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Agenda 11-15-16The City of Boynton Beach City Commission Agenda Tuesday, November 15, 2016, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Mack McCray (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton- beach. org Page 1 of 728 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). Page 2 of 728 1. OPENINGS A. Call to Order - Vice Mayor Mack McCray Invocation by Rev. Laurie Durgan, Associate Minister, UNITY of Delray Pledge of Allegiance to the Flag led by Commissioner Romelus ROLL CALL Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation by Human Resources and Risk Management staff about departmental operations. B. Announcement by Recreation & Parks Director Wally Majors about the Looney Dunes Fun Day event, which will be held at Oceanfront Park on Saturday, November 19, from 9 a.m. to 11 a. m.. C. Announcement by Recreation & Parks Director Wally Majors about the 46th Annual Holiday Parade, which will be held on Saturday, December 3, beginning at 11 a.m. Also, since the Parade was cancelled due to rain last year, Tom Kaiser will again be the Grand Marshal this year. D. Presentation of a certificate to the City of Boynton Beach, designating the City of Boynton Beach as an Autism Friendly Business, from Jennifer Percival, Clinical Support Specialist for Transition at the Center for Autism and Related Disorders (CARD) at Florida Atlantic University (FAU), to be accepted by Debbie Majors, Grants & ADA Coordinator. E. Proclaim November 12-20, 2016 as Hunger and Homelessness Awareness Week. F. Proclaim November 26, 2016 as Small Business Saturday. G. Proclaim December 1, 2016 as World AIDs Day. Winsy Marcellus will be present to accept the proclamation. H. City Hall will be closed for the Thanksgiving holiday on Thursday, November 24 and Friday, November 25, 2016. 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 Page 3 of 728 A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Regs and 1 Alt Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Historic Preservation Bd: 1 Alt Planning & Development Bd: 1 Reg Recreation & Parks Bd: 1 Alt Senior Advisory Board: 2 Alts B. Authorize City Commissioners to travel to Tallahassee, FL to attend Palm Beach County Days, March 7-9, 2017. C. Commission to discuss moving the Tuesday, March 7, 2017 Commission Meeting in the event that Commission members attend PBC Day in Tallahassee. 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. R16-151 - Authorize the Mayor to sign a Utility Easement with Florida Power & Light (FPL) to enable installation of an upgraded power feed to the East Water Treatment Plant (EWTP) B. PROPOSED RESOLUTION NO. R16-152 - Authorize the Mayor to sign an easement agreement between the City of Boynton Beach and Florida Power & Light Company for a perpetual and temporary construction easement to facilitate the undergrounding of electrical utility facilities along Dimick Road as part of the Casa del Mar project. C. PROPOSED RESOLUTION NO. R16-153 - Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcels 101-5 and 102-5R for the Florida Department of Transportation (FDOT) signalization project at Winchester Park Boulevard and Boynton Beach Boulevard. D. PROPOSED RESOLUTION NO. R16-154 - Amend the FY2015-2016 Budget to adjust budgeted appropriations and revenue sources to provide spending authority for Operating and Capital Improvement Projects as needed to cover expenditures and budget transfers between departments for FY 2015-2016. E. Declare thirty five (35) Vehicles/Equipment as surplus and approve the sale of these items via the auction process. F. Approve utilizing the General Services Administration (GSA) Contract #GS -07F -0396M pricing for contractual fire alarm/sprinkler monitoring, inspections and repairs in various City facilities from Simplex Grinnell LP for an estimated annual expenditure of $77,000 which expires on June 30, 2017. G. Accept fourth quarter report (July -September 2016) on operations of the Schoolhouse Children's Museum and Learning Center for FY15/16. H. Legal expenses - October 2016 - Information at the request of the Commission. No action required. Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for November 15, 2016 - "Request for Extensions and/or Piggybacks". Page 4 of 728 Accept the written report to the Commission for purchases over $10,000 for the month of October 2016 K. Approve the minutes from the Regular City Commission meeting held on November 1, 2016. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R16-155 - Authorize the City Manager to sign a contract with Johnson -Davis, Inc. for the North and South Roads Stormwater and Water Main Improvements project, Bid No. 035-2821-16/TP in the amount of $1,843,016 plus a 10% contingency of $184,301.60 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $2,027,317.60. B. PROPOSED RESOLUTION NO. R16-156 - Authorize the City Manager to sign a contract for the "Replacement of the Roof and HVAC System for the Pistol Range" with Al Property Services Group of Miami, FL as the most responsive, responsible bidder for the submitted bid amount of $167,307. Staff is requesting a 10% contingency of $16,730 for a total approved amount of $184,037. C. PROPOSED RESOLUTION NO. R16-157 - Approve an increase to the approved annual payment amount for year two and year three of the three year Microsoft Enterprise Agreement from $158,225.25 to $166,478.12. D. Approve a one-year extension to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with Lhoist North America with an increase of 4.3% per ton. This product will be ordered on an "As Needed" basis for an anticipated annual expenditure of $320,000. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. The Brass Tap (COUS 16-006 - Request for Conditional Use approval for a Bar & Nightclub to allow liquor sales at an existing restaurant at Boynton Village in the Suburban Mixed Use (SMU) zoning district. (Conditional Use approval is required in connection with the request for approval to sell liquor. The sale of liquor is projected to increase revenues from the sale of alcohol to over 51% of total sales, which changes the use from a "Restaurant" to a "Bar & Nightclub" use.) B. Smart Starts Day Care (COUS 16-003/MSPM 16-0061 - Approve request for Conditional Use approval associated with a request for Major Site Plan Modification approval for conversion of a 13,640 square foot office building to a day care facility and related site improvements, located at 3452 W. Boynton Beach Boulevard, in the C-1 (Office Professional) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. C. PROPOSED RESOLUTION NO. R16-150 - Approve the issuance of a "Notice of Intent" (NOI #2016-01) to adopt pending amendments to the City's Land Development Regulations (LDR) related to the siting and installation of wireless communication facilities (WCF) located within rights-of-way in the City limits. D. PROPOSED ORDINANCE NO. 16-021 - FIRST READING - PUBLIC HEARING - Approve the fifth extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None Page 5 of 728 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R16-158 - Authorize issuance of $23,000,000 principal amount of Utility System Revenue Bond, Series 2016 in order to pay for capital improvements to the City's Utility System and to pay for certain costs of issuing the Series 2016 Bonds. B. Commissioner Casello has requested to discuss the possibility of a referendum for the March 2017 election changing the provision for a candidate to be elected from 50% plus one rule. (Tabled to December 6, 2016) 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None B. Pending Items 1. City Services Survey for the CRA C. New Assignments -- None 14. LEGAL A. Approve insurance company's negotiated settlement in the amount $600,000.00 in the case of Byron L. Harris, Jr. v. City of Boynton Beach, Michael Brown, Matthew Medeiros, Stephen Maiori no, Ronald Ryan, Justin Harris, Cory Herny, and Alfred Martinez. B. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney- client session of the City Commission to discuss pending litigation in the following case: GEORGE WADE, individually, Plaintiff, vs CITY OF BOYNTON BEACH, a Florida City, Defendant — Palm Beach County Circuit Court Case No. 2016CA004353XXXXMB 15. FUTURE AGENDA ITEMS A. City Commission to review Legislative Priority List for upcoming Legislative Session - January 17, 2017. B. Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3.D.) to allow medical offices as accessory uses to a residential development. C. PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State -Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. December 6, 2016 D. Monthly Departmental Presentations: City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 E. I nterlocal Agreement with CRA for Community Standards Outreach position - December 20, 2016. 16. ADJOURNMENT NOTICE 1F APER.SON DECIDES TOAPPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED Page 6 of 728 AT THIS MEETING, HE/SHE WILL NEED ARECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE 1N AND ENJOY THE BENEFITS OFA SERVICE, PROGRAM, ORACTWITY CONDUCTED BY THE CITY PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1T1ONALAGENDAITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THECITY'S WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER 1T 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 7 of 728 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Call to Order - Vice Mayor Mack McCray Invocation by Rev. Laurie Durgan, Associate Minister, UNITY of Delray Pledge of Allegiance to the Flag led by Commissioner Romelus ROLL CALL Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: 1.A. OPENING ITEMS 11/15/2016 Page 8 of 728 Department City Clerk Reviewer Action Date 10/19/2016 - 0:00 PPA Page 9 of 728 2.A. OTHER 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Foyle, Judith Approved 10/10/2016 - 0:06 FSM Page 10 of 728 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Presentation by Human Resources and Risk Management staff about departmental operations. EXPLANATION OF REQUEST. 5-7 minute Powerpoint presentation about the department. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Human Resources Oldbury, Julie Finance Howard, Tim City Manager Howard, Tim Action Date Approved 11/4/2016 - 2:50 PM Approved 11/4/2016 - 3:22 PM Approved 11/7/2016 - 6:06 AM Page 11 of 728 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors about the Looney Dunes Fun Day event, which will be held at Oceanfront Park on Saturday, November 19, from 9 a.m. to 11 a.m.. EXPLANATION OF REQUEST. As part of the Play Outdoors... Unplugged series of events, the Recreation & Parks Department invites Boynton Beach families to join the fun at Oceanfront Park, which will include relays races, volleyball, sharks and minnows, fill the pail and much more. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT. Budgeted Expenses for this event are included in the Department's budget. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Recreation & Parks Pyle, Judith Approved 11/3/2016 - 3:25 PM Finance Howard, Tim Approved 11/6/2016 - 3:26 PM City Manager Howard, Tim Approved 11/6/2016 - 3:29 PM Page 12 of 728 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors about the 46th Annual Holiday Parade, which will be held on Saturday, December 3, beginning at 11 a.m. Also, since the Parade was cancelled due to rain last year, Tom Kaiser will again be the Grand Marshal this year. EXPLANATION OF REQUEST: The City is hosting its 46th Annual Holiday Parade, which this year will be held on Seacrest Blvd. Floats, bands, dancing, local groups and organization will all be joining us to help kick off the holiday season. The reviewing stand will be located at SE 3rd Avenue. The Grand Marshal of the Parade will be Tom Kaiser. Mr. Kaiser was chosen to be the Grand Marshal last year, but the Parade was cancelled due to bad weather. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT. Budgeted Funds for the event are included in the City's budget. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Recreation & Parks Finance Reviewer Action Date Majors, Wally Approved 11/4/2016 - 11:37 AM Howard, Tim Approved 11/4/2016 - 12:06 PM Page 13 of 728 City Manager Howard, Tim Approved 11/7/201 - 8:07 AM Page 14 of 728 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Presentation of a certificate to the City of Boynton Beach, designating the City of Boynton Beach as an Autism Friendly Business, from Jennifer Percival, Clinical Support Specialist for Transition at the Center for Autism and Related Disorders (CARD) at Florida Atlantic University (FAU), to be accepted by Debbie Majors, Grants & ADA Coordinator. EXPLANATION OF REQUEST: FAU CARD's Autism Friendly Business objectives are to increase autism awareness and support community inclusion by creating safe spaces and no judgment zones for people with autism and their families. To achieve these goals, FAU CARD provides businesses with the training and support needed to increase understanding and sensitivity about autism and related disabilities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Center for Autism and Related Disabilities (CARD) provided training for 63 full time employees city-wide, in April 2016. CARD also provided training to the seasonal part-time staff hired for the 2016 Summer Camp programs in the Recreation & Parks Department. This training provided strategies for inclusion of children who are on the autism spectrum or have other developmental delays. On December 1, 2016, additional employees from the Police and Fire Departments will participate in training specifically designed for first responders. Staff is currently implementing best practices to support community inclusion which, has earned the City the status of "Autism Friendly Business". The City of Boynton Beach is the first municipality to earn this distinction and will be acknowledged on Florida Atlantic University CARD website. FISCAL IMPACT. Non -budgeted None. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 15 of 728 Grant Amount: REVIEWERS: Department Reviewer Action City Manager Howard, Tim Approved Finance Howard, Tim Approved City Manager Howard, Tim Approved Date 11/3/2016 - 2:24 PPA 11/7/201 - 8:08 AM Page 16 of 728 3.E. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Proclaim November 12-20, 2016 as Hunger and Homelessness Awareness Week. EXPLANATION OF REQUEST: For 30 years, the Homeless Coalition has been the voice for the homeless advocating for their rights and a place they can call home. The Coalition has been a strong leader within the community by recommending policy changes to improve services for the homeless. It also identifies homeless strategies that can produce results, and gets the message out to the community for prompt action. The Coalition's Policy and Legislative Committee brings issues forward and offers solutions. The Coalition constantly monitors national, state and local legislation and news to distribute information through the Coalition's communication network including the website and social media. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. None ALTERNATIVES: Not to make proclamation STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Proclamation Description Proclamation Page 17 of 728 REVIEWERS: Department Reviewer Action City Clerk Fele, Judith Approved Finance Howard, Tim Approved City Manager Howard, Tim Approved Date 11/1/201 - 12:51 PPA 11/2/201 - 3:43 PPA Page 18 of 728 ProdamatUm WHEREAS, people from all walks of life, including families with children, employed and unemployed workers, elderly residents, veterans, disabled individuals, youth, and individuals are impacted by hunger and homelessness, and; WHEREAS, while homelessness creates barriers to accessing essential services, such as affordable health care, housing, child care, and education, the costs of these basic necessities often contribute to hunger, food insecurity, and people experiencing homelessness on any given night in Palm Beach County, and WHEREAS, the theme of National Hunger and Homelessness Awareness Week 2016 is "Being homeless is not a crime," and those experiencing homelessness should not be criminalized for committing life sustaining activities such as sitting, lying and sleeping in public spaces, and WHEREAS,, the City of Boynton Beach encourages all citizens to recognize that some people do not have housing and need support from citizens and private/public nonprofit service entities, and WHEREAS, , the intent of Hunger and Homelessness Awareness Week is consistent with the activities of the Homeless Advisory Board, Homeless Coalition, Homeless and Housing Alliance, Palm Beach County Food Bank and other service providers in Palm Beach County. NOW THEREFORE, I, Mack McCray, Vice Mayor of the City of Boynton Beach do hereby proclaim, November 12 to 20, 2016, as: HUNGER AND HOMELESSNESS AWARENESS WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 151h Day of November, Two Thousand Sixteen. Mack McCray, Vice Mayor ATTEST: Judith A. Pyle, City Clerk (Corporate Seal) Page 19 of 728 3.F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Proclaim November 26, 2016 as Small Business Saturday. EXPLANATION OF REQUEST: Small Business Saturday® was created in 2010 in response to small business owners' most pressing need: more customers. Falling between Black Friday and Cyber Monday, it's a day to support the local businesses that create jobs, boost the economy and preserve neighborhoods around the country. It has since become a nation-wide, well known celebrated event on the national calendar with support from elected officials, public and private organizations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Don't proclaim November 26, 2016 as Small Business Saturday. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Proclamation REVIEWERS: Department City Clerk Reviewer mmmm Description Proclamation Action Approved Date 11/1/2016 - 12:50 PM Page 20 of 728 Finance Howard, Tim Approved 11/3/2016 - 8:36 AM City Manager Howard, Tim Approved 11/7/201 -8:08 AM Page 21 of 728 ProdamatUm WHEREAS, the City of Boynton Beach, celebrates our local small businesses and the contributions they make to our local economy and community; according to the United States Small Business Administration, there are currently 28.8 million small businesses in the United States, they represent 99.7 percent of all businesses with employees in the United States, are responsible for 63 percent of net new jobs created over the past 20 years, and WHEREAS, small businesses employ over 49 percent of all businesses with employees in the United States; and WHEREAS, 89 percent of consumers in the United States agree that small businesses contribute positively to the local community by supplying jobs and generating tax revenue; and WHEREAS, 87 percent of consumers in the United States agree that small businesses are critical to the overall economic health of the United States; and WHEREAS, 93 percent of consumers in the United States agree that it is important for people to support the small businesses that they value in their community; and WHEREAS, the City of Boynton Beach supports our local businesses that create jobs, boost our local economy and preserve our neighborhoods; and WHEREAS, advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW THEREFORE, I, Mack McCray, Vice Mayor of the City of Boynton Beach do hereby proclaim, November 26, 2016, as: SMALL BUSINESS SATURDAY IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 151h Day of November, Two Thousand Sixteen. Mack McCray, Vice Mayor ATTEST: Judith A. Pyle, City Clerk (Corporate Seal) Page 22 of 728 3.G. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Proclaim December 1, 2016 as World AlDs Day. Winsy Marcellus will be present to accept the proclamation. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Not to proclaim December 1, 2016 as World AIDs Day. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation REVIEWERS: Department Reviewer Action City Clerk Pyle, Judith Approved Finance Howard, Tim Approved City Manager Howard, Tim Approved Date 11/1/2016 - 12:54 PM 11/2/2016 - 3:45 PM 11/7/2016 - 6:06 AM Page 23 of 728 prac����Um WHEREAS, world-wide an estimated 36.7 million people are currently living with HIV/AIDS and 35 million people have already died of AIDS-related illnesses, and an estimated 2.1 million new infections occur; and WHEREAS, the global spread of HIV infection and AIDS necessitates a worldwide effort to increase communication, education and action to stop the spread of HIV/AIDS; and WHEREAS, the United Nations Program on HIV/AIDS observes December 1 of each year as "World AIDS Day", a day to commemorate those who have passed on, celebrate victories such as increased access to treatment and prevention services, and to reinvigorate the worldwide effort to stop the spread of HIV/AIDS; and WHEREAS, the 2016 World AIDS Day theme is "Hands Up for #HIVPrevention" and focuses on condoms, harm reduction, equal access, male circumcision, PrEP, sex education, and testing and viral suppression; and WHEREAS, in the United States, more than 1.2 million people are infected with HIV and every 11 minutes a new infection occurs resulting in an estimated 50,000 new annual infections; and WHEREAS, the Palm Beach County HIV Community Prevention Partnership and the Palm Beach County HIV CARE Council, through its partners are working together to renew HIV/AIDS awareness and to expand and strengthen the local effort to stop the spread of HIV in Palm Beach County on World AIDS Day. NOW THEREFORE, I, Mack McCray, Vice Mayor of the City of Boynton Beach do hereby proclaim, December 1, 2016, as: WORLD AIDS DAY and urge all residents of the City of Boynton Beach to take part in activities and observances designed to increase awareness and understanding of HIV/AIDS as a global challenge and urge residents to join the global effort to prevent further spread of HIV/AIDS. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 151h Day of November, Two Thousand Sixteen. ATTEST: Judith A. Pyle, City Clerk (Corporate Seal) Mack McCray, Vice Mayor Page 24 of 728 3. H. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: City Hall will be closed for the Thanksgiving holiday on Thursday, November 24 and Friday, November 25, 2016. EXPLANATION OF REQUEST. In observance of Thanksgiving, all City administrative offices will be closed on Thursday, November 24 and Friday, November 25, 2016. City Hall will re -open on Monday, November 28, 2016 at 8:00 p.m. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted N/A ALTERNATIVES: These two days are regularly scheduled holidays for City employees. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 10/26/2016 - 0:22 AM Finance Howard, Tim Approved 10/26/2016 - 0:23 AM City Manager Howard, Tim Approved 11/7/2016 - 8:08 AM Page 25 of 728 5.A. ADMINISTRATIVE 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Regs and 1 Alt Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Historic Preservation Bd: 1 Alt Planning & Development Bd: 1 Reg Recreation & Parks Bd: 1 Alt Senior Advisory Board: 2 Alts EXPLANATION OF REQUEST. The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT. Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 26 of 728 ATTACHMENTS: Type D Other D Other D Other D Other D Other D Other D Other D Other REVIEWERS: Department City Clerk Reviewer Pyle, Judith Description Appointments Banic Lisa EYAB Banic Lisa RPB Feldman Jesse Murphy Greggory Podray Andrew Williams Howard Zonenstein Floyd Action Approved Date 101101201 - 3:06 PPA Page 27 of 728 APPOINTMENTS AND APPLICANTS FOR NOVEMBER 15, 2016 Arts Commission Mayor Grant Reg I Katz Reg IV McCray Alt Applicants None 3 yr term to 12/17 Tabled (3) 3 yr term to 12/17 Tabled (3) 1 yr term to 12/16 Tabled (3) Building Board of Adjustments and Appeals II McCray Reg 3 yr term to 12/17 Tabled (3) Applicants None Education and Youth Advisory Board Mayor Grant Alt 1 yr term to 12/16 1 Katz Alt 1 yr term to 12/16 Applicants Gregory Murphy Lisa Browne Banic - 2 d Choice Historic Resources Preservation Board Mayor Grant Alt 1 yr term to 4/17 Applicant Jesse Feldman Planning and Development Board Mayor Grant Reg 2 yr term to 12/17 Applicants Floyd Zonenstein - current alternate requests to be regular Andrew Podray Page 28 of 728 Recreation and Parks Board II McCray Applicants Lisa Browne Banic - 'I't Choice Howard Williams Senior Advisory Board III Romelus IV Casello Applicants None Alt 1 yr term to 12/17 Alt 1 yr term to 12/16 Alt 1 yr term to 12/16 Page 29 of 728 Pyle, Judith From: lisa.pr.expert <noreply@123contactform.com> Sent: Monday, September 19, 2016 5:00 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: 201609_Resume-Lisa Browne Banic_Program Mgr.doc Today's date 09/19/2016 Name Lisa Browne Banic Gender Female Phone number 954-809-9815 Address 720 E. Ocean Ave Boynton Beach FL 33435 United States Email lisa.pr.expertggmail.com Current occupation or, if retired, prior Public Affairs & Signal Communications Officer, U.S. Army occupation Education M.A., Organizational Leadership; B.A. Public Relations/Journalism Are you a Yes registered voter? Do you reside within the Boynton Yes Beach City limits? Do you own/manage a Yes business within City limits? If "yes", name of Lisa B - PR & Writing Services business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which N/A board(s) and when? Have you ever been No I Page 30 of 728 convicted of a crime? If "yes", when and N/A where? Advisory Board Education and Youth Advisory Board Personal U.S ARMY MAJOR LISA BROWNE BANIC, PMP, CKM; Qualifications LISA.PR.EXPERTLtWMAIL.COM; 954-809-9815 An accomplished people -oriented team player with a successful track record in Communications, Marketing and Event Management gained in corporate. government and military business environments. Her goal -oriented competitive spirit combined with well -honed skill sets has resulted in a continuous upward career path in marketing and public relations related fields. In the process of getting teacher certif. Experienced and successful in proposal, award and grant writing for multiple industries and marketing efforts. Over 10 years Project Management, database marketing experience in power/utilities, government. Professional • Public Relations Society of America (PRSA) Board Member, Palm Beach Co. Memberships • Gonzaga University Alumni Association • International Association of Business Communicators (IABC) • United States Rowing Association (USRA), National competitor • Knowledge Management Institute (KMI) • AFCEA (Government & Private Sector Signal Communications association) Feel free to attach/upload an www 123contactform.com!upload dld.php?fileid=a73922338ef3917c5fl6b30719b49697 extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 184.238.162.139 (United States) at 2016-09-19 15:59:40 on Firefox 48.0 Entry ID: 177 Referrer: www.boynton-beach.org/officials/recreation and parks board.php Page 31 of 728 Ili, Shaxla From: lisa.pr.expert <noreply@123contactform.com> Sent: Monday, September 26, 2016 11:11 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 09/26/2016 Name Lisa Browne Banic Gender Female Phone number 954-809-9815 Address 720 E Ocean Ave 4507 If "yes", name of business: Boynton Beach FL 33435 United States Email lisa.pr.expertcr gmail.com Current occupation or, if U.S.Army Reserve Public Affairs & Human Resources Officer retired, prior occupation Education BA Public Relations & Journalism Are you a registered voter? Yes Do you reside within the yes Boynton Beach City limits? Do you own/manage a yes J 70 business within City limits? If "yes", name of business: Lisa B - PR & Writing Services Are you currently serving No -® on a City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Recreation & Parks Board Personal Qualifications • 10 years successful career at 3 U.S. Combatant Commands. U.S. Central Command, U.S. Southern Command and National Guard Bureau, either as a government contract employee or on military work orders • US Army Public Affairs, Signal Communications & Human Resources certified a Over 10 years volunteer children's coach in swimming, basketball, kayaking t Page 32 of 728 and rowing. • Highly skilled in scope definition, budget, resource management, and proactive change management practices. Successfully utilized Waterfall and Agile methodologies. Professional Memberships U.S. Rowing Association (USRA) Public Relations Society of America (PRSA) Intl Association of Business Communicators (IABC) Department of Defense Info School (DINFOS) Public Affairs Officer (PAO) certification State of Florida Public Information Officer (PIO) certification • Experienced and successful in proposal, award and grant writing for multiple industries and efforts • Over 10 years Project Management and database marketing experience in power/utilities, government and retail industries monitoring budget, CRM and deadline phases for 13213, 132C and B2G customers • Adobe Creative Suite Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 184.238.168.148 (United States) at 2016-09-26 22:10:38 on Phone 9.0 Entry ID: 178 Referrer: www.boynton-beach.org/officials/recreation and parks board.php Page 33 of 728 Page 34 of 728 Px1e, Judith From: jesse.robert.feldman <noreply@123contactform.com> Sent: Thursday, October 20, 2016 5:32 PM To: City Clerk Subject: Historic Resources Preservation Board ap C Today's date 10/20/2016 Title Mr. Name rn 5 Jesse Feldman Address 117 South Seacrest Blvd ' -V Boynton Beach Florida 33435 M United States rn Home Phone 954-770-2179 Cell Phone 954-770-2179 Email jesse.robert.feldman(�a�,gmail.com Current occupation or, if retired, prior Attorney specializing in Property Insurance Litigation occupation Area of Expertise I was educated as a journalist at the University of Florida. After law school at Nova Southeastern University, I began working in the area of property insurance litigation, an area of law I have specialized in for 7 years now. Throughout my life, I have been extremely interested in history, both on a local and global level. Interest/Motivation I have a deep love of history, historic preservation, adaptive uses for historic buildings. to Serve Florida history, and of Boynton Beach. Approximately one year ago, we purchased the historic T.A. Ward home on Seacrest and spent the next 6 months working to save the home from damage caused by years of neglect and water leaks. We have spent the past year living in that historic home and I have gained a first hand knowledge of what it takes to save and reuse historic properties. I believe this knowledge will be valuable to the Board and the city. Around the same time that we purchased the home, I started an online petition to help the fight to save our historic High School. I saw how strong our community was and that there was a true desire to see our historic buildings preserved and reused. Since that time, I have had a desire to get involved in the fight to not just save our town's historic properties, but find ways to give them new life. I was born and raised in Florida, but I have only lived in Boynton Beach for approximately 5 years. While I don't consider myself to be a millennial, I am technically in that age group (33 years old) and have noticed that more people in that age group are beginning to move in to my neighborhood of Forest Park (where many of our historic properties are located). Given my age, background, and experience, I believe I could bring a unique perspective to the Board if I were given the honor and opportunity of serving. Are you a registered Yes Of- - , Page 34 of 728 voter in Palm Beach County? Have you ever been No convicted of a crime? If "yes", when and where? Have you ever served on an Advisory No Board? If "yes", what board(s), when and where? Professional Florida Bar Association Memberships Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from the committee. The message has been sent from 50.186.239.116 (United States) at 2016-10-20 16:32:14 on Internet Explorer 11.0 Entry ID: 15 Page 35 of 728 Ili, Shaxla From: murphygl <noreply@123contactform.com> Sent: Friday, October 21, 2016 5:18 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: RESUME_2017a.pdf Today's date 10/21/2016 Name Gregory Murphy Gender Male Phone number 561-436-6670 Address 1400 NW 3rd Street BOYNTON BEACH Florida 33435 retired, prior United States Email murphygla yahoo.com Current occupation or, if Educator retired, prior occupation .. Education MSE: Educational Leadership r; Are you a { ��., registered voter? Yes ro m M r:, Do you reside _hy within the, Boynton Yes Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in Yes the past? If "yes", which board(s) and Planning and Development Board when? I Page 36 of 728 Have you ever been convicted of a No crime? If "yes", when and where? Advisory Board Education and Youth Advisory Board Personal See attached resume. Qualifications Professional See attached resume. Memberships Feel free to attach/upload an NA-"".123contactform.com/upload dld.php?fileid=8ed02357alO25b84lebl5c2O733alOc3 extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.0.244.176 (United States) at 2016-10-2116:18:16 on Chrome 53.0.2785.143 Entry ID: 180 Referrer: www.boynton-beach.org/officials/advisory boards.php Page 37 of 728 Stanzione, Tammy From: poc14270 <noreply@123contactform.com> Sent: Tuesday, January 19, 2016 3:26 PIVI To: City Clerk Subject: Advisory Board Appointment application Attachments: resu melts retailoffice.docx Today's date 01/19/2016 Name Andrew Podray Gender Male Phone number 561-523-5140 Address 800 North Road Boynton Beach Florida 33435 United States Email pod4270 Lamol.com Current occupation or, if retired, prior President and CEO of American Housing Enterprises occupation Education Bachlors in Health Administration / Business Are you a Yes (J registered voter? Do you reside within the Boynton Yes Beach City limits? Do you own/manage a Yes business within City limits? If "yes", name of American Housing Enterprises business: Are you currently serving on a City No board? Have you served on a City board in the Yes past? If "yes", which Board of Adjustment and Appeals. I only served about 6 months. The board didn't meet board(s) and when? frequently enough and I did not want to use my talents to enforce the Building Department's codes. Page 38 of 728 Have you ever been convicted of a No crime? If "yes", when and where? Advisory Board Planning & Development Board Personal Please see Resume Qualifications Professional Please see resume Memberships Feel free to attach/upload an www.123contactform.com/upload dld.php?fileid=e75dl fc26b3b4dba940e5ac927d77d69 extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. 'rhe message has been sent from 98.242.164.67 (United States) at 2016-01-19 15:26:12 on Internet Explorer 11.0 Entry ID: 140 Referrer: www.boynton-beach.org/officials/advisory boards.php 2 Page 39 of 728 Andrew V. Podnay 8UUNorth Road Boynton Beach, Florida 33435 Office: (5G1)523-5140 Statement of General Qualifications American Housing Enterprises November 1$57'Present President andC.E.O. Boynton Beach, Florida During my sixteen plus years owning, managing, and developing multi -family, office and retail real estate, I have successfully owned' operated and/or developed 1228 apartment undo. 167.000 square feet of office and over 913,000 square feet of retail ottwenty nine different |wcmUnnn throughout Florida. Most of the buildings | am affiliated with were purchased in o ^Dimtnauoad Condition" and had to be renovated/streamlined tobecome profitable. These distressed properties exhibited avariety ofproblems including: Low Dccuponcy, High Expenses, Below Market Rents, Physical/Structural |eouem. Improper Staffing, and High Crime. Today, ! own and manage 841apartment units, 74.2O0 square feet cfoffice and 621.000 square feet ofretail property throughout the state ofFlorida. | actively manage/ upemioea||phmaaoot Collections, Leasing, Appnaisa|&a|um Evaluation Procurement and Interpretation, Financial Tax Prepand|nn, Aoouundn0, Evictions. Purchasing and Selling, Maintaining Community Relations, Advertising, Insurance Matters, Budget Adhensnce, Staffing. Payroll, and other similar functions related to the overall mwnenah|p, development and management ofrenta|/offine/ne(ai|property units. Returns Supervisor (During College) September 1996 - October 1997 AUDIO AMERICA WEST PALM BEACH, FLORIDA | dealt exclusively with customer credit accounts, merchandise returns and customer relations. | filed paperwork including invoicao, ordens, requests for credit, and minor budgeting paperwork. Additionally, | facilitated customers' orders and returns in conjunction with my supervisors and warehouse staff. Bachelors inBusiness/Financial Administration Graduated 1997 FLORIDA ATLANTIC UNIVERSITY BOCA R~TOw.FLDn|DA Graduating GPA (3.88) 4 Graduated with honors at the age of eighteen' � Accepted into college onthe early admissions program. � A recipient ofthe Florida Presidential Scholarship. � Amember ofthe Business Honors Society, Page 40 of 728 Ellis, S ayl From: tugworld <noreply@123contactform.com> Sent: Wednesday, November 09, 2016 9:04 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 11/09/2016 Name Howard Williams Gender Male Phone number 562-396-7347 Address 230 ONE 16TH AVE BOYNTON BEACH FLORIDA 33435 United States Email to wg orldggmail.com Current occupation or, if Behavioral health Tech retired, prior occupation Education Associate Degree in Criminal Justice Are you a registered voter? Yes..i Do you reside within the yes Boynton Beach City limits? Do you own/manage a No business within City limits? z-� If "yes", name of business: Are you currently serving No ' r+ on a City board? rrT Have you served on a City yes board in the past? If "yes", which board(s) and when? ., Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Recreation & Parks Board Personal Qualifications Experience with today's youths. Youth football coach. I was once a youth playing in these same parks in Boynton Beach. My experience will help the city of Boynton Beach be the best city in the world Professional Memberships Certification I, the applicant, hereby certify that the statements and answers provided herein 1 Page 41 of 728 are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 76.108.79.191 (United States) at 2016-11-09 09:04:02 on Android 6.0 Entry ID: 186 Referrer:www.boynton-beach.org/officials/advisory boards.php Page 42 of 728 Ellis, Sha From: FLOYD ZONENSTEIN <fhz201@bellsouth.net> Sent• Saturday, October 29, 2016 11:12 AM To: City Clerk Subject: P & D board. I would like to be considered for regular member on the board. Presently an alternate member. Floyd H. Zonenstein. Page 43 of 728 ADMINISTRATIVE 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Authorize City Commissioners to travel to Tallahassee, FL to attend Palm Beach County Days, March 7-9, 2017. EXPLANATION OF REQUEST: The annual Palm Beach County Days will be held in Tallahassee, FL, March 7 & 8, 2017. The City has received notice from Palm Beach County with registration information. We would anticipate that Commission members would travel on Tuesday, March 7th and return on Thursday, March 9th. Registration is $150 per person, the hotel is going to be about $220 per night, airfare would probably be around $500, and additional expenses of about $110 for a total of approximately $1,200 per Commissioner Staff will coordinate and secure travel arrangements for the Commissioners that are approved to attend In accordance with Resolution R07-150, establishing the travel policy for the City Commission, the City Commission by a majority of its members shall approve travel for each member of the City Commission (Resolution attached). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted At an estimated cost of $1,090 per attendee the costs would be: 1 attendee - $1,200 2 attendees - $2,400 3 attendees - $3,600 4 attendees - $4,800 5 attendees - $6,000 Costs would be paid from line item 001-1110-511-40-12. ALTERNATIVES: Do not authorize any Commissioners to travel to PBC Days. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 44 of 728 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment REVIEWERS: Department Finance Finance City Manager Description PBC Day Newsletter City Commission Travel Policy Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 11 /4/2016 - 9:1 AM 11 /4/2016 - 9:1 AM 11181201 - 9:30 AM Page 45 of 728 re a HOTEL nuvni _Administrator I-oddBonlarron teaddiscussions with Representative Patrick Rooney andSpeaker of the Mouse Steve Crissafuli. As we look back through history, the European renaissance represented a turning point which took Europe from the chaos of the middle ages into a new way of thinking, expressing and interpreting reality. The Renaissance literally means "rebirth," and conjures up images of making old things new and of rediscovery. The Hotel Duval is a perfect example of rebirth. Years ago, the Duval was actually a very dated Raddison Inn. It was gutted, revisioned and remodeled. When we arrive in March, you will see that the Hotel Duval is now a cutting-edge boutique hotel that has become a hub of Tallahassee social lifer Rediscovering the new in what was once old, is vital in creating innovativeways of dealing with some our county's legislative" priorities. Water, education," environmental restoration and many other issues that have beenaround for a while, deserve a new look and funding' for a fresh start. It's not enough to scrap what has been done, and start over; the answer to many problems is to rebuild, rebirth and redeem that which was old and make it new again. Join us March 7-8, 2017 in Tallahassee to e Knowleage in eaucation, tinance & tax, affordable housing, local governments, transportation, pro- curement, retirement, insurance and health care. Prior to managing and lobbying for The Moya Group, Rebecca lobbied in the Tallahassee office of Greenberg Traurig. She also served as the Legislative Director for the Florida..Housina ATTENDEE REGISTRATION FORM PALM BEACH COUNTY DAY 2017 March 7-8, 2017 Register online at www.pbcgov'.corr'i/pbcday Please include the information required for your attendees staying in our block of rooms. Payment must be made before rooms can be booked in our block. Fax to: PBC Public Affairs, 561-355-3819 or e-mail to �k1co@pb-gov,,o g Business: Contact: Street Address: City: Phone: E -Mail Address: Registration Fee $150.00 per person: State: Fax: Zip: Registration fee must be paid by check or online before room reservation. Cancellations must be received before February 13, 2017 in order to receive a refund for registration. Limited number of rooms, Reserve Early Public Affairs has secured a block of rooms attheAloft, DoubleTree and Duval Hotels. Please return the attendee registration form, including the names of the attendees. There are a limited number of rooms in our group and this will be a first come first reserve basis. Again this year there will be a hotel code to reserve your room online with the hotel once your registration has been paid. All hotels require a two -night stay. No rooms can be reserved without paid registration. The Aloft, our host hotel, is $219.00 per night. We also have blocks of rooms at the DoubleTree, $214.00 per night, and Hotel Duval, $289.00 per night. Hotel room cancellation policies vary. Please check with your hotel for details. Attendee Attendee Attendee Attendee Which Hotel - Circle One Aloft Hotel Attendee email Attendee email Attendee email Attendee email DoubleTree Hotel Hotel Duval Payment Information: Please make checks payable to PALM BEACH COUNTY DAY Send to: Palm Beach County Public Affairs 301 North Olive Avenue, Suite 1102 West Palm Beach, Florida 33401 For additional information, call Public Affairs at 355-2754 or visit our website at www.pbcgov.com/pbcday Page 48 of 728 ACtiC'. Palm Beach County Board of County Commissioners w Public Affairs Department • 301 N. Olive Avenue, Suite 1102 FLoRip4' West Palm Beach, FL 33401 www.pbcgov.com Address Service Requested �gACH c yfi OL2.7 �1OR194' Palm Beach County Board of County Commissioners Mary Lou Berger, Mayor Hal R. Valeche, Vice Mayor Paulette Burdick Shelley Vana Steven L. Abrams Melissa McKinlay Priscilla A. Taylor County Administrator Verdenia C. Baker Assistant County Administrator Todd Bonlarron Legislative Affairs Director Rebecca De La Rosa Public Affairs Lisa De La Rionda, Director Editors Craig Stephens, John Jamason Gloria Taylor Printed by the Graphics Division PRSRT STD U.S. POSTAGE PAID WEST PALM BEACH, FL PERMIT #685 Page 49 of 728 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R 07 - 150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A TRAVEL POLICY; RESCINDING ALL PREVIOUS RESOLUTIONS AND POLICIES GOVERNING TRAVEL BY THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach desires to establish a travel policy to provide for an administrative process by which each member of the Commission would obtain concurrence of a majority of the members of the City Commission for approval of travel expenditures; and WHEREAS, passage of this Resolution will rescind all previous Resolutions and policies governing travel by the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City Commission of the City of Boynton Beach does hereby establish a Travel Policy, a copy of which is attached hereto as Exhibit "A". Section 3. That any and all previous Resolutions and/or Policies governing travel are rescinded. Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 50 of 728 RI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PASSED AND ADOPTED this 18 day of December, 2007. ATTEST: M. Prainito, CMC Clerk SACA\RESO\Commission Travel Policy.doc 12/3/07 CITY OF BOYNTON BEACH, FLORIDA or — Je aylo '22— t// — Vice M r — J odii ez Commissioner — Ronald Wei an Commissioner — Woodrow—E.- Commissioner oo .Commissioner — Marlene Ross Page 51 of 728 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1. Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 52 of 728 City of Boynton Beach City Commission Gt�IVFE�t���E=�&° �'�tA1����F�ECt' ��►T Date of Request: City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: W: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: "Cl LV NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 53 of 728 5.C. ADMINISTRATIVE 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Commission to discuss moving the Tuesday, March 7, 2017 Commission Meeting in the event that Commission members attend PBC Day in Tallahassee. EXPLANATION OF REQUEST: Historically members of Commission have attended the annual Palm Beach County Day in Tallahassee at the beginning of the Legislative session. PBC Day is scheduled for Tuesday, March 7 and Wednesday, March 8, 2017. We anticipate Commission members would leave Tuesday morning (March 7) and return sometime Thursday (March 9). In the event members of the Commission plan on attending, the Commission Meeting scheduled for Tuesday, March 7, 2017 may need to be moved. Tuesday, March 7, 2017 - Does the Commission want to reschedule to Thursday, March 9, 2017 at 6:30pm in the Commission Chambers? The City election is scheduled for Tuesday, March 14, 2017. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 54 of 728 REVIEWERS: Department Finance Finance City Manager Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 11/3/2016 - 2:05 PPA 11/3/2016 - 2:05 PPA 11/8/2016 - 9:31 AM Page 55 of 728 6.A. CONSENTAGENDA 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-151 -Authorize the Mayor to sign a Utility Easement with Florida Power & Light (FPL) to enable installation of an upgraded power feed to the East Water Treatment Plant (EWTP) EXPLANATION OF REQUEST. The existing power supply from FPL to the EWTP has insufficient capacity to meet the needs of the plant following the upgrades currently underway. The easement will allow the installation of a new larger transformer while maintaining operations at the plant. The easement will run from the power pole on Woolbright Road to a new transformer at the north end of the EWTP site through the city park by the utility Administration Building..The line will be run underground and will not disturb the operations of the park. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The completed installation will ensure that the EWTP has sufficient electrical power to meet all planned future needs. FISCAL IMPACT. Budgeted The $2,200 cost of the easement will be covered by the ongoing EWTP Upgrade Project. ALTERNATIVES: Not to allow the easement and restrict the capacity of the EWTP. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type r Description Resolution authorizing Utility Easement for Transformer at EWTP Page 56 of 728 REVIEWERS: Department Utilities Finance Legal City Manager Reviewer Groff, Colin Howard, Tim Swanson, Lynn LaVerriere, Lori Easement Agreement Action Approved Approved Approved Approved Date 11/7/2016 - 4:41 PPA 11/8/2016 - 7:53 AM 11/8/2016 - 11:44 AM 11/8/2016 - 5:14 PPA Page 57 of 728 1 RESOLUTION R16- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, GRANTING A UTILITY EASEMENT TO FLORIDA 5 POWER & LIGHT TO ENABLE INSTALLATION OF AN 6 UPGRADED POWER FEED TO THE EAST WATER 7 TREATMENT PLANT; AUTHORIZING THE MAYOR TO SIGN 8 THE UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS, the existing power supply from FPL to the East Water Treatment 12 Plant has insufficient capacity to meet the needs of the plant following the upgrades 13 currently taking place; and 14 WHEREAS, the easement will allow the installation of a new larger transformer 15 while maintaining operations at the plant; and 16 WHEREAS, the easement will run from the power pole on Woolbright Road to a 17 new transformer at the north end of the East Water Treatment Plant site through the city 18 park by the Utility Administration Building. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 22 as 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, Florida does 25 hereby approve the granting of a Utility Easement from the City of Boynton Beach to the 26 Florida Power & Light to enable the installation of an upgraded power feed to the East Water 27 Treatment Plant and authorizes the Mayor to sign the Utility Easement, a copy of which is 28 attached hereto as Exhibit "A". C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\D215A9F8-01A7-4953-ACBB-30BAB6F7D697\Boynton Beach. 4421.1. Utility_ Easement (FPL EWTP North)_-_Reso.Doc Page 58 of 728 29 Section 3. This Resolution will become effective immediately upon passage. 30 31 PASSED AND ADOPTED this day of , 2016. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\D215A9F8-01A7-4953-ACBB-30BAB6F7D697\Boynton Beach. 4421.1. Utility_ Easement (FPL EWTP North)_-_Reso.Doc Page 59 of 728 Work Request No. Parcel 1. D.O&43-4''&33-14000- 0013 (Maintained by County Appraiser) Name: Co. Name: City Of Bovnton Beach Address: 100 Boynton Beach Blvd Boynton Beach. FI.. 33425 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 0. Signed, sealed and delivered in the presence of: City Of Boynton Beach, ( c dna ure By°............................................................ Print Name: (witness)Print Name: Print Address: r ria rare Print Name: (Witness) STATE OF AND COUNTY OF before me this dad of y , by The foregoing instrument was acknowledged of a. 9 who is personally known to me or has produced ___ as identification, and who did (did not) take an oath. (Type of Identification) My Commission Expires: Notary Public„ Signature Print Name Page 60 of 728 EXHIBIT A SKETCH OF DESCRIP11ON THIS IS NOT A SURVEY NOT VALID OUT ACCOMPANYING SHEET 0 D Q O O ® cc ul +L � z WOOLBRIGHT ROAD F rri z W Ld z SITE .Ca QE3LBjaLl QN LOCATION MAP N.T.S. AN EASEMENT SITUATED IN SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF TRACTS 1 AND 2 OF THE PI -All' OF THE SUBDIVISION OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EST, AS RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SEAWAY VILLAS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 32 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE EASTERLY RIGHT—OF—WAY LINE OF SEACREST BOULEVARD AS SHOWN ON ROAD PLAT BOOK 5, PAGE 121 OF SAID PUBLIC RECORDS, SAID POINT ALSO BEING ON THE ARC OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 3859.83 FEET FROM WHICH A RADIAL LINE BEARS NORTH 74'15'24" WEST; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17'04'50', A ARC DISTANCE OF 1150.65 FEET; THENCE DEPARTING SAID EASTERLY RIGHT—OF—WAY LINE OF SEACREST BOULEVARD, NORTH 88'39'46" EAST, A DISTANCE OF 63.84 FEET TO THE POINT OF BEGINNING® THENCE NORTH 00'48'39" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 89'11'21" EAST, A DISTANCE OF 2.49 FEET; THENCE NORTH 05'05'01" EAST, A DISTANCE OF 114.29 FEET TO A POINT ON THE SOUTH RIGHT—OF—WAY LINE OF WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 5, PAGE 121 OF THE AFOREMENTIONED PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID SOUTH RIGHT—OF—WAY LINE, NORTH 89'19'55" EAST, A DISTANCE OF 10.05 FEET; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY LINE, SOUTH DESCRIPTION CONTINUEDT SKETCH AND DESCRIPTION FLORIDA POWER & LIGHT EASEMENT BOYNTON BEACH WATER TREATMENT PLANT CITY OF BOYNTON BEACH, FLORIDA Imam tH SKETCH AND DESCRIPTION FLORIDA POWER & LIGHT EASEMENT BOYNTON BEACH WATER TREATMENT PLANT CITY OF BOYNTON BEACH, FLORIDA SKETCH OF DESCRIPTION THIS IS NOT ' SURVEY NOT • WITHOUT ACCOMPANYINGAND • 0 + DISTANCE ..27 FEET; THENCE NORTH • EAST, DISTANCE OF 2.46 FEET; THENCE SOUTH 00'48'39" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 89*11'21" WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 1,367.784 SQUARE FEET OR 0.031 ACRES, MORE OR LESS. T 1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY ENGENUITY GROUP„ INC. . THIS SKETCH 1S BASED ON INFORMATION FURNISHED BY CLIENT OR CLIENT'S REPRESENTATIVE. 3. THIS SKETCH IS NOT VALID WITHOUTH THE ORIGINAL SIGNATURE AND RAISED SEAL OF A FLO `DA LICENSED SURVEYOR AND MAPPER. SHOWN4. BEARNGS ! ARE ON OF 89'13'03" ALONG THE NORTHOF • •VILLAS,OwDPLAT BOOK 38, PAGE 32, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,, ALL OTHER BEARINGS 1 CENTRAL (DELTA) ANGLE L ARC LENGTH O'ik OFFICIAL RECORDBOOK Pi PLAT :•O PG(S)P a POB POINT OF BEGINNING vloc POINT OF COMMENCEMENT RADIUS SURVEYOR'S CERTIFICATE I - ... CERTIFY... + REPRESENTED P. D HEREON COMPLIES STANDARDS O PRACTICE, . a AS ORBY THE FLORIDABOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION FLORIDA STATUTES, ► 1 1 T : r PROFESSIONAL SURVEYOR AND MAPPER STATE OF ! - NO. • w' STATE OF ORIDLB#6603 {�SKETCH AND DESCRIPTION EXHIBIT "A" SKETCH OF DESCRIP11ON THIS IS NOT A SURVEY MOT V WOOLBRIGHT ROAW 80 WIDE RIGHT -OF -WA RPB 5. PG 121 1 m N 89'1 9'55"E NORTH LINE SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST ,--S R/WLINE OF RPB 5, PG 121 9*19'55"E 10-05' clq c'j PROPOSED EASEMENT AREA = 1,367.784 SQ.FT. L 0.031± ACRES LLJ 04 ,d-. irk p 00 N 10 U) Lo c) z 0 — N89*1 1'21 "E z V� 2.46' SOO'48'39"E A PORTION OF F�T8--8-39'45"E 15.00' 63.84' TRACTS 1 AND 2 E S89*11'21"W SUBDIVISION OF SECTION 33, 15.00' TOWNSHIP 45 SOUTH, RANGE rDn 0 43 EAST, POB PLAT BOOK 11, PAGE 4 A PORTION OF GRAPHIC SCALE TRACTS 1 AND 2 0 50 75 100 SUBDIVISION OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, SCALE: 1 "=50' PLAT BOOK 1, PAGE 4 POC N LINE OF NW CORNER OF SEAWAY VILLAS SEAWAY VILLAS PB 3% PG 32 PB 38, PG 32 r SEAWAY VILLAS PS 38, PG 32 Ems P.P FIT M CONSENTAGENDA 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-152 - Authorize the Mayor to sign an easement agreement between the City of Boynton Beach and Florida Power & Light Company for a perpetual and temporary construction easement to facilitate the undergrounding of electrical utility facilities along Dimick Road as part of the Casa del Mar project. EXPLANATION OF REQUEST: On March 2nd, 2015 the City Commission approved site plan (NWSP 14-004) for the Casa del Mar project. The developer as a condition of the approval has agreed to underground the existing electrical utility facilities along Dimick Road from Federal Highway to Lake Drive. To facilitate this request FPL has required a perpetual easement for the installation, construction, operation, and maintenance of overhead and underground electrical utility facilities, including wires, poles, guys, cables, conduits, and appurtenant equipment upon, on, over, across, and under the portion of the Dimick Road right of way as depicted in Exhibit "A" of the easement agreement. In addition to the perpetual easement, FPL has required a temporary construction easement for the construction of the Facilities upon, on, over, across, and under the portion of the Dimick Road right of way as depicted in Exhibit "A" of the easement agreement. Staff has reviewed the easement language and believes the easement agreement is in the best interest of the City. Staff recommends approval of the easement agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The undergrounding of existing electrical utilities lines along Dimick Road will enhance the Casa del Mar project and surrounding neighborhood by removing unsightly overhead lines as well as improve protection of electrical facilities in the event of a future hurricane. FISCAL IMPACT. Budgeted There is no fiscal impact to the City as all costs will be borne by developer. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 64 of 728 Is this a grant? No Grant Amount: ATTACHMENTS: Type REVIEWERS: Department Development Finance Legal City Manager Description Resolution approving Easement for FPL at Dimick Road Easement Agreement Reviewer Action Mack, Andrew Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 11/3/2016 - 1:17 PPA 11/3/2016 - 1:44 PPA 11/9/2016 - 11:45 AM 11/9/2016 - 4:15 PPA Page 65 of 728 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 R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A UTILITY EASEMENT TO FLORIDA POWER & LIGHT FOR A PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT TO FACILITATE THE UNDERGROUNDING OF ELECTRIGAL UTILITY FACILITIES ALONG DIMICK ROAD AS PART OF THE CASA DEL MAR PROJECT; AUTHORIZING THE MAYOR TO SIGN THE UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 2, 2015, the City Commission approved site plan (NWSP 14-004) for the Casa del Mar project; and WHEREAS, the developer, as a condition of the approval, has agreed to underground the existing electrical utility facilities along Dimick Road from Federal Highway to Lake Drive; and WHEREAS, the easement will allow FPL to install, construct, operate and maintain overhead and underground electric utility facilities upon, on, over, across and under the portion of the Dimick Road right of way as depicted in Exhibit "A" of the easement agreement; and WHEREAS, FPL has required a temporary construction easement for the construction of the Facilities upon, on, over, across and under the portion of the Dimick Road right of way as depicted in Exhibit "A" of the easement agreement. 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. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\99BD097D-9FF1-4B60-8E83-F7313E72C2F8\Boynton Beach. 4433.1. Utility_ Easement (FPL Dimick Rd_ -_Casa Del_Mar)_-_Reso.Doc Page 66 of 728 30 Section 2. The City Commission of the City of Boynton Beach, Florida does 31 hereby approve the granting of a Utility Easement from the City of Boynton Beach to the 32 Florida Power & Light for the installation, construction, operation and maintenance of 33 underground electric utility facilities along Dimick Road from Federal Highway to Lake 34 Drive; and authorizes the Mayor to sign the Utility Easement Agreement, a copy of which is 35 attached hereto as Exhibit "A". 36 Section 3. This Resolution will become effective immediately upon passage. 37 PASSED AND ADOPTED this day of , 2016. 38 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 YES NO 42 43 Mayor — Steven B. Grant 44 45 Vice Mayor — Mack McCray 46 47 Commissioner — Justin Katz 48 49 Commissioner — Christina L. Romelus 50 51 Commissioner — Joe Casello 52 53 54 VOTE 55 56 ATTEST: 57 58 59 60 Judith A. Pyle, CMC 61 City Clerk 62 63 64 65 (Corporate Seal) C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\99BD097D-9FF1-4B60-8E83-F7313E72C2F8\Boynton Beach. 4433.1. Utility_ Easement (FPL Dimick Rd_ -_Casa Del_Mar)_-_Reso.Doc Page 67 of 728 This instrument prepared by: David N. Tolces, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 EASEMENT AGRE EMENT THIS EASEMENT AGREEMENT ("Agreement") made this _ day of , 2016, by and between Florida Power & Light Company, a Florida corporation, its affiliates, licensees, agents, successors, and assigns ("FPL11) whose address is P.O. Box 14000 Attn: CRE/JB, Juno Beach, Florida 33408-0420, and the City of Boynton Beach, a Florida municipal corporation, ("CITY") whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934; WHEREAS, the CITY is the owner of that certain real property located in Boynton Beach, Florida, more particularly described on attached Exhibit A ("Property"); WHEREAS, the CITY desires to grant a perpetual easement to FPL for the installatio construction, operation, and maintenance of overhead and underground electrical utili facilities, including wires, poles, guys, cables, conduits, and appurtenant equipment (collective "Facilities") upon, on, over, across, and under the portion of the Property depicted on attach 1 Exhibit "A" ("Easement Area") to provide electricity to properties located within the CITY; WHEREAS, in addition to the perpetual easement, the CITY also desires to grant FPL ?- temporary construction easement for the construction of the Facilities upon, on, over, across, ani, under the portion of the Property depicted on attached Exhibit A ("Temporary Easement Area"); and WHEREAS, once installed, the Facilities will be maintained by FPL, and, if necessary, ther replaced by FPL- and WHEREAS, the parties hereto have concluded that the most efficient manner in which t* achieve the purposes and goals set forth above would be through the entering into this Agreement, together with granting FPL a right of entry on to the Property for the installation, construction, operation, and maintenance of the Facilities, in accordance with the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and No/100 ($10.00) Dollars and other good and valuable consideration, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: '00123021 2 306-9001821} Page 68 of 728 1. The aforesaid recitals are true and correct and are incorporated herein by this reference. 2. The CITY hereby grants and conveys to FPL a permanent perpetual easement for the installation, construction, operation, and maintenance of the Facilities to be installed from time to time, with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of and remove such Facilities or any of them within the Easement Area, together with the right to permit FPL to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area, and to operate the same for FPL's communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area, which might interfere with or fall upon the lines • systems • communications • power transmission or distribution; the right to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution. 3. This Agreement is a permanent perpetual easement and shall not be change altered or amended except by an instrument in writing executed by FPL and the CITY or the respective successors and assigns. 4. The CITY further agrees to sign any applications and documents for any permits which FPL may be required to submit to any local, state, or federal agency in association with the installation and maintenance of the Facilities. FPL agrees to pay any and all fees associated with obtaining any permits from any local, state, or federal agency for the installation of the Facilities. 5. In association with the CITY's grant and conveyance of this Agreement, the CITY shall use its best good faith efforts to obtain a consent and subordination agreement from any person or corporation that holds a mortgage or other property interest in the Property. 6. The CITY also hereby grants and conveys to FPL a temporary construction easement upon, on, over, across, and under the Temporary Easement Area for the purpose of constructing the Facilities. 7. FPL shall ensure that any portion of the Property damaged by FPL pursuant to this Agreement is returned --I- as near as its original condillori as practical by FPL as or be date FPL commenced such use, at the FPL's own cost, provided such damage is not caused by the City's negligence. This includes any pavement improvements and related roadway improvements removed as part of FPL's installation of the Facilities. 8. Both the perpetual and temporary easements and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of FPL and the CITY, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the Easement Area, the Property, and all persons claiming by, through and under them. {001230212 306-9001821 Page 69 of 728 9. In the event of any gation in connection with this Agreement, the prevailin:'Q party shall be entitled to recover court costs and reasonable attorney's fees. 10. If any provision in this Agreement shall be determined to be invalid by a court CH competent jurisdiction, then such provision or determination shall not affect any other provisio of this Agreement, all of which other provisions shall remain in full force and effect. I 11. The CITY represents and warrants that it is lawfully seized and possessed of the Easement Area and Property, that it has a good and lawful right to convey the easements set forth in this Agreement, and that the Property and Easement Area is free from all encumbrances. CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida M, Judith A. Pyle, City Clerk Steven B. Grant, Mayor RM Office of the City Attomey STATE OF FLORIDA )ss: COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this —day of —5 20 , by Steven B. Grant, as Mayor of the City of Boynton each, Judith A. Pyle, City Clerk of the City of Boynton Beach, and as Attorney for the City of Boynton Beach, who are personally known to me or have produced as identification. My Commission expires: TIM {0012302L2 306-9001821} Page 70 of 728 Signed, sealed and delivered in the presence of.- FLORIDA f.a Florida Corporation - Sign Name Print Name STATE OF FLOR11DA •' i • POWER & LIGHT COMPANY, BY: l _ ._ auder Area a , 8 Estate; Nianager Signature The foregoing instrument was acknowledged before ine this day of _ ` . 2016 by 16 6 r as Area Regi Estate Wda Power & Light Co npany, a Florida corporation who is personally known to me or has produced a Florida Driver's License as identification. ft 101 lei FEW' I'll 5 (00123021 2 306-900]821} Page 71 of 728 St MICK hrof R01id. n'ann My x C'castaMission FF 901483 xpsr[talif Page 71 of 728 Property, Easement Area and Temporary Easement Area ,001233021 23o6-9ooiszt} Page 72 of 728 I3w.jcw_mm m I I CAULFIELD & WHEELER, INC. CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA BATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 DIMICK ROAD MAINTENANCE EXHIBIT ATE 6/30/16 AVID7. LINDLEY EGISTERED LAND URVEYOR NO. 5005 .SCALE AS SHO TATE OF FL6RIDA 9# 3591 'JOB NO. 67254;arii to 3 K. CAULFIELD & WHEELER, INC. CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA BATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 DIMICK ROAD MAINTENANCE EXHIBIT ATE 6/30/16 AVID7. LINDLEY EGISTERED LAND URVEYOR NO. 5005 .SCALE AS SHO TATE OF FL6RIDA 9# 3591 'JOB NO. 67254;arii 6.C. CONSENTAGENDA 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-153 -Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcels 101-5 and 102-5R for the Florida Department of Transportation (FDOT) signalization project at Winchester Park Boulevard and Boynton Beach Boulevard. EXPLANATION OF REQUEST. The Florida Department of Transportation (FDOT) is installing new traffic and pedestrian signalization poles at the intersection of Winchester Park Boulevard and Boynton Beach Boulevard. FDOT has acquired Parcels 101-5 and 102-5R, which currently contain utility easements dedicated to the City of Boynton Beach. As part of FDOT's customary procedures, FDOT is requesting that the City subordinate the utility easement interests to FDOT. The City will retain the easements; however, the easements will be considered to be in the FDOT right-of-way and a utility permit will be required if the City needs to perform future work within the easements. Once the subordination is executed, FDOT will reimburse the City for any relocation of the utilities or other impacts that may arise due to FDOT's roadwork in the future. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no adverse impact to City programs or services. The City will retain the existing easements, and there will be no impacts to the existing utilities during construction of the signalization project. FISCAL IMPACT. Non -budgeted There is no fiscal impact to the City. ALTERNATIVES: Due to the FDOTs requirements, there is no feasible alternative at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 74 of 728 ATTACHMENTS: Type D Addendum D Addendum D Addendum D Addendum REVIEWERS: Department Utilities Finance Legal City Manager Description Resolution approving Subordination of Utility Easement Interest to FDOT Parcel 101-5 Subordination Parcel 101-5 Easement Parcel 102-5R Subordination Parcel 102-5R Easement Reviewer Action Groff, Colin Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 11/7/2016 - 12:18 IIIA 11/8/2016 - 8:04 AM 11/8/2016 - 2:15 IIIA 11/8/2016 - 5:15 IIIA Page 75 of 728 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION R16- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO SIGN A SUBORDINATION OF UTILITY EASEMENT INTERESTS FOR PARCELS 101-5 AND 102-5R FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) SIGNALIZATION PROJECT AT WINCHESTER PARK BOULEVARD AND BOYNTON BEACH BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, FDOT is installing a new traffic and pedestrian signalization poles at the intersection of Winchester Park Boulevard and Boynton Beach Boulevard; and WHEREAS, as part of FDOT's customary procedures, it is requesting that the City subordinate the utility easement interests to FDOT; and WHEREAS, the City will retain the easements; however, the easements will be considered to be in the FDOT right-of-way and a utility permit will be required if the City needs to perform future work within the easements; and WHEREAS, once the subordination is executed, FDOT will reimburse the City for any relocation of the utilities or other impacts that may arise due to FDOT's roadwork 22 in the future. 23 24 25 26 27 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to sign a Subordination of Easement Interests for CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\96B65139-5BF1-4E73-BC5A-ECA153F61D919\13oynton Beach.4428.1.Subordination_of_Easement_(Winchester_Park_Blvd)_=FDOT_Drainage_Easement_ =Reso.doc Page 76 of 728 30 Parcels 101-5 and 102-5R for the Florida Department of Transportation signalization 31 project at Winchester Park Boulevard and Boynton Beach Boulevard, a copy of the 32 Subordination is attached hereto as Exhibit "A". 33 Section 3. This Resolution will become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2016. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 63 (Corporate Seal) 64 65 66 67 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\96B65139-5BF1-4E73-BC5A-ECA153F61D919\13oynton Beach.4428.1.Subordination_of_Easement_(Winchester_Park_Blvd)_=FDOT_Drainage_Easement_ =Reso.doc Page 77 of 728 23-UTL.04-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (03-02-15) Document prepared by: Grace K. Abel (05-20-15) Department of Transportation Right of Way Production Services 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 101.5 Item/Segment No. 4371651 Section: 93640-2175 Managing District: 04 S.R. No. 804 County: Palm Beach SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this day of , 201 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, hereinafter called the CITY. W I T N E S S E T H: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows, viz: Parcel No. 101 Item/Segment No. 4371651 Section 93640-2175 A portion of Tract "D", BV S WHOLESALE CLUB, according to the plat thereof, as recorded in Plat Book 90, Page 54, of the Public Records of Palm Beach County, Florida, lying in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida; being more particularly described as follows: (Continued on the next page) Page 1 of 6 Page 78 of 728 BEGIN at the Northeast Corner of said Tract "D", also being a point on the Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard) as shown here on this Florida Department of Transportation Right of Way Parcel Sketch for Item/Segment No. 4371651, Section 93640-2175; thence South 02°27'14" East along the East line of said Tract "D", a distance of 16.50 feet; thence South 87°32'46" West, a distance of 25.03 feet; thence North 61°22'13" West, a distance of 31.96 feet to a point on the Southerly Existing Right of Way line of said State Road 804; thence North 87°32'46" East along said Southerly Existing Right of Way line, a distance of 52.40 feet to the POINT OF BEGINNING. Containing 639 square feet, more or less. (More particularly described in the sketch and legal description attached hereto as Exhibit "A") RECORDED INSTRUMENT DATE FROM TO O.R.B. & PAGE Easement 11/09/01 BJ'S Wholesale City Of 13159/ Club, Inc. Boynton Beach, 0921 a political subdivision of the State of Florida Joinder 07/17/02 Birchwood/Boynton, City Of 14652/ and LLC, a Florida Boynton Beach, 1271 Spreader limited liability a political Agreement company and subdivision of SouthTrust Bank, the State of an Alabama banking Florida corporation PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. Page 2 of 6 Page 79 of 728 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above. IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of witnesses OF TRANSPORTATION Print Name: Print Name: STATE OF FLORIDA COUNTY OF BROWARD By: Name: GERRY O'REILLY Title: District Secretary for District IV Attorney approved as to form: Name: DAWN RADUANO The foregoing instrument was acknowledged before me this day of , 201 , by GERRY O'REILLY, District Secretary for District IV, who is personally known to me or who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 3 of 6 Page 80 of 728 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor or Vice -Mayor of said Board, the day and year aforesaid. ATTEST: Print Name: _ Its City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF BOYNTON BEACH, a political subdivision of the State of Florida By: Print Name: Mayor or Vice -Mayor The foregoing instrument was acknowledged before me this day of , 201 , by , Its Mayor or Vice -Mayor, who is personally known to me or who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 4 of 6 Page 81 of 728 UTL.05-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (03-02-15) Document prepared by: Grace K. Abel (05-20-15) Department of Transportation Right of Way Production Services 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 101.5 Item/Segment No. 4371651 Section: 93640-2175 Managing District: 04 S.R. No. 804 County: Palm Beach R E S O L U T I O N ON MOTION of Commissioner seconded by Commissioner the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation purposes to construct or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4371651, Section: 93640-2175, in Palm Beach County, Florida; and WHEREAS, it is necessary that certain easement rights now owned by the City of Boynton Beach, Florida, be subordinated to the rights of the State of Florida Department of Transportation; and WHEREAS, said subordination is in the best interest of the City; and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Boynton Beach, Florida, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in the City of Boynton Beach, Florida, should be drawn and executed by this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33009. Page 5 of 6 Page 82 of 728 STATE OF FLORIDA CITY OF BOYNTON BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of the City of Boynton Beach, Florida, at a meeting held on the day of 201 Print Name: Clerk, Board of City Commissioners City of Boynton Beach, Florida Page 6 of 6 Page 83 of 728 1210612001 14.13.-4S 20010540457 cllof UUV ftion Dc-in.11 OR UIR 13159 PG 0921 M L' 14C.'T11 PAIM �'Pach County, Florida "0 Rox 310 ;Zmlnn Hradifl 31425 EASEMENT `JIMS It` DRmade, this May of i1 -DT , By BJ',S WHOLESALE CIAM, INC. a corporation existing under the laws of __M, ntr nF� and having its principal place of business at OAF M ERCER ROAD NATI CK, MA first part, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: (Wherever used hercinthe torms, "first party" and "second party- shall includo singe and plural, heirs, legal repre.scritatives and assigm of Mviduol% mid the succenors cad assigns of corporsfiom, whetaver the context so admits or requites) VAlereas, the first party is the owner of property situate in Palm reach County, Florida, and described as follows: PCN -08 43 45 30 01 078 0010 Legal Description; TbAt portion of Tract A Mla "huleanle club) -ecording to the Plat thereof aa roccrdtd in P101- nf,,Qk 90 yaqe4 sq and ss. of the Public Records of Palm Beach County Florida, its w4,rp pArt:Lcularly doicrilwd on Atcachment A her4ta. and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said Property, and, WHE REAS, the first party is willing to grant such an ca=mcnt, NOW, THEREFORE-, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant undo the party of the second part, its successors and assigns, full and free right and authority to construct, roftinta" repair. install and reinxild facilities for above stated purpoacs and does hereby grant a perpetual casement, on over rind across the above described property for said purp c sc 5. Page 84 of 728 BOON J3159 PAGE 0922 IN WIT'NESS WHEREOF, the fiM parry has tmised d= prosats to be duly arwcWbd in its name and its corporate seal to be hereto mixed, attesbd by its proper offizem tbmm to duly mffiodzed. the day and year fast above -rues. S4p4 sealed and dWmted In the presence of: �<-wtk iA jm.e rr, Q. ".l&4,,sw sladau Fo,y(.e 1�.1g1,J�roMS Pfim N. (CORPORATE SEAL) CO NONVEALsw OF MaSSAMMSEWS Couwff OF MIDDLESEX W • S WHOLESALE CLUB. INC. BY L.= / <\ ITS Vice President and Treaeurer BY Executive Vice President AT MST, !c. TO vl I EMMY C.ERTTY that on this day, before me, an offiar duly =&mi=d is the State and Comity aforesaid to taloa atdmo — Permomlly AA,) Tl S IKI ,tri raniL i-mwo well tmown to me to be the N . C.e— Pram do d and Ueg _ V.Y. respectively, of the Carparatioanamed as frac party in he foregoing F.av umat and teat trey severally admowlodr d moeaniag dw same in iha p1 a q p nee of two subs elft witassas freely and voluntuily, mader authority duty vested in than by said Corporaim sad that the seal affixed thereto is the true Cmponft sal of acid Corporation. WiINM my hand sad offleW seal is the Couaby and State last aforesaid this Gday of W4e^be A.D.. 2001 . Diotzry Public�%A State and Comety aforesaid. Mycaaamisaloa LAtiFlfE EA.EY fsDla womowmBparrs0itim"lams Page 85 of 728 SKETCH do DESCRIPTION FOR: 10' UTILITY EASEMENT A PORTION OF BJ' S WHOLESALE CLUB — CITY OF BOYNTON BEACH (P.6. 90, PAGES 54 do 55, P.B.C.R.) MW 13159 PAM 4923 LAND DESCRIPTION: A PORTION OF TRACTS A. B. C. & •D. BJ'S WHOLESALE CLUB. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 90, PAGES 54 AND 55 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 10 FOOT STRIP OF LAND FOR A UTILITY EASEMENT LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE SOUTHEAST CORNER OF TRACT "A" OF SAID PLAT, THENCE N00"58'32"E ALONG THE EAST UNE OF SAID PLAT A DISTANCE OF 59.13 FEET; THENCE N89'01'28"W, 5.00 FEET TO AN INTERSECTION WITH A LINE 5.00 FEET WEST OF AND PARALLEL NTH THE EAST LINE OF TRACT "A" OF SAID PLAT AND THE POINT OF BEGINNING OF SAID CENTERLINE AND A POINT HEREINAFTER REFFERED TO AS REFERENCE POINT "A"; THENCE NCO'58'32"E, 922.38 FEET TO AN INTERSECTION WITH A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID PLAT; THENCE S89 -39'11 "W ALONG SAID PARALLEL LINE. 322.84 FEET TO AN INTERSECTION WITH A LINE 5.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF TRACT "E" OF SAID PLAT; THENCE SOO'20'49"E ALONG SAID PARALLEL UNE A DISTANCE OF 18.50 FEET TO AN INTERSECTION WITH A LINE 5.00 FEET SOUTH OF AND PARALLEL NTH THE SOUTH LINE OF SAID TRACT "E". THENCE S89'39'11 "W ALONG SAID PARALLEL LINE A DISTANCE OF 279.56 FEET, THENCE N77'06'55"W ALONG SAID PARALLEL LINE A DISTANCE OF 49.78 FEET TO A POINT ON THE WEST LINE OF SAID PLAT AND THE POINT OF TERMINATION OF SAID CENTERLINE. TOGETHER WITH: A 10 FOOT STRIP OF LAND FOR A UTILITY EASEMENT LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGIN AT AFOREMENTIONED REFERENCE POINT "A"; THENCE N89'01'28"W. A DISTANCE OF 128.60 FEET MORE OR LESS TO THE EAST FACE OF AN EXISTING BUILDING AND THE POINT OF TERMINATION OF SAID CENTERLINE. TOGETHER WITH: THE SOUTH 20.00 FEET OF THE NORTH 63.00 FEET OF THE WEST 5.00 FEET OF THE EAST 15.00 FEET OF 8J'S WHLOESALE CLUB PLAT AS RECORDED IN PLAT BOOK 90 PAGES 54 AND 55 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SIDE LINES OF SAID 10 FOOT UTILITY EASEMENT ARE TO BE PROLONGED OR SHORTEN TO FORM A CONTINUOUS STRIP OF LAND AND TO TERMINATE IN THE BOUNDARY OF THE LAND OF THE GRANTOR. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM 'BEACH COUNTY, FLORIDA. NOT VALID Vn7HOU7 ACCOMPAWNG SHEETS AVW0I64 &A880CI^7VS, INC. JOB If 6877-5U SLRVV EY*40&Ll1AF4m0M DATE: 8/14/01 so Ww sty AvIIewiL went sty sooty RATOK Mmum sass: 1 3 a'�,,.� • TEL ries ses-ssos, PrAx am 306-7m ®2m wna+ a Asw''iOQAIE?. Wt Au X15 RESOvED. SKETCH do DESCRIPTION FOR: 10' UTILITY EASEMENT A PORTION OF Bx S WHOLESALE CLUB — CITY OF BOYNTON BEACH (P.B. 90. PAGES 54 do 55. P.B.C.R.) BOOK 13159 PAW 0924 NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO TITLE OPINION OR ABSTRACT TO THE SUBJECT PROPERTY HAS BEEN PROVIDED. IT IS POSSIBLE THAT THERE ARE DEEDS, EASEMENTS. OR OTHER INSTRUMENTS (RECORDED OR UNRECORDED) WHICH MAY AFFECT THE SUBJECT PROPERTY. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THE SURVEYOR. 3. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 4. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT WITH THE EAST UNE OF TRACT W HAVING A BEARING OF N00'58'32"E. 5. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENT(S) OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 6. ABBREVIATION LEGEND. P.B.C.R. = PALM BEACH COUNTY RECORDS; g = CENTERUNE; LB.= LICENSED BUSINESS; P.B. = PLAT BOOK; PG. = PAGE; P.L.S. = PROFESSIONAL LAND SURVEYOR; P.O.B. = POINT OF BEGINNING; P.O.C. = POINT OF COMMENCEMENT; P.O.T. = POINT OF TERMINATION. CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER ##Y DIRECTION ON 8/14/01. 1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE =UANT TO SECTION 472.027. FLORIDA STATUTES. CAVID ERIC BREAUX, Jr, ..S. FLORIDA REGISTRATION NO. 5957 AVIROM do ASSOCIATES. INC. LB. NO. '3300 NOT VALID WITHOUT ACCOMPANING SHEETS a AVIROM OA880CIATES. INC. JOB 0 6877-5U 8Lnr4Evvm&N1APPw Q DATE: 8/14/01 W &W. aro AVE NIM GLWM m •DOA RATOK FLCNM& sun 4•s..� rr TEL pass sa-:sem. VAX Esso 894-7MSHEET 2 OF 3 ®2001 AMNOM A ASSWMIM MLC ALL MMM RtWnM, N 77'0655' W 49.78' P.O.T. Q J 0 - ti O W LA 8 SKETCH do DESCRIPTION FOR: 10' UTILITY EASEMENT A PORTION OF BJ' S WHOLESALE CLUB - CITY OF BOYNTON BEACH (P.B. 90. PAGES 54 do 55. P.B.C.R.) BDs3)( 13159 PAGE 0925 Dorothy H. Milken, Clerk BOYNTON BEACH BOULEVARD S 893911" W (STATE ROAD 804) 279.5fi' S 0020'49` E . S 8939'11" W 8.50 1 322.84' —NORTH LIKE OF PLAT EAST LINE SOUTH LINE OF TRACT "E` OF TRACT 'E' TRACT "B" I TRACT 'C" I TRACT '0' TRACT "A' BJ' S WHOLESALE CLUB (P.S. 90, PAGES 54 do 55. P.S.C.R.) BUILDING EAST 15. 115 q 10- UTILITY 'EASEMENT SCALE: 1"=150' I- O W. J � � V W1.0.• J a nom. cj U U ID 2' E co /922. 38'8'3 �i 2 n =�a CL cd W m m -10' a 11 10• UTILITY � EASEMENT N 89'01'28" W 128.60• P.O.T. REa=�I POINT A N 0058032" E » 59.13' SOUTH LINE OF PLAT P.O.Bi P.O.C. SOUTHEAST SlTUMVEA i (Pua) N 89'01'28'W 5.00' CORNER TRACT "A" PUT (P.& 4S, PAGES 1-5, P.B.C.R.) I' PALM PLAT 4 i MMS COAtPAMY (PJL 5. PG. 73. P.B.C.10 ' AVIRON4 AA8800IATEB. INC. .108 # 6877-5U BLAIVEYNd&MAIRPN0 NOT VAUD WITHOUT ACCOMPANING SHEETS I DATE; 8/14/01 eo I.W. a AV04M «XM 1108 7121- Q s�osat-s�i. VAX � 804-7a MEET 3 OF 3 ��� • ®toot AVM t A'.ISOaAIM Nt ALL MM REZIM. Page 88 -of 728 01/10JP?W3 11:35:47 Z-0030017459 04 BX 1 &W FG 1271 P4114 Ptach COurtY. Florida Prepared by and Return ta; JW V, Kopdnm n, Esq. Navoa, Kopf man & Lavin, P.A. 26 9 Stirling Road, S ul t* Lt -100 Fort Lauderdale, FL 33312 WHEREAS, an casement was granted by Us Wholesale Club, Inc., a Delaware corporation ("W'S") in favor of City of Boynton Reach ("Grantee) and recorded in Official Records Book 13159, at Page 921, of the Public Records of Palm Beach County, Florida (the "Easement Agreement""); and WHEREAS. BJ'S is the fee simple owner of Tract A ("Tract A") of BJ's Wholesale Club, according to the Plat thereof as recorded in Plat Book 90, Page 54, of the Public Records of Palm Beach County, Florida (the "Plat"), and WHEREAS, Birchwood is the fee simple owner of Tracts B and C of the Plat ("Tracts B M; and WHEREAS, SouthTrust is the fee simple owner of Tract D of the Plat ("Tract "D"); respectively, and WHEREAS, as a result of the IcSAI descriptions of the casement property described in the Easement Agreement including portions of Tracts B & C and Tract D, Birchwood and SouthTrust should have been panics to the Easement Agreement for the purpose of granting the easements set forth therein; and NOW. THEREFORE, in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Birchwood and SouthTrust, the panics hereto agree as follows: 1. The foregoing recitations are true and correct and are incorporated herein by reference, 1 Birchwood and SouthTrust, respectively, as the owners orTracts B & C and Tract D, respectively, hereby (i)join in the Easement Agreement for the purpose of agreeing to the terms and provisions thereof and to ratify and confirm the Easement Agreement; and (ii) grant and spread the easements as set forth in the Easement Agreement over, through, under and across such portions of Tracts B & C and Tract D. respectively« that are included within the legal descriptions of the property over, through, under and across which the casements were intcndcd to be granted pursuant to the Easement Agreement and exhibits thereto, such that the easements created by the Easement Agreement arc complete, continuous and without gaps therein, just as though Birchwood and SouthTrust were originally parties to the Easement Agreement. 1nSr1WaeD"%o-?41"kR 4a—a"040'1 rvsccily gal noAt., 0-6 0 J,.TW 012M11 Page 89 of 728 23-UTL.04-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (04-06-16) Document prepared by: Grace K. Abel (04-11-16) Department of Transportation Right of Way Production Services 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 102.5R Item/Segment No. 4371651 Section: 93640-2175 Managing District: 04 S.R. No. 804 County: Palm Beach SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this day of , 201 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, hereinafter called the CITY. W I T N E S S E T H: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows, viz: Parcel No. 102 Item/Segment No. 4371651 Section 93640-2175 A portion of Tract "A", BJ'S WHOLESALE CLUB, according to the plat thereof, as recorded in Plat Book 90, Page 54, of the Public Records of Palm Beach County, Florida, lying in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida; being more particularly described as follows: (Continued on the next page) Page 1 of 7 Page 90 of 728 BEGIN at the Northeast Corner of said Tract "A", also being a point on the Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard) as shown here on this Florida Department of Transportation Right of Way Parcel Sketch for Item/Segment No. 4371651, Section 93640-2175; thence South 01°07'53" East along the East line of said Tract "A", a distance of 22.51 feet; thence South 87°32'46" West, a distance of 22.88 feet; thence North 02°27'14" West, a distance of 6.00 feet; thence South 87°32'46" West, a distance of 55.08 feet to a point on the West line of said Tract "A"; thence North 02°27'14" West along said West line, a distance of 16.50 feet to a point on the Southerly Existing Right of Way line of said State Road 804; thence North 87°32'46" East along said Southerly Existing Right of Way line, a distance of 78.48 feet to the POINT OF BEGINNING. Containing 1,429 square feet, more or less. (More particularly described in the sketch and legal description attached hereto as Exhibit "A") RECORDED INSTRUMENT DATE FROM TO O.R.B. & PAGE Easement 11/09/01 BJ'S Wholesale City Of 13159/ Club, Inc. Boynton Beach, 0921 a political subdivision of the State of Florida Joinder 07/17/02 Birchwood/Boynton, City Of 14652/ and LLC, a Florida Boynton Beach, 1271 Spreader limited liability a political Agreement company and subdivision of SouthTrust Bank, the State of an Alabama banking Florida corporation PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by Page 2 of 7 Page 91 of 728 the CITY or require the CITY to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above. IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Page 3 of 7 Page 92 of 728 Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in the presence of witnesses OF TRANSPORTATION Print Name: Print Name: STATE OF FLORIDA COUNTY OF BROWARD By: Name: GERRY O'REILLY Title: District for District IV Secret Attorney approved as to form: Name: DAWN RADUANO The foregoing instrument was acknowledged before me this day of , 201 , by GERRY O'REILLY, District Secretary for District IV, who is personally known to me or who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 4 of 7 Page 93 of 728 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor or Vice -Mayor of said Board, the day and year aforesaid. ATTEST: Print Name: _ Its City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF BOYNTON BEACH, a political subdivision of the State of Florida By: Print Name: Mayor or Vice -Mayor The foregoing instrument was acknowledged before me this day of , 201 , by , Its Mayor or Vice -Mayor, who is personally known to me or who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 5 of 7 Page 94 of 728 UTL.05-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Louis Cefolia, P.S.M. (04-06-16) Document prepared by: Grace K. Abel (04-11-16) Department of Transportation Right of Way Production Services 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 102.5R Item/Segment No. 4371651 Section: 93640-2175 Managing District: 04 S.R. No. 804 County: Palm Beach R E S O L U T I O N ON MOTION of Commissioner seconded by Commissioner the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation purposes to construct or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4371651, Section: 93640-2175, in Palm Beach County, Florida; and WHEREAS, it is necessary that certain easement rights now owned by the City of Boynton Beach, Florida, be subordinated to the rights of the State of Florida Department of Transportation; and WHEREAS, said subordination is in the best interest of the City; and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Boynton Beach, Florida, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in the City of Boynton Beach, Florida, should be drawn and executed by this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33009. Page 6 of 7 Page 95 of 728 STATE OF FLORIDA CITY OF BOYNTON BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of the City of Boynton Beach, Florida, at a meeting held on the day of 201 Print Name: Clerk, Board of City Commissioners City of Boynton Beach, Florida Page 7 of 7 Page 96 of 728 EASEINIE917 `171-11S MENTURE made this W -Cy of A -D,, l3y__.EL-S WHOLESALE CLUB ING. a corporation existing under the laws of and having its principal place of business a, ONE MFX,'FR ROAD NATICK, MA first part to the City of Boynton Beach- a political subdivision of the State of Florida, Becond. party: (Wherever used herein, Ole terms, "first party" and "s and parV'ahall iincludo singular and plural, heirs, legal representatives and assigns of individuaLs and the successors and oL"ign3 of corpomfions, Wherever the context 90 admits or requires) WHE�� Whereas, the first, party is the owner of property situalc in Pulmo Brach County, Florida, and described as follows: PCN 08 43 45 30 01 022 0030 Legal Description: That portion of Tract A IBLJ'a "hol,malp club) according to the Plat thereof aO recorded in Plot nook 9C Vagro 54 and 55, vt the Public Records of Palm Beach County Florida, as wrr particularly described an Att-.Chffent A hereto. and, WBEREAS, the second party desires an casement for water and XWCr Utilities and/or other appropriate purposes incidental thereto, on, over and across said propaly, M Ij WHEREAS, the fast party is willing to grant such an casement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other runrung and one dollar and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its succcssars and assillus, full and free right and authority to construM unaintairt, Mutir, install and rebuild facilities for above stated purpor,= and does hereby grant a perpetual cascnrtnl, on over and across the above described property for said purposes. Page 97 of 728 14:13:45 2WI0540457 Ciz% of i3u; nom OR 09 13159 PG 092t I DO 1, 110, Till"" B�h 131, d PAlm DeACII County, Florida V 0 BOX 310 ho'nion BrIchYl 3."425 EASEINIE917 `171-11S MENTURE made this W -Cy of A -D,, l3y__.EL-S WHOLESALE CLUB ING. a corporation existing under the laws of and having its principal place of business a, ONE MFX,'FR ROAD NATICK, MA first part to the City of Boynton Beach- a political subdivision of the State of Florida, Becond. party: (Wherever used herein, Ole terms, "first party" and "s and parV'ahall iincludo singular and plural, heirs, legal representatives and assigns of individuaLs and the successors and oL"ign3 of corpomfions, Wherever the context 90 admits or requires) WHE�� Whereas, the first, party is the owner of property situalc in Pulmo Brach County, Florida, and described as follows: PCN 08 43 45 30 01 022 0030 Legal Description: That portion of Tract A IBLJ'a "hol,malp club) according to the Plat thereof aO recorded in Plot nook 9C Vagro 54 and 55, vt the Public Records of Palm Beach County Florida, as wrr particularly described an Att-.Chffent A hereto. and, WBEREAS, the second party desires an casement for water and XWCr Utilities and/or other appropriate purposes incidental thereto, on, over and across said propaly, M Ij WHEREAS, the fast party is willing to grant such an casement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other runrung and one dollar and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its succcssars and assillus, full and free right and authority to construM unaintairt, Mutir, install and rebuild facilities for above stated purpor,= and does hereby grant a perpetual cascnrtnl, on over and across the above described property for said purposes. Page 97 of 728 BOOK 13159 PAGE 0922 IN WPI NM WHEREOF, the fust party bas emed these prawn to be duly executed in ib nemc ad its mpolatc Seal to be haft affixed, attested by its propel officerS thereunto duly authorized. the day and year Gist above written. Signed, sealed and delivered W I s WHOLESALE CLUB, .INC. In tlue presence of: jam. BY C^ ' 4 at ITs vice President and Treasurer pntwuw F'a ,I --h A . W, llre+as Print N� (CORPORATE SEAL) CONNOWsaLge STA:m OF HAMCtiMMS COUNTY OF NIDDLfiSEX BY -�"J Executive Vice President ATTEST• G. TO°K I HEREBY CERTIFY that on this day, before nee, an aff car duly authorized in the Slsto and County afanesaid to take gtimawled Pg3manyappeaw Aci,rr 'f, art well Imam tome to be the; L� hadda t and respectively, of the Caapmii- n named as first party in the foregoing Easement and that they Severally acknowledged executing tiro Same in tbo presence of two stAm u'bing witsmsm fiedy Sad vol mAWly, under autho ft My vested in them by said Corpotatim and that the Sed affixed thereto is the true Colpamle sal of avid Capotatim WnMW my head and official Seal is the Country gad State Ia A aforesaid this G'�` day of Al��tefi. b e r A.D., 2001 . *logy Pubic in Sad fo: the State Sad County aforesaid. My LAME ittt=W06 Page 98 of 728 SKETCH do DESCRIPTION FOR: 10' UTILITY EASEMENT A PORTION OF BJ' S WHOLESALE CLUB — CITY OF BOYNTON BEACH (P.O. 90, PAGES 54 & 55, P.B.C.R.) BOOK 13159 PAM 4923 LAND DESCRIPTION: A PORTION OF TRACTS A. B. C. & D. BJ'S WHOLESALE CLUB, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 90. PAGES 54 AND 55 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 10 FOOT STRIP OF LAND FOR A UTILITY EASEMENT LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE SOUTHEAST CORNER OF TRACT "A" OF SAID PLAT: THENCE N00'58'32"E ALONG THE EAST LINE OF SAID PLAT A DISTANCE OF 59.13 FEET; THENCE N89'01'28"W, 5.00 FEET TO AN INTERSECTION WITH A LINE 5.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF TRACT "A" OF SAID PLAT AND THE POINT OF BEGINNING OF SAID CENTERLINE AND A POINT HEREINAFTER REFFERED TO AS REFERENCE POINT "A"; THENCE N00'58'32"E, 922.38 FEET TO AN INTERSECTION WITH A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID PLAT. THENCE S89 39'11 "W ALONG SAID PARALLEL LINE. 322.84 FEET TO AN INTERSECTION WITH A LINE 5.00 FEET EAST OF AND PARALLEL WITH THE EAST UNE OF TRACT "E" OF SAID PLAT; THENCE SOO'20'49"E ALONG SAID PARALLEL UNE A DISTANCE OF 18.50 FEET TO AN INTERSECTION WITH A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID TRACT "E"; THENCE S89'39'11 "W ALONG SAID PARALLEL LINE A DISTANCE OF 279.56 FEET; THENCE N77'06'55"W ALONG SAID PARALLEL LINE A DISTANCE OF 49.78 FEET TO A POINT ON THE WEST LINE OF SAID PLAT AND THE POINT OF TERMINATION OF SAID CENTERLINE. TOGETHER WITH: A 10 FOOT STRIP OF LAND FOR A UTILITY EASEMENT LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGIN AT AFOREMENTIONED REFERENCE POINT "A"; THENCE N89'01'28"W. A DISTANCE OF 128.60 FEET MORE OR LESS TO THE EAST FACE OF AN EXISTING BUILDING AND THE POINT OF TERMINATION OF SAID CENTERLINE. TOGETHER WITH: THE SOUTH 20.00 FEET OF THE NORTH 63.00 FEET OF THE WEST 5.00 FEET OF THE EAST 15.00 FEET OF BJ'S WHLOESALE CLUB PLAT AS RECORDED IN PLAT BOOK 90 PAGES 54 AND 55 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SIDE LINES OF SAID 10 FOOT UTILITY EASEMENT ARE TO BE PROLONGED OR SHORTEN TO FORM A CONTINUOUS STRIP OF LAND AND TO TERMINATE IN THE BOUNDARY OF THE LAND OF THE GRANTOR. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALMA 'BEACH COUNTY, FLORIDA. AVIROM &A88OCIA'TIES. INC. 8tMVEYN43& MAPPlNO 8o IILW. am AYomm 8txT410>I: ISaaA RATOK a oAOA 28482 .� ♦ Ti. a" sao-mss, iAx 98" 39r7US 02M AVOM s M=7M arc. #U MGM moo. Jog # 6877-5U DATE; 8/14/01 SHEET-1—OF-2— SKETCH do DESCRIPTION FOR: 10' UTILITY EASEMENT A PORTION OF BX S WHOLESALE CLUB — CITY OF BOYNTON BEACH (P.B. 90. PAGES 54 do 55. P.B.C.R.) BOOM 13159 ISE 0924 NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2 NO 717LE OPINION OR ABSTRACT TO THE SURECT PROPERTY HAS BEEN PROVIDED. IT IS POSSIBLE THAT THERE ARE DEEDS. EASEMENTS. OR OTHER INSTRUMENTS (RECORDED OR UNRECORDED) WHIM MAY AFFECT THE SUBJECT PROPERTY. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THE SURVEYOR. 3. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 4. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT WITH THE EAST UNE OF TRACT `A" HAVING A BEARING OF N00`58`32"E. 5. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENT(S) OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 6. ABBREVIATION LEGEND: P.B.C.R. = PALM BEACH COUNTY RECORDS; CL = CENTERLINE; LB.= LICENSED BUSINESS; P.B. = PLAT BOOK; PG. = PAGE; P.L.S. = PROFESSIONAL LAND SURVEYOR; P.O.B. - POINT OF BEGINNING; P.O.C. = POINT OF COMMENCEMENT; P.O.T. = POINT OF TERMINATION. CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER -MY D:REg7ION ON 8/14/01. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODE, URSUANT TO SECTION 472.027. FLORIDA STATUTES. CAVID ERIC BREAUX, Jr. . .S. FLORIDA REGISTRATION NO. 5957 AVIROM do ASSOCIATES. INC. L.B. NO. '3300 ' AVIFU M acASSOMATES. INC. JOB # 6877-5U 6tff VEVNOa &q^PF NO DATE: 8/14/01 = aw ago AVOM One WU 11100A RAT014 FLOPMA 32M or,�,w ♦ �. uss sae-sew.'wx naso aos-rna SHEET 2 OF 3 Q)=M Avsw ! ASSOMIM sem Au MGM REsWAM SKETCH & DESCRIP11ON FOR: 10' UTILITY EASEMENT A PORTION OF BJ' S WHOLESALE CLUB — CITY OF BOYNTON BEACH (P.B. 90. PAGES 54 do 55. P.B.C.R.) BOOK 13159 ME 0925 Dorothy H. Wilken, Clerk BOYNTON BEACH BOULEVARD N 77'06'55' W S 89'39'11" W (STATE ROAD 804) 49.78' 279.56' S 00'20'49" E S 89'39'11" W 1 H.50' 322.$4' NORTH LINE OF PLAT N. 7RALlr P.O.T. EAST LINE SOUTH LINE OF TRACT "E" OF TRACT `E' EwSi� 10' UTILITY ' IS EASEMENT TRACT 'B" TRACT 'C" TRACT 'D' SCALE: 1 "=150' r>` U m n: D �a vi W� w ZZ c� Oz a 0 CL 1* m a . v Q CL O W 2 J LA TRACT "A' BJ' S WHOLESALE CLUB (P.S. 90, PAGES 54 do 55. P.B.C.R.) BUILDING P.O.T. L, 0 W: 4 Dw in V Vi Q W 10' 1'0' UTILITY EASEMENT } cl U V m 32" E =tea aa� m m a v 4c a - N 89101'28' W 128.60' REFERF14gE POINT A N 00058'32" E 59.13' SOUTH LINE OF PLATS PAW I\_ P.O.C. SOUTHEAST PUT�i � al N 89'01'28' W 5.00'CORNER TRACT "A" EACH FARMS (P.B. 4s. PAGES 1-5, P.B.C.R.) PALM PLAT %Q 6 COMPANY (PiL s. PG 73. PJLC.R.) ` AWROM&AOSOCIATEa wM .108 f 6677-5U go ftw. m AvI am sur IO HOT VALID V ITHOUT ACCOMPANiNG SHEETS DATE: 8/14/01 eo sw.:� wvaastal. sunt& +att ODOA 11ATOK FLORA sfsstt �Jie, ♦ SHEET OF � sues saps, t<wx tees sos->�s 3 dDnW AWAM & AW00AIM RIG ALL RWI RESUM. Page 101 of 728! 181111111111111111112 0 1 / 10/2003 1]:35:47 20030017459 OR BH 14&5k ;-3 1271 Pala Peach Goupty, Florida Prepared by and Return ow Joe) 1), Kope Imu n, Esta. Navon, Kopelinap & Lavin, P.A. 2699 Stirling Road, Suite D-ioo Fort Liaiderdale, FL 33312 lMr JOINDER AND SPREADER AGUENIENT T c(And Spreader Agreement ("Agreement") is made as of the (lay of 2002, by B 4 OMBOYNT&N, LLC, a Florida limited liability company ("Birc�4, w add hose addre 001 N.W. 02' Street, Suite 320, Fort Lauderdale, Florida 33309 and -potation ("SouthTrust") whose address is 500 6,--) SOUTH'rNlRUS XNK,411 Alabarna banking cot Office Park �riv'c 5,u1,b'S00, Birmingham, Alabama 35223. WHEREASserricint was granted by BBS Wholesale Club, Inc., a Delaware corporation City ('V'S") in favor of Cil oynton Beach ("Grantee") and recorded in Official Records Book 13159, at Page 921 h ublic Records of Palm Beach County, Florida (the "Easement Agreement"); and WHEREAS, BYS is imple owner of Tract A ("Tract A") of BJ's Wholesale Club, thereof a mord according to the Plat th!z ed in Plat Book 90, Page 54, of the Public Records of Palm Beach County, Florida (the "Plat"�,20�') WHEREAS, Birchwood iskafe 'fripleowner ofTractsB and C of the Plat ("Tracts B & C"); and WHEREAS, SoulliTrust is the fr - le owner of Tract D of the Plat ("Tract "D"); respectively, and , a result of the legal dc �, s f the casement property described in the s � 0 WHEREAS, a Easement Agr"inent including portions ofTra 1 d Tract D, Birchwood and SouthTrust should have been parties to the Easement Agreeerra it ac he purpose of granting the easements set forth therein; and K WHEREAS, Birchwood and SouthTrust desire I li�� he Easement Agreement for the Purpose Of (i) agreeing to the terms and provisions the desired' (ii) granting and spreading [lie easements as set forth in the Easement Agreement to those portw'nS ol-Tracts B and C and Tract D, TCSPCCliVely, that are included within the legal descriptions ofperty over, through, under and across which the caseme* nt& were to be granted as provided in Mcnt Agreement. VJ.:; NOW, THEREFORE, in consideration of one dollar ($1 r good and valuable consideration, the receipt and sufficiency Of Which is hereby tt L ed by Birchwood and SouthTrust, the Parties hereto agree as follows.- 1. 'I'lic foregoing recitations are true and correct and are incorporated herai by reference. 1 Birchivoodand SouthTrust, respectively, as tile Owners of Tracts B & C and Tract D, respectively, hereby(i)join in the Easement Agreement for the purpose ofagrecingto the terms and provisions thereofand to ratify and confirm, the Easement Agreement; and (ii) grant and spread the easements as set forth in the Easement Agreement over, through, under and across such portions of Tracts & Cand Tract D, respectively, that are included wiihin the legal descriptions of the property over, throuo!i, under and across which the easements were intended to be granted pursuant to the Easement Agreement and exhibits thereto, such that the easements created by the Easement Agreement are complete, continuous and without gaps therein, just as though Birchwood and SouthTrust were originally parties to the Easement Agycernent, Page 102 of 728 BOOL 14652 PAGE 1272 IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the day and year first above written. STATE OF F l.0 v ss: COUNTY OF At-" bu+A tm The fore mg instrument vg 2002, by as authoni limited liability company, on behalf me or has produced sTAWAMwuafn srrsocusu eaa.2lwwn VeO..At► My Commission Expires: BIRCHW O N, L a Florida limited R14 rlity com By- Name: y Name: S. Mar a i� Title: Authorized Signatory Ir Name: 6i -e Csrins ly }a5 Title: Authorized Signatory cl 1:.i owledged before me this 11 dayof �� 1 signatory of BIRCHWOODBOYNTON, UC, alljorida of ted liability company. He is personally !mown to as identification. STATE OF - ft.aPbA ss: �( v COUNTY OF �Rw'1 t3RAt41 ) The foregoing instrument was acknowledged before me 2002. by �i��t► �in�el�b as authorized signs LLC a Florida limited liability company, o behalf of sai e a y own to or has produced My Commission Expires: uT colwrsslorl s cc nraoe e. a��mol�il•r�ur�r: Notary Public typed or printed 0 day of BIRCHWOOD/B YNTON, liability company. He is as identification. Name of Notary typed or printed �w�r:�l%��oobSooQ�TnncCtry orBoyemo HacA.0l.wpd 012100.1 Page 103 of 728 BOOK t4652 PAGE 1273 Signed, sealed and delivered SOUTHTRUSTBANK, an Alabama banking me presence or. corporation SOUTHTRUST BANK By: Printa c - Name: ASE & sp.�—moi i,;'Title: OZZr-- 9G:S� STATE / ) Ss: COUNTY ) The foinstrument was acknowledged before me this "day of 0 2002,b�ie as /TofSouthTrustB , existing utate o Alabama, on behalfofSoujhTrust Bank. H ei reayown asMenti%. My Commission or tivw�Tlm�vaa0awene,.Aspvumwoosso,rhTro,.ciry otso� acxh o�..ya 3 - omao.i Page 104 of 728 BOW 146M PFIGE 1274 Dorothy N, Milken, Clerk JOINDER • The undersigned, as the Tenant under that certain Ground Lease and Option to Purchase, as amended, dated May 1, 2001 and identified in that certain Memorandum of Ground Lease with respect to Tract B of Plat recorded in Official Records Book 13136, Page 1742, of the Public Records of Palm Beach County, Florida hereby joins in the foregoing Joinder and Spreader Agreement, and consent to all of the terms and provisions thereof. WHEREOF, the undersigned have hereunto set their hands and seals as of the V4"V-&'- .2002. Signed, sea a 'vered FLORIDA APPLE 5, L.L.C. in the presen a Florida limited liability company O By Print Name: S Name: Gregory G s Title: Managing Member Print Name: Gtr �N �o STATE OF r-�.o 1D ) ss: COUNTY O The foregoing instrument was acknq by Gregory Georgas, as Managing M i company, on behalf of the limited liabilt as ide My Commission Expires: iedbeforemethis(- dayofAV�—L ST -A2002, Florida Apple 5,L.L.C, a Florida limited liability inHe is personally known to me or has produced ,v v +plBucnroaasauteTnw.Ciry ofagctm BC=L01-pd 0121al Page 105 of 728 I CONSENTAGENDA 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-154 - Amend the FY2015-2016 Budget to adjust budgeted appropriations and revenue sources to provide spending authority for Operating and Capital Improvement Projects as needed to cover expenditures and budget transfers between departments for FY 2015-2016. EXPLANATION OF REQUEST: The FY 15/16 Budget was adopted in September of 2015, as a result of normal day to day operations of the City there is a need to adjust various funds, departments and line items within the adopted budget to reflect actual expenditures for FY 15/16. This request is considered a normal event in the annual budget process. Budget adjustments between departments or that will increase a Fund's total appropriations require City Commission approval. The General Fund budget and budgets for other funds have been modified to accommodate for unforeseen events or additional funding needs. Staff is requesting approval of these budget adjustments made during FY2015-16. Accordingly during FY2015-16 necessary budget modifications have been made in various Funds between department/divisions. Thus adopted appropriations for some department line items have been presented on Exhibits A, B, and C. Staff is requesting approval for the budget adjustments made in FY2015-16. • The General Fund (001) has various line items that need adjusted, but overall the General Fund appropriations will remain at $76,518,564; • The Community Improvement Fund (122) will be amended from $279,207 to $289,207 to adjust appropriations for operational expenses; • The Public Arts Fund (151) will be amended from $164,395 to $169,395 to provide appropriations for operational expenses; • The Traffic Safety Fund (103) will be amended from $822,515 to $892,515 to provide appropriations for operational expenses; • The General Capital Fund (302) has various line items that need adjusted, but overall the General Capital Fund appropriations will remain at $2,656,608; • The Water & Sewer Utility Fund (401) has various line items that need adjusted, but overall the Water & Sewer Utility Funds appropriations will remain at $42,217,908; and • The Boynton Beach Memorial Park Fund will be amended from $328,319 to $368,319 to adjust appropriations for operational expenses. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City would continue to follow good and appropriate budgeting practices. FISCAL IMPACT: See Exhibits A -C for a summary of the fiscal impact. ALTERNATIVES: Not approve budget amendment which could cause insufficient approved budget for FY Page 106 of 728 15/16. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Action Type D Resolution D Addendum D Addendum D Addendum REVIEWERS: Department Finance Finance Legal City Manager Description Nov 15, 2016 Resolution General Fund - Amendment Detail Non General Fund - Amendment Detail Capital Funds - Amendment Detail Reviewer Action Date Howard, Tim Approved 11/9/2016 - 6:04 PPA Howard, Tim Approved 11/9/2016 - 6:05 PPA Swanson, Lynn Approved 11/10/2016 - 8:25 AKA LaVerriere, Lori Approved 11/10/2016 - 9:55 AKA Page 107 of 728 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 RESOLUTION R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR VARIOUS FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30,2016; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a final budget was approved by the City Commission on September 15, 2015, for the fiscal year 2015-2016; and WHEREAS, the City Manager is recommending amend the amount necessary to be appropriated for fiscal year 2015-2016 for various funds (see Exhibit B and Exhibit Q. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the Boynton Beach, Florida, hereby amending the appropriated FY 2015-2016 budget for the Traffic Safety Fund from $822,515 to $892,515; Community Improvement Fund from $279,207 to $289,207; the Public Arts Fund from $164,395 to $169,395; and the Boynton Beach Memorial Park Fund from $328,319 to $368,319. A copy of such amendment and/or adjustment is attached hereto as Exhibit "B" and Exhibit "C" and the appropriations set out therein for the fiscal year beginning October 1, 2015 and ending September 30, 2016, to maintain and carry on the government of the City of Boynton Beach. Section 3. That there is hereby appropriated revised amounts to various funds (see Exhibit B and Exhibit C) pursuant to the terms of the budget. Page 108 of 728 29 Section 4. If any clause, section or other part of this Resolution shall be held by 30 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 31 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 32 remaining portions of this Resolution. 33 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 34 repealed to the extent of such conflict. 35 Section 6. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of November, 2016. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ATTEST: 54 55 56 57 Judith A. Pyle, CMC 58 City Clerk 59 60 61 62 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina Romelus Commissioner — Joe Casello VOTE YES NO Page 109 of 728 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2015-16 GENERAL FUND DEPARTMENTS 001-1210-512.12-10 REGULAR SALARIES/WAGES 001-1211-512.49-17 OTHER CONTRACTUAL SRVS 001-1910-514.12-10 REGULAR SALARIES/WAGES 001-1910-514.31-11 LITIGATION FEES & COSTS 001-1910-514.31-15 LEGAL -LAND ACQ/TITLE 001-1910-514.31-12 LEGAL -LABOR CONTINGENCY 001-1211-512.49-17 OTHER CONTRACTUAL SRVS 001-2110-521.12-10 REGULAR SALARIES/WAGES 001-2110-521.12-20 HOLIDAY PAY 001-2110-521.14-10 OVERTIME 001-1211-512.99-01 CONTINGENCY 001-2111-521.12-10 REGULAR SALARIES/WAGES 001-2112-521.12-10 REGULAR SALARIES/WAGES 001-2112-521.14-10 OVERTIME 001-2111-521.12-10 REGULAR SALARIES/WAGES 001-2111-521.23-30 HEALTH INSURANCE 001-2210-522.12-10 REGULAR SALARIES/WAGES 001-2730-572.12-10 REGULAR SALARIES/WAGES 001-2730-572.46-98 GROUNDS MAINTENANCE 001-2111-521.12-10 REGULAR SALARIES/WAGES 001-2111-521.14-10 OVERTIME 001-2730-572.49-17 OTHER CONTRACTUAL SRVS 001-1510-513.12-10 REGULAR SALARIES/WAGES 001-1510-513.41-10 TELEPHONE SERVICES 001-1610-513.12-10 REGULAR SALARIES/WAGES 001-2413-524.12-10 REGULAR SALARIES/WAGES 001-2511-519.12-10 REGULAR SALARIES/WAGES 001-2414-515.12-10 REGULAR SALARIES/WAGES 001-2419-559.49-68 COMMERCIAL GRANT PROGRP 001-2510-539.12-10 REGULAR SALARIES/WAGES 001-2512-541.43-11 STREET LIGHTING 001-2511-519.12-10 REGULAR SALARIES/WAGES 001-2610-571.12-10 REGULAR SALARIES/WAGES 001-2610-571.23-30 HEALTH INSURANCE 001-2710-572.12-10 REGULAR SALARIES/WAGES 001-2710-572.19-99 NEW PERSONNEL/RECLASS 001-2710-572.23-30 HEALTH INSURANCE 001-2730-572.46-45 IRRIGATION MAINT/SUPPLIES 2015/16 CURRENT BUDGET 342,087 343,420 72,621 145,000 57,500 81,894 253,420 5,812,218 216,834 300,000 750,000 3,767,464 4,180, 670 350,000 2,467,464 633,842 11,153,856 630,683 1,000,000 2,417,464 300,000 325,087 752,557 312,100 359,495 378,330 477,907 461,416 54,000 147,668 605,000 436,907 1,220,234 211,027 1,646,166 25,335 257,414 40,000 Adopted Fund Appropriations 76,518,564 Exhibit A CITY MANAGER 2015/16 Approved Budget Adjustment AMENDED Revenue Expenditures BUDGET 90,000 432,087 (90,000) 253,420 12,000 84,621 36,000 181,000 27,000 84,500 (30,000) 51,894 (45,000) 208,420 1,500,000 7,312,218 303,000 519,834 247,000 547,000 (750,000) - (1,300,000) 2,467,464 300,000 4,480,670 100,000 450,000 (50,000) 2,417,464 (350,000) 283,842 840,000 11,993,856 (55,000) 575,683 (35,000) 965,000 (100,000) 2,317,464 (250,000) 50,000 (250,000) 75,087 (75,000) 677,557 (40,000) 272,100 (35,000) 324,495 41,000 419,330 (41,000) 436,907 20,000 481,416 (20,000) 34,000 14,000 161,668 15,000 620,000 (29,000) 407,907 30,000 1,250,234 (30,000) 181,027 90,000 1,736,166 (25,335) - (49,000) 208,414 (15,665) 24,335 76, 518, 564 Page 110 of 728 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2015-16 2015/16 CITY MANAGER ADOPTED Budget Adjustment Traffic Safety Fund BUDGET Revenue Expenditures 103-0000-354-05.00 VIOLATIONS LOCAL ORD. 813,515 70,000 Adopted Fund Total Revenues 822,515 70,000 103-2110-521.31-11 LEGAL FEES & COSTS 25,000 70,0( Adopted Fund Total Expenses 822,515 70,01 Community Improvement Fund 122-0000-389.91-00 FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 122-2418-554.12-10 REGULAR SALARIES/WAGES Adopted Fund Total Expenses Public Arts Fund 151-0000-329.05-00 PUBLIC ARTS FEE 30% Adopted Fund Total Revenues 151-2611-579.12-10 REGULAR SALARIES/WAGES Adopted Fund Total Expenses UTILITY OPERATING FUND (as of 09/30/161 89,665 10,000 Exhibit B 2015/16 AMENDED BUDGET 883,515 892,515 95,000 892,515 99,665 279,207 10,000 289,207 158,294 10,000 168,294 279,207 10,000 289,207 19,860 164,395 67,503 164,395 4 - olv-mow. - ADMINISTRATIVE SERVICES 1,637,954 401-2811-536. - PUBLIC WATER TREATMENT 5,693,371 401-2815-536.91-30 - WASTEWATER COLLECTION 1,710,597 401-2816-536. - WASTEWATER PUMPING 2,577,842 401-2821-536. - UTILITY ADMINISTRATION 14,567,294 401-2823-536. - UTILITY ENGINEERING 1,130,746 Adopted Fund Appropriations 42,217,908 5,000 24,860 5,000 169,395 5,000 72,503 5,000 169,395 20,000 1,150,746 - 42,217,908 Page 111 of 728 21,800 1,659,754 (1,800) 5,691,571 10,000 1,720,597 45,000 2,622,842 (95,000) 14,472,294 20,000 1,150,746 - 42,217,908 Page 111 of 728 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2015-16 CAPITAL FUNDS General Gov't - CIP (as of 09/30/16) 302-4101-580.49-17 OTHER CONTRACTUAL SRVS 302-4101-580.62-01 BUILDING IMPROVEMENTS 302-4101-580.64-15 COMPUTER EQUIPMENT 302-4101-580.64-18 AIR CONDITIONERS 302-4103-580.63-15 GROUNDS IMPROVEMENTS 302-4107-573.63-15 GROUNDS IMPROVEMENTS 302-4108-580.49-17 OTHER CONTRACTUAL SRVS 302-4116-580.63-09 DRAINAGE IMPROVEMENTS 302-4126-522.64-07 FIRE SPECIAL OPS EQUIP 302-4127-522.64-18 AIR CONDITIONERS 302-4209-572.62-01 BUILDING IMPROVEMENTS 302-4209-572.63-05 PARKS IMPROVEMENTS 302-4210-572.63-05 PARKS IMPROVEMENTS 302-4210-572.64-04 PLAYGROUND EQUIPMENT 302-4212-580.49-17 OTHER CONTRACTUAL SRVS 302-4222-572.63-05 PARKS IMPROVEMENTS 302-4223-572.62-01 BUILDING IMPROVEMENTS 302-4223-572.63-05 PARKS IMPROVEMENTS 302-4226-572.63-05 PARKS IMPROVEMENTS 302-4231-572.64-02 GENERAL EQUIPMENT 302-4232-572.62-03 AMERICAN DISABILITIES ACT 302-4232-572.63-05 PARKS IMPROVEMENTS 302-4235-572.62-01 BUILDING IMPROVEMENTS 302-4298-572.63-05 PARKS IMPROVEMENTS 302-4299-572.64-02 GENERAL EQUIPMENT 302-4904-541.63-24 SIDEWALKS 302-4905-541.63-23 RR CROSSING UPGRADES 302-4905-580.63-08 STREET IMPROVEMENTS 302-4906-541.63-22 BRIDGE IMPROVEMENTS 2015/16 ADOPTED BUDGET Exhibit C CITY MANAGER 2015/16 Budget Adjustment AMENDED Revenue Expenditures BUDGET - 18,000 18,000 111,195 (18,000) 93,195 21,008 38,500 59,508 40,000 194,000 234,000 64,000 (10,000) 54,000 25,000 (25,000) - 2,495 44,000 46,495 50,000 (50,000) - 90,000 (34,000) 56,000 - 40,000 40,000 107,000 (15,000) 92,000 21,000 5,000 26,000 0 68,000 68,000 68,000 (68,000) - 10,000 2,000 12,000 40,000 (28,000) 12,000 310,000 (201,500) 108,500 13,000 170,000 183,000 18,000 6,500 24,500 6,000 (5,000) 1,000 17,000 3,000 20,000 6,000 (3,000) 3,000 70,000 (44,000) 26,000 10,000 (2,000) 8,000 5,000 5,000 10,000 150,908 (110,000) 40,908 50,000 60,000 110,000 100,000 50,000 150,000 110,000 (90,500) 19,500 Adopted Fund Total Expenses 2,656,608 - 2,656,608 Page 1 of 2 Page 112 of 728 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2015-16 Exhibit C Page 2 of 2 Page 113 of 728 2015/16 CITY MANAGER 2015/16 ADOPTED Budget Adjustment AMENDED CAPITAL FUNDS BUDGET Revenue Expenditures BUDGET Boynton Beach Memorial Park Fund 631-0000-361.01-00 INTEREST INCOME 10,000 9,000 19,000 631-0000-369.10-00 MISCELLANEOUS INCOME 5,000 3,000 8,000 631-0000-389.91-00 FUND BALANCE APPROPRIATED 173,319 28,000 201,319 Adopted Fund Total Revenues 288,319 40,000 328,319 631-3110-539.12-10 REGULAR SALARIES/WAGES 115,520 40,000 155,520 288,319 40,000 328,319 Page 2 of 2 Page 113 of 728 6.E. CONSENTAGENDA 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Declare thirty five (35) Vehicles/Equipment as surplus and approve the sale of these items via the auction process. EXPLANATION OF REQUEST. Disposal and/or sale of high value assets requires approval by the City Commission. As such, the Public Works Fleet Administrator is submitting thirty five (35) items to be disposed at auction utilizing the City of Boynton Beach contracted vendor JJ Kane. The proceeds will generate revenue for the Fleet Maintenance Fund. Fleet Maintenance has verified that the vehicles are no longer of use and has completed all proper documentation for disposal. Public Works/Fleet Maintenance requests Commission's review, evaluation and approval to sell the surplus vehicles/equipment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The disposal of obsolete, damaged and surplus vehicles/equipment will remove the need to store the items, and allow the Finance Department to remove the items from the City's fixed asset records. FISCAL IMPACT. Budgeted The revenue generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund, and credited to the revenue account #501-0000-365-01-00. ALTERNATIVES: To hold public auction with staff which has been done in the past, but after expenses, it was not in the best interest of the City. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 114 of 728 REVIEWERS: Department Public Works Finance Legal City Manager Vehicle Listing (disposal) Reviewer Action Livergood, Jeffrey Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 10/25/2016 - 4:17 PPA 11/3/2016 - 10:22 AM 11/8/2016 - 8:49 AM 11/8/2016 - 9:30 AM Page 115 of 728 Page 116 of 728 6.F CONSENTAGENDA 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Approve utilizing the General Services Administration (GSA) Contract #GS -07F -0396M pricing for contractual fire alarm/sprinkler monitoring, inspections and repairs in various City facilities from Simplex Grinnell LP for an estimated annual expenditure of $77,000 which expires on June 30, 2017. EXPLANATION OF REQUEST: Time Period: October 1, 2016 - June 30, 2017 Simplex Grinnell provides fire alarm/sprinkler monitoring, inspections and service/repairs for various fire alarm systems through the City facilities based on the GSA Contract #GS -07F -0396M effective through June 30, 2017. The City's procurement policy allows the utilization of the GSA contracts as an alternative to formal sealed bid process for purchases over $25,000. Simplex Grinnell is an authorized vendor via the General Services Administration (GSA) Contract #GS -07F - 0396M. Contract Period - 07/01/2007 - 06/30/2017 The complete GSA Contract (196 pages) is on file in the Finance Department. Previous year's expenses: FY 15/16 $77,800 FY 14/15 $91,700 FY 13/14 $89,500 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The National Fire Protection (NFP) Code and the Fire Department require that fire systems be monitored, inspected and maintained. Failure to meet these requirements would result in receiving violation notifications from the Fire Department and would render the systems ineffective. FISCAL IMPACT. Budgeted Funding is budgeted as follows: Facilities Management Account #001-2511-519-49-17 ($69,000) Library Account #001-2612-571-46-20 for the Schoolhouse Museum ($3,900) Utilities Admin Account #401-2821-536-49-17 ($2,000) Utilities West Water Plant Account #401-2811-539-49-17 ($2,100) Total Estimated Costs thru June 30, 2017 = $77,000.00 ALTERNATIVES: To have the City issue a formal bid for these services and repairs. STRATEGIC PLAN: Page 117 of 728 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Simplex Grinnell LP START DATE: 7/1/2007 END DATE: 6/30/2017 CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Attachment REVIEWERS: Department Finance Legal Finance City Manager Description GSA Contract ##GS-07-03061VA Reviewer Action Date Howard, Tim Approved 11/3/2016 - 11:66 AM Swanson, Lynn Approved 11/3/2016 - 3:61 AM Howard, Tim Approved 11/3/2016 - 3:61 AM LaVerriere, Lori Approved 11/3/2016 - 0:34 AM Page 118 of 728 - -,IWINA Ar '211 GENERAL SERVICES ADMINISTRATION SimplexGrinnell OneStoprm Integrated Solutio A total solution for fire alarm, fire suppression, integrated security, sound and communication and healthcare management systems.. i * www.simp1exgtinne11.com1gsa nSchedula FIRE AND SECURITY PRICE LIST 15M1ITtv"M TL"A CONTRACT NO. GS -07F -0396M -uj@Tff I WAUT-PE= JULY 1, 2007 — JUNE 30, 2017 1 of 196 Page 119 of 728 Federal Supply Service Authorized Federal Supply Schedule Price List Schedule 084 — Total Solutions for Law Enforcement, Security, Facility Management, Fire, Rescue, Clothing, Marine craft and Emergency/Disaster Recovery SimplexGrinnell 50 Technology Drive Westminster, MA 01441 Telephone: 978-731-2500 Website: ww-vcT.si1.'nT)1eXFd_ XQU1. 1 l6 Business Size: Large Contract Period: July 1, 2007 — June 30, 2017 Schedules button at httr):,/,/`WlliN,'V,;I-ifss.gsa.go-v - -_ - - - 99-• •LTM oraering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!TM , a menu -driven database system. The INTERNET address GSA Advantage! TM is: b 111 P 2 of 196 Page 120 of 728 CUSTOMER INFORMATION la. SPECIAL ITEM NUMBERS SIN 246-26 Fire Alarm Systems (Copper- Wheelock, TYCO Fire Protection Products) SIN 246-35 (1) Access Control Systems, Door entry control by card access, magnetli proximity — including but not limited to Biometric. (Software House) SIN 246-35 (2) Access Control Systems, Door entry control by touch access, dial, digital, keyboard, keypad - including but not limited to Biometric, Voice, Fingerprint, Iris, Hand Geometry, Weight (Software House) SIN 246-35 (4) Access Control Systems, Emergency exit door access/alarm systems for security and/or fire safety - including but not limited to Blom etricjEgMygre Housel SIN 426-4S Surveillance Systems/CCTV (American Dynamics) SIN 246-42 (1) Facility Management Systems - (Including Accessories and Repair Parts. Computerized Systems for Surveillance, Monitoring, Controlling, Signaling and Reporting Multiple Functions. Security Functions (i.e., access control, fire detection, intrusion, etc.) LArnefican Dynamics) (Softwarig HouseySony)(AxisgTalk-A-Phone) SIN 246-42 (3) Facility Management Systems — (including Accessories and Repair Parts. Computerized Systems for surveillance, Monitoring, Controlling, Signaling and Reporting Multiple Functions. Energy and Facility Management Functions and Services, Building Automation Control Systems (including lighting, HVAC controls and sensors), Building Comfort Systems (including heating, ventilation and air conditioning). (Tyco Fire Protection Products Master Time Controls SIN 246-99 New Products — Sprinkler (Tyco Fire Protection Products) SIN 466-11 Fire Extinguish ing/Suppress Ing Products, Retardant, Foams and Equipment (Sapphire, PyroChem and Ansul) SIN 246-1000 Ancillary Services -Labor Includes, but is not limited to: services necessary to install the system (from design through start-up), maintain the system (including maintenance agreements, which may not exceed the term of this contract), or training. Ancillary Service excludes: • Construction (construction is defined as alteration, or repair of buildings, structures, or other real property) • Architectural Engineerin_q Services (A&E -Enaineers Act as stated in Federal Accluisition Re I under the Brooks Architect quiation (FAR) Part 36. These services shall be ordered only in accordance with Part 36 and aqencv Drocedures. nand shall ot be included on a GSA contract order as an-gpen market item. Personal services. Stand-alone services which are applicable -to the Service Contract Act (SCA Page 121 of 728 contra Win AM r -e - v 9 - -11 WIN 011421 A [it s 0 0 0 1 �L;Iqll I W-91 11,71 @1 CZE ip IL' ontr WIWA Defining and issuing the statement of work for ancillary services. Accurate definition of the scope and statement of work is essential to facilitate realistii quotations. The statement of work shall also inform the contractor of any applicable insurance requirements. Ordering agencies shall obtain pricing information from the schedule contractors, anR•• tiate for ancillary services on an order by order basis, based on complexity and level of effort. Ancillary services shall be priced as separate line items on each order. Pricing of services has been determined fair and reasonable by GSA. Howev ordering agencies shall make a determination that the total price is fair and reasonable based on the level of effort and the mix of labor proposed. I Ordering agencies will comply with all appropriation laws and ensure that t correct types of funds are obligated on each order. I IZ M-'erence FAR 8.4 for Ham -ME AM [To] NY -'ATT. IN M MEL I ORIN] kimia i--fj IN: Rote: Ancillary services involvinCinstallation which do not meet the definition of construction as defined in FAR 2. 101 shall be covered under Sl N 246--1000. Note: This SIN specifically EXCLUDES Architectural Engineering Services (A&E) urider fte Broo�s Azo-Wr�aj:-F I LN item. Contractors are responsible for the followina when performing services under this SIN: 4 of 196 Page 122 of 728 Contractors must comply with Construction Clauses and Davis -Bacon Regulations. The contractor shall •- responsible, accountable and liable for all work performed, including work performed by subcontractors (at all tiers), and for • the • performed is completed in accordance with the ordering .•- statement • • 'N 0 Olgx�p IWT UM -30 i��M DM 1!1 "L*'Z19 " 1 1 MW-" MOM on aMUUE&*JA$-L_-1M4 It, WHIM"ALMLZIA uuta ME 10 1 Performance clauses shall be modified for each job by the ordering agency. Administration of orders issued under this Special Item Number. 5 of 196 Page 123 of 728 All orders and payments must be made to the schedule contractor or their designee. Example: A contractor may designate a participating dealer to receive payment. Z101 :M! WN11 �OJESIUTV 0. 0 I I IN US moll 101=02691VI , 0 .00 ARMA190 med too 0;1 • of •M Off*. M 1 c. The rates for the labor categories vary based on the geographic location of the SimplexGrinnell Field offices and subject to the pricing methodology in the GSA Contract. Please contact Regional Government Business Development Managers. (Se,-- 2ttached Business Development Manager Lisitng) CAD LAB DSGN LAB PM LAB PREP LAB 246-51 Product IDs; COMM LAB INST LAB TECH LAB 2. Maximum order: I Design Labor Proj/Const Mgrant Pre -Site Preparation it exception to Alaska and Ohio. See SIN 246-51) - VWr EW -10 Installation Labor 6 of 196 Page 124 of 728 4. Geo -graphic coverage (delivenf area): Continental US, Alaska, Hawaii, District of Columbia, Puerto Rico and US Territories. W I W =_�- •• � 15AW-WOV Anixter (Sony) Anixter (Axis) Cooper -Wheelock Software House Sensormatic ACD Talk -A -Phone Tyco Fire Protection Products Belfast, Ireland; Puerto Rico Japan Belgium. Germany, Huncjl;�,.I�tal-, _jay�� Korea, Poland, Swe•- • • eong Branch, NJ; Sarasota, FL Winthrop, ME Westford, MA Canada, India, Korea, Taiwan, USA Matamoras, Mexico; Westminster, MA; ownsville,TX 7. Quantity discount: None, additional discounts may be negotiated with the orderi activity for orders exceeding the maximum order established. I 112EM • e111Q3t7M99Hj-5= 10. Forei-qn items: TAA Requirements Apply I la. Time of delivery: 30 days ARO or as prescribed in the Statement of Work 1 1b. Expedited Delivem, Available, contact local SG field office. See attached. 1 1c. Overnight and 2 -day delivery: Overnight and 2 -day delivery are available at standard commercial shipping rates, if item is available in stock. Contact loc&' SG Field Office. See attached. 1 1d. "r ent Requirements ': Contact Government District Business Development Manager for faster delivery and express shipping pricing. Page 125 of 728 I A 1 111' 4. Geo -graphic coverage (delivenf area): Continental US, Alaska, Hawaii, District of Columbia, Puerto Rico and US Territories. W I W =_�- •• � 15AW-WOV Anixter (Sony) Anixter (Axis) Cooper -Wheelock Software House Sensormatic ACD Talk -A -Phone Tyco Fire Protection Products Belfast, Ireland; Puerto Rico Japan Belgium. Germany, Huncjl;�,.I�tal-, _jay�� Korea, Poland, Swe•- • • eong Branch, NJ; Sarasota, FL Winthrop, ME Westford, MA Canada, India, Korea, Taiwan, USA Matamoras, Mexico; Westminster, MA; ownsville,TX 7. Quantity discount: None, additional discounts may be negotiated with the orderi activity for orders exceeding the maximum order established. I 112EM • e111Q3t7M99Hj-5= 10. Forei-qn items: TAA Requirements Apply I la. Time of delivery: 30 days ARO or as prescribed in the Statement of Work 1 1b. Expedited Delivem, Available, contact local SG field office. See attached. 1 1c. Overnight and 2 -day delivery: Overnight and 2 -day delivery are available at standard commercial shipping rates, if item is available in stock. Contact loc&' SG Field Office. See attached. 1 1d. "r ent Requirements ': Contact Government District Business Development Manager for faster delivery and express shipping pricing. Page 125 of 728 12. F.O.B. point(s): ' Destination 48 contiguous states, Port of Exportation, Alaska and Hawaii except Special Item Numbers 465-11 and 426-4S which are F.O.B. Origin. 13. Ordering ad resses: Refer to the listing of SimplexGrinnell District offices For additional information contact: Regional Government Business Development Manager 13b. Ordering procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in Federal Acquisition regulations (FAR) 8.405-3 14. Payment address (es):, SimplexGrinnell Dept CH 10320 Palatine, IL 60055-0320 15. Warranty provisiom, Standard Commercial Warranty (See below) Limited Warranty. Subject to the limitations below: Company warrants any equipment (as distinguished from the Software) installed pursuant to this Agreement to be free frorr. defects in material and workmanship under normal use for a period of one (1) year from the date of first beneficial use of all or any part of the Covered System(s) or 18 months after equipment shipments, whichever is earlier, provided however, that Company's sole liability, and Customer's sole remedy, under this limited warranty shall be limited to the repair or replacement of the Equipment or any part thereof, which Company determines is defective, at Company's sole option and subject to the availability of service personnel and parts, as determined by Company. Company warrants expendable items, including, but not limited to, video and print heads, television camera tubes, video monitor displays tubes, batteries and certain other products in accordance with the applicable manufacturer's warranty. Company does not warrant devices designed to fail in protecting the System, such as, but not limited to, fuses and circuit breakers. Company warrants that any Company software described in this Agreement, as well as software contained in or sold as part of any Equipment described in thiL&*_r�ewi"Mir- reasonably contorm to its published specifications in effect at the time of delivery and for ninety (90) days after delivery. However, Customer agrees and acknowledges that the software may have inherent defects because of its complexity. Company's sole obligation with respect to software, and Customers sole remedy, shall be to make available published modifications, designed to correct internal defects, which become available during the warranty period. If Repair Services are included in this Agreement, Company warrants that its workmanship and material for repairs made pursuant to this Agreement will be free from defects for a period of ninety (90) days from the date of furnishing. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED HEREUNDER. 8 of 196 Page 126 of 728 COMPANY MAKES +:WARRANTY 1 !! 1: OR REPRESENTATION, .! 1 .. UNDERTAKES NO OBLIGATION BY THE SERVICES PERFORMED AGREEMENT, THAT COMPANY'S PRODUCTS OR THE SYSTEMS OR EQUIPMENT OF THE CUSTOMER WILL CORRECTLY HANDLE THE PROCESSING OF CALENDAR :. DATES BEFORE OR AFTER DECEMBER 1999. •!. thirdWarranty service will be performed during Company's normal working hours. If Customer requests warranty service at other than normal working hours, service will be performed at Company's then current rates for after ours services. All repairs or adjustments that are or may become necessary shall be performed by an authorized representative of Company. Any repairs, adjustments or interconnections performed by Customer or any party shall void all warranties. 16, Export Packing charges: Not Applicable 17. Terms • conditions of • purchase card acceptance: Accepted 18. Terms and conditions of maintenance, and repair: Contact SimplexGrinnell .' Terms• conditions of .i • Provided under SIN 246-1000; Terms20. • conditions of .•, r, -- contract items or f•- applicable. • moreinformation contact • - market 20a. Termsand conditions forother services: 21. List of - - and distribution • •;ints: Refer to listing of • - 'It istrict offices 2. List of participating dealers: Not Applicable 3. Preventive maintenance: Contact Silexrinnell a.Environmental aributes .a. recycled content energy efficiency and/or reduced pollutants. /A 24b. Section 508 Compliance for IT: Not applicable 2. Data Universal Number System (DUNS) Master number: 094738007 6. Central Contractor Registration (CCR) database: Master Cage Code 1 S7 9of196 Page 127 of 728 Sprin1der GSA Price SchadUIS 80, SIS-) 246-99, Vendor Part ld Description GSA Sell -010101002 Manual Weldl/2 - Domestic Price -010101007 Manual Weld3/4 - Domestic $6.11 $6.11 -010121010 Manual Weldl - Domestic -010151012 Manual Weldl-1/4 - Domestic $10.49 -010201015 Manual Weld 1-1/2 - Domestic $13.98 -010251020 Manual Weld2 - Domestic $15.29 -010301025 Manual Weld2-1/2 - Domestic $16.60 $17.91 -010401030 Manual Weld3 - Domestic -010601040 Manual Wek:14 - Domestic $19.22 -010801060 Manual Weld6 - Domestic $33.49 $110.14 -011001080 Manual Weld8 - Domestic -020001025 Cut Black Sch402-1/2 - Domestic $149.32 -020001030 Cut Black Sch403 - Domestic $3.89 -020001040 Cut Black Sch404 - Domestic $3.89 -020001060 Cut Black Sch406 - Domestic $3.89 -020001080 Cut Black Sch408 - Domestic $12.59 $13.87 -020001100 Out Black Sch401 0 - Domestic -020002010 Cut Galvanizedl - Domestic $29.58 -020002012 Cut Gaivanizedi-1/4 - Domestic $1.24 -020002015 Cut Galvanizedl-1/2 - Domestic $1.24 -020002020 Cut Galvanized2 - Domestic $1.24 -020002025 Cut Gaivanized2-1/2 - Domestic $1.24 -020002030 Cut Galvanized3 - Domestic $3.89 -020002040 Cut Galvanlzed4 - Domestic $3.89 -020002060 Cut Ga1vanlzed6 - Domestic $3.89 -020002080 Cut Galvanized8 - Domestic $12.59 -020002100 Cut Galvanized 10 - Domestic $13.87 $29.58 -020003010 Cut Black Srh801 - Domestic -020003012 Cut Black Sch801-1/4 - Domestic $2.57 -020003015 Cut Black Sch801-1/2 - Domestic $2.57 -020003020 Cut Black Sch802 - Domestic $2.57 -020003025 Cut Black Sch802-1/2 - Domestic $2.57 -020003030 Cut Black Sch803 - Domestic $7.82 $7.82 -020003040 Cut Black Sch804 - Domestic -020003060 Cut Black Sch806 - Domestic $7.82 -020003080 Cut Black Sch808 - Domestic $7.82 -030003025 Thread2-1/2 - Domestic $7.82 $3.64 -030003030 Thread3 - Domestic $3.64 -030003040 Thread4 - Domestic -030003060 Thread6 - Domestic $3.64 $17.61 -030003080 Thread8 - Domestic $40.91 -040001025 Make Ont -1/2 - Domestic $3.68 -040001030 Make II - Domestic $3.68 -040001040 Make On4 - Domestic $3.68 -050002010 Roll Groovel - Domestic $3.61 -050002012 Roll Groovel-1/4 - Domestic $3.61 -050002015 Roll Groovel-1/2 - Domestic $3.61 19 of 196 Page 128 of 728 vO O O 1CS h 0 N M CO O m w O M P� M I� O O M ti w CO r Cp m V• M w N W O 6 O V' eF' N V' M N LO O O P� U'S r M l6� V' N N OS W eh U7 N OD O CD N ��, tV tD t7 O l% tl; M V: V° twS w V w N (O CO '= O ti 1n V' O 1p V' �' ti O V' (O O w O c6 ti W h- O LC) r_ M CA I� w N M r _M 1� Cd In ® CC) m CU O d M NE!! ff3 69 V' M N m (D V' w (T) W Cn N t9 ill M M ti t0 0) V' V' N O O O N w w N ®� 64 69 69 69 6i 64 O Cn m O (0 ti W M 167 w 4A ffl r 69 N N 6} N Cl) O 60 fA 69 d M W+ &3� r r - - aM- 69 !fD 69 613, 6%3 U3 - EfD fA EA gry 69 69 69 64 E9 Q V3 U) a U7 C6W 1O LO •®�si�m-a aEi mmv w w w w) OD w - , M N'� M 0. c O LLNOM.c(D .� 6 m m m onl=wCD n m Li Li 11 v •--LL F- c c c> v v .�` a s C7 Z V• Z w N c N N N 62 (D CO Cl) Q Q N_ U- m um- 7 M 07 wwcb E tn(gcn� u -a) 0 ® cm�ma�mia)a) v W ® M m m L ja-NI N. or;�QO aaa� _� aN —' aoyip tm 0)i0 9i)a)) >+ m x x x x® E a E E E E E `° w m ° a a® C) E F-~ (ava��a rmnl0n Ew W wwwu"gULwULL- LL EO0 Dao �- wGo W - - -'O W _W NMMWMCOw U) a Z Z Z o < d ori >a> - - - c "7 M•- 0 Z Z C ia _O c C e a. m J '17 10 DOj 0 0 0 u- r®®® M N M c c e `- •,• C:• C ` c J r Z Z �C d` _ > c� _� w~ .`- e= r Gam. 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M 0- M a. a a (L a a. a a. a. a. d d a- a. a am d ada a s 4 as a aa.aa.a.aa.a.a.LimmrL(.Lta.a.a.aa.a.a 0-m as aaa.m WHf< <lI<PP< < <f< < < <(<C< < < <f< <ff<f��l�<(¢<PqlJf<fp< <P<f¢ff<Cf<LgnUQ3< 0) O a Page 129 of 728 Simplex Fire Alarm GSA Price Schedule 8 SIN 246-6 PID beading bsA senDescription Price 2080-9047 Small to Large Analog Panel COMM CORD RJ-45/SPADE 14FT 2080-9056 Small to Large Analog Panel ABORT SWITCH, FLUSH $20.13 2080-9057 Small to Large Analog Panel ABORT SWITCH, SURFACE $62 .91 2080-9059 Small to Large Analog Panel MAINT SWITCH WAAMP,FLUSH $$62.26 2080-9060 Small to Large Analog Panel MAINT SWITCH W/LAMP,SURFACE $139.23 2080-9067 Small to Large Analog Panel ABORT SWITCH, STYLE C, FLUSH $223.61 2080-9068 Small to Large Analog Panel ABORT SWITCH, STYLE C,SURFACE .62 $65$6518 2081-9008 Small to Large Analog Panel EOL RESISTOR/22K $ 2081-9010 Small to Large Analog Panel EOL RESISTOR/3.3K 72 $7$7.87 2081-9027 Small to Large Analog Panel TRANSIENT CUBE $ 2081-9028 Small to Large Analog Panel TRANSIENT CUBE FOR MAPNET 1,11 $28.89 2081-9046 Small to Large Analog Panel 2 AMP COIL SUPERVISORY MODULE $32.50 2081-9048 Small to Large Analog Panel ABORT SUPERVISION $23.47 2081-9061 Small to Large Analog Panel BARRIER MOD INSTALIAT:ON KIT $1 7.89 2081-9280 Enclosures; Doors and Backboxes BATT CAB ONLY F/2081-9279 $17.44 2081-9281 Enclosures; Doors and Backboxes 50AH BATTERY CABINET, BEIGE $222.88 2081-9297 BATTERY BRACKET ASSEMBLY 33AH- Seismic Fire Panel Medlum to Large Systems $173.79 2081-9298 BATTERY BRACKET ASSEMBLY 50AH- Seismic Fire Panel Medium to Large Systems $80.50 2084-9001 Small to Large Analog Panel REMOTE PHONE JACK $92.43 2084-9002 Small to Large Analog Panel PHONE /DR TRIM SURFACE M 20 $8NT 2084-9003 Small to Large Analog Panel PHONE W/DOOR TRIM FLUSH MNT $1$8 78 2084-9004 Small to Large Analog Pane! PHONE ARMOR CABLE SURFACE MNT $18147 2084-9005 Small to Large Analog Panel PHONE ARMOR CABLE FLUSH MNT $195.39 2084-9006 Small to Large Analog Panel PHONE BREAK -ROD SURFACE MNT $192.72 $195.39 2084-9007 Small to Large Analog Panel PHONE BREAK -ROD FLUSH MNT 2084-9008 Small to Large Analog Panel PHONE ARMOR BREAK -ROD SRFC MNT $192 72 2084-9014 Small to Large Analog Panel PLUGGABLE PHONE W/SFT CABLE $207 29 2084-9017 Small to Large Analog Panel PHONE PTT W/ARMOR BRK-ROD SURF 43.74 $ $$41.07 2084-9018 Small to Large Analog Panel PHONE PTT W/ARMOR BRK-ROD FL $238.42 2084-9021 Small to Large Analog Panel PHONE W/ARMOR, MAG LED SURFACE $238 64 2084-9022 Small to Large Analog Panel PHONE W/ARMOR MAG LED FLUSH $204-64 2084-9023 Small to Large Analog Panel REMOTE PHONE JACK W/LED 2084-9024 Small to Large Analog Panel PTT PLUGGABLE TELEPHONE $57.34 2088-9007 Small to Large Analog Panel MR101 RELAY, SPDT W/LED $41.83 2088-9009 Small to Large Analog PanelMR201 RELAY, DPDT W/LED $14.4444 2088-9017 Small to Large Analog Panel RELAYS (4) SPDT W/LED MR104 2088-9018 Small to Large Analog Panel RELAYS (4) SPDT W/LED MR104/C $44.76 2088-9019 Small to Large Analog Panel RELAYS (4) DPDT W/LED MR204/T $68.63 2088-9021 Small to Large Analog Panel ENCAPSULATED RELAY PAM -1 $57.40 2088-9032 Small to Large Analog Panel RELAY, SPDT W/LED MR -801/T $9.80 2096-9801 Small to Large Analog Pane! FA/CODE CARD HOLDER -5'°X8" RED $9.14 2096-9805 Small to Large Analog Panel FA/CODE CARD HOLDER -8X10'° RED 514 01 2096-9807 Small to Large Analog Panel FA/CODE CARD HOLDER -9X12'° RED $19.73 2096-9808 Small to Large Analog Panel FA/CODE RD HOLDER -9X12" SST $22.30 2096-9809 Small to Large Analog Panel FA/CODE CARD HOLDER -12X16" RED $71.21 2096-9811 Small to Large Analog Panel FA/CODE CARD HOLDER -14X22'° RED $37.57 2097-9031 Small to Large Analog Panel GATE VALVE OSYS-U-A2 $45.21 2097-9032 Small to Large Analog Panel GATE VALVE OSYS-U-Al $65.96 2098-9715 Analog Environmentally Compensated Smoke Devices and Accessories SMOKE DETECTOR WIRE GUARD $62.61 2098-9716 Analog Environmentally Compensated Smoke Devices and Accessories HEAT DETECTOR WIRE GUARD $22.10 2098-9734 Analog Environmentally Compensated Smoke Devices and Accessories 120V DETECTOR POWER PACK $21.70 2098-9735 Analog Environmentally Compensated Smoke Devices and Accessories DET/EOL RELAY 24VDC $19 49 2098-9739 Analog Environmentally Compensated Smoke Devices and Accessories RELAY -EOL -DETECTOR ACCESSORY $18.81 2098-9796 Duct Detector Devices and Accessories SAMPLING TUBE 13°' $17 77 2098-9797 Duct Detector Devices and Accessories SAMPLING TUBE 49" $5 92 2098-9798 Duct Detector Devices and Accessories SAMPLING TUBE 73" $11.81 2098-9799 Dud Detector Devices and Accessories SAMPLING TUBE 97°' $15.55 2098-9804 Dud Detector Devices and Accessories SAMPLING TUBE 24'° $21.46 2098-9806 Duct Detector Devices and Accessories REMOTE TEST STA RED LED KEY SW .96 $ $6$6.51 2098-9808 Duct Detector Devices and Accessories REMOTE ALARM INDICATOR $14.49 2099-9101 Pull Stations and Accessories PS SINGLE ACTION,2 N/O 2099-9102 Pull Stations and Accessories PULL STATION S/A, IN/0, IN/C $ 34.29 $38 76 2099-9103 Pull Stations and Accessories PULL STATION BREAK GLASS IN/O $32 27 2099-9104 Pull Stations and Accessories PULL STATION BREAK GLASS 2N/0 $41.74 2099-9107 Pull Stations and Accessories PULL STATION S/A, 3N/0 2099-9108 Pull Stations and Accessories PULL STATION BREAK GLASS 3N/0 $59.63 $74 54 $7427 2099-9149 Pull Stations and Accessories DBL ACT PP STN W/O LOGO 2099-9152 Pull Stations and Accessories DBL ACT PP STYL C STN W/O LOGO $32.27 2099-9754 Pull Stations and Accessories PULL STATION S/A, IN/00 $2187 2099-9755 Pull Stations and Accessories PS SINGLE ACTION, LOCAL $24.59 2099-9756 Pull Stations and Accessories PULL STATION D/A, IN/O 3338 $33 38 $ 2099-9757 Pull Stations and Accessories PULL STATION D/A, 2N/O 76 2099-9762 Pull Stations and Accessories PS SINGLE ACTION, INST 2099-9800 Pull Station Accessories RED WIRE GUARD 526.83 2099-9803 Pull Station Accessories BREAKGLAS5 $26.09 2099-9804 Pull Station Accessories BREAKROD $178 $178 101 of 196 Page 130 of 728 • R. i r- • f !� 111 of 196 Page 131 of 728 • • � I 1• • 11 � ;I 1 1 �. a 1 • •f • - • - • i1 1 • 1 1 f 1 • A , 1 •I 111 of 196 Page 131 of 728 • 113 of 196 Page 132 of 728 " 13-1 1. . r 1 1 113 of 196 Page 132 of 728 n CO CX je —i cur • ,cl .. 0 CU • ' w ,.,. 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CONSENTAGENDA 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Accept fourth quarter report (July -September 2016) on operations of the Schoolhouse Children's Museum and Learning Center for FY15/16. EXPLANATION OF REQUEST. Per the City's Management Agreement with the Schoolhouse Children's Museum, the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly scheduled Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT. None ALTERNATIVES: Do not accept report. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Library Finance City Manager Description Musuem 4th Quarter Report FY15/16 Reviewer Action Date Clark, Craig Approved 11/3/2016 - 4:43 PM Howard, Tim Approved 11/4/2016 - 0:20 AM LaVerriere, Lori Approved 11/6/2016 - 0:34 AM Page 137 of 728 Page 138 of 728 �rss yykg,, z, r C I nt Quarterly Report FY '15/'16 4th Quarter General Operations The fourth quarter of the fiscal year realized a revenue increase over the same period last year; as well as an increase in expenses. Continued improvement occurred in several areas of business operations including an increase in overall visitation and memberships sold as well as an increase in program revenue over the same period last year. The Museum's 15th Anniversary is approaching in November 2016. Celebratory activities will occur throughout the anniversary year. Revenue Excluding the City's support, revenue for the fourth quarter of '15/'16 increased 11.2% over the same period last year as a result of improvement in several operational areas. Membership revenue increased 21%, Admissions 20% and Program revenue 11%. Total Gross revenue for FY'15/'16 — Q4 was $122,660 vs. $122,926 in FY'14/'15 — Q4. Expenses Overall Expenses for the fourth quarter of '15/'16 increased by 11.6% compared to the same period last year. The increase in expenses is largely due to exhibit repairs and the museum being fully staffed. Expenses for FY '15/'16 — Q4 were $123,981 vs. $111,021 in FY'14/'15 — Q4. Grants The Cultural Council of Palm Beach County grant funding expected in Q4 was not realized prior to the close of the fiscal year and is anticipated to be received in October or November of the current fiscal year. The Museum has also been awarded $7,000 in funding by the PB Cultural Council for the FY'16/'17. A grant request for FY '17/'18 has been submitted to the Florida Division of Cultural Affairs, has been approved. The request amount was $20,000, however, the actual amount to be granted is pending. Fiscal Year Summary Overall, fiscal year '15/'16 showed improvement over the previous year. Gains were made in many areas of operations. The Museum welcomed over 36,000 in FY'15/'16, a 5.8% increase over the previous year. Other highlights include an increase in Membership Revenue of 26.7%, Admissions Revenue of 18.2% and Program Income of 15.3%. To accommodate increased visitation, programming and activity, an additional, part-time, staff member was brought on board resulting in a 2.4% increase in expenses over FY'14/'15. The Museum ended the year with a surplus of $33,570. Going forward, the Museum intends to focus on continued improvement in operations through programming and outreach, exploring collaborative programming with other organizations and grant funding. Respectfully submitted, Suzanne Ross Executive Director Page 139 of 728 6. H. CONSENTAGENDA 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Legal expenses -October 2016 -Information at the request of the Commission. No action required. EXPLANATION OF REQUEST: Some outside firms have not provided their October statements to Risk Management and therefore their September invoices are attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment D Attachment REVIEWERS: Department Legal Description Goren Cherof Doody & Ezrol October Invoices Other counsel October and September invoices Reviewer Action Swanson, Lynn Approved Date 11/8/2016 - 10:14 AKA Page 140 of 728 Finance Howard, Tim Approved 11/8/2016 - 10:27 ANA City Manager LaVerrier , Lori Approved 11/8/2016 - 5:14 PPA Page 141 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson v. Degen, Gerhard et al. ACCOUNT NO STATEMENT NO 10/13/2016 KLE Follow up re status of W -9s and payment of attys fees. 10/21/2016 KLE Emails Lynn re status of check for Wong 10/25/2016 KLE Process checks; prep letters; 10/27/2016 KLE Revise and final letters trasmsnitting checks for fees and costs. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE KERRY L. EZROL 0.90 $195.00 Photocopies TOTAL EXPENSES THRU 10/31/2016 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 TOTAL $175.50 0.20 0.30 0.20 0.90 Page: 1 11/02/2016 306-0303351 12693 2.80 2.80 178.30 $178.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 142 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson LABOR - General ACCOUNT NO STATEMENT NO 10/25/2016 JAC review issue and conference with Chief regarding disclosures and investigation options; review leave policies and CBA language regarding possible recommendations 0.50 10/27/2016 JAC review SEIU and PBA CBA's; additional review regarding mutual agreement on 185 money 2.50 10/28/2016 JAC review and research regarding emergency leave FEMA issue 0.60 FOR CURRENT SERVICES RENDERED 10.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 10.40 $195.00 $2,028.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 11/02/2016 306-0603180 12694 2,028.00 $2,028.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 143 of 728 HOURS 10/05/2016 JAC prep for and attend PBA bargaining; follow up regarding pension 185 funds issue. 1.20 10/07/2016 JAC onsite; post storm office check and office administration; misc calls to staff; review atty cases; review lien compromise agreement form 4.40 10/20/2016 JAC review IAFF CBA regarding wage adj./top out pay issue and discuss with JO 0.60 10/24/2016 JAC review SEIU CBAOR ratification 0.60 10/25/2016 JAC review issue and conference with Chief regarding disclosures and investigation options; review leave policies and CBA language regarding possible recommendations 0.50 10/27/2016 JAC review SEIU and PBA CBA's; additional review regarding mutual agreement on 185 money 2.50 10/28/2016 JAC review and research regarding emergency leave FEMA issue 0.60 FOR CURRENT SERVICES RENDERED 10.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 10.40 $195.00 $2,028.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 11/02/2016 306-0603180 12694 2,028.00 $2,028.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 143 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Red Light Cameras ACCOUNT NO STATEMENT NO 10/21/2016 SHB Telephone conference with violator Shantel Smith re: request to file appeal and vehicle registration hold. 0.30 SHB Discuss pending NOI matters with Hawkins. Prepare and file notices of intent to rely on business records for use at trial. 3.10 10/24/2016 SHB Follow up with Mills re: NOI matters. Defendant Pitts - Receive and review Motion to Exclude System Reliability report; review evidence packet; prep for motion. Discuss with Weissman and other city attorneys. Prepare and file notices of intent to rely on business records for use at trial. 5.50 10/25/2016 SHB Meeting with MDC re: Pitts motion. Telephone conference with Petriello and Mills re: NOI matter and recent trial issues. Prep for trial. Attend trial at Delray courthouse. 4.20 MDC Meet with SB Re: status of RLC hearings, pending motions. 0.40 10/26/2016 SHB Borgo: Receive and review order Defense motion for continuance; transmit to PD for inclusion in file. Prepare and file notices of intent to rely on business records for use at trial. 2.00 Page: 1 11/02/2016 306-0806020 12695 Page 144 of 728 HOURS 10/03/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.50 10/04/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 0.80 10/07/2016 JAC review appellate rulings and program close out plans 1.60 10/10/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.40 10/11/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.00 10/17/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.20 10/18/2016 SHB Prepare and file notices of intend to rely on business records for use at trial. 2.00 10/19/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.30 10/20/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.70 10/21/2016 SHB Telephone conference with violator Shantel Smith re: request to file appeal and vehicle registration hold. 0.30 SHB Discuss pending NOI matters with Hawkins. Prepare and file notices of intent to rely on business records for use at trial. 3.10 10/24/2016 SHB Follow up with Mills re: NOI matters. Defendant Pitts - Receive and review Motion to Exclude System Reliability report; review evidence packet; prep for motion. Discuss with Weissman and other city attorneys. Prepare and file notices of intent to rely on business records for use at trial. 5.50 10/25/2016 SHB Meeting with MDC re: Pitts motion. Telephone conference with Petriello and Mills re: NOI matter and recent trial issues. Prep for trial. Attend trial at Delray courthouse. 4.20 MDC Meet with SB Re: status of RLC hearings, pending motions. 0.40 10/26/2016 SHB Borgo: Receive and review order Defense motion for continuance; transmit to PD for inclusion in file. Prepare and file notices of intent to rely on business records for use at trial. 2.00 Page: 1 11/02/2016 306-0806020 12695 Page 144 of 728 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Red Light Cameras 10/27/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. JAC review Mandate and discuss with MC 10/28/2016 SHB Receive and review appellate ruling in Oldsmar v. Trinh. Follow up with City staff re: appeal matters. Receive and review Langham/Duval County appellate ruling.Prepare and file notices of intent to rely on business records for use at trial. 10/31/2016 SHB Receive and review various orders denying defense requests to transfer case to judge. Transmit to PD for inclusion in case files. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 1.90 $195.00 MICHAEL D. CIRULLO 0.40 195.00 SHANA H. BRIDGEMAN 37.20 195.00 Photocopies Postage TOTAL EXPENSES THRU 10/31/2016 TOTAL CURRENT WORK BALANCE DUE HOURS 3.60 0.30 TOTAL $370.50 78.00 7,254.00 5.00 Page: 2 11/02/2016 306-0806020 12695 10.85 67.43 78.28 7,780.78 $7,780.78 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 145 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson General Matters ACCOUNT NO STATEMENT NO HOURS 10/03/2016 FLN Exchanged emails with city staff re: SW 2nd Ave/ PCN 08-43-45-28-11-000-0470 and discrepancies with property identification and any applicable lien status/issues; reviewed property records; drafted memorandum re: City utility issues for Jim Cherof's review and to discuss. 2.30 SHB Code compliance: Research re code lien expiration matters. 0.30 JAC onsite; attend CMLT; prep Commission meeting; office administration 5.00 10/04/2016 FLN Exchanged emails with attorney for owner of property located at SW 2nd Avenue and with Lynn Swanson re: status of code liens. 0.60 DNT Telephone conference call with Katie Hatcher regarding mobilitie requests and amendment to cell tower agreement. 1.00 JAC onsite; office administrations; storm/emergency declaration prep; prep for and attend Commission meeting. 9.20 10/05/2016 JAC onsite; office administrations; storm/emergency prep/Commission meeting follow up; review Stor-All appl related record 6.40 10/07/2016 DNT Dictate email regarding amendment to cell tower site agreement; review mobilitie requests and City's current LDR provisions regulating cell towers and wireless communication facilities. 0.80 10/10/2016 SHB Code compliance: follow up with Yannuzzi and Mack re: stipulation agreement matters. Receive and review agenda items. 1.50 DNT Review lease amendment for cell tower and dictate email to Katie Hatcher; review wireless communication facility regulations and ability to regulate antenna in rights of way. 1.50 10/11/2016 SHB Code: Receive and review correspondence re: Arthur Kaufman/Anytime Gutter and Screening. Various conference calls with Kaufman, Swanson, and Howard. Various correspondence with City. Review court docket re: Kaufman/Loiacono litigation. Follow up with City. Telephone conference with Andrew Mack. Telephone conference with Andrew Mack re: stipulated agreement matters. 1.30 DNT Review regulations and updated research regarding personal wireless communication facilities. 0.80 Page: 1 11/02/2016 306-9001821 12696 Page 146 of 728 Page: 2 CITY OF BOYNTON BEACH 11/02/2016 ACCOUNT NO: 306-9001821 STATEMENT NO: 12696 General Matters 10/12/2016 FLN ReviewedCity staff inquiry re: code liens on property located at 130 SE 14th Avenue, formely owned by FBM Leasing Corp; reviewed foreclosure file, court and public records and sent a detailed advice email to City staff ccing all relevant city staff on the status of the code liens and reviewed City's customer service policy in light of Assist City Mgr's position re: legal source of potable water; Reviewed City staff inquiry on lien encumbrance document samples and lien encumbrance program's applicability to stipulated agreement. SHB Review and approve agenda items. 10/13/2016 SHB Review and approve additional agenda items. 10/17/2016 SHB Attended executive team meeting at City Hall. Review and sign approved agenda items and approved deeds. Follow up with Coles-Dobay re: artist agreements. DNT Attend meeting at City Hall with Jeff Livergood, Mike Rumpf regarding mobilitie DAS applications and proposed regulations; research latest regulations for cell towers and DAS equipment. 10/18/2016 SHB Artist Agreements - Telephone conference with Tim Howard re: Artist Agreements and Commission approval matters. Draft amendment to Amos Robinson agreement. Revise form artist agreements. Follow up with Coles-Dobay. DNT Telephone conference call with Mike Rumpf and Katie Hatcher regarding moratorium for wireless communication facilities. JAC onsite; office administration issues; review mail/memos; review pending matters' prep for and attend Commission meeting 10/19/2016 DNT Dictate resolution and notice of intent regarding wireless communication facilities; telephone conference call with Mike Rumpf regarding timing for resolution and NOI for wireless communication facilities. JAC online research regarding procurement issue; review emails; review employment agreement -call with JO regarding same and redraft; research shift issue 10/20/2016 SCW Review and analysis of portion of mortgage and note. SHB Agenda item review: Discuss Hatch Act matters with JAC; review FDOT grant documents and follow up with Officer Jaclyn Smith. JAC office administration; review ACAtty items and discuss with SB, MC and TD; review travel issue; review RFQ; calls regarding cemetery plot swap 10/21/2016 FLN Reviewed recent utility matters, City's Code of Ordinances and Customer Service policy and drafted relevant memo to address issues to City Manager's office. DNT Dictate and revise resolution and NOI for wireless communication facilities; coordinate review of mortgage and note for Hood. JAC review pending mail/memos; review Town Square RFQ and call TH regarding same; procurement research; review atty case load/assignments; yard sign research; prep regarding wireless communication dispute -permitting �Z� 1.50 0.60 1.30 3.50 2.00 3.00 0.40 11.00 f040If 2.80 0.30 0.60 4.80 3.00 0.90 4.40 Page 147 of 728 Page: 3 CITY OF BOYNTON BEACH 11/02/2016 ACCOUNT NO: 306-9001821 STATEMENT NO: 12696 General Matters �Z� 10/24/2016 FLN Reviewed Statement of Claim matter re: to property located 4600 Ocean Parkway; T/C to Clerk re: statement of claim; T/C to Erin Dunn; and follow up Review Note and Mortgage. email to Lynn and Erin; reviewed email and documents received from Erin on FLN outstanding utilities and lien recently imposed. 1.30 SHB Drafting and revision: pet store ordinance. 1.00 JAC onsite; conference with TH regarding Town Square RFP; conference with LL, Mayor, staff regarding same; revise RFQ; misc research regarding code issue; office administration; prep agenda and procurement issues; review midding sent related email to Tammy Stanzionne re: status of liens which gave rise to regulations; conference with lot owner S. Alesi regarding cemetery transfer; prep for P&D meeting -review agenda 8.00 KL Order Title Search Report for property located at 2751 NW 2nd street, Review and revise Ocean Breeze estates utility purchase and sale agreement Boynton Beach (Hood); Order Tax Lien Search Report. 0.40 DNT Telephone conference call with Mike Rumpf and Katie Hatcher regarding 1.10 wireless communication facility resolution and NOI; review and revise wireless onsite; agenda prep; review, revise and discuss Town Square RPQ w/TH and communication resolution and NOI. 0.80 10/25/2016 SCW Review Note and Mortgage. 0.50 FLN T/C with Minh from the City's Clerk's office re: surplus matter for property located at 460 Ocean Parkway and sent advice email to Erin Dunn on matter; also discussed pending surplus issue property located at SW 1st Avenue and sent related email to Tammy Stanzionne re: status of liens which gave rise to City's 2011 Statement of Claim. 0.70 DNT Review and revise Ocean Breeze estates utility purchase and sale agreement and Bill of Sale. 1.10 JAC onsite; agenda prep; review, revise and discuss Town Square RPQ w/TH and LL; prep for and attend P&D; review fireworks use issue; follow up regarding cemetery swap issue; review Stor-All status and Agenda item 8.80 10/26/2016 SHB Revise pet shop ordinance. Finalize SWAT team general release. 0.90 MDC Miscellaneous research on code matters 0.30 JAC review agenda items; review and discuss wireless facilities with DT and review NOI regarding same 3.20 DNT Review resolution and not for wireless communication facilities; t/c/c with Katie Hatcher re: need to include private property in resolution and NOI. 0.80 10/27/2016 JAC continue agenda review; calls with MP and AM regarding restrictive covenant; redraft RC 3.80 DNT Review title search report. 0.50 10/28/2016 SCW Review Note and revise Note and Mortgage. Draft correspondence to Octavia Sherrod. 1.60 JAC agenda prep; review published agenda for meeting; finalize restrictive covenant; review for conference with M. Rumpf and A. Mack administrator of assignments with ACA's 5.80 10/31/2016 SHB Review and revise annual art symposium agreement; follow up with Coles-Dobay. Follow up with Swanson re: audio recordings of local red light hearings. 1.00 Page 148 of 728 Page: 4 CITY OF BOYNTON BEACH 11/02/2016 ACCOUNT NO: 306-9001821 STATEMENT NO: 12696 General Matters JAC onsite office administration; attend and follow up to senior staff meeting; prep for commission meeting; conference with devel staff regarding 601 south federal and Riverwalk; Conference with with Commissioners and LL regarding Stor-All and QPODD FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE �Z� 9.50 122.80 16,165.84 16,165.84 $16,165.84 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 149 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Bank of America (Johnson, Valretta) 10/10/2016 FLN Reviewed Certificate of Sale. ACCOUNT NO STATEMENT NO 10/28/2016 FLN Reviewed Certificate of Title and file documents including Notice of Disclaimer filed; processed file for closure. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2016 306-9904887 12697 HOURS 0.10 0.50 0.60 117.00 TOTAL $117.00 117.00 $117.00 Page 150 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Olen Properties Corp., et al ACCOUNT NO STATEMENT NO HOURS 10/19/2016 SHB Attended hearing on Plaintiff's Amended Motion to Set Count I for trial by jury and to determine sequence of counts II and III to be tried. 3.80 10/20/2016 JAC review incoming pleading and order 10/21/2016 JAC review email exchange and pleading regarding bifurcation issue and n/trial 10/25/2016 JAC review pleadings and related issues FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.60 $195.00 3.80 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.30 0.70 0.60 5.40 741.00 Page: 1 11/02/2016 306-9904936 12698 1,053.00 1,053.00 $1,053.00 Page 151 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 12699 Attn: Lynn Swanson Litigation Miscellaneous HOURS 10/07/2016 SHB Receive and review evidence packet. Review ordinance. Review court docket and arrest information. Prepare and file nolle prosse; transmit to Public Defender. 1.10 10/10/2016 TAD Receipt and review of pending claims and prepare for meeting with risk director re: status and recommendations. 0.90 10/11/2016 TAD Attend meeting with city regarding claims and pre -claim issues. Review pending matters regarding response to insurance company on pending civil rights matters. Reveiw release documents re: property damage claims and prepare correspondence to the City re: same. 3.90 10/12/2016 FLN Reviewed and revised Memorandum re: surplus checks received in matter of Palm Beach Community Bank v. Lloyds of Boynton Beach re: property located at 314 W Industrial Avenue. 0.60 10/13/2016 FLN Discussed matter of PB Community Bank v. Lloyds of Boynton Beach with Barb Conboy, reviewed payment plan agreement and documents for outstanding utility amount; revised memorandum to City staff re: surplus checks and applicability to payment plan in place; Sent update email to counsel for current property owner. 1.40 10/18/2016 FLN Finalized Lloyds of BB v. PB Community Bank Memo to the City to submit with surplus checks received by office. 0.50 TAD Receipt and review of use of force report (Oatway)., Attend meeting with City Risk regarding status of claims and issues with denial of coverage. 2.60 10/25/2016 TAD Receipt and review of correspondence from City re: release documents and prepare response to same. 0.20 10/27/2016 JAC review claims letter regarding L. Jenkins; pull documents; update Risk 0.20 TAD Receipt and review of general release and property release. Revise same. Prepare correspondence to City re: revisions. 0.50 10/28/2016 TAD Receipt and review of Supervisors Incident Reports for Wester; Chemy and Kirsopp. 0.30 FOR CURRENT SERVICES RENDERED 12.20 2,418.00 Page 152 of 728 CITY OF BOYNTON BEACH Litigation Miscellaneous RECAPITULATION Page: 2 11/02/2016 ACCOUNT NO: 306-9904950 STATEMENT NO: 12699 TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.20 $195.00 $39.00 SHANA H. BRIDGEMAN 1.10 230.45 253.50 TRACEY A. DECARLO 8.40 195.00 1,638.00 FARAH L. NERETTE 2.50 195.00 487.50 Photocopies TOTAL EXPENSES THRU 10/31/2016 TOTAL CURRENT WORK BALANCE DUE 1.75 1.75 2,419.75 $2,419.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 153 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Cordeiro, Marcelo Carvalho (FBM Leasing Corp) 10/28/2016 FLN Reviewed file documents and notes; drafted and sent out closing memo. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.50 0.50 RECAPITULATION HOURS HOURLY RATE TOTAL 0.50 $195.00 $97.50 Page: 1 11/02/2016 306-9904981 12700 97.50 97.50 $97.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 154 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Reich, Jules as Trustee of Somerset Financial Group (Realty Acquisitions & Trust) 4337 Seagrape Dr., LBTS 10/10/2016 FLN Reviewed Notice of Dismissal of entire foreclosure matter. ACCOUNT NO STATEMENT NO 10/28/2016 FLN Reviewed file notes, documents, Notice of Voluntary Dismissal and proeprty appraiser records, drafted and sent Notice of File Closure. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.70 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2016 306-9905004 12701 HOURS 0.20 0.50 0.70 136.50 TOTAL $136.50 136.50 $136.50 Page 155 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson City of Boynton Beach Model Block Right of Way Acquisition ACCOUNT NO STATEMENT NO 10/10/2016 KLE Prepare for hearings; emails Mike re Collins etc; emails Brian Bull re Evans. 1.10 10/11/2016 KLE Prepare for and attend hearings; emails from and to Jesse Vance and City re OT hearing cancellation; Prep certificate of compliance to mail orders to pro se parties; email from Tom Baird re Collins; 2.70 10/13/2016 KLE Finalize notice of deposit and certificate of clerk for Newton parcel 24; emails Lori; emails Brian Bull re Evans; 0.80 10/14/2016 KLE Travel to Court to deposit funds for Parcel 24(Newton ) into Court Registry, emails to City; emails CRA. 2.90 10/19/2016 KLE Emails from Simon, Dodge and Baird; emails to Bull ; emails to and from Lori; 0.70 10/21/2016 JAC review status with KE and correspondence; prep for discussion with LL 0.30 KLE Email Bull re Evans; 0.20 10/24/2016 KLE Emails from and to Tom Baird and Ken Dodge re parcel 22 Collins; 0.30 10/25/2016 KLE Emails to and from Ken Dodge and Tom Baird re Collins; 0.40 10/27/2016 JAC review new offer with KE 0.30 KLE Email from Bull re Evans; email to City and CRA re same; 0.70 10/31/2016 KLE Review draft motion to withdraw funds and proposed agreed order re parcel 24, email to Jill Crane; 0.30 FOR CURRENT SERVICES RENDERED 10.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.60 $195.00 $117.00 KERRY L. EZROL 10.10 195.00 1,969.50 Page: 1 11/02/2016 306-9905018 12702 Photocopies 38.15 Page 156 of 728 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO City of Boynton Beach Model Block Right of Way Acquisition Postage TOTAL EXPENSES THRU 10/31/2016 Page: 2 11/02/2016 306-9905018 12702 5.55 43.70 10/11/2016 Clerk of Court - Fee for Deposit to the Court's Registry 170.00 10/11/2016 Parking - KLE 10/14/2016 Parking - KLE Parking - TOTAL ADVANCES THRU 10/31/2016 TOTAL CURRENT WORK BALANCE DUE 1.00 1.00 2.00 2,302.20 $2,302.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 157 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905021 Boynton Beach FL 33425 STATEMENT NO: 12703 Attn: Lynn Swanson adv. Wurie, Khadi (Deutsche Bank National Trust Company) 4 Las Sendas Boynton Beach, FL 33426 HOURS 10/10/2016 FLN Reviewed Plaintiffs Motion to Reschedule Foreclosure Sale set for 10/24/2016. 0.20 10/28/2016 FLN Reviewed Lien Modification Order received; noted file accordingly to reflect release of lien which was entered into before conclusion of foreclosure action. 0.40 FOR CURRENT SERVICES RENDERED 0.60 117.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.60 $195.00 $117.00 TOTAL CURRENT WORK 117.00 BALANCE DUE $117.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 158 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905127 Boynton Beach FL 33425 STATEMENT NO: 12704 Attn: Lynn Swanson adv. Boss, Lendon (RLC appeal) HOURS 10/11/2016 SHB Meeting with MDC re: motion for clarification matters. Review transcript and court orders. Review applicable rule and tolling orders. Discuss with JAC. Research re:: motion for costs. Follow up with MDC. 1.70 10/13/2016 SHB Discuss case matters with MDC. Begin drafting Motion for Clarification. 0.60 10/14/2016 SHB Research, drafting, and revision: Motion for clarification. 2.50 10/17/2016 SHB Discuss case matters with MDC. Revise, finalize and file Motions for Clarification. Receive and review Mandate. Various correspondence with JA Donna Holden re: Judge Eissey request for hearing in light of appellate ruling. 1.00 MDC Review, revise and finalize M/Clarification 1.10 FOR CURRENT SERVICES RENDERED 6.90 1,345.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 1.10 $195.00 $214.50 SHANA H. BRIDGEMAN 5.80 195.00 1,131.00 Photocopies 0.35 TOTAL EXPENSES THRU 10/31/2016 0.35 TOTAL CURRENT WORK 1,345.85 BALANCE DUE $1,345.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 159 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. (Donastor, Murat, et al.) vs. JP Morgan Chase Bank 1607 NE 4th Street, Boynton Beach, FL 33435 ACCOUNT NO STATEMENT NO 10/28/2016 FLN Reviewed file documents for status; confirmed pending Certificate of Title. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 HOURS 0.30 0.30 TOTAL $58.50 Page: 1 11/02/2016 306-9905129 12705 58.50 58.50 $58.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 160 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Jackson, Avian M. (Forfeiture) 10/11/2016 BJS t/c with William Sheshlow and follow up with Scott Harris 10/13/2016 BJS Draft correspondence to Scott Harris and update JAC 10/19/2016 BJS Follow up re: Order to Stay Proceedings FOR CURRENT SERVICES RENDERED TIMEKEEPER BRIAN J. SHERMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.50 RECAPITULATION HOURS HOURLY RATE TOTAL 1.10 $195.00 $214.50 0.30 0.30 1.10 Page: 1 11/02/2016 306-9905136 12706 214.50 $214.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 161 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. (Akyeshia C. Gums, et al.) vs. JPMorgan Chase Bank 2171 NW 1st Street, Boynton Beach, FL 33435 10/28/2016 FLN Reviewed Order on Case Management Conference; reviewed file notes. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.30 0.30 RECAPITULATION HOURS HOURLY RATE TOTAL 0.30 $195.00 $58.50 Page: 1 11/02/2016 306-9905138 12707 58.50 58.50 $58.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 162 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. (Carl, Robert E., et al.) vs. Live Well Financial Inc. 108 SW 8th Court, Boynton Beach, FL 33426 10/28/2016 FLN Reviewed file documents and confirmed status as ready to close. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.20 0.20 RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $195.00 $39.00 Page: 1 11/02/2016 306-9905155 12708 39.00 39.00 $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 163 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905156 Boynton Beach FL 33425 STATEMENT NO: 12709 Attn: Lynn Swanson adv. (Wauchope, Rohan R. et al.) vs. HSBS Bank USA 312 NW 12th Avenue, Boynton Beach, Florida 33435 10/28/2016 FLN Reviewed file documents and clerk's records to confirm status of case; as of 5/11/2016, there is a stay in matter due to Suggestion of Bankruptcy. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS TnTA I 0.40 0.40 78.00 78.00 $78.00 Page 164 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Brown, Jeffrey M. (RLC appeal) ACCOUNT NO STATEMENT NO Page: 1 11/02/2016 306-9905157 12710 HOURS 10/31/2016 SHB Receive request from Appellate Clerk for additional copies of Answer brief. Correspondence to clerk enclosing additional copies of brief. 0.30 FOR CURRENT SERVICES RENDERED 0.30 58.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.30 $195.00 $58.50 Photocopies 58.10 TOTAL EXPENSES THRU 10/31/2016 58.10 TOTAL CURRENT WORK 116.60 BALANCE DUE $116.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 165 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905159 Boynton Beach FL 33425 STATEMENT NO: 12711 Attn: Lynn Swanson adv. Spells Anderson, Valencia M. (RLC appeal) HOURS 10/17/2016 SHB Receive and review Appellate Opinion. Correspondence to Commission and Administration enclosing opinion. Transmit copy of opinion to Magistrate Stokes. 1.00 FOR CURRENT SERVICES RENDERED 1.00 195.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.00 $195.00 $195.00 Color photocopies 9.10 Photocopies 9.10 TOTAL EXPENSES THRU 10/31/2016 18.20 TOTAL CURRENT WORK 213.20 BALANCE DUE $213.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 166 of 728 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 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. (Schwartz, the Estate of Barbara, et. al.) vs The Bank of New York Mellon 320 SW 5th Avenue, Boynton Beach, FL 33435 10/18/2016 FLN Reviewed Motion to Amend FJ and Motion to Determine Obligation For Assessments due to Defendant City of Boynton and began relevant research in preparation of response to Motion. 10/21/2016 FLN Drafted email to Barb Conboy and reviewed documents received on status of docs re: to property located at 320 SW 5th Avenue. 10/31/2016 FLN Email with Third party purchaser's attorney re: scheduling of their Motion to Amend FJ; continued research on statutory liens superiority and foreclosure. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 5.90 $195.00 HOURS 2.50 1.00 2.40 5.90 TOTAL $1,150.50 Page: 1 11/02/2016 306-9905162 12712 I , I JV.JV 1,150.50 $1,150.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 167 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905165 Boynton Beach FL 33425 STATEMENT NO: 12713 Attn: Lynn Swanson adv. (Fits, Mikel Jean) vs. Federal National Mortgage Association 23 Peachtree Place, Boynton Beach, FL 33436 HOURS 10/10/2016 FLN Re -Notice of Hearing of Third Party Purchaser's Motion for Issuance of Certificate of Title and Writ of Possession and Defendant's Motion to Vacate Foreclosure Judgement. 0.30 10/28/2016 FLN Reviewed Agreed Order on Tenant's Motion to Stay Writ, which delayed execution of Writ; Reviewed Certificate of Title and file documents; drafted and sent out closing memo. 0.70 FOR CURRENT SERVICES RENDERED 1.00 195.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 1.00 $195.00 $195.00 TOTAL CURRENT WORK 195.00 BALANCE DUE $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 168 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Vestors Acquisitions, LLC (Quiet Title Action) Zheng Haibin aka Haibin Zheng ACCOUNT NO STATEMENT NO HOURS 10/03/2016 FLN Exchanged emails with Plaintiffs counsel and city staff re: status of Stipulation on Valid Governmental Liens and Surplus. 0.50 10/10/2016 FLN Reviewed and Revised Proposed Final Judgment received from Plaintiff's Counsel; Reviewed proposed Agreed Order approving Stipulation with the City; responded to Plaintiffs counsel re: both pleadings. 10/11/2016 FLN Prepared for Hearing on 10/13/2016 re: City's expected surplus recovery. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.50 $195.00 0.50 0.50 1.50 Page: 1 11/02/2016 306-9905170 12714 292.50 292.50 $292.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 169 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson City of Boynton Beach Purchase From Estate of Willie B. Collins 128 NW 11th Avenue 03/15/2016 Attorneys' Title Fund Services, LLC - Invoice 770186522 TOTAL ADVANCES THRU 10/31/2016 TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO Page: 1 11/02/2016 306-9905183 12715 80.00 80.00 80.00 80.00 $80.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 170 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Cleveland, Darren (Federal National Mortgage Association) 10/07/2016 FLN Reviewed Final Judgment documents, affidavits filed by Plaintiff. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.20 0.20 RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $195.00 $39.00 Page: 1 11/02/2016 306-9905184 12716 39.00 39.00 $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 171 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905188 Boynton Beach FL 33425 STATEMENT NO: 12717 Attn: Lynn Swanson adv. The Bank of New York Mellon Trust Company, N.A. (White, Jack) 10/10/2016 FLN Reviewed Plaintiffs Notice of Hearing with attachment; hearing on its Motion for Judicial Default against Defendant Miller Daceus FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS TnTA I Z�.sa.uu 0.20 0.20 39.00 39.00 $39.00 Page 172 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Wells Fargo Bank, N.A. (Delhomme, Zelma, et. al.) 815 6th Avenue, Boynton Beach, Florida 33426 10/03/2016 FLN Reviewed Notice of Confidential Info within filing. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.30 0.30 RECAPITULATION HOURS HOURLY RATE TOTAL 0.30 $195.00 $58.50 Page: 1 11/02/2016 306-9905195 12718 58.50 58.50 $58.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 173 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905196 Boynton Beach FL 33425 STATEMENT NO: 12719 Attn: Lynn Swanson adv. Wells Fargo Bank, N.A. (RHA 2, LLC, et al.) 10/31/2016 FLN Reviewed Plaintiffs Motion for Default against various parties incl. Town of Lantana and Royal Palm Beach; Reviewed Notice of Dropping Parties. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS TnTA I Z i a.ou 0.10 0.10 19.50 19.50 $19.50 Page 174 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO adv. Ditech Financial, LLC F/K/A Green Tree Servicing, LLC (Pulik, Robert, et al.) HOURS 10/10/2016 FLN Reviewed Notice of Hearing on Plaintiffs Motion for Judicial Default against Unknown Defendants, unknown spouse of Robert Pulik and Devon Culberson. 0.20 10/28/2016 FLN Reviewed Order Setting Residential Foreclosure Non Jury Trial. 0.10 10/31/2016 FLN Reviewed Notice of Non Jury Trial, Witness and Exhibit Lists to ensure no action is required by City. 0.20 FOR CURRENT SERVICES RENDERED 0.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.50 $195.00 $97.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 11/02/2016 306-9905201 12720 97.50 97.50 $97.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 175 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905205 Boynton Beach FL 33425 STATEMENT NO: 12721 Attn: Lynn Swanson adv. Federal National Mortgage Association (FPM Properties, LLC, et al.) 10/10/2016 FLN Reviewed Defendant Bay Hill Estates Property assoc's Notice of Payment Alllocation; reviewed Corrected summons. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS TnTA I zoo.ou 0.30 0.30 58.50 58.50 $58.50 Page 176 of 728 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 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Secured Holdings, Inc. Page: 1 11/02/2016 306-9905206 12722 HOURS 10/03/2016 JAC review emails from attys for both parties for both parties; follow up regarding insurance issue; review draft Hold Harmless; review status of SFWMD admin action; call with M. Weiner; call with Commissioner 2.60 10/04/2016 JAC review mail w/attorneys and related issues for Commission meeting discussion 1.60 10/07/2016 JAC call with M. Weiner and follow up review of permitting issue 0.90 FOR CURRENT SERVICES RENDERED 5.10 994.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 5.10 $195.00 $994.50 TOTAL CURRENT WORK 994.50 BALANCE DUE $994.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 177 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905209 Boynton Beach FL 33425 STATEMENT NO: 12723 Attn: Lynn Swanson adv. 3100 Ocean Pkwy Land Trust (Garcorp Holdings, LLC as Trustee) 10/13/2016 Parking - FLN 4.00 Parking - 4.00 TOTAL ADVANCES THRU 10/31/2016 4.00 TOTAL CURRENT WORK 1,330.00 BALANCE DUE $1,330.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 178 of 728 HOURS 10/04/2016 FLN Exchanged emails with Plaintiff's counsel re: upcoming hearing on Motion for FJ and review of proposed orders re: stipulation for surplus to City. 1.00 10/11/2016 FLN Prepared for Hearing on 10/13/2016 re: City's expected surplus recovery. 0.50 10/13/2016 FLN Attended Hearing set by Plaintiff on their Motion for FJ and Motions to accept stipulated agreement with City re: surplus funds. 4.00 10/25/2016 FLN T/C with Plaintiffs Counsel Maxine Cheeseman re: status of utility account and status of surplus disbursement; reviewed file documents; reviewed ER Motion filed re: expediting disbursement of surplus to City; drafted and sent objection email to ER Motion to Plaintiff's Counsel; Discussed matter with Tracey DeCarlo; Reviewed response email from OC. 1.30 FOR CURRENT SERVICES RENDERED 6.80 1,326.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 6.80 $195.00 $1,326.00 10/13/2016 Parking - FLN 4.00 Parking - 4.00 TOTAL ADVANCES THRU 10/31/2016 4.00 TOTAL CURRENT WORK 1,330.00 BALANCE DUE $1,330.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 178 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Susan Harris, Finance Director Lubin, Jameka Pre -D (Termination) ACCOUNT NO STATEMENT NO Page: 1 11/02/2016 306-9905217 12724 HOURS 10/17/2016 SHB Correspondence from Arbitrator and Union re: proposed arbitration dates. Discuss with Oldbury. Follow up with City witnesses re: availability. 0.60 10/18/2016 SHB Follow-up correspondence to Arbitrator re: City's availability for arbitration. 0.30 FOR CURRENT SERVICES RENDERED 0.90 175.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.90 $195.00 $175.50 TOTAL CURRENT WORK 175.50 BALANCE DUE $175.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 179 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Federal National Mortgage Association (Moskoff, Eric) 10/31/2016 FLN Reviewed Plaintiffs Motion for Order to Show Cause for Entry of Order to Make Payments During Foreclosure or Vacate Premises. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.20 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2016 306-9905227 12725 HOURS 0.20 0.20 39.00 TOTAL $39.00 39.00 $39.00 Page 180 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Captain Jim, LLC (Village Royale Condominium Association, Inc.) Quiet Title 10/21/2016 JAC review pleading/default; check court docket FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.20 0.20 RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $195.00 $39.00 Page: 1 11/02/2016 306-9905228 12726 39.00 39.00 $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 181 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson v. Payne, Cody (Forfeiture of $18,719.00 in U.S. Currency) ACCOUNT NO STATEMENT NO lmr bra 10/11/2016 BJS t/c with Scott Harris, t/c with Bobby Gentile 0.20 10/17/2016 BJS Review and draft follow up correspondence with Scott Harris and Bobby Gentile 0.50 10/18/2016 BJS t/c with Bobby Gentile re: Settlement 0.30 10/19/2016 BJS Draft update correspondence to Scott Harris 0.30 10/20/2016 BJS t/c with Bobby Gentile re: Settlement 0.50 10/21/2016 BJS t/c with Bobby Gentile re: Settlement 0.30 10/22/2016 BJS t/c with Bobby Gentile and Scott Harris re: Settlement with updates to JAC 0.60 10/24/2016 BJS Review forfeiture settlement and draft correspondence to Bobby Gentile re: Settlement 0.30 10/28/2016 BJS t/c with Bobby gentile re: Settlement 0.30 FOR CURRENT SERVICES RENDERED 3.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 3.30 $195.00 $643.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 11/02/2016 306-9905231 12727 643.50 643.50 $643.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 182 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson v. Emily Claire Baker ACCOUNT NO STATEMENT NO HOURS 10/11/2016 SHB Receive and review evidence packet and case information. Draft settlement offer letter to defendant. 0.70 10/13/2016 SHB Telephone conference with Rudman re: case settlement matters. 10/24/2016 SHB Attend case disposition hearing at Delray courthouse. Discuss case matters with attorney Rudman. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 2.70 $195.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.30 1.70 2.70 TOTAL $526.50 Page: 1 11/02/2016 306-9905238 12728 526.50 $526.50 Page 183 of 728 LAW OFFICES RICHARD A. PURDY (1941-2002) City of Boynton Beach Attn: Julie Oldbury, Dir. of Human Resources Risk Mgmt 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 in Reference To: Byron Harris v. City of Boynton Beach, etc., et al.ITax I.D. No. 65-0001946 STATEMENT FOR LEGAL SERVICES RENDERED FACSIMILE (954) 462.3861 TOLL FREE (8M) 741.3306 T-Telophenc C -Conference D -Dictation P -Preparation A -C ce R -Research N/C-No Charge V -Travel 10/3/2016 BWJ 2455 EAST SUNRISE BOULEVARD, SUITE 1216 0.10 16.50 FORT LAUDERDALE, FLORIDA 33304 BRUCE W. JOLLY TELEPHONE (954)462-3200 RICHARD A, GIUFFREDA receive correspondence from attorney Reynolds with SUMMER M. BARRANCO ADRIANA M, ASA CHRISTY M. RUNUES attend depo/telephonically of Sgt Aiken MATTHEW J. WILDNER November 02, 2016 GREGORY J. JOLLY 0.90 16.50 RICHARD A. PURDY (1941-2002) City of Boynton Beach Attn: Julie Oldbury, Dir. of Human Resources Risk Mgmt 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 in Reference To: Byron Harris v. City of Boynton Beach, etc., et al.ITax I.D. No. 65-0001946 STATEMENT FOR LEGAL SERVICES RENDERED FACSIMILE (954) 462.3861 TOLL FREE (8M) 741.3306 T-Telophenc C -Conference D -Dictation P -Preparation A -C ce R -Research N/C-No Charge V -Travel 10/3/2016 BWJ receive and reply electronic messages re 1014 depo 0.10 16.50 10/4/2018 BWJ receive electronic message re 1016 depo cancellation; 2.30 379.50 receive correspondence from attorney Reynolds with Motion to Strike Witness (Edwards); prepare and attend depo/telephonically of Sgt Aiken 10/7/2016 BWJ -receive depo cancellation ntcJChief 0.90 16.50 10/11/2016 BWJ receive depo ntce (10/18)(Heller); telephone attorney 0.30 49.50 Schwartz; receiive and reply electronic message attorney Reynolds 10112/2016 BWJ `receive Medeiros Ntc of Supplemental disclosure; 0.50 82.50 receive King depo ntc (1019); receive OTSC (DE 102); receive City's Response to 4th Request to Produce 10/15/2015 BWJ receive Order (DE 104) with attachment 0.10 16.50 BWJ receive correspondence attorney Reynolds (10/11) 0.10 16.50 10/17/2016 BWJ receive correspondence attorney Reynolds (10/3) with 1.00 165.00 witness Joyner materials; receive correspondence attorney Reynolds with addendum to Dr. Zeide report; receive City's Supplement Response to Request to Produce (1013)( training records, bulletins); review City's Ntc/Co m pl iance (10110); receive depo cancellation ntc (Tiscione) and depo nice (White) Page 184 of 728 Byron Harris v. City of Boynton Beach, etc., et aI.ITax: Page 3 I.D. No. 65-0001946 Hours Amount 10/18/2016 BWJ receive depo ntc (Dep McCutchon); receive electronic 0.20 33.00 messages re depo scheduling for 10/18-10/20 BWJ receive and reply electronic messages re 10119 and 0.40 66.00 10/20 depos; receive Mediation ntc (10118); elctronic message attorney Reynolds, receive reply and respond; electronic message to client (2) GJJ Appear and attend telephonic deposition of fact 0.80 132.00 witness Deputy Kristopher King 10/19/2016 BWJ receive Minutes and Order re RISC/Braswell, 3.30 544.50 receive and reply electronic messages re 10/19 depo;s and 10120 depos; prepare for Mack depo (cancelled) prepare and attend (by telephone) Henfiled depo; receive mediation confirmation; receive and reply to correspondence formn attory Reynolds; electronic messge to client; prepare for and attend Dames depo 10/21/2016 BWJ receive Moton (DE 110) 0.20 33.00 BWJ receive BB's Supplemental Response/3rd REquest to 0.40 66.00 Prdc; receive Martinez expert witness disclosure, Ntc of Adoption; receive Re-Ntc of Cheifs depo 10/24/2016 BWJ receive Orders (De 111, 112); receive electronic 0.70 115.50 messages attorneys re 10124 depo; receive Harris errata sheet; receive BB's Notices of Compliance (employment rcrds, medical rcrds) CB Reviewed the two assessments to determine mental 0.90 45.00 competency to stand trial of Byron Harris as a minor and as an adult, in order to prepare a summary for attorney Bruce W. Jolly. CB Drafted summary of the evaluations assessment to 0.60 30.00 establish Byron Harris mental competency to stand that, as requested by attorney Bruce W. Jolly. 10/25/2016 BWJ receive and reply electronic messages all defense 0.20 33.00 counsel re pretrial motions BWJ receiive defendant City's Motions in Limine and 2.00 330.00 Memos (DE 113, 114, 115, 116, 117, 118) and Plaintiffs Motions in Limine (DE 119, 120,121,122, 123, 124, 125, 126); electronic messages attorneys re 10127 mediation; receive updated Notice of Mediation 10/26/2016 BWJ review pretrial motions of Herny, BB, Medeiros, 8.00 1,320.00 Plaintiff; prepare, travel (Ft Laud-PBSO-Ft Laud) attend mediation at PBSO Jail Page 185 of 728 Byron Harris v, City of Boynton Beach, etc., et al./Tax Page 3 No.65-0001946 10/29/2016 BWJ receive depo ntc (Val) and depo cancellation ntc (Val) 0.50 82.50 receive Order (DE 143); electronic status report to Amount Maiorino; receive Minutes from RTSC hearing; 20,40 receive Mediator report; receive executed settlement $3,366.00 agreement 1.50 FOR PROFESSIONAL SERVICES RENDERED 22.70 $3,573.00 ADDITIONAL CHARGES: 0.80 10/1!2016 U.S. Legal Support, Inc. - exhibits to depos of officer Justin Harris and 67.55 Joseph DeGuilio U.S. Legal Support - exhibits for depos of Kelly Harris and Robin Eichorst 54.95 U.S. Legal Support, Inc. - exhibits to depos of Stephanie Slater and Officer 18.55 Alfred Martinez U.S. Legal Support, Inc. - exhibits to depos of Cynthia Rivera and Charles 53.15 Ramos U.S. Legal Support, Inc, - exhibits to depo of Jeffrey Williams 28.25 U.S. Legal Support, Inc. - exhibit to depo of Jeffrey Katz 81.90 10/31/2016 Bruce Jolly - mileage 51,$4 Photocopies 224,30 PACER 131.10 Total costs $711.59 Total amount of this bill $4,284.59 Previous balance $9,527.74 10/31/2016 Payment -thank you ($9,927.74) Total payments and adjustments ($9,927.74) Balance due $4,284.59 Name Hours ate Amount Bruce oly 20,40 165.00 $3,366.00 Cecilia Brea 1.50 50.00 75.00 Gregory J, Jolly 0.80 165.00 $132.00 Page 186 of 728 OLDS & STEPHENS, P.A. 312 Eleventh Street P. O. Box 4523 West Palm Beach, FL 33401 Invoice submitted to: Julie Oldbury, Director Human Resources & Risk Management City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 November 04, 2016 In Reference To: Clientllnsured: City of Boynton Beach Claimant: Byron Harris Claim No.: Date/Loss: August 20, 2014 Invoice # 9308 TAXPAYER I.D. O.: 65-0385869 Professional Services 10/1/2016 DS Worked on summary judgment motion's statement of material facts 10/3/2016 Continued working on summary judgment motion IDS Review and preparation for attending Sgt. Aiken's deposition 10/4/2016 DS Attendance at Sgt. Aiken's deposition DS Receipt and review of deposition notices and subpoenas DS Worked on Motion for Summary Judgment Hrs/Rate Amount 2.50 412.50 165.001hr 3.00 495.00 165.001hr 2.40 396.00 165.00/hr 2.60 429.00 165.001hr 0.20 33.00 165.00/hr 1.10 181.50 165.00/hr Page 187 of 728 Julie Oldbury, Director Pae 2 Hrs/Rate Amount 10/5/2016 Reviewed and analyzed Jeffrey Braswell's 3.30 544.50 statements to F.B.I. and Boynton Beach Police, as 165.00/hr well as his deposition for summary judgment motion IDS Continued reviewing Jeffrey Braswell's deposition 1.40 231.00 transcript 165.00/hr IDS Updated statement of material facts in summary 0.80 132.00 judgment motion 165.00/hr 10/9/2016 DS Review and analysis of Jeffrey Williams' F.B.I. and 2.70 445.50 deposition testimony 165.00/hr DS Review and analysis of Officer Cynthia Rivera's 2.30 379.50 deposition testimony 165.00/hr 10/10/2016 DS Updated statement of material facts supporting 0.90 148.50 summary judgment motion 165.00/hr S Worked on summary judgment motion 1.50 247.50 165.00/hr S Worked on statement of materials facts 2.60 429.00 165.00/hr IDS Reviewed Ashley Hill's testimony 1.70 280.50 165.00/hr 10/11/2016 LO Began review of Complaint for research purposes 0.80 132.00 (.80) 165.00/hr IDS Reviewed Ashley Hill's testimony 2.80 462.00 165.00/hr IDS Reviewed Ashley Hill's testimony 2.00 330.00 165.00/hr DS Worked on statement of material facts 1.40 231.00 165.00/hr Page 188 of 728 Julie Oldbury, Director page 3 Hrs/Rate Amount 10/12/2016 LO Researched Motion to Sever Herny from other 2.50 412.50 officers (2.50) 165.00/hr DS Worked on statement of material facts for 1.50 247.50 summary judgment motion 165.00/hr DS Reviewed discovery received from City of Boynton 2.30 379.50 165.00/hr DS Reviewed client's deposition transcript 3.10 511.50 165.00/hr DS Receipt and review of Order requiring Jeff 0.10 16.50 Braswell to show cause 165.00/hr 10/13/2016 LO Continued research on severance issue (1.30) 1.30 214.50 165.00/hr DS Reviewed summary judgment standard case law 2.80 462.00 165.00/hr DS Completed first complete draft of Statement of 1.90 313.50 Material Pacts supporting summary judgment 165.00/hr motion DS Receipt and review of letter from Dr. Rapp 0.10 16.50 165.00/hr ML Drafted Request for Copies to City of Boynton 0.30 24.00 Beach 80.00/hr 10/14/2016 LO Review and preparation for six depositions set for 2.80 462.00 October 18, 2016 (2.80) 165.00/hr LO Began review and preparation for October 20, 1.80 297.00 2016, depositions (1.80) 165.00/hr DS Receipt and review of deposition re -notices, 0.20 33.00 cancellations, and subpoenas 165.00/hr Page 189 of 728 Julie Oldbury, Director Page 4 Hrs/Rate Amount 10/17/2016 LO Continued review of records in preparation for 2.00 330.00 depositions on October 18 and 20, 2016, (2.0) 165.00/hr DS Receipt and review of emails re: status of 0.30 49.50 depositions this week 165.00/hr DS Worked on summary judgment motion and 1.60 264.00 Memorandum of Law 165.001hr 10/18/2016 LO Attended depositions/No shows; Rescheduled 1.50 247.50 (1.50) (Waited for Dr. Armati) 165.001hr LO Attended deposition Dr. Heller and Deputy Sheriff 3.50 577.50 Knight (11:40 - 3:10) (3.50) 165.001hr DS Worked on Summary Judgment Memorandum of 3.80 627.00 Law 165.00/hr DS Reviewed case law for Summary Judgment 3.50 577.50 Memorandum of Law 165.001hr VO Attendance at hearing on Order requiring Braswell 9.00 165.00 to show cause why he should not be held in 165.00/hr contempt VO Preparation and review for hearing on Order to 0.50 82.50 Show Cause as to Jeffery Braswell 165.001hr 10/19/2016 LO Reviewed for Tiesha Mack's deposition and others 1.00 165.00 (1.0) 165.00/hr LO Attended depositions for Tiesha Mack and 2.70 445.50 Henfield (9:40 -12:10) 165.00/hr LO Attended deposition of Rev. Dames (2:20 - 4:00) 1.50 247.50 (1.50) 165.00/hr DS Worked on Summary Judgment Memorandum of 4.30 709.50 Law 165.00/hr Page 190 of 728 Julie Oldbury, Director Page 5 Hrs/Rate Amount 10/19/2016 DS Reviewed case law for preparing Memorandum of 3.60 594.00 Law supporting Motion for Summary Judgment 165.00/hr 10/20/2016 LO Review and preparation for Dr. Adam White's 1.50 247-50 deposition; Reviewed for Dr. Beauzile's deposition 165.00/hr (1.50) LO Attended depositions for Dr. Adam White, D/S 4.50 742.50 McCutchen, and Dr. Beauzile (11:30 - 4:00) (4.50) 165.00/hr DS Continued working on Summary Judgment Motion 3.70 610.50 and Memorandum of Law 165.00/hr DS Researched and reviewed case law re: forcible 4.50 742.50 felony defense 165.00/hr 10/21/2016 LO Reviewed deposition notes and dictated 2.00 330.00 summaries of October 20, 2016, depositions (2.0) 165.00/hr LO Reviewed deposition notes and dictated 1.00 165.00 summaries of October 18, 2016, depositions (1.0) 165.00/hr LO Attended deposition of Officer Thomas (2:40 - 1.20 198.00 4:00) 165.00/hr DS Continued working on Summary Judgment Motion 2.60 429.00 and Memorandum of Law 165.00/hr DS Receipt and review of unopposed Motion to 0.20 33.00 Transport, as well as the Proposed Order attached 165.00/hr DS Completed second draft of summary judgment 1.40 231.00 motion 165.00/hr DS Reviewed discovery records received pursuant to 1.00 185.00 City of Boynton's Notice of Compliance, dated 165.00/hr October 11, 2016 DS Reviewed summary judgment draft 0.90 148.50 165.00/hr Page 191 of 728 Julie Oldbury, Director Page 6 Hrs/Rate Amount 10/24/2016 LO Attended deposition of Sgt. Jason Llopis (1.0) 1.00 165.00 165.00/hr LO Attended deposition of Chief Katz and Sgt. Llopis 3.00 495.00 (12:40 - 3:40) (3.0) 165.00/hr DS Finalized summary judgment motion 1.60 264.00 165.00/hr IDS Reviewed additional summary judgment case law 3.80 627.00 and made additional arguments in summary 165.00/hr judgment motion DS Review and preparation for attending Mediation 3.00 495.00 165.00/hr 10/25/2016 DS Reviewed City of Boynton's Motion for Summary 1.30 214.50 Judgment and Statement of Material Facts 165.00/hr IDS Reviewed Justin Harris' Motion for Summary 1.20 198.00 Judgment and Statement of Material Facts 165.00/hr IDS Review and analysis of all Motions in Limine filed 1.50 247.50 on Behalf of the City of Boynton 165.00/hr IDS Review and analysis of all Motions in Limine filed 1.70 280.50 by Plaintiff 165.00/hr 10/26/2016 DS Attendance at Mediation 6.30 1,039.50 165.00/hr IDS Receipt and review of email re: settlement 0.20 33.00 agreement and forwarded same to client and his 165.001hr personal attorney IDS Various telephone conferences with client's 0.30 49.50 personal attorney re: settlement 165.00/hr 10/27/2016 DS Telephone conference with client re: mediation 0.20 33.00 and case status 165.00/hr Page 192 of 728 Julie Oldbury, Director 10/27/2016 DS Receipt and review of mediation report VO Attendance at rescheduled hearing on Order requiring Jeffery Braswell to show cause why he should not be held in contempt of court For professional services rendered Previous balance 10/16/2016 Payment - thank you. Check No. #9291 11/1/2016 Credit Total payments and adjustments IM, M. IMM4Rig Hrs/Rate 0.10 165.00/hr 1.50 165.00/hr 138.70 247.50 $22,860.00 $19,460.39 ($19,460.39) 1$388.89) ($19,849.28) $22,471.11 Hours Rate Amount 35.60 0$5,874.00 0 $24.00 3.00 165.00 $495.00 99.80 165.00 $16,467.00 Page 193 of 728 Page 194 of 728 MATRIX Involoce MEDIATION 1655 Palm Beach Lakes Boulevard Date invoice # Suite 700, The Forum West Palm Beach,FL 33401 10/26/2016 107066 Phone: 561.340.3500 Fax: 561.242.2821 --- -- Accounts Inquiry: marta@matrlxmediation.com Don Stephens, Esquire Olds & Stephens PA 312 11 th St WE TAKE ALL MAJOR West Palm Beach, Florida 33.401 CREDIT CARDS Phone (561) 832-6814 Fax (561) 832-4766 Claim File # Type Tax ID Terms 134351949 Due upon receipt Hours Description Rate Amount 0 BRYON HARRIS VS. CITY OF BOYNTON BEACH, MICHAEL BROWN, 0.00 MATTHEW MEDEIROS, STEPHEN MAIORINO, RONALD RYAN, JUSTIN HARRIS, CORY HERNY, ALFRED MARTINEZ 0 D obo 0 Mediation Services of Patrick Massa rendered'. OCTOBER 26, 2016 55.5566 0.00 This invoice for mediation services represents your portion f 1 /9) of the total hours being billed at the rate of $500.00 per hour. 0 PLEASE PAY INVOICE ON OR BEFORE: OCTOBER 17, 2016 0.00 0 PARTIES MAY CALL WITH CREDIT CARD INFORMATION TO RENDER PAYMENT 0.00 BEFORE THE DAY OF MEDIATION. 0 "THIS INVOICE IS SPLIT BETWEEN 9 PARTIES / THIS IS YOUR PORTION' 0.00 0 HOLDING CK 0.00 Thank you for using Matrix Mediation. Please reference invoice number with payment. Total $0.00 Customer Payment Policy: All payments must be received by Matrix Medlatlon,LLC. within 30 days of the date of the Invoice. Any payments received atter said date will be subject to a late Interest fee of 1 1/2% per month. The customer $11all also be responsible for all attorney's fees, court cost, and related expenses Incurred In the event that the payment Is not timely made and proceedings are brought by Matrix Medlatlon,LLC. to collect sums owed. Page 195 of 728 MATRIX MEDIATION 1655 Palm Beach Lakes Boulevard Suite 700, The Forum West Palm Beach,FL 33401 Phone: 561.340.3500 Fax: 561.242.2821 Don Stephens, Esquire Olds & Stephens PA 312 11 th St West Palm Beach, Florida 33401 Phone (561) 832-6814 Fax (561) 832-4766 *E TAX ALL MAJOR C RE DIT CARDS Claim # File e # Type Tax ID Terms 13-4351949 Due upon receipt Hours Description Rafe Amount 0 BRYON HARRIS VS. CITY OF BOYNTON BEACH, MICHAEL BROWN, 0.00 MATTHEW MEDEIROS, STEPHEN MAIORINO, RONALD RYAN, JUSTIN HARRIS, CORY HERNY, ALFRED MARTINEZ 0 D obo 0 Mediation Services of Patrick Massa rendered: OCTOBER 26, 2016 55.5555 0.00 This invoice for mediation services represents your porflon (1 /7) of the total hours being billed at the rate of $500.00 per hour. 0 PLEASE PAY INVOICE ON OR BEFORE: OCTOBER 17, 2016 0.00 0 PARTIES MAY CALL WITH CREDIT CARD INFORMATION TO RENDER PAYMENT 0.00 BEFORE THE DAY OF MEDIATION. 0 "THIS INVOICE IS SPLIT BETWEEN 9 PARTIES / THIS IS YOUR PORTION" 0.00 0 HOLDING CK 0.00 Thank you for using Matrix Mediation, Please reference invoice number with payment, oto 1 $0.00 Customer Payment Policy: All payments must be received by Matrix Medlation,11.1I.C. within 30 days of the date of the Invoice. Any payments received after sold date will be subject to a late interest fee of 1 1/2% per month. The customer shall also be responsible for all attorney's fees, court cost, and related expenses Incurred In the event that the payment Is not timely made and proceedings are brought by Matrix Medlation,11.1I.C. to collect sums owed. Page 196 of 728 'F! Glades Road Suite 251 Boca November 1, 2016 City of Boynton Beach Julie Oldebury Director of Human Resources and Risk Management 100 E Boynton Beach Blvd, Boynton Beach„ FL 33425 USA In Reference To:Byron J. Harris v. City of Boynton Beach Invoice # 6244 Re: Officer Matthew Medeiros Federal ID # Email Invoice to Julie at City of Boynton Beach 20-338-5521 oldburyj@bbfl.us For Professional Services Rendered: Hours Amount 10/3/2016 GO Preparation for deposition of Sedrick Aiken 1.50 247,50 HL Receipt and review Notice of Continuation of Video Deposition DT 0.10 16.50 scheduled for October 6, 2016 at 1:30pm. GO preparation for deposition of Cedrick Aiken by reviewing information in 2.60 429.00 Broberg file, deposition testimony in the instant case, researching Aiken and the training documents produced and raised in depositions, and in the expert reports and deposition testimony, and outline matters to address in deposition 10/4/2016 GO prepare for and attend deposition of Sergeant Sedrick Aiken 3.00 495.00 GO Review and analyze Major Kelly Harris deposition transcript for 0.40 66.00 corroboration or refutation of Sergeant Sedrick Aiken's testimony about the video HL Receipt and review correspondence from Lyman Reynolds, Jr., Esq. with 0.60 99.00 draft Motion to Strike Charlene Edwards as a Witness and requesting review of the motion and to advise if all are in agreement to submit an Agreed Order to the Court for execution. HL Receipt and review expert Chuck Joyner's presentation, "Use of Force and 2.10 346.50 Liability" and the published Policeone.com articles he has written. 10/5/2016 HL Receipt and review Notice of Cancellation of Deposition of Chief Jeffrey 0.10 16.50 Katz scheduled for October 6, 2016, HL Receipt and review Defendant, City of Boynton Beach's Supplemental 2.60 429.00 Response to Plaintiffs Request to Produce. HL Receipt and review correspondence from Lyman Reynolds, Jr., Esq. 0.10 16.50 regarding the Addendum to the CME Report pertaining to Byron Harris received from defense expert, Dr. Michael Zeide. HL Receipt and review Addendum to Dr. Michael Zeide's CME Report 0.10 16.50 pertaining to Byron Harris. HL Receipt and review Second Re -Notice of Taking Deposition DT of Dr. Carol 0.10 16.50 Adam! scheduled for October 18, 2016 at 9:00a.m. HL Receipt and review Second Re -Notice of Taking Deposition DT of Dr. 0.10 16.50 Brianna Garrett scheduled for October 18, 2016 at 10:00a.m. HL Receipt and review Notice of Taking Deposition DT of Dr. Maged Habib 0.10 18.50 scheduled for October 18, 2016 at 11:00a.m. 561-826-2800 Page 197 of 728 City of Boynton Beach 2 10/5/2016 HL Receipt and review Notice of Taking Deposition DT of DIS McCutchen 0.10 16.50 #8734 scheduled for October 18, 2016 at 1:00p.m. HL Receipt and review Notice of Taking Deposition DT of DIS K. Knight #1719 0.10 16.50 scheduled for October 18, 2016 at 2:00p.m. HL Receipt and review Notice of Taking Deposition DT of DIS Sanjeev 0.10 16.50 Ramasawmi #1503 scheduled for October 18, 2016 at 3:00p.m. HL Receipt and review Re -Notice of Taking Deposition of Tiesha Mack 0.10 16.50 scheduled for October 19, 2016 at 10:00a.m. HL Receipt and review Re -Notice of Taking Deposition of Clifford Henfield 0.10 16.50 scheduled for October 19, 2016 at 11:00a.m. HL Receipt and review Notice of Taking Deposition of Cornelius Edwards 0.10 16.50 scheduled for October 19, 2016 at 1:00p.m. HL Receipt and review Notice of Taking Deposition of Henry Michael Edwards, 0.10 16.50 II scheduled for October 19, 2016 at 2:00p.m. HL Receipt and review Re -Notice of Taking Deposition of Rev. Richard Dames 0.10 16.50 scheduled for October 19, 2016 at 3:00p.m. HL Receipt and review Notice of Taking Deposition DT of Dr. Phil Heller 0.10 16.50 scheduled for October 20, 2016 at 9:00a.m. HL Receipt and review Notice of Taking Deposition DT of Dr. Magid Shams 0.10 16.50 scheduled for October 20, 2016 at 10:00a.m. HL Receipt and review Notice of Taking Deposition DT of Dr. Adam White 0.10 16.50 scheduled for October 20, 2016 at 11:00a.m. HL Receipt and review Notice of Taking Deposition DT of Nicholas Tiscione 0.10 16.50 scheduled for October 20, 2016 at 1:00p.m. HL Receipt and review Notice of Taking Deposition DT of Dr, Garry Beauzile 0.10 16.50 scheduled for October 20, 2016 at 2:00p.m. HL Receipt and review Notice of Taking Deposition of Jessica Val scheduled for 0.10 16.50 October 20, 2016 at 3:00p.m. GO Receipt and review Addendum to the CME Report from Dr. Michael Zeide. 0.20 33.00 10/10/2016 HL Receipt and review Defendant, City of Boynton Beach's Notices of 1.90 313.50 Compliance to Defendants, Matthew Medeiros, Stephen Maiorino, Ronald Ryan and Cory Herny's Request for Copies with records from Dr. Phil Heller, Dr. Jonathan Rapp and Cafe Madrid, LC. 10/11/2016 HL Receipt and review Re -Notice of Taking Deposition DT of Dr. Phil Heller 0.10 16.50 rescheduling deposition to October 18, 2016. HL Prepare Defendant, Matthew Medeiros' Notice of Adopting Defendant, City 0.20 33.00 of Boynton Beach's Supplemental Rule 26 Disclosures. 10/1312016 HL Receipt and review Notice of Taking Deposition of Darion King scheduled 0.10 16.50 for October 19, 2016 at 9:00am. HL Receipt and review Defendant, City of Boynton Beach's Response to 0.20 33.00 Plaintiff's Fourth Request to Produce. HL Receipt and review Defendant, Cory Herny's Request for Copies to 0.10 16.50 Defendant, City of Boynton Beach's Notice of Production from Non -Party dated September 16, 2016. HL Receipt and review correspondence from Jonathan Rapp, Ph.D. to Lyman 0.10 16.50 Reynolds, Esq. that was filed with the court. HL Receipt and review Paperless Order noting letter from Jonathan Rapp, 0.10 16.50 Ph.D. was filed, the Court reviewed the letter and determined that no action on the Court's part is required. Page 198 of 728 City of Boynton Beach 10/14/2016 HL Receipt and review Defendant, City of Boynton Beach's Notice of 1.20 198.00 Compliance to Defendants, Matthew Medeiros, Cory Herny, Justin Harris and Stephen Maiorino's Request for Copies and copies of records from Delray Medical Center, School District of Palm Beach County and Wayne Barton Study Center. HL Receipt and review Notice of Cancellation of Deposition of Nicholas 0.10 16.50 Tiscione scheduled for October 20, 2016. HL Receipt and review Re -Notice of Taking Deposition of Dr. Majid Shams 0.10 16.50 changing time from 10:00am to 1:00pm on October 20, 2016. 1011$12016 HL Receipt and review Notice of Mediation filed scheduling mediation October 0.10 16.50 26, 2016. HL Receipt and review Clerks Notice to Filer re Notice. Wrong Event Selected; 0.10 16.50 Error - filer selected wrong event, was re -docketed by Clerk. HL Receipt and review Notice of Mediation Hearing. Mediation Hearing set for 0.10 16.50 10126116, 10:00am. HL Travel to and from Federal Court in WPB and attendance at Rule to Show 2.50 412.50 Cause hearing regarding Jeffrey Braswell HL Receipt and review Minute Entry for proceedings held before U.S. 0.10 16.50 Magistrate Judge Dave Lee Brannon: In Person Show Cause Hearing October 18, 2016. Jeffrey Braswell did not show up for the hearing. The court will reschedule by separate Order. HL Receipt and review Notice of Taking Videotaped Deposition of Sgt. Jason 0.10 16.50 Llopis on October 24, 2016 at 10:00am. HL Receipt and review Re -Notice of Continuation of Video Deposition DT of 0.10 16.50 Chief Jeffrey S. Katz on October 24, 2016 at 1:00pm. GO Receipt and review Defendant, Alfred Martinez's Notice of Adopting 0.10 16.50 Co -Defendant, City of Boynton Beach's Supplemental Disclosures pursuant to FRCP 26(e). GO Receipt and review Defendant, Alfred Martinez's Expert Witness Disclosure. 0.10 16.50 GO Receipt and review Notice of Mediation. 0.10 16.50 HL Receipt and review Defendant, Alfred Martinez's Expert Witness Disclosure 0.10 16.50 disclosing expert Charles R. Joyner. HL Receipt and review Defendant, Alfred Martinez's Notice of Adopting 0.10 16.50 Co -Defendant, City of Boynton Beach's Supplemental Disclosures Pursuant to FRCP 26(e). GO attend depositions of Phil Heller and Deputy Knight 3.70 610.50 10/19/2016 HL Receipt and review Order Resetting Show Cause Hearing Requiring Jeffery 0.10 16.50 Braswell to Show Cause Why He Should Not be held in Contempt of Court. Reset hearing to October 27, 2016 at 3:30pm. HL Receipt and review correspondence from Lyman H. Reynolds, Esq. 0.20 33.00 discussing Mediation scheduled for October 26, 2016 advising all Defendants and their counsel are invited to attend but due to scheduling conflicts all agreed that attendance of all individual Defendants and their counsel is not mandatory. Also discussed if Palm Beach County Jail is unable to accommodate the mediation it could possibly be held at the Federal Courthouse in Palm Beach. HL Receipt and review Defendant, City of Boynton Beach's Supplemental 0.10 16.50 Response to Plaintiffs Third Request to Produce with a photocopy of CD to be mailed in response. GO attend deposition of Alex (Clifford) Henfield 1.30 214,50 Page 199 of 728 City of Boynton Beach z- � 3s _ _ .- IJ. + 10/2012016 HL Receipt and review Notice of Taking Videotaped Deposition of Officer Ray 0.10 16.50 Thomas on October 21, 2016 at 3:00pm. HL Receipt and review Defendant, City of Boynton Beach's Notices of 0.30 49.50 Compliance to Defendants, Matthew Medeiros, Michael Brown, Justin Harris, Cory Herny, Stephen Maiorino, and Plaintiff, Byron Harris' Requests for Copies. GO attend deposition of Deputy McCutcheon 2.30 379.50 GO attend deposition of Dr. Adam White 1.20 198.00 GO attend deposition of Dr. Garry Beauzile 1.30 214.50 10/21/2016 HL Receipt and review Plaintiff, Harris' Errata Sheet. 0.20 33.00 HL Receipt and review documents produced by Defendant, City of Boynton 2.20 363.00 Beach in response to our Request for Copies including records from SFL Tenet Healthcare, Corizon Health, Delray Beach Fire Rescue, Burger King, The School District of Palm Beach County, Delray Medical Center and Wayne Barton Study Center. HL Receipt and review Plaintiffs Unopposed Motion for Transport for Purposes 0.30 49.50 of Mediation. HL Receipt and review Paperless Order Referring for appropriate disposition 0.10 16.50 Plaintiffs Unopposed Motion for Transport for Purposes of Mediation. 10/24/2016 HL Receipt and review Paperless Order: Having been advised that the federal 0.10 16.50 courthouse is not available as a venue for the parties' private mediation and having been further advised that Plaintiffs counsel will seek out an alternative venue, the Court denies as moot Plaintiffs Unopposed Motion for Transport for Purposes of Mediation. HL Draft Motion for Extension of Time regarding the filing of a dispositive motion 0.30 49.50 HL Preparation of Defendant, Matthew Medeiros' Motion for Extension of Time 0.20 33.00 to File Dispositive Motions until November 4, 2016. HL Receipt and review Paperless Order granting Defendant, Matthew Medeiros' 0.10 16.50 Motion for Extension of Time to File Dispositive Motions until November 4, 2016, HL Receipt and review Defendant, City of Boynton Beach's Motion in Limine to 0.30 49.50 Exclude Testimony about the Trial of Ex -Officer Stephen Maiorino with Incorporated Memorandum of Law with Exhibit. HL Receipt and review Defendant, City of Boynton Beach's Motion in Limine to 0.40 66.00 Exclude Testimony of Plaintiff Byron Harris, Jr. with Incorporated Memorandum of Law with Exhibits. HL Receipt and review Defendant, City of Boynton Beach's Motion in Limine to 0.30 49.50 Exclude Leif Broberg's Testimony about Alleged Cover ups and Retaliation with Incorporated Memorandum of Law with Exhibits. GO attend telephonically deposition of Sgt . Llopes (2x) 1.70 280.50 GO attend telephonically deposition of Chief Katz (continuation), and prepare 1.60 264.00 summary of both depositions to use in trial preparations and motions 10/25/2016 HL Receipt and review Defendant, Cory Herny's Amended Statement of 0.40 66.00 Material Facts. HL Receipt and review Defendant, City of Boynton Beach's Motion in Limine to 0.20 33.00 Exclude References to Ferguson Protests and Alleged Police Brutality in other Jurisdictions with Incorporated Memorandum of Law with Exhibits. HL Receipt and review Defendant, City of Boynton Beach's Motion in Limine to 0.40 66.00 Exclude Alleged Prior Bad Acts of the Boynton Beach Police Department with Incorporated Memorandum of Law with Exhibits. Page 200 of 728 City of Boynton Beach �i 10/25/2016 HL Receipt and review Defendant, City of Boynton Beach's Motion in Limine to 0.50 82.50 Exclude Statements about Alleged BBPD Misconduct, and Other Claims by Ashley Hill with Incorporated Memorandum of Law with Exhibits, HL Receipt and review Plainitffs First Motion in Limine to Exclude Evidence of 0.30 49.50 Byron Harris, Jr.'s Prior Criminal Background/Convictions/Past Bad Acts. HL Receipt and review Plainitff s Second Motion in Limine to Exclude any 0.20 33.00 Testimony from any of Defendants' Expert Witnesses as to the Credibility or Candor of the Plaintiff or Other Witnesses. HL Receipt and review Plaintiffs Third Motion in Limine to Preclude Defendant's 0.20 33.00 Medical Expert, Dr. Michael Zeide, should be Precluded from Testifying as to Plaintiffs Mental State. HL Receipt and review Plaintiffs Fourth Motion in Limine to Preclude 0.20 33.00 Defendants' Police Practices Expert, Charles Joyner, from Offering Any Testimony or Other Evidence Regarding Plaintiffs 1983 Monell Claim, as his Expert Report does not Include any Reference to Monell Claims, nor does his Deposition Testimony Reference his Opinions on Monell in this Matter. HL Receipt and review Plaintiffs Fifth Motion in Limine to Preclude Defendants 0.20 33.00 from Mentioning the Alleged " Baggie" that was Reported in one Police Officer's Report as Inadmissable Hearsay. HL Receipt and review Plaintiffs Sixth Motion in Limine to Exclude Evidence or 0.20 33.00 Testimony of Prior Drug or Alcohol Use by Plaintiff in this Case. HL Receipt and review Plaintiffs Seventh Motion in Limine to Prevent 0.20 33.00 Defendants from Mentioning, Referencing, or Alluding to any Medical or Mental Health History of Plaintiff. HL Receipt and review Plaintiffs Eighth Motion in Limine to Prevent Defendants 0.20 33.00 From Introducing the Videotaped Police Statements of Plaintiff, Ashley Hill, and Jeffrey Braswell as Impermissable Hearsay. HL Receipt and review Defendant, Cory Herny's Motion for Summary Judgment 0.70 115.50 and Incorporated Memorandum of Law. HL Receipt and review Defendant, Cory Herny's Statement of Material Facts. 0.60 99.00 HL Receipt and review Defendant, City of Boynton Beach's Statement of 0.40 66.00 Undisputed Facts in Support of Its Motion for Final Summary Judgment with Exhibits. HL Receipt and review Defendant, City of Boynton Beach's Motion for Final 1.40 231.00 Summary Judgment and Incorporated Memorandum of Law with Exhibits. HL Receipt and review Defendant, Cory Herny's Notice of Filing Deposition 0.30 49.50 Transcripts and Other Documents in Support of Defendant's Statement of Material Facts and Motion for Summary Judgment. HL Receipt and review Defendant, Justin Harris' Statement of Material Facts in 0.50 82,50 Support of Summary Judgment with Exhibits. HL Receipt and review Defendant, Justin Harris's Motion for Summary 1.20 198.00 Judgment and Incorporated Memorandum of Law. HL Receipt and review Defendant, Justin Harris's Motion for Leave to 0.20 33.00 Conventionally File DVD Footage. HL Receipt and review Defendant, Justin Harris's Motion in Limine. 0.40 66.00 HL Receipt and review Paperless Order granting Defendant, Justin Harris's 0.10 16.50 Motion for Leave to Conventionally File DVD Footage. HL Plan and prepare for mediation by reviewing Plaintiffs deposition 1.30 214.50 10/2612016 HL Receipt and review Defendant, City of Boynton Beach's Supplemental 0.10 16.50 Response to Plaintiffs Third Request to Produce. Response to question 1. Page 201 of 728 City of Boynton Beach Page 6 10/26/2016 HL Receipt and review Notice of i along Deposition of Jessica Val on October 0.10 16.50 31, 2016. HL Receipt and review Mediation Settlement Agreement. 0.20 33.00 HL Receipt and review Notice of Cancellation of Deposition of Jessica Val on 0.10 16.50 October 31, 2016. HL Receipt and review Defendant, City of Boynton Beach's Response to 0.40 66.00 Plaintiffs Request to Produce. HL Travel to, attend and return from mediation held at Palm Beach County Jail 6.50 1,072.50 10/27/2016 HL Receipt and review Mediation Report - the conflict has been completely 0.10 16.50 resolved. Subject to City Commission approved. HL Receipt and review Minute Entry for Proceedings. In -Person Show Cause 0.10 16.50 Hearing October 27, 2016. Jeffery Braswell shall pay $135 in costs to the City of Boynton Beach on or before noon on January 27, 2017. 10/28/2016 HL Receipt and review Set Deadlines per DE # 142. Miscellaneous Deadline 0.10 16.50 1127117, HL Receipt and review Order Staying Case and Directing the Clerk of the Court 0.10 16.50 to Close this Case for Statistical Purposes. HL Travel to and from Federal Court in West Palm Beach, for hearing on Rule 3.50 577.50 to Show Cause against witness Jeffrey Braswell, who refused to complete his deposition and refused to reappear for second session of deposition. 10/31/2016 HL Receipt and review Order regarding Show Cause hearing held on October 0.20 33.00 27, 2016. -m --------- __ ...... Total professional services rendered 63.10 $10,411.50 Disbursements Incurred: 10118/2016 HL Mileage to and from Federal Court for hearing 26.45 10128/2016 HL Copying cost 753.50 Total Disbursements Incurred: $779.95 Total amount of this bill Previous balance Accounts receivable transactions 10/ 1 212 016 Payment - Thank You No. 0131585812 Total payments and adjustments r Name 65,36J Idehoff Invoice Summary $11,191.45 $19,245.45 ($19,245.45) Page 202 of 728 City of Boynton Beach zm- Hours Rate Amount 42.00 165.00 $6,930.00 Page 203 of 728 91 Glades Road Suite 251 Boca Raton, FL 33431 November 1, 2016 Invoice City of Boynton Beach Director of HR & Risk Management - Julie Oldbury 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 In Reference To:Leif Broberg v. City of Boynton teach, Jeffrey Katz & Suzanne Invoice # 6243 Crawford Federal ID # Email Invoice to Julie at City of Boynton Beach 20-338-5521 oldburyj@bbfl.us For Professional Services Rendered; 10/3/2016 HL Receipt and review correspondence to Julie Oldbury from Lyman Reynolds 0.40 66.00 with Defendant, City of Boynton Beach's draft Response to Plaintiffs Request for Production. 10/4/2016 MN Review and analyze inconsistencies between the complaint and the 2.80 462.00 numerous exhibits to the complaint MN Review and analyze complaint details of police chief press conference, and 2.10 346.50 review video of press conference MN Research issue of interference with business relationship for defense 2.80 462.00 motion for summary judgment 10/10/2016 HL Draft correspondence to Suzanne Crawford advising i am researching 0.20 33.00 whether or not we can move for summary judgment on her behalf based on Leif Broberg's deposition testimony in the Harris case. Also requested if she was aware if Chief Katz held a press conference and disclosed the existence of the video of the confrontation between Harris and the BBPD once the pursuit ended and if so, what was the date. 10/17/2016 HL Receipt and review Order Granting Motion to Dismiss Complaint as to City 0.40 66.00 and Dismiss, with prejudice, as to Defendant Police Chief. MN Review and analyze motions to dismiss by codefendants and order on 1.70 280.50 motions to dismiss including supporting citations MN Review and analyze legal theory of interference with business relationship 3.20 528.00 HL Receipt and review Defendant, City of Boynton Beach's Motion to Compel 0.50 82.50 Plaintiff to Provide Better Responses to Discovery and Overrule Objections. 10118/2016 MN Draft part of defendant Crawford's motion for summary judgment 6.40 1,056.00 10/19/2016 MN Research issue of absolute immunity for Suzanne Crawford 2.60 429.00 MN Draft continuation for defendants motion for summary judgment 3.80 627.00 10120/2016 MN Review and analyze Application of immunity case law to case facts 1.50 247.50 MN Research issue of complete immunity from suit for activity within scope of 2.90 478.50 employment 10/21/2016 MN Research additional case law on tort of unlawful interference with business 2.60 429.00 relationship MN Draft part of Crawford's motion for summary judgment 3.10 511.50 MN Review and analyze motions to dismiss by co-defendants City & Katz, and 3.00 495.00 court's extensive order on motions; including arguments for Crawford Motion for Summary Judgment. 561-826-2800 Page 204 of 728 City of Boynton Beach E 10/24/2016 MN Draft description of facts for motion for summary judgment based on the 5.20 858.00 complaint and it's exhibits and discovery responses MN Draft memorandum of law for motion for summary judgment 3.80 627.00 10/25/2016 MN Review and analyze recorded interview with sergeant Cannon for motion for 2.80 462.00 summary judgment MN Research issue of malice and exceeding scope of employment as affecting 2.80 462.00 tortious interference. MN Review and analyze Crawford's letter to Katz on 515115, detailing Broberg's 1.40 231.00 dereliction of duty. 10/26/2016 HL Receipt and review Notice of Taking Deposition of Leif Broberg on 0.10 16.50 December 19, 2016 at 10:00am. MN Review and analyze recorded investigation interview with Plaintiff Broberg 2.70 445.50 for Crawford's motion for summary judgment MN Draft defendants motion for summary judgment on the issue of complete 4.10 676.50 common law immunity for defendant Crawford MN Review and analyze transcript of pre -determination hearing for facts relating 1.90 313.50 to Amended Complaint. 10/27/2016 MN Prepare and Mark exhibits to Crawford's motion for summary judgment 1.80 297.00 MN Review and analyze audio statement of Suzanne Crawford 2.00 330.00 MN Review and analyze City's response to plaintiffs request to produce -with 2.80 462.00 over 300 pages of exhibits attached HL Receipt and review Amended Notice of Appearance and Designation of 0.10 16.50 Email Addresses. MN Review and analyze additional 200 pages of documents produced by city in 2.20 363.00 response to plaintiffs request for production 10/28/2016 HL Receipt and review Plaintiffs Amended Complaint. 1.10 181.50 MN Review and analyze Boynton Beach personnel policy manual? Relating to 1.40 231.00 insubordination MN Review and analyze law enforcement bill of rights asserted in the Amended 1.50 247.50 Complaint for defendants motion for summary judgment MN Research requirement for pleading ultimate facts in complaint vs. 2.80 462.00 conclusions. MN Review and analyze amended complaint and compare to original complaint 2.30 379.50 for changes 10/31/2016 HL Receipt and review Defendant, City of Boynton Beach's Notice of Hearing 0.10 16.50 on their Motion to Compel Plaintiff to Provide Better Responses to Discovery and Overrule Objections scheduled for November 7, 2016. HL Receipt and review Notice of Hearing on Objections Raised in Defendant, 0.10 16.50 City of Boynton Beach's Response to Plaintiffs Request for Production scheduled for November 7, 2016. MN Draft Motion for summary judgment on amended complaint 6.70 1,105.50 Total professional services rendered 89.70 $14,800.50 Disbursements Incurred: 10/28/2016 GO Lexis 436.10 Ht- Copying cost 478.30 Total Disbursements Incurred: $914.40 Page 205 of 728 City of Boynton Beach Total amount of this bill Previous balance Accounts receivable transactions 10/12/2016 Payment - Thank You No. 0131585616 Total payments and adjustments 17-nF= 1 -m - Name Harriet Lewis Marvin Nodal Invoice Summary Page 3 Amount $15,714.90 $231-00 ($231.00) ($231.00) $15,714.90 3.00 165,00 $496.00 86.70 165.00 $14,305.50 Page 206 of 728 ROBERTS,BEDARD Columbia470 Drive,1 West Palm Beach, • •. 33409 Telephone• 6 \. 11I�' City of Boynton Beach October 13, 2016 Attn: Julie Oldbury Bill No. 35229 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Harris v. Boynton Beach 16110 Claim # BILL FOR FEES AND COSTS THROUGH 09/30/16 1=10144*1,ir• Date Services Attorney Hours 09/01/16 Telephone conference with Palm , Beacri County Sheriffs Office RKD 0.20 re: status of booking photos pertaining to Plaintiff, Byron Harris. 09/01/16 Research Clerk of Criminal Court's docket to determine date of RKD 0.60 criminal trial and charges remaining against Plaintiff. 09/01/16 Receipt and review of e-mail from Chuck Joyner, defense LHR 0.20 expert, re: receipt additional case materials. 09/01/16 Receipt and review of e-mail from Plaintiffs counsel Farkas r: LHR 0.30 advising of need to change Mediator to Patrick Massa as Romano not available prior to Court's deadline for Mediation and discussing Mediation. 09/01/16 Telephone conference with City Risk Manager Julie Oldbury re: LHR 0.20 Mediation. 09/01/16 Telephone conference with excess carrier representative LHR 0.20 Christine O'Brien, Brit, re: Mediation. 09/01/16 Receipt and review of e-mail from City Risk Manager Julie LHR 0.20 Oldbury re: Mediation. 09/01/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Jolly to Plaintiffs counsel Farkas re: Mediation. 09/01/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Schwartz to Plaintiffs counsel Farkas re: Mediation. 09/01/16 Preparation of email response to City Risk Manager Julie LHR 0.10 Oldbury re: Mediation. 09/01/16 Receipt and review of second e-mail from City Risk Manager LHR 0.10 Julie Oldbury re: Mediation. 09/01/16 Preparation of second e-mail response to City Risk Manager LHIR 0.10 Julie Oldbury re: Mediation. Page 207 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 2 *Ri NI 11 F-11 1111111IR-1 4 ATI 1011 Date Services or ars 09/01/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Stephens to Plaintiffs counsel Farkas re: Mediation. 09/01/16 Receipt and review of third email from City Risk Manager Julie LHR 0.10 Oldbury re: Mediation. 09/01/16 Preparation of third email response to City Risk Manager Julie LHR 0.10 Oldbury re: Mediation. 09/01/16 Receipt and review of fourth email from City Risk Manager Julie LHR 0.10 Oldbury re: Mediation. 09/01/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Lewis to Plaintiff's counsel Farkas re: Mediation. 09/01/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Burke to Plaintiffs counsel Farkas re: Mediation. 09/01/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.10 Mediation. 09/01/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Marrero to Plaintiffs counsel Farkas re: Mediation. 09/01/16 Receipt and review of e-mail from excess carrier representative LHR 0.20 Christine O'Brien, Brit, re: Mediation. 09/01/16 Receipt and review of second e-mail from excess carrier LHR 0.10 representative Christine O'Brien, Brit, re: Mediation. 09/01/16 Preparation of email response to excess carrier representative LHR 0.10 Christine O'Brien, Brit, re: Mediation. 09/01/16 Receipt and review of third email from excess carrier LHR 0.10 representative Christine O'Brien, Brit, re: Mediation. 09/01/16 Preparation of second email response to excess carrier LHR 0.10 representative Christine O'Brien, Brit, re: Mediation. 09/01/16 Preparation of fourth email to City Risk Manager Julie Oldbury LHR 0.10 re: Mediation. 09/01/16 Receipt and review of fifth email from City Risk Manager Julie LHR 0.10 Oldbury re: Mediation. 09/01/16 Preparation of fifth email to City Risk Manager Julie Oldbury re: LHR 0.10 Mediation. 09/01/16 Preparation of second e-mail response to Plaintiffs counsel LHR 0.40 Farkas re: Mediation and advising of our position that as long as Plaintiffs counsel, their client, the City, its Insurance Representative, and LHR are available that we proceed with setting, and any other defense counsel or their clients who are unable to attend in person should be allowed to participate by phone. 09/01/16 Telephone conference with Dr. Michael Zeide, defense expert, RKD 0.30 re: status of expert report. Page 208 of 728 Client: City of Boynton Beach October 1, 2016 Matter: 16110 - Harris v. Boynton Beach Page 3 Date Services or 09/01/16 Review records pertaining to Plaintiff Byron Harris received RKD from Internal Revenue Service, South County Mental Health Center, and Medical Center Imaging to identify any additional defense leads. 09/01/16 Preparation of exhibits for potential use at depositions of RKD treating physicians Dr. Brianna Garrett and Dr. Carol Adami. 09/01/16 Receipt and review of e-mail from City Attorney Tracey DeCarlo LHR re: advising City Manager Lori LaVerriere intends to attend Mediation and need for coordination fo same. 09/01/16 Preparation of email response to City Attorney Tracey DeCarlo LHR re: acknowledging and confirming City Manager Lori LaVerriere intends to attend Mediation and will so coordinate same per her instructions. 09/01/16 Receipt and review of second e-mail from City Attorney Tracey LHR DeCarlo re: Mediation and City Manager's attendance at same. 09/01/16 Preparation of second e-mail response to City Attorney Tracey LHR DeCarlo re: Mediation and City Manager's attendance at same. 09/01/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR Mediation. 09/01/16 Receipt and review of email response from Co -Defendant's LHR counsel Schwartz to Plaintiffs counsel Farkas re: Mediation. 09/01/16 Receipt and review of email response from Co -Defendant's LHR counsel Okon to Plaintiffs counsel Farkas re: Mediation. 09/01/16 Receipt and review of email response from Co -Defendant's LHR counsel Jolly to Plaintiffs counsel Farkas re: Mediation. 09/01/16 Receipt and review of second e-mail from Plaintiffs counsel LHR Farkas re. Mediation. 09/01/16 Receipt and review of email response from Co -Defendant's LHR counsel Don Stephens re: acknowledging City's position concerning Mediation attendance by Officers and their Counsel. 09/01/16 Preparation of email response to Co -Defendant's counsel LHR Stephens re: advising it is City's position the Defendant Officers and their counsel need not attend Mediation, however, Plaintiff may have different position and clarifying City was requesting Plaintiff to agree that counsel unavailable to attend in person may attend by phone due to complications finding a mutually agreeable date for all parties to conduct Mediation. Hours 1.50 0.80 0.20 0.20 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.20 09/01/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 need for counsel to confirm who is not available on October 26 for Mediation in order to resolve attendance issues for same. 09/01/16 Preparation for depositions duces tecum of Dr. Brianna Garrett LHR 1.80 and Dr. Carol Adami the next day. 09/01/16 Receipt and review of e-mail from Oscar Marrero re: status of LHR 0.10 compliance to Defendant, Harris' Request for Copies dated August 8, 2016, Page 209 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 4 Date Services r y Hours 09/01/16 Attendance at the deposition of Jeffrey Braswell in West Palm AGA 2.90 Beach, Florida. (witness arrived 45 minutes late and left without completing his deposition) 09/01/16 Attendance at the deposition of Ashley Hill in West Palm AGA 5.20 Beach, Florida. 09/02/16 Receipt and review of e-mail from Palm Beach County Sheriffs LHR 0.10 Office re: status of photos pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/02/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Lewis to Plaintiffs counsel Farkas re: Mediation. 09/02/16 Receipt and review of email response from Plaintiffs counsel LHR 0.10 Farkas to Co -Defendant's counsel Schwartz re: Mediation. 09/02/16 Receipt and review of e-mail from defense expert Charles LHR 1.60 Joyner re: Preliminary Expert Report, and review of same. 09/02/16 Receipt and review of email response from Plaintiffs counsel LHR 0.10 Farkas to Co -Defendant's counsel Lewis re: Mediation. 09/02/16 Receipt and review of billing records received from Medical LHR 0.50 Center Imaging pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/02/16 Preparation of public records request directed to Palm Beach LHR 0.60 County Sheriffs Office pertaining to Plaintiff, Byron Harris. 09/02/16 Receipt and review of e-mail from Chuck Joyner re: enclosing LHR 0.10 preliminary report and confirming telephone conference to discuss same. 09/02/16 Preparation of correspondence to Julie Oldbury re: status LHR 0.30 update of criminal trial pertaining to Plaintiff, Byron Harris. 09/02/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Okon to Plaintiffs counsel Farkas re: Mediation. 09/02/16 Telephone conference with ER Nurse Leah Devery re: issues LHR 0.30 with her deposition and attempting to resolve same. 09/02/16 Preparation of email response to Co -Defendant's counsel Okon LHR 0.20 re: acknowledging his conflicts with potential mediation date, however, will need to proceed with out him or have him attend by phone per agreement with Plaintiffs counsel. 09/02/16 Receipt and review of e-mail from Co -Defendant's counsel Jolly LHR 0.10 re: depositions of Dr. Adami and Dr. Garrett and his intention to attend by phone. 09/02/16 Preparation of e-mail to witness, Leah Rebekah Devery re: her LHR 0.20 deposition. 09/02/16 Preparation of e-mail to all counsel re: issues with deposition of LHR 0.20 Leah Rebekah Devery and attempting to resolve same. 09/02/16 Receipt and review of e-mail from Plaintiffs counsel, Julia LHR 0.20 Farkas, Esq. re: Leah Rebekah Devery. Page 210 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page Date Services r 09/02/16 Receipt and review of Plaintiffs Request for Copies to City of LHR 0.20 Boynton Beach for records received pursuant to our Notice of Production from Non -Party dated September 1, 2016. 09/02/16 Receipt and review of e-mail from Defendant's counsel, Harriett LHR 0.20 Lewis, Esq. re: Leah Rebekah Devery. 09/02/16 Receipt and review of e-mail from Defendant's counsel, Robert LHR 0.20 Schwartz, Esq. re: Leah Rebekah Devery. 09/02/16 Receipt and review of e-mail from Defendant's counsel, Michael LHR 0.20 Burke, Esq. re: Leah Rebekah Devery. 09/02/16 Receipt and review of e-mail from Defendant's counsel, Oscar LHR 0.20 Marrero, Esq. re: Leah Rebekah Devery. 09/02/16 Receipt and review of e-mail from witness, Leah Rebekah LHR 0.20 Devery re: status of case 09/02/16 Preparation of e-mail to all counsel re: Charlene Edwards, LHR 0.20 status of case. 09/02/16 Receipt and review of e-mail from Defendant's counsel, Don LHR 0.20 Stephens, Esq. re: Leah Rebekah Devery. 09/02/16 Receipt and review of e-mail from Defendant's counsel, Robert LHR 0.20 Schwartz, Esq. re: Charlene Edwards. 09/02/16 Receipt and review of e-mail from Defendant's counsel, Harriett LHR 0.20 Lewis, Esq. re: Charlene Edwards. 09/02/16 Receipt and review of second e-mail from witness, Leah LHR 0.20 Rebekah Devery re: status of case. 09/02/16 Receipt and review of Dr. Michael Zeide's CME Report LHR 1.20 regarding Plaintiff Byron Harris, including Addendum and Records Review Report. 09/02/16 Correspondence to Plaintiffs counsel Finney and Farkas re: LHR 0.20 CME Report of Plaintiff Harris by Dr. Zeide. 09/02/16 Correspondence to City Risk Manager Julie Oldbury re: CME LHR 0.20 Report of Plaintiff Harris by Dr. Zeide. 09/02/16 Research online to locate home addresses for serving RKD 0.60 subpoenas for depositions to Drs. Carol Adami and Brianna Garrett. 09/02/16 Receipt and review of e-mail from Defendant's counsel, Robert LHR 0.20 Okon, Esq. re: Leah Rebekah Devery. 09/02/16 Receipt and review of e-mail from Defendant's counsel, Robert LHR 0.20 Okon, Esq. re: Charlene Edwards. 09/02/16 Preparation of correspondence to Julie Oldbury re: medical LHR 1.40 records summary of additional medical records pertaining to Plaintiff, Byron Harris. 09/02/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Don Stephens, Esq. re: Leah Rebekah Devery. 09/02/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Don Stephens, Esq. re: Charlene Edwards. Page 211 of 728 Client: City of Boynton Beach Matter: 16110 - Harris v. Boynton Beach s 09/02/16 Preparation of Statement of Assurance (HIPPA) pertaining to Plaintiff, Byron Harris directed to Dr. Phil Heller. 09/02/16 Preparation of Statement of Assurance (HIPPA) pertaining to Plaintiff, Byron Harris directed to Dr. Jonathan Rapp. 09/02/16 Preparation of Statement of Assurance (HIPPA) pertaining to Plaintiff, Byron Harris directed to Cafe Madrid, LC. 09/02/16 Preparation of Notice of Production From Non -Party pertaining to Plaintiff, Byron Harris directed to Dr. Phil Heller. 09/02/16 Preparation of Notice of Production From Non -Party pertaining to Plaintiff, Byron Harris directed to Dr. Jonathan Rapp. 09/02/16 Preparation of Notice of Production From Non -Party pertaining to Plaintiff, Byron Harris directed to Cafe Madrid, LC. 09/02/16 Preparation of subpoena duces tecum pertaining to Plaintiff, Byron Harris directed to Dr. Phil Heller. 09/02/16 Preparation of subpoena duces tecum pertaining to Plaintiff, Byron Harris directed to Dr. Jonathan Rapp. 09/02/16 Preparation of subpoena duces tecum pertaining to Plaintiff, Byron Harris directed to Cafe Madrid, LC. Page LHR 0.10 LHR 0.10 LHR 0.10 LHR 0.20 LHR 0.10 LHR 0.10 LHR 0.10 LHR 0.10 LHR 0.10 09/02/16 Telephone conference with Bethesda Hospital executive RKD secretary re: acceptance of service of subpoenas for depositions and noncompliance with same. 09/02/16 Attendance at depositions duces tecum of Dr. Brianna Garrett LHR and Dr. Carol Adami in West Palm Beach, Florida (both witnesses failed to appear despite being served with subpoenas). 09/02/16 Receipt and review of email response from Plaintiffs counsel LHR Julia Farkas re: confirmation of Plaintiffs agreement to attendance of individual officers and their counsel at Mediation by phone as long as City's counsel and Representatives appear live in person and status of Mediation. 09/02/16 Preparation of second email to Plaintiffs counsel Julia Farkas LHR re: acknowledging & confirming Plaintiffs agreement to attendance of individual officers and their counsel at Mediation by phone as City's counsel and Representatives will appear live in person and appreciation of courtesies in this regard to finalize same. 0.30 2.20 0.20 0.20 09/02/16 Receipt and review of e-mail from Palm Beach County Sheriffs LHR 0.20 Office re: status of booking photos pertaining to Plaintiff, Byron Harris, 09/02/16 Correspondence to Julie Oldbury City of Boynton Beach re: NSM 1.80 summary of the deposition of Officer Justin Harris. 09/02/16 Telephone conference with Defense expert Joyner re: his LHR 0.50 preliminary expert report. 09/03/16 Preparation of exhibits for potential use at deposition of PBSO RKD 0.80 Helicopter Pilots Michael Musto and Byron Karp. Page 212 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 7 Date Services rHours 09/03/16 Receipt and review of extensive records received from LHR 7.20 Charlotte County Clerk of Court pertaining to Byron Harris and Ashley Hill pursuant to public records request. 09/04/16 Preparation of exhibits for potential use at depositions of RKD 1.50 treating physicians, Dr. Pierre Dorsainvil, Dr. Manuel Mantes de Oca, and Dr. Maged Habib. 09/04/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Bruce Jolly, Esq. re: Leah Rebekah Devery. 09/04/16 Preparation for upcoming telephone conference with defense LHR 0.60 expert Chuck Joyner. 09/04/16 Telephone conference with Plaintiffs counsel Linnes Finney re: LHR 0.30 Mediation issues, including location for attendance by his client, and attempting to resolve same. 09/04/16 Preparation for Plaintiffs deposition of former Officer Lief LHR 2.20 Broberg, Plaintiffs deposition of PBSO Pilot Michael Musto, Plaintiffs deposition of Sgt. Phillip Antico of Boynton Beach, and Plaintiffs deposition of Dr. Maged Habib which are upcoming this week. 09/04/16 Initial preparation of upcoming deposition of Plaintiffs expert LHR 0.90 Dr. Roy Bedard. 09/05/16 Preparation for deposition of PBSO Pilot Bryon Karp the next LHR 0.60 day. 09/05/16 Telephone conference with expert Chuck Joyner re: his LHR 0.60 preliminary report and finalization of opinions concerning same. 09/05/16 Receipt and review of e-mail from Chuck Joyner re: enclosing LHR 0.30 final report, Elkins List, and fee schedule. 09/06/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Robert Schwartz re: upcoming deposition of PBSO Pilot Byron Karp. 09/06/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Bruce Jolly re: upcoming deposition of PBSO Pilot Byron Karp. 09/06/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Oscar Marrero re: upcoming deposition of PBSO Pilot Byron Karp. 09/06/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Michael Burke re: upcoming deposition of PBSO Pilot Byron Karp. 09/06/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Oscar Marrero re: upcoming deposition of PBSO Pilot Byron Karp. 09/06/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Gary Oldehoff re: upcoming deposition of PBSO Pilot Byron Karp. Page 213 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 8 Date Services r y Hours 09/06/16 Preparation of e-mail to Plaintiffs' counsel Zeilberger re: LHIR 0.20 continuation deposition of Desha Pencheff, deposition of Igor Olenicoff, and continuation deposition of Al Slaman. 09/06/16 Preparation of e-mail to Leah Rebekah Devery re: status of her LHR 0.20 deposition. 09/06/16 Correspondence to Palm Springs Police Dept., re: public LHR 0.60 records request concerning records regarding Byron Harris, Ashley Hill, and Jeffrey Braswell. 09/06/16 Preparation of e-mail to all defense counsel re: issues with LHR 0.20 conference to discuss police practices expert as same set for after deadline for filing of Defendants' expert disclosures, and attempting to resolve same. 09/06/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Burke re: acknowledging issues with conference to discuss police practices expert and potential resolution of same. 09/06/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Schwartz re: acknowledging issues with conference to discuss police practices expert and potential resolution of same. 09/06/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Jolly re. acknowledging issues with conference to discuss police practices expert and potential resolution of same. 09/06/16 Preparation of Re -Notice of Taking Video Teleconference LHR 0.20 Deposition Duces Tecum of Plaintiffs Expert Roy Bedard. 09/06/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Stephens re: acknowledging issues with conference to discuss police practices expert and potential resolution of same. 09/06/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Okon re: acknowledging issues with conference to discuss police practices expert and potential resolution of same. 09/06/16 Preparation of second email to all defense counsel re: LHR 0.10 conference to discuss police practices expert. 09/06/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Schwartz re: conference to discuss police practices expert. 09/06/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Jolly re: conference to discuss police practices expert. 09/06/16 Preparation of e-mail to all counsel re:status of deposition of LHR 0.20 Leah Rebekah Devery's deposition. 09/06/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Harriett Lewis, Esq. re: Leah Rebekah Devery. Page 214 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 9 _9 Date Services rney Hours 09/06/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Robert Schwartz, Esq. re: Leah Rebekah Devery. 09/06/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Burke re: conference to discuss police practices expert. 09/06/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Stephens re: conference to discuss police practices expert. 09/06/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Don Stephens, Esq. re: Leah Rebekah Devery. 09/06/16 Preparation of third email to all defense counsel re: conference LHR 0.20 to discuss police practices expert. 09/06/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Robert Okon, Esq. re: Leah Rebekah Devery. 09/06/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Bruce Jolly, Esq. re: Leah Rebekah Devery. 09/06/16 Preparation of fourth email to all defense counsel re: upcoming LHR 0.20 conference to discuss police practices expert and providing conference call information for same. 09/06/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Marrero re: conference to discuss police practices expert. 09/06/16 Receipt and review of third email from Co -Defendant's counsel LHR 0.10 Burke re: upcoming conference to discuss police practices expert. 09/06/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 need for list of attending attorneys for deposition of Roy Bedard to provide to security at his building. 09/06/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.10 acknowledging need for list of attending attorneys for deposition of Roy Bedard to provide to security at his building. 09/06/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Michael Burke, Esq. re: Leah Rebekah Devery. 09/06/16 Preparation of e-mail to all defense counsel re. advising of LHR 0.10 need to be advised of designated attorney attending deposition of Roy Bedard on Thursday to provide Plaintiffs counsel for advising their building security. 09/06/16 Receipt and review of e-mail from Co -Defendant's counsel LHR Lewis re: conference to discuss police practices expert. 09/06/16 Receipt and review of email response from Defendant's LHR counsel, Oscar Marrero, Esq. re: Leah Rebekah Devery. 09/06/16 Preparation of e-mail to Plaintiffs counsel Finney re: LHR depositions of Mr. Harris' sisters Aisha and Angela and continued need for formal last names in order to subpoena for deposition. 0.10 0.20 0.20 Page 215 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 10 Date Services r Hours 09/06/16 Initial preparation of Amended Notice of Taking Deposition re: LHR 0.20 Leah Rebekah Devery. 09/06/16 Receipt and review of email response from City Attorney LHR 0.10 Tracey DeCarlo re: her attendance at deposition of Roy Bedard at offices of Plaintiffs counsel (pursuant to request for advising building security). 09/06/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Don Stephens re: his attendance at deposition of Roy Bedard at offices of Plaintiffs counsel (pursuant to request for advising building security). 09/06/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Oscar Marrero re: his attendance at deposition of Roy Bedard at offices of Plaintiffs counsel (pursuant to request for advising building security). 09/06/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Bruce Jolly re: his attendance at deposition of Roy Bedard at offices of Plaintiffs counsel (pursuant to request for advising building security). 09/06/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Mike Burke re: his attendance at deposition of Roy Bedard by phone (pursuant to request for advising building security). 09/06/16 Receipt and review of e-mail from City Risk Manager Julie LHR 0.30 Oldbury with Co -Defendant's counsel Mr. Marrero's summary of depositions of Michael Brown, Ronald Ryan, Matthew Medeiros, and Stephen Maiorino, and review of same. 09/06/16 Preparation of email response to City Risk Manager Julie LHR 0.10 Oldbury re: acknowledging receipt of Co -Defendant's counsel Mr. Marrero's summary of depositions of Michael Brown, Ronald Ryan, Matthew Medeiros, and Stephen Maiorino. 09/06/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Robert Schwartz re: his attendance at deposition of Roy Bedard at offices of Plaintiffs counsel (pursuant to request for advising building security). 09/06/16 Receipt and review of second e-mail from City Risk Manager LHR 0.30 Julie Oldbury re: providing Mr. Marrero's summary of records received from Bethesda Hospital and Dr. Habib, and review of same. 09/06/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Robert Okon re: his attendance at deposition of Roy Bedard at offices of Plaintiffs counsel (pursuant to request for advising building security). 09/06/16 Receipt and review of email response from Plaintiffs counsel, LHR 0.20 Linnes Finney, Esq. re: Leah Rebekah Devery. Page 216 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 11 Date Services r y Hours 09/06/16 Receipt and review of correspondence from Co -Defendant's LHR 0.20 counsel Marrero re: informal request for copies of records received pursuant to City's Notice of Production from Non -Party dated September 1, 2016. 09/06/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 confirmation of agreement to extend discovery cutoff to September 30, 2016 for witness depositions. 09/06/16 Correspondence to Plaintiffs counsel Linnes Finney and Julia LHR 0.20 Farkas re: confirmation of parties agreement to extend discovery cutoff to September 30 and depositions necessary to be conducted in case at this time. 09/06/16 Correspondence to Julie Oldbury claims representative re: AGA 2.80 summaries of the depositions of CSI Robin Eichort, Officer Patrick Monteith and Captain DeGuilio. 09/06/16 Preparation of second email to Plainifffs counsel Farkas re: LHR 0.10 advising of list of attorney names for deposition of Roy Bedard who will be appearing at their offices (to assist in screening by building security). 09/06/16 Preparation of fax to Marilyn Francisco, Bethesda Hospital, re: NSM 0.30 affidavit of service for deposition of Dr. Brianna Garrett. 09/06/16 Preparation of fax to Marilyn Francisco, Bethesda Hospital, re: NSM 0.30 affidavit of service for deposition of Dr. Carol Adami. 09/06/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Harriett Lewis re: her attendance at video teleconference deposition of Roy Bedard at offices of Plaintiffs counsel (pursuant to their need to provide attendee names to building security). 09/06/16 Preparation of second email to Plaintiffs counsel Farkas re: LHR 0.10 upcoming deposition of Roy Bedard. 09/06/16 Attendance at Plaintiffs videotaped deposition of PBSO Deputy LHR 1.90 Bryon Karp in West Palm Beach, FL. 09/06/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: upcoming depositions of Dr. Dorsainvil & Dr. Montes de Oca. 09/06/16 Receipt and review of Defendant Herny's Request for Copies to LHR 0.20 Defendant City of Boynton Beach for records received pursuant to our Notice of Production from Non -Party dated May 12, 2016. 09/06/16 Receipt and review of Defendant Herny's Request for Copies to LHR 0.20 Defendant City of Boynton Beach for records received pursuant to our Notice of Production from Non -Party dated July 28, 2016. 09/06/16 Receipt and review of Defendant Herny's Request for Copies to LHR 0.20 Defendant City of Boynton Beach for records received pursuant to our Notice of Production from Non -Party dated September 1, 2016. Page 217 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 12 =0T��7K41Z l &119AT1 14 d Services�- Date or ours 09/06/16 Receipt and review of Detendant Herny's Request for Copies to LHR 0.20 Defendant Justin Harris for records received pursuant to his Notice of Production from Non -Party dated July 29, 2016. 09/06/16 Receipt and review of Defendant Herny's Request for Copies to LHR 0.20 Defendant Justin Harris for records received pursuant to his Notice of Production from Non -Party dated July 29, 2016 directed to Fla. Dept. of Highway Safety & Motor Vehicles. 09/06/16 Receipt and review of Defendant Herny's Request for Copies to LHR 0.20 Defendant Matthew Medeiros for records received pursuant to his Notice of Production from Non -Party dated May 20, 2016. 09/06/16 Receipt and review of Defendant Herny's Request for Copies to LHR 0.20 Defendant City of Boynton Beach for records received pursuant to our Notice of Production from Non -Party dated September 2, 2016. 09/06/16 Detailed analysis of plaintiffs voluminous medical records from AGA 5.50 Palm Beach Sheriffs Office, Florida Department of Corrections, Charlotte County Correctional in preparation of the depositions of Dr. Dorsainvil and Dr. Montes de Oca. 09/06/16 Receipt and review of e-mail from Palm Beach County Sheriffs LHR 0.10 Office re: booking photos pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/06/16 Receipt and review of booking photos received from Palm LHR 0.50 Beach County Sheriffs Office pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/06/16 Receipt and review of e-mail from Dr. Craig Lichtblau re: status LHR 0.10 of payment for CD reproduction pursuant to Dr. Lichtblau's deposition. 09/06/16 Receipt and review of diagnostic films received from Medical LHR 0.30 Center Imaging pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/06/16 Receipt and review of additional medical records pertaining to LHR 0.50 Plaintiff, Byron Harris pursuant to executed authorization. 09/06/16 Receipt and review of additional records received from Palm LHR 0.70 Beach County Sheriffs Office pertaining to Plaintiff, Byron Harris pursuant to public records request. 09/06/16 Telephone conference with all defense counsel re: agreement LHR 0.40 on utilization of City's expert and individual officers not obtaining their own. 09/06/16 Extensive telephone conference with Linnes Finney and Julia LHR 0.40 Farkas re: additional discovery and agreement to extending discovery cutoff. 09/06/16 Extensive telephone conference with Jeff Braswell's attorney LHR 0.40 Chris Keith, Esq., re: his client walking out of deposition and need for his deposition rescheduled immediately due to discovery cutoff, and complications with case. Page 218 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 13 Date ices Attorney Hours 09/06/16 Receipt and review of Plaintiff's exhibit of disciplinary history of LHR 0.60 witness Deputy Pilot Karp, and PBSO Run Report of subject helicopter event. 09/06/16 Receipt and review of e-mail from court reporter re: deposition LHR 0.10 transcript of Dr. Craig Lichtblau. 09/07/16 Extensive telephone conference with Bethesda Hospital legal NSM 0.50 department regarding service of process on emergency room physicians for depositions. 09/07/16 Second telephone conference with Bethesda Hospital legal NSM 0.30 department regarding service of process on emergency room physicians for depositions. 09/07/16 Receipt and review of e-mail from Plaintiffs counsel Finney with LHR 0.20 invoice and W9 for deposition of Plaintiffs expert Roy Bedard, and review of same. 09/07/16 Preparation of email response to Plaintiffs counsel Finney re: LHR 0.10 acknowledging receipt of invoice and W9 for deposition of Plaintiffs expert Roy Bedard and will provide check to Mr. Bedard at time of his deposition. 09/07/16 Preparation of e-mail to Dr. Michael Zeide, defense expert, re: RKD 0.20 deposition. 09/07/16 Receipt and review of e-mail from Dr. Michael Zeide, defense RKD 0.10 expert, re: deposition. 09/07/16 Telephone conference with Chuck Joyner, defense expert, re: RKD 0.30 deposition. 09/07/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Marrero re: upcoming depositions of Dr. Dorsainvil & Dr. Montes de Oca. 09/07/16 Receipt and review of e-mail from Co -Defendant's counsel Jolly LHR 0.10 re: upcoming depositions of Dr. Dorsainvil & Dr. Montes de Oca. 09/07/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Lewis re: upcoming depositions of Dr. Dorsainvil & Dr. Montes de Oca. 09/07/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: deposition of Jeffrey Braswell and potential phone attendance at certain witness depositions. 09/07/16 Preparation of correspondence to Linnes Finney, Esq. re: LHR 0.20 enclosing USB of FARO scans. 09/07/16 Preparation of USB of FARO scans for Linnes Finney, Esq., RKD 0.90 Plaintiff's counsel. 09/07/16 Preparation of CD containing case materials for review and use RKD 1.50 by defense expert, Dr. John Peters. 09/07/16 Preparation of correspondence to Dr. John Peters, defense LHR 0.60 expert, re: enclosing CD containing case material for review and opinion. Page 219 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 14 Date Services me ours 09/07/16 Preparation of Defendant City of Boynton Beach's Notice of LHR 0.60 Trial Conflict. 09/07/16 Preparation of e-mail to Plaintiffs counsel Farkas re: deposition LHR 0.20 of defense expert Dr. Michael Zeide. 09/07/16 Telephone conference with Sergeant Picciano re: follow up on RKD 0.20 status of City's Responses to Plaintiffs Second and Third Request to Produce. 09/07/16 Attendance at the depositions of Dr. Dorsainvil and Dr. Montes AGA 5.40 de Oca in West Palm Beach, Florida. 09/07/16 Receipt and review of Defendant Brown's Request for Copies LHR 0.20 to Defendant City for records received pursuant to our Notice of Production from Non -Party dated September 1, 2016 09/07/16 Receipt and review of Defendant Brown's Request for Copies LHR 0.20 to Defendant City for records received pursuant to our Notice of Production from Non -Party dated September 2, 2016 09/07/16 Preparation of Notice of Compliance to Defendant, Medeiros' LHR 0.30 Request for Copies dated August 8, 2016. 09/07/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Medeiros' Request for Copies dated August 8, 2016. 09/07/16 Preparation of Notice of Compliance to Defendant, Medeiros' LHR 0.30 Request for Copies dated July 29, 2016. 09/07/16 Preparation of records and diagnostic CD for Notice of RKD 1.00 Compliance to Defendant, Medeiros' Request for Copies dated July 29, 2016. 09/07/16 Telephone conference with CME Physician Dr. Zeide re: his LHR 0.30 expert report. 09/07/16 Continued preparation for deposition of Plaintiffs expert Dr. LHR 6.60 Roy Bedard and travel to Tallahassee, Florida for his deposition the next day. 09/07/16 Receipt and review of e-mail from Social Security LHR 0.10 Administration re: status of social security records pertaining to Plaintiff, Byron Harris. 09/08/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 upcoming deposition of Lief Broberg. 09/08/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.10 upcoming deposition of Lief Broberg. 09/08/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Jolly to Plaintiffs counsel Farkas re. upcoming deposition of Lief Broberg. 09/08/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Marrero to Plaintiffs counsel Farkas re: upcoming deposition of Lief Broberg. 09/08/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Farkas re: upcoming deposition of Lief Broberg. Page 220 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 15 Date Services rn y Hours 09/08/16 Receipt and review of email response from City Attorney LHR 0.10 Tracey DeCarlo to Plaintiffs counsel Farkas re: upcoming deposition of Lief Broberg. 09/08/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Marrero to Plaintiffs counsel Farkas re: upcoming deposition of Lief Broberg. 09/08/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Schwartz to Plaintiffs counsel Farkas re: upcoming deposition of Lief Broberg. 09/08/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Lewis to Plaintiffs counsel Farkas re: upcoming deposition of Lief Broberg. 09/08/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Burke to Plaintiffs counsel Farkas re: upcoming deposition of Lief Broberg. 09/08/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Okon to Plaintiffs counsel Farkas re: upcoming deposition of Lief Broberg. 09/08/16 Two telephone conferences with Sgt. Picciano re: questions RKD 0.40 pertaining to Plaintiffs Second Request for Production. 09/08/16 Receipt and review of e-mail from Chuck Joyner, defense RKD 0.20 expert, re: deposition. 09/08/16 Preparation of e-mail to Plaintiffs counsel Farkas re: deposition LHR 0.10 of defense expert Chuck Joyner, 09/08/16 Receipt and review of Plaintiffs Notice of Cancellation of LHR 0.20 Deposition of Dr. Maged Habib. 09/08/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: questions concerning if we will proceed with deposition of Dr. Habib in light of Plaintiffs cancellation of same as we have cross -noticed. 09/08/16 Preparation of email response to Co -Defendant's counsel LHR 0.10 Schwartz re: confirmation of completed cancellation deposition of Dr, Habib including our cross -noticed deposition. 09/08/16 Telephone conference with Social Security Administration re: RKD 0.20 status of social security records pertaining to Plaintiff, Byron Harris. 09/08/16 Preparation of e-mail to all counsel of record re: Subpoenas for LHR 0.20 Deposition of Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 09/08/16 Research addresses for serving subpoenas for deposition to RKD 0.50 alleged witnesses Stephanie Civil and Jessica Val. 09/08/16 Telephone conference with Palm Beach County Sheriffs Office RKD 0.20 re: booking photos pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. Page 221 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 16 • Date Services Attorney ours 09/08/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Lewis to Plaintiffs counsel Farkas re: upcoming deposition of Lief Broberg. 09/08/16 Research records to locate Charlene Edwards telephone RKD 0.30 number. 09/08/16 Preparation of e-mail to Dr. Carol Adami re: follow up and LHR 0.20 status of case. 09/08/16 Preparation of email response to Dr. Craig Lichtblau re: status LHR 0.10 of payment for CD reproduction pursuant to Dr. Lichtblau's deposition. 09/08/16 Telephone conference with witness, Charlene Edwards re: LHR 0.20 status of case. 09/08/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Stephens to Plaintiffs counsel Farkas re: upcoming deposition of Lief Broberg. 09/08/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Burke to Plaintiffs counsel Farkas re: upcoming deposition of Lief Broberg. 09/08/16 Research records to locate Jeffrey Braswell's telephone RKD 0.30 number. 09/08/16 Receipt and review of e-mail from Plaintiffs counsel, Julia LHR 0.20 Farkas, Esq. re: Rule 45 Subpoenas. 09/08/16 Receipt and review of third email from Plaintiffs counsel Farkas LHR 0.10 re: upcoming deposition of Lief Broberg. 09/08/16 Receipt and review of e-mail from Attorney Don Stephens re: AGA 0.20 Byron Harris. 09/08/16 Preparation of email response to Attorney Don Stephens re: AGA 0.20 Byron Harris. 09/08/16 Preparation of Defendant, City of Boynton Beach's, Expert LHR 0.80 Witness Disclosure. 09/08/16 Preparation of documents for Defendant, City of Boynton RKD 0.50 Beach's, Expert Witness Disclosure. 09/08/16 Second telephone conference with Palm Beach County RKD 0.20 Sheriffs Office re: booking photos pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/08/16 Telephone conference with South County Mental Hospital re: RKD 0.20 status of billing records pertaining to Plaintiff, Byron Harris pursuant to executed authorization. 09/08/16 Preparation of Notice of Compliance to Defendant, Ryan's LHR 0.30 Request for Copies dated May 20, 2016. 09/08/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Ryan's Request for Copies dated May 20, 2016. 09/08/16 Preparation of second Notice of Compliance to Defendant, LHR 0.30 Ryan's Request for Copies dated August 3, 2016. Page 222 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 17 Date Services rHours 09/08/16 Preparation of records and diagnostic CD for second Notice of RKD 1.00 Compliance to Defendant, Ryan's Request for Copies dated August 3, 2016. 09/08/16 Preparation of Notice of Compliance to Defendant, Herny's LHR 0.30 Second Request for Copies dated September 6, 2016. 09/08/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Herny's Second Request for Copies dated September 6, 2016. 09/08/16 Preparation of Notice of Compliance to Defendant, Herny's first LHR 0.30 Request for Copies dated September 6, 2016. 09/08/16 Preparation of records and diagnostic CD for Notice of RKD 1.00 Compliance to Defendant, Herny's first Request for Copies dated September 6, 2016. 09/08/16 Attendance at deposition of Plaintiffs expert Roy Bedard in LHR 12.90 Tallahassee, Florida and return to West Palm Beach, Florida. 09/08/16 Preparation of email response to court reporter re: deposition LHR 0.10 transcript of Dr. Craig Lichtblau. 09/08/16 Receipt and review of second e-mail from court reporter re: LHR 0.10 deposition transcript of Dr. Craig Lichtblau. 09/08/16 Research online to locate information on Plaintiffs new alleged RKD 1.00 witnesses, Jessica Val and Stephanie Civil. 09/09/16 Receipt and review of Defendant Ryan's Notice of Conflict for LHR 0.40 Trial. 09/09/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Marrero re: upcoming deposition of Leah Devery. 09/09/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Jolly to Co -Defendant's counsel Marrero re: upcoming deposition of Leah Devery. 09/09/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Schwartz to Co -Defendant's counsel Marrero re: upcoming deposition of Leah Devery. 09/09/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Marrero re: upcoming deposition of Leah Devery. 09/09/16 Receipt and review of two emails from Plaintiffs counsel Farkas LHR 0.20 re: deposition of Sgt. Sedrick Aiken. 09/09/16 Preparation of email response to two emails from PlaintifFs LHR 0.10 counsel Farkas re: deposition of Sgt. Sedrick Aiken. 09/09/16 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.10 deposition of Sgt. Sedrick Aiken. 09/09/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Schwartz to Co -Defendant's counsel Marrero re: upcoming deposition of Leah Devery. 09/09/16 Preparation of e-mail to witness, Dr. Carol Adami re: follow up LHR 0.20 on status of case. Page 223 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 18 I DI Date Services r 09/09/16 Telephone conference with Jeffrey Braswell's attorney Chris LHR 0.20 Keith re: deposition of Jeffrey Braswell. 09/09/16 Preparation of e-mail to all counsel re: continued deposition of LHR 0.10 Jeffrey Braswell. 09/09/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Burke re: deposition of Jeffrey Braswell. 09/09/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Marrero re: deposition of Jeffrey Braswell. 09/09/16 Receipt and review of e-mail from Plaintiffs counsel Finney re: LHR 0.10 deposition of Jeffrey Braswell. 09/09/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Lewis re: deposition of Jeffrey Braswell. 09/09/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Stephens re: deposition of Jeffrey Braswell. 09/09/16 Receipt and review of Defendant Ryan's Request for Copies to LHR 0.20 Defendant City for records received pursuant to our Notice of Production from Non -Party dated September 2, 2016. 09/09/16 Receipt and review of Plaintiffs Re -Notice of Taking Telephonic LHR 0.20 Deposition Duces Tecum of Gary Siebein. 09/09/16 Receipt and review of e-mail from Co -Defendant's counsel Jolly LHR 0.10 re: deposition of Jeffrey Braswell. 09/09/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: deposition of Jeffrey Braswell. 09/09/16 Preparation of Second Notice of Taking Deposition of Jeffrey LHR 0.20 Braswell. 09/09/16 Preparation of Second Subpoena for Deposition of Jeffrey LHR 0.10 Braswell. 09/09/16 Receipt and review of Plaintiffs Amended Re -Notice of Taking LHR 0.20 Telephonic Deposition Duces Tecum of Gary Siebein. 09/09/16 Preparation of records for second Notice of Compliance to RKD 0.50 Defendant, Harris' Request for Copies dated May 26, 2016. 09/09/16 Preparation of second Notice of Compliance to Defendant, LHR 0.30 Harris' Request for Copies dated May 26, 2016. 09/09/16 Preparation of Notice of Compliance to Defendant, Maiorino's LHR 0.30 Request for Copies dated August 8, 2016. 09/09/16 Preparation of records and diagnostic CD for Notice of RKD 1.00 Compliance to Defendant, Maiorino's Request for Copies dated August 8, 2016. 09/09/16 Preparation of Notice of Compliance to Defendant, Maiorino's LHR 0.30 Request for Copies dated June 6, 2016. 09/09/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Maiorino's Request for Copies dated June 6, 2016. Page 224 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 19 Date iAttorney Hours 09/09/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: upcoming depositions of PBSO Pilot Michael Musso and Leah Devery. 09/09/16 Receipt and review of Defendant Medeiros' Notice of LHR 0.20 Unavailability. 09/09/16 Attendance at Plaintiffs deposition of former Boynton Beach LHR 7.80 Sgt. Lief Broberg at the offices of his counsel in Boca Raton, FL, and Plaintiffs depositions of Deputy Pilot Michael Musto and City Police Sgt. Phillip Antico at offices of US Legal in West Palm Beach, FL. 09/09/16 Telephone conference with Tracey DeCarlo counsel for NSM 0.10 Boynton Beach re: Plaintiffs response to City Motion to Dismiss. 09/09/16 Receipt and review of Co -Defendant Medeiros' Request for LHR 0.20 Copies to Defendant City of Boynton Beach for records received pursuant to our Notices of Production from Non -Party dated September 1 and 2, 2016. 09/09/16 Preparation of second e-mail response to court reporter re: LHR 0.10 deposition transcript of Dr. Craig Lichtblau. 09/09/16 Receipt and review of e-mail from Michael Burke, Esq. re: LHR 0.20 confirmation of depositions. 09/09/16 Telephone conference with Wellington Regional Medical Center RKD 0.20 re: status of medical records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/10/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.90 summary of deposition of PBSO Pilot Deputy Bryon Karp. 09/10/16 Receipt and review of extensive documentation from the City LHR 1.90 for responses to Plaintiffs Second and Third Requests to Produce. 09/10/16 Organizing and logging in records obtained from additional RKD 0.80 records received from Sergeant Picciano pertaining to Use of Force and Vehicular Pursuit training. 09/11/16 Preparation for Plaintiffs deposition of Officer Cory Herny and ABE 1.60 our deposition of Leah Devery, RN the next day 09/12/16 Receipt and review of e-mail from Plainiffs counsel Farkas re: LHR 0.10 deposition of defense expert Dr. Michael Zeide. 09/12/16 Preparation of email response to Plainiffs counsel Farkas re: LHR 0.10 deposition of defense expert Dr. Michael Zeide. 09/12/16 Preparation of e-mail to defense expert Dr. Michael Zeide re: LHR 0.10 his deposition and providing contact information for Plaintiffs counsel for invoicing. 09/12/16 Telephone conference with Columbia Hospital re: status of RKD 0.20 medical records pertaining to Plaintiff, Byron Harris pursuant to executed authorization. Page 225 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 20 Date Services ore ours 09/12/16 Receipt and review of letter of no records received from The LHR 0.20 Geo Group pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/12/16 Receipt and review of Defendant Maiorino's Request for Copies LHR 0.20 to Defendant Herny for records obtained pursuant to Herny's First Request for Production dated April 7, 2016. 09/12/16 Receipt and review of Defendant Maiorino's Request for Copies LHR 0.20 to Defendant Medeiros for records received pursuant to his Notice of Production from Non -Party dated April 27, 2016. 09/12/16 Receipt and review of Defendant Maiorino's Request for Copies LHR 0.20 to Defendant Medeiros for records received pursuant to his Notice of Production from Non -Party dated May 20, 2016. 09/12/16 Receipt and review of Defendant Maiorino's Request for Copies LHR 0.20 to Defendant Harris for records received pursuant to his Notice of Production from Non -Party dated July 29, 2016 to Florida Dept. of Highway Safety & Motor Vehicles. 09/12/16 Receipt and review of Defendant Maiorino's Request for Copies LHR 0.20 to Defendant Harris for records received pursuant to his Notice of Production from Non -Party dated July 29, 2016. 09/12/16 Receipt and review of Defendant Maiorino's Request for Copies LHR 0.20 to Defendant City of Boynton Beach for records received pursuant to our Notice of Production from Non -Party dated September 2, 2016. 09/12/16 Receipt and review of Defendant Maiorino's Request for Copies LHR 0.20 to Defendant City of Boynton Beach for records received pursuant to our Notice of Production from Non -Party dated May 12, 2016. 09/12/16 Receipt and review of Defendant Maiorino's Request for Copies LHR 0.20 to Defendant City of Boynton Beach for records received pursuant to our Notice of Production from Non -Party dated July 28, 2016. 09/12/16 Receipt and review of Defendant Maiorino's Request for Copies LHR 0.20 to Defendant City of Boynton Beach for records received pursuant to our Notice of Production from Non -Party dated July 28, 2016. 09/12/16 Receipt and review of Defendant Maiorino's Request for Copies LHR 0.20 to Defendant City of Boynton Beach for records received pursuant to our Notice of Production from Non -Party dated September 1, 2016. 09/12/16 Preparation of e-mail to Plaintiffs counsel, Julia Farkas, Esq. LHR 0.20 re: Dr. Carol Adami and Dr. Brianna Garrett. 09/12/16 Receipt and review of e-mail from Co -Defendant's counsel Jolly LHR 0.10 re: upcoming depositions of Cory Herny and Leah Devery. 09/12/16 Telephone conference with Sgt. Picciano re: questions NSM 0.30 pertaining to City's input to Plaintiffs Second and Third Request to Produce. Page 226 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 21 Date Services rHours 09/12/16 Receipt and review of correspondence from Co -Defendant's LHR 0.20 counsel Marrero re: information request for copies to City of Boynton Beach for records received pursuant to our Notice of Production from Non -Party dated September 2, 2016. 09/12/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Robert Schwartz, Esq. re: Dr. Carol Adami and Dr. Brianna Garrett. 09/12/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Oscar Marrero, Esq. re: Dr. Carol Adami and Dr. Brianna Garrett. 09/12/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Bruce Jolly, Esq. re: Dr. Carol Adami and Dr. Brianna Garrett. 09/12/16 Receipt and review of Plaintiffs Notice of Taking Deposition LHR 0.20 Duces Tecum of Dr. Michael Zeide. 09/12/16 Telephone conference with Wellington Regional Medical Center RKD 0.30 re: status of Plaintiffs records pursuant to subpoena. 09/12/16 Receipt and review of e-mail from Michael Burke, Esq. re: LHR 0.10 confirmation of depositions. 09/12/16 Correspondence to Julie Oldbury Boynton Beach re: summary AGA 1.20 of the deposition of Jeffrey Braswell. 09/12/16 Receipt and review of Plaintiffs Fourth Request for Production LHR 0.50 to Defendant City of Boynton Beach. 09/12/16 Attendance at Plaintiffs deposition of Officer Cory Herny and ABE 5.90 our deposition of Leah Devery, RN, at the offices of US Legal in West Palm Beach, FL. 09/12/16 Preparation of initial proposed Response to Plaintiffs Second LHR 1.80 Request to Produce. 09/12/16 Receipt and review of e-mail from Defendant's counsel, Michael LHR 0.20 Burke, Esq. re: transcripts in case. 09/12/16 Preparation of proposed documents responsive to Plaintiffs RKD 1.00 Second Request to Produce. 09/12/16 Telephone conference with Sgt. Matson re email production. AGA 0.30 09/12/16 Telephone conference with Plaintiffs counsel Julia Farkas re: LHR 0.30 Mediation and issues concerning same. 09/13/16 Telephone conference with Wellington Regional Radiology re: RKD 0.30 status of Plaintiffs films pursuant to subpoena. 09/13/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Robert Schwartz, Esq. re: Dr. Carol Adami and Dr. Brianna Garrett. 09/13/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Michael Burke, Esq. re. Dr. Carol Adami and Dr. Brianna Garrett. Page 227 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 22 Date Services r ours 09/13/16 Receipt and review of email response from Defendants LHR 0.20 counsel, Don Stephens re: Dr. Carol Adami and Dr. Brianna Garrett. 09/13/16 Receipt and review of email response from Plaintiffs counsel, LHR 0.20 Linnes Finney, Esq. re: Dr. Carol Adami and Dr. Brianna Garrett. 09/13/16 Telephone conference with CiCi Messon, HR Assistant re: RKD 0.10 status of email production per Plaintiffs First Request to Produce. 09/13/16 Telephone conference with Tina Luque, IT Department re: RKD 0.10 status of email production per Plaintiffs First Request to Produce. 09/13/16 Preparation of correspondence to defense counsel re: LHR 0.30 deposition transcripts for Philip Antico, Jeffrey Katz, Craig Lichtblau, Kelly Harris, Charles Ramos, Alfred Martinez, Cynthia Rivera, Jeffrey Williams, Justin Harris, Patrick Monteith, Stephanie Slater and Roy Bedard. 09/13/16 Preparation of 9 CD's containing deposition transcripts for RKD 2.50 Philip Antico, Jeffrey Katz, Craig Lichtblau, Kelly Harris, Charles Ramos, Alfred Martinez, Cynthia Rivera, Jeffrey Williams, Justin Harris, Patrick Monteith, Stephanie Slater and Roy Bedard for defense counsel, and defense expert, Chuck Joyner. 09/13/16 Preparation of correspondence to defense expert, Chuck LHR 0.30 Joyner re: deposition transcripts for Philip Antico, Jeffrey Katz, Craig Lichtblau, Kelly Harris, Charles Ramos, Alfred Martinez, Cynthia Rivera, Jeffrey Williams, Justin Harris, Patrick Monteith, Stephanie Slater and Roy Bedard. 09/13/16 Receipt and review of e-mail from court reporter re: deposition LHR 0.10 transcript of Dr. Craig Lichtblau pertaining to Plaintiff, Byron Harris. 09/13/16 Preparation of correspondence to Linnes Finney, Esq. re: social LHR 0.30 security authorization pertaining to Plaintiff, Byron Harris. 09/13/16 Preparation of correspondence to Sgt. Picciano re: enclosing LHR 0.40 proposed Response to Plaintiffs Second Request to Produce. 09/13/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 deposition of defense expert Chuck Joyner. 09/13/16 Preparation of email response to Plaintiffs counsel Farkas re: LHIR 0.10 deposition of defense expert Chuck Joyner. 09/13/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Farkas re: deposition of defense expert Chuck Joyner. 09/13/16 Telephone conference with Co -Defendant's counsel Oscar LHR 0.30 Marrero re: status of case, potential settlement negotiations, status of same, and overall defense strategy. Page 228 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 23 • Date Services or ours 09/14/16 Telephone conference with Wellington Regional Medical Center RKD 0.20 re: status of medical records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/14/16 Two telephone conferences with Sgt. Picciano re: responses to RKD 0.40 Plaintiffs Second Request to Produce. 09/14/16 Telephone conference with defense expert Chuck Joyner re: LHR 0.20 his deposition. 09/14/16 Preparation of e-mail to Plaintiffs counsel Farkas re: deposition LHR 0.10 of defense expert Chuck Joyner. 09/14/16 Telephone conference with Linnes Finney, Jr., Esq. re: RKD 0.20 deposition transcript of Charles Ramos. 09/14/16 Correspondence to defense expert Dr. Michael Zeide re: LHR 0.20 Plaintiffs Notice of Taking Deposition Duces Tecum and need for pre -deposition meeting. 09/14/16 Second telephone conference with Linnes Finney, Jr., Esq. re: RKD 0.20 deposition transcript of Charles Ramos. 09/14/16 Receipt and review of e-mail from Sgt. Picciano re: confirming RKD 0.20 Responses to Plaintiffs Second Request to Produce. 09/14/16 Review and analysis of voluminous documentation from the NSM 2.90 City of Boynton Beach to determine which documents were responsive to Plaintiffs discovery request regarding training of the named officer/defendants and in preparation of producing same. 09/14/16 Preparation of correspondence to Julie Oldbury & Tracey LHR 0.30 DeCarlo re: proposed Response to Plaintiffs Second Request for Production. 09/14/16 Preparation of revised Response to Plaintiffs Second Request LHR 0.90 for Production. 09/14/16 Telephone conference with Palm Spring Police Department re: RKD 0.20 status of public records request pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 09/14/16 Receipt and review of medical records from Wellington LHR 1.00 Regional Medical Center pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/14/16 Telephone conference with Chuck Joyner, defense expert re: RKD 0.30 possible need for policies and procedures opinions. 09/14/16 Preparation of CD containing medical records, and 2 CDs RKD 1.50 containing diagnostic films, pertaining to Plaintiff, Byron Harris, for Dr. Michael Zeide's review and opinion. 09/14/16 Extensive telephone conference with Co -Defendant's counsel LHR 0.40 Bobby Schwartz re: upcoming depositions of Jeffrey Braswell and treating physicians Dr. Garrett and Dr. Adami, and coordination of defense of same. Page 229 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 2 Date Services or ours 09/15/16 Preparation of e-mail to all counsel re: Dr. Carol Adami's being LHR 0.10 canceled as she is on vacation and unable to obtain service of process. 09/15/16 Preparation of e-mail to Robert Schwartz, counsel for LHR 0.30 Defendant Ryan re: enclosing transcripts of Jeffrey Braswell's statements. 09/15/16 Preparation of correspondence to all defense counsel re: LHR 0.30 exhibits pursuant to deposition of Roy Bedard. 09/15/16 Receipt and review of e-mail from Robert Schwartz, counsel for LHR 0.10 Defendant Ryan re: transcripts of Jeffrey Braswell's statements. 09/15/16 Preparation of correspondence to all defense counsel re: LHR 0.30 deposition transcripts for Captain Joseph DeGuilio, Officer Justin Harris, Pilot Bryon Karp, Ashley Hill, and Jeffrey Braswell. 09/15/16 Telephone conference with City Attorney Tracey DeCarlo re: LHR 0.30 status of Mediation and advising logistics being worked out for same, and potential closed door session. 09/15/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.60 summary of medical records received regarding Plaintiff from Wellington Regional Medical Center. 09/15/16 Preparation of correspondence to Dr. Michael Zeide, defense LHR 0.30 expert re: enclosing additional records pertaining to Plaintiff, Byron Harris for review and opinion. 09/15/16 Review and analysis of voluminous email correspondence from NSM 3.20 City of Boynton Beach in order to determine what documents should be produced in response to Plaintiffs Request to Produce (continued from 9/1412016). 09/15/16 Preparation of proposed documents responsive to Plaintiffs RKD 1.20 Third Request to Produce. 09/15/16 Preparation of Notice of Cancellation of the Deposition of Dr. AGA 0.20 Brianna Garrett. 09/15/16 Receipt and review of e-mail from Oscar Marrero, Esq. re: LHR 0.10 deposition transcript of Jeffrey Braswell. 09/15/16 Preparation of email response to Oscar Marrero, Esq. re: LHR 0.10 deposition transcript of Jeffrey Braswell. 09/15/16 Preparation of second e-mail response to Oscar Marrero, Esq. LHR 0.10 re: deposition transcript of Jeffrey Braswell. 09/15/16 Receipt and review of Notice of Mediation. LHR 0.40 09/15/16 Receipt and review of Return of Service of Subpoena for LHR 0.10 Deposition to Dr. Brianna Garrett. 09/15/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 providing addresses for Plaintiffs sisters Tiesha Mack and Angela Edwards. Page 230 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 2 I J:T#I ;I **-] [SI, F_1 x.114 :I'J N Date Services meHours 09/15/16 Preparation of e-mail to all counsel re: depositions of Jeffrey LHR 0.10 Braswell and Dr. Brianna Garrett. 09/15/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Marrero re: depositions of Jeffrey Braswell and Dr. Brianna Garrett. 09/15/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Schwartz re: depositions of Jeffrey Braswell and Dr. Brianna Garrett. 09/15/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Lewis re: depositions of Jeffrey Braswell and Dr. Brianna Garrett. 09/15/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Lewis re: depositions of Jeffrey Braswell and Dr. Brianna Garrett. 09/15/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Schwartz re: depositions of Jeffrey Braswell and Dr. Brianna Garrett, 09/15/16 Receipt and review of e-mail from Plaintiffs counsel Finney with LHR 0.20 doctor's note received from Charlene Edwards advising she is unable to testify at this time due to shortness of breath 09/16/16 Receipt and review of records received from Palm Beach LHR 0.50 County Sheriffs Office pertaining to Byron Harris pursuant to public records request. 09/16/16 Telephone conference with Dr. Brianna Garrett re: subpoena NSM 0.20 for deposition pertaining to Plaintiff, Byron Harris. 09/16/16 Preparation of correspondence to Sgt. Picciano re: enclosing LHR 0.30 proposed Response to Plaintiffs Third Request to Produce. 09/16/16 Preparation of initial proposed Response to Plaintiffs Third LHR 1.80 Request to Produce. 09/16/16 Telephone conference with Dr. Craig Lichtblau re: status of RKD 0.20 additional medical records pertaining to Plaintiff, Byron Harris. 09/16/16 Preparation of e-mail to Julie Oldbury and Tracey DeCarlo re: RKD 0.20 enclosing link to Dropbox containing responsive documents to Plaintiffs Second Request to Produce. 09/16/16 Telephone conference with Julie Oldbury City of Boynton Beach AGA 0.30 re email production. 09/16/16 Second telephone conference with Julie Oldbury City of AGA 0.20 Boynton Beach re production of emails which came up using search term "Byron Harris." 09/16/16 Preparation of e-mail to all counsel re: Jeffrey Braswell did not LHR 0.30 appear for his scheduled deposition. 09/16/16 Receipt and review of e-mail from attorney Robert Schwartz re: LHR 0.30 confirming Jeffrey Braswell did not appear for his scheduled deposition. Page 231 of 728 Client. City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 26 Date Services r 09/16/16 Preparation of Statement of Assurance (HIPAA) to Armor LHR 0.10 Correctional Health Services pertaining to Plaintiff, Byron Harris. 09/16/16 Preparation of Statement of Assurance (HIPAA) to Dr. Ishan A. LHR 0.10 Gunawardene pertaining to Plaintiff, Byron Harris. 09/16/16 Preparation of Statement of Assurance (HIPAA) to Palm Beach LHR 0.10 County Sheriffs Office pertaining to Plaintiff, Byron Harris. 09/16/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Armor Correctional Health Services pertaining to Plaintiff, Byron Harris. 09/16/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Dr. Ishan A. Gunawardene pertaining to Plaintiff, Byron Harris. 09/16/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Palm Beach County Sheriffs Office pertaining to Plaintiff, Byron Harris. 09/16/16 Preparation of subpoena duces tecum directed to Armor LHR 0.10 Correctional Health Services pertaining to Plaintiff, Byron Harris. 09/16/16 Preparation of subpoena duces tecum directed to Dr. Ishan A. LHR 0.10 Gunawardene pertaining to Plaintiff, Byron Harris. 09/16/16 Preparation of subpoena duces tecum directed to Palm Beach LHR 0.10 County Sheriffs Office pertaining to Plaintiff, Byron Harris. 09/16/16 Two telephone conferences with Julie Oldbury re: emails RKD 0.30 responsive to Plaintiffs First Request to Produce and City's proposed Response to Plaintiffs Second Request to Produce. 09/16/16 Review response to public records request received from RKD 0.30 PBSO pertaining to PBSO and FBI investigation records exemptions. 09/16/16 Preparation of conversion of voluminous, extensive emails RKD 8.40 (3,164) received from City of Boynton Beach pertaining to Plaintiff, Byron Harris' Third Request to Produce. 09/16/16 Preparation of correspondence to Julie Oldbury re: Response LHR 0.30 to Plaintiff, Byron Harris' Supplemental Request for Production for review and input. 09/16/16 Preparation of initial draft of Response to Plaintiff, Byron Harris' LHR 1.20 Supplemental Request for Production. 09/16/16 Telephone conference with Wayne Barton Study Center re: RKD 0.20 status of response to subpoena duces tecum pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/16/16 Preparation of correspondence to Julie Oldbury re: errata LHR 0.40 sheets for Captain Joseph DeGuilio, Assistant Chief Kelly Harris, Officer Cynthia Rivera, Officer Jeffrey Williams, Officer Patrick Monteith, CSI Robin Eichorst, Stephanie Slater, Detective Charles Ramos, and Chrief Jeffrey Katz. Page 232 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 27 Date Services Attorney Hours 09/16/16 Compare Internal Affairs files provided by Sgt. Picciano to RKD 1.70 Plaintiffs Third Request to Produce to identify any missing files needed for preparing Response to same. 09/16/16 Attendance at deposition of witness Jeff Braswell in West Palm LHR 2.10 Beach, FL (Mr. Braswell failed to appear, his attorney was present and reached Mr. Braswell on his cellphone and offered to pick him up in Delray Beach, FL, after waiting a significant amount of time his attorney returned without Mr. Braswell who refused to cooperate). 09/16/16 Correspondence to Julie Oldbury City of Boynton Beach re: AGA 2.40 summary of the deposition of Ashley Hill. 09/16/16 Receipt and review of e-mail from Dr. Craig Lichtblau re: status LHR 0.20 of additional records pertaining to Plaintiff, Byron Harris pursuant to Subpoena for Deposition Duces Tecum. 09/16/16 Preparation of email response to Dr. Craig Lichtblau re: status LHR 0.20 of additional records pertaining to Plaintiff, Byron Harris pursuant to Subpoena for Deposition Duces Tecum. 09/17/16 Receipt and review of extensive medical records from Dr. Craig LHR 4.10 Lichtblau pertaining to Plaintiff, Byron Harris pursuant to Subpoena for Deposition Duces Tecum. 09/17/16 Preparation of conversion of extensive emails (1,300) received RKD 2.00 from City of Boynton Beach pursuant to Plaintiff, Byron Harris' Request for Production. 09/18/16 Receipt and review of extensive emails received from City of LHR 4.50 Boynton Beach pursuant to Plaintiff, Byron Harris' for Request for Production. 09/19/16 Correspondence to City Risk Manager Julie Oldbury r: Notice LHR 0.20 of Mediation 09/19/16 Receipt and review of correspondence from Plaintiffs counsel LHR 0.20 Finney to PBSO Watch Commander re: advising of upcoming Mediation and requesting authority for conducting same at Jail and/or if Court Order will be required. 09/19/16 Three telephone conferences with Sgt. Picciano re: documents RKD 0.70 responsive to Plaintiffs Third Request to Produce. 09/19/16 Preparation of correspondence to Julie Oldbury & Tracey LHR 0.30 DeCarlo re: enclosing revised proposed Response to Plaintiffs Second Request to Produce. 09/19/16 Preparation of revised proposed Response to Plaintiff's Second LHR 0.80 Request to Produce. 09/19/16 Preparation of correspondence to Julie Oldbury re: Palm Beach LHR 0.30 County Sheriffs Office FBI Task Force investigation pertaining to Plaintiff, Byron Harris. 09/19/16 Preparation of Defendant, City of Boynton Beach's LHR 1.50 Supplemental Disclosures Pursuant to FRCP 26(e). Page 233 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 28 -e Date Services ore ours 09/19/16 Receipt and review of additional medical records received from LHR 0.50 Wellington Regional Medical Center pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/19/16 Receipt and review of multiple diagnostic films received from LHR 0.60 Wellington Regional Medical Center pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/19/16 Telephone conference with Sgt. Picciano re: questions RKD 0.20 pertaining to Plaintiffs Fourth Request to Produce. 09/19/16 Receipt and review of letter of no records received from Burger LHR 0.20 King Corporation pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/19/16 Telephone conference with Tracey DeCarlo, Esq., re: RKD 0.20 confirming Response to Plaintiffs Second Request to Produce ok to file. 09/19/16 Receipt and review of medical records from Bethesda Hospital LHR 0.50 East pertaining to Plaintiff, Byron Harris pursuant to subpoena for Deposition Duces Tecum. 09/19/16 Receipt and review of multiple diagnostic films received from LHR 0.60 Bethesda Hospital East pertaining to Plaintiff, Byron Harris pursuant to Notice of Deposition Duces Tecum. 09/19/16 Preparation of correspondence to Sgt. Picciano re: revised LHR 0.30 proposed Response to Plaintiffs Third Request to Produce. 09/19/16 Preparation of revised proposed Response to Plaintiffs Third RKD 0.80 Request to Produce. 09/19/16 Receipt and review of e-mail from Sgt. Picciano re: confirming LHR 0.10 proposed revised Response to Plaintiffs Third Request to Produce. 09/19/16 Receipt and review of e-mail from Sgt. Picciano re: enclosing LHR 0.40 additional Internal Affairs files and review of attachments thereto. 09/19/16 Receipt and review of e-mail from Tracey DeCarlo, Esq. re: LHR 0.20 suggested revisions to Response to Plaintiffs Second Request to Produce. 09/19/16 Preparation of final draft of City's Response to Plaintiff, Byron LHR 0.40 Harris' Second Request for Production. 09/19/16 Preparation of final records for City's Response to Plaintiff, RKD 1.00 Byron Harris' Second Request for Production. 09/19/16 Review and analysis of voluminous email correspondences re: NSM 2.90 policy driving, pursuit, and use of force training recommended for Defendant -officers, in preparation of ascertaining which documents should be produced in a request for same. 09/19/16 Preparation of e-mail to City Paralegal Lynn Swanson re: need LHR 0.20 for meeting with Officer Ray Thomas and deposition of Sgt. Sedrick Aiken. Page 234 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 2 Date Services orn Hours 09/19/16 Receipt and review of e-mail from excess carrier Christine LHR 0.10 O'Brien re: upcoming Mediation and status of location for same. 09/19/16 Preparation of email response to excess carrier Christine LHR 0.10 O'Brien re: upcoming Mediation and status of location for same. 09/19/16 Receipt and review of second e-mail from excess carrier LHR 0.10 Christine O'Brien re: upcoming Mediation and discussing potential location for same being at Jail. 09/19/16 Preparation of second e-mail response to excess carrier LHR 0.10 Christine O'Brien re: upcoming Mediation and discussing potential location for same being at Jail. 09/19/16 Receipt and review of Defendant Maiorino's Request for Copies LHR 0.20 to Defendant City for records received pursuant to our Notice of Production from Non -Party dated September 16, 2016. 09/19/16 Receipt and review of e-mail from Linnes Finney, Esq. re: LHR 0.10 executed Social Security authorization pertaining to Plaintiff, Byron Harris. 09/19/16 Receipt and review of correspondence from Linnes Finney, LHR 0.10 Esq. re: executed Social Security authorization pertaining to Plaintiff, Byron Harris. 09/19/16 Receipt and review of executed authorization for Social Security LHR 0.10 Administration pertaining to Plaintiff, Byron Harris. 09/19/16 Preparation of Second Notice of Compliance to Defendant, LHR 0.30 Maiorino's Request for Copies dated August 8, 2016. 09/19/16 Preparation of record for Second Notice of Compliance to RKD 0.50 Defendant, Maiorino's Request for Copies dated August 8, 2016. 09/19/16 Preparation of Notice of Compliance to Defendant, Maiorino's LHR 0.30 Request for Copies dated September 12, 2016. 09/19/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Maiorino's Request for Copies dated September 12, 2016. 09/19/16 Preparation of Second Notice of Compliance to Defendant, LHR 0.30 Medeiros' Request for Copies dated July 29, 2016. 09/19/16 Preparation of records for Second Notice of Compliance to RKD 0.50 Defendant, Medeiros' Request for Copies dated July 29, 2016. 09/19/16 Preparation of Notice of Compliance to Defendant, Medeiros' LHR 0.30 Request for Copies dated September 9, 2016. 09/19/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Medeiros' Request for Copies dated September 9, 2016. 09/19/16 Review deposition transcript of Jeffery Braswell in preparation KRH 0.90 of City's Motion to Show Cause. 09/19/16 Receipt and review of e-mail from Dr. Craig Lichtblau re: status LHR 0.10 of additional records pertaining to Plaintiff, Byron Harris pursuant to Subpoena for Deposition Duces Tecum. Page 235 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 30 Date Services ur 09/19/16 Preparation of email response to Dr. Craig Lichtblau re: status LHR 0.10 of additional records pertaining to Plaintiff, Byron Harris pursuant to Subpoena for Deposition Duces Tecum. 09/19/16 Receipt and review of e-mail from Linnes Finney, Esq. re: LHIR 0.10 executed authorization for Social Security Administration pertaining to Plaintiff, Byron Harris. 09/19/16 Receipt and review of executed authorization for Social Security LHR 0.10 Administration pertaining to Plaintiff, Byron Harris. 09/19/16 Correspondence to Julie Oldbury City of Boynton Beach re: AGA 3.60 summaries of the depositions of Assistant Chief Harris, Officer Cynthia Rivera, Justin Roth Harris, Officer Jeffrey Williams, Detective Charles Ramos, and Deputy Cory Gray. 09/19/16 Receipt and review of correspondence from Columbia Hospital LHR 0.20 re: executed authorization pertaining to Plaintiff, Byron Harris. 09/19/16 Receipt and review of e-mail from Gallagher Bassett adjuster LHR 0.10 Colleen Edwards to City Attorney Tracy DeCarlo re: questions concerning status of case and demand by Plaintiffs counsel. 09/19/16 Receipt and review of email response from City Attorney Tracy LHR 0.20 DeCarlo to Gallagher Bassett adjuster Colleen Edwards re: advising only demand from Plaintiff received to date of which she is aware is unrealistic, but unsure of exact amount and advising of upcoming Mediation and closed door session. 09/19/16 Receipt and review of e-mail from City Risk Manager Julie LHR 0.20 Oldbury re: status of case and inquiries by Ms. Edwards from Gallagher Bassett. 09/19/16 Preparation of email response to City Risk Manager Julie LHR 0.20 Oldbury re: advising only demand received from Plaintiff's counsel to date was from prior to obtaining separate counsel for all individual defendants and was $1.8 million dollars. 09/19/16 Receipt and review of Affidavit of Service for Wayne Barton LHR 0.10 Study Center pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 09/19/16 Receipt and review of Affidavit of Service for'Delray Medical LHR 0.10 Center pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 09/19/16 Receipt and review of Affidavit of Service for Delray Beach Fire LHR 0.10 Rescue pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 09/20/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 1.70 summary of depositions of Leif Broberg, PBSO Sgt. Deputy Pilot Michael Musto, and Boynton Beach PD Sgt. Phillip Antico. 09/20/16 Preparation of e-mail to Social Security Administration re: LHR 0.20 executed authorization pertaining to Plaintiff, Byron Harris for his Social Security records. Page 236 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 31 Date Services rHours 09/20/16 Receipt and review of Defendant Medeiros' Request for Copies LHR 0.20 to Defendant City for records received pursuant to our Notice of Production from Non -Party dated September 16, 2016. 09/20/16 Receipt and review of Plaintiffs Request for Copies to LHR 0.20 Defendant City for records received pursuant to our Notice of Production from Non -Party dated September 16, 2016. 09/20/16 Telephone conference with Reception and Medical Center re: RKD 0.20 status of medical records pertaining to Plaintiff, Byron Harris pursuant to executed authorization. 09/20/16 Preparation of e-mail to Plaintiffs counsel Farkas re: LHR 0.20 depositions of Tiesha Mack, Angela Edwards, Rev. Richard 09/20/16 Dames, Darion King, Clifford Henfield, Rev. Ray Whitely, and LHR 0.20 09/20/16 follow up for current addresses of his recently disclosed LHR 0.20 witnesses Jessica Val and Stephanie Civil. 09/20/16 Preparation of Notice of Compliance to Defendant, Harris' LHR 0.30 Request for Copies dated September 2, 2016, 09/20/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Harris' Request for Copies dated September 2, 2016. 09/20/16 Preparation of Notice of Compliance to Plaintiff, Byron Harris' LHR 0.30 Request for Copies dated September 2, 2016. 09/20/16 Preparation of records for Notice of Compliance to Plaintiff, RKD 0.50 Byron Harris' Request for Copies dated September 2, 2016. 09/20/16 Preparation of Notice of Compliance to Defendant, Brown's LHR 0.30 Request for Copies dated September 7, 2016. 09/20/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.60 Brown's Request for Copies dated September 7, 2016. 09/20/16 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Farkas re: depositions of Tiesha Mack, Angela Edwards, Rev. Richard Dames, Darion King, Clifford Henfield, Rev. Ray Whitely. 09/20/16 Receipt and review of e-mail from Tracey DeCarlo City attorney LHR 0.20 re: confirming Ashley Hill has not served City with suit and confirming Jeffrey Braswell has served notice. 09/20/16 Preparation of email response to Tracey DeCarlo City attorney LHR 0.20 re: confirming Ashley Hill has not served City with suit and confirming Jeffrey Braswell has served notice. 09/20/16 Receipt and review of e-mail from Julie Oldbury City of Boynton LHR 0.20 Beach re: Jeffrey Braswell's Notice of Claim. 09/20/16 Receipt and review of Jeffrey Braswell's Notice of Claim. LHR 0.20 09/20/16 Preparation of email response to Julie Oldbury City of Boynton LHR 0.20 Beach re: Jeffrey Braswell's Notice of Claim. 09/20/16 Research and review of Florida Rules of Civil Procedure and KRH 0.80 Local Rules of Southern District re: motion to show cause for Jeffrey Braswell. Page 237 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 32 Date Services orn ours 09/20/16 Correspondence to Julie Oldbury claims representative re: AGA 2.10 summary of the deposition of Chief Jeffrey Katz. 09/20/16 Receipt and review of correspondence from Reception and LHR 0.20 Medical Center re: status of response to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 09/20/16 Receipt and review of Affidavit of Service for Burger King LHR 0.10 pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 09/20/16 Receipt and review of Affidavit of Service for Corizon Health, LHR 0.10 Inc. pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 09/20/16 Receipt and review of Affidavit of Non -Service pursuant to LHR 0.10 Subpoena for Deposition pertaining to Plaintiff, Byron Harris. 09/20/16 Receipt and review of Affidavit of Service for School District of LHR 0.10 Palm Beach County, Fulton -Holland Educational Services Center pertaining to Plaintiff, Byron Harris. 09/20/16 Receipt and review of Affidavit of Non -Service pursuant to LHR 0.10 Subpoena for Deposition pertaining to Jeffrey Braswell. 09/20/16 Receipt and review of Affidavit of Service for Dr. Brianna LHR 0.10 Garrett pursuant to Subpoena for Deposition pertaining to Plaintiff, Byron Harris. 09/20/16 Receipt and review of Affidavit of Service for Dr. Jonathan LHR 0.10 Rapp pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 09/20/16 Receipt and review of e-mail from City Attorney Tracy DeCarlo LHR 0.30 with Jeff Braswell's Notice of Claim to City, and review of same. 09/20/16 Preparation of email response to City Attorney Tracy DeCarlo LHR 0.20 re: status of claim by Jeff Braswell and input concerning same. 09/20/16 Receipt and review of second e-mail from City Attorney Tracy LHR 0.10 DeCarlo re: acknowledging input on status of claim by Jeff Braswell. 09/20/16 Receipt and review of e-mail from City Risk Manager Julie LHR 0.20 Oldbury re: Notice of Claim by Jeff Braswell. 09/20/16 Preparation of email response to City Risk Manager Julie LHR 0.20 Oldbury re: status of claim by Jeff Braswell and input concerning same. 09/20/16 Receipt and review of second e-mail from City Risk Manager LHR 0.10 Julie Oldbury re: acknowledging input on status of claim by Jeff Braswell. 09/21/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.30 advising Mr. Braswell failed to appear for his deposition and would not cooperate even with his personal counsel's attempted assistance. 09/21/16 Preparation of Notice of Compliance to Defendant, Herny's LHR 0.30 Request for Copies dated September 6, 2016. Page 238 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 33 1:23* C+]►L1W-1:13'1Lei *. Date iices Attorney Hours 09/21/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Herny's Request for Copies dated September 6, 2016. 09/21/16 Preparation of Notice of Compliance to Defendant, Herny's LHR 0.30 Request for Copies dated September 6, 2016. 09/21/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Herny's Request for Copies dated September 6, 2016, 09/21/16 Receipt and review of City Paralegal Lynn Swanson re: status LHR 0.10 of deposition of Sgt. Sedrick Aiken and meeting with Officer Ray Thomas. 09/21/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: status of deposition of Sgt. Sedrick Aiken and meeting with Officer Ray Thomas. 09/21/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: status of deposition of Sgt. Sedrick Aiken and meeting with Officer Ray Thomas. 09/21/16 Preparation of second e-mail response to City Paralegal Lynn LHR 0.10 Swanson re: status of deposition of Sgt. Sedrick Aiken and meeting with Officer Ray Thomas. 09/21/16 Initial preparation of Defendant City's Motion to Show Cause re: KRH 1.60 Jeffery Braswell. 09/21/16 Telephone conference with Dr. Phil Heller re: status of medical RKD 0.20 records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/21/16 Preparation of 8 CDs containing Exhibit 46 of Officer Charles RKD 1.60 Ramos' deposition transcript. 09/21/16 Preparation of correspondence to all defense counsel re: LHR 0.30 Exhibit 46 pursuant to the deposition of Officer Charles Ramos pertaining to Plaintiff, Byron Harris. 09/21/16 Preparation of e-mail to Plaintiffs counsel Farkas re: advising LHR 0.10 defense expert Chuck Joyner will require pre -payment of his deposition fee of $1500. 09/21/16 Preparation of Notice of Taking Deposition of Tiesha Mack. LHR 0.20 09/21/16 Preparation of Subpoena for Deposition of Tiesha Mack. LHR 0.10 09/21/16 Preparation of Notice of Taking Deposition of Angela Edwards LHR 0.20 09/21/16 Preparation of Subpoena for Deposition of Angela Edwards. LHR 0.10 09/21/16 Preparation of Notice of Taking Deposition of Rev. Richard LHR 0.20 Dames. 09/21/16 Preparation of Subpoena for Deposition of Rev. Richard LHR 0.10 Dames. 09/21/16 Extensive telephone conference with defense expert Chuck LHR 0.50 Joyner re: his initial opinions, complications with Patrick Montieth's testimony, and his upcoming deposition. Page 239 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 34 :1 Z193 J 4:1ZI • ; Date Services Attorney Hours 09/21/16 Extensive telephone conference with defense expert Chuck RKD 0.50 Joyner re: his initial opinions, complications with Patrick Montieth's testimony, and his upcoming deposition. 09/21/16 Correspondence to Julie Oldbury, City of Boynton Beach, re: AGA 4.20 summary of the depositions of Dr. Craig Lichtblau, Dr. Mantes de Oca and Dr. Dorsainvil. 09/22/16 Preparation of Notice of Taking Deposition of Darion King. LHR 0.20 09/22/16 Preparation of Subpoena for Deposition of Darion King. LHR 0.10 09/22/16 Preparation of Notice of Taking Deposition of Clifford Henfield. LHR 0.20 09/22/16 Preparation of Subpoena for Deposition of Clifford Henfield. LHR 0.10 09/22/16 Preparation of Notice of Taking Deposition of Rev. Ray Whitely. LHR 0.20 09/22/16 Preparation of Subpoena for Deposition of Rev. Ray Whitely. LHR 0.10 09/22/16 Receipt and review of e-mail from Julia Farkas counsel for LHR 0.20 Plaintiff re: Defendant's expert Chuck Joyner. 09/22/16 Preparation of email response to Julia Farkas counsel for LHR 0.20 Plaintiff re: Defendant's expert Chuck Joyner. 09/22/16 Telephone conference with Dr. Jonathan Rapp re: status of RKD 0.20 medical records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/22/16 Receipt and review of e-mail from Lynn Swanson, City of LHR 0.10 Boynton Beach, re: Officer Thomas. 09/22/16 Preparation of email response to Lynn Swanson, City of LHR 0.10 Boynton Beach, re: Officer Thomas. 09/22/16 Receipt and review of second e-mail from Lynn Swanson, City LHR 0.10 of Boynton Beach, re: Officer Thomas. 09/22/16 Preparation of second email to Lynn Swanson, City of Boynton LHR 0.10 Beach, re: Officer Thomas. 09/22/16 Receipt and review of third email from Lynn Swanson, City of LHR 0.10 Boynton Beach, re: Officer Thomas. 09/22/16 Preparation of correspondence to defense expert, Chuck LHR 0.40 Joyner re: additional documents for his file and review. 09/22/16 Preparation of additional records for defense expert, Chuck RKD 1.20 Joyner for his file and review. 09/22/16 Receipt and review of e-mail from Chuck Joyner re: enclosing RKD 0.20 W9 and invoice for his deposition to provide to Plaintiffs counsel. 09/22/16 Preparation of e-mail to Chuck Joyner re: acknowledging RKD 0.10 receipt of W9 and invoice for his deposition to provide to Plaintiffs counsel. 09/22/16 Receipt and review of e-mail from Lynn Swanson City of LHR 0.10 Boynton Beach re: meeting with Officer Thomas. 09/22/16 Preparation of email response to Lynn Swanson City of LHR 0.10 Boynton Beach re: meeting with Officer Thomas. Page 240 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 3 Date Services Attorney Hours 09/22/16 Receipt and review of Plaintiffs Notice of Taking Video LHR 0.20 Conference Deposition Duces Tecum of Chuck Joyner. 09/22/16 Correspondence to Expert Chuck Joyner re: Plaintiffs Notice of LHR 0.20 Taking Video Conference Deposition Duces Tecum of Chuck Joyner. 09/22/16 Receipt and review of e-mail from expert Chuck Joyner re: LHR 0.20 invoice for deposition and w-9 for check request and review of same. 09/22/16 Telephone conference with Sgt. Picciano re: no documents NSM 0.30 responsive to Plaintiffs Fourth Request to Produce. 09/22/16 Preparation of documents and reports for use at Plaintiffs RKD 0.80 depositions of defense experts, Dr. Michael Zeide and Chuck Joyner. 09/22/16 Receipt and review of e-mail from Linnes Finney, counsel for LHR 0.20 Plaintiff, re: expert Chuck Joyner's deposition invoice and W9. 09/22/16 Preparation of email response to Linnes Finney, counsel for LHR 0.20 Plaintiff, re: expert Chuck Joyner's deposition invoice and W9. 09/22/16 Receipt and review of second e-mail from Linnes Finney, LHR 0.20 counsel for Plaintiff, re: expert Chuck Joyner's deposition invoice and W9. 09/22/16 Review Materials and depositions for initial preparation to draft ABE 5.60 motion for summary judgment. 09/23/16 Receipt and review of e-mail from attorney Robert Schwartz re: LHR 0.20 Tiesha Mack and Angela Edwards. 09/23/16 Preparation of email response to attorney Robert Schwartz re: LHR 0.20 Tiesha Mack and Angela Edwards. 09/23/16 Preparation of potential exhibits for use at the depositions of RKD 0.80 Tiesha Mack and Angela Edwards. 09/23/16 Receipt and review of e-mail from expert Dr. Michael Zeide re: LHR 0.10 addendum to report and invoice. 09/23/16 Receipt and review of expert Dr. Michael Zeide's addendum to LHR 0.30 report and invoice. 09/23/16 Telephone conference with Tracey DeCarlo, Esq. re: City's LHR 0.30 Response to Plaintiffs Third Request to Produce. 09/23/16 Correspondence to Julie Oldbury City of Boynton Beach re: LHR 0.30 expert Dr. Michael Zeide's addendum to report and invoice. 09/23/16 Correspondence to Linnes Finney counsel for Plaintiff re: expert LHR 0.30 Dr. Michael Zeide's addendum to report. 09/23/16 Receipt and review of e-mail from Tracey DeCarlo re: LHR 0.20 approving proposed City's Response to Plaintiffs Third Request to Produce. 09/23/16 Preparation of final draft of City's Response to Plaintiff, Byron LHR 0.40 Harris' Third Request to Produce. Page 241 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 36 Date Services orn ours 09/23/16 Preparation of records for City's Response to Plaintiff, Byron RKD 1.00 Harris' Third Request to Produce. 09/23/16 Receipt and review of e-mail from attorney Robert Schwartz re: LHR 0.20 Tiesha Mack and Angela Edwards. 09/23/16 Preparation of email response to attorney Robert Schwartz re: LHR 0.20 Tiesha Mack and Angela Edwards. 09/23/16 Telephone conference with Sgt. Picciano re: questions NSM 0.20 pertaining to Response to Resistance policies. 09/23/16 Receipt and review of e-mail from Colleen Edwards re: LHR 0.10 deposition transcripts pertaining to Plaintiff, Byron Harris. 09/23/16 Preparation of email response to Colleen Edwards re: LHR 0.20 deposition transcripts pertaining to Plaintiff, Byron Harris. 09/23/16 Receipt and review of e-mail from attorney Robert Schwartz re: LHR 0.20 Tiesha Mack and Angela Edwards. 09/23/16 Receipt and review of Affidavit of Service for Sheridan LHR 0.10 Healthcare pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 09/23/16 Review Jeffery Braswell CNA and prepare revisions to Motion KRH 0.80 to City's Show Cause and Compel Braswell concerning same. 09/23/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Burke re: upcoming depositions of Tiesha Mack and Angela Edwards. 09/23/16 Receipt and review of e-mail from Co -Defendant's counsel Jolly LHR 0.10 re: upcoming depositions of Tiesha Mack and Angela Edwards, 09/23/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: upcoming depositions of Tiesha Mack and Angela Edwards. 09/23/16 Receipt and review of e-mail from Plaintiffs counsel Finney re: LHR 0.20 upcoming witness depositions, need for completion deposition of Chief Katz, and depositions of Sgt. Sedrick Aiken, Officer Ray Thomas, and Sgt. Llopis. 09/23/16 Preparation of email response to Plaintiffs counsel Finney re: LHR 0.20 completion deposition of Chief Katz and depositions of Sgt. Sedrick Aiken, Officer Ray Thomas, and Sgt. Llopis. 09/23/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Finney re: completion deposition of Chief Katz and depositions of Sgt. Sedrick Aiken, Officer Ray Thomas, and Sgt. Llopis. 09/23/16 Receipt and review of City Paralegal Lynn Swanson to Sgt. LHR 0.10 Aiken re: his deposition. 09/23/16 Receipt and review of email response from Sgt. Aiken to City LHR 0.10 Paralegal Lynn Swanson re: his deposition. 09/23/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson to Sgt. Aiken re: his deposition. Page 242 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 37 Date Services orney Hours 09/23/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Sgt. Sedrick Aiken. 09/23/16 Receipt and review of e-mail from Lynn Swanson, City of LHR 0.20 Boynton Beach, to Officer Sedrick Aiken re. his deposition. 09/23/16 Receipt and review of e-mail from Lynn Swanson, City of LHR 0.20 Boynton Beach, re: Officer Sedrick Aikens deposition. 09/24/16 Preparation of potential exhibits for use at depositions of RKD 0.80 Reverends Dames and Whitely. 09/24/16 Preparation of e-mail to Linnes Finney, counsel for Plaintiff, re: LHR 0.20 expert Chuck Joyner. 09/24/16 Receipt and review of e-mail from Linnes Finney, counsel for LHR 0.20 Plaintiff, re: expert Chuck Joyner. 09/24/16 Receipt and review of second e-mail from Linnes Finney, LHR 0.20 counsel for Plaintiff, re: expert Chuck Joyner. 09/24/16 Preparation of second email to Linnes Finney, counsel for LHR 0.20 Plaintiff, re: expert Chuck Joyner. 09/25/16 Preparation of potential exhibits for use at depositions of Darion RKD 0.40 King and Clifford Henfield. 09/25/16 Preparation for depositions of Angela Edwards and Tiesha LHR 0.60 Mack to be taken the next day. 09/26/16 Correspondence to Chris Keith, counsel for Jeffrey Braswell, re: LHR 0.30 proposed Motion to Show Cause and Motion to Compel regarding Jeffrey Braswell. 09/26/16 Telephone conference with Chuck Joyner re: pre -deposition. LHR 0.30 09/26/16 Preparation of e-mail to all defense counsel re: Responses to LHR 0.20 Plaintiff, Byron Harris' Second and Third Request for Production. 09/26/16 Receipt and review of e-mail from Linnes Finney, counsel for LHR 0.10 Plaintiff, re. Angela Edwards. 09/26/16 Receipt and review of correspondence from attorney, Oscar LHR 0.20 Marrero, re. request for copies of records received from Armor Correctional Health Services, Gunawardence, Dr. Ishan and Palm Beach County Sheriffs Office. 09/26/16 Telephone conference with Don Stephens, Esq. re: deposition RKD 0.20 transcript of Cory Herny. 09/26/16 Receipt and review of records received from Palm Springs LHR 0.70 Police Department pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell pursuant to public records reuquest. 09/26/16 Attendance at depositions of Plaintiffs sisters, Tiesha Mack LHR 3.40 (Ms. Mack failed to appear at all) and Angela Edwards (Ms. Edwards was 45 mins late for her deposition) at offices of US Legal in West Palm Beach, Florida. 09/26/16 Preparation of initial draft City's Response to Plaintiffs Fourth LHR 1.70 Request to Produce. Page 243 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 3 FaR*IJ*1-3Is] il,1;11 44Zit■/14 Date Services orn ours 09/26/16 Receipt and review of e-mail from Don Stevens, Esq. re: LHR 0.10 deposition transcript of Office Cory Herny. 09/26/16 Receipt and review of Return of Service of Subpoena for LHR 0.10 Deposition to Angela Edwards. 09/26/16 Receipt and review of Return of Service of Subpoena for LHR 0.10 Deposition to Tiesha Mack. 09/26/16 Receipt and review of Return of Service of Subpoena for LHR 0.10 Deposition to Rev. Ray Whitely. 09/26/16 Receipt and review of Return of Non -Service of Subpoena for LHR 0.10 Deposition to Darion King. 09/26/16 Receipt and review of Return of Non -Service of Subpoena for LHR 0.10 Deposition to Rev. Richard Dames. 09/26/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Okon re: upcoming depositions of Tiesha Mack and Angela Edwards. 09/26/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Schwartz to Co -Defendant's counsel Okon re: upcoming depositions of Tiesha Mack and Angela Edwards. 09/26/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Schwartz re: upcoming depositions of Tiesha Mack and Angela Edwards. 09/26/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Okon re: questions concerning deposition of Tiesha Mack. 09/26/16 Receipt and review of two additional emails from LHR 0.20 Co -Defendant's counsel Schwartz to Co -Defendant's counsel Okon re: advising Tiesha Mack did not appear for her deposition at gam and Angela Edwards has appeared late and will begin deposition now. 09/26/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 to Officer Ray Thomas re: upcoming meeting with LHR. 09/26/16 Receipt and review of e-mail from Lynn Swanson, City of LHR 0.20 Boynton Beach, re: Officer Sedrick Aiken's deposition. 09/26/16 Receipt and review of e-mail from Lynn Swanson, City of LHR 0.20 Boynton Beach, to Raymond Thomas re: his deposition. 09/27/16 Receipt and review of e-mail from City Attorney Tracy DeCarlo LHR 0.40 re: Notice of Claim by Ashley Hill, and review of same. 09/27/16 Preparation of email response to City Attorney Tracy DeCarlo LHR 0.20 re: acknowledging receipt of Notice of Claim by Ashley Hill. 09/27/16 Research addresses for serving subpoenas for depositions to RKD 1.00 Cornelius Edward, Michael Edwards, Dr. Phil Heller, Dr. Majid Shams, Dr. Adam White, Deputy McCutchen, Deputy Knight, and Deputy Ramasawmi. Page 244 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 39 Date Services rHours 09/27/16 Receipt and review of e-mail from attorney Michael Burke re: LHR 0.20 Rev. Richard Dames, Darion King, Clifford Henfield and Rev. Ray Whitely. 09/27/16 Preparation of email response to attorney Michael Burke re: LHR 0.20 Rev. Richard Dames, Darion King, Clifford Henfield and Rev. Ray Whitely. 09/27/16 Receipt and review of second e-mail from attorney Michael LHR 0.20 Burke re: Dr. Michael Zeide. 09/27/16 Preparation of second email to attorney Michael Burke re: Dr. LHR 0.20 Michael Zeide. 09/27/16 Receipt and review of e-mail from attorney Robert Schwartz re: LHR 0.20 Dr. Michael Zeide. 09/27/16 Receipt and review of second e-mail from attorney Robert LHR 0.20 Schwartz re: Dr. Michael Zeide. 09/27/16 Receipt and review of third email from attorney Michael Burke LHR 0.20 re: Dr. Michael Zeide. 09/27/16 Preparation of third email to attorney Michael Burke re: Dr. LHR 0.20 Michael Zeide. 09/27/16 Preparation of correspondence to Julie Oldbury & Tracey LHR 0.30 DeCarlo re: proposed Response to Plaintiffs Fourth Request to Produce, 09/27/16 Preparation of Defendant, City of Boynton Beach's LHR 1.80 Supplemental Disclosures Pursuant to FRCP 26(e). 09/27/16 Preparation of e-mail to Oscar Marrero, Esq. re: enclosing RKD 0.30 incident related documents pertaining to Clifford Henfield and Clergy meeting recording related to Rev. Whitely. 09/27/16 Telephone conference with Sgt. Picciano re: Disciplinary NSM 0.30 Accountability Matrix, 09/27/16 Receipt and review of medical records from Dr. Phil Heller LHR 0.50 pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/27/16 Receipt and review of correspondence from Harriet Lewis, Esq. LHR 0.20 re: Exhibit 3 flash drive pursuant to deposition of Roy Bedard. 09/27/16 Receipt and review of correspondence from Dr. Jonathan Rapp LHR 0.20 re: requiring authorization executed by Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/27/16 Attendance at meeting with Officer Ray Thomas at City Hall in LHR 2.10 Boynton Beach, FL. 09/27/16 Preparation for Plaintiffs deposition of Dr. Zeide and City's LHR 1.20 depositions of Rev. Richard Dames, Darton King, Clifford Henfield, and Rev. Ray Whitely, the following day. 09/27/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Sgt. Sedrick Aiken. Page 245 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 40 ., MI 4:1.110 , Date Services rey Hours 09/27/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: depositions of Rev. Richard Dames, Darion King, Clifford Henfield, and Rev. Ray Whitely. 09/27/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: deposition of Dr. Michael Zeide. 09/27/16 Preparation of e-mail to all counsel re: advising of cancellation LHR 0.10 of depositions of Rev. Dames and Darion King, and upcoming depositions of Clifford Henfield and Rev. Ray Whitely. 09/27/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Schwartz re: upcoming depositions of Clifford Henfield and Rev. Ray Whitely, 09/27/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Oldehoff re: upcoming depositions of Dr. Michael Zeide, Clifford Henfield and Rev. Ray Whitely. 09/27/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Martinez re: upcoming depositions of Clifford Henfield and Rev. Ray Whitely. 09/27/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Martinez re: upcoming deposition of Dr. Michael Zeide. 09/27/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Marrero re: upcoming depositions of Clifford Henfield and Rev. Ray Whitely. 09/27/16 Receipt and review of e-mail from Oscar Marrero, Esq. re: LHR 0.20 additional documents pertaining to Plaintiff, Byron Harris. 09/27/16 Preparation of email response to Oscar Marrero, Esq. re: LHR 0.20 additional documents pertaining to Plaintiff, Byron Harris. 09/27/16 Preparation of additional documents pertaining to Plaintiff, RKD 0.50 Byron Harris for Oscar Marrero, Esq. pursuant to request. 09/27/16 Receipt and review of e-mail from Oscar Marrero, Esq. re: LHR 0.10 status of Columbia Hospital records pertaining to Plaintiff, Byron Harris. 09/27/16 Preparation of email response to Oscar Marrero, Esq. re: status LHR 0.10 of Columbia Hospital records pertaining to Plaintiff, Byron Harris. 09/27/16 Receipt and review of letter of no records received from Wayne LHR 0.20 Barton Study Center pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/28/16 Receipt and review of e-mail from Colleen Edwards, Esq. re: LHR 0.10 deposition transcripts pertaining to Plaintiff, Byron Harris. 09/28/16 Receipt and review of e-mail from Dr. Phil Heller re: status of LHR 0.10 medical records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/28/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.20 re: potential closed door session on October 11 Page 246 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 41 I, :lei s** -I[+ E,0 W."I4:IU141�'t Date Services re ours 09/28/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.20 re: potential closed door session on October 11. 09/28/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: potential closed door session on October 11. 09/28/16 Receipt and review of e-mail from Co -Defendant's counsel Jolly LHR 0.10 re: upcoming depositions of Rev. Ray Whitely and Clifford Henfield. 09/28/16 Telephone conference with witness Clifford Henfield re: issues LHR 0.20 with his deposition due to currently being in Court today and attempting to resolve same. 09/28/16 Preparation of e-mail to Linnes Finney, counsel for Plaintiff, re: LHR 0.30 expert Chuck Joyner and his deposition fee payment. 09/28/16 Telephone conference with Wayne Barton Study Center re: RKD 0.20 status of academic records pertaining to Plaintiff, Byron Harris. 09/28/16 Receipt and review of Affidavit of Service for Dr. Phil Heller LHR 0.10 pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 09/28/16 Receipt and review of e-mail from Sgt. Picciano re: enclosing RKD 0.10 Supervisory Standards for Rewards and Sanctions. 09/28/16 Receipt and review of BBPD's Supervisory Standards for LHR 0.30 Rewards and Sanctions. 09/28/16 Receipt and review of e-mail from Linnes Finney, counsel for LHR 0.20 Plaintiff, re: expert Chuck Joyner and his deposition fee payment. 09/28/16 Preparation of second email to Linnes Finney, counsel for LHR 0.20 Plaintiff, re: expert Chuck Joyner and his deposition fee payment. 09/28/16 Receipt and review of Defendant Ryan's Request for Copies to LHR 0.20 City of Boynton Beach for records received pursuant to our Notice of Production from Non -Party dated September 16, 2016. 09/28/16 Receipt and review of second e-mail from Linnes Finney, LHR 0.20 counsel for Plaintiff, re: expert Chuck Joyner and his deposition fee payment. 09/28/16 Preparation of third email to Linnes Finney, counsel for Plaintiff, LHR 0.20 re: expert Chuck Joyner and his deposition fee payment. 09/28/16 Receipt and review of third email from Linnes Finney, counsel LHR 0.20 for Plaintiff, re: expert Chuck Joyner and his deposition fee payment. 09/28/16 Preparation of fourth email to Linnes Finney, counsel for LHR 0.20 Plaintiff, re: expert Chuck Joyner and his deposition fee payment. 09/28/16 Receipt and review of fourth email from Linnes Finney, counsel LHR 0.20 for Plaintiff, re: expert Chuck Joyner and his deposition fee payment. Page 247 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 42 Date Services re ours 09/28/16 Preparation of correspondence to Linnes Finney, Jr., Esq. and LHR 0.30 Julia Farkas, Esq. re: disciplinary accountability matrix pertaining to Plaintiff, Byron Harris. 09/28/16 Preparation of disciplinary accountability matrix pertaining to RKD 0.40 Plaintiff, Byron Harris for Linnes Finney, Jr., Esq. and Julia Farkas, Esq. 09/28/16 Preparation of correspondence to defense expert, Chuck LHR 0.30 Joyner re: additional documents pertaining to Plaintiff, Byron Harris. 09/28/16 Preparation of additional documents pertaining to Plaintiff, RKD 1.00 Byron Harris for defense expert, Chuck Joyner's file and review. 09/28/16 Preparation of correspondence to defense expert, Dr. Michael LHR 0.30 Zeide re. additional records pertaining to Plaintiff, Byron Harris for his file and review. 09/28/16 Preparation of additional records pertaining to Plaintiff, Byron RKD 0.50 Harris for defense expert, Dr. Michael Zeide for his file and review. 09/28/16 Telephone conference with Department of Correction re: RKD 0.20 additional information pertaining to Plaintiff, Byron Harris. 09/28/16 Correspondence to City Risk Manager Julie Oldbury re: ABE 1.10 summary of depositions of Officer Cory Herny and Leah Rebekah Devery. 09/28/16 Receipt and review of academic records received from the LHR 0.50 School District of Palm Beach County pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/28/16 Telephone conference with Charlotte County Sheriffs Office re: RKD 0.20 status of additional records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/28/16 Preparation of correspondence to all defense counsel re: LHR 0.30 additional deposition transcript pertaining to Plaintiff, Byron Harris. 09/28/16 Receipt and review of Defendant Medeiros' Request for Copies LHR 0.20 to Plaintiff Harris for records produced by City in Response to Plaintiffs Fourth Request for Production. 09/28/16 Attendance at deposition of Rev. Ray Whitely at offices of US LHR 1.80 Legal in West Palm Beach, FL 09/28/16 Preparation of Public Records Request to Charlotte County LHR 0.60 Clerk of Court for certified copies of judgments against Plaintiff Harris. 09/28/16 Preparation for Plaintiffs upcoming deposition of defense LHR 0.70 expert Charles Joyner 09/28/16 Attendance at Plaintiffs deposition duces tecum of CME LHR 1.90 physician Dr. Zeide in Boynton Beach, FL, Page 248 of 728 Client: City of Boynton Beach Matter: 16110 - Harris v. Boynton Beach U*714159111 Date Services 09/28/16 Receipt and review of e-mail from Oscar Marrero, Esq. re adopting Defendant, City of Boynton Beach's Rule 26 disclosures. October 13, 2016 Page 43 Attorney r LHR 0.10 09/29/16 Correspondence to Dr. Jonathan Rapp re: acknowledging his AGA concerns over production of records of Plaintiff pursuant to our subpoena, however, Federal Rules of Civil Procedure were complied with and Plaintiffs counsel has no objection to production of records, therefore, requesting his compliance with subpoena to him. 0.40 09/29/16 Correspondence to City Risk Manager Julie Oldbury r: LHR 0.80 summary of deposition of Angela Edwards. 09/29/16 Preparation of e-mail to City Paralegal Lynn Swanson re: AGA 0.20 depositions of Officer Ray Thomas and Sgt. Llopis and continued deposition of Chief Katz. 09/29/16 Preparation of e-mail to Plaintiffs counsel Farkas re: AGA 0.20 depositions of Sgt. Aiken, Chief Katz, Officer Thomas, Sgt. Llopis, Dr. Adami, Dr. Garrett, Dr. Habib, Tiesha Mack, Jessica Val, Stephanie Civil, Darion King, Rev. Richard Dames, Cornelius Edwards, Henry Michael Edwards Il, DIS McCutchen, DIS K. Knight, DIS Sanjeev Ramasawmi, Dr. Heller, DR. Shams, Dr. White, and Nicholas Tiscione. 09/29/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz to Plaintiffs counsel Finney re: upcoming deposition of defense expert Chuck Joyner. 09/29/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: AGA 0.10 continued deposition of Chief Katz and depositions of Officer Thomas, Sgt. Aiken, and Sgt. Llopis. 09/29/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.10 continued deposition of Chief Katz and depositions of Officer Thomas, Sgt. Aiken, and Sgt. Llopis and additional depositions necessary in case, therefore, requesting agreement to additional extension of discovery cutoff to complete necessary depositions in case. 09/29/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 upcoming deposition of defense expert Dr. Colin Jordan in Houston 09/29/16 Receipt and review of e-mail from Plaintiffs counsel Finney r: LHR 0.10 deposition of Sgt. Sedrick Aiken. 09/29/16 Preparation of email response to Plaintiffs counsel Finney re: LHR 0.10 deposition of Sgt. Sedrick Aiken. 09/29/16 Travel to Houston, Texas and meet with expert witness Chuck LHR 6.90 Joyner in preparation for his deposition the next day. 09/30/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.70 summary of Plaintiffs deposition of defense CME physician Dr. Michael Zeide. Page 249 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 44 • Date Services rHours 09/30/16 Receipt and review of e-mail from expert Chuck Joyner re: his LHR 0.50 Supplemental Report, and review of same. 09/30/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 defense expert Chuck Joyner's Supplemental Report. 09/30/16 Correspondence to Plaintiffs counsel Linnes Finney re: AGA 0.20 confirmation of parties' agreement to extend discovery for a few additional weeks in order to complete necessary depositions. 09/30/16 Receipt and review of Plaintiffs Notice of Taking Video AGA 0.20 Deposition of Sgt. Sedrick Aiken. 09/30/16 Telephone conference with Tracy DeCarlo re: deposition AGA 0.20 transcripts for Ashley Hill and Jeffrey Braswell. 09/30/16 Receipt and review of medical records received from Dr. Phil AGA 0.50 Heller pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/30/16 Receipt and review of letter of no records received from Delray AGA 0.20 Medical Center pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 09/30/16 Telephone conference with Reception and Medical Center re: RKD 0.20 status of medical records pertaining to Plaintiff, Byron Harris. 09/30/16 Review 300 emails received from City of Boynton Beach in NSM 2.50 response to Plaintiffs Third Request to Produce Request 7 in order to remove non responsive emails or redact privileged information. 09/30/16 Preparation of correspondence to Harriet Lewis re: Exhibit 3 AGA 0.30 pertaining to deposition of Plaintiff, Byron Harris' expert, Roy Bedard. 09/30/16 Preparation of materials for use and potential exhibit at RKD 1.00 Plaintiffs deposition of Sergeant Sedrick Aiken. 09/30/16 Research federal case law and rules of civil procedure re AGA 3.50 striking non-party witness for failure to appear for deposition in preparation of Motion to Strike Charlene Edwards as a witness. 09/30/16 Attendance at Plaintiffs deposition of defense expert Chuck LHR 10.50 Joyner in Houston, Texas, and return to West Palm Beach, Florida. 09/30/16 Receipt and review of e-mail from City Paralegal Lynn Swanson AGA 0.10 re: depositions of Chief Katz, Officer Thomas, Sgt. Llopis, and Sgt. Aiken. 09/30/16 Receipt and review of second e-mail from Oscar Marrero, Esq. AGA 0.10 re: requesting additional documents pertaining to defense expert, Dr. Chuck Joyner. 09/30/16 Preparation of email response to Oscar Marrero, Esq. re: AGA 0.20 requesting additional documents pertaining to defense expert, Dr. Chuck Joyner. 09/30/16 Preparation of additional documents pertaining to defense RKD 0.50 expert, Dr. Chuck Joyner for Oscar Marrero, Esq. Page 250 of 728 Client: City of Boynton Beach Matter: 16110 - Harris v. Boynton Beach .�4 • sF> =�T 09/30/16 Preparation of e-mail to Tracey DeCarlo, Esq. re: requested deposition transcripts pertaining to Plaintiff, Byron Harris. 09/30/16 Receipt and review of email response from Tracey DeCarlo, Esq. re: requested deposition transcripts pertaining to Plaintiff, Byron Harris. 09/30/16 Preparation of Exhibit 3 pertaining to Plaintiff, Byron Harris pursuant to deposition of Plaintiffs Expert, Roy Bedard. 09/30/16 Receipt and review of medical records from Columbia Hospital pertaining to Plaintiff, Byron Harris pursuant to executed authorization. 09/30/16 Telephone conference with Columbia Hospital re: status of psychological records pertaining to Plaintiff, Byron Harris pursuant to executed authorization. October 13, 2016 Name Page 45 Attorney Hours AGA 0.10 AGA 0.20 RKD 1.00 AGA 0.70 Coe Name Hours Rate A E Alex B. Ershock, Associate 14.20 140.00 AGA Andrea G. Amigo, Partner 44.30 165.00 KRH Keith R. Hedrick, Associate 4.10 140.00 LHR Lyman H. Reynolds, Jr., Partner 209.00 165.00 NSM Nicholas S. Madsen, Associate 16.10 140.00 RKD Rebecca K. Davis, Paralegal 66.30 80.00 Total Professional Services 354.00 Outside Printing Diagnostic films. - Medical Center Date Description 09/01/16 Subpoena Fees #LAS -2016010472 service: Wellington Regional re: Harris - Legal Advocate Services, Inc. 09/01/16 Subpoena Fees #LAS -2016010473 service: Medical Center re: Harris - Legal Advocate Services, Inc. 09/01/16 Subpoena Fees #LAS -2016010474 service: The Geo Group re: Harris - Legal Advocate Services, Inc. 09/01/16 Subpoena Fees #LAS -2016010475 service: South County re: Harris - Legal Advocate Services, Inc. 09/01/16 Outside Printing Public records request. - Charlotte County Sheriffs Office 09/01/16 Outside Printing Diagnostic films. - Wellington Regional Medical Center 09/01/16 Deposition Transcripts #1344271 transcript Michael Brown, re: Harris - U.S. Legal Support, Inc. 09/02/16 Outside Printing Diagnostic films. - Medical Center Imaging 0.20 Amount 1,988.00 7,309.50 574.00 34,485.00 2,254.00 5,304.00 $51,914.50 Amount 25.00 25.00 25.00 25.00 48.32 75.00 377.00 55.00 Page 251 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 46 Date Description mount 09/06/16 Telephone Long Distance Charge Telephone Conference 5.12 with Co-defendants' Attorneys to discuss ability/inability to share police practices expert. - Vast Conference Call paid via American Express 09/06/16 Photocopies 2.10 09/07/16 Witness Fees fee for deposition of Plaintiffs expert Roy 1,700.00 Bedard - Roy Bedard 09/07/16 Travel Boca Raton: attend Plf's depo of Lief Broberg..„ 38.88 Lyman H. Reynolds, Jr. 09/07/16 Court Reporter #170060: depo transcript, Dr. Pierre 930.00 Dorsainvil, Dr. Manuel Montes de Oca. - Florida Court Reporting 09/08/16 Subpoena Fees #LAS -2016010471 service: Columbia 25.00 Hospital re:Harris - Legal Advocate Services, Inc. 09/08/16 Photocopies Color copies 2.00 09/08/16 Travel Tallahassee: attend depo, Plfs expert, Roy Bedard. 1,301.32 Lodging $131.63; Meals $109.13; Airline $1,015.20; Auto rental $79.04; Parking $26.00; Tips $12.00. - Lyman H. Reynolds, Jr. 09/08/16 Photocopies Color copies 10.00 09/09/16 Outside Printing CD Reproduction pursuant to deposition. - 50.00 Craig H. Lichtblaw, M.D., P.A. 09/12/16 Photocopies 87.30 09/12/16 Copies of documents #200481077: West Palm Hospital re: 3.90 Byron Harris. - HealthPort 09/13/16 Travel Tallahassee: attend depo, Plfs expert, Roy Bedard. 71.68 Lodging $131.63; Meals $109.13; Airline $1,015.20; Auto rental $79.04; Parking $26.00; Tips $12.00. - Lyman H. Reynolds, Jr. 09/13/16 Subpoena Fees #LAS -2016011104 RC: Manuel Montes 25.00 re: Harris - Legal Advocate Services, Inc. 09/13/16 Outside Printing medical recs, re: Harris - South County 23.00 Mental Health Center, Inc. 09/13/16 Court Reporter #169987: depo transcript, Craig Lichtblau, 635.40 MD. - Florida Court Reporting 09/13/16 Photocopies 27.30 09/13/16 Photocopies 5.70 09/14/16 Photocopies 48.00 09/15/16 Facsimile Fax to 804-665-2940. 7.00 09/15/16 Postage Public record request. 2.41 09/15/16 Photocopies 7.20 09/15/16 Photocopies 18.90 09/15/16 Photocopies 47.70 09/16/16 Photocopies 5.10 09/16/16 Photocopies 3.90 09/16/16 Photocopies 6.60 09/16/16 Photocopies 2.40 09/16/16 Photocopies 5.70 09/19/16 Subpoena Fees #LAS -2016011105 service: Pierre 25.00 Dorsainvil re: Harris - Legal Advocate Services, Inc. Page 252 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 47 AF-1:1J:T441Tii4li�^3 Date Description Amount 09/19/16 Subpoena Fees #LAS -2016010162 service: Leah 25.00 Rebekeh re: Harris - Legal Advocate Services, Inc. 09/19/16 Outside Printing Public records request. - Palm Springs 5.87 Police Department 09/20/16 Photocopies 0.90 09/20/16 Photocopies 112.50 09/21/16 Outside Printing Court records. a Sharon R. Bock, Clerk 64.50 and Comptroller 09/21/16 Outside Printing Social Security Records - Social Security 38.00 Administration 09/21/16 Outside Printing Public records request. - State Attorney's 181.53 Office 09/21/16 Photocopies 14.40 09/23/16 Photocopies 11.70 09/23/16 Photocopies Color copies 6.00 09/23/16 Photocopies 33.90 09/23/16 Photocopies 4.20 09/23/16 Photocopies 1.20 09/23/16 Photocopies 1.20 09/27/16 Travel Boynton Beach: attend meeting wlOfficer Ray 25.92 Charles. - Lyman H. Reynolds, Jr. 09/28/16 Travel Boynton Beach: attend Plfs depo of Dr. Michael 31.32 Zeide. - Lyman H. Reynolds, Jr. 09/29/16 Subpoena Fees #LAS -2016011794 service: Brianna 56.00 Garrett re: Harris - Legal Advocate Services, Inc. 09/29/16 Subpoena Fees #LAS -2016011698 service: Jeffrey 50.00 Braswell re: Harris - Legal Advocate Services, Inc. 09/29/16 Subpoena Fees #LAS -2016011933 service: School District 25.00 re: Harris - Legal Advocate Services, Inc. 09/29/16 Subpoena Fees #LAS -2016011793 service: Carol Adami 50.00 re: Harris - Legal Advocate Services, Inc. 09/29/16 Subpoena Fees #LAS -2016011937 service: Corizon 28.00 Health re: Harris - Legal Advocate Services, Inc. 09/29/16 Subpoena Fees #LAS -2016011938 service: Burger King 28.00 re: Harris - Legal Advocate Services, Inc. 09/29/16 Subpoena Fees #LAS -2016011936 service: Delray Beach 25.00 re: Harris - Legal Advocate Services, Inc. 09/29/16 Subpoena Fees #LAS -2016011935 service: Delray 25.00 Medical re: Harris - Legal Advocate Services, Inc. 09/29/16 Subpoena Fees #LAS -2016012051 service: Jonathan 25.00 Rapp re: Harris - Legal Advocate Services, Inc. 09/29/16 Subpoena Fees #LAS -201 601 1 934 service: Wayne Barton 25.00 re: Harris - Legal Advocate Services, Inc. 09/29/16 Subpoena Fees #LAS -2016012052 service. Phil Heller re: 25.00 Harris - Legal Advocate Services, Inc. 09/29/16 Subpoena Fees #LAS -2016012053 service: Cafe Madrid 30.00 re: Harris - Legal Advocate Services, Inc. 09/29/16 Subpoena Fees #1355397 Transcript Jeffrey Braswell re: 135.00 Harris - U.S. Legal Support, Inc. 09/29/16 Subpoena Fees #1354397 Transcript Pilot Karp re: Harris 309.20 . U.S. Legal Support, Inc. Page 253 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 48 pit.,] 111:-'14,TJI ;qkiI Date Description Amount 09/29/16 Subpoena Fees #1354378 Transcript Cory Gary re: Harris 312.10 - U.S. Legal Support, Inc. 09/29/16 Subpoena Fees #1354391 Transcript Ofc. Harris & 701.00 DeGuilio re: Harris - U.S. Legal Support, Inc. 09/29/16 Subpoena Fees #1355223 Transcript Braswell & Ashley 2,991.35 Hill re: Harris - U.S. Legal Support, Inc. 09/29/16 Subpoena Fees #1352728 Transcript Kelly Harris & Robin 739.70 Eichorst re: Harris - U.S. Legal Support, Inc. 09/29/16 Subpoena Fees #1352722 Transcript Slater & Ofc. 489.70 Martinez re: Harris - U.S. Legal Support, Inc. 09/29/16 Subpoena Fees #1353223 Chief Katz re: Harris - U.S. 657.45 Legal Support, Inc. 09/29/16 Subpoena Fees #1353194 Chief Patrick Monteith re: 313.90 Harris - U.S. Legal Support, Inc. 09/29/16 Subpoena Fees #1353190 Jeffrey Williams re: Harris - 276.75 U.S. Legal Support, Inc. 09/29/16 Subpoena Fees #1353127 Transcript, Rivera, J. Harris, C. 970.05 Ramos re: Harris - U.S. Legal Support, Inc. 09/29/16 Subpoena Fees #1351353 Depo: Dr Garrett & Dr. Adami 170.00 re: Harris - U.S. Legal Support, Inc. 09/30/16 Photocopies Color copies 21.00 09/30/16 Photocopies 15.60 09/30/16 Photocopies Color copies 7.00 09/30/16 Photocopies 66.90 09/30/16 Photocopies 1. Total Disbursements $14,916.57 CURRENT BILL TOTAL T DUE $ 66,831.07 Balance Forward: Payments & Adjustments: �1 $ff-TMt1=0- 66,831.07 Page 254 of 728 Please return this page with remittance to Roberts, • !; - Reynolds, •' • is Tuzzio, 470 Columbia West Palm Beach, Florida • III Number: 35229 Bill Date: October 13, 2016 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 16110 Matter Name: Harris v. Boynton Beach Total Professional Services 51,914.50 Total Disbursements 14,916.57 CURRENT ILL TOTAL AMOUNT DUE $ 66,831. 7 Balance Forward: 51,425.37 Payments & Adjustments: -51,425.37 Total Due: $ 66,831.07 Past Due Balance 0.00 TOTAL AMOUNT DUE Page 255 of 728 ROBERTS, REYNOLDS, t D 470 Columbia Drive, �uite C-101 West Palm Beach, Florida 33409 a . , � • ." 141:: City of Boynton Beach October 13, 2016 Attn: Julie Oldbury Bill No. 35228 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Broberg v. Boynton Beach et al. 15414 Claim #001470 -000390 -EP -01 BILL FOR FEES AND COSTS THROUGH 09/30/16 Date Services Attorney Hours 09/01/16 Preparation of proposed Order on City's Motion to Dismiss LHR 0.20 Plaintiffs Complaint for upcoming hearing on same. 09/01/16 Receipt and review of City Attorney DeCarlo re: issues with LHR 0.20 Court's eportal not serving her office with filings in case and requesting assistance for same. 09/01/16 Preparation of email response to City Attorney DeCarlo re: LHR 0.20 acknowledging issues with Court's eportal not serving her office with filings in case and providing assistance for same. 09/01/16 Receipt and review of second e-mail from City Attorney LHR 0.20 DeCarlo re: acknowledging assistance for resolution of eportal filing delivery issues. 09/01/16 Preparation of second email to City Attorney DeCarlo re: LHR 0.20 advising issues with Court's eportal not serving her office with filings in case should now be resolved. 09/01/16 Receipt and review of third email from City Attorney DeCarlo re: LHR 0.20 acknowledging resolution of issues with Court's eportal not serving her office with filings in case. 09/01/16 Extensive telephone conference with Plaintiffs counsel Adrian LHR 0.40 Alvarez re: pending Motion to Dismiss and issues with regard to collective bargaining agreement and administrative remedies, and extensive discussions concerning same. 09/06/16 Correspondence to Ricardo Reyes counsel for Plaintiff re: LHR 0.30 agreement between City of Boynton Beach and the Palm Beach County Police Benevolent Association. 09/07/16 Receipt and review of correspondence from Co -Defendant LHR 0.20 Katz' counsel Burke to Judge Gillen re with courtesy copy of documentation for upcoming hearing on Katz' Motion to Dismiss. Page 256 of 728 Client: City of Boynton Beach Matter: 15414 - Broberg v. Boynton Beach et al. k.* r 09/07/16 Receipt and review of Plaintiffs Response and Memorandum of Law in Opposition to Defendant City's Motion to Dismiss. 09/07/16 Receipt and review of Plaintiffs Response and Memorandum of Law in Opposition to Defendant Katz' Motion to Dismiss. October 13, 2016 Page 2 Attorney Hours LHR 0.60 LHR 0.40 09/08/16 Initial preparation of opposition to Plaintiffs Response to City's NSM Motion to Dismiss; City's Motion to Dismiss; and Plaintiffs Complaint and attachments thereto in order to prepare City's Reply to Plaintiffs Response in Opposition to City's Motion to Dismiss. 09/08/16 Research case law re: Whistle -blower Act requirements for NSM exhaustion of administrative remedies in order to prepare City's Reply to Plaintiffs Response in Opposition to City's Motion to Dismiss. 09/09/16 Receipt and review of correspondence from Plaintiffs' counsel NSM 1.80 1.70 1.50 Page 257 of 728 Reyes to Judge Gillen with courtesy copies of Defendants' Motions to Dismiss, Plaintiffs Responses in Opposition to same and applicable case law for upcoming hearing on same (266pgs). 09/09/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Responses and Memorandums of Law in Opposition to Defendants City and Katz' respective Motions to Dismiss. 09/09/16 Review of Plaintiffs Complaint, Answers to Interrogatories, and KRH 0.70 Response to Request to Produce in preparation of filing a motion to compel better answers to discovery and overrule objections. 09/09/16 Receipt and review of Defendant Crawford's Notice of LHR 0.10 Unavailability. 09/09/16 Preparation of Defendant, City of Boynton Beach's, Reply to NSM 1.80 Plaintiffs Response and Memorandum of Law in Opposition to City's Motion to Dismiss. 09/12/16 Receipt and review of Plaintiffs First Request for Production of LHR 0.50 Documents to Defendant City of Boynton Beach. 09/13/16 Correspondence to Judge Gillen re: courtesy copy of City's NSM 0.20 Reply to Plaintiffs Response in Opposition to City's Motion to Dismiss Complaint with case law cited therein. 09/13/16 Telephone conference with Tracey DeCarlo counsel for NSM 0.30 Boynton Beach re: City's Motion to Dismiss. 09/15/16 Review of Plaintiffs Complaint and attachments thereto, City's NSM 2.00 Motion to Dismiss, Chief Katz's Motion to dismiss, and responses and replies pertaining thereto, as well as case law cited therein, in order to prepare for the hearing on City's and Chief Katz's Motions to Dismiss. 09/16/16 Attendance at Special Set Hearing on Katz's Motion to Dismiss NSM 2.80 and City's Motion to Dismiss before Judge Gillen at the Palm Beach County Courthouse. Page 257 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 15414 - Broberg v. Boynton Beach et al. Page 3 -0 a Date Services orny Hours 09/16/16 Receipt and review of Defendant Katz's Notice of Supplemental LHR 0.90 Authority and review case law cited therein. 09/16/16 Receipt and review of correspondence from Co -Defendant's LHR 0.20 counsel Burke to Judge Gillen re: Defendant Katz's Notice of Supplemental Authority 09/16/16 Receipt and review of e-mail from Adrian Alvarez counsel for NSM 0.20 Plaintiff re: outcome of hearing on Defendant, Katz and City of Boynton Beach's Motions to Dismiss Plaintiffs Complaint. 09/16/16 Preparation of email response to Adrian Alvarez counsel for NSM 0.20 Plaintiff re: Judge's directives on Orders for outcome of hearing on Defendant, Katz and City of Boynton Beach's Motions to Dismiss Plaintiffs Complaint. 09/16/16 Receipt and review of second e-mail from Adrian Alvarez NSM 0.20 counsel for Plaintiff re. Judge's directives on Orders for outcome of hearing on Defendant, Katz and City of Boynton Beach's Motions to Dismiss Plaintiffs Complaint. 09/16/16 Preparation of second email to Adrian Alvarez counsel for NSM 0.20 Plaintiff re: Judge's directives on Orders for outcome of hearing on Defendant, Katz and City of Boynton Beach's Motions to Dismiss Plaintiff's Complaint. 09/16/16 Receipt and review of third email from Adrian Alvarez counsel NSM 0.20 for Plaintiff re: Judge's directives on Orders for outcome of hearing on Defendant, Katz and City of Boynton Beach's Motions to Dismiss Plaintiffs Complaint. 09/16/16 Receipt and review of e-mail from Co -Defendant Crawford's LHR 0.20 counsel Lewis re: upcoming hearing on City and Katz's respective Motions to Dismiss. 09/19/16 Correspondence to Adrian Alvarez counsel for Plaintiff re: CBA NSM 0.30 Agreement between City of Boynton Beach and Palm Beach County Benevolent Association. 09/19/16 Correspondence to Julie Oldbury City of Boynton Beach re: NSM 0.30 outcome of hearings on Defendants' Motions to Dismiss. 09/22/16 Preparation of initial draft Response to Plaintiffs Request to LHR 1.80 Produce. 09/23/16 Preparation of correspondence to Julie Oldbury re: enclosing LHR 0.30 initial draft Response to Plaintiffs Request to Produce. 09/23/16 Receipt and review of e-mail from Julie Oldbury re: access to RKD 0.20 shared DropBox for City to provide responsive documents to Plaintiffs Request to Produce. 09/28/16 Telephone conference with Sgt. Picciano re: Plaintiffs First KRH 0.30 Request to Produce. Page 258 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 15414 - Broberg v. Boynton Beach et al. Page 4 1 7T01J*1 iC*7 T� 1ti+1 -: &-1-191AL, T-1 &A Code Name Hours Rate Amount KRH Keith R. Hedrick, Associate 1.00 140.00 140.00 LHR Lyman H. Reynolds, Jr., Partner 7.30 165.00 1,204.50 NSM Nicholas S. Madsen, Associate 13.70 140.00 1,918.00 RKD Rebecca K. Davis, Paralegal 0.20 80.00 16.00 Total Professional Services 22.20 $3,278.50 Date Description 09/09/16 Photocopies 09/16/16 Court Reporter #170070: proceedings before Judge Gillen. Attendance only. - Florida Court Reporting 09/26/16 Costs Advanced WPB: attend hearing, Katz' M/Dismiss, City's M/Dismiss. Parking. -- Nicholas Madsen 09/30/16 Photocopies 09/30/16 Photocopies Color copies 09/30/16 Photocopies Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Amount 79.80 85.00 1.00 23.40 114.00 8.40 $311.60 668.10 -668.10 3,590.10 Page 259 of 728 to 'r\,oberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 35228 Bill D. October 13, 2016 Client Code: 032 'Colient Name: City of Boynton Beath Matter Code: 16414 Matter Name: Broberg v. Boynton Beach et al. Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 3,278.50 311.60 $ 3,590.10 668-10 -668-10 $ 3,590.10 0.00 $3,590-10 Page 260 of 728 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 City of Boynton Beach Attn: Julie Oldbury P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Yesnick v. Boynton Beach Claim #N/A BILL FOR FEES AND COSTS THROUGH 09/30116 U "As 11 0 08/09/16 Preparation of audit response to Caler, Donten, Levine, Porter & Veil, PA pertaining to Plaintiff, Christopher Yesnick. 09/24/16 Receipt and review of extensive medical records from New Jersey Workers' Compensation pertaining to Plaintiff, Christopher Yesnick pursuant to executed authorization. Code Name Hours LHR Lyman H. Reynolds, Jr., Partner 6.10 Total Professional Services 6.10 Date Description 06/28/16 Court Reporter #169262: proceedings before Judge Colin. - Florida Court Reporting Photocopies thru 09/30/16 Total Disbursements October 13, 2016 Bill No. 35227 032 13300 Attorney Hours LHR 0.20 LHR 5.90 to Amount 165.00 1,006.50 $1,006.60 Amount 85.00 ENK11 Page 261 of 728 Client: City of Boynton Beach October 13, 2016 Matter: 13300 - Yesnick v. Boynton each Page 2 CURRENT BILL TOTAL AMOUNT DUE $ 1,242.70 Balance Forward: 18,762.23 Payments & Adjustments: -18,762.23 Total Due: $ 1,242.70 Page 262 of 728 to .Aoberts, Reynolds,Bedard i, Tuzzio, 470 Columbia West Palm Beach, ! 33409 Bill Number: Bill Date: October 1 Code:Client 032 Client Name: City of Boynton Mafter Code: k! Mafter Name: Yesnick v. Boynton Total Professional Services Total Disbursements 1,006.50 236.20 CURRENT BILL TOTAL AMOUNT 1,242.70 Balance Forward: 18,762.23 Payments & Adjustments: -18,762.23 Total Due: $ 11,24170 Past Due Balance 0.00 TOTAL AMOUNT DUE $1,242.70 Page 263 of 728 REYNOLDS, BEDARD 1 Columbia Drive,E West Palm Beach, r ;d. 33409 Telephone(561)688-6560 Tax 11` 411:. City of Boynton Beach Attn: Julie Oldbury P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Boynton Old School v. Boynton Beach Claim #NIA BILL FOR FEES AND COSTS THROUGH 09/30/16 08/09/16 Preparation of audit response to Caler, Donten, Levine, Porter & Veil, PA pertaining to Plaintiff, Boynton Old School. 09/15/16 Receipt and review of e-mail from City Attorney Jim Cherof re: questions concerning status of Court's ruling on Motion to Compel. 09/15/16 Preparation of email response to City Attorney Jim Cherof re: answering his questions concerning status of Court's ruling on Motion to Compel and advising we do not anticipate ruling for potentially next few months due to length of time it took to obtain ruling for prior Motion to Dismiss. Coe Name Hours LHR Lyman H. Reynolds, Jr., Partner 0.60 Total Professional Services 0.60 October 13, 2016 Bill No. 35226 032 13214 /, ftorney ft-y8ours LHR 0.20 LHR 0.20 LHR 0.20 Rate Amount 165.00 99.00 Page 264 of 728 Client: City of Boynton Beach Matter: 13214 - Boynton Old School v. Boynton Beach rellIZI- • ■ Payments & Adjustments: Page 265 of 728 imm to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 36226 Bill Date: October 13, 2016 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 13214 Matter Name: Boynton Old School v. Boynton Beacl- Total Professional Services Total Disbursements Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE Page 266 of 728 470 Columbia Drive,O' West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax 1D No. 65-0004867 City of Boynton Beach October 13, 2016 Attn: Julie Oldbury Bill No. 9913176 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Jones v. Boynton Beach 13176 Claim # BILL FOR FEES AND COSTS THROUGH 10/10/16 Date ices Attorney Hours 08/09/16 Preparation of audit response to Caler, Donten, Levine, Porter LHR 0.20 & Veil, PA pertaining to Plaintiff, Thomas Jones. 09/01/16 Receipt and review of correspondence from 11th DCA Clerk GPR1 0.40 David Smith to US District Court Clerk Steven Larimore with 11th DCA's Entry of Dismissal of Appeal for want of prosecution for failure to timely file Appellant's Brief and Appendix. 09/01/16 Correspondence to City Risk Manager Julie Oldburey re: 11th GPR1 0.20 DCA's Entry of Dismissal of Appeal for want of prosecution for failure to timely file Appellant's Brief and Appendix. 09/01/16 Receipt and review of e-mail from City Risk Manager Julie LHR 0.20 Oldbury re: acknowledging 11th DCA's dismissal of case. 09/01/16 Preparation of email response to City Risk Manager Julie LHR 0.10 Oldbury re: resolution of case pursuant to 11th DCA's dismissal due to Appellant's failure to file Brief and Appendix. 09/05/16 Receipt and review of e-mail from Gallagher Bassett adjuster LHR 0.20 Mary Krhovsky re: requesting update as to status of case. 09/05/16 Preparation of email response to Gallagher Bassett adjuster LHR 0.20 Mary Krhovsky re: advising as to current status of appeal and dismissal entered. 09/21/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 advising Appellate has failed to timely file any Brief with Motion to File Out of Time for Good Cause, therefore, closing file. Page 267 of 728 Client: City of Boynton Beach Matter: 13176 - Jones v. Boynton Beach PROFESSIONAL SERVICES Code Name Hours Rate GPR1 George P. Roberts, Jr., 4f Counsel 0.60 165.00 LHR Lyman H. Reynolds, Jr., Partner 1.10 165.00 Total Professional Services _ 1.70 CURRENT ILL TOTAL AMOUNT DUE $ Balance Forward: Payments & Adjustments: Total Due: Amount 99.00 181.50 $280.50 280.60 1,998.50 -1,998.50 280.50 Page 268 of 728 Plese return this page with remittance M to 1 Columbia Drive, Suite C-101 Beach,West Palm • •'a 1' ;MVP in, * Bill D.te: October 13, 2016 Code:Client 032 Client Name: City of r' • Code:Matter Name: JonesMatter • • Total Professional Services Total Disbursements 280.50 MM CURRENT BILL TOTAL 280.50 Balance Forward: 1,998.50 Payments & Adjustments: -1,998.50 Total Due: 280.50 Past Due Balance 0,00 TOTAL AMOUNT DUE $280.50 Page 269 of 728 • Douglas Centre, PH -4 2600 Douglas Road Coral Gables, FIL 33134 October TAX I.U. 03-0486999 Julie Oldbury, Director of Human Resources and Risk Manageme City of Boynton Beach 100 E. Boynton Beach Blvd, Boynton Beaach, FL 33435 In Reference To: Harris v. City of Boynton Beach, et al. Professional Services 9/1/2016 OEM Rec and rev Return of Service re: subpoena Telephone: 305-446-5528 Fax: 305-446-0995 Invoice 2999 No. Hours Amount Amount 0.10 $14.00 $14.00 8.00 $1,120.00 $1,120.00 0.50 $60.00 $60.00 0.20 $24.00 $24.00 0,50 $70.00 $70.00 0.30 $42.00 $42.00 0.30 $22.50 $22.50 0.50 $37.50 $37.50 0.20 $15.00 $15.00 0.20 $28.00 $28.00 0.80 $96.00 $96.00 Page 270 of 728 to Publix Pharmacy. OEM Attend Jeffrey Braswell, Ashley Hill and Charlene Edwards depositions (Edwards failed to appear) ACH Review file re FBI statements of Ashley Hill and Byron Harris in preparation for Ashley Hill deposition ACH Draft email to defense counsel Harriet Lewis, Don Stephens re Braswell FBI transcript LW Review/revise deposition summary of 3 witnesses; review transcripts LW Review/revise medical records summary (Bethesda and Eye Institute) L Research FDLE criminal records re Jeffrey Braswell; update subpoena status log re return of service to Publix Pharmacy; draft e-mail to City's counsel re status of Wellington Regional Medical Center records JH Review/analyze/summarize Plaintiffs records from Bethesda Hospital JH Review/analyze/summarize of Plaintiffs records from Dr. Habib 9/2/2016 OEM Tele conf with Justin Harris re deposition ACH Review report letters re Plaintiffs medical records re preparation for depositions of Briana Garrett and Carol Adami Telephone: 305-446-5528 Fax: 305-446-0995 Invoice 2999 No. Hours Amount Amount 0.10 $14.00 $14.00 8.00 $1,120.00 $1,120.00 0.50 $60.00 $60.00 0.20 $24.00 $24.00 0,50 $70.00 $70.00 0.30 $42.00 $42.00 0.30 $22.50 $22.50 0.50 $37.50 $37.50 0.20 $15.00 $15.00 0.20 $28.00 $28.00 0.80 $96.00 $96.00 Page 270 of 728 Julie Oldbury, Director of Human Resources and Risk Manageme 9/2/2016 ACH Prepare and attend depositions of Briana • Hours Garrett and Carol Adami (no shows) GL Review/update subpoena status log re $660.00 correspondence from Walmart Pharmacy 0.30 and Walgreens; review City's notice of $22.50 production to request copies of records 9/6/2016 OEM Rec and rev re -notice of Plaintiffs expert's 0.20 deposition (time change) OEM Rec and rev re -notice of Leah Devery $144.00 deposition OEM Rec and rev Defendant Herny request for $72.00 copies to City of Boynton Beach OEM Rec and rev two requests for copies to Justin 0.10 Harris from Defendant Herny OEM Rec and rev Defendant Herny's request for $22.50 copies to Defendant Medeiros ACH Prepare and attend deposition of Byron Karp ACH Review medical records re preparation for depositions of Pierre Dorsainvil and Manuel Montes de Oca LW Prepare and attend defense counsel conference call L Review/update subpoena status log re return of service GL Preparelgatherlsort case materials re depositions of Dr. Dorsainvil and Dr. Montes de Oca, for attorney review JH Review/analyze/summarize voluminous records produced in Plaintiffs response to request for production. These include: South County Mental Health Center, Columbia Hospital ER; very extensive records from Armor Correctional and Corizon; GeoCare Mental Health 9/7/2016 OEM Preparation for Plaintiffs expert deposition (police expert); includes review of expert's underlying data • Hours nt _Amount 5.50 $660.00 $660.00 0.30 $22.50 $22.50 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.40 $56.00 $56.00 0.20 $28.00 $28.00 1.20 $144.00 $144.00 0.60 $72.00 $72.00 0.20 $28.00 $28.00 0.10 $7.50 $7.50 0.30 $22.50 $22.50 8.70 $652.50 $652.50 3.00 $420.00 $420.00 Page 271 of 728 Julie Oldbury, Director of Human Resources and Risk Manageme Page 3 Hours Amount Amount 9/7/2016 ACH Prepare and attend deposition of Manuel 1.70 $204.00 $204.00 Montes de Oca GL Review (continued) of City's discovery 2.30 $172.50 $172.50 materials; draft case index log, for attorney review; prepare/gather case materials for deposition of Roy Bedard, for attorney review 9/8/2016 OEM Rec and rev notice of cancellation of Dr. 0.20 $28.00 $28.00 Habib deposition OEM Attend and depose Plaintiffs police expert 4.00 $560.00 $560.00 Roy Bedard L Prepare case materials for depositions of 1.50 $112.50 $112.50 Pilot Musto, Sgt. Antico and Leif Broberg; review CD containing Deputy Musto's IA and personnel file; GL Review (continued) City's discovery 2.00 $150.00 $150.00 materials; draft case index log, for attorney review 9/9/2016 OEM Rec and rev Defendant Ryan's request for 0.20 $28.00 $28.00 copies to City LW Rec and rev Harriet Lewis's notice of 0.20 $28.00 $28.00 unavailability OEM Rec and rev correspondence from Kmart 0.20 $28.00 $28.00 Pharmacy responsive to our subpoena. OEM Rec and rev Defendant Medeiros' request for 0.20 $28.00 $28.00 copies to City OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Herny's 9/6/16 request for copies OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Mairoino's request for copies OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Defendant Medelro's request for copies OEM Rec and rev City's response to Defendant 0.20 $28.00 $28.00 Ryan's request for copies OEM Rec and rev Defendant Medeiro's request for 0.20 $28.00 $28.00 copies to City Page 272 of 728 Julie Oldbury, Director of Human Resources and Risk Manageme Page 4 Hours n o nt 9/9/2016 OEM Rec and rev 2nd notice of taking deposition 0.40 $56.00 $56.00 of Jeffrey Braswell and subpoena duces tecu m OEM Prepare and attend Leif Broberg, Pilot Musto 8.00 $1,120.00 $1,120.00 and Sgt. Antico depositions GL Review/update subpoena status log re 0.20 $15.00 $15.00 correspondence from Kmart Pharmacy; complete certificate of satisfactory assurances required by Walmart Pharmacy L Prepare/gather case materials for 0.50 $37.50 $37.50 depositions of Corey Herny and Leah Rebekah Devery 9/10/2016 OEM Preparation for Officer Cory Herny deposition 1.00 $140.00 $140.00 9/12/2016 OEM Rec and rev notice of taking deposition of Dr. 0.20 $28.00 $28.00 Zeide OEM Rec and rev Plaintiffs Fourth Request for 0.30 $42.00 $42.00 Production to Defendant, City. OEM Attend deposition of Officer Cory Herny 5.50 $770.00 $770.00 ACH Prepare and attend deposition of Leah 1.40 $168.00 $168.00 Devery 9/13/2016 OEM Tele conf with Lyman Reynolds re Plaintiff's 0.10 $14.00 $14.00 settlement demand and case status OEM Review video statement by Jeff Braswell 1.50 $210.00 $210.00 9/15/2016 OEM Rec and rev e-mail from Lynes Finney re 0.20 $28.00 $28.00 Edwards' doctor's note OEM Rec and rev letter from Lyman Reynolds re 0.30 $42.00 $42.00 Bedard exhibits OEM Rec and rev Notice of Mediation & 0.40 $56.00 $56.00 agreement with instructions from Matrix Mediation. OEM Preparation for Braswell deposition (review of 1.00 $140.00 $140.00 BBPD interview tape) ACH Review medical records re preparation for 0.50 $60.00 $60.00 deposition of Briana Garrett Page 273 of 728 Julie Oldbury, Director of Human Resources and Risk Manageme Pae 5 Hours Amount Amount 9/15/2016 GL Review/sort City discovery materials re 1.00 $75.00 $75.00 preparation for deposition of J. Braswell, for attorney review GL Review/update subpoena status log re 0.10 $7.50 $7.50 correspondence from Columbia Hospital Billing Dept. 9/16/2016 OEM Rec and rev notice of cancellation of Dr. 0.20 $28.00 $28.00 Garrett deposition OEM Attend Jeff Braswell deposition (Phase ll) 4.50 $630.00 $630.00 (failed to appear) 9119/2016 OEM Rec and rev City's supplemental Rule 26 0.30 $42.00 $42.00 disclosure OEM Rec and rev Defendant Mairoino's request 0.20 $28.00 $28.00 for copies to City OEM Rec and rev City's response to Plaintiffs 2nd 0.30 $42.00 $42.00 request for production ACH Review electronic file re upload of all rule 26 0.70 $84.00 $84.00 disclosures and City's discovery production GL Review and index Jon Wasserman materials 4.00 $300.00 $300.00 and City's investigative materials 9/20/2016 OEM Rec and rev Defendant Meideros request for 0.20 $28.00 $28.00 copies to City OEM Rec and rev Plaintiffs request for copies to 0.20 $28.00 $28.00 City ACH Review deposition testimony of Justin Harris 1.30 $156.00 $156.00 re potential issues of fact for failure to intervene/excessive force ACH Draft report re Rule 26 disclosures 2.90 $348.00 $348.00 9/21/2016 OEM Rec and rev letter from Lyman Reynolds 0.20 $28.00 $28.00 GL Review (continued) and index re City's 2.00 $150.00 $150.00 investigative materials 9/22/2016 OEM Rec and rev Plaintiffs notice of video 0.20 $28.00 $28.00 deposition of Chuck Joyner OEM Rec and rev notice and subpoena for 0.40 $56.00 $56.00 deposition - Tiesha Mack Page 274 of 728 Julie Oldbury, Director of Human Resources and Risk Manageme Page 6 Hours Amount Amount 9/22/2016 OEM Rec and rev notice and subpoena for 0.40 $56.00 $56.00 deposition - Rev. Ray Whitely OEM Rec and rev notice and subpoena for 0.40 $56.00 $56.00 deposition - Clifford Henfield OEM Rec and rev notice and subpoena for 0.40 $56.00 $56.00 deposition - Darion King OEM Rec and rev notice and subpoena for 0.40 $56.00 $56.00 deposition - Rev. Richard Dames OEM Rec and rev notice and subpoena for 0.40 $56.00 $56.00 deposition - Angela Edwards GL Review (continued) and index City's 4.00 $300.00 $300.00 investigative and discovery case materials and all records responsive to our requests for copies 9/23/2016 OEM Rec and rev Defendant, City's Response to 0.30 $42.00 $42.00 Plaintiffs Third Request for Production. OEM Rec and rev notice of taking deposition of 0.20 $28.00 $28.00 Chuck Joyner (City's expert) L Prepare/sort case materials for depositions 0.40 $30.00 $30.00 of Angela Edwards and Tiesha Mack 9/26/2016 OEM Rec and rev letter from Lyman Reynolds with 0.50 $70,00 $70.00 attached supplemental report of Dr. Zeid OEM Rec and rev City's motion for order to show 0.30 $42.00 $42.00 cause for Jeffrey Braswell to appear for continued deposition GL Review (continued) and index City's 6.00 $450.00 $450.00 investigative materials; draft case index log ACH Prepare and attend deposition of Tiesha 0.60 $72.00 $72,00 Mack (no show) ACH Draft report letter re summary of Robin 2.20 $264.00 $264.00 Eichorst deposition testimony ACH Prepare and attend deposition of Angela 0.90 $108.00 $108.00 Edwards ACH Draft report letter re summary of Major Kelly 1.50 $180.00 $180.00 Harris deposition testimony Page 275 of 728 Julie Oldbury, Director of Human Resources and Risk Manageme Page 7 Hours Amount Amount 9/26/2016 ACH Draft report letter re summary of Bryon Karp 1.70 $204.00 $204.00 depositions 9/27/2016 OEM Rec and rev City's 2nd supplemental Rule 26 0.30 $42.00 $42.00 disclosure GL Review (continued) City's discovery 7.00 $525.00 $525.00 materials; draft case index log ACH Draft (continued) report letter re summary of 0.40 $48.00 $48.00 Bryon Karp deposition testimony ACH Draft report letter re summary of Justin Harris 2.70 $324.00 $324.00 (822) deposition testimony 9/28/2016 OEM Rec and rev Defendant Ryan's request for 0.20 $28.00 $28.00 copies to City OEM Rec and rev Defendant Medeiro's request for 0.20 $28.00 $28.00 copies to Plaintiff OEM Review file, including discovery production re 1.00 $140.00 $140.00 update Rule 26 disclosures GL Review/compare Plaintiff's Rule 26 7.00 $525.00 $525.00 Disclosures and 20 CDs and City's Rule 26 Disclosures; draft notice of adopting City's Rule 26 Disclosure; draft 2nd supplemental Rule 26 disclosure; continue indexing exhibits ACH Prepare/attend deposition of Michael Zeide 0.60 $72.00 $72.00 ACH Draft report summary of Jeffrey Williams 0.80 $96.00 $96.00 deposition testimony ACH Draft report letter re Patrick Monteith 1.40 $168.00 $168.00 deposition testimony ACH Prepare and attend deposition of Reverend 0.80 $96.00 $96.00 Ray Whitely 9/29/2016 ACH Draft e-mail to Michael Foxhall re Plaintiff 0.20 $24.00 $24.00 deposition/expert materials 9/30/2016 OEM Rec and rev Plaintiffs notice of video 0.20 $28.00 $28.00 deposition of Sgt. Sedrickaiken OEM Rec and rev returns of service for Wal-Mart 0.40 $56.00 $56.00 Pharmacy, CVS Pharmacy,Walgreens Pharmacy, and Fla. DHSMV Page 276 of 728 Julie Oldbury, Director of Human Resources and Risk Manageme Pae 8 Hours urnt Amount 9/30/2016 ACH Review e-mail from Michael Foxhall re expert 0.20 $24.00 $24.00 report ACM Review expert report re preparation for 0.80 $96.00 $96.00 deposition of Charles Joyner ACH Review/reply to e-mail from Michael Foxhall 0.20 $24.00 $24.00 re Plaintiffs deposition transcript ACH Prepare/attend deposition of Charles Joyner 2.20 $264.00 $264.00 For professional services rendered 133.60 $14,868.00 Additional Charges: 9/1/2016 ATT conf call for deposition of Plaintiffs expert (8130116) 112.17 FDLE criminal history check on Jeffrey Braswell 24.00 9/9/2016 Plaintiffs records from Kmart Pharmacy 1.00 9112/2016 Transcripts of Kelly Harris and Robin Eichorst 739.70 9/15/2016 Transcript of Justin Harris deposition 428.70 9/16/2016 Plaintiffs records from Columbia Hospital Billing Dept. 7.49 9/2112016 Mediation fee - Matrix Mediation 388.89 9/28/2016 Service of out-of-state subpoena to CVS Pharmacy 130.00 Service of out-of-state subpoena to Walmart Pharmacy 130.00 9/29/2016 Copies of subpoenaed records from counsel for City 35.00 Service of out-of-state subpoena to Walgreens Pharmacy 130.00 Service of out-of-town subpoena to Department of Highway Safety 66.50 9/30/2016 Photocopies 911 - 9/30/2016 15.05 Total costs $2,208.50 Total amount of this bill $17,076.50 Previous balance $24,918.63 10/5/2016 Payment -Thank You. Check No. 0131292998 ($24,918.63) Total payments and adjustments ($24,918.63) Page 277 of 728 Julie Oldbury, Director of Human Resources and Risk Manageme Timekeeper Summary Name Alexandra C. Hayes Guertty Lopez Joan a Hoffman Lourdes E. Wydler Oscar E. Marrero $17,076.50 Hours Rate 34.50 120,00 39.00 75-00 9.40 75.00 1.20 140.00 49.50 140,00 Page 278 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905039 Boynton Beach FL 33425 STATEMENT NO: 12658 Attn: Lynn Swanson adv, Freeman, Luanne (False Arrest) Billing Category: 18-RLO Claim #001470 -000348 -GB -01 HOURS 10/03/2016 TAD Receipt and review of correspondence from plaintiff re: deposition of Matthew Rounds and prepare response to same. 0.20 10107/2016 TAD Receipt and review notice of deposition of Rounds. Receipt of correspondence from plaintiff re: deposition of Davis. 0.20 10/12/2016 TAD Attend deposition of Davis. Meet and confer with Davis and counsel re: reports and issues with reports. Confer with co -counsel re: further deposition information. 4.30 10/19/2016 STM Draft request for copies for various non-party production 1.50 10/21/2016 TAD Receipt and review of correspondence from plaintiff re: motion for protective order. Receipt of protective order. Prepare correspondence to all counsel re: issues with protective order. 0.50 10/27/2016 TAD Receipt and review of plaintiffs supplemental response to request for production. Review documents produced. 0.80 FOR CURRENT SERVICES RENDERED 7.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHERIE T. rO A 0 00 $187.50 TRACEY A. DECARLO . 00 195,00 1,170.00 TOTAL CURRENT WORK J�1�=1r;fi3��1�1 IiilE� +7 1,357.50 Page 279 of 728 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv, Bertrand, Dieuseul (BBPD arrest) Billing Category 1 8-RLO Claim #001470 -000290 -GB -01 10/2812016 TAD Receipt and review of correspondence re: depositions of police employees and former employees. Receipt of amended complaint and discovery responses. Review file information and IA report re: depositions. FOR CURRENT SERVICES RENDERED 1 ZF-114" .- TOTAL CURRENT WORK • • • RATE 0.60 $195.00 Page: 1 11/02/2016 306-9905044 12659 HOURS 0.60 0.60 117,00 TOTAL $117-00 117.00 $117.00 Page 280 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Laster, Torami (slip & fall) Billing Category 18-RLO Claim #001470 -000342 -GB -01 10/07/2016 TAD Review case law re: consortium claims and prepare motion to dismiss complaint. ACCOUNT NO: STATEMENT NO: HOURS 1.30 10/10/2016 TAD Receipt and review of correspondence from adjuster re: claim information and prepare response to same. 0.30 10/12/2016 STM Receipt and Review medical records in preparation for drafting discovery to Plaintiff and Co -Defendant. 2.00 STM Receipt and review Complaint and prepare claim memo. 1.50 STM Draft request for production and interrogatories to plaintiff. 1.00 STM Draft request for for production and interrogatories to Co -Defendant. 1.00 TAD Prepare correspondence to to City re: status of response. Receipt of correspondence from adjuster re: same. Receipt of mall answer and affirmative defenses and motion to strike and notice of appearance. Prepare additional correspondence to City re: same. 0.90 10/13/2016 STM Continue drafting Request for production and interrogatories for Plaintiff and Co -Defendant. 1.50 10/14/2016 STM Continue Drafting Request for Production and Interrogatories for the Plaintiff. 1.50 STM Revise Request for Production and Interrogatories for Defendant, Boynton Beach Mall. 1.50 TAD Revise discovery to plaintiff to include additional requests and information. 0.60 10/17/2016 TAD Receipt and review of motion for qualified protective order and proposed order from Boynton Mall. 0.30 10/19/2016 STM Receipt and review claim file form provided by Insurance adjuster. 2.00 TAD Receipt and review of correspondence from plaintiff and prepare response to same. Revise discovery to Mall to include additional requests. 1.30 10/21/2016 TAD Receipt and review of correspondence re: amended complaint. Review proposed amended complaint and proposed order. Prepare correspondence to plaintiff re: same. 0.80 Page: 1 11/02/2016 306-9905056 12660 Page 281 of 728 Page: 2 CITY OF BOYNTON BEACH 11/02/2016 ACCOUNT NO: 306-9905056 STATEMENT NO: 12660 adv. Laster, Torami (slip & fall) 10/31/2016 TAD Receipt of correspondence from adjuster re: report and records. Receipt of plaintiff medical records related to claims. Receipt of plaintiff expert engineering report. Receipt of additional documents from plaintiff re: correspondence and accident information, [Wel :19111 V VA 2 1 I&VOI ZAT1WWWkN 7kF9F:U;W9, TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 12.00 $125.00 8.70 195.00 111MEOM"11W ".10019141511112111ou �Pp HOURS 3.20 20,70 3,196.50 TOTAL $1,500-00 1,696.50 3,196.50 $3,196.50 Page 282 of 728 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 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. Mina, German (slip & Fall) Billing Category: 18-RLO Claim #001470 -000340 -GB -01 10/13/2016 TAD Receipt and review of deposition of Plaintiff and Guiteirrez re: information for mediation and continued discovery. 10/14/2016 STM Summarize Deposition of Blanca Gutierrez for trial. STM Summarize Deposition of German Mina for trial. TAD Receipt and review of order continuing trial. Prepare correspondence to mediator re: mediation statement. Review case law re: natural conditions and notice requirements. Prepare outline of issues for mediation. Review medical 1.30 2.00 2.50 Page: 1 11/02/2016 306-9905062 12661 Page 283 of 728 HOURS 10/03/2016 TAD Prepare revisions to third request for production to include items from plaintiffs exhibit list. Revise objections to plaintiffs exhibits. 1.30 10/04/2016 STM Prepare Notice of Production and subpoenas for non-parties. 2.00 STM Draft proposed Order on hearing for Motion to Sanction. 1,30 STM Prepare exhibits for hearing on Motion for Sanctions. 1.30 TAD Review trial order and continue preparation of City's objections to plaintiffs trial exhibits. Prepare motion in limine re: subsequent remedial measures and review case law re: same. 2.80 STM Correspond with various non -production parties, regarding failure to comply with Subpoena. 1.00 10/05/2016 TAD Prepare proposed jury instructions and prepare proposed verdict form. 3.80 10/07/2016 JAC review pleadings and in limine motions; trial review 0.50 10/10/2016 TAD Receipt and review of email from Plaintiffs counsel re: discovery and disclosures and continuance and prepare response to same. Review judge's website re: issues with order and requirements. Telephone conference with Judicial Assistant re: order. Draft agreed order and prepare correspondence to plaintiff re: same. 0.90 10/11/2016 TAD Receipt and review of records from Plaintiffs prior employer re: work history and claims filed in response to subpoena. Prepare correspondence to court re: order. 1.60 10/13/2016 TAD Receipt and review of deposition of Plaintiff and Guiteirrez re: information for mediation and continued discovery. 10/14/2016 STM Summarize Deposition of Blanca Gutierrez for trial. STM Summarize Deposition of German Mina for trial. TAD Receipt and review of order continuing trial. Prepare correspondence to mediator re: mediation statement. Review case law re: natural conditions and notice requirements. Prepare outline of issues for mediation. Review medical 1.30 2.00 2.50 Page: 1 11/02/2016 306-9905062 12661 Page 283 of 728 Page: 2 CITY OF BOYNTON BEACH 11/02/2016 ACCOUNT NO: 306-9905062 STATEMENT NO: 12661 adv. Mina, German (slip & Fall) claims re: amounts owed and incurred for injuries. 10/18/2016 STM Prepare various Trial Notebooks for trial. JAC attend closed door; follow up with TD regarding same TAD Review claims and prepare outline for meeting with comission. Review documents from Plaintiff re: trial exhibits. 10/19/2016 STM Receipt and review of various documents from non -production parties. STM Draft Notice of filing return of service. STM Correspond with Palm Beach School Board, re: discovery provided by their office. TAD Prepare correspondence to investigator re: claim. Telephone conference with investigator re: additional surveillance. 10/20/2016 JAC conference with TD 10/21/2016 JAC review regarding mediation guidance 10/24/2016 TAD Attend mediation of claims. Telephone conference with investigator re plaintiff. Receipt of correspondence from adjuster re: claim status and prepare response to same. 10/25/2016 JAC review mediation issue with TD; review for trial TAD Receipt and review of mediation report. Receipt of records from Heatlh Care District re: prior treatment of plaintiff. 10/28/2016 TAD Receipt and review order resetting trial and prepare correspondence to client re: same. Prepare notice of non-party production to plaintiffs prior physicians. Prepare subpoena and HIPAA documents for Dr. Elias and for Deerfield Medical Center. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER S HOURLY _`i JAMESA.CHEROF 3.10 $195.00 SHERIE T. MALDONADO 19.10 125.00 TRACEY A. DECARLO 24.60 195.00 Photocopies Postage TOTAL EXPENSES THRU 10/31/2016 09/27/2016 Compass Investigations - Invoice 2016010716 HOURS 4.30 5.50 1.00 2.60 2.00 0.50 1.00 0.30 0.20 0.60 3.10 0.80 0.80 1.80 46.80 7,789.00 TOTAL $604.50 2,387.50 4,797.00 40.00 40.00 Page 284 of 728 Page: 3 CITY OF BOYNTON BEACH 11/0212016 ACCOUNT NO: 306-9905062 STATEMENT NO: 12661 adv. Mina, German (slip & Fall) TOTAL ADVANCES THRU 10/31/2016 40,00 TOTAL CURRENT WORK 7,844.62 BALANCE DUE $7,844,62 19,63V11 4 CA 01 Z [019 1 kq [41 Ito 1914 OWAI -.10]TA Page 285 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Gregory, Mola (slip & fall) Billing Category: 18-RLO Claim #001470 -000341 -GB -01 10/18/2016 TAD Telephone conference with Plaintiff counsel re: status of claims. FOR CURRENT SERVICES RENDERED 11074194 1 1 TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: HOURS 0.20 0.20 • • HOURLY RATE • 0.20 $195.00 •0 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2016 306-9905066 12662 39.00 39,00 Page 286 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Oldham, Dana (fall) Billing Category 18-RLO Claim #f001470 -000346 -GB -01 ACCOUNT NO STATEMENT NO 10/03/2016 TAD Prepare motion to dismiss plaintifrs amended complaint. 10/12/2016 TAD Receipt and review of correspondence from the City re: revised public records request. 10/18/2016 TAD Receipt and review of notice of appearance from Any Kind Check Cashing and Motion for Extension of Time. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY 1.80 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2016 306-9905069 12663 HOURS 1.30 0.30 0.20 1.80 351.00 TOTAL $351.00 351.00 $351.00 Page 287 of 728 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 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim #001470 -000336 -GB -01 HOURS 10/03/2016 TAD Receipt and review of Scheduling Order from court. Review claims information from pre -claim communications re: response to complaint. 0.60 10/04/2016 TAD Review case law re: resisting claim and false arrest allegations. Prepare answer and affirmative defenses to complaint. 2.20 10/07/2016 TAD Telephone conference with the City re: claim information. Receipt of correspondence re: response to the complaint. 0.30 10/12/2016 TAD Prepare correspondence to Harris counsel re: response to compliant. 0.30 10/13/2016 TAD Revise answer and affirmative defenses to include additional defenses. Prepare initial disclosure. Telephone conference with plaintiff counsel re: service on Harris. 2.20 Page: 1 11/02/2016 306-9905073 12664 10117/2016 TAD Receipt and review correspondence from Plaintiff re: status of service on Harris. 0.10 10/18/2016 TAD Receipt and review of correspondence from plaintiff counsel re: response to complaint and order. Prepare correspondence to Harris counsel re: information from plaintiff. 0.30 10/25/2016 TAD Receipt and review of correspondence from adjuster re: report. 0.10 FOR CURRENT SERVICES RENDERED 6.10 1,189.50 RECAPITULATION TIMEKEEPER ®HOURS HOURLY T TOTAL TRACEYA.DECARLO, 6A0 $195.00 $1,189.50 TOTAL CURRENT WORK 1,189.50 Page 288 of 728 Page: 2 CITY OF BOYNTON BEACH 11/02/2016 ACCOUNT NO: 306-9905073 STATEMENT NO: 12664 adv. Robinson, Bennie (false arrest) BALANCE DUE $1,189.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 289 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 12665 Attn: Lynn Swanson adv. Galindez, Dennis (slip & fall) Billing Category: 18-RLO Claim #001470 -000330 -GB -01 HOURS 10/11/2016 TAD Receipt and review of notice of deposition of Moots and Brodie. 0.10 10/12/2016 TAD Review City contract with First Genesis and review First Genesis responses to discovery. Prepare for depositions of McClendon and Murray. Receipt of Sixth Request for Production to City. 1.50 10/17/2016 TAD Attend deposition of Mack McClendon. Confer with First Genesis counsel regarding defense issues. Receipt of supplemental discovery responses from First Genesis. 6.80 10/19/2016 TAD Receipt and review of correspondence from First Genesis counsel re: amended response to discovery. Receipt of insurance policy from Flrst Genesis. 0.50 FOR CURRENT SERVICES RENDERED 8.90 1,735.50 RECAPITULATION TIMEKEEPER HOURLY T TOTAL TRACEY A. DECARLO8.90 $195.00 $1,735.50 Photocopies 59.85 TOTAL EXPENSES THRU 10/31/2016 59.85 TOTAL CURRENT WORK 1,795.35 BALANCE DUE $1,795.35 U - i• � .11 r • ` r r .:r Page 290 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Caliskan, Hasan (MVA) Billing Category: 18-RLO Claim #001470 -000354 -AB -02 10/11/2016 TAD Receipt and review of notice of trial and correspondence re: same. ACCOUNT NO: STATEMENT NO: 10/20/2016 STM Receipt and review Uniform Trial Order and prepare trial outline; calendar all deadlines. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHERIE T. MALDONADO TRACEY A. DECARLO TOTAL CURRENT WORK -IJ-100501 A RECAPITULATION HOURS HOURLY TE 1.00 $125.00 0.20 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2016 306-9905092 12666 HOURS 0.20 1.00 1.20 164.00 TOTAL $125.00 39.00 164.00 $164.00 Page 291 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905093 Boynton Beach FL 33425 STATEMENT NO: 12667 Attn: Lynn Swanson adv. Jenkins, Gail and Leon (Demolition) Billing Code: 18-RLO Claim #001470 -000382 -GD -01 HOURS 10/12/2016 STM Draft correspondence to opposing attorney regarding discovery request for production. 0.50 10/13/2016 TAD Receipt and review of correspondence from plaintiff counsel re: motion to dismiss. 0.20 10/19/2016 TAD Receipt and review of notice of appearance for plaintiff co -counsel. Telephone conference with Plaintiff counsel re: motion for extension of time. 0.30 10/20/2016 TAD Receipt and review correspondence from plaintiff re: motion for extension of time. Receipt of proposed order. Receipt of correspondence to court re: proposed order. Prepare correspondence to plaintiff re: same. Receipt of plaintiffs response to Motion to Dismiss. 0.40 10/25/2016 TAD Receipt and review of proposed order on motion for extension of time. Prepare correspondence to plaintiff re: order. Review case law and amended complaint and prepare for hearing on motion to dismiss. Prepare proposed order. Receipt of correspondence to court re: opposition to motion. Review plaintiffs oppositon to motion to dismiss 2.70 10/26/2016 TAD Attend hearing on Motion to Dismiss. 3.30 10/27/2016 TAD Review case law re: enforcement of resolution for counter claim. Receipt of correspondence from the City re: lien. Receipt of order on motion for extension of time. 2.60 10/28/2016 TAD Review case law cited by Court in ruling on motion to dismiss. Prepare draft order on motion to dismiss. Prepare correspondence to plaintiff counsel re: same. Review FDCPA re: potential counter claim. 2.60 FOR CURRENT SERVICES RENDERED 12.60 2,422.00 Page 292 of 728 Page: 2 CITY OF BOYNTON BEACH 11/02/2016 ACCOUNT NO: 306-9905093 STATEMENT NO: 12667 adv. Jenkins, Gail and Leon (Demolition) 10/26/2016 - — -- a WAFC =Or -111.4 its NM= RECAPITULATION HOURS HOURLY RATE 0.50 $125.00 12,10 195-00 Photocopies TOTAL EXPENSES THRU 10131/2016 Parking - TAD Parking - TOTAL ADVANCES THRU 10/31/2016 TOTAL CURRENT WORK 63.00 63.00 5.00 &00 5.00 2,490.00 Page 293 of 728 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 Page: 1 CITY OF BOYNTON BEACH 11102112016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905097 Boynton Beach FL 33425 STATEMENT NO: 12668 Attn: Lynn Swanson adv. Baez, Estela (slip & fall) Billing Category 18-RLO Claim #001470 -000364 -GB -01 HOURS 10/04/2016 STM Correspond with various non-parties regarding failure to comply with Subpoena. 1.00 10/07/2016 TAD Receipt and review of correspondence re: deposition of public works director. Prepare correspondence to Leisureville adjuster re: settlement and receipt of response to same. 0.30 10/11/2016 TAD Prepare correspondence to Leisureville counsel re: offer. Receipt of response to same. 0.20 10/17/2016 TAD Receipt and review of correspondence from Leisureville re: settlement and prepare response to same. 0.20 10/2512016 TAD Telephone conference with adjuster for Leisureville re: settlement issues. 0.20 10/27/2016 TAD Receipt and review of correspondence from Leisureville counsel re: negotiations. Prepare response to same. Receipt of correspondence from TMobile re: response to subpoena. Revise subpoena to provide additional information. 0.40 FOR CURRENT SERVICES RENDERED 2.30 378.50 RECAPITULATION HOURLYTIMEKEEPER HOURS • SHERIE T. MALDONADO 1.00 $125.00 $125.00 TRACEY A. DECARLO 1.30 00 253.50 Photocopies 1.05 TOTAL EXPENSES THRU 10/31/2016 1.05 Page 294 of 728 Page: 2 CITY OF BOYNTON BEACH 11/02/2016 ACCOUNT NO: 306-9905097 STATEMENT NO: 12668 adv. Baez, Estela (slip & fall) TOTAL CURRENT WORK 379.55 BALANCE DUE $379,55 Page 295 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category -18RLO Claim #001470 -000369 -AB -01 10/11/2016 TAD Prepare correspondence to City re: status. Prepare correspondence to plaintiff re: response to discovery. FOR CURRENT SERVICES RENDERED M041 1 , R ,. TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.50 $195.00 Page: 1 11/02/2016 306-9905102 12669 HOURS 0.50 0.50 97.50 TOTAL 97.50 97.50 9T.5' Page 296 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905111 Boynton Beach FL 33425 STATEMENT NO: 12670 Attn: Lynn Swanson adv. Goldman, Barry (bikelgrate accident) Billing Category: 18-RLO Claim #001470 -000373 -GB -01 10/14/2016 TAD Prepare motion to compel better responses to discovery. Prepare correspondence to plaintiff counsel re: same. Review information on plaintiff and prepare outline for deposition of plaintiff. 3.20 10/19/2016 TAD Prepare notice of deposition of plaintiff. 0.10 10/21/2016 TAD Prepare motion for extension of time re: expert witnesses and notice of hearing re: same. Prepare witness and exhibit lists and review discovery re: trial exhibits. 2,50 10/25/2016 TAD Telephone conference with plaintiff counsel re: proposed order. Prepare correspondence to court re: order. Revise order. 0.40 10/27/2016 TAD Receipt and review of correspondence from plaintiff re: changes to proposed order. Revise order and prepare correspondence to plaintiff re: same. 0.40 10/2812016 TAD Receipt and review of correspondence from plaintiff counsel re: revised discovery responses and receipt of additional medical information. 0.30 FOR CURRENT SERVICES RENDERED 7.80 1,521.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 7.80 $195.00 $1,521.00 Page 297 of 728 HOURS 10/05/2016 TAD Receipt and review of trial order. 0.30 10/11/2016 TAD Receipt and review second filed by court of trial order. 0.30 10/13/2016 TAD Prepare correspondence to plaintiff counsel re: trial order. Prepare correspondence to plaintiff counsel re: discovery issues. 0.30 10/14/2016 TAD Prepare motion to compel better responses to discovery. Prepare correspondence to plaintiff counsel re: same. Review information on plaintiff and prepare outline for deposition of plaintiff. 3.20 10/19/2016 TAD Prepare notice of deposition of plaintiff. 0.10 10/21/2016 TAD Prepare motion for extension of time re: expert witnesses and notice of hearing re: same. Prepare witness and exhibit lists and review discovery re: trial exhibits. 2,50 10/25/2016 TAD Telephone conference with plaintiff counsel re: proposed order. Prepare correspondence to court re: order. Revise order. 0.40 10/27/2016 TAD Receipt and review of correspondence from plaintiff re: changes to proposed order. Revise order and prepare correspondence to plaintiff re: same. 0.40 10/2812016 TAD Receipt and review of correspondence from plaintiff counsel re: revised discovery responses and receipt of additional medical information. 0.30 FOR CURRENT SERVICES RENDERED 7.80 1,521.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 7.80 $195.00 $1,521.00 Page 297 of 728 Page: 2 CITY OF BOYNTON BEACH 11/02/2016 ACCOUNT NO: 306-9905111 STATEMENT NO: 12670 adv. Goldman, Barry (biketgrate accident) Photocopies 8.40 TOTAL EXPENSES THRU 10/31/2016 8.40 TOTAL CURRENT WORK 1,529,40 BALANCE DUE $1,529,40 Page 298 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905117 Boynton Beach FL 33425 STATEMENT NO: 12671 Attn: Lynn Swanson adv. Harris, Byron (excessive force) Billing Category: 18-RLO Claim #001470 -000378 -PP -01 HOURS 10/03/2016 TAD Receipt and review of correspondence from counsel re: depositions of Chief Katz and Aiken. 0.30 10/0412016 TAD Attend deposition of Aiken and prepare memorandum re: testimony, Review Katz testimony re: status of testimony and in preparation for continued deposition. Review City's policy regarding shade meeting with commission. 3.60 10/05/2016 TAD Receipt and review of addendum to IME report from City's expert. Receipt of premediation report regarding shade meeting with commission. Receipt of notices of deposition and subpoenas to plaintiffs witnesses. 1.40 10/07/2016 TAD Receipt and review of additional information on plaintiff from non-party subpoenas and prepare outline for meeting with commissioners. 0.90 10/10/2016 TAD Telephone conference with City Risk regarding mediation issues and insurance issues. Attend meeting with counsel and commission re: litigation and mediation. 4.90 10/11/2016 TAD Receipt and review of correspondence re: response to fourth request for production. Telephone conference with City counsel re: response and objections. Receipt of correspondence from the City re: coverage issues. 0.40 10/12/2016 TAD Confer with city counsel re: mediation issues. 0.30 10113/2016 TAD Receipt and review of deposition of medical expert re: claims and issues for mediation. 0.80 10/17/2016 TAD Receipt and review of records from Plaintiff medical providers in response to subpoena re: mediation issues, 0.80 10/18/2016 TAD Attend deposition of Dr. Adams (witness did not appear). Telephone conference with City counsel re: issues with discovery. Attend deposition of Dr. Heller. Receipt of notice of mediation. Receipt of order to show cause from court re: Braswell. 2.40 Page 299 of 728 Page: 2 CITY OF BOYNTON BEACH 11/02/2016 ACCOUNT NO: 306-9905117 STATEMENT NO: 12671 adv. Harris, Byron (excessive force) 10/19/2016 TAD Attend deposition of Rev. Dames. Reveiw deposition of Aiken regarding testimony on video. Receipt of correspondence re: response to request for production. Review documents re: response. Telephone conference with City counsel re: responses to discovery. 10/20/2016 TAD Attend deposition of Deputy McCutchen; attend deposition of Dr. White. Attend deposition of Dr. Beauzile. Prepare outline re: same. 10/21/2016 TAD Receipt and review of medical reports from Plaintiffs expert. Receipt and review of order on mediation issues. Attend deposition of Officer Thomas. 10124/2016 SCW Attend deposition for Sergeant Llopis. JAC conference with TD regarding Harris depo issue and follow up IA issue; conference with LL regarding same; review case status and pleadings TAD Attend deposition of Llopis. Attend deposition of Chief Katz. Confer with Katz and City counsel re: response to subpoena. Review records provided by Chief. Confer with JAC and City Manager re: issues raised by Chief after deposition. 10/25/2016 JAC review discovery issues and mediation w/TD TAD Receipt and review of eight motions in limine filed by plaintiff and supporting memoranda. Receipt of order on motion for extension of time. Receipt of correspondence re: mediation. Receipt of order on mediation motion. Review insurance policy re: question on payment of fees subsequent to offer. 10/26/2016 JAC follow up with TD regarding mediation outcome; call to LL; all from VM; evaluate case settlement and pending administrative issues TAD Attend mediation of claims. Confer with excess adjuster and City counsel and Risk re: mediation issues and settlement terms. Prepare correspondence to City commission and Manager re: mediation. 10/27/2016 JAC post mediation review with TD and prep regarding agenda approval; call to JO regarding disclosures TAD Receipt and review of mediation report. Review agenda item and attend telephone conference with City re: agenda. 10/28/2016 JAC review insurance issue and prep to update Comission FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER U LY RATE JA ESA. CHEROF 4.00 $195.00 TRACEYA.DECARLO 39.80 195.00 SHARI C. WALLEN 3.20 195.00 Photocopies TOTAL EXPENSES THRU 10/31/2016 HOURS 2.80 4.20 1.80 3.20 1.00 5.30 0.30 2.40 1.40 7.20 0.60 0.30 0.70 47.00 9,165.00 TOTAL $780.00 7,761.00 624.00 92.75 92.75 Page 300 of 728 Page: 3 CITY OF BOYNTON BEACH 11/0212016 ACCOUNT NO: 3069905117 STATEMENT NO: 12671 adv. Harris, Byron (excessive force) TOTAL CURRENT WORK 9,257.75 BALANCE DUE $9,25775 Page 301 of 728 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson Broberg, Leif Complaint (2015) Billing Category: 18-RLO Claim #001470 -000390 -EP -01 10/21/2016 TAD Receipt and review of correspondence re: response to request for production. Review proposed response and documents. Confer with City counsel re: response and documents FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY RATE 0.4 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2016 306-9905124 12672 HOURS 0.40 0.40 78.0 TOTAL 78.00 78.00 $78.00 Page 302 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905131 Boynton Beach FL 33425 STATEMENT NO: 12673 Attn: Lynn Swanson adv. Dunn, Jonathan (arrest without probable cause) Billing Category: 18-RLO Claim #001470 -000379 -PP -01 HOURS 10/11/2016 TAD Telephone conference with court reporter re: certificate of non-appearance. Prepare correspondence to Munro counsel re: Motion to Dismiss. 0.20 10/13/2016 TAD Prepare proposed order on Motion to Dismiss. Prepare correspondence to Munro counsel re: motion and receipt of response to same. Prepare correspondence to court re: proposed order. 0.50 FOR CURRENT SERVICES RENDERED 0.70 136.50 RECAPITULATION TIMEKEEPER HOURS HOURLY T TOTAL TRACEY A. DECARLO 0.70 $195.00 $136.50 TOTAL CURRENT WORK 136.50 BALANCE DUE $136.50 Page 303 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905132 Boynton Beach FL 33425 STATEMENT NO: 12674 Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim #001470 -000380 -AB -01 HOURS 10/03/2016 TAD Revise exhibit and witness lists to include additional documents and exhibits. Review case law re: criminal history. Prepare correspondence to Solid Waste Management re: public records request. 3.30 10/04/2016 STM Correspond with various non-parties regarding failure to comply to Subpoena for documents. 1.00 10/07/2016 TAD Receipt and review of plaintiffs expert witness and exhibit list. 0.30 10/13/2016 TAD Receipt and review of records from Dr. Rasco re: response to subpoena. 0.40 10/18/2016 STM Receipt and review various documents from Non -Party Production. 2.00 10/19/2016 STM Draft Notice of fling regarding return of service. 0.30 10/28/2016 TAD Receipt and review of records tram maim Beacn medical Center. Telephone conference with plaintiff re: deposition issues and prepare notice of deposition of plaintiff. Prepare public records request to Solid Waste Management. Review medical claims re: conference with expert and additional information for discovery. 1.80 10/31/2016 TAD Receipt and review of plaintiffs exhibit, witness and expert list for trial. Revise medical information for deposition of plaintiff. 0.80 FOR CURRENT SERVICES RENDERED 9.90 1,699.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHERIE T. MALDONADO 3.30 $125.00 $412.50 TRACEY A. DECALO 6.60 195.00 1,287.00 Page 304 of 728 Page: 2 CITY OF BOYNTON BEACH 11/0212016 ACCOUNT NO: 306-9905132 STATEMENT NO: 12674 adv. Wade, George (auto accident) Photocopies TOTAL EXPENSES THRU 10/31/2016 09/2612016 Compass Investigations - Invoice 201610725 40.00 40.00 TOTAL ADVANCES THRU 10/31/2016 40.00 TOTAL CURRENT WORK 1,752.45 BALANCE DUE $1,752.45 Page 305 of 728 GOREN.CHEROF.DOODY&EZROL,P�. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale. Florida 3330G Telephone (964)771-45U0 Pmge:1 CITY OFBOYNTONBEACH 11/02/2018 100East Boynton Beach Boulevard ACCOUNT NO: 306'9905142 Boynton Beach FL 83425 STATEMENT NO: 12675 Attn: Lynn Swanson mdv. Cwuo.Amyo(injuries adRecreation &Parks) Billing Category: 1B-RLO Claim #001470 -000386 -GB -01 1011/2016 l7\D Receipt and review ofrequest for authority from adjuster and correspondence from the City re: same. Review files re: response. FOR CURRENT SERVICES RENDERED 11711 z1a TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY RATE TOTAL AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.20 0.20 D0 -DO Page 306 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. JEAN, Dieumercy (injury claim) Billing Category: 18-RLO Claim #001470 -000377 -AB -01 10/14/2016 TAD Receipt and review of correspondence from city and adjuster re: claim information. Review request for authority re: response to same. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 Page: 1 11/02/2016 306-9905148 12676 HOURS 0.30 0.30 58.50 TOTAL 58.50 58.50 58.50 Page 307 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Rabelo, Raymond Billing Category: 18-RLO Claim #001470 -000391 -GB -01 ACCOUNT NO: STATEMENT NO: TOTAL CURRENT WORK X17 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2016 306-9905166 12677 1,183.00 wim Page 308 of 728 HOURS 10/1012016 TAD Receipt and review of deposition of Alford and review same regarding City's motion for summary judgment. 0.80 10/11/2016 TAD Prepare notice of filing depositions of Alford in support of motion for summary judgment. 0.10 10/20/2016 STM Summarize deposition of Marilyn Alford. 6.50 10/27/2016 TAD Receipt and review of correspondence re: notice of compliance. Receipt of notice of compliance. Review IME report. 0.40 10/28/2016 TAD Prepare correspondence re: medical examination results and status. 0.60 FOR CURRENT SERVICES RENDERED 8.40 RECAPITULATION TIMEKEEPERU LY RATE TOTAL SHERIE T. MALDONADO &50 $125.00 $812.50 TRACEY A. DECARLO 1.90 195.00 370.50 TOTAL CURRENT WORK X17 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2016 306-9905166 12677 1,183.00 wim Page 308 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905171 Boynton Beach FL 33425 STATEMENT NO: 12678 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470 -000400 -PI -01 10/18/2016 TAD Receipt and review of correspondence from plaintiff counsel and prepare response to same. 0.30 10/19/2016 TAD Receipt and review of order on Motion for Extension of Time. Receipt of various correspondence from plaintiff and Hart counsel. Prepare Motion for Sanctions. Review case law re: Motion to Dismiss. Prepare Motion to Dismiss Count IV. 3.40 10120/2016 TAD Review case law regarding hiring and retention claims. Prepare answer and affirmative defenses re: same. 3.40 10/21/2016 TAD Prepare correspondence to City re: motions and answer and status of claims. 0.30 10/25/2016 TAD Receipt and review of Hart's Motion to Dismiss and memo of law. 0.30 10/27/2016 TAD Receipt and review of correspondence from Hart counsel re: motions and prepare response to same. 0.20 10/28/2016 TAD Receipt and review of plaintiffs objections to City's Notice of Hearing. Receipt of correspondence from Plaintiff re:: objections to notice. Receipt of notice of joinder from Hart in Motion for Sanctions; Prepare correspondence to Plaintiff Page 309 of 728 HOURS 10/07/2016 TAD Receipt and review of correspondence from Hart counsel re: response to amended complaint. Prepare response to same. 0.30 10/11/2016 TAD Receipt and review of proposed motion for extension of time and clarification and prepare correspondence to counsel re: same. 0.30 10/12/2016 TAD Receipt and review of correspondence from Hart re: motion for clarification and extension of time. Receipt of correspondence from the Plaintiff re: same. 0.20 10113/2016 TAD Receipt and review of correspondence from plaintiff and Hart counsel re: motion for extension of time. Prepare responses to same. Receipt of order from Court closing Federal action . 0.60 10/18/2016 TAD Receipt and review of correspondence from plaintiff counsel and prepare response to same. 0.30 10/19/2016 TAD Receipt and review of order on Motion for Extension of Time. Receipt of various correspondence from plaintiff and Hart counsel. Prepare Motion for Sanctions. Review case law re: Motion to Dismiss. Prepare Motion to Dismiss Count IV. 3.40 10120/2016 TAD Review case law regarding hiring and retention claims. Prepare answer and affirmative defenses re: same. 3.40 10/21/2016 TAD Prepare correspondence to City re: motions and answer and status of claims. 0.30 10/25/2016 TAD Receipt and review of Hart's Motion to Dismiss and memo of law. 0.30 10/27/2016 TAD Receipt and review of correspondence from Hart counsel re: motions and prepare response to same. 0.20 10/28/2016 TAD Receipt and review of plaintiffs objections to City's Notice of Hearing. Receipt of correspondence from Plaintiff re:: objections to notice. Receipt of notice of joinder from Hart in Motion for Sanctions; Prepare correspondence to Plaintiff Page 309 of 728 Page: 2 CITY OF BOYNTON BEACH 11/02/2016 ACCOUNT NO: 306-9905171 STATEMENT NO: 12678 adv. Caliendo, Giovanni & Emily (code violation) re: Motion for Sanctions and Motion to Dismiss. Receipt of response to same. Prepare notice of hearing. Prepare correspondence to Hart counsel re: motion for sanctions. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TRACEY A. DECARLO 10.00$195.00 Photocopies TOTAL EXPENSES THRU 10/31/2016 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.70 10.00 1,950.00 TOTAL $1,950.00 15.75 15.75 1,965-75 $1,965,75 Page 310 of 728 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 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. Jackson, Tamika (slip & fall) Billing Category: 18-RLO Claim #001470 -000398 -GB -01 10/07/2016 TAD Receipt and review of correspondence from the City and adjuster re: request for settlement authority. 10/11/2016 TAD Receipt and review of request for authority from adjuster and correspondence from the City re: same. Review file re: response. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURSL T 0.40 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2016 306-9905175 12679 HOURS 0.20 0.20 0.40 78.00 TOTAL $78.00 78.00 $78.00 Page 311 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905190 Boynton Beach FL 33425 STATEMENT NO: 12680 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 10/07/2016 TAD Receipt and review of Traffic Homicide Report from PBSO and interviews, exhibits and photographs. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK 2*191&4 RECAPITULATION HOURS HOURLY RATE TOTAL 1.30 $195.00 253.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1.30 1.30 253.50 253.50 Page 312 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905194 Boynton Beach FL 33425 STATEMENT NO: 12681 Attn: Lynn Swanson adv. Garcia, Carlos (MVA Police) Billing Category: 18 - RLO Claim #001470 -00401 -AB -01 10/14/2016 TAD Receipt and review of correspondence from City and adjuster re: request for authority. Review claim file re: response to same. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS RECAPITULATION HOURS HOURLY RATE • ., 0 $195.00 $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.20 ..... ____. 0.20 39.00 39.00 Page 313 of 728 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 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. MacKenzie, Lee (MVA Police) Billing Category: 18 - RLO Claim #001470 -000401 -AB -02 10/14/2016 TAD Receipt and review of correspondence from City and adjuster re: request for settlement authority. Review reports and file re: response to request. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2016 306-9905198 12682 HOURS 0.40 0.40 78.00 TOTAL $78.00 78.00 $78.00 Page 314 of 728 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: I CITY OF BOYNTON BEACH 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905216 Boynton Beach FL 33425 STATEMENT NO: 12683 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470 -000410 -EP -01 HOURS 10/13/2016 TAD Receipt and review of denial of coverage; Receipt of correspondence from City regarding same. Receipt of correspondence from excess adjuster re: coverage issues. 0.30 FOR CURRENT SERVICES RENDERED 0.30 58.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $195.00 $58-50 TOTAL CURRENT WORK 58.50 BALANCE DUE $58.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 315 of 728 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Estime, Robens (Police Deadly Force) Billing Category: 18-RLO Claim #001470 -000411 -PP -01 10131/2016 TAD Receipt of statement of from claimant and video of walk through of the incident, FOR CURRENT SERVICES RENDERED I I I zi I :I o jj:fjjN:WffAW*]a$f - TOTAL CURRENT WORK 7-T-TWER reTa-DIFF5 ACCOUNT NO: STATEMENT NO: RECAP IT11NIJ10ft HOURS HOURLY RATE 0.90 $195.00 Page: 1 11/02/2016 306-9905218 12684 HOURS 0.90 0.90 175.50 TOTAL $175.50 175.50 $175,50' Page 316 of 728 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 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. Trachtman, Frank (Auto Accident) Billing Category: 18 - RLO Claim #001470 -000413 -GB -01 10/19/2016 TAD Receipt and review correspondence re: status of claims and documents re: indemnity demand. FOR CURRENT SERVICES RENDERED 8 1 Lrj 1 :1 -o -.NECAPITULATION HOURS HOURLY RATE 0.30 $195,00 TOTAL CURRENT WORK 1.11 ki 150 :111191 IJI AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11102/2016 306-9905223 12685 HOURS 0.30 0.30 58-50 TOTAL $5&50 58.50 $5&50 Page 317 of 728 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 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. Hill, Ashley (Police -excessive force) Billing Category: 18 - RLO Claim #001470 -000378 -PP -02 10/13/2016 TAD Receipt and review of correspondence from the City and adjuster regarding reserves for claim. FOR CURRENT SERVICES RENDERED IN ILYA 1 :4 -1 11 1'r.Ay's] -. M TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 WiTWO1110 h 16-1:1 NATA 1011M WA 1.1 Page: 1 11/02/2016 306-9905233 12686 HOURS 0.30 0,30 58.50 TOTAL $58.50 58.50 $5&50 Page 318 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Clemens, Jennifer ( Personal Injury) Billing Category: 18 - RLO Claim #001470 -000417 -GB -01 10/05/2016 TAD Receipt and review of claim letter and photographs of alleged defect. 10/07/2016 TAD Receipt and review of correspondence from the City re: investigation into claims and photographs of area. FOR CURRENT SERVICES RENDERED ■ .• TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURLYHOURS T 0.50 $195.00 s►►• ► C ■ ■i ■ ■ •:� Page: 1 11/02/2016 306-9905237 12687 HOURS 0.20 0.30 0.50 97.50 TOTAL 7.50 97.50 $97.5 Page 319 of 728 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 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Salazar, Gina and Pacheco, Fredy (MVA) Billing Category: 18 - RLO Claim #001470 -000418 -AB -01 ACCOUNT NO: STATEMENT NO: 10/20/2016 TAD Receipt and review of correspondence re: from adjuster and City re: claims. 10/2712016 TAD Receipt and review of correspondence re: claim letter and claim letter. Receipt and review of accident report, photographs and release. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.70 $195.00 Wth[s] 10 • ■ ':� Page: 1 11/02/2016 306-9905239 12688 HOURS 0.20 0.50 0.70 136.50 TOTAL $136.50 136.50 $136.50 Page 320 of 728 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 11/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905240 Boynton Beach FL 33425 STATEMENT NO: 12689 Attn: Lynn Swanson adv. Cameron, Donald (MVA) Billing Category: 18 - RLO Claim #001470 -000419 -AD -01 10127/2016 TAD Receipt and review of correspondence re: claim and claim letter. Receipt of accident report and photographs. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS HOURSRECAPITULATION • - RATE TOTAL 0.40 $195.00 $78.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.40 0.40 78.00 WOM Page 321 of 728 M CONSENTAGENDA 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for November 15, 2016 - "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 bid 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) COMMODITY/SERVICE BID NUMBER RENEWAL TERM Easy Pay Tires Good Year Tires Piggyback State of FL Contract 25172500-2- WSCA 15 -ACS March 31, 2017 to March 31, 2019 Custodial Services for City Buildings and Facilities Image Janitorial Services Bid No. 078-2511- 13/JMA December 2, 2016 to December 1, 2017 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for bids, contracts/agreements and piggy -backs renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT. Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new bids to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 322 of 728 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Other D Other D Other D Other REVIEWERS: Department Finance Finance Legal City Manager Description Description of Extensions and Piggybacks State of FL extension for purchase of Tires State of FL authorized tire dealers list revised Image Janitorial Extension Reviewer Action Alibrandi, Julie Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 11/7/2016 - 5:05 IIIA 11/8/2016 - 7:59 AM 11/8/2016 - 8:51 AM 11/8/2016 - 9:34 AM Page 323 of 728 REQUESTING DEPARTMENT. WAREHOUSE DEPARTMENT CONTACT. Michael Dauta, Warehouse Manager TERM: March 31, 2017 to March 31, 2019 SOURCE FOR PURCHASE: State of Florida Contract for Tires, Tubes and Services No. 25172500-WSCA-15-ACS VENDOR: EASY PAY TIRE ACCOUNT NUMBER: 502-000-141-0100 ANNUAL EXPENDITURE: $250,000. DESCRIPTION OF EXTENSION: On September 15, 2015, City Commission approved utilizing the State of Florida Contract for the purchase of Good Year Tires for the City's Fleet vehicles on an 'As Needed" basis with an estimated annual expenditure of $250,000. Tires are stocked in the Warehouse for scheduled and emergency tire replacement for fleet vehicles. The initial contract period was to expire March 31, 2017. The State of Florida has extended the contract through March 31, 2019. The City will continue to piggy -back the State Contract for Tires, Tubes and Services. The State of Florida procurement requirements exceed the City of Boynton Beach competitive bid requirements. REQUESTING DEPARTMENT. PW/FACILITIES DEPARTMENT CONTACT. Gail Mootz, Supervisor TERM: December 2, 2016 to December 1, 2017 SOURCE FOR PURCHASE: Bid No. 078-2511-131JMA VENDOR: IMAGEJANITORIAL SERVICES, INC. ACCOUNT NUMBER: 001-2511-519-34-10 ANNUAL EXPENDITURE: $240,000. DESCRIPTION OF EXTENSION: On November 5, 2013, City Commission approved a two year award to Image Janitorial Services, Inc. as the lowest, most responsive, responsible bidder to submit a response to the Bid for Custodial Services for City Municipal Buildings and Facilities. Image Janitorial Services performs daily and weekly custodial services for scheduled cleaning and additional emergency and/or deep cleanings as required. This bid allows for two (2) remaining one-year extension periods with the same terms, conditions and pricing. Image Janitorial has agreed to extend the bid with the same terms, conditions and pricing for an additional one-year term. 'Lluts, Tubes and Scrvices / Altemate Contract Source I State Contracts and Agreements /Vendor Informati... Page I oft Department of Management Servilices Ls > > 2,11 ky"a nt: of MargageiI Services > Buss1 ss.O.1ir`a1',,,."�n:.,,, > I . ............---------------------- I ................. . --r-----__ ......... . Contracts and ArIrPFr ents, > Afterniate Contract SOW-(Zle > Tires, 'Tubes and Services < < Effective Period Contract T'Vpe If 3 Altemate Contract Source. 4'k 111 j,", r"I rr) . . .. ...... 135.78 KE V� i, I rl II I I "'? . . . . . . . 937.96 KB) Contract Documents 'Itv .... . .. ... 135.98 KB) T T P"T), 1- 976.65 KB) 135.07 KB) FN 895.63 KB) Contract Administration (850) 414-6741 7 n It V a "t d ("v,,i-, ro vf`l Il"I Commodity Codes UNSPSC-25172500 Description The purchase of t1res, tubes and ices® Lw)ocument reader download link P q 32?1( h", -//www.dms.myflori&coin/businesk_ppei-ations/.state_j=bwing/vendor: a . _Wbr=fion/state—qontmbt3— cs co N ti 4— O N C7 N O1 The city of Bovnton Beach 100 ffi y#Md)TM216B66levard P.O. Box 310 Bid Name: "TWO YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES" Bid No.: 078-2511-13IJMA Agreement between the City of Boynton Beach, and IMAGE JANITORIAL SERVICES, INC. Bid Renewal Period: December 2, 2016 to December 1, 2017 Yes, I agree to renew the existing Bid under the same terms, conditions and pricing for a one-year term. Yes, I agree to renew the existing Bid under the same terms, conditions, for the one-year term with the following requested increase: No, I do not wish to extend the contract for the following reason IMAGE JANITORIAL SERVICES, INC. NAME OF COMPANY TIMOTHY B. WILSON NAME OF REPRESENTATIVE (please print) 11-1 - I(�,--- DATE SIGNATU ?n�lvl TITLE So( - b gg -- b,`77 (AREA CODE) TELEPHONE NUMBER ti E-MAIL: j America's Gateway to the Gulf Stream Page 327 of 728 The City of Bovnton Beach 100 ffMy0W)3M- 158&6levard P.O. Box 310 October 3, 2016 Image Janitorial Services, Inc. 814 141hStreet Lake Park, FL 33403 ATTN: Timothy B. Wilson, President BID: "TWO YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES" BID No: 078-2511-131JMA CURRENT BID TERM: December 2, 2015 through December 1, 2016 Dear Mr. Wilson: The renewal term for the "Two Year Contract for Custodial Services for City Municipal Buildings and Facilities" expires on December 1, 2016. The City of Boynton Beach would like to renew the bid for an additional one-year period and have Image Janitorial continue providing the City's custodial services. To extend this bid and receive Commission approval, we must comply with the bid specifications: "Per the "Special Conditions" in the Bid Documents, No. 3, "The successful bidder must furnish a Blanket Fidelity (Dishonesty) Bond in the amount of $10,000. upon award; and, No. 6. - PERFORMANCEIPAYMENT BOND: "the successful bidder shall furnish a performance bond, cash bond, or irrevocable letter of credit, etc." Amount of bond will be $50,000." The performance and payment bonds provided by Image Janitorial Services for will expire on December 1, 2016. If you agree to extend this bid for an additional year, the Performance and Payment Bond in the amount of $50,000.00 must be renewed and also a Certificate of Insurance that includes the blanket/fidelity bond for $10,000.00. Please respond to this request by October 20, 2016. If you have any questions, or would like to discuss this request, please do not hesitate to contact Julianne Alibrandi, Sr. Buyer at (561) 742-6322; or E-mail: alibrandij@bbfl.us. Sincerely, Tim W. Howard Assistant City Manager - Administration Director of Financial Services c: Chris Roberts, Assistant Public Works Director Gail Mootz, Supervisor Central File File America's Gateway to the Gulf Stream Page 328 of 728 6.J. CONSENTAGENDA 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of October 2016. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for October 2016: Purchase Order Vendor Amount 170390 Phillips & Jordan, Inc. $ 43,500.00 170407 Municipal Emergency Svc $ 14,955.00 170433 Stokes Mech Contractor, Inc. $ 17,733.00 170434 Ronco Communications $ 12,377.69 170441 Supreme Marine, Inc. $ 24,737.00 170459 Champion Solutions Group $ 10,640.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT. Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 329 of 728 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Attachment REVIEWERS: Department Finance Finance City Manager Description Purchases over 10K -Oct 201 Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 11141201 - 10:20 AM 11141201 - 10:20 AM 11/3/2016 - 9:33 AM Page 330 of 728 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR OCTOBER 2016 1. Vendor: Phillips and Jordan, Inc Purchase Amount: $43,500.00 Requesting Department. Public Works Contact Person., Chris Roberts ate: 10/14/16 Brief Description of Purchase: D PO #170390 was originally issued in the amount of $24,500 per Amendment #2 to SA Agreement with Phillips & Jordan for the removal of hurricane debris effective August 21, 2016 through August 20, 2017 and the Agreement between the City and Phillips & Jordan piggybacking the SWA Agreement. On October 24th an emergency change order was requested in the amount of $19,000 in order for the vendor to start hauling mixed bulk debris from our Rolling Green site to Waste Management Facility located at 790 Hillbrath Dr., Lantana, FL. Source for Purchase: Emergency Fund Source: 431-2515-534-34-62 2. Vendor: Municipal Emergency Services (MES) Purchase Amount: $14,955.00 Requesting Department: Fire Contact Person: Vicki Dorneiden Date: 10/19/16 Brief Description of Purchase: Premier membership fee & annual maintenance fee for web based training program for firefighters. Source for Purchase: Piggyback City of Miami Fund Source: 001-2210-522-46-91 RFP #2014 -143 -LR 3. Vendor: Stokes Mech Contractor, Inc. Purchase Amount: $17,733.00 Requesting Department: Public Works Contact Person: Gall Mootz Date: 10/25/16 Brief Description of Purchase: Replace existing 20 ton condenser unit at Senior Center. Source for Purchase: Three Written Quotes Fund Source: 302-4111-572-64-18 RP1407 4. Vendor: Ronto Communications Purchase Amount: $12,377.69 Requesting Department: ITS Contact Person: John McNally Date. 10/25/16 Brief Description of Purchase: City network communication equipment maintenance to route our network traffic between our PC systems, servers, sites and the internet. We currently have 24-hour by 7 -day coverage, with 4 -hour response time for any outages on our core switch/router and auxiliary devices. Source for Purchase: Piggyback State Contract Fund Source: 001-1510-513-46-22 - $8,294.79 #43220000 -SCA -14 -ACS 401-2821-536-46-91 - $4,082.90 Page 1 Page 331 of 728 5. Vendor: Supreme Marine, Inc. Purchase Amount: $24,737.00 Requesting Department: Police Contact Person: Asst. Chief Snow Date: 10/26/16 Brief Description of Purchase: Purchase of two new marine engines for the marine unit's watercraft. Current engines need major service (approx. $9,000.00 out of warranty) and by purchasing new engines we will not be required to make this repair. In addition, the new motors come with a three year warranty which will reduce future maintenance costs, Source for Purchase: Three Written Quotes Fund Source: 001-2110-521-64-02 6. Vendor: Champion Solutions Group Purchase Amount: Requesting Department: ITS Contact Person: John McNally Date: 10/31/10 Brief Description wfPurchase: Vmvvanasupport 8subscription annual renewal. The Vmvvaresoftware allows computer servers torun "v|rtua||v''aa applications within the memory and processor space of larger, shared server hardware. The City and Utilities |Tdivisions rely heavily on the VMware software given it runs almost all of our file, print, and application servers, which provide information ono24hour by7day basis tointernal staff, mswell moexternal customers through our |nbonnwdconnections. Source for Purchase: Three Written Quotes Fund Source: 0O1 -15 -1O -g13-48-91 -$8.97O.00 401-2821-536-46-91-$1.670.00 PURCHASE ORDER "'ITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O#: 170390 BOYNTON BEACH, FLORIDA 33425-0310 DATE. 10/14/16 SHIP TO: TO: PHILLIPS AND JORDAN, INC. City of Boynton Beach 10201 KSIDE DRIVE PU13LIC WORKS DEPARTMENT SUITE 300 222 N.E. 9TH AVENUE KNOXVILLE, TN 37922 BO TON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST CHANGE #: 1 CHANGE ORDER DATE CHG: 10/24/16 2 19000,00 DL UL 'MI.XED, ETjL-K.:DESRlS. FROM 1.0000 19000 00 ROLLING GREEN. Site. tb. Waste Management Fadl-ty' :in Lantan-'a'. H 0 U r ILY. rate for trucks is $95.00 E.er:. hour stirdate:for hauling is based' on .111 ..twotrucks for twos' weeks. Allbrandi, Julianne ® Greco -Ar encibia, Adrianna Sent: Monday, October 24, 20161:50 PM To: Alibrandi, Julianne ® Roberts, Christine Subject. PO #170390 - Phillips & Jordan - Trash Disposal Request Gmportance: High Hi Juli, nge orcrer-Done rIgflX-d-nMJ,-I0TYfIe a0-V-IF7f so i can sena a copy oftne PU to tne venclorto start heil immediately. TITIFEUMIT IL 1 .1 . -- - - Vi=F Hillbrath Dr., Lantana, FL 33462. The trucks that will be hauling the debris will range from 50-65CY capacity and the hourly price for these are $95 per hour. ',�19,000. Please let me know if you have any questions. Thank you L*8 us on Facebook From: Roberts, Chrisdne Sent: Monda%AI' nYs! != To: Greco-Arencibia, Adrianna Subject: FW: Trash Disposal Request Page 334 of 728 Like Us on Facebook 91 Frorn: Dudley Orr Fmallto-'clorr0pandi.corn'! Sent: Friday, October 21, 2016 4:26 PM To: Roberts, Christine Cc: Franklin, Joseph Subject: Re: Trash Disposal Request Chris, We have found trucks that come haul for us starting next Tuesday. These trucks will range from 50-65CY capacity. The hourly price for these are $95 per hour. Dudley Orr 11 1 � 1111 111111 �1111ri 111� III �1111 11�11 Please provide me a proposal to haul mixed bulk debris from our Rolling Green site to Waste Management Facility located at 790 Hillbrath Dr., Lantana, FL 33462. The contact person at Waste Manaeement is Shawn iqz i 'T1 "I'll - IIII-Yed =eA a cost proposal as discussed. If you need any other information please let me know. Page 335 of 728 , 0 . , , R! I I I I I f I I I . . , , , - , WSMS=71,17apr-r� Fav#, VVIII-11 UOUICS-SU5 'At �� P—M Mwrub. I Mod] is as U -MCL -0 address may be subject to public disclosure. Page 336 of 728 CrrY OF BNOYNT. ON BEACH Mottv: 1(112.14P,2016 IM PO #1703,1910 teas g . � 's � ' �� 0010 � ` �' % 0, ' �vifth Prifflips & Jordan for irernaval of hurric,"ne, d-abris 1e -e August- 21, 2018 Mmoa g AuigOust AM20- r and ttris A .w ' �i pa r, the Ci ` I . ab�th AD . On 00o b 224M en, a eigaw cy cha ng s o Mer was rt,.gw91: d 1 n tutte affumint of $19,1'00, 0i order rhe vendor to witaft hauling rtred bulk debele Arorn ouir r4offing Green slinte Va tNefvle vegge ent Facility` x ted at, 790 br fh Day., Lantainea "L. u � � " r 4 � " an y '' st > u„ � � ' :�»� -m' ia,,."e Y w� gum ��2"l � ,, '' a:�su ,€ kyr � a„ � �� �i�..�a � £� ��;�,ra }a "rh GRA PR 'I'D EVREV,4'Lr0 T au m�m:,s SNAPS v,sale SOUMS m? Pa ygSag'k F—S.S .'o layurch t�hgaF Other va..a aoamr& m 143'i 45415-634-34-62 f � m<�aummWn � rate HT Asst CityManager ,nw.m: varmw swwwNnw, wu � � Citf aY d vg `' ,k^�m '.� sta y at Page 337 of 728 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #. 170390 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/14/16 E ` - �11 - TOPHILLIPS AND JORDAN, 10201 PARKSIDE DRIVE SUITE 300 KNOXVILLE, TN 37922 SHIP TO: INC- City of Boynton each PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UO M ITEM NO, AND DESCRIPTION UNIT COST COST PHILIPS & JORDAN WILL OPERATE A 1.0001 TEMPORARY DEBRIS SITE (RO.LLING GREEN- 510 NW 14TH CT BOYNTON" REACH, FL.:: LL a. .415 .. 1. ... HU ACCOUNT NO. PROJECT 431-2515-534.34-62 PURCHASING Page 338 of 728 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170390 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/14/16 VENDOR 9441 TO: PHILLIPS AND JORDAN, INC. 10201 PARKSIDE DRIVE SUITE 300 KNOXVILLE, TN 37922 SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST r0rorene I ImmmEm PROCL)REP-41ENT SEWCES,, RO. T OTAL: - - - ------------------------- ------------------------------------------------------------- - - ---- - --- ACCOUNT NO. PROJECT 431-2515-534.34-62 PURCHASING Page 339 of 728 la. ral m K t7l� m I I I m I E-4 0 0 00 0 0 LcrI) Ln C) 0 C; C� 0 0 Ln Ln i co cla rq 0 I z 0 0 OR 0 I E4 Z I 0 H H H ® u Cl N k-3 DQ rA P4 0 Z g14 u Mo ® 0 Ln E, E4 Z z z 0 p w Q 04 H R � W ; 0 u04 04 w R) z o Hoco 0 4 Zo M I H -� M m E4 X Ln X Z::) p > H 14 U H 0 U, r4 Ul to 0 m HW,-4wE4w U) H PMN P4 bw Di 0 —04com a q -r-I p 4 z 0-4 0 V.4m 4, 0 om�q N 14 Q u 0 4 > x< Z Q N —4 x MIX A 20 FA u w H Q H H 1 Q X: 14 �X 04 41 P4 ZPM 10F, U, E-4 m cn Z H e I 0) m hCy � 0 r, :Jrd AIII >- M, E-4 04 -L) (d blo mnrk->4"Wo >qo Q P4 r ­q U DQLO Ei� E-IUIW �L) M V2 0W 3t q �rd MzH= N w go ri m �4 yN upnmocp'x p Z 4-) �4 4 4.) H W txor4of3�0 4C E4 M W- m U wl Do w N F;4 v 04 H H I E -f 9) � u 134 FA W P4 ovilp l a M: to E 0 41 WN4WH Lnolm p M4 044 �4 0) :i�-M EiM� 0 4) 04r. OHLM HX,4A IHI INq 9 l -I .6) 4J 0 H H Z ra v 4 0 L-4 b -r-4 n,mmW 'N W 0 04w ed w 0 M F -i 0 x WUP4t14 w P4 H �4 4po-r44 z ZWQ HW z I Cd 14.4 :E UH , —Mmw0gxwx Olt 9 SCO "IT 20mo wu 9 rn 0 41 25M �,404MH 8 1:1 co P,� (D 9 VM '14 NE9 E� 0 4 0 m m m N icq Q PO Tj I m z U U N m k-awmnm 0 rj3m>400Ln mu Ln M 4 is P � Z MHE�WWE4V H 4 �.q Q Ln N 4-) 4-J 0 d) Q11-14 HO�HH 14—CNO PO E 2w w04 MN ZpPWAM90 OC4H 0 �j P 194J 0 WHMZ>4m 0 C;Z<OE 1 0 N U U 0 Md) 04 M:IA r4 W H HM00 U l 044 d) M HH HD40 Qu�l —Acfflu um z (D ��40 �4i%L)r4MR H q 4 v 0 50 Hmmmpi NWVMY�Ltl M'00 H ra rd WV MW W2rT14M040Z04AkDqv HUW ri 04menn 0 P4. MHM— Pe N* n p H a) (d z w Id 4A �b b) M (U 0 44 0 -4 9X N M 0 0 04 Page 340 of 728 p 1, 1A MAN, M DA TED 2-ISTDA Y OF A UGUST MJ3 This SecOndAmwndmag dated the 21st day of August 2016 to the Agreement for the above Vaimen services, Agreement No. 13-249, between the Solid Wage Authorf AVMAF'1GTyT—a5MPhil1ips and Jordan, Inc. (hereinafter refWred to as CONTRACTOR). Memas, both parties desire to extend the term of the Agreement for one (1) additional year as provided in Article 1 Of the original Agreement; and. *Wereas, AUTHORM, desires CONTRACTOR to continue to perform the services as may be specifically tesignated and authorized by the AUTHORlTY; and, In accordance with Article I — Effective Date, the AUTHORITY and the CONTRACTOR mutually agree to extend the A& ;Wn for fVe M".. � I =� M11 oil 'F�"N iw"rluen above daMl the 21st of d August� 2013 shall rem'I in full force an■effect and b shall not e altered, amended Or rescinded except as provided herein. In "Wne-a H%ere0f, the Executive Director of the AUTHORny has made and executed this Amendment belWf of the Solid Waste Authority of P111m Beach County and Phillips and Jordan, Inc. has executed th Amendment as of the day and yea above written. 0 M i 11 V 111,, ; jrq�;ry -11111M!111111 A By: A"4e=== Mark Hammond Executive Dir�4,Vr-- PURLIPS AND JORDAN, INC.- Bys —Ado wo Page 341 of 728 CERTIFICATE OF LIABILITY INSURANCE i TOMMIE- 4 t 12' III I M111111,11114 All rMR111JR10A 1114111R,44 INSURED PhillipsnJordan, 10201 Parkside Drive, Suite 300 Knoxville TN 37922 mil �# m contract.D yCOMMERCIAL GENERAL LIABILITY 5 OCCUR Contractual Llab GEN'L AGGREGATE LIMIT APPLIES PER: h. AUTOMOBILE LIc. ,� X ANY AUTO ALL ULED III• AUTOS" #ZINFID y, r r r �WORKERS COMPENSATION ANY PROPRIETOWPARTNERIEXECUTIVEr OFFICERIMEMBER EXCLUDED? (Mandatory E 'r Vv a .r" RIPTION OF OPERATIONS below VAxh' 1 ,, AN other SC, TN, TX, VA, WV VVCA00001 1616 - CA, GA, A Ct } . Florida AutomobIle Combined Single Lim it 5,000,000 DESCRIPTION OF OPERATIONS 0 LOCATIONS I VEHICLES (ACORD 1101, Additional Ranorks Schedula, my be aWched W more *Paco Iz raqulmd) Boynton Beach, FL is an additional insured as respects General Liability, when required by written Hilr*] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES CANCELLED BEFOR C' of Boynton Beach E EXPIRATION DAT F, NOITICE WILL C L R IN 107 E. Boynton Beach Blvd, ACCORDANCE WITH THE POLICY PROVVISIONS. Boynton Beach FL 33435 All OREPRESENTATIVE F r 1988-2014 ACORD CORPORATION. All rights a ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Page 342 of 728 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170407 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/19/16 SHIP TO: TO: MUNICIPAL EMERGENCY SERVICE, M City of Boynton Beach 3789 62ND AVE N FIRE STATION NO. 5 PILAS PARK, FL 33781 2080 HIGH RIDGE ROAD BOYNTON BEACH, FL 33426 EXTENDED LINES QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST MOCUREMENT SERVICES� ACCOUNT NO. PROJECT 001-2210-522.46-91 P.O. TOTAL 14955-00 PURCHASING Page 343 of 728 I Z 0 U L) r4 f la 04 0 H r4 E 61 Ln Ln 0 C4 rq LY 0 0 I I m I Page 344 of 728 CD 0 1 0 0 I Rn w I H C., U3 Q 1C; 0 V; Lwn M Ln Ln W 0 s -j U i Ln Ch C3 MM 19 a Z 1-4 1 9 E� H M CA ra W En tj U to CA 14 u Ln H 14 Pd 14 -a M H ta to w ra rA a 0 HEU 0 0 EQ Hu 8ro Ncn I Z 0 U L) r4 f la 04 0 H r4 E 61 Ln Ln 0 C4 rq LY 0 0 I I m I Page 344 of 728 CITY OF BOYNTON BEACH4REQUEST FOR PURCHASE OVER $10t000 Date: 10/17/2016 ��equestlng Department: Fire Rescue Contact Person: Ouid7' Explanation for Purchas e Premier Membership for: Annual Maintenance Fee. t ecc e ee tt r Amount of Purchase 14 955. 00 Source for Purchase (check and attachmaterials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy -Back Budgeted item Emergency Purchase Other Number: NOTE Prlclng propo3al for purchase must be presented in the some detail contairmd vvithin the contract. Acct# 001-2210-522-46-19 Forrn ReWsed 02109182 Page 345 of 728 I P.90FUMEM ;d Mj-- 1FTF1;FljN21FF-F1-hE i-ff 1111r., Date Invoice # Terms Due Date ANY-Twffm-e T- - IT X� ;tf a rac F.P. T ................... 11 11111111li��Iwrjj ir 111111111, ii4liFill I w1maw MR, I I@ VOILLVA�72 I 11 ire/ ACH: Routing#:121000248 Acct#: 2000030294606 Bank Name: Wells Fargo Bank, N.A. 4 i �N R 4K. [ 44AN 1 Ho".111 001 AM. 2�= Customer 047322 CITY OF BOYNTON BE... Invoice 0 IN1070614 Amount Due $14,955.00 Amount Paid Make Checks Payable To Municipal Emergency Services Depository Account 75 Remittance Drive Suite 3135 Chicago, IL 60675 11070614 Page 34NOf 728 Krasnoff, Leah From: Dornieden, Vicki Sent: Wednesday, October 19, 2016 9:20 AM To: Krasnoff, Leah Cc: Davidson, Jeffrey; Hall, Ouida; Joseph, Glenn Subject: Target Solutions Attachments: 2014 -143 -LR target solutions ext.pdf, 2014 -143 -LR target solutions.pdf Hi Leah, Attached is the piggy back info for Target Solutions (MES). I know it expires 11/04/16, but there are four (4) one (1) year renewals allowed; I will be on the "look -out" for the extension. Thanks, V Vicki Dornieden Administration Et Finance Officer Boynton Beach Fire Rescue City of Boynton Beach 2080 High Ridge Rd. I Boynton Beach, FLorida 33426 o: 561-742-6332 1 f: 561-742-6334 DorniedenV@bbft.us I www.boynton-beach.org I www.bbfrd.org Page 347 of 728 City of Miami Beach, 17',10 CammnvcwCemer Drive, Mani Bead. Floi,dlu 33139, www micriberdM gov Jimmy L.. Morales, any Manager 7 � el. 305-673.7010 , Fox. 305-673.7782 Ms. RhIanna Syvertsen �AmWAn-aLlEmeMenWSenfices-Am 472 N.E. 191 Street Miami, Florida 33179 4 EI ISE I(s* *141 IC-AY1 =1 tv:f *Nzi 4 OR 1 2 IIMWJE'14��'I MAji W 1 LQ wTA ' 1,71 I j j7z7 W. I #T#W;Effj-Z I a �# I :j =I Mao PROFESSIONAL SERVICES AGREEMENT BE7WEEN THE CITY OF MIAMI BEACH AND MUNICIPAL EMERGENCY SERVICES, INC. FOR 11 M, re 901 address is 7 Poverty Road, 86 H Bennett Square, Southbury, Connecticut 06 (Consultant). Agreement: This Agreement between the City and Consultant, including ar exhibits and amendments thereto. City Manager: The chief administrative officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to t an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed i undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach Request fi Proposal (RFP) No. 2014 -143 -LR for a Web Based Training Systen together Mth all amendments thereto, Issued by the City � contemplation of this Agreement (the RFP), and the Consultant proposal in response thereto (Proposal), all of which are heret incorporated and made a part hereof; provided, however, that in th event of an express conflict between the Proposal Documents and th Agreement, the following order of precedent shall prevail: th Agreement, the RFP; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Cent( Drive, Third Floor, Miami Beach, Florida 33139: telephone numb( (305) 673-7000, Ext. 6435: and fax number (305) 673-7023. Page 349 of 728 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit "A" hereto (the Services). & 2 Consultant's Services, and any deliverables incident thereto, shall be completed in ,-zccordance with the timellne and/or schedule in Exhibit 'An hereto. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines. schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit 'A" Wereto. as ,t.1 In consideration of the Services to be provided, Consultant shall be compensated on ii fixed fee basis, in the amount of $24,342.00 for the first year. Premier Membership: $203.00 per user Career Tracking: $15. 00 per user Online Training with EMS Course: 1$95.00 per user (Option to include in Year 2 through 5. at $49.00 per user). Qrjm- -W Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provide and shall be submitted to the City at the following address: I City of Miami Beach Finance Department IthEMUN F,RR2rsTiT1aR1KF-1V ?A Page 350 of 728 k # - ! { • • { 1 l*m VI imAioj MM, If 4-Z Cal 4054M SECTION 6 ,. a {, ��,�;r C`h'i i:i'� i ■7`x',1°ICS[ K Page 351 of 728 Page 352 of 728 if ilh!E�Agreemeni. SECTION 8 The City desires to enter into this Agreement only if in so doing the City can place a limit • the Citys liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses Its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000. in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this ,Agreement, Nothing contained in this section or elsewhere in this Agreement Is in any way intended ti be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. Rio) It; M LZINK941 "11*10111109101�11 W. M --M- A Page 353 of 728 9090M��r��� Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be In the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless ,�pproved) shall be void. Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. In connection with the performance of the Services, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital and familial status, or age, County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended from time to time); both of which av� incorporated by reference herein as If fully set forth herein. AS �Zjj-j All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U,S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice in wrng, all such notices and communications shall be addressed as follows: R Page 354 of 728 TO CONSULTANT: Municipal Emergency Services, Inc. Attn: Troy Cool, Regional Sales Manager 7 Poverty Road 85H Bennett Square Southbury, CT 06488 Email, tcool@mesfire.com TO CITY: City of Miami Beach Attn: Chief Virgilio Fernandez, Fire Department 2300 Pinetree Drive Miami Beach, Florida 33140 Email: viro�illofernandez(o)miamibeachfi.gov fflp a 1 i City of Miami Beach City Hall Alex Denis, Procurement Director Q. 11 rdQ = T notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shali be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. 11110 1 @ �Iiqpqry shall be effective unless contained in a written document executed with the same formality ,.-nd of equal dignity herewith. 12.2 SEVERABILITY if any term or proAsion of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. P Page 355 of 728 OW91"I [Will a 191 1 111W 11 01 Ili A-116101 1991 NIIIII&I III WAS, - i I Ne4 DAI leffilaill _- Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of "Contractor" as defined in Section 119.0701(l)(a), the Consultant shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provIded in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Consultant upon termination of this Agreement. Upon termination of this Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing Software, or other matedal, regardless of the physical form, characteristics, or means of transmission, 1MV business of the City. I i lip 0 a 0 �'.fZMK*M 901-]VwEGA:rw I M I IWO I Kq I i Iz so 0 0 4 6 0 0 a 0 0 0 93 Page 356 of 728 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. JI -2 CVy Clerlk—�--' V 1-3 ORATED: FOR CQNSULTAKTt�',"',. '9',10 Sri ATTEST: -41y, By: P rent N MUM lgq5m��� Page 357 of 728 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 170433 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/25/16 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 13440.00 DL SHIP TO: 1.0000 TO: STOKES MH CONTRACTOR INC City of Boynton Beach E.C. STOKES MECHANICAL CO PUBLIC WORKS DEPARTMENT 2001 7TH AVE N 222 N.E. 9TH AVENUE LAKE WORTH, FL 33461 BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 13440.00 DL MATERIALS 1.0000 13440.00 2 20.00 HR LABOR 85.0000 1700-00 3 523.00 DL SUBS 1.0000 523.00 4 470.00 DL PERMITS 1.0000 470.00 5 1600.00 DL COIL COATING 1.0000 1600.00 a REMARKS. REPLACE EXISTING 20 TON''.CONDENSER @ SENIOR.: CTR SEE ATTACHED PROPOSAL DATED 10/3/16 as a sm m k' ri E9 Ilk op�u a i ON m / li Pam" t w mm M 30 s:t � # WIN # # x # # # + E Ln Mj rt *,` #, P t' a rl to ri ti • cl I 1 1 1 I 1 1 1 1 I 1 1 1 r 4.3 Ba! E9 I YA 'i + / li M 30 s:t � # & Ln Mj 1 *,` 60 i, ri ti 0 1 1 1 1 I 1 1 1 1 I 1 1 1 r 4.3 Ba! 1 i 1 1 I 1 1 1 1 E9 I -2 9i & Ln w3 1 1 60 sas 0 1 1 H 4-A I �'S i CW C5 Gy 1 1 1 1 i 1 1 I 1 1 1 1 1 E9 -2 9i & Ln w3 1 r -a sas H 4-A I �'S CW C5 Gy 1 1 0 1 1 Q 1 9 BJ I I 1 E9 r -a sas H 4-A 0 Q 9 BJ 0 K) en rt 00 ci rw (Dm FAH WPO O m I pu W O H 1 0 0 P- q I q c! la'm H 1 0 H P. O La ril 0 z tA H 0 F3 > 0 0 q z tij 0 of CLW z rrC In 0 rt H P) Pd 03 w 0 m cr 0) LO ;a m Ci 0 t PC H8 w Pa �A w H Di v H HO I H I w q z I LrI H w I W y 0 C) 1 0 0 In 2 (n -4 0 to I Ln O Vi z w H 0 z ;a tj tai i FC tj ra C) a Page 360 of 728 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10$000 Date: —2—Z)Z1V1-1V Requesting Department: ZAIMWX4,71e-�s 4/ 4/�, Contact Poison:.. I Explanati-on- for —Purchase: ,es-we,we, exv-s ZO 7OW eJ0'AJ06A1Se--4 Z�IJ77- A7 - Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Contract Number. NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: IMLH= Form Revised 02101102 Page 361 of 728 HVAC PROPOSAL State License No. Boyntono for Center 1201 S. Federal Highway A Worth,Lake da 33461 • 582-3589 582-3602 service@stokes.com DATE 1 8 l m 0 IN Im Page 362 of 728 Senior Center Air Conditioning Repair Al Property PrecisionturesMechanical Quan Thermal Concepts ServicesMechanical Condenser Ir yresponsesince No Wednesday, cote atthis time To ton unit IC133M $ 26,237a DD Hot 5 IncludeWd included Delivery Date days [ursk M -s days (unit) days coatingl Sub-total u-t l 16,133.00 16,237.00 § �tal rbc /Itr4 _ n .�yy gg+g��gg ggyy{{yy #n�gpy iyp£y3ryd6lV dr3s4�ila5tfi ��pL.�g� a�'MA &y6i4 g i"���e X5$8 c�1 m �§ _ e® . v�pjy ¢ y�lpppgG�iP. i#f a T YYFp J..I�• �i Unit i DOES 3ES DOES DOES T Include - include hot s - Notes., ass valves (can not locate them) Page 364 of 728 Micialtz, Gall From: Steve McDaniel <SMcDaniel@thermalconcepts.com> Sent: Tuesday, October 04, 2016 11:39 AM To: Mocitz, Gail Subject. SENIOR CENTER SYSTEM*2 Attachments: #20082 SENIOR CENTER 20 Ton Cond.pdf M that they were having low load issues due to the unusual unit configuration. I realize you said that it has been working for 11 years, but I suspect it has not been working correctly. I am working on a complete replacement at this time. I do not think it is in the best interest of the city to replace only the outside unit as I feel this system as is will not function properly. However, that being said, I understand the need to a restore cooling within this area asap. Please see the attached proposal based on the correct outdoor unit configuration. W= Steve McDaniel954-472-4465 Ext: 215 Account Manager Fax: 954-472-4425 Cel: 954-224-9443 Dir: 954-541-3003 lT1rqr--WU--*X 2201 CoNege Avenue Davie, Florida 33317 www.thermaiggpggpts.corn VIEW OUR COMPANY VIDEO OTHERMAI Please consider the environment before prMtlng this email message, Page 365 of 728 M Miami offloe r444 BrIckell Avenue Miami, Florida 33131 o0_ : 3CO5.940.0391 F. . 71 F: 786.391-3689 CLIENT: PROPOSAL: 00020082 Stuart off Ice Boynton Beach Senior Center 2497 SE Dixie Highway 1021 South Federal Highway Stuart, Florida 34997 Boynton Beach, Fl 33435 ....... . ..... 0: 772.220.2365 F: 772.220.2273 .................. CONTACT: Gail Mootz M Miami offloe r444 BrIckell Avenue Miami, Florida 33131 o0_ : 3CO5.940.0391 F. . 71 F: 786.391-3689 CLIENT: PROPOSAL: 00020082 City Of Boynton Beach Boynton Beach Senior Center 100 E Boynton Beach Boulevard PO Box 3 10 1021 South Federal Highway Boyn:Lc�n Beach, Fl 33425 Boynton Beach, Fl 33435 ....... . ..... Phone: 561-742-6323 Fax: 561-742-6316 CONTACT: Gail Mootz Sixteen Thousand Two Hundred Thirty -Seven And 00/100 DoUars. Trane unit COND Model 717A240B30SFA Serial 52025XBAD M 1. Perform proper recovery procedure of existing refrigerant based on EPA federal regulations. 2. Provide labor and material for the removal and proper disposal of old condensing unit to include all related materials. 3. Provide labor and material to install 20 ton Trane TTA 240B30OG R22 condenser to include proper tie down hardware and related installation materials. 4. Provide labor and material to properly evacuate and charge system with new refrigerant R22 and add refrigerant as required to bring system within factory charge specifications. 5. Provide system function check and start-up to ensure proper system operation. 6. Provide crane service to lift condensing unit in and out of area. 7. Manufacturer's part warranty; 1 year parts and 5 year compressor. Thermal Concepts Warranty; 90 day labor up to I year craftsmanship warranty. 8. Work shall be performed during the hours of 8.00am to 4.30pm, excluding holidays and weekends. 9. The current estimated Lead time is 6 to 8 business days from time order is placed for unit without coil coating. 10. The curTent estimated lead time with coil coating option 10 to 12 days 11. Also provided within this proposal is city fee and inspection. THERMAL STANDARD TERMS, CONDITIONS AND EXCL11111%1111114777�= T �1— P�Ktitlf= Customer Inifiag Page 366 of 728 M—Nmm"Jr.r. RM: Page 2 of 4 .or ............................................................. $ 2400.00 Material .......................................................... $ 2698.36 EQUIPMENT ................................................. $ 8,453.64 RECOVERY, VAC FEE ................................ $ 117.00 REFRIGERANT R22 ..................................... $ 594.00 Est City Permit and Tie Down Detail ............. $ 936.00 Crane service .................................................. $ 738.00 Deposal fee ..................................................... $ 300.00 COIL MAMG OPTIOA,: If chosen an additional i,a to quote IFW15MMIJI below. ;;111111111111''piq 111,!�Jjj �5,11 .......... 1112111 11 # 1. Any electrical upgrades or electrical work are not included except to disconnect and reconnect existing electrical services. 2. Any work or replacement toexisting copper lines sets to include size changes. evuinment or cornnonents related to this system is not included. Due to the r4 -Q& 111 al - "M LCU IIJAII-1017 25CULIOR. I 1101-111ill %-UI1UrZPLb ';; III !rf='VW LUM111 M I ITiV717 11Ittld-UL #2 are found during start-up. 4. Any other work or semices not listed in the above proposaL pr ix ent to be made as follows: NKr 30 DAYS Acce)tance of Provosal This .. rl—posal m.— be withdrawn if not accnpj2b dvember 3 201& The above prices, specifications and conditions are satisfactory and are hereby S�w KDA" accepted, You are authorized to do the work as specified. Payment will be made as Account Manager stated above. Date of Acceptance Signatw- 0 Customer initial Page 367 of 728 4.. beat, or air -flow. Electrical work due to power outages, blackout§6 brownouts. Electric motor starters, motor controls, motor controllers, blown fuse% power wiring, low voltage wiring, or any failure resulting from any cause other than normal mechanical maintenance. Electronic and/or electra Customer Initial Page 368 of 728 0 Thermal Concepts, Inc. Proposal Page 4 of 4 mechanical control boards. EMS systems and all related componenft Fire alarm systems. Freight and handling charges. Gaskets, glasr� grines, lik covered internal or external Internal chWer water dsm&4�e. Motors of 30 horse power and over. Operxtor '-j-LOTIMj]�iT4jjjFj11' 11W1114611 I u Shelving. Smoke exhaust Systems Ind al component pans of such systems mat may De exist. isolators or sound traps. Water systems and water treatment of any kind. Page 369 of 728 From: Rachael Clarke < rachael@ precis ionairsystemsinc.com > Sent: Monday, October 10, 2016 9:04 AM To: Mootz, Gail ® Senior Center Operations Ihimager Phone 561-791-3980 Fax 561-795-1693 Page 370 of 728 PURCHASE ORDER 'C"ITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170434 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/25/16 SHIP TO: TO: ONCO COMMUNICATIONS & ELECTRO City of Boynton Beach 595 SHERIDAN DR ITS DEPARTMENT TOW A, NY 14150 100 E BO TON BEACH BLVD BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1.00 EA EXPRESS MGD SPARES NBD-SLN EMS 33.3300 33.33 VENDOR ITEM NO.- GF6300EM5 2 23.00 EA EXPRESS MGD SPARE5:NBD�:5.-,ljN EM7 60.8500 1399.55 VENDOR ITEM NO. - GF.6366EM17": 3 16.00 EA EXPRESS:.. MGD SP. RES. :N13D..S.LN BX M 167.3400 2677.44 VENDOR ITEM: O.'- GF6300ExM m: 4 17.00 RA .. MGD SES NIB.D EXP WAP 8.12.0PAR 5.0.7200 862.24 VENDOR .'ITEM NO. .- GF6300EAl 5 1.00 EA ...ER9SG98TFD MGDSPARES HR..EXP .1.4.:88..7000 1488.70 V EOITEM: O. GH6300 I)S:8:: NDR N.:. 6 2.00 EA '.ER. S5632Ft). MGD SPARES.AHR EXP 2079�;8400 4159.68 VENDOR ITEM NO.- GH6.30ODTO 7 1.00 EA WLMCTLR IP LIC MGD SPRS NBD 3.99.8900 399.89 Exp VEMOR IT NO.7 GF6300DZ9 8 1.00 EA WKS 8100. SUPT:...64 TECH SUPT EXP 2-91.3.400 291.94 V914DOR' ITEM NO.- QE6300E.A2 9 1.00 EA ::ERS565OTD MGD SPARES 4H.R EXP .106.4.9.200 1064.92 VENDOR ITEM NO,- GH630ODS9 REMARKS: NETWORK EOUIPMENT MAINTENANCE. Pop, CITY & UTILITIES PIG GY8A�M:STAT . E CONTRACT ,#4322.0000 -WS -14-ACS EXP 5/30/19 QUOTE #TD3 ONE YEAR TERM DO NOT MAIL PO - ITS WILL SEND TO VENDOR PROCUREMENT SERVICES� RO,TOTAL: 12377.69 ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 371 of 728 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O #: 17043t BOYNTON BEACH, FLORIDA 33425-0310 DATi, 10/25/ftV SHIP TO: TO: RONCO COMMUNICATIONS & ELECTRO City of Boynton Beach 595 SHERIDAN DR ITS DEPARTMENT TONAWANDA, NY 14150 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCU REMENT S FRVI CES: PURCHASING Page 372 of 728 RE O a 4 o V dr m d+ N c7t r< r~ 1� rs � o r r a. rA � c• r- H d+ a o m tv o rm ,-i N N ri N rq 71 M I ,n V w 0 0 O 0 ry N t� d m t� �a in ua a • FA W t+i 1p lb fi^ co C51 H rl Page 373 of 728 w 1-i co W I VA r -I 0 H U') 0 �m M on M a) IV I til C" 2 H 4 co Ea � E cri N C14 4 M M CD N w W W Q 0 pq Q 1C) 0 C) 0 0 0 0 0 C3 >4 01 0 0 0 0 0 0 0 0 a M M en M rn M rn M W w kos�svv0ee LO w w w N FT4 r-4 r74W W rX4 W >1 0 0 CD 0 0 0 0) 0 0 C3 Ln C� 1' kNV) Ln v C14 W OD M 61 %D W 0 0 C3 CD M C 1 r^ Cq C� a; m v r' 1 C3 0 w M Ch C® kD co Ln 0) IT %D r- -A rl M ko ap v -1 M N C> rn H I -f cq H v 14 (N 0 U Fa W I F, E, 0 0 0 0 0 a 0 U HM 1 0 a a 0 0 a CD 0 C) : 0 Ln x 0 0 U I M M n Go M N r, 0 t- v co M CD 1� 0� N M N z U I : H ko W I M C; r4 (D OD a; Cl E- CD p 0 I M km km Ln co L- a1 Ch LD 0 z Ura 0 M N 0 a H r -I CN 0 F4 M W Le) 1 0 Z FC�4 z 4124 1-4 rq : W w 94 fe4 F3 Z 8H Iz 0 0 D >4 0 0 0 0 0 C) P4 H LX 0 H 1 0 0 0 0 0 0 0 C) C? I 130 H 04 W H I F Fi 04 rx E-4 1 rl M %D H0 z C4 M pq a1 1 w E4 > 9:3 W U) 10 M 2 91 U 1 m m > E4. C14 M 9X rAI 14 Ix 00 M W V H E-A [-4 E4 0 F 4 EA E� FrZA !D �3 ZPHZ4 ZW E Ul co M M M pa M U) M W z PQ ra z 8 8 z 6 z 8 z z H H H Fq 0 0 u U 0 w MU 0 MU 0 Mu ZZ IOHOH9 U Ln W MU r- pq 0 U 14 co N m w MU W Q W p4w W I I 1 xUw F -I MH xUw W>H� UW W>-� U W H P4 C) W XH UN P4 mum , xUM "✓ U Dq H > N >, � �"> � Z 99 �4wn Z149 �4 W zp4m �4wl x Ix p. wwn X M IX N 0 rAixm NQ cn rA p4ms E� WNR W W CI Ulu) mm I MW U3 Q M q M pm x NM M tDm M l 140 0 a Z-- z 2� ZHP� H RZP4 2 H P4 Ha u H 1% MHC4 P w Eq w Ft w m P N PW 0E+ MPM E+ EPW 4 P Wk4w POE MPM Ma V2*4p WF4P Wea ��E H H IP4 M 1:4 04MP4 gmaj M01 Ul U7 PI x Pt rn p8 M E H m P4 x %4 M N WZE a4 Mao mzz 1 (N cl (N w 00 E 99 0 98E 0 IZZ 00 A 0 go Fl 80 00 00 M L) r1i M r-) U WUu UU OU L) Nuu PUU nUU, 8UU 23 Z>iQ i Mc M0 H 0 I 0>+Q 0>+Q 0>E >.n n>In >1Q El om z Ea H 1 PR XHQ X E10 PR D��PO MPO HO HO QHR -, 0 E1 H H E H E OHS E-4 H WH Z SHE nHZ E� H 11 1 OH -q -q H H0 04 H MQ moo M 9 :l moo MAZ MRO NQ x HOO WOE 0)00 "PE MOO .1 n E E-400 OH H00 C)OX LnOO U-1 H -4 H r4 Ix1 U EU 9M 2U P4 w M w u WX W:E� U EM w MEM w rt, 0 MEM U w u E w U ME U0 0 C) 0 M : P4 0 0 MEr) D40 R N�D O MO�D mo�D 6 � RM M M MOE F4 Da Worn to 8w rl) ril XUMM gum IXUm lxUM NUM p4UM 0 w r4 H N w ZP4I H (N M v LA %D rl 00 a% 1 Z,4 r1l rn rj) H MI H Page 374 of 728 Date: 1012112016 M, TERM Contact Person: Marty Stevens Explanation for Purchase: City network communication equipment maintenance to route our network traffic between our PC systems, servers, sites, and the internet. We currently have 24-hour by 7 -day coverage, with 4 -hour, response time for any outages on our core switch/router and auxiliary devices. Recommended Vendor Rons o Communications [qoIllar Amount of Purchase $12,377.69 Source for Purchase (check and attach backup materials): Three Written Quotations GSA r ------- I State Contract PRIDE/RESPECT L --j SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase r I Other Contract Number: 43220000-WSCA-14-ACS NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: ITS 001-1510-513-46-22 $8294.7-161:1 Utilities 401-2821-536-46-91 $4082.91 Date /0 lid- 62 0 Date Date Date Page 375 of 728 Ne,)- R COMMUNICATIONS §m7m in Page 376 0 728 MASS quill §m7m in Page 376 0 728 rmata Communications1/; Contract /Contracts k t ii 1111plippill 11 Effective Period 09/08/2014 through 05/30/2019 Contract TypAlternate Contract Contract • Pricing • PrQdtict Categories Contraag—rs Cont ors by Category How to Use this Contra Freguently Asked Ouestions Partich2ating Addenda Master Agernent5 Amendments and MgmorandUM Forms r other ■ • Jeremy Williams 1 414-6740 + a / 1111 91111 1 :Ii flMl f1 .Ii .1 10 11 1111 11 .11 811 1111 11 UNSPSC-43232400, 1 1 i. / 1 • 1 1 alternateThis contracts.of Data Communications equipment, peripherals and related services not currently available on state term * This contract is available only for products noton it * WSCA participating addendums are entered on behalf of governmental entities In Florida for Adtran, Aruba; Brocade, Cisco, Dell, http://Www.chns.myflorida.comlbusiness_pperationslstate—purchasinglvendor—infonnatio... io/B49678 of 721 111 Wil r i Name CBE Code Im IM L► Recycled utilizes oag Authorized Products Area Resellers No IMInority No Climate No Friendly No Minority No Non - INo Minority I No INo Minority� INo INon INo Minority INo fNo Minority No IMinority No No - No Minority Non - Minority LpgLreme Networks. Non - Minority Minority IMinorityCornrnaajgaLaa&_� Minority juniger Networks (US) A, - I * Inc. � I Inc. Minority Palo Alto Networks Inc. A - Non IMinority I Im IM L► Recycled utilizes oag Authorized Products Area Resellers No Florida No Climate No Friendly No Preferred No Products INo I No INo INo INo INo fNo No No No No Im IM L► Recycled utilizes oag Authorized Products Area Resellers No IYes No Yes No Yes No Yes No IYes �No INo INo INo INo INo INo INo INo INo INo INo WM LM m 1:m Q ism Statewide I Statewide II Statewide Statewide FO .159 lZOWU Contractors - Avaya Inc. / Contractors / Data Communications Products & Services / Alte... Page I of 3 SkiD to MaLn _Content Department of Management Services FIL)rida Deciartment of M a nag e -m -e -n -t -S -e -r -vi -r -es > Business ODeration-s > gitate Purchasing > yenAor InformaticLn > State Contracts and AULEgments > A1ternatLL2ntMLL22U—m2 > Jucts & Services > Lontr ctor > Qata CoMmunigations Pro Contractors - Avaya Inc. Avaya Inc. CBE Florida Climate Friendly Code Preferred Products A - Non- No No Minority I I Vendor: Avaya Inc. Vendor Tax ID Number: F22371343001 Ordering Information Name: Rick Wharton Title: Contract Manager Recycled Utzes Authorized Coverage Products Resellers Area Street Address or P.O. Box: 4655 Great American Parkway city, State, is Santa Clara, CA 95054-1233 Email Address'. r is rton@avaya.com Phone Number: 919-425-8304 Federal ID Number: F223713430002 Remit to Address., 4655 Great American Parkway City, State, Zip: Santa Clara, CA 95054-1233 Contract Administrator: Name: Rick Wharton Title: Contract Manager Street Address or P.O. Box, 4655 at American Parkway City, State, Zip: Santa Clara, CA 95054-1233 Email Address: rwhart0n@a-v-aY-a-curry Phone Number: 919-425-8304 Aut ariZed _Resellers (N 75.20 KB) Yes http://www.dms.myflorida.r,orn/business erations/state asing/ -10of7 —op _purch vendor informatio... I 0/P1b@Q ICA I'll Qi DIMS Administrator Review: Page 381 of 728 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170441 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/26/16 SHIP TO: TO: SUPREME MARINE INC City of Boynton each 2981 RAVENSWOOD RD POLICE DEPARTMENT FT LAUDERDALE, FL 33312 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1.00 EA 300XL 14905.0000 14905.00 VENDOR ITEM NO.- 300XL 2 1.00 EA 300CXL 15207.0000 15207.00 VENDOR ITEM; 3 1.00 EA TIE 625.0000 625.00 4 1.00 EA INSTAIxLATION ON kk MOTORS &:-' X000.0000 4000.00 :R* 5 10000.00 -EA T.RAD--3:JN :3:0 b o: vERA-D '�:ENGINES -7.. 1 "0000 10000.00- PROCUREMENT SERVIICES° 0, TO'TAIL: 24737', 00 ACCOUNT NO. PROJECT 001-2110-521.64-02 PURCHASING Page 382 of 728 0 e PU 10 Cl H GS H F3 H 0 z H H H x M yj hu H rn 3 r H l7F IP W N F-' Hi r s ! N H @ Fs O # O W rP °W7 O O 0% 8+} W W O O to O0 O -a O O r ws U 0 O O O O a O O I n O O O VI & W N 09 rnnED 00 vd d 1-3 fi OH O Oat' O Hz I H H I H W FCH $� O... ... y O 00 00 00 00 ® O 0 � O /N fR® U1® CtS• (per [q"' 00 .. 0 .. 0 000 O 00 O!- ORI 0- im O s WH w Iwo 8 w M14 WE ORy OW d tjHH U d 09 HZ Hz HzH 117La to to �� w La M La N NCi 0 ' b N O d d H O w r& cs gy o 1� O O O O O I t+i H En H H 0 Ul O M h? O N O b O Ln d }j O O O O [7 C O O O O O O I W 1 � (] O 1 t4 .3 O 1 W O fn 1 HH ® F3 10 F -I y 1 H I Fy H 1 1 b rn 1 0 N I H I O 1 I 1 1 R5 1 I 1 1 I 1 t� 1 1 I 1 I I I 1 vi tij 1 I b I In 1 1 I � G >O 1 i0 O �w 1 O010 F3� H010 q O 1 w3cam H h4 C N �O I I OY 1 lD •• 1 I 03 H O F' I 0 O 1 b C) lD 1%d O O r Vj In I t'J H J ori H 0% O 1 Q O O 1 WH Co I 1.3 Fq 1 H 1 1 1 N 1 H � I O 1 1 UJ O 1 F3 d 1 I I I 1 I I 1 1 pj I I H I W I O 1 [� 1 w C 1 0 IC 1 1 � I I I I N W I N 4 I \ \ I W N I M U1 N 1 1 }t W I � � Page 383 of 728 rP ® 41 UI 7 O O (1 bi W O O N I3 UI 7 O I) O O m O O O O O I W 1 � (] O 1 t4 .3 O 1 W O fn 1 HH ® F3 10 F -I y 1 H I Fy H 1 1 b rn 1 0 N I H I O 1 I 1 1 R5 1 I 1 1 I 1 t� 1 1 I 1 I I I 1 vi tij 1 I b I In 1 1 I � G >O 1 i0 O �w 1 O010 F3� H010 q O 1 w3cam H h4 C N �O I I OY 1 lD •• 1 I 03 H O F' I 0 O 1 b C) lD 1%d O O r Vj In I t'J H J ori H 0% O 1 Q O O 1 WH Co I 1.3 Fq 1 H 1 1 1 N 1 H � I O 1 1 UJ O 1 F3 d 1 I I I 1 I I 1 1 pj I I H I W I O 1 [� 1 w C 1 0 IC 1 1 � I I I I N W I N 4 I \ \ I W N I M U1 N 1 1 }t W I � � Page 383 of 728 � 384 of 728 Date: 10/25/2016 17IN1111111190-AM ,Explanation for Purchase: is for the purchase of two new marine engines for our marine unit's watercraft. Their current ;engines need major service (approximately $9,000.00, out of warranty) and by purchasing new engines we will not be required to make this repair. In addition, the new motors come with a three year warranty which will reduce future maintenance costs. IRecommended Vendor Supreme Marine, Inc nt of Purchase 24,737.00 Source for Purchase (check and attach backup materials): Three Written Quotations r ------ State Contract I PRIDE/RESPECT r -------- I SNAPS Sole Source Piggy -Back Budgeted Item r Emergency Purchase L ---J Other L --J Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: lap.Q Page 385 of 728 Anthony Magnanti, TO.' Captain, FROK Unifonn So -vices Division REP Marine One Engines DATE: Page 386 of 728 61HEMUMEM113 I Name /Address I Police Department City of Boynton Beach 1-1;b-T-wb PO Box 310 Boynton Beack FIL 33435 Fim I Project I I Description I Qty I Cost I Total I 300XL 300CXL Tie Bar Kit Remove 300 Verado Engines And Tie Bar Kit Install New 300 Verados. Now Tie Bar Kit Program Engines, Run on Hose For Proper Operation Trade In 300 Verado Engines 14,905.001 14,905.00 15,207.00 15,207.00 625.00 625.00 4,000.00 4,000.00 10,000.00 -10,000.00 Total $24,737.00 Customer Signature Page 387 of 728 Bill To : 69140 Ship To: Boynton Beach Police Department Boynton Beach Police Department 222 WE 9th Ave 222 NE 9th Ave Boynton Beach, FL 33435 Boynton Beach, FL 33435 United States United States 'Number -------- Date L Customer PO Line Item Pe nest Payment Terms 60 Net I 130OV23LD - 300XL 13 -SEP -16 B 2 1300V24LD - 13 -SEP -16 300CXL B Page., I of Quote Number: 7438009 QuoteDate. 13 -SEP -16 Salesperson: Stommel, Kr'sty A Expiration Date: 31 -OCT -16 Currency: USD Weight Volume Qty Ord Tinit SellingPdce Exten&dPrice (LBS) (FT3) J Each 14,905.00 14,905.00 956 78.94 1 Each 15,207.00 15,207.00 951 78.94 Quote Total 30,112.00 Weight: (LBS) 1907 Volume: (FT3) 157.88 Please sign this page to confirm that you are in agreement with the price above. Chent signat trve Prices and approximate shipping expenses are subject to change and actual prices and charges will be invoiced at date of shipment. Since freight, insurance, forwarder and other fees are estimates, it is preferrable that Letters of Credit be opened for total value amount, plus transportation as indicated above. Please allow transshipment and partial shipments, as some of the merchandise may be backordered. Establish validity of credit for as long as possible, with a minimum of 90 days. All banking charges incurred in or outside the U.S. are for the applicants a/c. If you have any questions in regards to this order acknowledgement please contact your Mercury Sales Representative Page 388 of 728 Mercury in Iƒ% Marine Jaco's Marine MERCURYENGINES RIGGINGFREE ERSTHRU „ OEM One -day d » «< d d ){\ \ 3 ). y (io n ,« available / \ / \d po ; «d t - ment Come and le engine £ »f@+ and ran cor \ect,y d\dd ifle Mercury Technicians! W <«(2sS 9,: \ya«u^«warranty «»d regardless \C«� \d:i the v„ ?»(\/ 1 %2:/ \�§2°\ w2:a: ^» d� models in stock 11. #f?(M Y\ff# \? listed 1st «f2(M AX listed 2nd VERA##listed 3rd fSTROKES listed 4th RACING ?ltd 51 MERCURYOPTIMAX httr):Hiacosmarine.com/mercurv-eneine-t)riciniz/ Plp$&7gf728 Mercury Engines I Jaco's Marine VER4D0 4 STROKES Page 3 of 7 ENGINE PRICE ENGINE PRICE ENGINE PRICE 200 L $13,320 200 XL $13,460 200 CXL $13,860 2001 25FF 25" 200 L $14,375 200 XL PRO 25" $14,550 225 L $16,195 PRO 20" 4.8"4.8" 1.85 4.8" 1:85 20r' 225 XL $16,300 225 CXL $16,780 225 XXL $16,560 4.8" 1:85 5.44"5.44"1:85 25FF 25FF 301F 225 CXXL $17,025 250 L $16,965 250 XL PRO 25" $17,070 5.44" 1:85 PRO 20" 4.8" L85 30FE 4.8" 1:85 250 XL $16,870 250 CXL $17,515 250 XXL $17,300 P. L-85 5.44"1:85 5.44" 1:85 25## q vp 250 CXXL $17,760 300 L $18,500 300 XL PRO 25F' $18,675 5.44" 1:85 PRO 20" 4.8" 1:75 301F 4.8" 1:75 300 L $18,680 300 CL $19235 , 300 XL $18,67 5 5.44"1.-85 5.44" 1:85 5.44" 1:85 20" 20FF 25ry CXL $19,055 300 XXL $18,820 300 CXXL $19,185 5.44"��1:855.44" =300 1:85 5.44" 1:85 250- 30" 30mp 350 L $21,235 350 CL $21,795 350 XL $21,235 5.44" 1:75 &44" 1:75 5.44" 1:75 20#p 20pe 25" 350 CXL $21,610 350 XXL $21,380 350 CXXL $21,750 5.44" 1:75 5.44" 1:75 5A4'F 1:75 250- 30" 30tr httn-//iFienqmaTine.com/mt-reiirv-enuine-nricincr/ P, RA�A�Yepf 728 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 17045t BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/31/16 CHAMPION SOLUTIONS GROUP 791 PARK OF COMMERCE BLVD BOCA RATON, FL 33487 SAIP TO: City of Boynton Beach ITS DEPARTMENT 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UO M ITEM NO. AND DESCRIPTION UNIT COST COST 1 1.00 RA PRODUCTION SUPPORT/SUBSCRIPTION 1450.0000 VMWARE VCENTER SER Server 6 Standa ' rd for vSlDhere 6 (Per InstanCg).::'f' 1 vear. Insmt-.a-k&-; 2 1. 00 EA kyj NOW= =6110pm 6 4, 00 EA PRODUCT I bN--:''j5UP PORT -/:... C: C-.R.I.'P-T- 10—N 55,0000 VMWARE VSPHEJtE;.".�t Enterprise Plus. for '3 proc�ssox for 1 year. Instance #; 165418337 VENDOR ITEM NO.- VSG-EPL-P-SSS-C PROCUREMENT SERVICES� • 311V I P.O. TOTAL NE&I419-0101 kimlWOU m,TZ01wort, WIM41111M PURCHASING Page 391 of 728 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170459 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/31/16 VENDOR 7212 SHIP TO: TO: CHAMPION SOLUTIONS GROUP City of Boynton each 791 PARK OF COMMERCE BLVD ITS DEPARTMENT BOCA RATON, FL 33487 100 E BO TON REACH BLVD BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 7 1.00 EA PRODUCTION SUPPORT COVERAGE U.S FEDERAL VMWARE vS here 6 '�-::Plug .. Kit for 3 =ts (Max. Processor..:.. - C PROCUREMENT SEWCES� mZ01:41JOROW19 1080.0000 P.O. TOTAL: qlaqs� PURCHASING Page 392 of 728 CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170459 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/31/16 VENDOR 7212 SHIP TO: TO: CHAMPION SOLUTIONS GROUP City of Boynton Beach 791 PARK OF COMMERCE BLVD ITS DEPARTMENT BO CA RATON, FL 33487 100 E BON BEACH BLVD BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ACCOUNTING INFORMATION ONLY DO NOT SEND THIS PAGE TO THE VENDOR* -------------------------wk..,, :'REO.BSI Y REO /ACCT DATE ...:: PROJECT AMOUNT PROCUREMENT SERVICES, ACCOUNT NO. PROJECT one PURCHASING Page 393 of 728 C H s Ch Ln eke- W N N µ & H w H H H m 0 0 0 0 O 0 0 0 0 0 0 O ID !3 0 0 0 O O 0 0 0 0 O 0 0 r� F O FJ W W 01 tP tS" hs r} t4 UI in I >J 00 0 O b O 6 0 0 6 ea 0 CD 0 0 a®H I I 1 I Zr 1 I WH U3 i H I I ro W I I b O 1 1 I 23 H I H O H I 1 ro H I 1F3 0 I I H H z I 1 O H 1 1 Z O I I I I H H I I H H I t CD In I I 1 I 1 I 1 I I I I I 1 I 1 I I I I I I I 1 1 1 I I I 1 I 1 I I 1 I 1 I I 1 1 1 1 1 1 I I CD po Lo to 1 I G nl I I I fA n I zw 1 I w [c] Di H I 1 G z F3 p m 7a I 1Vd0 0 i i G w C 'ria O I I xN I I H Q+ I I � 1 1 n G 0 f I m 0 fJ I I (f5 O n 0 H 1 ro PO 0 1 ! 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C) OM � M 0 0 C> C) d O d I W C> C) C) 0 0 d 0 0 1 F-3 ci DU Ln 0 0 ED n 0 1 VJ � 0 U-4 0 u3 ro b ro I'd (a L0 W t,hd 0 t r r t-1 I'd G) 10 ro x1 td l�1 W U3 to 0 I IU W Lel U3 ED M P -I I C) rn T M i tzj N In I Page 39,Tof 728 �Wware Support & Subscription Annual Renewal. The VMware software allows computer servera ',to run "virtually" as applications within the memory and processor space of larger, shared server lihardware. rely heavily on the VMware software given that it 'h provide,almost all of our file-, print-, and application -servers, which 'day basis to internal well as external customers ' our internet connections. Recommended Vendor Champion Solutions Group Dollar Arnount of Purchase 10,640 Source r Purchase (check and aftach backup materials): Three Written Quotations ILI GSA State Contract PRIDEMESPECT SNAPS Sole Source Piggy -Sack Budgeted Item Emergency Purchase Other Contract Number. NOTE: Pricing proposal for purchase must be presented in the some detail contained within the contract. Fund Source r i001-1510-513-46.91is am 16-46.91 Utilities -$+N&.-GO Page 396 of 728 John McNally StartlEnd Dates: 1110112016-10131/2017 Quote is Valid through 11/15/16 October 28, 2016 Qty Part 0 Item Description I - Renewal Onto Discounted unit Price Extended Price VCS6-STD-P-SSS- Production Support/Subscription Vre vCenter Server 6 1 Standard for vSphere 6 (Per Instance) for 1 year 11/01/16 - 10/31117 $1,450.00 $ 1,450.00 C Instance it: 154741689 VCS6-STD'rp-SSS- Production Support/Subscription VMware vCenter Server 6 1 n ) r I r Standard for vSphere 6 (Per Instacefoyea 11101116 - 10131117 $1,450.00 $ 1,4%00 C Instance #: 154741693 Production Support/Subscription VMware vSphere 6 Enterprise 2 VS6-EPL-P-SSS-C Plus for I processor for 1 year 11/01116 -10131117 $845.00 $ 1,690.00 Instance M 155106286 Production Support/Subscription VMware vSphere 6 Enterprise 4 VS6-EPL-P-SSS-C Plus for I processor for 1 year 11/01116 -10131117 $845.00 $ 3,380.00 Instance #: 155106291 Production Support/Subscription VMware vSphere 6 Enterprise 2 VS6-EPL-P-SSS-C Plus for I processor for 11 year 01108117 - 10/31117 $685.00 $ 1,370.00 Instance #: 156331325 Production SupporVSubsrription VMware vSphere 6 Enterprise 4 VS6-EPL-P-SSS�-C Plus for I processor for 1 year 1 010811 - 10131/17 $55.00 $ 220.00 Instance #: 165418337 Production Support Coverage 1 VS6-ESP-KIT-P- U.S. Federal VMware vSphere 6 Essentials Plus Kit 11/01/16 - 10131117 $1,080-00 $ 1,080.00 SSS -C for 3 hosts (Max 2 processors per host) Instance #: 156184192 TOTAL $ 10,640.00 Applicable Sales Tax Not Included Champion Solutions Group has prepared this quote for you exclusively and it is considered to be confidential information. This document may not of its contents. Please Note. The above stated Pricing is contingent upon Quanties as Quoted. Any changes to the Quote or Quantities may affect Pricing. Sales Agreement This agreement is made by and between Champion Solutions Group (Seller) a Delaware corporation having its principal offices at: 791 Park of Commerce Blvd. #200, Boca Raton, FL 33487. 1. EQUIPMENT. Seller hereby agrees to sell and purchaser agrees to purchase from seller the above described data processing equipment, services and software. 2. TITLE. TMe, is between the seller and purchaser, shall remain with seller until the purchaser has paid the purchase price and all other incidental charges to this sale. 3. Purchaser shall execute and/or seller may file UCC Financing statements as the seller shall determine are needed to protect interests. Balance due upon invoice (Net 30). Shipping to be paid by customer. Software cannot be returned once it has been ordered. Customer Signature:— "rive: N ate: Sharline M. Aart Champion Solutions Group 791 Park of Commerce Blvd., Boca Raton, FIL 33487 Tel. 800-771-7000 Ext, 249 1 FAX #—R61 AH74tWL— Barry Kresfelder, Client Manager, 1-800-771-7000 Ext. 486 Page 397 of 728 PRICE QUOTATION carahsoft. CARAHSOFT TECHNOLOGY CORP '71!�I l.ril;f l ;51; i. i CA! TO: John McNally F Heather Bean Information Technology Services Manager Carahsoft Technology Corp. City of Boynton Beach 1860 Michael Faraday Drive 100 East Boynton Beach Blvd Suite 100 Boynton Beach, FL 33435 Reston, Virginia 20190 EMAIL, mcnallyjabbfl.us W (561) 742-6070 FAX: (561).742-6092 TERMS, FTIN:62-2189693 Shipping Point: FOB Destination Credit Cards: VISAIMasterCard/AMEX Remit To: Same as Above Payment Terms: Net 30 (On Approved Credit) Cage Code: 1 P3C5 DUNS No: 088365767 Sales Tax May Apply EMAIL: Heather.BeanecarahsofLcom P (703) 889-9857 FAX: (703) 871-8505 x 4 • flFi�`>rTi<t411t42X44 8754708 10/27/2016 10/31/2016 ESD $10,687.66 $10,687.66 1 VCS6-STD-P-SSS- Production Support/Subscription VMware $1,499.00 $1,454.03 OM 2 $2,908.06 C vCenter Server 6 Standard for vSphere 6 (Per Instance) for 1 year VMware Inc. - VCS6-STD-P-SSS-C Start Date: 11 /01/2016 End Date: 10/31/2017 2 VS6-EPL-P-SSS-C Production Supporl/Subsc ription VMware $874.00 $847.78 OM 6 $5,086.68 vSphere 6 Enterprise Plus for 1 processor for 1 year VMware Inc. - V86 -EPL -P -SSS -C Start Date: 11/01/2016 End Date: 10/31/2017 3 VS6-ESP-KIT-P- Production Support/Subscription VMware $1,124.00 $1,090.28 OM 1 $1,090.28 SSS -C vSphere 6 Essentials Plus Kit for 1 year VMware Inc. - VS6-ESP-KIT-P-SSS-C Start Date: 11/01)2016 End Date: 10/31/2017 4 VS6-EPL-P-SSS-C Production SupporUSub=lption VMware $711.18 $689.84 OM 2 $1,379.68 vSphere 6 Enterprise Plus for 1 processor for 1 year VMware Inc. - VS6-EPL-P-SSS-C Start Date: 01/0812017 End Date: 10 IWI7 5 VS6-EPL-P-SSS-C Production Support/Subscription VMware $57.47 $55.74 OM 4 $222.96 vSphere 6 Enterprise Plus for 1 processor for 1 year VMware Inc. - VS6-EPL-P-SSS-C Start Date: 10/08/2017 End Date: 10/31/2017 SUBTOTAL: $10,687.66 CONFiDENTIAL QUOTE DATE: 10/27/2016 PAGE 1 of 2 QUOTE NO: Pah-@*M8 of 728 carahsoft. PRICE QUOTATION CARAHSOFT TECHNOLOGY CORP tD,� fl4E v I k",( )ld C�b c 7 i L" (*1J, 6., %) P LINE NO. PART NO. DESCRIPTION LIST PRICE QUOTE PRICE QTY EXTENDED PRICE TOTAL PRICE: $10,687.66 TOTAL QUOTE, $10,687.66 CONFIDENTIAL QUOTE DATE: I0127/2016 QUOTE NO: ZDB CAGE 2of2 Page87 �99 of 728 Quote Number: 30409223-R:30SEP16 14:41:06 &CCOUTt Number: AccountName: CITY OF BOYNTON BEACH FLORIDA Address : 100 Boynton lBoynton 33435-3838 United States SuperUserName: Super I ProcurementContact: Procurement }wilsonj@bbfl.us Dear VMware Customer, This notice and quote is a courtesy reminder that your Support & Subscription (SnS) is set to expire soon or recently expired on 31 -OCT -2016. Don't miss out on receiving the latest updateslupgrades and the security of being able to contact VMware's Global Support Services Organization. If you are not the appropriate person within your company to manage this renewal, please send an email to let me know with whore I should be working. Please review the below product detail to ensure accuracy. Please pass this quotation onto your preferred reseller or a local VMware VIP Resler to assist you in purchasing this renewal. If you would like to co -term a number of licenses/contracts to one specific end date making future renewals an annual event please contact your VMware Support Sales Representative listed below. We ask that you consider a three year service extension for which we give the following discount: 3YR - 12%. If you choose to not renew your contract upon expiration, you will not be able to receive updates/upgrades or open a Support Request. If at a later time you decide to reinstate your SnS, the term will start the day after your previous contract expiration date and a 20% reinstatement fee will be applied on past due SnS and 1 year forward SnS. If you have already initiated payment of the below product(s) or are currently working with your local VIP partner, then please disregard this notice. We would like to take this opportunity to thank you for your continued business with VMware. If you require further information or assistance, please do not hesitate to send an email or call us. Sincerely, Bailey Brown VMware Support Sales Manager E: baileyb@vmware.com Note: This quotation is provided pursuant to the terms and conditions of the license agreement that you executed when you acquired your licenses. VMware, Inc. 3401 Hillview Ave, Palo Allo, CA, 93404. Tel: 1.877-486-9273 or 650-427-5000, Fax: 650-427-5001 Copyright® 2012 VMware, Inc. All rights reserved. VMware is a registered trademark of VMware, Inc. Page 400 of 728 A Yhk 4 C Cal; f•' �y L.. U � p O co 4m Go elk W O Li 49 L�5 0 m9 O 0 ffi9 4 �# LO U3 r ~U r U r U r U Q m Q m CD d w wm � O 2 0 0 o 0 2 a CR Z o o W lair } LU Q' m L Wj� Co t �t bm a1 UW m 9 m m CL a U! O O C O y r d a>u1 IL7w C d>a n.7a m O F r d LU w r C. 7 06- J 2 E LO V C 00 d d � �y L.. U � p O co 4m Go elk W O Li 49 L�5 0 m9 O 0 ffi9 4 �# LO U3 r ~U r U r U r U Q m Q m CD d w wm � O 2 0 0 o 0 2 a CR Z o o W lair U m AL Q' m L Wj� Ct �t bm a1 UW m 9 m m CL a U! O O C O y r 7 a>u1 IL7w C d>a n.7a E 46 U3 d. p VJ d 0. 1 1 W lair U m m a 0 0 Page 401 of 728 M, OD ra ry Ono IT op wa, ca 0 0 0 it CY Ic u W 01, LD COP_ L) E m v to 0 Go, -IL � am ayswe ate; a El w ca" IQD ua 0 m fa FL Elw N MLL=W= A- 0. > Z) w w 0- 1, 1 009 COO > IT M, M Page 403 of 728 6. K. CONSENTAGENDA 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on November 1, 2016. EXPLANATION OF REQUEST: The City Commission met on November 1, 2016 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Minutes REVIEWERS: Department City Clerk Reviewer Foyle, Judith Description 11-01-16 Action Approved Date 10/10/2016 - 6:06 PPA Page 404 of 728 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, NOVEMBER 1, 2016, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Mack McCray, Vice Mayor Jim Cherof, City Attorney Commissioner Justin Katz Judith A. Pyle, City Clerk Commissioner Christina Romelus ABSENT: Commissioner Joe Casello 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation Vice Mayor McCray offered the Invocation. Pledge of Allegiance to the Flag led by Commissioner Katz Commissioner Katz led the reciting of the Pledge of Allegiance to the Flag. ROLL CALL City Clerk Pyle called the roll. A quorum was present. Agenda Approval: Additions, Deletions, Corrections Commissioner Romelus pulled Consent Agenda Item 7.G. Mayor Grant pulled Consent agenda Item 7.B. Lori LaVerriere requested moving Consent Agenda Item 7.13. to the November 15th meeting. Mayor Grant wanted to discuss the item before tabling it as he would not be present on November 15th 2. Adoption Page 405 of 728 Meeting Minutes City Commission Boynton Beach, Florida Motion November 1, 2016 Vice Mayor McCray moved to approve as amended. Commissioner Katz seconded the motion. Vote The motion unanimously passed.. 2. OTHER Informational items by Members of the City Commission Commissioner Katz advised he attended the Pirate Fest on Saturday morning. All looked amazing and he thought it will be more amazing when the Town Square is developed. He attended the Community Caring Center Gala and met with Bradley Miller to discuss an item on the next agenda regarding a day care center. He met with representatives from the Florida Clothing Textile Recycling Program and Andre Parks, representing them from Sax Sax Caplan. He attended the Quantum Park Overlay District meeting and congratulated Colin Groff, Assistant City Manager - Public Services; Andrew Mack, Development Director; and Jeff Livergood, Director, Public Works on their elections to the Board. Vice Mayor McCray met with Bonnie Miskel regarding a project on Boynton Beach Boulevard and NW 4th Street. He announced the Souls to the Polls Rally on Saturday evening at St. John Missionary Baptist Church. The times will be posted. Souls to the Polls will also gather next Sunday also at St. John Missionary Baptist Church and will proceed north on Seacrest Boulevard to the Ezell Hester Community Center. This event is being sponsored by him and the Ministerial Alliance. He hoped to line up at the Church between 1:30 and 2 p.m. and he requested a Police Officer to march from the Church to the Ezell Hester Center. Once at the Center, individuals will have the opportunity to vote and those with children will have bounce houses and entertainment. On Sunday, he attended the Pirate Fest and thanked the Police Department for their security on Federal Highway and Seacrest Boulevard. He later attended a birthday party for Sonny Garcia and wished him a happy 69th birthday. He met with Commissioner Romelus at Fire Station No 5 regarding the Haitian Relief Fund and requested all do what they can to assist Haiti. He also attended the funeral for Deacon Edward Harris who he grew up with and advised the service was well attended. Mayor Grant advised he spoke with Freedom Shores third grade parents about what was occurring in Boynton Beach. On the 20th, he attended the Metropolitan Planning Organization meeting discussing the express lanes forthcoming in Palm Beach County in 2018/2019. They are also looking to increase Palm Tran ridership. He attended the Boynton Beach High School Homecoming. On the 21St, he attended the Chamber of Commerce Women's Business Forum, the Feeding South Florida Opening event and 2 Page 406 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 Music on the Rocks. On the 22nd and 23rd, he attended the Pirate Fest and led the parade. All involved with Pirate Fest, including City Departments, were amazing. He spoke to vendors who thought the event was a great free festival. They were looking forward to returning next year. On the 26th, he attended the League of Cities and Chamber Business After Hours event and the East Boynton Wildcats game. On the 27th he participated in Read for the Record at Freedom Shores Elementary School and at the Library. He announced this was a contest amongst municipalities held by the Literacy Coalition. Boynton Beach has won the contest for the last three years. He spoke at the Boynton Beach Women's Club and attended the Community Caring Center Magical Masquerade. On the 28`'" he travelled to Orlando to participate in the Legislative Policy Committee for Economic and Growth Management. Two items the Florida League of Cities will focus on are CRAs and impact fees. He spoke with Bonnie Miskel regarding Boynton Beach Boulevard and Ocean One. He attended the Bill Bingham Golf Tournament on the 29th and yesterday attended the Diwali and Annakut Festival in celebration of the Hindu New Year. He learned Boynton Beach hosts the South Florida BAPs. Earlier today, he attended the Quantum Park Overlay District meeting and voted on behalf of the City and the Children's Services Council. Commissioner Romelus attended the Griot Fest, which is the First Annual Haitian Food and Music Festival in Boca Raton. She attended a Forest Park Neighborhood Association meeting, attended and volunteered at the Pirate Fest. She met someone from Cape Canaveral who drove to the City for the Festival and she gave kudos to the CRA. She attended a farewell for Boynton Intracoastal Group (BIG) and Boynton Coalition for Responsible Development outgoing President Tom McClure. She attended the East Boynton Wildcats final home game and participated in Read for the Record reading to kindergarteners and first graders. She spoke at the Woman's Club luncheon, attended the Community Caring Center Gala and the Diwali and Annakut New Year event. Commissioner Romelus explained the Boynton Beach Police and Fire Chiefs, the City Manager and Vice Mayor McCray had a kick off and photo event advertising the collection of needed items and funds for the Haitian Relief effort. A group she and other elected officials founded are making this a joint effort with business, community and non-profit leaders. She is planning a trip to Haiti in December to personally deliver needed supplies. She wanted to ensure the faith in the community is upheld and will provide a progress report in the future. Vice Mayor McCray announced he went to Poinciana Elementary School to read, and the students had a hard time believing he went to school there years ago. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Police Chief Katz about the Department's Commission for Florida Law Enforcement (CFA) Accreditation as an Excelsior level. Assistant Police Chief Snow, announced on Wednesday October 26th, the City of Boynton Beach was recognized by the Commission for Florida Law Enforcement 3 Page 407 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 Accreditation as an Excelsior Level Agency. There are 387 law enforcement agencies in Florida. Of those, 158 departments are accredited, and from those, Boynton Beach is only one of 46 to receive the Excelsior level status. The Assessment Team reviewed every aspect of the Department operation from August 20, 2013, to August 20, 2016. The assessment team conducted a variety of audits and inspections to ensure the Department's actions are consistent with policy. The team described personnel as knowledgeable, courteous and engaged. They were especially impressed with several aspects of operations including their work with youth in the community, engagement efforts internally and externally, social media presence, branding and messaging, the selection process and police training officer program. Excelsior status can only be achieved based on two conditions: if the Agency demonstrates a commitment to the accreditation process for a minimum of five, three year cycles. The agency must also demonstrate excellence as it pertains to the manner it performs based on 237 individual benchmarks established by the Accreditation Commission. Assistant Chief Snow recognized Detective Chris Naulty, Accreditation Manager, for her organization and documenting compliance, input on policy development and her efforts to align the Department's policies enabling achievement of the designation. She thanked the 211 dedicated men and women of the Department who live the standards each day and she applauded their efforts. Vice Mayor McCray explained he was present the first time the Department received accreditation under Chief Gage and he thanked them. Commissioner Romelus appreciated the social media presence. Ms. LaVerriere thanked Detective Naulty. The responsibility for achieving the Department's high level of service was heavy throughout the process, but Detective Naulty handled it well and did a great job. B. Presentation by Recreation & Parks Director Wally Majors about the Department's National Re -Accreditation through the Commission for the Accreditation of Park and Recreation Agencies (CAPRA). Accreditation is a distinguished mark of excellence that affords external recognition of an organization's commitment to quality and improvement. Wally Majors, Recreation and Parks Director, explained he was very proud in 2006 to announce accreditation the first time and proud to be reaccredited a second time. It is a significant accomplishment and he is again very proud to be accredited the third time as it validates the Department operates consistent with national standards and desirable practices. The Department is a tax -supported agency and they are careful to earn every dollar and spend every dollar in the most appropriate way. The accomplishment identifies the Department as standing above other non -accredited agencies. There are over 10,000 public Parks and Recreation agencies in the United States and very few are able to meet the requirements. Nationwide, less than 3% of the agencies are 4 Page 408 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 accredited. Palm Beach County only has Boynton Beach and Wellington accredited, showing the Department is heads and shoulders above others. Mr. Majors explained there are 151 standards and the Department met all of the fundamental standards and 99% of the others. Of the three times they went through the accreditation process, this was their best score. Amy Blackmann, Recreation Superintendent, explained there are 10 categories of standards, which she reviewed. There are 10 to 20 standards in each of those categories, which involved coordination with several other departments and she was appreciative of the assistance rendered by the Police Department, ITS, Public Works, Risk Management and Human Resources. She also acknowledged the Recreation and Parks Department members who were present and acknowledged Sherri Claude, Recreation Administrator, with Mayor Grant presenting her with an award. Ms. LaVerriere explained Ms. Claude was integrally involved with the effort and has done an outstanding job. Mr. Majors announced the opening of Boynton Village Park and Dog Park at Renaissance Commons Boulevard behind Michaels on Saturday. The ribbon -cutting ceremony will commence at 4 p.m. and he invited all to "Yappy Hour" with their four legged friends. Vice Mayor McCray acknowledged Brent Rolle, Supervisor at the Senior Center. When the air conditioning at the Center went out, Mr. Rolle advised all of the situation and when it would be addressed. The individuals responsible for fixing it did so quickly. He also thanked Mr. Majors for putting the score board polls in at the Ezell Hester Center. There will be a ribbon cutting with Commissioner Casello as he and Commissioner Casello had championed the effort. He thanked staff on a job well done. C. Announce the annual reappointment of those advisory board seats with terms expiring in December 2016. The following boards will have openings: Arts Commission, Building Board of Adjustments and Appeals, Education and Youth Advisory Board, Firefighters Pension Trust Fund Board, Library Board, Planning and Development Board, Recreation and Parks Board and Senior Advisory Board. Information on the Boards and applications are available online or can be obtained from the City Clerk's office in City Hall or sent to the City Clerk at cityclerk@bbfl.us. All applicants must be registered voters in Palm Beach County. Page 409 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 D. Reminder that the general election is Tuesday, November 8, 2016, 7am - 7pm. Mayor Grant reminded all of the General Election and noted voting precinct information is on the voter registration card and it may have changed since the last election. E. City Hall will be closed on Veterans Day, Friday, November 11, 2016. Mayor Grant announced the closing of City Hall in observance of Veterans Day on November 11tH F. City Hall will be closed for the Thanksgiving holiday on Thursday, November 24 and Friday, November 25, 2016. Mayor Grant also announced City Hall will be closed in observance of Thanksgiving on November 24tH and 25tH 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) Mark Karageorge, 240A Main Boulevard, acknowledged three people who recently passed who were major contributors to the City and the County. He advised Jane Oliver, passed at age 93 and for over 20 years, volunteered teaching art and art history. Before there was the Art Center, she taught classes at the Civic Center until she was physically unable to teach anymore. She would often purchase art supplies for youth who could not afford supplies, resulting in some youth becoming artists and studying art in college. Brian Miller served the City on the Community Relations Board and the Planning and Development Board. Mr. Miller and Pastor Lance Chaney got cancer at the same time. When Pastor Chaney and his wife visited Mr. Miller while he was receiving treatment, it made his month. After Pastor Chaney passed, Woodrow Hay and his wife would visit and it made his month. They knew Mr. Miller was always motivated to do the right thing for the City which he loved. Mr. Miller held clean-up projects in the City, marched against drugs and violence, and cleaned the Heart of Boynton multiple times. He got the CRA to pay for trash cans on MLK, on the north end of Federal Highway and NE 12th and NW 10th. He commented any department head can attest to the good Mr. Miller did. Mr. Miller was a liaison for the High School and raised funds. He convinced the Chamber of Commerce to fund the trip to New York to appear on the Today Show and stay overnight to visit Ground Zero. He assisted Poinciana with clean-up, gardening and nutrition programs and Mr. Miller got vendors to contribute and do things at the school. n Page 410 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 Mr. Karageorge announced the City lost a legend in Deacon Dr. Edward Maurice Harris, who was recognized by the County Commission when he died for his contributions in education. He also served on the Parks and Recreation and Planning and Development Boards and he brought people to God. He loved God and his family and community. Two years ago, he had a stroke and had no motor skills except for his eyes. When someone visited, if he liked you, his eyes lit up, if not, he closed them. He spent 42 years in education, first as a math teacher, then assistant principal, principal and finally administrator. He impacted the lives of many students and commented the problem with education was discipline and prayer taken out of the schools. His retirement was well attended by superintendents, principals and members of the public. Deacon Ed gave people jobs, opportunities, and got Grammy Awarding Winning gospel groups to perform in Boynton Beach for free. He cared about everyone he met and he could communicate with anyone at any level. He announced these three people are a loss for the City. He asked the City Commission to continue to follow their great example. Denis Zabavchik, 2755 S Evergreen Circle, was grateful to speak on behalf of the parents of the Boynton Beach Blazer swim team. Both his kids were born and raised in Boynton Beach and he signed them up for paid swim lessons. When they were eligible, they joined the swim team. They recently found out the Densen Pool provides free lessons to anyone who wants to learn how to swim and he commented they will never know how many lives will be spared from drowning. He commented aside from safety, a swimming pool is a great way to have fun and expend energy in a healthy way. The children grow, and the Blazers set a great example with their achievements and records they set. Kids can make new friends, learn to respect each other, become great team players, leaders and learn that hard work pays off. Mr. Zabavchik explained the Blazers welcome new team members, but regardless of how low the program fee is, some people cannot afford it. He thought it would benefit the City to expand the program and provide scholarships to underprivileged youth. Swim team members take classes and become certified as lifeguards, become EMTs and other great professions. He acknowledged the Boynton Beach Blazer students, coaches and their achievement and wanted to know what the City would do to assist them. He thought the City should be proud of the team and continue to support them. Vice Mayor McCray concurred and advised he was taught how to swim at the Densen Pool by John Densen. He praised the program as he was a product of it. Victoria Lucas explained she has been on the swim team for seven years. The program helped her become one of the fastest swimmers and the team helped build her confidence. They train, make friends and the program is helping her strive to join the Olympic Swim Team. Julia Lucas advised she has been on- the swim team for seven years and it makes her more confident. The Blazers want to stand out and represent Boynton Beach. She advised the swimmers are scared because a strange man has been going around 7 Page 411 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 distracting the coaches and disturbing swim practices by yelling, screaming and using foul language. The swim team needs help and support to make sure the pool is safe. Kevin Lucas, 6654 Spring Garden Run, explained he has three children on the swim team and he lived in Boynton Beach for six years before moving to Lake Worth. Even though the price went up, they paid the non-resident fee. A man who comes by the pool using profanity came up to him. He asked why he was taking pictures of the kids and asked him to stop. The man used profanity and he smelled alcohol on his breath. He requested assistance. The coaches come out and tried to speak with him, but he just got louder. Mr. Lucas understood the man wanted the neighborhood youth to swim, but pointed out the swim team meets at 4:30 p.m. for an hour and a half so he did not know why he was disrupting swim practices. Deris Bardales, 712 NE 8th Avenue, explained his two kids are part of the swim team, and the City is doing a great job. He commented the Densen pool swim programs are important for community youth. It teaches youth to swim, become a member of the swim team, and it teaches leadership, confidence and how to compete. He commented the pool is open to everyone, rich or poor, regardless of race. The swim team members present stood and were recognized. He commented the program interacts with other programs and he hoped the members would one day become City Commissioners. He asked the City Commission to support the Blazers and the swim team that is open to anyone. They pay for classes, but was aware there are free grants for those that cannot afford the fees. Susan Oyer, 140 SE 27th Way, announced she loved the Pirate Fest and the City and CRA did an outstanding job. She noted HGTV aired its House Hunters episode that was filmed in Boynton Beach on Saturday night. There are two episodes that featured three different types of houses, and the episode showcased the Ocean Avenue Bridge, the Intracoastal, boating, dining, buildings and the Pirate Fest sign. She thanked Commissioner Romelus for serving as a Halloween judge for Seacrest Estates and was happy she accepted to serve as judge for the Hanukah and Christmas contest. Ms. Oyer was saddened to see the City using a less formal agenda format using Arabic numbers instead of roman numerals as contained in Roberts Rules of Order. She assumed it was done because individuals cannot remember roman numerals, which are used in other government documents, watches and clocks and other locations. She requested a formal style agenda be used. She left examples of formal meeting style agendas she obtained from the internet. Rashad Burns, 2851 Avenue H East, advised he worked at the Hester Center and was a camp participant from the age of 5 to 12; a junior counsellor from 13 to 19; and a paid staff member from 19 to 23. The City has greatly changed him. He lost his mother while in camp and he was glad he was in an environment where he could forget about those Page 412 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 things and he gave thanks to the Hester Center staff. Being a junior counsellor taught him he was an extension of the staff, to encourage and console youth, to be slow to anger instead of quick to react, and listen instead of talk. One of his most profound lessons as a paid staff member is learning what goes around, comes around. If it was not for the City dealing with youth, he would not have lasted. Staff taught him more than anyone, but youth taught him even more. Anitra Burgess, 504 NW 11TH Avenue, explained she is a parent that always brags about the Hester Center. The prior speaker was her son's counsellor and she praised him as her son is a whiner and Mr. Burns calms him down. Her daughter is 18 and she started at the Center in elementary school and is also a junior counsellor. The Center teaches leadership, guidance and structure. They have computers available and great aftercare programs. The Center is always open on time and in the evening and one can always call them if there is a problem picking a child up. She praised the Hester Center, staff and the youth. Juan Fernandez, 5181 Cedar Lake Road, explained he is a karate instructor at the Civic Center and there is a new program there which grew significantly. Marshall Arts teaches discipline and focus and they also teach sport karate. The school has programs for youth aged 5 to 13 and will be expanding in January. Mr. Fernandez explained the school is considered the best karate school north of Ft. Lauderdale. The South Florida Karate League uses the National Federation of Karate as the main regulator. His five year old students competed and brought medals home. The competition has pretty high standards and they made adjustments to accommodate more competitions. They were the only school that was accepted by South Karate League Winter Tournament. Stephanie Dieudionne, soon to be a homeowner in Boynton Beach, advised she is the mother of an eight year old who goes to karate at the Civic Center and she has seen dramatic changes in her son since he started. He had attended a competition and took home three medals. She sees a confidence in him and the karate team is like a family. Karate helped her son stay away from video and T.V. and she was looking forward to the extension of the program and thanked the City for it. Dawn Sandoval, 425 W. Ocean Avenue, explained her two daughters are taking karate and she has already seen a change. The program sparked a fire in them, they are more focused and they like the program more than any other activity they undertook. She thanked the City Commission for the program and hoped it would continue. Woodrow Hay, 427 NW 5tH Avenue, challenged the City Commission to take the National No Shave program over the next few days in recognition of prostate cancer. He noted the statistics are very high for prostate cancer in some cultures and he urged men to be checked. He commented if prostate cancer is caught early, it can be treated and one can go on to live a normal life. Mayor Grant accepted the challenge. M Page 413 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 Herb Suss, 1711 Woodfern Drive, noted a program by National Geographic called "Before the Floods." He suggested all on the City Commission view the video as it will open their eyes. The youth present today will grow up in a world with floods and more storms He emphasized one remedy to the issue is to vote next Tuesday, and remove the officials who do not believe in climate change. Mr. Suss hoped they increase the carbon tax as carbon going into the atmosphere is beyond the limits. Greenland is losing its ice. Norway, Sweden, and Denmark are completely using solar and wind and he asked why the U.S. could not do the same thing. He commented islands are disappearing and fracking causes earthquakes and impedes aquifers. He challenged the Commission to urge the Federal and State government to support climate change before the floods come. Lisa Browne Banic, 720 E. Ocean Avenue, a proud veteran, explained they held a Stand Down event on Saturday. She read a letter from Case Manager Specialist for Veterans Programs, Susan Thomas, Salvation Army Center of Hope on a fantastic event at the beach on Saturday. She commented the activities aid in the resolution of many mental health issues veterans face, such as PTSD, addiction, grief, depression and anxiety. She advised it was rare to see such excitement from the veterans. Ljubica Rom, 83 Sandpiper Way, commented the Blazers promote family, comradery, competition and confidence, and she announced three of the girls set a record which still stands from two years ago. She invited the City Commission to the next meeting at the YMCA located at 2424 Lyons Road, Coconut Creek, at 8 a.m., on November 19tH Minister Bernard Wright commented he was the strange man that went around the pool taking pictures as there were not many people in the pool. He was a diver and swimmer and is a community activist. He explained the problem was the neighborhood children did not get the hours they need. The neighborhood youth would swim in the morning, but they were being charged when years ago they were not. He commented the issue was resolved. Mr. Wright advised he does not drink, but he would get in anyone's face when there is a cause. Minister Wright had a letter sent to a friend of his who was arrested a week ago. The Police searched his truck and found four bags of marijuana for personal use. He also had $1,300 on him which the Police confiscated. He read an October 27th letter from the Police Department indicating $1,300 was seized and the City was seeking forfeiture of listed property and the $1,300, pursuant to Florida's Contraband Forfeiture Law. He commented the Contraband Act requires the money to have a nexus with criminal activity. He had another letter indicating the Police Department was willing to offer a 60/40 split of the seized currency as settlement to avoid any further administrative and legal costs. Rev. Wright explained the statute indicates only the courts can seize funds and the cited statute was not applicable to this situation. He commended the Boynton Beach Police Department, but questioned how the Police could build a dialogue with the residents when they are extorting people and why the Police would participate in a crime. He asserted it is corruption and wanted the Commission to look into the matter 10 Page 414 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 and give a response. He asked how long this was occurring and questioned how long it would continue to occur: Mayor Grant explained he should speak to the State Attorney. Piotr Blass, 113 W. Tara Lakes Drive, explained he was president of the Children's Rights Council in Florida and the conflicts around children must stop. He requested the Police Chief be asked to step in and stop any disturbances. When he was in Warsaw, he also went to the school he attended 60 years ago and saw wonderful youth. He suggested getting a Rabbi or Swami to give the invocation in the future. He also commented presidential candidate Jill Stein was one of his students in his Harvard calculus class and he was also an independent write-in candidate. No one else coming forward, Public Comments was closed 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Regs and 1 Alt Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Recreation & Parks Bd: 1 Reg Senior Advisory Board: 2 Alts Motion Vice Mayor McCray moved to appoint Andrew Podray to the Building Board of Adjustments and Appeals. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Motion Commissioner Katz moved to appoint Daniel Shapiro to the Recreation and Parks Advisory Board. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 11 Page 415 of 728 Meeting Minutes City Commission Boynton Beach, Florida 6. CONSENT AGENDA November 1, 2016 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. R16-141 - Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of $18,256.44 for the continued maintenance and repair of the City's radio telecommunications systems as a sole source vendor and authorize the City Manager to sign the agreement. B. PROPOSED RESOLUTION NO. R16-142 - Authorize the City Manager to sign all documents associated with the Florida Department of Transportation (FDOT) grant in the amount of $40,000 for DUI enforcement. Assistant Chief Snow explained the overtime funds were used on saturation patrols for DUI enforcement and for educational components within City schools. Mayor Grant asked if any of the fatalities that occurred since he was elected were a result of a DUI;, Assistant Chief Snow did not know. Vice Mayor McCray noted there was a fatality in District II the other day where a woman and her daughter were killed. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R16-143 - Authorize the City Manager to sign a four (4) year agreement with Tanner Industries Inc. of Southampton, PA for the lease of one (1) 1,000 gallon anhydrous ammonia storage tank at an estimated annual expenditure of $100 per month ($1,200 per year). D. Approve Amendment 2 to Task Order #U -1A-01 with Globaltech, Inc. in the amount of $83,669 for additional construction management services for the Raw Water Main - Section C project. E. Accept the written report to the Commission for purchases over $10,000 for the month of September 2016. 12 Page 416 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 F. Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for November 1, 2016 - "Request for Extensions and/or Piggybacks". G. Approve a $5,000 donation to GBDC Entrepreneurship Institute to support the Juvenile Detention Alternatives Initiative (JDAI) program from the Federal Forfeiture Law Enforcement Trust Fund. Assistant Chief Snow explained the GBDC program is an entrepreneurial program for those aged 9 to 21. There are four different programs with a focus on entrepreneurial engagement in the community to reduce school drop-out rates and crime. Motion Commissioner Romelus moved to approve. Vice Mayor McCray seconded the motion, Vote The motion unanimously passed. H. Approve a price increase for two items from the City of Boynton Beach and City of Delray Beach Joint Bid for the "Annual Supply of Medical Supplies and Medications"; Bid No. 044-2210-16/JMA. I. Approve award of the bid for "Printing and Mailing Services", Bid No. 077- 1210-16/JMA to Graphic Authority Corporation of Coral Gables, FL for the printing and mailing of the City of Boynton Beach 2017 Calendar and FY16 Annual Report. Estimated costs of printing and mailing services is $22,500, estimated costs of postage is $11,000. J. Approve the minutes from the Regular City Commission meeting held on October 18, 2016 and the minutes from the Special City Commission meetings held on October 10, 2016 and October 18, 2016. 13 Page 417 of 728 Meeting Minutes City Commission Boynton Beach, Florida Motion Commissioner Katz moved to approve the Consent Agenda seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 November 1, 2016 Vice Mayor McCray A. PROPOSED RESOLUTION NO. R16-144 - Authorize the City Manager to sign Task Order U -2C-03 with Carollo Engineers for GIS work in connection with the Utilities Management Optimization Project with a not to exceed amount of $139,700. This is in accordance with the approval of RFQ 017-2821-14/DJL, General Consulting Services, Scope C as approved by the City Commission on July 1, 2014. Vice Mayor McCray requested further information on this item. Colin Groff, Assistant City Manager - Public Services, explained this is a task order to continue to update utility maps to reflect accurate locations of all utility lines. It is a central service for Utilities to have updated maps. The project was started in 2014. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. B. Award the Bid for the "Replacement of the Roof and HVAC System for the Pistol Range to Al Property Services Group of Miami, FL as the most responsive, responsible bidder for the submitted bid amount of $167,307. Staff is requesting a 10% contingency of $16,730 for a total approved amount of $184,037. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 14 Page 418 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 10. CITY MANAGER'S REPORT A. Authorize increasing the annual expenditure for the "Re -Bid for Pre Chlorinated Pipe Bursting of Potable Water Mains", Bid No. 036-2821-16/TP, for a two (2) year period from an annual amount of $400,000. to $1,000,000. This is purchased on an "As Needed Basis". Tim Howard, Assistant City Manager - Administrative Services, explained in May, the City opened a bid for pre-clorinated pipe bursting for potable water mains, which was awarded by the Commission. There was an estimated annual expenditure for $400,000 that Utilities would be using for different projects. Since then, the Capital Improvement Program was approved and after reviewing the projects pending for the next few years, it is anticipated they will spend about $1 million on an as -needed basis. The item was on the agenda to alert the City Commission the expenditure would be about $400K over the original estimate. When they finalized the projects and what is coming up now, the value will go up. It will not affect the General Fund. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Vice Mayor McCray was asked when the barricades on Woolbright Road will be taken down. Mr. Groff explained the contract was delayed 90 days. The Department finished testing the pipe and restoration would start late this week or Monday and last five weeks. The mess today on Woolbright Road was because the Department had to install valves in the road which would be finished and re -opened tomorrow. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R16-145 - Approve and ratify the reopened and amended Articles: Wages, Insurance, and Pension of the Collective Bargaining Agreement between SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit and the City and authorizing the City Manager to sign the Addendum to the Collective Bargaining Agreement. Attorney Cherof explained the next few items are ratifications of collective bargaining agreements which Julie Oldbury negotiated on behalf of the City Manager and City Commission. They items could be address in one motion. 15 Page 419 of 728 Meeting Minutes City Commission Boynton Beach, Florida Motion November 1, 2016 Commissioner Romelus moved to approve all items. Vice Mayor McCray seconded the motion. Mayor Grant announced Resolution No.'s R16-145 through to and including R16-149 would be approved. Vote The motion unanimously passed. Vice Mayor McCray thanked staff as it was not an easy item. PROPOSED RESOLUTION NO. R16-146 - Approve and ratify the reopened and amended Articles: Wages, Insurance, and Pension of the Collective Bargaining Agreement between SEIU Florida Public Services Union, CTW, CLC - White Collar Unit and the City and authorizing the City Manager to sign the Addendum to the Collective Bargaining Agreement. B. PROPOSED RESOLUTION NO. R16-147 - Approve and ratify the Collective Bargaining .Agreement between the Palm Beach County Police Benevolent Association Police Officers and Detectives and the City. PROPOSED RESOLUTION NO. R16-148 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Sergeants and the City. PROPOSED RESOLUTION NO. R16-149 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Lieutenants and the City. B. Commissioner Casello has requested to discuss the possibility of a referendum for the March 2017 election changing the provision for a candidate to be elected from 50% plus one rule. Mayor Grant noted Commissioner Casello had wanted to discuss this item. The required change would need to be on the March ballot for the City, but this election cycle did not require the entire City's vote and it would be an additional cost to make this ballot initiative available for the entire City. Mayor Grant opposed it because with the 50% plus one rue there was a majority of residents voting for an elected official. He did not want it on this year's ballot and favored seeing if there would be any items for the 2019 ballot along with any other changes to the Charter. He did not want to see only one item for this election cycle which would affect the next election cycle. Vice 16 Page 420 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 Mayor McCray did not want one for 2017. It is a City-wide issue and all need to voice their opinion. David Katz, 67 Midwood Lane, explained the last time the Charter was changed was in the 2013 municipal election and advised he served on the Charter Review Committee. The Committee discussed the item and requested changing the 35% rule to the 50% plus 1 which the Commission and voters approved. There were three other items also placed on the ballot that were also approved. He did not think it should be placed on the ballot at any time as it was previously approved by the voters. In 1995 it was changed to 35% because with run offs, anyone who received at least 35%, they had won the election. The idea behind bringing it back on the ballot was with a run-off, 65% of the people did not vote for the person. They thought no matter what the cost for the run-off, it was more important to protect the rights of the 65%. He wanted to keep the status quo. Herb Suss, 1711 Woodfern Drive, thought the City could spend the extra money for the 50% plus 1 on other items and whoever wins, would win. He felt the same way with federal elections as the electoral college is obsolete. He favored eliminating obsolete methods. He did not favor spending the funds to re-evaluate the 50% plus 1 and favored elections returning to the majority of the will of the people. Commissioner Katz did not know what Commissioner Casello's position was and favored tabling it to the next meeting to allow him to talk about it. Mayor Grant commented if tabled to December, it is unlikely to make it to the ballot. Ms. LaVerriere advised the language could be submitted until the end of the first week in February. It can be discussed in December, and an Ordinance adopted in January. Motion Commissioner Katz moved to table the item to the first meeting in December. Commissioner Romelus seconded the motion. Vote The motion unanimously passed.. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None B. Pending Items 1. City Services Survey for the CRA C. New Assignments -- None 17 Page 421 of 728 Meeting Minutes City Commission Boynton Beach, Florida 14. LEGAL November 1, 2016 A. PROPOSED RESOLUTION NO. R16-150 - Approve the issuance of a "Notice of Intent" (NOI #2016-01) to adopt pending amendments to the City's Land Development Regulations (LDR) related to the siting and installation of wireless communication facilities (WCF) located within rights-of-way in the City limits. Attorney Cherof read proposed Resolution No. R16-150, approval of issuing of a Notice of Intent, which is the start of a process for a moratorium to allow staff time to study wireless communication facilities in rights -of -ways in the City limits. The City anticipated requests coming in for construction of these types of facilities which are small towers. Staff has not had the opportunity to evaluate this on a City-wide basis. This would return to the City Commission for more detail and public hearing. He requested approval of the Resolution. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R16-136 - Approve the Declaration of Restrictive Covenant for the project known as STOR-ALL LUXURY RV AND BOAT STORAGE to be recorded with the property. (TABLED ON October 4, 2096) Motion Vice Mayor McCray moved to remove from the table. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Attorney Cherof explained this was a prior item regarding a restrictive covenant with a previous approval of the Store -All Luxury RV and Boat Storage site plan. It was tabled regarding a dispute on some of the language in the declaration of restrictive covenants. He and staff reviewed the application, the documents of the quasi-judicial proceeding before the City Commission, and the proceedings and notes from when the Planning and Development Board reviewed the item. The revised declaration of restrictive 18 Page 422 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 covenants is consistent with the site plan approval and Conditions of Approval. He requested the City Commission approve Resolution R16-136. Vice Mayor McCray asked if this was discussed with counsel for the applicant and learned a draft was sent to Attorney Marty Perry representing Stor-All. It was acceptable to them. Motion Vice Mayor McCray moved to approve. Mayor Grant commented this pertained to the City Commission condition that the developer shall submit a restrictive covenant for review by staff and approval by the City Commission that limits the principal use of the property to the storage of luxury Class -A recreational vehicles and motor boats on trailers and limits accessory uses to other uses depicted on the approved site plan. He commented the issue is if they approve the other classes. Attorney Cherof explained it would approve class A, B and C. The application did not restrict the application to class A. The classifications of Classes A, B and C are not provisions of City Code or State Statute as they are a manufacturing classification. Class A is the large bus -style motor homes. Class B would be a conversion van and Class C vehicles are on a different chassis and are more traditional that most people have. Mayor Grant asked if all the other conditions applied, and learned they did, but the right of adjacent property owners to enforce the restrictive covenant was removed as there is no- basis in law to allow adjacent property owners to do so. The restrictive covenants are enforced by the City. Adjacent property owners observing a violation would notify City staff who would put the property owner on notice. If there was no resolution, it would come to the City Commission for authorization to enforce the restrictive covenant through court action. There would be a mandatory injunction and the City could revoke the license. Commissioner Katz was caught off guard as he thought Stor-All was catering to a certain level of clientele that would restrict undesirable vehicles from the area. Through negotiations with the City Attorney, a stipulation was added that no vehicle other than boats could be towed and stored there such as trailer hitch pop ups were permitted. This item vetted many of his concerns. Vote Commissioner Katz seconded the motion that passed 3-1 (Commissioner Romelus dissenting as she opposed the project.) 15. FUTURE AGENDA ITEMS A. City Commission to review Legislative Priority List for upcoming Legislative Session - January 17, 2017. 19 Page 423 of 728 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 B. Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3.D.) to allow medical offices as accessory uses to a residential development. C. PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State -Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. December 6, 2016 D. Monthly Departmental Presentations: Human Resources/Risk Management - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 E. Update and direction on the City's workforce housing ordinance; Chapter 1, Article V, Section 2, Workforce Housing Program - November 15, 2016 F. Interlocal Agreement with CRA for Community Standards Outreach position - November 15, 2016. G. The Brass Tap (COUS 16-006) — Approve request for Conditional Use for a Bar & Nightclub to allow liquor sales at an existing restaurant, located at 950 N. Congress Avenue, Suite J-100, in the Boynton Village & Town Center development, in the Suburban Mixed Use (SMU) zoning district. (Conditional Use approval is required in connection with the request for approval to sell liquor. The sale of liquor is projected to increase revenues from the sale of alcohol to over 51% of total sales, which changes the use from a "Restaurant" to a "Bar & Nightclub" use.) Applicant: Matthew Baum, Craftmade Boynton, LLC dba The Brass Tap. - 11/15/16 H. Smart Starts Day Care (COUS 16-003/MSPM 16-006) — Approve request for Conditional Use approval associated with a request for Major Site Plan Modification approval for conversion of a 13,640 square foot office building to a day care facility and related site improvements, located at 3452 W. Boynton Beach Boulevard, in the C-1 (Office Professional) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. - 11/15/16 Page 424 of 728 Meeting Minutes City Commission Boynton Beach, Florida 16. ADJOURNMENT November 1, 2016 Vice Mayor McCray and Commissioner Katz moved to adjourn 8:13 p.m. ATTEST Judith A. Pyle, CMC City Clerk Catherine Cherry Minutes Specialist 21 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 425 of 728 7.A. BIDS AND PURCHASES OVER $100,000 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-155 - Authorize the City Manager to sign a contract with Johnson -Davis, Inc. for the North and South Roads Stormwater and Water Main Improvements project, Bid No. 035-2821-16/TP in the amount of $1,843,016 plus a 10% contingency of $184,301.60 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $2,027,317.60. EXPLANATION OF REQUEST: On August 30, 2016, bids were received for the North and South Roads Stormwater and Water Main Improvements project, Bid No. 035-2821-16/TP. Five (5) bids were received that ranged from $1,664,665.00 to $2,646,804, and the apparent low bidder was V Engineering & Consulting Corp. The City's consulting engineer, Mathews Consulting, reviewed the bids. During the initial review, Mathews Consulting discovered that V Engineering & Consulting Corp. did not complete the Project Experience section in the format requested by the City's Bid Documents. Mathews Consulting notified the City, and the City requested additional information from V Engineering & Consulting Corp. in order to fully evaluate their experience. Mathews Consulting evaluated the supplemental information provided by V Engineering & Consulting Corp. and contacted all references provided. Based on Mathews Consulting's review of all information submitted, V Engineering & Consulting Corp. does not meet the Project Experience required by the City's Bid Qualifications per Page I13-3 of the Instructions to Bidders, Section 8, which states "Bids shall only be considered from companies that have an established good reputation, related experience, and have completed five (5) projects of similar scope and size in the State of Florida." Mathews Consulting also reviewed the bid submitted by the second low bidder, Johnson -Davis, Inc. The City requested the same additional information that was previously requested from V Engineering & Consulting Corp. in order to fully evaluate Johnson -Davis, Inc.'s experience. Mathews Consulting evaluated the supplemental information provided by Johnson -Davis, Inc. and contacted all references provided. Based on their evaluation of all the information provided as well as the specific project experience qualifications criteria established in the Bid Documents, Mathews Consulting found that Johnson -Davis, Inc. is the lowest most responsive, responsible and qualified bidder. Mathews Consulting and City staff recommend award of the contract to Johnson -Davis, Inc. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project includes water main and stormwater improvements in the Harbor Estates neighborhood. The neighborhood borders the Intracoastal Waterway and is prone to water ponding and flooding during rain events. The project includes new potable water main piping, stormwater piping, five (5) stormwater outfalls, and roadway improvements that will result in reduced nuisance flooding and an improved level of service to the residents of the neighborhood. FISCAL IMPACT. Budgeted Funding is available in the Utilities CIP Fund, project STM032 ALTERNATIVES: Re -bid this project or do not proceed with this project at this time. Page 426 of 728 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Johnson -Davis, Inc. START DATE: END DATE: CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Resolution D Addendum D Contract D Addendum D Bid REVIEWERS: Department Reviewer Utilities Groff, Colin Finance Alibrandi, Julie Description Resolution awarding Contract and Authorizing City Manager to sign with Johnson -Davis, Inc, Engineer's Recommendation Letter Construciton Contract with Johnson Davis Bid Tabulation Johnson -Davis Bid Action Date Approved 11/7/2016 - 12:26 IIIA Approved 11/7/2016 - 2:57 IIIA Page 427 of 728 Finance Howard, Tim Approved Legal Swanson, Lynn Approved City Manager LaVerriere, Lori Approved 11/7/20]6-T PKA 11/9/20]6-T PKA 11/9/20]6-¢]5P9 Page 428 0 728 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH JOHNSON-DAVIS, INC., IN RESPONSE TO BID NO. 035- 2821-16/TP FOR THE NORTH AND SOUTH ROADS STORMWATER AND WATER MAIN IMPROVEMENTS PROJECT IN THE AMOUNT OF $1,843,016 PLUS A 10% CONTINGENCY OF $184,301.60 FOR A TOTAL EXPENDITURE OF $2,027,317.60; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 30, 2016, Procurement received and opened five (5) bids in response to Invitation to Bid #035-2821-16/TP "North and South Roads Stormwater and Water Main Improvements"; and WHEREAS, staff reviewed the bid proposals and it was determined that Johnson - Davis, Inc., was the lowest, most responsive, responsible bidder; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize the City Manager to sign a contract with Johnson - Davis, Inc., for Bid #035-2821-16/TP "North and South Roads Stormwater and Water Main Improvements" project in the amount of $1,843,016 plus a 10% contingency of $184,301.60 for a total expenditure of $2,027,317.60. 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. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\84B89CD2-C835-4AA9-88A1-ACD7862B71DC\Boynton Beach. 4434.1. Award Bid and Contract - Johnson Davis - Reso.doc -1- Page 429 of 728 30 Section 2. The City Commission of the City of Boynton Beach, Florida, 31 hereby approves the award and authorizes the City Manager to sign a Contract with 32 Johnson -Davis, Inc., for Bid #035-2821-16/TP "North and South Roads Stormwater and 33 Water Main Improvements" project in the amount of $1,843,016 plus a 10% contingency 34 of $184,301.60 for a total expenditure of $2,027,317.60, a copy of which is attached 35 hereto as Exhibit "A". 36 Section 3. That this Resolution shall become effective immediately. 37 PASSED AND ADOPTED this day of , 2016. 38 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 42 43 Mayor — Steven B. Grant 44 45 Vice Mayor — Mack McCray 46 47 Commissioner — Justin Katz 48 49 Commissioner — Christina L. Romelus 50 51 Commissioner — Joe Casello 52 53 54 VOTE 55 56 ATTEST: 57 58 59 60 Judith A. Pyle, CMC 61 City Clerk 62 63 64 65 (Corporate Seal) 66 YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\84B89CD2-C835-4AA9-88A1-ACD7862B71DC\Boynton Beach. 4434.1. Award Bid and Contract - Johnson Davis - Reso.doc -2- Page 430 of 728 MAT , ;, CONSULTING',1,," a OODMAN company NNEW0131wo, Mr. Colin Groff, P.E. Director of Utilities City of Boynton Beach 124 East Woolbright Ro Boynton Beach, FL 3341 City of Boynton Beach On Wednesday, August 30, 2016 at 2:30 PM, bids were received by the City of Boynton Beach for the North & South Roads Stormwater and Water Main Improvements Project. Five (5) bids were received as follows: Name of Bidder Total Base Bid I. V Engineering & Consulting Corp. $1,664,665.00 2. Johnson -Davis, Inc. $1,843,016.00 1 Man -Con, Inc. $2,162,45&90 4. B&B Underground Construction, Inc. $2,501,175.10 5. Foster Marine Contractors, Inc. $2,646,804.00 The City requested that Mathews Consulting, a Baxter & Woodman Company (MC) review the apparent low bidder V Engineering & Consulting Corporation's Qualification Package. During our initial review we discovered that they did not complete the Project Experience section in the format requested by the City's Bid Documents. MC notified the City, and the Ciq, issued correspondence to V Engineering & Consulting Corporation requesting additional information in the required format to complete their quacation package. MC evaluated the supplemental information provided by V Engineering & Consulting Corporation and contacted all references provided. Based on our Evaluation of all the information provided, the apparent low bidder V Engineering & Consulting Corporation does not meet the Project Experience required by the City's Bid Qualifications under Instruction for Bidders (Item 8 113-3), which states, "Bids shall only be considered from companies that have an established good reputation, related experience, and have completedfive (5) projects of similar scope and size in the State of 171orida to the satisfaction of the City. The information included with V Engineering & Consulting Corporation's Bid Package along with the Supplemental Information requested by the City did not indicate. the required five (5) projects of similar scope and size to the City's North & South Roads Stormwater and Water Main Improvement Project, The r we- I -jr4l, I w4i;*I of the project information provided: i""N J P,6g6 431 of 728 TH E`W 0 N UT I N G L 9 A X T E 30PIAR, colrlpa�v • Project Owner/Municipality ® Project SizeNalue • Project Location • Project Role — Prime or Subcontractor • Project Scope Similarities — Active Dewatering System Neighborhood, Stormwater with Outfalls, Seawall, and Below is a table that summarizes our evaluation of the Project Experience submitted by V Engineering & Consulting Corporation (see below): Based on our evaluation of all of the above infortnation provided and our contact with all of the references provided by V Engineering & Consulting Corporation, we have concluded that the apparent low bidder does not meet the City's Qualifications as required in the Bid Documents. The City also requested that we review the second low bidder Johnson -Da -vis, Inc.'s Bid Qualification Package. During our initial review of Johnson -Davis, Inc.'s Bid Qualifications we discovered that they also provided a limited Project Experience section. MC notified the City, and the City issued correspondence to Johnson -Davis, Inc. requesting additional information in the required format to complete their qualification package. MC evaluated the supplemental information provided by Johnson -Davis, me, and contacted all references provided. Below is a. table that summarizes our evaluation of the Project Experience submitted by Johnson -Davis, Inc.: Page 432 of 728 Project Qualifies as noject Qua bries project Qualities Project oualifies Responsive shnilar Dewatering as sin dor as sindlarOutiall as slarilarActive Reference Application Work DrainagrSystem &SeanallWorh Neighborhood lesinsA��'Value ��hentorftner v' d; 1 YearContractfor Yes Removal & Replacement Miand-Dade Frank Coriazar L_A§!uftu Berner 53A6.017.95 Wate, r & Sewer (305) 978-0824 Yes No No Yes — cocopulniston"Water City of coral L_ Gua pMvententtPhase 1 5810,000.00 ables No Unknown Unknown Unknown Unknown Emergency Deep lAne Yes Replacement of8-inch Miann-Dade Delia Abrahante $275,000.00 21Wate r & Sewer —,D 2§� Yes —_ —Yes No No No WM along NE 6th Ct & Yes NE 7th Ave and various Miand-Dade Morin Garcia 4 otherstreets. $763,131.99 Water& Sewer (305 818-7584 No No Yes Yes :5 ]AEI'Fuan �$2,325,000 �OO Carlos Adrian Oke No No Based on our evaluation of all of the above infortnation provided and our contact with all of the references provided by V Engineering & Consulting Corporation, we have concluded that the apparent low bidder does not meet the City's Qualifications as required in the Bid Documents. The City also requested that we review the second low bidder Johnson -Da -vis, Inc.'s Bid Qualification Package. During our initial review of Johnson -Davis, Inc.'s Bid Qualifications we discovered that they also provided a limited Project Experience section. MC notified the City, and the City issued correspondence to Johnson -Davis, Inc. requesting additional information in the required format to complete their qualification package. MC evaluated the supplemental information provided by Johnson -Davis, me, and contacted all references provided. Below is a. table that summarizes our evaluation of the Project Experience submitted by Johnson -Davis, Inc.: Page 432 of 728 MATHEWS lP I -5UL § d 3 F BAX1I`VE0 0 0 M A N conyany Lased on our Evaluation of all the information provided, as well as the specific project experience qualifications criteria established in the Bid Documents, we fired that Bidder #2 (Johnson -Davis, Inca is the most responsive, responsible and qualified to meet the contract specifications, and we recommend award of the contract to Johnson -Davis, Inc. in the amount of $ 1,843,016.00 MATHEWS CONSULTING, , BAXTER AN COMPANY j A �l David L. Mathews, P.E. Vice President of Operations cc: Chris Roschek, Boynton Beach Jose Huertas, Boynton Beach Taralyn Pratt, Boynton Beach MC File No. 161772/,Bidding Page 433 of 728 Project Qualifies as Project Qualifies Project Qualifies Project Qualifies Responsive shnilar Dewateft as similar as s" r Outfall assindlAr.4efive Itefereace AppikationWork OrainageSystew & Seawall Work Neighborhood 4t ct cQ Yaluez Ciieuf ar r t-vided, Ex n rNrk FA tieuce. Ex' �Nord Ex aieBrce`s Yes North End Paving and Tome of Palin Jeff Sanon I Drainage Improvements $1,844,815.00 Beach 561-227-7024 Yes Yes No Yes Yes Basan Good 2 Kissimmee Lakefront $3,251,175.00 City ofKis'sinrnece 772-794-4100 Yes Yes Yes Yes AIA Jupiter Beach Rd to Yes US I Utility Construction Patrick Fignriha 3 and Reconstruction $3,699,744.00 Town of Jupiter 561-684-6161 Yes Yes Yes Yes Yes Purnp Station A-39 to A-7 Town of Palm Jeff'&anon 4 Forcenutin a laceneent $5,092,469.00 Beach 561-227-7024 Yes No No Yes Yes Original Section Zach Graneble S Drainage, Please fl $452,469.00 City ofGreenacres 954-739-6400 Yes Yes Yes Yes Lased on our Evaluation of all the information provided, as well as the specific project experience qualifications criteria established in the Bid Documents, we fired that Bidder #2 (Johnson -Davis, Inca is the most responsive, responsible and qualified to meet the contract specifications, and we recommend award of the contract to Johnson -Davis, Inc. in the amount of $ 1,843,016.00 MATHEWS CONSULTING, , BAXTER AN COMPANY j A �l David L. Mathews, P.E. Vice President of Operations cc: Chris Roschek, Boynton Beach Jose Huertas, Boynton Beach Taralyn Pratt, Boynton Beach MC File No. 161772/,Bidding Page 433 of 728 0 CONSTRUCTION CONTRACT NORTH AND SOUTH ROADS STORMWATER AND WATER MAIN IMPROVEMENTS THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and JOHNSON-DAVIS, INC., a Corporation authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of November 15, 2016, by Resolution No.: R16- , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: R16- , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: NORTH and SOUTH ROADS STORMWATER AND WATER MAIN IMPROVEMENTS. Invitation to Bid No. 035-2821-16/TP. Article 2. CONSULTANT. Mathews Consulting. Inc. ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 270 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved Boynton Beach Utilities — N & S Roads Stormwater and Water Main C-1 Revised 03/22/2016 in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, One Thousand Two Hundred Dollars ($1,200.00) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY Three Hundred Dollars ($300.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: One Million Eight Hundred Forty-three Thousand and Sixteen Dollars ($1,843,016.00) (Written) Article 5. PAYMENT PROCEDURES. (Numerical) CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has Boynton Beach Utilities — N & S Roads Stormwater and Water Main C-2 Revised 03/22/2016 been reached. 5.5 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 5.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special Conditions 7.8 Technical Specifications 7.9 Drawings entitled: Cover, North and South Roads (Harbor Estates) Stormwater and Water Main Improvements 7.10 Addendum No. 1 Dated August 11, 2016. Boynton Beach Utilities — N & S Roads Stormwater and Water Main C-3 Revised 03/22/2016 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Attn: Jose Huertas, Project Manager 124 E. Woolbright Road Boynton Beach, FL 33435 Tel (561) 742 - 6487 And if sent to the CONTRACTOR shall be mailed to: JOHNSON-DAVIS, INC. 604 Hillbrath Drive Lantana, FL 33462 Attn: Scott Johnson (561) 588-1170 Article 9. INDEMNITY. Copy to: Procurement Services Division Attn: Director of Finance City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach FL 33425 Tel (561) 742-6311 Fax (561) 742-6322 In consideration of Twenty -Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall Boynton Beach Utilities — N & S Roads Stormwater and Water Main C-4 Revised 03/22/2016 destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 11.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 11.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E. BOYNTON BEACH BOULEVARD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. PYLEJ@BBFL.US Article 12. MISCELLANEOUS. 12.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 12.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities — N & S Roads Stormwater and Water Main C-5 Revised 03/22/2016 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of , 2016. CITY OF BOYNTON BEACH City Manager Contractor Attest/Authenticated: Title (Corporate Sea[) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Boynton Beads Utilities — N & S Reads Storrnwater and Water Main C- Revised 03/22/2016 Boynton Beach Utilities -- N & S Rds Stormwater and Water Main PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for in accordance with drawings and specifications prepared by 20 , which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Boynton Beach Utilities — N & S Rds Stormwater and Water Main PFB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Boynton Beach Utilities — N & S Rds Stormwater and Water Main PFB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Signed and sealed this day of , 2016. Principal (Seal) Witness Title Surety Witness Attorney-in-Fact END OF PERFORMANCE BOND Boynton Beach Utilities -- N & S Rds Stormwater and Water Main PFB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , 2016, entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: Boynton Beach Utilities — N & S Rds Stormwater and Water Main PYB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is Boynton Beach Utilities — N & S Rds Stormwater and Water Main PYB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 2016. Principal (Seal) Witness Surety Witness Attorney -in -Fact END OF PAYMENT BOND Boynton Beach Utilities — N & S Rds Stormwater and Water Main PYB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD STATE OF FLORIDA COUNTY OF as follows: He is of (Title) a Florida Corporation a Florida General Partnership a Florida Limited Partnership a Sole Proprietor CITY OF BOYNTON BEACH WARRANTY OF TITLE being first duly sworn, deposes and says (Name of Corporation or Firm) ( ) Check One which is named in Construction Contract dated the day of , 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of 2016. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Affiant Boynton Beach Utilities —N & S Rds Stormwater and Water Main WT - 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos PIP Basic Intermodal Garage Liability Any Auto Garage Keepers Liability MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Combined Single Limit $ 300,000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident)to be determined Property Damage to be determined Trailer Interchange $ 50,000.00 Auto Only, Each Accident $ 1,000,000.00 Other Than Auto Only $ 100,000.00 Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Employer's Liability Property Homeowners Revocable Permit Builder's Risk Other - As Risk Identified Statutory Limits Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 INSURANCE ADVISORY FORM $ 300,000.00 Limits based on Project Cost to be determined ID N Ob �9 'COO > car C3 0 a m LL M m 0 -,t t5 0 0 m 0 U) 6 q 00 60) 03 >- U) w >- U) w >- (n w >- U) w >- C) crsc) E2 mcn U) cq U) LO U) U) U) rn 0 w w w w 0 w w w >- to C) E 9 It cc LO LO 0cli � CD .1 0 LL � 0 LL C) C) LO Gi m U) W U7 W U) w (n U) w w LO co w LL 0 4>1 e & < (09- 0 m m -E CL c, 'a LO 4) . ......... 0) 00 W z W 0 0 2 D u 91 w < U) w z V) (1) CL < < 0 < w 2 z w 0 F- U) 0 U- ca D w 0 a- 0 U) m DV) 0 z of 0 w 0 U- rl w 2 LL LL 2 w U) 0 z 0 0 w w z w ca w 0 0 < 0 U) 0z W -j LL U - < < 0 a 0 X 0 0 �5 z ir 3: 0 0 a z U) Of U) bf a) z U- Q a. 0 w M mQ w z y w w 0 w w W > C) w m ' C 0 0 () �< X u 0 < 0 M— I Page 449 of 728 GE I Page 450 of 728 w z 0 0 C/) U) w w w w w z U) U) C) w w w w w w w w w WC,4 00 w w > a A> - (a CO 0 c LL E .2 0 Q C6 zj 0S. 7E 0 C> 0 (D -j = 0 0 m 'LO s 2 > 'Fb w Q,) 0 OL cu 0) U) w 0 > UP > U) U) U) U) (D z U - U) U) 0 0 w w w w w w w U) LO w w 0 C:) 9 w U) > m 0 cmq ccno LL co LU 0 U. 1O 5' 5 2 m U) coo CL �Ll. 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IN 0 0 CD 00 (D T– o a: C14 w 0 C) ce) cr) 0 00 cq CL w 0 Jc < 0 0 C14 CC) 04 I LI) < w C?) C Z Z 0 U) 0 0 z 00 co 2: w z 0 M. 0 coo z w z 2 Z Fn Fn ED w > 10 w Fx C. 10 0 Page 454 of 728 m I % CONFIRMATION Company Address Bidder has visited the site of the work and has carefully examined the plans and specifications for such p9oct and chocked them in detail before submiffing his bid or proposal. eNA RE F ;AN DATE OF IN ECTION G TU OM y R P 14 Tj 4 E RE49EA N ED ABOVE CITY'S R , PRE#ENTATIVE FZ51*011 MANDATORY ONLY 3oyntan Beach U911fles — N & S Rds Stomweter and Water Me�n BSI - I THIS PAGE M BE SUMMED ALONG WITH PROPOZAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of jVoynton Beach "NORTH AND SOUTH ROADS STORMWA!IT-,R AND WATER MAIN IMPROVENffiNTP BID No.: 035-2821-16/TP -T -SiG,X,TXUR!E!�0-F REWRESENTATIVE NAME OF COMPANY D,,VrE Page 456 of 728 y 22 4©/L2 2y». COUNTY OF PALM BEACH »£ 2 2 11 ,l x !;:lj; « III & m! d d9 .. NOW THEREFORE, «©«2vtk<» s»« w m \k\b2 c»:22, +>S\� «<»y >© » «d■md<a\».m. vt; Bury LihgerOLMutual Insuance Cqm,)an, &I — — — — — — Corporate Surety Reinoso, Surety Witness L 175 Berkel r Street Business Address Boston,_MA 02116 City and State Ann Risk Solutionp, I. of Florida Name of Local Insurance Agency Boynton Beach Utliftles- N & 8 Rds Stormwater and Water Main BB -3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Hunt (if Corporation, t I !I attest and affix seal). 1 n -D n t Mme of Finn Business -City and Stat.... u Lynton Ill Utilities- N & S Rds Sty ter and Water Main THIS PAGE TO BE SUBMITTEDIT III! � 111�(t ' �, ( ( F ,' r `-� E I, �, carti t C am the t he Corporation named as ri i I in the within A that o ae who signed the such Bid Bond on behalf of the Principal, was then of such Corporation; that I know his signature, and his signature hereto is genuine;C in , sealed, and aftested for and i STATE OF FLORIDA NO J appeared ' Claudette Alexander Hunt to me well known, who beingI swornn I a�1 I oath, says that he is the Aftorney-in-Fact,r the LjtgEty Mutual Insurance m that he has been authorized to executeforegoing bond on behai f the zwo*ff—mm, E�� � PUMM Me of Rxide ' it Cruz .S€9 F 0425156 4Camille M. Cruz,,�,'�iotary Publi6"' Boynton Beach Utilities- N & 5 Rds Stormwater and Water Main 4 THIS PAGE TO BE SUBMITTED ALONG p 'fly S (",... ... ,,,)` �1 t„ CERTIFICATE 'tae; S AFFIDAVIT FOR BONDS i 'D; TO: CITY OF BOYNTON BEACH COMMISSIONERS I, ai R 2204 Address: City/ t° &, ZIP: 33462 �1 Bond Dura: SURETY BOND COMPANY: Phone:City/ State: B2g9X,_MA_ ZIP: 02116 617 337-9500 „. 1'.111s is to certify that in accordance with Chapter 85-104, Laws of Florida (HB above:named pill III � I ,I � 08/12/206 Date 3oyntan Beach Utilities- ain BIB -5 THIS PAGE TO BE SUBMITTED tan dA tor �,,w . tmt THIS ACS .. This Pow of Afturney 111mb the acts of those named hweln, and they hm n to Mud the Company acept Inths mannwand to 1ho extent hentIn staW,. crtlftat No, z3_60; s Anedcan Fim and ICasuafty Company UbedyWtual Insurance Company The asualty Insurance Company WeMAmdcan Insurance Conlipany POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS. That American Rm S Casual Company aW The M b Casualty Ineurance Company are oorpordons duly organized under the Iffn of of Now H 9 a'daut Marty Mulual Inwrance Company Idui organiud under the I theStele of Mswwhuw&4and 'Met Arnsrkm Insurarwe Company Is a caMraft duly organked under the town of tre Sho of Indl n rein ook&miy called tho TArnpanki9j, purwantto and by authodty heraln w9forth, dom hereby norm, conelitule aid appdnt, Carnffle M. Cruz- Claudette AlexanderFfint, J& wilneJordan Ham ton all of the *01-M-WMI, Stale of L ------ - - h Indvidually It there be wrelmn one nanW, b true and W& aRway4n4r4to make, exert, wW,e*nmvWgq d deliver, b and an lb behaff as surely and as Its act and deed, any wd all undertakings, bonds,"ritwoes and alher surety oblgeffons, In pursuance of ftesand shall be as binding upon On Companlesss it they here bow dWy signed by ft pre and abobd by the secrelary of ft Cowles In their iDw prapar pemnL IN WITNESS WHEREOF, this Pmmr of Aftomey has bow subsorlbed by an authorM dicer or AM of ft Companies and the owpoiale serAs of the Companies h thereto this_ I N - .- day of qty -Al Mkt +�� '�`.( „� C "W ..fie Arnencen Fliv and Casuaky Company j fl lK`8J Ud'"p1�;nFj+z` "��.p`$'xa ': a� :G' SN lgf `RV" ytfR } r1U L^,' 4.d n4 `5 Yfrs�';b�i. OhioCasualty n ran Company Bw 'i 70pb➢aaP iM @ �&d�0'Mert °4�k§85k8 °°fir 1I ' � ate r x � � auty MuIuN Insurance Company t b 'Canto n d,Kkt`»t,+ �tu"'T 3sv`•? ,3;yk'ti.r`�ga i't�ht 1?� `n�"�.,'�''saF`•� r` Zrs `vttu.u�wb' �xr .wu ne..rc.,», v. g STATE PENNSYLVANIA _•- d td" b 0s nI wry OOUNTY OF MONTGOMERY "287 .1, 1 Page%4206f 728 11117- \i « . . « «f©� ,� azo > :. °2 !» \ v 11111,311,11 / /\} «2>% t>� \� :d<& : Page 463 0 728 1®1 PROJECT TH AND SOUTH ROADS STER AND WATER MAIN IMPROVEMENTS The City. of Boynton Beach is seeking the services of a qualified Contracfor to furnish, install and prWde all labor to complete the Qb/s project knom as IRTH AND SOUTH ROADS STORWAfATER AND WATER MAIN IMPROVEMENTS, Technical Specification Section 02010-2 — Subsurface Investigation Part I — General; 1.01 — Responsibility The Geotechnical Engineering Report dated July 17, 2015, prepamd by Terracon Consultant% Inc. for Mathews Consulting, Inc., and Litility Soft Digs prepared by Inn raMap Corporation — or — other reports Included in this bid document are intended for infarrnational purposes only. To furnish and deliver all materials and to do and perform all WORK in accordance Wth the Bid Documents, as folkwa: In order to be considered for this project, the Bidder must have successAilly completed a minimum of three (3) projects of sirrillar scope and complexity over the past five (5) years, In the State of Florida, and must be ableto document the required expedence upon request., Boynton Beach Ufflffles- N & S Rds Starmwater and Water Mqgn BF -1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 464 of 728 The undersigned BIDDER proposes and agrees, If this Bid is accepted, to enter into an Contract vAth the CITY to perform and furnish all WORK as specified herein for the Contract Price and within ft Contract Period Indicated in this Bid, Z This Bid Wil remain subject to acceptance for ninety (90) days after the day of Bid opening, BIDDER Wil sign and submit the necessary documents required by the CffY vvithin ton (10) days after the date of Cl Award Letter. 3. In submitUng this Bid, BIDDER represents, as more fully set forth in the Contract, that a. BIDDER has examined the Bid Documents, including the follovAng addenda - Number Date Number Date Recelpt of all of which is hereby acknowledged; [RerneInder of this page left blank intentionally] THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Vit lffles- N & 8 Roads Stoffnwater and Water Main Page 465 of 728 5. BIDDER agrees that the WORK wrill be substantially completed within 270 consecutive calendar days after the receipt of the Notice to Pry and final compleFlon;TflI occur within consecutive calendar days after the Notice of Substantial Completlon, 8. BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure to complete the WORK on time. 7 Communleations ooncerning this Bid shall be as follows - Contact Person &-oft J. Johnson Business Address 6044 Hfflb6th Drl%go City, State, Zip Code Lardana, FL 33462 Business Phone Number 561-588-1170 Email Address Cell Phone Number 561-718-4,505 8. Other pertinent information is as follows: License Number CUC043084 (Please Attach Copy) Fedi ralTaxll)# 5,q-1753888 Fede4 Employment ID # . ............................................ b 30 201� Sumitted on this SWE.=_ day of A a. "T1f-&n4nftj&aI, partnership, or non -incorporated organization) E b. If a corporation) (Affix Seal) Signature of BIDDER %J , Whaw-7 BE Attested by Secretary Incorporated under the laws of the State of BID PRICES WITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDDER SHALL BE REJECTED AS NON-RESPONSIVE, NON -CONFORMING AND INELIGIBLE FOR AWARD. Boynton Beach UtUldes- N & S Rds Stormwater & Water Main BF -18 THIS PAGE! TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE ANO ACCEPTABLE Page 466 of 728 } � t 'AS II �E A �kll .���T �� BUSINESS � ,�������PROFESSIONAL �,� ULfic `ION r CONSTRUCTION 1(850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 JOHNSON, SCS JAMES JOHNSON-DAVIS INCORPORATED 604 HILLBRATH HILLDRIVE LANTANAFL 33462 Con'T'u"98onsf Nth this license you become one ofthe nearly one rrDillu n Floridians licensed by the Department of Business end Professional (Regulation„ Our professionells and businesses range tom architects to 'Yacht brokers, frDm boxers to barbeque restaurants, and they keep Florida's economy strong, Every d to Improve the may we do business 1n order to serve yob batter. For Information about our services, please log onto www.myflarldallicenze.,com.There you can find more Information ation about. our dl I loos and the rag ulatlons that Impact you, subscribe t d art entnewsletters an Il earth more about the De arta enf Irsltlat „ Our mission at the Department W License Efficiently, ,Regulate Faiidy, We constantlystrive to nerve you better so that you can serve your customers. Than you for doing business In Florida„ and congratulations ion your new II Duel '` {4 STATE IF FLORIDA DEPARTMENT OF IFl FFoo 104007 IUFIG: 0/2054 CERT I F' Gtl F O JOHNSON,, o 6 JOHNsoN-DAvis INCOROORAtED IS ,"rIFIErD undier this pri of ChARD 'FIS. E,,,fteban dago AUG 31,,.2016 L14016=1751 KEN LAWSON, SECRETARY TATE OF FLORIDA DEPARTMENTBUSINESS PROFESSIONAL REGULATION CONSTRUCTION. INDUSTRY LICENSING BOARD The L F GR UTILITY & EXCAVATION CO Named below 1S CERTIFIED Under t D r i i I f Chapter 489 FS, Expiration ; AUG 31, 2016 JOHNSON, SCOTT JAMES J' ISN. -DAMS INCORPORATED 4 HILLBRATIA DRIVE LA4TANIA FL 33462 Page 467 of 728 ISSUED. 06/16)2014 DISPLAYAS REQUIRED BY LAW SEQ 0 L1406150001761 (For Partnership) I HEREBY CERTIFY that a meeting of the partners of a Partnership under the laws of the Stata of held on fdbMng resolution was duly passed and adopted: "RESOLVED, that Partnership, is hereby authorized to execute the Bid Form de an the City of Boynton each, Florida, and this Partri, 20—, the as of the ,20----, and ftt the execution thereof, attested by the of the Partnership be the off)&al act and dead of this Partnereiip." I further cartify that such resolution is now in f6fl force and effect. IN WITNESS WHEREOF, I have STATE OF FLORIDA COUNTY OF set my hand this _ day of 20_ (Signature) -Swom to and subscOped before me on this _ day of 20 by who 0 is personally no to me or who has presented the folloWng type of identification: ftnature of Notary Public, State of Florida Notaxy seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number Boynton Beach Wlftlea- N & S Rds Stormwater and Water Main BF -1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSALS ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 468 of 728 C ERTIF ICATE (For Corporation) I HEREBY CERTIFY that a meeting of the Board of Directors of Johnson -Davis Inc. corporation under the laws of the State of Florida held an 20 6, the follovAng resolution was duly passed and adopted. "RESOLVED, that Sc -oft, Johnson as ���residen W of the Corporation, is hereby authorized to execute the Bid Form dated AU(31W 30 21,0,1 3 between ft City of Boynton each, Florida, and this Corporation® and that the execution thereof, attested by the Secretary of the Corporation and Wth corporate seW affixed, shall be the official act and deed of this Corporation". I further cerdfy that such resolution is now in full force and effect. IN W ITN ESS WHEREOF, I have hereunto set my hand thiWday of -AJIWLI---� 2041 "2 kb I sec'n"Aary 'w;CAe elCi , 61- J!'11*J--7 STATE OF FLORIDA COU-1,„=OF Sworn to and subscribed belbre me on this 'de -o4 lrl�%JV 6A114- . . ..............hasp --( 011 ............................................................ . 20 L b��f �Vkl �Jdl**ho 44s"personally known to me or who has presented the foiloWng type of Identification - Boynton Beach Utilities- N & S Rds Stonnyater and Water Main BF - 20 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 469 of 728 Page 470 of 728 Nli iN, rN rte`4 4 a`rt4t ppi , ,k yg`i 6 aiek_ x 'EA �a Z4 � �,� 4, ixRU A'z' cc m. p CL ui W R` co IS 100 Eq cc CA aLLy Z LL c; ., ca Jwl ui Lw 90,J0 LU I- e 0 CL I'llp 12 { a e aMA N m.............. Page 470 of 728 Page 471 of 728 Page 472 of 728 Page 473 of 728 LU CL LU w ul ul i Page 474 of 728 a c ML 12 ul 02 lu I A Page 475 of 728 (711 not AS rv- ) OF so so 6% G" 613, fA con" ON, too so so Opp so W& fa A 23 23 AM- 0 Aim K Fia rL .00 CON 0 Cc cm Ac L? CV co :qT C,e P's e o 0, 0 c 0 m E 40 E L 0 OAS WLII No INS a c ML 12 ul 02 lu I A Page 475 of 728 LU 99 j LU CL It 90Q an sm LU Lu w �"" en U. Page 476 of 728 I Page 477 of 728 umw#11 Z CIR N, C', pt, 44 40 LL cn LU -E 7- T 0 LD LD C c i 13 La co tu 0 CL a. M a. x x 0 E A 0 9 U. CL Od AG E LL m U6 .0.0 = I E a,: LO E :2 ad LL LL LL 0 Im LL LL LL c 8 00 LU I Page 477 of 728 . . . ....... . ---------- NSk ry . I Oh, AMP ow . ............. gym, -,m...,,, I—N tZIN 4, Nn, 57 I. ............... . . . ............................. . . . . . . . Nl V- ;L?�Gll All, AIR al IS It - PRI, ��S, ETO AS io GIL M6 El M 9 al 31, va Is K 15F J-9 sm! , IS, i AS E YZ V-1 .......... — — ---------- — m — — ------------- A*j ISIZ N rZS VO, v %,, m ..mA M, .............. aj . . . . ..... . ........... . rC lit w FF all 4 .............. sm — — — ------ - ----------- ................. . .. ..... CHECK OFF LIST FOR CONSTRUCTION PROJECTS REQUIRED SUBMITTAL FORMS AND DOCUMENTS NAME OF PROJECT: NORTH AND SOUTH ROADS STORMWATER AND WATER MAJN IMPROVEMENTS BID NO.: 035-2821-1617P NAME OF CONTRACTOR: Johnson -Davis Inc, CONTRACTOR'S SIGNATURE: NAM EITITLE - PLEASE P Tc Scott J. Johnson- President ALL FORMS AND DOCUMENTS MUST BE COMPLETED, SIGNED, SEALED AND/OR NOTAWI—ZE—D AND SUBMITTED VMTH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. "ARRANGE SUBMITTAL IN THE FOLLOWING ORDER" FORM/ATTACHMENT DESCRIPTION PAGE NO. YES NO BIDDER ACKNOWLEDGEMENT BA -1 CHECK OFF LIST FOR CONSTRUCTION PROJECTS COL -1 RECEIPT OF ADDENDUM A-1 —A �_Ie ov' d'omen' �olAd�dendum �'11 a�ppllwb� 0s:u:ed:w :61h:a ! �cjd DD-1I%YAII 19 d en BID PROPOSAL PAGES - ALL PACES A 'BP'Paaes BID BOND (5 13113-1 - BIB -4 STATEMENT OF BIDDER'S QUALIFICATIONS-& S130-1 ATTACHMENTS SBQ-6 Additional sheets for any items as needed Insert Evidence of possession pf mg Ired licenses. Insert Resumes Insert FORMIATTACHMENT DESCRIPTION PAGE NO. YES NO N/A BIDDER'S SITE INSPECTION CONFIRMATION BSI -1 NONCOLLUSION AFFIDAVIT OF PRIMEBIDDER 'PTCA- _1 ANTI -KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS MOB -1 VerifiCatinn if nnnfinsna le Insert CONFIRMATION OF DRUG-FREE WORKPLACE D W-1 SAFETY PROGRAM COMPLIANCE SPC_1 Current'qnfpfv Pr nq m Attachment oer S,PC-1 Insert SCHEDULE OF SUBCONTRACTORS SSC/MBE-1 OF NO EIS M li I NB -1 PIJTER GENERATED HORIZONTAL BAR 1ART - Insert HEDULE —copiWi- Aw PIE F COMPLETE SUBMITTAL ® OrIgIre sIF3 Insert Boynton Beach UU11fles - N & S Rds Stannwater and Water Main COL -1 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 485 of 728 QTS OF BOYNTON BEACH FLORiDA BiD TiTLP: North and South Roads Stormwater and Wateri Improvements BID - 2-t °"P BIDDER. DATE SUBMffTED: We propose and ree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish ali material, equipment, machinery, tools, apparatus, means of traoportafioin, construction, ordination, iabor and services necessary to complete/provide the work specified by the Contract documents. Haig studied the documents prepared by. Dave Mathews, President, P.E. and having examined ine the project site hen Indleated in these specifications to do so), we propose to perform the r of this Project according to the Contract documents and the foilowing addends which we have received: ADDENDUM NO. DATE ADDENDUM NO. DATE NO ADDENDUMi i i' CONNECTiON WITH THiS BID Boynton Beach U iities — N & S Rds Starmwatgr and Water Mair -1 THIS PAGE TO BE SUBMITTEDWITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 486 of 728 0 BIDDER ACKNOWLEDGEMENT Submit It ids To: PROCUREMENT S I 100 E. Boynton Beach Boulevard P.O.o t Boynton Beach, Florida -031 Telephone- 742-6322 Bid Title: IMPROVEMENTS Bid Received y: AUGUST 30, 2016,M. Skis will be opened in Procurement Services unless specified otherwise. Bid receiving at and tlr ms sche gilled for: AUGUST 30, 2016, no later tP.M. cal t1and may not e Withdrawn within n ninety () days after such date and time. All awards made as a result of this bid shall conform to applicable ctlo s of the charter and codes of the City. Name of Vendor, K,Ignwh,nst7,nuDjUA linirf, Federal l.D. Number: r; 59-5175388 Corporation of the State of: Florllda M���������������,������n..uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu���� uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu Area Code- 561 Telephone Number'. 588-1170 Area Code: 56", FAX Number, 588-5252 Malflng Address-, 604, l l br th lDrhoe� lltyf tate/ ip: L2nta o, 'L 33462 Vendor Malfing Date. thorl , Signature sodsoohansorldalse ray Soot ",a odorI Name Typed Boynton Beach Ufal a s— N & S aids Starinwater & Eater MaIn BA - I TfflS PAGE TO BE SUBMITTED ALONG WITH WD FOR PROPOSAL R a I aRED COMPLETE AND AC . Page 487 of 728 a BIDDER'S QUALIFICATIONS STATEMENT BIDDER shall furnish the following Information. All questions to be answered in full, without exception. If copies of other docurnents will provide the appropriate answer to the question, they may be attached and clearly labeled. Failure to comply with this requirement will render Bid non-responsive and may cause Its rejection. Additional shoots shall Ib e attached as required. 1. BIDDER'S Name, Principal Address, Phone and Fax Number: 1&nsori4,',,,avis Inc &.14, Di i'VO, Lanlarm- FL 33452 ,,­­­­­ ................................................................................................ . ...................................................... Phone: 661-588-1170 ------------------------------------- — — ----------------------- . Number of years as a Contractor in this type of work: 39 3. Names and titles of all officers, partners or Individuals doing business under trade name: Sc,att J, Johnson Robt,;,rt A, Hoil'),hav 11 ........................................................................................................................ . aha . ...................... C t, ............................................................ . . ...................................... 4. The business is a: Sole Proprietorship 11 PreMdent Vice cn,,esident . ............................................................................ Partnership Corporation 5. Name, address, and telephone number of surety company and agent who M provide the required bonds on this contract., Su Ub rety� " e%s Mutuall Co.--- Aqentkon, MAk See,-doas &xfth ln-c. 175 Berkeley %S,., B®rston� MA 02116 Piedmon! Rd, NE Bldig 1 #700. PaWnta, GA 30305 Phone: 817-367-9500 on � 4 04- 2 t`-,,` - 0 6. What Is the last project of Us nature that you have completed'? Bak Glarn' IAAater MWn 25one 2 7. Have you ever failed to oornplete work awarded to you. If so, when, where and why? Boynton Beach Uffliflas — N & S Rds ren ter and Water Naini BQ - I THIS PAGE TO BE SUBMITTED AILONG WITH BID IN ORDER FOR PACKAGE TO BE CON&DERED COMPLETE AND ACCEPTABLE Page 488 of 728 f ,,V17 HIM ENT B Job 71,229" CONTRACTOR: I-Zlir'�� PRo.iEcr �Nwm,'F,,: elle Glade Water Main 1 2 PW)JEC'I"' DESCRIFnON, r......... . .. —1 . ........... ....... FumloSwIlkng and Installation of spprm 5,OW ff'" OF46,, S' al, 10 IFIVC� & INPvvater Win and'.Servif..,es; apVr*,x, 33 each new seWlisting mains, line stops and associated appurtenances, LOCot'k-l"10H OF PROJE-9,7* Pa7m Bear)i (,Ourmv OWNEWS NAME AND ADDRESS: 7;' ... . . . . . ... 0,5VVNEWSREPRESM' Sri. TIVEAINDROLE,", IPalm Beach Counry'vAlater Utill"VeS Department ' ................... WN RI REP ,SE 741' � rm rV E P H Cn N E; '000 m I"I mocredi TYP k 1 4 �lEOFf',IRCJ4"ECr�'NEWORREf4�AS,,. F. ............... ---, PRC 11 JE;,",T DURATiON (NO-710E'll'-'s PROCEED — FINAL ?"'OINIPLE"IVNI, ----------------wu,- '71,mmix, YEAR Cy,')WIPLETED. F —ongoingproject ORIGI.NAL 1:01INTRANCT MN-TRIACTAW-DWIV, -------------- I -- — ---------- ------------- AMOUNT O�- 04ANGE ORDERS AND f,,",YOST, P.\E'rivironmerid af NeQuat SubmfttzW�22011 Prequal aop'd nqas Page 489 of 728 8. Have you personally inspected the proposed WORK and do you have a complete plea for its performance'? Page 490 of 728 . Llst Ma or GC's your corn p oy has worked for within the past three years. (List 2 other than those shown below) ii, f,,Al ,,,tiV ,s f.",o'"#'ixi� �,.#I T �' k '2,ki�1'4 °,�.Y G.Y,.I"I,Ra,;t#';�s b #zfi2 Hard .'`e: i 4R,.V. ag,,,,a,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,M.,�,��,�.�a�.M,uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuw.m,,,,�:-s...,....., ar s9 #, YyGt a sf-. .7,sB$f i= � FM0 swi ;4'1,47 IGC Contad V fd� 5411-761,0f46,7 , No,€," 3 a;,@ 11 ,fG„ a ,,, ;s� G ,fit t }„ t G y ..........................................................................��.w�,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,H„w,,,, �w�u����������������������a 10. List three SIGMFICANT PROJECTS completed vitithin the pest five Years. Your Locarom Subcontract Date, hP, RY'0 f' Tei: Your ,a Lo ton: Su iole q !�Please see Yti�, 3�Gr--,� jt, W5 .- Tel: pero 1 G.. Rai 'Ciur ">aaG Location: � s u:lai3O.' tate pa> , b Y Y- y�N Cor 11. List three SIGNIFICANT PROJECTS currently under construcdon. tuar� Low hone {r Y CardravVng Contact Fax Go,ae,” Lo t9ors; ,t7,G, J°r: v ox,;Pati 'Nkx 2r i CantwAng Conrad ” W, Page 490 of 728 CONTRACTOR: Job 21168, p ari IrnprovemD ,Prpiee,,, 4' o€6031-2735 'i"OJE fl'.$dd@ ISS °4 "6 .',10N,.. $., a p,g { q �w 0," mg (fA ("Yk i� irc.1`say"&t? �s��5k' � arteR�rnm i 'r 3•s R.:r'Sy S.dn pal'iji Beach County lems" l *m ARCOM 2090 Y e,,ch Lakes Blvd, Su Te" 600,ewsi; §til �r" nh,, F 3 40 f ISA" 5s bk 4 1'Z �..l (NEW �#£"Y 4.,.;%,44 HIM': 4 ': .,,� �- SYS ORIGINAL, CONTRAk MVIOUNT OF CHANGE ORDERS AND MST: ... .:::.::::........ co #05 Pl e u J Subml t €;'N" 1 pmgVal C hAns s Page 491 of 728 ATrACHMENT B Job 41118 CONTRACTON, PROJECT NAME: as rnpike-AB Actronk I Phase 48 (MP,4,Sv to PROJECT DES CRIMON, TgUitUd i iatton 0 ?, suirf"n, drahnage� and watej dWdbuftiom mw%dated with of electror-hic toWng on the Florida Tumpike LOCA'TION OF PROJECT,: OWNER'S 000,N41 AND ADDRESS' 753f '-'. Sentu:e Plaza, MP 263, S31A, 0cmef.,, 1,11. 34761 OWNEWS REPRE-SENTAlri'v E AND ROLE "nef ton - HaIs"Y' Ens., "g—,ring Contratc , i, Inc, - Gene, al Zt rtmctor' PHONE; .......... TYK OF PRM, EECT (NEW OR REHA-ElO, P R03 ECT D U MATI 0 N (N OTI C E TIC, P R 0 Cj-'Ei 0 — F IN AL C ONT P LE T' ON): '14-4/01if2016 4901days YEAR COMPUEFTED, 20'1 6 ORIGINAL NAL C32NTIRAC7 ATMOUNr Flibi ,ki%�AO",INTOFCo-LI14NG'.'ORDE",RS,AND 'C(357r: P.A%Ernj"'r0nr"'sfnm1 Prps'4x« subm''Ittaiskm1l Preqml 30 ChM1119P11-9, Page 492 of 728 CONTRACTOR: �.......................... «. ,u ..«« ....««< ....««< ....««< ......--- PROJEL C DES MPTIO' . Commercial and residential bullcilngs LOCATION OF PROJECT: v'�',ke3„ s ,', s � ,x;.!.>}v.,2 3 .....«« .....«« .....«« .....«« .....«« .....� ----------------------------------------------------------------------------------------------------- O R'S NAME AND ADDRESS; R [ M(IC ,..,..,.a.a.a.a.a.a.a.... . �., ... .. . ... ..—, ,, „o.,. OW; ;E«�Y4 P4;r�lA.,li,o s+4'U m1,.„., ,�... .... w .,,.,,�... .... . .. .,.„m,. ,.„ „ ,w „ , , , , , , , , , , ,w uu..,.a.a.a.a.a.a.a.a.a s OWNER'S REPRESENTATIVE PHONE: s s ....... �.. 4,... ...... ..,... .,. .,... .,... . . . . .,... .� .... .... .... .... . .,... .. ..... ..... .... .... .... .... .... .... .... .... . ..... ..... .... .... .... .... .... .... .... .... ,n ,. .. . ... .. . ... ....e,.®.®.®.®, ..®... .. ,u t; i�,,:7.�h,a, } t, t�, �'tts4, � ��l% j+N, k 111- ”, , }ire}il,.l U „ N�'}l1 �: U�t ts��«. 8r w ... . �...... ..... ...... ...... ._. ,.... ..... . .ate ._ z,., ,,,.. ,... ..,... ..,... ,... ..,... ..,... ...,... ...,... ...,... ...,... ..., ... ...,... ...,... ...,... ...,... ...,... ...,... a ... a... ,... .,... .,... a. a. a. a. a. a. a. a ... . ,. .,... ., .,... .,... .,... v..w ,,, . .,.., ... ... .,... .,... ....... .,... ..... .„.,m „...... . . . . . . . .. ......F YEAR COMPLETED. C'�RNIGINAL.� ' Ihw4ln.itJN'T/NNX'11 ....,m�,�Mv,.�,,,.w,�,.,,n„��.,w.....�,,,,,,,,,,,,,n,,,.��,...,.r,,,,,�..,�,.,,�.,M����,�„nww.,�w...,w....w...,w..,..w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w...._.,�w�.....w....w....�v.....w....w....w....w....w....w....w....w....w�....w.... ,Fw,�an..w....w��� ,� ia.RQht,+tai°`G.: a t✓ ¢! t�..`^aat"i'�^a €uit`U �.. AMOUNT OF CHANGE ORDERS AND COST, � Page 493 of 728 ATTACHMENT 8 Job 41105 CONTRACTOR: R ka, k°t tit E; ?� is ws i -, & 227775 -1 -SE -0 .. E ,, "I'll seweir, "ma No.: zmi dr l , and water main for the reconstruction oaf SR 7 in Broward County. 1-3 .,:ery ir-- —wa r—d- u", —n t,"V— OWNEWS NAME ANDADDRESS: a'a ; Dep rVn i r= RSR iUlion, r4 3; r ri ra� brims we-,,, FL 3239SW OWNEWS REPRESENTATIVE AND ROLE: rW g. n .ilr , e € t Sin„ .,, + Beach, `. YR' RPR R"7 PHONE: ' S OF Ppb $ ' (NE05 OR REHAB)-, B)-, Now WEA RCC) 15PETLS,. W h?..'OvdN r� --------------- •• •• •• •• •• 'r Q ssaj subm „TM's= 011 re3,E 'a GOP cftngees Page 494 of 728 A:rrACHMENT B Job 41ISS CONTRACTOR: "ChnsAan-Davis IncL, PCr NAME: 7,� 'F5 ... . ....................... . ....... . eflne Hwy, PROJECT DESCRIPTION: ----------- FAP #.6560014U Inmiletlon of new sanitM sewer, stoffn dminage, and watt r rraln assv-W'alted w1th Vhe rpcoistructicn of SR 71 In Riviera I Beach )JOCA,710N OF PROJEC"r, p-- NAME ANO ADDRES'S. r...................... . ....... . . . . . ......... Florida Depanm4�.vnl cyf7ranspoiration, 6('�X Suvvennev Street Tallahausec F".. 37,-,599-j,745p0 - - — -------- OWN EWS REPRESENTAWEAND ROLE: ............. XWev,-Horn and Assochnef, Inc. 1,22121 Br!ckell A� stile 400,, Miami, F,, 33131, Ourt, r3Wdo, P.E. W OWNEWS REPRESENTATIVE PHONE: I'V"PE OF PRCUB.-1irk EW OR RMHAP�)-.' I N esy PROJECr DURA'1710N tNOTICE "M) C04"VIPLF ON"; .. .. .. .. .. .. . . ........... . YEAR CC", NIT N' D, v - I -`—`,7,--'—` On AhAOUNT: 44,53, 5�O AMOUNT OF CH,"%NGE ORDEAtS AND C,057r' re Ua a, cl-11-haMpa qt I p p Page 495 of 728 ATTIPACKMENT 8 jv 6'"137 CONTRACTOR: Johnson-Dav"Is Inc,, PROURECTNWN! E, PROJECT DESCMMION: — — — ------------------ . . ..... — .......... . .................. -------------- .." . .............. Pro',&:t No,,. DUKEAG-551 Ir VA t, , Me'Turnj,,)!Pe Croming tawrawfe,,Jopment .51A1118t7c"M of new s'.aniltury sewu, drainage, aridwal.rZer main associate witt, LOCATION OF PROJEC'r* I— � Palm Bea&t County OWNEIVS NANME AND ADDREISM: Duke Rtmfty 'Land, LLC OWN ERS REPIRE"MN"I'A71VE AND ROLE' ch gni Ersir ineering Corporation 947 f,"Ilnt Moore Road, Boca Rafton,FL,33487 OWNER,% EPRE Urf ATIVE PHONE: 561-241-6455 TYPE OF PRIOWEC'r (NEW OR REHAB'!' 11OD"ITICEIM PROCEED L,..PINAL 0'.)U,PU,110N): ......... . . ................. JS 7/61201 Y' ic(w pu"I'MM"D., ORIGINA41- C110NT&x%'(w-'j AINMMUN7,FINAL CONTPUAC-TAIVIOUNT, At��,iOUN'rOFC.qANGEORDEI,�SA�4D COST: . ......... CXI, At r 7 hPa aa- 5 1 A. ri f43,256 ` 0 ItIff Page 496 of 728 $7 7 F .. . . .. . �, i(,,o S -q M ,a -d 'no Drainage, watermain, forcernaln, and sewer Page 497 of 728 Your Ln; Subcontract Date Contmoung Coact Tel: 12° 'List the part! nent exp ienc of the key Individuals of you r an ization (continue ars insert sheet, if necessary). 13. Stateft name and l'icens'ing of the individual who will have personal supervision of the WORK. ,3oc)ft aJ, Jc,,,",a`3so.a.r; ikcn,t'd „ 4U ,z�7 aJ „v ,,:,, ',m li. :k a.,Ucwmt, %N ;P ............. ... 14,. Will ybu sublet any part of this If so, give details. 15. What equipment do you own that is available for the 'ohn onyISy-tyr more Ithan 100 of heavy wcjupment required I `�� ` t th moi% i^ dd, � ,est 'M What equipment will you purchase for the proposed 17 What equipment YAII you rant for the proposed t8. Has ft Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refined to enter Into a contract after ars avmrd has been made, failed to complete a contract during the past five ' ) ars, or been declared to be In default in any contract in the Inst five () ars? If yes, please explain below: oyntw Beach t tlllfle — N & 8 Rds Stonnmabar and'Water ftn BQ - 3 THIS PAGE TO BE SUBMITTEDL 1 IN ORDER FOR PACKAGE TO BE CONSIDERED pL T AND ACCEPTABLE Page 498 of 728 EMPLO YFEE PROFILE Christopher JDhnsos EDUCATION: BBA Stn Univam-lty, Daiand, FL CPR Cr EXPERIENCE: 2DO B - Pme, m -t Johms-Dn-Davis inc., Lantana, FL St,---ry/Treasure.r/F-atimator Underground utifty construcbon cont-a.ctor speciafludng in water, sewer, storm drainage sytiter ns, as well as highway and road c*nstructon, 1992 - 2DDS Johmson-Dayls Inc., Lantana, FL Sec,rr--tary/Treasurer/C)pe.ratioris,, Manager Overse,e field operations of 150 field personnel in seven soiAheast Florida. countles, Sohedulin g 16 crews, coordinate the n-minterwanoe and transportation depatTients, monKor the overall eftlectveness of tie field opera bon. 1933 - 1992 Johnson -Davis Inc., Lantana, FL General Superintemdent Scheduling all field crffwc. Responsible for between 3 and 12 ore ws in the, coristruction of munir,1pal and p(rvate infi"astriaura improvements. 1981 - 'It 993 Johnson -Davis Inc., Lantana, FL Forarrian Field supervisor res;ponsible for 4 to 5 pem, on arew installing water main, water services, andc*nfljd,� crossings Page 499 of 728 F"IRDMLE ..... . .. ... E, hLt A"I'lON, Buclk",nall Un; A," A, ,� z",, — Cl vrH --r,F S -P!, � E N C E 1992 -- Presant Inc., FL r,n SUM Chakage Sylamm, as w�,�� as some 1981 --1992 Ficlact 1997 -- 1981 Rpe Foramaxn 1976--1977 �"--,Mrn C each FL, BNOREBEERNSHIPES & (Past President 1987, 1 1993, 199f and 1999 (Past President FL East Coast Cl"i, pter LAiliff,",v and cf 'Page 500 of 728 EMPLOYEE PROFILE Andrew Thomson EXPERIENCE: 2014 — Present Johnson -Davis Inc., Lantana, FL Safety Director Underground utility construrtion min tractor specializing in water, sewer, storm drainage systems, as veil as highway and road construction. 2012,,- 2014 JANX Ine, East Brunswick, �L Manager- Plastic Training and Testing Group For a nationwide teqbng contractor servicing the utilities transmission anddistribUtion induetries, power generation, and manufacturing industries. EDUCATION: Woodbridge Sqnlor High, Woodbridge, VA 3 years ® Unlvers4 of Dayton, Dayton, OH KEA' EMPLOYEE PROFILE Robert A. IiDpler EDUCATION: BS — Civil Engineerirpg Bucknedl University, LeWisburg, PA MRA R utgars Ur arsfty, N ew ark, W EYC'PEFUENCE: 2DOG — Present Johrmon-Davis Inc., Lantana, FL Controller Underground Lrrility ,Bore sbruction ntractor spe6lalizing in water, sewer, stomi drainage sys"Lems, as,fire ll as highw y and road Gerr struahori, 2004— 2DO6 Nordic Contracting Co., Inc., KJ Gontroller 1983— ZDG4 afro ud-Hoy lar, Inc,., NJ President and sole stockholder Heavy/hIghway construction oompany Pdvate and Public sectors 1980 — 19&3 Stroud-Hoplar, Inc., Ni Project, Manager — She Supervisor 1978 — 1980 Nichols Engineering and Research, NJ Project Engineer RELATED ACCOMPLISHMENTS: NJ Limn ed Professional Engineer Page 502 of 728 f . List and describe all bankruptcy petitions (voluntary or involuntary) which have been fled by or against the Bidder, its parent or subsidledes or predecessor ani tin during the past years. Inciude in the description, the disposition of each petition. 20. List all claims, arbitrations, administrative hearingsand lawsuits brought by or against tits Bidder or its predecessor ani ti re() during the last flare () years. The list shall include all case names® case arbitration or hearing identification numbers, the name of the project which the dispute arose, and description of the subject ratter of the dispute, 21d is the Bidder currently in default on any loan agreement or financing agreement VWth any bank, fin n i i In tit tl n, or other nti if yes, specify in details the circumstances and prospects for resolution. 22. Bank References (include name, job this, and telephone number of contact person) — Minimum 1 23. Annual Average Services Revenueof the Proposer for the last three years as follows: Boynton Beach t diftl ® N & S Rds Stonnwater and dater Meru 130 THIS TO BE SUBMITTED ALONG WITH€ IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 'cr J Page 503 of 728 Page 504 of 728 The BIDDER acknoWedges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially effects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the awerd, to cancel and terminate the award and/or contract. Date Boynton Beach Uffiffiea ® N & S Rds Starmwater and Water Main BQ - HI PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 505 of 728 0 CONFIRMATION OF DRUG-FREE WORKPLACE LDENTIS AL TIE BiDS 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specling thea ions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplllace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse vlolatlon& 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified In subsection (1). 5) Impose a sanction on, or recluliv the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who Is so coinvicted. 6) Make a good faith effort to continue to maintain a implementation of this section., As the person authorized to sign the statement, I certify that the above requirements. IN workplace through Boynton Beach Uffiltles — N & 8 Rd s Smarm mar and Water Main DFW - I THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL W ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 506 of 728 0 NON COLLUSION AFFrT OF PRIME BIDDER State of Florida County of Palm each Scoff J. Johnson being first duly sworn, deposes and says that., 1) He is President of Johnson -Davis Inc. (Title) (Name of Corporation or Firm) the bldder that has submitted the afteched bid® 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid, 3) Such bid is genuine and is nota collusive or sham bid-, 5) The price or prices quoted in the attached bid are fair and pmpernot tainted by any collusion, conspiracy, connivance or unlawful agreement on the pa bidder or any of fts agents, representatives, owners, employees, or parties in interest, llli�i this affient. "Slgrted % ".- iii I e Subscribed ands orn to before me T h I s tk : Ali$ 111L 01 day of 42YAWSM WMm My commission expires .......... ............... Boyntw Bwch UbNes — N & S Rds Stormwatar and Water Main NCA - I THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 507 of 728 0 ANTI-KICKBACKAEUn STATE OF FLORIDA SS COUNTY OF PALM BEACH 1, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid Wil be paid to any employees of the City of Boynton each as a commission, kickback, reward of gift, directly or Indirectly by me or any member of my firm or by an officer of the oorporation. Sworn and ubscribed before me this day of 20 h ......... t . . .... .... .... .... -------- OTARY U LIQ t of Flad at Large YAWMH HWUM WCQWM8M#Q3021N8 "OFFICIAL NOTARY SEAL" STAMP Printed Information. Scott J. Johnson NAME Johnson -Davis Inc. COMPANY Boynton Beach UflIfflas — N & 8 Rds Stormvmter and Water In AKA - I THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 508 of 728 0 TRENCH SAFETY ACT AFFIDAVIT *COMPLETION I FILL IN P IDETAILS THE FOLLOWING HEADINGS: Description nit Quantity Unit Price Extended Price Method A4z" ::T-- =:::: 4mz� a 4��qlclw Boynton Beach tlii — N & S Rds Stormyntereryd Water Main "CSA ®1 THIS PAGE TO BE SUBMITTEDWITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDEREDPLEA L Page 509 of 728 SAFETY PROGRAM COMPLIANCE Safety is high pdorityin the conducting of business in the City of Boynton Beach. Preference shali be given to contractors with an estabUshed safm foflo ma O.S.H.A. guMelines, and documented resufts establishingsafe working environment. 1. Bidder shali provide a copy of the fet Program(s) to be in effect for the duration of the Contract (attach to the back of this W 2. The City reserves the right t not periodic safety Mspeclions of the rant rw subcontractor, empdoyees, agents, to. throughout the duration of the Contract. 3. The Cityreserves the right to terminate the Contract where it is determined that the contractor o m do mntr ctor is in non-compflance iof the safety terms, mr lHoran mr requirements estabUshed by O.S.H.A. or the State. As the person authorized to signthe statement, I Ify that this firm complies fully It the above requirements. /11 Boynton Beach U limb — N & 8 lids Starmwater and Eater Main SPC - t THIS PAGE TO BE SUBMITTED LWITH P L IN m m FOR m PACKAGE TO BE CONSIDERED COMPLET mPT L Page 510 of 728 0 WARRANTIES In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida - 1 The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract, and 2. That the facts stated in the Contractees Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects-, and & That ft Contractor has read and compiled with all of the requirements set forth in the request for Bids, instructions to Contractors and Specificaflons; and 5. That the materials supplied to the C4 of Boynton Beach, Florida, under the Cons Lion Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable vAthin the meaning of the Uniform Commercial Code Section 2-314, and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for prop" damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as she on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty, and Boynton Beach Uflifts — N & 8 Rde Sty ter and Wator Wn WAR - [ THIS PAGE TO BE Su7TED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 511 of 728 Em By Boynton Beach tall v N & 8 Rdster and Watar Mair WAR 2 THIS LCAWITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETEACCEPTABLE in Page 512 of 728 Page 513 of 728 Page 514 of 728 BID TITLE: NORTH AND SOUTH ROADS STORMWATER AND WATER MAIN IMPROVEMENTS The Contractor is aware that the Inspector General of Palm Beach County has the authority to Mvestigate and audit matters relatingreiating to the ne otlation and performance of this Contract and In furtherance thereof may dem and and obtain records and testimony ony f the Conti -actor and Its subcontractor's and iower tier subcontractors. The contractor iunderstands and agrees that in addition to all other remedies and consequences provided 5y law, the faliureof the Contractor or Its subcontractors or lo' er tier subcontractors to folly cooperate with the Imp or General when requested, may be deemed by the morm'lol allty to be a mea rural breach of this contract justifying Its termination. Title President Date: _,a -t. o Boynton Beach Utllm — N & S Rds StwnwiftrandWaterMaIn 01G-1 THt8 PAGE TO BE SUBW77ED ALONG WITHPROPOSAL u ORDER FOR BID PACKAGE TO BE CONSIDEREDCOMPLETE ACCEPTABLE Page 515 of 728 7.B. BIDS AND PURCHASES OVER $100,000 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-156 - Authorize the City Manager to sign a contract for the "Replacement of the Roof and HVAC System for the Pistol Range" with Al Property Services Group of Miami, FL as the most responsive, responsible bidder for the submitted bid amount of $167,307. Staff is requesting a 10% contingency of $16,730 for a total approved amount of $184,037. EXPLANATION OF REQUEST: On September 28, 2016, Procurement Services opened three (3) bids in response to the Invitation to Bid for the "Replacement of Roof and HVAC System for the Police Pistol Range", Bid No. 058-2110-16/JMA. This solicitation was for the removal of the existing roof down to the concrete, and the removal of all existing HVAC equipment/ductwork and replace as directed in the Architectural and Mechanical Drawings by Florida Caribbean Architecture. The bid proposal from SMC Air Conditioning of Davie, FL was declared non-responsive because they did not include the Mandatory Bidder's Site Inspection Confirmation and the Project Schedule (timeline) as required by the Bid Specifications. The second lowest submitted bid from Al Property Services Group was carefully reviewed and evaluated by Engineering Staff, and references were secured from three governmental agencies that had awarded bids to Al Property Services. Engineering recommends award of this project to Al Property Services Group as the lowest, most responsive, responsible bidder. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The present roof is an old gravel style flat -deck which is leaking and causing issues with the building's interior and equipment. The present roof -top a/c is also a culprit of water intrusion due to its rusting ductwork and roof penetrations for securing it to the building. Replacement of these aging building components will assure a secure and dry interior for the Pistol Range. FISCAL IMPACT. Budgeted Funds for this expenditure are budgeted in CIP Account No. 302-4125-580-62-01, Project No. GG 1608. ALTERNATIVES: Re -bid this project or do not proceed with the renovations. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 516 of 728 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Reviewer Action Type Description Alibrandi, Julie Approved Resolution approving and authorizing the City D Resolution Manager to sign Contract with Al Property 11/4/201 - 10:37 AM Legal Services for HVAC and Roof Replacement at Approved 11/ /201 - 4:1 PPA Pistol Range D Contract Contract -Al Properties D Memo Procurement Memo D Tab Sheets Tabulation Sheet D Attachment Proposal from Al Property REVIEWERS: Department Reviewer Action Date Finance Alibrandi, Julie Approved 11/4/2016 - 9:52 AM Finance Howard, Tim Approved 11/4/201 - 10:37 AM Legal Swanson, Lynn Approved 11/ /201 - 4:1 PPA City Manager LaVerriere, Lori Approved 11/8/2016 - 5:15 PPA Page 517 of 728 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT FOR THE REPLACEMENT OF THE ROOF AND HVAC SYSTEM FOR THE PISTOL RANGE WITH Al PROPERTY SERVICES GROUP OF MIAMI, FLORIDA IN THE AMOUNT OF $167,307 PLUS A 10% CONTINGENCY FOR A TOTAL APPROVED AMOUNT OF $184,037; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 28, 2016, Procurement Services opened three (3) bids in response to the invitation to Bid for the "Replacement of Roof and HVAC System for the Police Pistol Range", Bid No. 058-2110-16/7MA; and WHEREAS, the solicitation was for the removal of the existing roof down to the concrete and the removal of all existing HVAC equipment/ductwork and replace as directed in the Architectural and Mechanical Drawings by Florida Caribbean Architecture; and WHEREAS, Engineering is recommending awarding the bid to Al Property Services Group as the lowest, most responsive, responsible bidder; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to award the bid to Al Property Services Group of Miami, Florida and to authorize the City Manager to sign a contract with Al Property Services Group for the "Replacement of the Roof and HVAC System for the Pistol Range" in the amount of $167,307 plus a 10% contingency of $16,730 for a total approved amount of $184,037. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\B5735B92-A2A7-4691-A765-B0C67C217E85\Boynton Beach.4429.1. Roof_and_HVAC_System_Contract_at_Pistol_Range_ _Reso.doc Page 518 of 728 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 34 approves the award of the bid to Al Property Services Group of Miami, Florida in response 35 to "Replacement of Roof and HVAC System for the Police Pistol Range", Bid No. 058- 36 2110-16/JMA. 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 3. The City Manager is authorized to sign the Contract with Al Property Services Group for the "Replacement of the Roof and HVAC System for the Pistol Range" in the amount of $167,307 plus a 10% contingency of $16,730 for a total approved amount of $184,037, a copy of which Agreement is attached hereto as Exhibit "A." Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\B5735B92-A2A7-4691-A765-B0C67C217E85\Boynton Beach.4429.1. Roof_and_HVAC_System_Contract_at_Pistol_Range_ _Reso.doc Page 519 of 728 63 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\B5735B92-A2A7-4691-A765-BOC67C217E85\Boynton Beach.4429.1. Roof_and_HVAC_System_Contract_at_Pistol_Range_ _Reso.doc Page 520 of 728 CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this day of , 2016, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" and Al PROPERTY SERVICES GROUP, INC. hereinafter called CONTRACTOR a Florida Corporation LXX) Check One a Florida General Partnership () a Florida Limited Partnership () a Sole Proprietor () hereinafter called "CONTRACTOR". WITNESSETH that under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of $167,307.00 submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated September 28, 2016, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: REPLACEMENT OF THE ROOF AND HVAC SYSTEM FOR THE PISTOL RANGE, 3501A NORTH CONGRESS AVENUE, BOYNTON BEACH, FL 33436 Bid Number: 058-2110-16/JMA the City of Boynton Beach, Florida, all of which are incorporated herein by reference lump sum price as specified in CONTRACTOR'S bid in the amount of: $167,307.00 11 Page 521 of 728 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Architect of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Architect of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Architect. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8 The CONTRACTOR shall at all times observe and comply with the provisions of Pa Page 522 of 728 the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Architect shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Architect is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the Architect" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Architect, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0 COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 120 calendar days following the commencement date as specified in same. 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the General Conditions for Construction or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Architect in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Architect may direct. Page 523 of 728 Contractor shall not employ an that City Architect may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $1,000.00 per day as liquidated damages, for failure to begin within ten (10) days of "Notice to Proceed" or failure to complete the work within 120 calendar days from the commencement date to be indicated in the written "Notice to Proceed". 5.0 PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, C! Page 524 of 728 and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 6.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him Page 525 of 728 that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Architect, the unit price shall be subject to review to determine if a new unit price should be negotiated; or 8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Architect to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 1.1 Page 526 of 728 8.4.3.3 Where it is indicated that the Contract is federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6 In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economic performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Architect. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Architect and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 8.6 No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work N Page 527 of 728 which is the subject of the Field change Directive or Change Order. 9.0 INSURANCE 9.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule included in the bid documents and naming the City of Boynton Beach as an "Additional Insured" with respect to General Liability. 9.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 9.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. 10.0 GUARANTEE AND WARRANTIES 10.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 11.0 TERMINATION OF CONTRACT 11.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Architect shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination �•3 Page 528 of 728 set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 11.1.1 Complete the contract in accordance with its terms and conditions, or 11.1.2 Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 12.0 CONTRACT CONTROLS 12.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 13.0 TIME OF ESSENCE 13.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 14.0 REMEDY FOR DELAY 14.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 0] Page 529 of 728 14.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 14.3 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 14.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Architect, project manager and consulting Architects. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. DATED this day of 12016. CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, City Attorney Attest/Authenticated: Judy Pyle, City Clerk CONTRACTOR: 0 (Print Name and Title) STATE OF FLORIDA Page 530 of 728 COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements personally appeared , and acknowledged He/She executed the foregoing Addendum to Agreement for the use and purposes mentioned in it, and that the instrument is His/Her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 2016. My Commission Expires: NOTARY PUBLIC 11 Page 531 of 728 WARRANTY The undersigned, , hereby agrees for a period of one (1) year from the date hereof, to repair any defect or damages resulting from the work conveyed to the City of Boynton Beach (the "City"), pursuant to that certain Bill of Sale or Plans dated which is result of a defect in the materials or workmanship. The undersigned, upon notice of such defect, shall make the foregoing repairs as soon as reasonably possible or, if such repairs have already been made by the City, the undersigned, upon receipt of evidence of the costs reasonably incurred by the City in the making of such repairs, shall forthwith refund same to the City. Anything herein to the contrary notwithstanding, the City shall have the sole obligation to perform all maintenance required. Accordingly, the undersigned shall have no liability hereunder in the event that the repairs result from the failure of the City to properly maintain same or misuse or abuse (except, however, nothing contained herein shall be construed to release the undersigned from liability for damage or defect caused by acts of the undersigned or its employees or agents in connection with the completion by the undersigned of the project). Date: VIAallI'm I President Name of Company (CORPORATE SEAL) Page 532 of 728 STATE OF FLORIDA ) SS: COUNTY OF ) I, HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Florida Corporation and general partner of . A Florida limited partnership, to me known to be person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the uses and purposes therein expressed. My Commission Expires: Iii%1all ba Notary Public, State of Florida Page 533 of 728 WARRANTY OF TITLE To be executed with each and every payment or draw request STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a corporation which is named in Construction Contract dated the day of , 20_, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Periodical Estimate for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical Estimate for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of '20 Notary Public, State of Florida at Large My Commission expires: (SEAL) Affiant WT -1 Page 534 of 728 FINAL ESTIMATE RECONCILIATION AGREEMENT This Final Estimate Reconciliation Agreement covering the period from to , supersedes any and all previous correspondence or verbal agreement regarding deletions or additions to the scope of work in the performance of the contract dated for construction of and all appurtenant work thereto in the City of Boynton Beach, Palm Beach County, Florida. It is hereby agreed and understood that all quantities and prices shown on the attached Final Estimate No. are correct and the amount of $ constitutes final payment, including retainage, and Change Order No. for all materials furnished and work performed by Contractor, and all other contractors, in the construction and completion of the above project, all which were to be performed in strict accordance with the terms of the original contract. It is further agreed and understood that the one-year warranty period of workmanship and materials furnished shall commence on final completion and acceptance by the Owner, City of Boynton Beach, as outlined in Paragraph 11.1 of the original agreement. RECOMMENDED FOR APPROVAL: la By: ACCEPTED: in Date: Id11Cail Page 535 of 728 State of Florida ) ss: County of Palm Beach On this day of 120 personally appeared before me duly authorized to administer oaths to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 9:11= Page 536 of 728 CITY OF BOYNTON BEACH FINANCE DEPARTMENT/PROCUREMENT SERVICES MEMORANDUM TO: Tim W. Howard DATE: October 19, 2016 Assistant City Manager FROM: Julie Alibrandi Senior Buyer RE: Bid No.: 058-2110-16/JMA Replacement of the Roof and HVAC System for the Pistol Range On August 3, 2016, The City of Boynton Beach advertised a Bid for the Replacement of the Roof and HVAC System for the Pistol Range. The solicitation documents including drawings were uploaded to the City's e -Procurement System, Demandstar.com to ensure that a broader vendor base would be invited to participate. I uploaded contact information from 14 HVAC and roofing companies that had performed services for the City, and vendors that had completed a vendor application and were entered in the City's Master Vendor database. In addition, 687 suppliers were notified by Demandstar. This bid solicitation was also advertised in the August 5, 2016 Palm Beach Post. At the Mandatory Pre -Bid Conference and Mandatory Site Visit on August 30, 2016, six firms were in attendance. On September 28, 2016, three (3) firms submitted bids and the three submitting firms attended the bid opening. In addition to cost, bid responses were evaluated based on responsiveness in terms of deliverables as per the bid documents, and responsibility proving that the Contractor has a viable firm. SMC Air Conditioning of Davie, FL submitted the lowest bid, but did not submit the Mandatory Bidder's Site Inspection Confirmation and a Project Schedule as required by the Bid Specifications. SMC was determined to be non-responsive since they failed to provide all the required documents per bid specifications. The next lowest Bidder is Al Property Services Group who submitted all required documents. Al's licenses were checked to ensure they are current and valid to do business in Florida, and references were secured from several companies that had work performed by Al Property Services Group. Al Property Services provided a Bid Bond for 5% of their bid price of $167,307.00. Therefore, Al Property Services is recommended as the lowest, most responsive, responsible bidder to perform the solicited services for the replacement of the roof and HVAC system for the Pistol Range. 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QaQ P�'"l?r :F 4 rtan 9 If a`Y'i„'t n f1 ts(#des � { �, � a"�t Qt Pat iiO �h(h a dt �7� ',a r"S�s �'1, f a 1 p g ......... L� PAGES I f , x s S iF m sn �n, ALL n aJ3 s, l iFl th{ tri a)}SEns "i�S vl�n EM,,,,' t � 1 ,. � ,m,m,m,m,m.n 6 n, 464""""”, xy� � a ms as need � ?f��� � r�.,t,�ixa����� n ,.„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�,,.. ....................................„,,,,,,,,,,,,,,,,,, . ,,, �,�, S ... ......... ,rrws 3 f (n ?)° x BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 540 of 728 !Y—FE (Orrunvnoe Based Only) f11.TLIMA% REWIRED Gerneral Liabilitt; Genemi Aggregate $ 11000,000.00 ton satercial 0enem1Liability Pmducts-( orrqV0p Agg, $ 1,000,000,00 Owners & Contract&a prat ti (0<,,1,P) Personal & Adv, Injury $ 1,000,000.00 Liquor Liability Each Occurrence S 1,000,000,00 Professional Liability Fire Damage (any one fire) S 50,000M Employeas & Officers Lel edical.Expeits e (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Fami Vendors Premises t" dons Underground Explosion & Collapse Pr du Completed Operations Contractual Independent Conn -actors Broad Form Property Dwnage Fire Legal Liability Automobile Liability Combined Single Limit S 300,000M Any Auto Bodily Injury (per person) to be deterriTined All Own ctlAutas Bodily Injury (per accident) va ire detcrmizred Scheduled Autos Pyolmrly Darnage to be determined Hired Autos Tredler Interchangt 50,000.00 Non-OwnedAutos PIP legit Intermodal Gatzge Liability Auto Only, Each Accident $ 1,000.000m Any Auto Other Than Auto only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Earch 0'1""vurrence 'to be drat-r–inined Umbrella Form Aggri,,,gsae to bm de"ciii l aed worker's compens adori Statutory Limits Employees Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 50ti,owo Disease Epch Employee $ 100,0w.00 propen'l- y mmin a Revocable Permit S dam, X00 Builderls Risk Lintits based on Project Cost Othm - As Rusk Rlettified to be deltermined zo Page 541 of 728 BIDDER ACKNOWLEDGEMENT Submit Ids 'foa FINANCE/PROGUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O.o 310 Boynton each, Flodda 33425-0310 Telephone- (551) 742-5322 Id 'Title; REPLACEMENT OF THE ROOF MD HVAC FOR THE PISTOL RANGE Bid Number: Bid ReceivedBy: SEPTEMBER 20, 2016v NO LATER THM 2-530 P.M. Bids will be opened in Procurement Services unless specified otherwise, Bid receiving date and time is scheduled for: SEPTEMBER 20, 2016, no later than 2.-30P.M., and may not be -withdrawn within ninety ( days after such date and time. Al awards made as a result of fts bid shall conform to applicable sections of the charter and codes of the City. Vendor MailingDate: 9/28/2016 ar ... i i 6 t Name7�o Typed .� THIS PAGE TO BE SUBMITTED L PACKAGE To BE CONSIDERED COMPLETE AND ACCEPT48LE A -L Page 542 of 728 CITY OF BOYNTONBEACH FLORIDA TITLEw. REPLACEMENT OF THE ROOF AND HVAC FOR THE PISTOL RANGE BID NO.- 058-2110-16QMA BIDDER -Al Property1Group DATE SUBMITTED: 9/28/2016 We propose and agree, if this bid is accepted, to contract with the City of Boyntoneach, in the Contract Form, to furnish aVl material, equipment, machinery, tools, apparatus, means o transportation, construction, coordination, labor and services necessary to complete/provide the work specified y the Contract documents. Having i studied the documents prepared by: tARCHITECTURE and having examined the project site (when indicated in these specifications to do so, we propose to perform the work of this Project according to the Contract document%% and the following addenda which we have received: ADDENDUMTE ADDENDUM DATE 001 9/9/2016 THIS AGE TO BE SUBMITTEDALONG PACKAGE TO BE CONSIDEREDo f E AND ACCEPTABLE -1 Page 543 of 728 ACKNOWLEDGEMENT _ F _, o f REPLACEMENT OF THE d%a«�}%H V\d d2\d6 t FOR THE PISTOL RANGE &� TE 9J ?t mt«&<< ADDENDUM.! Page 544 0 728 REPLACEMENT OF THE ROOF AND HVAC SYSTEM FOR THE PISTOL RANGE f41C �� The Bidder agrees to accept as full payment. The Scope of Work is more clearly defined In the Contract Documents, Special Conditions and Technical Specifications. The completed Work will provide the removal ali of the existing roof and HVAC Syster and the re- roofing and furnish and .lntail a new HVAC roof -top System as described in the Drawings and Specifications by Florida -Caribbean roh eot re„ The Scope of Work is more clearly defined in the Contract Documents, Special Conditions, and Technical Specifications. ilt' '+l�roi� �G ID �l>S�hui LUMP SU 140,iit W"U 16 7 507- co � .. ollars Arr- nt GeflAw- V��rftten ln hias l.,t��'i�`;�V,�h�"��nili ���€avo-�„'���,�, cached is a Computer Generated Hodzontal BarChart-. XXX The undersigned bidder agrees to complete the work within onq�-hundred twenty 1120) calendar days after the commencement date, The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract Mcluding all Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance ith the requirements o the specifications and drawings. Page 545 of 728 The bidder, by submission of is Bid acknowledges 'khat the bidder has been advised that !in the event bidder meatst e award of til project to another bidder, that the bidder damages, ff any, re l m ited to actual d preparation and bidder hereby ,fives any claimit may have for otam daas iir� froom the iit s fail to ward tie roe bidder.. Al rGroup L at it r Printed Name 305 471-7353 -Naha geo@al propertyservices. net Dat9/28/2016 e -, Florida Contractor's License Number r I Contractor Contractor i Contractor Page 546 of 728 STATE OF 0 COUNTY OF PALM BEACH KNOW ALL MEN BY THESE PRESENTS, ffiwt _!�-1 ProPerty Service's Gwot,�p, Ino, OBLIGATION 'rHE CONDITION OF THIS IS SUCH, that whereas the PrIncipal har; accompanyingsubmdted the rr: THEREFORE,NOW 4 mm Page 547 of 728 l„ } WITNESS:to authority of is governing body. CUM If Sole Ownershipr Partnership, two (2) Witnesses required), If Corporation, Secretary only! t). Name of Firm t FCCI Corporate surety WITNESS: f IM 890 SW 69th Ave. Business Miami, FL 33144 City grid State 1314 E. Atlantic Blvd. 1 In as -sAd d POMIDano Beach FL 33060 1 state Name fI Ir RHM Page 548 of 728 sIgnature, and his ihereto Is genuine, and that said bond was duly signed, sealed,d COUNTY OF PALM BEACH } Commission # FF 99T727 May 11. X020 Page 549 of 728 State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the foregoing document for the purposes expressed My commission expires- 9/25/2020 NoWry Pubic State of Florida County of Sarasota Before me this day personaly appeared Thomas A, Kov executed the floregoing document for the purposes axpressed therein My commission expims.- 9M/2020 4 Stan d! co LTpm EOUFF q., who is pemonally known to me and who 1, ft undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in ful I force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force, Dated this day of ey Th E els Esq, EVP, I ffirs G340VL�nt Affairs and ry 140NMM-NA-04, MIS Pf � a Page -550,of 728 STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included ire these General Documents shalt prepare and submit the data requested in the following schedule of information. This data must be included In and rnade part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal, act additional sheets givingthe information 1 Name of Bidder- Al Property Services Group Z Business ;address:890 SW 9 th Ave Florida 3314 . When Organized: 200 4. Where Incorporated: Floddia 5. Pow many yea a you been engaged in the contracting business under the present firm name 6. General character of work performed by your company. privateCommercial and Industrial roofing,roof replacement projects HVAC retrofit projects in conjuction with roof replacements Municipal and contracting work 7. Number of employees. 40 8. Background and experience of principal members of your personnel, including officers. 9. Bonding capacity. 10. Have you ever defaulted on acontrast? If so, where and why?* THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE BE CONSIDERED COMPLErE AND ACCEPTABLE S -I Page 551 of 728 STATEMENT OF BIDDER'SQUALIFICA71ONS continued, ..... 11. Experience in performance. Project, Value Contact Narne Phone Miami r. 555,000.00 Jorge Perez 305 375-1153 Belle,�, � .,u,u,u,u,u,u,u,.., .,.,.,..,,KK.,m,m,m,m,m,m,r.r,,,,.,.,.,.,.,.,.....,�,,,.H,,,.,,,.,,,.,,,.,,, ., �,M,M,M, .., �,M,M,M,M,M,M,�„M,M,M,M- 561996-0100 x1 29 SW Ranches Town Hall 180,000.00 EmilyMcCord ,,,,,,,,,,,,,,,,,,,,,,,,M,..,,,,,.,..,,,,,.,..,,,,,.,. ,.,,,,,,,,.,,,,,,-,. Housing 1) arose from oonstruction projects: * none occurred within the last 4 years: none provide case number and Style: none Datedto ,UvuuuuuuuF this 28 uuuuuuuuuuu.,,.uvuuuuu »uuuuuuuu da of Se ember21 B: Name: Tippany Title: President THIS PAGE TO BE SUBMITTIO ALONOtBID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEFrABLE S - Page 552 of 728 MADRUGA, YOSVANY A-1 PROPERW SERVICES GROUP INC, 841 SW 69TH AVENUE AM1 L 33144 ra r I r r N, �'��nanl ;; t6 y I ta _a ire r 111 j�� om stro aml they a 08 �° c, Worn i bra r a - rr rrrr� nSwae do busineas in order Glut 1 1. aqcp �x v T n � more rar n the r uI, tlan that � mt-,t „ � • � nw8letters and Warn ror 't our rr'(r'�1 gr st +hs DOPArtrnent is: Uwnsw EfWanUy, Roquintp PWIYY VIM Wnstannyjr�rr to sonic you bolter so 1�i j yo€ j o r, serer your cusfOrners. Thank n you I& doleg businassin Podda, and corgral.ulations on your nmj 11censel -, CC RTMED> Fdw, the PFOV,140ns It Ch, 488 FS, PFC. SAW A VOR L i IAN OS ,,=r DETACH HERE KEN I-XITS N, SECRETARY STATE OF FLORIDA MA T ENT OF EWSWESS AND PROFESSIONAL E U TION CONSTRUcroom wpusiw LICENSING �� � ��g�, ; � Xg9s 0 w k r FS,EXPiratlo date, AUG 1, 2618 . MADRUGA, YOSVANY A-1 PROPEMY SERVICES GROUP INC, ago s ' 69TH AVENUE AW FL 33144 ISSUED: wlavxia DISPLAYASSREQUIRED BY i AW err 0, 441111041 A_,., -Page 553 of 728 MADRUGA, YOSMANY F A-1 PROPERTY SERVICES GROUP INC 841 SW69THAVS NUE MIAMI FL 33144 RiGX'8(,'0T7, GJOWERNOR 18 CERTmED u ricler the provIslons of Ch. 4&g F,,& PNW#fti dAm - AUG 31. =a L160614CU-17is DETACH HERE KEN LAWSON SECRETARY STATE OF FLORIDA I)EPARTWNT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUC71ON INDUSTRY LICENSIMG BOARD R 4er 489 F& 8 MADRUG' A Y08VANY F A-1 PROPERTYSEIRVICES GROUP INC e4l SW89TH AVENUE MIAMI FL 33144 OWED; 091141201,8 DISPLAY AS REQUIRED BY I AW -q'Frj m i inner uffl.0117111 Page 554 of 728 MADRUGA, Y08VANY F A-1 MECHANICAL SERVICES, INC 841 SW 59TH AVENUE MIAMI FL 33144 Congrapt ulaoienal Afth thiflirenseyou m9come as of ift maiti one mifflan FlOVIVIOnS licensed by the Dqpffrtmant&, Bixmankmqand Pro ffisslann'l Rqaujatjan, Our prDfausIonals sndbum'fremsea range 110m arclel* acts t 6 yacht brakera, frowrs to barbaque restaurants, and tfiey keep Fjayjida's ftairlomy string.. Every day we viork to lmprovaw*,iq iNs we dabumnn order foaerveyoubeftn onto vr,,ynoridtIkons s,.ito,,rn, Th WP you cam find more Ira offniffian abodt our diftionsand the regales mat 1ci YOU.Subscribe todepartmant newsisuors and learn rnaraaboLft. the 09pgf,ornfqnr,a initshero s, Our missiormat ithe Peaaltmerat Is- License Eli dlerifly,Reglutmte Fair!Y- M cmatenly stAve'to segue fou bqjjw,6* #1rAt yo'ucan serveyour cap stamf_4S, Th, ank you lbrdalriig butIT;996 jrfiF-ijod dg, 'and congratulafione on your mv RICK r, GOVERNOR 87ATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CMC1260477 ISSUED. 09/13/2016 CERTIFIED MECHANICAL CONTRACTOR MADRUGA, YOSVANY F A -i MECHANICAL' Is INC fS CERTWIEO urider the provWgijr Of Ch0 FS. DETACH HERE KEN LAWSON, SECRETARY STATIE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESWONAL REGULATION CONSTRUCTION fNDUSTRY LiCENSING BOARD Named below IS CER-T1-F'1,E'-D'-'—­ Under the paiss, of ChoTter 489 FS, Expiration date. AU( j 8 MADRUGA, Y0,9VANY F A-1 MECHANICAL SERVICES, INC 841 SW 68TH AVENUE MIAMI FL 33144 18'suLm: DEV I-3/2016 nismAY AR F-CF01 1ARRIn AY I AW AlMnAl I 1f;nav4nrm4A'Page 555 of 728 ,890 RV 64th Pokm FL 33244 O� 5 471-7,153 ExI 303 R 105,1 702 Kulm2njjejIdes � r 'U Prof6� ". 9r , .. s. Certified mostcw Roof4 ; ry" rrrp ei'$150 Milli e „' _ R. 'O EDW iu.r ,;,4 I` Bg,c,hclm c*n8jjjI cdon SO enJa lj'i of Ficn,ldn", State of South Carolins Gmeral Cnnhu4cr State of N.mIh Caollne Gencral Convular Qualfflar emwieted over $100 Million nr-addan cor l ct I Page 556 of 72 .e I f ,ar�r 'r 4 uIP�A ,..F nr r.{._., E'� .. ,. ....� � ..�4,,.-1 '.• .� rdF� wm.,. �,l ..,e_ .,.«....�... .R I Page 556 of 72 NON COLLUSION AFFIOAVIT OF PRIME BIDDER State of Florida Coi,jnt a°F Mia d oe that Heb is President being first duly sworn, deposes and says of Al Property Services ... (Title) ( as of Corporation or Pira) the bidder that has submitted the attach bid: Boynton Beach Pistol Range 058-211 0-16jma ) The price or prices quoted in the attached bid are fair and proper are not cte ars collusion, conspiracy, i a. oe or unlawfulagreement o the p f the l r or a of l� agents, rapraaota'lea9 owners, employees, or partly in lteraa , uing afata P Subscribedand swore to before me This 28 dayof September 201 My commission #axplres ;-4, ., „ ......... PACKAGETHIS PAGE TO BE SUBMITFED ALONG WITH BID FOR TO BECONSIDERED COME AND ACCEPTARLE ». - 16"WES AA EXANOIA DU SAIMY NOTARY PU9L'C.,9T/V,­Z OF F1 0410A � MV1, a1 Fr, g My COMM Page 558 of 728 STATE OF FLORIDA COUNTY OF PALM EACH ANTI -KICKBACK AFFIDAVIT In 1� the undersigned hereby duly sworn, depose and say that no portion of the sum Paid to any employof the City of Boynton each as a commission, k' kbac directly or indirectly by me or any member of my firm or by an Officer of thxrpo M3 Sworn and subscdbed before me this — 28 day of September 20 16 J4 r P LJ of F1 at 'arge L 'Ibfflhf% VANESSAALEVANOrOtOUBARM" x NOTARY PUBLIC -STATE OF FLORMA COMMFF Of",70V k4Y COMYL EXPIRIES 02-103-2020 .1OFFF10AL N0Tj,1%R,,y, SEALK STAMP SIGNA Printed information: Al Property Services Group NAME Al Property services Group COM!"x AkNY THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR GET BE CONSIDERED COMPLErE AND ACCEPTABLE AKA ,- I Page 559 of 728 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a Part of our files for future use and information. Please fill out and IndIcate In the appropriate spa ceq provUed ljvlel ch category best escribes your company, Return tHs form with your bifid proposal sheet making it an official part of your bid response. Is your company a Minorfty Owned Business 9 xxx ......... ......... ....... ....... If Yes, Please indicate by an 'X'in the appropriate box: AMERICAN INDIAN OTHERMiami Dade SBE NOT APPLICABLE (SpeOf"y!) THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE MOB -1 Page 560 of 728 1 Page 561 of 728 Make a good faith effort to continue to maintain implementation of this section, the f f , the f. THIS PAGE TO BE SUBM17TED ALONG WITHBID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW-1 workplace through finn Complies Page 562 of 728 SAFETY PROGRAM COMPLIMCE Safety is a high prJority in the conducting of business in the City of Boynton Beach. Prefere ca hall be given tractors with an established safety program following , . a g guVdefl e , and documented results establishing a safe working environment. ernt. 1® Bidder shalt/ provide a copy of the SafstY Pro an to be in effect for the duration of the Contract (attach to the back of this form), . The City reserves the light to conduct pedodlic safety inspections of the contractor, subcontractor, employees, agents, etc„ throughout the duration of the Contract. 3. The City ireser ea the right to terminate the Contract where It is determined that the contractor or subcontractor is !in non-compliance of thG safety to s% regulations or requirements established by , ,.H. . or the State„ authorizedAs the person to sign the statement, i the above requirements. that th19fflrm compilesfully with THIS PAGE TO BE SUBMITTEDL ISAL FOR BID PACKAGE TO BE CONSIDEREDCCS SPC -1 Page 563 of 728 r P � E',,,�� , q4� , y j$y Y :n a Property � tie roup Inc. Page 564 of 72 'Table of Contents TertlPerature & Fire Emergency..... ......... ...... r-amtpe I cardous Chemicals/ Sgety Meetings., ...... ............. ...... ...Page 2 Safes Disciplinary Policy/protective Equipment-, ....... Saf! or Practice/ Fall Protection/Ladder Safety ............. ... ... 4- . �T ge , 5 Motorized ve'hides & Equipment ....... if-�,,,3ge 6 Guideline Check115L., ... .. ...... 'Page- 7-8 Job Safely Ana�ysls ........ i g e, 9 10 Fall FITitection or Ian.....,.....0 COri party Pblic�/ ...... A-1 Property Services Group Inc P.0 Box 667687 Miami, F1 33166 Phone N: (3Wr)471-7353 Fax #: (305)471-3702 Jlgibnr xg(wp "IP ' Q. M1nPaLbagrtr -WW&kLPjE&-ViQM,RU "" Page 565 of 7 h 9 Page 566 of 728 0 g xv CD M s 40 aX444 "W 0 M, , is n CL CD 0 A. 4 ` +'Sui 44 M is Yt 4 kf, i 11+ e n�C i, a=te 1 FP Q '^ CD 0ra CL 9 & �r aec CO 4 y G. •c w to = gt °�' `*w•�•W "b's %'ZY _amu $� •Z7eta 0 Cl CP w OL 00} o EF p5 M yi MCiD L^ co %ms a� :�4f 4 4 (gy tee' 44 ',. 'aW"r a'Ar OD my .".� N y 5CL OL n Oqty 4 n n % 01w CAL a FM�M (D �g-� ppUU�xx� �pgAd 1 mm. � h 9 Page 566 of 728 Halloom gnu= to your �116�/JMA for I THE PISTOL RANGE because of the . geared toward brand or manufacturer only to the Invitation or an equivalent not permit us to perform IF YOU ARE NOT SUS RTI A BID# PLEASE COMPL FORM AND RETURN TO PROCUREMENT SERVICES NS -1 Page 567 of 728 t REPLACEMENT OF THE ROOF AND HVAC BID No. 058-211 O'-6/JMA The Contractor is aware that the (Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance al this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subczntraclors, The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors, to fully cooperate with the Inspector General when requestedmay e deemed by the municipality to be a material breach of this contract justifying its termination, Al Properfy Service# Group Title, PresIdent Date- 9/28/2016 THIS PAGE TO BE SUBM17TED ALONG1 IIN OROER FOR E TO BE CONSIDERED COMPLETEACCEPTABLE [- Page 568 of 728 Page 569 of 728 7.C. BIDS AND PURCHASES OVER $100,000 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-157 -Approve an increase to the approved annual payment amount for year two and year three of the three year Microsoft Enterprise Agreement from $158,225.25 to $166,478.12. EXPLANATION OF REQUEST: On December 15, 2015 the City Commission approved R15-160, a three year enterprise agreement between Microsoft Corporation and the City of Boynton Beach for software licensing through Software House International (sole source supplier for Microsoft Software under State Contract number 252-001-09-1) in the annual amount of $158,225.25. The City currently uses the following core Microsoft products: • Windows 7 Pro for desktop operating systems • Windows Server 2012 R2 for file, print, and application server services • Office 2010 for word processing, spreadsheets, personal databases, and general office automation • Exchange 2013 for email server services • SQL 2012 for database server services The City has plans and budgetary funding to move the City's e-mail accounts to the Microsoft Office 365 Government cloud in early 2017. This will provide a higher level of reliability while providing users with larger 50 gigabyte mailboxes. The annual payment for year two and year three of the three agreement is $166.478.12. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Moving the City e-mail mailboxes to the Microsoft Office 365 Government cloud will provide a higher level of reliability while providing users with larger 50 gigabyte mailboxes. Once in the Microsoft Government cloud, Microsoft will provides disaster recovery and backup services for the mailboxes. In addition, once the mailboxes are moved the system resources on our local systems such as CPU, memory, and storage can be reallocated. FISCAL IMPACT. Budgeted Funding was approved and is available in the fiscal year 2016/2017 budget under the following accounts: I.T.S. 001-1510-513.46-91 $ 96,574.26 Police Dept. 001-2112-521.46-91 $ 54,558.99 Utilities 401-2821-536.46-91 $ 15,344.87 Total $166,478.12 Funding has been identified/earmarked in the same amounts for fiscal year 2017/2018. Software House International is the sole source supplier for Microsoft Software under Florida State Contract number 43230000-15-02 ALTERNATIVES: Page 570 of 728 Do not move the City mailboxes to the Microsoft Office 365 Government cloud and continue using an on premise e-mail system to host the City's e-mail mailboxes. Continue with the original Microsoft Enterprise Agreement with an annual amount of 158,225.25 for year two and year three. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Software House International START DATE: END DATE: CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Type D Resolution D Quotes D Other D Attachment REVIEWERS: Description Resolution approving increase to years hivo and three to Microsoft Agreement SHI Quote - 12304015 Florida State Contract - Screen Shots R15-160 Page 571 of 728 Department Reviewer Action ITS McNally, John Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved City Manager LaVerriere, Lori Approved Date 10/25/2016 - 9:44 AM 11/8/2016 - 10:48 AM 11/9/2016 - 4:46 IIIA Page 572 of 728 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 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INCREASE TO THE ANNUAL PAYMENT FOR YEARS TWO AND THREE OF THE MICROSOFT ENTERPRISE AGREEMENT FROM $158,225.25 TO $166,478.12; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 15, 2015 the City Commission approved (via Resolution R15-160) a three year Microsoft Enterprise Agreement (EA) in the amount of $158,225.25 to provide certain software and licensing which Agreement expires December 31, 2018; and WHEREAS, the City has plans and budgetary funding to move the City's email accounts to the Microsoft Office 365 Government cloud in early 2017 which will provide a higher level of reliability while providing users with larger 50 gigabyte mailboxes; and WHEREAS, the annual payment for years two and three of the Agreement will increase to $166,478.12; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to approve the increase to years two and three of the Agreement between Microsoft Corporation and the City of Boynton Beach for software licensing through Software House International in the annual amount of $166,478.12. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\DF1108EE-B9C4-4C91-B3D0-57294EE96F2C\Boynton Beach. 4444.1. Microsoft Enterprise_ Agreement(increase)_-_Reso.doc Page 573 of 728 29 the increase in annual payment amount for years two and three to the Agreement between the 30 City of Boynton Beach and Microsoft Corporation for software licensing through Software 31 House International in the annual amount of $166,478.12. 32 33 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. 34 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 38 39 Mayor — Steven B. Grant 40 41 Vice Mayor — Mack McCray 42 43 Commissioner — Justin Katz 44 45 Commissioner — Christina L. Romelus 46 47 Commissioner — Joe Casello 48 49 50 VOTE 51 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 63 YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\DF1108EE-B9C4-4C91-B3D0-57294EE96F2C\Boynton Beach. 4444.1. Microsoft Enterprise_ Agreement(increase)_-_Reso.doc Page 574 of 728 City of Boynton Beach FL John McNally 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 UNITED STATES Phone: (561) 742-6070 Fax: (561) 742-6092 Email: mcnallyj@ci.boynton-beach.fl.us All Prices are in US Dollar (USD) Product 1 CoreCAL ALNG SA MVL Pltfrm UsrCAL Microsoft - Part#: Note: State of Florida Microsoft LSP Contract # 43230000-15-2 2 OfficeProPlus ALNG SA MVL Pltfrm Microsoft - Part#: Note: State of Florida Microsoft LSP Contract # 43230000-15-2 3 WINENT ALNG SA MVL Microsoft - Part#: Note: State of Florida Microsoft LSP Contract # 43230000-15-2 4 ExchgOnlnPlan1 ShrdSvr ALNG SubsVL MVL PerUsr Microsoft - Part#: Note: State of Florida Microsoft LSP Contract # 43230000-15-2 5 ExchgSvrEnt ALNG SA MVL Microsoft - Part#: Note: State of Florida Microsoft LSP Contract # 43230000-15-2 6 Prjct ALNG SA MVL Microsoft - Part#: Note: State of Florida Microsoft LSP Contract # 43230000-15-2 7 SharePointSvr ALNG SA MVL Microsoft - Part#: Note: State of Florida Microsoft LSP Contract # 43230000-15-2 8 SQLSvrStdCore ALNG SA MVL 21-ic CoreLic Microsoft - Part#: Note: State of Florida Microsoft LSP Contract # 43230000-15-2 9 Win RmtDsktpSrvcsCAL ALNG SA MVL UsrCAL Microsoft - Part#: Note: State of Florida Microsoft LSP Contract # 43230000-15-2 Pricing Proposal Quotation #: 12394015 Created On: 10/19/2016 Valid Until: 1/31/2017 Inside Sales Microsoft Advisor Eric Goodman 290 Davidson Ave Somerset, NJ 08873 Phone: (908) 902-0504 Fax: (732) 868-6055 Email: Eric_Goodman@shi.com Qty Your Price Total 750 $40.01 $30,007.50 790 $80.03 $63,223.70 790 $35.65 $28,163.50 725 $23.52 $17,052.00 2 $590.29 $1,180.58 60 $95.78 $5,746.80 1 $990.50 $990.50 14 $522.72 $7,318.08 50 $14.85 $742.50 Page 575 of 728 10 WinSvrDataCtrALNG SA MVL 2Proc 9 $897.68 $8,079.12 Microsoft - Part#: Note: State of Florida Microsoft LSP Contract # 43230000-15-2 11 WinSvrStd ALNG SA MVL 2Proc 17 $129.20 $2,196.40 Microsoft - Part#: Note: State of Florida Microsoft LSP Contract # 43230000-15-2 12 VisioStd ALNG SA MVL 42 $42.32 $1,777.44 Microsoft - Part#: Note: State of Florida Microsoft LSP Contract # 43230000-15-2 Total $166,478.12 Additional Comments State of Florida Microsoft LSP Contract # 43230000-15-2 To process your order, you can e-mail your request to floridateam@shi.com. You can also fax it to 732-868-6055. Please include a contact e-mail address on all orders, as this is required by most vendors. Thanks! *Are you interested in increasing employee productivity, conserving network bandwidth and protecting against today's complex web -based security threats, such as malicious code and keyloggers? If so, please call us to discuss how the Websense web and email filtering product offerings can help. Or, download a free trial version today at www.websense.com/shi. y:I17- 41I�R314018I8b'I:1:f: SHI is a Certified Minority (Asian -Pacific) Large Account Reseller, specializing in the sale and distribution of academically priced software, services, and hardware from a myriad of manufacturers ... including Microsoft, Symantec/Veritas, Adobe,Trend Micro, Corel, McAfee, Novell, HP, CA, Inspiration, Riverdeep, Kingston and more. The Products offered under this proposal are subject to the SHI Return Policy posted at www. shi.com/returnpolicV. unless there is an existing agreement between SHI and the Customer. Page 576 of 728 Florida State Contract Information for Licensing Solutions Providers (LSP) of Microsoft Software and Services 43230000-15-02 Information found at http://vvvvvv.dms.myflnrida.cnm/business_npenatinns/sate_purchasinu/vendnrjnfnrmatinn/sate_cnnt racts_and_a0reements/state_term_cnntracts/|icensin0_sn|utinns_pnoviders_sp_nf_micnosnft_snftvvare Licensing Solutions Providers (LSP) of M,icrosoft Software and Services 43230000-15-02 Effective Period OD0112016 through 01/3V2019 Contract Type State Term Contract Contract Information Fr Documents Forr'ns and Other InrornI Amendments and I,,1(.-,mora,,_1;dums Contract Carla Mr-BrIde Administration (850) 414-6131 Comtract(irs SH | p'wmi an~Armerica m. | N | mo | mw | Statcwmn Page 577 of 728 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R15-160 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A THREE YEAR ENTERPRISE AGREEMENT WITH MICROSOFT CORPORATION FOR SOFTWARE LICENSING THROUGH SOFTWARE HOUSE INTERNATIONAL IN THE ANNUAL AMOUNT OF $158,225.25; AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in December 2012 the City Commission approved a three year Microsoft Enterprise Agreement (EA) to provide certain software and licensing which Agreement expires December 31, 2015; and WHEREAS, the ITS Department is recommending renewal of the Microsoft EA with a new three year term which will allow ITS Department to upgrade to the latest software versions as they are released; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to approve a three year Agreement between Microsoft Corporation and the City of Boynton Beach for software licensing through Software House International in the annual amount of $158,225.25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves the three year Agreement between the City of Boynton Beach and Microsoft Corporation for C:AUsers\prainitojWppData\Local\Microsoft\Windows\Temporary Internet F' iles\COntent.IE5\D5 LHXT08\Microsoft_ Enterprise _Agreement(2015 )_-_Reso.doc Page 578 of 30 31 32 G 33 i 345 35 software licensing through Software House International (sole source supplier for Microsoft I Software under State Contract number 252-001-09-1) in the annual amount of $158,225.25 5 and authorizes the City Manager to sign the Microsoft Enterprise Agreement, a copy of which is attached hereto as Exhibit "A" i Section 3. That this Resolution shall become effective immediately upon passage. k PASSED AND ADOPTED this 15t" day of December, 2015. CITY OF BOYNTON BEACH, FLORIDA 1 ATTEST: I J s M. Prainito, MMC Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick C;\Users\prainitoj\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentlE5\D5LHX'1'08\Microsoft_Enterprise_Agreement(2015)_-_Reso.doc VOTE YES NO Page 579 of pu :: Illt'I�� Program Signature Form MBA/MBSA number U0275474 002-shancock-s-515 Agreement number 01E73214 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. • ocument Numberor ..- <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code Enterprise Enrollment X20-02113 K451 <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> DocumentNumber or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code Product Selection Form 0411106.001 PSF Amendment CTM M306 New Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of Entity (must be legal entity name)* City of Boynton Beach Signature* Printed First and Last Name* Printed Title Signature Date* Tax ID * indicates required field ProgramSignForm (MSSign)(NA, LatAm)ExBRA, MLI (ENG)(Aug2014) Page 1 of 2 Page 580 of 728 Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title * indicates required field If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA ProgramSignForm (MSSign)(NA, LatAm)ExBRA,MLI(ENG)(Aug2014) Page 2 of 2 Page 581 of 728 Document Revision Authorization By signing below, you agree to allow the SHI Microsoft Contracts audit team to make necessary changes and minor revisions to your Microsoft Enrollment including, but not limited to: • Correcting typographical errors • Adding/changing enrollment numbers • Adding/changing amendment numbers Additionally, you acknowledge and consent that: • You will be notified of any change the SHI Microsoft Contracts team makes while submitting your Enrollment to Microsoft. • No alteration by the SHI Microsoft Contracts team will alter your terms and/or pricing for your Enrollment. Customer Name Customer Representative Signature Customer Printed Name and Title Date 7.D. BIDS AND PURCHASES OVER $100,000 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Approve a one-year extension to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with Lhoist North America with an increase of 4.3% per ton. This product will be ordered on an "As Needed" basis for an anticipated annual expenditure of $320,000. EXPLANATION OF REQUEST: BID RENEWAL TERM: DECEMBER 16, 2016 to DECEMBER 15, 2017 The City of Boynton Beach is lead agency on this cooperative bid that includes the Cities of Delray Beach and Lake Worth. City Commission approved a two year award to Lhoist North America on December 4, 2012. The bid documents allow for annual pricing adjustments with renewal, and Lhoist has agreed to a one-year extension with a 4.3% increase from $275.84 to $287.37 per ton effective December 16, 2016. Lhoist's justification for the increase is anticipated cost impacts of 7.75% due to increased coal pricing and transportation costs. This is the third and last one-year extension. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Quicklime is necessary to prevent scaling in the water pipelines and in reducing hardness in the water supply. Lhoist North America is a reliable vendor that has consistently provided the Utilities Department with high- quality quicklime over the past several years. FISCAL IMPACT. Budgeted Funds have been budgeted in account 401-2811-536-52-35. Recent fiscal year expenditures for this chemical are: • FY 2014/2014 - $305,000 • FY 2014/2015 - $296,502 • FY 2015/2016 - $269,258 ALTERNATIVES: The City of Boynton Beach could explore the use of other coagulants or anti-scalants. However, this may lead to higher water treatment costs or possible water quality. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 583 of 728 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Other D Other REVIEWERS: Department Finance Finance Legal City Manager Description Lhoist Response to Renewal Request Lhoist E-mail describing increase Support Documentation for Increase for Quicklime Reviewer Action Alibrandi, Julie Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 11/1/2016 - 4:43 IIIA 11/3/2016 - 10:25 AKA 11/8/2016 - 8:45 AM 11/8/2016 - 9:29 AM Page 584 of 728 Lhoist /North America fl� itsf Lhoist Group October 14, 2016 City of Boynton Beach Finance/Procurement Services loo East Boynton Beach Boulevard PO Box 310 Boynton Beach, Florida 33425-0310 Subject: Contract to Furnish, Deliver, and Discharge Bulk Quicklime. Bid Number 009-2821-13/JMA Dear Procurement Services Administrator, Thank you for sending Lhoist an option to renew our contract for furnishing bulk quicklime to the members of the Palm Beach Purchasing Cooperative at the same terms, conditions, and prices as the current agreement. Manufacturing and distribution costs for lime delivered to Florida have continued to escalate over the past year. Principal areas affecting production costs are new environmental regulations requiring engineering and development of mitigation technologies for air and water emissions, costs for maintenance, repair and replacement of heavy, off road mobile equipment, insurances and rail and truck transportation. Unfortunately, we expect these cost components to continue to increase during the next few years. For these reasons, Lhoist is asking the City of Boynton Beach to consider a renewal at the amount of $287.37 per ton (a 4.3% increase, which remains lower than the next competitive bid price of $296.53)• Please let us know if you have any questions or need additional information. We look forward to hearing from you and as always, your business is appreciated at Lhoist. Best regards, LHOIST NORT AMERICA ale Ja es, Florida Sales Manager Cc: Julianne Alibrandi, Senior Buyer, Boynton Beach, Florida Florida Sales Office 1479 Town Center Drive, Suite 229 Lakeland, FL 33803 877-644-9010 Page 585 of 728 l' i® Julianne Please let rye know if you have any quertions. We apprec!ate your business. J. Dale Lholst North America Allbrandl, Julianne Sent: Monday, October 24, 2016 11:47 AM To: JAMES Dale Cess HART Elizabeth Good Morning r. James, For Commission approval, sufficient documentation will need to be providedr the requested increase r toy for quicklime. Page 586 of 728 Blvd® 1 Boynton Beach, Rarlda 33435 AP""' uate ca'4; ,� 1 wM�----------M�rt GatfWay to the Gulfstream o .i ati ";,tt `_r 'Pa< as ,t ,t ;� as"t dat„ _n,t'<, 'r r,,r,�a�a la `�;xt ktu -y" 1,.t t,¢t'r+•'�� rt ,' tta�`r ,�, its'"- f,i 'a e,A t� �� t tPg7"irs �rrt 't., mat r,a ,=_ <,'f ,�7 t,ns, ix.; ,.tt Page 587 of 728 Price Proposal - Support Documentation for City of Boynton Beach, FL and Palm Beach County Co-op Price Indexed to 100 Percentage of 2017 Percentage Price Component 2016 Actual Impact on Comments Price Budget g Price Labor 10% 100.0 103.0 0.3% AL Labor Contract, negotiated price inflation of 3% Coal 20% 100.0 110.0 2.0% Negotiated Coal Pricing for 2017 Freight (Coal) 15% 100.0 105.0 0.8% Coal Sourcing cost due to coal market (Frt is 40% of delivered price) Electricity 5% 100.0 102.5 0.1% AL Power driven by coal market Diesel 13% 100.0 120.0 2.5% Negotiated Diesel Pricing for 2017 Terminal Cost 5% 100.0 104.0 0.2% Inflation driven fixed cost Rail Freight to Term 25% 100.0 106.0 1.5% CSX Freight increases Truck Freight to Cust 8% 100.0 105.0 0.4% Inflation driven truck transportation 100% 7.75 Margin Percentage 6% 2016 Actual Price $ 275.54 $ 279.08 2017 Price wo Margin 2016 wo Margin $ 259.01 2016 Margin $ 16.53 $ 16.53 2017 Margin $ 295.61 2017 Calculated Price $ 287.37 2017 Price Requested 4.29% Percentage Increase Page 588 of 728 PUBLIC HEARING 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: The Brass Tap (COUS 16-006) - Request for Conditional Use approval for a Bar & Nightclub to allow liquor sales at an existing restaurant at Boynton Village in the Suburban Mixed Use (SMU) zoning district. (Conditional Use approval is required in connection with the request for approval to sell liquor. The sale of liquor is projected to increase revenues from the sale of alcohol to over 51 % of total sales, which changes the use from a "Restaurant" to a "Bar & Nightclub" use.) EXPLANATION OF REQUEST: The applicant is requesting Conditional Use approval for a Bar to allow liquor sales at The Brass Tap located at Boynton Village in the Suburban Mixed Use (SMU) zoning district. The applicant and business owner, Matthew Baum, has operated The Brass Tap establishment at this location for the past two (2) years. The Brass Tap has a full kitchen and is licensed as a restaurant use. However, as defined in the City's Land Development Regulations (LDR), a restaurant use is required to maintain 51 percent or more of their gross monthly revenue from the sale of food items. The Brass Tap currently only sells beer and wine; however, the applicant is requesting a license to sell liquor. The sale of liquor is projected to increase revenues from the sale of alcohol to over 51% of total sales, which changes the use from a "Restaurant" to a "Bar & Nightclub" use per the LDR. A Bar use is allowed in the SMU zoning district only as a Conditional Use. The applicant's justification (Exhibit "B") explains that the establishment has a full service restaurant and even though he is adding a liquor license to be more competitive with other restaurants, the operation of the business will remain the same, including the full service kitchen. This application for conditional use does not involve any building or site modifications. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Fees associated with new business tax for a bar use. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 589 of 728 Is this a grant? Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Exhibit D Conditions of Approval D Development Order REVIEWERS: Department Reviewer Planning & Zoning Rumpf, Michael Development Mack, Andrew Assistant City Manager Groff, Colin Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Staff Report (COUS 16-006) Exhibit A - Location Map Exhibit B - Applicant's Justification Exhibit C - Conditions of Approval Post P Development Order Action Date Approved 11/4/2016 - 5:15 PPA Approved 11/7/2016 - 10:55 AM Approved 11/7/2016 - 12:17 PPA Approved 11/7/2016 - 12:20 PPA Approved 11/8/2016 - 8:48 AM Approved 11/8/2016 - 9:30 AM Page 590 of 728 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-042 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Kathleen Hatcher Senior Planner DATE: October 18, 2016 PROJECT: The Brass Tap (COUS 16-006) REQUEST: Conditional use approval for a Bar establishment in the SMU zoning district. PROJECT DESCRIPTION Property Owner: Morguard Boynton Town Center Inc. Applicant: Matthew Baum, Craftmade Boynton, LLC dba The Brass Tap Agent: Matthew Baum, Craftmade Boynton, LLC dba The Brass Tap Location: 950 N Congress Ave, Suite J-100 (see Exhibit "A" Location Map) Existing Land Use/Zoning: Mixed Use Suburban (MXS) / Suburban Mixed Use (SMU) Proposed Land Use/Zoning: No change proposed Proposed Use: Bar Project Size: 13.89 Acres Adjacent Uses: North: Commercial outparcels in Boynton Village zoned SMU, and to the northeast, undeveloped property approved for Cortina Multi - Family Buildings IV (384 units, 6 -story) and V (259 units, 6 story) zoned SMU; South: Commercial uses in Boynton Village zoned SMU, and farther south Boynton Town Center retail shopping center zoned C-3; Page 591 of 728 The Brass Tap COUS 16-006 Page 2 Memorandum No. PZ 16-042 East: Commercial uses in Boynton Village zoned SMU, and farther east right-of-way for Renaissance Commons Blvd, and Cortina townhouses (under construction) and undeveloped property approved for Cortina single family residences zoned SMU; and, West: Right-of-way for Congress Ave, and farther west, the Boynton Beach Mall zoned C-3. BACKGROUND The subject site and surrounding buildings are located along the "main street" (center portion) of the Boynton Village project, which is zoned SMU. The buildings are occupied by a variety of retail and commercial service uses. The applicant and business owner, Matthew Baum, has operated The Brass Tap establishment at this location for the past two (2) years. The Brass Tap has a full kitchen and is licensed as a restaurant use. However, as defined in the City's Land Development Regulations (LDR), a restaurant use is required to maintain 51 percent or more of their gross monthly revenue from the sale of food items. According to the applicant, The Brass Tap has approximately 45 percent of the gross monthly revenue from the sale of food and approximately 55 percent from the sale of alcoholic beverages. Therefore this establishment is not considered a restaurant, but a bar. A Bar use is allowed in the SMU zoning district only as a Conditional Use (pursuant to the LDR, Chapter 3, Article IV Use Regulations). This application is being filed in accordance with the LDR Chapter 2, Article II, Section 2.0 as established for conditional use requests which do not involve building or site modifications. PROPOSAL The applicant is requesting Conditional Use approval for a Bar to allow liquor sales at The Brass Tap located at Boynton Village in the Suburban Mixed Use (SMU) zoning district. Conditional Use approval is required in connection with the request for approval to sell liquor. The sale of liquor is projected to increase revenues from the sale of alcohol to over 51% of total sales, which changes the use from a "Restaurant' to a "Bar & Nightclub" use per the LDR. The applicant's justification (Exhibit "B") explains the establishment has a full service restaurant and even though he is adding a liquor license to be more competitive with other restaurants, the operation of the business will remain the same, including the full service kitchen. According to Part III (LDR), Chapter 1, Article II (Definitions), "Use, Conditional" is defined as a use that, because of special requirements or characteristics, may be allowed in a particular zoning district but only with conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. A conditional use is a use that that would not be appropriate generally, or without restriction, throughout a zoning district, however, if controlled as to area, location, number or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity and safety of the City. The LDR defines a Bar & Nightclub use as the following: BAR & NIGHTCLUB — Any licensed premise that is devoted predominately or totally, to the serving of alcoholic and / or intoxicating beverages or any combination thereof, for consumption at the licensed establishment. Leisurely dancing may occur or patrons Page 592 of 728 The Brass Tap COUS 16-006 Page 3 Memorandum No. PZ 16-042 may be entertained by live or recorded performers who dance, sing, play instruments, or perform other acts of entertainment (excluding adult entertainment). The service of food may be incidental to the service of the aforementioned beverages, activities, and entertainment. These establishments are known as but are not limited to the following: bars, cigar bars, cabarets, cocktail lounges, comedy clubs, dance clubs, discotheques, night clubs, piano bars, pubs, and saloons. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Part III (LDR), Chapter 3, Article IV, Section 4.0 contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to the following review standards, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of the following standards. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The site and surrounding buildings have been approved for retail and commercial service uses and were designed as such with points of ingress / egress along North Congress Avenue, Old Boynton Road, and Renaissance Commons Boulevard. Existing sidewalks are present throughout the site to provide safe pedestrian access to the building. No changes to vehicular circulation, traffic flow and control, or pedestrian access are being made with this request for conditional use approval. 2. Off-street parking and loading areas where required, with particular attention to the items in standard 1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The proposed bar use for The Brass Tap will utilize their existing tenant space in an already improved mixed-use development which fulfills current parking requirements per its original approval. The original Boynton Village project was approved with a mix of residential, retail, restaurant, and office uses. The required parking for commercial uses was based on a "shopping center' rate, which is one (1) parking space required per 200 square feet of gross leasable floor area. The proposed Bar and Nightclub establishment would fit under this category and thus, comply with the City's off-street parking requirements. No changes to the site (e.g., off-street parking, vehicular use areas, etc.) are being proposed with this request for conditional use approval. Deliveries would have the same impact as the existing restaurant use. No glare is expected from the proposed use. Any external noise Page 593 of 728 The Brass Tap COUS 16-006 Page 4 Memorandum No. PZ 16-042 generated from the building would be similar to other permitted uses allowed in the zoning district. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. Consistent with Comprehensive Plan policies and city regulations, existing refuse and service areas are already provided and currently in use for this location. The proposed Bar and Nightclub use does not require additional refuse or service areas above that which was already approved and constructed as part of the Boynton Village project. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are already available and currently in use for this location. The required interior plumbing fixtures, sanitary drains, or other utility -related upgrades were addressed when the lessee submitted plans to the Building Division for tenant build- out, and will be unaffected by the addition of the proposed use. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. As previously stated, no exterior modifications are proposed to accommodate the proposed use. The proposed use will have no effect on the existing landscaping, which has already been approved and found satisfactory through the original shopping center's site plan approval process. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The proposed Bar and Nightclub would not have any additional signage above that which is allowed by code. The photometric levels of the exterior parking lot lighting would not change as a result of the proposed use. The existing building is surrounded by other commercial buildings, and the exterior lighting from the Bar and Nightclub would be compatible and in harmony with the abutting commercial uses. 7. Required setbacks and other open spaces. The project is developed and no site modifications are proposed for this tenant. The proposed use will have no effect on the existing building footprint, which remains compliant with setback requirements per the original shopping center's site plan approval, and no effect on any existing open spaces. 8. General compatibility with adjacent properties and other property in the zoning district. The general design of the building will not be altered as a result of the introduction of this use into this mixed-use project. Boynton Village is a master planned development and all commercial buildings were designed to complement each other. It is logical, therefore, and very much expected that this type of development would attract a bar as a prospective tenant. Page 594 of 728 The Brass Tap COUS 16-006 Page 5 Memorandum No. PZ 16-042 As previously mentioned, the existing building is surrounded by other commercial buildings, and the proposed bar use would be compatible and in harmony with abutting commercial uses and other existing businesses in the area. The proposed use would provide a higher quality environment for residents, businesses, employees, and visitors alike and enhance their existing full service kitchen. There is no request for amplified sound or live entertainment and a noise nuisance will be not created for neighboring commercial or residential uses. However, in the future if live entertainment is proposed, whether amplified or non -amplified, a live entertainment permit will be required for this establishment (see Exhibit "C" — Conditions of Approval). 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The existing building was previously designed to comply with the height of the SMU zoning district. As previously stated, no exterior modifications are proposed to accommodate the proposed use. 10. Economic effects on adjacent and nearby properties, and the city as a whole. Bar establishments are common in commercial settings such as this, and are not expected to have a negative effect on neighboring properties or the city as a whole. The applicant has indicated that the establishment would continue with the full service kitchen, which is certainly supported by staff. With respect to the subject property, the economic benefit to the City is expected to result in a nominal increase in tax revenue as well as the collection of business tax receipts and fire assessment fees. The applicant currently has 18 employees and does not anticipate any additional employees for the requested bar use. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan. The SMU zoning district is intended to encourage a diversity of land uses, accommodating a mixture of residential, office, retail, recreational, and other miscellaneous uses, with an objective of compatibility and harmony with adjacent land uses and adjoining development. The proposed bar use would provide a public gathering place that would enhance the existing full service restaurant and be compatible with other uses. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the operational performance standards of Chapter 3, Article IV, Section 1. of the LDR and the Noise Control Ordinance, and City Code of Ordinances Part ll, Chapter 15, Section 15-8, conformance to the City of Boynton Beach Noise Control Ordinance. The proposed use would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. The proposed bar use should operate in a manner that is in compliance with the above -referenced codes and ordinances of the City of Boynton Beach. In accordance with the LDR, Chapter 3, Article IV, Section 4, a sound study certified by an acoustical engineer, is required with the submittal of a Conditional Use application for a bar establishment when it is located within 300 feet of a residential zoning district. The subject property is at least 1,000 feet from a residential zoning district. The playing of music, Page 595 of 728 The Brass Tap COUS 16-006 Page 6 Memorandum No. PZ 16-042 televisions or other video entertainment at volumes equal to or lower than normal conversation levels within the establishment, is construed to be accessory to the subject approval. Currently, live entertainment is not proposed for The Brass Tap. If it is proposed in the future, a Live Entertainment permit would be required for any floorshows or other forms of entertainment indoors or outdoors such as a DJ or karaoke to regulate amplified and non -amplified sound levels for compliance with the City's Noise Ordinance (see Exhibit "C"- Conditions of Approval). RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. Furthermore, pursuant to Chapter 2, Article II, Section 2.C.5, a time limit is to be set for a conditional use approval. Staff recommends that a period of 18 months be allowed to obtain a Business Tax Receipt for the proposed conditional use. S:\Planning\SHARED\WP\PROJECTS\Boynton Village - Boynton Town Center 1 \Brass Tap as Bar\COUS Staff Report.doc Page 596 of 728 �t a it i 41 14 t a � y Ow tj ales Elf r ht�u 6 ," i", � � ems`T, ro N 1:4,514 EXHIBITLOCATION MAP 1 Y w e " " 0 0.0275 0.055 0.11 mi A.1' s 0 0.0425 ...1 --age . 7 Q,f 7 8 Project: The Brass Tap Boynton Beach 4 Application: 4COP Quota License Date: August 30, 2016 EXHIBIT "B" The Brass Tap in Boynton Beach, FL has been in business for a little over two years. The Brass Tap is a franchise but owned and oQerated Throughout the first two years of operation, The Brass Tap, has operated with no complaints or issues. In fact. The Brass TaD has held nurte I ic ; nitTilm- o e consiffe-r-eU a "restaurant' —6-6-y-rifo- —n6eacff,-'5-f37o—of -your sales must be trom tood. 1 -he Brass Tap has approximately 45% of our sales from food, but for all intensive purposes we are a full service restaurant. We oyerate a full kitchen from the time we oyen until the time we that we are known for are, hamburgers, taco's, flatbreads, paninis and more. Iff -Cfy-cffa — TrURM-11 •- -•. =T31 ]REVP -tau of our sales, it helps eliminate the "no" vote for groups going out if they do not like beer. Adding liquor makes us more competitive with the other restaurants. If we were to meet the 51% minimum for food We-INTI&V nxt ke-sAjvLt-ti ti-fiS--dA,Xrr1!Vzi� process for our use. However, we do fall short, even if it is very close at 45-46% and therefore we are required to not only go through this approval process, but purchase a quota license on the open market which are currently around $100,000. 1 bring up our food sales percentage number to illustrate to everyone that we are indeed a full service restaurant and we plan to operate in the same upstanding manner we have over the past two plus years. 511111-111,117MVITIMMIRRM" one OF SnUT corne To The Brass Tap and check us out. Regards, Mathew Baum Page 598 of 728 EXHIBIT "C" Conditions of Approval Project Name: The Brass Tap File number: COUS 16-006 DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. A Live Entertainment Permit shall be required for any future live entertainment (musician, DJ, karaoke, etc) to regulate amplified and non -amplified sound levels for compliance with the City's Noise Ordinance. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined S:\Planning\SHARED\WP\PROJECTS\Boynton Village - Boynton Town Center 1 \Brass Tap as Bar COUS 16-006\COA.doc Page 599 of 728 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Brass Tap (COUS 16-006) APPLICANT: Matthew Baum, Craftmade Boynton, LLC dba The Brass Tap APPLICANT'S ADDRESS: 950 N Congress Avenue, Suite J-100, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2016 APPROVAL SOUGHT: Request for Conditional Use approval for a Bar & Nightclub to allow liquor sales at an existing restaurant at Boynton Village in the Suburban Mixed Use (SMU) zoning district. (Conditional Use approval is required in connection with the request for approval to sell liquor. The sale of liquor is projected to increase revenues from the sale of alcohol to over 51% of total sales, which changes the use from a "Restaurant" to a "Bar & Nightclub" use.) LOCATION OF PROPERTY: 950 N Congress Avenue JUSTIFICATION: SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Village - Boynton Town Center 1 \Brass Tap as Bar COUS 16-006\COUS 16-006 DOdoc Page 600 of 728 M PUBLIC HEARING 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Smart Starts Day Care (COUS 16-003/MSPM 16-006) - Approve request for Conditional Use approval associated with a request for Major Site Plan Modification approval for conversion of a 13,640 square foot office building to a day care facility and related site improvements, located at 3452 W. Boynton Beach Boulevard, in the C-1 (Office Professional) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. EXPLANATION OF REQUEST: Mr. Bradley Miller, representing MG3 3452 West Boynton LLC, is seeking Conditional Use / Major Site Plan Modification approval to convert a vacant 13,640 square foot office building to a day care operation for up to 200 children. The building has been vacant for approximately three (3) years and the site and access points fenced off in order to prevent any property damage and unlawful behavior. The subject property currently has one (1) point of full movement ingress and egress, which will be retained with the proposed plan, located near the southwest corner of the site. A new "right in — right out" driveway will be created at the northeast corner of the site, at Boynton Beach Boulevard, to enhance traffic circulation and site access. Required parking is calculated to be 46 spaces total, based on the 13,640 square foot day care building. The site plan depicts 52 parking spaces along the south and east sides of the building, inclusive of three (3) handicap parking spaces. The operator envisions hours of operation beginning at 6:30 AM and closing at 6:30 PM Monday through Friday. The closest residential structure to the outdoor play area is nearly 80 feet to the east, with two (2) layers of landscaping (one at the play area fence and the other at the east perimeter). The perimeter buffer abutting residential properties consists of a six (6) foot tall concrete panel wall and twelve (12) foot wide landscaped area with mature trees (20-24 feet in height, with 22-25 foot canopy spread). The day care use is generally compatible with the surrounding commercial/office uses and with the abutting residential development, as such uses are typically patronized by the residents within the neighborhood and workers in surrounding commercial/office buildings. Additionally, the large setback of the outdoor play area from residential property, and appropriate buffering further the compatibility. The Planning & Development Board recommended approval of this request at their October 25, 2016 meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. The proposed project will reutilize a long vacant building and, according to the applicant, employ 26 individuals. There will be permit fees associated with the building and site improvements and fees associated with the City's business tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 601 of 728 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: REVIEWERS: Department Type Description D Staff Report Staff Report D Location Map Exhibit "A" - Location Map D Drawings Exhibit B1 - Site Plan D Drawings Exhibit B2 - Site Plan Details D Drawings Exhibit B3 - Survey Sheet 1 D Drawings Exhibit B4 - Survey Sheet 2 D Drawings Exhibit B5 - Landscape Plan 1 D Drawings Exhibit B6 - Landscape Plan 2 D Drawings Exhibit B7 - Tree Disposition 1 D Drawings Exhibit B8 - Tree Disposition 2 D Drawings Exhibit B9 - Photometric Plan D Drawings Exhibit B10 - Floor Plan D Drawings Exhibit B11 - Color Elevations D Drawings Exhibit B12 - Roof Plan & Signage D Other Exhibit C - Applicant's Justification Statement D Conditions of Approval Conditions of Approval D Development Order Smart Starts Development Order REVIEWERS: Department Reviewer Action Date Planning & Zoning Rumpf, Michael Rejected 11/4/2016 - 12:01 PPA Planning & Zoning Breese, Ed Approved 11/4/2016 - 12:14 PPA Planning & Zoning Rumpf, Michael Approved 11/4/2016 - 5:13 PPA Development Mack, Andrew Approved 11/7/2016 - 11:01 AM Assistant City Manager Groff, Colin Approved 11/7/2016 - 12:18 PPA Finance Howard, Tim Approved 11/7/2016 - 12:20 PPA Legal Swanson, Lynn Approved 11/8/2016 - 8:47 AM City Manager LaVerriere, Lori Approved 11/8/2016 - 9:29 AM Page 602 of 728 M 0 Zkyj .101:2 IT, 114 ilq I d 01:41:7A IS Fla MZ11M TO.- Chair and Members Planning and Develolpment Board THRU: Michael Rumpf Planning and Zoning Director FROM- Ed Breese Principal Planner DATE: October 10, 2011 I1• 'XEQIIEST: Conditional Use approval associated with a request for Major Sitc Plan Modification approval for a 13,640 square foot day care facility and related site improvements, located at 3452 W. Boynton Beach Boulevard, in the C-1 (Office Professional) zoning district. Applicant/Agent Bradley Miller, Miller Land Planning, Inc. liq 1 1111 pl!111!11111'0� "10 � � � 11 !! I M a liiriz�E�Miq�. TJL6WJ W 0 �86 _Mms= Proposed Uses: Day care facility Acreage: 2.04 -acres / 88,724 square feet North: Right-of-way for Boynton developed commercial Commercial); Beach Boulevard and farther norm properties zoned C-3 (Communijg msgl�� East: Stonehaven residential development zoned PUD (Planned Unit Development); and Page 603 of 728 Smart Starts Day Care Staff Report COUS 16-003 / MSPM 16-006 Page 2 West: Right-of-way for Knuth Road, and farther west BP Gas Station and undeveloped land zoned PCD (Planned Commercial Development). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL Bradley Miller, representing MG3 3452 West Boynton LLC, is seeking Conditional Use / Major Site Plan Modification approval to convert a vacant 13,640 square foot office building to a day care operation for up to 200 children (see Exhibit "B"). The building has been vacant for approximately three (3) years and the site and access points fenced off in order to prevent any property damage and unlawful behavior. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit "C" — Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property currently has one (1) point of full movement ingress and egress, which will be retained with the proposed plan, located near the southwest corner of the site, and one (1) egress -only driveway located near the northwest corner of the site. With the proposed redesign of the site (Sheet PSP -1), the parking area immediately north of the building will be eliminated and a fenced outdoor play area created in its place. As a result, this egress -only driveway will be eliminated. A new "right in — right out" driveway will be created at the northeast corner of the site, at Boynton Beach Boulevard, to enhance traffic circulation and site access. Additionally, the pavement striping on Knuth Road will be altered Page 604 of 728 Smart Starts Day Care Staff Report COUS 16-003 / MSPM 16-006 Page 3 to create a dedicated left turn lane into the driveway located at the southwest corner of the site, for improved traffic movement along this stretch of the road. Pedestrian access to the site is proposed to be enhanced through the construction of a walkway along the south side of the day care building, extending westerly to connect with the existing sidewalk along the east side of Knuth Road, as well as a new sidewalk connection along the east side of the building to the sidewalk on Boynton Beach Boulevard. 2. Off-street parking and loading areas where required, with particular attention to the items in standard #1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The minimum parking required for day care uses is calculated at one (1) parking space per 300 square feet of gross floor area. Required parking is calculated to be 46 spaces total, based on the 13,640 square foot day care building. The site plan depicts 52 parking spaces along the south and east sides of the building, inclusive of three (3) handicap parking spaces. The operator envisions hours of operation beginning at 6:30 AM and closing at 6:30 PM Monday through Friday. Per Health Department requirements, parents are required to park and walk their child into the facility and sign them in and out, so there is no stacking of vehicles associated with a pick-up or drop-off line, like at typical public/private grade schools. A six (6) foot tall concrete panel wall and twelve (12) foot wide landscape buffer are proposed along the east perimeter of the site to buffer the residential development. Only one (1) house abuts this property line, while the balance of the residential development is separated from the property line by a width of approximately forty-five (45) feet, consisting of a landscape buffer and residential street right-of-way (Banyan Creek Circle West). 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The applicant intends to relocate the existing dumpster enclosure approximately 200 feet immediately to the north of its existing location on the east side of the property. The new location would be surrounded by mature trees (20-24 feet in height, with 22-25 foot canopy spread) and a six (6) foot tall concrete panel wall, in addition to the concrete dumpster enclosure and balance of the twelve (12) foot wide landscape buffer. Trash would be removed on a standard schedule and solid waste is not anticipated to increase significantly as a result of this application. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The Landscape Plan (Sheet L-1) and Tree Disposition Plan (Sheet TD -1) depict eighteen (18) large, mature canopy trees being retained on site, as well as a number of mature palm trees. The large Live Oak trees along the property frontage on Boynton Beach Boulevard will be retained and properly trimmed to provide a good buffer between the right-of-way and outdoor play area. The play area will be encompassed with a six (6) foot tall decorative aluminum fence and three (3) to four (4) layers of landscape material planted in an approximately twenty-five (25) foot wide landscape buffer, separating the play area from the rights-of-way of both Boynton Beach Boulevard and Knuth Road. Typical landscape material utilized in the design include existing Live Oak, Mahogany, Black Olive and various fruit Page 605 of 728 Smart Starts Day Care Staff Report COUS 16-003 / MSPM 16-006 Page 4 trees, along with the addition of Live Oak, Gumbo Limbo, Pidgeon Plum, Orange Geiger, and Green and Silver Buttonwood trees, Sabal and Montgomery palms to supplement the existing Coconut and Majesty palms, Cocoplum, Copperleaf, Marlberry, Croton, Beautyberry, and Small -leaf Clusia shrubs, as well as Blueberry Flax Lilly, Butterfly Bush, Perennial Peanut and Foxtail Fern groundcovers. Nearly all of the proposed plant material is list as low water consumption in the SFWMD WaterWise publication, with greater than 50% of the trees and nearly all of the shrubs and groundcovers being native. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The project proposes the installation of eleven (11) light poles on the site (Sheet E-1). In an effort to minimize glare and impact on surrounding properties, the light fixures will be installed at a maximum of fifteen (15) feet in height, with full cutoff design, and the light levels are depicted below the code maximum allowable 5.9 foot-candles. The distance of nearest light poles to the residential development to the east has been maximized to approximately sixty (60) feet away, with foot-candle readings of 0.0 at the property line, with mature trees, a six (6) foot tall concrete panel wall and twelve (12) foot wide landscape buffer in between. Relative to signage for the project, the applicant proposes an eight (8) foot tall internally illuminated monument sign, a minimum of ten (10) feet back from the NW corner of the site. The sign copy area will be forty (40) square feet in size and have a white acrylic face with black, yellow and blue copy. The proposed monument sign will be required to have two (2) layers of colorful shrubs around the base. An eighteen (18) square foot internally illuminated wall sign is proposed on the south building wall, utilizing the same graphics and colors as the monument sign. 7. Required setbacks and other open spaces. The renovated building to be utilized for the day care meets or exceeds the minimum setback requirements of the C-1 zoning district. Minimum setbacks are: front (north) required 30' — provided 106'; rear (south) required 20' — provided 132'; side corner (west) required 10' — provided 215; and interior side (east, abutting residential) required 30' — provided approximately 75'. The closest residential structure to the outdoor play area is nearly 80 feet to the east, with two (2) layers of landscaping (one at the play area fence and the other at the east perimeter). The perimeter buffer abutting residential consists of a six (6) foot tall concrete panel wall and twelve (12) foot wide landscape buffer with mature trees (20-24 feet in height, with 22-25 foot canopy spread). 8. General compatibility with adjacent properties, and other property in the zoning district. The day care use is generally compatible with the surrounding commercial/office uses and with the abutting residential property, as such uses are typically patronized by the residents within the neighborhood and workers in surrounding commercial/office buildings. Additionally, the large setback of the outdoor play area from residential property, and appropriate buffering discussed earlier further the compatibility. The existing building's design is extremely dated with the elongated mansard roof with blue cedar shake material. The applicant is proposing to remove the mansard and redesign the facade with pop-up features at each new impact window, the addition of awnings above each window, stucco score lines and medallions at intersecting score lines, as well as a new paint scheme utilizing Sherwin-Williams soft and cool blue and green accent colors on cool two-tone gray walls (Pop-up Features are proposed as "Resolute Blue'; Awnings are "Lounge Green; Primary Wall color is "Elder White'; and Base and Trim color is "Proper Gray'). Page 606 of 728 Smart Starts Day Care Staff Report COUS 16-003 / MSPM 16-006 Page 5 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The day care building is a one-story structure, with the typical parapet wall at a height of 12' - 6" and the pop-up features at 14' — 6", which is compatible with the structures on the adjacent properties, and under the maximum allowable height of 30' in the C-1 zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole, will be negligible, other than the enhanced condition of the property with the upgraded building and use on the site, permit fees, certificate of use fees and the 26 jobs created with the new business. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part 111, Chapter 4. Site Plan Review, of the City's Land Development Regulations. Relative to concurrency requirements, a traffic statement for the proposed project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. A traffic concurrency approval letter was received from Palm Beach County indicating that the project meets the standards, that 49 AM peak hour trips and 35 PM peak hour trips would be generated as a result of this project and that no permits are to be issued after the build -out date of 2017. School concurrency is not required for this type of project. As for the City's water and sewer concurrency review, the City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Solid Waste disposal capacity has been evidence through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. With incorporation of staff comments noted within Exhibit "D" — Conditions of Approval, the proposed project would comply with the requirements of applicable sections of city code and Land Development Regulations. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. As noted above, with the distance to residential units, and the buffer wall and intervening landscaping, noise associated with the operations should not be an issue. Any noise associated with the outdoor play area should be partially offset by the traffic noise along Boynton Beach Boulevard. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above -referenced codes and ordinances of the City of Boynton Beach. Page 607 of 728 Smart Starts Day Care Staff Report COUS 16-003 / MSPM 16-006 Page 6 RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and major site plan modification, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "D" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "D" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to receive the necessary building permits. 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I I I I I I I ? ? Z I I � III III � I I E ados II II II II II II adosdo°a _ I I I a> JNILSIX3 X3 III II II JNLLSIX3 - a> I Z I Q I J I d LL O 0 0 Z I I F U) X li ° li II m ° II li W � li I I 3 oWw o li II 3 li I a j g Ili o - J'Li'Li - r 3dO,S jOOd TJ3d .p 3dO,S jOOd I - °NIlSIX3 °NIlSIX3 - rr! According to Article IT, Section 4.C., Standards for Evaluating Conditional Uses, in evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety, and welfare of the community and make written findings certifying that satisfactory provisions has been made concerning all of the following standards, where applicable. Following are the standards and a response as to how each are addressed by this application. 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and 2ccess in case • fire or catastrophe; 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on .• and •' properties, and the city as a whole; Response: Parking for the property is addressed above in the Proposal section of ft justification statement. The day care will have a positive economic effect considering this building has been vacated for several years, therefore the new use will add ta'-1 benefits to the City. There will be not adverse impacts from glare, noise or odors. The sounds from the play area will be buffered by the location of the day care being separated by a six foot concrete panel wall and a 12' landscape buffer adjacent to the residential development to the east. There is currently an existing wood fence on the residential property line followed by a 15' buffer along with a 20' wide drive aisle in front of the majority of single family homes. Since the property is located on a corner and the play area fronts Boynton Beach Boulevard and Knuth Road, the noise will have no impact on the surrounding properties to the north and east. 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above; Response: The proposed day care will provide a refuse dumpster • the northeast side of the building with landscaping on both sides. Response: There are existing mature trees throughout the site and a 10 foot proposed landscape buffer along the north and west property line, a 12 foot landscape buffer along the east and a 5 foot compatible buffer along the south property line. Additional landscaping areas and plant material will be provided to the site within landscape strips Page 622 of 728 ■. a M IN PIM M. Mg FIT M- M- R11113211MI llter=! outside and within the play area fence and around the dumpster. The proposed are-" are shown on the provided Landscape Plan. I OWN Response: The existing monument sign at the northwest corner of the property will Its replaced and surrounded by two layers of colorful shrubs. Wall signage will be provid-*-" as indicated on the architectural elevation plan sheet. I AW . 11111111111 . a RIQUVRIMMIAR 0 4 - A W MoT Response: The proposed day care is on a corner lot surrounded by Boynton Bea Boulevard and an existing retail office building to the north and Knuth Road and g station to the west. To the south is and existing medical office and to the east is t t single family residential development. The day care will be screened from the adjace residential development by the 6' high concrete panel wall with 12 feet of landscaping the inside of the wall. There is currently an existing wood fence on the residenti property line. The proposed day care is compatible with the surrounding use and I provide a transitional use between the commercial office uses to the north, south a west and the residential use to the east. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; Response: The proposed day care will be in an existing building with minimal exteri'm renovations, new doors and windows and is in harmony with the adjacent commercialm • and residential buildings. Response: Considering that the day care will be replacing a vacant buildin that IEE Mpated�tc hav been vacated far several years, the development of the day care- is aft e positive economic effect on the adjacent and nearby properties. It will provide a u i that can be utilized by the residents of the adjacent and surrounding resident 1 - communities. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding -nixed use zoning district or redevelopment plan; and 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part 11, Chapter 15, Section 15-8. Page 623 of 728 0 I van The review of the provided Site Plan will satisfy the review criteria of Section 2.B.3. of the Lamt Development Regulations for a major site plan application to confirm compliance with the applicable land development regulations of setbacks, landscape buffers, parking, loading, building height, etc as this is an existing building with just a change of use. Based on the information provided, this application complies with the review criteria and regulations for the proposed modification to the site plan for Smart Starts Daycare and Conditional Use for the day care proposed for the vacant building on the corner of Boynton Beach Boulevard and Knuth Road. Page 624 of 728 EXHIBIT "D" Conditions of Approval Project Name: Smart Starts Day Care File number: COUS 16-003 / MSPM 16-006 Reference: 2nd review plans identified as a Maior Site Plan Modification with a September 20, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Drainage shall be modified to accommodate surface runoff for playground area at time of permit submittal. X 2. Existing drainage pattern at east property line shall be demonstrated to be maintained between the proposed wall and single-family residential development at time of permit submittal. X 3. Utility plans shall be provided at time of permit submittal. X FIRE Comments: None X POLICE Comments: None, all previous comments addressed. X BUILDING DIVISION Comments: None, all previous comments addressed. X PARKS AND RECREATION Comments: None X PLANNING AND ZONING Comments: 4. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. X Page 625 of 728 Smart Starts Day Care (COUS 16-003 / MSPM 16-006) Conditions of Approval Paae 2 of 2 DEPARTMENTS I INCLUDE REJECT 5. If the purpose of the electric drop adjacent to the existing monument sign is to power the sign, please place this electric run underground. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Smart Starts Day Care COUS 16-003/MSPM 16-006\COA post P&D.doc Page 626 of 728 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Smart Starts Day Care (COOS 16-003/MSPM 16-006) APPLICANT: Bradley Miller, Miller Land Planning APPLICANT'S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2016 APPROVAL SOUGHT: Conditional Use approval associated with a request for Major Site Plan Modification approval for conversion of a 13,640 square foot office building to a day care facility and related site improvements, located at 3452 W. Boynton Beach Boulevard, in the C-1 (Office Professional) zoning district. LOCATION OF PROPERTY: 3452 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Smart Starts Day Care\COUS 16-003/MSPM 16-006\DO.doc Page 627 of 728 9.C. PUBLIC HEARING 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-150 - Approve the issuance of a "Notice of Intent" (NOI #2016-01) to adopt pending amendments to the City's Land Development Regulations (LDR) related to the siting and installation of wireless communication facilities (WCF) located within rights-of-way in the City limits. EXPLANATION OF REQUEST: Request commencement of a temporary moratorium until June 1, 2017 to allow a study period for staff to review the need for modifications and to implement possible revisions to the LDR for WCF within rights-of- way. Currently, these micro -cell towers intended to fill in gaps in cellular coverage are regulated in Ch. 3, Art. V, Sec. 13. of the LDR as non -concealed WCF that include antennas attached to electric utility poles or light standards within rights-of-way. To date, there have been no formal application submittals for WCF in rights-of- way, however there is interest and proposals anticipated. Possible amendments to the LDR may regard compatibility and aesthetics, public safety and review procedures and criteria applicable to the siting and installation of WCF within rights-of-way. According to the City's Land Development Regulations (Chapter 1, Article IX) this process begins with the approval of the subject resolution, and then at the next Commission meeting (November 15th) the item is placed under public hearing to allow for public input and final action by the City Commission. If at the end of the study period additional time is required to complete the process, the City Commission may extend the study period by a majority vote. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Page 628 of 728 Grant Amount: ATTACHMENTS: Type D Resolution D Addendum REVIEWERS: Department Planning & Zoning Finance Legal City Manager Description Resolution for NOI (cell towers) NOI #2016-01 Reviewer Action Date Pyle, Judith Approved 10/26/2016 - 2:23 PPA Howard, Tim Approved 10/26/2016 - 2:27 PPA Swanson, Lynn Approved 10/27/2016 - 9:43 AM LaVerriere, Lori Approved 10/27/2016 - 2:04 PPA Page 629 of 728 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE OF INTENT" TO COMMENCE A TEMPORARY MORATORIUM, UNTIL JUNE 1, 2017, ON THE INSTALLATION OF OR SITING OF ANY WIRELESS COMMUNICATIONS FACILITY, AS DEFINED UNDER SECTION 365.172, FLORIDA STATUTES, IN ANY RIGHTS-OF-WAY WITHIN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING AN EFFECTIVE DATE WHEREAS, Ordinance 00-53 authorizes temporary moratoriums to allow the City staff and City consultants to study the need for modifications to City development regulations in response to trends on development or redevelopment in the City; and WHEREAS, the United States Supreme Court in its 2002 opinion in Tahoe -Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency recognized that the moratoria, or "interim development controls" as they are often called, are an essential tool of successful development; and, WHEREAS, based upon the above facts and recommendations from City Administration, the City Commission deems it necessary and to be in the best interests of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach, to impose a moratorium on processing, consideration, and the approval of any new applications or the issuance of any building permits, engineering permits, or development orders for the installation of or siting of any wireless communications facility as defined under Section 365.172, Florida Statutes, in any rights-of-way within the City of Boynton Beach, Florida until June 1, 2017; and, WHEREAS, the Commission deems it timely and in the best interest of the City and its residents to undertake review and revision of the zoning regulations as they relate to the siting, (00155557.2 306-9001821) Page 630 of 728 30 placement, and design of wireless communication facilities located within rights-of-way within 31 the City of Boynton Beach; and, 32 WHEREAS, the Commission has authority to initiate the review process by resolution 33 and issuance of a Notice of Intent; and, 34 WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a 35 formal announcement of said planning activities, and the period during which time all 36 applications related to the siting and placement of wireless communication facilities in the rights - 37 of -way within the City of Boynton Beach will not be accepted or processed; and, 38 WHEREAS, this Notice of Intent will be in effect from the date of adoption and 39 thereafter up to and including June 1, 2017, unless otherwise terminated or extended by the City 40 Commission by subsequent Resolution following public hearing; and, 41 WHEREAS, the Commission intends that this Resolution constitute zoning in progress 42 and the commencement of a temporary moratorium as a means of temporarily suspending the 43 processing, consideration, and the approval of any new applications or the issuance of any 44 building permits, engineering permits, or development orders for the installation of or siting of 45 any wireless communications facility as defined under Section 365.172, Florida Statutes, in any 46 rights-of-way within the City of Boynton Beach, Florida until June 1, 2017; and 47 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 48 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to protect the 49 public health, safety and welfare of its citizens and has the power and authority to enact 50 regulations for valid governmental purposes that are not inconsistent with general or special law; 51 and, 52 WHEREAS, the public health, safety and welfare is a legitimate public purpose (00155557.2 306-9001821) Page 631 of 728 53 recognized by the courts of the State of Florida. 54 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 55 CITY OF BOYNTON BEACH, FLORIDA, THAT: 56 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 57 being true and correct and are hereby made a specific part of this Resolution upon adoption 58 hereof. 59 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 60 issue the Notice of Intent attached hereto as Exhibit "A". 61 Section 3. That this Resolution shall become effective city-wide immediately upon 62 passage. 63 Section 4. The Notice of Intent shall be posted and copies provided as required by 64 Ordinance 000-053. 65 Section 5. No application for a development activity, permit, or Business Tax 66 Receipt, that is defined within the scope of the study shall be accepted or processed by the City, 67 following the date of adoption of this Resolution during the study period. 68 Section 6. The City Commission requests that the City Administration address in its 69 study the issues as identified in the Notice of Intent attached hereto as Exhibit "A". 70 71 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 72 (00155557.2 306-9001821) Page 632 of 728 73 PASSED AND ADOPTED this day of , 2016. 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) (00155557.2 306-9001821) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 633 of 728 NOTICE OF INTENT TO ADOPT PENDING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS NOI #2016-01 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare, in anticipation of amendments to the City's Land Development Regulations, a study period to implement revisions to the City's Land Development Regulations related to the siting and installation of wireless communication facilities in rights-of-way within the City of Boynton Beach. AFFECTED AREA All rights-of-way within the municipal boundaries of the City of Boynton Beach GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) A. The addition of development standards to ensure compatibility between adjoining properties and the wireless communication facilities that are placed in the rights-of-way within the City of Boynton Beach; and B. The addition of engineering and development standards to insure public safety is addressed with respect to the siting and installation of wireless communication facilities in the rights-of-way within the City of Boynton Beach C. Adoption of application processes or operational policies or review criteria applicable to the siting and installation of wireless communication facilities in rights-of-way within the City of Boynton Beach. D. Needed Land Development Regulations and standards that emphasize the value of beautification and aesthetics within neighborhoods and along roadway corridors within the City, and particularly emphasize and promote stealth equipment and collocation where possible. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED There are no specific regulations that have been identified for amendment. The study is intended to identify regulations that, if amended, would enhance public safety and promote sound planning, and preserve the aesthetic environment and quality of life, without effectively prohibiting the placement of wireless communication facilities in the rights-of-way within the City of Boynton Beach. EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE AMENDED (00155576.2 306-9001821) Page 634 of 728 Land Development Regulations, Chapter 3, "Zoning", Article V, "Supplemental Regulations", Section 13, "Wireless Communication Facilities (WCF)". PROJECTED TIME FRAME FOR STUDY From approval of the NOI by the City Commission, up to, and including, June 1, 2017. The planning study including formulation of recommendations is estimated to take 6 months. If additional time is required to complete the study due to the scope or magnitude of the regulatory changes, a request for extension may be requested by the Development Department. The City Commission, following public hearing on the request for extension may extend this Notice of Intent for an additional period of time as specified by the City Commission at the time of extension. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT Effective on adoption of this Notice, all the following applications shall be abated within the City during the study period: A. All new applications for wireless communication facilities in the rights-of-way; B. All new applications for building permits for wireless communication facilities in the rights-of-way. This Notice of Intent shall only apply to all complete applications submitted to the City after the Notice of Intent is executed. ADDITIONAL NOTICE 1. The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. 2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. 3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. 4. Notice shall be provided to the City's Planning and Development Board. Neither failure by the City Clerk to provide notice as set forth in this section nor the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: (00155576.2 306-9001821) Page 635 of 728 Adopted by Resolution number R16- of the City Commission of the City of Boynton Beach, Florida the day of , 2016. IM Office of the City Clerk (00155576.2 306-9001821) Page 636 of 728 I PUBLIC HEARING 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-021 - FIRST READING - PUBLIC HEARING - Approve the fifth extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. EXPLANATION OF REQUEST: The Workforce Housing Program (WHP) was approved in April of 2007 (Ord. 07-007) after the Boynton Beach Housing Needs Assessment Study by the Metropolitan Center of the Florida International University showed the need to address the workforce housing shortage had become urgent. The requirements of the Program targeted projects with densities exceeding ten dwelling units per acre, which meant that the majority of such projects would, in all likelihood, be located within the Community Redevelopment Area (CRA), but the Program would also cover any project citywide with a density of eleven du/acre and above. By the fourth quarter of 2007 the residential real estate market in Palm Beach County had already been in a downturn for nearly two years, and prices continued to fall. Consequently, the WHP ordinance (amended once in 2008) was never applied to any projects, as none were being built. Not until December 2011, when the weak signs of recovery appeared with renewed interest of developers in several City's sites the City Commission approved a two-year suspension, with the rationale based on a fear that the WHP's requirements may inhibit development and redevelopment activities, a particular concern in the downtown and surrounding areas. The goal then was to offer interim relief to stimulate development. Since December 15th, 2011 the City Commission has extended the workforce housing program suspension two (2) additional periods which currently ends on December 14th, 2016. Staff is recommending a further one (1) year suspension so that an updated housing need assessment can be completed, evaluated, and findings presented to the public and City Commission for potential changes to the Workforce Housing Program. See attached Development Department memo #16-005 outlining the proposed work plan and timeline. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on City programs and services. FISCAL IMPACT. Budgeted As part of the workforce housing program review the City has engage MetroStudy, Inc. to update the 2006 Housing Needs Assessment at a cost of $20,250 dollars. ALTERNATIVES: Do nothing and let the workforce housing program automatically renew on December 15th, 2016. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 637 of 728 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type REVIEWERS: Department Development Finance Legal City Manager Description Ordinance extending the suspension of the application and enforcement of the Workforce Housing Program for one year Development Dept Memo 16-005 (Workforce Housing) LDR.Chapter 1,Article .Section 2,Workforce Housing Program Reviewer Action Date Mack, Andrew Approved 11/4/2016 - 2:37 PPA Howard, Tim Approved 11/7/2016 - 8:06 AM Swanson, Lynn Approved 11/8/2016 - 12:00 PPA LaVerriere, Lori Approved 11/9/2016 - 4:17 PPA Page 638 of 728 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 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE V, SECTION 2, "WORKFORCE HOUSING PROGRAM", AMENDING SUB -SECTION I, "SUSPENSION OF PROGRAM" CONTINUING SUSPENSION OF APPLICATION OR ENFORCEMENT OF THE WORKFORCE HOUSING PROGRAM FOR A PERIOD OF ONE YEAR; PROVIDING FOR AUTOMATIC REIMPLEMENTATION OF APPLICATION AND ENFORCEMENT UPON THE EXPIRATION OF THE STATED TIME PERIOD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Workforce Housing Program was adopted by the City Commission on April 3, 2007; and WHEREAS, on December 6, 2011, the City Commission approved the suspension of the Workforce Housing Program for a period of two (2) years in order to offer interim relief to stimulate development; and WHEREAS, in December, 2013, 2014 and 2015, the City Commission extended the suspension, one more year based on a concern that the Workforce Housing Program's requirements may inhibit re-emerging but still weak development and redevelopment activities; and WHEREAS, staff believes that ending the suspension of the application and enforcement of the Workforce Housing Program and reinstating it with its current requirements can jeopardize the "as yet" fragile recovery therefore staff has been working on revisions to the program and plans to review the proposed changes with members of the development community; and WHEREAS, the City Commission has considered the recommendations and has determined and finds that it is in the best interest of the citizens and residents of the City of -1- C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D2BF2460-3FD4-498F-B92C-8386DD1C7A4E\Boynton Beach. 44221. Workforce Housing Program continue suspension (2016) - Ordinance.doc=��c Page 639 of 728 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 Boynton Beach, Florida to continue suspension of the application and enforcement of the Workforce Housing Program for a period of one (1) year. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. The Land Development Regulations of the City of Boynton Beach Code of Ordinances, Chapter 1, Article V, Section 2, "Workforce Housing Program" is hereby amended as follows: I. Suspension of Program. Commencing December 15, 2011 and ending December 14, -2 44 2017 application of the Workforce Housing Program is suspended and parties to whom it may apply are relieved of any compliance requirements. The Workforce Housing Program will automatically be re - implemented upon expiration of the suspension of the application and enforcement of the Program. Section 3. 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 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. 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 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. -2- C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D2BF2460-3FD4-498F-B92C-8386DD1C7A4E\Boynton Beach. 44221. Workforce Housing Program continue suspension (2016) - Ordinance.doc=��c Page 640 of 728 FIRST READING this day of , 2016. -3- C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D2BF2460-3FD4-498F-B92C-8386DD1C7A4E\Boynton Beach. 44221. Workforce Housing Program continue suspension (2016) - Ordinance.doc=��c Page 641 of 728 I SECOND, FINAL READING AND PASSAGE this day of , 2016. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello -4- VOTE YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\D2BF2460-3FD4-498F-B92C-8386DD1C7A4E\Boynton Beach. 44221. Workforce Housing Program continue suspension (2016) - Ordinance.doc=��c Page 642 of 728 DEPARTMENT OF DEVELOPMENT Memorandum No. 16-005 TO: Lori LaVerriere, City Manager VIA: Colin Groff, Assistant City Manager FROM: Andrew P. Mack, Director of Development / City Engineer DATE: October 5, 2016 SUBJECT: Workforce Housing Program BACKGROUND The Workforce Housing Program (WHP) was approved in April of 2007 (Ord. 07-007) after the Boynton Beach Housing Needs Assessment Study by the Metropolitan Center of the Florida International University showed the need to address the workforce housing shortage had become urgent. The requirements of the Program targeted projects with densities exceeding ten dwelling units per acre, which meant that the majority of such projects would, in all likelihood, be located within the Community Redevelopment Area (CRA), but the Program would also cover any project citywide with a density of eleven du/acre and above. By the fourth quarter of 2007 the residential real estate market in Palm Beach County had already been in a downturn for nearly two years, and prices continued to fall. Consequently, the WHP ordinance (amended once in 2008) was never applied to any projects, as none were being built. Not until December 2011, when the weak signs of recovery appeared with renewed interest of developers in several City's sites the City Commission approved a two-year suspension, with the rationale based on a fear that the WHP's requirements may inhibit development and redevelopment activities, a particular concern in the downtown and surrounding areas. The goal then was to offer interim relief to stimulate development. Since December 15tH 2011 the City Commission has extended the workforce housing program suspension two (2) additional periods which currently ends on December 14th, 2016. CURRENT REQUIREMENTS Workforce Housing Program regulations apply to development applications consistent with the following conditions: 1. Developments with a residential component for which any land use and/or zoning category permitting the density in excess often (10) dwelling units per acre, including the requests for planned development districts in cases where the desired future land use classification is already in place and allows such densities; 2. Major modification of a development site plan if (1) the previous approval includes a density in excess often (10) dwelling units per acre; and (2) such modification proposes more housing units than previously approved; and (3) the previous development approval was granted after April 3, 2007; in such a case, these regulations will apply to additional units only. The following percentage of workforce housing units must be incorporated into the development: High and Special High Density Residential - Twenty percent (20%) of the total number of proposed residential units. 2. Mixed Use -Fifteen percent (15%) of the total number of proposed residential units. Mixed Use Core - Ten percent (10%) of the total number of proposed residential units. The workforce units must be set aside for low income/moderate income households on the 25% to 75% split. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\09381 E6A-9787-450D-91 B8-44F63D916CC5\Boynton Beach.4390.1.16-005_MACK= _Workforce_Housing_R_Final.docx Page 643 of 728 DD Memorandum 16-005 Workforce Housing Program 11/03/16 Pg. 2 of 2 AREAS OF CONCERN/ISSUES 1. Data, statistics, and housing information contained in the 2006 Boynton Beach Housing Needs Assessment Study used to formulate the workforce housing program ordinance 407-007 is outdated and needs to be updated. 2. Sales price threshold establishing eligibility criteria for consideration of off-site and payment in -lieu options. 3. Payment in -lieu contribution amounts established in table 1-3 based on 2006 home price values. 4. Responsibility for, and funding of, ongoing monitoring and compliance. 5. Workload of staff on current and future strategic plan initiatives. WORK PLAN 1. Obtain an update to the 2006 Housing Needs Assessment, research successful workforce housing programs, conduct public meetings, and amend the land development regulations based on the findings from the report, public input, and best practices from comparable jurisdictions. 2. Review and amend current Land Development Regulations, Article V. Housing Initiatives, Section 2 Workforce Housing Program based on research and analysis from staff. a. Amend Section D "Off-site Options" to update the sales price thresholds and payment in -lieu table 1-3. b. Amend Section D.1 "Payment In -Lieu" to provide a similar mechanism for rental projects to contribute to Boynton Beach Housing Trust. c. Review Section C.1 "Eligibility Criteria" for potential changes to percentage requirements for number of mandatory workforce housing units. 3. Review feasibility of City fee reductions to incentivize participation in the workforce housing program. 4. Review feasibility of a linkage fee to be assessed on commercial development based on the need for workforce housing generated by new and expanding businesses to help fund the Boynton Beach Housing Trust. Based on initial conversations with vendors and review of the current workload of staff, staff is recommending the following timeline to complete the workforce housing special project. Item Duration Update housing needs assessment 60 to 90 days Report with recommendations 30 to 60 days Public/stakeholder meetings 30 to 60 days LDR amendments 30 to 60 days Final adoption 60 to 90 days Total Project Duration 12 Months RECOMMENDATIONS Staff is recommending a further one (1) year suspension so that an updated housing need assessment can be completed, evaluated, and findings presented to the public and City Commission for potential changes to the Workforce Housing Program. ALTERNATIVES Do nothing and let the workforce housing program automatically renew on December 15th, 2016. If you have any questions regarding my request or would like to discuss further please contact me in the office at 561.742.6374. Thank you. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\09381 E6A-9787-450D-91 B8-44F63D916CC5\Boynton Beach.4390.1.16-005_MACK= _Workforce_Housing_R_Final.docx Page 644 of 728 DD Memorandum 16-005 Workforce Housing Program 11/03/16 Pg. 3 of 3 Cc: Michael Rumpf, Planning and Zoning Director Hanna Matras, Senior Planner C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\09381 E6A-9787-450D-91 B8-44F63D916CC5\Boynton Beach.4390.1.16-005_MACK= _Workforce_Housing_R_Final.docx Page 645 of 728 ARTICLE V. HOUSING INITIATIVES Boynton Beach, FL Code of Ordinances Sec. 2. Workforce Housing Program. A. Findings. Page 1 of 7 1. Housing Shortage. The City Commission having conducted a Housing Needs Assessment (Attachment A) has determined that there is a housing shortage within the City of Boynton Beach that is affordable to the everyday working families and citizens of the city; 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using land use mechanisms not withstanding any other provision of law; 3. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing gap between housing costs and wages in the city; 4. Public Interest. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for low and moderate income persons in the city; 5. Sense of Community. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people can live and work in the same area; and 6. Housing Availability. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. B. Applicability. Except as otherwise provided in these Regulations, these Regulations shall apply to development applications consistent with the following conditions: 1. Developments with a residential component for which any land use and/or zoning category permitting the density in excess of ten (10) dwelling units per acre, including the requests for planned development districts in cases where the desired future land use classification is already in place and allows such densities; 2. Major modification of a development site plan if (1) the previous approval includes a density as described in Section 2.13.1 above; and (2) such modification proposes more housing units than previously approved; and (3) the previous development approval was granted after April 3, 2007; in such a case, these regulations will apply to additional units only; and 3. Developments whose previous approval was consistent with Section 2.13.1. above. C. Provisions. Developers maybe entitled to the requested higher density land use and zoning category if providing workforce housing units as stated below, subject to the limits and requirements of this article. 1. Eligibility Criteria. To be eligible for the requested higher density land use, the following percentage of workforce housing units must be incorporated into the development: Page 646 of 728 http://library.amlegal.com/alpscripts/get-content.aspx 11/3/2016 ARTICLE V. HOUSING INITIATIVES Page 2 of 7 a. High and Special High Density Residential - Twenty percent (20%) of the total number of proposed residential units in the development shall be designated as workforce housing units. b. Mixed Use -Fifteen percent (15%) of the total number of proposed residential units in the development shall be designated as workforce housing units. c. Mixed Use Core -Ten percent (10%) of the total number of proposed residential units in the development shall be designated as workforce housing units. d. Land Use, Zoning, and Density (Table 1-2). Land Use Zoning Maximum Classification Districts Density Planned Unit High Density Residential Development (PUD) 11 du/acre Infill Planned Unit 11 du/acre Development (PUD) Planned Unit Special High Density Development (PUD) 20 du/acre Residential (SHDR) Infill Planned Unit 20 du/acre Development (PUD) Mixed Use -Core (MXC) Mixed Use -High 80 du/acre Intensity (MU -H) Mixed Use -Low Intensity 1 (MU -L1) 20 du/acre Mixed Use (MX) Mixed Use-Low 30 du/acre Intensity 2 (MU -L2) 40 du/acre Mixed Use -Low Intensity 3 (MU -L3) 2. Household (Income) Type. Twenty-five percent (25%) of the total required workforce housing units shall be set aside for low income households. Seventy-five percent (75%) of the total required workforce housing units shall be set aside for moderate income households. 3. Fractions. If the required number of workforce housing units results in a fractional remainder greater than one-half (0.50), the number shall be rounded up. If the required number of workforce housing units results in a fractional number less than one-half (0.50), the number shall be rounded down. 4. Number of Units. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development unless a contrasting unit type is intended to address particular needs existing within the community at the time of approval and Page 647 of 728 http://library.amlegal.com/alpscripts/get-content.aspx 11/3/2016 ARTICLE V. HOUSING INITIATIVES Page 3 of 7 substantiated by written evidence such as related reports or data. If the application involves a major modification of an existing development, only the additional units are used in determining the required unit mix. 5. Unit Size and Construction. All units shall meet the requirements for unit size and construction as specified in this chapter and meet all required Land Development Regulations and applicable building codes. 6. Staff Approval. At the time of application for land use classification amendment and rezoning category change the project must be reviewed and signed off by the Community Improvement Division of the city as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as workforce. 7. Site Plan. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data. 8. Sale Restrictions. Workforce housing units shall include those units in a development, which are regulated in terms of: a. Initial sales price or rent levels; and b. Subsequent resale prices or leasing rates. c. If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards. 9. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the restrictive covenant and agreement shall be recorded in the public records of Palm Beach County. The term of the restrictive covenant shall be thirty (30) years. A copy of the recorded covenant and agreement shall be provided to the city prior to the issuance of the building permit. D. Off-site Options. Developers are required to include workforce housing units in any development in which special high density residential, mixed use or mixed use core land use is requested. However, in the case of developments in which eighty percent (80%) of the residential unit sales prices will exceed five hundred thousand dollars ($500,000), paving a fee in lieu of creating the workforce housing units on-site donating land, purchasing and donating market rate units or building off-site for the required number of workforce housing units may be permitted at the recommendation of the Community Improvement Department. In any case where off-site options are permitted, twenty-five percent (25%) of the total required workforce housing units shall be built on-site of the subject development. Off-site options are not applicable to rental developments. All required workforce housing units must be constructed within the subject development. 1. Payment In -Lieu (Table 1-3). Contribute the per unit price listed in the table below to the Boynton Beach Housing Trust to be utilized subsidize the creation of workforce housing within the city in -lieu of fees shall be paid in full prior to the issuance of building permit. Page 648 of 728 http://library.amlegal.com/alpscripts/get-content.aspx 11/3/2016 ARTICLE V. HOUSING INITIATIVES Page 4 of 7 Payment In Lieu for Creating Required Workforce Housing Units (per unit required) One Bedroom $ 6000 Two Bedroom $ 8000 Three+ Bedroom $ 10000 2. Donate Land. The value of the land shall equal or exceed the total "in -lieu of fee for all required workforce units or shall be of sufficient size to develop the same number of required units. The value of the donated land must be verified by a MAI appraisal no more than three (3) months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final certificate of occupancy for the development. 3. Off -Site Construction. The required workforce housing units may be built off-site. All off-site workforce housing units shall comply with all sections of these Regulations. Building permits shall be issued for a minimum of fifty percent (50%) of the required workforce housing units to be constructed off-site prior to the issuance of the first certificate of occupancy in the subject development. All off-site workforce housing units must receive a certificate of occupancy prior to the issuance of more than seventy-five percent (75%) of the certificate of occupancies in the subject development. 4. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. A minimum of fifty percent (50%) of the units must be purchased and deeded to the city or deed restricted prior to the issuance of the first certificate of occupancy in the subject development. All workforce housing units shall be purchased and deeded to the city or deed restricted prior to issuance of more than seventy-five percent (75%) of the certificate of occupancies in the subject development. E. Rental Housing Units. 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for thirty (30) years. 2. Rental Rates. a. Units targeted to low income households at fifty percent (50%) to the eighty percent (80%) of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed one hundred percent (100%) of the HUD determined fair market rent for the area. Page 649 of 728 http://library.amlegal.com/alpscripts/get-content.aspx 11/3/2016 ARTICLE V. HOUSING INITIATIVES Page 5 of 7 b. Units targeted to moderate income households at eighty percent (80%) to the one hundred twenty percent (120%) of the Palm Beach County median income, adjusted for family size, shall not exceed one hundred percent (100%) of the HUD determined fair market rent for the area. 3. Tenant Income Qualification. Tenant income qualification records shall be maintained on-site and a yearly report shall be forwarded to the Community Improvement Division of the City of Boynton Beach for compliance determination. F. For -Sale Housing Units. 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to the Land Development Regulations of the city. The restrictive covenant shall remain in force for thirty (30) years. The form of deed for workforce housing units shall be approved by the City Attorney. 2. Resale. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements. a. All workforce housing unit owners shall notify the city immediately that the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of refusal to purchase the units. b. All workforce housing units are to be resold only to low or moderate income qualified households at an attainable housing cost for each targeted income range. 3. Required Occupancy. Purchasers of workforce housing units shall be required to occupy the unit. 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which is in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the city/CRA, or their designee. 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on the basis of: a. An available fixed-rate thirty (30) -year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty (30) -year mortgage at this lower rate for all workforce housing units required for the covered project; b. A down payment of no more than ten percent (10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price; c. A calculation of property taxes; and d. A calculation of homeowner insurance, mortgage insurance, homeowner association fees, property management fees and other closing costs. 6. Compliance. Prior to request for final certificate of occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, Page 650 of 728 http://library.amlegal.com/alpscripts/get-content.aspx 11/3/2016 ARTICLE V. HOUSING INITIATIVES Page 6 of 7 documentation sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the workforce housing units, proof of recordation of restrictive covenant in approved form. G. Resale Requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: 1. Location of Units. All workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market -rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market -rate units. 2. Integration. Workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain comparable HV/AC systems as market rate units. 3. Number of Units. The developer shall provide workforce housing units that include unit types in the same proportion as the market rate housing units unless a contrasting unit type is intended to address particular needs existing within the community at the time of approval and substantiated by written evidence such as related reports or data. a. If the development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc.), the proportion of workforce housing units of each type to total workforce housing units must be approximately the same as the proportion of market rate units of each type to total market rate units. b. If the development includes both for sale and for rent units, the proportion of for rent workforce housing units to for sale workforce housing units must not exceed the proportion of for rent market rate units to for sale market rate units. c. The number of bedrooms per unit must be proportionate between workforce and market rate units. 4. Construction Phasing. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. 5. Lot Premiums. There shall be no lot premiums charged on the workforce housing units. 6. Sales Price. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. 7. City Approval. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city. H. Monitoring and Compliance. 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify that the workforce housing units are sold to buyers whose income does not exceed one hundred twenty percent (120%) of median household income for Palm Beach County as set by HUD. The conditions will also specify the requirements for reporting to the city's Community Page 651 of 728 http://library.amlegal.com/alpscripts/get-content.aspx 11/3/2016 ARTICLE V. HOUSING INITIATIVES Page 7 of 7 Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions. 2. Surety. At the time of request for final certificate of occupancy for the development, if the workforce housing units have not been sold to income qualified persons, the developer shall deposit in the form of a surety bond, the amount equal to one hundred ten percent (110%) of the applicable "in- lieu" of fee to the city's Housing Trust Fund. Upon verification that the required number of workforce housing units has been sold to income qualified persons, the surety will be released. 3. Enforcement. The city may enforce the requirements of the Workforce Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant. 4. Annual Report. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of the Workforce Housing Ordinance, including but not limited to the number of units created, leased and sold. L Suspension ofProgram. Commencing December 15, 2011 and ending December 14, 2016 application of the Workforce Housing Program is suspended and parties to whom it may apply are relieved of any compliance requirements. The Workforce Housing Program will automatically be re -implemented upon expiration of the suspension of the application and enforcement of the Program. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-031, passed 12-6-11; Am. Ord. 13-034, passed 12-3- 13; Am. Ord. 14-035, passed 1-6-15; Am. Ord. 15-031, passed 12-1-15) Page 652 of 728 http://library.amlegal.com/alpscripts/get-content.aspx 11/3/2016 12.A. NEW BUSINESS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-158 -Authorize issuance of $23,000,000 principal amount of Utility System Revenue Bond, Series 2016 in order to pay for capital improvements to the City's Utility System and to pay for certain costs of issuing the Series 2016 Bonds. EXPLANATION OF REQUEST: The City Commission passed Resolution R16-084 on July 5, 2016 authorizing staff to evaluate financing of various capital projects with a Utility System Revenue Bond not exceeding $23,000,000. Due to favorable market conditions, the City's Financial Advisor, Jay Glover of The PFM Group, issued an RFP on September 22, 2016 to provide funding for capital expenditures relating to the City's water, sewer and storm water utility system. The RFP outlined that the City was looking for the Utility System Revenue Bonds, Series 2016 in an amount not to exceed $23 million, a repayment term of approximately 15 years and desired to have optional prepayment flexibility. Proposals were due on Thursday, October 22, 2016, four (4) proposals were received from the following firms: Bank of America, Capital One Public Funding, JP Morgan Chase Bank, and Raymond James. Proposals were reviewed by Jay Glover, City's financial advisor, Mark Raymond, City's bond counsel and Tim Howard, City's Assistant City Manager -Administrative Services. Based on Public Financial Management, Inc. (PFM), the City's financial advisors, review of the four proposals, it was determined that Raymond James Capital Funding, Inc. - a non-bank subsidiary of Raymond James Bank (the "Lender") provided the best proposal when considering interest rates, prepayment flexibility, and other terms/conditions. Raymond James offered a fixed interest rate of 2.45%, final maturity of 11/1/31 and is callable on or after November 1, 2026 at par. The proposed interest rate is locked through the proposed closing date of November 18, 2016. The closing for the Utility System Revenue Bonds, Series 2016 is scheduled for November 18, 2016 and the interest rate of 2.45% is locked through November 18, 2016. This Resolution of the City of Boynton Beach will: 1. Authorize the City to Issue Utility System Revenue Bond, Series 2016 not to exceed $23M to finance capital improvements to the City's Utility System. 2. Award the Utility System Revenue Bond, Series 2016 to Raymond James Capital Funding, Inc. (Exhibit A) 3. Approve the form and terms of the Series 2016 Bond. (Exhibit B) 4. Appoint a Paying Agent and Registrar for the Series 2016 Bond as the City's Clerk. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Issuance of the bonds will allow the Utility Department to advance its Capital Improvement Plan. Bond proceeds will finance both improvement as well as renewal and replacement projects. Projects funded with the bond proceeds include pipeline rehabilitation in various neighborhood locations, water reuse distribution, completion of East Plant rehabilitation and ion exchange, and Seacrest Corridor improvement projects. Currently the City has two (2) outstanding Utility System Revenue Bonds: Page 653 of 728 1) 2002 Issue - $15,680,000 is currently outstanding and is scheduled to be paid off in the year 2020. 2) 2012 Issue - $44,645,000 is currently outstanding and is scheduled to be paid off in the year 2036. The current debt service payment on the two (2) outstanding bonds is approximately $6.1 M for next year and with this additional financing it is estimated to increase to $6.60M -$6.8M. FISCAL IMPACT. Non -budgeted The issuance of the Utility System Revenue Bond, Series 2016 in the amount of $23M with an interest rate of 2.45% will increase annual debt service payments by approximately $563,500. There will be no increase to property taxes nor will the General Fund be tapped to fund the debt service of the new bond issue. The repayment of Utility Revenue Bond debt will come solely from the revenues of the Utility System. ALTERNATIVES: Do not proceed with issuing the Utility System Revenue bond, Series 2016. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution -Utility Syst Rev Bonds 2016 D Exhibit Exhibit A& B D Memo PFM Recommendation REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 11/312016 - 5:00 ISM Finance Howard, Tim Approved 11/3/2016 - 5:00 ISM Legal Swanson, Lynn Approved 11/0/2016 - 10:15 AM City Manager LaVerriere, Lori Approved 11/0/2016 - 4:16 ISM Page 654 of 728 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. RI 6- A SERIES RESOLUTION PROVIDING FOR THE ISSUANCE OF $23,000,000 OF ITS UTILITY SYSTEM REVENUE BOND, SERIES 2016; PROVIDING A METHOD FOR FIXING AND DETERMINING THE PRINCIPAL AMOUNT, INTEREST RATE, MATURITY DATE, REDEMPTION PROVISIONS AND OTHER DETAILS OF SAID BOND; AUTHORIZING THE SALE OF THE BOND TO RAYMOND JAMES CAPITAL FUNDING INC.; FINDING NECESSITY FOR A NEGOTIATED SALE OF SUCH BOND; PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF SAID BOND AND CERTAIN OTHER MONEYS; DESIGNATING THE BOND REGISTRAR FOR SAID BOND; CONTAINING CERTAIN AUTHORIZATIONS AND OTHER PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, Florida (the "City") is authorized by the Constitution and laws of the State of Florida, including the City's Charter and Chapter 166, Florida Statutes, to issue revenue bonds of the City payable from Pledged Revenues (as defined in the Bond Resolution hereinafter defined mentioned) for certain purposes; and WHEREAS, pursuant to Resolution No. R 92 96 adopted by the City Commission of the City (the "City Commission") on June 16, 1992, as amended (the "Bond Resolution") obligations of the City may be issued and may be secured by a lien upon and pledge of certain "Pledged Revenues" as defined in and to the extent set forth in the Bond Resolution; and WHEREAS, the City desires to issue a Bond (the "Series 2016 Bond") under the Bond Resolution to provide funds, together with available funds of the City, to pay costs of capital improvements to the City's Utility System and to pay certain costs of issuing such Series 2016 Bond; and WHEREAS, prior to the issuance of the Series 2016 Bond the conditions set forth in Section 209 of the Bond Resolution shall be satisfied; and WHEREAS, the City Commission has determined that the sale of such Series 2016 Bond through negotiation with the Lender (hereinafter defined) is in the best interest of the City; and WHEREAS, the City Commission has received from Raymond James Capital Funding, Inc. (the "Lender") the proposal attached hereto as Exhibit A (the "Proposal") whereby the Lender proposes to make a loan to the City to be evidenced by the Series 2016 Bond, and the City Commission has determined that the authorization of the acceptance of such proposal pursuant to the terms set forth in Section 6 hereof is in the best interests of the City and will effect the purposes set forth in the Bond Resolution; and WHEREAS, it is necessary and desirable to specify a method for determining the dates, the interest rates, maturity dates and redemption provisions for such Series 2016 Bond; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Charter of the City of Boynton Beach, Florida, the Constitution of the State of Florida, including, but not limited to, Article VIII, Section 2 thereof, and other applicable Page 655 of 728 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 provisions of law, including Chapter 166, Florida Statutes, and the Bond Resolution. Section 2. Definitions. Terms used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the Bond Resolution. The following terms, when used in this Resolution or in the Bond Resolution, as amended hereby, shall have the following meanings: "Authorized Representative" means the Mayor or Vice -Mayor, and in the absence or inability to act of the Mayor or Vice -Mayor, the City Manager or any other City Commissioner (the absence or inability to act of the Mayor of Vice -Mayor as to any particular action being conclusively established by the taking of such action by the City Manager or other City Commissioner). "Business Day" shall mean any day other than a Saturday, Sunday or other day on which the Payment Office of the Lender (as defined in the Series 2016 Bond) is lawfully and temporarily closed. "Closing Date" shall mean the date on which the Series 2016 Bond are issued and delivered by the City and paid for by the Lender. "Interest Payment Date" shall mean May 1 and November 1 of each year, commencing May 1, 2017. Section 3. Authorization of Bond. A Bond is hereby authorized to be issued pursuant to this Resolution and Section 209 of the Bond Resolution in the principal amount of $23,000,000. The Bond hereby authorized shall be known as "Utility System Revenue Bond, Series 2016" (the "Series 2016 Bond"). Prior to the issuance of the Series 2016 Bond the conditions of Section 209 of the Bond Resolution shall be satisfied. The Series 2016 Bond is being issued for the principal purpose of providing funds to pay for capital improvements to the Utility System. Section 4. Terms of the Series 2016 Bond. (a) Form of Bond. The Series 2016 Bond shall be substantially in the form attached hereto as Exhibit B, with such changes as may be necessary or appropriate to conform to the provisions of this Resolution and the terms of the Series 2016 Bond set forth herein as may be approved by the officers of the City executing the Series 2016 Bond, such execution to be conclusive evidence of such approval. (b) Amounts, Maturities, Redemption Provisions and Interest Rates. The Series 2016 Bond shall be issued as a single bond for the entire principal amount of the Series 2016 Bond, shall be issued in registered form, shall be numbered R-1, shall be dated the date of its initial issuance and delivery, and shall bear interest from such date, payable on the Interest Payments Dates. The Series 2016 Bond shall be issued on such date, in the amount of $23,000,000, shall bear interest at the rate of 2.45% per annum (subject to adjustment as provided in the Series 2016 Bond), computed on the basis of a 360 day year consisting of twelve 30 day months, not in excess of the maximum legal rate, and shall mature on November 1 of the years and shall have such prepayment or redemption provisions, all as set forth in the Series 2016 Bond, and as shall be consistent with the Proposal. (c) Reserve Account Requirement. The Reserve Account Requirement for the Series 2016 Bond shall be zero. 2 Page 656 of 728 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Section 5. Approval of Sale of the Series 2016 Bond. The City hereby determines that a negotiated sale of the Series 2016 Bond to the Lender is in the best interest of the City and the citizens and inhabitants of the City by reason of the volatility of the market for tax exempt bonds. Prior to the issuance of the Series 2016 Bond, the Lender shall file with the City the disclosure statement required by Section 218.385, Florida Statutes, and the competitive bidding for the Series 2016 Bond is hereby waived pursuant to the authority of Section 218.385(1), Florida Statutes. Section 6. Execution and Delivery of the Series 2016 Bond. The Authorized Representative and the City Clerk are hereby authorized and directed on behalf of the City to execute the Series 2016 Bond as provided in the Bond Resolution and such officials are hereby authorized and directed upon the execution of the Series 2016 Bond in the form and manner set forth herein and in the Bond Resolution to deliver the Series 2016 Bond in the amount authorized to be issued hereunder to the Bond Registrar for authentication (upon the satisfaction of the conditions of Section 209 of the Bond Resolution) and delivery to or upon the order of the Lender upon payment of the purchase price set forth herein. Section 7. Application of Proceeds. Proceeds from the sale of the Series 2016 Bond shall be applied for the purposes described herein as provided in a certificate executed by the Authorized Representative at or prior to the issuance of the Series 2016 Bond. Section 8. Amendments to Bond Resolution Applicable to Series 2016 Bond. Pursuant to the authority of Section 1001(a), (b), (c) and/or (d) of the Bond Resolution, and with the consent of the Bondholders of the Series 2016 Bond (which shall be deemed given by their acceptance of the ownership thereof), notwithstanding anything to the contrary contained in the Bond Resolution: (a) The City Clerk shall serve as Bond Registrar with respect to the Series 2016 Bond; and (b) The provisions of Article III of the Bond Resolution regarding "redemption" do not apply to the Series 2016 Bond, and the Series 2016 Bond shall be subject to prepayment as provided therein. Section 9. Compliance with Tax Requirements. The City hereby covenants and agrees, for the benefit of the Bondholders from time to time of the Series 2016 Bond, to comply with the requirements applicable to it contained in Section 103 and Part IV of Subchapter B of Chapter 1 of the Internal Revenue Code of 1986, as amended (the "Code") to the extent necessary to preserve the exclusion of interest on the Series 2016 Bond from gross income for federal income tax purposes. Specifically, without intending to limit in any way the generality of the foregoing, the City covenants and agrees: (1) to pay to the United States of America from, to the extent legally available, the funds and sources of revenues pledged to the payment of the Series 2016 Bond, and from any other legally available funds, at the times and to the extent required pursuant to Section 148(f) of the Code, the excess of the amount earned on all non -purpose investments (as defined in Section 148(f)(6) of the Code) (other than investments attributed to an excess described in this sentence) over the amount which would have been earned if such non purpose investments were invested at a rate equal to the yield on the Series 2016 Bond, plus any income attributable to such excess (the "Rebate Amount"); (2) to maintain and retain all records pertaining to and to be responsible for making or 3 Page 657 of 728 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 causing to be made all determinations and calculations of the Rebate Amount and required payments of the Rebate Amount as shall be necessary to comply with the Code; (3) to refrain from using proceeds from the Series 2016 Bond in a manner that would cause the Series 2016 Bond to be classified as a private activity bond under Section 141(a) of the Code; and (4) to take or refrain from taking any action that would cause the Series 2016 Bond to become an arbitrage bond under Section 103(b) and Section 148 of the Code. The City understands that the foregoing covenants impose continuing obligations on the City to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter 1 of the Code so long as such requirements are applicable. Unless otherwise specified in the Certificate as to Arbitrage and Other Tax Matters delivered in connection with the issuance of the Series 2016 Bond, the City shall designate a certified public accountant, Bond Counsel, or other professional consultant having the skill and expertise necessary (the "Rebate Analyst") to make any and all calculations required pursuant to this Section regarding the Rebate Amount. Such calculation shall be made in the manner and at such times as specified in the Code. The City shall engage and shall be responsible for paying the fees and expenses of the Rebate Analyst. Section 10. Authorizations. The Authorized Representative, the City Clerk and the Assistant City Manager -Administrative Services are hereby jointly and severally authorized to do all acts and things required of them by this Resolution or the Bond Resolution, or desirable or consistent with the requirements hereof or thereof, for the full, punctual and complete performance of all terms, covenants and agreements contained in the Series 2016 Bond, the Bond Resolution and this Resolution, and to make any elections necessary or desirable in connection with the arbitrage provisions of Section 148 of the Code. Section 11. Business Days. In any case where the scheduled date for payment of principal, premium, if any, or interest of the Series 2016 Bond is not a Business Day, then such payment of principal, premium, if any, or interest need not be made on such date but may be made on the next succeeding Business Day, provided, however, that interest shall continue to accrue to and shall be payable on such succeeding Business Day. Section 12. Provisions Required by the Lender. (a) This Section 12(a) concerns the resolution of any controversies or claims between the City and the Bondholder of the Series 2016 Bond, whether arising in contract, tort or by statute, that arise out of or relate to the Bond Resolution or the Series 2016 Bond (collectively a "Claim"). For the purposes of this provision only, the term "Bondholder" shall include any parent corporation, subsidiary or affiliate of the Bondholder involved in the servicing, management or administration of any obligation described or evidenced by the Bond Resolution or the Series 2016 Bond. The City, and the Bondholder by acceptance of the Series 2016 Bond, irrevocably and voluntarily waive any right they may have to a trial by jury in respect of any Claim. (b) The City shall within 270 days after the end of each of its Fiscal Years furnish to the Bondholder of the Series 2016 Bond the financial statements of the City for such Fiscal Year, together with an audit report of an independent certified public accountant to the effect that such audit has been conducted in accordance with generally accepted auditing standards and M Page 658 of 728 I stating whether such financial statements present fairly in all material respects the financial 2 position of the City and the results of its operations and cash flows for the periods covered by 3 the audit report, all in conformity with generally accepted accounting principles applied on a 4 consistent basis. The City shall also furnish to the Bondholder of the Series 2016 Bond, within 5 thirty days after the end of each Fiscal Year, the annual budget of the City, and within thirty 6 days after written request therefor such other information, other than any information required 7 or permitted by law to be confidential, respecting the affairs, condition and/or operations, 8 financial or otherwise, of the City, as the Bondholder may reasonably request. 9 10 (c) The City shall within ten Business Days after it acquires knowledge thereof, notify the 11 Bondholder in writing at the Payment Office of the Lender of the happening, occurrence, or 12 existence of any Event of Default and any event or condition which with the passage of time 13 or giving of notice, or both, would constitute an Event of Default, and shall provide the 14 Bondholder, with such written notice, a detailed statement by a responsible officer of the City 15 of all relevant facts and the action being taken or proposed to be taken by the City with 16 respect thereto. Regardless of the date of receipt of such notice by the Bondholder, such date 17 shall not in any way modify the date of occurrence of the actual Event of Default. 18 19 (d) It shall be an Event of Default if the City shall fail to observe and perform any covenant, 20 condition or agreement on its part to be observed or performed under this Resolution for a 21 period of thirty days after the earlier of (i) the date written notice specifying such failure and 22 requesting that it be remedied, is given to the City by the Bondholder or (ii) the date the City 23 was required to give notice of the event or condition to the Bondholder pursuant to this 24 Resolution, unless the Bondholder shall agree in writing to an extension of such time prior to 25 its expiration. 26 27 (e) Notwithstanding anything to the contrary in Section 801(i) of the Bond Resolution, the 28 failure of cure an Event of Default under Section 801(i) of the Bond Resolution within sixty 29 days of the occurrence thereof shall be an Event of Default. 30 31 (f) No modification or amendment of this Resolution or of any resolution amendatory hereof 32 or supplemental hereto may be made except with the written consent of the Bondholder. No 33 modification or amendment to Article V, Sections 701 and 706, Article VIII, Article X and 34 Article XI of the Bond Resolution (or the definitions referenced therein) may be made without 35 the written consent of the Bondholder. 36 37 Section 13. Resolution to Constitute a Contract. In consideration of the purchase and 38 acceptance of the Series 2016 Bond authorized to be issued hereunder by those who shall be 39 the holders thereof from time to time, this Resolution shall constitute a contract between the 40 City and such holders, and all covenants and agreements herein and in the Bond Resolution 41 set forth to be performed by the City shall be for the equal benefit and security of all of the 42 holders. 43 44 Section 14. No Implied Beneficiary. With the exception of any rights herein 45 expressly conferred, nothing expressed or mentioned in or to be implied from this Resolution 46 or the Series 2016 Bond is intended or shall be construed to give any person other than the 47 City, the Lender and the Bondholder, any legal or equitable right, remedy or claim under or 48 with respect to this Resolution or the Bond Resolution or any covenants, conditions, and 49 provisions herein contained; this Resolution and the Bond Resolution and all of the covenants, 50 conditions and provisions hereof and thereof being intended to be and being for the sole and 51 exclusive benefit of the City, the Lender and the Bondholder. 52 Page 659 of 728 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 15. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not effect any other provision herein or render any other provision (or such provision in any other context) invalid, inoperative or unenforceable to any extent whatsoever. Section 16. Repealer. All Resolutions or parts thereof of the City in conflict with the provisions herein contained or, to the extent of any such conflict, hereby superseded and repealed. Section 17: This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this day of , 2016. ATTEST: Judith Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Stephen B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina Romelus Commissioner — Joe Casello 0 VOTE YES NO Page 660 of 728 Exhibit A to Resolution October 13, 2016 Re: City of Boynton Beach, Florida — Utility System Revenue Note, Series 2016 On behalf of Raymond James Capital Funding, Inc., we are pleased to submit the attached loan proposal including the terms and conditions applicable to provide funds to pay for capital expenditures related to the City's water, sewer and storm water utility system. Transaction Overview Borrower: City of Boynton Beach (the "City") Lender: Raymond James Capital Funding, Inc. — a non-bank subsidiary of Raymond James Bank (the "Lender") Facility: The obligation will be in the form of a loan issued to the City in an amount not to exceed $23,000,000 (the "Series 2016 Loan"). Interest on the Series 2016 Loan shall be tax-exempt to the holders thereof. Purpose: The City shall use proceeds of the Series 2016 Loan to provide funds to pay for capital expenditures related to the City's water, sewer and storm water utility system and pay transaction costs (the "Project"). Closing Date: On or before November 18, 2016 (the "Closing Date") Security: The Series 2016 Loan will be payable solely from and secured by an irrevocable lien upon and pledge of the Pledged Revenues, which include (i) Net Revenues of the System, (ii) certain Impact Fees, and (iii) subject to the application thereof as provided in the Resolution, amounts in certain funds and accounts established under the Resolution. The lien of the Series 2016 Loan on Pledged Revenues will be on parity with the City's Utility System Revenue Refunding Bonds, Series 2002, the City's Utility System Revenue Bonds, Series 2012, and any Additional Bonds issued under the Resolution. Term/Maturity: The Series 2016 Loan shall mature no later than November 1, 2031 with interest payments on the outstanding principal balance of the Series 2016 Loan calculated on a 30/360 -day basis and paid semiannually on May 1 and November 1, beginning May 1, 2017. The principal amount of the Series 2016 Loan shall be payable annually beginning November 1, 2021 corresponding to the estimated amortization schedule below. Raymond James Capital FUn in , Inc. 710 Carillon Parkway 11 St. Petersburg, FL 33716 11 727.56T8000 11 rayniondjamesbank.com Page 661 of 728 11/1/2021 $1,800,000 11/1/2022 $1,835,000 11/1/2023 $1,870,000 11/1/2024 $1,910,000 11/1/2025 $1,950,000 11/1/2026 $1,990,000 11/1/2027 $2,035,000 11/1/2028 $2,080,000 11/1/2029 $2,450,000 11/1/2030 $2,510,000 11/1/2031 $2,570,000 Total $23,000,000 1 Interest Rate: The tax-exempt interest rate on the Series 2016 Loan, shall be fixed for the term of the financing at a rate of 2.45%. The interest rate shall be locked until the Closing Date at no additional cost to the City. If the closing occurs after November 18 2016, the rate may be reset subject to market conditions at the time of closing. Original Issue Discount: The Lender will make the Loan at a discount of 0.25% of the par amount of the Series 2016 Loan treated by the Lender as an original issue discount for Federal income tax purposes. Lender's Counsel: The Lender shall be represented by Michael Wiener with Holland & Knight. Lender's counsel responsibilities shall be limited to a review of documents prepared by Bond Counsel with fees capped at $7,500 paid from proceeds of the Series 2016 Loan. Prepayment: Except as provided under "Gross -Up" below, the Series 2016 Loan may only be prepaid at the option of the City in whole or in part on or after November 1, 2026 at 100% of the then outstanding principal amount plus any accrued interest, without premium, on any business day upon 30 days written notice to the Lender. Prior to the above date, the Series 2016 Loan may not be prepaid in whole or in part without the prior written consent of the Lender. Partial prepayments shall be applied in inverse order of maturity (treating amortization installments as maturities) and shall be subject to a minimum amount of $1,000,000. Raymond James Capital FUn in , Inc. 710 Carillon Parkway 11 St. Petersburg, FL 33716 11 727.56T8000 11 rayniondjamesbank.com Page 662 of 728 Conditions Precedent: The City and its agents will deliver closing documents and make the representations customary in similar transactions and acceptable to the Lender. While preliminary credit approval has been obtained, the final amount and terms shall be subject to final credit approval as a condition precedent to closing this transaction. Covenants: The City has covenanted to fix, charge and collect rates and charges at a level such that Net Revenues will be sufficient to cover annual debt service on all bonds issued under the Resolution at a minimum of 110%. Other covenants shall be consistent with those included in the Resolution. The City shall provide the Lender with annual audits and budgets on a timely basis. Such annual audits shall be provided within 210 days of the end of each fiscal year. The City shall also provide such other information as the Lender shall reasonably request. Default Rate: Under any Event of Default, the interest rate on the Series 2016 Loan shall accrue at the Default Rate. The Default Rate shall be calculated at the greater of (a) the published Federal Reserve Bank's Prime Rate +3%, (b) the Federal Funds Rate +5%, or (c) 7%, per annum. Once the Event of Default is cured, the interest rate will revert back to the original tax-exempt rate. Tax Treatment: The interest component on the Series 2016 Loan shall be excludable from gross income for federal income tax purposes. The City shall covenant to perform all actions, functions or requirements in order to maintain the tax-exempt status on the Series 2016 Loan. The Lender shall be provided an opinion of tax counsel satisfactory to the Lender and its counsel which concludes that the interest on the Series 2016 Loan (including any original issue discount properly allocable to an owner thereof) is excludable from gross income for federal income tax purposes. Defaults/Remedies: Upon the breach of any covenant, agreement or warranty, the financing documents will provide remedies to the Lender customary for transactions of this nature, exercise rights and remedies available under law, equity or under the terms of the resolution and/or other financing documents and the interest rate shall be adjusted to the Default Rate described above. Gross -Up: Gross -up shall be limited to an event of taxability resulting from actions or inactions of the City. Upon an event of taxability, the interest rate on the affected loan shall increase to a taxable rate of 3.80% as of the date of taxability including a payment reflecting the difference between the tax-exempt and taxable rate from the determination of taxability plus any penalties and costs incurred by the Lender. Upon a determination of taxability, the Series 2016 Loan shall be prepayable at par plus accrued interest, at the taxable rate, to the date of prepayment upon 30 days prior written notice to the Lender. Raymond dames Capital R Undin, Inc. 710 Carillon Parkway 11 St. Petersburg, FL 33716 11 727.56T8000 11 rayniondjamesbank.com Page 663 of 728 Waiver of Jury Trial: The City and the Lender will waive, to the fullest extent permitted by applicable law, any right to have a jury participate in resolving any dispute in any way related to the transactions contemplated hereby or any documents related thereto. No Advisory or Fiduciary Role: The City acknowledges and agrees that: (i) information contained in this document regarding the Series 2016 Loan is for discussion purposes only in anticipation of engaging in arm's length commercial transactions with the City in which the Lender would be acting solely as a principal to make a loan to the City, and not as a municipal advisor, financial advisor or fiduciary to the City or any other person or entity regardless of whether the Lender or an affiliate has or is currently acting as such on a separate transaction; (ii) the Lender has not assumed any advisory or fiduciary responsibility to the City with respect to the transaction contemplated hereby and the discussions, undertakings and procedures leading thereto (irrespective of whether the Lender or its affiliates have provided other services or are currently providing other services to the City on other matters); (iii) the only obligations the Lender has to the City with respect to the transaction contemplated hereby expressly are set forth in this term sheet and the financing documents; and (iv) the City has consulted its own legal, accounting, tax, financial and other advisors, as applicable, to the extent it has deemed appropriate. Disclaimer: This term sheet includes information related to a direct loan transaction ("Direct Loan"). Please be advised that Direct Loan is a product offering of the Lender. Additionally, the Lender has financial and other interests that differ from your interests. In its capacity as lender, Lender's sole role would be to enter into a loan agreement to provide funds for the purpose stated above. Lender will not have any duty or liability to any person or entity in connection with the information provided herein. The information provided is not intended to be and should not be construed as "advice" within the meaning of Section 15B of the Securities Exchange Act of 1934. Confidentiality: This term sheet is confidential and proprietary, and terms herein may not be disclosed without our prior written consent, except to your professional advisors in connection with the Series 2016 Loan who agree to be bound by such confidentiality requirements, or as may be required by law. Notwithstanding anything herein to the contrary, any party hereto may disclose to any and all persons, without limitation of any kind, the tax treatment or tax structure of this transaction. Furthermore, the parties to this transaction may disclose, as required by federal or state laws, any information as required to comply with such federal or state laws. Raymond dames Capital R Undin, Inc. 710 Carillon Parkway 11 St. Petersburg, FL 33716 11 727.56T8000 11 rayniondjamesbank.com Page 664 of 728 This term sheet will expire and the transaction must close on or before November 18, 2016 unless extended by Lender. Thank you for the opportunity to be of service to the City of Boynton Beach. Should you have any questions, please don't hesitate to contact me at the number below. Sincerely, Cord D. King Tax -Exempt Lending Manager Raymond James Capital Funding, Inc. 710 Carillon Parkway St. Petersburg, FL 33716 727.567.2055 cord. king2raymondiames.com cc: Tim Howard —City of Boynton Beach, FL Jay Glover— Public Financial Management Tyler Calderone — Public Financial Management By: Title: F Raymond dames Capital Fund n , Inc. 710 Carillon Parkway 11 St. Petersburg, FL 33716 11 727.56T8000 11 rayniondjamesbank.com Page 665 of 728 EXHIBIT B TO RESOLUTION No. R-1 City of Boynton Beach, Florida Utility System Revenue Bond, Series 2016 $23,000,000.00 Maturity Date Interest Rate Original Issue Date November 1, 2031 2.45% November 18, 2016 BONDHOLDER: Raymond James Capital Funding, Inc. PRINCIPAL AMOUNT: Twenty-three Million and No/ 100 Dollars The City of Boynton Beach, Florida (herein called the "City"), a political subdivision and public body politic and corporate of the State of Florida, duly organized and operating under the constitution and laws of the State of Florida, is justly indebted to and hereby promises to pay to the Bondholder shown above or to the registered assigns thereof (the "Bondholder") on the date specified above (or earlier as hereinafter referred to), the principal sum shown above, or such lesser amount as shall be outstanding hereunder, and interest on such principal sum from the date hereof at the rate per annum specified above (subject to adjustment as hereinafter provided), computed on the basis of a 360 -day year consisting of twelve 30 -day months, until payment of such principal sum. The principal hereof shall be repaid in installments, due on November 1 of the years and in the amounts set forth in the following table, and on November 1, 2031 the entire outstanding principal balance hereof plus all accrued and unpaid interest thereon shall be paid in full: Year Principal Due 2021 $1,830,000.00 2022 1,860,000.00 2023 1,890,000.00 2024 1,925,000.00 2025 1,965,000.00 2026 2,000,000.00 2027 2,040,000.00 2028 2,075,000.00 2029 2,415,000.00 2030 2,470,000.00 2031 2,530,000.00 Interest on the outstanding principal balance shall be paid in arrears, on the first day of each May and November, commencing May 1, 2017. Prepayments of principal may be made by the City on any Business Day on or after the earlier of (i) the occurrence of a Determination of Taxability or (ii) on or after November 1, 2026, and not otherwise, provided that (a) prepayments shall be in an amount of at least $1,000,000 (or the entire unpaid balance hereof if less than $1,000,000 is outstanding), (b) the City shall provide the Bondholder with at least thirty days' prior written notice of any prepayment, which notice may be conditional or revocable by the City, and (c) the City shall also pay the interest accrued on any principal being prepaid. Prepayments of less than the entire principal balance hereof shall be applied Page 666 of 728 to the remaining scheduled installment(s) of principal to be paid hereon in the inverse order of the due dates thereof, or in such other order as agreed upon in writing by the City and the Bondholder. All payments made by the City to the Registered Holder shall be applied first to accrued interest, then to any other amounts as shall be owing by the City to the Registered Holder hereunder, and then to principal. All payments hereon shall be made in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts, and shall be made by wire transfer by the City to the Registered Holder in accordance with written instructions provided by the Registered Holder to the City, or in such other manner as may be agreed upon by the City and the Registered Holder. The place of payment designated by the Bondholder being referred to as the "Payment Office of the Lender." Presentment of this Bond is not required for payment hereof. As used in this Bond: (1) "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto; and (2) "Determination of Taxability" shall mean the circumstance of interest payable on this Bond becoming includable for federal income tax purposes in the gross income of the Bondholder hereof as a consequence of any act or failure to act by the City. A Determination of Taxability shall be evidenced by (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable with respect to this Bond is includable for federal income tax purposes in the gross income of the Bondholder, which notice or notification is not contested by either the City or the Bondholder, or (ii) a determination by a court of competent jurisdiction that the interest payable with respect to this Bond is includable for federal income tax purposes in the gross income of the Bondholder, which determination either is final and non -appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in writing by the City to the effect that interest payable with respect to this Bond is includable for federal income tax purposes in the gross income of the Bondholder, in each case solely due to an action or a failure to act by the City. A Determination of Taxability shall not occur solely from the fact that such interest is taken into account in determining adjusted current earnings for the purpose of the alternative minimum tax imposed on corporations. Upon the occurrence of a Determination of Taxability, the interest rate on this Bond shall be adjusted to a rate equal to the lesser of the maximum lawful rate or 3.80% (the "Adjusted Interest Rate"), as of and from the date such determination would be applicable with respect to this Bond (the "Accrual Date"); and (i) the City shall on the next May 1 or November 1, whichever is first, pay to the Bondholder an amount equal to the sum of (1) the difference between (A) the total interest that would have accrued on this Bond at the Adjusted Interest Rate from the Accrual Date to such May 1 or November 1, and (B) the actual interest paid by the City on this Bond from the Accrual Date to such May 1 or November 1, and (2) any penalties, fines, fees, costs and interest required to be paid by the Bondholder to the Internal Revenue Service as a result of such Determination of Taxability; and (ii) from and after the Determination of Taxability, this Bond shall continue to bear interest at the Adjusted Interest Rate for the period such determination continues to be applicable with respect 2 Page 667 of 728 to this Bond. This adjustment shall survive payment of this Bond until such time as the federal statute of limitations under which the interest on this Bond could be declared taxable under the Code, shall have expired. After the occurrence of any default under the hereinafter described Resolution, notwithstanding any other terms hereof or of the Resolution, the Interest Rate on this Bond shall be adjusted to be the higher of (a) the "bank prime loan rate" (or any successor thereto) published by the Board of Governors of the Federal Reserve System plus 3% per annum, (b) the Federal Funds Rate plus 5% per annum, or (b) 7% per annum, but in no event shall such rate exceed the maximum rate allowed under applicable law. "Federal Funds Rate" means the "Federal funds (effective)" rate published by the Board of Governors of the Federal Reserve System. The Registered Holder shall give the City notice of any such adjustment of the Interest Rate. This Bond is one of a series of Bonds designated "Utility System Revenue Bonds, Series 2016" the "Series 2016 Bonds"), issued by the City pursuant to Resolution No. 92-96 adopted by the City Commission of the City on June 16, 1992, as amended and supplemented (the 'Bond Resolution"), particularly as amended and supplemented by that certain resolution adopted by the City Commission of the City in furtherance of the Bond Resolution on November 15, 2016 (the "Series Resolution" and, together with the Bond Resolution, the "Resolution"). This Bond is secured by and is payable under the Resolution as a 'Bond" thereunder, on a parity with all other Bonds thereunder to the extent provided therein. Reference is made to the Resolution for a more complete statement of the provisions thereof and of the rights and duties of the City, the Bond Registrar and the owners of Bonds. Copies of the Resolution are on file and may be inspected at the offices of the City. By the purchase and acceptance of this Bond, the holder hereof signifies assent to all of the provisions of the Resolution. IN WITNESS WHEREOF, the City of Boynton Beach, Florida by resolution duly adopted by its City Commission, has caused this Bond to be signed by its Mayor and to be attested by its City Clerk and the official seal of the City to be impressed hereon, all as of the 18th day of November, 2016. [SEAL] CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk 9 By: Mayor Page 668 of 728 CERTIFICATE OF AUTHENTICATION This Bond is the Bond of the series designated herein and issued under the provisions of the within -mentioned Resolution. City Clerk of the City of Boynton Beach, Florida, as Bond Registrar Date of authentication: November 18, 2016 City Clerk rd Page 669 of 728 �` Lincoln Plaza Suite 1170 300 S. Orange Avenue The F Group Orlando, FL 70 32801-3470 October 26, 2016 Recommendation Memorandum To: Tim Howard, Assistant City Manager — Administrative Services From: Jay Glover, Public Financial Management, Inc. Re: Utility System Revenue Bond, Series 2016 — Recommendation Memo 407-648-2208 407-648-1323 fax www.pfm.com Public Financial Management, Inc. ("PFM") was engaged by the City of Boynton Beach, Florida (the "City") to serve as financial advisor for the City's proposed issuance of its' Utility System Revenue Bond, Series 2016 (the "2016 Bond") to be issued to provide funds to pay for capital expenditures relating to the City's water, sewer and storm water utility system. Based on the size (not to exceed $23 million), term (approximately 15 years), and desire to have optional prepayment flexibility; PFM recommended the City pursue a privately placed direct bank loan, which in today's market conditions was expected to be the most efficient and cost effective method of financing. At the City's direction, PFM distributed a request for proposals ("RFP") on September 22, 2016 to a list of local, regional and national financial institutions to identify the institution that could provide the City with a fixed rate, non-bank qualified term loan at the lowest overall borrowing cost, pursuant to certain conditions as determined by the City. Prior to the submittal deadline (October 13, 2016 by 2:00 PM EDST) the City received four (4) proposals from the following firms: Bank of America, Capital One Public Funding, JP Morgan Chase Bank, and Raymond James. A summary of each proposal is included as Exhibit A. Based on PFM's review and discussions with City staff and Bond Counsel, it was determined that Raymond James provided the best proposal when considering interest rates, prepayment flexibility, and other terms/conditions. Raymond James proposed a locked fixed interest rate of 2.45% for a loan that is callable at the option of the City in whole or in part on or after November 1, 2026 at par. Their proposed interest rate is locked through the proposed closing date (November 18, 2016) so the City isn't affected by any interest rate movements between the date of proposal submission and closing. Raymond James also required payment at closing of a fee equivalent to 0.25% of the principal amount of the 2016 Bond ($57,500). PFM and Bond Counsel have reviewed all of the other terms and conditions of the Raymond James' proposal and concluded that they are standard for a transaction of this nature. JP Morgan, who in our opinion provided the 2' best option, offered an indicative interest rate of 2.12% for a non -callable loan. In order to make the loan pre -payable November 1, 2023 at par, JP Morgan required a 13 basis point addition to the interest rate (2.25%). The final aspect of JP Morgan's proposal that is less attractive is the inclusion of corporate tax rate gross up language, Page 670 of 728 AMMUM PFM' Recommendarion Memo Page 2 which allows JP Morgan to increase the fixed rate on the 2016 Bond after closing if there is a decrease in the maximum corporate tax rate which would negatively affect their return on the 2016 Bond. This language could be eliminated for an additional 15 basis point increase to the indicative rate (2.40%). Additionally, this rate is indicative based on market conditions at the time of proposal submittal and a rate lock agreement would need to be executed in order to lock the rate. Therefore, the JP Morgan proposal would expose the City to fluctuations in market conditions through the closing date that could increase the interest rate. Given the locked interest rate feature, optional prepayment flexibility and acceptable terms and conditions; PFM recommends selecting Raymond James as the loan provider at a fixed interest rate of 2.45%. We look forward to discussing this recommendation at the City Commission meeting on November 15th . Page 671 of 728 co N ti 4— O N ti (}1-){� V/ a 0 p b G G o a G w o 0 a 0 0 0 lo O O x O N w \ aa a °J O O O N 'a7 •c� w �" ca u o o o u O u G q N B ° p O bA q \ v o � q O M O O � N \ N N O p pq'y7 O b � ® a"i b G G N O G� P. AQO ti t7 w w '� b p9 N Q 9 P. ti N U o C 7 a p U �'O ,ysy' ro w w a O p a d U p o 0 v o � tiro �c o ��N G � p N c. G° q a9 v w ao o w O m ti 0 a b ti .foo s o O O"copv: 0 o o oCo o p p w o .o V o v v A 0 v a v v Q o v on b o U v c o v a w �, w v S, o aId w U w Id 0 o � U O co N ti 4— O N ti (}1-){� V/ a co N ti 4— O rl N I..L a x ti o op o o° o o G o o I P" w o o o ti a 6 o a 0 o uo ' N' o .ti A w a� A o 0 o v v A 0 v a v v Q o v � o o U v c v a u.�, w o v S, o Id abf w Id U o w F a aIt 0 0 � U O co N ti 4— O rl N I..L a 12. B. NEW BUSINESS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Commissioner Casello has requested to discuss the possibility of a referendum for the March 2017 election changing the provision for a candidate to be elected from 50% plus one rule. (Tabled to December 6, 2016) EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Deadline for ballot language to be submitted to PBC Supervisor of Elections for the March 2017 election is February 3, 2017 at noon. FISCAL IMPACT. Non -budgeted ALTERNATIVES: Do not proceed with changing election rule. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 10/25/2016 - 3:00 PM Howard, Tim Approved 10/25/2016 - 3:00 PM LaVerriere, Lori Approved 10/25/2016 - 4:37 PM Page 674 of 728 13.A. COMMUNITY REDEVELOPMENT ADVISORY BOARD 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Reports -- None EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 10/23/2016 - 2:42 PM Page 675 of 728 13. B. COMMUNITY REDEVELOPMENT ADVISORY BOARD 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Pending Items 1. City Services Survey for the CRA EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Pyle, Judith Approved 10/23/2016 - 2:42 PM Page 676 of 728 13.C. COMMUNITY REDEVELOPMENT ADVISORY BOARD 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: New Assignments -- None EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 10/23/2016 - 2:42 PM Page 677 of 728 14.A. LEGAL 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Approve insurance company's negotiated settlement in the amount $600,000.00 in the case of Byron L. Harris, Jr. v. City of Boynton Beach, Michael Brown, Matthew Medeiros, Stephen Maiorino, Ronald Ryan, Justin Harris, Cory Herny, and Alfred Martinez. EXPLANATION OF REQUEST: Plaintiff Counsel: Linnes Finney, Jr. Defense Counsel for the City: Lyman Reynolds Defense Counsel for the Officers: Michael Burke (Brown), Bruce Jolly (Maiorino), Harriet Lewis (Medeiros), Oscar Marrero (Harris), Robert Okon (Martinez), Robert Schwartz (Ryan), and Don Stephens (Herny). Incident: This lawsuit was filed as a result of events that transpired on the early morning of August 20, 2014, when Byron Harris attempted to elude an officer who was attempting to stop him for a traffic violation. During the course of the events, one of our police officers sustained very serious injuries. In his lawsuit, Byron Harris alleges that his constitutional rights were violated and that he sustained permanent physical and emotional injuries due to alleged excessive use of force by the officers. For his alleged damages, Byron Harris demanded $1.8 million to settle his claims. Insurance. Legal Defense. and Mediation: The City has an excess liability insurance policy that covers eligible expenses above our self-insured retention (SIR) of $200,000. The City had to retain separate legal counsel for the City and each individual officer who was named in the lawsuit. This representation resulted in approximately $500,000 of legal defense fees and legal costs at the time of mediation (October 26, 2016). The Court required that this case go to mediation prior to trial, and because expenses beyond $200,000 are covered by the excess insurance carrier's money, the insurance carrier's representative has the authority to settle this case. The insurance representative negotiated a settlement in the amount of $600,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City does not admit liability in this matter by accepting the insurance carrier's settlement. FISCAL IMPACT. Budgeted If the Commission approves the insurance carrier's settlement, the City will need to process the $600,000 settlement payment and will then be reimbursed by the insurance carrier for all expenses in excess of $200,000 associated with this matter. ALTERNATIVES: Reject the insurance carrier's settlement, which would result in the City being responsible for all costs in this matter from the date of mediation (October 26, 2016) through the conclusion of the trial including attorneys' fees, defense costs, any possible judgment, and possible appeal costs. STRATEGIC PLAN: Page 678 of 728 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum REVIEWERS: Department Human Resources Legal Finance City Manager Description Page 679 of 728 Mediation Settlement Agreement Reviewer Action Date Oldbury, Julie Approved 11/4/2016 - 2:58 PKA Swanson, Lynn Approved 11/7/2016 - 11:46 AM Howard, Tim Approved 11/7/2016 - 12:04 PKA LaVerriere, Lori Approved 11/8/2016 - 9:32 AM Page 679 of 728 BRYON HARRIS, Plaintiff (s) VS. CITY OF BOYNTON BEACH, MICH BROWN, MATTHEW MEDEIROS, S MAIORINO, RONALD RYAN, .JUST CORY HERNY, ALFRED MARTINE Defendant (s) LEL 'EPHEN q HARRIS, IN THE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO.. 9 -1.6 -CV -80148 -ROSE NBERG MEDIA'I ION SETTLEMENTAGREEMENT The Parties agree as follows: j, 4- c4i 'A J ']'lie Defendant, CITY OF BO TON BEACI will pay the surn of $ a ncl C cc, payable tol t (Plaintiff counsel's FEIN # in exchange for a mutually agreeable release of all claims against this Defendant arising out of this ac, oil. Upon receipt and batik clearance of settlement proceeds, Plaintiff counsel shall file a dismissal wii prejudice/stipulation for dismissal. 2) The Defendant, MICIIAEL BROWN,Will Pay the swan.. Of. $ — C) '— _,. payable to 11aintiff(s) and plaintiff's COUnSelS trust account (Illaintiff counsel's FEIN # ) in exchange for a mutually agreeable release of all claims against this Defendant arising Out of this acon. Upon receipt and batik clearance of settlement proceeds, Plaintiff Counsel shall tile a dismissal Wit I prejudice/stipulation for dismissal. 3) The Defendant, MATTHEW "EDE will pay the suni of $ — 'n�, — , payable to I laintiff(s) and plaintiffs counsel's trust account (I'llaintiffcounsel's FEIN in exchange fior as mutually agreeable release of all claims against this Defendant arising _o_Lltof �1_isadion. Upon receipt and batik clearance of settlement Proceeds"' Plaintiff counsel shall file a dismissal wi I prejudice/stipulation fear dismissal, 4) The Defendant, STEPHEN MAIORINO,___'___mill pay the. sun? of' $­— C" — _, payable to 11ainfiff(s) and plaintiff's COLInSelS trust account (Plaintiff counsel's FEIN # ) in exchange for a mutually agreeable release of all claims against this Defendant arising out of this act can. Upon receipt and batik clearance ofsettlement proceeds. Plaintiff' counsel shall file a dismissal Will PJ`CjUdiCC/StipUlation for dismissal. 5) The Defendant, RONALD RYAN, Will pay the sung Of $.-- C) — , payable to 1 laintiff(s) and plaintiffs COLmsel's trust account (I'laintiff counsel's FEIN # ) in exchange for a rnUtUallyagreeable release ofall claims against this Defendant ariSillg Out of this acon. Upon receipt and batik clearance ofsettlernent proceeds, Plaintiff. counsel shall file a dismissal wi I prejudice/stipulation for dismissal. 6) The Defendant, JUSTIN UJARRIS, will Pay the sura of $ payable to 1laintiff(s) and plaintiff -s course'S trust account (Plaintiff counsel's FEIN ) in exchange for a mutually agreeable release of all claims against this Defendant arising Out Of INS act On. Upon receipt and batik clearance of settlement proceeds, Plaintiff counsel shall file a dismissal wit i prejudice/stipulation for dismissal. Page 680 of 728 7) The Defendant, CORY H 'RNY, will pay the sura of payable to Iaintiffts) and plaintiffs counsel's trust account (Plaintiff counsel's FEIN # in exchange for a mutually agreeable release of all claims against this Defendant arising out of this action. Upon receipt and bank clearance of settlement proceeds, P'laintiff counsel shall file a dismissal wilh prejudice stipulation for dismissal. 8) The Defendant, ALFRED MARTINEZ, will pay the SLIM Of rmv payable to Iaintiffts) and plaintiffs COLHISCI'S trLISI account (Plaintiff counsel's FEIN # ) in exchange fora TflUtUally agreeable release of all claims against this Defendant arising 001 of this ac iota, Upon receipt and bank clearance of settlement proceeds,. Plaintiff counsel shall file a dismissal wii ii prejudice/stipulation for dismissal, ,-3 A A" 9) Plaintiff authorizes and plaintiff COLHISel1grees, to hold all settlement funds in trust Until fully executed release has been returned to Defense colnisel. 10) The Plaintiff shall satisfy or rest lve all liens and subrogated interests. 11) If all parties are not present, the the signatories to this Mediation Settlement Agreement further agree that they have full and total aUth - rity to exeCL11C this Mediation Settlement Agreement on behalf ofany litigants not present at the media ion. 12) E.ach party pay its own attorney'fees and costs 13) The Mediator is the mere scriveil'r of this agreement, and all terms are solely those of the parties. 14) Other terms: -P 's s All S ra A, Iq At f "'J % Al V IN --A r\,5 q,-, VeN Page 681 of 728 C.)A"l`ED this day of t � �- 20 PlaiAf# Plaintiff lllaintiWs, counsel Defendant- ' r k .7 (or Defendants representative having full authority to settle WitlIottt further c.011sultation (F.R.C.P. 1.770(h)) Lei`enclar7t tits Defendant- _ (or Defend it's rept entative having Rill authority to settle A out furthe consultation (FA .1.770(b)) counsel l t 'I. Defendant- t. (or Del"Lndant°s representative having full authority to settle without further consultation (FKC.P.1.770(b)) /" s S Counsel Page 682 of 728 Defendant- Iz- V ltz-Az (or Defiendant's repres drotative having Ful authority to Settle Without farther consultation (F'J��CP,j -770(b))_,- fenclant's COLIII-SCI Del'endant- (or Defendant's representative having Full authority to settle without further consultation (FAET. 1.770(b)) Defendant's counsel Del'enclant- /'I', / Pt�,\ Z (or Defendant's representative having full authority to Settle without further consultation (F.R.C.P. 1.770(b)) Defendant's counsel Defendant- � 'Z t It '7 (or Defendant's re' presentative having full authority to settle without further C011SUItatiOn (F.R.C.P. 1.770(b)) c S counsel Defen, s cl 13e I`i_~ndaaat- (or Defendant's representative having full authority to settle without further conSUltatiOn ( `.R.C.P. 1.770(b)) Defendant's COLIIISel Page 683 of 728 14. B. LEGAL 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: GEORGE WADE, individually, Plaintiff, vs CITY OF BOYNTON BEACH, a Florida City, Defendant — Palm Beach County Circuit Court Case No. 2016CA004353XXXXMB EXPLANATION OF REQUEST: The City Attorney will be in attendance along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. The time and date of this private attorney-client session will be scheduled at the November 15, 2016 City Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. The cost of a Court Reporter. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Memo requesting closed door session with Page 684 of 728 REVIEWERS: Department Legal Finance Commission in the George Wade case Reviewer Action Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 11/8/2016 - 8:50 AM 11/8/2016 - 8:51 AM 11/8/2016 - 9:33 AM Page 685 of 728 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: November7, 2016 RE: Request for Private Attorney -Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: GEORGE WADE, individually, Plaintiff, vs CITY OF BOYNTON BEACH, a Florida City, Defendant — Palm Beach County Circuit Court Case No. 2016CA004353XXXXMB I will be in attendance along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. The time and date of this private attorney-client session will be scheduled at the November 15, 2016 City Commission meeting. C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\D409B619-37C6-4987-BA11-112D63F22101\Boynton Beach.4407.1.Request_For_Ex_Session_-_(Wade).Doc Page 686 of 728 15.A. FUTURE AGENDA ITEMS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: City Commission to review Legislative Priority List for upcoming Legislative Session - January 17, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Stanzione, Tammy Approved 10/16/2016 - 12:41 PM Page 687 of 728 15. B. FUTURE AGENDA ITEMS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3. D.) to allow medical offices as accessory uses to a residential development. EXPLANATION OF REQUEST. It is staff's understanding that the intent of the request is to allow a medical clinic as an accessory use to a residential development, and that the services of said clinic would not be open to the general public but would be limited to the residents of a given private neighborhood or development. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Finance City Manager Reviewer Action Date Foyle, Judith Approved 10/10/2016 - 3:34 FSM Howard, Tim Approved 10/24/2016 - 4:55 FSM LaVerriere, Lori Approved 10/25/2016 - 4:30 FSM Page 688 of 728 15.C. FUTURE AGENDA ITEMS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State - Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. December 6, 2016 EXPLANATION OF REQUEST: These amendments are part of the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191, Florida Statutes. At least every seven years, the city must determine whether the need exists to amend the Comprehensive Plan to reflect changes in state requirements since the last time the Comprehensive Plan was updated, and notify the state land planning agency (DEO - the Department of Economic Opportunity) by letter of this determination according to a published schedule. The statutory language also encourages local governments to comprehensively evaluate and, if necessary, update comprehensive plans to reflect changes in local conditions. The proposed amendments must be transmitted within one year of the notification date. The amendments based on the current EAR are limited to the Coastal Management (CM) Element, with the emphasis placed on the response to the new language codified on July 1, 2015, following the 2015 Session of the Florida Legislature. The new requirements pertain to the expansion of flood mitigation measures for redevelopment in coastal areas. The State's requirements are both broad and comprehensive, and after close coordination with reviewers from the state planning office staff proposes extensive amendments to the City's policies in attempt to address all intended requirements. It is difficult at this time to anticipate the ultimate impact on the city of some of these new policies, and almost equally as difficult to summarize the changes in this narrative. However, all proposed programs and activities have merit in addressing this problem and would include more detailed identification and mapping functions, a commitment to steering populations (particularly special needs persons) away from certain flood prone areas, closer examination of permit applications for use of best available methods and materials to mitigate flood damage, regular review of codes and regulations for optimal promotion of flood mitigation, and through coordination with the County -wide efforts charged with addressing hazard mitigation. The proposed policies also reference the City's Climate Action Plan and the commitment to considering the identification of Adaptation Action Areas. Additionally, the proposed amendments include changes to the layout of the element, an update of the existing objectives and policies to account for completions and changes in City programs, and a Flood Hazard Map Series that will be added to the CM Element Support Document. The second public hearing and the final adoption of the proposed amendments is tentatively scheduled for December of 2016. The Planning and Development Board recommended approval of the subject amendments on July 26, 2016. Please note that a map and related comments have been added to the transmittal package pursuant to Page 689 of 728 a recommendation received from the DEO subsequent to the Board's meeting. The map shows flood -prone areas that are likely to be included in the future study which will evaluate options to establish Adaptation Action Area(s) pursuant to Chapter 163.3177 and the Boynton Beach Climate Action Plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: Implementation of the action item 1.11 under "Great Neighborhoods: Safe, Affordable and Livable" (FY 2015/16) CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Incorporation of policies committing the City to the continued implementation of the Climate Action Plan, including the study for establishment of Adaptation Action Areas. Is this a grant? Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Exhibit D Exhibit REVIEWERS: Department Reviewer Development Stanzione, Tammy Description Ordinance approving text amendments to Coastal Management Staff Report Exhibit A. Proposed Amendments Exhibit B. Map Series Action Date Approved 10/13/2016 - 12:41 PIVD Page 690 of 728 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 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO THE COMPREHENSIVE PLAN COASTAL MANAGEMENT ELEMENT TO ADDRESS NEW STATUTORY REQUIREMENTS PERTAINING TO PREVENTION/MITIGATION OF FLOOD HAZARDS IN THE COASTAL AREAS ALONG WITH UPDATING THE REMAINING OBJECTIVES AND POLICIES TO ACCOUNT FOR COMPLETION AND CHANGES IN THE CITY'S PROGRAMS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, on August 19, 2008 the City Commission, via Ordinance 08-007, adopted amendments to the City's Comprehensive Plan which included amendments to the Coastal Management Element; and WHEREAS, the proposed amendments, based on the current Evaluation and Appraisal Review (EAR) are limited to the Coastal Management Element and pertain to the expansion of flood mitigation measures for redevelopment in coastal areas; and WHEREAS, the proposed amendments include changes to the layout of the element, an update of the existing objectives and policies to account for completion and changes in City Programs and a Flood Hazard Map Series that will be added to the Coastal Management Element Support document; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of the City to adopt the EAR -based amendments into the City's Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: -1- Page 691 of 728 I Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 2 herein by this reference. 3 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 4 adopts the amendments to the Comprehensive Plan Coastal Management Element for 5 transmittal to the Department of Economic Opportunity for the State -Coordinated Review 6 which address new statutory requirements pertaining to prevention/mitigation of flood hazards 7 in the coastal areas and update the remaining objectives and policies to account for completion 8 and changes in the City's programs, a copy of which is attached hereto as Exhibit "A". 9 Section 3. The City Commission hereby certifies that it shall and will conduct such 10 public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in 11 order to adopt the Comprehensive Plan Amendments and so directs the City Administration to 12 conduct and publish same, as provided by general law. 13 Section 4. The City Commission hereby authorizes the appropriate City officials to 14 submit the appropriate number of copies of this Ordinance and the City's Comprehensive Plan, 15 as amended herein, to the State of Florida Department of Community Affairs and to any other 16 governmental agency having jurisdiction with regard to the approval of same in accordance 17 with and pursuant to Chapter 163, Florida Statutes, and to keep available copies of the Plan 18 Amendments available for public review and examination at Boynton Beach City Hall. 19 Section 5. All laws and ordinances in conflict with any provisions of this ordinance 20 are hereby repealed. 21 Section 6. Should any section or provision of this Ordinance or any portion thereof 22 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the -2- Page 692 of 728 I remainder of this Ordinance. 2 Section 7. This Ordinance shall become effective immediately upon passage. 3 FIRST READING this day of , 2016. 4 SECOND, FINAL READING AND PASSAGE this day of , 2016. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 YES NO 9 10 Mayor — Steven B. Grant 11 12 Vice Mayor — Mack McCray 13 14 Commissioner — Justin Katz 15 16 Commissioner — Christina L. Romelus 17 18 Commissioner — Joe Casello 19 20 21 VOTE 22 ATTEST: 23 24 25 26 Judith A. Pyle, CMC 27 City Clerk 28 29 (Corporate Seal) -3- Page 693 of 728 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-031 STAFF REPORT TO: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THRU: Michael W. Rumpf Director of Planning and Zoning DATE: July 13, 2016 PROJECT NAME/NO: Comprehensive Plan's Coastal Management Element Text Amendments (CPTA 16-001) based on the Evaluation and Appraisal Review (EAR) REQUEST: Approve amendments to the Comprehensive Plan's Coastal Management Element that 1) address new statutory requirements pertaining to prevention/mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S); and 2) update the remaining objectives and policies to account for completions and changes in the City's programs. PROCEDURE The subject amendments are being processed as part of the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191(1), Florida Statutes (F.S.), and Rule Chapter 73C-49, Florida Administrative Code. At least every seven years, the city must determine whether the need exists to amend the Comprehensive Plan to reflect changes in state requirements since the last time the Comprehensive Plan was updated, and notify the state land planning agency (Department of Economic Opportunity) by letter of this determination according to the schedule published in Rule 73C-49. The statutory language also encourages local governments to comprehensively evaluate and, as necessary, update comprehensive plans to reflect changes in local conditions. The proposed amendments must be transmitted within one year of the notification date. The EAR -based plan amendments are subject to the State Coordinated Review process Page 694 of 728 Page 2 File Number CPTA 16-001 Coastal Management Element updates per provisions of Section 163.3184 (4), F.S.. At the "proposed" phase, the process involves a public transmittal hearing held by a local planning agency—in Boynton Beach, the City Commission—and a subsequent transmittal of the amendments to the state planning agency (DEO) and other reviewing agencies as required. DEO receives all agency review comments and issues its Objection, Recommendation and Comments Report to the local government. The second (adoption) public hearing must be held within 180 days after receipt of that report, or the amendments are considered withdrawn. BACKGROUND/ INTRODUCTION On August 1, 2015, the City notified DEO that it would amend its Comprehensive Plan to reflect changes in state requirements as well as some changes in local conditions and the city's vision and priorities. (Since the adoption of 2008 EAR -based amendments, the City also adopted extensive amendments to the Future Land Use, Transportation, Housing, and Intergovernmental Coordination elements in 2014.) The proposed amendments based on the current EAR are limited to the Coastal Management (CM) Element, with the main focus placed on the response to the new language required in that element ensuing enanctment of bill CS/CS/CS SB 1094 (2015 Session of the Florida Legislature). On July 1, 2015 section 163.3178(2)(f), F.S. was amended to require that the Coastal Management element includes: (f) A redevelopment component that outlines the principles that must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. The component must.- 1. ust.1. Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high -tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea -level rise. 2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency. 3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state. 4. Be consistent with, or more stringent than, the flood -resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. 5. Require that any construction activities seaward of the coastal construction control lines established pursuant to s. 161.053 be consistent with chapter 161. 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents. Additionally, the proposed amendments include changes to the layout of the element and update the existing objectives and policies to account for completions and changes Page 695 of 728 Page 3 File Number CPTA 16-001 Coastal Management Element updates in City's programs. A Flood Hazard Map Series will be added to the CM Element Support Document. The second public hearing and the final adoption of the proposed amendments is tentatively scheduled for December of 2016. PROPOSED TEXT See Exhibit A for the proposed changes, and Exhibit B for the Flood Hazard Map Series. Except for the Coastal High Hazard Area map, which is already included in the existing map series for the Coastal Management Element, all others are new. The maps include: • MAP 1A: Storm Surge Categories for CM Area North • MAP 1 B: Storm Surge Categories for CM Area South • MAP 2 : Coastal High Hazard Area • MAP 3 : FEMA Special Flood Hazard Area (SFHA) • MAP 4 : Historical Flood Insurance Claims • MAP 5A: Sea Level Rise Impact: Projected Inundation, 1 and 2 Feet, CM Area North • MAP 513: Sea Level Rise Impact: Projected Inundation, 1 and 2 Feet, CM Area South • MAP 6 : Top Flood Risk Area ANALYSIS The new policies addressing the requirements listed above draw on several of the City's actions and programs, either recent or not yet incorporated into the CM Element. FLOOD MITIGATION PROGRAMS • Land Development Regulations: City Flood Prevention Code Included the Land Development Regulations is Article X. Flood Prevention Requirements (Chapter 4. Site Development Standards), also referred to as the City Flood Prevention Code. The purpose of this ordinance is to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: o Minimize unnecessary disruption of commerce, access and public service during times of flooding; o Require the use of appropriate construction practices in order to prevent Page 696 of 728 Page 4 File Number CPTA 16-001 Coastal Management Element updates or minimize future flood damage; o Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; o Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; o Minimize damage to public and private facilities and utilities; o Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; o Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and o Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. The City is in the process of reviewing and updating Article X. The goal of the update is make the requirements consistent with the 5t" edition of the Florida Building Code, which now contains all the laws and rules that pertain to and govern the design and construction of buildings, including those in flood hazard areas. The update will be completed in 2017. • National Flood Insurance Program's Community Rating System (CRS) The City qualified for the CRS in 1991. CRS is a voluntary program that provides reductions to flood insurance premiums in communities willing to implement policies and programs that go beyond the minimum NFIP requirements. Local governments apply for a CRS classification and are given credit points that reflect the impact of their activities on the three goals of the CRS: (1) Reduce flood losses; (2) Facilitate accurate insurance; and (3) Promote the awareness of flood insurance. To obtain the necessary credit points to achieve lower CRS class ratings, they implement a broad range of programs aimed at addressing the three goals of the CRS program. There are eighteen activities by which communities can accumulate points toward their class ratings. Boynton Beach has achieved a respectable Class 7 rating, resulting in a 15% reduction in flood insurance premiums for residents that purchase flood insurance in Special FEMA -defined Flood Hazard Areas (SFHA), and a 5% premium reduction in non- SFHAs in the City. Boynton has recently gone through a recertification process, hoping to lower the rating (the results have not yet been anounced). The City has set as a goal the achievement of a Class 5, which would increase savings to 25%. • Flood Mitigation Plan In July 2013 the City adopted a Flood Mitigation Plan. It was developed to qualify as a "floodplain management plan" under the CRS and also to meet requirements of the Page 697 of 728 Page 5 File Number CPTA 16-001 Coastal Management Element updates Flood Mitigation Assistance Planning Grant and the Disaster Mitigation Act of 2000. The plan enables the City to quickly respond to state and federal funding opportunities for flood mitigation -related projects. The plan defines, justifies, and prioritizes flood mitigation initiatives that have been formulated through a flood hazard analysis and vulnerability assessment process. It also contains an extensive Program for Public Information (PPI)—an outreach program to educate the community on matters pertaining to floodplain management. The Plan will be updated in 2018, with the progress reports compiled on an annual basis (the last one was completed in October of 2015). • Climate Action Plan In 2010, the City identified climate change and its long-term effects as the defining challenge for the 21st century, projecting the direct impact that sea level rise would have on the City's water supply, the ability of stormwater drainage infrastructure to function properly and the livability of real estate along the ocean and Intracoastal Waterway. Committing to a strategic plan that would actively move the community toward sustainability was the approach that began in 2008 and ultimately became a reality when the City Commission adopted the City Boynton Beach Climate Action Plan (CAP) in October of 2010. Also in 2010, Monroe, Miami -Dade, Broward and Palm Beach counties signed the Southeast Florida Regional Climate Change Compact (Compact) supporting the development of a Regional Collaborative Climate Action Plan. In December 2012, the City Commission endorsed the Mayors' Climate Action Pledge, affirming support for the Compact and agreeing to consider integrating the Regional Climate Action Plan framework in whole or in part, into existing and future municipal sustainability action plans. Specific accomplishments of the Compact included the development of regionally - consistent methodologies for mapping sea -level rise impacts, assessing vulnerability, and understanding the sources of regional greenhouse gas emissions. Collectively, these provided the foundation for the Regional Climate Action Plan (RCAP). The Compact recommendations have been incorporated into the City of Boynton Beach Climate Action Plan (CAP 2.0), with the revisions adopted in December of 2015. With the adoption of the CAP 2.0, the City committed to initiating, by 2018, a study which would evaluate opportunities to establish the Adaptation Action Area(s) and related policies pursuant Chapter 163.3177, F.S. for coastal areas that experience flooding due to extreme high tides and storm surge and are vulnerable to the impacts of rising sea level. Currently, the statutes maintain that the establishment of the Adaptation Action Areas is "the option of the local government." As the analysis of optimal locations for Adaptation Action designation is likely to incur significant costs, the City will rely—at least partly—on grants, potential partnership and regional efforts carried by Compact. Page 698 of 728 Page 6 File Number CPTA 16-001 Coastal Management Element updates • Local Mitigation Strategy Plan (LMS) The purpose of the Palm Beach County LMS is to develop and execute an ongoing unified strategy for reducing the community's vulnerability to identified natural, technological and societal hazards. The strategy provides a rational, managed basis for considering and prioritizing hazard -specific mitigation options and for developing and executing sound, cost effective mitigation projects. The LMS also provides a basis for justifying the solicitation and use of local, state, federal and other monies to support hazard mitigation projects and initiatives. Boynton Beach adopted the revised LMS in November of 2014 by resolution R14-109 (the LMS is updated every five years). SUPPORT DATA Flood Hazard Map Series • The Coastal High Hazard Area (CHHA) Since the definition of the designation has not changed, neither has the boundary of CHHA in the City's coastal area. Please note that, out of about 73 acres of land with the CHHA designation, approximately 32 acres are mangrove areas under the City's conservation overlay, and an additional 21 acres are city parks/private recreation or green areas (some overgrown with mangroves). Therefore, some 73% of the CHHA area can be considered undevelopable land. The remaining 27% is developed; any redevelopment activities will be subject to limitations pursuant to Policies 7.6.5 to 7.6.9. • FEMA Map The FEMA's Special Flood Hazard Area map for the City (see the map series) is based on the 1982 data. New flood insurance maps for Palm Beach County remain on hold, with the Federal officials continuing to review appeals claiming that flood risks for many of properties in the county were overestimated. The appeals, by Palm Beach County, West Palm Beach and other cities, were based largely on revised land and water elevation estimates in a study completed by the South Florida Water Management District (Boynton Beach did not file the appeal). The new map will become effective within the first half of 2017; however, as compared to the 1982 map, no major changes are expected for the City. Within the CM area, FEMA Special Flood Hazard Area covers approximately 320 acres, with about 50 acres of City parks and green spaces. The land area covered by the floodwaters of the base flood is the Special Flood Hazard Area (SFHA) on NFIP maps. The SFHA is the area where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. The SFHA includes Zones A, AO, AH, Al -30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE, and V. The City's SFHA within the coastal area includes zones A5, A7 and V8. Page 699 of 728 Page 7 File Number CPTA 16-001 Coastal Management Element updates • King Tides During September and October 2015 king tide events (the highest tide events occurring as a factor of the alignment of and distance between the Earth, Sun and Moon), tide predictions along Florida southeast coast were exceeded by 8-12 inches. Several areas in the City were affected with short term water ponding due to drainage system backflow and seawall breaching. The City is addressing the higher -than -normal king tides by extra elevation in all new projects and installation of back flow prevention valves on outlets. Addressing the issues through rebuilding of the existing public roads to raise elevation is very expensive; no current funding source exists. Sea Level Rise The source of the sea level rise maps and the underlying assumptions is the National Oceanic and Atmospheric Administration's (NOAH) Office for Coastal Management and the October 2015 Unified Sea Level Rise Projection report, compiled by the Sea Level Rise Work Group of the Southeast Florida Regional Climate Change Compact (Compact). Compact considered three planning horizons: (1) short, by 2030; (2) medium, by 2060; and (3) long, by 2100. The Figure 1 below illustrates the projections: FIGURE 1 � Unified Sea Level Rise Projection... •',. (Southeast Florida Region aIClimate Change Compact 2015). TCC AR5 Year R�adrhars USACE High I'd -ILal fins°les ;✓` 2030 & 10 12 ty`, w " t 2060 14 26 34 2100 33 61 81 � Pr _ 1+t" — ijjli x� 10;R .,..i. r,,_. 1 I i;i Peat' Figure 1: Unified Sea Level Rise Projection. These projections are referenced to mean sea level at the Key West tide gauge. The projection includes three global curves adapted for regional application: the median of the IPCC AR5 RCP8.5 scenario as the lowest boundary (blue dashed curve), the USACE High curve as the upper boundary for the short term for use until 2060 (solid blue line), and the NOAA High curve as the uppermost boundary for medium and long term use (orange solid curve). The incorporated table lists the projection values at years 2030, 2060 and 2100. The USACE Intermediate or NOAA Intermediate Low curve is displayed on the figure for reference (green dashed curve). This scenario would require significant reductions in greenhouse gas emissions in order to be plausible and does not reflect current emissions trends.' For the sea level rise maps included in the Flood Hazard Map Series, a medium planning horizon is assumed; the two maps (for the northern and southern Coastal Management Area) show projected inundation at the 1 foot and 2 foot sea level rise. Page 700 of 728 Page 8 File Number CPTA 16-001 Coastal Management Element updates According to the report, medium and long term projections involve a significant range of variations due to uncertainty in future greenhouse gas emissions and their geophysical effects, the incomplete quantitative understanding of all geophysical processes affecting the rate of sea level rise in climate models and current limitations of climate models to predict the future. The NOAA's Office for Coastal Management allows for an online review of sea level through its Sea Level Rise Viewer. The Viewer's map also depicts levels of confidence. In this application, 80% is considered a high degree of confidence: some areas are correctly mapped as 'inundated' more than 8 out of 10 times while areas with a high degree of uncertainty represent locations that may be mapped correctly (either as inundated or dry) less than 8 out of 10 times. The Viewer's confidence map (not included in the attached map series) shows that the projected inundation impact of a 2 - foot sea level rise in the Boynton Beach coastal area is associated with a high degree of uncertainly. Top Flood Risk Area As stated earlier in this report, by 2018 the City shall initiate a study which would evaluate establishment of the Adaptation Action Area(s). Map # 6 included in the Flood Hazard Map Series shows a section of the CMA identified as a top flood risk area, extending south from NE 10th Avenue (Martin Luther King, Jr. Boulevard) to SE 2nd Avenue, with Federal Highway as its approximate western boundary. The subject section of the CMA: • Features as a high risk area in all flood hazard maps • Experienced significant flooding during October 2015 king tide event • Contains the evaluation route from the barrier island • Is targeted for high density redevelopment The area will be considered a priority for inclusion in the incoming Adaptation Action study. RECOMMENDATION The proposed text amendments to the Coastal Management Element and the accompanying map series would be transmitted in continuation of the Evaluation and Appraisal Review process for the City's Comprehensive Plan. Therefore, staff recommends that: 1. The Planning and Development Board recommend approval of the proposed amendments, and Page 701 of 728 Page 9 File Number CPTA 16-001 Coastal Management Element updates 2. The City Commission, acting in its capacity as the Local Planning Agency, approve the amendments for transmittal to the State Land Planning Agency (Florida Department of Economic Opportunity) and reviewing agencies. ATTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\CPTA 16-001 EAR\Report CPTA 16-001.docx Page 702 of 728 City of Boynton Beach Coastal Management Element Goals, Objectives, and Policies Goal 7 To develop and maintain the Coastal Management area in a manner which protects human life, limits public expenditures in areas subject to destruction by natural disasters while preserving beach, shoreline, marine, wildlife, and recreational resources. Objective 7.1 The City shall continue to enforce all applicable local, state, and federal coastal environmental regulations while providing for the development and redevelopment of waterfront residential -properties. Measurability: Number of special permits issued for waterfront residential development. Policy 7.1.1 The City shall continue to participate in and, where appropriate, locally enforce all existing coastal regulatory activities of the Environmental Protection Agency, the Florida Department of Transportation, the Department of Environmental Protection, South Florida Water Management District, Palm Beach County Environmental Resource Management, & and Palm Beach County Health Department. Policy 7.1.2 The City shall continue to regularly review and, where necessary, modify local development regulations to ensure that development projects utilize best management construction techniques for natural resource protection. Objective 7.2 The City shall coordinate with the Florida Department of Environmental Protection, the South Florida Water Management District, Palm Beach County Department of Environmental City of Boynton Beach 7-1 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 703 of 728 Resources Management, and other affected parties in meeting the requirements of the Florida Total maximum Daily Load Program for the Lake Worth Lagoon. Measurability: Mtmber of measitres Actions initiated in order to meet the Florida TMDL requirements for the Lake Worth Lagoon. Policy 7.2.1 The City shall continue to implement the local water quality improvement program for the City's portion of the Intracoastal Waterway using current stormwater data. Policy 7.2.3 The City will continue to maintain a program of street sweeping roadways and parking areas that drain into the Intracoastal Waterway. Policy 7.2.4 The City, in cooperation with the South Florida Water Management District will continue to enforce the local building construction threshold criteria such that major modifications to existing uses conform to local and regional stormwater pre-treatment standards. Policy 7.2.5 The City shall continue to enforce the land development regulations to require future marinas to be designed to maximize flushing of the marine basin and to provide for proper sanitary sewer hook-ups. Policy 7.2.6 The City shall continue to support the consolidated efforts of the Lake Worth Lagoon Management Plan and Committee and any efforts of Intergovernmental Plan Amendment Review Committee with regard to this important ecosystem. Policy 7.2.7 The City shall continue to seek support and funding from County, State, and Federal agencies relative to establishing a long-term water quality improvement program for Lake Worth Lagoon and the Intracoastal Waterway. City of Boynton Beach 7-2 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 704 of 728 PAN PFAISMAKFa ■. ��• • ,�1111 1111 Objective 7.43 Subsequent to Plan adoption, or when mandated by state statute, the City, in cooperation with Federal, State, County, and adjacent governments will protect and restore the existing coastal dune system and beaches along the City's beachfront and establish standards to minimize the beach and dune impacts of man-made structures. Measurability: Amount of coastal dune system and beaches restored and protected. Policy 7.43.1 The City shall continue to coordinate with the Coastal Council and other agencies to identify County, State and Federal grants available for establishing a local dune protection program. Policy 7.43.3 The City shall continue to provide resolutions to support and maintain areawide beach renourishment efforts, if determined to have no significant negative impact on reefs and other living marine resources. Policy 7.43.4 The City shall continue to provide resolutions that support and maintain improvements of South Lake Worth Inlet to minimize beach erosion. City of Boynton Beach 7-3 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 705 of 728 1204E�� 7.8.4 The Qt�� shall adept the ElAn4t4an of the Ceastal High HaiEafd line as established by a Sea, " City of Boynton Beach 7-4 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 706 of 728 availabilit)�, the City Shall EOE)FElifiate with Palm BeaEh QWHty ]RIFFkafie shelteF SpaEe withifi a timely mamief. The City shall also fieeds of the T -CE A a.,rl the (- a m, -,t r i i afid the like fF Objective 7.404 The City shall continue to protect, conserve and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats. Measurability: Number of acres of habitat protected. Policy 7.404.1 The City shall continue to discourage site clear -cutting and protect, restore and enhance, where possible, existing natural areas and native species, such as beaches and dunes, wetlands, estuaries and drainage systems. City of Boynton Beach 7-5 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 707 of 728 Policy 7.494.2 The City shall continue to encourage responsible agencies to support and enforce the designation of low speed, wake free areas along the Intracoastal Waterway. Policy 7.404.3 The City shall continue to assist with the mitigation strategy programs of transplanting seedlings of red mangrove and marsh grass into the intertidal mangrove areas. Policy 7.404.4 The City shall continue to cooperate with the appropriate agencies on the installation of channel markers to protect sea grasses from prop dredging. Policy 7.404.5 The City shall continue to develop and support educational programs, enhancements, and proper maintenance of the Mangrove Nature Trail and Nature Center in the mangrove hammock adjacent to the eastern terminus of Boynton Beach Boulevard. Policy 7.404.6 The City shall continue to enforce the use of native vegetation species in meeting local landscaping requirements. Policy 7.404.7 The City shall continue to enforce the establishment of buffer areas adjacent to natural areas and mangrove sites, open space provisions, tree protection, storm drainage, and best management practices, and amend to comply with policies in this Element. Policy 7.404.8 The City shall continue to enforce the permitting and mitigation requirements of County, State, and Federal agencies in developing in natural, wetland, and mangrove areas. Policy 7.404.9 The City shall continue to support and cooperate in efforts to preserve and encourage turtle nesting along the City's beach area. Policy 7.404.10 The City shall continue to consider the specific and cumulative impacts of development or redevelopment on wetlands, estuaries, water quality, water quantity, wildlife habitats, living marine resources and beach and dune systems. Policy 7.404.11 The City shall abide by the 2007 Palm Beach County Manatee Protection Plan herein adopted by reference and shall support the County's efforts to protect manatees and their habitats. City of Boynton Beach 7-6 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 708 of 728 Objective 7.5 The City shall continue to search for seek opportunities to increase the amount number of water -dependent and water - related uses and strive to ensure public access to beach and waterfron areas.shor-eline facilities by prioritizing shoreline uses vVith Priority given to -water dependent uses. Measurability: Increase in the number of water dependent and water related uses during the planning period. Policy 7.5.1 The City shall evaluate Land Development Regulations to ensure accommodation of and expand provisions for water -dependent and water -related uses to enhance its brand of a coastal communi1y and to increase business and recreational oaaortunities for both residents and visitors. Policy 7.5.2 The City shall ensure that redevelopment projects on waterfront properties provide waterfront access to theeng eral public while encouraging developers to include waterfront uses and amenities fostering pedestrian traffic. Policy 7.445.43 The City shall continue support, through resolutions, area -wide efforts to acquire and develop additional waterfront and beachfront sites on the condition that such increases do not harm natural resources. City of Boynton Beach 7-7 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 709 of 728 1204EY 7.44.3 Stibseqtient to Plan - -- --- a------ -- adaptian7 the ---- Qt�4 shall adept and impleffiefft City of Boynton Beach 7-7 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 709 of 728 Policy 7.445.44 The City and the Boynton Beach Community Redevelopment Agency shall continue to seekrp ovide funding forte maintenance and improvements, as needed; to pFeseFv for the City's two existing public waterfronts: Boynton Harbor Marina and the Beat Club Harvey E. Oyer Tr. Park. The Policy 7.445.75 The City shall ensure that any new marina or marina expansion minimizes impacts on coastal and marine resources by coordinating review of marina development with input from all appropriate federal, state, regional, and county agencies. The Q Policy 7.445.86 The City shall only allow for location of marinas, boat ramps and other water -dependent uses in a manner which protects seagrass and manatees. Upon the siting of such water -dependent uses, the City shall continue to implement adequate provisions to protect seagrass and manatees such as, but not limited to, minimizing dredging, marking navigation channels, supporting boat speed restrictions, speed zone enforcement, information and restrictive signage, and construction standards so as to not entrap manatees or damage seagrass. To further this goal, new marinas shall only be permitted within the areas identified as a "Preferred" siting category in accordance with the Palm Beach County Manatee Protection Plan. Obiective 7.6 The Citv shall continue to assess the current and future risks to human life and property from floods and other natural hazards in the coastal areas and implement development and redevelopment strategies that reduce such risks. Measurability: Map updates, vulnerability assessments Policy 7.6.1 The City shall maintain and update as needed all maps-- including FEMA flood zones and repetitive claim maps, storm surge/Coastal High Hazard Area maps and sea level rise impact maps— identifying aps— identi. ing current and potential future areas subject to high flood hazard. City of Boynton Beach 7-8 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 710 of 728 Policy 7.6.2 The City shall continue to document and maintain maps of extreme high tides ("king tides'), more frequent severe rainfall events and newly revealed areas at risk of flooding to efficiently target mitigation efforts. Policy 7.6.3 The City shall continue to provide flood relief and cleaning operations to lessen the resident's hardship after a major rainstorm and document the Gigs after -the -storm efforts to evaluate and recommend implementation of minor improvements and projects to be included in the Capital Improvements Plan. Policy 7.6.4 The City shall continue to utilize the Future Land Use Map and the recommendations of the Community Redevelopment Area Consolidated Plan as the basis for development and redevelopment. The siting design and construction of structures shall be consistent with regulations contained in the the 51h Edition of the Florida Building Code and the City Flood Prevention Code as amended from time to time. Policy 7.6.5 The City shall manage its planning, regulatory and utility services to steer future population concentrations away from the Coastal High Hazard Areas (CHHA), which is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Policy 7.6.6 The City shall not approve any increases in hotel/motel beds and residential densities in the Coastal High -Hazard Area that would increase evacuation times above the 16 hours level of service for out -of -county hurricane evacuation for a category 5 storm event as measured on the Saffir-Simpson scale as provided in Section 163.3148(9)(a), F. S.. Policy 7.6.7 By 2017, the City shall amend Land Development Regulations to prohibit hospitals, congregate living facilities for persons with special needs, nursing homes, and the like from locating within Coastal High -Hazard Area and FEMA -defined Special Flood Hazard Area, and also encourage such existing facilities to relocate to safer locations within the Citv. Policy 7.6.8 Redevelopment of existing dwelling units located in the Coastal High -Hazard area is prohibited unless an engineering study supports that the redevelopment can occur in a safe manner when City of Boynton Beach 7-9 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 711 of 728 considering building construction, design, siting and future storm events. Policy 7.6.9 The City shall limit public expenditures in the Coastal High Hazard Area or flood -prone areas by restricting expansion/ improvement of the existing utilities except for improvements necessary to (1) correct current deficiencies; (2) serve planned redevelopment pursuant to the CRA Community Redevelopment Plan; or (3) improve environmental quality. 7.6.10 The City shall require that any construction activites seaward of the coastal construction control lines established pursuant to Chapter 161.058, F.S. be consistent with the statutory provisions. Policy 7.6.11 The city shall continue to revise building codes and land development regulations to enhance flood mitigation measures in vulnerable areas to reduce future risks associated with high tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise. In these areas, the Cie shall require vulnerability reduction measures for all new construction, redevelopment and infrastructure such as additional hardening higher floor elevations or incorporation of natural infrastructure for increased resilience. Policy 7.6.12 The City shall consider, whenever feasible, purchasing_ properties in areas most vulnerable to destructive storm surges for recreational uses and open space. Policy 7.6.13 Rise in sea level projected by the federal government (National Oceanic and Atmospheric Administration) shall be taken into consideration in all future decisions regarding the design, location, and development of infrastructure and public facilities in the potentially affected areas. Objective 7.7 The City shall continue to apply the best planning and engineering practices in development to attenuate and mitigate future flood events and modify the Land Development Regulations and other relevant regulatory documents as needed. Measurability: Update of the Flood Prevention Code, number of new stormwater projects funded City of Boynton Beach 7-10 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 712 of 728 Policy 7.7.1 By the end of 2017, the City shall further update its 2010 floodplain ordinance (Flood Prevention Code) for consistency with the 51h edition of the Florida Building Code and also ensure that all future modifications of the flood -resistant construction requirements in the Flood Prevention Code continue to be consistent with, or more stringent than, requirements of the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. Policy 7.7.2 The City shall continue to upgrade its stormwater infrastructure through drainage improvements, installation of tidal backflow preventers, and seawall repair in addition to sustainable flood management actions such as installation of bioswales, recharge through drainage wells, use of pervious pavement, maintenance of natural preserves areas and protection of tidal beaches that will stand the test of time and be adaptable to future climate changes. Policy 7.7.3 The floodplain administrator /building official shall review all permit applications to determine whether proposed development sites will be reasonably safe from flooding. If a proposed development site is in a flood hazard area, all site development activities, (including grading, filling, utility installation and drainage modification), all new construction and substantial improvements shall be designed and constructed with methods, practices and materials that minimize flood damage and that are in accordance with the citv Flood Prevention Code. Policy 7.7.4 The City shall continue to participate in the National Flood Insurance Program's Community Rating System (CRS) administered by the Federal Emergency Management Agency (FEMA) to reduce flood losses and achieve flood insurance premium discounts for their residents. Objective 7.68 The City shall continue to provide for the local implementation of the County Emergency Preparedness Plan with respect to residential notification, evacuation and City management techniques, with particular emphasis towards the City's multi -family and mobile home areas through an interlocal agreement, and to encourage public participation in the planning process. Measurability: Ongoing coordination with the Palm Beach County Division of Emergency Management. City of Boynton Beach 7-11 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 713 of 728 Policy 7.68.1 The City shall establish and maintain procedures to maintain local emergency services personnel familiarity with Palm Beach County's adopted Emergency Preparedness Plan - Policy 7.78.2 The City shall continue to participate in all countywide emergency preparedness preparation and practice sessions. Policy 7.78.43 The City shall provide input to the County's informational program which identifies the location and magnitude of the coastal area population requiring assistance in evacuation. Policy 7. 8.4 The City shall continue to participate in the Palm Beach Count Hazard Mitigation Working Group (HMWG) and to adopt the HMWG pertinent recommendations on hazard mitigation. Policy 7.8.5 The City shall participate in a long-term, coupe wide, comprehensive shelter program coordinated with public, private, City of Boynton Beach 7-12 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 714 of 728 non-profit organizations to ensure adequate shelter space is available for the long-term needs of the City and the County. Objective 7.9 The City shall continue the implementation of its Climate Action Plan, revised in December 2015, which will include a study aimed at exploring options for establishment of Adautation Action Area(s). Measurability: Adaptation Action Area Study funded and initiated be�� e� nd of 2018. AA areas established bii 2020. Policy 7.9.1 By the year 2018, the City shall intiate a study to evaluate options to establish Adaptation Action Area(s) pursuant to Chapter 163.3177, F.S. for coastal areas that experience flooding due to extreme high tides and storm surge and that are vulnerable to rising sea level. The study will identify portions of the City where the need to improve resilience is the highest and prioritize those areas for adaptation measures and funding of infrastructure improvements. The study shall consider the areas that: 1. Are below, at, or near the average water level; 2. Have a hydrological connection to coastal waters 3. Are designated as evacuation zones for storm surge 4. Are otherwise impacted by climate -related drainage/flood control. Policy 7.9.2 The City shall collaborate/ coordinate with its partners from the Southeast Florida Regional Climate Change Compact on adaptation activities and access to technical assistance and support. Policy 7.9.3 By the end of 2017, the City shall integrate its Climate Action Plan into elements of the Comprehensive Plan as appropriate. Policy 7.42.4 The Qt)� shall cefififiue to utilize the Cemmufiit)� RedevelepmeRt City of Boynton Beach 7-13 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 715 of 728 City of Boynton Beach 7-14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 716 of 728 FeplaEe �� /PO4EY7.42.4 The Qt�4 shall modify the band Pe*�elapment Regtilatians to1204EY 7.42.5 The Qt�4 Shall 414+ide in the Post Pisastef Rede*�elapfnent PlanPlanning 54+d�- ObjeEfive 7.13 By 2013, the in City shall the coastal high hazard area. at risk poptildfieffconcentrations City of Boynton Beach 7-14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 716 of 728 1204E�� 7.43.4 The Qt�� shall implement b�� 2043, the past Elisastie-F fede*�elapm City of Boynton Beach Comprehensive Plan Amendments 08-01 EAR - - Qiliis activities. 7-15 Date: August 19, 2008 Coastal Management Element Ordinance: 08-007 Page 717 of 728 FLOOD HAZARD MAP SERIES Page 718 of 728 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 1A: Storm Surge Categories Legend aim City Boundary 0 500 1,000 1,500 2,000 mEmmmmmmzzzzeet Page 719 of 728 MAP SERIES: FLOOD HAZARD Coastal Management Area South MAP 113: Storm Surge Categories Legend Storm Surge Zones aim City Boundary 0 620 1,240 1,860 2,480 Feet r N r a Page 720 of 728 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 2: Coastal Flood Hazard Areas Legend Coastal High Hazard Area (CHHA) -no-aim City Boundary 0 875 1,750 2,625 3,500 Feet Page 721 of 728 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 3: FEMA Special Flood Hazard Areas (SFHA) Legend SFHA FLOOD ZONES A5 A7 V8 --sul City Boundary Source: FEMA 1982 Note: New FEMA maps awaiting approval 0 875 1,750 2,625 3,500 Feet Page 722 of 728 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 4: Historical Flood Insurance Claims Legend Claims by Decade 1970's (10) 1980's (9) 1990's (27) ❑ 2000's (25) 2010-2015 (14) El Special Flood Hazard Areas (SFHA) 1,000 2,000 3,000 4,000 Feet Page 723 of 728 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 5A: Sea Level Rise Impact Projected Inundation at 1 and 2 feet Legend SLR at 1 foot EM SLR at 2 feet ....... City Boundary Source: NOAA Office for Coastal Management 0 500 1,000 1,500 2,000 Feet E 26h Im Page 724 of 728 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 513: Sea Level Rise Impact Projected Inundation at 1 and 2 feet Legend SLR at 1 foot EM SLR at 2 feet ....... City Boundary Source: NOAA Office for Coastal Management 0 625 1,250 1,875 2,500 Feet I No SE is to In Page 725 of 728 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 6: Top Flood Risk Area Legend = SFHA (A5) FEMA Flood Zone SFHA (A7) FEMA Flood Zone Coastal High Hazard Area Projected Inundation Sea Level Rise at 1 foot mil City Boundary 0 400 800 1,200:00 wwmmmmrzzzeet Page 726 of 728 15. D. FUTURE AGENDA ITEMS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 10/21/2016 - 6:40 AM Finance Howard, Tim Approved 10/21/2016 - 6:40 AM City Manager LaVerriere, Lori Approved 10/25/2016 - 4:07 PM Page 727 of 728 15. E. FUTURE AGENDA ITEMS 11/15/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/15/2016 REQUESTED ACTION BY COMMISSION: Interlocal Agreement with CRA for Community Standards Outreach position - December 20, 2016. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 11/6/2016 - 7:56 AM Howard, Tim Approved 11/6/2016 - 7:56 AM LaVerriere, Lori Approved 11/6/2016 - 0:62 AM Page 728 of 728