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Agenda 10-18-16The City of Boynton Beach City Commission Agenda Tuesday, October 18, 2016, 6:00 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 482 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 482 1. OPENINGS A. Call to Order - Mayor Steven B. Grant CLOSED -DOOR SESSION to be held on October 18, 2016 at 6:00 p.m. for private attorney-client sessions to discuss pending litigation in the case of : GERMAN MINA, Plaintiff, vs CITY OF BOYNTON BEACH, FLORIDA, Defendant, Palm Beach County Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida Case No. 50 2003 CA 010606 XX ED(AJ) I nvocation Pledge of Allegiance to the Flag led by Commissioner Katz 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 department staff about the Fire Department. B. Announce early voting for the November 8th General Election being held from Monday, October 24th through Sunday, November 6th at the Ezell Hester Community Center. The polls are open from 7 a.m. to 7 p.m. each day. C. Proclaim October 23-31, 2016 as Red Ribbon Week to encourage a drug free lifestyle and involvement in drug prevention and reduction efforts. D. Proclaim October 17-21, 2016 as Poverty Awareness Week E. Discussion of Haiti relief efforts in partnership with Sister Cities. F. Announcement of the Community Redevelopment Agency's (CRA's) 5th Annual Boynton Beach Pirate Fest and Mermaid Splash. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Page 3 of 482 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 Resources Preservation Bd: 1 Alt Senior Advisory Board: 2 Alts 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. R16-137 - Authorize the City Manager to sign an extension of the Interlocal Agreement with the Town of Lantana for Water Main Interconnection as previously agreed in resolution R12-007 and signed January 24, 2012. This extension to be for a period of 5 years as detailed in Section 6 of the current agreement. B. PROPOSED RESOLUTION NO. R16-138 - Authorize the City Manager to sign a Subscription Agreement with American Funding Innovators, Inc. for an annual amount of $7,825 for the service period November 1, 2016 - October 31, 2017. C. Approve the annual blanket purchase order request for an estimated total annual expenditures of $30,000 to Sunbelt Waste Equipment for Heil manufactured waste haul bodies. Sunbelt Waste Equipment is the sole source and authorized dealer and repair center for Heil products. D. Approve to increase the Purchase Order #160152 to South Florida Emergency Vehicles from $20,000 to $40,500, this is a sole source purchase. E. Authorize utilizing the State of Florida Contract No. 46000000-15-1, Defense Products, with Lou's Police and Security Equipment for police equipment, body armor, firearms and ammunition for an estimated annual expenditure of $90,000. The State of Florida procurement process satisfies the City's competitive bid requirements. F. Legal expenses - September 2016 - Information at the request of the Commission. No action required. G. Accept the Fiscal Year 2015-2016 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ending August 31, 2016. H. 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 October 18, 2016 - "Request for Extensions and/or Piggybacks". I. Approve the minutes from the Regular City Commission meeting held on October 4, 2016. 7. BIDS AND PURCHASES OVER $100,000 A. Authorize the expenditure of a not -to -exceed amount of $175,000 to furnish and install emergency equipment for law enforcement vehicles for the FY 16/17, based on Bid No. 020-2110-16/JMA, with Law Enforcement Supply of Coconut Creek, FL as Primary Vendor and to Strobes -R -Us Inc. of Pompano Beach, FL as the Secondary Vendor that was awarded by the Commission on March 1, 2016. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Page 4 of 482 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R16-139 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA funding of the Neighborhood Officer Policing Program for FY 16/17 for an amount not to exceed $263,000. B. PROPOSED RESOLUTION NO. R16-140 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Heritage at City View Housing Partners, LP (NuRock Development Partners, Inc.) in association with their application for the 9% tax credit for Low Income Housing Tax Credit program for the proposed development on southeast side of Martin Luther King Jr. Blvd and sign any related application documents to confirm such support. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD -None 14. LEGAL - None 15. FUTURE AGENDA ITEMS A. City Commission to review Legislative Priority List for upcoming Legislative Session - November, 2016 B. Monthly Departmental Presentations: Human Resources - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 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. (TBD upon return with State approval) D. Upon successful negotiations, the Commission will ratify the SEIU and PBA union contracts -TBD 16. ADJOURNMENT NOTICE 1F APER.SON DECIDES TOAPPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED 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 Page 5 of 482 PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDAITEMS 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 6 of 482 1.A. OPENING ITEMS 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant CLOSED -DOOR SESSION to be held on October 18, 2016 at 6:00 p.m. for private attorney-client sessions to discuss pending litigation in the case of : GERMAN MINA, Plaintiff, vs CITY OF BOYNTON BEACH, FLORIDA, Defendant, Palm Beach County Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida Case No. 50 2003 CA 010606 XX ED(AJ) I nvocation Pledge of Allegiance to the Flag led by Commissioner Katz 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: Page 7 of 482 Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Approved Date 10/14/2016 - 1:27 PPA Page 8 of 482 2.A. OTHER 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 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 tanzione, Tammy Approved 10/14/2016 - 1:07 FSM Page 9 of 482 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Presentation by department staff about the Fire Department. EXPLANATION OF REQUEST. The 5-7 minute PowerPoint presentation will provide basic information about the Department. 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 10/10/2016 - 10:54 AM Howard, Tim Approved 10/12/2016 - 0:10 AM LaVerriere, Lori Approved 10/13/2016 - 2:07 PM Page 10 of 482 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Announce early voting for the November 8th General Election being held from Monday, October 24th through Sunday, November 6th at the Ezell Hester Community Center. The polls are open from 7 a.m. to 7 p.m. each day. EXPLANATION OF REQUEST. Florida Statutes 101.657(1)(a) states, "The supervisor may also designate any city hall, permanent public library facility, fairground, civic center, courthouse, county commission building, stadium, convention center, government-owned senior center, or government-owned community center as early voting sites; however, if so designated, the sites must be geographically located so as to provide all voters in the county an equal opportunity to cast a ballot, insofar as is practicable." HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Accommodations are made by staff to facility voting for all citizens. FISCAL IMPACT. Non -budgeted None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance Reviewer Action Date Howard, Tim Approved 0/20/2016 - 5:53 PM Howard, Tim Approved 0/20/2016 - 5:53 PM Page 11 of 482 City Manager Howard, Tim Approved 9/27/2016 - 2:03 PPA Page 12 of 482 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Proclaim October 23-31, 2016 as Red Ribbon Week to encourage a drug free lifestyle and involvement in drug prevention and reduction efforts. EXPLANATION OF REQUEST: The mission of the Young Marine program is to develop good citizenship and promote a healthy, drug-free lifestyle in our youth. Drug awareness and education are vital and key elements in the Young Marine's fight against illicit drug use and trafficking in our communities. To win this war on drugs, we must reduce the demand for illicit drugs and one of the best ways to accomplish this mission is through education and awareness. Red Ribbon Week is an excellent opportunity to promote illicit drug Awareness HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted None ALTERNATIVES: Do not make the proclamation STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Proclamation REVIEWERS: Department Reviewer Description Red Ribbon Proclamation Action Date Page 13 of 482 City Clerk Foyle, Judith Approved Finance Howard, Tim Approved City Manager LaVerrier , Lori Approved 10/12/2016 - 0:00 PPA 10/12/2016 - 0:04 PPA 10/10/2016 - 2:10 PPA Page 14 of 482 PROCLAMATION WHEREAS, communities across America have been plagued by the numerous problems associated with illicit drug use and those that traffic in them; and WHEREAS, there is hope in winning the war on drugs, and that hope lies in education and drug demand reduction, coupled with the hard work and determination of organizations such as the Young Marines of the Marine Corps League to foster a healthy, drug-free lifestyle; and WHEREAS, governments and community leaders know that citizen support is one of the most effective tools in the effort to reduce the use of illicit drugs in our communities; and WHEREAS, the red ribbon has been chosen as a symbol commemorating the work of Enrique "Kiki" Camarena, a Drug Enforcement Administration agent who was murdered in the line of duty, and represents the belief that one person can make a difference; and WHEREAS, the Red Ribbon Campaign was established by Congress in 1988 to encourage a drug-free lifestyle and involvement in drug prevention and reduction efforts; and WHEREAS, October 23-31, 2016 has been designated National Red Ribbon Week, which encourages Americans to wear a red ribbon to show their support for a drug-free environment; NOW, THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, do hereby officially recognize October 23-31, 2016 as RED RIBBON WEEK and call this observance to the attention of all of our citizens. 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 18th day of October, Two Thousand Sixteen. Steven B. Grant, Mayor ATTEST: Judith A. Pyle City Clerk (Corporate Seal) Page 15 of 482 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Proclaim October 17-21, 2016 as Poverty Awareness Week EXPLANATION OF REQUEST: Inspire and equip families and communities to resolve poverty and thrive. The CIRCLES® initiative has been successfully implemented in more than 80 communities across the United States. The Palm Beach County chapter has three classes -two based in Boynton Beach and a third in Riviera Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted ALTERNATIVES: Not to proclaim October 17-21, 2016 as Poverty Awareness Week STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Poverty Awareness Week REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 10/12/2016 - 3:03 PM Page 16 of 482 Finance Howard, Tim Approved 10/12/2016 - 0:06 PPA City Manager LaVerrier , Lori Approved 10/10/2016 - 2:10 PPA Page 17 of 482 WHEREAS, Circles of Palm Beach County a program of Pathways to Prosperity is a part of a national movement to end poverty; and WHEREAS, Circles of Palm Beach County is promoting Poverty Awareness Week to increase awareness to issues related to low — income families in our community; and WHEREAS, throughout the week, community members will have an opportunity to participate in a variety of activities and commit to challenges that will bring them face to face with the barriers so many impoverished people in our city experience on a daily basis; and WHEREAS, these challenges include watching films illustrating society's everyday struggle with poverty, eating on $4.50 cents per day, taking public transportation for an entire day and participating in a real-life poverty simulation; and WHEREAS , Circles of Palm Beach County will convene participants who took the challenge to discuss their experience and encourage individuals to get involved with Circles to fight poverty throughout Palm Beach County. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim October 17-21, 2016 as: Poverty 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 18th day of October, Two Thousand and Sixteen. ATTEST: Judith A. Pyle, CMC City Clerk Steven B. Grant, Mayor (Corporate Seal) Page 18 of 482 3.E. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Discussion of Haiti relief efforts in partnership with Sister Cities. EXPLANATION OF REQUEST. Representatives from Sister Cities would like to discuss possible City participation/cooperation with Haiti relief efforts in the wake of Hurricane Matthew. 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 10/12/2016 - 3:03 PM Howard, Tim Approved 10/12/2016 - 3:04 PM LaVerriere, Lori Approved 10/13/2016 - 2:07 PM Page 19 of 482 3.F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Announcement of the Community Redevelopment Agency's (CRA's) 5th Annual Boynton Beach Pirate Fest and Mermaid Splash. EXPLANATION OF REQUEST: The 5th Annual Boynton Beach Pirate Fest and Mermaid Splash will be held on October 22nd and 23rd, on Ocean Avenue between Seacrest Boulevard and Federal Highway. On Saturday, October 22nd, Pirate Fest runs from 11:00 a.m. to 10:00 p.m. and on Sunday, October 23rd from 11:00 a.m. to 7:00 p.m. The Pirate Fest will open with a concert on Friday, October 21st from 6:00 p.m. to 10:00 p.m. at the Ocean Avenue Amphitheatre. The festival opens with canon fire, and includes eleven stages of continuous live music, comedy acts, children's activities, pirate re-enactments, live mermaid shows, stunt shows & aerial acts, magic shows, costume contests, the Mermaid pageant, treasure hunts, Mermaid & Mariner's Parade and more. Craft and food vendors, including local businesses and restaurants, will be on-site. This event is FREE to the public. There is plenty of free parking available in the surrounding areas. Everyone is encouraged to participate in the "pirate/mermaid nostalgic maritime" theme by dressing in costume! The Schoolhouse Children's Museum and Learning Center will present a Spooktacular Haunted (School) House, both days, 11:00 a.m. to 5:00 p.m. The cost to attend is $5 (for 1 adult). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City will provide necessary support such as road closures, water service, marketing assistance, etc. to the event. FISCAL IMPACT. Budgeted CRA Budget — line item 02-58500-480 ALTERNATIVES: Do not allow announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 20 of 482 Is this a grant? No Grant Amount: ATTACHMENTS: Type Attachment REVIEWERS: Department Finance Finance City Manager Description Pirate Fest-mermaid Splash Poster Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 10/12/2016 - 2:48 PPA 10/12/2016 - 2:48 PPA 10/10/2016 - 2:07 PPA Page 21 of 482 C1111,1111•'[1 TIN I , 1 0 w I•,I All -•-I— M RABaa(OLLWI= W:Twkwwo cia KOM CHURCH UITR'lk d" for = WPOW"M FL TAAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeefinglCRA BoardXFY 2016 - 2017 Board MeetingslOct 201 6NSPECIAL EVENTS - The 5th Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash (Exhibit A).docx Page 22 of 482 I I grill '1111 111 111 I'liql1ir Izj!1II11 I l�I� T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeeflngkCRABoar(AFY2016 -2017 Board MeetinI 20161SPECIAL EVENTS - The 5th Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash (Exhibit A).doex Page 23 of 482 OLLWOM 13 JOURNISY RUM CHURCH 04-3 1LBIGUHRU In. ' W-1 T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeeflngkCRABoar(AFY2016 -2017 Board MeetinI 20161SPECIAL EVENTS - The 5th Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash (Exhibit A).doex Page 23 of 482 5.A. ADMINISTRATIVE 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 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 Resources Preservation 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: ATTACHMENTS: Type Description Page 24 of 482 REVIEWERS: Department City Clerk Reviewer Appointments List Action Approved Date 10/14/2016 - 1:35 PPA Page 25 of 482 Arts Commission Mayor Grant Reg 3 yr term to 12/17 1 Katz Reg 3 yr term to 12/17 IV McCray Alt 1 yr term to 12/16 Applicants 0reMW Building Board of Adjustments and Appeals 11 McCray Reg 3 yr term to 12/17 Applicants None Education and Youth Advisory Board III Romelus Alt 1 yr term to 12/16 Tabled (2) IV Casello Alt 1 yr term to 12/16 Tabled (2) Applicants None Senior Advisory Board I Katz II McCray Applicants None Alt 1 yr term to 12/16 Tabled (2) Alt 1 yr term to 12/16 Tabled (2) Page 26 of 482 6.A. CONSENTAGENDA 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-137 - Authorize the City Manager to sign an extension of the Interlocal Agreement with the Town of Lantana for Water Main Interconnection as previously agreed in resolution R12-007 and signed January 24, 2012. This extension to be for a period of 5 years as detailed in Section 6 of the current agreement. EXPLANATION OF REQUEST. Boynton Beach Utilities has a number of Interlocal Agreements with neighboring Utilities to provide mutual assistance in the event of water supply difficulties. The Utility has two 8in connections with the Town of Lantana at the northern end of our service area. In the event of either party having difficulties in meeting demand for potable water the agreement provides appropriate protocols for opening these connections and paying for the water provided. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Continuation of this Agreement will provide both parties with a valuable back-up supply of potable water in the event of an emergency. The Florida Department of Health and the South Florida Water Management District encourage these interconnections FISCAL IMPACT. Non -budgeted There is no immediate cost unless an emergency occurs. ALTERNATIVES: Not to extend the agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 27 of 482 REVIEWERS: Department Reviewer Utilities Groff, Colin Utilities Groff, Colin Assistant City Manager Pyle, Judith Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Resolution Approving Extension of Water Main Interconnection with Town of Lantana Addendum to ILA with Lantana for Extension of Water Main Interconnect Signed copy of the Interlocal and Resolution from 2012 Action Date Approved 9/22/2016 - 11:58 ANA Approved 9/22/2016 - 11:59 ANA Approved 9/27/2016 - 1:31 FOIA Approved 10/10/2016 - 2:08 FOIA Approved 10/12/2016 - 11:40 AM Approved 10/16/2016 - 2:09 FOIA Page 28 of 482 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, APPROVING AN ADDENDUM TO THE INTERLOCAL AGREEMENT WITH THE TOWN OF LANTANA, PROVIDING FOR WATER MAIN INTERCONNECTION FOR AN ADDITIONAL FIVE (5) YEARS; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN THE ADDENDUM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 3, 2012, the City Commission approved an Interlocal Agreement between the Town of Lantana and the City of Boynton Beach for a Water Main Interconnection; and WHEREAS, the Interlocal Agreement provides for five (5) year extensions in writing to continue the Interlocal Agreement; and WHEREAS, staff recommends continuing the Agreement which will provide both parties with a valuable back-up supply of potable water in the event of an emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission does hereby approve and authorize the City Manager and City Clerk to sign an Addendum to Interlocal Agreement with the Town of Lantana to provide for an additional five (5) years of water main interconnection, a copy of which Addendum is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\5B45C05B-43EC-4D62-ADC2-55B61504033D\Boynton Beach.4219.1.Addendum_to_ILA_=Town_of_Lantana_=interconnections_(2016).doc Page 29 of 482 29 PASSED AND ADOPTED this day of , 2016. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 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 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\5B45C05B-43EC-4D62-ADC2-55B61504033D\Boynton Beach.4219.1.Addendum_to_ILA_=Town_of_Lantana_=interconnections_(2016).doc Page 30 of 482 ADDENDUM NO. 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF LANTANA FOR WATER MAIN CONNECTION This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "CITY", and THE TOWN OF LANTANA, FLORIDA, a Florida municipal corporation, hereinafter referred to as "Town" WITNESSETH: 1. The Interlocal Agreement between the City of Boynton Beach and Town of Lantana for Water Main Interconnection entered into January 24, 2012 is amended as follows: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and Town agree as follows: A. Pursuant to SECTION 6 TERM: RENEWAL. The Interlocal Agreement may be renewed for additional five (5) year periods upon the mutual, written consent of the parties, which consent must be reached by the parties prior to the expiration of the term or any extended term. The initial Agreement was for a term of five (5) years to expire on January 23, 2017. The parties wish to extend the term of the Agreement from January 24, 2017 through January 23, 2022. B. SECTION 10: NOTICE. Any and all notices required or permitted to be given hereunder shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. As to CITY: And As to TOWN: Lori LaVerriere, City Manager Utilities Department Deborah Manzo, Town Manager City of Boynton Beach City of Boynton Beach Town of Lantana 100 E. Boynton Beach Boulevard Attn: Colin Groff, Utilities Director 500 Greynolds Circle Boynton Beach, Florida 33435 124 E. Woolbright Road Lantana, Florida 33462 Fax (561) 742-6011 Boynton Beach, Florida 33435 Fax (561) 540-5011 Email: laverrierel@bbfl.us Fax (561) 742-6298 Email: dmanzo@lantana.org Email: groffc@bbfl.us Page 31 of 482 2. All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH ATTEST: Lori LaVerriere, City Manager APPROVED AS TO FORM: Judith A. Pyle, CMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Lori LaVerriere, as City Manager of the City of Boynton Beach, Florida, and acknowledged she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 2016. NOTARY PUBLIC My Commission Expires: Page 32 of 482 ATTEST: Nicole Dritz Town Clerk STATE OF FLORIDA COUNTY OF PALM BEACH TOWN OF LANTANA Deborah Manzo, Town Manager APPROVED AS TO FORM: R. Max Lohman, Town Attorney BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Deborah Manzo, Town Manager, and acknowledged he/she executed the foregoing 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 at in the State and County aforesaid on this day of 2016. NOTARY PUBLIC My Commission Expires: Page 33 of 482 6. N CONSENT AGENDA January 3, 2012 CITY OF 130YNTON 13EACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 3,2012 El OTHER UPUBLIC HEARING NATURE OF ❑ ANNOUNCEMENTS/PRESENTATIONS 1:1 El CITY MANAGER'S REPORT UNFINISHED AGENDA ITEM ED ADMINISTRATIVE . BUSINESS Z CONSENTAGENDA 0 NEW B USINESS ED BIDS AND PURCHASES OVER $100,000 Q 0 LEGAL FUTURE CODE COMPLIANCE AND LEGAL AGENDA ITEMS El SETTLEMFIVTI REQUESTED ACTION BY CITYCOMMISSION: PROPOSED RESOLUTION NO. R 12-007- Interlocal Agreement between the City and the Town of Lantana for a Water Mai n InterconnectioAppronve the ExPLANATION OF REQUEST: The purpose of thea re ent is to make provision for eitherpart to be able to supply the other with water in an emergency situation. The interconnection y between the two water distribution systems already exists and this agreement renews the provisions regarding operation of the valves and payment for water used. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enhance the abity have access to emergency supplies of water, There are other connections betilweenof outhe utility to distribution system and other utilities of a similar nature. The out Florida Water Management District encourages the use of these interconnections, FISCAL IMPACT: There will be no cost to the city unless we buy water from the town of Lantana. We will receive payment for any water used by them. ALTERNATIVES: Do not approve the agreement. Page 34 of 482 I RESOLUTION R12- 00-7 2 3 A RESOLUTION OF THE CITY OF BOINTON BEACH, 4 FLORIDA, APPROVING THE INTERLOCAL 5 AGREEMENT WITH THE TOWN OF LANTANA, 6 PROVIDING FOR WATER 7MAIN INTERCONNECTION; AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE 10 DATE. 12 WHEREAS, the To of Lantana and the City of Boynton Beach have water mains 13 on or near Hypoluxo Road between Seacrest Boulevard and US 1; and 14 WHEREAS, this agreement will provide for the interconnection for either party to be able to supply the other with water in an emergency situation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17: THE CITY OF BOYNTON BEACH, FLORIDA9 THAT: 10 Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. 205-ection 2, This Commission does hereby approve and authorize the Interim city 211 Manager and City Clerk to execution an Interlocal Agreement with the Town of Lantana to 22' provide for a water main interconnection, a copy of which Agreement is attached hereto as 231 Exhibit "A". 241 Section That this Resolution shall become effective immediately upon passage. Document in Windows Internet Explorer Page 35 of 482 2 3, 4 ql 11 20 211 211 2 2 2 2 2�2 P PASSED AND ADOPTED this 13 j— day of January, 2012. ATTEST: qJet M. Pr�ainito, MMC v Clerk Ity Clerk Document in Windows Internet Explorer CIT° OF BOYNTON EACH, FLORIDA ay r)— Vice Mx Comm M r — William Orlove, Commissioner — Marlene Ross M Page 36 of X482 THIS INTERLOCAL AGREEMENT made and entered into this � �6 day of Ckh nLkAprincipal-2012, by and between the City of Boynton Beach, a Florida municipal corporation tits ' address at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 334�5, hereinafter referred to as the "City", and the Town of Lantana, a Florida municipal corporation with its principal address at 500 Greynolds Circle, Lantana, Florida 33462, hereinafter referred to as the "Town" for Water Main Interconnection. WITNESSETH WHEREAS, the Town and the City have water lines installed in close proximity to each other along Hypoluxo Road between Seacrest Boulevard and San Castle Boulevard in Palm Beach County, Florida; and WHEREAS, the Town and the City desire to guard against the potential danger of failure of water service to customers within their service areas and to enhance their respective water distribution systems interconnectedness for security, emergency, and vulnerability preparedness; and WHEREAS, interconnections for water distribution systems is encouraged by the South Florida Water Management District and the Environmental Protection Agency to provide alternative sources of treated water in the event of an emergency or system failure; and WHEREAS, on September 2, 2003, the Town and the City entered into an Interlocal Agreement for Water Main Interconnection for a to of five (5) years; and WHEREAS, on November 16, 2004, the To and the City entered into a First Addendum to Interlocal Agreement for Water Main Interconnection to amend the cost sharing sections of the Agreement relating to the design and construction of the water main interconnections; and WHEREAS, the Town and the City failed to renew the September 2, 2003 Interlocal Agreement for Water Main Interconnection, which has now expired; and WHEREAS, it is in the best interests of both the Town and the City to enter into this new Agreement to ensure that potable water will continue to be available in an emergency situation; and Page 37 of 482 occurrence of a Water Service Emergency, a written communication from the City/Town Manager or his authorized designee of the Receiving Party requesting the opening of the Interconnection valve, setting forth the nature of the Water Service Emergency and providing an estimated duration of the Water Service Emergency (the "Interconnection Request") shall be faxed or e-mailed, if at all possible, at least forty-eight (48) hours prior to the start of such Water Service Emergency. The Interconnection Request by the Receiving Party is the only communication necessary prior to a water service supply decision by the Supplying Party. Notwithstanding the above, in the event of an actual emergency where advance notice cannot be provided, the Supplying Party's Manager or his designee may authorize the opening of the Interconnection valve without the Interconnection Request, but the Interconnection Request must be then provided and a decision to open the Interconnection valve must be reviewed by the applicable Town or City Staff members within twenty-four (24) hours of valve opening in order that certain conditions as set forth hereinabove at Section 3 may be imposed or to allow the Supplying Party the right of refusal of the request as provided for herein at Section 7. A request to discontinue the water service through the Interconnection at the end of a Water Service Emergency must be provided by fax or e-mail by the Receiving Party's City/Town Manager or his authorized designee at least forty-eight (48) hours prior to the proposed shut-off of the Interconnection valve. SECTION6 TERMLRENEWAL. It is understood by both parties that the term of this Interlocal Agreement is five (5) years, This Interlocal Agreement may be renewed for additional five (5) year periods upon the mutual, written consent of the parties, which consent must be reached by the parties prior to the expiration of the to or any extended term. In the event that the Interlocal Agreement is not renewed, this Interlocal Agreement shall automatically terminate at the end of the five (5) year term. SECTION 7 I OFREFISA L, Each party to this Interlocal Agreement expressly acknowledges the right of either party to refuse to provide the Emergency Water Service, as set forth in this Interlocal Agreement, if the City/Town Manager of the Supplying Party which refuses the Interconnection Request determines that the provision of such service would not be in the best interest or \vould constitute a danger to the health, safety and welfare of its citizens, for any reason whatsoever. In the event of such a refusal, the parties agree that neither party has a claim against the other for the exercise of the Supplying Party's right to refuse the provision of water service under 51 W Page 38 of 482 this Agreement. SECTIO N 8: Ll_-ABILITYThep ies to this Interlocal Agreement shall not be deemed -to assume any liability for the negligent or wrongful acts, or omissions of the other party, and each party agrees to be responsible for its own acts, omissions, negligence, and willful misconduct, and the acts, omissions, negligence, and willful misconduct of its employees, officers, and agents. Nothing contained herein shall be construed as a waiver, by either party, of the liability limits, protections, and immunities established in Sec. 768.28, Florida Statutes. SLC_TION 9. GOVERNMENTAL POWERS. Both parties acknowledge that this an Interlocal Agreement under Chapter 163, Florida Statutes, and that each party shall retain all legislative authority with regard to its respective governing body. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agency shall apply to the same degree and extent to the perforinance of such functions and duties of those officers, agents, or employees extra -territorially under the provisions of any Interlocal Agreement, All provisions of this Agreement calling for the expenditure of ad valorem tax revenue by either the City or the To are subject to annual budgetary funding, and should either party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this agreement may be terminated, SECTION 10. LOTICE. Any and all notices required or permitted to be given hereunder steal I be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested, As to CITY, Fo —r iL—a V_e r _r ie r c, Interim City Manager City Of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Fax (56 1) 742-601 1 Email: laverrjerel@bbfl.us om Utilities Department City of Boynton Beach Attn: Kofii Boateng, Utilities Director 124 E Woolbright Road Boynton Beach, Florida 33435 Fax (561) 742-6298 Email- boatengk@bbfl.us As 19 -TOWN. Michael �Bomstein , Town Manager Town of Lantana 500 Greynolds Circle Lantana, Florida 33462 Fax (561) 540-5011 Email- mbomstein@lantana.org SECTION 11: !2OVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida and venue shall be in Palm Beach County, SECTION 12: SEVERABILITY. In the event any provision of this Agreement shall be N Page 39 of 482 WHEREAS, the Town and the City desire to address their mutual concern by entering into this Interlocal Agreement pursuant to Section 163.01, Florida Statutes. NOW THEREFORE, in consideration of the mutual promises contained herein, the Town and the City agree as follows: S.;CTI QN L PST —R.POSE. The Town's water system will remain connected to the water system of the City in accordance with the mutually agreeable specifications and in accordance with contract documents entitled "Town of Lantana Water Main Interconnections," dated September 2, 2003, prepared by Mathews Consulting, Inc. Such water main interconnection(s) between the Town and the City shall hereinafter be referred to as the "Interconnection(s)" or "Project." SEC Ti 2: 1 (-%1' A 'rYdi 110NS- The two (2) Interconnection(s) governed by this Agreement are located as follows, a. The first Interconnection is located on the northeast corner of Hypoluxo Road and South 13th Court near Seacrest Boulevard ("Interconnection No. 111). Interconnection No. I ties into the Town's eight (81) inch water main on the north side of Hypoluxo Road and the City's eight (8") inch water main on the South side of Hypoluxo Road. b. The second Interconnection is located on the southeast comer of Hypoluxo Road and San Castle Boulevard("Interconnection No. 2"). Interconnection No. 2 ties in the Town's eight (8") inch water main on the north side of Hypoluxo Road and the City's eight (8") inch water main on the south side of Hypoluxo Road. C. The Interconnects) will be controlled by two valves, one of which will be operable by the Town and one of which will be operable by the City. Each party shall be responsible for monitoring and inspecting their respective water distribution systems and shall jointly inspect the Interconnects, SECTION 3- INTERCONNECTION- PROCEDURES. CONDITIONS. The Interconnection(s) will be controlled by two (2) valves (for each meter); one (1) of which will be operable by the Town and one (1) of which is operable by the City. In the case of a planned* or unplanned water system disruption or other emergency causing a water service disruption or emergency water service failure in either the Town or the City (a "Water Service Emergency"), the P -J Page 40 of 482 valve of the party not experiencing the Water Service Emergency (the "Supplying Party") may be opened so as to permit the flow of water to the party experiencing the Water Service Emergency (the "Receiving Party"). No supply of water to the Receiving Party shall be provided except in case of a Water Service Emergency and only under the following terms and conditions as determined at the sole discretion of the Supplying Party: a, A sufficient surplus of potable water exists to meet the Supplying Party's anticipated water demands; b. The Supplying Party may limit the amount of water to be supplied in order to meet the Supplying Party's anticipated water demands; C. The Supplying Party may limit the hours or days of supply in conjunction with the estimated demands on either party's water system; d. The Supplying Party may condition the provision of water upon the requirement that the Receiving Party impose use restrictions on its customers as prescribed by the Supplying Party; and e. The Supplying Party may place an automatic expiration date upon Water Service Emergency Supply period which may be extended only by the Supplying Party's City/Town Manager. SECTION 4 INTERCONNECTION MEASUREMENT AND COSTS The potable water used will be measured by eight (811) inch turbine meters with a capacity of three thousand five hundred (3,500) gallons per minute. Charges for metered water use through the Interconnection shall be at the prevailing lowest commodity rate of the Supplying Party for non-residential customers at the time the potable water is supplied. No capacity or other fixed charges shall be assessed. Adjustments to said charges shall be made by written addendum to this Interlocal Agreement. When water is utilized through the Interconnection, the meter or meters shall be read concurrently by the City and the Town on approximately the first (I ") business day of each month. Monies owed by the Receiving Party to the Supplying Party for water consumed during a Water Service Emergency under the ternis of this Agreement shall be paid to the Supplying Party within thirty (30) days after the furnishing ora invoice for the Interconnection water service. Invoices will be provided for each thirty (3 0) 0) day increment, or portion thereof, during the duration of a Water Service Emergency. SEC 'rI(2__N5TE INA I N. Upon the I Page 41 of 482 deemed to be invalid or void under any applicable law, the remaining provisions hereof shall not be .... .......... . entire agreement between the parties, This Interlocal Agreement may be amended only in writing, IN WITNESS WHEREOF, the parties have hereto set their hands and seals this day of -YuAwA�—, 2012, N Lori LaVerriere, Interim City Manager �\SERVFR2kg\CWI)A'IA,docs'Lanta,,,jWgmi-Contract-Leasc\AgreemcrLts\lnteiconneciAgtg-12-11 I llilm3u 1111 Vila' am C stat Gibson, Town Clerk ) doc Page 42 of 482 T lie (;1 'My of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742--6090 e-mail: prainitqj@d.boynton-beach.fi.us www,boynton-beach.org Ms. Jennifer Ashton Assistant Town Attorn 1111 Hypoluxo Rd Lantana FL 33462 1 Re: Resolution R12-007 Interlocal Agreement between the City of Boynton Beach and the Town of Lantana for a Water Main Interconnection Attached for your handling are two partially executed agreements and a copy of the Resolution mentioned above. Once the agreement has been signed, please return one original to the City Clerk's Office for Central File. .3,alnet M. Prainito, MMC City Clerk M S;\CC\WP\A=R COMMISSION \Other Transmittal Letters After Cor=ission\2012\R12-007 Water Main Interconnection Lantana.doc Ma:� Page 43 of 482 M CONSENTAGENDA 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-138- Authorize the City Manager to sign a Subscription Agreement with American Funding Innovators, Inc. for an annual amount of $7,825 for the service period November 1, 2016 - October 31, 2017. EXPLANATION OF REQUEST: AGREEMENT PERIOD: 11/01/16-10/31/17 The City of Boynton Beach Grants Team automated its grant research and grant management in 2002. Each year, the Grants Coordinator researches companies that provide grant research and management systems in an effort to obtain a product that would meet the city's needs. Staff recommends renewal of our subscription to American Funding Innovators' Grants Navigator, beginning November 1, 2015. The cost of the one year subscription is $7,825. This product includes customizable data fields which allow the City much more flexibility in capturing additional data that is not typically offered in grant management software. American Funding Innovators, Inc. provides access to a centralized federal, state, local and foundation grant database, grant management and reporting tools and organizational wide oversight at a substantially lower cost than eCivis and a third provider, Streaml-ink (see attached product comparison). Grants Team members have used this software over the past two years and are confident it meets their department's needs to effectively research and manage grants. The Grants Coordinator has researched the company and checked several references. Each reference had nothing but positive things to say regarding the product and customer service. In addition, ITS staff has reviewed the security of the system and finds it ample to secure city grant documents. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Subscribing to Grants Navigator will enable the Grants Team members to continue efficiently seek grant opportunities and manage grant awards. Grants Navigator is configurable, web -based software that centralizes information and project management and provides customizable data fields to better meet the individual grant management and reporting needs of the City. The system provides citywide use and oversight by the Grants Coordinator and the Finance Department. The Subscription Agreement includes access to a database of local, state and federal grant opportunities, and a project level document repository for our annual single audit. This allows the auditor on-line access to all grant related documents. This also enables the City to move towards a more paperless process. FISCAL IMPACT. Budgeted The City of Boynton Beach will receive a discount as a member of the American Association of Grant Professionals (AAGP). The total cost for Grant Navigator for the one year subscription is $7,825. This expense is included in the adopted FY2016/2017 General Fund budget and will be taken from the Grants Team account #001-1210-512-34-34.. ALTERNATIVES: Page 44 of 482 1 . Not renew our Service Agreement with American Funding Innovators, Inc. and dramatically decrease our ability to efficiently and effectively seek and manage grants citywide at a reduced cost. 2. Not use any form of grant research or management tools and risk our ability to efficiently and effectively seek and manage grants citywide. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: American Funding Innovators START DATE: 11/1/2016 END DATE: 10/31/2017 CONTRACT VALUE: 7,825.00 MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Resolution D Agreement D Quotes REVIEWERS: Department Reviewer Description Resolution approving Agreement with American Funding innovators Subscription Agreement Grant Management Product Comparison Action Date Page 45 of 482 City Manager Howard, Tim Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved City Manager LaVerriere, Lori Approved 10/10/2016 - 10:56 ANA 10/11/2016 - 8:50 ANA 10/10/2016 - 3:14 PPA 10/14/2016 - 10:07 ANA Page 46 of 482 I 2 RESOLUTION NO. R16- 3 4 5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, APPROVING AND AUTHORIZING THE CITY 7 MANAGER TO SIGN A SOFTWARE SUBSCRIPTION 8 AGREEMENT BETWEEN THE CITY OF BOYNTON 9 BEACH AND AMERICAN FUNDING INNOVATORS, INC., 10 FOR WEB -BASED GRANT RESEARCH AND 11 MANAGEMENT IN THE AMOUNT OF $7,825; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City of Boynton Beach Grants Team has been using the software of 16 American Funding Innovators, Inc., over the past year and are confident that it meets their 17 needs to effectively research and manage grants; and 18 WHEREAS, staff is recommending subscribing to American Funding Innovators' 19 Grants Navigator commencing November 1, 2016; and 20 WHEREAS, the City Commission of the City of Boynton Beach, upon 21 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 22 City of Boynton Beach to approve the Subscription Agreement between the City of Boynton 23 Beach and American Funding Innovators, Inc., and authorize the City Manager to sign the 24 Agreement. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and 28 incorporated herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby approve the Software Subscription Agreement between the City of Boynton Beach and C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\OF42D16C-9A9C-4179-B1BF-FC4130335E2F\Boynton Beach. 4241.1. American Funding Innovators_Grant Management (2016)_-_Reso.Doc Page 47 of 482 31 American Funding Innovators, Inc. for the term November 1, 2016 through October 31, 2017 32 in the amount of $7,825, and authorize the City Manager to sign the Software Subscription 33 Agreement, a copy of the Agreement is attached hereto as Exhibit "A". 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2016. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 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\OF42D16C-9A9C-4179-B1BF-FC4130335E2F\Boynton Beach. 4241.1. American Funding hmovators_Grant Management (2016)_-_Reso.Doc Page 48 of 482 Exhibit �,roduct, Service F± Pricing Details Ama , Foli American Funding Innovators Organization: Name: City of Boynton Beach Street Address: 100 E. Boynton Beach Blvd. Street Address 2: City, State Zip: Boynton Beach, FL 33435 Point of Cont Name: Debbie Majors Title: Grant Coordinator rantNavig ator5/15 AAGP Package Discount ProduetPaekageSubtotal Awarded Grants Managed Additional Awarded Grants managed User�L censeS......................................�..AdditiYonal ......................................................................................... User YLicenses AAGP Unit Rate Discount 11 11 I AAGP Discount per User L 11 icense Public View Open Pubic Access to Grant Activity Summary through Public Public View Intranet ... f Intranet Access to Grant Activity Summary through Public GOstreaaD tbase m Grnt aa Integrated GOstream Grant Database - Federal, State, Foun Service Period: Start Date: 11/1/16 End Date: 10/31/17 Email: majorsd@bbfl.us Phone: 561-742-6241 Total Due $7,825 "Grants Managed" is defined as maximum number of open grants in the post award state during the annual subscription period. Each party acknowledges that it has read and understands the Subscription Agreement, Exhibit(s), all Confidentiality provisions contained therein, and agree to be bound by its terms. American Funding Innovators, Inc. City of Boynton Beach By: By: Scott Frost Lori LaVerriere Title: CEO Title: City Manager Date: Date: 1 Page 49 of 482 1$4,800 ...................... tm�SU) $,4,550 5 $300 € $1,500 5 ... ....._. ...................................... $300 .$1,500 5 ($145) 1 ($225)( .................. 0 ............_�.............r....................... $750 F 0 $350 . 1$0 dation 1 $500 $500 1$3,275 Total Due $7,825 "Grants Managed" is defined as maximum number of open grants in the post award state during the annual subscription period. Each party acknowledges that it has read and understands the Subscription Agreement, Exhibit(s), all Confidentiality provisions contained therein, and agree to be bound by its terms. American Funding Innovators, Inc. City of Boynton Beach By: By: Scott Frost Lori LaVerriere Title: CEO Title: City Manager Date: Date: 1 Page 49 of 482 2016 Grant Research and Management Product Comparison Research Administration & Annual Includes Federal, Management Reporting Subscription State, Local and Includes Tracking & Includes reports and Fee Product Name Foundation Grants Reporting features oversight American Funding Innovators, Inc. Grant Navigator Yes Yes Yes $7,825 eCivis, Inc. Grants Network Yes Yes Yes $27, 507 Yes, via GrantStation Yes, but more vendor or Project GrantFinder - Not an Management & sub StreamLinkAmplifund acceptable product awards focused Yes $8,510 Page 50 of 482 6.C. CONSENTAGENDA 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Approve the annual blanket purchase order request for an estimated total annual expenditures of $30,000 to Sunbelt Waste Equipment for Heil manufactured waste haul bodies. Sunbelt Waste Equipment is the sole source and authorized dealer and repair center for Heil products. EXPLANATION OF REQUEST. Sunbelt Waste Equipment is the sole source regional factory authorized dealer and repair center for Heil products (see attached sole source letter). The automated trucks used in the Solid Waste Division consists of Heil manufactured waste haul bodies. The services for this vendor are used on an as needed basis. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Choosing not to fund for these repairs will increase our repair time (in-house resources) and possibly risk or impair ability to provide solid waste services in a timely and efficient manner. FISCAL IMPACT. Budgeted Funding is budgeted for repairs in FY 16/17 through the 501-5000-590-09-82. Previous expenditures: FY 15/16 $29,373.00 FY 14/15 $15,621.74 ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 51 of 482 CONTRACTS VENDOR NAME: Sunbelt Hydraulic & Equipment, Inc START DATE: END DATE: CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Addendum REVIEWERS: Department Reviewer Public Works Stanzione, Tammy Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Sole Source Letter Action Approved Approved Approved Approved Date 101101201 - 11:44 AIV 101101201 - 2:20 FOIA 101101201 - 0:22 FOIA 101141201 - 10:10 AIV Page 52 of 482 ILI Bvironniental MUCH% GrOU11 4111 P -M 71 buldOW I ki � F, ovvi � ci-otmental Authorized Dualer Represen Mden 7 0 VMS R Noy Ancaever, 'I,, Plame bcsulmvis,,�cd dhat Sunb& NAM is Sul Whackod", dcvit-;, fiv], 17 znviberlt 't"Wem"t," gen,pldcal of test/ bi f, v4s, W1, &W stam MAS W u.'a Rt One aw FUx"ida, SO& OW Ovopirt 06OW&J, box and 1WOW mulva1v ImmkYwilk"; va""s of, livilverWee ;4.5 Mwr an 1. pratonx hm tfhlia AMU -'v Wme tre so Whrr 15MOMhodivi MW ha the Won We ants Ea the Wo al Suids Ewa 0:4082: RmolhAv sOnKmad., tttva vca e%,,c,,,�! sit a s ks st""c""'voita, op in, riu� II is rev s, ic, low % L"P 01 t "p s an v VMS, nva Room* now . . . . . . 9"'v C"9 Page 53 of 482 I CONSENTAGENDA 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Approve to increase the Purchase Order #160152 to South Florida Emergency Vehicles from $20,000 to $40,500, this is a sole source purchase. EXPLANATION OF REQUEST: South Florida Emergency Vehicles (SFEV) is the sole source distributor of Sutphen fire apparatus & Sutphen parts in the State of Florida. (Sole Source Letter attached) During the scheduled ladder service with SFEV an issue with the aerial operation was found. The ladder crush sensor system was reading inaccurate and would need further evaluation and repair at the Fort Myers facility. When the Fire Truck #807 arrived at the facility and an inspection was performed of the entire vehicle, the following issues were required for repair in order to pass the National Fire Protection Association (NFPA)certification testing: 1. Ladder crush sensor junction box 2. Overdue for major preventative maintenance service 3. Worn cab latch bushings 4. A/C system blowing warm air 5. Cracked marker lamp lenses 6. Front bumper carriage bolts missing 7. Broken engine cooling hose 8. Found main & lower pump housing extremely corroded and not useable SFEV performed the above repairs to Fire Truck #807 in the amount of $35,537.19 invoice #7235 and a NFPA annual inspection was completed on August 2, 2016 with an inspection certificate. (copies attached) The original purchase order was issued for $20,000 for FY 15/16 repairs, to date we have spent $4,935.31 leaving $15,064.69 balance. The increase of $20,500 will provide $35,564.69 available on the purchase order to pay the $35,537.19 invoice in connection with this repair. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Choosing not to perform these necessary repairs would render the vehicle inoperable, unsafe and would impair our ability to serve the public in a timely and efficient manner. FISCAL IMPACT. Budgeted Funds are budgeted in account number 501-5000-590-09-82. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 54 of 482 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: South Florida Emergency Vehicles START DATE: END DATE: CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Action Type D Addendum D Addendum D Addendum D Addendum D Addendum REVIEWERS: Department Public Works Finance City Manager Description Deputy Chief Hoggatt Explanation Demo Sole Source Letters from Sutphen & SFEV Certification of Inspection Aerial Lift Device SFEV - Pump Certification Test South Floirda Emergency Vehicles Invoice Reviewer Action Date Stanzione, Tammy Approved 10/10/2016 - 4:50 FOIA Howard, Tim Approved 10/10/2016 - 4:56 FOIA LaVerriere, Lori Approved 10/14/2016 - 10:09 AKA Page 55 of 482 September 27, 16 Reference: Vehicle #807 Sutphen SPH 100 (Tnwk 1.05) As part of the ongoing requirement to have Ouraelial apparatus serviced and certified each year by the N'FPA annual inspections, we contract So,uth Florida Emergency Vehicles to perform a "Ladder Service" on our fleet prior to the certification testing. This help identify and eliminate any iterns of deficiency dmt may fail the unit during the actual certification test., In this year's Ladder Service, Vehicle 807/ Track 105 our SPH 100 had several noted items that could not be adjmsted oro here in Boynton Beach and the best course of action was to have the truck taken to South Florida Emergency Vehicles service center in Fort Myers Florida. Upon discussion with you and the identification of 1he driveshaft bearings needing replace, the vehicle was taken to Ft Myers for service. W'hile Ihe vehicle was being inspected and repaired, it was detennined that the nudn fire pump was bad and needed to be replaced. This alonewas the largest pmt of the expen-sing in the disassembly of the vehicle from around the pump and the reinstallation and plumbinof the pu m -p. WWIe this oreseen mwntenance repair of the vehicle, it was a much needed midlife overhaul and repair that if now maintained should get the FD through the rest of the vehicles life cycle. America's Gateway to the Gm Page 56 of 482 A STs IIIA) EN"' February 11, 2015 City of Boynton Beach, The SUtPhM RMMtUs is espwially designed and patented by Sutphen. The sole soume distributOr Of SutPhen fwe Wamtus & SutPhen parts in the sUft of Florida South Florida Emergency Vehicles, LLC C/O David Stonitsch 4655 Cummins Ct Fort Myen, FL 33905 Phone: 239-267-5300 Fax: 239-590-9246 Should you have any questions or need any additional information, please do not hesitate to contact us. Shatphern Carporation, PO B.,= !'U'58 0 Amlin, OH43002-0159 641:,H) Efterman Road 1 Dublin, OH 43016-8,711 Tel 614 889-1005 e Tall lfrew 800 848-5860 9,1 -7ax 614 889-0874 www.e-dt- Page 57 of 482 Chief Greg Boynton Beach Fire Rescue 2080 HighRidge Boynton Beach, FL 33426 r This letter Is to inform y-ou-of rQ20Q9,,&ut,#,hzx South Florida Emergency Vehicles in 2016. September 26", 2016 s Ep. was notified. i �[ s following issues that required attention for repair in order to pass NFPA certification testing. a Ladder crush sensor junction box SFEV has performed the above repairs to your truck #807 and a NFPA annual inspection service was completed on Tuesday August 2 Ild ) 2016 with the inspection certificate delivered to you shortly after. if you have any questions, please contact me anytime. Thank you. lit Pillan Service ani 4655 Cummins Court, Ft Myers, FL. 33905 239.267m5300 ( 239.590.9246 Page 58 of 482 tf P'ra"I�avvhasq So, Juti,;,nx ,VIM a CERTIFICAIRON OF 1, NSPECT ION Cenification'NumW: M56is44o263403 Owner, Boynton Beach Fin Rmue ® 2080 Rio Ridge Rd., Boynton Bach, FL33426 Unit: Sutphen Year: 2008 Serial Nnmbw, HS4392 ME= Booin Type: 100' Telfacopic Platform I DertifY that On August 2v 2016, the above described device waa inspecW aW tested in ref=nce to NFPA 1911 to include dw 5 year Non-Dwalwave Testing. The effeefiveness of such certificftfiOn Sh611 in no cmt emeed one-year from the above datm InsPectoc Krij Umbrell Company Official - 1480 James Parkway 11 Heah, 01-143056 333-9629 1 Fnxm (74p) 7S8.91,S9, 58OT-FORM-DOI Rev. 2 Page 59 of 482 lir„ll, mil NIANiUll"Ok C.WRER 10; 4- PUIMP SERIAL.' NO TEwa,a SHAW Ta CHivin a iii r� 4 11M:fir: s If „@ Eyk , '4� ,� TEST RESULTS CAW BE FOUND ON. PAGE 2 Page 60 of 482 14 t P G PUIMP SERIAL.' 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('d;�:,' ,'s u�+ � S ' „� wt AhW thry bpd , Lenon DOW , .5 Minute 161PS1 al I Pump Mb*Sh ua4 i " ,p, u law m, gig" a yfl('R2S' \off , " p » „fig%�»,e lm�'o��a aT ATUSt a . ;7 h sTl. t m t s � ttUug s,a r,,,�,gha n, g 1_221 i use g §uo : rn'a, rY §,�. nc n�,r.� rc 114 m�3+� n?,.zu��as»r� P v>a, Xi'M 3 3k. ni,tt,§;r,s„` #fi,t .s °xr § tY; o'i e�mtt i rru�,tfS' , , n rva 2 ssr a" us t �»w , ,�`fi,,,.g, ,� , �,.,,,, , ,� , ,m, ., � ��s �� n�v �� rt ��. � _i, r� 4", no 10 Minute 200 Test Pump g RI(;?»1fmmt zbt § v .W �i m `f Hak,,, �, 3 a,w.�d�3 k a a��!gg E �s it Inn t�� f n„�� '° � �i 3" g ” g „n.,,, g r' 0 �ak;��;e � a v �w� ag �,ig��g,� � S,'2RI[! p'� �g��g� t ;� i2" ::,. q „xv . esu it n » ,r �„ oto s t ,:,., a d s. �'� ,nt , n .�s . wtie.� ,IV q. to � �� ,i » s, 2° dn`�„§un»wnx `:,,,, sMCM <�Awl �»�,n4��.,,,,�.,� Ate, �. � ,»u rm�� fitilN`�s1 �1 nt t;�t�:-.(,r,0 u�t ,gg � i°� � t tth(r l� >n ti,'�" �'� �,o-' �.',a � p r eia,a ,uaG nV�mV }t} Atk , }} nS,. r�.Wsa' dt(k r�"�'u lUi 5 � � f W t its' � r' o ��. � f»• � d �` � P �a t�V t G �,,wn�r�l �; k m »g 5.lsra¢t , S u .... 1""'i t;r f,ty�h§tang �a( § art.(i f .nRi a ,nn�„g est .0 Minute 250 F11 AS q..ua Al”.,,,, ... ..,..... ... .M .... ,,,,, P, � �,,,, J ,,,, .,,,.,,.,, ggg'», ,Reo Y°ga tpg+''g h <uggga $ as ft. aiC a R`nar 2 Test PM k s t$a g gaga "S g g g a';y gaa a, agea Ct,ifi ;i '"":'!Nov ' ,artl �a x n, to \;",. t('u. �;a ,,, atu.7. V" mt s4.k v ,m F Eg' � i!-" , a <��n `�i � .mh t�. �§ m�-' �f �y t+baa � 1 k \R - fikd4 ai nq a„sA n,,, i , »,� t Ott <..... a h ,»f 3 �g » IS'mdcar, TECHINC3AMM "awa, +�� Via' -4655 CUMMW S CT' FXOXXNr � v2S 6l,nM� `"vg�yuu ' E RSA 33905 Page 61 of 482 4655 CUMMINS Cr. F' 5, FL. 33905 Boynton Beach Fleet 222 NE 9TH AVE Boynton Beach, FL 33435 Phone: 239-267-5300 Fax: 239-590-9246 Date Invoice 9/23/2016 7235 S-0. No. P.0, Number Terms Rep Shap Via HS 0 2016-1744 Net 30 ANP 8/3/2016 4329 #807 [25,829 miles 2,427hours] VICE 100-00 900.00 I EA SF5813 Primary FueVWater Separator Spin -on 52.92 52.92. with Drama 2 KA 5 OIL RLTPR ZO 37.00 1 RA Br_5810 FUEL F7LTER 23.60 2250 P528 BNJMN POWMk STEMING FILTER .51 44.51 1 EA BW5200 Controlled lease Coolant Spin -on with 62.45 57 45 BTE Fonnula I FA ADIP AIR DRYER 24.11 24.11 1 FA MFI002AIOHBL ELEMENT 69.58 55.68 1 SHMNG 8590m*** 9.99 9.98 1 EA MISC PAR - NI ENGINE OIL 129.90 12990 1 KA MW PAKIS - N1 GEAR OIL 15.75 IS,75 I FA MISC PAR - N1 ATF FOR PUMP 45.48 45.48 13.29 13,2 1 EA MISC PARTS - NX COOLANT 75.28 25.20 232.89 SHOP SUPPLIES SHOP SUPPLIES 25.00 25. 00 I LADDER SERVICE Ladder cervi (Charged on Invoice 0X0 0.00 ISLIT-IM"1126 I EA 83 1111t LABOR, - SERVICE RM2 crackad froct bunn4wr rmrker 100.00 Sam ftft � 2 . 2� 5 AMBER MARKERICLEARANCE,LED,WITH 2&17 52«54 REFLECrOrt PIGTAIL AND HARDWARE 0.25 BR LABOR- SERVICE Install left upper carriage bait In front 100.00 2550 bumper. (missing) I CARRIAGE BOLT 5.72 5.77 Its - SERVICE ROPINCR r m#thch with upgraded pokn 100.001 Word sw1ach. nk you for your business. PaymentB/Credlts 9=t Balance Due I Page I Page 62 of 482 4655 CUMMINS CT. FT. MYERS, FL, 33905 Boynton each Fleet 222 NE 9TH AVE Boynton Beach, FL 3343.5 Phone., 239-267-5300 Fax: 239-590-9246 Date Invoice 9/23/2016 7235 S.O. No. P.O,, Number T Rep Ship Ma HS # 2016-1744 Net 30 ANP 815fZ016 4329 #907 QtyU/M ftm Cc& Dmaipdw LkA pdce Prke FS - Amount I EA. SUT-10085860 STARTER ROCKER swrrCH ;;JTH -PAIL 17.50 17.50 GUARD 4 HR LABOR SERVICE Cleanfrarne of rust and corrosion, Prime 100= 400.00 and paint effected areae 99 Fa LABOR SERVICE Remove transfer case and related 100.00 8800,00 components to replace pump fteller assembly. *Found lower pump housing extremely mrroded and powlblV not reusable. HALE representative on-site reviewed and recommends replaepment pump. DIsassemble and iremove cry lay and turntable components to gWn access to pump. Remove pump paneW and rela,ted hardware, Ral aerial to remove pump, 'Transfer existingonenft to new pump body and Install new Impeller. Install valve adapters and blanks as needed. Install replacement EUCHARr valve 'for O/S front dlacharge tofit new pump desIgn. Clean rust and corraMon 'rMM COMPonents biding reUsed. ffisWl new pump and plumbftReassemble crosslay and related components. Reinstall transfer case and related components. 'Verify correct operation and perform pump test. I EA HAL -516-W72-53-0 COMPILM IMPELLER ASSY 6,921.00 6921.00 .1 EA HAL -546-0870-10-0 LG/SG/XLG GRBX BRG REPLACEMENT KIT 1,161.00 1161.00 1 SHIPKNG 959M 702690155 UPS FREIGH-r*** 110.00 110.00 I EA HAL -001-0870-43-0 QMAX PUMP BODY ASSY ,- FRONT DRIVE 11246.00 1124&00 1 RA HAL -529-0090-50-0 Krr 1-1/4 - WT MMY AWDE 125w00 125.00 .1 SHIPPING ICLA-109433 859092 702690244=5/26*** 107.59 10739 2 F -A 9 DOLT FLAWE 132.00 264.00 Thank you for your business. Paym4ll Payments/Credits - Balance Due Page 2 Page 63 of 482 Phone: 239-27-5300 Fax: 239-590-9246 HIM 4655 CUMMINS CT. FT. MYERS, . 33905 Boynton Beach Fleet 222 NE 9TH AVE Boynton Beach, FL 3343,5 R te Invoice 201 7235 .oA NmP.O,. Number Terms Rep Ship Via l 2016-1744 Not 30 ANP 915/201.6 4329 4807 cw Lmw PAM Code Dew"m U9 Price Price Em- nt 2 EA HAL -046-1760-00-0 8-130LT FLANGE GASKET 5X00 10.00 3 EA CLA-110574 115 L 84,00 252.00 E EA HAL-- E-ooEo-oomo 115 FIG, 4 -III" SQ GASKET &00 18.00 1 SHIMNG $59137- ,E 12.66 12.86 I EA CIA -110524 115 -BOLT SQUARE BLANK 84.00 84.00 I SHIMNG 859159 12 E 17324 .21 9.21 Is MISS rrEMS .- NI 7/16-14 x 1 hex 18-8 0.56 &40 I 7116-14 X 1-1/4 18-8 OPo2 4 MISC ITEMS - N1 BOLTS 5.8623.44 I RA ELK -65326001 ACnJAT0A SHAFT GEM 7&85 26.85 I EA ELK -57344000 0 RING EEE -214 � a4 -139 1.45 1.45 I EA ELIC -17606000"I' . 3.60 I ELK-2E30400,I EP MM21D 2.5 MNH CP 182.42 182.42 I SHIPPWING ON2231 101424 /24 169,41 159.41 I &k ELK -65480000 KrT, SEAQ, EB30 & EB35 46.00 46.00 I 24 t 125 125.00 I SHOP SUPPLIES SHOP SUPPLIES 40.00 40.00 9 HR LABOR m SERVICE During test heard abnormal noise from 100.00 800.00 drtweshaft baarings, R&R faulty components and retest op r tion. I RA HAL -537-1740-0"I 1,494.00 1494.0.0 I EA HAL.-537-1'750-00-0TIL SHAD 1,969.80 1969 o I FIR LABOR - SERVICE Replace. wore cab latch bushings. 100.00 100.00 2 RA SUT-10043452 CAB LATCH HARDWARE KIT 20.77 41.54 3 HR LABOR - VICE AICs Diagnaft ard found 1KOO 500.00 E In nmn hwunts g cawky. Warkino as designed I MISC ITE ,w NI NEW A/C HOSE BUILT - 29451.16 283.05 283.05 5.5 EA WSC E ) 6,62 Thank you for your business. :Jftlance Due Page E Page 64 of 482 2-F7 waSOMPOMm 4655 CUMMINS CT. 55, FL. 53905 EM Boynton Beach Fleet 22,2 NE 9TH AVE Boynton Beach, FL 33435 Phone: 239-267-5300 Fax: 259-590-9246 woa Now P.O. Number Tons 2016-1744 Net 30 100-00 400.00 0189mm and repbm jug ion cover SUT-10052218 JUNCT.BOX 4PORT,4POLE,2M CABLE 239.50 23950 t SHIMNG 859348 I o' 1.41 81.41 goo 2.00.00 I MISCITEMS - NI COOLANT HOSE 19.45 19.45 I HR SUBLETLABOR MISTRAS Inspection service (M56154) 900-00 900X0 I HR. LABOR - SERVICE Remedy W fterns from MISTRAS 0.00 0.00 Mspection report, Received MISTRAS cartfficate - given to ChW Hogp . NFPA oper thon time test. Replace pump Impeller and perform NFPA pump test (passed) Extenslon speed at manufacturer spec:. r -, -3500.00 Thank fou for your business $0.00 Balance Due $35,537.19 Page 4 Page 65 of 482 6.E. CONSENTAGENDA 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Authorize utilizing the State of Florida Contract No. 46000000-15- 1, Defense Products, with Lou's Police and Security Equipment for police equipment, body armor, firearms and ammunition for an estimated annual expenditure of $90,000. The State of Florida procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: State Contract Term: October 1, 2015 to September 30, 2018 This approval will allow for the purchase of police equipment, body armor (expired vests of 5 years and new hires), firearms (replacement and new hires) and ammunition. The ammunition is necessary for conducting departmental training and qualifications per Florida Department of Law Enforcement (FDLE) regulations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In addition to providing our officers with life saving equipment, this will allow us to provide training that will enhance our endeavor to provide effective, efficient and impartial services to the community. FISCAL IMPACT. Budgeted The department has an approved budget for ammunition and police supplies of $62,000.00. The department has an approved budget for body armor of $26,790.00. Fiscal Year 2016 expenditures were $48,254.68. This total didn't include body armor, which was an expenditure of $36,452.00 through two separate vendors. ALTERNATIVES: Not approve this request thereby leaving the department without the necessary ammunition, body armor and firearms. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 66 of 482 ATTACHMENTS: Type D Contract D Attachment D Attachment REVIEWERS: Department Police Legal Finance City Manager Description Summary of State Contract with Lou's State of FL Contract Vendors on State Contract Reviewer Action Katz, Jeff Approved Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 10/10/2016 - 4:55 Pl\A 10/10/2016 - 3:18 Pl\A 10/10/2016 - 3:26 Pl\A 10/14/2016 - 10:08 AM Page 67 of 482 Attachment F — ITB No. 19-46000000-N 2015 Defense Products State of Florida Vendor Information Form RESPONDENT NAME: I Lou's Police Distributors, Inc. RESPONDENT FEID NO.: 126-0472002 STREET ADDRESS: 17815 West 4th Ave CITY, STATE and ZIP: I Hialeah, FL 33014 INTERNET ADDRESS: I www.lousoolice.com TELEPHONE NO.: 305-416-0000 TOLL-FREE NO.: 800-914-2677 FAX NO.: 305-824-205 Person Responsible For Administering The Contract NAME: Linda Riccobono TITLE: President STREET ADDRESS: 7815 West 4th Ave CITY, STATE and ZIP: Hialeah, FL 33014 E-MAIL ADDRESS: sales(_louspolice.com TELEPHONE NO.: 305-416-0000 TOLL-FREE NO.: 800-914-2677 CELL PHONE NO.: FAX NO.: 305-824-205 ul REMIT -TO: Lou's Police Distributors, Inc. REMIT -TO STREET 7815 West 4th Ave ADDRESS: REMIT -TO CITY, STATE Hialeah, FL 33014 and ZIP CODE: REMIT -TO EMAIL and/or sales(_louspolice.com INTERNET ADDRESS: www.louspolice.com Page 1 of 1 Page 68 of 482 Defense Products / State Term Contracts / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Department of Management Services - DMS FL€QJDA CPAR1r UO Cf DMS CUSTOMER SATISFACTION SURVEY I SITE MAP I CONTACT DMS MYFLORIDAHOME management 4Ve-. those who serve Rorida IN liligilom E" [orida F ogartment of Management Services > Business 0peratlons > State Purchasing. > Vendor Information > Cute p Search Current Location Contracts anti r`OCireements > State Term Contracts > Defense Products Defense Products Amendments and Mlemorz du s Contractors Price Sheets - PrAcunc Freosil ntGv Araks. t CLiI for ns Com fete Contract _ PQF 'mP_ 4_1'u4c4.w._ Fti Return to State Contracts .2nd .... . Memerrts x.111111 "' Effective Period 10/01/2015 through 09/30/2018 Contract Type State Term Contract Contract Contractors Information Pricina (,x 160.89 KB) E r neu is milt nh k c1n u t c rlS Contract Amendments :and Memorandums Documents PQF (' 1.45 MB) VL rd ( w, 303.62 KB) Contract Jessica Koburcer Administration 850-922-1214 J�� nic�nKr��ur�nrrxit�rri�ni�rv�Iariclancc,iri Commodity UNSPSC-46101600, UNSPSC-46101601, UNSPSC-46101700, UNSPSC-46101800, UNSPSC- Codes 46151500, UNSPSC-46151501, UNSPSC-46151502, UNSPSC-46151503, UNSPSC-46151504, UNSPSC-46151506, UNSPSC-46151600, UNSPSC-46151601, UNSPSC-46151602, UNSPSC- 46182500, UNSPSC-46201000 p This state term contract covers equipment in 9 groups including: restraints, pepper/oc spray, training equipment, riot gear, grenades, and ammunition. The contract is awarded to 8 contractors for a wide array of Manufacturers and Brands. Benefits • Discounts range from 3 percent to 52 percent off of list price (MSRP). • Additional discounts may be available for large quantity orders. Call the vendor for a quote. • Delivery at lowest rates and must meet requirements of Section 403.7191, of Florida Statutes. • Statewide coverage. • Wide product selection with 30 Brands/Manufacturers on contract. • Manufacturer's standard warranty coverage. • Pricing tied to the Producer Price Index to keep current with market. Document reader download links �. L4C Exsel Viewer =`. Adobe PDF Reader * —a Word Viewer Page 69 of 482 http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_contracts_and_agreements/state_term_contracts/defense_products[7/13/2016 12:06:05 PM] Contractors / Defense Products / State Term Contracts / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Department of Management Services - DMS FL€QJDA CPAR1r IFPO Cf DMS CUSTOMER SATISFACTION SURVEY I SITE MAP I CONTACT DMS MYFLORIDAHOME management S E R,IC", E f , 4Ve-. those who serve Rorida IN liligilom E" [orida Dogartmenr of M-anar�e,ment Services > Business Operations > State Purchasing. > Vendor information > State p Search Current Location Contracts anti Aarcernents > State I e.rm Qontrac;ts > efe.nse Products > Contractors -------------------------------------- << Return Defense Products Defense Products Arrendment.s, and 46000000-15-1 Llrernorandurns Contractors Contractors Corutractors .. Commonwe aitn Arnmu `t`o.. LLC Contractors - Guif States Lii tr'utwUt0rS, inc, Contractors - Lawmen's arPd Shooter's Sun, P Ilr�c., Contractors - LOWS police Distributors. inc. Contractors - Safaruiand. LLC Contractors - S�::e}grity epm nt Corporation Contractors - SRT Su zrui Inc., Contractors - SSD Internationai. inc. Price Sheets - Priouruc F rSiwq#:wpt;iv Asked Cs.ilrr t.0 rr !( orr oie*tf Contract w PSZF S'mp_ 4L_S1'u4c4.w._ti -------------------------------------- turn to State Contracts Page 70 of 482 http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_contracts_and_agreements/state_ term_contracts/defense_products/contractors[7/13/2016 12:08:24 PM] Florida Climate Utilizes Recycled Coverage Name CBE Code Friendly Authorized Products Area Preferred Resellers Products G,c monAweaith 0 - Not Specified Not Specified Not Specified Not Specified Statewide Ai"rimL.nition� LL. If StatLg 0 - Not Specified Not Specified Not Specified Not Specified Statewide [)t�4ft~rtk?tl't�ris�_ I rtc L.,avvrrien's and 0 - Not Specified No No No Statewide S fiCYCY tC r' �, �pj_\ ,_ Inc. Lou's Police A - Non -Minority Not Specified Not Specified Not Specified Statewide [)j�,ft~fjb fL'ttYrit,�_ I rtc Safariland. L.L.'"' A - Non -Minority No No Yes Statewide Sec;Llritu A - Non -Minority No No No Statewide „V�YY SRT_ 0 - Not Specified Not Specified Not Specified Not Specified Statewide ssis 0 - Not Specified Not Specified Not Specified Not Specified Statewide Internaticnal. Inc. Page 70 of 482 http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_contracts_and_agreements/state_ term_contracts/defense_products/contractors[7/13/2016 12:08:24 PM] 6.F CONSENTAGENDA 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Legal expenses -September 2016 -Information at the request of the Commission. No action required. EXPLANATION OF REQUEST. Some outside firms have not provided their September statements to Risk Management and therefore their August 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 Description D Attachment GCDE September invoices D Attachment Other counsel August and September invoices REVIEWERS: Department Reviewer Action Date Legal Swanson, Lynn Approved 10/10/2016 - 3:41 PKA Finance Howard, Tim Approved 10/10/2016 - 4:59 PKA City Manager LaVerriere, Lori Approved 10/10/2016 - 2:07 PKA Page 71 of 482 Page 72 of 482 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 Photocopies TOTAL EXPENSES THRU 09/30/2016 TOTAL CURRENT WORK 1:71I�1�[N-9860]4 ACCOUNT NO: STATEMENT NO: Page: 1 10/0312016 306-9001821 11998 63.70 63.70 63.70 Page 73 of 482 GOREN, CHEROF, DOODY & EZROL, PA. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0005370 Boynton Beach FL 33425 STATEMENT NO: 11999 Attn: Lynn Swanson Special Fire Assessment 09/1312016 JAC prepare for and attend special meeting - annual; assessment; follow up to close out year approval. FOR CURRENT SERVICES RENDERED I I ky, I g K�11 17, 1 TOTAL CURRENT WORK BALANCE DUE HOURS RECAPITULATION HOURS HOURLY RATE TOTAL 0.80 $195.00 $156.00 0.80 0.80 156.00 156.00 Page 74 of 482 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. 09/30/2016 JAC review attorney fee order with KE; call to LL regarding same LE Review and transmit Order on Fees to City. FOR CURRENT SERVICES RENDERED 1.. TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS LY T 0.40 w $195.00 0.70 195.00 HOURS 0.40 0.70 1.10 Page: 1 10/03/2016 306-0303351 12000 214.50 214.50 Page 75 of 482 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 Boynton Beach FL 33425 Attn: Lynn Swanson Red Light Cameras ACCOUNT NO: STATEMENT NO: HOURS 09/01/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.20 09/02/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 3.50 09/07/2016 JAC Prep for contract and review and brief TH; conference with SB 1,20 SHB Prepare and file notices of intent to rely on business records for use at trial. 3.00 09/08/2016 SHB Receive and review correspondence re: ATS offer to extend time period to 3.50 09/22/2016 SHB consider contract termination. Draft contract addendum for Commission review. Prepare and file notices of intent to rely on business records for use at trial. 4.30 JAC Prep for Commission discussion; pull data. 1.20 09/09/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.10 JAC Review Assistant Attorney General Dietz email Re: jurisdiction of THO; research Re: same; follow-up Re: Commission action Re: termination. 1.50 09/12/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. Telephone conference with production se attorney defendant Joel Medgbowe re: case status and UTC options. 2.00 JAC review and discuss closeout checklist with SB outline memo 1.30 SHB Prepare contract termination letter to ATS. Memo to Commission re: ATS contract close-out. 2.00 09/13/2016 SHB Discuss program matters with JAC and MDC. Prepare and file notices of intent Page: 1 10/03/2016 306-0806020 12001 Page 76 of 482 to rely on business records for use at trial. 0.40 MDC Review memo, provide comments, Re: ATS Agreement 0.30 09/15/2016 SMB Prepare and file notices of intent to rely on business records for use at trial. 3.00 09/19/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.50 09/21/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 3.50 09/22/2016 SHB Attended local red light camera hearings at City Hall. Follow up with Mills re: UTC appeal matter. Fallow up with Orlando Torres re: program close-out matters and request for list of ATS equipment provided to City. Prepare and file notices of intent to rely on business records for use at trial. 2.50 Page: 1 10/03/2016 306-0806020 12001 Page 76 of 482 Page: 2 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-0806020 STATEMENT NO: 12001 Red Light Cameras HOURS 09/23/2016 JAC review RLC appellate order and review with attorneys and LL; memo to Color photocopies 9.45 Photocopies 10.85 Postage 84.70 TOTAL EXPENSES THRU 09/30/2016 105.00 07/22/2016 Parking - KLE 3.00 Parking - 3.00 TOTAL ADVANCES THRU 09/30/2016 3.00 TOTAL CURRENT WORK 8,922.00 BALANCE DUE $8,92100 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 77 of 482 commissioners 1.20 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.00 09/27/2016 SMB Receive and review evidence packet for Blake Barnett matter; review court docket. Follow up with Verrigni and Mills. Receive and review Order on Archer request for dismissal; transmit to Mills. Prepare and file notices of intent to rely on business records for use at trial. 2.90 09/28/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.10 09/2912016 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.30 09/30/2016 JAC review RLC appellate order and review with attorneys and LL; memo to commissioners 1.20 FOR CURRENT SERVICES RENDERED 45.20 8,814.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMESA.CHEROF 7.60 $195.00 $1,482.00 MICHAEL D. CIRULLO 0.30 195.00 58.50 SHANA H. BRIDGEMAN 37.30 195.00 7,273.50 Color photocopies 9.45 Photocopies 10.85 Postage 84.70 TOTAL EXPENSES THRU 09/30/2016 105.00 07/22/2016 Parking - KLE 3.00 Parking - 3.00 TOTAL ADVANCES THRU 09/30/2016 3.00 TOTAL CURRENT WORK 8,922.00 BALANCE DUE $8,92100 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 77 of 482 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: General Matters HOURS 09/01/2016 DNT Review 12th amendment to cell tower lease with Palm Beach County and Cingular. 0.80 JAC review Stor-All covenant issue email with B Miller; agenda prep; review memorandum 4.60 09/02/2016 JAC prep for meeting and budget; calls regarding fee reports; review Manatee Bay issue 3.20 09/06/2016 JAC onsite; conference with commissioner and TH and CG regarding agenda and Page: 1 10/03/2016 306-9001821 12002 Page 78 of 482 budget; office administration prep and calls regarding Jenkins water service 9.50 09/07/2016 JAC Telephone call with Victoria Morton re: fence dispute; prep for budget; review case assignments; prep Stor-All restrictive covenants. Call with Mayor re: charter and recall issue. 5.00 09/08/2016 SHB Receive and review inquiry re: pet store ordinance. Follow up with Laverriere. Attend City Commission Meeting. 4.40 JAC Onsite; prepare for and attend budget hearing and City Commission meeting; call with LS and stay Re: Manatee Bay; email attorney motion Re: same; call with Commissioner Re: incomplete viewer camera - pull research. 8.00 09/09/2016 FLN Reviewed inquiry from Code department re: inspections and 4th amendment challenges; reviewed related correspondence and relevant case law. 3.00 JAC Emails w/ county re: restated communications system; agenda prep; review assignments and prep for budget. 4.70 09/12/2016 SHB Code Compliance: Receive and review correspondence re: 213 NE 9th Ave. Code case: 15-2331 conditional lien release violation 1.10 FLN Continued review of case law pertaining to constitutional challenges to code enforcement inspections of rental properties. 0.80 JAC review commissioner request regarding federal funding for canal cleanup and research same agenda review; review falls communications and discuss with attorneys; review land donation offer and records; review J. Lynn demands and emails with M. Rumpff; review Stor - All issue; review Manatee Bay Status; review social media issue 5.50 JAC review Stor-All issue; review Manatee Bay status review social media issue 0.20 09/13/2016 SHB Code: follow up re: fidelity title inquiry. 0.10 Page: 1 10/03/2016 306-9001821 12002 Page 78 of 482 Page: 2 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9001821 STATEMENT NO: 12002 General Matters HOURS FLN Finalized review of code inspection warrant matter; discussed procedures with Christopher Yannuzzi via TIC; drafted and sent email correspondence to Attorney Cory Carano re: City's position; reviewed response from Mr. Carano. 1.30 JAC onsite office administration; conference with JLynn regarding group homes; review agenda items; rescuer regulatory ruling issue; review utility & county of title issues 6.20 09/14/2016 FLN Discussed inspection matter with Jim Cherof; drafted response email to Attorney Carano; reviewed response email; exchanged emails with counsel for property located at SW 2nd Avenue restatus of liens. 0.70 JAC research regarding medical MJ draft ordinance; review and reply to attorney regarding Jenkins writer service; agenda prep, review/ approvals; revise chronic nuisance ordinance research special assessment option regarding canals 4.80 09/15/2016 SHB Code: Follow up with Fidelity Title re: code lien matters. 2.00 MDC Meet w/ SB Re: bank registration ordinance and lien enforcement. 0.30 JAC onsite; office administration; review mail; agenda and case assignments. 3.00 09/16/2016 SHB Code Compliance - review breach of lien settlement contract, ordinance and sale documents. Discuss with Yannuzzi Pet stores - research re: pet store matters; review PBC league of cities documents, county and city charter and ordinances. Follow up with Roehrich. 3.00 JAC case review and assignments; conference with SB regarding Tort cases; research height issue; review CRA issue regarding transitional pending issues; follow up regarding Stor - All restricted covenant 6.00 09/19/2016 FLN Reviewed stipulated agreement and supporting documents for property located at 628 South Road and advised Chris Yannuzzi via email on documents. 0.50 SHB Animal control: various correspondence with Roehrich re: ordinance matters. Code: follow up re: deed in lieu of foreclosure matters. Correspondence to attorney Espinosa. 1.50 JAC on site agenda/meeting prep; attend CMLT; telephone with commissioner; prep for final budget hearing 7.00 09/20/2016 FLN Reviewed Stipulation application and supporting document for property located at 628 S Road and advised code staff via email on review; T/Cs with Barb Conboy & Erin Dunn re: utility refund issue for property located owned by Ann Carlin. 2.50 JAC Prepare for and attend Commissioner meeting and final 2016-2017 Budget hearing; onsite preparation regarding OPODD. 8.40 09/21/2016 JAC call with M. Weiner regarding CRA plan ad on date of 2nd reading; call to clerk regarding same; meeting and budget follow up; review status of tort defense matter; call to JO regarding same; conference with attorneys regarding pending matters; review forfeiture with BS and use of City personnel file 5.50 SHB Code compliance: follow up re:: settlement ordinance matters. 0.60 Page 79 of 482 Page: 3 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9001821 STATEMENT NO: 12002 General Matters HOURS 09/22/2016 JAC revise chronic nuisance ordinance; review forfeiture issues with B. Sherman; review and follow up on Stor-All Restrictive Covenants; prepare regarding charter rewrite recommendations; research prep regarding consolidated plan; review Town Center issues. 6.10 09/23/2016 JAC agenda prep; research easement. encroachment remedies; review BB adi/appeals process Fla Building code issue 4.10 09/26/2016 JAC Onsite; office administration; review agenda items; conference with TH JAC regarding agenda items and Commission compensation adjustments 5.40 09/27/2016 FLN Reviewed Stipulated Agmt and issue summary for property located at 940 evaluate sidewalk issue; conference with Shane K and review plat and DO Greenbriar Dr. and called and emailed Christopher Yannuzzi to advise him accordingly; reviewed follow up issue summary re: property 628 south road 1.80 follow up and sent follow up advice email to Christopher Yannuzzi et al after Telephone conference with Zeller re: suite for seniors agenda item. Review reviewing the City's code; Discussed issue re: property located at 1093 Carlin Road with Jim Cherof, revised Utility department's letter and sent to Barb 0.30 Conboy for review and use. 1.50 SHB Code compliance - follow up with Yannuzzi re: case no 15-2331. Discuss partial lien release matters with Yannuzzi re: 2020 NE 1st lane. Receive and review inquiry from attorney Carey; follow up correspondence to Conko Carey. DNT Agenda: Review Suits for Seniors item; discuss with JAC. 1.50 JAC Review agenda items, contract, etc; call to TH Re: same; review Tower lease. 2.60 09/28/2016 DNT Review proposed lease amendment to cell tower site sent by Andrew Mack; Page 80 of 482 review status of FPL easement in Dimmick Road. 0.50 JAC onsite; review pending agenda items; review retained records/memos 4.50 JAC evaluate sidewalk issue; conference with Shane K and review plat and DO records 1.80 SHB Telephone conference with Zeller re: suite for seniors agenda item. Review revised memo; approve agenda item. 0.30 09/29/2016 JAC onsite; review pending agenda items; review retained records/memos; conference with Mayor regarding agenda; review and process PRR from Conko 3.50 DNT Review email re: amendment to tower lease at Bicentennial Park. 0.30 09/30/2016 FLN Reviewed email from new property owner re: property located at SW 2nd Avenue and status of liens; sent follow-up emails to City staff re: attorney's request after verifying PCN identification. 0.60 JAC review final agenda for Commission meeting; calls with clerk regarding revisions; case review with ACA's; case and assignment management 4.30 DNT Review amendment to lease to provide for additional property for generator; review amendment to provide for additional control over tower at Bicentennial Park. 1.40 FOR CURRENT SERVICES RENDERED 142.60 16,165.84 TOTAL CURRENT WORK 16,165.84 Page 80 of 482 Page: 4 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9001821 STATEMENT NO: 12002 General Matters BALANCE DUE $16,165.84 Page 81 of 482 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: 09/01/2016 JAC calls and prep regarding OPODD agenda issues 09/09/2016 JAC Review pleadings; research case statuses and deposition. 09/13/2016 JAC review "hold harmless" letter; follow calls 09/16/2016 JAC Review Order on M/Compel OPODD ledges; miscellaneous calls regarding holdharles; prep discovery outline 09/27/2016 JAC Telephone call with attorney Norris Re: QPODD; prepare documents for meeting Re: possible transition. 09/28/2016 JAC review pleadings and prep case outline for commission; conference with TH and JO regarding claims/risk and defense contingency; review discovery regarding voting rights issue FOR CURRENT SERVICES RENDERED • HOURS • R, .0! $195. �1 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9904936 12003 HOURS 2.70 0.90 0.30 1.90 0.90 3.30 10.00 1,950.00 TOTAL $1,950.00 1, 950.00 $1,950.00 Page 82 of 482 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 Litigation Miscellaneous ACCOUNT NO STATEMENT NO HOURS 09/01/2016 JAC prep regarding Jenkins claim and research pending litigation regarding same 1.50 09/06/2016 FLN Discussed subpoena issues re: case of YAFLAG2LLC v. Jenkins with Lynn Swanson and Jim Cherof; reviewed relevant rules of procedure and responded to property owner's subpoena re: improper service of subpoena. 1.00 09/07/2016 FLN Reviewed pleadings re: to matter of City of Boynton Beach vs. Palm Beach Community Bank to ensure matter is ready for hearing set for 9115 on City's motion for surplus. 0.70 STM Correspond with Plaintiffs attorney regarding missing documents. 0.50 STM Prepare and organized the file. 2.00 FLN Discussed YAFLAG2LLC v. Jenkins matter with Jim Cherof; communicated with Plaintiffs counsel re: subpoena via email before and after hearing; TIC with Erin Dunn to prepare her for hearing after subpoena was properly served. 1.00 09/09/2016 TAD Attend meeting with City regarding status of claims and new notices. 1.30 09/12/2016 TAR Receipt and review of use of force report (Piskulic). 0.10 09/13/2016 JAC Review Jenkins water sewer letter from P. Chaskhion; follow up with staff and reply 0.60 09/14/2016 FLN Prepared for hearing in case of PB Community Bank vs. Lloyds of BB Inc, re: City's motion for surplus; drafted proposed order. 1.50 09/15/2016 FLN Attended hearing in case of PB Community Bank v. LLoyds of Boynton Beach et al. on City's Motion for Surplus. 3.00 09/16/2016 TAD Meet with City regarding status of claims and information on recent events. Discuss claims handling and witness issues. 3.30 09/19/2016 BJS Review new forfeiture and corresponding police reports 0.20 FLN Prepared for and attended meeting re: pending case filed by Sobriety Now with Tracey Decarlo and Jim Cherof and members of building and zoning departments re: status of matter. 2.50 TAD Receipt and review of supervisors incident report. Receipt of notice of claim. 0.20 09/20/2016 FLN Reviewed PLaintiffs Motion for Writ in case of Bank of America NA v. James Page: 1 10/03/2016 306-9904950 12004 Page 83 of 482 Page: 2 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9904950 STATEMENT NO: 12004 Litigation Miscellaneous Photocopies TOTAL EXPENSES THRU 09/30/2016 TOTAL CURRENT WORK 62.65 62-65 4,353.15 Page 84 of 482 HOURS Ware (foreclosure: ); Reviewed Court's Order in matter of PB Community Bank v. LLoyds of BB granting surplus to the City of BB. 0.30 TAD Telephone conference with City re: settlement issues. Confer with court reporter re: information from shade session. 0.30 09/21/2016 TAD Attend meeting with risk director re: status of claims and requests for authority. 2.30 09/22/2016 TAD Receipt and review of correspondence from city re: response to request for settlement records and prepare response to same. 0.40 09/23/2016 TAD Receipt and review of use of force report for White. 0.10 09/28/2016 TAD Receipt and review of use of force report (Morales). 0.10 FOR CURRENT SERVICES RENDERED 22.90 RECAPITULATION TIMEKEEPER HOURSHOURLY RATE TOTAL JAMES A. CHEROF 2.10 $195.00 $409.50 BRIAN J. SHERMAN 0.20 195.00 39.00 SHERIE T. MALDONADO 2.50 125.00 312.50 TRACEY A. DECARLO 8.10 195.00 1,579.50 FARAH L. NERETTE 10.00 195.00 1,950.00 Photocopies TOTAL EXPENSES THRU 09/30/2016 TOTAL CURRENT WORK 62.65 62-65 4,353.15 Page 84 of 482 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 10/0312016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904981 Boynton Beach FL 33425 STATEMENT NO: 12005 Attn: Lynn Swanson adv, Cordeiro, Marcelo Carvalho (FBM Leasing Corp) TOTAL CURRENT WORK 702.00 BALANCE DUE $702.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 85 of 482 HOURS 09/12/2016 FLN Reviewed file documents including Motion for Writ of Possession filed by new purchaser and various motions filed by Michael Falls; communicated with new purchaser's attorney's office re: matter; reviewed law in preparation of Thursday 9115's hearing; TIC with Ty Harris and Michael Marshall who represent the new purchaser. 2.00 09/15/2016 FLN Attended hearing on Plaintiffs Motion for Writ of Possession and other pending motion by Michael Falls. 1.50 09/20/2016 FLN Reviewed Plaintiffs Notice of Service of Orders dated September 15, 2016. 0.10 FOR CURRENT SERVICES RENDERED 3.60 702.00 RECAPITULATION TIMEKEEPER HOURS HOURLY _RATE TOTAL FARAH L. NERETTE 3.60 $195.00 $702.00 TOTAL CURRENT WORK 702.00 BALANCE DUE $702.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 85 of 482 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. Executive Estates of BB Homeowner's Assn. (Dwork, Jonathan Mitchell), 154 Orange Drive, BB 09/06/2016 FLN Reviewed appeal related documents filed in foreclosure matter. A • A FOR CURRENT SERVICES RENDERED trei W W6191a ; 1 -4 2 yWdA]IV .1 ACCOUNT NO: STATEMENT NO: HOURS 0.20 0.20 HOURLYRECAPITULATION HOURS RATE TOTAL 0.20 $195.00$39.00 Page: 1 10/03/2016 306-9905001 12006 39.00 39.00 Page 86 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905018 Boynton Beach FL 33425 STATEMENT NO: 12007 Attn: Lynn Swanson City of Boynton Beach Model Block Right of Way Acquisition HOURS 09/01/2016 KLE Emails to Andrew and Vivian regarding status of 21 and 22. 0.30 09/07/2016 SCW Review file and research regarding eminent domain, Prepare motions for 09/12/2016 KLE Email/follow up with Brian Bull regarding Evans; emails Baird regarding judicial default, proposed orders, and stipulation for the entire parcel 22. 1.90 KLE Telephone call to Mr. Collins; Review and revise order resetting OT hearing; 0.60 09/13/2016 KL Submit Agreed Order and Consent Judgment regarding Parcel 24; email Andrew, telephone call to Andrew; 1.10 09/08/2016 SCW Revise Motions for Default. 1.00 KLE Review Order resetting OT, 0.20 09/09/2016 KLE Prepare notice of compliance with courts order and file same.; Review Agreed 0.40 09/19/2016 KLE Order re Newton Parcel 24 0.40 09/12/2016 KLE Email/follow up with Brian Bull regarding Evans; emails Baird regarding Page 87 of 482 Collins; emails Brett regarding OT hearing; emails regarding meeting for 9113; prepare and file notice of compliance with court orderlserve order; 0.60 09/13/2016 KL Prepare for and attend conference call with Andrew, Vivian, CRA attys etc; Telephone call from Andrew 1.10 JAC follow up with KE regarding survey and corrective action 0.90 09/14/2016 KLE Conference with Jim. 0.20 09/16/2016 KLE Prepare for Meeting with Lori 0.40 09/19/2016 KLE Prepare for and attend Meeting with Lori, Andrew and Jim; emails Vance re appraisal update; emails Tom Baird; Emails Brian Bull; email docs to Mike Simon and Tara Duhy re CRA acquisition of Parcel 22; Review updated legal for 21; 3.60 JAC conference with LL, AM & KE regarding Survey and legals 0.60 09/20/2016 KLE Review revised legal Evans and Collins; emails Andrew; emails Vance; 0.50 09/21/2016 SCW Revise Joint Stipulation for Entry of Consent Final JUdgment for Parcel 22. 0.20 KLE Email to Brian Bull regarding revised legal, appraisal etc; Review revised appraisal updates from Vance; review and revise stipulation for Collins parcel 22; 1.10 Page 87 of 482 Page: 2 CITY OF BOYNTON BEACH 1010312016 ACCOUNT NO: 306-9905018 STATEMENT NO: 12007 City of Boynton Beach Model Block Right of Way Acquisition JAC review revised appraisals and related survey issue 09/22/2016 KLE Transmit updated valuation letters to City; review and revise stip for parcel 22/Collins. 09/23/2016 SCW Revise Agreed Order of Taking for Parcel 21. KLE Review and revise stipulation for parcel 22/Collins and transmit to Tom Baird, emails/telephone calls to Tom; email/follow up with CRA regarding Parcel 22 acquisition; prepare notice of deposit and certifcate of clerk for Newton (24). 09/26/2016 SCW Review Appraisal for Parcel 21. Draft Motion for Continuance and Proposed Order on Motion for Continuance. Revise Agreed Order of Taking for Parcel 21, 0912812016 KLE Emails Tom Baird; Emails CRA to follow up; Review and revise stipulation for parcel 21 (Evans) email to Bull, emails from Bull; email to City re Parcel 21; 09/29/2016 KLE Review and revise notice of deposit and certificate of clerk for Newton (24) 09/30/2016 KLE Review and revise Motion for Default Robinson and Motion to Continue OT; emails opposing counsel. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JA ESA. CRF 1.90 $195.00 KERRY L. EZOL 13.80 195.00 SHARI C. WALLEN 4.30 195.00 Photocopies Postage TOTAL EXPENSES THRU 09/30/2016 08/22/2016 Parking - KLE Parking -- TOTAL ADVANCES THRU 09/30/2016 TOTAL CURRENT WORK HOURS 0.40 0.70 0.40 1.20 0.80 1.30 0.30 0.80 20.00 3,900.00 TOTAL 370.50 2,691.00 838.50 72.10 6,78 78.88 1.00 1.00 1.00 3,979.88 $3,979.88 Page 88 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905021 Boynton Beach FL 33425 STATEMENT NO: 12008 Attn: Lynn Swanson adv. Wurie, Khadi (Deutsche Bank National Trust Company) 4 Las Sendas Boynton Beach, FL 33426 HOURS 09/20/2016 FLN Reviewed Plaintiffs Motion to Cancel foreclosure sale in light of pending short sale and scheduled closing; Reviewed Order granting Motion to Reschedule Sale. 0.30 FOR CURRENT SERVICES RENDERED 0.30 58.50 RECAPITULATION TIMEKEEPER U S HOURLY RATE TOTAL FARAH L. NERETTE 0.30 $195.00 $58.50 TOTAL CURRENT WORK 58.50 BALANCE DUE $58.50 u a •1�`TSL=tI111:1 Qill [s)l9Cal k119hIRI.II+]1r/ Page 89 of 482 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. Christopher Parker, et al., Federal Class Action ACCOUNT NO: STATEMENT NO: HOURS 09/01/2016 MDC Review order dismissing appeal, update JAC 0.30 09/09/2016 MDC Review Motion for Rehearing filed by the cities, 0.30 09/14/2016 SHB 11th Circuit Appeal: Prepare and file Notice of Joinder in Petition for Rehearing En Banc/ Petition for Panel Rehearing to Certify a Question to the Florida Supreme Court. 1.00 09/19/2016 SHB Receive and review various joinder motions and pleadings. 0.60 FOR CURRENT SERVICES RENDERED 2.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.60 $195.00 $117.00 SHANA H. BRIDGEMAN 1.60 195.00 312.00 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/0312016 306-9905099 12009 429.00 429.00 Page 90 of 482 GOREN, CHEROF, DOODY & EZROL, P.A. Attomeys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv, Boss, Landon (RLC appeal) ACCOUNT NO STATEMENT NO 09/30/2016 MDC Review Order from Circuit Appellate panel, confer with JAC and SHB SHB Receive and review appellate court ruling. Various correspondence, memoranda, conference calls re: ruling. Notify client. Discuss with officers. Discuss with JAC and MDC. TIMEKEEPER MICHAEL D. CI LL SHANA H. BRIDGEMAN TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 5.00 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905127 12010 HOURS 0,40 5.00 5.40 1,053.00 TOTAL $78.00 976.00 1,053.00 $1,053.00 Page 91 of 482 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. (Donastor, Murat, et al.) vs. JP Morgan Chase Bank 1607 NE 4th Street, Boynton Beach, FL 33435 09/08/2016 FLN Reviewed Plaintiff's Notice of Filing of Amended Affidavit as to its Attny Fees; Affidavit of Fees and Costs; Certificate of Service of Notice of Filing of Amended Affidavit; reviewed file documents. FOR CURRENT SERVICES RENDERED .M. TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 Page: 1 10/03/2016 306-9905129 12011 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 92 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905155 Boynton Beach FL 33425 STATEMENT NO: 12012 Attn: Lynn Swanson adv, (Carl, Robert E., et al.) vs. Live Well Financial Inc. 108 SW 8th Court, Boynton Beach, FL 33426 HOURS 09106/2016 FLN Reviewed inquiry from Lynn Swanson on behalf of Christopher Yannuzzi re: acceptance of surplus check in light of foreclosed lien; reviewed law and follow up with Lynn with advice email. 0.60 FOR CURRENT SERVICES RENDERED 0.60 117.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NETTE 0.60 $195,00 $117.00 TOTAL CURRENT WORK 117.00 BALANCE DUE $117-00 Page 93 of 482 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 09/27/2016 SHB Receive and review settlement offer from Seropian. Discuss with MDC and JAC. Follow up with Howard. 09/30/2016 SHB Receive and review appellate court ruling in Lendon Boss matter. Prepare and file notice of supplemental authority. follow up wit Seropian re: settlement matters. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 1.40 $195.00 Photocopies TOTAL EXPENSES THRU 09/30/2016 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905157 12013 HOURS 0.70 0.70 1.40 273.00 TOTAL $273.00 4.20 4,20 277.20 Page 94 of 482 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. Spells Anderson, Valencia M. (RLC appeal) 09/30/2016 SHB Prepare and file notice of supplemental authority. FOR CURRENT SERVICES RENDERED Idlinigog - ' p4 z F11 kq rim TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: HOURS 0.40 0.40 11ECAPITULATIOR, HOURS HOURLY RATE TOTAL 0A0 $195.00 $78.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905159 12014 im 78.00 Page 95 of 482 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. (Schwartz, the Estate of Barbara, et. al.) vs The Bank of New York Mellon 320 SW 5th Avenue, Boynton Beach, FL 33435 09106/2016 FLN Reviewed Plaintiffs Notice of Filing Confidential Information. 09/20/2016 FLN Reviewed Notice of Foreclosure Sale and file documents. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: OR HOURSORA 0.30 $�� f AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905162 12015 HOURS 0.10 0.20 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 96 of 482 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. (Fits, Mikel Jean) vs. Federal National Mortgage Association 23 Peachtree Place, Boynton Beach, FL 33436 09/29/2016 FLN Reviewed Plaintiff's Motion for Issuance of Certificate of Title and Writ of Possession and related Notice of Hearing on Plaintiffs Motion and Defendant's Objection to sale; reviewed file documents. FOR CURRENT SERVICES RENDERED R R' 11 I U U-0 TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: -ECAPITVIX'OR HOURS HOURLY RATE 0.30 $195.00 Page: 1 1010312016 306-9905165 12016 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 58.50 Page 97 of 482 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (964) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Finney, Vintyre Pre -Determination Hearing 2015 09/07/2016 SHB Check clerk docket re: status of criminal case. Follow up with Laverriere. FOR CURRENT SERVICES RENDERED ".I TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: HOURS 0.30 0.30 RECAPITULATION HOURS HOURLY RATE TOTAL 0.30 $195.00 $58.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905167 12017 5&50 Page 98 of 482 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. Vestors Acquisitions, LLC (Quiet Title Action) Zheng Haibin aka Haibin Zheng HOURS 09106/2016 FLN Reviewed Settlement Agreement draft received from Plaintiffs attorney; reviewed lien documentation received from Chris Yannuzzi and Tammy Stanzione; sent related email to Chris and Tammy in preparation of completion of Agenda Item Request Form to present settlement offer to City Commission. 1.00 09/12/2016 FLN Reviewed response from Christopher Yannuzzi and updated stipulated agreement accordingly; drafted agenda item request form. 0.90 09/13/2016 FLN Reviewed information received from Erin Dunn as to amount of utilities owed for property and updated stipulated agreement accordingly. 0.50 09/14/2016 FLN Revised agenda item request; discussed with Jim Cherof; updated owner's attorney via email. 1.00 FOR CURRENT SERVICES RENDERED 3.40 RECAPITULATION TIMEKEEPER HOURS HOURL AL FARAH L. NERETTE 3.40 $195.00 $663.00 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905170 12018 663.00 Page 99 of 482 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 10/0312016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905184 Boynton Beach FL 33425 STATEMENT NO: 12019 Attn: Lynn Swanson adv. Cleveland, Darren (Federal National Mortgage Association) HOURS 09/06/2016 FLN Reviewed Plaintiff's Notice of Servicing Answers to Interrogatories and Plaintiffs Response to Defendant's Pre -Trial Interrogatories. 0.20 09/2012016 FLN Reviewed Order on Defendant's Motion for Relief from Trial Order; reviewed Plaintiff's Amended Witness and Exhibit list; reviewed file documents. 0.30 FOR CURRENT SERVICES RENDERED 0.50 97.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.50 $195,00 $97.50 TOTAL CURRENT WORK 97.50 BALANCE DUE $97.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 100 of 482 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 The Sports Authority - Bankruptcy 09/08/2016 FLN Reviewed file documents re: City's statement of claim; prepared file to close based on email correspondence received from Utility department. FOR CURRENT SERVICES RENDERED 19IM94 I - TOTAL CURRENT WORK fflM1ffNqq10" RECAPITULATION HOURS HOURLY RATE 1.10 $195.00 Page: 1 10/0312016 306-9905185 12020 HOURS 1.10 1.10 214.50 TOTAL $214.50 214.50 $214.50 Page 101 of 482 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. The Bank of New York Mellon Trust Company, N.A. (White, Jack) 09/06/2016 FLN Reviewed Plaintiffs Notice of Designated Lead Attorney. i R i FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK ACCOUNT NO STATEMENT NO HOURS 0.10 0.10 HOURLYHOURS RATE TOTAL 010 $195.00 $19.50 Page: 1 10/03/2016 306-9905188 12021 l 19.50 Page 102 of 482 GOREN, CHEROF, DOODY & EZROL, P.A. Aftomeys 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. (FPM Properties, LLC) 09/06/2016 FLN Reviewed Plaintifrs Trial Witness List. 09/20/2016 FLN Reviewed Notice of Voluntary Dismissal and property appraiser records. FOR CURRENT SERVICES RENDERED 1glivilgAgggg; 1211:10mm go -- MMEN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905192 12022 HOURS 0.10 0.20 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 103 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905195 Boynton Beach FL 33425 STATEMENT NO: 12023 Attn: Lynn Swanson adv. Wells Fargo Bank, N.A. (Delhomme, Zelma, et. al.) 615 6th Avenue, Boynton Beach, Florida 33426 HOURS 09/29/2016 FLN Reviewed Notice of Sale based on Final Judgment entered on 9119 and sale scheduled for November 3, 2016. 0.20 FOR CURRENT SERVICES RENDERED 0.20 39.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.20 $195.00 $39.00 TOTAL CURRENT WORK 39.00 BALANCE DUE $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 104 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905201 Boynton Beach FL 33425 STATEMENT NO: 12024 Attn: Lynn Swanson adv. Ditech Financial, LLC FIK/A Green Tree Servicing, LLC (Pulik, Robert, et al.) 09/29/2016 FLN Reviewed and responded to email from Plaintiffs counsel's office re: Plaintiffs Motion for Judicial default against other defendants. FOR CURRENT SERVICES RENDERED III ITA 1;4 a 1 W-1 I • TOTAL CURRENT WORK HOURS RECAPITULATION HOURS a HOURLY f RATE r �y . 4'.. .30 R f ! ■ R $58.50 0.30 0.30 58.50 58.50 Page 105 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905205 Boynton Beach FL 33425 STATEMENT NO: 12025 Attn: Lynn Swanson adv. Federal National Mortgage Association (FPM Properties, LLC, et al.) 09/20/2016 FLN Reviewed Notice of Filing Amended Complaint and Order granting Motion for Leave to Amend Complaint. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK HOURS tI� OR HOURSRATE TOTAL 1 $195,00 $58.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.30 0.30 58.50 58.50 W Page 106 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905206 Boynton Beach FL 33425 STATEMENT NO: 12026 Attn: Lynn Swanson adv. Secured Holdings, Inc. HOURS 09/14/2016 JAC email with parks regarding hold harmless letter; follow up with JO regarding coverage issues 0.40 09/21/2016 JAC call with attorney Kenwood regarding resolution of case and Conko Affidavit; follow up regarding same with SK and SB 0.80 SHB Telephone conference with JAC and Quantum attorney re: possible case settlements. 0.40 09/23/2016 JAC review attorney Kenwood sidewalk issue and calls to staff regarding same 0.60 09/26/2016 JAC Conference with Shane K regarding plat and devel order sidewalk and drainage issue; review QPODD affidavit and Plaintiff position regarding same; review approvals -records 1.80 FOR CURRENT SERVICES RENDERED 4.00 RECAPITULATION T! K _ HOURLY T TL JAMES A. CHEROF 3.60 $195.00 $702.00 SHANA H. BRIDGEMAN 0.40 195.00 78.00 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 780.00 780.00 Page 107 of 482 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 Boynton Beach FL 33425 Attn: Lynn Swanson adv. Ditech Financial, LLC (Daquay, Marcel, et al) 09/06/2016 FLN Reviewed Plaintiffs Motion for Default against individual defendants and related Affidavit (unknown military service). FOR CURRENT SERVICES RENDERED I -. 0 W 0 M V am IN TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.20 $195.00 Page: 1 10/03/2016 306-9905210 12027 HOURS 0.20 0.20 39,00 TOTAL $39,00 39.00 $39.00 Page 108 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905221 Boynton Beach FL 33425 STATEMENT NO: 12028 Attn: Lynn Swanson adv. Bock, Sharon R., as Clerk & Comptroller for PBC HOURS 09/20/2016 FLN Reviewed Deutsche Bank's filed Disclaimer of Interest in Interpleader; reviewed file documents. 0.20 FOR CURRENT SERVICES RENDERED 0,20 39.00 IMIL1419M I * 17-10 bl.A-11 • HOURS HOURLY RATE TOTAL 0.20 $19500 $39-00 TOTAL CURRENT WORK • Page 109 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905226 Boynton Beach FL 33425 STATEMENT NO: 12029 Attn: Lynn Swanson adv. Ehrhart, Jack (Emergency Injunctive Relief) HOURS 09/01/2016 BJS Review correspondence and follow up re: Emergency Hearing/Ehrhart, t/c with Cindy DAugustino and t1c with JAC, review of Emergency Petition for Injunctive Relief 2.00 09/02/2016 BJS Prepare for and attend emergency hearing at Palm Beach County Courthouse re: Ehrhart, Vc with Chief Crawford, and draft follow up correspondence to City 7,50 09/13/2016 BJS t1c with Christopher Yannuzzi re: Update 0.30 09/14/2016 BJS t1c with Plaintiff re: Petition/Code Fine and follow up with JAC 0.50 09/15/2016 BJS t1c with Plaintiffs Counsel re: Petition to Stay Code Enforcement Fine, with follow up with JAC, and review of Petition 0.50 09/16/2016 BJS Follow up and leagi research, t1c with Chris Yanuzzi and prepare for hearing re: injunction 1.30 09/19/2016 BJS Review and draft follow up correspondence re: Court Hearings, draft transmittal e-mail re: Order 0.50 FOR CURRENT SERVICES RENDERED 12.60 2,457.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SN 12.60 $195.00 $2,457.00 TOTAL CURRENT WORK 2,457.00 BALANCE DUE $2,457,00 Page 110 of 482 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (964) 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) ACCOUNT NO: STATEMENT NO: 09/07/2016 FLN Reviewed Summons, Complaint and Pleadings and drafted Answer & Affirmative Defenses. 09/20/2016 FLN Reviewed Plaintiffs Notice of Filing of Amended Complaint and file documents; Notice of Hearing on PI's Motion for Leave for Amended Complaint. 09/22/2016 FLN Revised Answer and Affirmative Defenses prior to filing. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE FA RAH L. NERETTE 2.60 $195.00 TOTAL CURRENT WORK I 1.11 0115434 pill AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905227 12030 HOURS 2.00 0.20 0.40 2.60 507.00 TOTAL $507,00 507-00 $507.00 Page 111 of 482 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 09/12/2016 JAC Preliminary review of potential City Claims ACCOUNT NO: STATEMENT NO: 09/27/2016 JAC Prepare Answer and Disclaimer; call to LS to confirm lack of interest/claim FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.70 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905228 12031 HOURS 0.90 0.80 1.70 331.50 TOTAL $331.50 331.50 $331.50 Page 112 of 482 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771A500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson v. Estime, Wadson (Forfeiture of $1,083.00 in U.S Currency) 09/16/2016 BJS Review Police Reports re: forfeiture FOR CURRENT SERVICES RENDERED NI.V'1-W . - 61 M W-111 z Z MEN 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 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905229 12032 39.00 39.00 Page 113 of 482 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. Dubue, Christopher (Forfeiture of $450.00 in U.S. Currency) 09/1612016 BJS Review Police Reports re: forfeiture FOR CURRENT SERVICES RENDERED ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE TOTAL 0,20 $195.00 $39-00 Photocopies TOTAL EXPENSES THRU 09/3012016 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905230 12033 9.80 9.80 48.80 Page 114 of 482 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 Boynton Beach FL 33425 Attn: Lynn Swanson v. Payne, Cody (Forfeiture of $18,719.00 in U.S. Currency) ACCOUNT NO: STATEMENT NO: 09/16/2016 J Review Police Reports re: forfeiture 09/21/2016 BJS Begin draft Petition for Probable Cause determination 09/22/2016 BJS Revise and finalize Petition for Order Finding Probable Cause and attend a hearing at the West Palm Beach Main Courthouse 09/23/2016 BJS tic with Bobby Gentile re: Adversarial Preliminary Hearing and draft follow up correspondence to the City 09/28/2016 BJS t/c Ofc. Harris re: Settlement FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE BRIAN J. SHERMAN 5.70 $195.00 Photocopies TOTAL EXPENSES THRU 09/30/2016 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905231 12034 HOURS 0.30 0.50 4.00 0.60 0.30 5.70 1,111.50 TOTAL 1,111.50 22.40 22.40 1,133.90 Page 115 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905039 Boynton Beach FL 33425 STATEMENT NO: 12035 Attn: Lynn Swanson adv. Freeman, Luanne (False Arrest) Billing Category: 18-RLO Claim #001470 -000348 -GB -01 HOURS 09/01/2016 TAD Receipt and review correspondence from officer counsel re: depositions and prepare response to same. 0.20 09/02/2016 TAD Receipt and review of correspondence from Davis counsel re: depositions of officers and prepare correspondence to the City re: same. 0.20 09/07/2016 STM Revise City's Motion to Compel to Plaintiff, regarding missing discovery and objections to the interrogatories. 2.00 09/08/2016 TAD Receipt and review correspondence from plaintiff re: deposition of officer Harris and prepare response to same. Receipt of second correspondence from plaintiff counsel re: additional information on Officer Harris. Prepare correspondence to City re: information requested by Plaintiff. 0.60 09/12/2016 TAD Receipt and review of correspondence from City re: dash cam video and prepare response to same. 0.20 09/15/2016 TAD Receipt and review of correspondence from plaintiff counsel re: Harris deposition and prepare response to same. 0.20 09/16/2016 TAD Prepare correspondence to the City re: Officer Harris deposition. 0.20 09120/2016 TAD Review information on plaintiff and prepare for deposition of plaintiff. Reveiw information on Rounds and prepare for deposition. Reveiw information on Rowley and prepare for deposition. Review reports and documents produced by Plaintiff for deposition exhibits. 3.60 09/21/2016 TAD Attend meeting with Officer Herny regarding testimony and prepare memorandum regarding same. 1.80 09/28/2016 STM Receipt and Review Defendant's Non of Production to Non -Parties. 1.00 STM Receipt and review Defendant's Subpoena's for Non Party Production. 1.00 TAD Attend deposition of plaintiff. Attend deposition of Rowley. Confer with Davis counsel re: strategies. Confer with plaintiff counsel re discovery issues and Page 116 of 482 Page: 2 CITY OF BOYNTON EACH 10/03/2016 ACCOUNT NO: 306-9905039 STATEMENT NO: 12035 adv. Freeman, Luanne (False Arrest) Rounds deposition. 09/29/2016 TAD Attend deposition of Officer Hemy. Confer with Hemy re: stop and deposition testimony. 09/30/2016 TAD Receipt of correspondence from Davis and plaintiff counsel re: deposition of Rounds. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHERIE T. MALDONADO 4.00 $125.00 TRACEY A. DECARLO 19.10 195.00 Photocopies TOTAL EXPENSES THRU 09/3012016 TOTAL CURRENT WORK I W-11 i! N =1111 pill ITI L15 10111 Z I V1 W [I WA MIMM", HOURS 7.30 4.60 0.20 23.10 4,224.50 TOTAL $500.00 3,724.50 15.05 15.05 4,239.55 Page 117 of 482 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 Boynton Beach FL 33425 Attn: Lynn Swanson adv. Bertrand, Dieuseul (BBPD arrest) Billing Category 18-RLO Claim #001470 -000290 -GB -01 ACCOUNT NO: STATEMENT NO: 09/01/2016 TAD Receipt and review order setting status conference. 09/06/2016 TAD Receipt and review of correspondence from plaintiff counsel re: witness list. Prepare correspondence to outside counsel re: same. 09/12/2016 TAD Telephone conference with plaintiff counsel re: discovery issues and information on claim. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY -, TE 0.60 $195-00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 3069905044 12036 HOURS 0.10 0.30 0.20 0.60 117.00 TOTAL 117.00 117.00 $117.00 Page 118 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905056 Boynton Beach FL 33425 STATEMENT NO: 12037 Attn: Lynn Swanson adv. Laster, Torami (slip & fall) Billing Category 18-RLO Claim #001470 -000342 -GB -01 HOURS 09/22/2016 TAD Receipt and review of Complaint. 0.30 FOR CURRENT SERVICES RENDERED 0.30 58.50 TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY RATE TOTAL 0.30 $195.00 $58.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 58-50 Page 119 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905062 Boynton Beach FL 33425 STATEMENT NO: 12038 Attn: Lynn Swanson adv. Mina, German (slip & Fall) Billing Category: 18-RLO Claim #001470 -000340 -GB -01 09/08/2016 STM Review Trial Order and Research, Non -Compliance, Sanctions and Rule 1.380 HOURS 09/01/2016 STM Reviewed Plaintiffs request for production and Interrogatories to prepare for additional discovery. 1.00 STM Prepared third request for production to Plaintiff for additional medical records. 0.50 STM Supplement City's response to Plaintiffs request for production and 1.30 09/16/2016 TAD Interrogatories. 0.50 09/02/2016 STM Correspond with Court Reporter to order depositions of: Mina German and 0.30 09/19/2016 STM Blanc Guiterrez. 0.50 TAD Revise answers to expert interrogatories. Revise response to request for 1.50 09/21/2016 STM production to include additional information. 0.90 09/07/2016 STM Review Trial Exhibits and organize exhibits for trial. 3.00 09/08/2016 STM Review Trial Order and Research, Non -Compliance, Sanctions and Rule 09/22/2016 STM Continue drafting Defendant's Motion for Sanctions and/or To Strike the Plaintiffs Expert Witness List. 0.50 Page 120 of 482 1.380 2.00 TAD Receipt and review correspondence from investigator re: information on plaintiff. Review information from plaintiffs deposition and web sources re: response to investigator. Prepare correspondence to investigator re: additional information on plaintiff. 1.30 09/16/2016 TAD Prepare correspondence to plaintiff regarding response to request for production. Review documents for conference with expert. 0.30 09/19/2016 STM Correspond with Process Server and Prepare Package for Subpoena Non -Party Production. 1.50 09/21/2016 STM Draft Defendant's Motion for Sanctions and/or to Strike the Plaintiffs Expert Witness List. 2.00 TAD Revise evaluation report to include additional information from expert and discovery. Receipt of plaintiffs expert witness list. Receipt of proposal for settlement. 1.70 09/22/2016 STM Continue drafting Defendant's Motion for Sanctions and/or To Strike the Plaintiffs Expert Witness List. 0.50 Page 120 of 482 Page: 2 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9905062 STATEMENT NO: 12038 adv. Mina, German (slip & Fall) TAD Extended telephone conference with expert re: opinions. Prepare memorandum re: same. Receipt of correspondence from plaintiff re: expert deposition. Receipt of plaintiffs amended witness list and exhibit list. Review trial order re: deadlines and plaintiffs failure to meet same. Revise motion to strike. 09/23/2016 TAD Receipt and review of plaintiffs Motion in Limine 09/26/2016 TAD Receipt and review of correspondence from Dr. Zeide re: review and prepare response to same. 09/27/2016 JAC Review Re: trail disclosure and mediation with TD STM Retrieve case law and Florida Statutes in preparation for attorney to review and response to Defendant's Motion in Limine. STM Continue drafting Motion to Strike Expert Witness List and Exhibit List. STM Correspond with Court report to discuss time frame of receiving depositions previously order on September 1, 2016. TAD Receipt and review of documents from Broward Schools regarding the Plaintiff produced in response to subpoena. Prepare correspondence to investigator re: status and receipt of response to same. 09/28/2016 STM Receipt and Review Plaintiffs Second Expert Witnesses and Exhibit List, Compared First Witness List to the Second Witness List. STM Receipt and Review Plaintiffs Motion In Limine. STM Draft Second Motion to Strike Expert Witness List and Exhibit List. 09/2912016 STM Receipt and review 4 videos, produced in discovery. STM Continue Drafting Second Motion to Strike Expert Witness List and Exhibit List, TAD Review case law regarding Plaintiffs Motion in Limine regarding response to same. Review case law re: Motion to Strike. 09/30/2016 TAD Continue review of case law re: Plaintiffs Omnibus Motion in Limine re: response to same. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMESA.CHEROF 0.50 SHERIE T. rONADO 20.00 125.00 TRACEY A. DECARLO 12.40 195.00 Photocopies TOTAL EXPENSES THRU 09/30/2016 09/27/2016 Compass Investigations - Invoice 2016010715 HOURS 1.70 0.30 0.20 0.50 1.50 1.00 0.50 1.80 1.50 1.50 0.50 1.00 1.00 2.40 1.80 .............................. 32.90 5,015.50 37.80 37.80 '' m Page 121 of 482 Page: 3 CITY OF BOYNTON EACH 10/03/2016 ACCOUNT NO: 306-9905062 STATEMENT NO: 12038 adv. Mina, German (slip & Fall) 40-00 TOTAL ADVANCES THRU 09/30/2016 40.00 TOTAL CURRENT WORK 5.093,30 BALANCE DUE $5,093.30 F.Al TJ [oil] 0 116-1 W=711*11RWA Q I R11 =111 I ZLOAIM-491-11 -11*111FA Page 122 of 482 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 1 010 312 0 1 6 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905069 Boynton Beach FL 33425 STATEMENT NO: 12039 Attm Lynn Swanson adv. Oldham, Dana (fall) Billing Category 18-RLO Claim #001470 -000346 -GB -01 HOURS 09/06/2016 TAD Extended telephone conference with witness re: information on events and prepare memorandum re: same. 0.80 09/09/2016 TAD Receipt and review of correspondence from the Plaintiff regarding inquiry on roll off carts. Receipt of correspondence from the City re: same. Prepare response regarding information on claim. 0.40 09/15/2016 TAD Receipt and review of correspondence from planning and zoning re: request from plaintiff. 0.10 09/16/2016 TAD Meet with planning and zoning director and public works director re: records and information on claim. 1.90 09/19/2016 STM Receipt and Review Plaintiffs Unopposed Motion for Leave and to File Amended Complaint. 1.00 STM Receipt and Review Agreed Order Granting Plaintiffs Motion for Leave to File Amended Complaint. 0.50 TAD Receipt and review of allegations of amended complaint. Review case law regarding per se claims. Review proposed order and prepare changes to same. Prepare correspondence to Plaintiff regarding changes to order. 0.90 STM Review Plaintiffs Amended Complaint regarding changes from original complaint for City's response. 1.50 09120/2016 TAD Telephone conference with plaintiff counsel re: response to amended compliant. Receipt of response to same. 0.30 09/22/2016 TAD Receipt and review of order on motion for leave to amend. 0.10 09/28/2016 TAD Receipt and review of summons to Any Kind Check Cashing. 0.10 FOR CURRENT SERVICES RENDERED 7.60 1,272,00 Page 123 of 482 Page: 2 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9905069 STATEMENT NO: 12039 adv. Oldham, Dana (fall) TOTAL CURRENT WORK 1 *1-11 W-11 ill 1*14 pill RECAPITULATION HOURS HOURLY RATE 100 $125,00 4.60 195.00 FA TA 1011111, 1 Vj U V CkTA 1*11,&*i wd ;j 14 W4 pi 91 144 &104 M Itel 014 PT.Al :191TA 4 1,272.00 Page 124 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905073 Boynton Beach FL 33425 STATEMENT NO: 12040 Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim #001470 -000336 -GB -01 HOURS 09/29/2016 STM Receipt and Review summon anti Complaint regarding information on Plaintiff. Research Palm Beach County Courthouse/Public Records for additional information on Defendant. 1.50 TAD Receipt and review of correspondence from city and adjuster re: same and prepare response. Receipt of additional pre -suit correspondence re: information on plaintiff. 0.40 09/30/2016 TAD Receipt of records from adjuster re: information on claims and expenses, Receipt of correspondence from adjuster re: status and prepare response to same. 1.40 FOR CURRENT SERVICES RENDERED 3.30 538.50 RECAPITULATION TIMEKEEPER U LY RATE TOTAL SHERIE T. MALDONADO 1.50 $125.00 $187.50 TRACEY A. DECARLO 1.80 195.00 351.00 TOTAL CURRENT WORK 538.50 BALANCE DUE $538,50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 125 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 12041 Attn: Lynn Swanson adv, Galindez, Dennis (slip & fall) Billing Category: 18-RLO Claire #001470000330 -GB -01 HOURS 09/01/2016 STM Continued summarizing depositions of: Joseph Chalal, Chris Athos and Anthony Magnanti. 5.50 TAD Receipt and review of correspondence from Plaintiff re: continuance. Receipt of Motion for Continuance. 0.30 09/06/2016 TAD Receipt and review of correspondence from court re: calendar call. Prepare correspondence to plaintiff counsel re: response to court. Receipt of correspondence from plaintiff to the court re: status of case. 0.40 09/07/2016 TAD Receipt and review of correspondence from plaintiff re: motion to continue and prepare response to same. Receipt of correspondence from First Genesis counsel re: Motion. Receipt of notice of hearing on motion to continue. Receipt and review of correspondence from plaintiff to the court re: trial setting. 0.60 09/12/2016 TAD Receipt and review of correspondence from adjuster re: status of claim and prepare response to same. Receipt of motion to compel better responses to discovery from First Genesis. 0.30 09/13/2016 TAD Receipt and review of request for information from Plaintiff, Prepare Page 126 of 482 correspondence to the City re: information needed for response to discovery. 0.40 09116/2016 TAD Receipt and review of correspondence from plaintiff counsel re discovery requests and prepare response to same. 0.20 09/19/2016 TAD Receipt and review of correspondence from City re: response to request for production. Receipt of documents from City. Receipt of correspondence from the Plaintiff re: additional discovery. 0.40 09/21/2016 TAD Receipt of interrogatories to City. 0.10 09/23/2016 TAD Receipt and review of correspondence from plaintiff re: First Genesis records and prepare response to same. Receipt of correspondence from First Genesis counsel re: depositon of representatives. 0.30 Page 126 of 482 Page: 2 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9905083 STATEMENT NO: 12041 adv. Galindez, Dennis (slip & fall) HOURS 09/26/2016 SCW Review file materials for Motion for Continuance hearing on September 27, 08/11/2016 Parking - TAD 7.00 Parking - 7.00 TOTAL ADVANCES THRU 09/30/2016 7,00 TOTAL CURRENT WORK 2,578.50 BALANCE DUE $2,578.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 127 of 482 2016. 0.20 TAD Receipt and review of correspondence re: depositions of City representatives and prepare response to same. 0.20 09/27/2016 SCW Attend Plaintiffs Motion for Continuance hearing. 3.90 TAD Receipt and review Prentice of depositions of First Genesis personnel. Receipt of First Genesis answers to interrogatories and response to request for production. 0.30 09/28/2016 STM Receipt and Review Order on Plaintiffs Motion for Continuance. 1.00 09/29/2016 STM Correspond with Defendant's attorney to retrieve documents in preparation for upcoming depositions. 0.50 TAD Receipt and review of revised trial order resetting trial. Prepare correspondence to client re: same. 0.80 09/30/2016 TAD Prepare correspondence to city re: depositions of City representatives. Receipt of additional interrogatories to City. 0.30 FOR CURRENT SERVICES RENDERED 15,70 2,571.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHERIE T. MALDONADO 7.00 125.00 $875.00 TRACEY A. DECALO 4.60 195.00 897.00 SHARI C. WALLEN 4.10 195.00 799.50 08/11/2016 Parking - TAD 7.00 Parking - 7.00 TOTAL ADVANCES THRU 09/30/2016 7,00 TOTAL CURRENT WORK 2,578.50 BALANCE DUE $2,578.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 127 of 482 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. Jenkins, Gail and Leon (Demolition) Billing Code: 18-RLO Claim #001470 -000382 -GD -01 ACCOUNT NO: STATEMENT NO: 09/15/2016 TAD Receipt and review of correspondence from the Plaintiff re: motion to dismiss and prepare response to same. 09116/2016 TAD Receipt and review of order setting hearing on the City's Motion to Dismiss. 09/22/2016 TAD Prepare correspondence to the City re: amended complaint and motion to dismiss. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER L TRACEY A. DECARLO 0.60 $195.00 TOTAL CURRENT WORK HOURS 0.20 0.10 0.30 0.60 Page: 1 10/03/2016 306-9905093 12042 117.00 117.00 Page 128 of 482 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. Baez, Estela (slip & fall) Billing Category 18-RLO Claim #001470 -000364 -GB -01 09/02/2016 STM Correspond with process server to serve additional subpoenas on non-party production for discovery. TAD Receipt and review of request for records from non-party. Prepare amended answer and affirmative defenses. 09/07/2016 TAD Prepare correspondence to Leisureville adjuster re: information on claims and medicals. Review information on the Plaintiffs medical claims re: response to inquiry re: conditions and expenses for negotiations with Leisureville adjuster. 09/08/2016 TAD Receipt and review of correspondence Leisureville counsel re: investigation and prepare response to same. 09/13/2016 TAD Extended telephone conference with Leisureville insurer re: response to demand letter. 09/15/2016 TAD Prepare correspondence to Nationwide re: response to request for information. (Leisureville insurer). 09/19/2016 TAD Receipt and review of correspondence from adjuster and prepare response to same regarding status of claims. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHERIE T. MALDOAO 0.50 $125.00 TRACEY A. DECARLO 4.20 195.00 Photocopies TOTAL EXPENSES THRU 09/30/2016 Page: 1 10/03/2016 306-9905097 12043 HOURS 0.50 1.60 1.30 0.30 0.30 0.30 0.40 4.70 881.50 TOTAL $62.50 819.00 1.75 1.75 Page 129 of 482 Page: 2 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9905097 STATEMENT NO: 12043 adv. Baez, Estela (slip & fall) TOTAL CURRENT WORK 883.25 BALANCE DUE $88125 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 130 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 12044 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category -18RLO Claim #001470 -000369 -AB -01 Page 131 of 482 HOURS 09/01/2016 TAD Review claims information for meeting on issues. Review web information on plaintiff re: conversations with City employees. Revise response to interrogatories and request for production to include additional information. Prepare correspondence to city re: information needed for discovery. Prepare outline of issues for meeting with City employee. 1.60 09/12/2016 TAD Receipt and review of motion to compel better answers to discovery. 0.30 09/13/2016 TAD Revise privilege log to include additional items. Revise response to request for production to include objections. Prepare correspondence to the City re: information on City vehicle for response to discovery. 0.60 09/15/2016 TAD Receipt and review of correspondence and documents from City re: response to discovery. Receipt of additional documents from the City. Revise response to request for production. 0.50 09/16/2016 STM Receipt and Review Plaintiffs Amended Motion to Compel Better Answers Response and Request for Ruling on Defendant's Objections to Discovery Request. 1.00 STM Receipt and Review Plaintiffs Motion to Compel Better Response and Request for Ruling on Defendant's Objections to Discovery Request. 0.50 09/21/2016 STM Receipt and Review Plaintiffs Motion to Compel Better Answers to Defendant. 1.00 STM Receipt and Review Plaintiffs Motion to Compel Better Answers to Request for Production and Plaintiffs Objection to Discovery Request. 1.00 09/27/2016 STM Research Discovery rules and the Judge's Administrative rules in preparation for Motion to Compel Exparte. 1.00 STM Prepare and draft Motion to Compel Discovery. 0.50 FOR CURRENT SERVICES RENDERED 8.00 1,210.00 Page 131 of 482 Page: 2 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9905102 STATEMENT NO: 12044 adv. Blutcher, Pamela (MVA) TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY RATE 5.00 $125.00 3.00 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,210.00 Page 132 of 482 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. Goldman, Barry (bike/grate accident) Billing Category: 18-RLO Claim #001470 -000373 -GB -01 09/02/2016 STM Review Plaintiffs Request for Production and Answer to Interrogatories. STM Review Plaintiffs discovery and organized exhibits for Deposition of the Plaintiff, Barry Goldman. ACCOUNT NO: STATEMENT NO: 09/08/2016 STM Continue Review of Discovery and Interrogatories from Plaintiff. Prepare and organized Exhibits for Deposition of Barry Goldman. STM Review and summarize deposition of Engineer, Colin Groff. Further review exhibits regarding same. FOR CURRENT SERVICES RENDERED HOURLYRECAPITULATION TIMEKEEPER HOURS SHERIE T. MALDONADO 11.00 a Photocopies TOTAL EXPENSES THRU 09/30/2016 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905111 12045 HOURS 2.00 3.50 2.50 3.00 11.00 1,312.50 TOTAL $1,312.50 86.10 86.10 1,398.60 $1,398.60 Page 133 of 482 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 10/0312016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905117 Boynton Beach FL 33425 STATEMENT NO: 12046 Attn: Lynn Swanson adv. Harris, Byron (excessive force) Billing Category: 18-RLO Claim #001470 -000378 -PP -01 HOURS 09/01/2016 SCW Meeting with Tracey DeCarlo regarding deposition on September 6, 2016. 0.10 TAD Receipt and review of correspondence from plaintiff and all counsel re: mediation. Prepare correspondence to City counsel re: mediation and receipt of response to same. Receipt of plaintiff supplemental initial disclosures. Receipt of correspondence re: deposition of former officer Broberg and prepare response to same. 0.70 09102/2016 TAD Receipt and review of correspondence from plaintiff counsel, city counsel and officer counsel re: deposition issues and motion to extend number of depositions. Receipt of motion. Receipt of CME report from City expert. Receipt of records re: plaintiff prior medical and psychological history. Receipt of correspondence re: hospital records and correspondence re: mediation. 0.90 09/06/2016 SCW Attend deposition for Bryon Karp. 4.20 TAD Receipt and review of correspondence re: defense meeting issues. Attend defense conference regarding experts and depositions. Receipt of correspondence re: expert depositions and prepare response to same. 0.90 09/07/2016 TAD Attend deposition of Dr. Dorsainvil and Dr. DeOca. Review report of plaintiffs expert re: deposition of same. Receipt of correspondence from Plaintiff re: issues with Brogberg deposition. 5.60 09/08/2016 TAD Attend deposition of plaintiff police practices expert and confer with counsel re: remaining deposition issues. Receipt of correspondence re: issues with deposition of passenger and former officer and prepare response to same. Prepare outline of testimony from expert. Receipt of City's expert disclosures and report of police expert. 6.40 09/09/2016 SCW Attend deposition for Lief Broberg. 3.70 TAD Attend deposition of Leif Broberg (beginning). Attend deposition of Officer Muso from PBSO. Attend deposition of Antico. 7.30 09/12/2016 TAD Attend deposition of Officer Herny. Confer with defense counsel re: response to Plaintiffs request to change depositions. 2.60 Page 134 of 482 Page: 2 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9905117 STATEMENT NO: 12046 adv. Harris, Byron (excessive force) l 09113/2016 TAD Receipt and review of correspondence re: Braswell deposition and prepare response to same. 0.20 09/14/2016 JAC case status and discovery review 0.40 09/15/2016 TAD Receipt and review of correspondence from City counsel re: issues with depositions of passengers. Review deposition of Officer Harris. Review deposition of Officer Eichorst, Officer Martinez, Officer Monteith, Officer Ramos and Officer Rivera. 2.80 09/16/2016 SHB Attend deposition of Jeffrey Braswell. Discuss with TAD. 1.00 STM Receipt and Review Plaintiffs fourth Request for Production to Defendant, City of Boynton Beach. 0.50 JAC review discovery status and prep for briefing with LL and commissioners 1.20 TAD Receipt and review of information regarding response to request for production. Review proposed responses and prepare correspondence to City counsel re: additional objections and issues with response. 1.40 09/19/2016 TAD Receipt and review of documents and proposed response to request for production. Prepare correspondence to City counsel regarding same. Receipt of amended response. Telephone conference with City counsel regarding response to discovery. Receipt of correspondence from adjuster re: status and prepare response to same. 1.70 09/20/2016 STM Receipt and Reveiw Plaintiffs Request for Production to Defendant, City of Boynton Beach. 0.50 TAD Receipt and review of correspondence regarding Braswell deposition and prepare response to same. Receipt of correspondence from the City regarding notice from Braswell and prepare response to same. Review Braswell statements re: information for outside counsel. Receipt of report regarding depositions of officers. 1.40 09/22/2016 TAD Receipt and review of proposed response to third request for production and documents. Telephone conference with City counsel re:additional objections to response and suggested changes. 1.40 JAC review discovery and discuss with TD 0.70 09/23/2016 TAD Telephone conference with City counsel re: response to third request for production. Receipt of revised response and prepare correspondence to counsel re: same. 0.40 09/26/2016 TAD Attend deposition of Tiesha Mack. Attend deposition of Angela Edward. Receipt of correspondence from counsel re: issues with deponents and motions. Receipt of additional medical examination report. Receipt of motion to show cause and correspondence re: same. 3.50 09/27/2016 TAD Receipt and review supplemental discovery responses and documents to be produced. Receipt of proposed response to 4th request for production and prepare correspondence to counsel re: information to be produced and objections. Receipt of depositions of additional officers. Prepare correspondence to City re meeting. 2.20 Page 135 of 482 Page: 3 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9905117 STATEMENT NO: 12046 adv. Harris, Byron (excessive force) 09/28/2016 STM Receipt and review Defendant, Ronald Ryan Request for copies for all Non Party. 09/30/2016 TAD Receipt of deposition of Hill and correspondence re: same. Receipt of supplemental report from police practices expert. Receipt of correspondence re: Reverend Whitely deposition. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPERHOURS HOURLY RATE JAMESA.CHEROF 2.30 $195= SHANA H. BRIDGEMAN 1.00 195.00 SHERIE T. MALDONADO 2.00 125.00 TRACEY A. DECARLO 41.00 195.00 SHARI C. WALLEN 8.00 195.00 Photocopies TOTAL EXPENSES THRU 09/30/2016 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 1.00 1.60 54.30 10,448.50 TOTAL $448.50 195.00 250.00 7,995.00 1,560.00 0.35 0.35 10,448.85 Page 136 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905124 Boynton Beach FL. 3342.5 STATEMENT NO' 12047 Attn: Lynn Swanson Broberg, Leif Complaint (2015) Billing Category: 18-RLO Claim #001470000390 -EP -01 HOURS 09/08/2016 TAD Receipt and review of Plaintiffs response to City's Motion to Dismiss and Chief Motions to Dismiss. 0.30 09/12/2016 TAD Extended telephone conference with outside counsel re: Plaintiffs response to motion to dismiss and strategy regarding the City's response. 0.30 09/16/2016 STM Receipt and Review Plaintiffs First Request for Production to Defendant, City of Boynton Beach. 0.50 09/23/2016 TAD Receipt and review of correspondence re: response to request for production and review proposed response. 0.20 FOR CURRENT SERVICES RENDERED 1.30 218.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHERIE T. MALDONADO 0.50 $125.00 $62.50 TRACEY A. DECARLO 0.80 195.00 156.00 TOTAL CURRENT WORK 218.50 BALANCE DUE $218.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 137 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905132 Boynton Beach FL 33425 STATEMENT NO: 12048 Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim #001470 -000380 -AB -01 09/22/2015 STM Continue Preparation of Deposition Exhibits of Plaintiff, George Wade. 0.50 STM Draft Expert Witness List. 1.50 STM Draft Exhibit List. 1.50 STM Research and Correspond with Palm Beach County Courthouse, Administrative Staff in reference to Setting Deposition of Plaintiff, George Wade at the Courthouse/Deposition Conference Room. 1.00 09/26/2016 TAD Prepare correspondence to medical expert re: information on claim and opinions required. 0.20 FOR CURRENT SERVICES RENDERED 13.50 1,792x50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHERIE T. MALDONADO 12.00 $125.00 $1,500.00 Page 138 of 482 HOURS 09101/2016 TAD Extended telephone conference with plaintiff counsel re: claims and information on plaintiff. 0.30 09/02/2016 TAD Prepare memorandum re: information from City employee re: incident and plaintiff. 0.60 09/07/2016 TAD Receipt and review of plaintiffs privilege log. 0.10 09/08/2016 TAD Receipt and review of amended notice of jury trial. 0.10 09/20/2016 STM Receipt and Review Trial Order. 1.00 STM Receipt and Review Amended Trial Order. 1.00 STM Prepare Trial Order outline. 2.00 TAD Receipt and review of amended trial notice. Prepare correspondence to expert re: information on claim. 0.20 09/21/2016 STM Prepare Medical Notebook for Expert to Reveiw Plaintiffs Medical Records. 2.00 STM Prepare Deposition Exhibits of Plaintiff, George Wade. 1.50 09/22/2015 STM Continue Preparation of Deposition Exhibits of Plaintiff, George Wade. 0.50 STM Draft Expert Witness List. 1.50 STM Draft Exhibit List. 1.50 STM Research and Correspond with Palm Beach County Courthouse, Administrative Staff in reference to Setting Deposition of Plaintiff, George Wade at the Courthouse/Deposition Conference Room. 1.00 09/26/2016 TAD Prepare correspondence to medical expert re: information on claim and opinions required. 0.20 FOR CURRENT SERVICES RENDERED 13.50 1,792x50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHERIE T. MALDONADO 12.00 $125.00 $1,500.00 Page 138 of 482 Page: 2 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9905132 STATEMENT NO: 12048 adv. Wade, George (auto accident) TIMEKEEPER HOURS HOURLY _ ATE TOTAL TRACEY A. DECARLOi 195.00 292.50 Photocopies 181.30 TOTAL EXPENSES THRU 09/30/2016 181.30 09/27/2016 Compass Investigations - Invoice 2016010727 40.00 09/27/2016 Compass Investigations - Invoice 2016010726 40.00 80.00 TOTAL. ADVANCES THRU 09/30/2016 80.00 TOTAL CURRENT WORK 2,053.80 BALANCE DUE $2,053-80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 139 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905166 Boynton Beach FL 33425 STATEMENT NO: 12049 Attn: Lynn Swanson adv. Rabelo, Raymond Billing Category: 1 B-RLO Claim #001470 -000391 -GB -01 HOURS 09/06/2016 TAD Receipt and review of order setting trial and review same re: deadlines and conflicts. 0.30 09/15/2016 TAD Prepare notice of hearing on motion for summary judgement. Review Judge's instructions re: submission of motion and supporting law. Prepare correspondence to all counsel re: motion for summary judgment. 0.60 09/19/2016 TAD Telephone conference with plaintiff re: motion for summary judgment. 0.20 09/20/2016 STM Receipt and Review Trial Order. 1.00 STM Prepare Trial Order Outline. 2.00 TAD Telephone conference with plaintiff counsel and defense counsel re: motion for summary judgment. 0.30 09/21/2016 TAD Extended telephone conference with plaintiff and defense counsel re: City's motion for summary judgment. Telephone conference with City public works department re: information for claims. 0.40 09/2212016 STM Receipt and Review Defendant's Summary Judgment and Incorporated Memorandum of Law and retrieve Case Law from Westlaw and Florida Statues. 1.00 STM Prepare for Hearing on Defendant's Summary Judgment and Incorporated Memorandum of Law. 1.00 STM Draft Order for Defendant's Hearing on Motion for Summary Judgment and Incorporated Memorandum of Law for TAD review. 0.50 FOR CURRENT SERVICES RENDERED 7.30 RECAPITULATION HOURSTIMEKEEPER *TOTAL SHERIE T. MALDONADO 5.50 $125.00 $687.50 TRACEY A. DECARLO 1,80 195.00 351.00 1.038.50 Page 140 of 482 Page: 2 CITY OF BOYNTON BEACH 10103/2016 ACCOUNT NO: 306-9905166 STATEMENT NO: 12049 adv. Rabelo, Raymond Photocopies 1715 TOTAL EXPENSES THRU 09/3012016 17.15 TOTAL CURRENT WORK 1.055-66 BALANCE DUE !$1,055,65 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 141 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905171 Boynton Beach FL 33425 STATEMENT NO: 12050 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470 -000400 -PI -01 HOURS 09/01/2016 TAD Receipt and review of correspondence from dart counsel re: memorandum in opposition to motion for leave to amend. Reveiw and revise memorandum in opposition and prepare correspondence regarding same. Receipt of Hart Initial Disclosures. Receipt of order on Motion for Leave to Amend. Review local rules regarding compliance with order and motion to amend. 1.10 09/06/2016 TAD Receipt and review of order regarding motion for leave to amend. Receipt of meeting minutes re:: meetings and testimony of plaintiffs. Receipt of history from code compliance for all properties owned by the Plaintiffs. 2.80 09/12/2016 TAD Receipt and review of plaintiffs supplemental motion for leave to amend. Receipt and review of amended complaint. 1.80 09/13/2016 MDC Meet with TD, review Amended Complaint, miscellaneous research on revised causes of action. 0.40 TAD Review case law and Motion for Leave to Amend and prepare response to same as required by the Court. 2.30 09/15/2016 TAD Receipt and review correspondence from Hart counsel re: mediation. Receipt of correspondence from mediator and plaintiff counsel re mediation. Telephone conference with Hart counsel re: response to Motion for Leave to Amend. Prepare correspondence to City re: motion to amend. Revise response to motion for leave to amend to include additional information. 1.90 09/16/2016 TAD Receipt and review of Hart's response memorandum re: motion for leave to amend. 0.30 09/26/2016 TAD Receipt of letter of remand. Receipt of order granting leave to amend and for remand. 0.30 09/29/2016 TAD Receipt and review of correspondence from Hart counsel re: amendment to complaint. 0.10 FOR CURRENT SERVICES RENDERED 11.00 2,145.00 Page 142 of 482 Page: 2 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9905171 STATEMENT NO: 12050 adv. Caliendo, Giovanni & Emily (code violation) TOTAL CURRENT WORK XT -1 �-Ijk bra-DTIIJA RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 10.60 195-00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 2,145.00 Page 143 of 482 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 EACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Shevlin, Patrick (false arrest) Billing Category: 18-RLO Claim #001470 -000395 -PP -01 09/16/2016 TAD Review claim re status re: request from adjuster for direction. Receipt of correspondence from the City re: same. FOR CURRENT SERVICES RENDERED BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.30 $195-00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905186 12051 HOURS 0.30 0.30 58.50 TOTAL $58-50 58,50 $5&50 Page 144 of 482 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. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 ACCOUNT NO: STATEMENT NO: 09/07/2016 TAD Telephone conference with adjuster re: claim status and strategies. 09/12/2016 TAD Revise motion for summary judgment and prepare correspondence to the City re: Motion and testimony. 09/15/2016 TAD Receipt and review of photographs and information from PBSO in response to public records request. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.90 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/0312016 306-9905190 12052 HOURS 0.30 1.20 0.40 1.90 370.5 TOTAL $370.50 370.50 $370.50 Page 145 of 482 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. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470 -000410 -EP -01 09/01/2016 TAD Receipt and review of EEOC documents. Review prior internal affairs information on Ryan. Review timeline from human resources re: investigation and events related to review. Receipt of termination documents from police department. FOR CURRENT SERVICES RENDERED ■ µ WMAOINt�^ TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS LY RATE 2.70 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905216 12053 HOURS 2.70 2.70 526.50 TOTAL $526.50 526.50 $526.50 Page 146 of 482 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. Estime, Roberts (Police Deadly Force) Billing Category: 18-RLO Claim #001470 -000411 -PP -01 HOURS 09/02/2016 TAD Receipt and review of records from police department re: incident reports. Receipt of crash report. Review CAD report. 0.90 09109/2016 SHB Review court docket re., status of criminal trial; discuss with TAD. 0.60 Page: 1 10/03/2016 306-9905218 12054 09/1212016 TAD Receipt and review correspondence re: response to document request from the Police Department. 0.20 FOR CURRENT SERVICES RENDERED 1.70 331.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHA NA H. BRIDGEMAN 0.60 $195.00 $117.00 TRACEY A. DECARLO 1.10 196-00 214.50 TOTAL CURRENT WORK 331.50 BALANCE DUE $331,50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 147 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905224 Boynton Beach FL 33425 STATEMENT NO: 12055 Attn: Lynn Swanson adv. Sobriety Now, Inc. Billing Category: 18 - RLO Claim #001470 -000414 -EP -01 HOURS 09/01/2016 TAD Prepare motion to dismiss plaintiffs complaint. Review case law regarding claims for misrepresentation. 2.30 09/08/2016 FLN Discussed with Tracey DeCarlo re: meeting held on 7/12/2016 which I attended; reviewed previous documents and notes which I shared with Tracey. 0.80 09/12/2016 TAD Receipt and review of information from the City re: meetings and second red tag regarding response to complaint. Review case law re: standing arguments for motion to dismiss. Revise motion to dismiss to include additional arguments and case law. 1.40 09/15/2016 TAD Receipt and review of motion for default. Telephone conference with plaintiff counsel re: motion. Prepare correspondence to the City re: motion and issues with same. Review claims from Plaintiff and documents regarding code issues and prepare for meeting with City representatives. 1.20 09/16/2016 FLN Completed review of file and memo drafting re: notes from 7/12/2016 meeting. 0.80 JAC research regarding defenses and M/Dismiss 0.90 TAD Prepare motion to strike motion for default. Receipt of correspondence re: request for meeting with city manager and prepare response to same. 1.60 09/19/2016 JAC attend fact finding conference with staff 0.80 TAD Attend meeting with City personnel re: status of claims and background information on owner and citations. Prepare memorandum re: same. 3.30 09/22/2016 TAD Receipt and review correspondence from City re: response from property owner and emails re: prior violation. Review docket re: status of plaintiffs motion. 0.40 FOR CURRENT SERVICES RENDERED 13.50 2,632.50 RECAPITULATION TIMEKEEPER S HOURLY RATE TOTAL JAMES A. CHEROF 1.70 $195.00 $331.50 Page 148 of 482 Page: 2 CITY OF BOYNTON BEACH 10/03/2016 ACCOUNT NO: 306-9905224 STATEMENT NO: 12055 adv. Sobriety Now, Inc. AA a "- Ill 0' INTI-141MI MLII;1;4;1 Elm HOURS HOURLY RATE TOTAL 10.20 195-00 1,989.00 1.60 195.00 312.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 149 of 482 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. Barthelmy, Clorena (Vehicle Accident) Billing Category: 18 v RLO Claim #001470 -000415 -AB -01 ACCOUNT NO: STATEMENT NO: 09/2212016 TAD Receipt and review of notice of claim and incident report and accident report. FOR CURRENT SERVICES RENDERED 11 _MA 911W-11 :4 RECAPITULATION .- TOTAL CURRENT WORK RECAPITULATION HOURS HOURLYT 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 0.30 . r Page: 1 10/03/2016 306-9905232 12056 58.50 58.50 Page 150 of 482 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 10/03/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905233 Boynton Beach FL 33425 STATEMENT NO: 12057 Attn: Lynn Swanson adv. Hill, Ashley (Police -excessive force) Billing Category: 18 - RLO Claim #001470 -000378 -PP -02 09/26/2016 TAD Receipt of notice of claim. Receipt of correspondence from adjuster re: notice of claim. Prepare correspondence to outside counsel re: notice. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK F l 1 HOURS HOURSRECAPITULATION HOURLYRATE TOTAL li ! $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.30 0.30 58.50 58.50 Page 151 of 482 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, Gonzalez, Maria de Jesus (police) Billing Category: 18 - RLO Claim #001470 -000 -416 -PP -01 09/22/2016 TAD Receipt and review of notice of claim and police incident report re: claim information. 7e1:14111 7 1111:01,4 M114:11FIroggi-al-A Z I OTANI TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/03/2016 306-9905234 12058 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $5&50 Page 152 of 482 Lewis, Stroud & Deutsch, PL 1900 Glades Road Suite 251 Boca Raton, FL 33431 Tel 561-826-2800 Fax 561-826-2828 October 4, 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 Beach, Jeffrey Katz & Suzanne Invoice # 6220 Crawford Federal ID Email Invoice to Julie at City of Boynton Beach 20-338-5521 oldburyj@bbfl.us =91VIEW ;= �e �: 9/8/2016 HL Receipt and review Plaintiffs Response and Memorandum of Law in 0.30 49.50 Opposition to Defendant City of Boynton Beach's Motion to Dismiss. 9/9/2016 HL Prepare Notice of Unavailability regarding counsel's unavailability on 0.10 16.50 October 3, 4, and 12, 2016. 9/12/2016 HL Receipt and review Plaintiffs Response and Memorandum of Law in 0.20 33.00 Opposition to Defendant Jeffrey Katz's Motion to Dismiss. HL Receipt and review correspondence from Adrian Alvarez to Judge Gillen 0.20 33.00 with binder and list of contents and case law regarding the special set hearing scheduled for September 16, 2016. 9/13/2016 HL Receipt and review correspondence from Lyman Reynolds, Esquire to 0.10 16.50 Judge Gillen enclosing a copy of Defendant, City of Boynton Beach's Reply to Plaintiffs Response and Memorandum of Law in Opposition to the City's Motion to Dismiss Plaintiffs Complaint with case law pursuant to the hearing scheduled on September 16, 2016. HL Receipt and review Defendant, City of Boynton Beach's Reply to Plaintiffs 0.20 33.00 Response and Memorandum of Law in Opposition to City's Motion to Dismiss. HL Receipt and review Plaintiffs First Request for Production of Documents to 0.20 33.00 Defendant, City of Boynton Beach. 9/19/2016 HL Receipt and review Defendant Katz's Notice of Supplemental Authority. 0.10 16.50 Total professional services rendered 1.40 $231.00 Previous balance $168.00 Accounts receivable transactions 9/16/2016 Payment -Thank You No. 0130890239 Total payments and adjustments ($168.00) ($168.00) Page 153 of 482 City of Boynton Beach Invoice Summary Name Ria—rr-u641'ewiis — ------- . .............................. — - - ------------------------- - . ..................... ZEE Hours Rate Amount 1.40 165.00 $231.00 Page 154 of 482 1900Lewis, Stroud & Deutsch, PL Glades Road Suite 251 Booa Raton, FL 33431 1 - City of Boynton Beach Julie Oldebury Director of Human Resources and Risk Management 100 E Boynton Beach Blvd, Boynton Beach„ FL 33425 EISA In Reference To:Byron J. Harris v. City of Boynton Beach Invoice # 6221 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: 561-826-2800 Page 155 of 482 Hours t 9/1/2016 HL Receipt and review Defendant, City of Boynton Beach's Notice of 0.10 16.50 Production from Non -Party and subpoenas (6). HL Receipt and review correspondence from Lyman Reynolds, Esq. advising 0.10 16.50 he would like to set up a telephone conference or in-person meeting to discuss the Defendants abilitylinability to share in a police practices expert and providing dates for this meeting. GO Review and analyze documents and perform investigation and research 3.20 528.00 on witnesses and key players in preparation for depositions GO preparations for and appear for and attend deposition of Ashley Hill, and 6.30 1,039.50 prepare summary of same 9/2/2016 HL Receipt and review Plaintiffs Request for Copies to Defendant, City of 0.10 16.50 Boynton Beach with 6 Subpoenas for records. HL Receipt and review documents from expert, Dr. Craig Lichtblau's 3.20 528.00 deposition including Practice Management, Clinical Review, Chronic Pain Linked to Depression and Trauma and Post Traumatic Stress Disorder. GO Receipt and review Dr. Michael Zeide's CME Report regarding Plaintiff, 0.90 148.50 Bryon Harris. Mr. Oldehoff has been handling a lot of depositions including the deposition of Plaintiffs Orthopedic Expert in this case and it is necessary for him to review the IME Report of Defense expert so ensure he has have all relevant information when attending depositions. 9/6/2016 HL Receipt and review Re -Notice of Taking Video Conference Deposition DT 0.10 16.50 of Roy Bedard changing time of deposition. HL Receipt and review Defendant, City of Boynton Beach's Notice of 0.10 16.50 Production from Non -Party & Subpoenas to Dr. Phil Heller, Dr. Jonathan Rapp and Cafe Madrid. HL Receipt and review correspondence from Lyman Reynolds regarding Dr. 0.10 16.50 Michael Zeide's CME Report for Plaintiff, Byron Harris. HL Receipt and review Dr. Michael Zeide's CME Report for Plaintiff, Byron 1.10 181.50 Harris, Jr. HL Receipt and review Re -Notice of Taking Deposition of Leah Rebekah 0.10 16.50 Devery rescheduling deposition to September 12, 2016 at 100pm. 561-826-2800 Page 155 of 482 City of Boynton Beach �.- 9/6/2016 HL Receipt and review correspondence from Lyman Reynolds, Esq. advising 0.10 16.50 the dates he previously provided to have a telephone conference or meeting regarding the police practices expert as the disclosures are due before the dates proposed and therefore provided another date of availability. 9/7/2016 HL Receipt and review correspondence from Lyman Reynolds, Jr., Esquire to 0,10 16.50 Linnes Finney, Esquire regarding Defendants agreement that discovery cutoff should be extended to September 30, 2016 and several additional depositions will be scheduled. HL Receipt and review Defendant, Cory Herny's Request for Copies to 0.10 16.50 Defendant, Matthew Medeiros. HL Receipt and review Defendant, Cory Herny's Request for Copies to 0.10 16.50 Defendant, City of Boynton Beach regarding Notice of Production from Non -Party dated September 1, 2016. HL Receipt and review Defendant, Cory Herny's Request for Copies to 0.10 16.50 Defendant, City of Boynton Beach regarding Notice of Production from Non -Party dated September 2, 2016. HL Receipt and review Defendant, Cory Herny's Request for Copies to 0.10 16.50 Defendant, Justin Harris regarding Notice of Production from Non -Party dated July 29, 2016. HL Receipt and review Defendant, Cory Herny's Request for Copies to 0.10 16.50 Defendant, City of Boynton Beach regarding Notice of Production from Non -Party dated July 28, 2016, HL Receipt and review Defendant, Cory Herny's Request for Copies to 0.10 16.50 Defendant, Justin Harris regarding Notice of Production from Non -Party dated July 29 2016. HL Receipt and review Defendant, Cory Herny's Request for Copies to 0.10 16.50 Defendant, City of Boynton Beach regarding !Notice of Production from Non -Party dated May 12, 2016, HL Attend deposition of Dr. Dorsonville 4.10 676.50 HL Plan and prepare for deposition of Dr. Dorsonville 0.90 148.50 HL Appear for and Attend deposition of Dr. Manuel Montes de Oca, 2.10 346.50 Psychiatrist at Palm Beach Count Jail HL Receipt and review Defendant, City of Boynton Beach's Notice of Trial 0.10 16.50 Conflict GO Preparation for deposition of Plaintiffs LEO expert 1.60 264.00 9/8/2016 HL Receipt and review Notice of Cancellation of Deposition of Dr. Maged 0.10 16.50 Habib scheduled for September 9, 2016. GO Attend deposition of Plaintiffs expert, Roy Bedard, in West Palm Beach 4.50 742.50 (video teleconference) HL Plan and prepare for deposition of Leif Broberg by reviewing discovery 1.80 297.00 and documents in Broberg v. Boynton Beach 9/9/2016 HL Receipt and review Defendant, Ronald Ryan's Request for Copies to 0.10 16.50 Defendant, City of Boynton Beach. HL Prepare Defendant, Matthew Medeiros' Request for Copies to Defendant, 0.10 16.50 City of Boynton Beach for copies of records obtained pursuant to Notice of Production from Non -Party's dated September 1, 2016 and September 2, 2016. GO Attend depositions of Pilot Michael Musto and Sergeant Antico 3.70 610.50 HL Travel to and from Reyes, Tobin, for deposition of Leif Broberg and attend 4.20 693.00 deposition of Leif Broberg Page 156 of 482 City of Boynton Beach 02 9/9/2016 HL Prepare Notice of Unavailability regarding counsel's unavailability on 0.10 16.50 October 3, 4, and 12, 2016. HL Receipt and review Def, City of Boynton Beach's Notice of Compliance to 0.10 16.50 Defendant, Ronald Ryan's Request for Copies dated August 3, 2016. HL Receipt and review Def, City of Boynton Beach's Notice of Compliance to 0.10 16.50 Defendant, Ronald Ryan's Request for Copies dated May 20 2016. HL Receipt and review Def, City of Boynton Beach's Notice of Compliance to 0.10 16.50 Defendant, Matthew Medeiros' Request for Copies dated July 29, 2016. HL Receipt and review Def, City of Boynton Beach's Notice of Compliance to 0.10 16.50 Defendant, Ronald Ryan's Request for Copies dated August 8, 2016. HL Receipt and review Def, City of Boynton Beach's Notice of Compliance to 0.10 16.50 Defendant, Stephen Maiorino's Request for Copies dated June 6 2016, HL Receipt and review Def, City of Boynton Beach's Notice of Compliance to 0.10 16.50 Defendant, Stephen Maiorino's Request for Copies dated August 8, 2016. HL Receipt and review Def, City of Boynton Beach's Notice of Compliance to 0.10 16.50 Defendant, Cory Herny's Request for Copies dated September 6 2016. HL Receipt and review Def, City of Boynton Beach's Notice of Compliance to 0.10 16.50 Defendant, Cory Herny's Second Request for Copies dated September 6, 2016. 9/11/2016 GO preparation for upcoming depositions 2.70 445.50 9/12/2016 HL Receipt and review Defendant, Ronald Ryan's Notice of Conflict of Trial. 0.10 16.50 HL Receipt and review Notice of Taking Deposition DT of Michael Zeide, 0.10 16.50 M.D. on September 28, 2016. HL Receipt and review Plaintiffs Fourth Request for Production to City of 0.10 16.50 Boynton Beach. HL Receipt and review Re -Notice of Taking Deposition Duces Tecum and 0.10 16.50 Subpoena for Dr. Carol Adami scheduled for September 16, 2016. HL Receipt and review Notice of Taking Deposition Duces Tecum and 0.10 16.50 Subpoena for Dr. Brianna Garrett scheduled for September 16, 2016. HL Receipt and review correspondence from Lyman Reynolds, Esquire 0.10 16.50 advising that he would like to schedule the depositions of Dr. Brianna Garrett and Dr. Carol Adami on September 16, 2016 along with Jeffrey Braswell's deposition that is already scheduled for that day. Requested everyone advise if they have any objections to this scheduling to advise as soon as possible. GO Preparations for and attendance at depositions of Cory Herny and 6.50 1,072.50 Rebecca Devery, and prepare summary of depositions for pretrial use 9/13/2016 HL Receipt and review correspondence from Lyman Reynolds, Esquire 0.10 16.50 advising they are mailing a CD containing 13 deposition transcripts. HL Receipt and review records received pursuant to Defendant, City of 1.80 297.00 Boynton Beach's subpoena dated July 28, 2016 including Columbia Hospital, GEO Group, Medical Center Imaging, South County Mental Hospital and Wellington Regional Medical Center. GO Review and analyze reenactment file on flash drive; review deposition 1.80 297.00 transcripts of depositions I have not attended in preparation for upcoming depositions GO review and assemble documents in preparation for upcoming depositions 1.20 198.00 9/14/2016 GO Review and analyze transcript of deposition of Cory Gray 0.30 49.50 9/15/2016 HL Receipt and review correspondence from Lyman Reynolds, Jr., Esquire 0.10 16.50 regarding the deposition exhibits from expert Roy Bedard's deposition. Page 157 of 482 City of Boynton Beach Page 4 Houm Amount 9/1512016 HL Receipt and review note from Dr, Trejo regarding Charlene Edwards 0.10 16.50 advising she recently had a pulminary embolism and should not be deposed due to shortness of breath. HL Receipt and review records received pursuant to Defendant, City of 6.60 1,089.00 Boynton Beach's subpoena dated September 16, 2016 including Armor Correctional, Bethesda Memorial, Boynton Beach Fire Rescue, Boynton Beach Eye Institute, Brevard County Jail Complex and Charlotte County Sheriffs Office. 9/16/2016 HL Receipt and review Notice of Mediation scheduling mediation on October 0.10 16.50 26, 2016 at Matrix Mediation with Mediator, Patrick Massa. HL 0.00 NO CHARGE HL Plan and prepare for update deposition of Jeffrey Braswell by reviewing 1.30 214.50 transcript of prior deposition HL Receipt and review Notice of Cancellation of Deposition of Dr. Brianna 0.10 16.50 Garrett. HL Receipt and review Defendant, City of Boynton Beach's Notice of 0.10 16.50 Production from Non-Party for Armor Correctional, Dr. Gunawardene and PBSO. HL Plan and prepare for 2nd part of Jerry Braswell's deposition and attend 2.40 396.00 telephone deposition. ( witness did not show up after his attorney advised he was going to pick him up and bring him to the deposition. waited for 1.2 hours and he did not return. HL Prepare correspondence to Julie Oldbury with Notice of Mediation and 0.10 16.50 Engagement Letter requesting her approval to sign and return the agreement to Matrix Mediation. 9/19/2016 HL Receipt and review Defendant's Supplemental Disclosures Pursuant to 0.10 16.50 FRCP 26(e). HL Receipt and review Defendant, City's Response to Plaintiffs Second 0.10 16.50 Request to Produce. GO Receipt and review Defendant, City of Boynton Beach's Supplemental 0.20 33.00 Disclosures pursuant to FRCP 26(e). GO Receipt and review Defendant, City of Boynton Beach's Response to 0.20 33.00 Plaintiffs Second Request to Produce. HL Receipt and review continued - records received pursuant to Defendant, 6.20 1,023.00 City of Boynton Beach's subpoena dated September 16, 2016 including Florida Dept. of Financial Services, King of Gold, Patient Financial Services, PBC Fire Rescue, PBSO, Portable Medical Diagnostics, Reception & Medical Center, Rubber Ducky Car Wash, Subway #19083, Subway #1293 and Workplace Solutions. 912012016 HL Prepare Defendant, Matthew Medeiros' Request for Copies to Defendant, 0.10 16.50 City of Boynton Beach pursuant to Notice of Production from Non-Party dated September 16, 2016, HL Receipt and review Plaintiffs Request for Copies to Defendant, City of 0.10 16.50 Boynton Beach pursuant to Notice of Production from Non-Party dated September 16, 2016. HL Receipt and review Defendant, City of Boynton Beach's Notice of 0.10 16.50 Compliance to Defendant, Michael Brown's Request for Copies dated September 7, 2016. HL Receipt and review Defendant, City of Boynton Beach's Notice of 0.10 16.50 Compliance to Defendant, Justin Harris's Request for Copies dated September 2, 2016, Page 158 of 482 City of Boynton Beach . .- 9/20/2016 HL Receipt and review Defendant, City of Boynton Beach's Notice of 0.10 16.50 Compliance to Defendant, Cory Herny's two separate Request for Copies dated September 6, 2016. HL Receipt and review Defendant, City of Boynton Beach's Notice of 0.10 16.50 Compliance to Defendant, Matthew Medeiros' two separate Request for Copies dated July 29, 2016 and September 9, 2016. HL Receipt and review Defendant, City of Boynton Beach's Notice of 0.10 16.50 Compliance to Defendant, Stephen Maiorino's Request for Copies dated September 12, 2016. 9/21/2016 HL Receipt and review correspondence from Lyman Reynolds, Esq. advising 0.10 16.50 a CD with Exhibit 46 of Detective Charles Ramos' deposition transcript is being sent via US Mail. 9/22/2016 HL Receipt and review Notice of Taking Video Conference Deposition DT of 0.10 16.50 Chuck Joyner on September 30, 2016. HL Prepare correspondence to Lyman Reynolds, Jr., Esquire requesting a 0.10 16.50 copy of Exhibit 3 to Roy Bedard's deposition and enclosing a flash drive for the copy as directed by Mr. Reynolds in his correspondence of September 15, 2016. 9/23/2016 HL Receipt and review Subpoena and Notice of Taking Deposition of Tiesha 0.30 49.50 Mach for September 26, 2016 at 9:00 a.m. HL Receipt and review Subpoena and Notice of Taking Deposition of Angela 0.30 49.50 Edwards for September 26, 2016 at 10:00 a.m. HL Receipt and review Subpoena and Notice of Taking Deposition of Rev. 0.30 49.50 Richard Dames for September 28, 2016 at 1:30 p.m. HL Receipt and review Subpoena and Notice of Taking Deposition of Darion 0.30 49.50 King for September 28, 2016 at 2:30 p.m. HL Receipt and review Subpoena and Notice of Taking Deposition of Clifford 0.30 49.50 Henfield for September 28, 2016 at 3:30 p.m. HL Receipt and review Subpoena and Notice of Taking Deposition of Rev. 0.30 49.50 Ray Whitely for September 28, 2016 at 4:30 p.m. HL Receipt and review Defendant, City of Boynton Beach's Response to 0.20 33.00 Plaintiffs Third Request to Produce. HL Receipt and review correspondence from Lyman H. Reynolds, Jr., 0.40 66.00 Esquire with the Addendum to Dr. Michael Zeide's CME Report. 9/26/2016 HL Receipt and review correspondence from Lyman H. Reynolds, Jr., Esq. 0.20 33.00 with CD containing Exhibit 46 to the deposition transcript of Detective Charles Ramos. HL Receipt and review continued of records requested by and received from 2.20 363.00 Defendant, City of Boynton Beach from Wellington Regional Medical Center, Burger King Corp. and Delray Beach Fire Rescue Department. GO attend telephonically deposition of Plaintiffs sister, Angela Edwards 1.40 231.00 GO Research on Angela Edwards, Plaintiffs sister 0.70 115.50 HL Receipt and review correspondence from Lyman H. Reynolds, Jr., 0.80 132.00 Esquire with Defendant, City of Boynton Beach's proposed Motion to Show Cause and Motion to Compel regarding Jeffrey Braswell. 9/27/2016 HL Receipt and review Defendant, City of Boynton Beach's Supplemental 0.20 33.00 Disclosures Pursuant to FRCP 26(e), HL Receipt and review Defendant, City of Boynton Beach's Responses to 3.80 627.00 Plaintiffs Second Request for Production. GO Preparation for depositions of Reverend Dames, Darion King, Clifford 1.30 214.50 Henfield, and Reverend Ray Whitely Page 159 of 482 City of Boynton Beach ZEE Page 160 of 482 Hours o n 9/27/2016 GO Receipt and review Defendant, City of Boynton Beach's Supplemental 0.20 33.00 Disclosures pursuant to FRCP 26(e) 9/28/2016 HL Receipt and review Defendant, City of Boynton Beach's Responses to 5.10 841.50 Plaintiffs Third Request for Production. GO Attend deposition of Dr. Michael Zeide in Boynton Beach 1.70 280.50 GO Prepare for deposition of Dr. Zeide 0.70 115.50 HL Receipt and review Defendant, Justin Harris's Notice of Adopting 0.30 49.50 Defendant, City of Boynton Beach's Supplemental Rule 26 Disclosures, GO Attend deposition of Reverend Whitely in West Palm Beach 1.50 247.50 HL Receipt and review Defendant, Justin Harris's Second Supplemental Rule 0.10 16.50 26 Disclosures. HL Receipt and review Defendant, Ronald Ryan's Request for Copies. 0.10 16.50 HL Prepare Defendant, Matthew Medeiros' Request for Copies to Plaintiff, 0.10 16.50 Byron Harris pursuant to Plaintiffs Fourth Request for Production to Defendant, City of Boynton Beach. GO Receipt and review Defendant, Justin Harris's Notice of Adopting 0.40 66.00 Defendant, City of Boynton Beach's Supplemental Rule 26 Disclosures. GO Receipt and review Defendant, Justin Harris's Second Supplemental Rule 0.20 33.00 26 Disclosures, 9130/2016 HL Receipt and review Notice of Taking Video Deposition of Sgt. Sedrick 0.110 16.50 Aiken on October 4, 2016. HL Receipt and review correspondence from Lyman Reynolds, Esq. to 0.10 16.50 confirm all agreed to extend discovery cutoff for a few more weeks in order to complete the necessary depositions that are currently being coordinated. GO preparation for deposition of Chuck Joyner, defendants' expert on police 1.00 165.00 practices, by reviewing documents produced and performing research on him, his company, and his work GO attend deposition of Chuck Joyner 3.00 495.00 HL Receipt and review correspondence from Lyman Reynolds, Esq. advising 0.10 16.50 they are returning our USB Drive with a copy of Exhibit 3 to the deposition transcript of Plaintiffs expert. HL Receipt and review Defendant, City of Boynton Beach's Motion to Show 0.40 66.00 Cause and Motion to Compel with exhibits. GO Receipt and review Defendant, City of Boyton Beach's Motion to Show 0.30 49,50 Cause and Motion to Compel regarding the deposition of Jeffrey Braswell. Total professional services rendered 102.60 $16,929.00 Disbursements incurred: 9/9/2016 GO Parking at deposition of Roy Bedars.. 10.00 9/13/2016 HL Copying cost for records requested from Defendant. City of Boynton Beach pursuant 35.00 to Request for Copies dated July 29, 2016 and August 8, 2016 sent on CD. 9/27/2016 HL Transcript Cost for Cory Gray scheduled for August 31, 2016. 312.10 HL Transcript Cost for Jeffrey Braswell and Ashley Hill volumes 1 & 2 scheduled for 1,862.65 September 1, 2016. 9/30/2016 HL Copying cost 107.5 HL Postage 1.20 Total Disbursements Incurred: $2,328.45 Page 160 of 482 City of Boynton each Total amount of this bill Previous balance Accounts receivable transactions 9/8/2016 Refund - Invoice billed twice, 9/19/2016 Payment - Thank You No. 0130927446 Total payments and adjustments 1191, 1 �11 Name Gary Oldehoff Harriet Lewis Invoice Summary Page 7 Amount $19,257.45 $22,07377 ($12.00) ($22,073-77) ($22,085.77) $19,245.45 Hours Rate Amount 45.50 165.00 $7,507.50 57.10 165.00 $9.421.50 Page 161 of 482 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 33436 October 04, 2016 In Reference To: Client/Insured: City of Boynton Beach Claimant: Byron Harris Claim No.: Date/Loss: August 20, 2014 Invoice # 9291 TAXPAYER I.D. NO.: 65-0385869 Professional Services 9/1/2016 ML Drafted seven Requests for Copies 1.00 80.00 80.00/hr ML Created deposition notebooks for pilot, Byron Karp 0.80 64.00 and Leah Devery 80.00/hr DS Attendance at Jeffrey Braswell and Ashley Hill's 8.50 1,402.50 depositions 165,00/hr LO Reviewed Dr, Lichtblau's Comprehensive Medical 2.00 330.00 Evaluation Report without annotations (146 pages) 165.00/hr 9/2/2016 DS Attendance at Dr. Brianna Garrett and Dr. Carol 1.70 280.50 Adami's depositions; Both failed to appear 165.00/hr DS Review and preparation for attending Dr. Brianna 1.00 165.00 Garrett and Dr. Carol Adami's depositions 165.00/hr Page 162 of 482 Julie Oldbury, Director Page rs tAmount 9/2/2016 DS Review and preparation for mock deposition with 1.60 264.00 client on September 6, 2016 165.001hr 9/5/2016 DS Receipt, review, and responded to client and his 0.30 49.50 personal attorney's emails re: mock deposition on 165.00/hr September 6, 2016 VO Review and preparation for deposition of Pilot 2.00 330.00 Bryan Karp 165.00/hr 9/6/2016 DS Review and preparation for client's mocked 2.30 379.50 deposition, later today 165.00/hr DS Reviewed and responded to emails re: witness 0.30 49.50 Devery's deposition 165.00/hr DS Receipt, review, and responded to emails re: 0.20 33.00 scheduling telephone conference to discuss 165.00/hr retention of experts DS Attended pre -deposition conference with client 2.50 412.50 165.00/hr DS Reviewed Amor Correctional's records 1.70 280.50 165.00/hr VO Receipt of email correspondence re: rescheduling 0.30 49.50 of deposition of Leah Devery 165.00/hr VO Attendance at deposition of Pilot Bryan Karp 1.60 264.00 165.00/hr 9/7/2016 DS Attendance at Dr. Dorsainvil's deposition 3.30 544.50 165.00/hr DS Preparation and review for attending deposition of 0.90 148.50 Dr. Dorsainvil 165.00/hr DS Review and preparation for attending Police 1.80 297.00 Expert's, Bedard, deposition 165.001hr Page 163 of 482 Julie Oldbury, Director Page 3 r t t 9/7/2016 VO Attendance at deposition of Manuel Montes de 2.00 330.00 Oca (4:00 - 5:45) 165.00/hr VO Preparation and review for deposition of Dr. 1.30 214.50 Manuel Montes de Oca 165.00/hr 9/8/2016 DS Attendance at Plaintiffs Police Expert's deposition 5.10 841.50 165.00/hr DS Review and preparation for attending Sgt. Antico's 1.50 247.50 deposition 165.00/hr DS Began reviewing defense police expert material 0.90 148.50 165.00/hr DS Preparation and review for attending Michael 0.40 66.00 Musto's deposition 165.00/hr DS Preparation and review for attending Leif 0.60 99.00 Broberg's deposition 165.00/hr 9/9/2016 DS Attendance at Leif Broberg, Michael Musto, and 7.70 1,270.50 Sgt. Antico's depositions 165.00/hr VO Emailed deposition transcript of Byron Harris to 0.30 49.50 Doug Duncan's office 165.00/hr 9/11/2016 DS Drafted additional questions to discuss with client 2.00 330.00 at pre -deposition conference on September 12, 165.00/hr 2016 9/12/2016 DS Attended final pre -deposition conference with client 1.00 165.00 165.00/hr DS Attendance at client's, Cory Herny, and nurse 5.10 841.50 Leah Devery's depositions 165.00/hr 9/14/2016 DS Preparation and review for attending Dr. Adami 1.00 165.00 and Dr. Garrett's depositions 165.00/hr Page 164 of 482 Julie Oldbury, Director Page 4 Hrs/Rate Amount 9/14/2016 DS Preparation and review for attending Jeffrey 1.70 280.50 Braswell's deposition 165.001hr VO Began reviewing deposition transcript of Craig 1.00 165.00 Lichtblau for purposes of summarizing same 165.00/hr 9/15/2016 DS Receipt and review of Jeffrey Braswell's deposition 2.70 445.50 transcript from first deposition; Second deposition, 165.00/hr scheduled September 16, 2016 9/16/2016 DS Attendance at Jeffrey Braswell's deposition; He 1.70 280.50 failed to appear, again; Defense counsel waited 165.00/hr because Braswell had called in and agreed to appear DS Reviewed various emails re: today's scheduled 0.30 49.50 depositions 165.00/hr DS Began working on summary judgment motion 1.40 231.00 issues and outline 165.00/hr 9/19/2016 DS Receipt and review of Defendant Maiorino's 0.10 16,50 Request for Copies 165.00/hr DS Continued working on summary judgment motion 2.30 379.50 issues and outline 165.001hr DS Receipt and review of City of Boynton's 0.20 33.00 supplemental disclosures 165.00/hr DS Preparation of email to client re: mediation 0.20 33.00 165.00/hr DS Reviewed email and notice from Matrix Mediation 0.20 33.00 165.00/hr 9/22/2016 DS Reviewed case law re; failure to intervene 1.80 297.00 165.00/hr Page 165 of 482 Julie Oldbury, Director Page Hrs/Rate Amount 9/22/2016 DS Reviewed Fourth Amendment case law 3.40 561.00 165.00/hr 9/23/2016 IDS Reviewed emails received afternoon of September 0.30 49.50 22, 2016, re: deposition notices and subpoenas 165.00/hr for next week's depositions IDS Receipt and review of emails re: next week's 0.20 33.00 depositions 165.00/hr IDS Review and preparation for attending Tiesha Mack 1.30 214.50 and Angela Edwards' depositions 165.00/hr IDS Reviewed Plaintiffs deposition in preparation for 2.90 478.50 identifying material facts for summary judgment 165.00/hr motion 912612016 DS Worked on Statement of Material Facts for 2.00 330.00 summary judgment motion 165.00/hr IDS Attendance at Angela Edwards' deposition via 1.20 198.00 telephone 165.001hr IDS Attendance at Tiesha Mack's deposition via 0.50 82.50 telephone; She failed to appear 165.00/hr IDS Receipt and review of City of Boynton Beach's 0.40 66.00 Motion to Show Cause and Motion to Compel 165.00/hr IDS Continued working on Statement of Material Facts 0.80 132.00 165.00/hr 9/27/2016 IDS Reviewed various emails re: depositions 0.40 66.00 scheduled September 28, 2016 165.001hr DS Reviewed Plaintiffs deposition transcript and 3.20 528.00 continued working on Statement of Material Facts 165.00/hr IDS Reviewed City of Boynton's supplemental 0.20 33.00 disclosures 165.001hr Page 166 of 482 Julie Oldbury, Director Page 6 rs tAmount _ 9/27/2016 DS Review and preparation for attending Rev. 0.40 66.00 Whitely's deposition 165.00/hr DS Review and preparation for attending Clifford 0.50 82.50 Henfield's deposition 165.00/hr LO Reviewed Dr. Zeide's report and notes re: 2.,00 330.00 Lichtblau's medical record in preparation for 165.00/hr deposition - Dr. Zeide's CME (2.0) 9/28/2016 DS Continued reviewing Plaintiff's deposition transcript 3.60 594.00 165.00/hr DS Receipt and review of Justin Harris' supplemental 0.10 16.50 disclosures 165.00/hr DS Receipt and review of Defendant Ryan's Request 0.10 16.50 for Copies 165.00/hr DS Receipt and review of emails re: deposition 0.10 16.50 cancellations 165.00/hr DS Researched and reviewed online articles and 0.40 66.00 criminal arrests re: witness Henefield 165.00/hr DS Attendance at Rev. Rae Whitely's deposition 1.40 231.00 165.00/hr LO Attended Dr. Zeide's deposition in Boynton (8:00 - 3.00 495.00 11:15) 165.00/hr VO Began analysis and drafting summary of 0.70 115.50 deposition of Craig Lichtblau 165.00/hr 9/29/2016 DS Worked on summary judgment motion 3.00 495.00 165.00/hr DS Review and preparation for attending Chuck 2.30 379.50 Joyner's deposition 165.00/hr Page 167 of 482 Julie Oldbury, Director Pae 7 HrslRate Amount 9/30/2016 DS Worked on summary judgment Statement of 1.80 297.00 Material Facts 165.00/hr DS Attendance at expert Chuck Joyne(s deposition 3.20 528.00 165.00/hr DS Receipt and review of Notice of Taking Sgt, 0.10 16.50 Aiken's video deposition 165.00/hr DS Receipt and review of Motion to Show Cause and 0.50 82.50 Motion to Compel, including exhibits 165.00/hr For professional services rendered 116.30 $19,036.50 Additional Charges : 9/2212016 LO Roberts Reynolds Bedard & Tuzzio, copy of CD 35.00 10/3/2016 LO Matrix Mediation, mediation fee 388.89 Total costs $423.89 Total amount of this bill $19,460.39 Previous balance $30,017.00 9/28/2016 Payment - thank you. Check No. #9279 ($30,017.00) Total payments and adjustments ($30,017.00) Balance due $19,460.39 User Summary Name ours Rate Amount LONNIELL OLDS 7.00 165-00 1,1 MONICA LESTER LEST1.80 80.00 $144.00 Page 168 of 482 Julie Oldbury, Director Name VICTORIA Fed Hours Ra 9.20 165.00 RE.&TOMMUMI M10 im- Page 169 of 482 Page 170 of 482 j tY® t' LF n` 5 vj 1 t.. T • eco 1g°.� � A � � • � t. -. C QQ��.( LH O 1.' I Page 170 of 482 0 e ROBERTS, REYNOLDS, ]RUT T, A W 'Y P. R S Celebrating 30 Years of Excellence LAURA E. BEDARD PARALEGALS DANNA P. CLEMENT GEORGE P. ROBERTS, JR. KATHRYN L REEVES ABBY J. GOLDMAN Of Counsel SHELLI A. HEALY JENNIFER G. WHITTALL ANDREA G. AMIGO LYMAN H. REYNOLDS, JR. MICHELLE L SMITH Board Certified Civil Trial Lawyer REBECCA K DAVIS JEFFREY W. HURCOMB TIFFANIET. WALLEN STEPHANIE W. KAUFER BENJAMIN L. BEDARD ELLEN KUZNIEWSKI BRITTANY H. JACOBS Board Certified Civil Trial Lawyer JESUS DELAROSA MARGUERITE F. CHARLSON GERARD A. TUZzIO LINDA J. FRIEDMAN NICHOLAS S. MADSEN SHANNON L MARIBONA JASON B. VRBENSKY- 470 COLUMBIA DRIVE - SUITE 0101 Board Certlfled Construction Law WEST PALM BEACH, FL 33409 PLEASE REPLY TO: KRYSTAL KDZMq KEITH R. HEDRICK TELEPHONE(561)638-6560 WEST PALM BEACH VANESTI E. BROWN FACSIMI4.E (561) 688-2343 LINDA M. BERNS MICHAL-ANE MCINTOSH SCOTT A. KANTOR RRBPA.COM ALEX B.C. ERSHOCK September 9, 2016 DON STEPHENS, ESQ. Olds & Stephens, P.A. 312 1111 St. West Palm Beach, FL 33401 Re: Haxis v City of Boynton Beach, et al. Our Pile No.. 16-110 1 CD $35.00 Invoice Total $35.00 Please pay within 30 days of receipt and enclose a copy of this statement with payment. LHR.jr/rkd/mdf WEST PALM BEACH, FL o FT. LAUDERDALE, FL o FT. MYERS, FL a JACKSONVILLE, FL Page 171 of 482 Page 172 of 482 Suite 0rForum e West Palm Beach, FL 33401 M Fax: 561.242.2821 Don Stephens, Esquire Olds 8, Stephens PA 312 1 1 th St West Palm Beach, Florida 33401 MAJOR CREDIT r Phone (561) 832.6814 Fax (561) 832-4766 Claim Pile # Type Tax ID Terms 13.4351949 Due upon receipt Hours Description Rafe Amount BRYON HARRIS VS. CITY OF BOYNTON BEACH, MICHAEL BROWN, MATTHEW MEDEIROS, STEPHEN MAIORINO, RONALD RYAN, JUSTIN HARRIS, CORY HERNY, ALFRED MARTINEZ D 7 Meditation Services of Patrick Massa rendered: OCTOBER 26, 2016 55.5555 388.89 This Invoice for mediation services represents your portion (1/9) of the total hours being billed at the rate of $500.00 per hour. PLEASE PAY INVOICE ON OR BEFORE: OCTOBER 17,2016 PARTIES MAY CALL WITH CREDIT CARD INFORMATION TO RENDER PAYMENT BEFORE THE DAY Of MEDIATION. **THIS INVOICE IS SPLIT BETWEEN 9 PARTIES / THIS IS YOUR PORTION" Thank you for using Matrix Mediation. Please reference invoice number with payment. Total, $388' 89 Customer Payment Policy: All payments must be received by Matrix e l tion,LL . within 30 days of the date of the Invoice. Any payments received after said date will be subject to a late Interest fee of 1 112% per month. The customer shall also be responsible for all attorney's tees, 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 173 of 482 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D,#: 65-0220140 September 12, 2016 Billed Through 08/31/2011 Invoice 54449 / MTB 00291 36025' Julie Oldbury, Director Human Resources and Risk ManagftzkJ City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 3 10 Boynton Beach, FL 33425-031 Regarding: *** FINALINVOICE Fernando Bass vs. City of Boynton Beach, Christo(�iher Crawford and Alex Moreno FOR PROFESSIONAL SERVICES RENDERED. 08/02/2016 MTB Preparation of email correspondence to Tracy DeCarlo 08/02/2016 MTB File review and preparation of email correspondence to City Atty. Jim Cheroff concerning Stipulation for Final Order of Dismissal and status report to court 08/03/2016 MTB File review and preparation of email correspondence to Frank Allen concerning approval of settlement and filing of settlement documents 08/03/2016 MTB File review and preparation of email correspondence to Frank Allen concerning approval of settlement and Stipulation for Final Order of Dismissal 09/03/2016 MTB Preparation. of Stipulation for Final Order of Dismigsal and proposed Final Order of Dismissal 08/03/2016 MTB Preparation of additional emAll correspondence to Frank Allen regardin Stipulation for Final Order of Dismissal 08/03/2016 MTB Receipt and review of email correspondence from, Frank Allen approvir Stipulation for Final Order of Dismissal 08/03/2016 MTB Telephone conference with Lyman Reynolds concerning conference wil Police Chief Jeffrey Katz 08/05/2016 MTB Receipt and review of Order on Joint Stipulation for Dismissal with Prejudice 08/08/2016 MTB Receipt and review of email correspondence from Alex Moreno 08/08/2016 MTB Receipt and review of email correspondence from Alex Moreno regarding status of the case 0.10 0.20 0.30 0.20 0.50 0.10 0.10 0.10 0.10 0.10 0.10 Page 174 of 482 DISBURSEMENTS 08]31+2016 Printing and Imaging Services 6.65 0813112016 PACER Research 26.60 Total Expenses Advanced: — —$': � �327 5 Printing and Imaging $6.65 Services PACER Research $26.60 Total professional services $462.00 Total expenses incurred +$33.25 To Amount Billed $495.25 Less Pre -Paid Applied $0.00 Please Pay this Amount $495.25 Page 175 of 482 Invoice Number 54449 Page 2 08/08/2016 MT -B Preparation of email correspondence to Moreno and Crawford 0,20 concerning Order of Dismissal and release from the Plaintiff 08/08/2016 MTB Receipt and review of email correspondence from Alex Moreno 0.10 08/08/2016 MTB Preparation of email correspondence to Chris Crawford and Alex 0.20 Moreno regarding status of the case and Order of Dismissal 08/09/2016 MTB Telephone conference with Tracy DeCarlo concerning proposed Release 0.10 08/09/2016 MTB Receipt and review of email correspondence ftom Tracy DeCarlo to 0.10 Frank Allen concerning proposed Release 08/09/2016 MM Receipt and review of email correspondence from Atty. Frank Allen to 0.10 Tracy DeCarlo regarding payment of settlement proceeds 08/09/2016 MTB Receipt and review of additional email correspondence from Atty, 0.10 DeCarlo to Frank Allen concerning payment of settlement proceeds 08/09/2016 MTB Receipt and review of additional email correspondence from Frank Allen 0.10 regarding excuse of Release 08/17/2016 MTB Receipt and review of correspondence from Tracy DeCarlo regarding 0.10 settlement check 08/17/2016 MTB Telephone conference with Chris Crawford concerning disposition of the 0.30 case Total Professional Services: $462.00 Burke, Michael T. 3.30 140.00 $462.00 DISBURSEMENTS 08]31+2016 Printing and Imaging Services 6.65 0813112016 PACER Research 26.60 Total Expenses Advanced: — —$': � �327 5 Printing and Imaging $6.65 Services PACER Research $26.60 Total professional services $462.00 Total expenses incurred +$33.25 To Amount Billed $495.25 Less Pre -Paid Applied $0.00 Please Pay this Amount $495.25 Page 175 of 482 Johnson, Ansehno, Murdoch, Burke, Piper& Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 Billed Through 08/31/2016 Invoice 54448 / MTB 00281 35522 Julie Oldbury, Director 4f �11 16MM City of Boynton Beach 100 E. Boynton Beach Blvd. R0. Box 310 Boynton Beach, FL 33425-031 Regarding: Jonathan Vanl,7w'se Dunn I 1 0 0 0 Z 08/04/2016 MTB Receipt and review of Order to Show Cause 0.10 08/05/2016 MTB. Preparation of correspondence to Officer Munro 0.30 08/09/2016 MTB Telephone conference with Tracy DeCarlo regarding deposition of 0.10 Plaintiff Dunn 08/17/2016 MTB Receipt and review of Order Granting Defendant's Motion to Compel 0.30 Plaintiffs Response to Discovery 08/17/2016 MTB Receipt and review of Certificate of Non -Appearance of Jonathan Dunn 0.10 at deposition Total Professional Services: $12600 Burke, Michael T. 0.90 140.00 $126.00 DISBURSEMENTS 09j3112016 Printing and Imaging Services 0.35 Total Expenses Advanced: SO -31,5; Printing and Imaging $0.35 Services Total professional services $126.00 Page 176 of 482 Please Pay this Amount Invoice Number 54448 Page 2 +$0.35 $126.35 $0.00 $126.35 Page 177 of 482 470 Columbia ! West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax IR No. 65-0004867 City of Boynton Beach September 23, 2016 Attn: Julie Oldbury Bill No. 35137 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Freeman v. Boynton Beach 16133 Claim: NIA BILL FOR FEES AND COSTS THROUGH 08/31/16 -• a Date Services Attorney Hours 08/04/16 Preparation of Notice of Taking Video Deposition of Luann DPC 0.10 Freeman, Brett Rowley and Matt Rounds. 08/04/16 Preparation of Correspondence to Julie Oldbury re: depositions DPC 0.30 of Luann Freeman, Matt Rounds, Brett Rowley, Nasim Davis. 08/05/16 Receipt and review of Correspondence from Steve Logan to DPC 0.30 Tracey DeCarlo re: discovery issues and responses. 08/18/16 Preparation of Re -Notice of Taking Video Deposition of Luann DPC 0.10 Freeman, Brett Rowley and Matt Rounds. 08/19/16 Preparation of Correspondence to Nasim Davis re: deposition DPC 0.30 and pre -deposition meeting. Code Name Hours Rate Amount DPC Danna P. Clement, Partner 1.10 165.00 181.50 Total Professional Services 1.10 $181.50 Page 178 of 482 Client: City of Boynton Beach Matter: 16133 - Freeman v. Boynton Beach Payments & Adjustments: Page 179 of 482 Please return this page with remittanc.-V to Roberts, Reynolds, Bedard ► • PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Date: September 23, 2016 Client Code: 032 Client Name: City of Boynton Beach Mafter Code: 16133 Matter Name: Freeman v. Boynton Beach Total Professional Services 181.50 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 181.60 Balance Forward: 181.50 Payments & Adjustments: -0.00 Total Due: $ 363.00 Past Due Balance 181.50 TOTAL AMOUNT DUE $36100 Page 180 of 482 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach September 23, 2016 Attn: Julie Oldbury Bill No. 35135 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Andrews v. Haugh et al. 12152 Claim # NIA ILL FOR FEES AND COSTS THROUGH 08/31/16 -,o Date Services Attorney Hours 08/04/16 Research of file to determine current status in support of CBB KLR 0.20 audit letter. 08/19/16 Correspondence to Alpha Reporting r: transcript of James DPC 0.10 Cooney. 08/19/16 Review/Analyze James Cooney deposition transcript and DPC 0.50 exhibits. 08/19/16 Correspondence to Debbie re: deposition transcript of James DPC 0.10 Cooney. PROFESSIONAL I SUMMARY Code Name Hours Rate Amount DPC Danna P. Clement, Partner 0.70 165.00 115.50 KLR Kathryn L. Reeves, Paralegal 0.20 80.00 16.00 Total Professional Services 0.90 Page 181 of 482 Client: City of Boynton Beach Matter: 12152 - Andrews v. Haugh et al. 'COURRENT BILL TOTAL AMOUNT DUE E Payments & Adjustments: Total Due: Page 2 131.60 159,50 -0.00 291.00 Page 182 of 482 to 1 Columbia- 1 West Palm Beach, Florida ' 1` Bill Number: 35135 Bill Date: .2016 Client Code: Client Name: City of Boynton Code:Matter Name: Andrews v. HaughMatter Total Professional Services Total Disbursements Balance Forward: Payments & Adjustments: TotalDue; Past Due Balance 131.50 1 1I 131.50 159.50 159.50 Page 183 of 482 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach Attn: Julie Oldbury P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Kimsey v. Boynton Beach & Brooks Claim #NIA BILL FOR FEES AND COSTS THROUGH 08/31/16 Date Services 08/04/16 Research of file to determine current status in support of CBB audit letter. PROFESSIONALI SUMMARY Code Name KLR Kathryn L. Reeves, Paralegal Total Professional Services Balance Forward: Payments & Adjustments: Total Due: September 23, 2016 Bill No. 35136 032 12364 Attorney Hours KLR 0.30 Hours Rate Amount 0.30 80.00 24.00 0.30 66.00 $ 24.00 Page 184 of 482 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Date: September 23, 2016 Client Code: 032 Client. Name: City of Boynton Beach Matter Code: 12364 Matter Name.- Kimsey v. Boynton Beach & Brookw Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 24.00 0.00 Page 185 of 482 Johnson, AnS Murdoch, Burke, IP Pi er & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.DA 65-0220140 September 12, 2016 Billed Through 08/31/2016 Invoice 54447 / MTB 00281 35463 Julie Oldbury, Director Dire o r City of Boyntn Beach 3 100 E. Boynton Beach Blvd. P.0, Box 3 10 Boynton Beach, FL 33425-031 Regarding: s. Ci 110 08/03/2016 MTB Preparation of email correspondence to Chief Katz regarding upcoming 0.20 hewing on Motions to Dismiss 08/03/2016 MTB Receipt and review of email correspondence from Chief Katz concerning 0.10 upcoming hearing on Motions to Dismiss 08/03/2016 )MM Study file; prepare for pre -deposition meeting with police chief Katz and 4,50 Lyman Reynolds; analyze video 08/0412016 MTB Receipt and review of Order Specially Setting Hearing 0.30 To Professional Services: $624.00 Martinez, J. IMaivos 4.50 120.00 $540.00 Burke, Michael T. 0.60 140.00 $84.00 DISBURSEMENTS 0813112016 Printing and Imaging Services 1.40 1WWM NTWIt"At - M= I $624,00 $1.40 Page 186 of 482 ffl��l - 0 �,Tfl Please Pay this Amount Invoice Number 54447 Pap 2 +$1,40 $625.40 $0.00 $625.40 Page 187 of 482 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 September 12,2016 Billed Through 08/31/2016 Invoice 54444 / MTB 00281 30233 Julie Oldbury, Director 'rector T 3 City of Boynton Beach 100 E, Boynton Beach Blvd. P.0, Box 310 Boynton Beach, FL 33425-031 Regarding: Sharon Tasha Ford vs. City of Boynton Beach, Robert Kellman, Ricky Lauture and Russell Faire FOR PROFESSIONAL SERVICES RENDERED: 08/04/2016 MTB File review and preparation of audit inquiry response 0.30 Total Professional Services: $42.00 Burke, Michael T. 0.30 140.00 $42.00 DIM4 4M1AMXhW'-- Total professional services 1 $42.00 Total Amount Billed $42.00 Less Pre -Paid Applied $0.00 ?lease Pay this Amount $42.00 Page 188 of 482 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax LDA 65-0220140 September 12, 2016 Billed Through 08/31/2016 Invoice 54450 / MTB 00281 36024 Julie Oldbury, Director City of Boynton Beach 100 E. Boynton Beach Blvd, P.O. Box 310 Boynton Beach, FL 33425-031 Regarding: Byron L. Harris, Jr. vs. Cityof Boynton Beach, Michael Brown, Matthew Medeiros, Stephen Maiorino, Ronald Ryan, Justin Harris and Cory Henry FOR PROFESSIONAL SERVICES RENDERED - 08/01/2016 MTB Preparation for and attendance at office conference with Officer Michael 3.50 Brown and Atty. Thomas Gano in preparation for Brown's upcoming videotaped deposition 08/01/2016 MTB Receipt and review of Plaintiff s Notice of Taking the Videotaped 0.20 Deposition of Mike Brown 08/0112016 MTB Receipt and review of Plaintiff s Notice of Taking the Videotaped 0.20 Deposition of Ron Ryan 08/01/2016 MTB Receipt and review of Plaintiff s Notice of Taking, the Videotaped 0,20 Deposition of Matthew MedeTios 08/01/2016 MTB Receipt and review of Plaintiff s Notice of Taking the Videotaped 0,20 Deposition of Steve Maiorino 08/01/2016 MTB Receipt and review of Plaintiffs Notice of Taking the Videotaped 0.20 Deposition of Justin Harris 08/01/2016 MTB Receipt and review of Plaintiffs Notice of Taking the Videotaped 0.20 Deposition of Alfred Martinez 08/01/2016 MTB Receipt and review of Plaintiffs Notice of Taking the Videotaped 0.20 Deposition of Corey Henry 08/01/2016 MTB Preparation of correspondence to Mike Brown regarding discovery 0.30 &positions of other co-Defendauts 08/01/2016 LT Prepare and produce photos provided by client for upcoming deposition 4.00 of Michael Brown 18/02/2016 MTB Telephone conference with Mike Brown 0.30 Page 189 of 482 lavoice Aumber 54450 Page 2 Page 190 of 482 2 ► "0 K497=a7i =#EFfXiIIIMirTNWV Page 190 of 482 Invoice Number 54450 Page 3 Page 191 of 482 I I I w 01 • R If. Ile Page 191 of 482 Invoice Nwnber 54450 Page 4 Page 192 of 482 0 1=4 STOT, M- MOM , I Page 192 of 482 Invoice Number 54451 Page 5 Page 193 of 482 IN 111111,10,11 Page 193 of 482 Invoice Number 54450 Page 6 08/18/2016 LT Receive, review and index depositon transcript of Michael Brown. 2.00 Prepare and produce errata letter andsheet. Prepare and producc letter to attorney Gano attaching a copy of the deposition transcript 08/19/2016 MTBI Receipt and review of Notice of Taking Deposition of Justin Roth Harris 0.20 09/19/2016 MTI3 Receipt and review of Amended Notice of Taking Video Deposition 0.20 Duccs Tecum of Captain Joseph DeGuilio 08/19/2016 MTB Receipt and review of Notice of Taking Deposition Duces Tecum of 0.20 Charles Ramos 08/19/2016 MTB Receipt and review of Plaintiffs Second request for Production to City of 0.30 Boynton Beach 08/19/2016 M`TB. Receipt and review of Notice of Taking Deposition of. Cory Emmanuel -0.20 Gray 09/19/2016 MTB Receipt and review of Notice of Taking Deposition Duces Tecum of 0.20 Cynthia Rivera 08/19/2016 JMM Multiple telephone conferences with Tom Ganno, Esq., regarding 0.50 Plaintiff, Harris's deposition 08/19/2016 JMM Follow up telephone conference with Tom Ganno, Esq., regarding Lake 0.30 Worth records regarding Plaintiffs arrest 08/19/2016 JMM Prepare public records request to City of Lake Worth regarding Plaintiffs 0.30 July 2007 arrest 08/19/2016 JMM Review email correspondence from court reporter enclosing transcripts 0.30 of officers Matt Medeiros, Ron Ryan, and Steve Maiorino 08/21/2016 MTB File review and preparation of email correspondence to Michael Brown, 0.70 and his personal criminal attorney Tom Gano conceming status of the case 08/22/2016 MTB Receipt and review of email correspondence from criminal defense 0.20 attorney Tom Gano concerning 2007 arrest of Harris 08/22/2016 MTB, Receipt and review of additional email correspondence from Atty. Tom 0.30 Gano concerning testimony of Plaintiff Byron Harris and interaction between Harris and i. 08/22/2016 MTB File review and -preparation of email correspondence to Atty, Gano 0.20 concerning discovery issues 08/22/2016 MTB Receipt and review of additional email correspondence from Atty. Tom 0.20 Gano regarding Lake Worth arrest of Plaintiff Harris 08/22/2016 MTB Receipt and review of of Re -Notice of Taking deposition of Officer 0,20 Martinez 08/22/2016 MTB Receipt and review of Plaintiffs Third Request for Production directed to 0. the City of Boynton Beach 08/22/2016 MTB Receipt and review of City of Boynton Beach's Second Renotice of 0.1 Taking the Deposition of Craig Lichtlow 09/22/2016 MTB Review of deposition of Ron Ryan and email correspondence to client 0 50 concerning same 09/22/2016 JMM Study file regarding deposition of Officer Alfred Martinez 071 1 Page 194 of 482 Invoice Number 54451 Page 7 Page 195 of 482 I ;d4 Page 195 of 482 Invoice Number 54450 Page 8 M6/2016 MTB Preparation for, travel to, attendance at and return for the deposition of 6.54 Page 196 of 482 Z 01 �Hn; Page 196 of 482 Invoice Number 54450 Page 9 08/29/2016 LT Receive and review video of FBI statements of J. Williams, B. Harris 3.50 and J. well 08/30/2016 MTB Receipt and review of email correspondence from Candice Waterman 0.10 concerning deposition of Leah Devery 08/30/2016 JMM Pre pam for deposition of Palm Beach County Sheriff Cory Gray 0.50 08130/2016 JMM Study preliminary comprehensive rehabilitation evaluation of plaintiff 2.80 performed by Dr, Craig Lichtblau. 08/30/2016 JMM Multiple correspondences with Attorney Gary Oldehoff regarding 0.30 deposition of Dr. Lichtblau 08/30/2016 JMM Prepare for and attend depositions of Justin Harris and Captain Joseph 6.50 DeGuilio in Palm Beach 08/30/2016 JMM Continued preparation for and attend deposition of Dr. Lichtblau 4.20 08/30/2016 JMM Prepare memorandum to file regarding testimony of Dr. Lichtblau 0.50 08/31/2016 MTB Preparation for the deposition of Jeffrey Braswell including review of 1.20 video statement taken by the FBI 08/31/2016 MTB Receipt and review of Notice of Taking Deposition of Charlene Edwards 0.10 08/31/2016 MTB Receipt and review of Notice of Taking Deposition of Ashley Hill 0.10 08/3112016 MTB Internet research research regarding criminal convictions of Jeffrey 0.80 Braswell including review of official records of Palm Beach County concerning recorded criminal convictions and judgments 08/31/2016 MTI3 Receipt and review of email correspondence from Atty. Tom Gano 0.30 concerning upcoming depositions of Jeff Braswell and Ashley Hill 08/31/2016 MTB Preparation of email to Atty, Gano concerning upcoming depositions of 0.10 Braswell and Hill 08/31/2016 MTB Receipt and review of email correspondence from defense counsel 0.30 concerning police practices expert 08/31/2016 JMM Prepare for deposition of Charles Edwards 0.50 08/31/2016 JMM Prepare for and attend deposition of PBSO deputy Cory Emanuel Gray 3.10 08/31/2016 LT Prepare and produce material for upcoming depositions 1.50 Total Professional Services, $19,815,50 Martinez, J. Marcos 68.60 120.00 $9,232.00 Tucci, Lisa 34.50 75.00 $2,587.50 Burke, Michael T. 64.00 140.00 $8,960.00 Johnson IV, W. Hampton 0.30 120.00 $36,00 DISBURSEMENTS 0811512016 Federal Express; Invoice # 550703252; Express Mail to Michael Brown, 11.29 Lake Worth, FL 0812312016 Fee for (1) CD for Depositions for Our Files 15.00 Page 197 of 482 Invoice Number 54450 Page 10 0 016 Michael T. Burke; Invoice # 08/24/2016; Parking Charges at West Palm Beach for Depositions 08P9[2016 J. Marcos Martinez; Invoice # 08/23/2016; Parking Charges at Deposition of Stephanie Slater and Officer Martin- 0831+2016 e 0831R016 PACER Research ai search s Services Express Mail Fee PACER Rescarch Parking Charges Total professional services $19,815.50 Total expenses incurred +$939,84 To Amount Billed $20,755.34 Less Pre -Paid Applied $0.00 Please Pay this Amount $20,755.34 4.00 8.00 901.25 0.30 $939,84 $901.25 $1119 $15.00 $0.30 $12.00 Page 198 of 482 ROBERTS,i D' 1 Columbia1 West Palm Beach, Florida 33409 TeIephone(561)688-6560 Tax ID No. 65-000 4867 City of Boynton Beach September 13, 2016 Attn: Julie Oldbury Bill No. 34949 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 08/31/16 Date Services Attorney Hours 08/01/16 Correspondence to Julie Oldbury City of Baynton Beach and LHR 0.30 James Cherof City attorney re: City's Answer and Affirmative Defenses to Plaintiffs Complaint. 08/01/16 First telephone conference with Jim Cherof City attorney re: LHR 0.30 City's Answer to Plaintiffs Complaint. 08/01/16 Second telephone conference with Jim Cherof City attorney re: NSM 0.30 City's Answer to Plaintiffs Complaint. 08/01/16 Third telephone conference with Jim Cherof City attorney re: LHR 0.20 City's Answer to Plaintiffs Complaint. 08/01/16 Receipt and review of e-mail from Michael Burke re: status of LHR 0.20 Plaintiffs deposition. 08/01/16 Preparation of email response to Michael Burke re: status of LHR 0.20 Plaintiffs deposition. 08/01/16 Receipt and review of second e-mail from Michael Burke re: LHR 0.20 status of Plaintiffs deposition. 08/01/16 Preparation of 8 CDs containing responsive documents to City's RKD 2.00 Supplemental Response to Plaintiff, Byron Harris' Request to Produce. 08/01/16 Receipt and review of Defendant Ronald Ryan's Amended LHR 0.40 Answer and Affirmative Defenses to Plaintiffs Complaint. 08/01/16 Receipt and review of Defendant, Matthew Medeiros' Answer to LHR 0.40 Count XVII of Plaintiff, Byron Harris, Jr.'s Complaint. 08/01/16 Receipt and review of Defendant, Justin Harris' Answer and LHR 0.40 Affirmative Defenses to Plaintiffs Complaint. 08/01/16 Receipt and review of Plaintiffs Notice of Taking Video LHR 0.20 Deposition of Pilot Michael Musto. Page 199 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 -Harris v. Boynton Beach Page 2 _e Date Services Attorney Hours 08/01/16 Receipt and review of Plaintiffs Notice of Taking Video LHR 0.20 Deposition of Pilot Byron Karp. 08/01/16 Receipt and review of Plaintiffs Notice of Taking Video LHR 0.20 Deposition of Chief Jeffery Katz. 08/01/16 Receipt and review of Plaintiffs Notice of Taking Video LHR 0.20 Deposition of Officer Alfred Martinez. 08/01/16 Receipt and review of Defendant, Martinez's Amended Answer LHR 0.40 and Affirmative Defenses to Plaintiffs Complaint. 08/01/16 Receipt and review of e-mail from Julia Farkas counsel for LHR 0.20 Plaintiff re: the IA file for Officer Medeiros. 08/01/16 Legal research re: Motion for Leave to depose an incarcerated ABE 1.20 person. 08/01/16 Draft/Revise Motion for Leave to Depose Plaintiff, Byron L. AE 1.40 Harris. 08/01/16 Receipt and review of e-mail from Oscar Marrero counsel for LHR 0.20 Harris re: status of Plaintiff deposition. 08/01/16 Preparation of email response to Oscar Marrero counsel for LHR 0.20 Harris re: status of Plaintiff deposition. 08/01/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Wydler re: status of Notice of Taking Deposition of Plaintiff Byron Harris. 08/01/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 depositions of ER physicians and witnessses. 08/02/16 Receipt and review of second e-mail from City of Boynton LHR 0.20 Beach, Lynn Swanson re: Chief Jeffrey Katz, status of meeting. 08/02/16 Telephone conference with Michael T. Burke, Esq. re: status of LHR 0.20 Request for Copies pursuant to Notice of Production from Non -Party dated May 12, 2016. 08/02/16 Telephone conference with Julie Oldbury re: follow-up on LHR 0.30 proposed Defendant's Supplemental Response to Plaintiffs Request for Production. 08/02/16 Receipt and review of email response from Plaintiffs counsel, LHR 0.20 Julia Farkas, Esq. re: Notice of Taking Deposition of Chief Jeffrey Katz. 08/02/16 Receipt and review of email response from Plaintiffs counsel, LHR 0.20 Linnes Finney, Esq. re: Notice of Taking Deposition of Chief Jeffrey Katz. 08/02/16 Preparation of e-mail to Plaintiffs counsel, Julia Farkas, Esq. LHR 0.20 and Linnes Finney, Esq. re: Chief Jeffrey Katz. 08/02/16 Preparation of final draft of City's Supplemental Response to LHR 0.40 Plaintiff, Byron Harris' Request to Produce. 08/02/16 Preparation of correspondence to Julie Oldbury re: final draft of LHR 0.30 the City's Supplemental Response to Plaintiffs Request for Production. Page 200 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 3 1=10324*4• Date is Attorney Hours 08/02/16 Receipt and review of e-mail from Lynn Swanson City of LHR 0.20 Boynton Beach re: Chief Jeffrey Katz. 08/02/16 Preparation of email response to Lynn Swanson City of LHR 0.20 Boynton Beach re: Chief Jeffrey Katz. 08/02/16 Preparation of Subpoena for Deposition re: Jeffrey Braswell. LHR 0.10 08/02/16 Preparation of Subpoena for Deposition re: Ashley Hill. LHR 0.10 08/02/16 Preparation of Subpoena for Deposition re: Charlene Edwards. LHR 0.10 08/02/16 Preparation of Subpoena for Deposition re: Leah Rebekah LHR 0.10 Devery. 08/02/16 Receipt and review of e-mail from Julie Farkas, Esq. re: status LHR 0.20 of compliance to Defendant, Medeiros' Request for Copies dated March 29, 2016. 08/02/16 Revisions to Defendant's Motion for Leave to Depose Plaintiff. AGA 1.00 08/02/16 Receipt and review of records received from Broward County LHR 1.00 State Attorney's Office pertaining to Jeffrey Braswell, pursuant to public records request. 08/02/16 Preparation of Notice of Compliance to Defendant, Harris' LHR 0.30 Request for Copies dated May 26, 2016. 08/02/16 Preparation of records for Notice of Compliance to Defendant, RKD 1.00 Maiorino's Request for Copies dated June 6, 2016. 08/02/16 Preparation of diagnostic films for Notice of Compliance to RKD 0.70 Defendant, Maiorino's Request for Copies dated June 6, 2016. 08/02/16 Receipt and review of e-mail from Julia Farkas counsel for LHR 0.20 Plaintiff re: the depositions the City plans on taking. 08/02/16 Preparation of email response to Julia Farkas counsel for LHR 0.20 Plaintiff re: the depositions the City plans on taking. 08/02/16 Receipt and review of correspondence from State Attorney's LHR 0.20 Office of the 20th Judicial Circuit re: letter of no records pertaining to Jeffrey Braswell and status of records pertaining to Byron Harris and Ashley Hill. 08/03/16 Preparation of Subpoena for Deposition Duces Tecum re: Dr. LHR 0.10 Brianna Garrett. 08/03/16 Preparation of Subpoena for Deposition Duces Tecum re: Dr. LHR 0.10 Carol Adami. 08/03/16 Preparation of Notice of Taking Deposition re: Leah Rebekah LHR 0.20 Devery. 08/03/16 Preparation of Notice of Taking Deposition re: Charlene LHR 0.20 Edwards. 08/03/16 Preparation of Notice of Taking Deposition re: Ashley Hill. LHR 0.20 08/03/16 Preparation of Notice of Taking Deposition re: Jeffrey Braswell. LHR 0.20 08/03/16 Preparation of Notice of Taking Deposition re: Dr. Carol Adami. LHR 0.20 Page 201 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 4 0 Date Services Attorney Hours 08/03/16 Preparation of Notice of Taking Deposition re: Dr. Brianna LHR 0.20 Garrett. 08/03/16 Correspondence to Linnes Finney counsel for Plaintiff re: AGA 0.30 Defendant's Motion for Leave to Depose Plaintiff. 08/03/16 Receipt and review of e-mail from Linnes Finney Counsel for LHR 0.10 Plaintiff re: executed authorizations for the Florida Department of Corrections. 08/03/16 Receipt and review of executed authorizations for the Florida LHR 0.20 Department of Corrections. 08/03/16 Preparation of e-mail to all counsel re: Notice of Taking LHR 0.20 Depositions re: Leah Devery, Charlene Edwards, Ashley Hill, Jeffrey Braswell, Dr. Carol Adami, Dr. Brianna Garrett. 08/03/16 Receipt and review of Defendant, Ronald Ryan's Request for LHR 0.20 Copies to Defendant, City of Boynton Beach. 08/03/16 Receipt and review of e-mail from Robert Schwartz counsel for LHR 0.20 Ryan re: Defendant, Ronald Ryan's Request for Copies to Defendant, City of Boynton Beach. 08/03/16 Preparation of Notice of Compliance to Defendant, Harris' LHR 0.30 Request for Copies dated May 26, 2016. 08/03/16 Preparation of records for Notice of Compliance to Defendant, RKD 1.00 Harris' Request for Copies dated May 26, 2016. 08/03/16 Preparation of diagnostic films for Notice of Compliance to RKD 0.50 Defendant, Harris' Request for Copies dated May 26, 2016, 08/03/16 Telephone conference with Chief Katz attorney in the Broberg LHR 0.30 case Mr. Michael Burke re: my upcoming predeposition meeting with Chief Katz. 08/03/16 Receipt and review of e-mail from Plaintiffs counsel, Julia LHR 0.10 Farkas, Esq. re: Rule 45 08/03/16 Preparation for trial defense meetings with Sgt. Sedrick Aiken, LHR 2.60 Representative Stephanie Slater, Chief Katz, Sgt. Joseph DeGuilio, Det. Llopis, Capt. Zeller, Maj. Thomas Wallace, Officer Patrick Monteigh, and Representative Cynthia Rivera the next day. 08/03/16 Receipt and review of e-mail from Linnes Finney counsel for LHR 0.20 Plaintiff re: issues with the location of the Plaintiffs deposition and alternative situations. 08/03/16 Preparation of email response to Linnes Finney counsel for LHR 0.20 Plaintiff re: issues with the location of the Plaintiffs deposition and alternative situations. 08/04/16 Receipt and review of e-mail from Julie Oldbury re: approval of LHR 0.10 the City's Supplemental Response to Plaintiff, Byron Harris' Request for Production. 08/04/16 Telephone conference with PBSO re whether the Main AGA 0.30 Detention Center can accommodate Plaintiffs deposition. Page 202 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 5 -* • Date Services ttorne Hours 08/04/16 Correspondence to Palm Beach County Sheriffs Office, AGA 0.30 Lieutenant Taylor re: Byron Harris and whether the Main Detention Center can accommodate Plaintiffs deposition. 08/04/16 Preparation of e-mail to all counsel re: Lieutenant Taylor re: LHR 0.20 Byron Harris's deposition at the Palm Beach County Sheriffs Office. 08/04/16 Receipt and review of e-mail from Robert Okon re: deposition LHR 0.20 of Michael Brown. 08/04/16 Preparation of email response to Robert Okon re: deposition of LHR 0.20 Michael Brown. 08/04/16 Receipt and review of Plaintiffs Amended Notice of Taking the LHR 0.20 Video Deposition duces teucm of Chief Jeffrey Katz. 08/04/16 Receipt and review of Plaintiffs Notice of Taking the Video LHR 0.20 Deposition duces teucm of Captain Joseph DeGuilio. 08/04/16 Receipt and review of Plaintiffs Notice of Taking the Video LHR 0.20 Deposition duces teucm of Major Kelly Harris. 08/04/16 Receipt and review of Plaintiffs Notice of Taking the Video LHR 0.20 Deposition duces teucm of Sergeant Philip Antico. 08/04/16 Receipt and review of e-mail from attorney Don Stephens re: LHR 0.20 date of Chief Katz's deposition was not agreed upon. 08/04/16 Receipt and review of e-mail from attorney Linnes Finney to LHR 0.20 attorney Don Stephens re: date of Chief Katz's deposition was not agreed upon. 08/04/16 Preparation of email response to attorney Don Stephens r: LHR 0.20 date of Chief Katz's deposition was not agreed upon. 08/04/16 Review/Analyze Officer Michael Brown's incident report, use of NSM 1.00 force report, Taser download, and training spreadsheet in preparation for Officer Brown's upcoming deposition. 08/04/16 Preparation of Notice of Compliance to Plaintiff, Harris' Request LHR 0.30 for Copies dated May 18, 2016. 08/04/16 Preparation of records for Notice of Compliance to Plaintiff, RKD 1.00 Harris' Request for Copies dated May 18, 2016, 08/04/16 Preparation of diagnostic films for Notice of Compliance to RKD 0.60 Plaintiff, Harris' Request for Copies dated May 18, 2016. 08/04/16 Receipt and review of e-mail from Robert Schwartz, Esq. re: LHR 0.20 status of compliance to Defendant, Ryan's Request for Copies dated May 20, 2016. 08/04/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.20 Stephens re: issues with deposition of Chief Katz. 08/04/16 Receipt and review of e-mail from Plaintiffs counsel Finney re: LHR 0.20 issues with deposition of Chief Katz and attempting to resolve same. Page 203 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 -Harris v. Boynton Beach Page 6 Date Services Attorney Flours 08/04/16 Preparation of email response to Plaintiffs counsel Finney re: LHR 0.20 issues with deposition of Chief Katz and attempting to resolve same. 08/04/16 Attendance at meetings with Sgt. Sedrick Aiken, Capt. Joseph LHR 10.50 DeGuilio, Public Relations Representative Stephanie Slater, Chief Jeffrey Katz, Det. Llopis, Capt. Zeller, Evidence Officer Chris Munro, Evidence Officer Dan Kline, Maj. Thomas Wallace, Officer Patrick Monteigh, and Officer Cynthia Rivera at City Hall in Boynton Beach, FL. 08/04/16 Receipt and review of e-mail from Don Stephens counsel for LHR 0.20 Defendant Herny re: issues with the deposition of Chief Katz. 08/04/16 Receipt and review of e-mail from Linnes Finney counsel for LHR 0.20 Plaintiff to Don Stephens counsel for Defendant Herny re: issues with the deposition of Chief Katz. 08/04/16 Preparation of e-mail to Linnes Finney counsel for Plaintiff re: LHR 0.20 Chief Katz. 08/05/16 Telephone conference with Chief Katz City of Boynton Beach LHR 0.20 Police Department re: his deposition. 08/05/16 Correspondence to Julie Oldbury re: Defendants Unopposed LHR 0.20 Motion for Leave to Depose Plaintiff Pursuant to FRCP 30(a)(2)(B) with Incorporated Memorandum of Law. 08/05/16 Receipt and review of e-mail from Linnes Finney, Jr., Esq. re: LHR 0.30 executed authorization pertaining to Plaintiff, Byron Harris directed to Reception and Medical Center. 08/05/16 Receipt and review of FARO scans of scene received from LHR 0.70 Boynton Beach Police Department. 08/05/16 Preparation of e-mail to Grey Tesh, Esq., criminal attorney for LHR 0.30 Cynthia Rivera, re: enclosing Audit Details of officers' reports. 08/05/16 Telephone conference with Lt. Taylor PBSO re: status of AGA 0.20 Plaintiffs deposition at the jail. 08/05/16 Receipt and review of Defendant, Medeiros' Request for Copies LHR 0.20 to Defendant, Harris. 08/05/16 Preparation of e-mail to all counsel re: new dates for Chief LHR 0.20 Katz's deposition. 08/05/16 Receipt and review of e-mail from attorney Oscar Marrero LHR 0.20 counsel for Harris re: new dates for Chief Katz's deposition. 08/05/16 Preparation of email response to attorney Oscar Marrero LHR 0.20 counsel for Harris re: new dates for Chief Katz's deposition. 08/05/16 Receipt and review of e-mail from attorney Harriet Lewis LHR 0.20 counsel for Medeiros re: new dates for Chief Katz's deposition. 08/05/16 Receipt and review of e-mail from attorney Michael Burke LHR 0.20 counsel for Brown re: new dates for Chief Katz's deposition. 08/05/16 Receipt and review of e-mail from attorney Don Stephens LHR 0.20 counsel for Herny re: new dates for Chief Katz's deposition. Page 204 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 7 Date Services Attorney Hours 08/05/16 Attendance at Plaintiffs videotaped deposition of Officer NSM 2.90 Michael Brown at US Legal in West Palm Beach, Florida. 08/05/16 Preparation of e-mail to Director of HR & Risk Management, LHR 0.20 Julie Oldbury re: Defendant's Unopposed Motion to Leave to Depose Plaintiff to FRCP 30(a)(2)(B) with Incorporated Memorandum of Law. 08/05/16 Preparation of Notice of Compliance to Defendant, Ryan's LMR 0.30 Request for Copies dated May 20, 2016. 08/05/16 Preparation of records for Notice of Compliance to Defendant, RKD 1.00 Ryan's Request for Copies dated May 20, 2016. 08/05/16 Preparation of diagnostic films for Notice of Compliance to RKD 0.50 Defendant, Ryan's Request for Copies dated May 20, 2016. 08/05/16 Receipt and review of Request for Copies received from LHR 0.20 Defendant, Ryan pursuant to the City's Notice of Production from Non -Party dated May 12, 2016. 08/05/16 Receipt and review of e-mail from Julia Farkas, Esq. re: Notice LHR 0.20 of Compliance to Plaintiff, Byron Harris' Request for Copies. 08/05/16 Preparation of email response to Julia Farkas, Esq. re: Notice LHR 0.20 of Compliance to Plaintiff, Byron Harris' Request for Copies. 08/05/16 Telephone conference with Don Stephens, counsel for NSM 0.20 Defendant Herny, re: unredacted police reports. 08/05/16 Receipt and review of second e-mail from Julia Farkas, Esq., LHR 0.10 re: compliance to Plaintiff, Byron Harris' Request for Copies dated May 18, 2016. 08/05/16 Receipt and review of documents responsive to the City's LHR 0.50 Request for Copies to Defendant, Medeiros dated May 2, 2016 pertaining to Plaintiff, Byron Harris. 08/05/16 Telephone conference with Plaintiffs counsel, Julia Farkas, LHR 0.20 Esq. re: Watch Commander's deniel of releasing Plaintiff Byron Harris for deposition and whether she would agree that this matter should be referred to Magistriate for resolution. 08/05/16 Drafting of supplement to Motion for Leave to Depose Plaintiff ABE 1.10 pursuant to FRCP 30(a)(2)(B). 08/05/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Stephens re: deposition of Chief Katz. 08/05/16 Receipt and review of Plaintiffs Amended Notice of Taking LHR 0.20 Videotaped Deposition Duces Tecum of Officer Matthew Medeiros. 08/05/16 Receipt and review of Plaintiffs Amended Notice of Taking LHR 0.20 Videotaped Deposition Duces Tecum of Stephen Maiorino. 08/05/16 Receipt and review of Plaintiffs Notice of Cancellation of LHR 0.20 Deposition of Chief Jeffrey Katz. Page 205 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 8 Date Services Attorney Hours 08/05/16 Telephone conference with criminal defense attorney Scott LHR 0.50 Richardson re: ongoing investigation by FBI and subpoena to grand jury for Boynton Beach witnesses 08/05/16 Receipt and review of correspondence from Bethesda Memorial LHR 0.20 Hospital re: status of response to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 08/06/16 Receipt and review of extensive unemployment records LHR 3.00 received from Florida Department of Economic Opportunity pertaining to Plaintiff, Byron Harris pursuant to executed authorization. 08/06/16 Review records pertaining to Plaintiff, Byron Harris, received RKD 5.90 from Department of Economic Opportunity (251 pgs), Charlotte County Sheriffs Office(161 pgs), Palm Beach County Clerk of Court County Criminal (22 pgs), DHSMV (4 pgs), Florida Department of Corrections Probation (105 pgs), Delray Beach Police Department (8 pgs), Lantana Police Department (22 pgs), and FDLE (19 pgs), to identify any employers, treating providers, health history information, criminal history information, or any other defense leads. 08/07/16 Receipt and review of e-mail from Co -Defendant's counsel Jolly LHR 0.10 re: deposition of Chief Katz. 08/07/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: deposition of Chief Katz. 08/07/16 Review records pertaining to Plaintiff, Byron Harris, received RKD 5.00 from Palm Beach County Sheriffs Office offense records (300 pgs) and Palm Beach County Sheriffs Office incarceration records (200 pgs) to identify any employers, treating providers, health history information, criminal history information, or any other defense leads. 08/08/16 Receipt and review of e-mail from Det. Ramos to City Paralegal LHR 0.10 Lynn Swanson re: issues with attorney meeting and attempting to resolve same. 08/08/16 Receipt and review of email response from City Paralegal Lynn LHR 0.10 Swanson to Det. Ramos re: issues with attorney meeting and attempting to resolve same. 08/08/16 Receipt and review of second e-mail from Det. Ramos to City LHR 0.10 Paralegal Lynn Swanson re: upcoming attorney meeting. 08/08/16 Receipt and review of Court's executed endorsed Order Setting LHR 0.20 Discovery Hearing on City's Motion for CME by Dr. Zeide and Motion for Leave to Depose Plaintiff Harris. 08/08/16 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed endorsed Order Setting Discovery Hearing on City's Motion for CME by Dr. Zeide and Motion for Leave to Depose Plaintiff Harris. 08/08/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: meeting with Det. Ramos. Page 206 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 9 Date Services ttorn Hours 08/08/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: meeting with Det. Ramos. 08/08/16 Receipt, review and response to Plaintiffs counsel, Julia LHR 0.10 Farkas, Esq. re: Dr. Carol Adami and Dr. Brianna Garrett Subpoenas for Deposition. 08/08/16 Preparation of Defendant, City of Boynton Beach, Discovery AGA 1.40 Memorandum as required by Court Order. 08/08/16 Correspondence to Julie Oldbury re: Defendant, City of AGA 0.20 Boynton Beach's Discovery Memorandum. 08/08/16 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 July 28, 2016. 08/08/16 Correspondence to U.S. Magistrate Judge Dave Lee Brannon AGA 0.30 re: Defendant, City of Boynton Beach's Discovery Memorandum. 08/08/16 Preparation of correspondence to Reception and Medical LHR 0.30 Center re: executed authorizations pertaining to Plaintiff, Byron Harris. 08/08/16 Preparation of Notice of Taking Deposition re: Byron Harris. AGA 0.30 08/08/16 Preparation of Request for Copies pursuant to Defendant, LHR 0.30 Harris' Notice of Production from Non Party dated July 29, 2016. 08/08/16 Preparation of e-mail to U.S. Magistrate Judge Dave Lee AGA 0.20 Brannon and all counsel re: Defendant, City of Boynton Beach's Discovery Memorandum. 08/08/16 Preparation of e-mail to July Oldbury re: Defendant, City of AGA 0.20 Boynton Beach's Discovery Memorandum. 08/08/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.20 Michael Burke re: anticipated upcoming deposition of Plaintiff Harris and potential issues due to Plaintiffs incarceration. 08/08/16 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 May 12, 2016. 08/08/16 Receipt and review of Plaintiffs Disclosure of Experts for Trial LHR 3.20 with attachments thereto (365 pgs). 08/08/16 Correspondence to City Risk Manager Julie Olbury re: NSM 1.50 summary of deposition of Officer Michael Brown. 08/08/16 Review records pertaining to Plaintiff, Byron Harris, received RKD 5.00 from Palm Beach County Clerk of Court Circuit Criminal (500 pgs) to identify any employers, treating providers, health history information, criminal history information, or any other defense leads. 08/08/16 Follow-up telephone conference with Maj. Wallace re: reporting LHR 0.30 protocol. Page 207 of 482 Client: City of Boynton Beach Matter: 16110 - Harris v. Boynton Beach 08/08/16 Preparation for meetings with Raymond Dauta and Det. Toby LHR Athol the next day. 08/08/16 Telephone conference with Linnes Finney counsel for Plaintiff AGA re: whether Plaintiff has any objection to Motion for Physical Examination and any objections to setting hearing before Magistrate Brannon on pending discovery motions including Motion for Leave to Depose Plaintiff. 08/08/16 Telephone conference with Magistrate Brannon re City's AGA Unopposed Motion for Leave to Depose Plaintiff and City's Motion for Physical Examination. 08/09/16 Telephone conference with Chuck Joyner, defense expert, re: RKD Plaintiffs Expert Disclosures. 08/09/16 Telephone conference with City Paralegal Lynn Swanson re: LHR upcoming meetings with Sohn, Rivera, Williams, Eichorst & Garafalo. 08/09/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR re: upcoming meeting with Rob Eichorst. 08/09/16 Preparation of email response to City Paralegal Lynn Swanson LHR re: upcoming meeting with Rob Eichorst. 08/09/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR re: upcoming meeting with Jose Rivera. 08/09/16 Preparation of email response to City Paralegal Lynn Swanson LHR re: upcoming meeting with Jose Rivera. 08/09/16 Correspondence to City Risk Manager Julie Oldbury re: LHR Plaintiffs Disclosure of Experts for Trial. 08/09/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR advising of no objection to our Motion for CME of Plaintiff in attempt to resolve discovery issues for upcoming Magistrate hearing. 08/09/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR acknowledging & confirming no objection to our Motion for CME of Plaintiff and will so advise Magistrate, however, continued need for hearing to obtain Magistrate assistance for Plaintiffs deposition. 0.90 0.30 0.30 0.20 0.10 0.10 0.10 0.10 0.20 0.20 0.20 08/09/16 Draft/Revise City's Supplement to its Motion to Compel the NSM 0.50 Physical Examination of Plaintiff to advise the Court of the agreement of Plaintiffs counsel. 08/09/16 Draft/Revise a proposed agreed order on City's to its Motion to NSM 0.40 Compel the Physical Examination of Plaintiff, as requested by the Court. 08/09/16 Communicate/Other Counsel via telephone with counsel for NSM 0.30 Plaintiff to confirm agreement concerning the date and time of the physical medical examination of Plaintiff. Page 208 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 11 - a + Date Services Attorney Hours 08/09/16 Communicate/Other Counsel via telephone with the assistant to NSM 0.30 Magistrate Brannon concerning the agreement of counsel on City's Motion to Compel the Physical Medical Examination of Plaintiff and the submission of a proposed order granting same. 08/09/16 Preparation of correspondence to defense expert, Chuck LHR 0.20 Joyner re: Plaintiff, Byron Harris' Expert Disclosures for his file and review. 08/09/16 Receipt and review of Defendant Maiorino's Response to LHR 0.60 Plaintiffs First Set of Interrogatories. 08/09/16 Receipt and review of Defendant Maiorino's Response to LHR 0.50 Plaintiffs First Request for Production. 08/09/16 Preparation of CD containing Plaintiff, Byron Harris' Expert RKD 0.50 Disclosures for defense expert, Chuck Joyner's file and review. 08/09/16 Correspondence to Magistrate Brannon re: Defendant City's LHR 0.20 Supplement to Motion for Physical Examination of Plaintff and proposed Agreed Order on same. 08/09/16 Preparation of e-mail to Plaintiffs counsel Finney and Farkas LHR 0.20 re: City's Supplement to Motion for Physical Examination and proposed Agreed Order for review and approval prior to submission to Magistrate today per Magistrate's directives. 08/09/16 Receipt and review of e-mail from Plaintiffs counsel Linnes LHR 0.20 Finney re: proposed revisions to City's proposed Supplement to Motion for Physical Examination and proposed Agreed Order. 08/09/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Linnes Finney re: proposed revisions to City's proposed Supplement to Motion for Physical Examination and proposed Agreed Order and additional input on same. 08/09/16 Preparation of email response to Plaintiffs counsel Linnes LHR 0.20 Finney re: acknowledging his proposed revisions to Supplement to Motion for Physical Examination and advising of no objection to his attendance at CME, however, need for Dr. Zeide to obtain oral history from Plaintiff as we do not provide him with Plaintiffs deposition transcript. 08/09/16 Receipt and review of third email from Plaintiffs counsel Finney LHR 0.20 re: advising he has no objection to Dr. Zeide obtaining oral history from Plaintiff at CME. 08/09/16 Preparation of audit response to Caler, Donten, Levine, Porter LHR 0.20 & Veil, PA pertaining to Plaintiff, Byron Harris. 08/09/16 Preparation of revisions to proposed Agreed Order on City's LHR 0.20 Motion for Physical Examination of Plaintiff. 08/09/16 Correspondence to Plaintiffs counsel Finney re: proposed LHR 0.20 revised Agreed Order on City's Motion for Physical Examination of Plaintiff. Page 209 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 12 -* • Date Services Attorney Hours 08/09/16 Receipt and review of fourth email from Plaintiffs counsel LHR 0.10 Finney re: additional minor revision to proposed Agreed Order on City's Motion for Physical Examination of Plaintiff. 08/09/16 Receipt and review of Plaintiffs Second Amended Notice of LHR 0.20 Taking Video Deposition Duces Tecum of Stephen Maiorino. 08/09/16 Receipt and review of Plaintiffs Second Amended Notice of LHR 0.20 Taking Video Deposition Duces Tecum of Officer Matthew Medeiros. 08/09/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 depositions of Cynthia Rivera, Justin Harris (#820), Det. Charles Ramos, Robin Eichorst, Cory Gray, and Stephanie Slater. 08/09/16 Preparation of e-mail to Plaintiffs counsel Farkas re: LHR 0.20 depositions of Cynthia Rivera, Justin Harris (#820), Det. Charles Ramos, Robin Eichorst, Cory Gray, and Stephanie Slater. 08/09/16 Attendance at meetings with Fleet Maintenance Supervisor LHR 2.60 Raymond Dauta and Det. Toby Athol at City Hall in Boynton Beach, FL. 08/09/16 Preparation for meeting with Officers Sohn, Rivera, Williams, LHR 1.80 Eichorst, and Garafalo the next day. 08/10/16 Telephone conference with Greenacres Police Department re: RKD 0.20 missing report pertaining to Plaintiff, Byron Harris pursuant to public records request. 08/10/16 Preparation of e-mail to Plaintiffs counsel Farkas re: LHR 0.20 depositions of Plaintiffs experts Dr. Craig Lichtblau and Roy Bedard. 08/10/16 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.20 depositions of Cynthia Rivera, Justin Harris (#820), Det. Charles Ramos, Robin Eichorst, Cory Gray, and Stephanie Slater. 08/10/16 Receipt and review of email response from City Paralegal Lynn LHR 0.20 Swanson re: advising Cory Gray and Justin Harris no longer City employees. 08/10/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Chief Katz and her questions concerning same. 08/10/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: deposition of Chief Katz and answering her questions concerning same. 08/10/16 Receipt and review of Plaintiffs Re -Notice of Taking Video LHR 0.20 Deposition Duces Tecum of Chief Jeffrey Katz. 08/10/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Re -Notice of Taking Video Deposition Duces Tecum of Chief Jeffrey Katz. Page 210 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 13 :# +TN_ Date I Attorney Hours 08/10/16 Telephone conference with Palm Beach County Sheriffs Office RKD 0.20 re: missing Offense Reports pertaining to Plaintiff, Byron Harris pursuant to public records request. 08/10/16 Receipt and review of email response from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/10/16 Draft/Revise revisions to Defendant, City of Boynton Beach's AGA 0.40 Supplemental Discovery Memorandum. 08/10/16 Receipt and review of email response from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Det. Charles Ramos. 08/10/16 Correspondence to U.S. Magistrate Judge Dave Lee Brannon AGA 0.20 re: Defendant's Supplemental Discovery Memorandum. 08/10/16 Second telephone conference with Palm Beach County RKD 0.20 Sheriffs Office re: missing Offense Reports pertaining to Plaintiff, Byron Harris pursuant to public records request. 08/10/16 Receipt and review of additional records received from Palm LHR 0.50 Beach County Sheriffs Office pertaining to Plaintiff, Byron Harris. 08/10/16 Receipt and review of e-mail from Palm Beach County Sheriffs LHR 0.10 Office re: additional records pertaining to Plaintiff, Byron Harris pursuant to public records request. 08/10/16 Receipt and review of second e-mail from Palm Beach County LHR 0.10 Sheriffs Office re: additional records pertaining to Plaintiff, Byron Harris pursuant to public records request. 08/10/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LMR 0.20 deposition of Plaintiffs expert Dr. Craig Lichtblau. 08/10/16 Receipt and review of e-mail from Chuck Joyner re: Plaintiffs LHR 0.20 Expert Disclosures. 08/10/16 Plan and Prepare for attendance at the Court ordered hearing NSM 0.70 on City's Motion for Leave to Depose Plaintiff before Magistrate Brannon by reviewing City's Motion and correspondence to the Court and counsel the next day. 08/10/16 Preparation of correspondence to Julie Oldbury re: criminal LHR 3.20 records pertaining to Plaintiff, Byron Harris. 08/10/16 Initial preparation of Supplementary Discovery Memorandum ABE 0.60 re: videotaped deposition to be taken at Jail. 08/10/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 deposition of Plaintiffs expert Dr. Craig Lichtblau and review of his deposition request form & W9 attached thereto. 08/10/16 Preparation for depositions of Defendants Matthew Medeiros, KRH 1.20 Ronald Ryan, and Stephen Maiorino the next day, including reviewing the use of force reports, incident reports, training spread sheets, and their respective interrogatory answers. 08/10/16 Attendance at meeting with Officers Sohn, Rivera, Williams, LHR 6.70 Eichorst, and Garafalo at City Hall in Boynton Beach, FL. Page 211 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 14 • • - Date ice Attorney Hours 08/10/16 Preparation for meetings with Sgt. Antico and Capt. McNevin LHR 0.80 the next day. 08/10/16 Receipt and review of e-mail from Piaintiffs counsel Finney re: LHR 0.20 advising Magistrate is requesting parties conduct deposition of Plaintiff at Federal Courthouse and requesting agreement or objection to same. 08/10/16 Preparation of email response to Plaintiffs counsel Finney re: LHR 0.20 advising no objection to conducting Plaintiffs deposition at Federal Courthouse and advising only pending issue is Sheriffs Office's objections to deposition. 08/10/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Finney re: acknowledging agreement for deposition of Plaintiff at Federal Courthouse and status of resolving all issues concerning deposition. 08/10/16 Preparation of second e-mail response to Plaintiffs counsel LHR 0.20 Finney re: status of resolving all issues concerning deposition of Plaintiff Harris 08/11/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Rob Eichorst. 08/11/16 Preparation of e-mail to Plaintiffs counsel Farkas re: LHR 0.20 depositions of Cynthia Rivera, Justin Haris, Det. Charles Ramos, Robin Eichorst, Cory Gray, and Stephanie Slater. 08/11/16 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.20 request to change City's PWMK re: excessive force policies from Capt. DeGuilio to Sgt. Aiken for upcoming deposition. 08111/16 Telephone conference with Julie Oldbury re: defense expert, RKD 0.20 Dr. Zeide's retainer fee. 08/11/16 Receipt and review of e-mail from Julie Oldbury to Colleen LHR 0.20 Edwards re: defens eexpert, Dr. Michael Zeide's retainer fee. 08/11/16 Telephone conference with Plaintiffs counsel Farkas re: LHR 0.20 depositions of Plaintiffs experts Dr. Craig Lichtblau and Roy Bedard. 08/11/16 Preparation of Notice of Taking Deposition Duces Tecum of Dr. LHR 0.20 Craig Lichtblau. 08/11/16 Preparation of Subpoena for Deposition Duces Tecum of Dr. LHR 0.20 Craig Lichtblau. 08/11/16 Preparation of correspondence to Julie Oldbury re. work LHR 3.60 related, incarceration, and medical records summary pertaining to Plaintiff, Byron Harris. 08/11/16 Correspondence to City Risk Manager Julie Oldbury re: Notice LHR 0.20 of Taking Deposition Duces Tecum of Dr. Craig Lichtblau and requesting fee for same. 08/11/16 Preparation of City Paralegal Lynn Swanson re: need for LHR 0.10 additional pre -deposition meeting with Capt. DeGuillo concerning use of force policies. Page 212 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 15 Date Services A orney Hours 08/11/16 Attendance at Court ordered discovery hearing before NSM 1.90 Magistrate Brannon at the United States District Courthouse in West Palm Beach, Florida re: City's Motion to Compel Plaintiffs videotaped deposition. 08/11/16 Receipt and review of e-mail from USDC Clerk re: minute entry LHR docketed for discovery hearing. 08/11/16 Appear For/Attend Attendance at Plaintiffs depositions of KRH Defendants Ronald Ryan, Matthew Medeiros, and Stephen Maiorino at the offices of US Legal Support in West Palm Beach, Florida. 08/11/16 Attendance at meetings with Sgt. Antico and Capt. McNevin at LHR City Hall in Boynton Beach, FL. 08/11/16 Receipt and review of correspondence from C -Defendant's LHR counsel Wydler re: informal request for copies to Defendant City for records received pursuant to our Notice of Production from Non -Party dated July 28. 08/11/16 Receipt and review of tax records received from the IRS LHR pertaining to Plaintiff, Byron Harris pursuant to executed authorization. 08/11/16 Receipt and review of Affidavit of Non Service for Brevard State LHR 0.20 4.70 2.80 0.20 0.50 0.10 Page 213 of 482 Correctional received from Harriet Lewis, Esq. pursuant to Defendant, Medeiros' Notice of Production from Non -Party dated May 20, 2016. 08/11/16 Receipt and review of billing records for Bethesda Hospital East LHR 0.50 received from Harriet Lewis, Esq. pursuant to Defendant, Medeiros' Notice of Production from Non -Party dated May 20, 2016. 08/11/16 Receipt and review of billing records for South County Mental LHR 0.50 Health Center received from Harriet Lewis, Esq. pursuant to Defendant, Medeiros' Notice of Production from Non -Party dated May 20, 2016. 08/11/16 Legal research re: requirements for transportation of an inmate ABE 1.80 from a county detention facility to a federal courthouse for a civil deposition in order to prepare City's proposed order on its Motion for Leave to Depose Plaintiff. 08/11/16 Receipt and review of e-mail from Julie Oldbury re: confirming LHR 0.10 status of Dr. Zeide's retainer fee check. 08/12/16 Telephone conference with Plaintiffs counsel Finney re: issues LHR 0.20 with deposition of Dr. Lichtblau and resolution of same. 08/12/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: pre -deposition meeting with Capt. DeGuilio. 08/12/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: pre -deposition meeting with Capt. DeGuilio. 08/12/16 Preparation of Re -Notice of Taking Deposition of Dr. Craig LHR 0.20 Lichtblau. Page 213 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 16 Date Services my Hours 08/12/16 Receipt and review of e-mail from Co-Defedant's counsel LHR 0.10 Schwartz re: deposition of Chief Katz. 08/12/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Re -Notice of Taking Deposition of Dr. Craig Lichtblau. 08/12/16 Research Legal Research re: whether facts that are elicited at ABE 2.20 criminal trial are admissable as proven/admissions of opponent in civil trial. 08/12/16 Communicate/Other External telephone conference with NSM 0.30 Lieutenant Wildgoose at the Palm Beach County Main Detention Center concerning the transport of Plaintiff for his deposition. 08/12/16 Communicate/Other External second telephone conference NSM 0.30 with Lieutenant Wildgoose at the Palm Beach County Main Detention Center concerning the transport of Plaintiff for his deposition. 08/12/16 Communicate/Other External telephone conference with Juna NSM 0.30 Thomas, section manager for inmate management, at the Palm Beach County Main Detention Center concerning the transport of Plaintiff for his deposition. 08/12/16 Communicate/Other External telephone conference with the NSM 0.30 Clerk of Courts concerning the language required for the Order setting the deposition of Plaintiff at the United States Federal Courthouse. 08/12/16 Draft/Revise the proposed Order granting City's Motion for NSM 0.60 Leave to Depose Plaintiff. 08/12/16 Receipt and review of Court's executed Order Authorizing LHR 0.20 Physical Examination of Plaintiff. 08/12/16 Research addresses for sending public records requests to RKD 0.50 Charlotte County Clerk of Court, Hendry County Clerk of Court, Charlotte County Sheriffs Office, Hendry County Sheriffs Office, and the State Attorney's Office for the 20th Judicial Circuit, for records pertaining to Plaintiff, Byron Harris, and passengers, Ashley Hill and Jeffrey Braswell. 08/12/16 Receipt and review of e-mail from Lynn Swanson, City LHR 0.10 Paralegal, re: second pre -deposition meeting with Capt. DeGuilio to discuss use of force policies for his deposition as PWMK on same. 08/12/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: pre -deposition meeting with Asst. Chief Suzanne Crawford. 08/12/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 to Asst. Chief Suzanne Crawford re: her pre -deposition meeting. 08/12/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Cynthia Rivera and need for Plaintiffs counsel to coordinate same through her personal counsel. Page 214 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 17 Date Services Attorney Hours 08/12/16 Receipt and review of e-mail from Asst. Chief Suzanne LHR 0.10 Crawford to City Paralegal Lynn Swanson re: her pre -deposition meeting. 08/12/16 Preparation of e-mail to all counsel re: proposed Agreed Order NSM 0.20 on City's Motion for Leave to Depose Plaintiff for review prior to submission to Court. 08/12/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: upcoming pre -deposition conference with Asst. Chief Suzanne Crawford. 08/12/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: upcoming pre -deposition conference with Capt. Joseph DeGuilio concerning use of force policies. 08/12/16 Receipt and review of e-mail from Co -Defendant's counsel NSM 0.10 Schwartz re: agreement with proposed Order on Motion for Leave to Depose Plaintiff Harris 08/12/16 Receipt and review of email response from Plaintiff's counsel NSM 0.10 Finney re: agreement with proposed Agreed Order on Motion for Leave to Depose Plaintiff Harris 08/12/16 Preparation of email response to Plaintiffs counsel Finney re: NSM 0.10 acknowledging agreement with proposed Agreed Order on Motion for Leave to Depose Plaintiff Harris and will submit to Magistrate Brannon 08/12/16 Preparation of e-mail to Magistrate David Brannon re: proposed NSM 0.20 Order on City's Motion for Leave to Depose Plaintiff Byron Harris pursuant to outcome of discovery hearing concerning same. 08/12/16 Receipt and review of e-mail from City Risk Manager Julie LHR 0.30 Oldbury re: discovery response summary letters by Co -Defendant's counsel Wydler, and review of same. 08/13/16 Organizing and logging in records obtained from Palm Beach RKD 3.00 County Sheriffs Office, Charlotte County Sheriffs Office, Florida Department of Law Enforcement, Florida Department of Corrections, and Palm Beach County Clerk of Court to update Plaintiffs medical and criminal chronology for use at Plaintiffs deposition. 08114116 Review Plaintiffs Complaint, Plaintiffs and Defendant's RKD 4.00 Answers and Responses to discovery requests, accident report, incident reports, incident report audit trails, use of force reports, supervisor's reports, audio and video statements, PBSO video, dispatch recordings, State Attorney's Office filings, policies and procedures, photographs, emails, and Plaintiffs medical and criminal records to prepare exhibits for use at deposition of Plaintiff. 08/15/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 deposition of Cynthia Rivera. Page 215 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 18 Date Services Attorney Hours 08/15/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.10 deposition of Cynthia Rivera and advising Ms. Rivera wants her deposition coordinated through her personal counsel, and providing said information. 08/15/16 Preparation of correspondence to Julie Oldbury re: work related LHR 1.40 records pertaining to Plaintiff, Byron Harris. 08/15/16 Preparation of e-mail to Social Security Administration re: LHR 0.20 status of social security records pertaining to Plaintiff, Byron Harris pursuant to executed authorization. 08/15/16 Receipt and review of correspondence from Lourdes Wydler re: LHR 0.40 Defendant, Harris' Request for Copies pursuant to Defendant, City of Boynton Beach's Notice of Production From Non Party dated July 28, 2016. 08/15/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 questions concerning deposition of Plaintiffs expert Roy Bedard. 08/15/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Co -Defendants' Answers & Affirmative Defenses to Plaintiffs Complaint. 08/15/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.20 deposition of expert Roy Bedard and intention to schedule same as videoconference deposition in Tallahassee at offices of Orange Legal, 08/15/16 Preparation of correspondence to defense expert, Dr. Michael LHR 0.40 Zeide re: medical records pertaining to Plaintiff, Byron Harris in preparation of Plaintiffs CME pursuant to Court Order dated August 12, 2016. 08/15/16 Preparation of medical records pertaining to Plaintiff, Byron RKD 1.50 Harris in preparation of Plaintiffs CME pursuant to Court Order dated August 12, 2016 for defense expert, Dr. Michael Zeide. 08/15/16 Preparation of 2 CD's containing diagnostic films pertaining to RKD 0.80 Plaintiff, Byron Harris for defense expert, Dr. Michael Zelde's review in preparation for CME. 08/15/16 Receipt and review of Court's executed Order Authorizing LHR 0.20 Video Recorded Deposition of Plaintiff Harris. 08/15/16 Preparation of Notice of Taking Videotaped Deposition of NSM 0.70 Plaintiff, Byron Harris, Jr. 08/15/16 Receipt and review of Plaintiffs Notice of Taking Deposition of LHR 0.20 Leif Broberg. 08/15/16 Receipt and review of Plaintiffs Subpoena for Deposition of Leif LHR 0.10 Broberg. 08/15/16 Telephone conference with Juna Thomas PBSO re: Order from NSM 0.20 Court to depose Plaintiff at the Federal Courthouse. 08/15/16 Telephone conference with Judge Rosenberg's JA re: Order NSM 0.20 from Court to depose Plaintiff at the Federal Courthouse. Page 216 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 19 Date Services Attorney Hours 08/15/16 Preparation of public records request to Charlotte County LHR 0.60 Sheriffs Office pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 08/15/16 Preparation of public records request to Hendry County LHR 0.60 Sheriffs Office pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 08/15/16 Receipt and review of extensive email from Plaintfrs counsel LHR 0.30 Farkas re: issues with City's Response to Plaintiffs First Request for Production and discovery issues, and attempting to resolve same. 08/15/16 Preparation for upcoming deposition of Plaintiff Byron Harris, LHR 2.80 reviewing extensive background documentation and discovery. 08/16/16 Correspondence to City Risk Manager Julie Oldbury re. Court's LHR 0.20 Order Authorizing Video Recorded Deposition of Plaintiff. 08/16/16 Telephone conference with Palm Beach County Sheriffs Office RKD 0.20 re: CMF of Plaintiff, Byron Harris. 08/16/16 Telephone conference with Bethesda Memorial Hospital re: RKD 0.20 status of billing records pertaining to Plaintiff, Byron Harris. 08/16/16 Receipt and review of e-mail from Plaintiffs counsel Linnes LHR 0.10 Finney re: deposition of Plaintiffs expert Roy Bedard. 08/16/16 Preparation of e-mail to Harriett Lewis, counsel for A.C. LHR 0.20 Suzanne Crawford in Broberg case, re: upcoming meeting with Asst. Chief Crawford. 08/16/16 Receipt and review of email response from Harriett Lewis, LHR 0.20 counsel for A.C. Suzanne Crawford in Broberg case, re: upcoming meeting with Asst. Chief Crawford. 08/16/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Okon re: issues with deposition of Alfred Martinez and attempting to resolve same. 08/16/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Lewis to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Jolly to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Schwartz to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Stephens to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Receipt and review of second email from Co -Defendant's LHR 0.10 counsel Schwartz to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. Page 217 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 20 Is _ Date isAttorney ours 08/16/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Okon re: issues with deposition of Alfred Martinez and attempting to resolve same. 08/16/16 Preparation of email response to Plaintiffs counsel Finney r: LHR 0.10 deposition of Plaintiffs expert Roy Bedard. 08/16/16 Receipt and review of third email from Co -Defendant's counsel LHR 0.10 Schwartz to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Jolly to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Lewis to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Marrero to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Burke to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Telephone conference with South County Mental Health re: RKD 0.20 medical records pertaining to Plaintiff, Byron Harris. 08/16/16 Preparation of authorization for South County Mental Health RKD 0.30 Center, Inc. pertaining to Plaintiff, Byron Harris for his execution. 08/16/16 Preparation of authorization for psychological records to RKD 0.30 Columbia Hospital pertaining to Plaintiff, Byron Harris for his execution. 08/16/16 Preparation of authorization for medical, billing, and imaging RKD 0.30 records to Columbia Hospital pertaining to Plaintiff, Byron Harris for his execution. 08/16/16 Receipt and review of e-mail from Plaintiffs counsel Julia LHR 0.20 Farkas re: depositions of Rob Eichorst, Cynthia Rivera, Det. Charles Ramos, Stephanie Slater, Officer Patrick Monteith, Jeffrey Williams, and Officer Gary Garafalo. 08/16/16 Telephone conference with Juna Thomas PBSO re: Order on NSM 0.20 the deposition of Plaintiff. 08/16/16 Telephone conference with Juan at US Marshals Service re: NSM 0.20 Order on the deposition of Plaintiff. 08/16/16 Telephone conference with Magistrate Brannon's JA re: Order NSM 0.20 on the deposition of Plaintiff. 08/16/16 Second telephone conference with Magistrate Brannon's JA re: NSM 0.20 Order on the deposition of Plaintiff. 08/16/16 Second telephone conference with Juna Thomas PBSO re: NSM 0.20 Order on the deposition of Plaintiff. Page 218 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 21 =-• • Date Services Attorney Hours 08/16/16 Preparation of public records request to Charlotte County Clerk LHR 0.60 of Court pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 08/16/16 Preparation of public records request to Hendry County Clerk of LHR 0.60 Court pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 08/16/16 Preparation of public records request to State Attorney's Office LHR 0.60 of the 20th Circuit pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 08/16/16 Receipt and review of e-mail from excess carrier Brit adjuster LHR 0.20 Christine O'Brien re: upcoming deposition of Lief Broberg and potential issues and concerns with same. 08/16/16 Preparation of email response to excess carrier Brit adjuster LHR 0.20 Christine O'Brien re: upcoming deposition of Lief Broberg and discussing potential issues and concerns with same. 08/16/16 Receipt and review of second e-mail from excess carrier Brit LHR 0.20 adjuster Christine O'Brien re: upcoming deposition of Lief Broberg and potential issues and concerns with same. 08/16/16 Preparation of second e-mail response to excess carrier Brit LHR 0.20 adjuster Christine O'Brien re: upcoming deposition of Lief Broberg and potential issues and concerns with same. 08/16/16 Receipt and review of e-mail from defense expert, Dr. Michael LHR 0.20 Zeide re: CME of Plaintiff, Byron Harris. 08/16/16 Preparation of email response to defense expert, Dr. Michael LHR 0.20 Zeide re: CME of Plaintiff, Byron Harris. 08/16/16 Receipt and review of second e-mail from defense expert, Dr. LHR 0.10 Michael Zeide re: CME of Plaintiff, Byron Harris. 08/16/16 Receipt and review of Plaintiffs Second Request to Produce to LHR 0.50 City of Boynton Beach. 08/16/16 Receipt and review of Plaintiffs Notice of Taking Deposition LHR 0.20 Duces Tecum of Cynthia Rivera. 08/16/16 Receipt and review of Plaintiffs Subpoena for Deposition Duces LHR 0.10 Tecum of Cynthia Rivera. 08/16/16 Receipt and review of Plaintiffs Cross -Notice of Taking LHR 0.20 Deposition of Dr. Brianna Garrett. 08/16/16 Receipt and review of Plaintiffs Cross -Notice of Taking LHR 0.20 Deposition of Dr. Carol Adami. 08/16/16 Receipt and review of Plaintiffs Cross -Notice of Taking LHR 0.20 Deposition of Leah Rebekah Devery. 08/16/16 Receipt and review of Plaintiffs Cross -Notice of Taking LHR 0.20 Deposition of Jeffrey Braswell. 08/16/16 Receipt and review of Plaintiffs Notice of Taking Deposition LHR 0.20 Duces Tecum of Dr. Maged Habib. Page 219 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 22 =T-014441.1 Date Services orne Hou 08/16/16 Receipt and review of Plaintiffs Subpoena for Deposition Duces LHR 0.10 Tecum of Dr. Maged Habib. 08/16/16 Receipt and review of billing records received from Bethesda LHR 0.50 Memorial Health pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 08/16/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.30 discovery issues and continued attempts to resolve same and need for conference to discuss resolution. 08/16/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Okon re: questions concerning status of our Notice of Depositions of witnesses as only Plaintiffs Cross -Notices received. 08/16/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: questions concerning status of our Notice of Depositions of witnesses as only Plaintiffs Cross -Notices received. 08/16/16 Preparation of email response to Co -Defendant's counsel LHR 0.10 Schwartz re: status of our Notice of Depositions of witnesses and same previously e -served and will check into why not received. 08/16/16 Preparation of email response to Co -Defendant's counsel Okon LHR 0.10 re: status of our Notice of Depositions of witnesses and same previously e -served and will check into why not received. 08/16/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Stephens to Co -Defendant's counsel re: deposition of Alfred Martinez. 08/16/16 Preparation for pre -deposition and pre-trial meetings with City LHR 2.80 of Boynton Beach witnesses Asst. Chief Suzanne Crawford, Capt. Joseph DeGuilio as PWMK concerning use of force, Janet Whooten, Asst. Chief Kelly Harris, Officer Aramis Grigorian, Det. Charles Ramos, and Det. Chris Naulty the next day. 08/17/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Notice of Taking Deposition of Leif Broberg. 08/17/16 Receipt and review of e-mail from Harriett Lewis, Esq. re: LHR 0.10 additional records pursuant to Defendent, Mederiros' Notice of Production From Non -Party dated May 20, 2016. 08/17/16 Preparation of email to Plaintiffs counsel Farkas re: LHR 0.20 depositions of Rob Eichorst, Stephanie Slater, Det. Ramos, Officer Patrick Monteith, Jeffrey Williams, and Officer Gary Garafalo. 08/17/16 Telephone conference with City Paralegal Lynn Swanson re: LHR 0.20 depositions of Rob Eichorst, Stephanie Slater, Det. Ramos, Officer Patrick Monteith, Jeffrey Williams, and Officer Gary Garafalo. Page 220 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 23 • Date isAttorney Hours 08/17/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Stephanie Slater. 08/17/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: deposition of Stephanie Slater. 08/17/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Rob Eichorst. 08/17/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: deposition of Rob Eichorst. 08/17/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/17/16 Preparation of second e-mail response to City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/17/16 Receipt and review of third email from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/17/16 Preparation of third email response to City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/17/16 Receipt and review of fourth email from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/17/16 Preparation of fourth email response to City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/17/16 Preparation of second email to Plaintiffs counsel Farkas re: LHR 0.20 deposition of Stephanie Slater. 08/17/16 Telephone conference with Juna Thomas PBSO re: issues with NSM 0.20 the deposition of Plaintiff Byron Harris. 08/17/16 Telephone conference with Juan US Marshals Service re: NSM 0.20 issues with the deposition of Plaintiff Byron Harris. 08/17/16 Telephone conference with Nora Acosta PBSO re: issues with NSM 0.20 the deposition of Plaintiff Byron Harris. 08/17/16 Telephone conference with David Magistrate Brannon's JA re: NSM 0.20 issues with the deposition of Plaintiff Byron Harris. 08/17/16 Telephone conferences with Sgt. Herrera PBSO re: issues with NSM 0.60 the deposition of Plaintiff Byron Harris. 08/17/16 Receipt and review of Plaintiffs Notice of Taking Deposition of LHR 0.20 Cory Emanuel Gray. 08/17/16 Receipt and review of Plaintiffs Subpoena for Deposition of LHR 0.20 Justin Roth Harris. 08/17/16 Receipt and review of Plaintiffs Notice of Taking Deposition of LHR 0.20 Justin Roth Harris. 08/17/16 Receipt and review of Plaintiffs Notice of Taking Deposition LHR 0.20 Duces Tecum of Det. Charles Ramos. 08/17/16 Receipt and review of Plaintiffs Notice of Taking Deposition LHR 0.20 Duces Tecum of Robin Eichorst. Page 221 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 24 Date Services Attorney Hours 08/17/16 Receipt and review of Plaintiffs Amended Notice of Taking LHR 0.20 Video Deposition Duces Tecum of Capt. Joseph DeGuilio. 08/17/16 Correspondence to City Risk Manager Julie Oldbury re: Notices LHR 0.20 of Taking Depositions of various City and Police Dept. Staff for upcoming depositions. 08/17/16 Receipt and review of email response from Plaintiffs counsel LHR 0.10 Finney re: deposition of Stephanie Slater. 08/17/16 Preparation of Re -Notice of Taking Videotaped Deposition of AGA 0.40 Byron Harris, Jr. 08/17/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 deposition of Plaintiffs expert Roy Bedard. 08/17/16 Telephone conference with Linnes Finney counsel for Plaintiff AGA 0.20 re: issues with Plaintiffs deposition. 08/17/16 Telephone conference with Michael Burke counsel for Brown AGA 0.20 re: issues with Plaintiffs deposition. 08/17/16 Telephone conference with Harriet Lewis counsel for Medeiros AGA 0.20 re: issues with Plaintiffs deposition. 08/17/16 Telephone conference with Bruce Jolly counsel for Maiorino re: AGA 0.20 issues with Plaintiffs deposition. 08/17/16 Telephone conference with Oscar Marrero counsel for AGA 0.20 Defendant Harris re: issues with Plaintiffs deposition. 08/17/16 Telephone conference with Don Stephens counsel Herny re: AGA 0.20 issues with Plaintiffs deposition. 08/17/16 Telephone conference with Robert Okon counsel for Martinez AGA 0.20 re: issues with Plaintiffs deposition. 08/17/16 Telephone conference with Tracey DeCarlo co -counsel for City AGA 0.20 re: issues with Plaintiffs deposition. 08/17/16 Receipt and review of e-mail from Robert Schwartz counsel for AGA 0.20 Ryan re: issues with Plaintiffs deposition. 08/17/16 Preparation of email response to Robert Schwartz counsel for AGA 0.20 Ryan re: issues with Plaintiffs deposition. 08/17/16 Receipt and review of second e-mail from Robert Schwartz AGA 0.20 counsel for Ryan re: issues with Plaintiffs deposition. 08/17/16 Preparation of second email to Robert Schwartz counsel for AGA 0.20 Ryan re: issues with Plaintiffs deposition. 08/17/16 Preparation of e-mail to Sgt. Herrera PBSO re: individuals AGA 0.30 attending the deposition of Plaintiff. 08/17/16 Receipt and review of e-mail from Gloria Hernandez -Moreno AGA 0.20 PBSO re: issues with Plaintiffs deposition. 08/17/16 Receipt and review of e-mail from Sgt. Herrera PBSO re: AGA 0.30 individuals attending the deposition of Plaintiff. 08/17/16 Receipt and review of second e-mail from Sgt. Herrera PBSO AGA 0.30 re: confirming all issues resolved for the deposition of Plaintiff. Page 222 of 482 Client: City of Boynton Beach Matter: 16110 - Harris v. Boynton Beach 08/17/16 Receipt and review of e-mail from Harriet Lewis counsel for Medeiros re: additional issues with Plaintiffs deposition. 08/17/16 Preparation of email response to Harriet Lewis counsel for Medeiros re: additional issues with Plaintiffs deposition. 08/17/16 Receipt and review of second e-mail from Harriet Lewis counsel for Medeiros re: additional issues with Plaintiffs deposition. 08/17/16 Telephone conference with Lt. Taylor PBSO re: issues with videographer attending deposition of Plaintiff. 08/17/16 Second telephone conference with Lt. Taylor PBSO re: issues with videographer attending deposition of Plaintiff. 08/17/16 Receipt and review of e-mail from Linnes Finney, Esq. re: order pertaining to Plaintiff, Byron Harris' transport. 08/17/16 Receipt and review of e-mail from Co -Defendant's counsel Burke to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/17/16 Receipt and review of Plaintiffs Request for Copies to Defendant Harris for records received pursuant to his Notice of Production from Non -Party dated July 29, 2016. 08/17/16 Receipt and review of Plaintiffs Request for Copies to Defendant Harris for records received pursuant to his Notice of Production from Non -Party directed to Florid Dept. Highway Safety & Motor Vehicles dated July 29, 2016. 08/17/16 Receipt and review of e-mail from Co -Defendant's counsel Schwartz re: his questions concerning deposition of Plaintiff Harris and witness depositions. September 13, 2016 0.20 Page 25 Attorney Hours AGA 0.20 AGA 0.20 AGA 0.20 AGA 0.20 AGA 0.20 LHR 0.20 LHR 0.20 LHR 0.20 LHR 0.20 LHR 08/17/16 Preparation of email response to Co -Defendant's counsel LHR Schwartz re: answering his questions concerning deposition of Plaintiff Harris and witness depositions. 08/17/16 Receipt and review of second e-mail from Co -Defendant's LHR counsel Schwartz re: upcoming deposition of Plaintiff Harris and witness depositions. 08/17/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR re: questions concerning Justin Roth Harris and Justin Harris. 08/17/16 Preparation of email response to City Paralegal Lynn Swanson LHR re: answering her questions concerning Justin Roth Harris and Justin Harris. 08/17/16 Receipt and review of second e-mail from City Paralegal Lynn LHR Swanson re: acknowledging answers to her questions concerning Justin Roth Harris and Justin Harris. 0.10 0.10 0.10 0.10 0.10 0.10 08/17/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: her questions concerning deposition of Chief Katz. 08/17/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: answering her questions concerning deposition of Chief Katz. Page 223 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 26 Date isAttorney Hours 08/17/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: questions concerning City employee depositions and if same are being subpoenaed. 08/17/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: answering her questions concerning City employee depositions, advising they have not been subpoenaed and confirming we need her to provide them copies of their respective deposition notices. 08/17/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: acknowledging City employees have not been subpoenaed for deposition and confirming we need her to provide them copies of their respective deposition notices. 08/17/16 Telephone conference with Capt. DeGuilio's criminal defense LHR 0.30 attorney Joanne Baron re: his upcoming testimony before the Federal Grand Jury and need for his testimony in the pending civil matter. 08/17/16 Telephone conference with criminal defense attorney Scott LHR 0.40 Richardson re: upcoming deposition of Byron Harris and anticipated attendance by criminal defense attorneys, and need for coordination of same. 08/17/16 Attendance at pre -deposition and pre-trial meetings with City of LHR 7.40 Boynton Beach witnesses Asst. Chief Suzanne Crawford and her counsel attorney Harriet Lewis, Capt. Joseph DeGuilio, Janet Whooten, Asst. Chief Kelly Harris, Officer Aramis Grigorian, Det. Charles Ramos, and Det. Chris Naulty at City Hall in Boynton Beach, FL. 08/18/16 Receipt and review of e-mail from City Paralegal Lynn Swanson AGA 0.10 re: deposition of Patrick Montieth. 08/18/16 Preparation of email response to City Paralegal Lynn Swanson AGA 0.10 re: deposition of Patrick Montieth. 08/18/16 Preparation of e-mail to Plaintiff's counsel Farkas re: deposition AGA 0.10 of Patrick Monteith. 08/18/16 Receipt and review of email response from Plaintiffs counsel AGA 0.10 Farkas re: deposition of Patrick Monteith. 08/18/16 Telephone conference with City Attorney Tracey DeCarlo re: AGA 0.20 deposition of Byron Harris. 08/18/16 Telephone conference with Plaintiffs counsel Farkas re: issues AGA 0.20 with deposition of Dr. Lichtblau and attempting to resolve same. 08/18/16 Receipt and review of e-mail from Co -Defendant's counsel AGA 0.10 Schwartz re: deposition of Alfred Martinez. 08/18/16 Receipt and review of Plaintiffs Amended Notice of Taking AGA 0.20 Video Deposition Duces Tecum of Pilot Byron Karp. 08/18/16 Receipt and review of Plaintiff's Amended Subpoena for Video AGA 0.10 Deposition Duces Tecum of Pilot Byron Karp. Page 224 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 27 Date Services rey Hours 08/18/16 Preparation of e-mail to Plaintiffs counsel, Julia Farkas, Esq. AGA 0.20 and all Defendant's counsel re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 08/18/16 Receipt and review of email response from Defendant's AGA 0.10 counsel, Bruce Jolly, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 08/18/16 Receipt and review of email response from Defendant's AGA 0.10 counsel, Gary Oldehoff, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 08/18/16 Receipt and review of email response from Defendant's AGA 0.10 counsel, Robert Schwartz, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 08/18/16 Receipt and review of e-mail from City Paralegal Lynn Swanson AGA 0.20 re: deposition of Sgt. Philip Antico and need for his personal counsel to appear for deposition and questions concerning same. 08/18/16 Preparation of email response to City Paralegal Lynn Swanson AGA 0.20 re: deposition of Sgt. Philip Antico and acknowledging need for his personal counsel to appear for deposition and coordination of same. 08/18/16 Receipt and review of email response from Plaintiffs counsel AGA 0.20 Farkas re: deposition of Plaintiffs expert Roy Bedard. 08/18/16 Preparation of second email to Plaintiffs counsel Farkas re: AGA 0.20 deposition of Plaintiffs expert Roy Bedard. 08/18/16 Receipt and review of second email response from Plaintiffs AGA 0.10 counsel Farkas re: deposition of Plaintiffs expert Roy Bedard. 08/18/16 Preparation of third email to Plaintiffs counsel Farkas re: AGA 0.10 deposition of Plaintiffs expert Roy Bedard. 08/18/16 Receipt and review of third email response from Plaintiffs AGA 0.10 counsel Farkas re: deposition of Plaintiffs expert Roy Bedard. 08/18/16 Preparation of fourth email to Plaintiffs counsel Farkas re: AGA 0.10 deposition of Plaintiffs expert Roy Bedard. 08/18/16 Receipt and review of e-mail from City Paralegal Lynn Swanson AGA 0.10 re: questions concerning status of deposition of Officer Alfred Martinez or cancellation of same. 08/18/16 Preparation of second e-mail response to City Paralegal Lynn AGA 0.10 Swanson re: advising of receipt of formal Notice of Cancellation of Deposition of Officer Alfred Martinez . 08/18/16 Receipt and review of second e-mail from City Paralegal Lynn AGA 0.10 Swanson re. acknowledging status of deposition of Officer Alfred Martinez. 08/18/16 Attendance at videotaped deposition of Plaintiff Byron Harris at LHR 11.50 the Palm Beach County Jail in West Palm Beach, FL Page 225 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 28 Date Services Attorney Hours 08/19/16 Correspondence to City Risk Manage Julie Oldbury re: KRH 1.10 summary of depositions of Defendants Ronald Ryan, Matthew Medeiros, and Stephen Maiorino. 08/19/16 Preparation of Cross -Notice Taking Deposition Duces Tecum LHR 0.20 re: Dr. Maged Habib. 08/19/16 Preparation of Cross Notice of Taking Deposition re: Dr. Maged LHR 0.20 Habib. 08/19/16 Preparation of correspondence to Julie Oldbury re: Dr. Maged LHR 0.20 Habib. 08/19/16 Receipt and review of email response from Plaintiffs counsel, LHR 0.20 Julia Farkas, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 08/19/16 Receipt and review of Plaintiffs Re -Notice of Taking Video LHR 0.20 Deposition Duces Tecum of Officer Alfred Martinez. 08/19/16 Preparation of e-mail to City of Boynton Beach, Julie Oldbury LHR 0.20 re: Defendant's Cross Notice fo Taking Deposition re: Dr. Maged Habib. 08/19/16 Receipt and review of Plaintiffs Notice of Taking Video LHR 0.20 Deposition Duces Tecum of Stephanie Slater. 08/19/16 Receipt and review of e-mail from Plaintiffs counsel Julia LHR 0.10 Farkas re: deposition of Stephanie Slater. 08/19/16 Preparation of email response to Plaintiffs counsel Julia Farkas LHR 0.10 re: deposition of Stephanie Slater. 08/19/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Julia Farkas re: deposition of Stephanie Slater. 08/19/16 Extensive telephone conference with Plaintiffs counsel Julia LHR 0.70 Farkas and Linnes Finney re: attempting to resolve Motion to Compel issues. 08/20/16 Extensive telephone conference with Capt. DeGuilio's criminal LHR 0.80 defense attorney Joanne Barrone re: outcome of his grand jury subpoena and his ability to testify in civil case. 08/20/16 Preparation of exhibits for potential use at deposition of Officer RKD 1.80 Cynthia Rivera, former Officer Justin Roth Harris, Officer Patrick Monteith, Officer Jeffrey Williams, and Detective Charles Ramos. 08/21/16 Preparation of exhibits for potential use at deposition of RKD 1.20 Stephanie Slater, Assistant Chief Kelly Harris, and CSI Robin Eichorst. 08/22/16 Telephone conference with Palm Beach County Jail re: CME of NSM 0.20 Plaintiff, Byron Harris. 08/22/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Jeffrey Williams. Page 226 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 29 • Date Services Attorney Hours 08/22/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: deposition of Jeffrey Williams and deposition of Stephanie Slater. 08/22/16 Preparation of e-mail to Plaintiffs counsel Farkas re: deposition LHR 0.10 of Jeffrey Williams. 08/22/16 Receipt and review of email response from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/22/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/22/16 Preparation of e-mail to Plaintiff's counsel Farkas re: deposition LHR 0.10 of Stephanie Slater. 08/22/16 Receipt and review of third email from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/22/16 Preparation of second e-mail response to City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/22/16 Telephone conference with Carolina Luque with City of Boynton AGA 0.30 Beach's IT department re search of City's emails for "Byron Harris", number of hits from search and estimated cost of the same. 08/22/16 Telephone conference with Shayla Ellis of City of Boynton AGA 0.30 Beach re Plaintiffs request for emails with search term "Byron Harris" and estimated cost of the same. 08/22/16 Preparation of Second Re -Notice of Taking Deposition of LHR 0.20 Plaintiffs Expert Dr. Craig Lichtblau. 08/22/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Re -Notice of Taking Video Deposition Duces Tecum of Officer Alfred Martinez, Plaintiffs Notice of Taking Video Deposition of Stephanie Slater, and our Re -Notice of Taking Deposition of Dr. Craig Lichtblau. 08/22/16 Preparation of e-mail to City Paralegal Lynn Swanson re: need LHR 0.10 for additional pre -deposition meeting with Capt. DeGuilio. 08/22/16 Receipt and review of email response from City Paralegal Lynn LHR 0.10 Swanson re: need for additional pre -deposition meeting with Capt. DeGuilio. 08/22/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.20 Schwartz re: questions concerning production of additional State Attorney documentation. 08/22/16 Telephone conference with Capt. DeGuilio re Plaintiffs request AGA 0.30 for emails, estimated cost of production and review and confirming his department will handle review of emails. 08/22/16 Telephone conference with Sgt. Matson re Plaintiffs request for AGA 0.30 production of City's emails using search term "Byron Harris" and estimated cost of review, redaction and production of the same. Page 227 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 30 ze Date is Attorney Hours 08/22/16 Correspondence to Linney Finnes counsel for Plaintiff re AGA 0.30 Plaintiffs request for production of City's emails using search term "Byron Harris" and estimated cost of review, redaction and production of the same. 08/22/16 Telephone conference with Charlotte County Clerk of Court re: NSM 0.30 status of records pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell pursuant to subpoena duces tecum. 08/22/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.30 continued discovery issues and attempting to resolve same. 08/22/16 Receipt and review of Plaintiffs Amended Notice of Taking LHR 0.20 Video Deposition Duces Tecum of Stephanie Slater. 08/22/16 Receipt and review of Plaintiffs Notice of Taking Video LHR 0.20 Deposition Duces Tecum of Jeffrey Williams. 08/22/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Amended Notice of Taking Video Deposition Duces Tecum of Stephanie Slater, and Notice of Taking Video Deposition Duces Tecum of Jeffrey Williams. 08/22/16 Second telephone conference with Charlotte County Clerk of NSM 0.20 Court re: status of records pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell pursuant to subpoena duces tecum. 08/22/16 Preparation of correspondence to defense expert, Dr. Michael LHR 0.40 Zeide re. CME of Plaintiff, Byron Harris pursuant to Court Order dated August 12, 2016. 08/22/16 Second telephone conference with Shayla Ellis of City of AGA 0.30 Boynton Beach re Plaintiffs request for emails with search term "Byron Harris" and estimated cost of the same. 08/22/16 Telephone conference with Hendry County Sheriffs Office re: NSM 0.20 status of records for Byron Harris, Ashley Hill, and Jeffrey Braswell pursuant to public records request. 08/22/16 Preparation of correspondence to all defense counsel re: LHR 0.40 deposition transcript of Officer Michael Brown. 08/22/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.70 previous production of documents pursuant to Plaintiffs Request to Produce to City and discussing discovery issues. 08/22/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Farkas re: continued insistence they have not received photographs we produced and upcoming conference to discuss case. 08/22/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Wydler re: need for records of Dr. Stephanie Slater for upcoming deposition as none in their possession. 08/22/16 Preparation of email response to Co -Defendant's counsel LHR 0.10 Wydler re: advising Stephanie Slater is not a physician and is City employee, therefore no records to produce. Page 228 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 31 Date e ices Attorney Hours 08/22/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Wydler re: acknowledging Stephanie Slater is a City employee and not a treating physician. 08/22/16 Preparation of second e-mail response to Plaintiffs counsel LHR 0.20 Farkas re: acknowledging request for another copy of photographs we produced and upcoming conference to discuss case. 08/22/16 Preparation of e-mail to Plaintiffs counsel Finney re: need for LHR 0.20 Mediation, potential complications with same due to his client being incarcerated, and suggesting Rodney Romano as mediator for this case. 08/22/16 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Linnes Finney re: agreement with need to proceed to Mediation, potential complications due to his client's incarceration, and agreement to Rodney Romano as potential mediator. 08/22/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 advising they have found the photographs previously produced by City as same were misfiled on their end. 08/22/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.20 acknowledging and confirming they have found the photographs previously produced by City. 08/22/16 Receipt and review of Plaintiffs Third Request for Production to LHR 0.50 City of Boynton Beach. 08/22/16 Receipt and review of e-mail from Linnes Finney counsel for AGA 0.30 Plaintiff re: agreement with cost for searching term Byron Harris in City emails and producing same. 08/22/16 Preparation of e-mail to Linnes Finney counsel for Plaintiff re: AGA 0.20 invoice for document production. 08/22/16 Receipt and review of letter of no records received from Hendry LHR 0.20 County Sheriffs Office pertaining to Plaintiff, Byron Harris. 08/22/16 Receipt and review of executed psychological authorization for LHR 0.10 JFK Medical Center by Plaintiff, Byron Harris. 08/22/16 Receipt and review of executed medical authorization for JFK LHR 0.10 Medical Center by Plaintiff, Byron Harris. 08/22/16 Receipt and review of executed authorization for South County LHR 0.10 Mental Health Center by Plaintiff, Byron Harris. 08/22/16 Receipt and review of e-mail from defense expert, Dr. Michael LHR 0.10 Zeide re. CME of Plaintiff, Byron Harris. 08/22/16 Receipt and review of e-mail from Robert Schwartz, Esq. re: LHR 0.20 FBI documents pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell pursuant to public records request. 08/22/16 Extensive telephone conference with expert Chuck Joyner re: LHR 0.70 his initial opinions, his rebuttals to Plaintiffs expert Roy Bedard, and his anticipated report. Page 229 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 32 Date Services Attorney Hours 08/22/16 Extensive telephone conference with Plaintiffs counsel Linnes LHR 0.70 Finney and Julia Farkas re: numerous discovery issues and attempting to resolve same. 08/23/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: additional pre -deposition meeting with Capt. DeGuilio. 08/23/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: additional pre -deposition meeting with Capt. DeGuilio. 08/23/16 Receipt and review of e-mail from Shayla Ellis Boynton Beach AGA 0.20 re: documents requested by Plaintiff. 08/23/16 Preparation of email response to Shayla Ellis Boynton Beach AGA 0.20 re: documents requested by Plaintiff. 08/23/16 Preparation of correspondence to Linnes Finney, Jr., Esq. re: LHR 0.30 records received from Palm Beach County State Attorney's Office pursuant to public records request. 08/23/16 Preparation of e-mail to Plaintiffs counsel Farkas re: LHR 0.20 suggesting she draft proposed Motion to Take More Than 10 Depositions for approval by all parties for filing with the Court. 08/23/16 Preparation of CD for Linnes Finney, Jr., Esq. containing RKD 0.50 records received from Palm Beach County State Attorney's Office pursuant to public records request. 08/23/16 Telephone conference with City Paralegal Lynn Swanson re: LHR 0.10 issues with pre -deposition meeting with Capt. DeGuilio due to being called to trial, and attempting to resolve same. 08/23/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: pre -deposition meeting with Capt. DeGuilio and resolution of issues concerning same. 08/23/16 Preparation of second e-mail response to City Paralegal Lynn LHR 0.10 Swanson re: pre -deposition meeting with Capt. DeGuilio and resolution of issues concerning same. 08/23/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Patrick Monteith and status of notice for same. 08/23/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: deposition of Patrick Monteith and status of notice for same. 08/23/16 Preparation of e-mail to Plaintiffs counsel Farkas re: deposition LHR 0.10 of Patrick Monteith and status of notice for same. 08/23/16 Receipt and review of email response from Plaintiffs counsel, LHR 0.20 Julia Farkas, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 08/23/16 Receipt and review of second e-mail from Plaintiffs counsel, LHR 0.20 Julia Farkas, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 08/23/16 Preparation of e-mail to Plaintiffs counsel, Julia Farkas, Esq. LHR 0.20 and all co -counsel re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. Page 230 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 33 Date Services Attorney Hours 08/23/16 Receipt and review of e-mail from Defendant's counsel, Michael LHR 0.20 Burke, Esq. re: Sargeant Antico and Major Kelly Harris. 08/23/16 Preparation of Notice of Taking Deposition Duces Tecum re: LHR 0.20 Dr. Pierre Dorsainvil. 08/23/16 Preparation of Subpoena for Deposition Duces Tecum re: Dr. LHR 0.10 Pierre Dorsainvil. 08/23/16 Preparation of Subpoena for Deposition Duces Tecum re: Dr. LHR 0.10 Manuel Montes de Oca. 08/23/16 Receipt and review of e-mail from Plaintiffs counsel, Julia LHR 0.20 Farkas, Esq. re: Robin Eichorst. 08/23/16 Preparation of Notice of Taking Deposition Duces Tecum re: LHR 0.20 Dr. Manuel Montes de Oca. 08/23/16 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Farkas re: acknowledging and agreeing with suggestion for Motion for Leave to depose more than 10 individuals. 08/23/16 Attendance at depositions of Stephanie Slater, Public AGA 3.80 Information Officer for BBPD and Co -Defendant Alfred Martinez in West Palm Beach, Florida. 08/23/16 Receipt and review of Plaintiffs Notice of Taking Deposition LHR 0.20 Duces Tecum of Patrick Monteith. 08/23/16 Receipt and review of medical records from Medical Center LHR 0.50 Imaging pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 08/23/16 Receipt and review of letter of no records received from Hendry LHR 0.20 County Clerk of Court pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell pursuant to public records request. 08/23/16 Two telephone conferences with Linnes Finney and Julia LHR 0.40 Farkas, Plaintiffs counsel, re: deposition issues and need for Motion with the Court for resolution of same. 08/24/16 Preparation of Notice of Taking Video Conference Deposition LHR 0.20 Duces Tecum of Roy Bedard. 08/24/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Notice of Taking Deposition Duces Tecum of Patrick Monteith. 08/24/16 Receipt and review of email response from Plaintiffs counsel, LHR 0.20 Julia Farkas, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 08/24/16 Receipt and review of 2nd email from Plaintiffs counsel, Julia LHR 0.20 Farkas, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. Page 231 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 34 Date is Attorney Hours 08/24/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 requesting agreement to shorten time for City to respond to Plaintiffs Third Request to Produce by two days to fall within discovery cutoff, and if agreeable, confirming Plaintiff would also provide responses to any discovery propounded on him this week by any party within discovery cutoff. 08/24/16 Preparation of e-mail to Lynn Swanson City of Boynton Beach AGA 0.20 re: Assistant Chief Kelly Harris and Robin Eichorst. 08/24/16 Receipt and review of e-mail from Lynn Swanson City of AGA 0.20 Boynton Beach re: Assistant Chief Kelly Harris and Robin Eichorst. 08/24/16 Preparation of second email to Lynn Swanson City of Boynton AGA 0.20 Beach re. Sgt. Antico. 08/24/16 Receipt and review of second e-mail from Lynn Swanson City AGA 0.20 of Boynton Beach re: Sgt. Antico. 08/24/16 Preparation of third email to Lynn Swanson City of Boynton AGA 0.20 Beach re: Assistant Chief Kelly Harris and Robin Eichorst. 08/24/16 Receipt and review of third email from Lynn Swanson City of AGA 0.20 Boynton Beach re: Assistant Chief Kelly Harris and Robin Eichorst. 08/24/16 Receipt and review of fourth email from Lynn Swanson City of AGA 0.20 Boynton Beach re: Detective Cynthia Rivera. 08/24116 Receipt and review of fifth email from Lynn Swanson City of AGA 0.20 Boynton Beach re: Detective Ramos. 08/24/16 Preparation of fourth email to Lynn Swanson City of Boynton AGA 0.20 Beach re: Detective Cynthia Rivera and Detective Ramos. 08/24/16 Receipt and review of Defendant Medeiros' Request for Copies LHR 0.20 to Plaintiff for documents produced by City in response to Plaintiffs Second and Third Requests for Production. 08/24/16 Receipt and review of Defendant Medeiros' 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. 08/24/16 Receipt and review of e-mail from Plaintiffs counsel Farkas LHR 0.40 with Plaintiffs proposed Unopposed Motion to Exceed Ten Depositions & Memorandum of Law, and review of same. 08/24/16 Receipt and review of 3rd email from Plaintiffs counsel, Julia LHR 0.20 Farkas, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 08/24/16 Telephone conference with Dr. Manuel Montes de Oca re: LHR 0.20 Byron Harris, Jr. 08/24/16 Telephone conference with Dr. Pierre Dorsainvil r: Byron LHR 0.20 Harris, Jr. 08/24/16 Preparation of email response to Plaintiffs counsel, Julia LHR 0.20 Farkas, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca, status of case. Page 232 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 35 Date Services AttorneyHours 08/24/16 Preparation of correspondence to Julie Oldbury re: Plaintiff, LHR 0.30 Byron Harris' Second and Third Request to Produce to the City of Boynton Beach. 08/24/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.20 acknowledging request for shortening of time for City to respond to Plaintiffs Third Request to Produce, potential issues with same, and status of providing agreement or objection. 08/24/16 Attendance at the deposition of Officer Philip Antico in West AGA 0.50 Palm Beach, Florida. (Officer Antico did not appear for his deposition) 08/24/16 Attendance at the depositions of Assistant Chief Harris and AGA 4.60 Robin Eichorst in West Palm Beach, Florida. 08/25/16 Correspondence to City Risk Manager Julie Oldbury re: Notice LHR 0.20 of Taking Video Conference Deposition Duces Tecum of Plaintiffs Expert Roy Bedard. 08/25/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 deposition of Gary Garafalo. 08/25/16 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.10 deposition of Gary Garafalo. 08/25/16 Receipt and review of email response from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Gary Garafalo. 08/25/16 Preparation of second e-mail response to City Paralegal Lynn LHR 0.10 Swanson re: deposition of Gary Garafalo. 08/25/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 to Officer Gary Garafalo re: his deposition. 08/25/16 Correspondence to Linnes Finney counsel for Plaintiff re: AGA 0.30 Officer Philip Antico's personal attorney. 08/25/16 Preparation of e-mail to Lynn Swanson City of Boynton Beach AGA 0.20 re: Patrick Monteith and Jeffrey Williams. 08/25/16 Receipt and review of e-mail from Lynn Swanson City of AGA 0.20 Boynton Beach re: Patrick Monteith and Jeffrey Williams. 08/25/16 Preparation of e-mail to Plaintiffs counsel Farkas re: advising LHR 0.20 of City's agreement with proposed Motion to Exceed 10 Depositions. 08/25/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Gary Garafalo. 08/25/16 Preparation of third email to City Paralegal Lynn Swanson re: LHR 0.10 deposition of Gary Garafalo. 08/25/16 Preparation of fourth email to City Paralegal Lynn Swanson re: LHR 0.10 deposition of Gary Garafalo and advising Plaintiff has decided not to set at this time. 08/25/16 Telephone conference with Wellington Regional Medical Center RKD 0.20 re: status of radiology records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. Page 233 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 36 PROFESSIONALt Date i Attorney Hours 08/25/16 Second telephone conference with Wellington Regional Medical RKD 0.20 Center re: status of radiology records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 08/25/16 Preparation of correspondence to South County Mental Health LHR 0.30 Center, Inc. re: executed authorization pertaining to Plaintiff, Byron Harris. 08/25/16 Attendance at the deposition of Cynthia Rivera in West Palm AGA 2.70 Beach, Florida. 08/25/16 Receipt and review of e-mail from Lynn Swanson City of AGA 0.20 Boynton Beach re: Patrick Monteith. 08/25/16 Receipt and review of second e-mail from Lynn Swanson City AGA 0.20 of Boynton Beach re: Jeffrey Williams. 08/25/16 Preparation of email response to Lynn Swanson City of AGA 0.20 Boynton Beach re: Jeffrey Williams. 08/25/16 Receipt and review of e-mail from Michael T. Burke, Esq. re: LHR 0.10 Request for Copies pursuant to the City's Notice of Production from Non -Party. 08/25/16 Receipt and review of Defendant, Brown's Request for Copies LHR 0.20 to City of Boynton Beach dated May 18, 2016 pursuant to Notice of Production from Non -Party dated May 12, 2016 not previously received. 08/25/16 Receipt and review of Defendant, Brown's Request for Copies LHR 0.20 to City of Boynton Beach dated August 1, 2016 pursuant to Notice of Production from Non -Party dated July 28, 2016 not previously received. 08/25/16 Preparation of CD containing deposition transcripts for RKD 0.50 Defendants, Maiorino, Medeiros and Ryan for defense expert, Chuck Joyner. 08/25/16 Preparation of correspondence to Chuck Joyner re: deposition LHR 0.30 transcripts for Defendants, Maiorino, Medeiros and Ryan. 08/25/16 Preparation of correspondence to all defense counsel re: LHR 0.30 deposition transcripts for Defendants, Maiorino, Medeiros and Ryan. 08/25/16 Telephone conference with Julie Oldbury, City Risk Manager, LHR 0.30 re: Plaintiffs Motion for Deposition in Excess of Ten and recommendation concerning same. 08/25/16 Receipt and review of Plaintiffs Unopposed Motion to Exceed LHR 0.40 10 Depositions Pursuant to Federal Rule of Civil Procedure 30(a)(2)(A) and Memorandum of Law. 08/25/16 Attendance at the Plaintiffs depositions of Officer Justin Roth AGA 10.20 Harris, Detective Charles Ramos, Officer Patrick Monteith and Officer Jeffrey Williams in West Palm Beach, Florida. 08/26/16 Correspondence to Julie Oldbury City of Boynton Beach re: AGA 1.30 summaries of the depositions of Stephanie Slater and Alfred Martinez. Page 234 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 37 Date Services Attorney Hours 08/26/16 Telephone conference with defense expert, Dr. Michael Zeide RKD 0.20 re: CME of Plaintiff, Byron Harris. 08/26/16 Preparation of e-mail to Plaintiffs counsel Farkas re: LHR 0.20 depositions of Plaintiffs sisters Aisha and Angela. 08/26/16 Preparation of 8 CDs containing deposition transcripts of RKD 2.00 Stephen Maiorino, Matthew Medeiros, Ronald Ryan for all defense counsel. 08/26/16 Telephone conference with Social Security Administration re: RKD 0.20 status of social security records pertaining to Plaintiff, Byron Harris pursuant to executed authorization. 08/26/16 Receipt, review and response to email from Counsel for RKD 0.30 Defendant Justin Harris re: questions pertaining to treating Drs. Garrett and Adami and status of Notice of Compliance to Request for Copies. 08/26/16 Receipt and review of e-mail from Lynn Swanson Boynton AGA 0.20 Beach re: Officer Williams. 08/26/16 Preparation of 8 CD containing deposition transcripts for RKD 0.50 Defendants, Maiorino, Medeiros and Ryan for all defense counsel. 08/26/16 Correspondence to City Risk Manager Julie Oldbury r: LHR 3.30 summary of deposition of Plaintiff Byron Harris 08/26/16 Research addresses for serving subpoenas for Plaintiffs RKD 0.80 records to Burger King, Corizon Health, Delray Fire Rescue, Delray Medical Center, Palm Beach County School District, and Wayne Barton Study Center. 08/26/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 confirmation of agreement not to oppose Plaintiffs Motion for Depositions in Excess of Time. 08/26/16 Preparation of correspondence to State Attorney's Office of the LHR 0.30 20th Circuit re: approval to send response to public records request pertaining to Plaintiff, Byron Harris. 08/26/16 Preparation of USB Drive containing BBPD's inspection of RKD 0.40 Plaintiff's vehicle for Plaintiffs counsel. 08/26/16 Preparation of USB Drive containing FARO scans for RKD 0.90 Defendant Harris' counsel. 08/26/16 Receipt and review of Defendant Brown'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, 08/26/16 Preparation of e-mail to all counsel re: FARO scans. AGA 0.30 08/26/16 Receipt and review of e-mail from Gary K. Oldehoff counsel for AGA 0.20 Mederios re: FARO scans. 08/26/16 Preparation of email response to Gary K. Oldehoff counsel for AGA 0.20 Mederios re: FARO scans. Page 235 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 38 Date Services Attorney Hours 08/26/16 Receipt and review of e-mail from Bruce Jolly counsel for AGA 0.20 Maiorino re: FARO scans. 08/26/16 Telephone conference with Medical Center Imaging re: status RKD 0.20 of billing and diagnostic films pertaining to Byron Harris pursuant to subpoena duces tecum. 08/26/16 Receipt and review of e-mail from Oscar Marrero, Esq. re: LHR 0.10 delivery of records pursuant to City's Notice of Compliance dated August 5, 2016 to Defendant, Justin Harris' Request for Copies. 08/26/16 Preparation of email response to Oscar Marrero, Esq. re: LHR 0.10 delivery of records pursuant to City's Notice of Compliance dated August 5, 2016 to Defendant, Justin Harris' Request for Copies. 08/26/16 Receipt and review of second e-mail from Oscar Marrero, Esq. LHR 0.10 re: delivery of records pursuant to City's Notice of Compliance dated August 5, 2016 to Defendant, Justin Harris' Request for Copies. 08/26/16 Review records pertaining to Plaintiffs passenger, Ashley Hill, RKD 1.80 received from DHSMV (2 pgs), Palm Beach County County Criminal Clerk (2 pgs), Department of Corrections (54 pgs), FDLE (8 pgs), and Palm Beach County Sheriffs Office (105 pgs) to identify any criminal records, felony convictions, or other defense leads. 08/26/16 Receipt and review of email response from Plaintiffs counsel LHR 0.10 Farkas re: advising Mr. Harris' sisters Aisha and Angela will need to be placed under subpoena for deposition. 08/26/16 Preparation of second email to Plaintiffs counsel Farkas re: LHR 0.10 requesting to be advised of last names of Mr. Harris' sisters Aisha and Angela for subpoenaing same for deposition. 08/26/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Farkas re: status of providing proper last names of Mr. Harris' sisters Aisha and Angela for subpoenaing same for deposition. 08/27/16 Review records pertaining to Plaintiffs passenger, Jeffrey RKD 4.10 Braswell, received from Palm Beach County Circuit Criminal Clerk (45 pgs), Palm Beach County County Criminal Clerk (16 pgs), Defray Beach Police Department (35 pgs), DHSMV (5 pgs), Broward Sheriffs Office (10 pgs), Broward County Clerk of Criminal Court (13 pgs), Broward County State Attorney's Office (67 pgs), FDLE (12 pgs), Department of Corrections (2 pgs), Palm Beach County Sheriffs Office (210 pgs) to identify any criminal records, felony convictions, or other defense leads. 08/28/16 Receipt and review of e-mail from Charles Joyner, defense RKD 0.20 expert, re: request for copy of Plaintiffs deposition transcript. 08/28/16 Review of file materials including plaintiffs deposition and AGA 4.50 medical records in preparation for the deposition of Dr. Craig Lichtblau. Page 236 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 39 • Date Services Attorney Hours 08/28/16 Preparation of potential exhibits for use at deposition of Captain RKD 1.80 Deguilio and Chief Katz. 08/29/16 Preparation of correspondence to Linnes Finney, Plaintiffs LHR 0.30 Counsel re: returning USB Drive with BBPD's inspection of vehicle and advising FARO scans need larger USB Drive. 08/29/16 Preparation of correspondence to Oscar Marrero, Defendant LHR 0.30 Harris' Counsel re: returning USB Drive with FARO scans. 08/29/16 Preparation of e-mail to Lynn Swanson re: enclosing RKD 0.30 documents referenced in Plaintiffs Third Request to Produce to City of Boynton Beach. 08/29/16 Telephone conference with Lynn Swanson re: questions RKD 0.20 pertaining to Plaintiffs Third Request to Produce to City of Boynton Beach. 08/29/16 Receipt and review of e-mail from Lynn Swanson City of AGA 0.20 Boynton Beach re: Chief Katz. 08/29/16 Preparation of public records request to Palm Beach County LHR 0.60 Courthouse re: certified copies of case materials pertaining to Plaintiff, Byron Harris. 08/29/16 Preparation of correspondence to defense expert, Chuck LHR 0.30 Joyner re: deposition transcript and video pertaining to Plaintiff, Byron Harris. 08/29/16 Preparation of 4 CD's containing Plaintiff, Byron Harris' LHR 1.00 Answers to Defendant, Harris' Interrogatories and Defendant Maiorino's Answers and Defendant, Maiorino's Answers and Responses to Plaintiffs Interrogatories and Requests for Production. 08/29/16 Receipt and review of tax records received from IRS pertaining LHR 0.50 to Plaintiff, Byron Harris pursuant to executed authorization. 08/29/16 Receipt and review of Court's executed endorsed Order LHR 0.20 granting Plaintiffs Unopposed Motion to Expand Number of Depositions. 08/29/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 deposition of Dr. Lichtblau and status of check for same. 08/29/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.10 deposition of Dr. Lichtblau and status of check for same. 08/29/16 Preparation of e-mail to City Risk Manager Julie Oldbury re: LHR 0.20 status of deposition fee for Dr. Lichtblau. 08/29/16 Two telephone conferences with Sgt. Picciano re: questions RKD 0.30 pertaining to Plaintiffs Second and Third Requests for Production. 08/29/16 Receipt and review of Affidavit of Service for Medical Center LHR 0.10 Imaging pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. Page 237 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 40 Date Services orneHours 08/29/16 Receipt and review of Affidavit of Service for South County LHR 0.10 Mental Health Center pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 08/29/16 Receipt and review of e-mail from Oscar Marrero counsel for AGA 0.20 Defendant, Harris, re: Dr. Craig Lichtblau's report. 08/29/16 Receipt and review of Affidavit of Service for The Geo Group LHR 0.10 pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 08/29/16 Receipt and review of Affidavit of Service for Wellington LHR 0.10 Regional Medical Center pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 08/29/16 Attendance at final pre -deposition conference with Capt. LHR 2.10 DeGuilio as the representative with the most knowledge concerning use of force on behalf of the City of Boynton Beach at City Hall in Boynton Beach, FL. 08/29/16 Receipt and review of e-mail from Shayla Ellis City of Boynton AGA 0.20 Beach re: emails containing the phrase Byron Harris requested by Plaintiff. 08/29/16 Telephone conference with Shayla Ellis City of Boynton Beach AGA 0.20 re: emails containing the phrase Byron Harris requested by Plaintiff. 08/29/16 Receipt and review of e-mail from Co -Defendant's counsel Don LHR 0.10 Stephens re: upcoming deposition of Dr. Craig Lichtblau and requesting copy of expert report. 08/29/16 Preparation of email response to Co -Defendant's counsel Don LHR 0.10 Stephens re: advising Dr. Lichtblau's report was contained within Plaintiffs expert disclosures and no separate report drafted or received. 08/29/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Don Stephens re: acknowledging Dr. Lichtblau's only report to date was contained in Plaintiff's expert disclosures and his having possession of same. 08/29/16 Attendance at deposition of Chief Jeffrey Katz in West Palm AGA 4.00 Beach, Florida. (deposition was not concluded and will be continued at a later date) 08/30/16 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed endorsed Order granting Plaintiffs Unopposed Motion to Expand Number of Depositions. 08/30/16 Receipt and review of Plaintiffs Amended Notice of Taking LHR 0.20 Deposition of Leif Broberg. 08/30/16 Preparation of email response to Oscar Marrero counsel for AGA 0.20 Defendant, Harris, re: Dr. Craig Lichtblau's report. 08/30/16 Receipt and review of e-mail from Oscar Marrero counsel for AGA 0.20 Defendant, Harris, re: Dr. Craig Lichtblau's report. Page 238 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 41 -1AMA&MAT11,03 Date Services r 08/30/16 Receipt and review of Plaintiffs Amended Subpoena for LHR 0.20 Deposition of Leif Broberg. 08/30/16 Receipt and review of Plaintiffs Rule 26(a)(1) Supplemental LHR 0.50 Initial Disclosures for Trial. 08/30/16 Preparation of e-mail to all counsel of record re: Leah Rebekah LHR 0.20 Devery, status of case. 08/30/16 Receipt and review of email response from Defendant's LHR 0.10 counsel, Robert Schwartz, Esq. re: Leah Rebekah Devery. 08/30/16 Preparation of correspondence to Robert Okon, Esq. re: FARO LHR 0.30 scans. 08/30/16 Preparation of correspondence to Gary Oldehoff, Esq. re: LHR 0.30 FARO scans. 08/30/16 Preparation of correspondence to Don Stephens, Esq. re: LHR 0.30 FARO scans. 08/30/16 Preparation of correspondence to Michael Burke, Esq. r: LHR 0.30 FARO scans. 08/30/16 Preparation of 4 USB flash drive containing FARO scans. RKD 3.20 08/30/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Bruce Jolly, Esq. re. Rebekah Leah Devery. 08/30/16 Receipt and review of email response from Defendant's LHR 0.10 counsel, Michael Burke, Esq. re: Rebekah Leah Devery. 08/30/16 Receipt and review of email response from Defendant's LHR 0.10 counsel, Harriet Lewis, Esq. re: Rebekah Leah Devery. 08/30/16 Receipt and review of email response from Defendant's LHR 0.10 counsel, Oscar Marrero, Esq. re: Rebekah Leah Devery. 08/30/16 Receipt, review and response to email from counsel for RKD 0.30 Defendant Harris re. no fire rescue records from Palm Beach County or Boynton Beach. 08/30/16 Receipt and review of correspondence from Charlotte County LHR 0.20 Sheriffs Office re: status of records pertaining to Byron Harris, Ashley Hill, Jeffrey Braswell. 08/30/16 Receipt and review of email response from Defendant's LHR 0.10 counsel, Don Stephens, Esq. re: Rebekah Leah Devery. 08/30/16 Attendance at Plaintiffs videotaped deposition of Officer Justin NSM 2.20 Harris at U.S. Legal court reporting services in West Palm Beach, Florida. 08/30/16 Preparation of email response to Oscar Marrero, Esq. re: status LHR 0.10 of workers' compensation records pertaining to Plaintiff, Byron Harris pursuant to Notice of Compliance dated August 5, 2016. 08/30/16 Receipt and review of e-mail from Oscar Marrero, Esq. re: LHR 0.20 depositions of treating physicians pertaining to Plaintiff, Byron Harris. Page 239 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 42 o Date Services Attorney Hours 08/30/16 Preparation of email response to Oscar Marrero, Esq. re: LHR 0.20 depositions of treating physicians pertaining to Plaintiff, Byron Harris. 08/30/16 Receipt and review of second e-mail from Oscar Marrero, Esq. LHR 0.10 re: status of workers' compensation records pertaining to Plaintiff, Byron Harris pursuant to Notice of Compliance dated August 5, 2016. 08/30/16 Receipt and review of e-mail from Charles Joyner, defense LHR 0.20 expert, re: confirm receipt of deposition transcripts and additional materials for review and opinion. 08/30/16 Receipt, review and response to email from Sgt. Picciano re: RKD 0.30 questions pertaining to Plaintiffs Second and Third Request to Produce to City and providing DropBox link to City's Response to Plaintiffs First Request to Produce. 08/30/16 Receipt and review of correspondence from The Geo Group re: LHR 0.20 redirection of subpoena duces tecum pertaining to Plaintiff, Byron Harris. 08/30/16 Attendance at the deposition of Plaintiffs expert Dr. Craig AGA 3.50 Lichtblau in North Palm Beach, FL. 08/30/16 Attendance at Plaintiffs deposition of Captain DeGuilio in West AGA 2.20 Palm Beach, FL. 08/30/16 Preparation of Statement of Assurance (HIPAA) to School LHR 0.10 District of Palm Beach County pertaining to Byron Harris. 08/30/16 Preparation of Statement of Assurance (HIPAA) to Wayne LHR 0.10 Barton Study Center pertaining to Byron Harris. 08/30/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 School District of Palm Beach County pertaining to Byron Harris. 08/30/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Wayne Barton Study Center pertaining to Byron Harris. 08/30/16 Preparation of subpoena duces tecum directed to School LHR 0.10 District of Palm Beach County pertaining to Byron Harris. 08/30/16 Preparation of subpoena duces tecum directed to Wayne LHR 0.10 Barton Study Center pertaining to Byron Harris. 08/30/16 Preparation of of potential exhibits for use at deposition of RKD 1.80 passengers, Ashley Hill and Jeffrey Braswell, and Plaintiffs mother Charlene Edwards. 08/31/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Amended Notice of Taking Deposition of Leif Broberg and Supplemental Initial Disclosures. 08/31/16 Receipt and review of email response from Defendants's LHR 0.20 counsel, Robert Okon, Esq. re: Rebekah Leah Devery. 08/31/16 Draft/Revise Re -Notice of Taking Deposition re: Rebekah Leah LHR 0.20 Devery. Page 240 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 43 -9 Date Services orn ours 08/31/16 Preparation of e-mail to Plaintiffs counsel, Julia Farkas, Esq. LHR re: Rebekah Leah Devery. 08/31/16 Receipt, review and response to Plaintiffs counsel, Julia LHR Farkas, Esq. re: Rebekah Leah Devery. 08/31/16 Extensive telephone conference with Palm Beach County NSM Sheriffs Office re: intake photos pertaining Plaintiff, Byron Harris' injuries. 08/31/16 Telephone conference with Dr. Craig Lichtblau re: status of CD RKD pursuant to request at deposition pertaining to Plaintiff, Byron Harris. 08/31/16 Preparation of correspondence to Julie Oldbury re: criminal LHR record summary pertaining to Plaintiff, Byron Harris, Ashley Hill, and Jeffrey Braswell. 08/31/16 Receipt and review of e-mail from Plaintiffs counsel, Julia LHR Farkas, Esq. re: Rebekah Leah Devery. 08/31/16 Receipt and review of billing records received from Armor LHR Correctional Health Services pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 08/31/16 Preparation of e-mail to all defense counsel re: need for in LHR person or phone conference to discuss ability/inability for sharing of police practices expert. 08/31/16 Telephone conference with Correct Care Solutions re: status of RKD medical records pertaining to Plaintiff, Byron Harris. 08/31/16 Receipt and review of email response from Co -Defendant's LHR counsel Schwartz re: potential upcoming in person or phone conference to discuss ability/inability for sharing of police practices expert. 08/31/16 Receipt and review of email response from Co -Defendant's LHR counsel Jolly re: potential upcoming in person or phone conference to discuss abilitylinability for sharing of police practices expert. 08/31/16 Receipt and review of email response from Co -Defendant's LHR counsel Stephens re: potential upcoming in person or phone conference to discuss ability/inability for sharing of police practices expert. 08/31/16 Receipt and review of email response from Co -Defendant's LHR counsel Marrero re: potential upcoming in person or phone conference to discuss abilitylinability for sharing of police practices expert. 0.10 0.20 0.40 0.20 1.40 0.20 0.60 0.20 0.20 0.10 0.10 0.10 0.10 08/31/16 Receipt and review of Plaintiffs Re -Notice of Taking Video LHR 0.20 Deposition Duces Tecum of Sgt. Philip Antico. 08/31/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Re -Notice of Taking Video Deposition Duces Tecum of Sgt. Philip Antico. Page 241 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 44 Date Services Attorney Hours 08/31/16 Receipt and review of City Paralegal Lynn Swanson re: LHR 0.10 questions concerning depositions of Sgt. Antico and Dr. Habib. 08/31/16 Receipt and review of Co -Defendant's counsel Schwartz to LHR 0.10 Plaintiffs counsel Farkas re: questions concerning depositions of Sgt. Antico and Dr. Habib. 08/31/16 Preparation of Defendant, Boynton Beach's Request for Copies LHR 0.30 to Defendant, Harris pursuant to Notice of Production From Non -Party dated July 29, 2016. 08/31/16 Preparation of e-mail to Chuck Joyner, defense expert, re: LHR 0.20 enclosing TAser download report for Defendant Herny. 08/31/16 Telephone conference with Chuck Joyner re: questions RKD 0.20 pertaining to taser download reports and inspection of Plaintiffs vehicle. 08/31/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Burke re: conference to discuss potential police practices expert. 08/31/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Lewis re: conference to discuss potential police practices expert. 08/31/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Okon re: conference to discuss potential police practices expert. 08/31/16 Preparation of second email to all defense counsel re: LHR 0.10 upcoming conference to discuss potential police practices expert. 08/31/16 Attendance at deposition of Deputy Sheriff Cory Emanuel Gray AGA 1.30 (former Boynton Beach Police Department Officer) in West Palm Beach, FL. 08/31/16 Preparation of Statement of Assurance (HIPAA) to Burger King LHR 0.10 Corporation pertaining to Byron Harris. 08/31/16 Preparation of Statement of Assurance (HIPAA) to Corizon LHR 0.10 Health, Inc. pertaining to Byron Harris. 08/31/16 Preparation of Statement of Assurance (HIPAA) to Delray LHR 0.10 Beach Fire -Rescue Department pertaining to Byron Harris. 08/31/16 Preparation of Statement of Assurance (HIPAA) to Delray LHR 0.10 Medical Center pertaining to Byron Harris. 08/31/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Burger King Corporation pertaining to Byron Harris. 08/31/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Corizon Health, Inc. pertaining to Byron Harris. 08/31/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Delray Beach Fire -Rescue Department pertaining to Byron Harris. Page 242 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 45 Date Services Attorney Hours 08/31/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Alex B. Ershock, Associate Delray Medical Center pertaining to Byron Harris. 140.00 08/31/16 Preparation of subpoena duces tecum directed to Corizon LHR 0.10 61.40 Health, Inc. pertaining to Byron Harris. 10,131.00 08/31/16 Preparation of subpoena duces tecum directed to Delray Beach LHR 0.10 140.00 Fire -Rescue Department pertaining to Byron Harris. LHR 08/31/16 Preparation of subpoena duces tecum directed to Delray LHR 0.10 28,413.00 Medical Center pertaining to Byron Harris. Nicholas S. Madsen, Associate 08/31/16 Preparation of e-mail to all defense counsel re: Dr. Craig AGA 0.30 RKD Lichtblau's treatises. 61.90 08/31/16 Receipt and review of of Practice Management article and AGA 0.50 Total Professional Services Clinical Review Focused article relied on by Dr. Craig Lichtblau for his treatment and report on Plaintiff. 08/31/16 Receipt and review of Affidavit of Service for Columbia Hospital LHR 0.10 pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 08/31/16 Receipt and review of e-mail from Palm Beach County Sheriffs LHR 0.20 re: booking photos pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 08/31/16 Receipt and review of e-mail from Dr. Craig Lichtblau re: LHR 0.10 medical records pertaining to Plaintiff, Byron Harris pursuant to deposition. 08/31/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: her questions concerning Leah Devery. 08/31/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: answering her questions concerning Leah Devery and advising she is ER Nurse for Bethesda who treated Plaintiff after subject incident. 08/31/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: acknowledging Leah Devery is ER Nurse. Coe Name Hours Rate Amount E Alex B. Ershock, Associate 8.30 140.00 1,162.00 AGA Andrea G. Amigo, Partner 61.40 165.00 10,131.00 KRH Keith R. Hedrick, Associate 7.00 140.00 980.00 LHR Lyman H. Reynolds, Jr., Partner 172.20 165.00 28,413.00 NSM Nicholas S. Madsen, Associate 19.50 140.00 2,730.00 RKD Rebecca K. Davis, Paralegal 61.90 80.00 4,952.00 Total Professional Services 330.30 Page 243 of 482 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 46 Date Description Amount 08/02/16 Courier fee #807158285098: Chuck Joyner, Survival 18.89 Sciences - Federal Express 08/04/16 Travel Boynton Beach: attend meetings w/Sgt. Aiken, 25.92 Capt. DeGuilio, Stephanie Slater, Chief Katz, Det. Llopis, Capt. Zeller, Chris Munro, Dan Kline, Maj. Wallace, Ofc Moneigh & Ofc Rivera. - Lyman H. Reynolds, Jr. 08/04/16 Costs Advanced Boynton Beach: attend meetings w/ Sgt. 18.50 Aiken, Capt. DeGuilio, Stephanie Slater, Chief Katz, Det. Llopis, Capt. Zeller, Chris Munro, Dan Kline, Maj. Wallace, Ofe. Monteigh and Ofc. Rivera. Lunch: $18.50 - Lyman H. Reynolds, Jr. 08/09/16 Outside Printing copies, re: Harris - Florida Department of 69.40 Economic Opportunity 08/09/16 Outside Printing #4684 copies, re: Harris - Bethesda 29.82 Hospital, Inc. 08/09/16 Travel Boynton Beach: attend meetings w/Ofcr Dauta and 25.92 Det. Athol. - Lyman H. Reynolds, Jr. 08/10/16 Travel Boynton Beach: attend meetings w/Officers Sohn, 25.92 Williams, Rivera, Eichorst & Garafalo. - Lyman H. Reynolds, Jr. 08/11/16 Facsimile Charges 561-842-3774 to Dr. Craig Lichtblau. 1.00 08/11/16 Travel Boynton Beach: attend meetings w/Sgt. Antico and 25.92 Capt. McNevin. - Lyman H. Reynolds, Jr. 08/11/16 Costs Advanced USDC Courthouse: Parking, attend 2.00 court-ordered discovery hearing before Magistrate Brannon. - Nicholas Madsen 08/17/16 Travel Boynton Beach: meetings at City Hall w/Asst. Chief 25.92 Crawford, Capt. DeGuilio, Janet Whooten, Asst. Chief Harris, Ofcr Grigonan, Det, Ramos, Det. Naulty. - Lyman H. Reynolds, Jr. 08/17/16 Costs Advanced Boynton Beach: meetings at City Hall 18.16 w/Asst. Chief Suzanne Crawford, Capt. DeGuilio, Janet Whooten, Asst. Chief Kelly Harris, Ofcr Grigonan, Det. Ramos, Det. Naulty. - Lyman H. Reynolds, Jr. 08/18/16 Court Reporter #169835: depo, Plf, Byron L. Harris, Jr. - 1,702.53 Florida Court Reporting 08/18/16 Costs Advanced PB County Jail: attend video depo, Plf 18.76 Byron Harris. - Lyman H. Reynolds, Jr. 08/25/16 Facsimile Fax to 561-798-8691. 6.00 08/29/16 Subpoena Fees #LAS -2016010163 service: Briana Garrett 25.00 re: Harris - Legal Advocate Services, Inc. 08/29/16 Subpoena Fees #LAS -2016010158 service: Carol Adami 25.00 re: Harris - Legal Advocate Services, Inc. 08/29/16 Subpoena Fees #LAS -2016010161 service: Jeffrey 25.00 Braswell re: Harris - Legal Advocate Services, Inc. 08/29/16 Subpoena Fees #LAS -2016010159 service: Charlene 25.00 Edwards re: Harris - Legal Advocate Services, Inc. 08/29/16 Subpoena Fees #LAS -2016010160 service: Ashley Hill re: 25.00 Harris - Legal Advocate Services, Inc. Page 244 of 482 Client: City of Boynton Beach Matter: 16110 - Harris v. Boynton Beach MENNEREM= 08/29/16 Travel Boynton Beach: attend final pre-depo meeting CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: September 13, 2016 Page 47 ►� F!Ya 716.00 67.39 18.00 23.40 4.00 63.00 .3 12,357.44 -12,357.44 $51,425.37 Page 245 of 482 w/Capt. DeGuilio re: use of force PWMK. - Lyman H. Reynolds, Jr. 08/30/16 Outside Printing Court records. - Clerk of the Circuit Court 08/30/16 Outside Printing Medical records. - Infocopy 08/31/16 Photocopies Color copies 08/31/16 Photocopies 08/31/16 Photocopies Color copies 08/31/16 Photocopies Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: September 13, 2016 Page 47 ►� F!Ya 716.00 67.39 18.00 23.40 4.00 63.00 .3 12,357.44 -12,357.44 $51,425.37 Page 245 of 482 to 470 Columbia West Palm Beach, Florida 33409 Bill Number: Bill •ate: September1 Code:Client 032 Client Name: City of • • Matter Code: Matter Name: Harris v. Boynton Total Professional Services Total Disbursements Balance Forward: Payments & Adjustments: Total Due: Past Due Balance 48, 368.00 3,057.37 7 12,357-44 -12,357.44 61,426.37 0.00 Page 246 of 482 is ,... ROBERTS, REYNOLDS, 470 Columbia Drive, Suite C-101 West Palm Beach, • 1' Telephone (561)688-6560 Tax ! No. 65-0004867 City of Boynton Beach Attn: Julie Oldbury P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Broberg v. Boynton Beach et al. Claim #001470 -000390 -EP -01 BILL FOR FEES AND COSTS THROUGH 08/31/16 -6 September 13, 2016 Bill No. 34948 032 15414 Date Services Attorney Hours 08/04/16 Receipt and review of e-mail from Matthew Cohen counsel for LHR 0.30 Plaintiff re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Receipt and review of e-mail from Michael Burke counsel for LHR 0.20 Katz re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Receipt and review of e-mail from Harriet Lewis counsel for LHR 0.20 Crawford re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Receipt and review of second e-mail from Matthew Cohen counsel for Plaintiff re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Preparation of email response to Matthew Cohen counsel for Plaintiff re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. LHR 0.20 LHR 0.20 08/04/16 Receipt and review of second e-mail from Michael Burke LHR counsel for Katz re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Receipt and review of third email from Matthew Cohen counsel LHR for Plaintiff re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 0.20 0.20 08/04/16 Receipt and review of second e-mail from Harriet Lewis counsel LHR 0.20 for Crawford re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Receipt and review of Executed Order Specially setting the LHR 0.20 hearing on Defendant, City of Boynton Beach, and Defendant, Katz's Motions to Dismiss Plaintiffs Complaint. Page 247 of 482 Client. City of Boynton Beach September 13, 2016 Matter: 15414 - Broberg v. Boynton Beach et al. Page 2 Date e is Attorney Hours 08/09/16 Preparation of audit response to Caler, Donten, Levine, Porter LHR 0.20 & Veil, PA pertaining to Plaintiff, Lief Broberg. 08/30/16 Preparation of e-mail to all counsel of record re: Leih Broberg. LHR 0.20 08/30/16 Preparation of case law for submission of City's Motion to KRH 0.60 Dismiss Plaintiffs' Complaint to Judge Gillen for upcoming special set hearing on same pursuant to his divisional instructions. 08/31/16 Correspondence to Judge Gillen with courtesy copies of City's LHR 0.20 Motion to Dismiss Complaint with pertinent case law for upcoming special set hearing on same, pursuant to his divisional requirements. 08/31/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Michael Burke, Esq. re: Leih Broberg. 08/31/16 Preparation of e-mail to Plaintiffs counsel Reyes, LHR 0.20 Co -Defendant's counsel Lewis, and Co -Defendant's counsel Burke re: deposition of Plaintiff Leif Broberg. 08/31/16 Receipt and review of email response from Defendant's LHR 0.20 counsel, Harriett Lewis, Esq. re: Leif Broberg. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount KRH Keith R. Hedrick, Associate 0.60 140.00 84.00 LHR Lyman H. Reynolds, Jr., Partner 3.10 165.00 511.50 Total Professional Services 3.70 $596.50 DISBURSEMENTS Date Description Amount 08/31/16 Photocopies 72.60 Total Disbursements CURRENT ILL TOTAL $ _ 668.10 Balance Forward: 2,518.20 Payments & Adjustments: -2,518.20 Total Due: .1 Page 248 of 482 a a rz$#= to .xoberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 34948 Bill Date: September 13, 2016 Client Code: 032 Client Name: City of Boynton Beach Mafter Code: 16414 Mafter Name: Broberg v. Boynton Beach et Total Professional Services Total Disbursements Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE Page 249 of 482 Douglas Centre, PH -4 2600 Douglas Road Coral Gables, September! TAX I.D. 03-0486999 Telephone: 305-446-5528 Fax: 305-446-0995 Julie Oldbury, Director of Human Resources and Risk Manageme Invoice 2965 City of Boynton Beach No. 100 E, Boynton Beach Blvd. Boynton Beaach, FL 33435 In Reference To: Harris v. City of Boynton Beach, et al. Professional Services Hours Amount 8/1/2016 OEM Rec and rev Defendant Ryan's answer and 0.20 $28.00 $28.00 defenses OEM Rec and rev Defendant Medeiros' answer 0.20 $28.00 $28.00 and defenses OEM Rec and rev Plaintiff's amended notice of 0.20 $28.00 $28.00 taking video deposition of Alfred Martinez OEM Rec and rev Plaintiffs notice of taking video 0.20 $28.00 $28.00 deposition of Chief Katz OEM Rec and rev Plaintiffs notice of taking video 0.20 $28.00 $28.00 deposition of Pilot Byron Karp OEM Rec and rev Plaintiffs notice of taking video 0.20 $28.00 $28.00 deposition of Pilot Michael Musto OEM Rec and rev Defendant Brown's request for 0.20 $28.00 $28.00 copies to City OEM Rec and rev Defendant Martinez's answer 0.20 $28.00 $28.00 and defenses ACH Review/revise report letter re Plaintiff's 3.90 $468.00 $468.00 responses to Defendants' discovery requests LW Review/revise answer and affirmative 1.00 $140.00 $140.00 defenses; compare with co-defendant 8/2/2016 OEM Rec and rev City's supplemental response to 0.30 $42.00 $42.00 Plaintiffs request for production ACH Review/revise report re Defendants' 1.00 $120.00 $120.00 discovery responses to Plaintiff Page 250 of 482 Julie Oldbury, Director of Human Resources and Risk Manageme Page 2 Hours Amount Amount 8/2/2016 ACH Draft report letter re Plaintiffs Rule 26 4.60 $552.00 $552.00 disclosures 8/3/2016 OEM Rec and rev Defendant, City's Notice of 0.20 $28.00 $28.00 Taking Deposition re: Leah Rebekah Devery. OEM Rec and rev Defendant, City's Notice of 0.20 $28.00 $28.00 Taking Deposition re: Charlene Edwards. OEM Rec and rev Defendant, City's Notice of 0.20 $28.00 $28.00 Taking Deposition re: Ashley Hill. OEM Rec and rev Defendant, City's Notice of 0.20 $28.00 $28.00 Taking Deposition re: Jeffrey Braswell. OEM Rec and rev Defendant, City's Notice of 0.20 $28.00 $28.00 Taking Deposition Duces Tecum re: Dr. Carol Adami. OEM Rec and rev Defendant, City's Notice of 0.20 $28.00 $28.00 Taking Deposition Duces Tecum re: Dr. Brianna Garrett. GL Researchlreview Palm Beach Court docket 0.10 $7.50 $7.50 re Plaintiffs criminal matter/court date GL Draft e-mail to City's counsel re request for 0.10 $7.50 $7.50 copy of Dr. Adami and Dr. Garrett records 8/4/2016 OEM Rec and rev Defendant Ryan's request for 0.20 $28.00 $28.00 copies to City OEM Rec and rev letter from Lyman Reynolds to 0.20 $28.00 $28.00 Palm Beach Sheriffs office re Plaintiffs deposition OEM Rec and rev one(1) CD from Defendant. City 0.20 $28.00 $28.00 re: its Supplemental Response to Plaintiffs Request for Production. OEM Rec and rev Defendant Brown's objection to 0.20 $28.00 $28.00 Plaintiffs request for production at deposition LW Review Plaintiffs criminal docket 0.40 $56.00 $56.00 LW Review file re prepare for deposition of 2.10 $294.00 $294,00 Officer Brown OEM Rec and rev notice of taking video deposition 0.20 $28.00 $28.00 of Sgt. Antico Page 251 of 482 Julie Oldbury, Director of Human Resources and Risk Manageme Page 3 Hours Amount Amount 8/4/2016 OEM Rec and rev notice of taking video deposition 0.20 $28.00 $28.00 of Major Kelly Harris L Preparelsort case materials for deposition of 0.70 $52.50 $52.50 Officer Michael Brown, for attorney review; download/index CD with City's supplemental response to Plaintiffs request for production, for attorney review 8/5/2016 OEM Rec and rev City's motion for leave to depose 0.30 $42.00 $42.00 Plaintiff OEM Rec and rev Defendant Madeiro's request for 0.20 $28.00 $28.00 copies to Justin Harris OEM Rec and rev notice of cancellation of Chief 0.20 $28.00 $28.00 Kratz deposition OEM Rec and rev re -notice of Maiorino deposition 0.20 $28.00 $28.00 - change of time OEM Rec and rev re -notice of Medeiros 0.20 $28.00 $28.00 deposition- change of time OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Justin Harris's request for copies OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Def Maiorino's request for copies OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Defendant Ryan's request for copies OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Plaintiffs request for copies LW Prepare and attend deposition of Officer 6.50 $910.00 $910.00 Brown 8/8/2016 LW Rec and rev City's request for copies to 0.20 $28.00 $28.00 Justin Harris OEM Rec and rev City's letter to Magistrate re 0.20 $28.00 $28.00 discovery hearing OEM Rec and rev City's discovery memorandum 0.30 $42.00 $42.00 OEM Rec and rev Defendant Medeiros's request 0.20 $28.00 $28.00 for copies to City OEM Rec and rev Plaintiffs expert disclosure 0.90 $126.00 $126.00 Page 252 of 482 Julie Oldbury, Director of Human Resources and Risk Manageme Page 4 Hours Amount Amount 8/9/2016 OEM Rec and rev Defendant Maiorino's response 0.30 $42.00 $42.00 to Plaintiffs first request for production OEM Rec and rev Defendant Maiorino's answers 0.30 $42.00 $42.00 to Plaintiffs first interrogatories OEM Rec and rev 2nd amended notice of taking 0.20 $28.00 $28.00 video deposition of Stephen Maiorino OEM Rec and rev 2nd re -notice of taking video 0.20 $28.00 $28.00 deposition of Matthew Medeiros OEM Rec and rev letter from Lyman Reynolds to 0.20 $28.00 $28.00 Magistrate Judge re discovery hearing with proposed agreed order OEM Rec and rev re -notice of taking video 0.20 $28.00 $28.00 deposition of Chief Jeffrey S. Katz 8/10/2016 OEM Preparation for hearing with Magistrate; 5.00 $700.00 $700.00 prepare for Ronald Ryan, Matthew Medeiros and Stephan Maiorino depositions; includes review of police reports and policies by City ACH Review Plaintiffs Rule 26 disclosure re 0.30 $36.00 $36.00 helicopter footage 8/11/2016 OEM Rec and rev City's notice of taking deposition 0,20 $28.00 $28.00 of Dr. Craig Lichtblau OEM Attend Ronald Ryan, Matthew Medeiros and 7.00 $980.00 $980.00 Steve Maiorino depositions; attend hearing with Federal Magistrate re IME and order to transport Plaintiff 811 212 01 6 OEM Rec and rev Order granting motion to 0.20 $28.00 $28.00 conduct physical exam of Plaintiff OEM Rec and rev re -notice of taking Dr. Craig 0.20 $28.00 $28.00 Lichtblau 8/15/2016 OEM Rec and rev records from Bethesda Hospital 0.30 $42.00 $42.00 East with x-ray cd OEM Rec and rev Plaintiffs notice of taking 0.20 $28.00 $28.00 deposition of Leif Erik Broberg 8/16/2016 OEM Rec and rev Plaintiffs cross -notice of taking 0.20 $28.00 $28.00 deposition of Dr. Garrett OEM Rec and rev Plaintiffs cross -notice of taking 0.20 $28.00 $28.00 Dr. Adami deposition Page 253 of 482 Julie Oldbury, Director of Human Resources and Risk Manageme Page 5 Hours Amount Amount 8/1612016 OEM Rec and rev Plaintiffs cross -notice of taking 0.20 $28.00 $28.00 deposition of Leah Devery OEM Rec and rev Plaintiffs cross -notice of Jeffrey 0.20 $28.00 $28.00 Braswell deposition OEM Rec and rev Plaintiffs notice of taking 0.20 $28.00 $28.00 deposition of Cynthia Rivera OEM Rec and rev Plaintiffs second request for 0.30 $42.00 $42.00 production to City OEM Tele conf with Michael Burke re experts for 0.20 $28.00 $28.00 defense 8/17/2016 OEM Rec and rev Plaintiffs notice of taking 0.40 $56.00 $56.00 deposition and subpoena to Justin Roth Harris OEM Rec and rev Plaintiffs notice of taking 0.40 $56.00 $56.00 deposition and subpoena of Cory Emanuel Gray OEM Rec and rev Plaintiffs notice of taking 0.20 $28.00 $28.00 deposition Charles Ramos OEM Rec and rev Plaintiffs notice of taking 0.20 $28.00 $28.00 deposition of Robin Eichorst OEM Rec and rev Plaintiffs notice of taking 0.20 $28.00 $28.00 deposition - Captain Joseph DeGuilio OEM Rec and rev re -notice of Plaintiffs deposition 0.20 $28.00 $28.00 - change in location OEM Rec and rev Plaintiffs request for copies to 0.20 $28.00 $28.00 Justin Harris re Fla. DMHSMV records OEM Rec and rev Plaintiffs request for copies to 0.20 $28.00 $28.00 Justin Harris re notice of production dated 7129116 OEM Preparation for Plaintiffs deposition 5.00 $700.00 $700.00 ACH Review file re police reports authored by our 1.40 $168.00 $168.00 client LW Tele conf with Darlene from Bethesda 0.20 $28.00 $28.00 Hospital re subpoena 8/18/2016 OEM Rec and rev Plaintiffs notice of cancellation 0.20 $28.00 $28.00 of deposition of Officer Martinez Page 254 of 482 Julie Oldbury, Director of Human Resources and Risk Manageme 8/18/2016 OEM Attend Plaintiffs deposition 8/19/2016 OEM Rec and rev re -notice of taking deposition of Hours Officer Martinez OEM Rec and rev cross -notice of taking deposition $1,260.00 of Dr. Habib OEM Rec and rev notice of taking deposition of $28.00 Stephanie Slater 8/20/2016 OEM Review State Attorney file, FBI statements, 0.20 police reports, and items provided by $28.00 Boynton Beach re prepare for pre -deposition $840.00 conference with Officer Justin Harris 8/2212016 OEM Rec and rev notice of taking video deposition $37.50 of Jeffrey Williams OEM Rec and rev amended notice of taking video deposition of Stephanie Slater (time change) OEM Rec and rev correspondence from CVS Pharmacy responsive to our subpoena. OEM Rec and rev correspondence from Publix Pharmacy responsive to our subpoena. OEM Preparation for meeting with Justin Harris (pre -deposition conference) GL Review/update subpoena status log re correspondence from Publix Pharmacy and CVS Pharmacy GL Prepare/gather case materials for pre -deposition conference of Officer Justin Harris (#822) and depositions for Dr. Slater and Officer Martinez, for attorney review; review/update subpoena status log re subpoena to FLDHSMV and call from records custodian LW Review file re preparation for depositions of Slater and Martinez 8/23/2016 OEM Prepare and attend pre -deposition conference with Justin Harris L Prepare/gather case materials for depositions of Sgt. Antico, Major Kelly Harris, and Officer Eichorst, for attorney review Hours Amount Amount 9.00 $1,260.00 $1,260.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 6.00 $840.00 $840.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 2.00 $280.00 $280.00 0.10 $7.50 $7.50 0.50 $37.50 $37.50 1.50 $210.00 $210.00 6.00 $840.00 $840.00 0.40 $30.00 $30.00 Page 255 of 482 Julie Oldbury, Director of Human Resources and Risk Manageme Page 7 Hours o tAmount 8/23/2016 LW Prepare and attend depositions of Slater and 6.50 $910.00 $910.00 Martinez 8/24/2016 OEM Rec and rev Defendant Medeiros' request for 0.20 $28.00 $28.00 copies to Plaintiff OEM Rec and rev Defendant Medeiros' request for 0.20 $28.00 $28.00 copies to Justin Harris OEM Rec and rev notice of taking deposition of Dr. 0.20 $28.00 $28.00 Montes de Oca OEM Rec and rev notice of taking video 0.20 $28.00 $28.00 conference of Roy Bedard OEM Rec and rev notice of taking deposition of Dr. 0.20 $28.00 $28.00 Pierre Dorsainvil ACH Prepare and attend depositions of Kelly 7.80 $936.00 $936.00 Harris and Robin Eichorst GL Prepare/gather case materials for 0.50 $37.50 $37.50 depositions of Officer Cynthia Rivera, Officer Harris (#822), and Officer Charles Ramos, for attorney review LW Prepare and attend deposition of Sgt. Antico 2.00 $280.00 $280.00 LW Review Plaintiffs motion to expand number 0.20 $28.00 $28.00 of depositions 8/25/2016 OEM Rec and rev Plaintiffs unopposed motion to 0.30 $42.00 $42.00 expand number of depositions OEM Prepare and attend Cynthia Riera, Justin R. 8.00 $1,120.00 $1,120.00 Harris and Charles Ramos depositions ACH Review file re preparation for Officer Monteith 1.60 $192.00 $192.00 and Officer Williams depositions 8/26/2016 OEM Rec and rev letter from Lyman Reynolds re 0.20 $28.00 $28.00 deposition transcripts OEM Rec and rev Defendant Brown's request for 0.20 $28.00 $28.00 copies to Justin Harris ACH Prepare and attend depositions of Officer 8.10 $972.00 $972.00 Monteith and Officer Williams OEM Preparation for Chiefs deposition 1.00 $140.00 $140.00 Page 256 of 482 Julie Oldbury, Director of Human Resources and Risk Manageme Page 8 Hours ours ount 8/26/2016 OEM Tele conf with Justin Harris re deposition 0.20 $28.00 $28.00 OEM Preparation for supplemental meeting with 3.00 $420.00 $420.00 Justin Harris; also, review City's Rule 26 disclosure L Prepare/gather case materials for Officer 0.50 $37.50 $37.50 Harris (822) continued pre-deposition conference and deposition of Chief Katz, for attorney review GL Review/compare police incident reports from 4.00 $300.00 $300.00 State Attorney's file, City's discovery production and J. Wasserman materials; prepare case materials for Justin Harris deposition, for attorney review; GL Prepare/gather case materials for 0.50 $37.50 $37.50 depositions of Officer Harris (#822), PWMK re use of force, and Plaintiffs expert, for attorney review LW Review file (CDs and reports) to produce 0.40 $56.00 $56.00 pursuant to subpoena duces tecum 8/27/2016 LW Draft/revise report of Michael Brown 1.20 $168.00 $168.00 deposition; review transcript 8/29/2016 LW Draft/revise deposition summary of 0.40 $56.00 $56.00 Medeiros; review transcript LW Draft/revise deposition summary of Ronald 2.00 $280.00 $280.00 Ryan; review transcript LW Review file to determine reports to produce 0.50 $70.00 $70.00 to subpoena duces tecum LW Tele call with Mr. Wasserman re Plaintiffs 0.20 $28.00 $28.00 deposition testimony LW Review/analyze records (policies and IA 0.80 $112,00 $112.00 complaints for Justin Harris) and Plaintiffs expert deposition ACH Review files re Justin Harris use of force 1.10 $132.00 $132.00 reports/incident reports ACH Draft report letter re review/analysis of 3.30 $396.00 $396.00 Boynton Beach's response to Plaintiffs request for production Page 257 of 482 Julie Oldbury, Director of Human Resources and Risk Manageme Page 9 Hours t Amount 8/29/2016 OEM Prepare and attend supplemental 3.00 $420.00 $420.00 pre -deposition conference with Officer Justin Harris OEM Prepare and attend Chief Katz's deposition 5.00 $700.00 $700.00 8/30/2016 OEM Rec and rev amended notice of taking 0.20 $28.00 $28.00 deposition of Leif Broberg OEM Rec and rev Plaintiffs supplemental Rule 26 0.50 $70.00 $70.00 disclosure OEM Rec and rev correspondence from 0.20 $28.00 $28.00 HealthPort responsive to our subpoena to Westside Regional Medical Center. GL Draft email to City's counsel re fire rescue 0.70 $52.50 $52.50 report; review reply; review/update subpoena status log re correspondence from Westside Regional Medical Center - Billing Dept; prepare/gather case materials for deposition of Officer Gray; research City's discovery CDs OEM Rec and rev Return of Service re: subpoena 0.10 $14.00 $14.00 to Bethesda Hospital East - Radiology Dept. OEM Rec and rev Return of Service re: subpoena 0.10 $14.00 $14.00 to Bethesda Hospital East - Billing Dept. OEM Rec and rev Return of Service re: Wellington 0.10 $14.00 $14.00 Regional Medical Center - Radiology Dept. OEM Rec and rev Return of Service re: subpoena 0.10 $14.00 $14.00 to Columbia Hospital - Radiology Dept. OEM Rec and rev Return of Service re: subpoena 0.10 $14.00 $14.00 to Columbia Hospital - Billing Dept. OEM Rec and rev Return of Service re: subpoena 0.10 $14.00 $14.00 to Wellington Regional Medical Center - Billing Dept. OEM Rec and rev prescription record from Publix 0.30 $42.00 $42.00 Pharmacy. LW Prepare and attend deposition of Joseph 5.50 $770.00 $770.00 DeGuilo LW Tele call with Nikki from Bobby Schwartz's 0.20 $28.00 $28.00 office re Lichtblau Page 258 of 482 Julie Oldbury, Director of Human Resources and Risk Manageme Pae 10 Hours oun ori 8/30/2016 LW Prepare and attend deposition of Dr. Lichtblau 3.60 $504.00 $504.00 ACH Review flash drive contents re 3D FARO 0.50 $60.00 $60.00 scans ACH Review file re preparation for Cory Gray 1.90 $228.00 $228.00 deposition OEM Attend Officer Justin Harris's deposition; 3.00 $420.00 $420.00 post -deposition conference with Justin Harris 8/31/2016 OEM Rec and rev re -notice of taking deposition of 0.20 $28.00 $28.00 Sgt. Philip Antico OEM Rec and rev amended notice of taking 0.20 $28.00 $28.00 deposition (date and time change) - Leah Rebekah Devery GL Review/update subpoena status log re 0.10 $7.50 $7.50 prescription record from Publix Pharmacy; research address for Dr. Brandt Delhamer on Internet. ACH Prepare and attend deposition of Corey Gray 5.10 $612.00 $612.00 OEM Preparation for Jeffrey Braswell, Ashley Hill 3.00 $420.00 $420.00 and Charlene Edwards depositions; includes review of witness statements Forrofessional services rendered p 169.70 $22,413 .aa Additional Charges: 8/3/2016 Witness fee - Columbia Hospital (Billing Dept) 7.50 Witness fee - Bethesda Hospital East (Radiology Dept) 7.50 Witness fee - Bethesda Hospital East (Billing Dept) 7.50 Witness fee - Wellington Regional Medical Center (Radiology Dept) 7.50 Witness fee - Fla. DHSMV 7.50 Witness fee - Target Pharmacy (research fee/records) 25.00 8/5/2016 Records from counsel for City 35.00 Mileage to West Palm Beach for deposition of Brown 69.42 Parking for deposition of Brown 12.00 Page 259 of 482 Julie Oldbury, Director of Human Resources and Risk Manageme Page 11 8/8/2016 Service of subpoena to Wellington Regional Medical Center (Radiology Dept) 45.00 8/9/2016 Plaintiffs films from Wellington Regional Medical Center 75.00 Plaintiffs records from Bethesda Hospital 29.82 8/12/2016 Deposition transcript of Michael Brown 377.00 8/19/2016 Legal Graphicworks - (video deposition of Plaintiff) 53.00 8/20/2016 Service of subpoena to Bethesda Hospital East (Radiology Dept) 45.00 Service of subpoena to Bethesda Hospital East (Billing Dept) 45.00 Service of subpoena to Columbia Hospital (Radiology Dept) 45.00 Service of subpoena to Columbia Hospital (Billing Dept) 45.00 Service of subpoena to Wellington Regional Medical Center (Billing Dept) 45.00 8/21/2016 Transcript of Ronald Ryan, Matthew Medeiros and Stephen Maiorino depositions 826.70 8/23/2016 Mileage to West Palm Beach for depositions of Slater and Martinez 69.42 Parking for deposition of Slater and Martinez 6.00 8/24/2016 Mileage to depositions of Kelly Harris and R. Eichorst in West Palm Beach 66.75 8/25/2016 Plaintiffs records from CVS Pharmacy (research fee/records) 50.00 8/26/2016 Mileage to depositions of P. Monteith and J. Williams in West Palm Beach 66.75 Photo Offset 18.84 8/29/2016 Photo Offset 210.32 Plaintiffs records from Publix Pharmacy 1.00 8/30/2016 Mileage to deposition of pwmk of City policies 69.42 8/31/2016 Mileage to deposition of Cory Gray in West Palm Beach 66.75 Photocopies 811 - 8/31/2016 65.80 Postage 811 - 8/31/2016 0.93 Plaintiffs records from Wellington Regional medical Center (Billing Dept) 3.21 Total costs $2,505.63 Total amount of this bill $24,918.63 Page 260 of 482 Julie Oldbury, Director of Human Resources and Risk Managerne Previous balance 9/1312016 Payment - Thank You. Check No. 0130583472 Total payments and adjustments Balance due Name Alexandra C. Hayes Guertty Lopez Lourdes E. Wydler Oscar E. Marrero Timekeeper Summary IF 111 1 1 1 1; Page 12 Amount $6,701.32 ($6,701.32) ($6,701.32) $24,918.63 Hours Rate 40.60 120.00 8.20 75-00 35.40 140-00 85.50 140.00 Page 261 of 482 FOCINTOSH SCHWARTZ, P,L ATTORNEYS AT LAW 885 Soun-imAsT 3RD AvxNuE, Sur?r 20 1 ROSERY Il, SCHWAITTZ Fonr LAuDERIDALK, FLORIDA 333 1 q5- t 1 59 DIRECT UNKa (054) 55a- r 4a3 pmopm (Oa4) 680-9888, FrAxa (954) 78"53 Dmr-T FAx (9541 COO,9874 EMAIL: MIT F -i nt, 17 n 10 9 = V , j 'a E-Uxafl 21_dbiLr3j@1bfl.qs Julie Oldbury, Director City of Boynton Beach 100 E. Boynton Beach Boulevm-d Boynton Beach, Florida 33435 RE: Byron Harris, Jr, v. City of Boynton Beach Invoice No.: 15833 Date of Incident: 8/20/2014 Our File No.: 422221,0001 Fees: $5,610.00 ---- ----------- Costs: $101.36 TOTAL AMOUNT OF INVOICE: $5,711.36 Byron Harris, Jr. v. City of Boynton Beach Invoice No.: 15923 Date of Incident: 8/20/2014 Our File No. -, 422221.0001 Fees: $17,589.01_ - — ------- Costs: $780.92 TOTAL AMOUNT OF INVOICE: $18,369.92 F.''I ''Ifill, iiii, I III I I III INA 61 1 1 1 1 I0Z - Enclosed please find our bills for services rendered through September 15, 2016. Please review the enclosed bills and if acceptable, place same in line for payment at your earliest convenience. Please make your checks payable to McIntosh Schwartz, P.L., 888 Southeast Third Avenue, Suite 201, Fort Lauderdale, Florida. Our Tax D)4 is 45-0701543. Page 262 of 482 I 1pl��Illllllll Ic III r EM Very bmly youn� UITT N 9.9 MAMMA l4i 11• 11031MUM"t Page 263 of 482 MCINT0614 SCH!tARTZ, P.L. ATTOR14EYS AT LAW SOD GOUTHCAST 3** AVkNV9 SUITE act FoAT LAU09RDALE. FmpuoA 3334 Julie 01 August 16, 2016 Dkoctor o Human Raources & Risk Mgmt Involow. 15833 City of Boynton Beach Pap. I 100 E, Boynton Beach Blvd, Tax M #45-0701543 Boynton Beach, FL 33435 Reference: climst#422221.0001 Hwds, Byron Y. City ofBoynton Beach, OW. 06/01/16 RHS Review and analysis of Harris' Motion to Revise Prouiel Scheduling 0.I0165.00/hr 16.50 207881 Order. M01/16 RM Telephone conference with Avmmq Jason Weiss m: responses to 0.30 165.00/hr 49.50 213107 discovery. 06101116 RHS Final prulwiWon of Answers to riwd Response to 1.20 165.00/hr 198.00 213109 Request for Production for submission and executica. 06/02116 RHS Prepare e-mail to Attorney Burke cooftning discovery would be 0.20 165.001hr 33.00 213110 completed. Review confinnadon of same. 06102/16 REIS Review of e-mail ftom Attomey Finney rc: pending mution to 020 165.001hr 33.00 213113 modify the scheduling order and proposed datem for discovery. 06AW16 RHS Review of Justin Harris' discovery responses. 0.30 165.W& 49.50 213115 06#W16 RHIS Review and analysis of Plaintiffs Motion to Revise Pamial 0.10 165.001hr 16.50 208330 Scheduling Order [DE 68). 06106116 RM Review and analysis of Mai no's Request for Copies to City of 0.10 165.00/hr 16.50 208373 Boynton Beach. 06106116 REIS Review and analysis of Majori's Request for Copies to Madefros, 0.10 165-OWhr 16.50 208374 _zIrMAMIN jF-;r'7XA=7'--'L MnIVA 717-74� MIJ0161 Main Me (954) 660-9889 Fox (954) 76"531 Page 264 of 482 422221,0001 invoice: 15933 Pap 2 06106116 RHS Review of Michael Brown's response to RFP 0.10 165.OMW 16.50 213116 deposition. 06106116 RES Review of Martineds discovery responses. 0.30 165.001hr 49.50 213117 06107116 REIS Review and analysis ofMalorino's Request for Copies to Horny. 0.10 165.00hy 16.50 209535 Stay. 0 V1 RHS Review mW analysis of Paperless Order Denying Plaintiffs Motion 0.10 165.001hr 16.50 203389 to RoWn Pretrial Scheduling Order. PE681 06/07116 RHE Raview of Brovds Answers to Int torics. 0.40 165.001hr 66.00 213118 RHS Review e-mail finm Alt ormy Finney re: Motion to Stay. 0.10 165.001hr 16.50 06t07/16 RHS Review of City of Boynton. B=Ws Discovery responses and a -mail 0.40 165,00&r 66.00 213122 copies to Ran Ryan. 06/08/16 RHS Review and rapond to e-mail from Ron Ryan re: disclosure of IA 0.10 165, /hr 16.50 213124 files, 06/10116 RKS Review of e-mail from Attorney Fartas re: scheduling of Ryan's 0.10 16510MIr 16.50 213125 deposition. 06113116 RHS Roview of c -mai I from Ron Ryan with wwspaper article, 0.30 165.00/hr 49.50 213127 06/15116 RHS Review W respond to *-nWl fbom Atbwney Jolly re: Motion to 0.10 165.00/hr 16.50 213132 Stay. 06/16/16 RHS 'Prepare e-mfls to Ron Ryan and lawn Weiss ra- agreement to 0.30 165Mr 49.50 213133 Motion to Stay aW rcMew their responses. Prepare e- it to Atkmey Jolly conlirrning agrecomt. 06/16116 RHS Review e-mail finm Alt ormy Finney re: Motion to Stay. 0.10 165.001hr 16.50 213134 06/23/16 RHS Review and analysis of Malorino's Motion to Stay Discovery D.20 165,00/hr 33.00 209816 Ponding Resolution of Federal Criminal Investigation [DE 70]. 06123/16 RHS Review and analysis of Medelros'Diswmy Responses. 0,20 165,0011ir 33.00 209850 Marm Office (954) 660-9888 Fax (954) 760-9531 Page 265 of 482 422221.0001 invoice, 15833 Pap 3 06/24116 RES RMvw and analysis of Paperloss Order requiring pardes to file a 0.10 165. /hr 16.50 210277 Joint Notice to Motion to fty. [DE 71] 06/24116 RHS Prepare e-mail to Ron Ryan and Joan Weiss re: response required 0,20 165-00/br 33-00 213136 by Order [DR 711 06f24116 RHS Prepare e-mail to Attorney Jolly re: Joint Response per Order. 0.10 165.00/hr 16.50 213137 06/24/16 RRS Reviaw e-mail from Jam Weiss re: response to Order, 0.10 165.00/hr 16.50 213138 06124/16 RUS Review of e-mail from Attorney Finney ria: otdmdon to Motion to 0.30 165.001hr 4930 213140 Stffy and review of his response to the Motion, PE 72] 007116 RHS Review of *mail ftom Attorney Fafts re: Joint Responn to Ordw 0.10 165.00Ar 16.50 213145 On MCdOn W &W, G127/16 RHS Pawiew and respond to e-mail& fivrn o0 re. filing of Joint 0.30 163,00ft 49.50 215850 Notioe. Confit=91on that Attorney Jolly will file same. 06/27116 RHS ftepare e-mail to Attorney Jolly with proposed resp es to 0.10 165,00/hr 16.50 215852 questions 3 and 4. 0027/16 RHS Review of Joint Respw= to Order. CDE 731 0.10 165.00/hr 16.50 215853 07/09/16 RHS Review and analysis of Order Setting Diacovery Hawing [DE741 0.10 165.00/hr 16.50 212219 07/08/16 RHS Review of c -mail from Attorney Finney m, issues re. scheduling of 0,20 165.00/hr 33,00 213149 depositions, 07112/16 RHS Rudew of e-mail fiwn Attorney Farkas re: deposition dates. 0.10 165.001hr 16.50 213150 07/13/16 RHS Review and analysis of Order Denying Malorinds Motion to Stay 0.30 165.00/br 49.50 212608 Discovery CDE 751 07/13/16 REIS Review and analyals of Harrie Discovery Memorandum. 0.30 165.00tIr 49.50 212645 07/14116 RHS Review and analysis of FlalatilTs Motion to Appear Telephonically 020 165.Mlhr 33.00 212760 at Discovery Hearing E. 761. INMG=17. MIq 4 1 Page 266 of 482 ri-Tumiltst 422221.0611 1 0 oice 1�1�1 Inv: 158 Page 4 07/15/16 RHS Review and analysis of Harris' Madan for Leave to Appear 0, 1 D 165.00/hr 16.50 212906 Telephonically. 07/15/16 RHS Review and snabrsis of Omnibus Order Denying Motions for Leave 0. 10 165.001hr 16,50 212927 to Appear Telephonically 07/15/16 RHS Review and analysis of Minute Entry Pror."ags before 0. 10 16540/hr 16.50 212937 M4strate Judge Brannon [DE 791. 07/15116 RHS Review and raWnd to awmails. re; scheduling of depositions and 0.50 165.00/hr 82,50 223101 avoidance of hearing. 07/15116 RHS Tclq)hono oodorence with Attorney Forkas ro- deposition cowwage 0.20 165.41hr 13.00 213102 and dates. 07/15/16 RIS Attendance at hearing before Magistrate Judge Hmmon re: 3.10 165.00/hr 511-50 213104 eftbUhment of deposition schedule, Mansion of Wart disclosure deadlin". 07/15/16 RHS Review Paperless Order waanding expert disclosure deadlinas. EDE 0. 10 165.00/hr 16,50 21,5956 so] 07/18/16 RHS Telepbone oonfvmcd with Ron Ryan re: 1 re4eposon mmfemuca. 0.10 165,1 Qft 100 211987 07/19/16 RHS Review of a -mall from Attorney Finney confirtning agmd 0.20 165.00/hr 33.00 213154 deposition dates. 07/25/16 RHS Review and analysis of Order on Dofandan& MoVou to Dismiss 0.40 165.00/hr 66.00 213814 [DE 81). OV25/16 RHS Pteview and analysis of City's Motion for PbyskW Examination of 0.20 165.00ft 33.00 213840 Harris. PE 821 07MI16 RHS Prepare c -mail to Ron Ryan and Jason Weiss atbubing Order with 0.20 165.00/1r 33.00 215857 explanation. 07/26/16 RNS Initial review and analysis of Hwb'Verifiod Amawars to Justin 0.30 165.001hr 49,50 213932 Harris' Inuaogatories. 07/27116 RHS Review and analysis of Maiorinos AmerWed Anmw and 0.30 165-OMW 49,50 214056 Affhnudive Defenses V-1 fAsin Office (954) 660-9888 Fn (954) 760-9531 Page 267 of 482 07nV16 RHS Review mid analysis of Harris' Response to J. Hanis' Raqued fbr 0.80 165.OWhr 132.00 214097 Production. 07t2i/16 RHS Review and amlysis of Hemy's Answer and Affirmativo Defenses 0.20 165.00/hr 33.00 214215 [DE 341 OU29/16 RHS Review and analysis of Notice of Taking Deposition Duces Tocum 0. 10 165.00/hr 16.50 214496 of Videotaped Do;wsition of Ron Ryan $11 InOl 6. 07t29/16 RH3 Review and analysis of Notice of Taking Video Dqmition Ducos 0.10 165.OWhr 100 214513 Tocuin of Michael Brown. 07/29/16 RHS Review and analysis of Notice of Taldng Video DqiosWon Duces 0. 10 165.00/hr 16.50 214514 Tecum of Matthew ModeEnn on 8/1 InOl 6. 07/29/16 RHS Review and analysis of Notice of Taking Video Deposition Duces 0.10 165-11Ar 16.50 214516 Teaum of Stephen Maimino on S/ 11/2016, OU29/1 6 RHS Review and analysis of Notice of Taking Video Deposition Duces 0. 10 165.Oftr 16.50 214522 Tacum of Justin Harris on 0=016. 07t29/16 RHS Review and analysis of Notice of Takino Video Deposition Ducas 0. 10 165.00/hr 16.50 214523 Tecum of Cory Remy on 9112/2016. 09101116 RHS Review and analysis of Notice of Taking Video Deposition Dum 0. 10 165.001hr 1&0 214521 Tocum of Alfivd Martinez on B/ 18/2016. 09/01/16 RHS Review and analysis of Medaira Answer to Count XVU of 11[arrW 0. 10 165,00AT 16.50 214657 Complaint. 08101/16 RM Pmpam Ryan's Amended Answer and Affimnative, Defenses to 1.50 165.00ft $2.50 214659 Harris' CompWat [DE $51 08/01/16 RM Review and analysis of Notice of Taking Videotaped Depwition 0. 10 165.OWhr 16.50 214771 Duces Tocam of Chief Katz 8/0016. 08101116 RHS Review and analysis of Notice of Taking Video Deposition Duces D. 10 165.001hr 16.50 214772 Tocurn of Michael Musto 9/9/2016. 1SMI/16 XHS Review and analysis of Notice of Taking Video Deposon Duces 0. 10 165.00/1r 16.50 214773 Twm of Byron Karp 919n 0 16. 08/01/16 RHS Review and analysis of Ciya Answer and Affirmfive Deftses 030 165.0GAr 49,50 214774 PH $91. KV5 m =Im,; MIM Page 268 of 482 08/01/16 RHS Review and aDefames nalysis of Martinces Amended Answer and 0.20 165-00/hr 33.00 214775 215944 AffunWive Ryan!s Request for copies {w/o review of responses to SDT)d 001116 RHS Prepare e-mails Ron Rya and Jason Weiss and respond to 0.30 165.004o 49.50 215859 0.30 10.001hr responses ro: pro -deposition conl'brence and the ducas ticuum issue, 215965 09/02/16 RMS Review and analysis of the City's Supplemental Response to Harris' 0.20 165.001hr 33.dO 214822 RHS Request to Produce. 0.20 165.001hr 08/04/16 RHS Pnqxntion for deposition of Miclial Brown: review all discovery 1. 10 165.001hr 181.50 215860 responses and his Supplainental Report, Use of Force Report and RH8 Review and amlyuis of Notice of ConcelkWon of Deposition of 0.10 165.001hr the video of the chow. 216067 011105/16 RHS Review of Cit)es Motion to take dolmon of Byron HarriL [DE 030 165.00/hr 49.50 215861 901 and .,1 :x[11: Motion. (DE 911 08/05/16 RHS Review of Brown's Mamormxlum re: dwas tecum 0,30 165.001hr 49.50 215862 09105116 RHS Attendance at the video deposition ofMichaal Brown. 3.90 165.001hr 643.30 215863 08V05116 RHS Initial review and analysis of CnYS Notice of Compliance to 0.20 165.00/hr 33,00 215944 Ryan!s Request for copies {w/o review of responses to SDT)d 0N5116 RHS Review of records ftom Boynton Eye lhstittdc, Subway and 0.30 10.001hr 49.50 215965 wa Solutions. 08/05/16 RHS Review Heirris! Response to First Request for Production ftm 0.20 165.001hr 33.00 216066 HOMY. 08105/16 RH8 Review and amlyuis of Notice of ConcelkWon of Deposition of 0.10 165.001hr 16,50 216067 Chief Ks" 08105/16 RHS Review and analysis of Amended Notices of Taking Video 0,20 165.001hr 33.00 216070 Deposition of Stephen Malorino and Matthew Modeiroa V1 1/2016. 08105116 RHS Review and analysis of City's Notice of Compliance to Ryon, 0.20 165.00/hr 33.00 216072 Hwris, MaJorino and lustin Harris! Request for Copies wi/o attachmentL 08/05/16 RHS Review and analysis of Endorsed Order Setting Discovery Hearing 0.10 165.001hr 16.50 216080 [DE 92], hWn Offim (954) 66D-98$9 F&K (954) 760-9531 Page 269 of 482 08/08/16 RHS Review of Plaintiffs Expert Witness Disclosures: Dr. Craig 1.10 165,01hr 181-50 215865 Lichthlou. 08MI16 RHS Review of -m 'la ftm counsel re: depositions whodul4 030 165.001hr 49.50 215967 discovery homing and agreement as to both. a 11 RES Review of Notice of Deposition of CWcf Katz for &29/2016. 0.10 165.00/hr 16,50 215868 08109116 RHS Review of loner fi-orn Attorney Repolds to Magistrate Judp 0.20 165.00/hr 33,00 215869 Brannon re. proposed Agreed Order re. Motion fbr Physicel Examination and Motion to talm Deposition of Plaintiff. 09111116 RHS Pre4eposition con*ronce with Ron Ryan and Jason of and 7.50 165.001hr 1,237.50 216041 attadance at the depositions of Ron Ryan, Matthew Madeiros and Stephen Maiorino. 08111/16 RHS Pirviaw of Minute Entry re: Discovery Hearing. [DE 931 0.10 165.00ft 16.50 216045 08/11116 RHS Review and anclysis of Notice of Taldng Deposition cosDuTecum 0.10 165-00/hr 16-50 216088 of Dr. Cnft Liubtblum &7A/2016. 08/12116 RHS Review of Order Authorizing ftyakal Examination of the Plaintiff. 0.20 165.Oaft 33-00 216046 [DE 941 Total Fees for Professional S=Am 34.00 S5,610,00 Lorti-1-73 07115116 RHS Rcimbursamour, Attend Travol to United Son District Court in WPB; Parking -$2.00, MiloaW$48.60 (90 miles @ $,54/per mile). 08105116 RHS Raimburmnent; Attend Deposition of Brown, Ryan, Mcdairos and Msiorino in West Palm Box* FL4 ii 50.76 (94 miles @ $0.34/por mile) Total &Monal c Total amount of tWs bill am Mean Offloo (954) 660-9881 Fox (954) 760-9531 50.60 50.76 $101.36 $5,711.36 Page 270 of 482 FJT, rr i --tulp ji 422221.0001 Invoice: 159 Page 8 Summary of Few LIAM _0 Rc�Wrt H. 34.DO !.00;10.00 VFIM =017 Page 271 0 482 MCINTOSH SCHWARTZ, P.L. ATTORNEYS AT LAW see cUTHR;Aav 3RD AVEMUF SUIM 201 Julie Oldbury Director of Human Resources & Risk Mgmt City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Reference; Climat #422221.0001 Harris, Byron v. City of Boynton Beach, et,al. Professional a is September 15,2016 15923 Page: I Vair ID i► 08/15/16 RHS Review and analysis of letter from Attorney Reynolds with City's 0.10 165.00/hr 16.50 216323 Supplement to Motion for Physical Examination and proposed Agreed Order. 08/15/16 RNS Review and analysis of Order Authorizing Recorded Deposition of 0.20 165.00/hr 33.00 216404 Plaintiff [DE 95], 08/15/16 RHS Review and analysis of Notice of'raking Deposition of Leif 0.10 165.00/hr 16.50 216410 Broberg 8/31/2016, 08/I5/16 RHS Review City's Notice of Taking Videotaped Deposition of Byron 0.10 165.00/hr 16.50 216452 Harris, 08/16/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 0.10 165.00/hr 16.50 216530 of Cynthia Rivera. 08/16/16 RHS Review and analysis of Cross Notice of Taking Deposition of Leah 0.10 165.00/hr 16.50 216531 Rebekah Devery. 08/16/16 RI -IS Review and analysis of Cross Notice of Taking Deposition of Jeff 0.10 165.00/hr 16.50 216532 Braswell, 08/16/16 RES Review and analysis of Cross Notice of Taking Deposition of Dr. 0.10 165.001hr 16.50 216533 Brianna Garrett. 08/16/16 RHS Review and analysis of Cross Notice of Taking Deposition of Dr, 0.10 165.00/hr 16.50 216534 Carol Adami. McIntosh Schwartz, P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 760-9531 Page 272 of 482 September 15, 2016 422221.0001 Invoice, 15923 Page 2 08/16/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 216535 0.10 165.00/hr of Maged S. Habib, M.D. 08/16/16 RHS Review and analysis of Harris' Second Request for Production to 216536 0,10 165.00/hr the City. 08/17/16 RHS Review and analysis of Notice of Taking Deposition of Justin Roth 216577 13.10 165.001hr Harris. 08/17/16 RHS Review and analysis of Notice of Taking Deposition of Cory 216578 0.10 I 65.001hr Emanuel Gray. 08/17/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 216579 0A0 165.00/hr of Charles Ramos, 08/17/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 216580 of Robin Eichorst. 08/17/16 RHS Review and analysis of Amended Notice of Taking Video 216581 Deposition Dunes Tecum of Captain DeGuilio. 08/18/16 RHS Review and analysis of Amended Notice of Taking Videotaped 216686 Deposition Duces Tecum of Byron Karp. 08/18/16 RHS Attendance at the Video deposition of Byron Harris. 218442 08/19/16 RHS Review and analysis of Harris' Re -Notice of Taking Video 216951 Deposition Duces Tecum of Officer Alfred Martinez 8/23/2016. 08/I9/16 RHS Review and analysis of City's CrossNotice of Taking Deposition 216952 Duces Tecum of Maged Habib. 08/19/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 217047 of Stephanie Slater 81/23/2016. 08/19/16 RHS Review and outline the FBI video statements of Byron Harris, 218445 Jeffrey Williams and Jeffrey Braswell. 08/22/16 RHS Review and analysis of Notice of Taking Video Deposition Duces 217111 Tecum of Jeffrey Williams 812612016. 08/22/16 RHS Initial review and analysis of letter from Attorney Reynolds 217171 together with deposition transcript of Michael Brown. 0.10165.00/hr 16.50 0.10165.00/hr 16.50 0.10 165.00/hr 16.50 0.10 165.00/hr 16.50 0.10165.00/hr 16.50 0,10 165.00/hr 16.50 0.10 165.00/hr 16.50 0,10 165.00/hr 16.50 13.10 165.001hr 2,161.50 0.10165,00/hr 16.50 0.10 165.00/hr 16.50 0.10 I 65.001hr 16.50 4.90 165.00/hr 808.50 0.10165.00/hr 16.50 0A0 165.00/hr 66.00 McIntosh Schwartz, P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 760-9531 Page 273 of 482 September 15, 2016 422221.0001 Invoice: 15923 Page 3 08/22/16 RHS Review and analysis of Harris' Third Request for Production to the 217172 City. 08/23/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 217402 Patrick Monteith 8126/2016. 08/23/16 RHS Attendance at the depositions of Stephanie Slater and Alfred 218441 Martinez. 08/24/16 RHS Review and analysis Medeiros' Request for Copies to City. 217443 08124/16 RH S Review and analysis of Medeiros' Request for Copies to J. Harris. 217445 08/24/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 217531 Dr. Dorsainvil. 08/24/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 217532 Dr. Montes de Oca. 08/24/16 RHS Review and analysis of Notice of Taking Video Deposition Duces 217533 Tecum of Roy Bedard. 08/24/16 RHS Attendance at the video depositions of Sergeant Antico (NIA), 218437 Video deposition of Major Kelly Harris and deposition of CSI Robin Eichorst. 08/25/16 RHS Review and analysis of Harris' Unopposed Motion to Exceed Ten 217625 Depositions. [DE 96] 08/25/16 RHS Attendance at the depositions of Cynthia Rivera, Justin R. Harris 218432 and Charles Ramos. 08/26/16 RHS Review and analysis of letter from Attorney Reynolds regarding 217756 depositions of Medeiros, Maiorino and Ryan. 08/26/16 RHS Attendance at the deposition of Patrick Monteith and the video 218428 deposition of Jeffrey Williams. 08/29/16 RHS Review and analysis of Endorsed Order Granting Unopposed 218015 Motion to Expand Number of Depositions. [DE 971 0.20165.00/hr 33.00 0.10165.00/hr 16.50 4.20 165.00/hr 693.00 0.10165.00/hr 16.50 0.I0165.00/hr 16.50 0.10 165.00/hr 16.50 0.10165.00/hr 16.50 0.10 165.00/hr 16.50 8.90 165.00/hr 1,468.50 0.10165.00/hr 16.50 7.90 165.00/hr 1,303.50 0.10 165.00/hr 16.50 5.70165,00/hr 940.50 0.10 165.00/hr 16.50 McIntosh Schwartz, P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 760-9531 Page 274 of 482 11! Invoice- 15923 Page 4 08/29/16 RHS Attendance at the Video Deposition of Chief Jeffrey Katz.. (via 218425 0,20165.00/hr telephone). 08/30/16 RHS Review and analysis of Amended Notice of Taking Deposition of 218107 3.60 165.00/hr Leif Erik Broberg 9/912016. 08/30/16 RHS Review and analysis of Harris' Supplemental Rule 26a Disclosures. 218109 08/30/16 RHS Attendance at the video depositions of Justin Harris and Captain 218420 Joseph DeGulio. 08/30/16 RHS Preparation for and attendance at he deposition of Dr. Craig 218423 Lichtblau (via telephone). 08/31/16 RHS Attendance at the deposition of PBSO Deputy Cory Gray. 218418 08/31/16 RHS Review and analysis of Amended Notice of Taking Deposition of 218457 Leah Rebekaj Devery 9/6/2016, 08/31/16 RHS Review and analysis of Re -Notice of Taking Video Deposition 218458 Duces Tecum of Sergeant Philip Antico 919/2016, 3,50165,00/hr 577.50 0.10165.00/hr 16.50 0,20165.00/hr 33.00 7,70165,00/hr 1,270.50 3.60165.00/hr 594.00 3.60 165.00/hr 594.00 0.10165.00/hr 16.50 0.10 165.00/hr 08/31/16 RHS Review and analysis of City's Request for Copies to J. Harris regard 0.10 165.00/hr 218578 Notice of Document Subpoena dated 7/2912016. 16.50 16.50 09/01/16 RHS Review and analysis of City's Notice of Production from Non-party 0.30 165.00/hr 49.50 218919 with attached Subpoenas directed to six providers. 09/01/16 RHS Attendance at the Video depositions of Jeffrey Braswell (not 11.30 165,00/hr 1,864,50 219593 completed) and Ashley Hill. Charlene Edwards did not appear, 09/02/16 RHS Review and analysis of Harris' Request for Copies to the City 0.10 165.00/hr 16.50 218935 regarding Notice of Production from Non -Party, 09/02/16 RHS Review and analysis of City's Notice of Production from Non -Party 0.20 165.00/hr 219056 with attached Subpoenas (3), 09/06/16 RHS Review and analysis of Re -Notice of Taking Video Conference 0.10 165.00/hr 219113 Deposition of Roy Bedard 9/8/2016, 09/06/16 RHS Review and analysis of Re -Notice of Taking Deposition of Leah 0.10 165.00/hr 219156 Rebekah Devery 9112/2016. McIntosh Schwartz, P.L. 888 Southeast3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 760-9531 33.00 16.50 16.50 Page 275 of 482 September 15, 2016 422221.0001 Invoice: 15923 Page 5 09/06/16 RHS Review and analysis of letter from Attorney Reynolds confirming 219191 2.20165.00/hr defendants and plaintiffs agreement to extend discovery cutoff to 0.10165.00/hr 16.50 September 30, 2016. 09/06/16 RHS Telephonic conference of defense counsel re: remaining discovery 219344 16.50 issues and retention of expert witness by City. 09/06/16 RHS Attendance at the Video deposition of Byron Karp. (via telephone). 219592 16.50 0.10165.00/hr 09/07/16 RHS Preparation for the deposition of Mr, Bedard. Detailed review and 219104 analysis of his report and a prior deposition. (Brown v. Lour). 09/07/16 RHS Review and analysis of the City's Notice of Conflict January 23 219307 February 3, 2017. 09/07/16 RHS Attend the depositions of Dr. Pierre Dorsainville and Dr. Manuel 219316 Mones de Ocs (via telephone) 09/08/16 ' RHS Prepare Ryan's Notice of Conflict of Trial 1/23/2017 - 213/2017. 219308 09/08/16 RHS Review and analysis of Subpoenas to Testify in Civil Action 219378 directed to Dr. Dorsainvil and Dr. Mantes deOca, 09/08/16 RHS Attendance at the Video deposition of Roy Bedard (via telephone) 219385 09/08/16 RHS Review and analysis of the City's Expert Witness Disclosure 219443 09/09/16 ' RHS Prepare Ryan's Request for Copies to City. 219446 09/09/16 RHS Review and analysis of Medeiros' Notice of Unavailability. 2I9544 09/09/16 RHS Attendance at the deposition of Leif Broberg and the Video 219595 depositions of PBSO Sergeant Musto and Sergeant Antico. 09/09/16 RHS Review and analysis of the City's Notice of Compliance to Horny, 219662 Maiorino, Medeiros and Ryans Requests for Copies (x's 8). 0.10165.00/hr 16.50 0.40 165.00/hr 66.00 1.40165.00/hr 231.00 2.20165.00/hr 363.00 0.10165.00/hr 16.50 4.80165.00/hr 792.00 0.20 165.001hr 33.00 0.10165.00/hr 16.50 4.40165,00/hr 726.00 0.20165.001hr 33.00 0.10165.00/hr 16.50 0.10165.00/hr 16.50 9.20165.001hr 1,518.00 0.10 165.001hr McIntosh Schwart4 P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 760-9531 16.50 Page 276 of 482 September 15, 2016 422221.0001 Invoice: 15923 Page 6 09/09/16 RHS Review and analysis of Medeiros' Request for Copies to City 0.10 165.00/hr I6.50 219663 regarding Notice of Production from Non -Party dated 911 and 9/2/2016, 09/09/16 RHS Review and analysis of Second Notice of Taking Deposition and 0.10 165.001hr 16.50 219664 Subpoena directed to Jeffrey Braswell 9/16/2016, 09/12/16 RHS Attendance at the deposition of Officer Cory Herny. (via telephone) 2.70 165,001hr 445.50 219700 09/12/16 AHS Review and analysis of Re -Notice of Taking Deposition Duces 0.20 165.00/hr 33.00 219735 Tecum and Subpoena to Testify directed to Dr. Carol Adami 9/16/2016. 09/12/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 0.20 165.00/hr 33.00 219736 and Subpoena to Testify directed to Dr. Brianna Garrett 9/16/2016. 09/12/16 RHS Review and analysis of Harris' Fourth Request for Production to the 0.10 165,00/hr 16.50 219737 City. 09/12/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 0,10 165.00/hr 16,50 219738 of Dr. Michael zeide. 09/12/16 RHS Review and analysis of Maiorino's Request for Copies to J. Harris, 0.10 165.00/hr 16.50 219751 Herny and the City regarding Subpoena dated 7/2912016, Notice of Production from Non -Party 4/7/2016 and Notice of Production from Non -Party dated 7/28 and 912/2016, 09/13/16 RHS Review and analysis of letter from Attorney Reynolds regarding 0.10 165.00/hr 16.50 219906 deposition transcripts. Total Fees for Professional Services 106.60 08/12/16 RHS Vendor; U.S. Legal Support, Inc.; Tax ID#76-0523238; Invoice #1344274; Deposition Transcript of Officer Michael Brown with exhibits. 08/18/16 RHS Reimbursement; Travel to Palm Beach County Sheriffs Office, Main Detention Center in West Palm Beach to attend deposition of Byron Harris; Mileage -$48.60 (90 miles @ $.54/per mile) 08/23/16 RHS Reimbursement; Travel to U.S, Legal Support in West Palm Beach to attend depositions of Stephanie Slater and Alfred Martinez•, Mileage,450.76 (94 miles @ $.54/per mile) McIntosh Schwartz, P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main office (954) 660-9888 Fax (954) 760-9531 $17,589.00 377.00 48,60 50.76 Page 277 of 482 September 15, 2016 422221.0001 invoice. 15923 Page 7 08/24/16 RHS Reimbursement; Travel to U.S, Legal Support in West Palm Beach to attend depositions of Sergeant Philip Antico, Major Kelly Harris, Robin Eichorst; Mileage -$50.76 (94 miles @ $.54/per mile) 08/24/16 RHS Reimbursement; Travel to U.S. Legal Support in West Palm Beach to attend depositions of Sergeant Philip Antico, Major Kelly Harris, Robin Eichorst; Mileage -$50.76 (94 miles @ $54/per mile) 08/25/16 RHS Reimbursement; Travel to U.S. Legal Support in West Palm Beach to attend depositions of Cynthia Rivera, Justin Harris, Charles Ramos; Mileage -$50.76 (94 miles @ $.54/per mile) 08/26/16 RHS Reimbursement; Travel to U.S. Legal Support in West Palm Beach to attend depositions of Patrick Monteith; Mileage -$50.76 (94 miles @ $,54/per mile) 08/30/16 RHS Reimbursement; Travel to US Legal Support in West Palm Beach to Attend Depositions of Justin Hams, Captain DeGuilo and Dr. Lichtblau; Mileage -$50.76 (94 miles @ $.54/per mile) 08/31/16 RHS Reimbursement; Travel to US Legal Support in West Palm Beach to Attend Deposition of Cory Gray; Mileage -$50.76 (94 miles @ $,54/per mile) Total additional charges Total amount of this bill Name ami Pte_ 1.,li 106.60 165.00 McIntosh Schwartz, P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660.9888 Fax (954) 760-9531 50.76 50.76 50.76 50.76 50,76 50.76 $78€},02 $18,369.92 $17,589.00 Page 278 of 482 U.S. Legal Support, Inc. 444 West Railroad Avenue Suite 300 West Palm Beach FL 33401 Phone: 561-835-0220 Fax:561-835-3583 Lyman Reynolds, Jr., Esquire Roberts, Reynolds, Bedard & Tuzzio, P. L. L. C. 470 Columbia Drive Building C 101 West Palm Beach FL 33409 1 CERTIFIED COPY OF TRANSCRIPT OF: Officer Cory Herny Transcript E -cd Litigation Support Package Condensed Transcript Processing/Delivery Officer Cory Herny Exhibit Exhibit Exhibits - Color 120.00 Pages @ 3.35 402.00 40.00 40.00 20.00 20.00 45.00 45.00 12.00 Pages @ 0.60 7.20 2.00 Pages @ 1,25 2.50 TOTAL DUE >>> $516.70 AFTER 11/12/2016 PAY $594.21 - ay en / l -. 0.00 (- Finance Charges/ Debits.- 0.00 New elan .7 Invoices not paid by due date will be subject to interest of I, 5% per rnonth, We will make reasonable efforts to air to payments propedy, Any rights regarding all tions, ® refunds r a u�tr�en a r 90 days i F Yrroe �t Steell be vraNed by pa r. -- •301fift1w., Please detach bottom portion and return with pag-mens. Lyman Reynolds, Jr., Esquire Roberts, Reynolds, Bedard & Tuzzio, P.L.L.C. 470 Columbia Drive Building C 101 West Palm Beach FL 33409 Remit P.O. Box 4772-12 Houston i Job No. 1450384 BU ID :53 -WPB Case No. 916CV80148RLR Case Name Byron Harris, Jr. vs. City of Boynton Beach Invoice No, 1358711 Invoice Date :9/28/2016 Total Due $ 51,6.70 Support,U.S. Legal Railroad444 West Avenue Suite 0 West Palm Beach FL 33401 Phone: 561-835-0220 Fax:561-835-3583 Lyman Reynolds, Jr., Esquire Roberts, Reynolds, Bedard & Tuzzio, P,L.L.C, 470 Columbia Drive Bufldfng C 101 West Palm Beach FL 33409 9/12/2016 16CV80148RLR Case Name Byron Harris, Jr. vs. City of Boynton Beach ORIGINAL TRANSCPJPT OF: Leah Devery Transcript 60.00 Pages 4.45 267,00 Attendance - First Hour Additional Hour(s) 95.00 95.00 E -cd Litigation Support Package 0.50 @ 65.00 32.50 Condensed Transcript 40.00 40.00 Processing/Delivery 20.00 20,00 Leah Devery Exhibit 45.00 45.00 Exhibit 30.00 Pages @ 0.60 18.00 Exhibits - Color 2.00 Pages @ 1.25 2.50 TOTAL WJE AFTER 11/11/2016 PAY $548,00 (wPayments/Credits., 0.00 Fin / Debits: 0.00 =) New Balance:, Invoices not paid by due date voll be subject to Interest or 1.5% per month, We MY make reasonabW effo to Ml to payments properly. Any rights regarding allocations, refunds ordj gents aiCr 90 days from a �rrnt sPraii 4�a�i fr Heyer Lyman Reynolds, Jr., Esquire Roberts, Reynolds, Bedard & Tuzzfo, P,L,L.C, 470 Columbia Drive Building C 101 West Palm Beach FL 33409 Remit P.O. Box 4772-12 Houston TX 77210-4772 Phone: 561-688-6560 Fax:561-688-2343 Please detach bottom portion and return with payment. Job No. . 1465163 8U ID :53 -WPO Case No. 916CV80148RLR Case Name Byron Harris, Jr. vs. City of Boynton Beach Invoice No, 1358276 Invoice Date :9/27/2016 Total Due520.00 1 R• M rr .> 182 6.G. CONSENTAGENDA 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2015-2016 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ending August 31, 2016. EXPLANATION OF REQUEST: This report summarizes the estimated funding sources and the adopted expenditure budgets for the City's General Fund and Utility Fund for the eleven (11) month period ended August 31, 2016 (92% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $5.OM surplus for the period ending August 31, 2016. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $60.1 M or 78% of our total $76.5M General Fund budget estimate for FY 2015-16. Transfers from other funds (non -revenues) provide $16.4M or 22% of the total funding sources to balance our $76.5M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 29AM —Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 30.7M —All other revenues plus General Fund Balance 3. 22% - $ 16.4M — Transfers from other funds Page 281 of 482 FY 2015-16 FY 2014-15 FY 2016 vs. 2015 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 76,518 $ 74,797 98% $ 73,794 $ 72,894 99% 3.7% 2.6% &Transfers Expenditures $(76,518) $(64,774 91% $(73,794) $(65,430) 89% 3.7% 6.6% Excess (Deficit) $ - $ 5,023 $- $ 7,464 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $5.OM surplus for the period ending August 31, 2016. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $60.1 M or 78% of our total $76.5M General Fund budget estimate for FY 2015-16. Transfers from other funds (non -revenues) provide $16.4M or 22% of the total funding sources to balance our $76.5M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 29AM —Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 30.7M —All other revenues plus General Fund Balance 3. 22% - $ 16.4M — Transfers from other funds Page 281 of 482 100% - $ 76.5M - Total funding sources The property tax rate for FY 2015-16 is 7.9000 mills, no change from the prior year; the net property taxes of $29AM in FY 2015-16 represent an 8.6% increase in property tax revenue or an increase of $2.3M from FY 2014-15. To balance the budget in FY 2015-16, it required transfers from other funds of $16.4M representing 22% of all funding sources. Actual Funding Sources Realized: At the end of the eleventh month in FY 2015-16, revenues and transfers realized are approximately $74.8M of the budget estimate compared to $72.9M realized to date in FY 2014-15. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $29.6M as compared to $26.9M for FY 2014-15, as noted on Exhibit A. Other Revenues: The five major revenue sources (other than property taxes): 1. Franchise Fees realized was $4.22M or 87% actually collected compared to a similar amount of $4.28M or 97% in FY 2014-15. 2. Business Taxes are due at the beginning of the fiscal year. For FY 2015-16, approximately $1.71M or 111 % have been collected compared to the FY 2014-15 amount of $1.75M or 103%. 3. State Shared revenues of $7.43M or 90% have been collected in FY2015-16 as compared to $7.36M or 95% received in FY 2014-15. 4. Public Safety revenues at this point collected are $5.49M or 113% received compared to $5.18M or 118% for FY 2014-15. 5. Special Assessment revenues, related to Fire and Rescue, in the amount of $5.63M or 102% have been collected compared to $5.58M or 101% in FY 2014-15. Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Note: if a surplus will be realized in FY2015-16 the Fund Balance transfer amounts will not be required. Exoenditures (Exhibit B Budgeted Expenditures: Overall, appropriations increased approximately 3.7% from $73.8M to $76.5M. The budget increase was due to the cost of doing business, providing funding related to wage increases and increased pension contribution. Actual Expenditures - General Fund expenditures for the eleven month period ending August 31 (92% of the fiscal year) are $69.7M which is 91% of the $76.5M expenditure appropriation for FY 2015-16. Note: the City's annual pension obligations for General Employees, Fire, and Police are paid in the first month of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $69.7M or 91% of the FY 2015-16 budget. At this point in the fiscal year, FY2015-16 spending levels are $4.3M ahead of the $65AM or 89% expended in FY 2014-15 for this same period. Note: at this point in time General Fund encumbrances totaled $873K. UTILITY FUND The FY 2015-16 annual expenditure budget of $42.2M represents a $1.9M increase from the FY 2014-15 budget of $40.3M. The operational forecast reflects an estimated decrease of $56K of the fund balance for FY 2015-16. Page 282 of 482 For the eleven month period in FY 2015-16, • Revenues realized are $41.3M (98%) of the annual budget estimate. • Expenditures incurred are $36.8M (87%) of the annual appropriated budget. This resulted in revenues in excess of expenditures yielding a surplus of approximately $4.5M The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $41.3M in FY 2015-16 actual revenues and fund balance reflect an increase compared to the $40AM in FY 2014-15, because of the following factors: • Water Sales - $19.5M equivalent to 100% of the annual estimate, compared to $18.9M or 103% at this point in FY 2014-15. • Water Service Charge - $808K equivalent to 108% of the annual estimate, compared to $837K or 167% at this point in FY 2014-15. • Sewer Service - $17.2M equivalent to 96% of the annual estimate, compared to $16.5M or 96% at this point in FY 2014-15. Expenditures (Exhibit D) — Utility Fund FY 2015-16 expenditures to date are $36.7M or 87% of the annual appropriation compared to expenditures of $34.6M or 86% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Note: at this point in time Utility Fund encumbrances totaled $713K. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 283 of 482 FY 2015-16 FY 2014-15 FY 2016 vs. 2015 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 42,218 $ 41,326 98% $ 40,341 $ 40,406 100% 4.7% 2.3% &Transfers Expenditures $(42,218) $(36,792) 87% $(40,341) $(34,631) 86% 4.7% 6.2% Excess (Deficit) $ - $ 4,534 $ - $ 5,775 For the eleven month period in FY 2015-16, • Revenues realized are $41.3M (98%) of the annual budget estimate. • Expenditures incurred are $36.8M (87%) of the annual appropriated budget. This resulted in revenues in excess of expenditures yielding a surplus of approximately $4.5M The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $41.3M in FY 2015-16 actual revenues and fund balance reflect an increase compared to the $40AM in FY 2014-15, because of the following factors: • Water Sales - $19.5M equivalent to 100% of the annual estimate, compared to $18.9M or 103% at this point in FY 2014-15. • Water Service Charge - $808K equivalent to 108% of the annual estimate, compared to $837K or 167% at this point in FY 2014-15. • Sewer Service - $17.2M equivalent to 96% of the annual estimate, compared to $16.5M or 96% at this point in FY 2014-15. Expenditures (Exhibit D) — Utility Fund FY 2015-16 expenditures to date are $36.7M or 87% of the annual appropriation compared to expenditures of $34.6M or 86% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Note: at this point in time Utility Fund encumbrances totaled $713K. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 283 of 482 ATTACHMENTS: Type D Addendum REVIEWERS: Department Finance Finance City Manager Description GF Revenues for the Period Ended August 31, 2016 GF Expenditures for the Period Ended August 31, 2016 OF Revenues for the Period Ended August 31, 2016 OF Expenditures for the Period Ended August 31, 2016 Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 10/1612016 - 3:31 PPA 1011612016 - 3:32 PPA 1011412016 - 10:07 AKA Page 284 of 482 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31, 2016 (92% of Fiscal Year) $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2014-15 Actual Cumulative 2015-16 Actual -2015-16 Budget S:AFinan TinancialRep ortsWonthlyFinancialRep orts\FY2015-2016\BudgetReview-GF-flimAugust l6Sumni ized001RevenueSummaryRevised Page 285,of 482 REVENUE FY 2015-16 FY 2015-16 TO DATE FY 2014-15 FY 2014-15 TO DATE ACCOUNTS REVENUE % REVENUE % APPROVED $ 35,337,711 REALIZED $ 35,627,656 REALIZED 101% APPROVED $ 32,204,232 REALIZED 32,099,099 REALIZED 100% AD VALOREM TAXES, net LESS TIF TAXES TO CRA 5,985,241 (5,971,583) 100% 5,186,878 (5,181,655) 100% NET TAXES TO THE CITY 29,352,470 29,656,073 101% 27,017,354 26,917,444 100% LICENSES AND PERMITS BUSINESS TAXES 1,545,000 1,713,955 111% 1,690,000 1,747,260 103% BUILDING PERMITS 2,154,000 2,438,517 113% 2,415,000 2,275,280 94% FRANCHISE FEES 4,830,000 4,219,507 87% 4,420,000 4,276,418 97% OTHR LICENSES, FEES & PER 180,000 218,790 122% 170,000 183,625 108% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 130,000 41,422 32% 55,000 75,266 137% STATE SHARED REVENUES 8,239,000 7,436,420 90% 7,724,000 7,365,215 95% SHRD REV FROM OTHR LCL 395,000 171,053 43% 440,000 292,736 67% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 120,133 99% 104,000 121,647 117% CHRGS-GENERAL GOVT 459,000 447,190 97% 616,798 605,612 98% PUBLIC SAFETY 4,870,949 5,492,067 113% 4,383,605 5,189,523 118% PHYSICAL ENVIRONMENT 20,000 17,689 88% 20,000 7,993 40% CULTURE/RECREATION 410,500 413,950 101% 353,000 410,034 116% INTEREST & MISC REVENUE LIBRARY FINES 30,000 19,610 65% 30,000 18,212 61% VIOLATIONS LOCAL ORD. 595,000 626,582 105% 603,860 893,426 148% INTEREST EARNINGS 50,000 107,449 215% 50,000 70,563 141% RENTS AND ROYALTIES 367,200 305,087 83% 351,000 283,240 81% SPECIAL ASSESSMENTS 5,541,500 5,632,819 102% 5,542,000 5,581,578 101% SALE OF SURPLUS MATERIAL 2,000 2,129 106% 2,000 737 37% OTHER MISC. REVENUE 233,000 231,612 99% 237,000 410,801 173% INTERNAL FUND TRANSFERS TRANSFERS 16,442,000 15,071,833 92% 16,518,000 15,295,058 93% FUND BALANCE APPROPRIATED 450,645 413,091 92% 951,781 872,466 92% Total Revenues $ 76,418,564 $ 74,796,978 98% $ 73,694,398 72,894,134 99% $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2014-15 Actual Cumulative 2015-16 Actual -2015-16 Budget S:AFinan TinancialRep ortsWonthlyFinancialRep orts\FY2015-2016\BudgetReview-GF-flimAugust l6Sumni ized001RevenueSummaryRevised Page 285,of 482 S: pinancepinanciat ReportsAlonthty Financial ReportspY2015-2016\13udget Review - GF - thru August 16 Summarized001 Expenditure Summary Revised Page. 28&iof 482 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31, 2016 (92% of Fiscal Year) EXPENDITURES FY 2015-16 FY 2015-16 TO DATE FY 2014-15 FY 2014-15 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 260,692 $ 199,722 77% $ 252,374 $ 202,627 80% CITY MANAGER 585,310 618,415 106% 631,275 585,813 93% CITY HALL/GEN. ADMIN. 3,326,639 2,004,440 60% 2,121,218 1,680,176 79% MARKETING/COMMUNICATIONS 234,811 209,189 89% 180,646 113,246 0% CITY CLERK 611,709 520,610 85% 565,942 483,737 85% CITY ATTORNEY 600,944 553,095 92% 596,893 470,073 79% FINANCIAL SERVICES 1,175,704 1,063,639 90% 1,163,228 1,056,595 91% ITS 2,036,828 1,724,220 85% 1,917,477 1,589,967 83% HUMAN RESOURCES 755,200 588,271 78% 735,597 627,475 85% PUBLIC SAFETY UNIFORM SERVICES 13,759,178 14,446,559 105% 13,682,226 12,239,979 89% ADMINISTRATIVE SERVICES 7,319,636 4,660,831 64% 7,023,314 6,187,473 0% SUPPORT SERVICES 8,382,483 8,189,272 98% 8,582,994 7,717,124 0% FIRE 21,927,587 21,263,773 97% 21,473,553 19,650,524 92% EMERGENCY MANAGEMENT 81,914 14,328 17% 46,914 11,693 25% BUILDING & DEVELOPMENT DEVELOPMENT 1,013,150 935,786 92% 892,532 801,736 90% BUILDING 1,184,195 1,059,164 89% 1,183,613 924,186 78% ENGINEERING 675,777 651,392 96% 689,856 640,938 93% PLANNING & ZONING 737,498 703,771 95% 700,921 651,609 93% ECONOMIC DEVELOPMENT 265,731 173,080 65% 223,339 196,398 88% PUBLIC WORKS PUBLIC WORKS 221,695 213,445 96% 231,907 211,610 91% FACILITIES MANAGEMENT 1,611,462 1,333,031 83% 1,529,462 1,320,252 86% STREETS MAINTENANCE 1,085,307 962,814 89% 1,119,169 955,395 85% LEISURE SERVICES LIBRARY 2,261,401 2,086,275 92% 2,234,621 1,998,756 89% SCHOOLHOUSE MUSEUM SERV 301,653 288,696 96% 336,444 312,990 93% RECREATION 2,974,429 2,736,725 92% 2,927,630 2,659,012 91% PARKS & GROUNDS 3,127,631 2,515,679 80% 2,751,253 2,118,265 77% CRA REIMBURSABLE & RESERVES - 58,126 0% 0 22,793 0% Total Expenditures $ 76,518,564 $ 69,774,348 91% $ 73 794 398 $ 65,430,442 89% S: pinancepinanciat ReportsAlonthty Financial ReportspY2015-2016\13udget Review - GF - thru August 16 Summarized001 Expenditure Summary Revised Page. 28&iof 482 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31, 2016 (92% of Fiscal Year) S:\Finance\Financial Reports\Monthly Financial Reports\FY2015-2016\Budget Review - OF - thru August 16 Summariz d401 Rev Sum Page 287 of 482 REVENUES FY 2015-16 FY 2015-16 TO DATE FY 2014-15 FY 2014-15 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED $ 19,490,000 REALIZED $ 19,519,899 REALIZED 100% APPROVED $ 18,400,000 REALIZED $ 18,930,573 REALIZED 103 WATER SALES WATER CONNECTION FEE 25,000 47,975 192% 10,000 36,370 364 WATER SERVICE CHARGE 750,000 808,205 108% 500,000 837,435 167 WTR-BACKFLOW PREVNTR TEST 5,000 22,300 446% 5,000 6,750 135 RECLAIMED WATER SALES 60,000 56,775 95% 40,000 62,204 156 SEWER SERVICE 17,988,000 17,223,105 96% 17,254,000 16,553,033 96 STORMWATER UTILITY FEE 3,790,000 3,462,640 91% 3,610,000 3,471,951 96 TELEVISE SEWER LINES 2,500 12,857 514% 7,000 15,439 221 FEES 10,000 36,854 369% 10,000 38,326 383 INTEREST INCOME 40,000 43,460 109% 50,000 29,517 59% SALE OF SURPLUS EQUIP. - 1,403 0% - 1,837 0 OCEAN RGE UT TAX ADM CHG 800 813 102% 800 705 88 BAD DEBT RECOVERIES 500 - 0% 500 - 0 MISCELLANEOUS INCOME - 38,377 0% - 5,045 0% TRANSFER FROM SANITATION FUND - - 0% 101,000 92,583 92 FUND BALANCE DECREASE (INCREASE) 56,108 51,432 92 % 353,230 323,794 92 TOTAL REVENUES $ 42 217 908 $ 41,326,095 98% $ 40,341,530 $ 40,405,562 100 S:\Finance\Financial Reports\Monthly Financial Reports\FY2015-2016\Budget Review - OF - thru August 16 Summariz d401 Rev Sum Page 287 of 482 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31, 2016 (92% of Fiscal Year) EXPENDITURE FY 2015-16 FY 2015-16 TO DATE FY 2014-15 FY 2014-15 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED $ 1,659,754 $ 1,487,307 90% APPROVED EXPENDED $ 1,533,357 $ 1,263,797 82% WATER DISTRIBUTION PUBLIC WATER TREATMENT 5,691,571 4,739,572 83% 5,595,214 4,658,849 83% METER READING & SERVICES 1,208,362 950,100 79% 931,685 800,738 86 WASTEWATER COLLECTION 1,720,597 1,452,443 84% 1,605,462 1,267,852 79% WASTEWATER PUMPING STATNS 2,622,842 2,208,900 84% 2,416,722 2,064,973 85% SEWAGE TREATMENT 4,405,000 3,531,511 80% 4,600,000 3,843,660 84% WATER QUALITY 662,894 593,455 90% 706,548 647,412 92 UTILITY ADMINISTRATION 14,472,294 12,838,670 89% 12,940,399 11,394,048 88% UTILITES ENGINEERING 1,150,746 1,174,904 102% 1,324,956 1,109,789 84% STORMWATER MAINTENANCE 978,291 848,055 87% 1,020,884 665,679 65% CUSTOMER RELATIONS 1,562,822 1,315,772 84% 1,581,519 1,265,780 80% DEBT SERVICE 6,082,735 5,651,311 93% 6,084,784 5,647,977 93 Total Expenditures $ 42,217,908 $ 36,792,000 87% $ 40,341,530 $ 34,630,554 86% S:\Finance\Financial Reports\Monthly Financial Reports\FY2015-2016\Budget Review - OF - thru August 16 Summariz d401 Exp Sum Page 288 of 482 6. H. CONSENTAGENDA 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 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 October 18, 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 Office Depot and Office Supplies State of FL Contract October 17, 2016 to Staples 618-000-11-1 April 17, 2017 Penn Credit Corp. Debt Collection Services Piggyback City of October 17, 2016 to Lakeland, FL RFP October 16, 2017 No. 1202 Diamond Fertilizer; Fertilizer SE FL Govern. August 17, 2015 to SiteOne; Howard Purchasing CO-OP August 16, 2017 Fertilizer and Town of Davie Bid. Sunniland Fertilizer No. B-15-81 Public Financial Financial Advisory RFP No. 067-1410- November 3, 2016 to Management Services 10/J MA November 2, 2017 IES Sales and Dumpster Repairs Bid No. 016-2515- January 16, 2017 to Service, LLC 15/JMA January 15, 2018 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those bids, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT. Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require that new Bids and/or RFPs be issued. STRATEGIC PLAN: Page 289 of 482 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Action Type D Attachment D Attachment D Attachment D Bid D Attachment D Attachment REVIEWERS: Department Finance Finance City Manager Description Explanation of bid extensions and/or piggybacks Office Depot and Staples extension Penn Credit agreement to extend Co-op Fertilizer Bid Financial Advisory Services extension to 11-17 IES Sales extension to 1-15-18 Reviewer Action Date Howard, Tim Approved 10/10/2016 - 4:02 IIIA Howard, Tim Approved 10/10/2016 - 4:03 IIIA LaVerriere, Lori Approved 10/14/2016 - 10:07 AKA Page 290 of 482 REQUESTING DEPARTMENT. Finance/Warehouse SOURCE FOR PURCHASE: State of Florida Contract 618-000-11-1 for Office and Educational Consumables DEPARTMENT CONTACT. Michael Dauta ACCOUNT NUMBER: All Department accounts as needed. ANNUAL EXPENDITURE: $ 175,000.00 TERM: October 17, 2016 to April 17, 2017 VENDORS: OFFICE DEPOT, INC. AND STAPLES CONTRACT AND COMMERCIAL DESCRIPTION OF BID EXTENSION AND/OR PIGGYBACK: City Commission approved contracts between the City of Boynton Beach and Office Depot, Inc. and Staples Contract and Commercial on November 16, 2010. The contracts are based on the State of Florida Contract for Office and Educational Consumables. The initial contract was for three years. The State of Florida has renewed the current contract through April 17, 2017. The State of Florida has just awarded a new Office Supplies Contract to Office Depot and Staples that will be effective April 18, 2017. All City Departments order their office supplies by visiting secure on-line sites for Office Depot and Staples. In stock office supplies are delivered to the City the next day. REQUESTING DEPARTMENT. FINANCE SOURCE FOR PURCHASE: Contract between the City of Boynton Beach and Penn Credit based on the City of Lakeland, FL RFP No. 1202 DEPARTMENT CONTACT. Mara Fredericksen TERM: October 17, 2016 to October 16, 2017 ACCOUNT NUMBER(S): By Departments) ANNUAL EXPENDITURE: $ 70,000.00 VENDOR: PENN CREDIT CORPORATION DESCRIPTION OF BID EXTENSION AND/OR PIGGYBACK: On December 18, 2012, City Commission authorized the Mayor to sign an Agreement with Penn Credit Corporation based on a City of Lakeland Contract with Penn Credit Corporation for Collection Services on delinquent utilities and miscellaneous receivable accounts as a result of Lakeland RFP No. 1202. The Lakeland Contract automatically renews each year unless the vendor and/or the City of Lakeland choose not to renew. The City of Lakeland and Penn Credit have agreed to continue the contract for another year. REQUESTING DEPARTMENT. GOLF DEPARTMENT CONTACT. Ron Tapper TERM: August 17, 2015 to August 16, 2017 SOURCE FOR AWARD: SE FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE TOWN OF DAVIE Bid No. B-15-81 ANNUAL EXPENDITURE: $75,000.00 ACCOUNT NUMBER(S): 411-2911-572-52-19 VENDORS: DIAMOND FERTILIZER, HOWARD FERTILIZER, SITE ONE, AND SUNNILAND FERTILIZER DESCRIPTION OF EXTENSION: The City of Boynton Beach as a participating agency in the Southeast Florida Governmental Purchasing Cooperative was included in the Bid for "Fertilizer" issued by the Town of Davie as lead agency. The Town of Davie approved the bid award to the four vendors on July 29, 2015; Resolution No. R-2015-168. The cooperative purchasing affords greater purchasing power and results in lower pricing for the participating municipalities and agencies. The Golf Course utilizes this bid for their fertilizer purchases. REQUESTING DEPARTMENT. FINANCE DEPARTMENT CONTACT. Tim W. Howard TERM: November 3, 2016 through November 2, 2017 SOURCE FOR PURCHASE: Request for Proposal No. 067-1410-10/JMA; "A Five Year Contract for Financial Advisory Services" VENDOR: PUBLIC FINANCIAL MANAGEMENT, INC. ANNUAL EXPENDITURE: As Needed DESCRIPTION OF EXTENSION: On November 3, 2010, City Commission awarded the Consultant Agreement for a Five Year Contract for Financial Advisory Services to Public Financial Management, Inc. of Orlando, FL as the result of RFP No. 067-1410-10/JMA. The RFP was issued to select a firm to assist the City with capital financing and related debt issuance and business transactions with financial institutions. PFM has successfully assisted the City on an "As Needed" Basis over the past six years. The contract has one last one-year renewal, and PFM has agreed to extend the contract for an additional year with the same terms, conditions and contract rates. REQUESTING DEPARTMENT. PUBLIC WORKS/SOLID WASTE SOURCE FOR PURCHASE: Bid No. 016-2515-15/JMA; "Two Year Bid for Dumpster Repairs" DEPARTMENT CONTACT. Christine Roberts TERM: January 16, 2017 through January 15, 2018 ACCOUNT NUMBER(S): 431-2515-534-46-93 ANNUAL EXPENDITURE: $70,000.00 VENDOR: IES SALES AND SERVICE, LLC DESCRIPTION OF BID EXTENSION AND/OR PIGGYBACK: On January 6, 2015, City Commission awarded the "Two Year Bid for Dumpster Repairs" to IES Sales and Service, LLC for a two year period. The Solid Waste Division of Public Works uses this IES Sales and Service to provide repairs to the City's metal containers and roll -offs according to the specifications provided in the bid solicitation. These services are used on an 'As Needed" Basis. The bid allows for two (2) one-year renewals with the same terms, conditions, and pricing. IES has agreed to renew for an additional one- year term. TO: Agency Customers and Other Eligible Users FROM: Rosalyn Ingram Director and Chief Procurement Officer Division of State Purchasing Department of Management Services (DMS) DATE: October 6, 2016 SUBJECT: Office Supplies, No. 44111513-07-01 State Purchasing is pleased to announce that DMS has recently awarded the Office Supplies Request for Proposal to the following vendors: • Office Depot • Staples • Gulf Coast Office Products • Elite Business and Office Solutions • Capital Office Products The new Office Supplies contract will have an effective date of April 18, 2017. Additional information will be communicated upon executing the contracts. Please direct any questions to Jesse Tillman, (850) 487-3977 or Abraham Alvarado, (850) 922-1214. Page 293 of 482 Alibrandi, Julianne From: Donagher, Rhett < Rhett.Donag her@ penncreclit.com > Sent: Thursday, September 15, 2016 1:32 PM To: Alibrandi, Julianne Cc: Mennell, Philip; Tem lin, Brett Subject: RE: City of Boynton Beach Piggyback of the Lakeland Contract Eml NV -3 Mil contimtp to vr*viV 6RAMM =1 From: Alibrandi, Julianne fmailto-Afi� bt s] Sent: Thursday, September 15, 2016 9:39 AM fo: Donagher, Rhett <Rhett-Don credit.corn> ............... Hope that all is well with you. It is that time of year again when we renew our agreements and piggybacks. The City of Boynton Beach would like to continue usine, Penn Credit's services for the *ctober 16, 2017. To refresh your memory, we have a contract based on the City of Lakeland RFP No. 1202, which automatically renews each year until terminated by either party. Will Penn Credit continue to perform Debt Collection Services for the City of Lakeland for the term October 17, 2016 through October 16, 2017? And if so, will Penn Credit agree to the City of Boynton Beach's continued piggyback of this Lakeland Agreement? QW. Julianne Alibrandi Senior Buyer Financial Services City of Boynton Beach 100 E. Boynton Beach Blvd. o: 561-742-6322 0 Page 294 of 482 Please be advised Owt Florida has a broad pi6fic records law and all correspondence to me v;o email may be saj)ject to discjraeure, 1-Indpr Florida records law, emaYaddiesses are public records. Therefore, Youre-mail coynimunication and your e-mail address may be subject to pub! ic disclosure. Rhett Donagher Manager of Sales and Marketing 0 T: 800-800-3328 x3003 M: 561-371-2937 F® 717-238..0901 E: Rhett.Don MAgherj2pgqncredjt.com Penn Credit Corporation This email transmission and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, printing, distributing or use of this transmission is strictly prohibited. If you have received this transmission in error, please immediately notify the sender by return email and delete the original transmission and its attachments without re n. opinions presented in this email are solely those of the author and do not -necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email. Page 295 of 482 Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to Ipiper@mVboca.us for placement on the NIGP SEEL website Cooperative contract page. BI D/RFP No., B-15-81 Description/Title: Fertilizer Initial Contract Term: Start Date: 8/17/2015 Renewal Terms of the Contract: None (No. of Renewals) End Date: 8/16/2017 Renewal Options for n/a --, (Period of Time) Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: 314-210 = Vendor Name: John Deere Landscapes VenclorAddress: 1385 East 36 Street, Cleveland, OH 44114 Contact: Molly Vorous Phone: 800-321-5325 ext. 2550 Fax: 248-581-1433 Cell/Pager: Email Address: bids@johndeerelandscapes.com Website: FEIN: VENDOR AWARD Vendor Name: Diamond R Fertilizer Co., Inc. Vendor Address: 4100 Glades Cutoff Road, Ft. Pierce, FL 34981 Contact: Thom Chester Phone:772-201-0099 Fax: 772-464-9308 . .................... Cell/Pager: Email Address: thomchester@comcast.net Website: FEIN: Page 296 of 482 Vendor Name: Howard Fertilizer & Chemical Co. Vendor Address: 8306 S. Orange Ave., Orlando, FL 32862 Contact: Dale Anderson Vendor Name: Sunniland Fertilizer Corp. Vendor Address: P.O. Box 8001, Sanford, FL 32772 Contact: Erik Thor Phone: 954-383-5638 Cell/Pager: ............. . .. . — Website: Vendor Name: Vendor Address: Contact: Phone: Cell/Pager: Website: Fax: 407-330-0122 Pt FEIN: M W111013MM affin SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: July 29, 2015 Resolution/Agenda Item No.: R-2015-168 Insurance Required: Yes Yes No Performance Bond Required: Yes No No SE ION #3 LEAD AGENCY Agency Name: To of Davie Agency Address: 6591 Orange Drive, Davie, FIL 33314 Agency Contact: Angie Salinas Email asalinas@davie-fl.gov Telephone: 954-797-1062 Fax: 954-797-1049 Page 297 of 482 RESOLUTIONNO. R-2015-168 A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BIDS FOR FERTILIZER AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town is in need of fertilizer for various projects; and WHEREAS, the Town, acting as lead agency for the Southeast Florida Cooperative Purchasing Group, solicited sealed bids for such fertilizer; and WHEREAS, Town of Davie purchases will be limited to those products that do not include more than 5% phosphorus; and WHEREAS, after review, the Town Council wishes to accept the bid from the lowest responsive and responsible bidder for each item. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA. SECTION 1. The Town Council hereby accepts the bid from the lowest responsive and responsible bidder for each item for the supply of fertilizer in accordance with unit prices identified in Attachment "A". SECTION 2. The Town Council hereby authorizes the expenditure from the operating budget of each using department. SECTION 3. The initial contract term is two (2) years. SECTION 4. This resolution shall take effect immediately upon its passage and adoption. 4L PASSED AND ADOPTED THIS Q -q DAY OF , 2015. pa" MA'/`O'Ol LMEMBER APPROVED THIS DAY OF , 2015. Page 298 of 482 Attachment "A" MEMORANDUM Department of Budget and Finance To: Bid Specification Committee From: Herb Hyman, CPPB, FCPM, FCPA, Procurement Manager Through: William Ackerman, Budget and Finance Director Subject: Fertilizer Date: June 18, 2015 This is a Southeast Florida Governmental Co-operative Purchasing Group bid with the Town of Davie acting as lead agency. The technical requirements of this bid were reviewed by a committee of Parks and Recreation personnel headed by Deanna McAtamney, City of Ft. Lauderdale. After reviewing the bids submitted and the recommendations from the Parks and Recreation committee for the above referenced subject, it is my recommendation that the bid be awarded to the lowest responsive bidder for each item as identified below. Item 1 6-2-0 The product offered by Diamond R Fertilizer is 5-3-0 is considered to be equivalent to the product specified. Recommendation - Bulk (1 ton and greater) — Diamond R Fertilizer-.114/lb. Less than 1 ton —Diamond R - .114/lb. Item 2 24-2-11 The product offered by Sunniland and Howard Fertilizer is the specified product. Recommendation - Bulk—Sunniland -.312/lb. Less than 1 ton — Howard Fertilizer - .353/lb. Item 3 15-2-15 The product offered by Sunniland is the specified product. The product offered by John Deere Landscapes 15-0-15 is considered to be equivalent to the product specified. Recommendation - Bulk — Sunniland -.35/lb. Less than 1 ton — John Deere Landscapes - .402/lb. I Page 299 of 482 Item 4 15-0-15 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk — Sunniland - .31/lb. Less than 1 ton — John Deere Landscapes - .311 /lb. Item 5 21-0-0 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk — Sunniland -.22/lb. Less than 1 ton — Diamond R-.258/lb. Item 6 21-0-0 (Greens Grade) The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk — Sunniland - .18/lb. Less than 1 ton — John Deere Landscapes-.264/lb. Item 7 0-0-50-17s The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk — Sunniland - .48/lb. Less than 1 ton — John Deere Landscapes -.50/lb. Item 8 0-0-21 The product offered by Diamond R is 0-0-22 and is considered to be equivalent to the product specified. Recommendation - Bulk -Diamond R -.341/lb. Less than 1 ton -Diamond R -.349/lb Item 9 0-0-21 (Greens Grade) The product offered by Diamond R is 0-0-22 and is considered to be equivalent to the product specified. Recommendation - Bulk -Diamond R Fertilizer - .354/lb. Less than 1 ton -Diamond R Fertilizer - .358/lb Item 10 Liquid Micronutrients- The lowest responsive bidder meets all the requirements of the specification. Recommendation - 2 Y2 gal container — Howard Fertilizer - $8.22/gal. 55 gal. drum — Howard Fertilizer - $7.08/gal. Item 11 13-3-13 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland - .424/lb. Less than 1 ton -John Deere Landscapes -.42/lb. Item 12 8-2-12 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk — Sunniland- .395/lb. Less than 1 ton — Howard Fertilizer- .43/lb. 2 Page 300 of 482 Item 13 Techmangam The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland -.636/lb. Less than 1 ton -Howard Fertilizer - .725/lb. Item 14 20-0-10 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland —.334/lb. Less than 1 ton -Howard Fertilizer — .372/lb. Item 15 20-2-10 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk Sunniland -.292/lb. Less than 1 ton — Howard Fertilizer - .347/lb. Item 16 9-2-24 The product offered by John Deere Landscapes 9-0-24 is considered to be equivalent to the product specified. The product offered by Sunniland is the specified product. Recommendation - Bulk-Sunniland -.371/lb. Less than 1 ton -John Deere Landscapes- .41/lb. Item 17 15-0-22 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland- .364/lb. Less than 1 ton -Howard Fertilizer - .393/lb. Item 18 16-2-8 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland -.249/lb. Less than 1 ton -Diamond R - .299/lb. Item 19 18-24-12 The lowest responsive bidders meet all the requirements of the specification. 11 Recommendation - Bulk-Sunniland - .306/lb. Less than 1 ton -Howard Fertilizer- .402/lb. Item 20 20-20-20 The lowest responsive bidder meets all the requirements of the specification Recommendation - Bulk -Howard Fertilizer — .986/lb. Less than 1 ton -Howard Fertilizer — .986/lb. Item 21 14-14-14 The lowest responsive bidders meet all the requirements of the specification Recommendation - Bulk -Diamond R Fertilizer - .47/lb. Less than 1 ton -Howard Fertilizer- .615/lb. 3 Page 301 of 482 Item 22 19-0-19 with Pre -M. The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk -Howard Fertilizer - .584/lb. Less than 1 ton -John Deere Landscapes - .56/lb. Items 23 24-2-11 Talstar. The product offered by John Deere Landscapes 24-0-11 is considered to be equivalent to the product specified. The product offered by Sunniland is the specified product. Recommendation - Bulk-Sunniland -.377/lb. Less than 1 ton -John Deere Landscapes - .412/lb Items 24 24-2-11 Talstar Granular. The product offered by John Deere Landscapes 18-0-10 is considered to be equivalent to the product specified. The product offered by Sunniland is the specified product. Recommendation - Bulk-Sunniland -.36/lb. Less than 1 ton -John Deere Landscapes - .39/lb Items 26 22-2-11 Atrazine. The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland -.309/lb. Less than 1 ton -Howard Fertilizer- .398/lb Items 26 High Manganese Combo. The lowest responsive bidder meets all the requirements of the specification. Recommendation - Bulk -John Deere Landscapes - $6.84/gal. Items 27 13-2-13. The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland - .369/lb. Less than 1 ton -Howard Fertilizer - .408/lb Items 28 14-2-14. The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland -.341/lb. Less than 1 ton -Howard Fertilizer - .372/lb Items 29 14-2-14 (Greens Grade). The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland -.48/lb. Less than 1 ton -Howard Fertilizer - .549/lb Items 30 24-0-11. The lowest responsive bidder meets all the requirements of the specification. Recommendation - Bulk -Howard Fertilizer - .315/lb. Less than 1 ton -Howard Fertilizer - .315/lb Items 31 Superthrive. The lowest responsive bidder meets all the requirements of the specification. Recommendation - Less than 1 ton -Diamond R -$116.00/gal. 4 Page 302 of 482 Items 32 21-0-7 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland -.33/lb. Less than 1 ton -Howard Fertilizer - .419/lb S Page 303 of 482 Page 304 of 482 Q n 2 9 2 2 n \ \ \ \ \ \ \ m \ \ \ \ \ Z �MCA� M 00 M M O c-O � CY) � I LC) L O O LO � M A cp00 1n 00 SCA.--.--NMf�ON\N N CO 14- LO UO 14- I' 00 00 f- f- 00 NT LO LO M 14-r� O W r N N N N M M M M `d M ' M cM M M _Q Z -0 .0 .O dO Z N � � N00 0 O r- M � CM LO CN N M ) M c j Z a N Z J_ U) O U ui :Q~ c c c c N 00 00 M f- M 1� 00 00 N O I' 14-00 p 00 �O O O L N N 1� 1� 1- f, M M ' Q J (0 LO (0 LO O O O O (0 oo � LO M M �� et 14-N M � N 00 M M M M N N r- ti dU � - O 0) N O �� '4t 14-r- r M M M M I' M M O N N 00. 2 W 2 N N � N 'd' O M N �: LO M14, M N (0 O LO r f- M m O W W 14, M 14'V -� � r � N Y Y J J D Op Y —M = O D � O m z 0° .-. m z w w W Wcc w w U m C� (D (D N (D UL UL (n U) COCO —� J Y Y w w».. wui Y QQ� Y J W W~ J W W O O J J O (� J Y J J m 00 m D Q' Q' N N� Q'Q'Q'�m ZZM m J m m m -- m C� C��m C�C�UU�- m QQvom m � L i �' �"' — M M O - O O `-' N N N N= •i O i .- r .- O O O O N N .- O N i i i i i i N N N. C V O O O O O O .- N .- N .- .. N N N i i 2 6 6 i i N N i i M M V U p (V C i i 0 0 N �' O O O I' � LO LO LO .� .� r i i �- N N N O O i O d d N N V i M M i W W O N N J J M co H N N O) N 0 0 0 0 0 •e) CO I— N N 0) HT—NIcol,q-lLol(o 11 co M O O N M 'V 1 CO ~ coO N N N N N N N co N M .-- �-- r y .q, .-- r N MO M co M M M M M 1 co 1 Page 304 of 482 Page 305 of 482 m .n' m m m m Q` m A .0 .0 -0 m m m A m m Q Q Q Z ::-- :zz cZ:z c c� c c--- wc�� ZZ ZZ -Oc OOON I� I-nO '4t 4-00N InON InL0O 'ct 0 O' O M O O I-T O N NS In - '4t M� In O O 'c1' O' N N ti� Lo ' W M G cD Q Z 0 -0 mS] m S] ZZ Q ti �' .= 0000 MM �M Cl) ZQNM MM M Q Z 0 U) O U W Q N :7-ZZ C C 0 0 N N: O (D In �t �� 0 O O 00 00: 00 00 N O O to In O Cid U Q J 000000' ":M100NNNNOO NO0r-r-'-t 14'r•- d M M ct �� O` (fl (fl (n In �� CO M C-4 14- 14- M M 0 M M06 0w 2 W LL ZZc = W c c O N N (0 (fl a O r- r- In Ln 00 In co M O r M� � O O M MIM O W W .= 00 -� Q (fl Y J OD Y Y co 000 z MW W Z Z Y Y J2 Q Q 00 IM " W 00 W W N Z Z_ W W WHHHH ZY Y W WY W_ = _ = a a J J J J Q' Q' C7 J J W W J - Y J Q Q Q J m NN � �HHHHQQQm m c?c?m CD C) CO •- �- N N O O 2 M 00 M 0 1 i i I . . . . . . . WiI i MNi N N N ONN N NNN N N N N N O O w N 0 0 O O I � qN N M M �4 I'l. (O 00 00 '.T 0) On '4Q- � qq� 't � qQ r4- --� C14 04 N N W N N N M S O r- 00 O O - N M t Lo O� 00 O O - N M (p I� 00 O O H N M '4t In O �t U') � LO 0 LO � O O (O (0 "T (O (O (fl (O (fl I� I� I� I� ti Page 305 of 482 Herb Hvman From: Deanna McAtamney [DMcAtamney@fortlauderdale.gov] Sent: Monday, June 15, 2015 9:44 AM To: Herb Hyman Cc: AnnDebra Diaz; Barry Sageman Subject: RE: Fertilizer Bid (co-op) I have looked at all and we can move forward to award. From: Herb Hyman [mailto:Herb Hyman(a)davie fl.gov) Sent: Friday, June 12, 2015 1:53 PM To: Deanna McAtamney Cc: AnnDebra Diaz; Barry Sageman Subject: Fertilizer Bid (co-op) Hi Dee, Hope all is well with you. Attached are all the bids we received and my bid tabulation. I highlighted all the low bids from a commercial standpoint. Please review the technical side and tell me if we have to disqualify anyone for not meeting spec or if we can move forward with an award to the low bidder for each item. Thanks. Herb Hyman, CPPD, CPPB, FCPM, FCPA, FCCN Page 306 of 482 TOWN OF DAVIE PROCUREMENT AUTHORIZATION FORM �l �� 4�/y3�/�' PROCUREMENT AUTHORIZATION FORM ITEM DESCRIPTION (include what the item is used for, reason for bidding, expiration date of existing contract, etc.) 425/L77- /L/ Z�GL — i/� 12,69 5�5 F-LaA CU 7a'//i%d l7/ i�Y • `� ff /S ,� Go �IU As Nc) 411, METHOD OF PROCUREMENT (mark the one that applies) N Open Competitive Bidding ❑ Sole Source ❑ Single Source ❑ Co -Op Bid Number ❑ Piggyback on Contract Number (including name of entity) ❑ Request for Proposal/Qualification ❑ Reverse Bid V.5 ACCOUNT NUMBER t9, we up6-5 APPROXIMATE COST Signed and Date: Department 6rector TOWN ADMINISTRATOR AND BUDGET/FINANCE DEPT. USE ONLY. DO NOT WRITE BELOW THIS LINE. BIDS SUBMITTED Vendor CosVRanking Signed ...............................................................................................................................................................I........ L - p we -s v- axnD o STAFF RECOMMENDATION/COMMENTS � ,,crL v R J51?c j1 9R6.)�uer 0 -P -f,-f 9'4`q-VOAJ Vendor Cost 07 of 482 BID NAME: BID NUMBER: ESTIMATED COST.- NO, OST: N0. CONTRACTOR'S NAME 1. 2. 3. l 4. 6. 7. 8. 9. 10. REMARKS BID OPENING REPORT TM: - DATE: J • % cj BID AMOUNT COMMERCIAL RANKING Ln,eLlep) 6 f9 oS'Prsc.-Ti v.e a-q,:�5gs -7-0 GJ tj c-� NOTE: THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED, AND BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. THIS IS ONLY A FINANCIAL RANKING OF ALL THE BIDS RECEIVED. THE USING DEPARTMENT IS RESPONSIBLE FOR REVIEWING THE BIDS FOR COMPLIANCE WITH ALL THE BID SPECIFICATIONS PRIOR TO SUBMITTAL OF LETTER OF RECOMMENDATION. PURCHASING OFFICIAL: WITNESS: DATE: DATE: AA Page 308 of 482 ' ns . . • • Fe aA..trrr, bequest for Texpa yw dft,, Identfffcat%n Number and CertMestfon j!C John Deere Landscapes "71—id—U rent limn• ___ -�-�-�s*w��eooarTaiadrrml�r _ °� � � p ❑ C (brprx.tl,,, n s Cwparrsioe, ❑ O Trurb/ Lknt°d/°I 'Off*ww"or tl�etalKd MP -0 D�tbn.8�8 ,p�Wr1�h�V� l'. aver= &numb.r�►+�Y, Hole, B th. account re In mere ttw, � ti,~e �,_ �._ _� on OW Form to the requester. Do not send to the IRS. anrer .ere the F.rt1 v rwmwer SoCsrlp rrowauer. bre �4. Kyou rb frog � P� 8, For athvEM-M-T77 nbe , .ee Nrnv A� pefe 1. 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Carlgy th.t you are rat aubkot Ioba*p s. qtr n Nan backup � Nyou aro a U.B. sxww aP+y►aa, l/ You eft also nwtftw t1+at"a U.B. Parson,, yorr Iloeabla &hwv of arty Pm►orenh�p 11wo W Nam a U.B. trade or brsrbraea ° "eh►aorr ubjw soeSd i V t" cm toretr, pp .• them m W MR Folin W-6 - - - _ ..'" ••"•"�} i9tdla 001111140" err a U.B. person. For federal hx purpcef% yw am oonetderW a U.6: paean R You are: • An itdtv3dwi K% h a U.B. OMM or U.S. matdant aftr A Ixsrtmrahlp, aorpDndon, oompmay, or.woaialton orededor °fid In the Ufi*d Bbdes or under fie taws of the tht w • An agitate (other ftna jundpn OWK or • A dom000 trrrrt (ere d#%wd fn ftWO rle aaotbn 801.1701-7♦, 4°°iatr`d'd' fbrply ftra}d�, P.rkir+tl�eantaor►oumt, Crede or bagln.am In Ow thled testes are pWM bxonawfftnpot"M'char.if � f°h + +D Rwmw. In txu" can wwo a f+txm 11f:B hM not 6.on roe a � � � r�rid to praarane it'rar r w to t fantp,, parbrertn a P tar mfto h& a era a U.B. Perron & (r e ebbs, P►MOFM W8 •tr.daorbuelr>.arfiRa� atreha arxt a►'ek►>s)ihtu>ldtnp on your PwbwMw k%&jwi, C rt No. INSIX tom+-1�9 s I Page 309 of 482 Town of Davie VendorBidder Disclosure I, Mb l [ VOW being first duly sworn state that: The full le name and business address of the person(s) or entity contracting with the Town of Davie ("Town") are as follows (Post Office addresses are not acceptable): Name of Individual, Firm, or Organization: Address: FEIN State and date of incorporation OWNERSHIP DISCLOSURE AFFIDAVIT John Dee_6,ds a� - _ re Lnd�ca�_ 1385 East 36th Street _ Cleveland, Ohio 44114 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who directly or indirectly holds five percent (51/o) or more of the corporation's stock. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses are not acceptable): Full Legal Name Address —i�-ease- seg ��peQ lis+�j loe�I b�ar��ies Ownership Page 310 of 482 2. The full legal names and business addresses of any other individual (other than subcontractors, materialmen, suppliers, laborers, and lenders) who have, or will have, any legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not acceptable): Full Legal Name Address 3y:Signature Afiant Pint S40I? SCRIBED ANSWORN TO or affirme before me this �A day of _ UA -L 2015 by he/she is personally I&Hown to m r has presented as identification. Notary Public, Serial Number My Commission Expires : (- 'o?S"- M Page 311 of 482 Detail by Entity Name Detail by Entity Name Foreign Limited Liability Compan JOHN DEERE LANDSCAPES LLC Filina Information Document Number M13000007176 FEI/EIN Number 36-4485550 Date Filed 11/07/2013 State DE Status ACTIVE Last Event LC AMENDMENT Event Date Filed 11/19/2014 Event Effective Date NONE Principal Address 1060 Windard Ridge Pkwy Ste. 170 Alpharetta, GA 30005 Changed: 04/16/2015 Mailing Address 1060 Windard Ridge Pkwy Ste. 170 Alpharetta, GA 30005 Changed: 04/16/2015 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Authorized Person(s) Detail Name & Address Title Manager JDA Holding LLC 1060 Windard Ridge Pkwy Ste. 170 Alpharetta, GA 30005 Page 1 of 2 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 6 88112 of 482 Detail by Entity Name Page 2 of 2 Annual Reports ReportYear Filed Date 2014 06/12/2014 2015 04/16/2015 Document Images 04/16/2015 --ANNUAL RE.PORTJ View image in PDF format 11/19/2014 -- LC Amendment r View image in PDF format 06/12/2014 --ANNUAL REPORT I View image in PDF format 11/07/2013 -- Foreign Limited F View image in PDF format Cooyriaht C and Privacy Policies State of Florida, Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 6/P$3 of 482 WM9 r. Request for Taxpayer Give For, to the �" tmn"�''�"'apsury identification Number and Certification requester. Do not �fthe rRevaxreService send to the IRS. Name (as shown on your income tax return) Diamond R Fertilizer Co., Inc N Business namWdisregarded entity nerve, It different from above a, m m Check appropriate box for federai tax o mon (required): ❑ fndiMuallsoie proprietor ® C Corporation ❑ S Corporation ❑ Partnemhip ❑ TnmVestate c i ❑ f hafted fiabiiity company. Enter the tax classification (C=C corporation. S=S corporation, P=partnership) 10-© Exempt payee LC � ❑ other (,e instructions) 0, (number, street, and apt. or suite no.) Requesters name and address (optional) 4100 Glades Cutoff Road m City, state, and ZfP bode � Ft. Pierce, FL 34981 W account number(s) here (optionaQ T er identification iiitdunber JOB in� Enter your TIN in the appropriate box The TiN provided must match the name given on the "Name" fine dial sect"* Mmdw to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident mien, sole proprietor, or disregarded entity, see the Part i instructions on page 3. For other —M _ entities, it is your employer identification number (EIN). if you do not have a number, see How to get a 77N on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employ-iasntlficetiors number number to after. 59 d _ 05 35 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or i am waiting for a number to be issued to me), and 2. lam not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the iRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. � r Sign - Hers ► ,'i,rt" Daft 11. 6-9-15 General Instructions Section references are to the internal Revenue Code unless otherwise noted. Purpose of form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number MM to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only N you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding f you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form otherthan Form W-9 to request your TiN, you must use the requester's form N it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: • An individual who is a U.S. citizen or U.S. resident alien, • A Partnership, corporation. company, Or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, If you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your US. status and avoid withholding on your shave of partnership income. Cat No. IM31X Form W-9 (Rev. 1-2011) Page 314 of 482 Town of Davie Vendor/Bidder Disclosure 1, Thom Chester . being first duly sworn state that: The full legal name and business address of the person(s) or entity contracting with the Town of Davie ("Town') are as follows (Post Office addresses are not acceptable): Name of Individual, Firm, or Organization: Address: FEIN State and date of incorporation OWNERSHIP DISCLOSURE AF IDAVIT Diamond R Fertilizer Co., Inc. 4100 Glades Cutoff Road Fort Pierce, FL 34981 59-0593514 Florida 07-1943 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who directly or indirectly holds five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses are not acceptable): Full Legal Name Address Ownership See attached % o� Page 315 of 482 r) Diamond R Fertilizer Co., Inc. 4100 Glades Cut-off Road Fort Pierce, FL 34981 FEIN: 59-0593514 Name Title/position Address City State Zip > than 5% owner? John Minton Chairman PO Box 670 Fort Pierce FL 34950 yes Bert Roper Vice Chairman PO Box 218 Winter Garden FL 34777 yes Wayne Carlton Director 3782 McCarty Road Fort Pierce FL 34945 yes Roy Childs Director 2715 S. Indian River Drive Fort Pierce FL 34950 yes Jim Russakis Director 8801 Indrio Road Fart Pierce FL 34951 no Cal Streetmen Director PO Box 1904 Vero Beach FL 32950 no Steve Cassens Treasurer PO Box 593 Fort Pierce FL 34954 no Ken Scott Secretary PO Box 576 Fort Pierce FL 34954 yes Wes Williamson Director PO Box 248 Okeechobee FL 34973 no Mike Hudson President/CEO 18203 Bridle Way Port St Lucie FL 34987 no Tracy Kay Vice -President 1542 SW Lexington Drive Port St Lucie FL 34953 no Page 316 of 482 2. The full legal names and business addresses of any other individual (other- than subcontractors, materialmen, suppliers, laborers, and lenders) who have, or will have, any legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not acceptable): Full Legal Name Address Signature of Affiant Print Name Date: SUBSCRIBED AND SWORN TO or affirmedM me this day of —'k,nQ_ 2015, by — CSm,he/she is ersonall known to me or has presented as idents cation. (74ACO, LVQ3-jl� Notary Public, State of Florida at Large r1 Print or Stamp of Notary D' Serial Number c� My Commission Expires Page 317 of 482 Detail by Entity Name Detail by Entity Name Florida Profit Corporation DIAMOND R FERTILIZER CO., INC. Filina Information Document Number 142303 FEI/EIN Number 590593514 Date Filed 07/12/1943 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 09/01/2010 Event Effective Date NONE Principal Address 4100 GLADES CUT-OFF ROAD FT. PIERCE, FL 34981 Changed: 04/14/2011 Mailing Address 4100 GLADES CUT-OFF ROAD FT. PIERCE, FL 34981-4711 Changed: 03/13/2008 Registered Agent Name & Address HUDSON, Michael 4100 GLADES CUT-OFF ROAD FT PIERCE, FL 34981 Name Changed: 04/21/2014 Address Changed: 03/13/2008 Officer/Director Detail Name & Address Title S SCOTT, KEN Pagel of 3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 68492 %1_'0 of 482 Detail by Entity Name PO BOX 2457 FORT PIERCE, FL 34954 Title P HUDSON, Michael 4100 GLADES CUT-OFF ROAD FORT PIERCE, FL 34981 Title C MINTON, JOHN P 0 BOX 670 FORT PIERCE, FL 34954 Title T CASSENS,STEVE P.O. BOX 770218 FT. PIERCE, FL 34954 Title V, CFO KAY, TRACY 4100 GLADES CUT-OFF RD. FT. PIERCE, FL 34981 Annual Reports Report Year Filed Date 2013 04/15/2013 2014 04/21/2014 2015 04/28/2015 Document Images 04/28/2015 -- ANNUAL REPORT 04/21/2014 -- ANNUAL REPORT 04/15/2013 -- ANNUAL REPORT 04/11/2012 -- ANNUAL REPORT 04/14/2011 -- ANNUAL REPORT 09/01/2010 -- Amendment 04/12/2010 -- ANNUAL REPORT 04/14/2009 -- ANNUAL REPORT 03/13/2008 -- ANNUAL REPORT 03/19/2007 -- ANNUAL REPORT 02/27/2006 -- ANNUAL REPORT 10/14/2005 -- Amendment View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format http://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... Page 2 of 3 � • _:fir : �,; ? � • ; Form w-9 (Rev. August 2013) Depar "=11h e Treasury Intemai ue service Request for Taxpayer identification Number and Certificatlon Name (as shown on your income tax return) 710ward Fertilizer & Chemical Co inc Business nameJdisregarded entity name, if differ, Check appropriate box for federal tax olaselfioation: ❑ IndlviduaVeole Proprietor 21 C Corporation ❑ S Corporation ❑ Partnership ❑ TrusVestete Give Form to the requester. Do not send to the IRS. Exemptions (see instructions): ❑ Limited liability company. Enter the tax classification (C� corporation. S=S co Exempt payee code (it any) . corporation. p --partnership) ----- Exemption from FATCA reporting ❑ Other (see lnatn"Inns) ► code (H arty) ddress (number, street, and apt or suite no.) T6 S. Orange Ave Requester's Warne and address lcotronan Orlando, FL here Enter --- - - •-......,o. t..r,W� your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line so secu to avoid backup withholding. For lridividuals, this is your socia! security number (SSN). However, for a rKY number resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entitles, it Is your employer identification number (EIM. If You do not have a number, see How to get a Ell_ IT TIN on page 3. Note. If the account iS in more than one name, see the chart on page 4 for guidelines on whose &Wloysr ider@t�ieAtt..., number to enter. ©0000QoeeE Under penalties of perjury,) certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from badwp withholding, or (b) (have not been notified b Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS h the internal Revenue no longer subject to backup withholding, and s notified a that I am 3. 1 am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (f any) Indicating that 1 am exempt from FATCA reporting is correct. Certification instructions. You must crass out item 2 above if because you have failed to report all Interest and dividends on air tax reu have turn. For real ified mate transactions, item 2 does notapply. F r mortgage interest paid, acquisition or abandonment of secured he IRS that Y currently subject to backup withholding generally, payments other than Interest and dividends o � not �uired to sof ign the a certification buutt Individual retirement arrangement o Instructions on page 3. ^ you must provide your TINT thnd e Sign Signature of Here U.S. person P. General instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The iRS has created a page on IF S.gov for Information about Form W-9.effecting Form W 9 (such� a le�glslatitionn eneCttion ed aft about eareleaee future developments be posted on that page. Purpose of Form A person who is required to fife an Information return with the IRS must obIWn your correct taxpayer identification number MN) to report, for example. Income paid to You, payments made to you In settlement of payment card and third transactions, real estate transactions, Mort _ Perth network abandonment of secured property, cancellation of debt, orow lrrbutl etlian ku to an IRA You made Use Form W-9 only H you are a U.S. person (including a resident alien), to PrOVICIO applic able ur correct TIN to the person requesting It (the requester) and, when to be Y that the TIN you are giving is correct (or you are waiting for a number sued), 2. Certify that you are not subject to backup withholding, or 3. Clairn applicable, you are from f �oaflbackup withholding If you are a U.S. exempt Payee. If any partnership income fromf a U S. tradat e e o business Is your sub�� share of )act to the Date ► & // / withhoidrng tax on foreign partners, share of effectively connected income, and 4. Certify that FATCA oode(s)entered on this form (if any) Indicating that you are exempt from the FATCA reporting, Is correct Note. If you aro a U.S, person and a requester givesW-9 to YOU a form other than Form similar to th ssForrm Wt YoLw 19. you must use the requestees form H it Is substantially Definition of a U.S. person. For federal tax purposes parson If you are: . you are considered a U.S. • An Individual who Is a U.S. citizen or U.S. resident alien, parinjershI United States or ucOrPoratiolawe of the United station created or organized in the • An estate (other than a foreign setate), or • A domestic trust (s defined in Regulations section 301.7701.7). special rules for partnerships. Partnerships that conduct a trade or business in 1446 on the United States are generally required to pay a withholding tax under section any foreign Partners' share of effeotively cormaoted taxable income from such business. Further. In certain cases where a Form W -ii has not b Hie rules under section 1446 require a partnership to presume received, that a been een rreceia foreign person. and pay the section 1446 withholding tax. Thereen fore, Ir you are a U.S. person ttW is a partner In a partnership conducting a trade or business In the UnrtandsdavoStaidtes,section protide Fo►m W-9 to the partnership to establish your U.S. status 1448 withholding on your share of Pertnershlp income. Cat. No.10231X Form {ifl'-9 (Rev. 8-2013) Page 320 of 482 ACORD,,, Lmenun 74uoul t CERTIFICATE OF LIABILITY INSURANCE nwwffj.FER _ DATE (MMIDDIYYYY) nra L.cr[ 1IrIt:A IF: IS ISSUED ASA MATT2015 ER OF INFORMATION ONLY AND CONFERS NO RIGHT$ UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THEPOLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must beendo certificate holder in lieu of such endorsement(s). rsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy. certain Policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER BB&T-J. Rolfe Davis Insurance riMA PO Box 4927 r 407 691.9600No:B88-635.4983Orlando, FL 32802-4927 407 691-9600 INSURED 1 INSURERA: A is Specialty Insurance Howard Fertilizer & Chemical Company Inc INSURER e : Commerce & Industryin PO Box 628202 INSURER C : Orlando, FL 32862-8202 INSURER D: -- ceNTIFICATE NUMBER: 15!16 BAIBWSPNCVENMG THIS IS TO CERTIFY THAT THE POLICIES UI INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME O ROVE BOR 7HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RR TYPE OF INSURANCE ADDL Ua I POLICY NUMBER FOLIC FF , POLI Y E(p A GENERAL LIABILITY MiUID MMR) LIMITS X EG1230843 2/09/2015 03/31/201 EACH OCCURRENCE X COMMERCIAL GENERAL LIABILITY F7y�E $1000000 cLAIMs-MADE OCCUR Ea NSR nce s300000 X BI/PD Ded•$25,000 'MED ExP Anyone arson $25000 X Pollution -Cams Made PERSONAL &ADV INJURY $1 000 000 GEN'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE 32,000.000 B AUTOMOBILE LIABILITY X CA5677821 X ANY AUTO 2101/2015 03/31/201 EECOM�EDSINGLELIMIT EO SCHEDULED BODILY WJURY (Per person) X HIREAUTOS X AUTOS NON -OWNED BODILY INJURY (Per amMent) AUTOS PROPERTY DAMAGE P 8coidanl A UMBRELLA LIAR X OCCUR EGU1230872 210112015103131/201 X EXCESS UAB n _ _ EACH OCCi1RRFure B IWOPJMftSCOMPENSATION AND EMPLOYERS' LIABILITY X WC035808759 ANY FICEEW EEMBERE�UDEO?ECU7IVEY/N (MandatorylnNH) r NIA DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Atladt ACORD 101, AddRlonal Remarks Selrodule, if more apace is Additional Insured status Is granted with respect to General Liability If required by writterequl►ed)n contract or agreement per Commercial General Liability & Pollution Legal Liability Coverage Form #103124 (11/13); with respects to General Liability Additional Insured Primary & Non -Contributory -Owners, Lessees or Contractors Endorsement -Your Work Form #103393 (10/09); Additional Insured Vendors Endorsement Primary & Non Contributory Form #103388 (10109); Additional Insured - Managers or Lessors of Premises Endorsement Form (See Attached Descriptions) - — Proof of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE FOR INFORMATIONAL PURPOSES ONLY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN - XX ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ---- 4494x'7 dx. oe"-A—1 ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of A ORDS 2010 ACORD CORPORATION. All rights reserved, #S13659048/M13657351 EMTU Page 321 of 482 Town of Davie Vendor/Bidder Disclosure I, OQ.I i[ Aldc , being first duly sworn state that: The full legal name and business address of the person(s) or entity contracting with the Town of Davie ("Town") are as follows (Post Office addresses are not acceptable): Name of Individual, Firm, or Organization: Address: FEIN State and date of incorporation OWNERSHIP DISCLOSURE AFFIDAVIT F306 s a �!�ge A ve- 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who directly or indirectly holds five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses are not acceptable): Full Legal Name Address Ownership l� % Page 322 of 482 2. The full legal names and business addresses of any other individual (other than subcontractors, materialmen, suppliers, laborers, and lenders) who have, or will have, any legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not acceptable): Full Legal Name By: OSignatureo�f�Aflinant zle— Print Name Address Date: SUBSCRIBED AND SWORN TO or affirmed before me this 1 day of —3 (An if 20L&by _ DoJ e Ly • ��,� , he/she is personally known to me or has presented F L L as identification. 41W Leper Mate Of Florida 41"-zo" MY COMMISSION # FF 220169 Expires: May 1, 2019 No `blic, State of El ida at lige Y L -010-,0 Z Print or tamp of Notary FF lao1bq Serial Number My Commission Expires :�1 I q Page 323 of 482 Detail by Entity Name Detail by Entity Name Florida Profit Corporation HOWARD FERTILIZER & CHEMICAL COMPANY, INC. Filina Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 8306 S ORANGE AVE ORLANDO, FL 32809 Changed: 09/10/2002 Mailing Address P O BOX 628202 ORLANDO, FL 32862-8202 Changed: 09/10/2002 198590 590788131 12/27/1956 FL ACTIVE AMENDMENT 01/05/2011 NONE Registered Agent Name & Address HOWARD JR,ROBERT M 8306 S ORANGE AVE ORLANDO, FL 32809 Address Changed: 06/15/2010 Officer/Director Detail Name & Address Title DCS HOWARD JR,ROBERT M 5554 JESSAMINE LANE ORLANDO, FL Pagel of 3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 09MEW4 of 482 Detail by Entity Name Title V PALMER, CHARLES 28971 KIRANICOLA CT. BONITA SPRINGS, FL 34135 Title T GRABHORN, DANIEL D. 6516 THE LANDINGS DR ORLANDO, FL 32812 Title P HOWARD JR., ROBERT M. 5554 JESSAMINE LANE ORLANDO, FL Annual Reports Report Year Filed Date 2013 01/07/2013 2014 01/08/2014 2015 02/10/2015 Document Images 02/10/2015 --ANNUAL REPORT View image in PDF format 01/08/2014 --ANNUAL REPORT View image in PDF format 01/07/2013 -- ANNUAL REPORT View image in PDF format 01/03/2012 -- ANNUAL REPORT View image in PDF format 01/14/2011 --ANNUAL REPORT View image in PDF format 01/05/2011 --Amendment View image in PDF format 06/15/2010 -- Req. Agent Change View image in PDF format 02/23/2010 -- ANNUAL REPORT View image in PDF format 01/13/2009 --ANNUAL REPORT View image in PDF format 02/04/2008 -- ANNUAL REPORT View image in PDF format 03/19/2007 -- ANNUAL REPORT View image in PDF format 05/01/2006 -- ANNUAL REPORT View image in PDF format 02/23/2005 -- ANNUAL REPORT View image in PDF format 04/23/2004 -- ANNUAL REPORT View image in PDF format 04/22/2003 -- ANNUAL REPORT View image in PDF format )9/10/2002 -- ANNUAL REPORT View image in PDF format )6/11/2001 -- Name Change View image in PDF format Page 2 of 3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 6/l'gqoq�5 of 482 .- Fafm ROquest for Taxpayer �.. lden ua#iop Nurn�®r Give Fa m to the anderit%a#fon ' Ao nct tdinwr, arum;► :: trot rquriyj. _ °�i��utaa�ee� [] LhNadYatdBpr Pmt�lpaltjp Q T t�hrthe:to« � 8� oaf, .M4► i 2'7-/Z— 600/ Iftsmift"OOMIS In MM _ _.. �,,,,�o y : -. r...• w ... yw w: no[:IR;Y! $11{jRli)bFi tie8 J�W:Dyp/1!Lj--U Iii A ►tb war, OM am �►lta, 8et1111O:OtIDIt O11:W98 ♦ tflf ��j� pn y�e rAftd.811008 Afl9 t0 tie lrrtatnal tielNetl{)g 006 UnWW CVWVAeB Pu pose of Fbnn Aper" who b 1�9tfrad:m t�Fotmatton Qitnyour ruin wM ttae:igo m.M brootna�ot ��►1fo �, for ypv Y sat state Wdikir UM s 6tterast ► W�y UL � f►�AarlY. a�taelfa�mf "U" M M; 110"" IINW* a t0 flNf ppraon Mims" MW MPANte, tot 1._ nuftwYthtt:fha "N VDU alepg to txnect (� Yo+►am toes tpbe:trel+aag: p'Yt1Nrtt:You�e notaaobadarp wltMi6f, or e, cYd„ thorn P+4Yae. KSRP��Yotr:aro e�ko � tt.you ati a U t3,:t110 aNneabie a pf t=#* is a tl t3, Reuapry :yar not a Flom a UA tt ft or bu st►�ae u jt t m f: fav4pn potita tlhateaof � tex on DalkAft iatj.6 ft" tox.p Def,:YWAX p•�n 11 yotr ate: . *MV W V*W 6 a U.B, otttffl Or U& AO)dn t Wkq A I�ti1t, � riheMws oftha.11r��}ee, • M oetsfs (pyla �v1.a lip a or �l+aodrt"otttesbta d#*"inurat►otle BDt;I701,�, as t� tine Uh�d' pir�instoonduat�� baa ore paurr tt,�., rredto �!�Y�►�'i pM�tete' edlete �t'Irloams �..�.�.�N Cel. Na 1088111 it wYars)ij gdpar61ern1jp Ebm W-9 fyy 8pt 11 a 1 i Page 326 of 482 Town of Davie VendorBidder Disclosure I, 4.,541,< �4oe- being first duly sworn state that: The full legal name and business address of the person(s) or entity contracting with the Town of Davie ("Town") are as follows (Post Office addresses are not acceptable): Name of Individual, Firm, or Organization: Address: FEIN State and date of incorporation OWNERSHIP DISCLOSURE AFFIDAVIT goof yL 3Z-7-7? 59-193 74,,,63 A10 k -ti. -,e. /y 7 9 I. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for Mob officer and director and each stockholder who directly or indirectly holds five percent (5%) or more of the corporation's stack. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses. are not acceptable): Full Legal Name Address Ownership �►� /hvv.�e f�D. /Sox fOVl Sr-Y✓r ,3277z !►- % �o o�Q Page 327 of 482 2. The full legal names and business addresses of any other individual (other ;than subcontractors, materialmen, suppliers, laborers, and lenders) who have, or wili have, any legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not acceptable): Full Legal Name Address r By: Date: OS Zo/S- gna of t Print Name SUB CRKIBED AND SWjDRN TO or affirmed before me this ` day of 204 by , he/she is Personally known to me. or has resented p Y F �� - C �- as identification. JASON OGDEN ub ie Florida at Large ani A�'c Notary Ptalo, State of Florida Commisslonp FF 109988 My romm. expires Apr. 06, 201$ rint or Stam I 67 C( Serial Number My Commission Expires: Page 328 of 482 Detail by Entity Name Detail by Entity Name Foreian Profit Corporation SUNNILAND CORPORATION Filing Information Document Number 844615 FEI/EIN Number 591937683 Date Filed 11/15/1979 State DE Status ACTIVE Principal Address 1735 SR 419 LONGWOOD, FL 32750 Changed: 04/06/2005 Mailing Address P.O. BOX 8001 SANFORD, FL 32772 Changed: 04/06/2005 Registered Agent Name & Address MOORE, THOMAS W 1735 SR 419 LONGWOOD, FL 32750 Name Changed: 02/10/2003 Address Changed: 04/06/2005 Officer/Director Detail Name & Address Title PDC MOORE, THOMAS W. 1735 SR 419 LONGWOOD, FL 32750 Title SD Pagel of 3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 6ftWP1$P9 of 482 Detail by Entity Name CAHILL, JOHN F 1735 SR 419 LONGWOOD, FL 32750 Title TD FRANK, RICHARD T 1735 SR 419 LONGWOOD, FL 32750 Title D MOORE, LEE P 1735 SR 419 LONGWOOD, FL 32750 Annual Reports Report Year Filed Date 2013 02/25/2013 2014 02/20/2014 2015 02/13/2015 Document Images 02/13/2015 -- ANNUAL REPORT View image in PDF format 02/20/2014 -- ANNUAL REPORT View image in PDF format 02/25/2013 -- ANNUAL REPORT View image in PDF for 04/11/2012 -- ANNUAL REPORT View image in PDF for 04/18/2011 --ANNUAL REPORT View image in PDF format 04/20/2010 -- ANNUAL REPORT View image in PDF format 04/20/2009 -- ANNUAL REPORT View image in PDF format 03/18/2008 --ANNUAL REPORT View image in PDF for 02/26/2007 --ANNUAL REPORT View image in PDF format 02/27/2006 --ANNUAL REPORT View image in PDF for 04/06/2005 -- ANNUAL REPORT View image in PDF format 03/30/2004 -- ANNUAL REPORT View image in PDF for 02/10/2003 --ANNUAL REPORT View image in PDF for 01/23/2002 --ANNUAL REPORT View image in PDF format )1/30/2001 --ANNUAL REPORT View image in PDF for )1/12/2000 -- ANNUAL REPORT View image in PDF for )1/21/1999 -- ANNUAL REPORT View image in PDF for )1/21/1998 --ANNUAL REPORT View image in PDF format Page 2 of 3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 601660 9 of 482 Item Coversheet TOWN OF DAVIE TOWN COUNCIL AGENDA REPORT To: Mayor and Councilmembers From: Herb Hyman Prepared By: Herb Hyman - Purchasing Subject: Resolution Affected District: Town Wide Item The contract, once awarded, will be used on an as needed basis by any department of the Town. The Request Schedule for Council Meeting Item Number: 20. Page 1 of 1 Title of Agenda BID SELECTION -A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BIDS FOR FERTILIZER AND Item: PROVIDING FOR AN EFFECTIVE DATE. Executive A competitive bid was conducted for the supply of fertilizer which may be needed by the Public Works Department, Parks, Recreation & Summary Cultural Arts Department, and/or the Utilities Department. The Town acted as lead agency for the Southeast Florida Cooperative Purchasing Group for this bid. In addition to the Town of Davie, twenty-four (24) other co-op agencies participated in this bid. The bid opportunity was publicized in the Sun -Sentinel and also posted on the Town's website. The Town sent out specifications to eleven (11) prospective bidders and received four (4) bids. All bids were evaluated with regard to compliance with the specifications. The recommendation is for the lowest bidder for each item as identified in Attachment "A". The initial contract period is two (2) years. Key Points: This is a cooperative bid for the supply of fertilizer on an as need basis with the Town acting as lead agency for the twenty-five (25) participating agencies. • The Town received four (4) bids. • The recommendation is for the lowest bidder for each item. • This is a two (2) year agreement. Previous None Actions: Concurrences: The Town's Procurement Manager reviewed all the bids for commercial compliance. Bids were reviewed for technical compliance by Deanna McAtamney from the City of Fort Lauderdale who is a technical consultant to the co-op. Fiscal Impact: Has request been budgeted? N/A If yes expected cost: Account name and number: If no, amount needed: Account name funds will be appropriated from Additional Comments The contract, once awarded, will be used on an as needed basis by any department of the Town. The associated cost will come for the operating budget of the using department. Recommendation: Motion to approve Strategic Goals This Item Supports: Commitment to Customer Satisfaction, Dedication to Excellence in Service Delivery, Nurturing the health, safety, and welfare of the community ATTACHMENTS: File Name D RES BID fertilizer 2015.docx D backup for fertilizer (2015).pdf Description Resolution Backup http://davie.novusagenda.com/agendaweb/CoverSheet.aspx?ItemlD=1254&MeetingID=93 'h NQ31 of 482 RESOLUTIONNO. R-2015-168 A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BIDS FOR FERTILIZER AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town is in need of fertilizer for various projects; and WHEREAS, the Town, acting as lead agency for the Southeast Florida Cooperative Purchasing Group, solicited sealed bids for such fertilizer; and WHEREAS, Town of Davie purchases will be limited to those products that do not include more than 5% phosphorus; and WHEREAS, after review, the Town Council wishes to accept the bid from the lowest responsive and responsible bidder for each item. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA. SECTION 1. The Town Council hereby accepts the bid from the lowest responsive and responsible bidder for each item for the supply of fertilizer in accordance with unit prices identified in Attachment "A". SECTION 2. The Town Council hereby authorizes the expenditure from the operating budget of each using department. SECTION 3. The initial contract term is two (2) years. SECTION 4. This resolution shall take effect immediately upon its passage and adoption. 4L PASSED AND ADOPTED THIS Q -q DAY OF , 2015. pa" MA'/`O'Ol LMEMBER APPROVED THIS DAY OF , 2015. Page 332 of 482 Attachment "A" MEMORANDUM Department of Budget and Finance To: Bid Specification Committee From: Herb Hyman, CPPB, FCPM, FCPA, Procurement Manager Through: William Ackerman, Budget and Finance Director Subject: Fertilizer Date: June 18, 2015 This is a Southeast Florida Governmental Co-operative Purchasing Group bid with the Town of Davie acting as lead agency. The technical requirements of this bid were reviewed by a committee of Parks and Recreation personnel headed by Deanna McAtamney, City of Ft. Lauderdale. After reviewing the bids submitted and the recommendations from the Parks and Recreation committee for the above referenced subject, it is my recommendation that the bid be awarded to the lowest responsive bidder for each item as identified below. Item 1 6-2-0 The product offered by Diamond R Fertilizer is 5-3-0 is considered to be equivalent to the product specified. Recommendation - Bulk (1 ton and greater) — Diamond R Fertilizer-.114/lb. Less than 1 ton —Diamond R - .114/lb. Item 2 24-2-11 The product offered by Sunniland and Howard Fertilizer is the specified product. Recommendation - Bulk—Sunniland -.312/lb. Less than 1 ton — Howard Fertilizer - .353/lb. Item 3 15-2-15 The product offered by Sunniland is the specified product. The product offered by John Deere Landscapes 15-0-15 is considered to be equivalent to the product specified. Recommendation - Bulk — Sunniland -.35/lb. Less than 1 ton — John Deere Landscapes - .402/lb. I Page 333 of 482 Item 4 15-0-15 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk — Sunniland - .31/lb. Less than 1 ton — John Deere Landscapes - .311 /lb. Item 5 21-0-0 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk — Sunniland -.22/lb. Less than 1 ton — Diamond R-.258/lb. Item 6 21-0-0 (Greens Grade) The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk — Sunniland - .18/lb. Less than 1 ton — John Deere Landscapes-.264/lb. Item 7 0-0-50-17s The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk — Sunniland - .48/lb. Less than 1 ton — John Deere Landscapes -.50/lb. Item 8 0-0-21 The product offered by Diamond R is 0-0-22 and is considered to be equivalent to the product specified. Recommendation - Bulk -Diamond R -.341/lb. Less than 1 ton -Diamond R -.349/lb Item 9 0-0-21 (Greens Grade) The product offered by Diamond R is 0-0-22 and is considered to be equivalent to the product specified. Recommendation - Bulk -Diamond R Fertilizer - .354/lb. Less than 1 ton -Diamond R Fertilizer - .358/lb Item 10 Liquid Micronutrients- The lowest responsive bidder meets all the requirements of the specification. Recommendation - 2 Y2 gal container — Howard Fertilizer - $8.22/gal. 55 gal. drum — Howard Fertilizer - $7.08/gal. Item 11 13-3-13 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland - .424/lb. Less than 1 ton -John Deere Landscapes -.42/lb. Item 12 8-2-12 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk — Sunniland- .395/lb. Less than 1 ton — Howard Fertilizer- .43/lb. 2 Page 334 of 482 Item 13 Techmangam The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland -.636/lb. Less than 1 ton -Howard Fertilizer - .725/lb. Item 14 20-0-10 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland —.334/lb. Less than 1 ton -Howard Fertilizer — .372/lb. Item 15 20-2-10 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk Sunniland -.292/lb. Less than 1 ton — Howard Fertilizer - .347/lb. Item 16 9-2-24 The product offered by John Deere Landscapes 9-0-24 is considered to be equivalent to the product specified. The product offered by Sunniland is the specified product. Recommendation - Bulk-Sunniland -.371/lb. Less than 1 ton -John Deere Landscapes- .41/lb. Item 17 15-0-22 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland- .364/lb. Less than 1 ton -Howard Fertilizer - .393/lb. Item 18 16-2-8 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland -.249/lb. Less than 1 ton -Diamond R - .299/lb. Item 19 18-24-12 The lowest responsive bidders meet all the requirements of the specification. 11 Recommendation - Bulk-Sunniland - .306/lb. Less than 1 ton -Howard Fertilizer- .402/lb. Item 20 20-20-20 The lowest responsive bidder meets all the requirements of the specification Recommendation - Bulk -Howard Fertilizer — .986/lb. Less than 1 ton -Howard Fertilizer — .986/lb. Item 21 14-14-14 The lowest responsive bidders meet all the requirements of the specification Recommendation - Bulk -Diamond R Fertilizer - .47/lb. Less than 1 ton -Howard Fertilizer- .615/lb. 3 Page 335 of 482 Item 22 19-0-19 with Pre -M. The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk -Howard Fertilizer - .584/lb. Less than 1 ton -John Deere Landscapes - .56/lb. Items 23 24-2-11 Talstar. The product offered by John Deere Landscapes 24-0-11 is considered to be equivalent to the product specified. The product offered by Sunniland is the specified product. Recommendation - Bulk-Sunniland -.377/lb. Less than 1 ton -John Deere Landscapes - .412/lb Items 24 24-2-11 Talstar Granular. The product offered by John Deere Landscapes 18-0-10 is considered to be equivalent to the product specified. The product offered by Sunniland is the specified product. Recommendation - Bulk-Sunniland -.36/lb. Less than 1 ton -John Deere Landscapes - .39/lb Items 26 22-2-11 Atrazine. The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland -.309/lb. Less than 1 ton -Howard Fertilizer- .398/lb Items 26 High Manganese Combo. The lowest responsive bidder meets all the requirements of the specification. Recommendation - Bulk -John Deere Landscapes - $6.84/gal. Items 27 13-2-13. The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland - .369/lb. Less than 1 ton -Howard Fertilizer - .408/lb Items 28 14-2-14. The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland -.341/lb. Less than 1 ton -Howard Fertilizer - .372/lb Items 29 14-2-14 (Greens Grade). The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland -.48/lb. Less than 1 ton -Howard Fertilizer - .549/lb Items 30 24-0-11. The lowest responsive bidder meets all the requirements of the specification. Recommendation - Bulk -Howard Fertilizer - .315/lb. Less than 1 ton -Howard Fertilizer - .315/lb Items 31 Superthrive. The lowest responsive bidder meets all the requirements of the specification. Recommendation - Less than 1 ton -Diamond R -$116.00/gal. 4 Page 336 of 482 Items 32 21-0-7 The lowest responsive bidders meet all the requirements of the specification. Recommendation - Bulk-Sunniland -.33/lb. Less than 1 ton -Howard Fertilizer - .419/lb S Page 337 of 482 Page 338 of 482 Q n 2 9 2 2 n \ \ \ \ \ \ \ m \ \ \ \ \ Z �MCA� M 00 M M O c-O � CY) � I LC) L O O LO � M A cp00 1n 00 SCA.--.--NMf�ON\N N CO 14- LO UO 14- I' 00 00 f- f- 00 NT LO LO M 14-r� O W r N N N N M M M M `d M ' M cM M M _Q Z -0 .0 .O dO Z N � � N00 0 O r- M � CM LO CN N M ) M c j Z a N Z J_ U) O U ui :Q~ c c c c N 00 00 M f- M 1� 00 00 N O I' 14-00 p 00 �O O O L N N 1� 1� 1- f, M M ' Q J (0 LO (0 LO O O O O (0 oo � LO M M �� et 14-N M � N 00 M M M M N N r- ti dU � - O 0) N O �� '4t 14-r- r M M M M I' M M O N N 00. 2 W 2 N N � N 'd' O M N �: LO M14, M N (0 O LO r f- M m O W W 14, M 14'V -� � r � N Y Y J J D Op Y —M = O D � O m z 0° .-. m z w w W Wcc w w U m C� (D (D N (D UL UL (n U) COCO —� J Y Y w w».. wui Y QQ� Y J W W~ J W W O O J J O (� J Y J J m 00 m D Q' Q' N N� Q'Q'Q'�m ZZM m J m m m -- m C� C��m C�C�UU�- m QQvom m � L i �' �"' — M M O - O O `-' N N N N= •i O i .- r .- O O O O N N .- O N i i i i i i N N N. C V O O O O O O .- N .- N .- .. N N N i i 2 6 6 i i N N i i M M V U p (V C i i 0 0 N �' O O O I' � LO LO LO .� .� r i i �- N N N O O i O d d N N V i M M i W W O N N J J M co H N N O) N 0 0 0 0 0 •e) CO I— N N 0) HT—NIcol,q-lLol(o 11 co M O O N M 'V 1 CO ~ coO N N N N N N N co N M .-- �-- r y .q, .-- r N MO M co M M M M M 1 co 1 Page 338 of 482 Page 339 of 482 m .n' m m m m Q` m A .0 .0 -0 m m m A m m Q Q Q Z ::-- :zz cZ:z c c� c c--- wc�� ZZ ZZ -Oc OOON I� I-nO '4t 4-00N InON InL0O 'ct O O' O M O O I-T O N NS In - '4t M� In O O 'c1' O' N N ti� Lo ' W M G cD Q Z -0 mS] m S] ZZ Q ti �' .= 0000 MM �M Cl) ZQNM MM M Q Z a U) O U W Q N :7-ZZ C C 0 0 N N: O (D In �t �� 0 O O 00 00: 00 00 N O O to In O Cid U Q J 000000' ":M100NNNNOO NO0r-r-'-t 14'r•- d M M ct �� O` (fl (fl (n In �� CO M C-4 14- 14- M M 0 M M06 O w 2 W LL ZZc = W c c O N N (0 (fl a O r- r- In Ln 00 In co M O r M� � O O M MIM O W W .-00 -� Q (fl Y J OD Y Y co 00 z MW W Z Z Y Y J2 Q Q O ct Q W m U > M co w 00 IM " W 00 W W N Z Z_ W W WHHHH ZY Y W WY W_ = _ = a a J J J J Q' Q' C7 J J W W J - Y J Q Q Q J m NN � �HHHHQQQm m c?c?m CD C) CO •- �- N N O O 2 M 00 M 0 1 i i I . . . . . . . WiI i MNi N N N ONN N NNN N N N N N O O w N 0 0 O O I � qN N M M �4 I'l. (O 00 00 '.T 0) On '4Q- � qq� 't � qQ r4- --� C14 04 N N W N N N M S O r- 00 O O - N M t Lo O� 00 O O - N M (p I� 00 O O H N M '4t In O �t U') � LO 0 LO � O O (O (0 "T (O (O (fl (O (fl I� I� I� I� ti Page 339 of 482 Herb Hvman From: Deanna McAtamney [DMcAtamney@fortlauderdale.gov] Sent: Monday, June 15, 2015 9:44 AM To: Herb Hyman Cc: AnnDebra Diaz; Barry Sageman Subject: RE: Fertilizer Bid (co-op) I have looked at all and we can move forward to award. From: Herb Hyman [mailto:Herb Hyman(a)davie fl.gov) Sent: Friday, June 12, 2015 1:53 PM To: Deanna McAtamney Cc: AnnDebra Diaz; Barry Sageman Subject: Fertilizer Bid (co-op) Hi Dee, Hope all is well with you. Attached are all the bids we received and my bid tabulation. I highlighted all the low bids from a commercial standpoint. Please review the technical side and tell me if we have to disqualify anyone for not meeting spec or if we can move forward with an award to the low bidder for each item. Thanks. Herb Hyman, CPPD, CPPB, FCPM, FCPA, FCCN Page 340 of 482 TOWN OF DAVIE PROCUREMENT AUTHORIZATION FORM �l �� 4�/y3�/�' PROCUREMENT AUTHORIZATION FORM ITEM DESCRIPTION (include what the item is used for, reason for bidding, expiration date of existing contract, etc.) 425/L77- /L/ Z�GL — i/� 12,69 5�5 F-LaA CU 7a'//i%d l7/ i�Y • `� ff /S ,� Go �IU As Nc) 411, METHOD OF PROCUREMENT (mark the one that applies) N Open Competitive Bidding ❑ Sole Source ❑ Single Source ❑ Co -Op Bid Number ❑ Piggyback on Contract Number (including name of entity) ❑ Request for Proposal/Qualification ❑ Reverse Bid V.5 ACCOUNT NUMBER t9, we up6-5 APPROXIMATE COST Signed and Date: Department 6rector TOWN ADMINISTRATOR AND BUDGET/FINANCE DEPT. USE ONLY. DO NOT WRITE BELOW THIS LINE. BIDS SUBMITTED Vendor CosVRanking Signed ...............................................................................................................................................................I........ L - p we -s v- axnD o STAFF RECOMMENDATION/COMMENTS � ,,crL v R J51?c j1 9R6.)�uer 0 -P -f,-f 9'4`q-VOAJ Vendor Cost 41 of 482 BID NAME: BID NUMBER: ESTIMATED COST.- NO, OST: N0. CONTRACTOR'S NAME 1. 2. 3. l 4. 6. 7. 8. 9. 10. REMARKS BID OPENING REPORT TM: - DATE: J • % cj BID AMOUNT COMMERCIAL RANKING Ln,eLlep) 6 f9 oS'Prsc.-Ti v.e a-q,:�5gs -7-0 GJ tj c-� NOTE: THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED, AND BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. THIS IS ONLY A FINANCIAL RANKING OF ALL THE BIDS RECEIVED. THE USING DEPARTMENT IS RESPONSIBLE FOR REVIEWING THE BIDS FOR COMPLIANCE WITH ALL THE BID SPECIFICATIONS PRIOR TO SUBMITTAL OF LETTER OF RECOMMENDATION. PURCHASING OFFICIAL: WITNESS: DATE: DATE: AA Page 342 of 482 ' ns . . • • Fe aA..trrr, bequest for Texpa yw dft,, Identfffcat%n Number and CertMestfon j!C John Deere Landscapes "71—id—U rent limn• ___ -�-�-�s*w��eooarTaiadrrml�r _ °� � � p ❑ C (brprx.tl,,, n s Cwparrsioe, ❑ O Trurb/ Lknt°d/°I 'Off*ww"or tl�etalKd MP -0 D�tbn.8�8 ,p�Wr1�h�V� l'. aver= &numb.r�►+�Y, Hole, B th. account re In mere ttw, � ti,~e �,_ �._ _� on OW Form to the requester. Do not send to the IRS. anrer .ere the F.rt1 v rwmwer SoCsrlp rrowauer. bre �4. Kyou rb frog � P� 8, For athvEM-M-T77 nbe , .ee Nrnv A� pefe 1. The ►xmnber strown on thte lam b ~ 2 I.rri rrot � Idwacallon matrber (or I am wet for s number fa be subJeat to hookup wRhwft becaueg; G+1 ! am >ftr+ad b Mq. and �+utoa pABJ that 1 aln ")eat � w e r ar QI n � � � I rw brlpar aub)eat to �) 9. 1 am a U.B. olt M w other U.B person {ds5rred nom me that I em Z abm r you hwa been nOMd by the IRB the W. are arursntly MagW fe proper' ' Ow'" M'UftLof f real.eteta trarraecffonm. Rem 4 dare not V , p y w ,, YOU oranotwAdrsdtoalprpthe but redremantaumpg errt� 1 4 1 Mn"YOW 0orroot TIN, Ba tW Section rse .no.a to the tntenid tis iva Coda craw oNwvbe P+rpoae of Form ObWn A Par, who b nr $S_d to IMS an idor "M mum WM ON IRB must VIOUN"Yow61ao � r U0° oeBon manb.r pM to rpt for WU pal+ 4a9utei$ori 0 �a �Vansawtraawl °td*' or � you made to Z IAA. tY. D°hOS9epan Use Pana W -p G* if you are ■ U.B.penal pwbft"Irto prolft youromMOICIOM ce" TW Io fhs person D ry ^ and wtr.rr woosw to ft nun bp you me glvk>B is eornsry (w Yau era waft hu e P. Carlgy th.t you are rat aubkot Ioba*p s. qtr n Nan backup � Nyou aro a U.B. sxww aP+y►aa, l/ You eft also nwtftw t1+at"a U.B. Parson,, yorr Iloeabla &hwv of arty Pm►orenh�p 11wo W Nam a U.B. trade or brsrbraea ° "eh►aorr ubjw soeSd i V t" cm toretr, pp .• them m W MR Folin W-6 - - - _ ..'" ••"•"�} i9tdla 001111140" err a U.B. person. For federal hx purpcef% yw am oonetderW a U.6: paean R You are: • An itdtv3dwi K% h a U.B. OMM or U.S. matdant aftr A Ixsrtmrahlp, aorpDndon, oompmay, or.woaialton orededor °fid In the Ufi*d Bbdes or under fie taws of the tht w • An agitate (other ftna jundpn OWK or • A dom000 trrrrt (ere d#%wd fn ftWO rle aaotbn 801.1701-7♦, 4°°iatr`d'd' fbrply ftra}d�, P.rkir+tl�eantaor►oumt, Crede or bagln.am In Ow thled testes are pWM bxonawfftnpot"M'char.if � f°h + +D Rwmw. In txu" can wwo a f+txm 11f:B hM not 6.on roe a � � � r�rid to praarane it'rar r w to t fantp,, parbrertn a P tar mfto h& a era a U.B. Perron & (r e ebbs, P►MOFM W8 •tr.daorbuelr>.arfiRa� atreha arxt a►'ek►>s)ihtu>ldtnp on your PwbwMw k%&jwi, C rt No. INSIX tom+-1�9 s I Page 343 of 482 Town of Davie VendorBidder Disclosure I, Mb l [ VOW being first duly sworn state that: The full le name and business address of the person(s) or entity contracting with the Town of Davie ("Town") are as follows (Post Office addresses are not acceptable): Name of Individual, Firm, or Organization: Address: FEIN State and date of incorporation OWNERSHIP DISCLOSURE AFFIDAVIT John Dee_6,ds a� - _ re Lnd�ca�_ 1385 East 36th Street _ Cleveland, Ohio 44114 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who directly or indirectly holds five percent (51/o) or more of the corporation's stock. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses are not acceptable): Full Legal Name Address —i�-ease- seg ��peQ lis+�j loe�I b�ar��ies Ownership Page 344 of 482 2. The full legal names and business addresses of any other individual (other than subcontractors, materialmen, suppliers, laborers, and lenders) who have, or will have, any legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not acceptable): Full Legal Name Address 3y:Signature Afiant Pint S40I? SCRIBED ANSWORN TO or affirme before me this �A day of _ UA -L 2015 by he/she is personally I&Hown to m r has presented as identification. Notary Public, Serial Number My Commission Expires : (- 'o?S"- M Page 345 of 482 Detail by Entity Name Detail by Entity Name Foreign Limited Liability Compan JOHN DEERE LANDSCAPES LLC Filina Information Document Number M13000007176 FEI/EIN Number 36-4485550 Date Filed 11/07/2013 State DE Status ACTIVE Last Event LC AMENDMENT Event Date Filed 11/19/2014 Event Effective Date NONE Principal Address 1060 Windard Ridge Pkwy Ste. 170 Alpharetta, GA 30005 Changed: 04/16/2015 Mailing Address 1060 Windard Ridge Pkwy Ste. 170 Alpharetta, GA 30005 Changed: 04/16/2015 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Authorized Person(s) Detail Name & Address Title Manager JDA Holding LLC 1060 Windard Ridge Pkwy Ste. 170 Alpharetta, GA 30005 Page 1 of 2 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 6 R81* of 482 Detail by Entity Name Page 2 of 2 Annual Reports ReportYear Filed Date 2014 06/12/2014 2015 04/16/2015 Document Images 04/16/2015 --ANNUAL RE.PORTJ View image in PDF format 11/19/2014 -- LC Amendment r View image in PDF format 06/12/2014 --ANNUAL REPORT I View image in PDF format 11/07/2013 -- Foreign Limited F View image in PDF format Cooyriaht C and Privacy Policies State of Florida, Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 6/P47 of 482 WM9 r. Request for Taxpayer Give For, to the �" tmn"�''�"'apsury identification Number and Certification requester. Do not �fthe rRevaxreService send to the IRS. Name (as shown on your income tax return) Diamond R Fertilizer Co., Inc N Business namWdisregarded entity nerve, It different from above a, m m Check appropriate box for federai tax o mon (required): ❑ fndiMuallsoie proprietor ® C Corporation ❑ S Corporation ❑ Partnemhip ❑ TnmVestate c i ❑ f hafted fiabiiity company. Enter the tax classification (C=C corporation. S=S corporation, P=partnership) 10-© Exempt payee LC � ❑ other (,e instructions) 0, (number, street, and apt. or suite no.) Requesters name and address (optional) 4100 Glades Cutoff Road m City, state, and ZfP bode � Ft. Pierce, FL 34981 W account number(s) here (optionaQ T er identification iiitdunber JOB in� Enter your TIN in the appropriate box The TiN provided must match the name given on the "Name" fine dial sect"* Mmdw to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident mien, sole proprietor, or disregarded entity, see the Part i instructions on page 3. For other —M _ entities, it is your employer identification number (EIN). if you do not have a number, see How to get a 77N on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employ-iasntlficetiors number number to after. 59 d _ 05 35 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or i am waiting for a number to be issued to me), and 2. lam not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the iRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. � r Sign - Hers ► ,'i,rt" Daft 11. 6-9-15 General Instructions Section references are to the internal Revenue Code unless otherwise noted. Purpose of form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number MM to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only N you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding f you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form otherthan Form W-9 to request your TiN, you must use the requester's form N it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: • An individual who is a U.S. citizen or U.S. resident alien, • A Partnership, corporation. company, Or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, If you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your US. status and avoid withholding on your shave of partnership income. Cat No. IM31X Form W-9 (Rev. 1-2011) Page 348 of 482 Town of Davie Vendor/Bidder Disclosure 1, Thom Chester . being first duly sworn state that: The full legal name and business address of the person(s) or entity contracting with the Town of Davie ("Town') are as follows (Post Office addresses are not acceptable): Name of Individual, Firm, or Organization: Address: FEIN State and date of incorporation OWNERSHIP DISCLOSURE AF IDAVIT Diamond R Fertilizer Co., Inc. 4100 Glades Cutoff Road Fort Pierce, FL 34981 59-0593514 Florida 07-1943 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who directly or indirectly holds five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses are not acceptable): Full Legal Name Address Ownership See attached % o� Page 349 of 482 r) Diamond R Fertilizer Co., Inc. 4100 Glades Cut-off Road Fort Pierce, FL 34981 FEIN: 59-0593514 Name Title/position Address City State Zip > than 5% owner? John Minton Chairman PO Box 670 Fort Pierce FL 34950 yes Bert Roper Vice Chairman PO Box 218 Winter Garden FL 34777 yes Wayne Carlton Director 3782 McCarty Road Fort Pierce FL 34945 yes Roy Childs Director 2715 S. Indian River Drive Fort Pierce FL 34950 yes Jim Russakis Director 8801 Indrio Road Fart Pierce FL 34951 no Cal Streetmen Director PO Box 1904 Vero Beach FL 32950 no Steve Cassens Treasurer PO Box 593 Fort Pierce FL 34954 no Ken Scott Secretary PO Box 576 Fort Pierce FL 34954 yes Wes Williamson Director PO Box 248 Okeechobee FL 34973 no Mike Hudson President/CEO 18203 Bridle Way Port St Lucie FL 34987 no Tracy Kay Vice -President 1542 SW Lexington Drive Port St Lucie FL 34953 no Page 350 of 482 2. The full legal names and business addresses of any other individual (other- than subcontractors, materialmen, suppliers, laborers, and lenders) who have, or will have, any legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not acceptable): Full Legal Name Address Signature of Affiant Print Name Date: SUBSCRIBED AND SWORN TO or affirmedM me this day of —'k,nQ_ 2015, by — CSm,he/she is ersonall known to me or has presented as idents cation. (74ACO, LVQ3-jl� Notary Public, State of Florida at Large r1 Print or Stamp of Notary D' Serial Number c� My Commission Expires Page 351 of 482 Detail by Entity Name Detail by Entity Name Florida Profit Corporation DIAMOND R FERTILIZER CO., INC. Filina Information Document Number 142303 FEI/EIN Number 590593514 Date Filed 07/12/1943 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 09/01/2010 Event Effective Date NONE Principal Address 4100 GLADES CUT-OFF ROAD FT. PIERCE, FL 34981 Changed: 04/14/2011 Mailing Address 4100 GLADES CUT-OFF ROAD FT. PIERCE, FL 34981-4711 Changed: 03/13/2008 Registered Agent Name & Address HUDSON, Michael 4100 GLADES CUT-OFF ROAD FT PIERCE, FL 34981 Name Changed: 04/21/2014 Address Changed: 03/13/2008 Officer/Director Detail Name & Address Title S SCOTT, KEN Pagel of 3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 6R49203M of 482 Detail by Entity Name PO BOX 2457 FORT PIERCE, FL 34954 Title P HUDSON, Michael 4100 GLADES CUT-OFF ROAD FORT PIERCE, FL 34981 Title C MINTON, JOHN P 0 BOX 670 FORT PIERCE, FL 34954 Title T CASSENS,STEVE P.O. BOX 770218 FT. PIERCE, FL 34954 Title V, CFO KAY, TRACY 4100 GLADES CUT-OFF RD. FT. PIERCE, FL 34981 Annual Reports Report Year Filed Date 2013 04/15/2013 2014 04/21/2014 2015 04/28/2015 Document Images 04/28/2015 -- ANNUAL REPORT 04/21/2014 -- ANNUAL REPORT 04/15/2013 -- ANNUAL REPORT 04/11/2012 -- ANNUAL REPORT 04/14/2011 -- ANNUAL REPORT 09/01/2010 -- Amendment 04/12/2010 -- ANNUAL REPORT 04/14/2009 -- ANNUAL REPORT 03/13/2008 -- ANNUAL REPORT 03/19/2007 -- ANNUAL REPORT 02/27/2006 -- ANNUAL REPORT 10/14/2005 -- Amendment View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format http://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... Page 2 of 3 Form w-9 (Rev. August 2013) Depar "=11h e Treasury Intemai ue service Request for Taxpayer identification Number and Certificatlon Name (as shown on your income tax return) 710ward Fertilizer & Chemical Co inc Business nameJdisregarded entity name, if differ, Check appropriate box for federal tax olaselfioation: ❑ IndlviduaVeole Proprietor 21 C Corporation ❑ S Corporation ❑ Partnership ❑ TrusVestete Give Form to the requester. Do not send to the IRS. Exemptions (see instructions): ❑ Limited liability company. Enter the tax classification (C� corporation. S=S co Exempt payee code (it any) . corporation. p --partnership) ----- Exemption from FATCA reporting ❑ Other (see lnatn"Inns) ► code (H arty) ddress (number, street, and apt or suite no.) T6 S. Orange Ave Requester's Warne and address lcotronan Orlando, FL here Enter --- - - •-......,o. t..r,W� your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line so secu to avoid backup withholding. For lridividuals, this is your socia! security number (SSN). However, for a rKY number resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entitles, it Is your employer identification number (EIM. If You do not have a number, see How to get a Ell_ IT TIN on page 3. Note. If the account iS in more than one name, see the chart on page 4 for guidelines on whose &Wloysr ider@t�ieAtt..., number to enter. ©0000QoeeE Under penalties of perjury,) certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from badwp withholding, or (b) (have not been notified b Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS h the internal Revenue no longer subject to backup withholding, and s notified a that I am 3. 1 am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (f any) Indicating that 1 am exempt from FATCA reporting is correct. Certification instructions. You must crass out item 2 above if because you have failed to report all Interest and dividends on air tax reu have turn. For real ified mate transactions, item 2 does notapply. F r mortgage interest paid, acquisition or abandonment of secured he IRS that Y currently subject to backup withholding generally, payments other than Interest and dividends o � not �uired to sof ign the a certification buutt Individual retirement arrangement o Instructions on page 3. ^ you must provide your TINT thnd e Sign Signature of Here U.S. person P. General instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The iRS has created a page on IF S.gov for Information about Form W-9.effecting Form W 9 (such� a le�glslatitionn eneCttion ed aft about eareleaee future developments be posted on that page. Purpose of Form A person who is required to fife an Information return with the IRS must obIWn your correct taxpayer identification number MN) to report, for example. Income paid to You, payments made to you In settlement of payment card and third transactions, real estate transactions, Mort _ Perth network abandonment of secured property, cancellation of debt, orow lrrbutl etlian ku to an IRA You made Use Form W-9 only H you are a U.S. person (including a resident alien), to PrOVICIO applic able ur correct TIN to the person requesting It (the requester) and, when to be Y that the TIN you are giving is correct (or you are waiting for a number sued), 2. Certify that you are not subject to backup withholding, or 3. Clairn applicable, you are from f �oaflbackup withholding If you are a U.S. exempt Payee. If any partnership income fromf a U S. tradat e e o business Is your sub�� share of )act to the Date ► & // / withhoidrng tax on foreign partners, share of effectively connected income, and 4. Certify that FATCA oode(s)entered on this form (if any) Indicating that you are exempt from the FATCA reporting, Is correct Note. If you aro a U.S, person and a requester givesW-9 to YOU a form other than Form similar to th ssForrm Wt YoLw 19. you must use the requestees form H it Is substantially Definition of a U.S. person. For federal tax purposes parson If you are: . you are considered a U.S. • An Individual who Is a U.S. citizen or U.S. residem alien, parinjershI United States or ucOrPoratiolawe of the United station created or organized in the • An estate (other than a foreign setate), or • A domestic trust (s defined in Regulations section 301.7701.7). special rules for partnerships. Partnerships that conduct a trade or business in 1446 on the United States are generally required to pay a withholding tax under section any foreign Partners' share of effeotively cormaoted taxable income from such business. Further. In certain cases where a Form W -ii has not b Hie rules under section 1446 require a partnership to presume received, that a been een rreceia foreign person. and pay the section 1446 withholding tax. Thereen fore, Ir you are a U.S. person ttW is a partner In a partnership conducting a trade or business In the UnrtandsdavoStaidtes,section protide Fo►m W-9 to the partnership to establish your U.S. status 1448 withholding on your share of Pertnershlp income. Cat. No. 10231X Form {ifl'-9 (Rev. 8-2013) Page 354 of 482 ACORD,,, Lmenun 74uoul t CERTIFICATE OF LIABILITY INSURANCE nwwffj.FER _ DATE (MMIDDIYYYY) nra L.cr[ 1IrIt:A IF: IS ISSUED ASA MATT2015 ER OF INFORMATION ONLY AND CONFERS NO RIGHT$ UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THEPOLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must beendo certificate holder in lieu of such endorsement(s). rsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy. certain Policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER BB&T-J. Rolfe Davis Insurance riMA PO Box 4927 r 407 691.9600No:B88-635.4983Orlando, FL 32802-4927 407 691-9600 INSURED 1 INSURERA: A is Specialty Insurance Howard Fertilizer & Chemical Company Inc INSURER e : Commerce & Industryin PO Box 628202 INSURER C : Orlando, FL 32862-8202 INSURER D: -- ceNTIFICATE NUMBER: 15!16 BAIBWSPNCVENMG THIS IS TO CERTIFY THAT THE POLICIES UI INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME O ROVE BOR 7HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RR TYPE OF INSURANCE ADDL Ua I POLICY NUMBER FOLIC FF , POLI Y E(p A GENERAL LIABILITY MiUID MMR) LIMITS X EG1230843 2/09/2015 03/31/201 EACH OCCURRENCE X COMMERCIAL GENERAL LIABILITY F7y�E $1000000 cLAIMs-MADE OCCUR Ea NSR nce s300000 X BI/PD Ded•$25,000 'MED ExP Anyone arson $25000 X Pollution -Cams Made PERSONAL &ADV INJURY $1 000 000 GEN'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE 32,000.000 B AUTOMOBILE LIABILITY X CA5677821 X ANY AUTO 2101/2015 03/31/201 EECOM�EDSINGLELIMIT EO SCHEDULED BODILY WJURY (Per person) X HIREAUTOS X AUTOS NON -OWNED BODILY INJURY (Per amMent) AUTOS PROPERTY DAMAGE P 8coidanl A UMBRELLA LIAR X OCCUR EGU1230872 210112015103131/201 X EXCESS UAB n _ _ EACH OCCi1RRFure B IWOPJMftSCOMPENSATION AND EMPLOYERS' LIABILITY X WC035808759 ANY FICEEW EEMBERE�UDEO?ECU7IVEY/N (MandatorylnNH) r NIA DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Atladt ACORD 101, AddRlonal Remarks Selrodule, if more apace is Additional Insured status Is granted with respect to General Liability If required by writterequl►ed)n contract or agreement per Commercial General Liability & Pollution Legal Liability Coverage Form #103124 (11/13); with respects to General Liability Additional Insured Primary & Non -Contributory -Owners, Lessees or Contractors Endorsement -Your Work Form #103393 (10/09); Additional Insured Vendors Endorsement Primary & Non Contributory Form #103388 (10109); Additional Insured - Managers or Lessors of Premises Endorsement Form (See Attached Descriptions) - — Proof of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE FOR INFORMATIONAL PURPOSES ONLY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN - XX ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ---- 4494x'7 dx. oe"-A—1 ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of A ORDS 2010 ACORD CORPORATION. All rights reserved, #S13659048/M13657351 EMTU Page 355 of 482 Town of Davie Vendor/Bidder Disclosure I, OQ.I i[ Aldc , being first duly sworn state that: The full legal name and business address of the person(s) or entity contracting with the Town of Davie ("Town") are as follows (Post Office addresses are not acceptable): Name of Individual, Firm, or Organization: Address: FEIN State and date of incorporation OWNERSHIP DISCLOSURE AFFIDAVIT F306 s a �!�ge A ve- 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who directly or indirectly holds five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses are not acceptable): Full Legal Name Address Ownership l� % Page 356 of 482 2. The full legal names and business addresses of any other individual (other than subcontractors, materialmen, suppliers, laborers, and lenders) who have, or will have, any legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not acceptable): Full Legal Name By: OSignatureo�f�Aflinant zle— Print Name Address Date: SUBSCRIBED AND SWORN TO or affirmed before me this 1 day of —3 (An if 20L&by _ DoJ e Ly • ��,� , he/she is personally known to me or has presented F L L as identification. 41W Leper Mate Of Florida 41"-zo" MY COMMISSION # FF 220169 Expires: May 1, 2019 No `blic, State of El ida at lige Y L -010-,0 Z Print or tamp of Notary FF lao1bq Serial Number My Commission Expires :�1 I q Page 357 of 482 Detail by Entity Name Detail by Entity Name Florida Profit Corporation HOWARD FERTILIZER & CHEMICAL COMPANY, INC. Filina Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 8306 S ORANGE AVE ORLANDO, FL 32809 Changed: 09/10/2002 Mailing Address P O BOX 628202 ORLANDO, FL 32862-8202 Changed: 09/10/2002 198590 590788131 12/27/1956 FL ACTIVE AMENDMENT 01/05/2011 NONE Registered Agent Name & Address HOWARD JR,ROBERT M 8306 S ORANGE AVE ORLANDO, FL 32809 Address Changed: 06/15/2010 Officer/Director Detail Name & Address Title DCS HOWARD JR,ROBERT M 5554 JESSAMINE LANE ORLANDO, FL Pagel of 3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 09MEM8 of 482 Detail by Entity Name Title V PALMER, CHARLES 28971 KIRANICOLA CT. BONITA SPRINGS, FL 34135 Title T GRABHORN, DANIEL D. 6516 THE LANDINGS DR ORLANDO, FL 32812 Title P HOWARD JR., ROBERT M. 5554 JESSAMINE LANE ORLANDO, FL Annual Reports Report Year Filed Date 2013 01/07/2013 2014 01/08/2014 2015 02/10/2015 Document Images 02/10/2015 --ANNUAL REPORT View image in PDF format 01/08/2014 --ANNUAL REPORT View image in PDF format 01/07/2013 -- ANNUAL REPORT View image in PDF format 01/03/2012 -- ANNUAL REPORT View image in PDF format 01/14/2011 --ANNUAL REPORT View image in PDF format 01/05/2011 --Amendment View image in PDF format 06/15/2010 -- Req. Agent Change View image in PDF format 02/23/2010 -- ANNUAL REPORT View image in PDF format 01/13/2009 --ANNUAL REPORT View image in PDF format 02/04/2008 -- ANNUAL REPORT View image in PDF format 03/19/2007 -- ANNUAL REPORT View image in PDF format 05/01/2006 -- ANNUAL REPORT View image in PDF format 02/23/2005 -- ANNUAL REPORT View image in PDF format 04/23/2004 -- ANNUAL REPORT View image in PDF format 04/22/2003 -- ANNUAL REPORT View image in PDF format )9/10/2002 -- ANNUAL REPORT View image in PDF format )6/11/2001 -- Name Change View image in PDF format Page 2 of 3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 091EM9 of 482 .- Fafm ROquest for Taxpayer �.. lden ua#iop Nurn�®r Give Fa m to the anderit%a#fon ' Ao nct tdinwr, arum;► :: trot rquriyj. _ °�i��utaa�ee� [] LhNadYatdBpr Pmt�lpaltjp Q T t�hrthe:to« � 8� oaf, .M4► i 2'7-/Z— 600/ Iftsmift"OOMIS In MM _ _.. �,,,,�o y : -. r...• w ... yw w: no[:IR;Y! $11{jRli)bFi tie8 J�W:Dyp/1!Lj--U Iii A ►tb war, OM am �►lta, 8et1111O:OtIDIt O11:W98 ♦ tflf ��j� pn y�e rAftd.8t1OO8 Afl9 tO tie lrrtatnal tielNetl{)g 006 UnWW CVWVAeB Pu pose of Fbnn A Pars" whe b ro9tfrad:m t�Fotmatton Qitnyour ruin wM ttae:igo m.M brootna�ot ��►1fo �, for ypv Y sat state Wdikir UM s 6tterast ► W�y UL � f►�AarlY. a�taelfa�mf "U" ted M; oo"" 17NW* a a flNf Mims" MW MPANte, tot 1._ nuftwYthtt:fha "N VDU aiepg to txnect (� Yo+►am toes tpbe:tret+aag: p'Yt1Nrtt:You�e notaaobadarp wltMi6f, or e, cYd„ thorn P+4Yae. KSRp��Yo►►:aro edto � tt.you ati a U t3,: aNneabie a pf t=#* is a tl t3, Reuapry :yar not a Flom a UA !tads or bu st►�ae u jt t m f: fav4pn potiata tlheteaof � tex on DalkAft iatj.6 ft" tox.p Def,:YWAX p•�n 11 yotr ate: . *MV W V*W 6 a U.B, otttffl Or U.$. AO)doat Wkq A I�tnt, � riheMws oftha.11r��}ee, •Moetsfs(pyla�vta lila or �l+aodrttlotttesbta d#*" fn Ae�tYaypns BDt;I7O1,�, as t� tine Uh�d' pir�instoonduat�� baa ore paurr trmo., rrredto �!�Y�►t�'i pM�tete' ed�ete tit'Irmrs �..�.�.�N CAL Na 1088111 it nnYars)ij q ii Ebm W-9 fyy 8pt 11 a 1 i Page 360 of 482 Town of Davie VendorBidder Disclosure I, 4.,541,< �4oe- being first duly sworn state that: The full legal name and business address of the person(s) or entity contracting with the Town of Davie ("Town") are as follows (Post Office addresses are not acceptable): Name of Individual, Firm, or Organization: Address: FEIN State and date of incorporation OWNERSHIP DISCLOSURE AFFIDAVIT goof yL 3Z-7-7? 59-193 74,,,63 A10 k -ti. -,e. /y 7 9 I. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for Mob officer and director and each stockholder who directly or indirectly holds five percent (5%) or more of the corporation's stack. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses. are not acceptable): Full Legal Name Address Ownership �►� /hvv.�e f�D. /Sox fOVl Sr-Y✓r ,3277z !►- % �o o�Q Page 361 of 482 2. The full legal names and business addresses of any other individual (other ;than subcontractors, materialmen, suppliers, laborers, and lenders) who have, or wili have, any legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not acceptable): Full Legal Name Address r By: Date: OS Zo/S- gna of t Print Name SUB CRKIBED AND SWjDRN TO or affirmed before me this ` day of 204 by , he/she is Personally known to me. or has resented p Y F �� - C �- as identification. JASON OGDEN ub ie Florida at Large ani A�'c Notary Ptalo, State of Florida Commisslonp FF 109988 My romm. expires Apr. 06, 201$ rint or Stam I 67 C( Serial Number My Commission Expires: Page 362 of 482 Detail by Entity Name Detail by Entity Name Foreian Profit Corporation SUNNILAND CORPORATION Filing Information Document Number 844615 FEI/EIN Number 591937683 Date Filed 11/15/1979 State DE Status ACTIVE Principal Address 1735 SR 419 LONGWOOD, FL 32750 Changed: 04/06/2005 Mailing Address P.O. BOX 8001 SANFORD, FL 32772 Changed: 04/06/2005 Registered Agent Name & Address MOORE, THOMAS W 1735 SR 419 LONGWOOD, FL 32750 Name Changed: 02/10/2003 Address Changed: 04/06/2005 Officer/Director Detail Name & Address Title PDC MOORE, THOMAS W. 1735 SR 419 LONGWOOD, FL 32750 Title SD Pagel of 3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 6ftWP1 M of 482 Detail by Entity Name CAHILL, JOHN F 1735 SR 419 LONGWOOD, FL 32750 Title TD FRANK, RICHARD T 1735 SR 419 LONGWOOD, FL 32750 Title D MOORE, LEE P 1735 SR 419 LONGWOOD, FL 32750 Annual Reports Report Year Filed Date 2013 02/25/2013 2014 02/20/2014 2015 02/13/2015 Document Images 02/13/2015 -- ANNUAL REPORT View image in PDF format 02/20/2014 -- ANNUAL REPORT View image in PDF format 02/25/2013 -- ANNUAL REPORT View image in PDF for 04/11/2012 -- ANNUAL REPORT View image in PDF for 04/18/2011 --ANNUAL REPORT View image in PDF format 04/20/2010 -- ANNUAL REPORT View image in PDF format 04/20/2009 -- ANNUAL REPORT View image in PDF format 03/18/2008 --ANNUAL REPORT View image in PDF for 02/26/2007 --ANNUAL REPORT View image in PDF format 02/27/2006 --ANNUAL REPORT View image in PDF for 04/06/2005 -- ANNUAL REPORT View image in PDF format 03/30/2004 -- ANNUAL REPORT View image in PDF for 02/10/2003 --ANNUAL REPORT View image in PDF for 01/23/2002 --ANNUAL REPORT View image in PDF format )1/30/2001 --ANNUAL REPORT View image in PDF for )1/12/2000 -- ANNUAL REPORT View image in PDF for )1/21/1999 -- ANNUAL REPORT View image in PDF for )1/21/1998 --ANNUAL REPORT View image in PDF format Page 2 of 3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 601*0.06-4 of 482 Item Coversheet TOWN OF DAVIE TOWN COUNCIL AGENDA REPORT To: Mayor and Councilmembers From: Herb Hyman Prepared By: Herb Hyman - Purchasing Subject: Resolution Affected District: Town Wide Item The contract, once awarded, will be used on an as needed basis by any department of the Town. The Request Schedule for Council Meeting Item Number: 20. Page 1 of 1 Title of Agenda BID SELECTION -A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BIDS FOR FERTILIZER AND Item: PROVIDING FOR AN EFFECTIVE DATE. Executive A competitive bid was conducted for the supply of fertilizer which may be needed by the Public Works Department, Parks, Recreation & Summary Cultural Arts Department, and/or the Utilities Department. The Town acted as lead agency for the Southeast Florida Cooperative Purchasing Group for this bid. In addition to the Town of Davie, twenty-four (24) other co-op agencies participated in this bid. The bid opportunity was publicized in the Sun -Sentinel and also posted on the Town's website. The Town sent out specifications to eleven (11) prospective bidders and received four (4) bids. All bids were evaluated with regard to compliance with the specifications. The recommendation is for the lowest bidder for each item as identified in Attachment "A". The initial contract period is two (2) years. Key Points: This is a cooperative bid for the supply of fertilizer on an as need basis with the Town acting as lead agency for the twenty-five (25) participating agencies. • The Town received four (4) bids. • The recommendation is for the lowest bidder for each item. • This is a two (2) year agreement. Previous None Actions: Concurrences: The Town's Procurement Manager reviewed all the bids for commercial compliance. Bids were reviewed for technical compliance by Deanna McAtamney from the City of Fort Lauderdale who is a technical consultant to the co-op. Fiscal Impact: Has request been budgeted? N/A If yes expected cost: Account name and number: If no, amount needed: Account name funds will be appropriated from Additional Comments The contract, once awarded, will be used on an as needed basis by any department of the Town. The associated cost will come for the operating budget of the using department. Recommendation: Motion to approve Strategic Goals This Item Supports: Commitment to Customer Satisfaction, Dedication to Excellence in Service Delivery, Nurturing the health, safety, and welfare of the community ATTACHMENTS: File Name D RES BID fertilizer 2015.docx D backup for fertilizer (2015).pdf Description Resolution Backup http://davie.novusagenda.com/agendaweb/CoverSheet.aspx?ItemlD=1254&MeetingID=93 'h NQ65 of 482 The City of Bounton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX.- (561) 742-6316 �-r RE: "FIVE YEAR CONTRACT FOR FINANCIAL ADVISORY SERVICES" RFP No.: 067-1410-10/JMA &�Mi 11111IF11117 RME 17111111111 1 I R Yes, I agree to renew the Consultant Agreement under the same terms, conditions, and rates for an additional year. No, I do not wish to renew the Consultant Agreement for the following reason(s):_ PUBLIC FINANCIAL MANAGEMENT, INC. ILI, NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE Mi (please print) =�W 9 I TITLE America's Gateway to the Gulf Stream Page 366 of 482 FinancelProcurement Services 100 E. Boynton Beach Boulevard P.O. BOX 310 ftxton B z"h, 1g, Telephone /Va.' (561) 742-6310 FAX: (561) 742-6316 1% E: A TWO YEAR BID FOR DUMPSTER REPAIRS FOR THE CITY OF BOYNTON BEACh CONTP.4CTRENEWAL PERIOD.- JANUARY 16 ,2017 TO JANUARY 15,2018 - Yes, I agree to renew the existing agreement with the same Terms, Conditions and Rates for an additional year, — No, I do not wish to renew the agreement for the following reason(s): IIES SALES AND SERVICE, LLC NAME OF COMPANY Sl( L Id e7 NAME OFREP�R �TAITIVE T-11 (Please p DATC- FAF E-MAIL ADYR—E0zSS--SSQ 6.1. CONSENTAGENDA 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on October 4, 2016. EXPLANATION OF REQUEST: The City Commission met on October 4, 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 10-4-16 Action Approved Date 10/14/2016 - 1:36 PPA Page 368 of 482 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 4, 2016, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Mack McCray, Vice Mayor Commissioner Justin Katz Commissioner Christina Romelus Commissioner Joe Casello 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Tim Howard, Assistant City Manager Jim Cherof, City Attorney Judith A. Pyle, City Clerk Mayor Grant called the meeting to order at 6:31 p.m. Invocation by Rev. Jay Forester of Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Grant ROLL CALL City Clerk Pyle, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant added item 3E - Hurricane announcement to the agenda. 2. Adoption Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion/ Vote The motion unanimously passed, Page 369 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA 2. OTHER A. Informational items by Members of the City Commission OCTOBER 4, 2016 Commissioner Casello attended the Coalition of Boynton West Residential Association (COBWRA) on the 21st and a Sober Home Task Force meeting. On the 22nd he attended the Palm Beach County Business Development Bureau Luncheon, and on the 28th he attended the Palm Beach County League of Cities. Commissioner Katz disclosed he spoke with residents relative to Riverwalk, the D'Almeida project and the Quantum Park Overlay District. Vice Mayor McCray attended the Senior Health Fair at the Civic Center. He was impressed by the Supervisor of the Center, Brent Rolle and praised him as an asset because he personally thanked all and gave a handshake to the attendees. Mayor Grant met on the 21st with Joe Russo, Palm Beach Tech Association, to schedule a meet and greet, and attended a 2-1-1 Legislative Update. He met on the 22nd with the Mayors Literacy Initiative with Craig Clark, Library Director. On October 27tH a Read for the Record event, which Boynton Beach has won for the last three years, will take place. The book is the Bear that Ate your Sandwich. On the 23rd, he spoke at Freedom Shores Elementary School, and that afternoon received a thank you letter from the Boynton Beach Tiger Sounds for attending the Battle of the Bands. On the 24th he attended the Pick Pack Play which was a donation to the Boys and Girls Clubs made through the Dr. Pepper and Snapple distribution center. He attended the Boynton Beach Youth Movement Circuit Training at Boynton Beach High School to assist with health and exercise and provides scholarships to youth in Boynton Beach. On the 28th he attended a WXEL taping of Between the Covers. He attended the Geographical Information System (GIS) Expo on the 29th, noting the City has a GIS Department. He met with Dr. Lisa Williams -Taylor at the Children's Services Council, and attended a Sister Cities international Board Meeting. On the 30th he attended the League of Cities as he is on the Growth Management Economic Legislative Policy Committee. They will move forward with discussions on legislation regarding the CRA, annexation and impact fees. On October 1st, he kayaked with veterans and Wally and Debby Majors as part of the Veterans Stand Down House. He attended Temple Beth Kodesh for Rosh Hashana and wished all a Happy New Year. Commissioner Romelus attended the Business Development Board luncheon, the Truman Kennedy Johnson Democratic Dinner and the St. John 108th Anniversary Dinner. She met with Bradley Miller regarding the D'Almeida project, went to the Clinton Rally and the Haitians and Friends United Against Breast Cancer walk at Intracoastal Park. She may be attending the Newly Elected Officials Conference in Tampa this weekend, weather permitting. She requested a brief moment of silence for the individuals in Haiti enduring Hurricane Matthew, 0 Page 370 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation by department staff about the Development Department. Andrew Mack, Development Director, introduced Tia Stokes, Development Services Supervisor; Debra Mazakas, Intake Staff; Patsy Grisson, Development Services Coordinator; Selecia Brown, Business Development Specialist; Mike Rumpf, Planning and Zoning Director, and Shane Kittendorf, Building Official. Mr. Kittendorf, explained Development Department consist of Development Services, Planning and Zoning, Community Improvement and Building Services. Development Services consists of the management core group including the Director, division heads, the Certificate of Use (COU) and Business Tax Receipt (BTR) Manager and the intake staff, which is the frontline. They process the paperwork regardless where it is going in the department. The COU and BTR manager oversees issuance and renewal of 7,000 businesses annually to ensure they are up to date, including state and county licenses. Planning and Zoning oversees and manages the land development regulations and the development approval process. The building permit process assists with the Planning and Zoning aspects, the Comprehensive Plan, City demographics, urban design and historic preservation. The department recognizes planning, implements the vision of the CRA Plan that is in place, and the Department seeks to revitalize, enhance and improve development in the community. The goal is sustainability. Zoning regulations pertain to Land Development Regulations (LDR) and Mr. Kittendorf noted compatibility was important as one would not build a children's playground next to a prison. Community Improvement Services is a service the City provides to its residents including aid to victims of abuse and a healthier life, historic preservation, and through the CDC, part of the model block. Mr. Kittendorf explained his passion is building services, which protects life and property. The three components of life safety are Police, Fire and the Building Department. If first responders have to enter a building, the Department ensures the building's design allows for easy access. The department is involved with inspections, plan review and compliance with the Florida Building Code, and regulations to protect homes. He explained when individuals move, they only see the skin of the structure. His job is to ensure the innards, such as plumbing, electrical and mechanical are adequate. The department reviews single family homes and high rises. The Code has provisions to protect life and property from natural disasters such as flooding. Vice Mayor McCray thanked Mr. Kittendorf and informed Mr. Mack he met with the Banks family and they were very happy with the meeting. He commented staff was an asset to the City. 3 Page 371 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 B. Proclaim October as "National Archives Month." Susan Swiatosz, Archivist/Librarian will accept the proclamation. Mayor Grant read a proclamation acknowledging the Month of October as National Archive Month for the City of Boynton Beach. Present to accept the award was Susan Swiatosz. Ms. Swiatosz thanked the City Commission for the proclamation and invited them to see the collection at the Library, noting some of it was converted to digital format. Staff also started digitizing yearbooks for high schools. Vice Mayor McCray mentioned he was at the Library and wandered over to the Archive section. He appreciated the tour she provided and praised Ms. Swiatosz as she was an asset to the City C. Proclaim the Month of October as National Arts and Humanities Month for the City of Boynton Beach. Kim Weiss, Arts Commission Chair will accept the proclamation Mayor Grant read the proclamation acknowledging October as National Arts and Humanities Month for the City of Boynton Beach. Present to accept the proclamation was Susan Oyer, member of the Boynton Beach Arts Commission. Susan Oyer, 147 SE 27th Way, Boynton Beach, on behalf of Kim Weiss, Chair, Arts Commission, thanked Mayor Grant and the City Commission for the support of the Art in Public Places program and hoped all were enjoying the program. She recommended visiting the AIPP Facebook page and website to keep updated on the program. D. Proclaim the month of October 2016 as Domestic Violence Awareness Month. Mayor Grant read the proclamation acknowledging the Month of October as Domestic Violence Awareness Month in the City of Boynton Beach. Present to accept the proclamation was Muriel Waldman and Mary Villamil, Boynton Beach Police Department Victim's Advocates and Pam O'Brien, Aid to Victims of Domestic Abuse. Muriel Waldman thanked the City Commission for and on behalf of the Special Victims Unit and for the men and woman on Road Patrol who every day of the year fight domestic violence and offer compassion to victims. Pam O'Brien, on behalf of AVDA, expressed they appreciate the City's support and the violence prevention programs in the schools. They also appreciate the support of Chief Katz and the Police Department working to keep the community safe. Commissioner Romelus noted an article where a five month old lost his life. She did not know how long he was suffering. She thought all should be vigilant and keep their eyes open. E. Hurricane Announcement 4 Page 372 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Mayor Grant announced Hurricane Matthew is in the Caribbean and the City Commission had offered prayers for those impacted. City staff has been preparing for the hurricane and he announced City Hall, City facilities, parks and programs, including the beach and golf course, will be closed at 6 p.m., on Wednesday, October 5th and all day Thursday, October 6th. No trash pick-up will occur on October 6th. Residents and businesses were asked not to place trash and debris for pickup as it is a hurricane hazard. Questions should be directed to Public Works. Drainage issues should be reported to the Utilities Department After -Hours Emergency line. He advised residents are encouraged to check the City's website, Twitter and Facebook pages for updates and other information, or contact the City. Essential staff members were notified to be at the Emergency Operations Center by 6 a.m. on Thursday. Jeff Livergood, Director Public Works, explained anything not collected today would be collected on the 5th. The Department wanted all residents to know if they have not finished cutting and pruning, they will not collect the debris and they should cease cutting until the storm passes as it is a projectile. Bulk trash will be picked up on Tuesday. 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) Charles Kanter, 2905 S. Greenleaf Circle, Parkside, Quantum Park, explained when he moved to Parkside in 2004, land was roped off because it was undeveloped and residents were asking for a park. In 2015, there was a presentation by the Quantum Park Overlay District about creating an eco -park, but nothing happened. Residents do not care who develops a park as long as it gets done. There is new development on the corner of Miner and High Ridge Roads and residents just want an answer when they will get their park. Susan Oyer, 140 SE 27th Way, distributed information to the City Commission. She wished all a Happy Rosh Hashana and advised Seacrest Estates was having a decorating contest and she asked Commissioner Romelus to be a judge to which she accepted. She also would serve as a judge for the Christmas/Hanukkah, Halloween and Thanksgiving contests. Ms. Oyer advised there was a chicken issue in her neighborhood and thought it should be addressed. One handout addressed the salmonella issue caused by chickens. She also distributed an article from the University of Florida about how trees are being improperly planted. Another article about Manhattan preparing for global warming and flooding was distributed, which she thought would apply at some point to the City. She thanked Mayor Grant for attending the GIS event as she was a GIS teacher and her students competed in the local regional competition and won a few times, beating FAU Grad students. She spoke with the Page 373 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Police Chief regarding GIS and there are a lot of great programs residents can help with. She hoped the City would use GIS as efficiently as possible Reverend Bernard Wright, 713 NW 2nd Street, commended all on the dais, and thought they made great decisions for Boynton Beach. He stood for the children in the Black neighborhood in District II. He thanked Mr. Livergood as they are working to keep Heritage Park clean and more trash bins were needed as Sara Sims Park was trashy. He commended Chief Katz and Assistant Police Chief Vanessa Snow. He commended all for the job they do and he expected they will go forward with a change and not stand still. 5. ADMINISTRATIVE A. Discussion and decision on date of 2017 July 4th Festivities. Wally Majors, Recreation and Parks Director, explained at the last July 4th Celebration, parents asked if the City would consider holding the event on a weekend. Staff did not see an advantage either way, but those with young children have a late night. After very brief discussion, there was consensus to hold the event on Saturday, July 1St B. Commission to discuss the following Commission Meeting Dates in 2017 and determine if any will be moved. Tuesday, April 18, 2017 - Passover Tuesday, July 4, 2017 - City Hall closed for 4th of July Tuesday, December 19, 2017 - Hanukkah The members briefly discussed the dates and there was consensus to only change the July 4th meeting date to July 5th C. 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 Resources Preservation Bd-. 1 Alt Senior Advisory Board: 2 Alts There were no applicants. N Page 374 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 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 Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Commissioner Romelus referenced Consent Agenda Item K and noted she indicated the police department she discussed in regard to the Domestic Violence program was the Boynton Beach Police Department, not the Broward Police Department. Motion Vice Mayor McCray moved to approve as amended. Commissioner Casello seconded the amendment. Vote The motion unanimously passed. A. PROPOSED RESOLUTION NO. R16 - 131 - Approve Subscription agreement between the City of Boynton Beach and Florida PACE Funding Agency for financing of qualified improvements in accordance with Section 163.08, Florida Statues. B. PROPOSED RESOLUTION NO. R16 - 132 - Approve membership agreement between the City of Boynton Beach and Florida Resiliency and Energy District for financing of qualified improvements in accordance with Section 163.08, Florida Statues. C. PROPOSED RESOLUTION NO. R16-133 - Award and authorize the City Manager to sign a Two -Year Lease Agreement with Ultimate Bakery and Pastry, Inc. to operate the Snack Bar at Oceanfront Park as a result of RFP No. 056- 2710-16/JMA. D. PROPOSED RESOLUTION NO. R16-134 - Authorize the City Manager to sign a three-year Processing Agreement between Waste Management Inc. 2700 Wiles Road, Pompano Beach, Florida 33073 and the City Of Boynton Beach to allow the City to transfer recycling material including yard waste, mixed recyclables and construction and demolition debris to the Waste Management facility located in Lantana, Florida. 7 Page 375 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 E. Approve the Bid for "ANNUAL BID FOR THE PURHCASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid No. 068-1412-16/MFD to the following eight (8) companies: Calico Industries, Clean All Products, Dade Paper, Neeld Paper, Office Depot, Pyramid School Products, Roses Delight and The Office Cart on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications. Items will be ordered on an "as needed" basis for an estimated annual expenditure of $40,000. F. Approve the purchase of five (5) Thermal Imager Cameras from Municipal Equipment Company of Orlando, FL, by utilizing Lake County Contract 12-0806M for an estimated total cost of $39,450.00. Lake County purchasing process satisfies the City's competitive purchasing process. G. Approve the purchase of one (2) complete set of Hydraulic Extrication Tools and accessories from South Florida Emergency Vehicles (SFEV) of Fort Myers, FL, in the amount of $63,334.20. SFEV is the Sole Vendor source for Holmatro brand of equipment for the South Florida region, including Palm Beach County. H. Approve a one year piggyback of the State of Florida contract no. 41120000- 15 -ACS with Fisher Scientific Company, LLC for the purchase of consumable laboratory supplies for the Utilities Department, for a not -to -exceed amount of $40,000. The City of Boynton Beach's (City) purchasing policies allows for the utilization of State of Florida contracts. I. Approve a $2,000 donation from federal forfeiture funds to the Suits for Seniors program -Boynton Beach High School. J. Approve request of East Ocean Cafe to revise their previously approved sidewalk cafe permit to rearrange their outdoor seating and add ten (10) seats. Applicant: Cindy Sumlin, C&T Breakfast & Lunch LLC. K. Approve the minutes from the Regular City Commission meeting held on September 20, 2016. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of Water Meters and Equipment with Sensus Metering Systems as a Sole Source vendor for the maintenance and replacement of water equipment for the City's Utility Metering System. The City is currently using Sensus's Flex Net System. Items will be ordered on an "as needed" basis for the estimated annual expenditure of $120,000. Motion Commissioner Casello moved to approve. Commissioner Katz seconded the motion. Page 376 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA Vote The motion unanimously passed. OCTOBER 4, 2016 B. Approve utilizing the Lake County, FL Contract 12-08068 with Bennett Fire Products Co, Inc, to purchase 90 sets of turn out gear at a cost of $184,050. Lake County purchasing process satisfies the City's competitive purchasing requirements. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 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. PROPOSED ORDINANCE NO. 16-019 - SECOND READING - PUBLIC HEARING - Approve and adopt the consolidated and updated Boynton Beach Community Redevelopment Plan. James Cherof, City Attorney, read Proposed Ordinance No. 16-019, by title only on second reading. Andrew Mack, Development Director, explained there was no formal presentation. There were five modifications that are now incorporated into the document. Those modifications were: • From NE 1St Avenue to Ocean Avenue between NE 3rd Street and the Florida East Coast (FEC) railroad have been revised to have a proposed future land use classification of mixed use high and a zoning designation of mixed use 4. • The Cultural District Overlay has been revised to include the entire Cultural District 7 Page 377 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 • Parcels on MLK Jr. Boulevard between the two commercial nodes at Seacrest Boulevard and the FEC Railroad tracks were revised to have a proposed future land use classification of mixed use low • The addition of a recommendation to review the feasibility of converting a portion of Sara Sims Park along the western boundary from Recreational land use to single-family; and • The addition of a recommendation for staff to review architectural styles and make recommendations regarding architectural guidelines that may enhance the character of the applicable districts. Mayor Grant opened public hearing. Tom McClure, 2004 S. Federal Highway, President, Boynton Coalition for Responsible Development, explained he sent all commissioners a letter which he read into the record as follows: "Your approval of first reading of the Ordinance 16-019 was a disappointment to the hundreds upon thousands of citizens that have respectfully, over the past nine months, tried to encourage City staff and Commission to support responsible development with reasonable, compatible, and sustainable height and density throughout the City. The citizens were not granted one concession in the proposed CRA Consolidated Plan. There was not one attempt to compromise. Zero. Rightfully so, they now feel disenfranchised from the City, disrespected and betrayed by the elected official they enthusiastically supported, and uncertain for their future vision of Boynton. Change does not always come without some pain. With the turmoil and distrust, this entire process has created cannot be ignored. One question, however, still needs to be asked. What do you like about this plan and more specifically, what do you like about Riverwalk Plaza? I ask for your thoughts on those two questions. The Commission, in our view, is at a crossroads with the citizens. Now is the time to give serious consideration to their desires and hit the reset button. We respectfully request that one further modification to Ordinance 16-019 be made. Revert the mixed-use 4 zoning district at the four corners of Federal Highway and Woolbright Road, to the longstanding Federal Highway Corridor Community Redevelopment Plan, allowing 75 feet tall buildings and density of 40 units per acre. While taking this consideration in mind, note that the average height of the surrounding area structures is less than 45 feet. Two of the four corners were redeveloped within the past five years and unlikely to make any site changes. Three of the four corner owners are not seeking any modification to the existing C-3 Commercial designation. Exaggerated density allowed of 60 units per acre on all four corners would equal to over 2,562 units and 5,000 plus residents and cars creating traffic gridlock. Is this a risk you are willing to take on behalf of the Citizens of Boynton? Responsible growth is the only road to take for a vibrant sustainable future for Boynton. Please, I ask you to not ignore the citizens or any future and preserve the integrity of our City. Respectfully submitted, Tom McClure, President Boynton Coalition 10 Page 378 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 for Responsible Development." He thanked the Commission for their time in reviewing his letter as several have called him back and spoke about it with him. He looked forward to their responses to the questions that are basic in nature. Susan Oyer, 140 SE 27th Way, distributed local historical maps of the downtown area from the archives at the Boynton Beach Library. She requested the Commission look at the geographical features of the area, and developers review them and rethink the four to six -story buildings they want to build in some of the areas. She requested the Commission speak to long-standing residents and commented the downtown area was previously filled with bogs extending out to Casablanca on Old Boynton Road and Boynton Beach Boulevard and those areas may not be geographically stable and there was no reason to have four and six story buildings along Ocean Avenue, which for a long time was a compatibility issue. She was very disappointed how this worked out and how the Commission, the CRA and the CRA Board ignored the residents, and disrespected their views on a regular basis. She was disgusted with the plans for Woolbright, US 1 and Ocean Avenue. She requested the Commission reconsider their position. Barbara Ready, 239 SW 13th Avenue, thanked all for their kind expressions and concern for her regarding her husband's passing. She had re-examined her priorities and urged the City Commission to do the same. If not representing citizens, recognize there are voting repercussions coming and finding candidates who are willing to listen to citizens is the citizens' priority. She requested better information about Mr. D'Almeida's project with mixed use high be given to the residents. She asked if it would be seven stories and she thought three stories were too much. Harry Woodworth, 685 NE 15th Place, President of INCA, commented INCA sent a letter to the Commissioners regarding the Consolidated Redevelopment Plan expressing INCA's support for the plan with two exceptions: do not put the height on the corner of Woolbright Road and Federal Highway and do not destroy low density areas by adding 75 feet and 40 units per acre all over, especially along Ocean Avenue. There was a board meeting at INCA and a past president did not attend the meeting. He visited the member and asked him to come to the meeting and was told he was so disgusted with the City he would not participate in any manner or venue ever He commented if development is east of Federal and in any of INCA's 10 communities, the Board will have left INCA behind. INCA is not against development, and they were told high density would be kept in the core which they believed, but now it is everywhere. He contended building for building's sake is not what redevelopment is about. It is about making this area a better place to live and he asserted they have failed. He noted INCA represents the north half and Mr. McClure represents the southern half of the CRA area and the Board was not listening to the citizens who lived in the area for 20 years, who invested money and resources into the community. He loves Boynton and it was Boynton's opportunity to do something with the uniqueness of the community. He understood the City needs the revenue because they did not solve the problems with the budget. He thought the Board was leaving the citizens behind. They are 11 Page 379 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 disappointed and the past president will not be at meetings, but would make campaign contributions. Lulu DeCamera, 836 East Drive, commented they must prepare for the possible future side effects that may occur as a result of passing the new Consolidated CRA Plan as they are unbridled. The taxes in the CRA District stay in the CRA District and are not available to pay for past, present or future obligations of the City. She thought tourism was being overlooked and putting up high rises that create more heat and block out natural beauty will not make Boynton a destination spot. Bradley Miller, Miller Land Planning, representing the D'Almeda project wanted to address the Consolidated Plan modification for the area between Boynton Beach Boulevard and Ocean Avenue just west of the FEC railroad tracks. There was confusion and discussion on first reading about building height and the mixed use 4 zoning. What was not clear was the reduction in density was reduced by 25%. They were requesting that part of the density for mixed use core zoning which allows the 80 units per acre be consistent with the land use. It is an area the City previously focused on for development due to the train station and Transit Oriented Development area. He requested the Commission reconsider the decision. They had agreed with a planned approach to Ocean Avenue, the overlays in the area and are fully committed to the project being less than 100 feet as it is about 85 feet. They did not submit a formal application until this process was complete so they would know what to design. He commented the D'Almeidas were fine with the overlay area and step backs on Boynton Beach Boulevard. They were fine with the Ocean Avenue pedestrian areas and height limitations along the corridor, but once more than 16 feet, the way the plan is written, the building goes up to 45 feet and then steps back 30 feet, which creates voids in the building and the design. It would be a similar situation with Casa Costa which was not a good design. The D'Almeidas design was once going back 45 feet, it steps back 10 feet to allow for a patio area for residents, it gives views to the street and it is a better design. Once going over 80 feet, they could step it back to 20 feet for a total of 30 feet, which is recommended by the plan and addressed issues staff had with it. He requested they reconsider the density to 80 units per acres and reconsider the step back on Boynton Beach Boulevard from 30 feet to 10 feet. Commissioner Romelus asked if Mr. Miller was willing to make the height restriction a condition of approval and Mr. Miller responded they would. They would submit a formal application, and the design is well below 100 feet on the highest part and was consistent with the plan on Ocean Avenue. Ocean Avenue has a total of 35 feet for the first part and then it steps back 30 feet similar to what is proposed on Boynton Beach Boulevard. It is in keeping with the quaintness and activity for the streetscape. Boynton Beach Boulevard is a thoroughfare and has a different environment than Ocean Avenue. The requested 10 foot step back is on Boynton Beach Boulevard. 12 Page 380 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Michael Weiner, Esq., representing Isram Development, appreciated the comments and from those who live in Boynton Beach for their visions and dreams. He commented at each public meeting, there was a vote in the majority in support of the Plan. Isram's plans have half the density that could be built. This opportunity arose because Boynton Beach has one of the few Intracoastal areas where the initial views from the south is a truck dock. So the vision, until this decade, was the ones that did not result in effective change and you were brought forward a plan that will have effective change. It has been debated, vetted and compromises have been made. Mayor Grant noted Steven Wheery filed an application for a height exception and the reason for the height exception above 75 feet was it was prettier and there are more public benefits with the architectural design. The public has spoken regardless of any public benefits, they do not want increased density or land use on the corner. He wanted to know why the increase land use is needed because if the density is not needed, they could rule on the height exception. Mr. Weiner explained there is a plan before them and they put in a plan for the density and those are issues that deal with site plan review. Mr. Weiner explained he was responding to the comment that there was no compromise. Buck Buchanan, 807 Ocean Inlet Drive, explained this issue started a year ago, under the guise of expanding an independent CRA Advisory Board as civilian positions were taken off the Board. There are three votes which caused the change which was against the will of the people. He commented ignoring the will of the people resulted in Mayor Jerry Taylor sitting in the audience. After this Board was seated, this issue was addressed again and ignored. A few weeks ago. the will of the people was ignored by the non -renewal of the CRA Director's contract. Two elements of the plan regarding spreading the height around the City is totally against the will of the people. He thought the people rejected the concepts and requested they look at their voting record and how often the Commission was on the other side of the will of the people. After the next election, if they go against the will of the people he suggested they call former Mayor Jerry Taylor and ask him to save a seat. Commissioner Casello expressed he was tired of the veiled threats. Every vote he makes is for the betterment of Boynton Beach. He noted two individuals were removed from the CRA Board and were replaced with seven CRA Advisory Board members who live or have businesses in the CRA district. Mr. Buchanan responded that was the only thing the Board listened to the public on and they do not vote. Commissioner Casello assured him they take the Advisory Board's recommendations very seriously. Motion Commissioner Casello moved the area between Boynton Beach Boulevard and Ocean Avenue, the railroad tracks and NE1st Street, should have a land use of mixed use high 13 Page 381 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 and zoning of mixed use core to allow 100 units per acre with the TOD bonus for the reasons stated by Bradley Miller earlier in the meeting. Mayor Grant noted this motion would remove the recommendation for mixed use 4 at the corner. It would just be mixed use high land use. Motion Commissioner Casello moved the building step back from Boynton Beach Boulevard should be 10 feet after 45 feet of building height rather than 30 and an additional 20 feet if the building goes higher than 85 feet on Boynton Beach Boulevard. Vice Mayor McCray seconded both motions. Commissioner Romelus asked why staff proposed a 30 foot step back compared to the D'Almeida's property. Colin Groff, Assistant City Manager, explained the step back is to stop creating a tunnel when coming down the road. If stepped back, there would not be a tunnel effect and it is the desire throughout the entire CRA plan to be set up this way. It meets the City's requirement which is why the City recommended it. Mr. Mack explained the step back is more consistent for change in zoning from mix use medium to mixed use low. It was for compatibility between the two zoning districts. Commissioner Casello asked if 10 feet eliminates the void areas and building and construction standpoint and learned the 10 feet allows the space to be more usable as it has to be balanced and it could give a better presentation from the street. He thought it was up to the will of the Commission. A 10 -foot step back would be more practical and make it easier to design. Mayor Grant asked if there were any wind tunnel studies regarding the 10 feet compared to 30 feet and learned there were no studies done other than what is known in design guidelines. Mayor Grant requested conducting a wind test study done at 10 feet, which Mr. Mack agreed to do as they get further into the process. Mayor Grant favored the 10 -feet step back to 85 feet and 20 feet from the property line. Amanda Bassiely, Planner, Development Department explained there is a requirement for a pedestrian zone. The developer is required to have an 8 to 10 -foot sidewalk depending on their location and then a minimum 8 foot from there. It was from the face of the building after the pedestrian zone. The reason for the setback was consistency among land uses. The overlay is among different zoning districts and land uses. When starting from Boynton Beach Boulevard by 1-95, the maximum height of the buildings is 45 feet which is why the Overlay has recommending step back at 45 feet. It creates consistency on the face of Boynton Beach Boulevard. The 30 feet setback was why they requested a 45 foot cap. The 30 14 Page 382 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 foot step back from there comes from height being in a zoning district that is 150 or 100 feet tall because usually the buildings are designed for podiums because they have a parking garage completely wrapped with commercial or some other uses, and then there is a tower design. If trying to fit the model on a different type of design, it can be a challenge. Bradley Miller explained the podium concept was not the design he wanted and they did not think it is the best thing for the City.. Vote The motion on the modifications passed. Motion Mayor Grant passed the gavel and moved the Woolbright/Federal node be mixed use medium. He spoke with other property owners and they were fine with mixed-use medium. There is a height exception on file with City staff without any comments because they were waiting on a ruling from the City Commission. He thought it would be best to listen to City staff about the height exception and this way the Commission did not have to worry what is going to happen if all the properties are developed at mixed use high. Mixed use medium is up to 75 feet and 50 units per acre. Commissioner Romelus seconded the motion. Vote The motion failed 2-5 (Vice Mayor McCray, Commissioner Casello and Commissioner Katz dissenting) City Clerk Pyle called the roll regarding Ordinance No. 16-019. Commissioner Romelus commented she was troubled as the development was is in her district. Although some individuals are getting what they want, those in District III are not content. She is voting in the negative as the plan is not consistent with what her constituents want or with what she was elected to represent. The vote was 4-1 (Commissioner Romelus dissenting.) 10. CITY MANAGER'S REPORT 15 Page 383 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 A. PROPOSED RESOLUTION NO. R16-135 - Providing for expense allocations for the Mayor and Commission. Tim Howard, Assistant City Manager, explained the Resolution confirms the expense allocations for the Mayor and City Commission. In 2010, the City Commission voted to reduce the allocation by six percent to the current values of $7,117 for the Mayor annually, and $6,581 annually for each City Commissioners. Following the vote in 2010, there should have been a resolution to come before the City Commission to approve, but it did not occur. This was a Resolution to confirm the Commission's current allocation. (Commissioner Romelus left the dais at 8:03 p.m.) Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed 4-0. (Commissioner Romelus not present for the vote.) 11. UNFINISHED BUSINESS A. Authorize City Attorney and City Staff to prepare Ordinance dissolving Quantum Park Overlay Dependent District. Attorney Cherof explained this item was the continuation of the dissolution of Quantum Park Overlay Dependent District, (QPODD). The matter was tabled the last time it was discussed as there were four pending lawsuits. The summary of the cases was contained in the meeting backup, as well as the suit with the South Florida Water Management District. He recommended the representatives give their point of view, Motion Vice Mayor McCray moved to remove from the table. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Marty Perry, Attorney representing the QPODD, introduced Richard Ellington, representing Special District Services, Inc., the company that has the management contract with the QPODD ("the District"). Mr. Ellington manages the affairs of the District, who will speak about allegations regarding elections. Bernie Conko, General Ki Page 384 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Counsel for the District, and Mr. Kanter, a member of the Board of Supervisors, who primarily had previously spoken about a park were present. Quantum Park is 463 acres and is almost completely developed. There are a few undeveloped portions the City controls and the roads were conveyed to the City a few years ago as a result of an agreement that was negotiated. The District has 116 acres it owns and controls via deeded ownership, consisting mostly of lakes, wetlands, and sand pine reserves. The District is responsible for surface water management, which is a concern to the Plaintiff, and the District is responsible for water use, an irrigation pump station and distribution network covering roadways and the landscaping, construction permit administration for drainage permits, and for the management and protection of environmental areas. Quantum Park was a Development of Regional Impact (DRI) that was approved by the Treasure Coast Regional Planning Council and the City. There is an extensive development order and the District is responsible for taking care of those aspects of the development order that relate to their responsibilities. Mr. Perry referenced the handout which indicated what the approval process was relative to permits. It requires architectural committee approval, followed by City of Boynton Beach site plan approval, which is conditioned on the Architectural Review Committee (ARC) approval and then construction permits issued by the Florida Department of Environmental Protection (FLDEP), the South Florida Water Management District (SFWMD) the Lake Worth Drainage District (LWDD) and the QPO. The ARC was established by the Declaration of Restrictive Covenants that relates to the entire parcel, which was recorded in Palm Beach County public records on October 15, 1987. The ARC approval review criteria duties were outlined and included conformity and harmony of the design and layout proposed improvements with neighboring parcels and with the park as a whole, the effect of the location of the proposed improvements, the topography of the building site, grade and finish, ground elevation of the building site, proper facing and the main elevation of the proposed improvements in relation to nearby street, and conformity with design plans with the design criteria and with the terms of the Declaration. The portion of the Development Order for the entire District that was included in the DRI approval, points out Lot 17 and Lot 52, the Plaintiff's lots spells out the Development Order requires, that at the time of permit submittal, provide an approval letter of the site and building designs from the Quantum Park ARC. The next issue was the District, at the request of the ARC was concerned permits were being requested from the District for drainage prior to the ARC reviewing and issuing its approval of the site. The ARC requested the District develop a policy which was done and adopted via resolution. The resolution provided the District provide a process for review and approval of construction within the District that will impact the District and will require prior approval by the Quantum Park Property Owners Associations ARC. There was an amendment to the resolution which provided for a waiver and appeal. If the property owner, (the Plaintiffs) felt they were unreasonably denied by the ARC they could appeal or if they were denied the drainage permit by the District Engineer, they could appeal to the Board of Supervisors. The plaintiff was made aware of the process, 17 Page 385 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 but never did so. The permit status reflected there was one property owner with three pieces of property who complained about difficulty getting permits. Mr. Perry noted other properties received numerous permits including the plaintiff's properties. Over all the years the District was in place 2004/2005 and prior thereto, the entire park was developed without any problem with any of the developers. The only developer that had a problem was the Plaintiff. Lots 52, 17 and 100 were reviewed and were the problem lots. Lot 100 had a series of unauthorized construction, tree damage and walls on District property. Lot 17 had an issue with a pathway with unauthorized construction, and the same with Lot 52 with a hardwood swamp upland, and Lot 101 had a hardwood swamp destroyed, all of which led up to the issues now being heard and raised by the Plaintiff's attorneys. Mr. Perry commented all the District did was try to adhere with the District's Development Order and protect the environmental issues. Mr. Cherof had pointed out there are four lawsuits pending and an administrative proceeding, which was settled subject to action by the Plaintiff, which has not come forward regarding the South Florida Water Management District Administrative Hearing. Mr. Perry noted if the Commission dissolves the District regarding the agreement pertaining to the roads, the District was nearing its end. The City could have taken over the roads previously, but the City insisted the roads be improved. The District borrowed money to do so, but the City did not want to undertake the payment of that debt. Mr. Perry commented the debt is down to about $2 million, which if taking over, the City would have to make those payments. Mr. Perry saw a proposed hold harmless agreement regarding the other lawsuits and was unsure what it does, as the Plaintiff is not dropping the lawsuit and he inquired who would pay the City's legal fees to defend the District. There is $150K in the 16/17 budget for projected legal fees and the City would have to spend $150K to defend the lawsuit. He had previously suggested that if the City wanted to grant that to them, the Plaintiffs should dismiss the lawsuits with prejudice to all parties. If not defending everyone, the City would subject itself to additional potential litigation. He noted a letter was sent from the Attorney for Eugene Gerlica, an employee of the District Engineer, as the District is defending him. It is a complicated mess and Mr. Perry cautioned careful thought should be given to the issues. Richard Ellington, District Manager, explained his company manages 83 of these types of Overlay Districts. He recently saw two different letters sent to the City Commission, one signed by Mr. Olenicoff and another by Mr. Parks' partner, Peter Sacks. He commented in their letter there is a reference by the Overlay District there was a landowners meeting to elect a Board of Supervisors. Mr. Ellington explained there has been an election of landowners every two years, another scheduled for November 1st. The Statute and Ordinance that created the District is clear what has to be done and individual notice is not given, rather notice is provided via publishing and he could provide proof of publications and minutes of all prior meetings. 18 Page 386 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Commissioner Casello asked about the composition of the QPODD Board and where they live. The landowners nominate and elect who they chose to run the District. There is no requirement by law they be residents of the District and three of them are not. Commissioner Casello asked if there was any personal relationship to members of the Board. Mr. Ellington explained Mr. Kanter is a resident, Mr. Slaman is the Chairman of the Board and a developer, Cyndi Benson, is a mechanical engineer and she is an independent contractor. Vice Mayor McCray asked Attorney Perry about the Resolution that was voted on when the agreement regarding the road was made as his name is on the Resolution. He was concerned it may be a conflict and learned from Attorney Cherof there was no conflict. Commissioner Casello asked who appoints the ARC and learned they are appointed by the original Declarant that created the overall District. He clarified the original Declarant was the POA representing 553 acres. Mayor Grant asked about the landowners and POA. Mr. Ellington explained the POA is comprised of landowners. The Community Development District (CDD) is comprised of land owners. There are two separate elections held: the landowners who can vote in the POA elections can also vote for the Board of Supervisors of the Overlay District, which is the QPODD, which is separate from the POA. Mr. Perry commented on Commissioner Casello's question, if there was any personal relationship to members of the Board and learned he did not think so, but there was the prospect of a relationship as Eugene Gerlica is on the ARC and is not on the QPODD Board and he is the District Engineer, creating a crossover. Desha Pencheff is a member of the Board of Supervisors of the QPODD and she also sits on the ARC. Commissioner Katz asked if anyone saw a conflict with paid employees of the QPODD having seats on other committees. Mr. Perry explained it is an issue in the litigation. Mr. Ellington explained a complaint was filed against Ms. Pencheff by Mr. Olenicoff's attorneys with the Florida Commission on Ethics and she was cleared. Andre Park, Olen Properties, was not present to speak about the litigation as he is not a litigator. Mr. Park wanted to discuss Ordinance No. 05-061, based on one fact as per Statute. He commented this District and continuation of the District and providing services is the most efficient and effective mechanism to provide the services. He explained the answer is no and they were present a few months ago, and they determined from information provided by staff, that property owners, residents and business owners are paying a 60% premium on assessments by the District and they are not efficient or effective. That was the main purpose of attending. He commented he would answer any question the Commission has that he has knowledge of for the litigation. Mr. Park explained Mr. Perry did bring up a valid point there are four suits pending and it is a mess, the City should not be part of it and a mess has been created under their watch. Mr. Perry had indicated what the extent they believe would be the City's liability which is $150K. Mr. Park explained the $150K translates there was an 19 Page 387 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 overage of $420K, less the $150K if the City would absorb it and turn it back over via assessments to property owners. If doing that, even with all the legal fees that are projected, the City would still save the citizens $270K and Mr. Park would thank the City to dispose of the District and the City provide the services. Commissioner Katz announced he brought this up in July and he was making no attempt to dissolve the District as there are potential liabilities to the City. He did not care about the lawsuits at all. His original intent was to save taxpayers hundreds of thousands of dollars a year. He only cares the ARC approval board is an obstacle to reducing tax liability for residents who live in the QPODD by 40% to 50%. He wished there was some resolution of the lawsuits. The Districts are destructive beyond a certain point. They are set up for a certain reason, reach a certain age and then continue to exist to bilk taxpayers out of money by paying people to sit on boards or hire contractors. After extensive discussion with the City Attorney about dissolving the District, he thought the Commission should continue to direct the City Attorney to try to deal with these cases so the City is not exposed to potential liabilities of legal costs or damages from whatever may come from a hold harmless agreement. He commented the hold harmless agreement is not strong enough. He wanted to eliminate the District to save tax dollars and to build a park. The District will increase its assessments by $150K and is facing millions of dollars in potential damages, and there will be no funds to build a park. Taxpayers will not realize savings. He thought there were people abusing residents of Boynton Beach due to pride. Commissioner Casello asked if the lawsuits were not pending, if Mr. Perry would be adverse to dissolving the District and learned the District is nearly built -out. The issues that need protection were the environmental and water management issues. The City could take it over. Mr. Perry explained the District would not fight them, but the monies Commissioner Katz referred to was the result of the litigation. It is just one person holding all up. He thought if they could resolve the issues, there were no problems. Commissioner Romelus asked Mr. Perry what the ideal outcome would be and learned the issue is this person does not want to deal with the District. Mr. Perry did not believe the lawsuits had any merit. He wanted them to dismiss the lawsuit with prejudice as to everyone, and get rid of the bogus $20 million claim which would bankrupt the District. Commissioner Casello asked Mr. Park if his client would be willing to do something and learned his client would want to get some of his money back as he spent a lot of money on legal fees and would like to reach a settlement, but the offer was nothing. Commissioner Romelus noted Mr. Park's client had a choice to spend money on legal fees. She asked where the middle ground was and learned they want to develop Lot 52. They came to the City in 2014, just prior to the lawsuit and said they were having 20 Page 388 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 an issue. They came to the City, received City approval and got all the way to the SFWMD. Mayor Grant asked if the City took over the water management if they could move forward and learned if they took over the permits. Mayor Grant thought they were not effectively running the environmental and water management and if the City could take it over and allow the QPODD to pay off the bonds and build a park, hopefully the issue would be moot once the development starts. Mr. Park explained that would be a step in the right direction. Mayor Grant commented if development is not occurring the only thing increasing is attorney fees. He thought they could move forward with development in the City which would increase the tax base. Mayor Grant thought the City could handle the water and environmental aspects and if the ARC wants to make recommendations, they have opportunities to do so at the Planning and Development Board and the City Commission. Four different approvals are excessive. He had reviewed the Restrictive Covenants which indicated Quantum Associates was the Declarant. He did not think it was the same Quantum Associates, he did not know who the assignor was, but the POA uses a public vote, but it is not what the covenants indicated. He asked if the ARC is open for a public vote. Bernard Conko, General Counsel for the QPODD, explained the ARC members are appointed by the Declarant and the Declarant is under protective covenants that created the whole thing. The current Declarant is Douglas McDonald who succeeded the prior Quantum Associates. He appoints the ARC. The POA Board is separate and under the Declaration Mr. McDonald is the President of the POA and on the ARC. He has nothing to do with the QPODD. Vice Mayor McCray questioned what the plans were for Lot 52, and learned they wanted to build the same type of residential apartments for about 200 units, but he agreed to email the information. Mr. Perry commented in reference to Lot 52, they were in negotiation to settle the litigation and the permit they were seeking was offered to them but was turned down because they wanted the $20 million, which the District does not have to pay. Attorney Cherof could verify the information. Mr. Perry explained he still has not heard anything from Mr. Parks as to whether his client will dismiss the suit with prejudice. Mayor Grant agreed Michael Weiner, Esq., explained it took decades to develop the property into the current property. Whether they were suppressing people from complaining was unknown, but one person had difficulties and it had to be a successful person to be able to make their way into court. He thought it was incorrect to characterize it as the only problem with Quantum. The lawsuit will not be retried tonight, and noted Commissioner Katz was 21 Page 389 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 looking for tax savings. He thought there could be discussion outside of the meeting, but both parties have said as much on the record. Motion Mayor Grant passed the gavel and moved to approve a resolution or ordinance the City take over environmental and water and all other management decisions of the QPODD except for paying off the bonds and building a park. Attorney Cherof explained the City cannot unbundle the responsibilities of the QPODD. Attorney Cherof thought the second recommendation in the meeting backup was to direct him to work with the QPODD Board and counsel to, over time, take away some of the responsibilities with the end result being the dissolution of the QPODD. It would be sequential in nature and done in part, with an Ordinance that step-by-step modifies the role of the District. Mayor Grant noted the QPODD is up for election in November and the meeting will be held on November 16t at 2:00 p.m. at 2500 Quantum Lakes Drive. Only one landowner has to be there for a quorum to be held. On average, about 130 to 150 landowners vote. Each condo owner is considered a land owner and get a percentage of vote per the Ordinance to have equality between the homeowners and industrial residents. The City gets one vote per acre. Mayor Grant asked who the City representative was and learned it was whoever is designated by the City Manager or the City Commission. Mr. Conko noted neither the City nor Mr. Olenicoff's representative attended. Commissioner Katz wanted to direct the City Attorney to continue to work on the lawsuits and put together language, on a timeframe, while cooperating with all parties to wind down and eliminate the District over time. Commissioner Casello thought the City should have representation during voting. Motion Commissioner Romelus nominated Chair Grant to represent the City on voting matters for Quantum Park. Commissioner Casello seconded the motion, Vote The motion unanimously passed. It was noted three of five seats are open for election. Two candidates receiving the most votes are elected for a four-year term. The third candidate receiving the most votes is elected for a two-year term. There is also a vacancy, whose term does not expire until 2018 that can be nominated and elected to fill the unexpired term. There are actually four seats that can be elected and changed during this election. Commissioner Casello recommended Mr. Park have a representative at the vote. 22 Page 390 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Commissioner Katz inquired about the qualifications to serve on the Board that people do not have to be residents of the District or the City. He asked about amending the ordinance to make it a requirement. Attorney Cherof agreed to bring back a procedure to address it at the next City Commission meeting. Mayor Grant inquired if there was a second to Commissioner Katz's request. Commissioner Casello seconded the request. Vote The motion unanimously passed. Attorney Cherof will work with the QPODD on dissolution of the QPODD. 12. NEW BUSINESS A. Vice Mayor McCray has requested to discuss the John Denson Pool at Wilson Park. (Heard out of order.) Vice Mayor McCray commented he thought the issue with the pool was settled. When the item was last heard, it showed the pool was never a money making entity for the City and it never will be. He thought young individuals who want to swim for a dollar were being penalized and if the vending machine was a problem, they should remove the machine. The pool was built to prevent the community from swimming in the ocean. There were stigmas attached to it when it was placed in District II, and they still have youngsters who want to swim. He did not want to hear someone drowned in a canal. The pool is not a money making facility. He favored if youth want to swim, the City should forget about the $1 and let youth use the pool as the City still has to pay the lifeguard if there is one person in the pool or twenty people. Motion Vice Mayor McCray moved to do away with the $1 and let anyone swim in Wilson Pool swim. Mayor Grant agreed, and asked if this would be for anyone anywhere or if it was for City residents' children. Vice Mayor McCray responded it was for City children residents as they do not want to be discriminatory. He commented Ft. Lauderdale sells an annual pass for $5 and pass holders can use any facility. It was similar to contributing something back and parents do not mind paying $5 for an entire a year. The City still pays for the lifeguard, and keeping the pumps running, it is still an expense. He thought the City was defeating the purpose and the City should let neighborhood youth swim. Mayor Grant noted the issue is parental responsibility. He asked about the policy with minor children and if a five-year old could just come into the pool. 23 Page 391 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA (Commissioner Romelus returned at 8:07 p.m.) OCTOBER 4, 2016 Wally Majors, Recreation and Parks Director, explained it is contradictory to Florida State law, in terms of abandonment. He was unsure what the minimum age was, but commented a parent cannot just drop a child off without some type of adult supervision. Mayor Grant asked if an older brother would suffice and learned it depended on the age of the older brother. He commented the City does not want parents just dropping children off and having the lifeguards serve as babysitters. He asked what the minimum age when a child could go to the pool unaccompanied and learned it was 12 years old. Mayor Grant agreed that anyone under that age should not have to pay as long as they are accompanied with someone responsible and as long as one person is paying. Rev. Bernard Wright, CEO Bernard Wright Ministries, the Robert E. Wells Foundation and Real Talk Radio, commented he is a community advocate and he had a petition signed by 250 parents in the neighborhood. He read from the petition the neighborhood "is denied the use of their historical neighborhood pool due to policy changes implemented over the years by the Director of Parks and Recreation, Wally Majors. Due to those policy changes, neighborhood children as well as adults have been deprived the joyful use of the Densen Neighborhood Pool during logical and normal hours. The hours are 9 a.m. to 1 p.m. and 4:30 p.m. to 7 p.m. during extended hours and the heat of the summer". Those hours are being utilized by those who can afford a $60 to $70 per month swim team fee as well as fees for swim lessons. The petition was seeking the support of the Boynton Beach City Commission and City administration to change the times and policies which have deprived the use of this neighborhood pool regardless of loss of the fees to the City and at the same time, remove the fee charge for entry to the Densen Pool for children up to 12 years of age. Rev. Wright commented the gravity of the petition required a change which came about through the City Manager and Mr. Majors. He commented $1 should not be the thing to deprive a child from being able to go in the pool and learn how to swim. Youth are exercised and after coming out of the pool, they get the homework done, they are not in the street, or subject to what is out there and there is nothing in Boynton to engage teenagers and children, except the pool. He commented the pool does not make $7,000 and no one is in the pool except suburban people with BMWs and they are very offensive. He explained every day youth ask him for a dollar. They want to go to the pool, but they take the dollar and buy candy. He favored a policy that swimmers do not eat 30 minutes before swimming. Rev. Wright explained Mr. Groff did not read the petition, and the community is very happy with the hours, but thought what good are the hours if there is a fee. He had a text from Mr. Groff which indicated staff discussed the issue and the City Commission decided to leave the fee as established which are among the lowest in the County. He pointed out Mr. Groff did not address the lines in the pool used during swim meets which encumber swimmers. He asserted the pool was placed there for the neighborhood and not the entire community. Other residents 24 Page 392 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 were welcome to fill the pool to capacity, but not at the expense of depriving neighborhood children. Mayor Grant wanted minors to be accompanied by an adult. Rev. Wright noted his neighbor was 10 and goes to the pool unaccompanied. His child is six and he accompanies his son to the pool. There are others that are 9 and 10 that are at the pool every day as he gives them a dollar. The lifeguards know them and there is no problem. He thought 10 and 11 year-old youth should be able to go there alone as they can stand up in the water and they cannot drown. Mayor Grant explained part of the reason is they do not want teenagers coming in and causing a ruckus. Rev. Wright noted the pool had two lifeguards and it was crowded daily for 30 years at no cost. Now there are six or eight lifeguards with no one in the pool. Vice Mayor McCray explained years ago, youth swam at no cost without supervision and bringing this issue up was unfair. There were no problems then. He questioned when the law came into effect about minors and advised it bothered him, as it appears it is another avenue the City is trying to pursue. They had a kiddie pool. Commissioner Katz noted other than the item on the agenda, there is no information or backup and he requested they be given time to ask staff questions before they change a policy. Vice Mayor McCray pointed out Ms. LaVerriere conducted a study that was sent to everyone. At the time the item was discussed and voted on, it was about the $1 and everyone was okay with it and they changed the hours. The City was rehashing the issue. The City will not go broke for allowing a young child to swim and the City is paying about $16 an hour for lifeguards. He disagreed with Mr. Groff's comments as he did not have the facts straight on this issue. Vice Mayor McCray emphasized he indicated if a child did not have the money, the child should be allowed to swim. Commissioner Casello asked if a child was turned away because they did not have $1. Mr. Majors responded on an annual basis, anecdotally, it occurs once every three or four months. Rev. Wright disagreed. Vice Mayor McCray requested confirmation any child can go to the pool and swim without a dollar. Mr. Majors responded there are occasions where children are turned away. If staff can determine that there is no doubt the child can pay the dollar, they will be asked to pay. There are instances when it is obvious a child cannot afford the fee, staff will let them in. Vice Mayor McCray commented it was brought to his attention a child went to the pool with $10, and they did not want him in because he went to the vending machines. He questioned why there are vending machines in the pool area. Vice Mayor McCray reiterated his motion was do not charge a child $1 if they want to go to the pool to swim. 25 Page 393 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Rev. Wright commented there were issues that need to be discussed. He felt Mr. Groff did not read the petition which is disrespectful to the signors, and the City did away with the hours, but questioned what good the hours were, if there is a fee to swim, or address the ropes in the pool. Commissioner Katz defended Mr. Groff as he provided a very fact -based, response. The petition does not change what happened in the past. Mr. Groff only reported what was decided in the past, based on the consensus of the Commission. Commissioner Romelus commented when they voted a few weeks ago, the issue was the hours, now it is the dollar. She requested confirmation the issue Rev. Wright had previously raised pertained to the hours, which was rectified to his satisfaction according to his comments. Rev. Wright confirmed it was, but it was about the fee too, and he was advised it was taken care of. Commissioner Romelus did not recall it was about the fee. Vote The motion was to do away with the $1 for youth under 12. Commissioner Romelus seconded the motion that passed 4-1. Commissioner Katz dissented and commented he would have preferred to abstain because he has no idea about the fiscal impact of the initiative. Commissioner Casello asked if youth had to show identification and learned 12 year olds do not have identification. Vice Mayor McCray commented it is up to the lifeguard. He expressed they will run into more problems, but the City should let the youth swim. Commissioner Romelus asked if youth under 12 have to be accompanied by an adult and learned they do not. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD - None 14. LEGAL A. PROPOSED ORDINANCE NO. 16-020 - SECOND READING - Amending Chapter 18, Article IV of the Boynton Beach Code of Ordinances entitled Pension for Firefighters. Attorney Cherof read Proposed Ordinance No. 16-020 by title only on second reading. Motion Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion 26 Page 394 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Vote City Clerk Pyle called the role. The vote was 5-0. 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. Motion Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed 4-1 (Commissioner Romelus dissenting.) Mayor Grant asked if the Commission could add a restrictive covenant requiring language regarding the preferred route in the lease must be used. Attorney Cherof did not recall it was a condition of approval and commented it would be an unusual provision to put into a restrictive covenant. He had never seen a provision that could bind a landlord and a tenant. Mayor Grant asked about enforcement. Attorney Cherof explained enforcement would be through neighborhood residents and monitoring. Additionally, the operator would take action against their tenant for violating the lease provisions, and if they failed to do so, as a condition of approval, the City could revoke the site plan approval. There would be a process to do so, including a public hearing. Mr. Perry, representing STOR-ALL explained there was a condition of approval that the applicant agrees to incorporate into its lease agreements the requirements that the tenants access and leave the property using West Ocean Drive and covenants with the City they will enforce that lease provision to the fullest extent possible. They agreed to it already and it is not something you want in restrictive covenants. Attorney Cherof explained there were two issues raised by the applicant regarding the Declaration and Restrictive Covenants pertaining to what language do you describe what a recreational vehicle or what other motor vehicles are, and references to a statutory provision. He commented he had no issue to the proposed change. Mayor Grant queried what a non -class A recreational vehicle was and learned there is no reference to classes, classed vehicles is a manufacturing and marketing term. Class A was the largest sized, more luxurious vehicle. Attorney Cherof agreed with the handout Mike Rumpf, Planning and Zoning Director, had distributed. Commissioner Katz asked why the issue was not raised earlier. Mr. Rumpf explained this was placed in the Conditions of Approval early on to have a parameter and thought it was overlooked by the applicant and/or his representative. It was not intended to be that restrictive and they seemed to accept it. In addition to class A, it would allow for 27 Page 395 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 smaller RVs. Attorney Cherof explained it does not change the configuration of the site plan. Mayor Grant was fine with the modification for allowing other recreational vehicles. Commissioner Katz commented he would not support it as the language was different from the original site plan. Commissioner Romelus questioned how the oversight occurred. Mr. Perry responded it got lost in the process as they were trying to find a definition for luxury. Bradley Miller, Miller Land Planning, represented the applicant during the process. The condition was not in the staff report or recommendation that went to the Planning and Zoning Board. The first time it appeared was in the staff report and recommendation that went to the City Commission. He did not know until after what class A meant. They did not submit language. It was a controversial application. The handout was an industry definition that made more sense. Commissioner Casello noted there were big buses, and now there are collapsible camping trailers. Mr. Miller listened to the entire City Commission meeting and not once was it presented by them or staff. Attorney Perry noted there is a need for this type of use. He agreed adding in the statutory definition made sense. Mayor Grant commented luxury is the high end and Class A specifically means only bus styled RV's. Motion Vice Mayor McCray moved to keep the language as is. Commissioner Katz seconded the motion. Vote The motion passed 5-0. With respect to restrictive covenants, the clause the applicant wants stricken is the owners of immediately adjacent properties or their successors have equal standing to enforce the covenants and it addresses if the City did not enforce the covenants, but the property owner might. The addition of the clause that is proposed to be stricken empowers the immediate residents to enforce the covenants if the City did not. After further brief discussion, there was agreement to table the restrictive covenants and discuss both matters and Mr. Rumpf and Attorney Cherof would bring the item back. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion passed 5-0. M" Page 396 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 C. 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 cases: 1. BYRON L. HARRIS, JR., Plaintiff, vs CITY OF BOYNTON BEACH, MICHAEL BROWN, MATTHEW MEDEIROS, STEPHEN MAIORINO, RONALD RYAN, JUSTIN HARRIS, CORY HERNY, ALFRED MARTINEZ, and Other unknown officers, Defendants — United States District Court, Southern District of Florida, Case No. 9:16-CV-80148-ROSENBERG 2. GERMAN MINA, Plaintiff, vs CITY OF BOYNTON BEACH, FLORIDA, Defendant, Palm Beach County Circuit Court Case N o. 502015CA002978XXXXM BAJ Attorney Cherof explained the above two cases require a closed -door session. He suggested the Commission meet before the CRA meeting for about an hour on Monday the 10th. He did not suggest hearing both cases on the same night. The second case could be discussed in a closed -door for 30 minutes before next City Commission meeting at 6 p.m. on October 18tH 15. FUTURE AGENDA ITEMS A. City Commission to review Legislative Priority List for upcoming Legislative Session - November, 2016 It was noted Mr. Howard would meet with the City's Lobbyist next week and bring back priorities. B. Monthly Departmental Presentations: Fire - October 2016 Human Resources - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 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. (TBD upon return with State approval) CO Page 397 of 482 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 D. Upon successful negotiations, the Commission will ratify the SEIU and PBA union contracts -TBD 16. ADJOURNMENT Motion There being no further business to discuss, Vice Mayor McCray moved to adjourn. Commissioner Katz seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 9:40 p.m. ATTEST Judith A. Pyle, CMC City Clerk Catherine Cherry Minutes Specialist ME CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 398 of 482 7.A. BIDS AND PURCHASES OVER $100,000 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Authorize the expenditure of a not -to -exceed amount of $175,000 to furnish and install emergency equipment for law enforcement vehicles for the FY 16/17, based on Bid No. 020-2110-16/JMA, with Law Enforcement Supply of Coconut Creek, FL as Primary Vendor and to Strobes -R Us Inc. of Pompano Beach, FL as the Secondary Vendor that was awarded by the Commission on March 1, 2016. EXPLANATION OF REQUEST: BID TERM: MARCH 2, 2016 THROUGH MARCH 1, 2018 On March 1, 2016, Commission approved the award for Bid No. 020-2110-16/J MA for "A Two Year Bid to Furnish and Install Emergency Equipment for Law Enforcement Vehicles" with Law Enforcement Supply of Coconut Creek, FL as Primary Vendor and to Strobes -R Us Inc. of Pompano Beach, FL as the Secondary Vendor. The Police Department will be replacing 25 vehicles for fiscal year 2017 and will utilize this bid to furnish the replacements with the required emergency equipment and lighting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purchase of emergency equipment and lighting will allow for our patrol/non-patrol officers to respond to emergency calls for service in a safe and prudent manner. Emergency equipment will allow officers to successfully meet our mission as providers of effective, efficient and impartial services to the community. FISCAL IMPACT. Budgeted Funds for the emergency equipment have been budgeted in account number 501-2516-519-64-33. Fiscal Year 2016 expenditures were $305,405.99 ALTERNATIVES: Not purchase emergency equipment and lighting at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 399 of 482 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Police Finance Legal City Manager Description Page 400 of 482 Award Agenda item 3-1-16 Reviewer Action Date Snow, Vanessa Approved 10/4/2016 - 7:58 AKA Howard, Tim Approved 10/12/2016 - 3:49 PPA Swanson, Lynn Approved 10/10/2016 - 12:07 PPA LaVerriere, Lori Approved 10/10/2016 - 2:10 PPA Page 400 of 482 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: MARCH 1, 2016 NATURE OF ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ElElAGENDA ADMINISTRATIVE NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ® BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve award of the Bid for "A Two Year Bid to Furnish and Install Emergency Equipment for Law Enforcement Vehicles", Bid No. 020-2110-16/JMA, to Law Enforcement Supply of Coconut Creek, FL as Primary Vendor and to Strobes -R -Us Inc. of Pompano Beach, FL as the Secondary Vendor. This bid is to be used on an "As Needed" Basis. Estimated expenditure for emergency equipment for 49 Police Vehicles this fiscal year is $315,842.00. BID TERM. MARCH 2, 2016 THROUGH MARCH 1, 2018 EXPLANATION OF REQUEST: The purpose of this Bid was to secure a two year agreement with a qualified vendor(s) to furnish and install new public safety lighting, sirens and equipment on Police Pursuit Vehicles and Police Vehicles. There will be approximately 50 vehicles, both Pursuit and Detective, ordered this year that will require outfitting with emergency equipment. On January 21, 2016, Procurement Services opened two bids in response to the solicitation. Law Enforcement Supply provided pricing per the Bid specifications; Strobes -R -Us provided pricing for "equal equipment'. Captain Matthew Zeller of the Police Department reviewed the proposals and has recommended award to Law Enforcement Supply as the Primary Vendor, to provide the specified equipment with a Seven (7) Year Warranty, and as Secondary Vendor, Strobes -R -Us, who has offered a percentage off list price for the specified manufacturer. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By Issuing a solicitation for Emergency Lighting and Equipment, City of Boynton Beach Police Vehicles, ordered Page 401 of 482 under the Florida Sheriffs' Association Cooperative Bid, will have the lighting and equipment furnished and installed per Bid Specifications with competitive pricing. FISCAL IMPACT: Bid proposals submitted by the two vendors will save approximately $2,000.00 per Police "marked" Vehicle for lighting and emergency equipment. Funds for the emergency equipment have been budgeted in account number 501-2516- 519-64-33. ALTERNATIVES: Continue to use the State of Florida Sheriffs' Contract for the addition of emergency equipment to Police vehicles; pursuit and non -pursuit. Page 402 of 482 12.A. NEW BUSINESS 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-139 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA funding of the Neighborhood Officer Policing Program for FY 16/17 for an amount not to exceed $263,000. EXPLANATION OF REQUEST: Agreement Period: October 1, 2016 -September 30, 2017 On October 10, 2016, the CRA Board approved an I nterlocal agreement between the City and CRA for the funding of the Neighborhood Officer Policing Program for FY 16/17. The City Commission approved Resolution R15-152 on December 7, 2015 to implement the neighborhood policing program for the Heart of Boynton and provide for CRA funding for FY 15/16 in the amount of $200,000. The CRA secured a location; 404 E. Martin Luther King Blvd. for the programs base of operations. The CRA staff has worked with the City Police Department to develop the Neighborhood Policing Program for the area and is a part of the ILA. The program began February 8, 2016, this ILA will continue the funding for this program for the period October 1, 2016 thru September 30, 2017 in accordance with the ILA. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Provide a neighborhood policing program for the Heart of Boynton Community. FISCAL IMPACT. Budgeted CRA will provide up to a maximum of amount of $263,000 for the management of the Neighborhood Officer Policing Program as outlined in the ILA. ALTERNATIVES: Do not approve the ILA STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 403 of 482 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Interlocal Agreement D Attachment REVIEWERS: Department Finance Legal Finance City Manager Description Resolution approving the ILA with the CRA for the funding of the Neighborhood Officer Policing Program CRA Executed ILA Neighborhood Policing ExhibitA Reviewer Action Howard, Tim Approved Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 10/12/2016 - 3:20 IIIA 10/10/2016 - 1:40 IIIA 10/10/2016 - 2:04 IIIA 10/10/2016 - 2:08 IIIA Page 404 of 482 I RESOLUTION NO. R16- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY FOR THE CRA FUNDING OF THE 7 NEIGHBORHOOD OFFICER POLICING PROGRAM FOR 8 FISCAL YEAR 2016-17 IN AN AMOUNT NOT TO EXCEED 9 $263,000 AND PROVIDING AN EFFECTIVE DATE. 10 WHEREAS, the intent of the Boynton Beach Community Redevelopment Agency 11 Neighborhood Officer Policing Program is to improve the quality of life for area residents and 12 to increase private investment within the CRA area known as the Heart of Boynton; and 13 WHEREAS, on December 7, 2015 the City Commission approved the 14 implementation of the neighborhood policing program for the Heart of Boynton and provide 15 for CRA funding for the fiscal year 2015/16 in the amount of $200,000; and 16 WHEREAS, the program began February 8, 2016 and this Interlocal Agreement will 17 continue the funding for this program for the period of October 1, 2016 through September 18 30, 2017; and 19 WHEREAS, the City Commission of the City of Boynton Beach, upon 20 recommendation of staff and the CRA Board, deems it to be in the best interests of the 21 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement 22 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 23 Agency regarding the CRA funding of the Neighborhood Officer Policing Program for fiscal 24 year 2016-17 in an amount not to exceed $263,000. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Page 405 of 482 27 Section 1. Each Whereas clause set forth above is true and correct and 28 incorporated herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 31 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the CRA 32 funding of the Neighborhood Officer Policing Program for fiscal year 2016-17 in an amount 33 not to exceed $263,000, a copy of said Interlocal Agreement is attached hereto as Exhibit 34 "A". 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 406 of 482 TIT T"J"],ftIV41�rT VzVjf'1,*r U=11 .j TZET-f FOR THE FUNDING OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, (hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA") (individually and collectively, the "Party" or "Parties"). M MM j WITNESSETH: 11111! 11111;;Il 11 ; 11 G 11 jill 0 III I I I I I I, � I III giiii lipli p 111 111 1� I .ff mx"11;111�11F 161 �ii I 1 11 � I ='RWG=$ 0.: 1 1 0 1 : -, I 111115111 LJ [11 M Ill I L 4 11111111111111 IS I! li llil:li qiIiiii A" 11, 1 MAI tltll � I . 9 - : 0, - 4 . 04 111- 1 ^ a LT., W F.'? -71 0071604134 Tri ve.AAs/2016/Police Program Page I Page 407 of 482 and the City find that this funding agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the City of Boynton Beach, including the Community Redevelopment Area. NOW, THEREFORF, in consideration of the mutual covenants and promises herein contained, the Parties hereby agree as follows: 1 Recitations. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. The CRA shall provide funding to the City in the maximum amount of Two Hundred Sixty -Three Thousand and 00/100 Dollars ($263,000.00), for management of the Neighborhood Officer Policing Program. The CRA shall make payments to the City on a quarterly basis for the reimbursement of direct expenses related to the operation of the Neighborhood Officer Policing Program as reflected in Exhibit "A". Written request from the City for payment must include all documentation, including receipts, indicating the amount and the purpose for the payment for which the City is seeking reimbursement. Payment shall be remitted to the City within thirty (30) days of receipt of City's request including complete documentation of expenses incurred. 3. Obligations of the City. 4. On a quarterly basis, the City shall provide a report to the CRA regarding the Community Policing program. The report shall detail the activities of the Officers for that quarter as described in the Community Policing program. 5. Term of the Agreement. The to of this Agreement shall become valid and commence upon execution by the City Mayor, City Clerk, and CRA Board Chair, and shall terminate on September 30, 2017. The CRA shall not be required to 0071604&1 Tdrive.-ILAs/2016/Poli ce Program Page 2 Page 408 of 482 reimburse City for any requests submitted after the Termination Date. The term of the Agreement may be extended upon the execution of a written amendment signed by tis 6. Records. The City and the CRA each shall maintain their own records and documents association with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during no al business hours during the term of this Agreement and at least I year after the termination of the Agreement. 7. ng. This Interlocal Agreement shall be filed pursuant to the 11� lq�; i 8. Default. If either Party fails to perform or observe any of the material : of a f written notice of such doo efault frm the ther Party, the Party giving notice of deI relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any Party to exercise its right in the event of any breach by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any failure to -rerf orm, by- the other Partp unless such waiver is in writin and signed bV the ther ,j — -A o P9-Y3i- Such waiver shall be limited to the terms specifically contained therein. This section shall 00716048-1 Tdrive.]LAs/2016/Police Program Page 3 Page 409 of 482 be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 9. Compliance with Laws. The City and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 10. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties cone in the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All or and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, or or written, concern m-ig the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 11. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. If a court of competent jurisdiction declares any part of this Agreement unlawful or invalid, the remainder of the Agreement will continue to be binding on both Parties. 12. Governing Law and Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any and all legal actions necessary to for the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Pahn Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to is the Parties expressly agree and submit. 0071604&1 Tdrive:Ms/2016/Pofice Program Page 4 Page 410 of 482 13. Notice. Whenever either Party desires to give notice to the other, such CITY: Lori LaVerriere, City Manager City of Boynton each 100 E. Boynton each Boulevard Boynton each, FL 33435 CRA: ' Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099E Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North F1aghTDriveJSn:1V_L5ffl West Palm Beach, Florida 33401 14. Na Transfer. The Parties shall not, in whole ora part, subcontract, zssign, or otherwise transfer this Agreement or any rights, interests, or obligatiorn hereunder to any individual, group, agency, government, non-profit or for-profit OD716048-1 02MEME�M; 1111111!1�ilillillilljllllllllililli��llilli�iI I illillilljll111111111111ilillilI I IIIIIIIIIIIIIII I III no NOMMIGH Mofflji, l--� Tdrive:1LAs/21016/Police Program Page 5 Page 411 of 482 M 007160411-1 Tdrive:IiAs/2016/Police Program Page 6 Page 412 of 482 IWLJIPT X7 , W f Page 413 of 482 i . 1 Page 414 of 482 fU ru� T'N Community policing definitions typically focus on three components that characterize many programs: some level of community involvement and consultation; decentralization, often increasing discretion to line -level officers; and problem solving. Because community policing is focused on close collaboration with the community and addressing community problems, it has often been seen as an effective way to increase citizen satisfaction and enhance the legitimacy of the police and the evidence is supportive in this regard. A major goal of this proposed neighborhood officer program is to cultivate high levels of mutual trust, understanding and respect between police and the residents of the neighborhoods they patrol. In order to achieve this, it is necessary that these Community Partners develop relationships which transcend the confines of ordinary community policing activities and instead focuses upon building sustainable problem solving partnerships. Additionally, the building of problem. solving partnerships and substantive relationships with invested members of the community will lead to a greater understanding of some of the challenges members of the public face and help the police department garner unique insights which might aid in addressing these challenges. This program helps effectively integrate police personnel into the fabric of our community. Reducing crime and disorder and improving the quality of life within historically plighted neighborhoods requires the development of these types of productive and meaningful relationships between citizens and representatives of their local government. As the most visible and accessible municipal agency, police personnel are uniquely postured to serve as a catalyst to an array of city services, community resources and organizations which can aid those in need as they work to better their circumstances and work in concert with other Community Partners to confront the challenges they identify within the community. Boynton Beach Community Redevello "Neigh orhood Officer Policing The Boynton Beach Police Department shall make all necessary efforts to achieve the following Program Goals: • Hold monthly meetings within the Heart of Boynton. • Establish goals with Community Partners which are SMART (Specific, Measurable, Attainable, Realistic, & Timebound) • Achieve an 80% success rate in 80% of the goals set within FY 2016-17 program year. E Page 415 of 482 • The Boynton Beach CRA will provide a visible base of operations for this Program located at: 404 E. Martin Luther King, Jr. Blvd. Unit A. • Police personnel assigned to this Program will be assigned within the Heart of Boynton community with a specific geographical emphasis on the east and west portions of Martin Luther King, Jr. Blvd. • Assist with public education and crime prevention within the Heart of Boynton. • Identify neighborhood specific problems and help with the coordination of other City services to resolve the issues. • Implement the use of an automatic license plate reader (ALPR)as an intelligence gathering platform which will be managed by the Police Department. • On a quarterly basis, the Police Department shall provide the CRA with crime statistics for the Heart of Boynton area along with data gathered by the ALPR and a GIS map identifying where crimes are occurring in the area. • Police personnel assigned to this unit shall patrol: (a) on foot, (b) on bicycle, or (c) on Segway vehicles, or (d) on golf carts. As a general rule, marked patrol vehicles should not be used unless operationally necessary and approved by command personnel. • Police personnel assigned to this function shall work a minimum of 40 hours a week. Thirty of these hours should be spent in the community, building relationships, collecting information and providing resources and information to residents and business owners who seek to promote positive change within their neighborhood. Specific emphasis should be given to those actions which will contribute to the attainment of the goals established with Community Partners. • The schedule for these Police personnel shall not be set, established or publically posted. Their presence should be anticipated at anytime by those who may be disrupted by their integration into the neighborhood. • Police personnel assigned to this function will be fumished with either cell phones or, at minimum, voicemail accounts, which will be used to correspond with police personnel directly. CRA staff shall be provided with a list of these phone numbers and protocol for telephone contact or dissemination of information by the CRA to the Officers assigned to the Program. • CRA staff shall be informed of the Neighborhood Officers hours on a regular basis. • The CRA shall be provided with an organizational chart of the Officers assigned to the Program listing rank, badge numbers and years of service. • The CRA shall be provided a quarterly written report outlining the following: o Hours worked by the Program Officer o Name, rank and badge number of Program officers who have worked the Program during the reporting period. o Activities undertaken to achieve the goals of the Program o Crime statistics for the reporting period. Page 416 of 482 M • At the end of the second year of the Program, the Police Department shall provide a written report summarizing the goals achieved along with a crime statistics report and associated map. Included in the report shall be recommendations for Program changes for the next fiscal year. • Funding for the Neighbor Officer Policing Program shall be at the discretion of the CRA Board and appropriated annually. • CRA Board approved funding for the second year of the Program, Fiscal year 2016-17, shall be $263,000 as described and included hereto as Attachment I of this agreement. The City and CRA shall enter into an Interlocal Agreement for the reimbursement of Program eligible and direct expenses incurred by the City. The Police Department shall invoice the CRA each quarter for direct program expenses while the Program is operational not to exceed the approved funding. • While the CRA will provide funding to support this program, operational and supervisory control remains with the Police Department. Page 417 of 482 Sergeant Salary & incentive(Diehl) Sergeant Benefits- Pension Sergeant Benefits Officer Salary & Incentive(Paramore) Officer Benefits -Pension Officer Benefits License Plate Reader Camera Mobile LPR Installation and Configuring LPR Software Bike Rack Cell Phones Service Plan Office Supplies Office Cleaning Misc. Supplies Printer -Copier -Scanner Actuall Quanl"Jty I Cost per Unit Subtotal 1 $86,990.00 $86,990.00 Salary, Education Incentive 1 $34,225.00 $34,225.00 Pension 1 $15,755.00 $15,755.00 Healthcare, Dental, Vision, Fica 1 $55,210.00 $55,210.00 Salary, Education Incentive 1 $21,720.00 $21,720.00 Pension 1 $13,335.00 $13,335.00 Healthcare, Dental, Vision, Fica 1 $0.00 $0.00 $227,235.00 Personnel Costs Total 1 $18,000.00 $18,000.00 1 $1,600.00 $1,600.00 1 $4,600.00 $4,600.00 $24,200.00 Total for License Plate Reader 2 $250.00 1 $500.00 Two Officers (includes Installation) $24,700.00 Equipment Costs Total L 2 $675-00 $1,350.00 1 $1,000.00 $1,000-00 1 $1,500-00 $1,500.00 Paper, Pens etc. 1 $1,000.00 $1,000.00 $125 Per Month 1 $500-00 - ---------- - $500.00 For Community Events $5,350.001 I Office Expenses Total TAPOLICINGkCommunity Police Program MLK\Budget FY 16-171Attch I Police Budget - Final as revised 08-242016 by City Page 418 of 482 12. B. NEW BUSINESS 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-140 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Heritage at City View Housing Partners, LP (NuRock Development Partners, Inc.) in association with their application for the 9% tax credit for Low Income Housing Tax Credit program for the proposed development on southeast side of Martin Luther King Jr. Blvd and sign any related application documents to confirm such support. EXPLANATION OF REQUEST: On October 10, 2016, the CRA Board approved a financial support request from Heritage at City View Housing Partners, LP (NuRock Development Partners, Inc.) in the amount of $1,000,000 in connection with their application for 9% tax credit program. The application requires the Local Government contribution to be made in support of the project. The CRA Board has agreed to the requested local government contribution amount of $1,000,000 as part of City View Housing Partners LP (NuRock Development Partners, Inc.) application submission. The Local Government is the City of Boynton Beach. The interlocal that is being recommended provides for the financial support to be paid by the Boynton Beach Community Redevelopment Agency. Such contribution is dependent upon Heritage at City View Partners, LP being awarded the 9% tax credit. At the August 9, 2016 CRA Board meeting the CRA Board selected NuRock Development Partners doing business as the single asset entity, Heritage at City View Housing Partners, LP to redevelop the CRA -owned property known as MILK, Jr. South Project. Heritage at City View Housing Partners is offering the CRA $10 for the CRA owned parcels and any remaining balance from the $2 million dollars necessary for their acquisition of the third party owned parcels located within the project area. The CRAowned properties appraised at $600,000 in June 2016. NuRock operating as Heritage at City View Housing Partners, LP, will apply to Florida Housing Finance Corporation (FHFC) for 9% low-income housing tax credits December 2016. FHFC will notify applicants by March 2017 if their projects are qualified to receive funding. The FHFC funding application requires a local government contribution. The Board has agreed to the requested amount of $1,000,000. However, the funding must come from a municipality therefore the CRA and City must enter into an interlocal agreement for the CRA to reimburse the City for the $1,000,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. There is no ultimate fiscal impact to the City of Boynton Beach. ALTERNATIVES: Do not approve the interlocal. STRATEGIC PLAN: Page 419 of 482 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving financial support to Heritage at City View Housing Partners (NuRock) D Interlocal Agreement CRA Exec ILA NuRock-KALK D Attachment KALK Local Govt Contrib D Attachment CRA Agenda Item 10-10-16 - KALK REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 10/12/2016 - 4:52 IIIA Legal Swanson, Lynn Approved 10/16/2016 - 3:02 IIIA Finance Howard, Tim Approved 10/16/2016 - 3:27 IIIA City Manager LaVerriere, Lori Approved 10/14/2016 - 10:07 AKA Page 420 of 482 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION NO. R16 - A RESOLUTION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE A FINANCIAL CONTRIBUTION TO THE HERITAGE AT CITY VIEW HOUSING PARTNERS, LP, (NUROCK DEVELOPMENT PARTNERS, INC) IN ASSOCIATION WITH THEIR APPLICATION FOR THE 9% LOW INCOME TAX CREDIT FOR THE PROPOSED DEVELOPMENT ON SOUTHEAST SIDE OF MARTIN LUTHER KING JR BOULEVARD AND TO SIGN ANY RELATED APPLICATION DOCUMENTS TO CONFIRM SUCH SUPPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to eliminate slum and blight and to facilitate the development of affordable housing within the Community Redevelopment Area; and WHEREAS, the proposed development known as MLK Jr. South Project will help the Community Redevelopment Agency to achieve its goals; and WHEREAS, the developer of the MLK Jr. South Project, NuRock Development Partners doing business as the single asset entity Heritage at City View Housing Partners, LP is applying for 9% Low -Income Housing Tax credits in December of 2016; and WHEREAS, the financial match of $1,000,000 required by the Florida Housing Finance Corporation is required to come from a municipality therefore the CRA and City must enter into an interlocal agreement for the CRA to reimburse the City for the $1,000,000; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff and the CRA Board, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency to provide financial support to the Heritage at City View Housing Partners, LP., Page 421 of 482 34 (NuRock Development Partners, Inc) in association with their application for the 9% Low 35 Income Housing Tax Credit program for the proposed development on the southeast side of 36 Martin Luther King, Jr. Blvd. development and to sign any related application documents to 37 confirm such support. 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 39 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 40 Section 1. Each Whereas clause set forth above is true and correct and 41 incorporated herein by this reference. 42 Section 2. The City Commission of the City of Boynton Beach, Florida does 43 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 44 Boynton Beach and the Boynton Beach Community Redevelopment Agency to provide 45 financial support to the Heritage at City View Housing Partners, LP., (NuRock Development 46 Partners, Inc) in association with their application for the 9% Low Income Housing Tax 47 Credit program for the proposed development on the southeast side of Martin Luther King, Jr. 48 Blvd. development and to sign any related application documents to confirm such support, a 49 copy of said Interlocal Agreement is attached hereto as Exhibit "A". 50 Section 3. That this Resolution shall become effective immediately upon passage. 51 Page 422 of 482 52 PASSED AND ADOPTED this day of , 2016. 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 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 VOTE YES NO Page 423 of 482 a ikN KI W A IF THIS AGREEMENT, made and entered into on the day . ........................ 2016 by and between: larnOT-00-mr �-I a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CIM)i Kom momINJI Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to L1A11 V Vikq 1 WC4 N I WHEREAS, CrrY and CRA CParties") desire to encourage Affordable and Workforce Housing development within the City and the CRA; and mI1M, ITXO) WHEREAS, the CRA has approved a financial contribution of one million dollars ($1,000,000) in the form of a grant contribution ("Grant") to assist the developer, Heritage at City ViewHousinq Partners, LP i in the develN"t of certain merties located on the southeast side of Martin Luther King. IrMUITUITTISTINO, =15*1 tells MOE "I". ". "W"M 01 -MUM MYMITM Page 424 of 482 WHEREAS, the Parties desire to enter into an Interlocal Agreement ("Agreement') for the City of Boynton Beach to pay the Grant, on behalf of the CRA, the NuRock Companies under the name Heritage at City View Housing Partners, LP (the "Grantee'), under the condition that the Heritage at City View Housing Partners, LP obtains award underwriting approval of a 9% Low Income Housing Tax Credit allocation from the Florida Housing Finance Corporation by June 30, 2017, and WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Florida Interlocal Coo -,f eration Act' �*ermits the Parties- as ycub . c a cies under the Interlocal Cofteration Act 'to enter into mte�docal agreements with each other to authorize one public agency to exercise, on behalf of the other public agency, jointly held powers, privileges or authorities which each such public agency shares in allw-auvm m&W1k-IL AwkvxAif use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental geography, economy, population and other factors influencing the needs and development of such public agencies; and M WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal Coolie ti Net to execute anv and all documents necessary to effectuate and to irnDlement the terms of this _ �rauon..Act. 09. - I I; I �1 .44 WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Agreement; and F-OR-7TtIJ) -U; C011SEDEdT.LTION of the mutual covenants an,� zgreements hereinafter set forth, the Parties hereto agree as follows: Section 1. RECITALS 1.01 The above recitals are true and correct and are incorporated herein, 2.01 This Agreement shall be effective upon the approval of both parties and upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of the following: 1) final payment of the one million dollars ($ 1,000,000) to Heritage at City View Housing Partners, LP consistent with the ternis of this Agreement; or 2) the failure Heritage at City View Housing Partners, LP to obtain award underwriting approval of a 9% Low Income Housing Tax Credit from Florida Housing Finance Corporation by June 30, 2017. 00703693-1 Page 425 of 482 Section 3. DUTIES AND RESPONK1111 IT IES OF THE PARTIES 3.01 The Parties agree that the Grant, per Resolution No. shall be paid by the CITY to Heritage at City View on behalf of the CRA. The Parties agree finther that the CRA will reimburse the CITY for the payment of said Grant, within 30 days of CITY's notice of making payment. Payment shall be made to Heritage at City View Housing Partners, LP upon. 1) Heritage at City View Housing Partners, LP providing evidence that they have been awarded a nine percent (9%) low income tax credit from the Florida Housing Finance Corporation; and 2) a real estate closing for the sale of the project properties located on the southeast side of Martin Luther King Jr. Boulevard as described in Exhibit "A." 4.01 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law. Certificates of Insurance reflecting, evidence of the required insurance shall be filed with the CITY's Risk Manager and with the CRA's Controller, respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior written notice has been given to the other party. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VIF in the latest edition of "Best Key Rating Guide", published by i Guide. 5.01 -CWa and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the development of the on the Martin Luther King Jr. project site located on the southeast side of Martin Luther King Jr. Boulevard property as described in Exhibit f .01 The respective obligations of the parties shall not be assigned, in whole or in part without thi written consent of the other party. 7.01 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without KIKW41�1 Page 426 of 482 ILS7fa-all-P, U1, rnmr-'rarmpany OMNI o availaRle to it in law or equity. is 0 1 CrrY and CRA sha-I comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may bi a�vgjlicable. Section 9. VENUE 11.01 Any and all legal actions necessary to enfbrce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern Dis)-ict of Flo ".•. - 10.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. 11.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in flill force qjd e ILmt. 12.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. 13-01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for givimg of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 00703693-1 Page 427 of 482 CRA: Executive Director Boynton Beach CRA 710 N. Federal Highway Copies James A. Cherof To: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 =M, TUM QV 0 WtUtl WKYR-Mil 14.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. go 001:1 AM UIV GO U'l 010MOISM 11 -MR -015 3 M 0164.5 VNIMI !I&IIII Msy"� �Ih OG703693-1 Page 428 of 482 CITY OF BOYNTON BEACH a municipal corporation . . . . . . . . . . . . . . . . . . ...... M FIX to 141.1 Approved as to form: Steven Grant, Mayor I W, W-1KI It 101175 10 11101 N ILIA 114 of 01 OLVA DI Is I Nal I 1 1 of the State of FlorniZ- By: Steven Grant, Chair Approved as to form: CRA Attorney 14e 4/'/ - ................................ . . . ....... . ............... 101fu*RX5 Page 429 of 482 EXHIBIT "A" LEGAL DESCRIPTION CRA Owned Parcels: • E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0090 - Lot 9, Block 5 of Palm Beach Country Club Ests • E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0100 - Lot 10,11,12 & 13, Block 5 of Palm Beach Country Club Ests 206 E. Martin Luther King Jr. Blvd. - 08-43-45-21-04-000-0202 -South 100 ft. of the West 5 ft. of Lot 20, 21 & 22, Robert Wells Subdivision 117 NE 91h Ave. - 08-43-45-21-10-004-0050 - Lot 5, Blk 4, PB Country Club Ests 123 NE 9th Ave. - 08-4345-21-10-004-0060 - Lot 6, Blk 4, PB Country Club Ests 129 NE gtheAve. - 08-43-45-21-10-004-0080 - Lot 8, Blk 4, PB County Club Ests NE 9th Ave. - 08-43-45-21-10-004-0090 - Lot 9, Blk 4, PB County Club Ests 141 NE 9t' Ave. - 08-43-45-21-10-004-0100 - Lot 10, Blk 4, PB County Club Ests 151 NE 9th Ave. - 08-43-45-21-10-004-0130 - Lot 13, Block 4, Palm Beach Country Club Ests THIRD * Martin Luther King Blvd. — 08-43-45-21-10-005-0060 — Lot 6, Block 5, PB Country Club Ests 130 E Martin Luther King Jr Blvd. - 08-43-45-21-10-005-0060 - Lots 7 & 8, Block 5, PB Country Club Ests E 9th Ave. - 08-43-45-21-10-004-0040 - lot 4, Block 4, PB Country Club Ests NE 9th Ave. - 08-43-45-21-10-004-0070 - Lot 7, Block 4, PB Country Club Ests 143 NE 9t' Ave. - 08,43,45-21-10-004-0110 - Lot 11, Block 4, IAB Country Club Ests E 91h Ave. - 08-43-45-21-10-004-0070 - Lot, Block 4, PB Country Club Ests 00703693-1 Page 430 of 482 EXHIBIT "A" �� ; 00703693-1 Page 431 of 482 FLORIDA HOUSING FINANCE CORPORATION LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION — GRANT FORM Name of Development: Heritage at City View Approx. 200' East of the Southeast Corner of E. MLK Jr. Boulevard and Development Location: Seacrest Boulevard, City of Boynton Beach (At a minimum, provide the address number, sheet name and city, and/or provide the street name, closest designated intersection and either the city (if located within a city) or county (if located in the unincorporated area of the county)- If the Development consists of Scattered Sites, the Development Location stated above must reflect the scattered site where the Development Location Point is located-) The City/Contity of City of Boynton Beach conunits $ 1,000,000.00 _ as a grant to the Applicant for its rise solely for assisting the proposed Development referenced above. The City/'County does not expect to be repaid or reimbursed by the Applicant, or any other entity, provided the finids are expended solely for the Development referenced above. No consideration or promise of consideration has been given with respect to the grant. For purposes of the foregoing, the promise of providing affordable housing does not constitute consideration. The conunitinent for this grant must be of as of the Application Deadline for the applicable RFA, and is provided specifically with respect to the proposed Development. The source of the grant is: (e -g-, SHIP, HOME, CDBG) CERTIFICATION I certify that the foregoing information is true and correct and that this connnitinent is effective at least through the date required in the applicable RFA. Sigpiature Print or Type Nanie Print or Type Title This certification must be signed by the chief appointed official (staff) responsible for such approvals. Mayor. City Manager, County Manager/Administrator/Coordinator. Chairperson of the City ComiciLlConunission or Chairperson of the Board of County Commissioners. If the contribution is from a Land Awliority organized pursuant to Chapter 380.0663, Florida Statutes. this certification must be signed by the Chair of the Land Awliority. One of the aiahorized persons named above may sign this form for certification of state, federal or Local Government funds initially obtained by or derived from a Local Government that is directly administered by an intermediary such as a housing finance aiitliority. a community reinvestment corporation. or a state -certified Community Housing Development Organization (CHDO). Other signatories are not acceptable. The Applicant -%All not receive credit for this contribution if the certification is improperly signed. To be considered for points. the amount of the contribution stated on this form must be a precise dollar amount and calmot include words such as estimated, tip to, maximiun of. not to exceed, etc. If the Application is not eligible for automatic points. this contribution will not be considered if the certification contains corrections or '-white-mit' or if the certification is altered or retyped. The certification may be photocopied. Please note: This form may be modified by Florida Housing Finance Corporation per Section 67-60.005. F.A.C. (Form Rev- 08-16) Page 432 of 482 I Consent Y , 4 ,, I X I Old Business, SUBJECT: Consideration of Interlocal Agreement between the CRA and the City of Boynton Beach for the LIHTC Program Required Local Government Contribution in the Amount of $1,000,000 to Heritage at City View Housing Partners, LP (NuRock Development Partners, Inc.) for the 2.97 Acre Project Site known as MILK, Jr. South Project located in the Heart of Boynton. SUMMARY: At the August 9, 2016 CRA Board meeting the CRA Board selected NuRock Development Partners doing business as the single asset entity, Heritage at City View Housing Partners, LP, the 2.97 acre site partially owned by the CRA known as the MLK, Jr. South Project. As provided in their RFPIRFQ response, Heritage at City View Housing Partners, LP is proposing to construct a three story, 75 unit senior rental housing development and will be applying to the State of Florida for 9% Low -Income Housing Tax Credit (LIHTC) program for development funding. The project is dependent upon being awarded funds from the LIHTC program. Heritage at City View Housing Partners is offering to pay $10 for the CRA owned parcels and any remaining balance from the $2 million dollars necessary for their acquisition of the third party owned parcels located within the project area and required to make the proposed project feasible. The CRA owned parcels appraised at $600,000 in June 2016. Application for the LIHTC funding is due by December 8, 2016 with scoring done in February 2017 and approval of a project in March 2017. The FHFC funding application requires a local government contribution. The CRA Board has agreed to the requested amount of $1,000,000. The LIHTC funding application requires a local government contribution to be made in support of the project. The CRA Board has agreed to the requested local government contribution amount of $1,000,000. However, the local government contribution must come from a municipality, therefore the CRA and City of Boynton Beach must enter into an Interlocal Agreement in order for the CRA to reimburse the City for the $1,000,000 once expended. FISCAL IMPACT: $1,000,000 from FY 2016-2017 approved budget line item 02-58200-404. PROJECT:CRA PLAN, PROGRAM OR Heart of Boynton Community Redevelopment Plan RECOMMENDATION: Option 1Approve the ILA wit1I t:'m Cityf Boynton Beach to provide the loc I gorvernment contribution to 1-leritage at City View Housing Partners, Lf,", as presented. Option 1) Approve the ILA with the City of Boynton Beach to provide the local government contribution to Heritage at City View Housing Partners, LP, as presented. Option 2) Approve the ILA with the City of Boynton Beach to provide the local government contribution to Heritage at City View Housing Partners, LP, with revisions. Option 3) Do not approve the ILA with the City of Boynton Beach to provide the local government contribution to Heritage at City View Housing Partners, LP. � N -� � -�� Michael Simon, Assistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeeUng\CRA Board\FY 2016 - 2017 Board Meetings\Oct 20161NuRock MLKJr South Pd Local Match.docx Page 433 of 482 W W 0 NOVAYA 01MIUM 1: 1 M kVA El 'AN I L% a RIAU 09 1 DI Pke 114 1 Memmi ZZIM U TIRS AGREEMENT, made and entered into on the . . . ....... day of 2016 by and between: a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as EMPI BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 710 N. Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to as "CRA') plyi-I -1 ZI K MI 4 N I Itr VIVIMR.EAS, CITY and CRA ("Parties?') desire to encourage Affordable and Workforce Housing development within the City and the CRA, and WHERIEAS, the CRA has determined that the provision of Affordable and Workforce Housing within the CRA ftuthers the CRA's purpose of eliminating slum and blight; and VVHEREAS, the CRA has approved a financial contribution of one million dollars ($1,000,000) in the form of a grant contribution ("Grant") to assist the developer, Heritage at City View Housing r'artners, LP, in the development of certain properties located on the southeast side of Martin Luther King, Jr. Boulevard in Boynton Beach, Florida, as described in Exhibit "N' attached hereto, and 00703693-1 Page 434 of 482 WHEREAS, the Parties desire to enter into an Interlocal Agreement ("Agreement") for the City of Boynton Beach to pay the Grant, on behalf of the CRA, the NuRock Companies under the name Heritage at City View Housing Partners, LP (the "Grantee"), under the condition that the Heritage at City View Housing Partners, LP obtains award underwriting approval of a 9% Low Income Housing Tax Credit x1location from the Florida Housing Finance Corporation by June 30, 2017, and WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Florida Interlocal Cooperation Act"), permits the Parties, as public agencies under the Interlocal Cooperation Act, to enter into interlocal agreements with each other to authorize one public agency to exercise, on behalf of the other public agency, jointly held powers, privileges or authorities which each such public agency shares in common and which each might exercise separately, permitting the public agencies to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such public agencies; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to Uf I'Y that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND D4 CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: n,M; A, M1 1.01 The above recitals are true and correct and are incorporated herein. aTiT �i! �04 �4ZODIJAIDIOMI 2.01 This Agreement shall be effective upon the approval of both parties and upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of the following: 1) final payment of the one million dollars ($1,000,000) to Heritage at City View Housing Partners, LP consistent with the terms of this Agreement; or 2) the failure Heritage at City View Housing Partners, LP to obtain award underwriting approval of a 9% Low Income Housing Tax Credit from Florida Housing Finance Corporation by June 30, 2017: KATMUM Page 435 of 482 3.01 The Parties agree that the Grant, per Resolution No. shall be paid by the CITY to Heritage at City View on behalf of the CRA. The Parties agree further that the CRA will reimburse the CITY for the payment of said Grant within 30 days of CITY's notice of making payment. Payment shall be made to Heritage at City View Housing Partners, LP upon: 1) Heritage at City View Housing Partners, LP providing evidence that they have been awarded a nine percent (9%) low income tax credit from the Florida Housing Finance Corporation; and 2) a real estate closing for the sale of the project properties located on the southeast side of Martin Luther King Jr. Boulevard as described in Exhibit "A." �Xtrq MIT, Rig QN&WIT.W141 4.01 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law. Certificates of Insurance reflecting, evidence of the required insurance shall be filed with the CITY's Risk Manager and with the CRA's Controller, respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior written notice has been given to the other party. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 5.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the development of the on the Martin Luther King Jr. project site located on the southeast side of Martin Luther King Jr. Boulevard property as described in Exhibit "A." 6.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 7. DEFAULT 7.01 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without Oam 00703693-1 Page 436 of 482 available 11 it in lawor equity. ' ' 1.. 1 }:. # i 2.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. Section 6 1 a- Nor • 10.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. s li' s ZM, 11.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. io WYNNY.1_i1 FM 12.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. 13.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton r Beach, 00703693-t Page 437 of 482 CRA: Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies James A. Cherof To: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flavier Drive i suite14 kyrnmn-w-rimply M=%Mr'PMMK 14.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. 99-099E., 00703693-1 Page 438 of 482 UN WITNESS WHEREOF, the ClTY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. off City Clerk Approved as to form: Approved as to form: 00703693-1 CITY OF BOYNTON BEACH a municipal corporation AwaLo�i qa-f �i�J'f � ' TAQ LE 10101lie" ; =-- 11110.61 'Ff the State of Florida By: Steven Grant, Chair Page 439 of 482 r a 118 E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0050 - Lot 5, Blk 5, PB Country Club Ests a E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0090 - Lot 9, Block 5 of Palm Beach Country Club Ests E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0100 - Lot 10, 11, 12 & 13, Block 5 of Palm Beach Country Club Ests 206 E. Martin Luther King Jr. Blvd. - 08-43-45-21-04-000-0202 - South 100 ft. of the West 5 ft. of Lot 20, 21 & 22, Robert Wells Subdivision 117 NE 9t" Ave. - 08-43-45-21-10-004-0050 - Lot 5, Blk 4, PB Country Club Ests a 123 NE 9" Ave. - 08-43-45-21-10-004-0060 - Lot 6, Blk 4, PB Country Club Ests a 129 NE 9t"e Ave. - 08-43-45-21-10-004-0080 - Lot 8, B I k 4, PB County Club Ests NE 9t" Ave. - 08-43-45-21-10-004-0090 - lot 9, Blk 4, PB County Club Ests a 141 NE 9t" Ave. - 08-43-45-21-10-004-0100 - Lot 10, Blk 4, PB County Club Ests a 151 NE 9t" Ave. - 08-43-45-21-10-004-0130 - Lot 13, Block 4, Palm Beach Country Club Ests THIRD PARTY PARCELS: a Martin Luther King Blvd. - 08-43-45-21-10-005-0060 - Lot 6, Block 5, PB Country Club Ests a 130 E Martin Luther King Jr Blvd. - 08-43-45-21-10-005-0060 - Lots 7 & 8, Block 5, PB Country Club Ests a NE 9t" Ave. - 08-43-45-21-10-004-0040 - Lot 4, Block 4, PB Country Club Ests a NE 91" Ave. - 08-43-45-21-10-004-0070 - Lot 7, Block 4, PB Country Club Ests 9 143 NE 9" Ave. - 08-43-45-21-10-004-0110 - Lot 11, Block 4, PB Country Club Ests NE 9' Ave. - 08-43-45-21-10-004-0070 - Lot, Block 4, PB Country Club Ests X04T., UN Page 440 of 482 � , n T1 ,:.,IR Page 441 of 482 15.A. FUTURE AGENDA ITEMS 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: City Commission to review Legislative Priority List for upcoming Legislative Session - November, 2016 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 Manager Reviewer Action Date Stanzione, Tammy Approved 10/10/2016 - 10:88 AM Page 442 of 482 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: Human Resources - November 2016 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 City Manager 15. B. FUTURE AGENDA ITEMS 10/18/2016 Reviewer Action Date Stanzione, Tammy Approved 10/10/2016 - 10:38 AM Page 443 of 482 15.C. FUTURE AGENDA ITEMS 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 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. (TBD upon return with State approval) 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. Page 444 of 482 Please note that a map and related comments have been added to the transmittal package pursuant to 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 Development Description Ordinance approving text amendments to Coastal Management Staff Report Exhibit A. Proposed Amendments Exhibit B. Map Series Reviewer Action Date Stanzione, Tammy Approved 10/10/2016 - 10:33 AIV Page 445 of 482 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 446 of 482 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 447 of 482 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 448 of 482 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 449 of 482 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 450 of 482 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 451 of 482 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 452 of 482 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 453 of 482 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 454 of 482 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 455 of 482 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 456 of 482 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 457 of 482 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 458 of 482 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 459 of 482 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 460 of 482 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 461 of 482 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 7.494.1 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 462 of 482 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 463 of 482 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 464 of 482 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 464 of 482 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 465 of 482 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 466 of 482 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 467 of 482 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 468 of 482 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 469 of 482 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 470 of 482 City of Boynton Beach 7-14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 471 of 482 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 471 of 482 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 472 of 482 FLOOD HAZARD MAP SERIES Page 473 of 482 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 474 of 482 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 475 of 482 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 476 of 482 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 477 of 482 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 478 of 482 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 479 of 482 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 480 of 482 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 481 of 482 15.D. FUTURE AGENDA ITEMS 10/18/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/18/2016 REQUESTED ACTION BY COMMISSION: Upon successful negotiations, the Commission will ratify the SEIU and PBA union contracts -TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Reviewer Action Date Human Resources Stanzione, Tammy Approved 10/10/2016 - 10:88 AM Page 482 of 482