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Agenda 02-02-21The City of Boynton Beach City Commission Agenda Tuesday, February 2, 20211 4:45 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Ty Penserga (District IV) Commissioner Justin Katz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Christina L. Romelus (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. °a�1111rIN°„',mf www.boynton-beach.org Page 1 of 380 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Due to the COVI D-19 public health emergency and in accordance with Governor DeSantis's Emergency Orders, the City requests that all citizens follow the safe at home guidance provided by the State, the County, and the Federal Government. The City of Boynton Beach encourages interested parties to attend and participate in public meetings via communications media technology online. To view and/or participate in the City Commission meeting you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on February 2, 2021 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda Page 2 of 380 item number(s) for your comments. Comments received by the deadline will be read into the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 380 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call In accordance with Section 286.011(8) Florida Statutes, the City Commission will hold a closed - door session on Tuesday, February 2, 2021 beginning at 4:45 p.m., via Zoom to discuss the case: BRANDON BRESCIA, Plaintiff, vs. CITY OF BOYNTON BEACH, a Florida municipal corporation, Defendant — Palm Beach County Circuit Court Case Number: 50-2019CA009922- XXXX-MB- AE In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 45 minutes will be needed. Invocation by Rev. Laurie Durgan of Unity of Delray Beach Pledge of Allegiance to the Flag led by Commissioner Woodrow L. Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations A. Proclaim February 11-17, 2021 as 2-1-1 Awareness Week. B. Proclamation recognizing February as Black History Month. C. Announcement by Kacy Young, Recreation & Parks Director in recognition of the Four Chaplains Remembrance Ceremony being hosted by the Boynton Beach Veteran's Council at Tom Kaiser, USN Boynton Beach Veterans Memorial Park on Wednesday February 3, 2021, at 12:00 PM. All CDC guidelines will be followed. 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. B. Approve the request of Mayor Grant to distribute $200.00 of his Community Support Funds to POW -MIA -GREE Corp 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for Page 4 of 380 "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Legal Expenses - December 2020 - Information at the request of the City Commission. No action required. B. Proposed Resolution No. R21-020 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. C. Approve amendments to the Fiscal Year 2020-2021 approved Capital Improvement projects for the 302 Fund (General). D. Approve minutes from the City Commission meeting on January 5, 2021. 7. Consent Bids And Purchases Over $100,000 A. Approve Phase 1 of Task Order UT -11E-03 with Gentile Glas Holloway O'Mahoney, in the amount of $100,000.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E for the preliminary design for the improvements of Fire Station No. 3. B. Authorize the City Manager to sign the proposal for the purchase of 2 1250KW Diesel Generators and the associated electrical switchgear from TAW Power Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor, for the sum of $1,539,039 through the national Sourcewell Contract #120617 -KOH. Sourcewell procurement process satisfies the City's competitive bid requirements. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 21-001 - Second Reading - Approving request for abandonment (ABAN 21-003) of a 12' wide water and sewer easement in conflict with scheduled cafeteria expansion plans at Citrus Cove Elementary School, located at 8400 Lawrence Road. Proposed Ordinance No. 21-002 - Second Reading - Approving request for abandonment (ABAN 21-004) of a 10' wide water easement in conflict with scheduled cafeteria expansion plans at Citrus Cove Elementary School, located at 8400 Lawrence Road. 9. City Manager's Report A. Police Chief Gregory will give a presentation on community policing and how the police department responds to protests. B. At the request of the commission, the Utility is pleased to present a summary of recent stormwater management improvements, current maintenance activities and planned work to address recent neighborhood flooding issues. C. Discuss and provide direction for an ordinance prohibiting the use of polystyrene foam products in City facilities and on City property. 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. 21-021 - Approve and authorize the Mayor to sign the Interlocal Agreement and Purchase & Sale Agreement for the Historic Women's Club of Boynton Beach. Page 5 of 380 B. Vice Mayor Penserga and representative from Feeding South Florida will discuss options for coordinating a day of service at their newly built facility in Boynton Beach. 12. Legal A. Proposed Ordinance No. 20-003 - First Reading -Approve a revision to City Ordinances section 9-3 (c) to include Photovoltaic systems. 13. Future Agenda Items A. Consider ordinance for year round irrigation that has been requested by South Florida Water Management District. - February 16, 2021 B. Award of Task Order for Design Services for Gulfstream Blvd. Improvements - February 16, 2021 C. Amendment to ILA with Delray Beach for Gulfstream Blvd. Improvements- February 16, 2021 D. ILA for Sara Sims Park Pavilion I mprovements - March 16, 2021 E. Charlotte Pelton & Associates to provide an update on the naming rights campaign - March 16, 2021 F. Mayor Grant requested information on the water quality of canal systems within the City. - March 2021 G. Vice Mayor Penserga requested a discussion regarding a City Mural Program - March 2021 H. Present option for management of canal assessment program - March 2021 Voluntary Sustainability Payment on Water Bills - April, 2021 J. Discussion on funding for expanding Wi-Fi to City parks. -April, 2021 K. Monuments of City Property - April 2021 L. Discussion of LOI process for sale of city land - TBD 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (ES. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerks office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication of the agenda on the city's web site. Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 6 of 380 1.A. Opening Items 2/2/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call In accordance with Section 286.011(8) Florida Statutes, the City Commission will hold a closed -door session on Tuesday, February 2, 2021 beginning at 4:45 p.m., via Zoom to discuss the case: BRANDON BRESCIA, Plaintiff, vs. CITY OF BOYNTON BEACH, a Florida municipal corporation, Defendant — Palm Beach County Circuit Court Case Number: 50-2019CA009922-XXXX-MB- AE In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 45 minutes will be needed. Invocation by Rev. Laurie Durgan of Unity of Delray Beach Pledge of Allegiance to the Flag led by Commissioner Woodrow L. Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Non -budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Page 7 of 380 Is this a grant? No Grant Amount: Attachments: Page 8 of 380 Requested Action by Commission: Informational items by Members of the City Commission Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 2.A. Other 2/2/2021 Page 9 of 380 3.A. Announcements, Community and Special Events and Presentations 2/2/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 2/2/2021 Requested Action by Commission: Proclaim February 11-17, 2021 as 2-1-1 Awareness Week. Explanation of Request: 211 is a community helpline and crisis hotline that provides suicide prevention, crisis intervention, information, assessment, and referral to community services for people of all ages. I ndividuals and families living in Palm Beach County, can call 2-1-1 to speak with a highly trained resource specialist. Calls to 211 Helpline are free, confidential, and 24/7. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Not to proclaim February 11-17, 2021 as 2-1-1 Awareness Week. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type FlirtaaJa irna bola Description FlirtaaJa irna tioir:... 2...1...1 \Ara:iir'E)1['1E)S> VVE)E)c Page 10 of 380 Proelamention WHEREAS, 2-1-1 HelpLine is proud to announce it is celebrating 50 years of service to our community; and WHEREAS, over this span of time 2-1-1 HelpLine has responded to over 3 million requests for help from people of all walks of life- providing the guidance and support they've needed; 2-1-1 continued to do so throughout the course of the current pandemic; and WHEREAS, requests for help more than doubled at periods in response to COVID-19 last year; Caring staff continue to be that beacon of hope providing crisis support, when people are overwhelmed and do not know where to turn... 2-1-1 is available anytime of day or night; and WHEREAS, 2-1-1 also has specialized advocacy and support programs that include The Special Needs HelpLine, Help Me Grow catching children's developmental delays early, Elder Crisis Outreach; and WHEREAS, 2-1-1's life-saving "Sunshine" Daily Telephone Reassurance calls continue to brighten the lives of local isolated seniors and has expanded to include isolated caregivers; and WHEREAS, 2-1-1's My Florida Veterans provides peer-to-peer support and helps veterans to readjust, providing linkages to services for veterans and their families. NOW, THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, hereby proclaim February 11-171h, 2021 as: 2-1-1 Awareness Week in the City of Boynton Beach, and urge all citizens to be aware that if they are overwhelmed and in crisis or just need to talk ... 211 is available any time of day or night. 211 staff can also provide referrals for Mental Health Counseling, Substance Abuse, Health Care, Employment, Food Assistance, Day Care, Support Groups, Volunteering, VITA free income tax preparation and so much more. IN WITNESS WHEREOF, I hereunto set my hand and cause the official seal of the City of Boynton Beach, Florida, to be affixed this 2nd day of February, 2021. Steven B. Grant, Mayor ATTEST: Tammy Stanzione Deputy City Clerk 3.B. Announcements, Community and Special Events and Presentations 2/2/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 2/2/2021 Requested Action by Commission: Proclamation recognizing February as Black History Month. Explanation of Request: Mayor Grant has requested a proclamation to recognize Black History Month. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Riggy IBack Description FlirtaaJa irna bola I&lack Il lllia:>tory I oir:tlh Page 12 of 380 Proclamation WHEREAS, Black History Month affords an annual opportunity to become more knowledgeable about African American heritage, and to honor the many black leaders who have contributed to the progress of our nation; and WHEREAS, such knowledge can strengthen the insight of all our citizens regarding the issues of human rights, the great strides that have been made in the crusade to eliminate the barriers of equality for minority groups, and the continuing struggle against racial discrimination and inequity; and WHEREAS, we recognize and acclaim the work of Lamar D. Jackson, Jr. a former Quarterback at the Boynton Beach Community High School who has risen to the ranks of starting QB for the Baltimore Ravens. His determination to improve his education and skills has shown with numerous awards and accolades including the youngest player to win the Heisman Trophy and elected unanimously as the NFL's 2019 Most Valuable Player. WHEREAS, Mr. Jackson's apparel company, Era 8, supports the African Wild Dogs through education and funding by maintaining and protecting the species from poaching and poisoning. WHEREAS, as we journey toward a more united nation, let us use this commemoration of Black History Month to serve as a reminder of the need for meaningful dialogue and shared commitment to actions that uplift and empower all. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do recognize the month of February, Two Thousand Twenty -One as: BLACK HISTORY MONTH and I urge residents to join together in this period of rededication to the principles of justice and equality for all people. 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 2nd day of February, Two Thousand Twenty -One. Steven B. Grant, Mayor ATTEST: Tammy Stanzione Deputy City Clerk Requested Action by Commission: Announcement by Kacy Young, Recreation & Parks Director in recognition of the Four Chaplains Remembrance Ceremony being hosted by the Boynton Beach Veteran's Council at Tom Kaiser, USN Boynton Beach Veterans Memorial Park on Wednesday February 3, 2021, at 12:00 PM. All CDC guidelines will be followed. Explanation of Request: How will this affect city programs or services? No affect on City programs or services. Fiscal Impact: Non -budgeted No Fiscal Impact Alternatives: To not make the announcement about the Four Chaplain Remembrance Ceremony. Strategic Plan: Boynton Beach Branding Strategic Plan Application: The advertising and hosting of special events encourages residents and visitors to visit the Park. Climate Action Application: No Climate Action Application. Is this a grant? Grant Amount: Attachments: Page 14 of 380 5.A. Administrative 2/2/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 2/2/2021 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. How will this affect city programs or services? Appointments are necessary to keep our advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Building Wealth in the Community Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt ttaclhtirTIENI'lt ttaclhtirTIENI'lt ttaclhtirTIENI'lt Description ppoiir:tirTIE)i is air:d Appicaints for 2...2...21 SliirnirnQ.:ir s, Chirlia:>toph E)r Ta y llo r, If olbE)irt Wallflblir, IDE)Siira E) Page 15 of 380 Appointments and Applicants for February 2, 2021 Art Advisory Board I Katz Alt 1 yr term to 3/22 Applicants: None Building Board of Adjustments and Appeals I Katz Alt 1 yr term to 3/22 (Tabled 1) II Hay Alt 1 yr term to 3/21 (Tabled 3) III Romelus Reg 2 yr term to 3/22 (Tabled 3) IV Penserga Reg 2 yr term to 3/22 (Tabled 3) Applicants: None Employee Pension Board I Katz Reg II Hay Reg Applicants: None 3 yr term to 12/23 3 yr term to 12/23 Firefighter Pension Board I Katz Reg 4 yr term to 12/24 II Hay Reg 4 yr term to 12/24 Applicants: Robert Taylor (Requesting Re -appointment) Desirae Walter (Requesting Re -appointment) Christopher Simmons Historic Resources Preservation Board I Katz Alt II Hay Reg Applicants: None 1 yr term to 3/21 (Tabled 3) 2 yr term to 3/22 Planning & Development Board Mayor Grant Reg 2 yr term to 3/22 Applicants: None C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4A45F1BB-122D-4B60-909E-C968F6CB05DC\Boynton Beach.24337.1.Appointments_for_02-02-21.docx Page 16 of 380 Stanzione, Tamm From: clsimmons2323 <noreply@123formbuilder.io> Sent: Wednesday, January 27, 2021 3:24 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Simmons_Resume.pdf Today's date 01/27/2021 Name Christopher Simmons Phone number 954-914-3431 Address 1320 Fairfax Circle E Boynton Beach FL 33436 United States Email clsimmons2323@yahoo.com Current occupation or, if retired, prior Business Owner occupation Education Ph. D. Are you a registered voter? Yes Do you reside within the Boynton Beach City Yes limits? Do you own/manage a business within City Yes limits? If "yes", name of CLS Consultants business: Are you currently serving on a City No board? Have you served on a City board in the past? No If "yes", which board(s) and when? Have you ever been convicted of a crime? No If "yes", when and where? Advisory Board Firefighters' Pension Trust Fund 1 Page 17 of 380 Personal Qualifications Business owner with Ph. D. from FAU and MBA from UF. I\'ve lived in Boynton Beach since 2009 including working at Boynton Beach High School for a few years. I have relationships within the community. 1\'m looking to give back and join some boards. Professional Memberships Feel free to rnbiL ildeir, goirnZ ,� 111 ..SjId 11 iaw iuwllleii l 09f4ii M " � aOcf:::ba3 � l attach/upload an extra Ilm�::.uu�°u „ sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.20.57.168 (United States) at 2021-01-27 15:24:15 on Chrome 87.0.4280.88 Entry ID: 426 Referrer: hljp5 / Form Host: http .,.:� a ui�ii�_yll3 2 �� foi'i'TiN,fflder.comaKZ14 Page 18 of 380 CHRISTOPHER L. SIMMONS clsimmons2323@gmail.com Cell: (954) 914-3431 EDUCATION Florida Atlantic University • Ph. D., Educational Leadership o Dissertation Title: Dropout Prevention: A Study of Prevention Programs used by High School Principals to Increase Graduation Rates 0 2012 FAU GSA Research Award Winner, College of Education • M.A., Educational Leadership University of Florida • MBA, Business Administration o Elected cohort representative by my classmates. Towson University • B.S., Mass Communications o Captain Men's Tennis EDUCATION CONSULTING CLS Consulting, LLC Managing Partner Clients Include: January 2007 to present Institutional Compliance Solutions provides a full range of legal and consulting services for elementary and secondary schools and institutions of higher education with a specialization in compliance. We partner with school districts and institutions to assist with campus -specific training and policy drafting and review, independent investigations, assistance with Office for Civil Rights and other federal investigations, and litigation. Gnosis IQ's Artificial Intelligence technology predicts the future performance of students, giving students, parents, teachers and admin the ability to intervene and help students that will struggle before it becomes a major problem. Gnosis IQ software syncs up with the schools learning management system and grade book data, and through Al converts it into data that has a number of very impactful uses. Waldo is a photo -finding phenom. Waldo is empowering consumers to toss their selfie sticks, put their phones back in their pockets and "Live the Moment". Utilizing face finding and jersey recognition, Waldo is a photo sharing service that provides organizations a secure way to share photos and raise money at completely no cost to the organization! The College Board National Faculty • Member of team developed and enhanced SpringBoard's interactive digital website. Winner of numerous CODie Awards. • Content specialist for California curriculum adoption. Presented and facilitated SpringBoard curriculum program to potential clients. Earning over $12M in future business for the organization. • Organized scheduling, managed facilitators and set up training to improve delivery process. • Evaluated text complexity of materials using qualitative and quantitative methods to ease teach ability. Floating Sales Manager • Generating budgeted revenue and managing expense control. • Building effective relationships with district decision -makers and thought leaders in targeted districts. • Managing and executing sales process from initial contact to close of sale on largest target districts. Page 19 of 380 Collaborate with the SpringBoard Coaches, Program Delivery Specialists and Professional Learning teams to develop and execute a sales plan in coordination with College Board's State and District Partnership team members. Maintain working knowledge of competing products and competitors. rXIMI"INXIM Acting Chief Sales Officer 0 Establish all necessary sales material to give sales team the tools they need to succeed. • Manage complex negotiations with large corporate partners and close large deals. • Train and develop staff to be effective in all stages of the sales funnel. • Mange the sales team via CRM and provide transparency to the executive team. • Accountable for driving overall sales performance worldwide. • Responsible for identification of sales initiatives and business development opportuniti • Utilize data to develop reports for leadership team. I The Ncherm Group (TNG) • Achieve quota through selling training, consulting and other firm products/services, primarily through remote contact (e.g. email, phone, videoconference): • Source new sales opportunities through inbound lead follow-up and outbound cold calls and emails. • Successfully move prospects and existing clients through the sales cycle, matching their needs with industry-leading educational, training and consulting services. • Transition from proposal and verbal agreement through to signed contract, with administrative support from Client Relations Associate. • Maintain contact with client through service being provide, monitor for client satisfaction. • Contribute client/market feedback to Sales and Marketing colleagues and team members from assigned business verticals (e.g. ATIXA, NaBITA). • Contribute to creation of the Sales team's annual, short- and long-term sales plans. • Identify marketing and advertising opportunities through strategic partnerships and co- sponsorship with both regional and national groups and associations. • Develop strategic relationships to secure sponsorship to assist with the publicity and funding of marketing projects. Goodheart-Willcox Publishing Company Florida Educational Manager • Maximized the sales of G -W products to existing and new accounts in an assigned territory to grow busiI'ess. • Increased revenue in Florida market during each of the sales cycles. • Contact, sell and service teachers and administrators at career and technical schools, secondary schools, and private training schools. • Achieved sales goals for territory by effectively communicating with customers, planning sales coverage, managing resources, selling and servicing accounts via phone, email and social media. • Built strong relationships with customers by continually providing G -W product information, news, servW; and support. • Researched school and college programs and faculty to maintain current customer database information. • Used SAGE, CRM software, to add new contacts, enter customer sales calls, sample requests, and other account activities. Regularly ran customer activity reports and customer sample follow-up reports. Enter aI, d track all sales opportunities. • Provide initial technical support for G -W digital products and services. Page 20 of 380 • Work with Editorial, Digital Media, Production, Marketing, and Sales departments to leverage products and develop new sales tools. EDUCATIONEXPERIENCE Educator August 2004- October 2016 Academic Dean, Orange County Public Schools • Planned and implemented graduation action plan, increased the graduation rate by over 18% points in two school years. Lead high school staff of over 100 teachers, guidance counselors, administration, and support staff in accomplishing graduation increase goals. • Oversaw academic decisions for roughly 2,000 students in grades 10, 11, and 12th grade. This included increasing the college ready status of students entering their senior year by nearly 23% points. Increased advance placement enrollment 100% over previous years. • Presented and lead professional development for students and staff. English Department Chair and Advance Placement Teacher, Palm Beach County School District • Oversaw and directed English department increasing school data each year. Including team achievement of 93% passing rate, of students passing FCAT Writing; achieving the highest pass rate at school and largest gain in school district from prior year. • Mentored new teachers to help facilitate a smooth transition to the classroom this includes lesson plans, observations, and increasing rigor in their classroom. • Planned and implemented dual enrollment course to enrich student learning on school campus requiring interaction and collaboration with local community college. • Planned and implemented SAT plan for junior and senior teachers and students, increasing school college ready scores by more than 30%. • Increased advance placement passing scores by over 500% from previous years. Magnet Coordinator, Broward Public Schools ■ Administered the magnet student program and led a team of 40 middle school and high school teachers to successfully implement the International Baccalaureate application process. The IB program is noted as being one of the most competitive and top magnet programs in education. ■ Direct supervisor for 24 Middle School teachers in the IB program. ■ Developed and implemented a student and staff survey to collect data for the Foundations team, which gained feedback from key stakeholders in a collaborative manner to improve school behavior and function. Developed a strategic plan from data to change policy and procedures. Certification: • Florida Teaching Certificate, 6-12, English • Florida Teaching Certificate, K-12, Educational Leadership • Florida Teaching Certificate, ESOL & Gifted Endorsed COMMUNITYSERVICE ■ Association of Mechanical Engineers Auxiliary- member of scholarship committee. ■ Parent Academy (Miami -Dade Public Schools) employed a mix -method study to determine statistical and practical significance between parental participation and student achievement outcomes. ■ Presented at The University of Florida's Writing Conference- Write Without Trying to Write Like a Writer: Why High School Students Struggle to Transition into College Writing Courses. ■ Selected to be a judge for the 2014 CODiE Awards, which recognizes excellence in the software and information industries. ■ Florida Atlantic Undergraduate Research Journal Reviewer—review undergraduate and graduate articles and advise on revisions for publication. ■ White House Press Office Internship Page 21 of 380 ■ Walt Disney World, College Program and Campus Representative Grant writing experience. • STOP School Violence Grant (US Department of Justice) • Principal Investigator, Institute of Education Sciences (US Department of Education) Grant-- High School Dropout Prevention Programs A Statewide Study of Programs Used to Increase the Graduation Rate. Principal investigator leading team in application process, communicating with potential state department of education personnel, developed budget of approximately 1 million dollars. Deadline- August 2014 Page 22 of 380 Stanzione, Tammy From: City Clerk Sent: Sunday, January 24, 2021 11:11 AM To: Stanzione, Tammy Cc: Cherry-Guberman, Catherine Subject: FW: Advisory Board Appointment application From: roberttaylorboynton <noreply@123formbuilder.io> Sent: Sunday, January 24, 20219:20 AM To: City Clerk <CityClerk@bbfl,us> Subject: Advisory Board Appointment application Today's date Name Phone number Address mm NOUN WP0 a reureu, priur Education 4 Via Lago Boynton Beach FL 33435 United States robertt Lrboynt�q@&maii.com Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? if "yes", name of business: Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? If "yes", which board(s) and Boynton Beach Firefighters Pension Board when? Have you ever been convicted No xf a crime? if "yes", when and where? Advisory Board Firefighters' Pension Trust Fund 0 Page 23 of 380 Personal Qualifications Please refer toprior applications. Professional Memberships Please refer to prior applications. Feel free to aUach/up|oadan extra sheet orresume. Certification |, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from aboard. The message has been sent from 89,1O,192.147(United States) at2821-OI-24U9:2O:17onChrome 87.D.428O.141 Entry ID: 424 Page 24 of 380 Stanzione, Tamm From: desiraemariewatler <noreply@123formbuilder.io> Sent: Wednesday, January 27, 2021 12:09 AM To: City Clerk Subject: Advisory Board Appointment application Today's date Name Phone number Address Email Current occupation or, if retired, prior occupation Education 01/27/2021 Desirae Watler 2890 SE 1st Ct Boynton Beach FL 33435-7635 United States desiraemariewatler@gmail.com Teacher Elementary Education Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: Are you currently serving on a Yes City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Personal Qualifications Professional Memberships Feel free to attach/upload an extra sheet or resume. Firefighters' Pension Trust Fund I have been serving on the board and have reviewed many documents. The training and research I have learned already has been valuable to making decisions on behalf of the Pension Board. 1 Page 25 of 380 Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.179.72.147 (United States) at 2021-01-27 00:08:41 on Chrome 87.0.4280.141 Entry ID: 425 Form Host: Ill ,ftt[,KiZZfou umri I 23fornflb„1sli8ur c,Omj5jj+” Page 26 of 380 5.B. Administrative 2/2/2021 Requested Action by Commission: Approve the request of Mayor Grant to distribute $200.00 of his Community Support Funds to POW -MIA -GREE Corp Explanation of Request: For military/veteran service event at the south Florida National Cemetery. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description ttach irTIENI'lt CoirnrTILAir:lity SL.agpport Il:::::LAinds IREs,gLaiE)St IPOW ...I II Page 27 of 380 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQ UES T FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 1-19-2021 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested $200.00 Recipient/Payee: POW -MIA -GREE Corp Description of project, program, or activity to be funded: MILITARY / VETERAN SERVICE AT THE SOUTH FLORIDA NATIONAL CEMETERY Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $2000.00. The balance of funds available for the requesting Member of the Commission is $400.00. Accordingly: X There are funds available as requested Ei There are insufficient funds available as requested . w' � _ 2 Dated: � S . By: _... P City Clerk Part III -Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire c iy r d by such donation 7 � sting Me Dated: By: Req g mber of the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2020-2021\Mayor Grant\Mayor Grant- POW MIA EERO Corp.docx Page 28 of 380 6.A. Consent Agenda 2/2/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 2/2/2021 Requested Action by Commission: Legal Expenses - December 2020 - Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received thru Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ffach irTIENI'rt ffach irTIENI'rt ffaclhhirTIE)11rt ffaclhhirTIE)11rt ffaclhhirTIE)11rt ffaclhhirTIE)11rt ffac,lhhirTIE)11rt Description (:.,)oirasr': Clh E)rofIDa1K E)rnlbE)ir 2020II nvolka21s (:.,)oirasr': Clh E)rof Risk Il.....lifliga bolaIDEsK E)rnlbE)r 2020 c,II::::addasr'rINa veirnlbE)r 2020 Ilir':VCalka21 f asadoin INovernlbE)r 2020 II nVOiC21 (3)asiraciIDasK E)rnlbE)r 2020 II ir:VOliCE) cII::::addasr'r IDa)CE)rnlbE)ir 2020 f asadoin IDa)CE)rnlbE)ir 2020 IIVOiCE) Page 29 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson LABOR - General ACCOUNT NO STATEMENT NO HOURS 12/01/2020 SHB Various correspondence re: vaccine matters; begin research re: mandatory vaccines. 0.60 12/02/2020 SHB Telephone conference with Spates and Leitner re: IA matters. 12/03/2020 JAC Research regarding possible implementation of mandatory vaccine program non -represented and represented employees; Review UHC/EHP document; 12/15/2020 SHB Attend webinar re: employee vaccination and return -to -work matters. 12/22/2020 SHB Receive, review, and analyze new legislation re: Federal Covid relief bill; begin drafting memo. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 1.50 $205.00 SHANA H. BRIDGEMAN 2.20 205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/06/2021 306-0603180 34313 0.30 1.50 0.40 0.90 3.70 758.50 TOTAL $307.50 451.00 758.50 $758.50 Page 30 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Red Light Cameras ACCOUNT NO STATEMENT NO 12/09/2020 MDC Review issues with request to resolve outstanding cases. SHB Follow up with Hollander and Pd re: pending trial matters. 12/17/2020 HN Discussion with SHB regarding review of NOls in her absence. Review of Section 90.803(6), Florida Statutes. SHB Receive pending NOls and upcoming trials. Discuss NOI preparation matters with staff. Discuss pending matters with MDC and HN. 12/21/2020 SHB Review and approve NOI SHB Review and approve NOls. 12/22/2020 PE Sort organized and prepared notices for 1/12/2020 hearing 12/23/2020 PE Sort organized and prepared 75 notices, sent pro se notices to the printer for mailing. SHB Review and approve NOls. 12/29/2020 PE E -filed notices for 1/12/2021 hearing. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 0.30 $205.00 HEATHER NEEDELMAN 0.10 205.00 SHANA H. BRIDGEMAN 1.90 205.00 PATRICIA EUGENE 9.60 125.00 Photocopies TOTAL EXPENSES THRU 12/31/2020 TOTAL CURRENT WORK BALANCE DUE HOURS 0.30 0.30 0.10 0.50 0.10 0.50 1.70 6.00 0.50 1.90 11.90 11111111C6>IIF_111 $61.50 20.50 389.50 1,200.00 Page: 1 01/06/2021 306-0806020 34314 7.70 7.70 1,679.20 $1,679.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 31 of 380 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 01/06/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 34315 Attn: Lynn Swanson General Matters L�� 12/01/2020 DS Reviewed City's Code of Ordinances re: code violations. Revised Statement of Claim and Affidavit. 0.70 SHB Telephone conference with Temple and Guim re: various pending matters: Cherry Hill, the Inn, triplex. Revise chronic nuisance agreement. 2.00 JAC Prepare for and attend city commission meeting; review and approve employment letters; follow up on Verizon contract dispute regarding controlling document language; revise communication media technology meeting extension options; 7 -Eleven site plan follow up; Review conversion therapy case ruling and request for participation in appellate challenge; review status of Jonathan Dwork probate issue; review mural re -posting issues and potential claim against city; discuss same with Tracey DeCarlo; review quorum based cancellation of board meeting communication drafted by Clerk; Review racial disparity email; review pleadings tort defense cases; review follow up regarding refund of Nichols/Pulte deposit 7.30 12/02/2020 DS Discussed Dwork violations. 0.20 JFK Correspondence & telephone call w/ Ed Breese; research of building permit fee exemptions for school district re: Citrus Cove Elementary project; draft response to school district. 1.20 JAC City commission meeting follow up with assistant CityAttorneys; Review abandonment proposal and update public policy basis research; Reevaluate foreclosure process; research regarding plan approval process and reliance on third -party surveyors for title opinions; update research on standing and property appraiser process for municipal involvement evaluation efforts 3.80 12/03/2020 SMS Review of correspondences related to Code Lien for Sea Wall and Conference call with LWDD on liening property in violation. 1.30 JAC Review status of forfeiture cases; review lien modification issue and community standards communications; Review tort defense litigation updates; review sidewalk slip and fall do not repair request and discuss with assistant CityAttorney; follow up regarding Verizon contract discussion with attorney David McCrae; Discuss MSTU issues with Mike Cirullo and Danielle Schwabe; review public records exemption issue candidate interviews 5.30 12/04/2020 DS Reviewed and revised Dwork Statement of Claim and Affidavit. 0.50 HN Edits to Sign Code ordinance based on discussions with Mike Rumpf and Adam Temple. Email to Mike and Adam with draft ordinance. Review of tax deed application for 104 NW 5th Ave and email to Tanya Guim as to status of code liens. Email to JAC as to drafting a memo. 1.60 Page 32 of 380 Page: 2 CITY OF BOYNTON BEACH 01/06/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 34315 General Matters 12/07/2020 12/08/2020 12/09/2020 JAC Follow up on landfill conference call emails; call regarding Boynton Beach utility matters with Mike and Danielle to implement extraterritorial special assessments; call with David McCrae regarding Verizon contract; Agenda item review; review weekly correspondence and pleadings of assistance to the attorneys concerning pending litigation; review research and discuss church exemption from ADA access regulations with John Kuntzman; follow up regarding Hester park title search;Review safe policing documents from chief Snow and respond regarding document for filing with FDLE HN Called and left message for Captain Zeller regarding the false alarm ordinance. Read email and responded to Sophia Stewart. Review and edits of draft ordinance related to false fire alarms. Phone conversation with Sophia Stewart. Review of Fort Lauderdale false alarm ordinance Chief Gregory discussed on conference call. Review of Chapter 489 of the florida Statutes, Palm Beach County Code of Ordinances re: false alarms, other municipal false alarm codes, Attorney General opinions and case law. Follow up email to SHB cc JAC with legal opinion before sending it to Captain Zeller. Email exchange with JAC and follow up email to Captain Zeller cc Sophia Stewart, JAC and SHB with legal analysis. CLD Drafted memo re: Application for Tax Deed - Vinmas Holdings. JAC Review and approve agenda items for commission meeting; review status of Verizon contract amendment; review pleadings/miscellaneous foreclosure cases DS Revised and finalized the statement of claim and temple affidavit. JFK Correspondence to Blair Littlejohn & Jim Cherof re: Citrus Cove matter. SMS Call and correspondences related to recording of Unity of Title JAC Agenda item review; review status of pending departmental request for COA review; review citrus Cove Elementary school he's been issue; discuss with City Manager; follow up on 653 Riviera Dr. issue/dock construction without permit; LDR code review regarding workforce housing; review stormwater ordinance/regulations/statute in conjunction with extraterritorial assessment option �� 5.30 3.40 0.40 5.40 0.70 0.20 0.30 6.50 HN Phone discussion with Captain Zeller regarding false alarms fees and penalties. Email to Captain Zeller other municipal codes that expressly provide for exemptions. Phone call discussion with Chief Gregory and review of letter from SSA regarding federal government being taxed. Review of case law and shepardized cases. Research of federal florida cases that echo the cases in the memo Chief Gregory sent HN on 12/9/20. Email to JAC informing of conversation with Chief Gregory and steps I am taking to response to the Chief's question. 3.00 DS Reviewed Dwork Notice, Statement of Claim, and Affidavit. Coordinated the filing of the Dwork Notice, Statement of Claim, and Affidavit. 0.40 MDC Telephone conference with JAC, DS on canal assessment matters. 0.20 JFK Correspondence to Blair Littlejohn @ School District. 0.30 JAC Agenda item review in preparation; telephone conference with MC and DS regarding water special assessment process and options; Review and communications with school board attorney regarding citrus cove elementary easements 5.50 12/10/2020 HN Discussion with Lynn Swanson about tax deed application memo. Draft of memo to Chief Gregory regarding his question related to fees and penalties. Further research as to whether there are exemptions for state and local governmental entities. Left voice message with Captain Zeller. 2.90 Page 33 of 380 Page: 3 CITY OF BOYNTON BEACH 01/06/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 34315 General Matters HOURS SHB Review agenda and attend Art Advisory Board meeting. 1.50 JAC Prepare for and attend arts board virtual meeting; miscellaneous follow up with Shana Bridgeman regarding compliance with public meeting requirements; agenda review continuation and wrapup for commission meeting; review recreation and parks instructor agreement; cOVID-19 vaccine related research/voluntary versus mandatory issues for employees; Review Verizon contract issues; 5.60 12/11/2020 HN Review of Captain Zeller's email response to my voice message last night re: penalties and fees. 0.20 JAC Review weekly pleadings/emails/documents generated by assistant city attorneys and miscellaneous follow up discussions; follow up regarding Verizon connect agreement with David McCrae; Discuss assessment issue with Mike Cirullo; 3.70 SHB Telephone conference with JAC and Matos re: Arts Commission matters. 0.30 12/14/2020 HN Review and edits of memo to Chief Gregory regarding fees and penalties. Research as to any exemptions for state and local governmental entities. Email to JAC cc SHB with draft memo. 2.50 DS Reviewed magic wheels sponsorship agreement and correspondence. 0.10 JAC Review city commission agenda; attend staff virtual meeting to discuss agenda; review digital bulletin contract renewal; review magic wheels special deal events document; review state and local declarations of emergency and extension of virtual meeting issues; National research regarding MSTU options and extra territorial assessments; review bid for diesel propane generator/related documents; review assistant City Attorney Assignments/communications/pleadings 5.40 12/15/2020 DS Discussed advisory board absences with Clerk. Discussed Magic Wheels sponsorship opportunity with City. 0.40 HN Edits to response to Chief Gregory regarding fees and penalties. Email exchange with JAC. Phone call discussion with JAC. Email exchanges with SSG, KLE, DJD and BJS regarding other municipal use of the term "fee", "fine" or "penalty." Called Chief Gregory. Email to Chief gregory to call me back to discuss. Phone conference with Chief Gregory. Follow up email to JAC. 1.80 SHB Review South Florida Task Force Mutual Aid Agreement and follow up with PD. 0.30 JAC Prepare for, attend, follow up on commission meeting issues; review false alarm code issues with Heather N; Review had related issues and documents regarding request to facilitate environmental review certification; 7.30 SMS Calls and correspondences with counsel for K HOV and calls with city staff to discuss COs for development and second access road 0.80 12/16/2020 HN Discussions with Captain Zeller and Lynn Swanson regarding false alarm fees and penalties. 0.30 DS Drafted e -verify language. Drafted email re: e -verify. 0.20 JAC City commission meeting follow up; review Hester Park status; draft request to attorney regarding inclusion in conversion therapy litigation; research regarding E -Verify legislation and process; review title work regarding Sara Sims Park pre -signing of plat document; review draft memo regarding special assessment; Research regarding implementation and mandatory requirements for COVID-19 vaccine for public safety employees and general employees 4.40 Page 34 of 380 Page: 4 CITY OF BOYNTON BEACH 01/06/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 34315 General Matters 12/17/2020 JAC Review status of landfield closure; on site review of pending documents for signature; draft canal maintenance agreements and correspondence regarding same; miscellaneous research regarding user fee/assessment 12/18/2020 DS Drafted sponsorship agreement. Drafted email re: sponsorship agreement. Discussed sponsorship agreement with City. JAC Research for and draft aquatic weed control property maintenance agreements; review assistant City Attorney pending case issues; review options and correspondence regarding conversion therapy litigation and amicus participation; review return of destruction of suspected controlled drugs issue; review reasonable accommodation pending issue and correspondence between Mike Rumpf and Michael Weiner; review Royal Manor states utility issue; follow up with Colin Groff regarding canal issue; Review Discount Sleep versus City of Ocala issue related to same 12/21/2020 RLL Review question from client regarding lien search on property marked confidential on property appraiser's site; research corresponding florida statute regarding property. DJD Address title search for Quantum parcels. SMS Review of County Trails PUD information for alteration of easement rights JAC Follow up regarding conversion therapy litigation and amicus brief/petition; review confidentiality of lien searches/public records; Review/research and correspond with staff regarding federal legislation and FFCRA benefits expiration; review regarding QPODD quit claim deed inquiry; 12/22/2020 DS Reviewed Section 199.071. Discussed lien search with Clerk. HN On site office hours. In person discussion with Tanya Guim and Vestiguerne Pierre regarding Laurore Motion for Summary Judgment. GB Telephone conference call with SHB regarding Risk Protection Order procedures. Legal research regarding RPOs under F.S. 790.401. JAC Follow up on quantum quit claim deed and title issues; search for and produce records regarding billboards per 119 request; review board member/Related issues regarding arts board; review pending staff requests and assignments with Lynn Swanson/civilian law-enforcement officials agreement and South Florida task force for mutual aid; review notice of nonpayment from hard drives;Review and sign artist agreements; review well path correspondence regarding reasonable accommodation 12/23/2020 GB Legal research regarding need for certified translation of court document such as stipulation pursuant to conversation with SHB for RPOs. Emails to SHB regarding legal research. Reviewed Petition for Risk Protection Order for Romario Charles, Officer RPO, Affidavit Notice of Confidentiality, Notice of Filing Respondent's Description Information. Reviewed Petition Packet. HN Follow up email to Mike Rumpf and Adam Temple regarding the sign code ordinance. JAC Review future agenda issues and outline assignments for preparation for City commission meetings; provide documents to Lynn Swanson in response to 119 request; 12/28/2020 HN Review of email from Adam Temple regarding the sign ordinance and response email to Adam. �� 5.50 1.70 5.40 0.40 0.40 2.30 5.20 1.30 2.20 0.50 5.50 0.70 0.10 3.00 0.10 Page 35 of 380 Page: 5 CITY OF BOYNTON BEACH 01/06/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 34315 General Matters JAC Review staff submitted agenda items and contracts for commission meeting approval; miscellaneous calls regarding same; review and discuss purchasing policies; discuss scouts bench transfer; Review fleet acquisition issues; review and reply to city clerk regarding use of seal for commerce issue �� 5.20 12/29/2020 JAC Continue review of staff submitted agenda items for commission meeting; miscellaneous research and phone calls regarding same; follow up with Commissioners regarding canal maintenance and aquatics vegetation removal and treatment; preliminary review of town of Ocean Ridge water system records; discuss search criteria with LS; 5.30 GB Emails with City regarding agreement transferring ownership of Bench from Boy Scouts to City. Drafted agreement transferring ownership. Legal research regarding workmanship warranty and reasonable time for indemnity and hold harmless clauses. 2.90 12/30/2020 SMS Review/revise partial release with Knuckles, LLC 1.20 RLL Obtain cost estimate and order title search updates on two properties for NE 9th Street ROW dedication. 0.40 JAC Finalize review of agenda items for city commission meeting; call with Colin Groff regarding pending matters concerning assessments and projects; review assistance City Attorney assignments and audit correspondence and pleadings regarding same; update research on federal and county COVID-19 executive orders and related enforcement issues; research mandatory/Permissive COVID-19 vaccine options for city employees and public safety workers; review Eagle Scout draft agreement; review correspondence regarding release of easement; 5.50 GB Emails with JAC regarding agreement transferring ownership if bench from boy scouts to City. Email with City regarding agreement. 0.30 12/31/2020 DS Reviewed and analyzed Delta Agreement. Drafted Delta Addendum. JAC Review water service agreement issue; notate agenda; review assistance CityAttorney correspondence/pleadings; review Ocean Ridge water service infrastructure ownership issues and supporting documents FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1.70 2.00 152.00 18,385.92 18,385.92 $18,385.92 Page 36 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO Litigation Miscellaneous HOURS 12/01/2020 BJS Review and follow up re: JeanBaptist, follow up re: Evidence Destruction 0.30 12/02/2020 TAD Receipt and review of correspondence re: claims meeting. Receipt of order re: rehearing in Katz matter. Receipt of correspondence re: subpoena response. Review notice and certification and prepare correspondence to City re: same. Receipt of correspondence re: additional subpoena to City and questions from HR re: response. Review subpoena. Prepare correspondence to City re: questions on same. Receipt of correspondence from vendor re: contract revisions. Receipt of correspondence from City re: same. Prepare correspondence to vendor re: revisions to contract documents with revisions. Receipt of correspondence from City re: status of claim and prepare response to same. 2.60 BJS Review and follow up re: Motion to Return Property/Ericson Rene 0.30 12/03/2020 TAD Receipt and review of correspondence re: subpoena response. Receipt of Page: 1 01/06/2021 306-9904950 34316 12/10/2020 TAD Receipt and review of correspondence re: issues with instructor agreement. Review agreement. Prepare correspondence to City re: same. 0.80 BJS Follow up re: Agreed Order/Rene 0.30 Page 37 of 380 correspondence re: status of claim and prepare response to same. Receipt of release and correspondence from counsel re: revisions to same. Prepare correspondence to the City re: release and settlement information. Prepare correspondence to counsel for Geico re: same. Receipt of correspondence re: request for preservation of evidence and prepare response to same. Receipt of correspondence from City and claim information re: request for opinion. 1.10 BJS Telephone call with Joe San Antonio re: Return of Evidence and follow up with Chief Snow 1.00 12/04/2020 TAD Receipt and review of correspondence from City re: additional information on claim. Prepare correspondence to City re: same. Receipt of additional questions from the City re: incident and prepare response to same. Receipt of correspondence re: subpoena response. Review information and prepare correspondence re: same. 1.30 BJS Telephone call with Joe San Antonio re: Return of Evidence and follow up 0.70 12/07/2020 TAD Review case law re: spoliation issues. Outline same re: opinion to City on claims. 2.80 BJS Telephone call with Joe St. Antonio and follow up re: Return of Property 0.50 12/08/2020 BJS Follow up re: Drug Destruction and Return of Property 0.30 Page: 1 01/06/2021 306-9904950 34316 12/10/2020 TAD Receipt and review of correspondence re: issues with instructor agreement. Review agreement. Prepare correspondence to City re: same. 0.80 BJS Follow up re: Agreed Order/Rene 0.30 Page 37 of 380 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Litigation Miscellaneous 12/11/2020 TAD Receipt and review of correspondence re: status of agreement. Revise agreement and prepare correspondence to City and correspondence to vendor re: same. GB Telephone conference call with attorney Robert Shalhoub regarding subpoena issued to the City. Emails with City regarding subpoena. BJS Follow up re: Return of Property, telephone call with JAC 12/14/2020 TAD Receipt and review of correspondence re: contract issues. Receipt of correspondence re: claim information and review same. 12/16/2020 BJS Review Motion to Return Property and follow up re: warrant, telephone call with Chief Snow, follow up with Joe San Antonio TAD Receipt and review of correspondence re: agreement. Prepare response to same. 12/17/2020 TAD Receipt and review of correspondence re: agreement from City. 12/18/2020 BJS Follow up and return of property matters, Review Return of Service re: Drug Destruction 12/21/2020 GB Telephone conference call with LAW OFFICES OF ROBERT M.W. SHALHOUB, P.A. regarding subpoena served on the City. Telephone conference calls with City regarding subpoena. Email with Law offices of Robert Shalhoub regarding documents. 0.40 0.30 0.60 0.20 1.00 0.20 0.10 molYt 0.70 12/22/2020 BJS Review correspondence and follow up re: Return of Property/Trumaine King , Follow up re: Diego Ulysse/Return of Phones 1.00 SHB Discuss pending RPO matters with GB. 0.80 FOR CURRENT SERVICES RENDERED 17.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.00 $205.00 $205.00 SHANA H. BRIDGEMAN 0.80 205.00 164.00 BRIAN J. SHERMAN 6.60 205.00 1,353.00 TRACEY A. DECARLO 9.50 205.00 1,947.50 TOTAL CURRENT WORK BALANCE DUE Page: 2 01/06/2021 306-9904950 34316 J,VVJ.JV 3,669.50 $3,669.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 38 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Acquisition of Royal Manor Mobile Home Estates portable water and sewer system utilities ACCOUNT NO STATEMENT NO 12/21/2020 MDC Review emails and inquiries on open water accounts. 12/28/2020 MDC Follow up with City; review materials. 12/29/2020 MDC Review materials, inquiry on outstanding water utility balances. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 1.00 $205.00 Photocopies TOTAL EXPENSES THRU 12/31/2020 TOTAL CURRENT WORK BALANCE DUE HOURS 0.30 0.20 0.50 1.00 TOTAL Page: 1 01/06/2021 306-9905154 34317 205.00 3.50 3.50 208.50 $208.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 39 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Town Square Development ACCOUNT NO STATEMENT NO 12/02/2020 RLL Attend telephone conference call with JAC, city manager and assistant city manager to discuss permit for south garage and completion progress for police station and city hal. 12/09/2020 RLL Attend weekly telephone conference call with DJD, JAC and client; review notices of completion provided by Colin on police station and city hall/library DJD Participate in conference call. JAC Project status telephone conference with City Manager Colin Groff; Review certificate of completion issues 12/10/2020 RLL Review legal descriptions contained in notices of completion for library/city hall and for police station and compare against surveys of the property; research parcel control numbers on notices of completion for accuracy; telephone call with Colin Groff to discuss issues with notices of completion. 12/11/2020 RLL Review letter of interest from Eastwind Development regarding purchase of central parcel. DJD Review correspondence. JAC Review and discuss development offer letter to Mayor with City Manager; draft response/recommendation regarding timing of communications; review status of agenda related releases and approvals 12/14/2020 RLL Work with Colin Groff to finalize notices of completion for police station and city hall/library. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 1.70 $205.00 D.J. DOODY 0.80 205.00 RACHEL L LEACH 3.80 125.00 Photocopies TOTAL EXPENSES THRU 12/31/2020 Page: 1 01/06/2021 306-9905263 34318 HOURS 0.50 0.70 0.40 0.60 1.00 0.30 0.40 1.10 1.30 6.30 987.50 TOTAL $348.50 164.00 475.00 14.70 14.70 Page 40 of 380 CITY OF BOYNTON BEACH Town Square Development Page: 2 01/06/2021 ACCOUNT NO: 306-9905263 STATEMENT NO: 34318 12/04/2020 Simplifile - Recording 407.60 407.60 TOTAL ADVANCES THRU 12/31/2020 407.60 TOTAL CURRENT WORK 1,409.80 BALANCE DUE $1,409.80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 41 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. AI-Hattab, Andrew (Appeal - RLC Magistrate) 12/02/2020 SHB Respond to Hattab re request to supplement record. 12/03/2020 SHB Receive and review motion to supplement record. Review lower court appellate record re: audio of proceedings. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/06/2021 306-9905424 34319 HOURS 0.10 0.30 0.40 82.00 TOTAL $82.00 82.00 $82.00 Page 42 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Ditech Financial LLC (Elgohary) ACCOUNT NO STATEMENT NO 12/03/2020 SHB Receive and review suggestion of bankruptcy and follow up with Code re: pending cases. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/06/2021 306-9905427 34320 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 43 of 380 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 01/06/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905432 Boynton Beach FL 33435 STATEMENT NO: 34321 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) HOURS 12/04/2020 CLD Additional phone call and email to opposing counsel; drafted and e -filed notice to cancel 12/10 hearing; uploaded to CMS along with proposed order and correspondence to Judge Nutt. 0.60 12/08/2020 HN Review of notice of cancellation and letter to the court regarding agreed order to strike defendant's affirmative defenses. 0.30 CLD Finalized and e -filed Notice of Cancellation of Hearing as to City's M/Strike Affirmative Defenses; phone call with judicial assistant; finalized language for proposed Agreed Order and cover letter to Judge Nutt; uploaded to OLS; drafted email to Atty Rose to coordinate hearing on City's Motion for Judicial Default; drafted Notice of Hearing re: same. 1.30 12/16/2020 HN Preparation for hearing on City's Motion for Judicial Default against tenant Teresa Smith. Review of Florida Rules of Civil Procedures regarding Summary Judgment. 0.40 12/17/2020 HN Preparation and attendance of the Judge's motion calendar hearing on City's Motion for Judicial Default against Tenant Teresa Smith. 1.20 12/18/2020 HN Started drafting Motion for Summary Judgment and Default Final Judgment. Review of documents needed as exhibits to Motion. 1.90 12/21/2020 HN Review and edits of draft motion for summary judgment and default final judgment. Review of documents related to defaults and code liens. 1.30 12/28/2020 HN Email to JAC regarding drafting motion for summary judgment and default final judgment. Discussion with Vestiguerne Pierre about the affidavit that will be an exhibit to the motion. 0.30 CLD Revisions made/information inserted into City's Motion for Summary Judgement; identified and marked exhibits to be filed with Motion for Summary Judgment. 1.50 12/29/2020 HN Review and edits of draft Motion for Summary Judgment and Default Final Judgment. Email to Lynn has to amount owed on the utilities lien and for the person who will be attesting to the affidavit as to the amount owed. Drafted Vestiguerne Pierre's affidavit as to the code liens. Drafted Erin Dunn's affidavit as to the utility lien. 1.60 JAC Post case review and closure notes for discussion with assistant City Attorney's; review attorney fees issue 0.80 FOR CURRENT SERVICES RENDERED 11.20 2,024.00 Page 44 of 380 Page: 2 CITY OF BOYNTON BEACH 01/06/2021 ACCOUNT NO: 306-9905432 STATEMENT NO: 34321 Laurore, Iva and Renan (Code/Foreclosure) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 HEATHER NEEDELMAN 7.00 205.00 1,435.00 CYNTHIA L. DUNN 3.40 125.00 425.00 TOTAL CURRENT WORK 2,024.00 BALANCE DUE $2,024.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 45 of 380 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 01/06/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905433 Boynton Beach FL 33435 STATEMENT NO: 34322 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) HOURS 12/04/2020 CLD Drafted City's response to Wing Ho's Motion to Dismiss. 0.50 12/08/2020 CLD Phone call to judicial assistant as to Karen Ho's incarceration; phone call to Florida DOC and follow up with email to assist in Karen Ho's appearance at 12/16/20 hearing. 0.60 HN Review of emails related to communications with the Florida Department of Corrections scheduling a hearing for Karen Ho to be present. Coordination as to supporting documents that will be used at the hearing next week on Karen Ho's Motion to Dismiss. 0.40 CLD Phone call and email to and from Florida DOC re: Karen Ho's appearance at 12/16/20 telephonic hearing. 0.60 12/09/2020 CLD Gathered and indexed documents for sending to Judge prior to 12/16 hearing; drafted letter to Judge; instructions to MM. 0.80 HN Review of index and documents that will be sent to Judge in preparation for hearing on Karen Ho's Motion to Dismiss. 0.50 CLD Transmittal email to Hos of materials for 12/16/20 hearing; instructions to CA for mailing of same. 0.30 12/10/2020 HN Edits to City's response to Wing Ho's Motion to Dismiss. Preparation for hearing on Karen Ho's Motion to Dismiss. 1.20 12/11/2020 CLD Assembled exhibits, finalized and e -filed City's Reply Memorandum to Wing Ho's MTD; effectuated e -service on the defendants. 0.60 HN Coordination and discussion of where to mail pleadings to Karen Ho even though she has not filed a change of address with the state court. 0.30 12/14/2020 HN Preparation and review of documents filed with court in preparation for hearing on Karen Ho's Motion to Dismiss. 0.80 12/15/2020 HN Phone call with Tanya Guim as to service of Notice of violation and notice of hearing for code cases. Reviewed pleadings related to Karen Ho's motion to dismiss in preparation for hearing tomorrow morning. 0.50 12/16/2020 HN Preparation and attendance of hearing on Karen Ho's Motion to Dismiss. Review of draft order. 1.80 CLD Drafted Order denying defendant's Motion to Dismiss; uploaded to OLS. 0.70 12/17/2020 HN Review and approval of draft order denying Karen Ho's motion to dismiss. 0.10 JAC Review case status and pleadings 0.30 Page 46 of 380 Page: 2 CITY OF BOYNTON BEACH 01/06/2021 ACCOUNT NO: 306-9905433 STATEMENT NO: 34322 v. Ho, Benjamin and Karen (Code/Foreclosure) 12/18/2020 HN Review of Judge's rejection of order. Email follow up as Judge has all the documents needed to issue order. 0.20 CLD Review of Judge Hafele's calendar for setting Mr. Ho's Motion to Dismiss; email to Hos to coordinate dates. 0.40 12/21/2020 TAD Receipt and review of information re: hearing. Confer with HN re: same. 0.10 HN Review and approval of Notice of Hearing on Wing's Motion to Dismiss. 0.10 CLD Follow up email to the Hos re: coordinating hearing on Mr. Ho's Motion to Dismiss; second email to the Hos advising of new date for hearing; drafted and e -filed Notice of Hearing; service of court document transmittal to the Hos. 1.00 12/28/2020 HN Follow up on Judge's order denying Karen Ho's Motion to dismiss. 0.10 JAC Review order of dismissal; discuss with HN; forward to Commission; evaluate case outcome and attorney fees and costs recovery options 1.20 FOR CURRENT SERVICES RENDERED 13.10 2,245.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.50 $205.00 $307.50 HEATHER NEEDELMAN 6.00 205.00 1,230.00 CYNTHIA L. DUNN 5.50 125.00 687.50 TRACEY A. DECARLO 0.10 205.00 20.50 Photocopies 132.65 TOTAL EXPENSES THRU 12/31/2020 132.65 12/09/2020 Federal Express - Invoice 7-213-34228 17.60 17.60 TOTAL ADVANCES THRU 12/31/2020 17.60 TOTAL CURRENT WORK 2,395.75 BALANCE DUE $2,395.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 47 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Go, Jeanne and Ka Hock (Code/Foreclosure) ACCOUNT NO STATEMENT NO HOURS 12/01/2020 KLE Prepare Notice of Appearance for Ka Hock Go, review deadlines, follow up re: registration for Court Solutions 0.40 12/07/2020 KLE Review IRS Proof of Claim re: Ka Hock Go 12/17/2020 KLE Review docket, emails to and from Chapter 13 Trustee 12/21/2020 KLE Review Claim filed by Citimae, Inc. 12/23/2020 KLE Review continuation of meeting of creditors. 12/28/2020 KLE Review Citimae's Objection of Confirmation FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE KERRY L. EZROL 1.60 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/06/2021 306-9905435 34323 0.20 0.30 0.20 0.20 0.30 1.60 328.00 TOTAL $328.00 328.00 $328.00 Page 48 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO adv. Priority Towing HOURS 12/01/2020 GB Drafted responses to Plaintiff's Request for Production. Reviewed emails and documents provided by City for responses to Plaintiffs Request for Production. Telephone conference call with TAD regarding discovery responses. 2.80 TAD Confer with GB re: discovery issues. 0.30 12/02/2020 GB Emails Plaintiff's counsel regarding discovery. 0.30 12/03/2020 GB Telephone conference call with opposing counsel regarding Priority Towing's First Request for Production to the City. Email to opposing counsel memorializing the conversation. Email to City regarding demandstar. 1.00 12/04/2020 GB Drafted responses to Plaintiffs first request for production and first set of interrogatories. 2.60 12/10/2020 GB Drafted responses to interrogatories and request for production. 3.00 TAD Receipt and review of correspondence re: discovery. Review discovery responses and records. 1.10 12/11/2020 TAD Receipt and review of interrogatory responses and responses to request for production. Confer with GB re: issues with same. 1.10 12/14/2020 GB Email to City regarding interrogatories. 0.10 12/16/2020 GB Emails with City regarding interrogatories. 0.20 12/17/2020 GB Emails with City regarding interrogatories. Finalized Cities responses to interrogatories and request for production and documents to be produced. Drafted notice of serving interrogatories and had all discovery documents filed and served. 1.10 IR Receipt and review of court filings by the City of Boynton Beach this date, of its Answers to the Plaintiff's Interrogatories, propounded upon the City, with the Complaint; receipt and review of the City of Boynton Beach's Responses to the Plaintiffs Request for Production, propounded upon the City, with the Complaint; scanned through the responsive documents and answers, noting the names of potential City witnesses; 1.40 12/18/2020 IR Prepared updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, from information gleaned through the City's various documentary responses to the Plaintiff's Request for Page: 1 01/06/2021 306-9905456 34324 Page 49 of 380 CITY OF BOYNTON BEACH adv. Priority Towing Page: 2 01/06/2021 ACCOUNT NO: 306-9905456 STATEMENT NO: 34324 Production, as well as the City's Answers to Interrogatories, for use at upcoming discovery and anticipated trial in the Palm Beach Circuit Courts; FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 11.10 $205.00 INGRID RIERA 2.70 125.00 TRACEY A. DECARLO 2.50 205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 1.30 16.30 TOTAL $2,275.50 337.50 512.50 3,125.50 $3,125.50 Page 50 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Landfill Closure 12/18/2020 JAC Review follow up email from Tim Perry. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.20 0.20 RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $205.00 $41.00 Page: 1 01/06/2021 306-9905475 34325 41.00 41.00 $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 51 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Purchase of Half Moon Bay's Lift Station 12/02/2020 SMS Finalization of Closing Docs ACCOUNT NO STATEMENT NO 12/10/2020 SMS Call with Association counsel office and staff related to needed original docs for recording FOR CURRENT SERVICES RENDERED TIMEKEEPER SEAN M. SWARTZ TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/06/2021 306-9905477 34326 HOURS 0.40 0.40 0.80 164.00 TOTAL $164.00 164.00 $164.00 Page 52 of 380 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 01/06/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905495 Boynton Beach FL 33435 STATEMENT NO: 34327 Attn: Lynn Swanson Bamboo/Palmer Special Assessment HOURS 12/03/2020 MDC Review materials, ordinances; attend conference call with City utility staff; review miscellaneous pending issues with utility expansion. 1.00 JAC Follow up research regarding assessment implementation standards and model for other city projects 0.80 12/04/2020 DS Reviewed research findings related to ability to assess properties out side of City for utility services. Discussed special assents and MSTU with M.D.C. and J.A.C. 0.70 MDC Review items; prepare for and attend conference call with JAC and DS on pending assessment inquiries/MSTU. 0.60 12/07/2020 DS Reviewed correspondence re: MSTU program and Developer agreement. Researched MSTU program. Researched and analyzed ch. 180 florida statutes. Discussed special assessments with M.D.C. 1.80 MDC Review research with DS; conference with DS on assessment issues, MSTU, and water service. 0.70 12/08/2020 DS Reviewed and analyzed Florida Statutes, attorney general opinions, and secondary sources re: special assessment outside corporate limits. Discussed sandcastle neighborhood with City. 3.40 12/09/2020 DS Discussed Ch. 170 and special assessments outside corporate limits with M.D.C. and J.AC. Drafted email to County re: MSTU program. 1.30 MDC Phone conference with JAC/DS on MSTU, assessments. 0.30 12/10/2020 DS Reviewed and analyzed ch. 180 and ch. 170. Reviewed and analyzed 197.363 and researched MSTU projects. 1.80 MDC Telephone call with DS and JAC on status of review, review cases on obligations to provide water services outside city boundaries. 0.90 12/11/2020 DS Reviewed and analyzed CCA v. City of Pembroke Pines. Reviewed and analyzed ch. 197 and s. 125.01. Participated in call with County re: MSTU. Reviewed water and sewer ordinance examples. Discussed County MSTU program with J.A.C. Drafted memo re: County MSTU program. 1.70 MDC Telephone call with Palm Beach County Attorney's Office on MSTU matters, review status of research on special assessments. 0.70 12/14/2020 DS Reviewed and revised memo re: special assessments. 2.50 12/21/2020 DS Drafted email re: County MSTU program. 0.10 Page 53 of 380 CITY OF BOYNTON BEACH ACCOUNT NO: STATEMENT NO: Bamboo/Palmer Special Assessment HOURS 12/28/2020 DS Drafted email re: coordinating a call with BB Utility Dept. 0.20 MDC Review and revise Memo to City; miscellaneous research on assessment. 0.70 JAC CAO group discussion regarding various options for cost recovery and collection; Review staff questions regarding same; miscellaneous legal research regarding same 1.30 12/29/2020 DS Revised memo re: utility special assessments. Reviewed City questions re: the levy and assessment of utility special assessment. Researched annexation. Discussed payment status with City. 3.20 12/30/2020 DS Revised memo re: special assessment. Discussed status of properties with City. Drafted email re: special assessment memo. Finalized memo and coordinated distribution. 2.80 12/31/2020 DS Reviewed and analyzed s. 381.00655 and related attorney general opinions and court decisions. Reviewed and analyzed City Code of Ordinances re: Utility charges. Researched case law related to payment of construction costs for expansion of water utility facilities. 1.50 FOR CURRENT SERVICES RENDERED 28.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.10 $205.00 $430.50 MICHAEL D. CIRULLO 4.90 205.00 1,004.50 DANIELLE SCHWABE 21.00 205.00 4,305.00 TOTAL CURRENT WORK BALANCE DUE Page: 2 01/06/2021 306-9905495 34327 0, /4U.UU 5,740.00 $5,740.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 54 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Sharon R. Bock III - 1 - Tarpon IV, LLC 12/01/2020 12/02/2020 SHB Various correspondence with all counsel of record re: mediation and settlement matters. Discuss settlement with Temple. ACCOUNT NO STATEMENT NO SHB Receive and review proposed settlement order; follow up with Plaintiffs counsel re: revision to order. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.90 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/06/2021 306-9905500 34328 HOURS 0.60 0.30 0.90 184.50 TOTAL $184.50 184.50 $184.50 Page 55 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Lionesz Investments, LLC. (Tarpon IV, LLC) ACCOUNT NO STATEMENT NO 12/01/2020 SHB Discuss settlement proposal and case matters with Temple and follow up with opposing counsel re: status of lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/06/2021 306-9905503 34329 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 56 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Sharon R. Bock III - 3 - Tarpon IV, LLC 12/14/2020 12/15/2020 SHB Follow up with City Manager re: settlement; prepare and file notice of mediation authority. ACCOUNT NO STATEMENT NO SHB Various correspondence with counsel of record re: hearing on motion for summary judgment. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/06/2021 306-9905506 34330 HOURS 0.60 0.20 0.80 164.00 TOTAL $164.00 164.00 $164.00 Page 57 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Drainage Easement Agreement with Boynton Beach Distribution Center Master Association Inc. 12/07/2020 SMS Correspondences with Association's counsel related to executed Easement and W-9 FOR CURRENT SERVICES RENDERED TIMEKEEPER SEAN M. SWARTZ TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/06/2021 306-9905509 34331 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 58 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Sterling Village Condominium (Duperault, Don) 12/31/2020 SHB Receive and review notice of appearance and update service list. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.10 0.10 RECAPITULATION HOURS HOURLY RATE TOTAL 0.10 $205.00 $20.50 Page: 1 01/06/2021 306-9905512 34332 20.50 20.50 $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 59 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Clemons, Latosha (EEOC Charge) ACCOUNT NO STATEMENT NO HOURS 12/02/2020 GB Telephone conference call with City and TAD regarding strategy. Follow up phone call with TAD summarizing what needs to be done moving forward. 0.40 12/07/2020 SHB Review and revise EEOC response and follow up with Oldbury. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $205.00 0.70 205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/06/2021 306-9905524 34333 0.70 1.10 225.50 TOTAL $82.00 143.50 225.50 $225.50 Page 60 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. JKM BTS CAPITAL, LLC (Declaratory Action) 12/31/2020 JAC Preliminary review and research regarding answer and affirmative defenses; forward A&AD to LL and CG; call with CG regarding same FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 1.50 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/06/2021 306-9905525 34334 HOURS 1.50 1.50 307.50 TOTAL $307.50 307.50 $307.50 Page 61 of 380 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 01/06/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905528 Boynton Beach FL 33435 STATEMENT NO: 34335 Attn: Lynn Swanson Sara Sims Park Plat - examination of title to approve Plat HOURS 12/04/2020 RLL Question from title examiner regarding prior title work on property. 0.20 12/16/2020 RLL Review title search report on property and forward to client. 0.40 FOR CURRENT SERVICES RENDERED 0.60 75.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RACHEL L LEACH 0.60 $125.00 $75.00 Photocopies 1.75 TOTAL EXPENSES THRU 12/31/2020 1.75 12/16/2020 Chicago Title Insurance Company - Invoice 9008131 350.00 350.00 TOTAL ADVANCES THRU 12/31/2020 350.00 TOTAL CURRENT WORK 426.75 BALANCE DUE $426.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 62 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO v. Harris, Matthew RPO HOURS 12/01/2020 SHB Receive and review police reports and other RPO documents. Prepare petition, review affidavit, prepare order, finalize and file Petition. 4.00 12/02/2020 SHB Prepare stipulation and agreed order. Receive and review order granting Temporary RPO. Transmit to Gorfido for service. 1.50 12/04/2020 SHB Follow up with Gorfido re: supplemental police report. Prepare and file proof of service and joint stipulation. Transmit agreed order to JA and follow up re: cancellation of trial. 1.00 FOR CURRENT SERVICES RENDERED 6.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 6.50 $205.00 $1,332.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/06/2021 306-9905530 34336 1,332.50 $1,332.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 63 of 380 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 01/06/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905532 Boynton Beach FL 33435 STATEMENT NO: 34337 Attn: Lynn Swanson Title search Ezell Hester Jr. Community Park HOURS 12/15/2020 RLL Review title search on property. 0.70 FOR CURRENT SERVICES RENDERED 0.70 87.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RACHEL L LEACH 0.70 $125.00 $87.50 Photocopies 1.40 TOTAL EXPENSES THRU 12/31/2020 1.40 12/15/2020 Chicago Title Insurance Company - Invoice 9041567 350.00 350.00 TOTAL ADVANCES THRU 12/31/2020 350.00 TOTAL CURRENT WORK 438.90 BALANCE DUE $438.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 64 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson v. Norton, Amy Sue (RPO) HOURS 12/15/2020 SHB Receive and review initial RPO documents; open new file. Prep draft Affidavit and Petition and send to Gorfido for completion. 1.00 12/16/2020 SHB Receive, review, and finalize Petition for RPO. Prepare and file Respondent Description Information and Notice of Confidentiality. Prepare temporary order, joint stipulation and agreed order. 3.00 12/17/2020 SHB Receive and review clerk -stamped RPO and transmit to Gorfido for service. Prepare and file Notice of Filing Proof of Service and Notice of Filing Joint Stipulation. 0.70 FOR CURRENT SERVICES RENDERED 4.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 4.70 $205.00 $963.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/06/2021 306-9905533 34338 963.50 $963.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 65 of 380 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 01/06/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905534 Boynton Beach FL 33435 STATEMENT NO: 34339 Attn: Lynn Swanson adv. Boynton Leisureville Community (Schmidt, Arthur) HOURS 12/17/2020 SHB Receive and review summons and complaint. Receive and review correspondence from staff re: status of lien. 0.40 12/24/2020 SHB Prepare and file Answer to Complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.80 164.00 TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 0.80 $205.00 $164.00 164.00 $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 66 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Charles, Romario (RPO) ACCOUNT NO STATEMENT NO HOURS 12/23/2020 SHB Assemble petition, affidavit, orders, and relevant pleadings. Finalize and file Petition. Prepare stipulation, orders, respondent description information. Telephone conference with Judge Johnson re: compliance hearing. Receive and review Temporary Risk Protection Order. Follow up with Clerk of Court re: clerk -stamped document. 4.00 12/24/2020 MDC Review petition, Order, telephone call with SB Re: Compliance Hearing. SHB Various correspondence and discussion re: stipulation, trial, and RPO matters. Contact court re: compliance hearing and other pending matters. 12/28/2020 MDC Review petition, review order and materials to prepare for hearing; attend compliance hearing. 12/29/2020 MDC Miscellaneous telephone call with Detective Gorfido; review statutes on 2.00 service requirements, TRPOs; update SB and GB. 12/30/2020 MDC Review updated police report, email with Detective Gorfido. 12/31/2020 MDC Review materials, prepare for compliance hearing; call in for hearing, 0.20 telephone call with Detective Gorfido. SHB Prepare and file Notice of Filing Proof of Service. 0.30 FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 4.10 $205.00 6.30 205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/06/2021 306-9905536 34340 0.50 2.00 0.80 1.00 0.20 1.60 0.30 10.40 2,132.00 TOTAL $840.50 1,291.50 2,132.00 $2,132.00 Page 67 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO Claim #001470000245GB 12/14/2020 TAD Receipt and review of correspondence and article from outside counsel re: appeal. 12/21/2020 TAD Receipt and review of correspondence re: appeal hearing. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/05/2021 306-9905029 34214 HOURS 0.20 0.10 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 68 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim #00 1 470000367AB HOURS 12/02/2020 TAD Receipt and review of order on motion to add insurer. Prepare correspondence re: same. 0.30 12/03/2020 TAD Receipt and review of correspondence from adjuster re: order. 0.10 IR Receipt and review of Judge Nutt's Order Denying Plaintiffs Motion to Add Insurer to Final Judgment; receipt and review of email prepared by TAD to the City of Boynton Beach and TriStar; prepared tickler regarding the order language that the Court will later determine if Plaintiff should bring properly file a separate action against insurer, or by joinder with this litigation, for ten days; 0.30 12/14/2020 IR Reviewed tickler to ascertain if Judge James Nutt entered a subsequent Court Order'Order Denying Motion to Add Insurer to Final Judgment,' entered on December 1, 2020, if Plaintiffs is allowed to file Joint Against the Insured, or if the Plaintiffs should file a separate litigation; online court docket check regarding same and preparation of tickler for December 21, 2020; 0.60 FOR CURRENT SERVICES RENDERED 1.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.90 $125.00 $112.50 TRACEY A. DECARLO 0.40 205.00 82.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/05/2021 306-9905098 34215 194.50 194.50 $194.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 69 of 380 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 01/05/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905171 Boynton Beach FL 33435 STATEMENT NO: 34216 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470000400P1 12/01/2020 GB Emails with opposing counsel regarding mediator. Drafted Motion to Compel Plaintiffs' to File Witness and Exhibit List. Emailed Motion to Compel to TAD for review and approval. 0.50 IR Continuation of summarizing personnel records of City of Boynton Beach employees' files; research of links through The Florida Bar, and other sources, to ascertain which cases a potential mediator may have filed suit against any governmental entities; 2.80 12/02/2020 IR Research potential exert witnesses on behalf of the City of Boynton Beach; online review of Palm Beach Circuit Court docket 2.20 12/03/2020 TAD Receipt and review of motion to compel. Review trial order and prepare correspondence re: motion and discovery. Receipt of correspondence from plaintiff re: communications with court on motion to remove case from non -jury docket. Review issues with motion for summary judgment and discovery and confer with GB re: same. Prepare correspondence to plaintiff re: motion for summary judgment. Receipt of additional correspondence from plaintiff re: motions. 1.30 GB Emails with TAD regarding Motion for Summary Judgment and motion to compel. Emails with opposing counsel regarding mediation, witness and exhibit lists, and Motion for Summary Judgment hearing. Trial preparation by reviewing file for plaintiffs' damages to ascertain proposal for settlement amount, if any. 1.20 12/04/2020 TAD Receipt and review of correspondence re: trial issues. Confer with GB re: same. Prepare case law for trial issues. Review of evidentiary issues for trial. Revise jury instructions re: damage issues. Receipt of correspondence from plaintiff re: motions and prepare response re: same. 2.80 IR Receipt and review of emails between counsel for Plaintiff and the City of Boynton Beach's attorneys, regarding special set hearing dates for the City's Motion for Summary Judgment; prepared tickler to touch base with litigation team next week, regarding any additional depositions to be taken, prior to discovery cut-off on January 19, 2021; preparation of updates to the City's Trial Witness and Subpoena Duces Tecum tracking chart, from new information gleaned within discovery records, not previously reviewed; 0.80 12/07/2020 IR Receipt and review of emails between the City of Boynton Beach and Page 70 of 380 Page: 2 CITY OF BOYNTON BEACH 01/05/2021 ACCOUNT NO: 306-9905171 STATEMENT NO: 34216 adv. Caliendo, Giovanni & Emily (code violation) counsel for the Caliendos', regarding the City of Boynton Beach's special set hearing on its Motion for Summary Judgment; continuation of preparation of trial, including review of documents from the City, and other types of evidence, to be presented to the court and jury; 12/08/2020 TAD Receipt and review of correspondence re: motion. Confer with GB re: trial preparation. Review motion to compel plaintiffs trial disclosures. Prepare correspondence to City re: witnesses. Begin preparation of pre-trial report. Prepare correspondence to City witnesses re: trial period. GB Attended hearing on City's Motion to Cancel Motion for Summary Judgment Hearing. Telephone conference call with TAD Regarding, Motion for Summary Judgment hearing, case status, hearing and getting ready for trial. Drafted and filed Motion to Special Set Motion for Summary Judgment hearing. Finalized and filed Motion to Compel Plaintiffs to file Trial Witness and Exhibit List. Email to Plaintiffs' counsel regarding hearing and Motion to Remove Case from Non -Jury Trial Docket. IR Continuation of summaries pertaining to City of Boynton Beach's employees' personnel files; receipt and review of the City's Motion to Compel Plaintiffs' trial disclosures, that were due on November 30, 2020, following the Court's August 5, 2020 Order Setting Non -Jury Trial and Directing Pretrial and Mediation Procedures, entered by Judge Donald Hafele; receipt and review of Defendant, City of Boynton Beach's Request for Special Set Hearing on the City's MOtion for Summary Final Judgment, filed this day with the Court; 12/09/2020 TAD Confer with City representative regarding issues and trial. Continue review of records and begin preparation of pre-trial report. Begin preparation of direct of Hart. Complete vior dire questions. IR Continuation of review discovery responses, by both Plaintiffs' and the City of Boynton Beach, including the City's Code Violations against the property located at 916, in Boynton Beach, Florida; receipt and review of Notice of Hearing, for the Court to Special Set the City of Boynton Beach's Motion for Summary Final Judgment, to be heard on December 16, 2020 at 8:45am motion calendar; GB Emails and telephone conference call with opposing counsel regarding amended trial order and request for Motion for Summary Judgment hearing. Drafted letter to the Judge for hearing on request for Motion for Summary Judgment hearing. 12/10/2020 IR Ran background searches on City of Boynton Beach employees, in preparation for additional depositions and other discovery, prior to the Court -Ordered deadline of January 19, 2021; ran public records search, to cross-reference with City of Boynton Beach's employees' resume and employee questionnaire specifically targeting key inquiries; initial preparation of memoranda pertaining to same; 12/11/2020 IR Finalization of summaries pertaining to City of Boynton Beach employee, including review of pre -hire background checks, that Plaintiffs may raise during discovery, or at trial; preparation of memoranda pertaining to issues that may be raised; preparation of email to GB, including summaries of City employee; TAD Receipt and review of correspondence re: hearings. Confer with JA re: same. Confer with GB re: trial issues. Receipt of new trial order. 12/14/2020 TAD Receipt and review of correspondence re: motion for summary judgment �� 2.10 2.70 3.00 .e 2.20 2.60 0.50 5.40 6.40 0.90 Page 71 of 380 Page: 3 CITY OF BOYNTON BEACH 01/05/2021 ACCOUNT NO: 306-9905171 STATEMENT NO: 34216 adv. Caliendo, Giovanni & Emily (code violation) 8,722.50 Page 72 of 380 HOURS and information from judicial assistant. Confer with GB re: evidentiary matters for trial. Receipt of correspondence from plaintiff re: hearing issues. 0.70 IR Receipt and review of the Court's Order regarding removal of Non -Jury Trial; research deadline of Mediation due date, that the parties are ordered to attend on or before December 30, 2020; receipt and review of Plaintiffs' Notice of Mootness Regarding the December 16, 2020 UMC hearing, filed December 14, 2020; prepared ticklers to speak with litigation team attorneys regarding any additional discovery to be conducted, as well as deadlines leading up to the Palm Beach County civil jury trial, scheduled for the court docket period commencing February 8 through April 16, 2021; 0.80 GB Emails with opposing counsel regarding Request for Motion for Summary Judgment hearing. Telephone conference call with opposing counsel regarding mediation, exhibit and witness lists and City's Request for Motion for Summary Judgment Hearing. Telephone conference with TAD regarding Motion for Summary Judgment. 0.90 12/15/2020 TAD Receipt and review of correspondence re: hearing on City's motion. Confer with GB re: same. 0.20 GB Telephone conference call with opposing counsel regarding request for special set hearing. Telephone conference call with TAD regarding case status. Emails with opposing counsel regarding summarizing phone conversation. 0.70 12/22/2020 TAD Complete voir dire. Revise jury instructions for trial. 2.60 IR Organization of all City of Boynton Beach's code violations at all Boynton Beach real properties, owned by Giovanni & Emily Caliendo, commencing in 2004 through current, in 2020; preparation of revised Timeline, pertaining to same, along with hyper -linked documents thereto, for utilization at Civil Jury Trial, commencing on Judge Donald Hafele's docket, from February 8, 2021 through April 16, 2021; 2.70 12/23/2020 IR Detailed review of City of Boynton Beach Code Enforcement Documents, to organize same in a type of chronological order, and hyper -linking particular records to the City's Timeline, for use at trial and any additional discovery that may be taken; reviewed the City's Trial Witness and Subpoena Duces Tecum Tracking chart to confirm that the Code Compliance records were noted, along with a corresponding records custodian, or other City employee, who will be able to attest to the authenticity of said code records, during trial; 3.30 12/24/2020 GB Began preparing for trial by reviewing documents pertaining to each city witness and drafting outline for the direct of the witnesses. 1.80 FOR CURRENT SERVICES RENDERED 55.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 8.60 $205.00 $1,763.00 INGRID RIERA 33.70 125.00 4,212.50 TRACEY A. DECARLO 13.40 205.00 2,747.00 8,722.50 Page 72 of 380 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Caliendo, Giovanni & Emily (code violation) Photocopies TOTAL EXPENSES THRU 12/31/2020 12/09/2020 Federal Express - Invoice 7-213-34228 TOTAL ADVANCES THRU 12/31/2020 TOTAL CURRENT WORK BALANCE DUE Page: 4 01/05/2021 306-9905171 34216 9.45 9.45 14.95 8,746.90 $8,746.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 73 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 HOURS 12/01/2020 GB Email with opposing counsel regarding Officer Herny's deposition. Prepared for Officer Herny's deposition. 0.90 12/02/2020 GB Telephone conference call with City regarding Officer Herny's deposition. Telephone conference call with TAD regarding Officer Herny's deposition. Prepared for Officer Herny's deposition by reviewing file. Attended Officer Herny's deposition. 2.00 TAD Review information re: Herny prior testimony. Review summary of witness testimony re: incident. Confer with GB re: deposition issues and Herny testimony. 1.40 12/04/2020 IR Receipt and review of online court docket, in Palm Beach Circuit Court; reviewed the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to ascertain contacts with the City's anticipated expert witnesses; online searches regarding law enforcement expert witness, Dr. John Peters; 1.20 GB Legal research and draft Motion for Summary Judgment . 2.30 FOR CURRENT SERVICES RENDERED 7.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 5.20 $205.00 $1,066.00 INGRID RIERA 1.20 125.00 150.00 TRACEY A. DECARLO 1.40 205.00 287.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/05/2021 306-9905190 34217 1,bU:3.UU 1,503.00 $1,503.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 74 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470000410EP 12/16/2020 TAD Review and revise motion in limine. Review case law re: same. ACCOUNT NO STATEMENT NO 12/17/2020 TAD Review case law re: issues for motion in limine. Revise motion in limine and confer with GB re: same. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 2.50 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/05/2021 306-9905216 34218 HOURS 1.20 1.30 2.50 512.50 TOTAL $512.50 512.50 $512.50 Page 75 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Philson, Tammi A. (Personal Injury -Carolyn Sims Center) Billing Category: 18 - RLO Claim #001470000440GB 12/22/2020 IR Review 45 day tickler, from initial receipt of correspondence dated November 6, 2020 from counsel for Ms. Philson; preparation of City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, with notations that this Claimant lives in Washington, D.C. and as such, most likely will be serving out of state subpoenas for medical and other necessary records; FOR CURRENT SERVICES RENDERED TINAPVPPPPP INUMU KILKA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.60 $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/05/2021 306-9905310 34219 HOURS 1.60 1.60 200.00 TOTAL $200.00 200.00 $200.00 Page 76 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Jordan, Debra L. (Sidewalk accident 339 NE 12th Ave) Billing Category: 18 - RLO Claim #001470000447GB 12/21/2020 TAD Receipt and review of correspondence re: claim. Review information provided re: claim notice. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/05/2021 306-9905334 34220 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 77 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Wright, Bernard (discrimination) Billing Category: 18 - RLO Claim #001470000449EO 12/23/2020 IR Researched Florida Department of Corrections website pertaining to Bernard Wright incarcerations, commencing from 1973, up until 2006; online Palm Beach Circuit and County Courts searches, pertaining to any new court filings by Mr. Wright, or against him; prepared email with PDF'd records from the findings of the court search, to TAD; prepared sixty day tickler regarding same; FOR CURRENT SERVICES RENDERED TIMEKEEPER INGRID RIERA RECAPITULATION HOURS HOURLY RATE 1.10 $125.00 Photocopies TOTAL EXPENSES THRU 12/31/2020 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/05/2021 306-9905336 34221 HOURS 1.10 1.10 137.50 TOTAL $137.50 1.40 1.40 138.90 $138.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 78 of 380 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 01/05/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905344 Boynton Beach FL 33435 STATEMENT NO: 34222 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) Billing Category: 18 - RLO Claim #001470000450EP 12/01/2020 GB Reviewed trial order and upcoming deadlines. Emails to TAD and IVR regarding upcoming deadlines and trial deadline outline. 0.20 IR Receipt and review of email from GB regarding trial deadlines, under Judge Kelley's past two trial orders, entered on March 11, 2020 and July 15, 2020, respectively; preparation of revised internal Trial Order Outline, to confirm all due dates, and confirmed dates and other information from Judge Kelley's most recent trial order; research of Fla.R.Jud.Admin. 2.514 pertaining to specific deadline dates; 2.10 12/02/2020 GB Telephone conference call with City and TAD regarding strategy. Follow up phone call with TAD summarizing what needs to be done moving forward. 0.40 TAD Receipt and review of plaintiffs expert analysis and attend telephone conference with City representatives re: status and trial issues. 0.40 12/03/2020 GB Emails with Luna Wolfs attorney, opposing counsel and court reporting confirming Luna Wolf's deposition. 0.30 12/04/2020 GB Prepared and took witness Luna Wolfs deposition. Telephone conference call with TAD regarding deposition. 2.00 12/08/2020 TAD Receipt and review of correspondence re: status and prepare response to same. 0.30 12/15/2020 IR Reviewed Plaintiffs medical and other providers deposition transcripts, in preparation for civil jury trial in Palm Beach County Circuit Court, FL, currently scheduled for the docket commencing February 16, 2021 through March 26, 2021, before Judge Glenn Kelley; 2.70 12/16/2020 GB Telephone conference call with Plaintiff's counsel regarding settlement. 0.30 12/18/2020 GB Emails with opposing counsel regarding settlement offer. Email to TAD regarding Plaintiff's counter offer. 0.20 12/21/2020 TAD Receipt and review of correspondence re: settlement offer and counter. Confer with GB re: same. 0.30 12/22/2020 GB Telephone conference call with opposing counsel regarding settlement. Page 79 of 380 CITY OF BOYNTON BEACH Brescia, Brandon (EEOC Complaint) 12/30/2020 12/31/2020 ACCOUNT NO STATEMENT NO Email to opposing counsel memorializing conversation. Emails with TAD regarding settlement. Email to City regarding settlement. 0.80 GB Emails with opposing counsel regarding settlement. Emails to TAD regarding settlement and proposal for settlement. Drafted proposal for settlement. Legal research regarding deadlines and requirements for proposal for settlements. Drafted release to be attached to proposal. 1.10 GB Filed and served Proposal for Settlement. Drafted Witness and Expert List and served on Plaintiff. 1.30 FOR CURRENT SERVICES RENDERED 12.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 6.60 $205.00 $1,353.00 INGRID RIERA 4.80 125.00 600.00 TRACEY A. DECARLO 1.00 205.00 205.00 TOTAL CURRENT WORK BALANCE DUE Page: 2 01/05/2021 306-9905344 34222 2,158.00 $2,158.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 80 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Cain, Courtney Billing Category: 18 - RLO Claim #001470001005EP HOURS 12/02/2020 TAD Receipt and review of employment history for involved parties re: deposition of the Plaintiff and report. Revise report re: information on same. 2.50 12/07/2020 IR Receipt and review of tickler regarding the Plaintiff's Answers to the City of Boynton Beach's Interrogatories and Responses to the City of Boynton Beach's Request for Production, due today; reviewed pleadings and emails from Plaintiff's counsel; preparation of revised tickler for one week; 0.30 12/08/2020 TAD Receipt and review of plaintiffs response to request for production. Receipt of plaintiff's answers to interrogatories. Prepare correspondence to plaintiff re: defects in discovery responses and objections. Receipt of response to same. Revise report to include information from discovery responses. 1.80 12/11/2020 TAD Review additional case law re: claims and damage issues. Revise report to include additional information and case law. 1.80 12/14/2020 TAD Review discovery responses and prepare correspondence to plaintiff re: objections. Revise report and budget re: discovery issues. Receipt of correspondence from adjuster re: status and prepare response to same. 0.80 FOR CURRENT SERVICES RENDERED 7.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.30 $125.00 $37.50 TRACEY A. DECARLO 6.90 205.00 1,414.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/05/2021 306-9905360 34223 1,452.00 1,452.00 $1,452.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 81 of 380 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 01/05/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905369 Boynton Beach FL 33435 STATEMENT NO: 34224 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18 - RLO Claim #19754303 HOURS 12/08/2020 TAD Receipt and review of notice of deposition. Prepare correspondence re: same. 0.20 IR Receipt and review of the Plaintiff, Roseline Moyse's Notice of Taking Deposition of Keith Thompson, scheduled for January 25, 2020 at 10:00a.m.; preparation of ticklers to lead up to deposition, to assist the City of Boynton Beach prepare for same; retrieved online Palm Beach Circuit Court docket, for most recent filings and status of other fact witness depositions; preparation of updates to the City's Trial Witness and Subpoena Duces Tecum tracking chart; 0.70 GB Email to City regarding Keith Thompson's deposition. Emails with TAD regarding Keith Thompson's deposition. Voicemail to City regarding deposition. Telephone conference call with City regarding deposition. 0.50 12/11/2020 TAD Review information re: depositions of former employees. Confer with GB re: same. 0.30 12/14/2020 GB Emails with City regarding Lawrence Allen's deposition. Telephone conference call with City regarding deposition. Email with opposing counsel regarding setting Lawrence Allen's deposition. 0.40 12/16/2020 GB Reviewed Keith Thompson's personnel file and HR investigation results. 0.70 IR Receipt and review of Re -Notice of Taking Deposition of Keith Thompson, on January 25,2021 at 10:00a.m. via ZOOM, by Plaintiff's counsel, filed this date; receipt and review of Notice of Taking Deposition of Lawrence Allen, on February 3, 2021 at 10:00a.m. via ZOOM, by Plaintiff's counsel and filed with the Court this date; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart and updated ticklers as reminders for January and February of 2021; 1.10 12/17/2020 GB Emails with City regarding deposition. 0.10 FOR CURRENT SERVICES RENDERED 4.00 676.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.70 $205.00 $348.50 INGRID RIERA 1.80 125.00 225.00 Page 82 of 380 CITY OF BOYNTON BEACH adv. Moyse, Roseline (RLO) TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE Page: 2 01/05/2021 ACCOUNT NO: 306-9905369 STATEMENT NO: 34224 HOURS HOURLY RATE TOTAL 0.50 205.00 102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 676.00 $676.00 Page 83 of 380 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 01/05/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905421 Boynton Beach FL 33435 STATEMENT NO: 34225 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18 - RLO Claim #19779868 12/01/2020 IR Reviewed pleadings, for most recent filings, following the cancellation of both parties' depositions; review of trial order, as well as the City of Boynton Beach's trial deadline outline, for due dates, specifically the deadline to conduct discovery by May 10, 2021; review of file regarding the City's expert witness[es] and tickler to discuss same with attorneys; 0.90 12/03/2020 IR Review the Court's Trial Order and the City of Boynton Beach's Outline with deadlines, for discovery and expert witness disclosures; research of law enforcement / police K-9 handlers, as potential expert witnesses for the City at trial, scheduled for November 2021; receipt and review of Notice of Unavailability filed in federal court, by Officer Mark Sohn, listing specific dates in which his counsel will not be available from the end of 2020, through September of 2021; listed said dates on calendar, should there be deadlines or actions, in this litigation; 2.10 12/07/2020 TAD Receipt and review of correspondence from plaintiff re: issues with discovery from city. Review objections and confer withh GB re: same. 0.80 GB Emails with TAD regarding Plaintiff's letter to City's objections to Plaintiff's first set of discovery requests. Emails with opposing counsel regarding telephone conference call to discuss City's objections. 0.30 12/09/2020 GB Legal research in preparation for telephone conferee call with Plaintiff's counsel regarding City's objections to First Request for Production. Telephone conference call with TAD regarding City's objections. Telephone conference call with Plaintiffs counsel regarding City's objections to First Request for Production. 1.90 12/10/2020 GB Emails to City regarding Plaintiff's discovery requests. Reviewed documents provided by City to produce to Plaintiff in response to request for production. 3.30 TAD Receipt and review of correspondence re: discovery responses. Review plaintiff discovery responses. Review documents from City re: additional response to plaintiffs requests. 0.90 12/11/2020 TAD Review discovery responses and correspondence re: discovery agreements. Receipt of correspondence re: depositions and prepare correspondence re: same. Confer with GB re: depositions and discovery issues. 0.50 Page 84 of 380 Page: 2 CITY OF BOYNTON BEACH 01/05/2021 ACCOUNT NO: 306-9905421 STATEMENT NO: 34225 adv. McFadden, Patrick (K9 Injuries) �� GB Telephone conference call with City regarding Plaintiffs discovery requests. Telephone conference call with TAD regarding Plaintiff's discovery requests. Edits to responses to Plaintiffs First Request for Production and complied documents responsive to Plaintiffs request. 1.80 12/14/2020 GB Telephone conference call with City regarding Plaintiffs document request. Emails with the City regarding documents to be produced to the Plaintiff. 0.30 12/15/2020 TAD Receipt and review of information from City police re: reports. Review information re: notice to City for discovery issues. Confer with GB re: same. Receipt of order on motions to dismiss. 1.30 12/16/2020 IR Receipt and review of Omnibus Order [20], entered by Honorable Rodney Smith, denying the City of Boynton Beach and Mark Sohn's Motion to Dismiss [10] pages; preparation of tickler for the City to Answer by December 29, 2020; receipt and review of the City's Supplemental Response to Plaintiff's Request for Production, propounded upon the City on October 1, 2020; reviewed the City's 868 responsive documents pertaining to same, in preparation for civil jury scheduled for on the court's docket from November 8, 2021 through November 19, 2021 3.20 TAD Receipt and review of correspondence re: depositions. Review discovery issues. Confer with GB re: answer. 0.80 GB Finalized supplemental responses to Plaintiff's Request for Production. Redacted documents and served on opposing counsel. Emails with Plaintiff's counsel regarding interrogatories. 3.80 12/17/2020 TAD Receipt and review of correspondence re: City's document production. Receipt of correspondence re: depositions from officer counsel. 0.20 GB Emails with City regarding depositions and interrogatories. Emails with opposing counsel regarding depositions. 0.30 12/18/2020 GB Emails with City regarding interrogatories. Drafted Supplemental Response to Interrogatories. Email to TAD regarding supplemental response. 0.40 12/21/2020 GB Began drafting answer and affirmative defenses. 0.90 TAD Receipt and review of proposed amended interrogatory responses. Review proposed production and police report re: incident information for amended response. Prepare correspondence re: same. Receipt of notice re: discovery requests. 1.30 12/22/2020 GB Emails with opposing counsel regarding depositions. Emails with various City employees regarding their depositions. Telephone conference call with City regarding depositions. Finalized Supplemental responses to Interrogatories and served on opposing counsel. Continued drafting tristar report. 1.70 12/23/2020 GB Finished drafting Answers and Affirmative Defenses to Plaintiffs Complaint and Emailed same to TAD for review and approval. Finalized Tristar report and emailed same to TAD for review and approval. 4.50 12/24/2020 TAD Receipt and review of report and budget. Revise same. Review answer and affirmative defenses. Confer with GB re: same. 1.30 IR Receipt and review of the City of Boynton Beach's Supplemental Answers to Plaintiff's First Set of Interrogatories; preparation of updates to the City's Trial Witness and Subpoena Duces Tecum tracking chart, to add names Page 85 of 380 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. McFadden, Patrick (K9 Injuries) HOURS and positions, as responded to in the City's Supplemental Answers to Interrogatories; 0.60 GB Emails with TAD regarding edits to tristar reports. Made edits and additions to report pursuant to TAD's comments/ 1.60 12/29/2020 GB Email to TAD regarding answer and affirmative defenses. Email to opposing counsel regarding depos. Emails with City regarding depos. Email to IVR regarding request for copies. Edits to Answer and Affirmative Defenses. Had Answer and Affirmative Defenses filed. 1.70 12/30/2020 GB Emails with City regarding depositions. Emails with opposing counsel regarding deposition of City officers. Continued making edits and additions to Tristar report. Legal research regarding qualified immunity and Plaintiff's claims for excessive force against Sohn for tristar report. 2.70 12/31/2020 GB Emails with opposing counsel regarding depositions. Emails with City regarding depositions. 0.70 FOR CURRENT SERVICES RENDERED 39.80 TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 25.90 $205.00 $5,309.50 INGRID RIERA 6.80 125.00 850.00 TRACEY A. DECARLO 7.10 205.00 1,455.50 Photocopies TOTAL EXPENSES THRU 12/31/2020 TOTAL CURRENT WORK BALANCE DUE Page: 3 01/05/2021 306-9905421 34225 7,615.00 0.35 0.35 7,615.35 $7,615.35 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 86 of 380 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 01/05/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905423 Boynton Beach FL 33435 STATEMENT NO: 34226 Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 HOURS 12/01/2020 TAD Receipt and review of information on costs. Review case law re: same and local rule. Prepare correspondence re: cost information for motion. 12/02/2020 TAD Review information on costs. Confer with City re: same. Prepare correspondence to court reporter re: cost information and receipt of information for bill of costs. 0.30 12/04/2020 IR Receipt and reviewed ticklers due for this coming week, case settled and removed; closed paralegal file in the instant litigation; 0.30 12/15/2020 TAD Receipt and review of Notice of Appeal. Review order and rule re: timeliness of appeal and requirments moving forward. Receipt of correspondence from the clerk re: same. Confer with MDC re: appeal. Prepare correspondence to City and adjuster re: same. Receipt of correspondence from City re: status of claim and actions. Prepare correspondence re: same. 1.30 12/16/2020 TAD Receipt and review of correspondence re: order. Prepare correspondence re: same. Confer with SHB re: remediation at property and effect of appeal. 0.70 12/17/2020 TAD Receipt and review of acknowledgement and additional forms from the appellate court. Prepare correspondence re: same. 0.40 IR Receipt and review of Acknowledgement of Receipt of Notice of Appeal, filed by Homing Inn / Mata Chorwadi, with the United States Court of Appeals on December 15, 2020; 0.30 12/30/2020 MDC Review status of Appeal, information from court on deadlines, coordinate filing of Notice of Appearance per court rules. 0.80 12/31/2020 MDC Review federal appellate rules, review 11th circuit process, follow up on task deadlines, review Final Judgment and Summary Judgment orders on appeal. 1.30 CLD Review/calendar deadlines from court's Acknowledgement of Appeal; e -filed Appearance of Counsel Form for MDC and TAD. 1.00 FOR CURRENT SERVICES RENDERED 6.40 1,184.00 Page 87 of 380 Page: 2 CITY OF BOYNTON BEACH 01/05/2021 ACCOUNT NO: 306-9905423 STATEMENT NO: 34226 adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit TIMEKEEPER MICHAEL D. CIRULLO CYNTHIA L. DUNN INGRID RIERA TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 2.10 $205.00 $430.50 1.00 125.00 125.00 0.60 125.00 75.00 2.70 205.00 553.50 1,184.00 $1,184.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 88 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Fontenot, Joel (MVA) Billing Category: 18 - RLO Claim #19787449 ACCOUNT NO STATEMENT NO 12/02/2020 TAD Receipt and review of notice of settlement. 0.10 12/03/2020 IR Receipt and review of Plaintiffs Notice of Settlement of All Claims, filed with the Clerk of the Court, in Palm Beach County, Florida on December 2, 2020; 0.20 12/10/2020 TAD Receipt and review of order from court re: settlement. 0.10 12/14/2020 TAD Receipt and review of correspondence re: stipulation and order. Review same. Prepare revisions and prepare correspondence to to plaintiff re: same. 0.40 IR Receipt and review of Stipulation For Order of Dismissal with Prejudice, from the Palm Beach County, FL Clerk of the Courts, filed on 12.14.20; 0.20 12/15/2020 TAD Receipt and review of order of dismissal. Prepare correspondence to the City re: same. 0.20 FOR CURRENT SERVICES RENDERED 1.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.40 $125.00 $50.00 TRACEY A. DECARLO 0.80 205.00 164.00 11/30/2020 Federal Express - Invoice 7-206-13154 TOTAL ADVANCES THRU 12/31/2020 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/05/2021 306-9905448 34227 15.45 15.45 15.45 229.45 $229.45 Page 89 of 380 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 01/05/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905462 Boynton Beach FL 33435 STATEMENT NO: 34228 Attn: Lynn Swanson adv. Capobianco, Ewa (Charge of Discrimination) Billing Category: 18 - RLO Claim #20806974 HOURS 12/09/2020 IR Receipt and review of email from the City of Boynton Beach to Plaintiff's counsel's office, to confirm deposition of the Plaintiff on December 10, 2020; reviewed pleadings and status of discovery responses by the Plaintiff; 0.30 12/10/2020 TAD Receipt and review of plaintiffs responses to requests for admission. Review plaintiffs statement to the City regarding deposition and revise questions for deposition. Attend deposition of plaintiff. Prepare outline of testimony from plaintiff re: report and motions 4.20 12/11/2020 TAD Prepare correspondence to City re: deposition of plaintiff. 12/14/2020 TAD Review information from plaintiff's deposition. Review case law re: lack of evidence of direct discrimination or circumstantial evidence of same. 3.10 12/15/2020 TAD Continue review of case law re: plaintiff's testimony and motions. 1.30 IR Receipt and review of Plaintiffs Responses to the City of Boynton Beach's Request for Admissions; reviewed pleadings and pending ticklers, to remove as completed; 0.30 12/16/2020 TAD Begin preparation of memo re: legal issues with plaintiffs case for motions and report. 1.20 12/22/2020 TAD Receipt and review of additional case law re: motions. Review plaintiffs answers to request for admissions re: motions. 2.10 FOR CURRENT SERVICES RENDERED 12.50 2,514.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.60 $125.00 $75.00 TRACEY A. DECARLO 11.90 205.00 2,439.50 TOTAL CURRENT WORK 2,514.50 BALANCE DUE $2,514.50 Page 90 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Bible Church of God (Property Damage/Fiber Optic Cable) Billing Category: 18 - RLO Claim #19792048 ACCOUNT NO STATEMENT NO TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/05/2021 306-9905480 34229 123.00 $123.00 Page 91 of 380 HOURS 12/03/2020 TAD Prepare correspondence to the City re: claim status and receipt of response to same. 0.20 12/08/2020 TAD Receipt and review of correspondence from City re: contacts at Church and claims. 0.10 12/09/2020 TAD Receipt and review of correspondence from City re: status and prepare response to same. 0.20 12/11/2020 TAD Receipt and review of correspondence from City re: insurance claim and status. 0.10 FOR CURRENT SERVICES RENDERED 0.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.60 $205.00 $123.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/05/2021 306-9905480 34229 123.00 $123.00 Page 91 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) Billing Category: 18 - RLO Claim #20820231 HOURS 12/01/2020 TAD Receipt and review of correspondence from City re: demand letter. Receipt of demand letter. Receipt of correspondence from adjuster re: claim. Review potential claims re: requirements for causes of action. Confer with JAC re: response. Confer with Clty re: claim information and response to demand. 2.40 12/02/2020 TAD Attend conference with City representatives re: demand letter and claim information. 0.30 12/03/2020 TAD Receipt and review of information re: claim. Review news coverage and history of city response re: claims. 0.90 FOR CURRENT SERVICES RENDERED 3.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 3.60 $205.00 $738.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/05/2021 306-9905498 34230 738.00 $738.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 92 of 380 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 01/05/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905511 Boynton Beach FL 33435 STATEMENT NO: 34231 Attn: Lynn Swanson adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) Billing Category: 18 - RLO Claim #20825463 HOURS 12/02/2020 TAD Receipt and review of motion for extension of time. Receipt of correspondence re: same. Prepare response. 0.40 CLD Drafted City's Response to Wing Ho's Motion to Stay/Extend Time to File Amended Complaint. 0.80 12/03/2020 TAD Receipt and review of memo in opposition to motion and correspondence re: same. Confer with HN re: response to motion from plaintiff. Receipt of filings by plaintiff Wing Ho. Review of information re: status of plaintiff Karen Ho re: moving forward. 0.80 12/04/2020 HN Review of Southern District of Florida local rule 7.1(a)(3) and draft of argument that Plaintiff did not make a reasonable effort to confer with counsel as to filed motions. Research as to whether a civil case can be stayed if a plaintiff is imprisoned. 1.40 TAD Receipt and review of motion filed by Wing Ho. Prepare correspondence re: same. 0.30 12/07/2020 HN Review of the Court's paperless order directing us to response to Plaintiffs motion by 12/16/20. 0.20 IR Receipt and review of Paperless Order Requesting Defendants' Response to [DE 34], of Plaintiffs' Motion to Stay Proceedings, or in the Alternative, Motion for Extension of Time to File Amended Complaint, filed on December 2, 2020, and the Court's Order that the Defendants' file a response thereto by December 16, 2020, regarding its position to agree with Plaintiffs' Motion to Amended Complaint, or Stay Proceedings, entered by Judge Donald Middlebrooks on December 7, 2020; preparation of ticklers regarding same; 0.40 12/08/2020 TAD Receipt and review of order re: motion for extension of time. 0.10 HN Further research and review of federal rules and cases as it relates to plaintiffs that are placed in prison and its impact on the civil case. Edits to Response to Wing Ho's Motions to stay the case or extend their timeframe to file an amended complaint. Review of Judge's order. Email to TAD with draft response. 3.20 12/09/2020 TAD Review motion for extension of time and prior filings. Revise memorandum Page 93 of 380 Page: 2 CITY OF BOYNTON BEACH 01/05/2021 ACCOUNT NO: 306-9905511 STATEMENT NO: 34231 adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) in opposition to motion for extension of time. Confer with HN re: same. HN Review and edits of response to Wing Ho's motions. Review of TAD's edits and revisions of document. Email to CRA counsel with draft response asking if they want to join in our response. Review of Karen Ho's filing with the court regarding address change. IR Receipt and review of Karen Ho's Notice of Change of Address, at the Florida Women's Reception Center, located in Ocala, Florida; online research of Florida Women's Reception Center, including online inmate search [from previous address given at Palm Beach Jail]; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, with new information; review of pleadings, regarding the Court's ruling to permit Plaintiffs' to file an Amended Complaint, with restrictions, as cited in Judge Middlebrooks' order; preparation of ticklers for responsive date to the Plaintiffs' recent filing to Stay litigation; 12/10/2020 TAD Receipt and review of correspondence re: status of claim. Confer with HN re: strategy. Prepare correspondence to City re: same. Receipt and review of additional filings from Plaintiff and correspondence re: same. 12/11/2020 HN Review of CRA counsel's email to join in our response to Wing Ho's motion to stay or extension to file amended complaint. Review and edit of joint response. TAD Receipt and review of correspondence re: opposition from CRA. Revise correspondence to City to include memorandum information and recent filings by plaintiff. 12/14/2020 TAD Receipt and review of information re: Plaintiff arrest and current filings. Prepare correspondence to City re: opposition to motion and status of claim. Confer with HN re: status and expert issues. IR Receipt and review of court docket email of filing of Response in Opposition Regarding [34] Motion to Stay Motion for Extension of Time to Amend, filed by City of Boynton Beach Manager, City of Boynton Beach Community Redevelopment, filed on December 11, 2020, with replies due by December 18, 2020; preparation of ticklers for replies deadline; review details of Karen Ho incarceration with the Florida Department of Corrections; 12/18/2020 HN Review of email from John Kuntzman regarding property. Response to Jim and Tracey regarding status of lawsuit. Email exchange with Jim. HOURS 1.20 Am 1.30 IM .e 0.70 0.50 Am 1.40 0.50 12/21/2020 TAD Review trial orders re: deadlines. Receipt of correspondence re: motions from CRA counsel. Confer with HN re: same. Review and revise second motion for extension of time. Prepare correspondence re: same. 1.20 HN Phone conference with TAD. Email to CRA regarding joining us in our motion to extend time to provide witness list and expert witness lists. Email to TAD with draft joint motion. Review of scheduling order and Judge's order from 11/17/20. Review of TAD's redlines and edits to motion. 2.20 CLD Continued revisions to M/Extend to Disclose Witness Lists per HN; attempted contact with the Hos at both cell phone numbers per HN; emails and discussions re same. 0.80 12/22/2020 TAD Receipt and review of correspondence re: notice to plaintiffs of motion. Confer with HN re: same. 0.20 HN Review and edit of draft email to Karen and Wing Ho regarding our motion to extend time on providing expert witness list and witness list. Email Page 94 of 380 Page: 3 CITY OF BOYNTON BEACH 01/05/2021 ACCOUNT NO: 306-9905511 STATEMENT NO: 34231 adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) HOURS exchange with TAD regarding draft email. 0.20 CLD Drafted transmittal email to follow up with the Hos on filing M/Extend Disclosure of Witness Lists. 0.30 12/23/2020 HN Edits to motion to extend time to submit expert witness list and witness list. 0.70 12/24/2020 HN Review of draft motion and order related to requesting an extension from the court for filing expert witness list and witness list. Review of Judge's November 17 order and 9/25 pretrial scheduling order. 0.30 IR Receipt and review of the parties' jointly filed Motion for Extension of Time for Disclosing Expert Witness Lists and Witness Lists Regarding [DE 32], Order on Motion to Dismiss, Order on Motion to Strike, Order on Motion for Extension of Time, Scheduling Order, Order of Referring Case to Mediation by both Defendants [DE 38]; receipt and review of the City's Jointly filing notice regarding the prior jointly filed motion; review of Trial Order Outline, with deadlines and trial cut-offs; 0.70 12/28/2020 HN Review of Judge's ordering dismissing the complaint without prejudice. Phone call discussion with JAC. Left a voice message with John Kuntzman. Email exchange with JAC. Email to Lori LaVerriere informing her that the case has been dismissed and closed by the court. Email exchange with Lori. 0.60 12/29/2020 HN Review of Order and follow up as to Judge not copying Wing Ho at the Chianti address. Review of the federal rules of civil procedure and the southern district local rules related to appeal rights. Discussion with GB re: appeal right. 0.30 CLD Phone call to Judge Middlebrooks' law clerk to ensure Order of Dismissal will be mailed to Wing Ho; instructions to CA to mail the Order regular and certified to Wing Ho. 0.50 12/30/2020 HN Review of federal rules of civil procure regarding amount of days to appeal an order. 0.20 FOR CURRENT SERVICES RENDERED 23.50 4,321.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 11.40 $205.00 $2,337.00 CYNTHIA L. DUNN 2.40 125.00 300.00 INGRID RIERA 3.80 125.00 475.00 TRACEY A. DECARLO 5.90 205.00 1,209.50 Photocopies 5.60 TOTAL EXPENSES THRU 12/31/2020 5.60 TOTAL CURRENT WORK 4,327.10 BALANCE DUE $4,327.10 Page 95 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Williams, Tiera, Individually and on behalf of Kamari Milcent Billing Category: 18 - RLO Claim #20830270 HOURS 12/14/2020 TAD Receipt and review of correspondence re: claim request. Review accident report re: additional claim. Prepare correspondence re: same. 0.50 IR Receipt and review of email from City of Boynton Beach, with correspondence from counsel for Ms. Williams, George Trautman, IV, Esq. with Frankl, Kominsky, Injury Lawyers, that put the City on Notice & 'Demand to Preserve Cellular Phone Evidence;' online research of Plaintiff's counsel law firm & specific attorney; updated the City's Trial Witness & Subpoena Duces Tecum tracking chart; preparation of several ticklers to check online docket checks; receipt and review of litigation team emails regarding same; 2.20 12/18/2020 IR Ran background searches on Tiera Latrice Williams; initial preparation of timeline of Ms. Williams' court incidents. retrieved from the Palm Beach County court, which include traffic court and cross-referenced with Palm Beach County Sheriffs office searches, from 2010 through the current date; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; saved pertinent records found within the public records and noted / cross-referenced on the draft timeline; 2.60 FOR CURRENT SERVICES RENDERED 5.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 4.80 $125.00 $600.00 TRACEY A. DECARLO 0.50 205.00 102.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/05/2021 306-9905521 34232 702.50 702.50 $702.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 96 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Roberts, Jeanne (Slip and Fall) Billing Category: 18 - RLO Claim #20834047 HOURS 12/07/2020 TAD Receipt and review of correspondence re: status of claim. Prepare correspondence to City re: same. 0.40 12/08/2020 TAD Receipt and review of correspondence from adjuster and City re: repairs. Receipt of photographs. Receipt of additional correspondence re: location of accident. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $205.00 TOTAL $164.00 Page: 1 01/05/2021 306-9905529 34233 I U`t.VV 164.00 $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 97 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Fitting, Ashlei (Slip and Fall) Billing Category: 18 - RLO Claim #20834720 12/04/2020 IR Receipt and review of email from Richard Ignoffo, Risk Coordinator in Human Resources Department with the City of Boynton Beach, regarding potential new litigation against the City of Boynton Beach; reviewed photographs of the area Ms. Fitting allegedly tripped and fell over; reviewed First Report of Claim fo Loss; reviewed Notice of Claim; reviewed Preservation Request; reviewed separate email regarding 'Notice of Claim' between city employees regarding sidewalk area and preservation request; preparation of the City's initial Trial Witness and Subpoena Duces Tecum tracking chart, to include any potential fact witnesses, as well as City employees; preparation of ticklers for 30, 60 and 90 days to check Palm Beach County Circuit Court docket; ran background search on Ashlei Fitting; 1.70 12/07/2020 TAD Receipt and review of correspondence re: response to request for evidence. Review and edit correspondence. Prepare response to the City re: same. 0.50 12/18/2020 IR Reviewed ticklers to retrieve information and run online searches with the Palm Beach County Courts; reviewed internal records received from the City of Boynton Beach; 0.80 FOR CURRENT SERVICES RENDERED 3.00 T1NAFIIFFPFR INUMU KILKA TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 2.50 $125.00 0.50 205.00 TOTAL $312.50 102.50 Page: 1 01/05/2021 306-9905531 34234 415.00 415.00 $415.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 98 of 380 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Jordan, Debra L. (Trip and Fall) Billing Category: 18 - RLO Claim #20836979 12/17/2020 IR Receipt and review of emails from the City of Boynton Beach, enclosing correspondence addressed to the City Manager, as well as the City Commission, from the law firm Rosenthal, Levy, Simon & Sosa in West Palm Beach, regarding its putting the City of Boynton Beach on notice of a new allegation of Ms. Jordan's 'trip and fall' potential litigation, from the date of incident on November 20, 2020; ran initial searches of prior cases against the City, by this claimant and reviewed the 2018 case files; 12/21/2020 TAD Receipt and review of correspondence from City re: additional information on claim. IR Preparation of email to litigation team, not copied on initial City emails late last week; preparation of the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; reviewed last alleged personal injury claim by same individual, from 2018; ran background searches on Debra Laverne Jordan and prepared temporary files pertaining to the results of said searches; preparation of ticklers for 30 and 60 days, to check status of this new trip and fall matter, by Ms. Jordan; receipt and review of internal emails regarding new matter; updated billing tracking regarding same; FOR CURRENT SERVICES RENDERED TIMEKEEPER INGRID RIERA TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 4.10 $125.00 0.10 205.00 HOURS 1.80 0.10 2.30 4.20 TOTAL $512.50 20.50 Page: 1 01/05/2021 306-9905535 34235 533.00 533.00 $533.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 99 of 380 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach December 18, 2020 Attn: Karen Klein Bill No. 55157 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: McFadden v. CBB/Sohn 20469 Claim #N/A BILL FOR FEES AND COSTS THROUGH 11/30/20 PROFESSIONAL SERVICES Date Services Attorney Hours 11/02/20 Review/Analyze correspondence from Mr. Finney re: extension AGB 0.10 for our responses to Plaintiff's interrogatories. 11/02/20 Draft/Revise correspondence to Mr. Finney re: advising we do AGB 0.10 not need an extension for our responses to Plaintiffs interrogatories. 11/02/20 Review/Analyze correspondence from Officer Sohn re: AGB 0.10 executed jurat page for Sohn's Answers to Plaintiff's Interrogatories. 11/02/20 Review/Analyze executed jurat page for Sohn's Answers to AGB 0.10 Plaintiffs Interrogatories. 11/02/20 Preparation of correspondence to correspondence to Mr. AGB 0.20 Finney and Ms. Betesh re: Defendant, Officer Sohn's, Notice of Filing Verified Answers to Plaintiff Interrogatories. 11/10/20 Receipt and review of Plaintiff's Answers to Sohn's SWK 0.40 Interrogatories. 11/10/20 Receipt and review of Plaintiff's Response to Sohn's Request to SWK 0.30 Produce. 11/12/20 Receipt and review of City of Boynton Beach's Response to SWK 0.90 Plaintiffs Request to Produce. 11/18/20 Receipt and review of Correspondence from Linnes Finney re: BLB 0.30 depositions. 11/18/20 Preparation of Correspondence to Linnes Finney re: BLB 0.10 depositions. 11/23/20 Review/Analyze City of Boynton Beach's Answers to Plaintiffs SWK 0.60 interrogatories. Page 100 of 380 Client: City of Boynton Beach December 18, 2020 Matter: 20469 - McFadden v. CBB/Sohn Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 11/23/20 Draft/Revise correspondence to Ms. Klein regarding Plaintiff's AGB 2.40 Ann G. Breeden, Associate discovery responses and City of Boynton Beach's responses to 160.00 576.00 Plaintiff's discovery, including review and analysis of all Benjamin L. Bedard, Partner 0.40 documents produced in response to requests for production 74.00 SWK (approximately 250 pages) 3.70 11/24/20 Draft/Revise Defendant's Production from Non -Party to obtain SWK 0.30 Total Professional Services records from City of Pompano Beach EMS, Broward Health $1,334.50 North, Palm Beach Count Jail, and Phoenix ED Med of Broward, LLC. 11/24/20 Draft/Revise Defendant's One (1) Statement of Assurance SWK 0.10 (HIPAA) to City of Pompano Beach EMS. 11/24/20 Draft/Revise Defendant's One (1) Statement of Assurance SWK 0.10 (HIPAA) to Broward Health North. 11/24/20 Draft/Revise Defendant's One (1) Statement of Assurance SWK 0.10 (HIPAA) to Palm Beach County Jail. 11/24/20 Draft/Revise Defendant's One (1) Statement of Assurance SWK 0.10 (HIPAA) to Phoenix ED Med of Broward, LLC. 11/24/20 Draft/Revise Defendant's Subpoena Duces Tecum to obtain SWK 0.20 records from City of Pompano Beach EMS. 11/24/20 Draft/Revise Defendant's Subpoena Duces Tecum to obtain SWK 0.20 records from Broward Health North. 11/24/20 Draft/Revise Defendant's Subpoena Duces Tecum to obtain SWK 0.20 records from Palm Beach County Jail. 11/24/20 Draft/Revise Defendant's Subpoena Duces Tecum to obtain SWK 0.20 records from Phoenix ED Med of Broward, LLC. 11/25/20 Draft/Revise correspondence to Mr. Finney regarding AGB 0.60 insufficient answers to interrogatories PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 3.60 160.00 576.00 BLB Benjamin L. Bedard, Partner 0.40 185.00 74.00 SWK Stephanie W. Kaufer, Partner 3.70 185.00 684.50 Total Professional Services 7.70 $1,334.50 Page 101 of 380 Client: City of Boynton Beach Matter: 20469 - McFadden v. CBB/Sohn CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: December 18, 2020 Page 3 $ 1,334.50 3,391.00 -0.00 $ 4,725.50 Page 102 of 380 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 55157 Bill Date: December 18, 2020 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 1,334.50 1=1 $ 1,334.50 3,391.00 -0.00 $ 4,725.50 3,391.00 $4,725.50 Page 103 of 380 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management Attn: Karen Klein P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. MATTER: Readon v. Boynton Beach Claim #001470 -000396 -AB -01 BILL FOR FEES AND COSTS THROUGH 11/30/20 PROFESSIONAL SERVICES Date Services 11/24/20 Communicate/With Client correspondences to and from Karen Klein re: status of case. 11/30/20 Preparation of Correspondence to Karen Klein re: will send summary of case. PROFESSIONAL SERVICES SUMMARY Code Name BLB Benjamin L. Bedard, Partner SWK Stephanie W. Kaufer, Partner Total Professional Services CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: December 18, 2020 Bill No. 55160 138 18187 Attorney Hours SWK 0.50 Hours Rate Amount 0.20 185.00 37.00 0.50 185.00 92.50 0.70 $129.50 $ 129.50 111.00 -0.00 $ 240.50 Page 104 of 380 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 55160 Bill Date: December 18, 2020 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 129.50 0.00 $ 129.50 111.00 -0.00 $ 240.50 111.00 $240.50 Page 105 of 380 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach Attn: claims@bbfl.us P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Geraci v. Zeller Adj: Julie Oldbury BILL FOR FEES AND COSTS THROUGH 12/31/20 PROFESSIONAL SERVICES Date Services 12/16/20 Preparation of e-mail to insured Capt. Matthew Zeller re: his pre -deposition meeting. 12/16/20 Receipt and review of email response from insured Capt. Matthew Zeller re: his pre -deposition meeting. 12/16/20 Preparation of second email to insured Capt. Matthew Zeller re his pre -deposition meeting. 12/16/20 Receipt and review of second e-mail from insured Capt. Matthew Zeller re: his pre -deposition meeting. PROFESSIONAL SERVICES SUMMARY January 20, 2021 Bill No. 55568 032 19132 Attorney Hours LHR 0.20 LHR 0.20 LHR 0.20 Code Name Hours Rate LHR Lyman H. Reynolds, Jr., Partner 0.80 185.00 Total Professional Services 0.80 DISBURSEMENTS Date Description 12/04/20 Outside Printing #012382715 -Sanford Geraci - Delray Medical Center Total Disbursements 0.20 Amount 148.00 $148.00 Amount 2.00 $2.00 Page 106 of 380 Client: City of Boynton Beach Matter: 19132 - Geraci v. Zeller CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: January 20, 2021 Page 2 $ 150.00 982.50 -982.50 $ 150.00 Page 107 of 380 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 55568 Bill Date: January 20, 2021 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE $ 150.00 982.50 -982.50 $ 150.00 0.00 $150.00 Page 108 of 380 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach January 20, 2021 Attn: Karen Klein Bill No. 55634 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: McFadden v. CBB/Sohn 20469 Claim #N/A BILL FOR FEES AND COSTS THROUGH 12/31/20 PROFESSIONAL SERVICES Date Services Attorney Hours 12/09/20 Preparation of correspondence to Mr. Finney re: his request to AGB 0.20 amend the answers to Interrogatory #7 as unverified. 12/09/20 Preparation of Re -Notice of Taking Video Deposition of Patrick BLB 0.10 McFadden. 12/09/20 Preparation of Correspondence to Karen Klein re: depositions. BLB 0.30 12/09/20 Review and analysis of correspondence from Mr. Finney re: AGB 0.20 approving his request to amend the answers to Interrogatory #7 as unverified. 12/09/20 Preparation of correspondence to Mr. Finney re: requesting he AGB 0.20 amend the answers to Interrogatory #7 in lieu of a motion or hearing on same. 12/09/20 Receipt and review of Correspondence from Linnes Finney re: BLB 0.50 summary of discovery after conference. 12/09/20 Telephone conference with Mr. Finney regarding Plaintiff's AGB 0.20 discovery responses 12/10/20 Receipt and review of Plaintiff's Supplemental Answers to SWK 0.30 Sohn's Interrogatories. 12/11/20 Preparation of Defendant's Non -Objection to Production for the SWK 0.20 Non -Parties to obtain records from City of Pompano Beach EMS, Broward Health North, Palm Beach County Jail, Phoenix ED Med of Borward, LLC. 12/14/20 Receipt and review of Re -Notice of Taking Deposition of Officer SWK 0.10 Mark Sohn. 12/14/20 Preparation of Correspondence to Officer Mark Sohn re: SWK 0.30 deposition. 12/15/20 Receipt and review of Court's Order on City of Boynton Beach's SWK 0.30 and Officer Sohn's Motion to Dismiss. Page 109 of 380 Client: City of Boynton Beach January 20, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 12/16/20 Receipt and review of City of Boynton Beach's Response to SWK 1.80 Plaintiffs Request to Produce. 12/16/20 Correspondence to Ms. Klein regarding the court's order on our SWK 0.30 motions to dismiss on behalf of the City of Boynton Beach and Officer Sohn. 12/17/20 Receipt and review of Correspondence to Karen Klein re: BLB 0.40 issues regarding Judge's order on Motions to Dismiss. 12/17/20 Preparation of Mark Sohn's answer and affirmative defenses to AGB 2.20 Plaintiffs complaint 12/21/20 Receipt and review of City of Boynton Beach's Response to SWK 0.30 Plaintiffs Request to Produce. 12/22/20 Receipt and review of City of Boynton Beach's Supplemental SWK 0.30 Answers to Plaintiff's Interrogatories. 12/28/20 Correspondence to correspondence from Gal Betesh re: SWK 0.20 Court's order denying Sohn's Motion to Dismiss Plaintiff's Complaint. 12/28/20 Receipt and review of Plaintiff's Notice of Taking Video SWK 0.10 Deposition of Deputy Chief Vanessa Snow. 12/28/20 Receipt and review of Plaintiff's Notice of Taking Video SWK 0.10 Deposition of Detective Danielle Whitfield. 12/28/20 Receipt and review of Plaintiff's Notice of Taking Video SWK 0.10 Deposition of Officer Daryn Whitefield. 12/29/20 Preparation of correspondence to Ms. Klein re: advising we AGB 0.20 have filed our Answer to Plaintiff's Complaint on behalf of Defendant, Mark Sohn. 12/29/20 Receipt and review of Co -Defendant, City of Boynton Beach's SWK 0.30 Answer and Affirmative Defenses to Plaintiff's Complaint. 12/29/20 Receipt and review of Plaintiff's Notice of Taking Video Taped SWK 0.10 Deposition of Officer Amanda Shepaum. 12/29/20 Preparation of Defendant's Motion to Strike filing of Defendant's AGB 0.20 Answer and Affirmative Defenses to Plaintiff's Complaint. 12/29/20 Preparation of Defendant, Mark Sohn's Amended Answer and AGB 0.20 Affirmative Defenses to Plaintiff's Complaint. 12/30/20 Receipt and review of Plaintiff McFadden's request for copies SWK 0.20 from facilities City of Pompano Beach EMS, Broward Health North, Palm Beach County Jail, & Phoenix ED Med of Borward, LLC by Co -Defendant. 12/31/20 Draft/Revise detailed medical chronology chart and updated JK 0.10 potential witness list based on records received from Plaintiff in Initial Disclosures from Pompano Beach EMS and determined additional discovery needed. Page 110 of 380 Client: City of Boynton Beach Matter: 20469 - McFadden v. CBB/Sohn PROFESSIONAL SERVICES Date Services 12/31/20 Draft/Revise detailed medical chronology chart and updated potential witness list based on records received from Plaintiff in Initial Disclosures from Broward Health and determined additional discovery needed. 12/31/20 Draft/Revise detailed medical chronology chart and updated potential witness list based on records received from Plaintiff in Initial Disclosures from Palm Beach County Sheriff's and determined additional discovery needed. PROFESSIONAL SERVICES SUMMARY January 20, 2021 Page 3 Attorney Hours JK 0.60 JK 1.30 Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 3.60 160.00 576.00 BLB Benjamin L. Bedard, Partner 1.30 185.00 240.50 JK Jaime Kehoe, Paralegal 2.00 110.00 220.00 SWK Stephanie W. Kaufer, Partner 5.00 185.00 925.00 Total Professional Services 11.90 $1,961.50 CURRENT BILL TOTAL AMOUNT DUE $ 1,961.50 Balance Forward: Payments & Adjustments: Total Due: 4,725.50 -3,391.00 $ 3,296.00 Page 111 of 380 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 55634 Bill Date: January 20, 2021 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 1,961.50 0.00 $ 1,961.50 4,725.50 -3,391.00 $ 3,296.00 1,334.50 $3,296.00 Page 112 of 380 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management January 20, 2021 Attn: Karen Klein Bill No. 55638 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470 -000396 -AB -01 BILL FOR FEES AND COSTS THROUGH 12/31/20 PROFESSIONAL SERVICES Date Services Attorney Hours 12/01/20 Review/Analyze of file to determine relevant documents in KLR 0.70 support of deposition of Officer Corey Henry/Boynton Beach Police Department on December 2, 2020. 12/01/20 Preparation for deposition of Officer Herny, including review of SWK 0.80 police report and Officer Sohn's testimony. 12/02/20 Attendance at deposition of Officer Cory Herny. SWK 0.90 12/11/20 Communicate/With Client correspondences to and form SWK 0.40 Kimberely Emberson of Brit Insurance re: recent short summary of recent depositions taken and Motion for Summary Judgment to be filed. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount KLR Kathryn L. Reeves, Paralegal 0.70 110.00 77.00 SWK Stephanie W. Kaufer, Partner 2.10 185.00 388.50 Total Professional Services 2.80 $465.50 Page 113 of 380 Client: Gallagher Bassett Services, Inc. Matter: 18187 - Readon v. Boynton Beach CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: January 20, 2021 Page 2 $ 465.50 240.50 -240.50 $ 465.50 Page 114 of 380 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 55638 Bill Date: January 20, 2021 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE $ 465.50 240.50 -240.50 $ 465.50 0.00 $465.50 Page 115 of 380 Consent Agenda 2/2/2021 Requested Action by Commission: Proposed Resolution No. R21-020 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Explanation of Request: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City - contracted vendor. The Financial Services Department sent an invoice to each property owner, to which no response was received within the required 30 -day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. How will this affect city programs or services? Fiscal Impact: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. Alternatives: The alternative would be to not place liens on the properties and not collect for the service provided. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Page 116 of 380 Grant Amount: Attachments: Type IRE)S()l LA ti 0 II'l Exhibit Description RE)SOkAboin approviing INUlisair C2, abatEKTIEslrlt E IC II1 IB II T A Page 117 of 380 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Community Standards to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit "A"; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS, the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit "A" attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above- described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" S:ACA\RBSO\Nuisance Abatement for 02022021 - Reso.docx Page 118 of 380 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2021, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RBSO\Nuisance Abatement for 02022021 - Reso.docx VOTE YES NO Page 119 of 380 EXHIBIT A First—Name Last_Name Address—Line-1 Address_Line _2 PCN Case Invoice Original Invoice Amount Now Owed Robert J. Emminger 12 Meadows Park Lane Boynton Beach, FL 33436 08-43-45-07-10-000-0120 20-157 62348 $503.09 $533.09 Willie Mae & J Murray 545 NW 11th Ave Boynton Beach, FL 33435 08-43-45-21-14-000-3580 20-1837 62345 $423.09 $453.09 Douglas M. Feeley 1331 NE 24th Ave Boynton Beach, FL 33435 08-43-45-15-07-007-0040 20-1408 1 623441 $423.09 1 $453.09 tt'O"'AI11. "G1,N93917 Page 120 of 380 C." Consent Agenda 2/2/2021 Requested Action by Commission: Approve amendments to the Fiscal Year 2020-2021 approved Capital Improvement projects for the 302 Fund (General). Explanation of Request: The City Commission approved a list of projects in September for FY 20/21 as part of the City's Capital Improvement Program (CIP) . However, on a much smaller scale it is recognized that some projects were added and/or changed since the initial inspection of the City facilities. Therefore, it is necessary to add projects as they occur during the fiscal year. To that end, staff will be providing additional project requests throughout the course of the year. In fact, these adjustments may occur on each future Commission meeting. Attached please find modifications to existing projects with proposed budget dollars. All projects will be funded by making budget adjustments with existing dollar projects. Based on the overall savings and the estimated budget for the new projects there is no need for a budget amendment rather adjustments to currently approved projects and the addition of two (2) projects in the FY 20/21 budget. How will this affect city programs or services? Facility maintenance work is critical to keep, restore or improve every part of a Facility/Building to a currently acceptable standard. Fiscal Impact: Budgeted The project budget adjustments merely recognize actual costs on a project level. The entire Capital Budget will always be neutral unless changed through a formal budget amendment process. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 121 of 380 Grant Amount: Attachments: Type AttacftrTIENI'lt Description C I F1 ArTIE)indirTIENI'lt Page 122 of 380 Assigned Project Location Project # Fiscal Year 2020-21 CIP FUND 302 (General Fund) (Request for Project Budget Adjustment) Approved Project Approved Project Funds AvaHaWe ffer Account Budget Amount Use IElsewhere GF2002 Golf Course - Parking Replacement �G,lf oject is being added and prioritized by Golf Course Manager due to irrigation failures d immediate need to replace system. 302-4501-572.62-01 $ I 225,000.00 225,000mProject is being delayed; Golf Course Manager has prioritized projects in CIP l GF2101 Golf Course - Security Camera System 302-4501-572.62-01 $ 75,000.00 75,(}00.0}C} Project is being delayed; Golf Course Manager has prioritized projects in CIP GF2102 Golf Course - Family Course Greens Replacement 302-4501-572.63-01 $ I 75,000.00 I 7F,(}C}C}.0}C} Project is being delayed; Golf Course Manager has prioritized projects in CIP —] TR2002 South East 36th Avenue (Gulfstream Blvd) Design 303-4905-580.63-08 $ 500,000.00 r2,F;C}C}.0}C} Project costs came in under budget New Project # New Project Location GF2103 Course -Irrigation Replacement �G,lf oject is being added and prioritized by Golf Course Manager due to irrigation failures d immediate need to replace system. GF2104 If Course - Fairway Mowers ject is being added and prioritized by Golf Course Manager due to need replace rPmrolwersimmediately lotlal Savings from Approved Projects I j> 407,5C:C:.C:C: Approved Project Approved Project Estiiurorated Costs for Account Budget Amount NewF'reject(s( 302-4501-572.63-01 $ 3.15,000 00 302-4501-572.64-02 $ 4:7,7(1(1(1(1 t0LII �,liin il(, d ( 0S. Peril IVrxvA/ 1: '1 Oj('Ul., 1407,7C1C1.C1C1 Totaall Sawaiiings fflroinn Approved Projects 1 $ 401,500.00 E put r8 IIFsWnated Cost II For New II"irojpacts I s 407, 400.00 Page 123 of 380 6.D. Consent Agenda 2/2/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 2/2/2021 Requested Action by Commission: Approve minutes from the City Commission meeting on January 5, 2021. Explanation of Request: The City Commission met on January 5, 2021 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: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description li ir: LA tE)s 0 1... 5...2 21 Page 124 of 380 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida On Tuesday, January 5, 2021, at 5:30 P.M. Present: Steven B. Grant, Mayor Ty Penserga, Vice Mayor Justin Katz, Commissioner Woodrow L. Hay, Commissioner Christina L. Romelus, Commissioner 1. Openings Lori LaVerriere, City Manager James Cherof, City Attorney Tammy Stanzione, Deputy City Clerk A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:31 p.m. Alan Karjalainen, Web Design Coordinator ITS, explained how the online meeting would proceed and how the public could participate. Invocation The Invocation was given by Vice Mayor Ty Penserga. Pledge of Allegiance Vice Mayor Ty Penserga led the Pledge of Allegiance to the Flag. Roll Call Deputy City Clerk Tammy Stanzione called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant added an announcement of new employees under the City Manager's Report. He added that there are events going on in the City, including the Crowns and Swords exhibition, the food distribution and a reading log challenge at the library. 2. Adoption Motion Page 125 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 Commissioner Hay moved to approve as amended. Commissioner Katz seconded the motion. The motion unanimously passed. 1. Other A. Informational items by Members of the City Commission Commissioner Katz wished everyone a Happy New Year. Commissioner Hay also wished everyone a Happy New Year. Commissioner Romelus disclosed that she spoke with Steve Scaggs, owner of Two Georges Restaurant and spoke with Jim Knight and Bonnie Miskel regarding the project that is on the agenda tonight. Commissioner Romelus also announced that she attended the DBC (Downtown Boynton Coalition) meeting headed by Kim Kelly. Vice Mayor Penserga disclosed that he spoke with Bonnie Miskel, Steve Scaggs, Jim Knight and attended the second half of the DBC meeting. He said his prayers are with those who were affected, the victims and the families of the recent gun violence in the City during the holiday season. Gun violence has no place in our City or any city for that matter. Mayor Grant announced on December 16th he attended the Mayors Call led by Mayor Scott Singer of Boca Raton, December 17th attended the Transportation Planning Agency meeting, also the utility luncheon and Pio Pio virtual ribbon cutting. On December 18th, he spoke with Clinton Forbes, Director of Palm Tran about how to better utilize the funding for the Palm Tran connection. December 19th, he attended an MMA fight at Museum 66 spoke with the promoter there and showed him around the new downtown. Attended a meeting with Hatzalah, a non-profit for emergency service organization. On December 31St, played golf with John Markey and Jeff Johnson of JKM Developers. On January 4th he attended the Downtown Business Coalition for a Better Brighter Boynton Beach. Spoke with Steve Scaggs, Jim Knight, Betty Dingam, and Bonnie Miskel regarding the Legacy project. 2. Announcements, Community and Special Events and Presentations A. Proclaim January 12, 2021 as Haitian Earthquake Memorial Day. Jane Marcel accepted the proclamation. Ms. Marcel shared her experience of the earthquake and thanked the Commission and the City for their support. Commissioner Romelus thanked the Mayor and the Commission for their continuous support of Haiti. JJ, a survivor of the earthquake, came to America shortly after the Page 126 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 earthquake. JJ has just graduated from Florida State University. She is just one of the millions of examples of the Haitian community and the Hattian people and their acts of bravery and strength. Commissioner Romelus requested a proclamation for next January 1 st for Haitian Independence Day. Commissioner Hay commented that he is honored to be part of this and supports it whole heartedly. He also noted that January 1St is Emancipation Proclamation Day. B. Proclaim Monday, January 18, 2021 as Martin Luther King Jr. Day. Alexandria Wilson, on behalf of MLK Committee, thanked Mayor Grant and the City Commission for recognizing Dr. Martin Luther King and asked that everyone on January 18th go out and spread love and unity throughout Boynton Beach. C. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 2021 Reverend Dr. Martin Luther King, Jr. Celebration. Eleanor Krusell, Public Communications and Marketing Director, commented that although we cannot celebrate Reverend Dr. Martin Luther King, Jr day as we originally planned on a large-scale event at Sara Sims Park this year, the MLK Committee came up with four initiatives for 2021. The first is to expand its community award. In the past, we have given awards in the categories of business, individuals, and non-profit. This year the committee has decided to add two categories: Educator of the Year and Youth of the Year. These will be announced on Facebook on MLK Day on January 18th and in addition we will highlight those who were nominated as well. The second initiative that they determined would be an educational program that will be provided through our City library. In addition, history showcase will be displayed in our library. We will be distributing complimentary children's books about MLK through our local vendor Pyramid Bookstore. The Committee will also work with the local schools to encourage educational components within their current curriculum. Lastly, we will be increasing our marketing efforts and a new initiative this year includes two 1-95 billboards and four digital marquees. Also, mark your calendars six months in advance for the I Have a Dream Unity Event at Sara Sims Park on Saturday August 28th and the MLK Committee and subcommittee will be planning this event after MLK Day. D. Announce Feeding South Florida Food Distribution Drive-Thru Events at the Ezell Hester Center, 1901 N. Seacrest Blvd., in January on the 7th, 14th, and 21 st, 2021 starting at 8am. There will be approximately 500 food vouchers available on a 1 st come, 1 st served while food supplies last at each event. Volunteer opportunities are available. Anyone interested in volunteering must register at www.volunteer.feedingsouthfiorida.org Mayor Grant noted that in addition, we are going to have a new event on Thursday called Crowns and Swords at our new City Hall. It will showcase of some of the new activities at the Arts and Cultural Center, including chess and fencing. The library has started our Page 127 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 adult reading challenge to read ten books between now and the end of March. Anyone who would like to participate can pick up the program at the library. 3. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Imon Karim, 214 NE 3rd Street, the founder of ABPAC (American Bangladesh Public Affairs Committee), commented that ABPAC took the initiative to decorate Sara Sims Park and looks forward to doing it again at a greater scale in the future. Invited the City, Mayor and the Commission to join them at the third annual International Mother Language Day. International Mother Language day is held on every February 21 st. It is a day to recognize all those who have fought to protect and keep their mother language. In 2000, NESCO made it official that no country has the right to discriminate against someone that speaks a different language. Would like to have the monument short Menorah placed at the park a week before and up to the week after. Awards will be handed out to language art teachers at the event on February 21 st Vice Mayor Penserga asked Mr. Karim to describe the statue to the Commission and inquired if it is temporary and mobile. Mr. Karim responded it is an international statue that has been designed and implemented in Bangladesh. The statue is made out of wood and will be fastened to the ground to prevent it from moving. He explained it is a temporary statue that he will place and remove. The statue will be located to the left side of the amphitheater for those who want to come and reflect. Mayor Grant stated that he has no objections of the statue being displayed for the two weeks provided that there is insurance. Mr. Karim responded insurance is in place and the City is listed as an additional insured and has already been given to Ms. Mary regarding the event. City Manager Lori LaVerriere asked for staff to have the opportunity to review the insurance for liability and safety purposes in terms of storm related issues or stability. This will be considered as part of the application for the special event. Commissioner Katz inquired if there is an open topic that City staff is going to get back to the Commission regarding monuments or structures at public facilities. Mayor Grant responded yes, yet this is temporary so this is not going to be permanent, similar to a Christmas Tree; it is only there for two weeks. Commissioner Katz inquired if the City has any existing policies that describes or allows for individuals or individual parties to erect temporary structures on government property. Mayor Grant told Commissioner Katz that he is welcomed to object. Commissioner Katz replied that he is not objecting, he is just asking if there are any existing rules and if not, it should be part of the discussion of temporary and permanent structures. Temporary or otherwise if there are no rules then Page 128 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 that means that anyone can do anything they want. He asked if it would be bias to accept or reject any one request on a case-by-case basis. Commissioner Hay stated that he does not have any objections either. His understanding is that the policy is with Legal who will bring back a report on their findings to the Commission and at that time there will be a discussion on what is and is not allowed. Commissioner Katz stated he is not against this. There should be a policy in place just to avoid what happened in Boca Raton a couple of years ago where an anarchist type symbol was placed on public property to prove that the rules should exist. Kim Kelly, owner of Hurricane Alley and Coordinator of the Downtown Business Coalition (DBC), commented that she remembers the earthquake in Haiti. She has eight employees that are from Haiti and still have family there. She thanked Commissioner Romelus for bringing this forward with a proclamation. She then gave an update on the progress of the DBC. The DBC would like to put together an event in the next few months that will have tastings of the local restaurants. Would like to have support of the CRA and the City to promote downtown Boynton Beach. Asked that the City keeps the lights up at Dewey Park year-round. She expressed thanks for all the support they have been getting. She said we do not have a chamber of commerce or a downtown authority, so we are trying to step in help out. Mayor Grant inquired about extending the light contract until Easter. City Manager LaVerriere commented that the contract is through the CRA and she will check with Mike Simon. Mayor Grant informed Ms. Kelly that Ocean Avenue is a City owned street and it should be no problem to shut it down for their event. Commissioner Romelus commented that she would like to correct the record. Technically we still have a chamber that merged with the Boca Chamber so that is still a partnership that is present and active. Members of the business community can still participate there. Margaret Newton thanked the City and the Marketing Department for the beautiful Kwanzaa display. Sandra Harvey stated she was excited about the great things that are going on in the City of Boynton Beach; however, she is concerned about the recent violence that needs to addressed as it effects the entire City. She asked that a meet and greet with the police department be put together. Mayor Grant thanked Ms. Harvey for her input and concern. He said we have a neighborhood officer program and hopefully the CRA will be able to enhance police effort. Vice Mayor Penserga commented that gun violence is something that troubles him; mass shootings are always in the back of his mind. He would also like to state that gun violence comes from many places, obviously some can be domestic. He is hearing that lot of the individuals are coming in from other cities and meeting up in Boynton is one of the biggest Page 129 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 problems. Would like to know if the City is working with other police departments and what kind of progress is being made. If we inherit other cities' problems, it is not helping anybody. He is aware that there was an unpermitted event that took place during the holidays. He would like to see more clamping down on these large scaled events that are not permitted. He expressed that he feels this may have prevented some of the people coming to Boynton. Vanessa Belmonte said she is moving to Boynton Beach on January 13th and is very excited about joining the community. Would like to see more greenspace in downtown Boynton instead of another condominium. She is joining the DBC and would like to see an extension on the zoning decision for the Legacy project. Dr. Stephanie Hadden-Adeyemo, 2181 SW 15th Avenue, condo N102, said the City has a lot of concrete and she would also like to see more greenspace and wants to build communities and not concrete jungles. Commissioner Katz clarified that the item that is on the agenda later is privately owned property and it is a private developer with land coming to the City. He said he wanted to make sure everyone was clear on the fact that it is private property. Bernard Wright, President of the Community Review Board, CEO of Bernard Wright Ministries, Realtalk Radio, Robert E. Wells Foundation, commented that the City should have been prepared for the event that took place at Sara Sims Park; it happens every Christmas and New Year's Eve. We do need to come around the table: The Mayor, the Chief of Police, financial advisors, David Scott, everyone else, to curb gun violence. Inside our community there are things we can do for preventive measures. Control the gun violence in District 2. Michael LaBonte, 214 NE 3rd Street, introduced his local security camera business. 4. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Commissioner Katz nominated Ms. Wilkinson for a voting student member on Education and Youth advisory. Seconded by Vice Mayor Penserga. The motion unanimously passed. Mayor Grant tabled his appointment of a member to the library to the January 19th meeting. Commissioner Romelus moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. Mayor Grant nominated Victor Gaud for the Recreation and Parks Board. Commissioner Katz seconded the motion. The motion unanimously passed. Page 130 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 Commissioner Katz, tabled his appointment to the Recreation and Parks Board until the next meeting. Mayor Grant asked to remove from the table his nomination to appoint Sarah Brown to the Library Board. Commissioner Katz seconded the motion. The motion unanimously passed. Mayor Grant nominated Sarah Brown to the Library Board. Commissioner Romelus second the nomination. The motion unanimously passed. Commissioner Katz nominated Joel Barsky to the Recreation and Parks Board. Commissioner Hay seconded. The motion unanimously passed. Vice Mayor Penserga, asked staff to advertise open positions on the advisory boards. Would like to see a greater pool of applicants. Commissioner Hay was under the impression this was already being done. Asked the City Manager to comment on this. City Manager LaVerriere responded that the vacancies and openings on the boards are listed in the monthly newsletter. We also use every platform available to put this information out to the public. B. Approve the request of Mayor Grant to distribute $200.00 of his Community Support Funds to the Boynton Beach Garden Club. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. C. Authorize City Commissioners to attend the National League of Cities Congressional City Conference from March 7-10, 2021. The Conference will be online. Mayor Grant, Vice Mayor Penserga, Commissioner Romelus and Commissioner Katz said they will not be attending the Conference. Commissioner Hay inquired about the fee of the conference. Mayor Grant responded that there is an early bird fee of ninety-nine dollars until January 15th; after that the fee will be hundred and forty dollars. Commissioner Hay also declined going. Page 131 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 The City Manager explained that if anyone on the Commission changes their mind, they can be registered later. 5. Consent Agenda Matters in this section of the Agenda are proposed and recommended bythe City Manager for "Consent Agenda" approval of the action indicated in each item, with all ofthe accompanying material to become a part of the Public Record and subject to staff comments. A. Legal Expenses — November 2020- Information at the request of the City Commission. No action required. B. Proposed Resolution No. R21-001 -Assess the cost of nuisance abatement on properties within the City of Boynton Beach. C. Approve reduction of performance bond #PB12270900120 from current amount of $1,823,110.39 to $673,500.00 for the completion of the paving, grading and drainage improvements in association with the Riverwalk Project. (Mayor Grant pulled this item) Colin Groff, Assistant City Manager, explained that all the site work covered by this portion of the bond has been completed. Once the work is complete, the bonds are released. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. D. Proposed Resolution No. R21-004- Authorize the City Managerto sign a Vendor Services Agreement for the solution provider services and software maintenance/support of Laserfiche, the City's enterprise content management system, with Information Consultants, Inc. of Miami, Florida for an initial (1) year period with (4) one-year renewal periods. E. Proposed Resolution No. R21 -005 -Amend the FY 2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the General Fund (001) for the Central Square Agreement entered into on Agenda Item 12.15.20 Resolution R20-138. F. Approve minutes from the City Commission meeting on December 1, 2020. Motion Commissioner Katz moved to approve the remainder of the Consent Agenda. Commissioner Romelus seconded the motion. The motion unanimously passed. Page 132 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 6. Consent Bids and Purchases Over$100,000 A. Approve the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18. The Florida Sheriffs Association contracts meet the City's procurement requirements. Proposed Resolution No. R21-006 - Approve and authorize the City Manager to sign a piggyback agreement with Alan Jay for one (1) Chevy Silverado extended cab 4X4 for Utilities in the amount of $31,239.00, two (2) Chevy Silverado Crew Cab 4X4's for Utilities in the amount of $63,984.00, and one (1) Ford Transit Van for Police in the amount of $24,616.00. These units utilize the FSA20-VEL 28.0 contract. Proposed Resolution No. R21-007 - Approve and authorize the City Manager to sign a piggyback agreement with Duval Ford for two (2) Ford F-250 pickups for Utilities in the amount of $64,523.00, two (2) Ford F-350 dump trucks for Utilities in the amount of $93,887.00, two (2) Ford F-550 mechanic trucks for Utilities in the amount of $244,493.00, two (2) Ford F-350 4X4 service body trucks for Utilities in the amount of $93,171.00, one (1) Ford Transit van for Utilities in the amount of $48,207.00, and one (1) Ford Escape for Utilities in the amount of $28,742.00. These units utilize the FSA20-VEL28.0 and FSA20-VEH 18.0 contract. Proposed Resolution No. R21-008 - Approve and authorize the City Manager to sign a piggyback agreement with General GMC for two (2) Autocar Automated Side Loader Garbage trucks for the Solid Waste in the amount of $620,398.00. These units utilize the FSA20-VEH 18.0 contract. Proposed Resolution No. R21-009 - Approve and authorize the City Manager to sign a piggyback agreement with Palm Truck for one (1) Peterbilt Automated Side Loader Garbage truck for Solid Waste in the amount of $281,498.00. This unit utilizes the FSA20-VEh 18.0 contract. Proposed Resolution No. R21-010 - Approve and authorize the City Manager to sign a piggyback agreement with Southern Sewer for one (1) Peterbilt with Vaccon Sewer Vac system for Utilities in the amount of $490,617.00. This unit utilizes the FSA20-EQU 18.0 contract. Page 133 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 B. Proposed Resolution No. R21-011- Approve a contract with Foster Marine Contractors for the Force Main Isolation Valves project, Bid No. ITB 040- 2821-20/TP in the amount of $898,775.00 plus a 10% contingency of $89,877.50 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $988,652.50. C. Proposed Resolution No. R21-012- Approve a contract with Southern Underground Industries, Inc. for the 24 -inch Raw Water Main Extension - Little League Park to East Water Treatment Plant project, Bid No. ITB 039-2821-20/TP in the amount of $690,929.06 plus a 10% contingency of $69,092.91, if needed, for staff approval of change orders for unforeseen conditions, for a total expenditure of $760,021.97. D. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for January 05, 2021- "Request for Extensions and/or Piggybacks." Motion Commissioner Hay moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. 7. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 20-034 -1st Reading -Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU -C (Mixed -Use Core) with a master plan for 274 multi -family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Bonnie Miskel, Dunay, Miskel& Backman, LLP. (TabledfromtheOctober6, 2020 Commission meeting.) B. Proposed Ordinance No. 20-035 -1st Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right- of-way of SE 1 st Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. (Tabled from the October 6, 2020 Commission meeting.) C. Approval of Legacy at Boynton Beach (NWSP 20-003) new site plan application for a mixed-use development consisting of an eight (8) -story Page 134 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Bonnie Miskel of Dunay, Miskel & Backman LLP. (Tabled from the October 6, 2020 Commission meeting.) Mayor Grant asked that Items 7A,7B and 7C be heard as one item. Motion Mayor Grant asked for a motion to remove from table. Commissioner Hay made a motion to remove from the table. Commissioner Katz seconded the motion. The motion unanimously passed. Attorney Cherof read Ordinances No. 20-034 and 20-035 into record, by title only on first reading. Bonnie Miskel, Esq., of Dunay, Miskel & Backman LLP, gave a presentation on Legacy at Boynton Beach. Mayor Grant thanked her for the presentation. Inquired about an additional curbside pickup spot along Federal Highway where the retail locations are. Ms. Miskel asked Mark Rickards to respond to the Mayor's inquiry. Mark Rickards stated that he was sworn in. He said he does not see a problem with adding another curbside pickup spot. The 10 -minute spot was not part of the parking count. Commissioner Hay inquired about the where the surface parking spaces are located. Ms. Miskel responded that the parking is split between SE 2nd Avenue and Federal Highway. Per the Mayor's request, we will be creating the additional spot on Federal as well. Vice Mayor Penserga expressed concern with parking. How will the people know where to park and be able to access the retail shops? Ms. Miskel responded that they want to make the parking convenient not only to the shops but also access to the public. There are seventy-five spots immediately behind all of the retail; there is no island like there is with Casa Costa. Additionally, there is on -street parking on Federal Highway. Also, there is convenient parking for the residents on the ground level as well as all levels of the residential area. Mayor Grant opened to public comment. Tony Mauro, land owner a block north of the project, said hat Planning and Zoning voted six to one against the project. Closing Southeast 1 st would devast the building and the properties. Ocean Avenue floods every time there is heavy rainfall and the only way to get around is through SE 1St Avenue. The masterplan does not state taking a road from Page 135 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 other citizens in your City. To reference the masterplan to support what they are doing is unacceptable. How is this going forward with a six to one vote against the project from the Planning and Zoning Board? Mayor Grant responded that there was no issue getting to SE 1St Avenue from 618 East Ocean Avenue. He said he understands his concerns that abandoning this entrance and exit will diminish traffic to his businesses and it will make it more difficult for the residents of Coastal Tower. However, the reasonableness of that difficulty is not necessarily a great concern of their quality of life, because we are not adding hours to travel time. The closing of Southeast 1 st Avenue will help traffic in the future with getting a light on Ocean Avenue and 6t" Street. Commissioner Katz said he agreed with the Mayor; the closure of the street is not of serious concern to the citizens or residents that use the adjacent 6t" and 2nd Avenue or Ocean Avenue as a way to get out. Vice Mayor Penserga commented there are legitimate traffic issues caused by having that side street open. FDOT wants SE 1 st Avenue closed and it should have been closed ages ago. Attorney Cherof reminded the Commission that we are in the midst of a Quasi -Judicial Hearing and the burden is on the applicant to establish all the facts to support passage of these items. The applicant has made their presentation and now other interested parties are in the process of testifying. The testimony and permit the applicant to offer additional testimony and then at that point if appropriate ask City staff if they have additional facts or opinions to offer. He explained that the Commission was ahead of the game with debating back and forth with the current speaker. Jim Knight, 740 Havana Drive, Boca Raton, said he has owned property in Boynton Beach for seventeen years. He has been involved with other development at the south end of town where the Walmart is. There was a lot of opposition back then saying it was going to destroy the neighborhood. It actually spurred development. It is time for a positive project in this location. Jason Evans, with Attorney Evans Law, said he represents the Mauro family of 618 E Ocean Avenue and Robert Reed of 630 E Ocean Avenue. He explained they were retained because both parties oppose Ordinance 20-035 as well as the site plan. They don't oppose the development in this area, they oppose the abandonment of SE 1st Avenue. This road is a major artery for access in and out. Attorney Evans read into record the recommendation paragraph on page 405 from the agenda packet and said he finds this to be incorrect. The Planning and Zoning Board voted six to one against the project. He asked why it was not given any weight and still everyone moves forward. We have not heard confident and substantial evidence as to why the abandonment is necessary. Let's figure out a better solution and not go to ligation to figure this out. Do the right thing and not rush this through. Christina Reed, 630 E. Ocean Avenue, said she has taken the oath. She said she uses SE 1St Avenue many times a day. One of her business's selling points is the longevity of Page 136 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 location as well as the ease of access of parking and entering Robert Nebb, 640 E Ocean Avenue, said if you were living in one of the elder communities just east of this property and had to wait an extra three minutes for an ambulance, you would not be taking the slight delay so lightly. It is wrong on so many levels to abandon SE 1 st Avenue. Steve Scaggs, owner of Two Georges Restaurant, said he believes as a business owner in the City that this will be a very good for the local businesses. By increasing the density, we can fill up the vacant commercial stores. We need the people who can walk to the stores and to the restaurants in the area. Really believes this will be a benefit for everyone in the area. Susan Oyer, 140 SE 23 Way, was sworn in by Attorney Cherof. She commented that there is a reason why the Planning and Development Board voted six to one against it. Architectural style is not a coastal looking building. The eight -story building is not compatible to the area. There are single family homes and two-story apartment buildings on the south side. The damage to the homes that will be caused by pounding of the foundation every day for at least six months. The damage the construction of the new building will do to existing property is unbelievable. Let's put in office buildings, let's put in jobs let's not put in 274 apartments with all the water usage that our septic cannot handle. Kim Kelly, owner of Hurricane Alley and coordinator of the DBC Said we want development, but smart development. By closing one street, you will be causing a lot of chaos. There are ten to fifteen trucks a day delivering to her restaurant and to Ocean Market. She said there were three accidents at Federal and Ocean over the weekend and this is only going to get worse, it's not going to get better. We really need to come together and think of a comprehensive plan that will work for the developers and the community. The architecture of the building does not mesh and you are going to have a mixed matched looking downtown. It wouldn't hurt to get together with the DBC, some other people and the developers come together to come up with a better plan. Khalil George, Marina Village, said he does not see how this project will bring healing to current business owners and the community. Please consider an alternative. Bernard Wright, 713 NW 2nd, President, Robert E. Wells Foundation Street, commented that SE 1St Avenue should not be removed. The City should be concerned about their citizens and not about the development. Please listen to the people. Mayor Grant closed Public Comment Commissioner Hay asked has the developer explored alternatives to keeping SE 1St Avenue open. What would be the negative impact on the project? Ms. Miskel responded the partial closure was something they were asked to do. It was evaluated by the DOT who was not in favor of SE 1St Avenue open. Technical experts have evaluated the amount of traffic was insignificant. SE 6t" could potentially be a full Page 137 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 intersection, with the closure of SE 1St Avenue. That option causes a better reality; the nominal amount of traffic that is on SE 1St Avenue today would be moved to SE 6t" Street to the intersection which would better support the option for a full intersection and a traffic light making conditions safer. Currently SE 1St Avenue is only a right in and a right out it is not a full opening which makes use of SE 1St Avenue limited. There seems to be a lot of confusion about drainage and somehow the closure of SE 1St Avenue resulting in greater drainage problems. Actually, we are part of the solution as it relates to drainage. The biggest problem today is the older subdivisions that haven't had redevelopment are based on old standards or no standards and did not retain the water and forced it into the rights-of-way or on to other people's property. We are going to improve the drainage conditions for two reasons: 1. Because of the new development, we will be held to more restrictive rules and regulations and go through a stricter application process with the water management district and the City. 2. We are going to be rescinding water that was being dumped on SE 1St Avenue because that area will be part of our project. Commissioner Hay inquired have other alternatives been explored to closing SE 1St Avenue. Keeping the street open and building a connection over that avenue. Ms. Miskel explained she couldn't tell if it ever has been explored; it has not been explored since her participation. You would lose significant amount of your first floor commercial. You would also lose parking. It would constrain your parking structure which the building is wrapped, so you would have problems with that. Commissioner Hay commented that it boils down to dollars and cents. He asked Ms. Miskel if they have taken a look at other options other than closing up that street. Ms. Miskel explained that Mark Rickards has been involved in the project longer and may be aware of those conversations. She reiterated that DOT was not in favor of SE 1St Avenue staying open. So, it wasn't just dollars and cents, it was also a technical agency saying that it is not ideal from the perspective of roadway management. She said she would let Mr. Rickards speak to Commissioner Hay's question about whether they looked at a redesign option. Mark Rickards said there is a two-part answer to the question. One is something that should really be elaborated on by Adam Kerr or Josh Horning. Adam Kerr is a traffic engineer and Josh Horning is a civil engineer of record. The design on SE 1St Avenue allows for a 3 -point turnaround for fire trucks, for trash trucks and a wb-40 truck. Wb -40 just means how long the trailer is and that we have accommodated that in SE 1st expanded driveway. There is also a loading zone on SE 1St such that all of those kinds of trucks can make a 3 -point turnaround. If you design a tunnel for lack of a better word, such that a wb-67 truck which is the largest semi -18 wheeler design could somehow go through SE 1St and if they did, the tunnel opening would have to be very large both for site triangle purposes when they turn out and it is a right out only onto Federal so that when they turn out they have a safe site triangle looking at the traffic going northbound on Federal. Also, just making the truck turn, that is a huge truck trailer that makes a very wide radius when they turn. So, for that reason together with our feedback from DOT and Page 138 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 from their perspective, less driveways in proximity to the intersection is a better thing and that is why we went forward with this design. Mayor Grant explained if there are no further questions from the Commission to the applicant, the applicant can respond to the comments made earlier. Ms. Miskel said there was a comment made about there is no confident evidence and she thinks that the person making that representation just does not understand the process. The City goes through a very detailed analysis and review. Technical data is filed, traffic statements, site plans, other plans that are required to demonstrate that we meet the requirements of the code. You go to staff level meetings where you meet with all the different disciplines. They include traffic, utilities, police and fire, drainage is analyzed, your engineering department is involved and conditions come out of their review. There are many technical experts that touch these plans and files and they scrutinized them for consistency. At the end of the process, your staff concluded that we meet the requirements of the law that our plans are compliant and the conditions that your staff believe are necessary to enforce your rules are adopted and incorporated in the packages, and we agree with all of them. At the end of the day, each report provides your technical experts recommendation on whether we meet the requirements of the law and it is in that report and that they concluded that we did on all three of our applications. Ms. Miskel then addressed Ms. Oyer's concerns. She said that she knows Ms. Oyer works hard to make the city great as do all of the people who are sitting on the dais and the staff members that review these applications. While Ms. Oyer may not like the architecture, the vision was established in 2016 allowing that piece of property to go up to 150 feet. She said they were not anywhere near there, are compliant with the requirements of the code, that is what has to be proven and the reports that have been provided and the application analysis supports the conclusions in those reports. She said they are part of the drainage solution. The properties that exist to the east, north and south were not designed to meet the standards that the governments, both the City and the water management district, require of development today. By redeveloping this site, we are going to make it better just for that reason, but if part of the road is abandoned, we have to absorb the water that would be crossing that road. It would be coming on to us and we would have to come up with a solution to handle it. So sometimes in some instances the new development bears the burden of the old because the old did not address and plan properly because 50 years ago they didn't have any rules. We are also contributing in that regard too. The City's technical experts have looked at this under a microscope and they have concluded in every regard that our application is compliant and we meet the requirements of the law. There is a problem out on SE 1 st Avenue today and I will not disagree with the neighbors in that regard but it is their parking of cars, not trucks. The standards 50 years ago did not require the parking demands that exist today. Now we do not have a parking problem, they do and they are parking on SE 1 st Avenue. There is no way if you look at those pictures that a large semi could even get through SE 1 st Avenue to get to Federal Highway because of the cars that are parked on the roadway not even swale but on the roadway. We are adding spaces that we do not restrict. There Page 139 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 will be on -street parking on both sides of SE 2nd and on Federal Highway that anyone can use. We are going to be part of that solution too. You know we cannot fix all the problems but we are coming to the table with a lot of solutions. If this project is not approved, those solutions go away. If I have not responded correctly, please feel free to ask further questions. Mayor Grant requested an enhanced bus stop. He said he believes there is currently a bus stop in front of the pantry and asked if this is part of the current site plan. Mr. Rickards recalled there being a bus stop and said they are certainly amenable to having an enhanced bus stop. He recalls reaching out to Palm Tram about whether they thought that location was the right location or whether further north from where it was would be better. Mayor Grant made a condition that the developer provides an enhanced bus stop location that includes a shelter unless there is an overhang at that current spot. He asked the City Attorney if the City was allowed to put a condition on approval that any developer speaks to the CRA so that a TIF agreement can be created so that any of the current businesses that may be pushed out can be included in a project that is reasonable. Attorney Cherof replied that the real answer is "no." The City can request that they speak with the CRA, but cannot make it a condition of approval. Mayor Grant inquired in regards to the bus stop and the curbside parking space, if he can make that a condition of approval. Attorney Cherof replied those can be made a condition of approval with the support of the Commission. Commissioner Romelus said she supports the condition of approval with adding the enhanced bus stop. She then asked the applicant what is the percentage of affordable housing. Ms. Miskel responded that she is referring to them as attainable; that is the intent that they are entry level and they are smaller units. It is approximately 10% and we have a very large number of one bedroom that are over the 750 number. They are 875 square feet and the market now for that type of unit probably would qualify as well. That is not to say that there will not technically be more attainable, but the ones that are absolutely under the 750 mark that would be considered attainable in accordance with the City's ordinance, a total of twenty units. Commissioner Romelus asked for clarification on the City's ordinance and if this application or this applicant is using the ordinance and how they qualify. Colin Groff, Assistant City Manager, explained there are two portions of the ordinance. One is what we call right the affordable and workforce housing ordinance where you can gain additional density and height which this project did not need the height; they were not asking for it. The other part of the ordinance is building the smaller units within the price range that fits the attainable housing and that is the area that this particular project is applying for. So, they have to meet those requirements those percentages of units that are smaller than the 750 square feet which then meets the attainable housing. He said it Page 140 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 is sort of confusing and this is one of the things that staff is actually bringing back to the Commission. He said there will be a conversation on that in which staff will be making some recommendations on some changes because it is a fairly confusing ordinance right now. Basically, there are two parts of it. If they want the additional height, they have to provide a certain percentage. They do need the additional height so they are providing the small units at the affordable range to meet the requirements of the code. Commissioner Romelus asked Mr. Groff what is the percentage of the units that they have to make that to in order to receive the benefits of the ordinance. Mr. Groff responded that is a one-to-one, so if they needed an additional 20 units to make their project work, they have to provide 20 units of attainable housing. If they needed 30, they would need to provide 30 units of attainable housing. Commissioner Romelus inquired about the road that is being closed, 1 at, if it will allow for enhancements to be done, a light to be added and drainage to corrected on 6t". Mr. Groff answered that it would and added that DOT is in the planning stages and the City is participating with DOT to plan an intersection improvement at Ocean and 6t". It is a long answer to why staff is recommending closing a portion of SE 1 st and it is actually the same reasoning that we closed SE 1St on the other side of Federal when Ocean 500 was built and why we recommended closing NE 1St on Ocean One and the same reason we are going to recommend closing NE 1St on the northwest block. All the reasonings are because these intersections are within 200 feet of a major intersection which is Ocean and Federal and then the north ones are within 200 feet of a major intersection of Boynton and Federal. The applicant is proposing drainage improvements on SE 2nd Avenue on their property. Staff also added a condition to the project that the applicant will also improve a sewer line that is on SE 6t" Street. The size is correct, but it is an older line and we want to upgrade. The City will participate in this because it is off-site and it is not required for the project, but we want it done since we are working in there. Vice Mayor Penserga stated that his questions have been answered, which were about FDOT. The question that was brought up earlier was were there competent reasons to close SE 1 st Avenue and if FDOT says it should be closed and our traffic data and we can clearly see it is not large enough for all these trucks. The applicant is making contributions to improve SE 2nd and the intersection we spoke earlier at 6t" and the sewage. He explained that he received what he was looking for: legitimate data by professionals that suggest that for safety concerns that should not have been open in the first place. Safety is obviously what we are looking for. He asked if the comments about sewage could be addressed because the comments questioned the validity or the accuracy of the staff report. Mr. Groff replied that the sewer system has plenty of capacity for this project and all the other projects planned in this area. Utility is planned for these projects for many years that have built the infrastructure. Some of the piping systems that are in place are older systems and when projects are built, we like to try to replace those because it is easier to replace it when a project is being built than waiting until it is finished, because they are already constructing in the area. This project will contribute to taking some of the water Page 141 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 off that intersection. The flooding at the Marina Village intersection is generally caused by the High King Tide. It is going to be difficult to completely solve without raising the road. We are looking at that as part of the intersection improvement. Yet you have existing businesses that you cannot flood. So, until those businesses are all redeveloped over time, we will be able to make additional improvements. The King Tides are something we are struggling with like every other coastal city and it has nothing to do with development. Commissioner Romelus asked, as a follow up to Ms. Oyer's concern with the foundation, if Mr. Groff could elaborate on the concerns. Mr. Groff replied that there are two issues. One is when we review the permit plans, we do look at how they are going impact the businesses around them. We generally add conditions to the permits when we think there is going to be an issue. They have to put vibration monitors out and they have to monitor that vibration. Most contractors do that anyways because they understand these types of claims. Now going to the question about the claims, the claims are between two private property owners so the city is not one of the claimants on those. If private property believes another private property damages, it is a private issue and what generally happens is that one private party goes to the other private party and they deal with the issue. What the City does is try to ask the contractors and requires the contractors to put out the vibration monitors where necessary so it really helps both parties determine if whether or not there was something that would have exceeded the allowable vibration while they are compacting soils. It also depends on the type of construction that they are going to do, whether they are doing vibratory compaction, are they putting it on piles or depending on how they are going to do it. He explained that all of that is reviewed in the permitting stage and it has to meet all the Florida building codes, national building codes and it has to be signed and sealed by a professional structural engineer. Commissioner Katz stated that there are residents for and against this. There are businesses that are for and against this. He said he is in support of this project with some shaping around the edges that still needs to be done. It is important to know that the City does have a planning review board that the did not support this project as presented, but that board consists of a handful residents who were appointed by the five members of the Commission versus the City Commission which are elected in public elections by thousands of voters. He clarified that one of the initial speakers against the project said that independent experts had not supported this project. That is contrary to all the facts that every expert has said that the traffic pattern would be improved by this project. The only group that did not support this was a handful of appointed residents. I respect their opinion, but the advisory board serves at the will of the Commission and ultimately it is our responsibility take their recommendations and do with them as we please. This elected body is a group of residents who live in the City of Boynton Beach who have been put in our position to make these decisions by thousands of other residents. He explained that we take the expert advice of our staff, the input of our residents, which can be conflicted as stated and that we are making decisions that each of us believes are the true best interests of the City of Boynton Beach. Mayor Grant said he feels that the experts provided sufficient evidence of what is needed Page 142 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 for the abandonment for the rezoning. Motion Commissioner Katz moved to approve Ordinance No. 20-034 on first reading. Commissioner Romelus seconded the motion. The motion unanimously passed. Deputy City Clerk Stanzione called the roll. The vote was 5-0. Commissioner Hay moved to approve Ordinance No. 20-035 on first reading. Commissioner Romelus seconded the motion. The motion unanimously passed. Deputy City Clerk Stanzione called the roll. The vote was 5-0. Vice Mayor Penserga made a motion to table the site plan (Item 7C) to the next meeting. Commissioner Katz seconded the motion. The motion unanimously passed. 8. City Manager's Report Mayor Grant commented that he believes we have new people working for the City of Boynton Beach. City Manager LaVerriere responded that there are and she was delighted to introduce a few folks. She noted that everyone may hear a different voice clerking for the meeting tonight and that is Deputy City Clerk Tammy Stanzione who was promoted and appointed to the Deputy City Clerk position recently. She has been with the City for about 12 years now. She congratulated Tammy who she said is getting thrown right into the fire as City Clerk Crystal Gibson is going to be having her baby very soon. Ms. Stanzione will get to hold the fort down for a few months. City Manager LaVerriere announced that Glenn Weiss is the City's new Public Art Manager. Mr. Weiss comes from Jacksonville and their public art program. He has over 30 years of experience working with cities, counties and museums. He started with the City last week. She asked him to say a couple of words. Glenn Weiss, Public Art Manager, thanked the City Manager. He commented that he is really pleased to be here, this a terrific City with an amazing staff in terms of their friendliness and willingness to welcome him in and he really appreciates that. He said he looks forward helping the City move forward with their Public Art Program. Commissioner Romelus noted that she was in Jacksonville over the holidays and she would have paid more attention to the art work but from what she did see and pay attention to, it was very nice driving through downtown. She said she is looking forward to what Mr. Weiss will contribute here in Boynton Beach and thanked him. Page 143 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 City Manager LaVerriere welcomed the new Fire Chief Jim Stables to the team. She said that he comes to the City from Tennessee where he served for the last 3 years as the Chief but has served over 30 years in fire services in Florida. He jumped right into the profession right after high school to become a firefighter and has a lengthy bio that she would not read, but would be happy to share with anyone, any of the bios of the new team members. Jim Stables, Fire Chief and Director, Fire & EMS Services, thanked City Manager LaVerriere. He commented that it has been a whirlwind for the first few days he has been here and he is really excited to get down to work. He said "thank you" for selecting him, that this is a great community and he looks forward to getting busy. City Manager LaVerriere thanked Ray Carter for serving the City for so many years as Assistant Chief and our Fire Chief. She said he helped the City out in a difficult time. Mr. Carter stated it was truly his pleasure to come back and assist. It was a difficult situation and he had days that he thought he had lost my mind when he agreed to do this. There were also many, many days that reassured him that the staff here is supportive and willing to work hard to get through the tough times and every step of the way he was supported by City Hall, the firefighters, and by other department directors in the work they had to do. He said he is happy to be retiring again, truly will not be far and will keep in touch. He thanked everyone for their support. 9. Unfinished Business — None 10. New Business — None 11. Legal A. Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50- 2020CA012780-XXXX-MB Attorney Cherof stated that the Florida Statute requires him to request closed door sessions with the Commission publicly, which he is doing tonight. Requesting that closed -door session in the City of Boynton Beach vs. JKM BTS Capital, LLC case. He explained that earlier in the day, he provided the Commission with the defendant's answer and we do have things to talk about. Page 144 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 He said that they can probably conclude their discussion within an hour. There was a Commission consensus to have the attorney-client session at 4:30 p.m. on January 19, 2021. 12. Future Agenda Items A. Hear a presentation by David Scott, Director of Economic Development and Strategy, on the City's Tourism Strategic Plan. - January 19, 2021 B. Staff will present a Legislative Priority List for the Commission's consideration and adoption - January 19, 2021 C. Per the request of SFWMD, staff will prepare a year round irrigation ordinance for the Commission's consideration which comports the District's Mandatory Year -Round Landscape Irrigation Conservation Measures Rule - January19, 2021 D. A presentation of the City of Boynton Beach Operations Performance Management Dashboard. - January 19, 2021 E. Attainable Housing Discussion - January 19, 2021 F. Mayor Grant requested information on the water quality of canal systems within the City. - February2021 G. ILA for transfer of the Boynton Beach Women's Club from the CRA to the City - February 2021 H. ILA for Sara Sims Park Pavilion Improvements - February2021 I. Vice Mayor Penserga requested a discussion regarding a City Mural Program - March 2021 J. Staff will present the City's 15 -year Roadway C I P plan and demonstrate the software and data collected to implement this plan. - March 2021 K. Present option for management of canal assessment program - March 2021 L. Discussion on funding for expanding Wi-Fi to City parks. - TBD M. Discussion of LOI process for sale of city land - TBD Mayor Grant said he spoke with Lucia from Vice Mayor Weinroth's office and she stated that there are five thousand doses in Palm Beach County for a population of one and a half million. She mentioned to him about having a letter from either himself, the City Commission or City Manager to Dr. Alonzo to get us a little bit ahead or just know where we stand in the regards to the department of health's decision on the distribution of the vaccine. So, we can create rollout for fifty-five and assisted living facilities for the vaccine. Page 145 of 380 Meeting Minutes City Commission Boynton Beach, Florida January 5, 2021 Vice Mayor Penserga stated that he could not agree more. He disclosed that he spoke with County Mayor Dave Kerner about this issue and also spoke to Bob Weinroth. He said he spoke to them both informally about this and was just waiting for more answers. Alan Karjalainen, Web Design Coordinator, stated as a reminder, a recorded version of this session would be posted to the City of Boynton Beach's YouTube channel. Links to that channel are available on the City of Boynton Beach's website, at www° oynton each° r. This concludes tonight's meeting. 13. Adjournment There being no further business, the meeting adjourned at 9:16 p.m. ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Ty Penserga Commissioner—Justin Katz Commissioner—Woodrow L. Hay Commissioner— Christina Romelus Page 146 of 380 7.A. Requested Action by Commission: Approve Phase 1 of Task Order UT -1 E-03 with Gentile Glas Holloway O'Mahoney, in the amount of $100,000.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E for the preliminary design for the improvements of Fire Station No. 3. Explanation of Request: I n April, the City issued PO No. 201126 in the amount of $4,650 to Gentile Glas Holloway O'Mahoney and Associates, Inc., to develop a conceptual plan (see Attachment 1 — Concept Plan), which included the layout of a new fire station that would allow the existing fire station to remain in service during the construction of the new station. Staff is requesting the approval of the next phase: turning the conceptual plan into a building schematic design. Included in this phase: Site survey, Landscape Plan, Structural, mechanical and electrical engineering services included in the schematic of the architectural plans, Civil engineering plans and drainage calculations, Estimate of proposed cost, and Site Plan submittals. The original task order was for $4,650.00. The amended task order amount will be $104,650.00. How will this affect city programs or services? This project will provide information (i.e. plans, budget, and a schedule) that will allow managers to make decisions about how to respond to the growth of the community. Fiscal Impact: Budgeted The funds are budgeted in the CIP and will betaken from 303-4127-522.62-01. FA2105 Alternatives: Defer the improvement to a later year. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 147 of 380 Grant Amount: Attachments: Type D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt Description AttachirTIENI'lt 1 COIIICE)�Pt IRla in AttachirTIENI'lt 2 T,,.-,.isk OrdE)rFliroposal� AttachirTIENI'lt 3 E)eCLAtEd Agir'E)E)irTIE)l['It Page 148 of 380 1, Gentile las Holloway / 1J � O'Mahone �,.,r //,i, e /i i /,. -/� / ✓ /,i., / /%//.////// r / r//;ori ,,//,r r///i,� rr / / /, /�iii,,..r r/ ✓, r/ r/ // / / , i , ,r,,i/i /i//// l,. at plik rRa ne v Ei a (t '/i f �4 ,N r =0ba Me r 3/i o /�J�� /, E IS11NG E BiWG ' r I 1 ME o Wm/mie, O / �----------- Site Data 11 01q Development Plan �SP�91 �opyng ' lAll f9ghN -- WIN WIN Gentile Glas Holloway O'Mahoney &A,, oc i a to,, Inc. Landscape Architect, Planners and 1—i-orr ental Consultants 1907 Commerce Lane Suite 101 Jupiter, Florida 33458 561-5759557 561575-5260 FAX www.2(3HO.com CONFIRMATION OF PROFESSIONAL SERVICES Client: Gary Dunmyer, City Engineer Public Works, Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 PH. 561-742-6231 dunmyerq@_bbfl.us Mail to: P.O. Box 310 Boynton Beach, FL 33425 Re: Professional Architecture, Landscape Architecture, Civil Engineering and Surveying Services to prepare construction documents for a new Fire Station #3 located at 3501 North Congress Avenue in Boynton Beach, Florida ,, t cif �::)� a �.. °( Order [" i. U � j °°°°°03 Job Name: Boynton Fire Station 3 Date: October 29, 2020 Rev. 12/14/2020 Job Number: 20-0210.1 This is to confirm the authorization to the business entity Gentile Glas Holloway O'Mahoney & Associates, Inc., Landscape Architects, Planners, Environmental Consultants (Consultant) for the performance of Professional Planning and Landscape Architectural Services. The scope of requested services is described herein: 1. Agreement for Services: The Consultant agrees to provide conceptual design services to the Client as more fully described in the Scope of Work, and the Client agrees to compensate the Consultant for those services under the terms of this Agreement. The Consultant's services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing design professionals performing similar services in the same locality, at the same site and under the same or similar circumstances and conditions. The Consultant makes no other representations or warranties, whether expressed or implied, with respect to the services rendered hereunder. A. All other provisions of our existing general consulting services agreement dated February 11th, 2019 shall apply to this authorization of services. B. See original contract #19-0113 for other specific requirements. C. Client's Responsibilities: The Client shall be responsible for the following: A. The Client shall provide full information concerning the Scope of Work, shall set forth the Client's objectives, restraints and criteria. B. The Client shall provide the Consultant with all other engineering studies, environmental assessment reports as may be necessary for submission to the local governments having jurisdiction over the development of the property. The Consultant shall rely on the accuracy of these items in the performance of his work. Said studies may include but not limited to: 1. Traffic impact analysis and or study. 2. Hazardous waste and or material assessments, if required for existing buildings or the site. 3. All soil and geotechnical reports as determined by the Consultant and his sub -consultants in the performance of their individual and collective services in this agreement. Page 150 of 380 Boynton Fire Station 3/Job No. 20-0210.1 Full Services October 29, 2020 Rev. 12/14/2020 Rige .rola SCOPE OF WORK: The Consultant and their subconsultants shall assist the City in preparing space programing, entitlements, construction documents and providing bidding assistance and construction contract administration services for Fire Station #3, located on the SW corner of Miner Road and N. Congress Avenue. The analysis shall include the following: PHASE 1 SCHEMATIC DESIGN AND PROJECT PLANNING APPROVALS PLANNING/LANDSCAPE ARCHITECTURE: A. SUBMISSION/SCHEMATIC DESIGN: The Consultant shall assist the Client in preparation of an application for site plan review for the project referenced above. The following items will be prepared by the Consultant at a level required by the City of Boynton Beach for site plan review through the DART process. 1. Assist the Client in preparing a site plan document based upon the Client provided program delineating all the existing and proposed site features as required for the application for site plan review, including up to one (1) revision of the site plan and/or landscape plan if applicable, after submission. 2. The landscape plan delineating proposed plantings as required by the application for site plan review and the Client's direction for any material above and beyond code. 3. The Landscape Architect shall provide a photometric plan for the outdoor lighting as required by the DART application process. 4. Assist the Client with the preparation of application forms for site plan review. 5. Assist the Client in coordination of other client -contracted consultants required for this application submittal. B. MONITORING: The Consultant shall monitor the application through the staff and elected official process. The Consultant shall coordinate the efforts of the other consultants regarding changes and modifications of the application documents. Additional revisions to the pending application and materials as required, consistent with the initial approach. The Consultant shall coordinate the project and/with the assistance of the other team members through the construction documentation, permitting and construction administration services herein. C. MEETINGS/TEAM/CLIENT: Meeting time is included within the Scope of Work Items. D. POST APPROVAL ADMINISTRATIVE AMENDMENTS: The Consultant shall prepare, submit and process up to two (2) post approval site plan amendments as may be required after the Final Plan Approval (Final DART). E. PROJECT COORDINATION: The consultant shall coordinate the other consultants for this project through the planning and design development services under this agreement. ARCHITECTURE: A. SCHEMATIC DESIGN/SITE PLAN APPROVALS 1.1 Attend one (1) kick-off conference with the City of Boynton Beach and Boynton Beach Fire Rescue staff to review the City's requirements and budget allocations for the project based on the following: • Confirm the architectural space requirements of the proposed facility by confirming the program for the station. • Confirm space and detail requirements for updating newly established fire rescue standards identified relative to current needs. LA0000530 Users georgegentie 2g o Team Drop ox 2GHO Projects Boynton Beach Fire Station 3 CD FEE PROPOSA LSIFinal ProposallBoynton Fire Station 3 20-0210.1 Full P dg-115JEbfc380 Boynton Fire Station 3/Job No. 20-0210.1 Full Services October 29, 2020 Rev. 12/14/2020 Rige,3 o 1.2 Assist the Land Planner in the submittal of Application for Development Review Ordinance(DART)/Architectural Review with the City of Boynton Beach in accordance with the required (application form. The documents shall include existing and proposed paving, access, parking lot configuration, building location, and other proposed on-site improvements including schematic floor plans, roof plan and exterior elevations. CIVIL ENGINEERING: A. Schematic Design Civil: 1.1. Research existing files, existing permits and as-builts to ascertain existing conditions, original design standards and criteria. 1.2. Perform a site visit. 1.3. Preparation of SD level documents including: 1.3.1. Geometric, Signing and Striping Plan. 1.3.2. Paving, Grading & Drainage Plan. 1.3.3. Potable Water & Sanitary Sewer Plan. B. Design Development. 2.1. Preparation of DD level documents including: 2.1.1. Engineering Cover Sheet 2.1.2. Site Erosion Control Plan and Details. 2.1.3. Geometric, Signing and Striping Plan and Details. 2.1.4. Paving, Grading & Drainage Plan and Details. 2.1.5. Potable Water & Sanitary Sewer Plan and Details. 2.1.6. Drainage Computations. SURVEYING: A. HORIZONTAL PROJECT NETWORK CONTROL A traverse will be run through the site and all found monumentation will be tied in. The survey will be oriented to Palm Beach County horizontal control (NAD 83/90 Adjustment). Brown & Philips will obtain the sectional and geodetic control information from the Palm Beach County Survey Department. B. VERTICAL PROJECT NETWORK CONTROL A level run will be performed onsite using the existing Palm Beach County benchmarks (NAVD 1988). At least two benchmarks will be set onsite. C. BOUNDARY TIES AND MONUMENTATION Brown & Philips will search for and tie in any existing boundary corners. These will be added to the drawing and will aid in controlling the survey. They will set a monument at all corners of the boundary, where missing, as required by law. They will then prepare a boundary survey in accordance with the Standards of Practice in Rule 5J-17.050 — 0.53, Florida Administrative Code, pursuant to Chapter 472.027 of the Florida Statutes. They will review any title work supplied by you. D. TREE SURVEY Brown & Philips will locate and tag trees 4 inches in diameter or larger. Trees will be measured at breast height. Hedges and ground cover will not be located or shown on the survey. Exotic trees such as Melaleuca, Brazilian pepper and Australian pine will not be located or shown on the survey. They will identify the various types of trees located on this site based on common knowledge of tree species. A qualified landscape architect should be employed for positive identification of tree species. They will then produce a drawing showing all the trees located. They will provide a signed and sealed hard copies and an AutoCAD file of the trees located. LA0000530 Users georgegentie 2g o Team Drop ox 2GHO Projects Boynton Beach Fire Station 3 CD FEE PROPOSA LSIFinal ProposallBoynton Fire Station 3 20-0210.1 Full P dgu 1152Ebfc380 Boynton Fire Station 3/Job No. 20-0210.1 Full Services October 29, 2020 Rev. 12/14/2020 Rige 11trf1:i PHASE II - CONSTRUCTION DOCUMENTATION, CONSTRUCTION ADMINISTRATION AND PROJECT COORDINATION: LANDSCAPE ARCHITECTURE/PROJECT COORDINATION F. CONSTRUCTION DOCUMENTATION: 2. PROJECT COORDINATION: The consultant shall coordinate the other consultants for this project through the development of construction documentation, bidding/negotiations and construction administration services under this agreement. 3. FINAL LANDSCAPE PLAN: The Consultant shall prepare a Final Landscape Construction Drawing for said project at a scale to be determined by the Consultant. The document shall delineate and locate all proposed and existing landscape plantings reflecting all the proposed and existing site engineering. The plan shall be suitable for construction of the proposed landscape design. Said Landscape plans, based upon the approved concept, shall delineate the proposed planting in detail and will include type, size, spacing and Florida grade of all plants at the time of planting. The design will conform to applicable agencies and be suitable for bidding. It will be submitted to the Client for a final review and comment. 4. FINAL CONSTRUCTION DETAILS: The Consultant shall prepare a construction details for said project at a scale to be determined by the Consultant. The document shall delineate in elevation, section and structure all proposed hardscape elements which includes but is not limited to landscape walls and fences, patios, sidewalks, columns and other site furniture such as benches and statues. The plan shall be suitable for permit and layout of the proposed elements. It will be submitted to the Client for a final review and comment. 5. LIGHTING DESIGN: The Consultant shall prepare a conceptual Lighting Plan for the proposed design. Drawing shall specify and locate all proposed light fixtures including but not limited to landscape lighting, driveway lighting, path lighting, mood lighting, etc. Required electrical permit drawings are not included in this contract. Electrical and/or Permit drawings shall be prepared by a Licensed Electrical engineer. 6. IRRIGATION DESIGN: The Consultant shall prepare an Irrigation Plan for the proposed design. Drawing shall specify and locate all proposed irrigation heads and zones including the associated pumps and controllers. G. CONSTRUCTION ADMINISTRATION: The Consultant shall provide Landscape and Landscape irrigation construction administration services as follows: 1. The Consultant will coordinate with other members of the design team and send out all responses to RFI's, Pay Applications and change order directives. 2. Review of all shop drawings. 3. Initial General Contractor Meeting. 4. Attend OAC meetings during construction. 5. Initial Landscape Contractor meeting. 6. Review and certification of all trees prior to planting at site for conformance to Florida #1 grade of material. 7. Substantial Completion walk-throughs and punch lists. 8. Final Inspection and Certification of completion and compliance of the landscape job to the City of Boynton Beach. 9. Construction is presumed to occur in one (1) phase over a period of twelve (12) months for the building construction. Attend one (1) pre -construction meeting and perform up to twenty (20) site visits during the construction phase if necessary. Additionally, two (2) site visits/meetings are included in this proposal for Substantial Completion (punch -list) and Final Completion walkthrough. 10.The Landscape Architect will be available for additional meetings as required which will be billed hourly. ARCHITECTURE: LA0000530 Users georgegentie 2g o Team Drop ox 2GHO Projects Boynton Beach Fire Station 3 CD FEE PROPOSA LSIFinal ProposallBoynton Fire Station 3 20-0210.1 Full P cIgL- 1150W c380 Boynton Fire Station 3/Job No. 20-0210.1 Full Services October 29, 2020 Rev. 12/14/2020 ge5of1:i B. Design Development Documents 1.3 Provide the services of a Geotechnical Engineer to prepare a subsurface report stating the bearing capacity of the soils in pounds per square foot (in accordance with the Florida Building Code) and a recommendation for foundation design. A conventional spread footing foundation system will be used. The Geotechnical report shall include a perc test and information on light pole base design 1.4 Based on the Fire Station No.1 design prepare Design Development Documents (30% Construction Documents) consisting of Drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical, and electrical systems, materials and such other elements as may be appropriate. 1.5 Prepare color boards describing the proposed interior finish and product selections for review by the City of Boynton Beach and Boynton Beach Fire -Rescue. 1.6 Attend one (1) design review meeting with the City of Boynton Beach and Boynton Beach Fire Rescue to review the Design Development submittal. C. Construction Documents 1.7 Development of 50% and Final Construction Documents, including specifications, illustrating the architectural, structural, mechanical (including plumbing), fire protection and electrical engineering aspects of the project based on the building plans and exterior elevations approved by the City of Boynton Beach. 1.8 Attend a final design review meeting with the City of Boynton Beach and Boynton Beach Fire Rescue. The City of Boynton Beach will provide the Design Team with one (1) consolidated set of written comments and/or marked up drawings prepared by City Staff. D. Bidding/Negotiation 1.9 Assist the City of Boynton Beach in the preparation of Bid Information for prospective bidders. 1.10 Attend one (1) Pre -Bid Conference. 1.11 Building Permit — Provide signed and sealed sets of Final Construction Documents for submittal to the Building Department for building permitting. Respond to questions prepared by the City's Building Department. Revise drawings as required for issuance of a building permit. E. Construction Administration 1.12 Construction is presumed to occur in one (1) phase over a period of twelve (12) months for the building construction. Attend one (1) pre -construction meeting and perform fifty-two (52) site visits during the construction phase. Additionally, two (2) site visits/meetings are included in this proposal for Substantial Completion (punch -list) and Final Completion walkthrough. 1.13 Review and comment on submittals including product data, shop drawings and respond to Requests for Information issued by the General Contractor. 1.14 Project Closeout — Provide the City of Boynton Beach with electronic files of the project. CIVIL ENGINEERING: C.; Construction Document Services. Upon receipt of an approved site plan, Consultant will provide services as follows: 3.1. Preparation of Final Engineering Plans and Details for permitting purposes. 3.2. The Engineering Plan set is anticipated to include: 3.2.1. Engineering Cover Sheet 3.2.2. Selective Demolition & Site Erosion Control Plan 3.2.3. Site Geometric, Signing & Pavement Marking Plan LA0000530 Users georgegentie 2g o Team Drop ox 2GHO Projects Boynton Beach Fire Station 3 CD FEE PROPOSA LSIFinal ProposallBoynton Fire Station 3 20-0210.1 Full P dgu 1154Ebfc380 Boynton Fire Station 3/Job No. 20-0210.1 Full Services October 29, 2020 Rev. 12/14/2020 Rige 6 o 3.2.4. Signing & Marking Details 3.2.5. Paving, Grading & Drainage Plan 3.2.6. Paving, Grading & Drainage Details and Cross Sections 3.3. Drainage Computations to support the Paving, Grading & Drainage Plans & Details. D. Civil Permitting Services. Consultant will assist Client/Owner with making permit applications with the following agencies having jurisdiction over the project: 4.1. South Florida Water Management District (SFWMD) — Environmental Resource Permit (ERP) Modification (50-02172-S). 4.2. City of Boynton Beach Utilities Department water & sewer plan approval. 4.3. City of Boynton Beach Engineering Department civil plan approval. 4.4. City of Boynton Beach Fire Department civil plan approval. 4.5. PBC Health Department water and/or sewer approvals as required. 4.6. Palm Beach County Land Development — RW Permit - Driveway Connections to Minor Road. 4.7. Respond to City Building Department comments regarding Consultant documents. E. Bid Phase Services. Consultant's professional services in this regard include: 5.1. Review/evaluate bids for civil items. 5.2. RFI review and response (civil) during bid phase. 5.3. Attend one pre-bid meeting. 6. Construction Phase Services. Consultant's professional services in this regard include: 6.1. Review site civil shop drawings for Consultant designed elements. 6.2. Attend pre -construction meeting(s) — Utilities, PBC RW and SFWMD. 6.3. RFI review and response. 6.4. Periodic site visits (up to 12) as required to certify Consultant designed elements. Work in excess of the estimated visits will be considered an additional service. 6.5. One (1) post -construction site visit (final walk through) to verify compliance with permitted design documents for preparation of certification letters. 7. Certification Services. Project certifications will be provided for contractor furnished work meeting the requirements of those agencies having jurisdiction over the project. Services include: 7.1. Record drawing review for compliance with permitted design criteria. Final certification letters based on completed work (as built by a Professional Surveyor & Mapper) in compliance with the approved construction documents. 7.2. Certification Letters are expected to include: 7.2.1. Engineer's Certification of the SFWMD ERP Modification. 7.2.2. Engineer's Certification Utilities and Drainage approvals. 7.2.3. Health Department permit close-out. 7.2.4. PBC Land Development Permit certification and close-out. 8. Project Limitations and Assumptions. Services to be provided by Consultant are predicated upon and subject to the following conditions: 8.1. No offsite improvements (i.e., turn lanes, main line improvements, signalization, etc.) are included in this scope of services. LA0000530 Users georgegentie 2g o Team Drop ox 2GHO Projects Boynton Beach Fire Station 3 CD FEE PROPOSA LSIFinal ProposallBoynton Fire Station 3 20-0210.1 Full P cIgL- I159b4a880 Boynton Fire Station 3/Job No. 20-0210.1 Full Services October 29, 2020 Rev. 12/14/2020 g 7' of !" i 8.2. Cost estimating is excluded from this scope of services. 8.3. No separate civil specifications will be provided as notes and requirements will be included in the plans and details. 8.4. Coordination with franchise utility providers (FPL, ATT, Comcast, Gas, etc.) is excluded from this scope of services and anticipated to be the responsibility of other consultants. 8.5. As-builts shall be prepared by a licensed surveyor and are not included in Consultant's scope. 8.6. South Florida Water Management District (SFWMD) — Water Use — Construction Dewatering Permit is excluded as work is expected to be within the No -Notice permit criteria. 8.7. South Florida Water Management District (SFWMD) — Water Use — Irrigation Permit is excluded as this is to be obtained by others (i.e., landscape architect). 8.8. Lake Worth Drainage District (LWDD) — Drainage Permit is excluded as work scope is not anticipated to require a permit from LWDD. 8.9. Drainage is expected to be accommodated in the existing master system with no anticipated revisions to the master system required based on the stated scope of work. Site will be designed to comply with site specific requirements per the master drainage permit file. 8.10. The existing gravity sanitary sewer line(s) are anticipated to be modified or replaced for the new building. No upgrades to the main lines are anticipated. 8.11. The existing water service line(s) are anticipated to be modified or replaced for the new building. No upgrades to the main lines are anticipated. 8.12. A modified or new fire sprinkler line and backflow are anticipated for the new building. New fire hydrants may be required based on current spacing and are included in the scope. See Attachments and assumptions by the Civil Engineer. SURVEYING E. TIE IN IMPROVEMENTS AND CROSS SECTIONS A complete topographic survey will be done at the site tying in all above ground features. This will include but not be limited to buildings, pavement, walks, utilities, and drainage structures. They will obtain elevations on the site on an approximate 50' grid. They will locate sufficient points to give an accurate representation of the lay of the land. Limits of the survey are shown outlined in red on Attachment `B'. F. AS BUILT The surveyor will attempt to get as -built information on all the pipes leading out of any storm or sanitary sewer structures found. They will show invert elevations, pipe sizes and materials for all pipes located including outfall pipes. VII. CLOSURE A drawing will be produced which will show all the features located. Brown & Philips proposes to provide Gentile Glas Holloway O'Mahoney & Associates, Inc. with hard copies, a digitally signed PDF file, and an AutoCAD file in the version requested. Any additional work regarding this proposal will be done on an hourly basis as approved by the Client. Brown & Philips looks forward to working with you on this project. Compensation by Client to Gentile Glas Holloway O'Mahoney & Associates, Inc. for these professional services will be based upon: COMPENSATION LA0000530 Users georgegentie 2g o Team Drop ox 2GHO Projects Boynton Beach Fire Station 3 CD FEE PROPOSA LSIFinal ProposallBoynton Fire Station 3 20-0210.1 Full P cIgL- I15F&c880 Boynton Fire Station 3/Job No. 20-0210.1 Full Services October 29, 2020 Rev. 12/14/2020 Rige Rof!" i A. Compensation for services rendered by the Consultant Team, Scope of Work Items included in this proposal shall be a fee not to exceed Three Hundred Ninety -Eight Thousand Nine Hundred Thirty Dollars ($398,930.00). The following are subtotals for each team member under this agreement PHASE 1 SCHEMATIC DESIGN AND PROJECT PLANNING APPROVALS LANDSCAPE ARC HITECTURE/PLAN NNG/PROJECT COORDINATION) A. Compensation for services rendered by the Landscape Architect/Planner scope of work for Phase 1 within this proposal under Landscape Architecture/Planning/Project Coordination shall be a lump sum fee of Eight Thousand Seventy Five Dollars ($8,075.00) including reimbursable expenses. ARCHITECTURE (STEPHEN BORUFF, AIA ARCHITECTS + PLANNERS, INC.) Compensation for Architectural Services, including structural, mechanical and electrical engineering services for Phase I of the agreement shall be a total lump sum fee Seventy - Three Thousand Six Hundred Forty Dollars ($73,640.00) including reimbursables expenses. CIVIL ENGINEERING (CIVIL DESIGN, INC.) A. Compensation for Civil Engineering Services, as stipulated for Phase I above in the scope of work shall be a total lump sum fee including reimbursables of Fourteen Thousand Dollars ($14,000.00) including reimbursable expenses. SURVEYING (BROWN AND PHILIPS, INC.) A. Compensation for Surveying Services, as stipulated above for Phase I of the scope of work shall be a total lump sum fee including reimbursables of Four Thousand Two Hundred Sixty Dollars ($4,260.00). Total lump sum fee for Phase 1- One Hundred Thousand Dollars ($100,000.00) PHASE 2- CONSTRUCTION DOCUMENTATION, CONSTRUCTION ADMINISTRATION AND PROJECT COORDINATION: LANDSCAPE ARCH ITECTURE/PLAN NNG/PROJECT COORDINATION) A. Compensation for services rendered by the Landscape Architect/Planner scope of work for Phase 1 within this proposal under Landscape Architecture/Planning/Project Coordination shall be a lump sum fee of Thirty -Seven Thousand Eight Hundred Dollars ($37,800.00) including reimbursable expenses. ARCHITECTURE (STEPHEN BORUFF, AIA ARCHITECTS + PLANNERS, INC.) B. Compensation for Architectural Services, including structural, mechanical and electrical engineering services for Phase I of the agreement shall be a total lump sum fee including reimbursables of Two Hundred Fourteen Thousand One Hundred Twenty -Five Dollars ($214,125.00) including reimbursable expenses. CIVIL ENGINEERING (CIVIL DESIGN, INC.) B. Compensation for Civil Engineering Services, as stipulated for Phase I above in the scope of work shall be a total lump sum fee including reimbursables of Forty Thousand Dollars LA0000530 Users georgegentie 2g o Team Drop ox 2GHO Projects Boynton Beach Fire Station 3 CD FEE PROPOSA LSIFinal ProposallBoynton Fire Station 3 20-0210.1 Full P dgu 1157Ebfc380 Boynton Fire Station 3/Job No. 20-0210.1 Full Services October 29, 2020 Rev. 12/14/2020 Rigl:;i trf1:i ($40,000.00) including reimbursable expenses. SURVEYING (BROWN AND PHILIPS, INC.) A. Compensation for Surveying Services, as stipulated above for Phase I of the scope of work shall be a total lump sum fee of Four Thousand Three Hundred Eighty -Five Dollars ($4,385.00) including reimbursables. Total lump sum fee for Phase 2 — Two Hundred Ninety -Six Thousand Three Hundred Ten Dollars ($296,310.00). REIMBURSABLE EXPENSES *Reimbursable fees include printing, mailing, local mileage and long-distance calls are included in the scope. Compensation by Client to Gentile Glas Holloway O'Mahoney & Associates, Inc. for these professional services will be based upon: Confirmation Order Gentile Glas Holloway O'Mahoney City of Boynton Beach &Associates, Inc. (Consultant) By: Name By: George G. Gentile, FASLA, PLA LEED AP®BD+C Title: Sr. Partner Title Date: Date: October 29, 2020 LA0000530 Users georgegentie 2g o Team Drop ox 2GHO Projects Boynton Beach Fire Station 3 CD FEE PROPOSA LSIFinal ProposallBoynton Fire Station 3 20-0210.1 Full P cIgL- IISFb4a880 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and GENTILE GLAS HOLLOWAY O'MAHONEY & ASSOCIATES, INC., hereinafter referred to as "the CONSULTANT', in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17frP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services ® Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of ' The term "Agreement" has the same meaning as the term "contract". Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-1 Page 159 of 380 its Sub -consultants' work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-2 Page 160 of 380 operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-3 Page 161 of 380 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as -built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-4 Page 162 of 380 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre -Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL G-5 Page 163 of 380 percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any arch itecturaVeng ineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-6 Page 164 of 380 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre -construction conferences; ❖ Conducting all necessary construction progress meetings; ❖ Observation of the work in progress to the extent authorized by the CITY; •A Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-7 Page 165 of 380 11- Maintenance and preparation of progress reports; ❖ Field observation and verification of quantities of equipment and materials installed; •3 Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; ❖ Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; ❖ Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; ❖ Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-8 Page 166 of 380 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site') other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. ❖ Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out -of -sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. ❖ Assistance in connection with Proposal/proposal protests, re -bidding or re -negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-9 Page 167 of 380 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. ❖ Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. ❖ Additional services in connection with a project not otherwise provided in this Agreement. ❖ Services in connection with a project not otherwise provided for in this Agreement. ❖ Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. ❖ Services in connection with work changes necessitated by unforeseen conditions encountered during construction. ❖ Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. ❖ Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-10 Page 168 of 380 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-11 Page 169 of 380 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task ordertwritten task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-12 Page 170 of 380 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non -issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB - CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; ❖ CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. ❖ CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: ❖ The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. ❖ In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-13 Page 171 of 380 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one -hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: ❖ Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. ❖ Compensation for sub -CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-14 Page 172 of 380 accordance with the Schedule of Professional Fees attached hereto. Sub -consulting services shall be approved by the CITY'S representative prior to performance of the sub -consulting work. Consulting time for processing and management of the sub - CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. s The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. ❖ Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not -to -exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub -CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not -to -exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice' on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-15 Page 173 of 380 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub -CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-16 Page 174 of 380 professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-17 Page 175 of 380 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per claim/aggregate. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-18 Page 176 of 380 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub - CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims -made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL G-19 Page 177 of 380 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB -CONSULTANT or to reject the selection of a particular sub -CONSULTANT and to inspect all facilities of any SUB -CONSULTANTS in order to make a determination as to the capability of the SUB -CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB -CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB -CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB -CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB -CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB -CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 -DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-20 Page 178 of 380 ARTICLE 17 - NON -WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18 — TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19 — DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20 — UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces' shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-21 Page 179 of 380 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY -PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22 — ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23 — THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities - General Consulting Services C-22 V.5 CLEAN FINAL Page 180 of 380 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbri ht Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: Gentile Glas Holloway —O'Mahoney & Associates, Inc. Attn: Geor a G.Gentile 1907 Commerce Lane Suite 101 Jupiter, FL 33458 ARTICLE 25 -.INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-23 Page 181 of 380 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27 — PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract tern and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(?&BBFL.US Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-24 Page 182 of 380 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of Zp j CITY OF BOYNTON BEACH o , City M pager Attest/Authenticated: Title ' Approved jqs to F Offic of the C-iA 6#ehey Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-25 Page 183 of 380 EXHIBIT "A" SCOPE E - FEE SCHEDULE PRIME: Gentile Glas Holloway O'Mahoney & Associates, Inc. SUBCONSULTANT: Stephen Boruff, AIA Architects + Planners, Inc. REVISED DATE: July 2, 2018 Personnel Classifications Hourly Rate Principal $166.00 Project Manager $131.50 Senior Engineer N/A Senior Planner $129.40 Senior Architect $165.00 Senior Landscape Architect $122.30 Senior Surveyor/Mapper N/A Structural Engineer N/A Architect $125.00 Urban Designer $129.40 Planner $76.27 Landscape Architect $102.96 Inspector (Zoning & Landscape) $78.90 GIS Specialist $94.68 Architectural CADD/Technician $74.00 Planning Technician $54.26 Clerical/Administrative $37.13 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities - General Consulting Services C-26 V.5 CLEAN FINAL Page 184 of 380 EXHIBIT "B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk) TYPE (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos PIP Basic Intermodal Garage Liability---_________..____. Any Auto Garage Keepers Liability ------------------------------------------ Excess Liability Umbrella Form ------------------------------------------- Worker's Compensation Employer's Liability Property Homeowners Revocable Permit Builder's Risk ---------------------------------------------- Other - As Risk Identified MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Combined Single Limit $ 500,000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident) to be determined Property Damage to be determined Trailer Interchange $ 50,000.00 Auto Only, Each Accident $ 1,000,000.00 Other Than Auto Only $ 100,000.00 Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL Each Occurrence to be determined Aggregate to be determined — Statutory Limits Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 $ 300,000.00 Limits based on Project Cost to be determined A!M Page 185 of 380 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: I I Name of Firm: Office Location: 1. Service: (Check One) ❑ Planning/Study Activity, Report, Other ❑ Design/Engineering Services/Preliminary Bid Document ❑ Final Document/Bidding/Contractor Award ❑ Construction PhaselCompletion 2. Name of Project: 3. Project Mana er: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) ❑ Unsatisfactory ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? ❑ Yes ❑ No ❑ Conditional If other than yes, Provide detailed explanation on a separate sheet of a er. 8. Name, title, and office of ratin officer e.. Utilities Director): 4. Si nature ofratin officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-28 Page 186 of 380 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 fn A Uui+h c he:.... 4-6– L.:.•.6__a 1. i ation 1 2 3 4 5 4 5 3. Accuracyof documents 1 2 3 4 4 5itations 53. 4. uitabili 1 2 3 4 5es 5. 7hnoroughvest11 onsive 1 2 3 4 55. 6. bmissions1 1 2 3 4 56. 7. ailed 1 2 3 4 57. 8. rac 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numaric_ally i to r.—i♦h c tt.e:.,,, ai.– _---- 1. 2. Secs afford competition Secs com letetthorou h 1 1 2 2 3 3 4 5 4 5 3. Accuracyof documents 1 2 3 4 5 4. Re uirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conferenceparticipation— 1 2 3 4 5 8. Response to in uiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building& permittinga encies 1 2 3 4 5 11. Addendum preparation & 122rmit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-29 Page 187 of 380 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-30 Page 188 of 380 Rate numerical) 1 to 5 with 5 bein the hi hest score N/A 1. Drawin s Reflect True Conditions 1 2 3 4 5 2. PlanslS ecs Accurate/Coordinated 1 2 3 4 5 3. Desi n Constructabili 1 2 3 4 5 4. Timeliness/Quali of Processin Submittals 1 2 3 4 5 5. Product/E ui ment Selection Availabili 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quali of Su ort Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Pro'ect Closeout Documentation Review 1 2 3 4 5 10. Validit of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Re ulato Agencies? 13. Change Order Processing (Accuracy, Timeliness, Documentation, etc.) 1 2 3 4 5 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dis ute s ? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-30 Page 188 of 380 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with r% hcin., ftio h:..:,aaE MIA 1. Thorou h investigation of situation or activity 1 2 13 14 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Acc racy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem solving? 1 2 3 4 5 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-31 Page 189 of 380 7.B. Requested Action by Commission: Authorize the City Manager to sign the proposal for the purchase of 2 1250KW Diesel Generators and the associated electrical switchgear from TAW Power Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor, for the sum of $1,539,039 through the national Sourcewell Contract #120617 -KOH. Sourcewell procurement process satisfies the City's competitive bid requirements. Explanation of Request: Commission previously approved a purchase of two generators from TAW Power Systems, INC (TAW) in August of last year. This is part of an ongoing progressive Design Build Project for the installation of back-up power at the East Water Treatment Plant (EWTP). As stated previously the regulations regarding the type of generator in use have been tightened for users with the curtailment rate from FPL. The FPL curtailment rate provides for cheaper power but requires that only Tier 4 Final ultra-low emission generators are to be used when on curtailment. The benefit to FPL is the ability to shed large users during periods of exceptionally high electrical demand. Tier 4 generators use special technology to reduce emissions of small particulates, oxides of nitrogen (NOX) and oxides of sulfur (SOX). There is limited availability of generator units of the size we need and they are very expensive. Since the first approval was granted Kohler Generator Systems Inc. have launched a new 1250KW Tier 4 final generator to the market. The 1250KW unit is of a more appropriate size than the previously requested 650KW unit and better meets the needs of the plant at the higher throughputs now envisaged. In addition to the Tier 4 unit we will also procure the 1250 Tier 2 unit previously requested as this will be cheaper to operate and also provide back-up during extended periods of power interruption. An additional benefit of utilizing the 2 similar units is that the associated switchgear is much cheaper as the two engines have built in ability to parallel their output. The revised price includes both generators, all associated electrical switchgear, freight and site installation of the emissions control equipment by TAW. The generators will be in level 2 soundproof enclosures and have 181 MPH wind load rating. How will this affect city programs or services? The generators will be installed by Globaltech, Inc., through a progressive design build contract, that was previously awarded following a RFQ process. Globaltech, Inc., will design and construct the structural and ancillary systems at the northeast end of the site, adjacent to the main electrical switgear. The system will greatly improve the reliability of the EWTP while also providing for much lower emission levels compared to both the current rental unit and the earlier generator. Fiscal Impact: Budgeted Budgeted Funds are available in the following CI P account 403-5000-533-65.02 WT 1902 Alternatives: The EWTP is required by the Florida Administrative Code to have a suitable back-up power unit. Strategic Plan: Strategic Plan Application: Page 190 of 380 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D AddE)indUlirn D AddE)indUlirn D AddE)indUlirn D AddE)indUlirn Description TAW QLAOtE) ACCE)�PtainC'2, aindAw..'ird KoNblir' Cointract Page 191 of 380 TAW POWER SYSTEMS, INC. 1500 NW 1511 Ave Pompano Beach, FL 33069 (954) 668-7247 - (800) 876-0990 Tim.Grady@TAWinc.com Kohler Generator Systems Distributors KOHLER POWER SYSTEMS DISTRIBUTOR FOR FLORIDA Date: 1/14/2020 Offer No: GP2002 0105 To: Boynton Beach WTP East Contact: Tim Grady Attn: Michael Low Contact Cell #: 954-668-7247 Project: KOHLER SOURCEWELL REVISED 2 X 1250KW TWO New KOHLER Model KD1250, EPA Certified Diesel Generator Set 12500kw, , @ 0.8 PF, 60 Hz, 3 Phase, UL 2200, 277/480 volt three phase CONTROLLER: DEC603 Controller meets NFPA 110 COOLING: Unit Mounted Radiator Block Heater 208 Volt, List Price KD1250-4 Factory $989,707.00 Sourcewell Member Discount 43.4% Sourcewell Member Price City of, FI.$550,174, 00 List Price KD1250 Tier 2 Unit: $615,277.00 12000Watt Sourcewell Member Discount 38% Sourcewell Member Price City of, FI.$381,471 00 ENCLOSURE: Sound / Aluminum 181 MPH Wind Load Rated Critical Silencer Basic Electrical Package FUEL SYSTEM: Flexible Fuel Lines Fuel Water Separator 48 hour at 75% load FDEP approved tank GENERATOR ACCESSORIES (Electrical): Line Circuit Breaker: 3 Pole, 100 %, Electronic LSI 2000amp ENGINE ELECTRICAL ACCESSORIES: Battery Rack and Cables Starting Battery, Lead Acid Battery Charger: 10 Amp CONTROLLER ACCESSORIES LOOSE: Remote Emergency Stop, Break Glass Remote Annunciator Panel ADDITIONAL ACCESSORIESIWARRANTY: Certified Factory Test @ 0.8 P.F 1 Maintenance Manuals Vibration Isolators: internal 5 Year Standby Warranty KOHLER Co. stationary standard Industrial Generator Set Extended FIVE YEAR Standby Warranty or two thousand (2000) limited warranty, no warranty fee required. KOHLER PARALLELING GEAR CONSISTING OF SQUARE D breakers 1 -MASTER CONTROL CUBICLE 2-2000AMP PARALLEL BREAKER 1-1000AMP LOAD BANK BREAKER 1-3000AMP DISTRIBUTION BREAKER List Price Factory $290,576.00 Sourcewell Member Discount 33.49% Sourcewell Member Price City of, FI.$'103,252 00 NON-KOHLER: Switchgear Enclosure (10' x 16.5'), Stanchions and platform for support of SCR, 600kw load bank, List Price $307,220.00 Sourcewell Member Discount 5% Sourcewell Member Price City of, FI.$20'1,850 00 TOTAL FREIGHT: List Price $118,182.00 Sourcewell Member Discount 5% Sourcewell Member Price City of, FI.$'112,273 00 II otalll 3ouu ce aell1 °1,530,030 00 Page 192 of 380 SUPPLIED BY OTHERS Off-loading @ Job Site Installation of System Supply of Fuel Fuel & Electrical Piping All Infrared, 3rd Party and NETA Testing by Others **TAW will require City of Boynton Beach to inspect Equipment prior to offloading and notify TAW of any issues with Equipment ESTIMATED LEAD TIME: 11-12 weeks after release of order. This estimated lead time is subject to change daily due to availability. SALES TAX NOT INCLUDED. Regards, TAW Power Systems, Inc. Tim Grady Senior Sales Engineer OFFER VALID FOR 30 DAYS FROM THIS OFFER DATE (LISTED ABOVE). EXCEPTIONS/ CLARIFICATIONS/ NOTES: Delivery, start up, and load testing are quoted as during normal business hours. If after hour, weekend, or holiday work hours are required, the Contractor will be responsible for the overtime differential unless otherwise noted. OFFER BASED UPON: All terms, conditions prices and specification of NJPA Contract # 120617 -KOH as awarded to Kohler Power System with direct distribution through local dealer shall apply. The following TAW Standard Terms and Conditions as attached to the sales offer apply as approved by both parties with the acceptance of the City of Boca Raton Purchase Order". TAW will transmit a written delivery schedule based on the manufacturer's confirmation, approximately fifteen (15) days after product release. Also included will be the related progress invoice values based on material shipments. All TAW offers, plans, specifications, and technical drawings are copyrighted works and contain proprietary know-how of TAW, and Buyer has no right to reproduce, distribute or publish copies of TAW's copyrighted works or to create derivative works of TAW's copyrighted works without the express written permission of an authorized representative of TAW. (OFFER ACCEPTANCE BELOW) COMPANY AUTHORIZED SIGNATURE TITLE PRINT NAME DATE TERMS & CONDITIONS ACKNOWLEDGED: INITIAL Page 193 of 380 National Joint Powers Alliance® REQUEST FOR PROPOSAL for the procurement of ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES RFP Opening DECEMBER 7, 2017 8:30 a.m. Central Time At the offices of the National Joint Powers Alliance® 202 121h Street Northeast, Staples, MN 56479 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of�#120617 ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES. Details of this RFP are available beginning October 19, 2017. Details may be obtained by letter of request to Chris Robinson, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until December 6, 2017 at 4:30 p.m. Central Time at the above address and opened (December 7, 2017 �at 8:30 a.m. Central Time. October 19, 2017 Pt lll:lllicatioiii of RFP in the print and online version of UVA Today, in the print and online version of the ,Salt Lake NVeae,s within the State of Utah, in the print and online version of the Daily Journal cif Commerce within the State of Oregon (note: OR entities this pertains to: http://www.nipacoop.or ore on-advegisiM and also RFP Appendix B), in the print and online version of The ,State within the State of South Carolina, the NJPA website, MERN, Noticetobidders.com, PubliePurchase.com, Diddingo, and Onvia. November 16, 2017 P111- piii-ollws::lll Collifs it iir:c(the webcast/conference call). The connection information will be sent to 10:00 a.m. CT all inquirers two business days before the conference. November 29, 2017 Le::dIiiise foo- RFP qu sdoor:sm December 6, 2017 ]Ilys::dliiir:s foo- gmwlll:lumdsslk« ii: of Piii-ollws::lllsm Late responses will be returned unopened. 4:30 p.m. CT December 7, 2017 pdlflic gilllw1filsg of @��ir��lll:�ms::lllsm 8:30 a.m. CT Direct questions regarding this RFP to: Chris Robinson at chris.rob inson(a),nj7acoo7.or or (218) 895-4168. Page 194 of 380 i``�� i'i<i,i:i i`°�u C. D. E. F. G. H. I. A. About NJPA K. B. Joint Exercise of Powers Laws C. Why Respond to a National Cooperative Procurement Contract D. The Intent of This RFP E. Scope of This RFP F. Expectations for Equipment/Products and Services Being Proposed G. Solutions Based Solicitation A. Inquiry Period B. Pre -Proposal Conference C. Identification of Key Personnel D. Proposer's Exceptions to Terms and Conditions E. Proposal Format F. Questions & Answers About This RFP G. Modification or Withdrawal of a Submitted Proposal H. Proposal Opening Procedure L NJPA's Rights Reserved Subsequent Agreements A. Contract B. Proposer C. Sourced Good of Open Market Item D. Vendor i``�� i'i<i,i:i i`°�u C. D. E. F. G. H. I. A. About NJPA K. B. Joint Exercise of Powers Laws C. Why Respond to a National Cooperative Procurement Contract D. The Intent of This RFP E. Scope of This RFP F. Expectations for Equipment/Products and Services Being Proposed G. Solutions Based Solicitation A. Inquiry Period B. Pre -Proposal Conference C. Identification of Key Personnel D. Proposer's Exceptions to Terms and Conditions E. Proposal Format F. Questions & Answers About This RFP G. Modification or Withdrawal of a Submitted Proposal H. Proposal Opening Procedure L NJPA's Rights Reserved Proposal Evaluation Criteria Other Consideration Cost Comparison Marketing Plan Certificate Of Insurance Order Process and/or Funds Flow Administrative Fees Value Added Waiver of Formalities 7 E?” I_:), ( ),1" 1 1 l"',, 'wY 11' A. Subsequent Agreements A. Line -Item Pricing B. Percentage Discount From Catalog or D. Category C. Cost Plus a Percentage of Cost D. Hot List Pricing E. Ceiling Price F. Volume Price Discounts/ Additional Quantities G. Total Cost of Acquisition H. Sourced Equipment/Products/ This RFP Open Market Items L Price and Product Changes J. Payment Terms K. Sales Tax L. Shipping y \"/Y1 C„,�YY I: [()\V ��,�T A. Proposal Evaluation Process B. Proposer Responsiveness Proposal Evaluation Criteria Other Consideration Cost Comparison Marketing Plan Certificate Of Insurance Order Process and/or Funds Flow Administrative Fees Value Added Waiver of Formalities 7 E?” I_:), ( ),1" 1 1 l"',, 'wY 11' A. Subsequent Agreements B. NJPA Member Sign-up Procedure C. Reporting of Sales Activity D. Audits E. Hub Partner F. Trade -Ins G. Out of Stock Notification H. Termination of a Contract resulting from this RFP A. Advertising a Contract Resulting From This RFP B. Applicable Law C. Assignment of Contract D. List of Proposers E. Captions, Headings, and Illustrations F. Data Practices G. Entire Agreement H. Force Majeure L Licenses J. Material Suppliers and Sub -Contractors K. Non -Wavier of Rights L. Protests of Awards Made M. Suspension or Disbarment Status N. Affirmative Action and Immigration Status Certification O. Severability P. Relationship of Parties !. ppYY yy 1:7 IW`< " g ��711f1(,rd�II''yy 11i)lllt']7I'o]'1 ) 4, 1"111 "5IWX C Y �d71Kfl(.d1 �11i�all�k7lo'il'1"iy 2 Page 195 of 380 A.CONTRACT Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the Proposer's response pursuant to this RFP, and a fully executed Form E ("Acceptance and Award") with final terms and conditions. Form E will be executed after a formal award and will provide final clarification of terms and conditions of the award. B.PROPOSER A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also use the terms "respondent" or "proposed Vendor," which is interchangeable with Proposer as the context allows. C. SOURCED GOOD or OPEN MARKET ITEM A Sourced Good or Open Market Item is a product within the RFP's scope 1) that is not currently available under the Vendor's NJPA contract, 2) that a member wants to buy under contract from an awarded Vendor, and 3) that is generally deemed incidental to the total transaction or purchase of contract items. D.VENDOR A Proposer whose response has been awarded a contract pursuant to this RFP. Page 196 of 380 2"a. 1)''� U,,Vh' )i`1°"U,1a1111, °nWN"IF 01)1Vh'11 I11, ............................."........................................................ 2_1 NJPA advertises this solicitation: 1) in the hard copy print and online editions of the USA Todav; 2) once each in Oregon's Daily Journal of Commerce, South Carolina's The State and Utah's Salt Lake Tribune; 3) on NJPA's website; and 4) on other third -party websites deemed appropriate by NJPA. Other third -parry advertisers may include Onvia, PublicPurchase.com, MERX, and Biddingo. 2_2 NJPA also notifies and provides solicitation documentation to each state -level procurement departments for possible re -posting of the solicitation within their systems and at their option for future use and to meet specific state requirements. 3 1',, 1_11' I P i t 1.J 0" 1-11, A. ABOUT NJPA 3_1 The National Joint Powers Alliance® (NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 3_2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.ni1 acoo 7�org. 3_3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA's Board of Directors oversees and authorizes the calls for all new proposals and holds those resulting Contracts for the benefit of its own and its Members use. 3_4 NJPA currently serves over 50,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B. JOINT EXERCISE OF POWERS LAWS 3_5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and Canadian provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states "Two or more governmental units ... may jointly or cooperatively exercise any power common to the contracting parties..." This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally can participate in cooperative purchasing activities under their own state law. These laws can be found on our website at hgp://www.njpacoop.org/national-cooperative-contract- solutions/legal-authority/. 3.5.1 For Members within the Commonwealth of Virginia, this RFP is intended to be a "joint procurement agreement" as described in Vir. Code § 2.2-4304(A), and those Virginia Members identified in Appendix C may agree to be a Joint Purchaser under this RFP. C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 4 Page 197 of 380 3_6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways: 3.6.1 National cooperative contracts potentially save time and effort for municipal and public agencies, who otherwise would have to solicit vendor responses to individual RFPs, resulting in individual contracts, to meet the procurement needs of their respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national cooperative contract can potentially replace thousands of individual RFPs for the same equipment/products/services that might have been otherwise advertised by individual NJPA member agencies. 3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 3_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value, and considerable time savings. 3_8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 39 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value-added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 3.10. National contract awarded by NJPA: NJPA seeks the most responsive and responsible Vendor relationship(s) to reflect the best interests of NJPA and its Member agencies. Through a competitive proposal and evaluation process, the NJPA Proposal Evaluation Committee recommends vendors for a national contract awarded by the action of the NJPA Chief Procurement Officer. NJPA's primary intent is to establish and provide a national cooperative procurement contract that offer opportunities for NJPA and our current and potential Member agencies throughout the United States and Canada to procure quality product/equipment and services as desired and needed. The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 3.11 Beyond our primary intent, NJPA further desires to: 3.11.1 Award a four-year contract with a fifth -year contract option resulting from this RFP. Any fifth -year extension is exercised at NJPA's discretion and results from NJPA's contracting needs or from Member requests; this extension is not intended merely to accommodate an awarded Vendor's request. If NJPA grants a fifth -year extension, it may also terminate the contract (or cause it to expire) within the fifth year if the extended contract is replaced by a resolicited or newly solicited contract. In exigent circumstances, NJPA may petition NJPA's Board of Directors to extend the contract term beyond five years. This rarely used procedure should be employed only to avoid a gap in contract coverage while a replacement contract is being solicited; Page 198 of 380 3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP; 3.11.3 Deliver "Value Added" aspects of the company, equipment/products and services as defined in the "Proposer's Response"; 3.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of NJPA and NJPA Member agencies; and 3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. 3.12 Exclusive or Multiple Awards: Based on the scope of this RFP and on the responses received, NJPA may award either an exclusive contract or multiple contracts. In some circumstances, a single national supplier may best meet the needs of NJPA Members; in other situations, multiple vendors may be in the best interests of NJPA and the NJPA Members and preferred by NJPA to provide the widest array of solutions to meet the member agency's needs. NJPA retains sole discretion to determine which approach is in the best interests of NJPA Member agencies. 3.13 Non -Manufacturer Awards: NJPA reserves the right to make an award under this RFP to a non - manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 3.14 Manufacturer as a Proposer: If the Proposer is a manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that manufacturer's authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their dealer network where that dealer network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub -contractor of the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and its dealer network may be proposed at the time of the submission if that fact is properly identified. 3.15 Dealer/Reseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. When requested by NJPA, Proposers must document their authority to offer those products and/or services. E. SCOPE OF THIS RFP 3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope of�ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES.�' 3.17 Additional Scope Definitions: In addition to ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES, this solicitation should be read to include, but not to be limited to: 3.17.1 Primary Offerings: Proposer's primary solution offerings may include: stationary and portable electrical generators; backup or standby generator sets; mobile or trailer mounted generators; enclosures; automatic transfer switches; switch gears; used generator sets; rental generator set agreements; and, generator -related design, installation, maintenance, or repair 6 Page 199 of 380 services. It is further intended that Proposer's primary solutions will be for, or related to, electrical energy power generation from biofuel or fossil fuel sources. 3.17.2 Incidental or Complementary Offerings: in addition to the primary offerings, Proposer may include incidental or complementary offerings of. solar panel and micrognd solutions; mobile light towers; trailers; and, replacement or repair parts related to the primary offerings. It is further intended that electrical energy generation from renewable energy sources will not be more than an incidental or complementary part of Proposer's proposed solutions. 3.17.3 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 3.17.3.1 �Omitted� 3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a "Scope of Proposal," please consider the validity of an inverse statement. 3.18.1 For example, pencils and post -it -notes can generally be classified as office supplies and office supplies generally include pencils and post -it -notes. 3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. 3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original "Scope" as intended by NJPA. 3.19 Best and Most Responsive — Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, market to and service NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. 3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process. 3.22 Awarded Vendor's interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as "contract compliant," products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract. 7 Page 200 of 380 3.23 Sole Source of Responsibility- NJPA desires a "Sole Source of Responsibility" Vendor. This means that the Vendor will take sole responsibility for the performance of delivered equipment/products/ services. NJPA also desires sole responsibility with regard to: 3.23.1 Scope of Equipment/Products/Services: NJPA desires aprovider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. 3.23.2 Vendor use of sub -contractors in sourcing or delivering equipment/product/services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub -contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub -Contractor. Suggested Solutions Options include: 3.23.3 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could include: 3.23.3.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in- house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed. 3.23.3.2 Turn -Key Solutions: A Turn -Key Solution is a combination of equipment/products and services that provides a single price for equipment/products, delivery, and installation to a properly operating status. Generally this is the most desirable solution because NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 3.23.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers may offer the choice "of good, better, best" multiple -grade solutions to meet NJPA Members' needs. 3.23.3.4 Proven — Accepted — Leading -Edge Technology: Where appropriate and properly identified, Proposers may provide a spectrum of technology solutions to complement or enhance the proposed solutions to meet NJPA Members' needs. 3.23.4 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 3.24 Geographic Area to be Proposed: This RFP invites proposals to provide (ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES Ito NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non -award. The ability and willingness to serve Canada, for instance, will be viewed as a value-added attribute. Page 201 of 380 3.25 Contract Term: At NJPA's option, a Contract resulting from this RFP will become effective either on the date awarded by the NJPA Board of Directors or on the day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services. 3.25.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. However, one additional one-year renewal/extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. NJPA reserves the right to conduct periodic business reviews throughout the term of the contract. 3.26 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 3.27 [This section is intentionally blank.] 3.28 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 3.28.1 With respect to Members within the Commonwealth of Virginia, this RFP is intended to be a "joint procurement agreement" as described in Vir. Code § 2.2-4304(A), and those Virginia Members identified in Appendix C must be allowed to use this Contract as a Joint Purchaser. 3.29 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals are opened. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 3.30 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services and accessories, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated standards, needs, expectations, and requirements of NJPA and its Members. 3.30.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 3.30.2 Technical Descriptions/Specifications. Excessive technical descriptions and specifications that unduly enlarge the proposal response may cause NJPA to reduce the evaluation points awarded on Form G. Proposers must supply sufficient information to: 3.30.2.1 demonstrate the Proposer's knowledge of industry standards and Member agency needs and expectations; 3.30.2.2 Identify the equipment/products and services being proposed as applicable to the needs and expectations of NJPA Member agencies; and 3.30.2.3 differentiate equipment/products and services from other industry manufacturers and providers. 9 Page 202 of 380 3.31 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer's "Hot List" described herein. 3.32 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 3.33 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Member's site. Exceptions to "delivered and operational" must be clearly disclosed in the "Total Cost of Acquisition" section of the proposal. 3.34 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non -award. 3.35 Additional Warrants: The Proposer warrants that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. 3.36 The NJPA solicitation and contract award process is not based on detailed specifications. Instead, this RFP is a "Solutions -Based Solicitation." NJPA expects respondents to understand and anticipate the current and future needs of NJPA and its members—within the scope of this RFP—and to propose solutions that are commonly desired or required by law or industry standards. Proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. 3.37 While NJPA does not typically provide product and service specifications, the RFP may contain scope refinements and industry -specific questions. Where specific items are specified, those items should be considered the minimum required, which the proposal can exceed in order to meet Members' needs. NJPA may award all of the respondent's proposal or may limit the award to a subset of the proposal. 3 i Il � '-IJ-1, I ) `° -S i 0, ) i^k" I'll, i , I'll, 1- i `°I� t ro "111)1 1`1111, i" 1-1,1111, .0, )1` 0, K'%, A. INQUIRY PERIOD 4_1 The inquiry period begins on the date of first advertisement and continues until to the Deadline for Submission." RFP packages will be distributed to potential Vendors during the inquiry period. 4_2 A pre -proposal conference will be held at the date and time specified in the timeline on page one of this RFP. Conference information will be sent to all potential Proposers, and attendance is optional. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and NJPA's competitive contracting process. Only answers issued in writing by NJPA to questions asked before or during the pre -proposal conference are binding on the parties to an awarded contract. 10 Page 203 of 380 C. IDENTIFICATION OF KEY PERSONNEL 4_3 Awarded Vendors will designate one senior staff member to represent the Vendor to NJPA. This contact person will correspond with members for technical assistance, questions, or concerns that may arise, including instructions regarding different contacts for different geographical areas or product lines. 4_4 These designated individuals should also act as the primary contact for marketing, sales, and any other area deemed essential by the Proposer and NJPA. D. PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS 4_5 Any exceptions, deviations, or contingencies regarding this RFP that a Proposer requests must be documented on Form C, Exceptions To Proposal, Terms, Conditions And Solutions Request. 4_6 Exceptions, deviations or contingencies requested in the Proposer's response, while possibly necessary in the view of the Proposer, may result in lower scoring or disqualification of a proposal. E. PROPOSAL FORMAT 4_7 All Proposers must examine the entire RFP package to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. 4_8 All proposals must be properly labeled and sent to "The National Joint Powers Alliance, 202 12th Street NE Staples, MN 56479." 4_9 All proposals must be physically delivered to NJPA at the above address with all required hard copy documents and signature forms/pages inserted as loose pages at the front of the Vendor's response. The proposal must include these items. 4.9.1 Hard copy original of completed, signed, and dated Forms C, D, F; hard copy of the signed signature -page only from Forms A and P from this RFP; 4.9.2 Signed hard copies of all addenda issued for the RFP; 4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP; and 4.9.4 A complete copy of your response on a flash drive (or other approved electronic means). The electronic copy must contain completed Forms A, B, C, D, F, and P, your statement of products and pricing (including apparent discount), and all appropriate attachments. In order to ensure that your full response is evaluated, you must provide an electronic version of any material that you provide in a hard copy format. As a public agency, NJPA's proposals, responses, and awarded contracts are a matter of public record, except for such data that is classified as nonpublic. Accordingly, public data is available for review through a properly submitted public records request. To redact nonpublic information from your proposal (under Minnesota Statute §13.37), you must make your request within thirty (30) days of the contract award or non -award date. 4.10 All Proposal forms must be submitted in English and must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 4.11 Proposal submissions should be submitted using the electronic forms provided. Proposers that use alternative documents are responsible for ensuring that the content is substantially similar to the NJPA form and that the document is readable by NJPA. 11 Page 204 of 380 4.12 The Proposer must ensure that the proposal is in the physical possession of NJPA before the submission deadline. 4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Opening," and the deadline for proposal submission. NJPA is not responsible for untimely proposals. Proposals received by the deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 4.13 Proposers are responsible for checking directly with the NJPA website for any addendums to this RFP. Addendums to this RFP can change the terms and conditions of the RFP, including the proposal submission deadline. F. QUESTIONS AND ANSWERS ABOUT THIS RFP 4.14 Upon examination of this RFP document, Proposer should promptly notify NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections, and changes to this RFP will be considered by NJPA through a written addendum. Interpretations, corrections, or changes that are made in any other manner are not binding, and Proposers must not rely on them. 4.15 Submit all questions about this RFP, in writing, referencing (ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES � o Chris Robinson at NJPA 202 12th Street NE, Staples, MN 56479 or to RFP@njpacoop.org. You may also call Chris Robinson at (218) 895-4168. NJPA urges potential Proposers to communicate all concerns well in advance of the submission deadline to avoid misunderstandings. Questions received within seven (7) days before the submission deadline generally cannot be answered. NJPA may, however, field purely procedural questions, questions about NJPA-issued addenda, or questions involving a Proposer withdrawing its response before the RFP submission deadline. 4.16 If NPJA deems that its answer to a question has a material impact on other potential Proposers or on the RFP itself, NJPA will create an addendum to this RFP. 4.17 If NJPA deems that its answer to a question merely clarifies the existing terms and conditions and does not have a material impact on other potential Proposers or the RFP itself, no further documentation of that question is required. 4.18 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of any addenda. Copies of addenda will also be made available on the NJPA website at www.njpacoop.org (under "Current and Pending Solicitations") and from the NJPA offices. All Proposers must acknowledge their receipt of all addenda in their proposal response. 4.19 Any amendment to a submitted proposal must be in writing and must be delivered to NJPA by the RFP submission deadline. 4.20 through 4.21 [These sections are intentionally blank.] G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 4.22 A submitted proposal must not be modified, withdrawn, or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Before the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Procurement Manager. Such notice must be submitted in writing and must include the signature of the Proposer. The 12 Page 205 of 380 notice must be delivered to NJPA before the deadline for submission of proposals and must be so worded as not to reveal the content of the original proposal. The original proposal will not be physically returned to the potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they fully conform with the proposal instructions. H. PROPOSAL OPENING PROCEDURE 4.23 Sealed and properly identified responses for this RFP entitled ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES will be received by Chris Robinson, Procurement Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline identified on page one of this RFP. All Proposal responses must be submitted in a sealed package. The outside of the package must plainly identify ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES and the RFP number. To avoid premature opening, the Proposer must label the Proposal response properly. NJPA documents the receipt of proposals by immediately time- and date -stamping them. At the time of the public opening, the NJPA Director of Procurement or a representative from the NJPA Proposal Evaluation Committee will read the Proposer's names aloud and will determine whether each submission has met Level -1 responsiveness. 1. NJPA'S RIGHTS RESERVED 4.24 NJPA may exercise the following rights with regard to the RFP. 4.24.1 Reject any and all proposals received in response to this RFP; 4.24.2 Disqualify any Proposer whose conduct or proposal fails to conform to the requirements of this RFP; 4.24.3 Duplicate without limitation all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the proposal; 4.24.4 Consider and accept for evaluation a late modification of a proposal if 1) the proposal itself was submitted on time, 2) the modifications were requested by NJPA, and 3) the modifications make the terms of the proposal more favorable to NJPA or its members; 4.24.5 Waive any non -material deviations from the requirements and procedures of this RFP; 4.24.6 Extend the Contract, in increments determined by NJPA, not to exceed a total Contract term of five years; 4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to NJPA; 4.24.8 Correct or amend the RFP at any time with no cost or penalty to NJPA. If NJPA corrects or amends any segment of the RFP after submission of proposals and before the announcement of the awarded Vendor, all proposers will be afforded a reasonable opportunity to revise their proposals in order to accommodate the RFP amendment and the new submission dates. NJPA will not be liable for any errors in the RFP or other responses related to the RFP; and 4.24.9 Extend proposal due dates. 4 P 1`11 11' 0 D 5_1 NJPA requests that potential Proposers respond to this RFP only if they are able to offer a wide array of products and services at lower prices and with better value than what they would ordinarily offer to a single government agency, a school district, or a regional cooperative. 13 Page 206 of 380 5_2 This RFP requests pricing for an indefinite quantity of products or related services with potential national sales distribution and service. While most RFP categories represent significant sales opportunities, NJPA makes no guarantees about the quantity of products or services that members will purchase. The estimated annual value of this contract is �$30 Million Vendors are expected to anticipate additional volume through potential government, educational, and not- for-profit agencies that would find value in a national contract awarded by NJPA. 5_3 Regardless of the payment method selected by NJPA or an NJPA member, the total cost associated with any purchase option of the products and services must always be disclosed in the proposal and at the time of purchase. 5_4 All proposers must submit "Primary Pricing" in the form of either "Line -Item Pricing," or "Percentage Discount from Catalog Pricing," or a combination of these pricing strategies. Proposers are also encouraged to offer optional pricing strategies such as "Hot List," "Sourced Products," and "Volume Discounts," as well as financing options such as leasing. All pricing documents should include a clear effective date. A. LINE -ITEM PRICING 5_5 Line -item pricing is a pricing format in which individual products or services are offered at specific Contract prices. Products or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing may offer the least amount of confusion, but Proposers with a large number of items may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and may increase the clarity of the contract pricing format. 5_6 All line -item pricing items must be numbered, organized, sectioned (including SKUs, when applicable), and prepared to be easily understood by the Evaluation Committee and members. 5_7 Submit Line -Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line item from other line items in each Responder's proposal. 5_8 Line -item pricing must be submitted to NJPA in a searchable spreadsheet format (e.g., Microsoft® Excel®) in order to facilitate quickly finding any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information that is typically found on an invoice or price quote for such product or services. 5_9 All products or services typically appearing on an invoice or price quote must be individually priced and identified on the line -item price sheet, including any and all ancillary costs. 5.10 Proposers should provide both a published "List Price" as well as a "Proposed Contract Price" in their pricing matrix. Published List Price will be the standard "quantity of one" price currently available to government and educational customers, excluding cooperative and volume discounts. E. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 5.11 This pricing model involves a specific percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price (MSRP) for the products or services being proposed. 5.12 Individualized percentage discounts can be applied to any number of defined product groupings. 5.13 A percentage discount from MSRP may be applied to all elements identified in MSRP, including all manufacturer options applicable to the products or services. 14 Page 207 of 380 5.14 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintaining current published MSRP with NJPA, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. C. COST PLUS A PERCENTAGE OF COST 5.15 "Cost plus a percentage of cost" as a primary pricing mechanism is not desirable. It is, however, acceptable for pricing sourced goods or services. D. HOT LIST PRICING 5.16 Where applicable, a Vendor may opt to offer a specific selection of products or services, defined as "Hot List" pricing, at greater discounts than those listed in the standard Contract pricing. All product and service pricing, including the Hot List Pricing, must be submitted electronically in a format that is acceptable to NJPA. Hot List pricing must be submitted in a line -item format. Products and services may be added or removed from the Hot List at any time through an NJPA Price and Product Change Form. 5.17 Hot List program and pricing may also be used to discount and liquidate close-out and discontinued products and services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. E. CEILING PRICE 5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed products or services be offered under this Contract at prices above this ceiling price without a specific request and approval by NJPA. Contract prices may be reduced at any time, for example, to reflect volume discounts or to meet the needs of an NJPA Member. 5.19 [This section is intentionally blank.] F. VOLUME PRICE DISCOUNTS / ADDITIONAL (QUANTITIES 5.20 through 5.23 [These sections are intentionally blank.] G. TOTAL COST OF ACQUISITION 5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third parry, is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end -user's location. For example, if you are proposing equipment/products FOB Proposer's dock, your proposal should reflect that the contract pricing does not provide for delivery beyond Proposer's dock, nor any set-up activities or costs associated with those delivery or set-up activities. Any additional costs for delivery and set-up should be clearly disclosed. In contrast, a proposal could state that there are no additional costs of acquisition if the product is delivered to and operational at the end -user's location. H. SOURCED GOOD or OPEN MARKET ITEM 5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor's NJPA contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members' needs. Sourced items are generally deemed incidental to the total transaction or purchase of contract items. 15 Page 208 of 380 5.26 NJPA or NJPA Members may request products, equipment, and related services that are within the related scope of this RFP, even if they are not included in an awarded Vendor's line -item price list or catalog. These items are known as Sourced Goods or Open Market Items. 5.27 An awarded Vendor may source such items to the extent that the items are identified as "Sourced Products/Equipment" or "Open Market Items" on any quotation issued in reference to an NJPA awarded contract, and that this information is provided to either NJPA or an NJPA Member. NJPA is not responsible for determining whether a Sourced Good is an incidental portion of the overall purchase or whether a Member is able to consider a Sourced Good a purchase under an NJPA contract. 5.28 "Cost plus a percentage" pricing is an acceptable option in pricing of Sourced Goods. I. PRODUCT & PRICE CHANGES 5.29 Awarded Vendors may request product or service changes, additions, or deletions at any time throughout the contract term. All requests must be made in written format by completing the NJPA Price and Product Change Request Form (located at the end of this RFP and on the NJPA website), signed by an authorized Vendor representative. All changes are subject to review and approval by NJPA. Submit your requests through email to your assigned Contract Manager and to PandP@njpacoop.org. 5.30 NJPA will determine whether the request is both within the scope of the original RFP and in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be returned to the Vendor contact through email. 5.31 The Vendor must 1) complete this change request form and individually list or attach all items subject to change, 2) provide a sufficiently detailed explanation and documentation for the change, and 3) include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all products and services being offered and must conform to the following NJPA product and price change naming convention: (Vendor Name) (NJPA Contract 9) (effective pricing date); for example, "COMPANY 012411-CPY effective 02-12-2016." 5.32 The new pricing restatement must include all products and services offered, even for those items whose pricing remains unchanged, and must include a new effective date on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. 5.33 ADDITIONS. New products and related services may be added to a Contract resulting from this RFP at any time during that Contract term to the extent that those products and related services are within the scope of this RFP. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality. 5.34 DELETIONS. New products and related services may be deleted from a contract if an item is no longer available. 5.35 PRICE CHANGES. A Vendor may request pricing changes by providing reasonable justification for the change. For example, a request for a 3% increase in a product line that relies heavily on petroleum products may be reasonable if the raw cost of required petroleum products has increased substantially. Conversely, a request for a 3% increase in prices based only on a 3% increase in a cost -of -living index may be considered unreasonable. Although NJPA is sensitive to the possibility of fluctuations in raw material costs, prospective Vendors should make every reasonable attempt to account for normal cost changes by proposing pricing that will be effective throughout the duration of the four-year Contract. 5.35.1 Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions that are due to advancement in technology and marketplace efficiencies. 16 Page 209 of 380 5.35.2 Price increases: A Vendor must include reasonable documentation for price -increase requests, along with both current and proposed pricing. Appropriate documentation should be attached to the Price and Product Change Request Form, including letters from suppliers announcing price increases. Price increases must not exceed the industry standard. 5.36 through 5.37 [These sections are intentionally blank.] 5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 5.39 through 5.43 [These sections are intentionally blank.] 5.44 Sales and other taxes should not be included in the prices quoted. The Vendor will charge state and local sales and other applicable taxes on items for which a valid tax -exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax-exempt status to the Vendor. When ordering, NJPA Members must indicate that they are tax-exempt entities. Except as set forth herein, no party is responsible for taxes imposed on another party as a result of or arising from the transactions under a Contract resulting from this RFP. L. SHIPPING 5.45 Shipping costs can constitute a significant portion of the overall cost of procurement. Consequently, significant weight will be given to the quality of a prospective Vendor's shipping program. Shipping charges should reasonably reflect the actual cost of shipping. NJPA understands that Vendors may use other shipping cost methods for simplicity or for transparency. But to the extent that shipping costs are determined to disproportionately increase a Vendor's profit, NJPA may reduce the points awarded in the "Pricing" criteria. 5.46 through 5.47 [These sections are intentionally blank.] 5.48 All shipping and restocking fees must be identified in the price program. Certain industries providing made-to-order products may not allow returns. Proposals will be evaluated not only on the actual costs of shipping, but on the relative flexibility extended to NJPA Members relating to restocking fees, shipping errors, customized shipping requirements, the process for rejecting damaged or delayed shipments, and similar subjects. 5.49 through 5.50 [These sections are intentionally blank.] 5.51 Delivered products must be properly packaged. Damaged products may be rejected. If the damage is not readily apparent at the time of delivery, the Vendor must permit the products to be returned within a reasonable time at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the products at the time of delivery. 5.52 The Vendor must deliver Contract -conforming products in each shipment and may not substitute products without the express approval from NJPA or the NJPA Member. 5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products that are not under Contract and described in its paper or electronic price lists or sourced upon request of any Member under this Contract. In the event of the delivery of nonconforming products, 17 Page 210 of 380 the NJPA Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming products with conforming products that are acceptable to the NJPA member. 5.54 Throughout the term of the Contract, Proposer agrees to pay for return shipment on products that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of the damaged products. 16 , "90. W U, 4' N' V¶ � 4' ) U, 1111101,11 1 �' 1 4' N' 1,1 1 N' ��^,U 111 W ' s A. PROPOSAL EVALUATION PROCESS 6_1 The NJPA proposal evaluation committee will evaluate proposals received based on a 1,000 point evaluation system. The committee establishes both the evaluation criteria and designates the relative weight of each criterion by assigning possible scores for each category on Form G of this RFP. The committee may adjust the relative weight of the criteria for each RFP. (For example, if the "Warranty" criterion does not apply to a particular RFP, the points normally awarded under "Warranty" may be used to increase the number of potential points in another evaluation category or categories.) The "Pricing" criterion will contain at least a plurality of points for every RFP. 6_2 NJPA uses a scoring system that gives primary importance to "Pricing." But pricing includes more than just the absolute lowest initial cost of purchasing, for example, a particular product. Other considerations include the total cost of the acquisition and whether the Proposer's offering represents the best value. The evaluation committee may consider such factors as life -cycle costs, total cost of ownership, quality, and the suitability of an offering in meeting NJPA Members' needs. Pricing points may be awarded based on pricing clarity and ease of use. NJPA may also award points based on whether a response contains exceptions, exclusions, or limitations of liabilities. 6_3 The NJPA Board of Directors will consider making awards to the selected Proposer(s) based on the recommendations of the proposal evaluation committee. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under "Proposer Responsiveness," found just below. B. PROPOSER RESPONSIVENESS 6_4 All responses are evaluated for Level -One and Level -Two Responsiveness. If a response does not substantially conform to substantially all of the terms and conditions in the solicitation, or if it requires unreasonable exceptions, it may be considered nonresponsive. 6_5 All proposals must contain suitable responses to the questions in the proposal forms. The following requirements must be satisfied in order to meet Level -One Responsiveness, which is typically ascertained on the proposal opening date. If these standards are not met, your response may be disqualified as nonresponsive. 6_6 Level -One Responsiveness means that the response 6.6.1 is received before the deadline for submission or it will be returned unopened; 6.6.2 is properly addressed and identified as a sealed proposal with a specific RFP number and an opening date and time; 6.6.3 contains a pricing document (with apparent discounts) and all other forms fully completed, even if "not applicable" is the answer; 18 Page 211 of 380 6.6.4 includes the original (hard copy) completed, dated, and signed RFP forms C, D, and F. In addition, the response must include the hard -copy signed signature page only from RFP Forms A and P and, if applicable, all signed addenda that have been issued in relation to this RFP; 6.6.5 contains an electronic (CD, flash drive, or other suitable) copy of the entire response; and 6_7 Level -Two Responsiveness (including whether the response is within the RFP's scope) is determined while evaluating the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance. Each item draws from multiple questions, and a Proposer's responses may affect scoring in multiple evaluation criteria. For example, the answers to Industry -Specific Questions may help determine scoring relative to a Proposer's marketplace success, ability to sell and service nationwide, and financial strength. Any questions not answered without an explanation will likely result in a loss of points and may lead to a nonaward if the proposal evaluation committee cannot effectively review your response. C. PROPOSAL EVALUATION CRITERIA 6_8 Forms A and P include a series of questions that address the following categories: 6.8.1 Company Information and Financial Strength 6.8.2 Industry Requirements and Marketplace Success 6.8.3 Ability to Sell and Deliver Service Nationwide 6.8.4 Marketing Plan 6.8.5 Other Cooperative Procurement Contracts 6.8.6 Value -Added Attributes 6.8.7 Payment Terms and Financing Options 6.8.8 Warranty 6.8.9 Equipment/Products/Services 6.8.10 Pricing and Delivery 6.8.11 Industry -Specific Questions 6_9 [This section is intentionally blank.] D. OTHER CONSIDERATIONS 6.10 In evaluating RFP responses, NJPA has no obligation to consider information that is not provided in the Proposer's response. NJPA may, however, consider additional information outside the Proposer's response. This research may include such sources as the Proposer's website, industry publications, listed references, and user interviews. 6.11 NJPA may organize RFP responses into separate classes or subcategories, depending on the range of responses. For example, NJPA might receive numerous submissions for "Widgets and Related Products and Services." NJPA may organize these responses into subcategories, such as manufacturers of fully operational Widgets, manufacturers of component parts for Widgets, and providers of parts and service for Widgets. NJPA reserves the right to award Proposers in some or all of such subcategories without regard to the evaluation score given to Proposers in another subcategory. This specifically allows NJPA to award Vendors that might not have, for instance, the breadth of products of Proposers in another subcategory, but that nonetheless meet a substantial and articulated need of NJPA Members. 19 Page 212 of 380 6.12 [This section is intentionally blank.] 6.13 NJPA reserves the right to request and test equipment/products and related services and to seek clarification from Proposers. Before the Contract award, the Proposer must furnish the requested information within three (3) days (or within another agreed -to time frame) or provide an explanation for the delay along with a requested time frame for providing the requested information. Proposers must make reasonable efforts to supply test products promptly. All Proposer products remain the property of the Proposer, and NJPA will return such products after the evaluation process. NJPA may make provisional contract awards, subject to a Proposer's proper response to a request for information or products. 6.14 A Proposer's past performance under previously awarded contracts to schools, governmental agencies, and not-for-profit entities is relevant in evaluating a Proposer's current response. Past performance includes the Proposer's record of conforming to published specifications and to standards of good workmanship, as well as the Proposer's history for reasonable and cooperative behavior and for commitment to Member satisfaction. Incumbency as an awarded Vendor does not, by itself, merit positive consideration for a future Contract award. 6.15 NJPA reserves the right to reject any or all proposals. E. COST COMPARISON 6.16 NJPA may use a variety of evaluation methods, including cost comparisons of specific products. NJPA reserves the right to use this process when the proposal evaluation committee determines that this will help to make a final determination. 6.17 This direct cost comparison process will award points for being low to high Proposer for each cost evaluation item selected. A "Market Basket" of identical (or substantially similar) equipment/products and related services may be selected by the proposal evaluation committee, and the unit cost will be used as a basis for determining the point value. NJPA will select the "Market Basket" from all appropriate product categories as determined by NJPA. F. MARKETING PLAN 6.18 A Proposer's marketing plan is a critical component of the RFP response. An awarded Vendor's sales force will likely be the primary source of communication with NJPA Members and will directly affect the contract's success. Marketing success depends on communicating the contract's value, knowing the contract thoroughly, and communicating the proper use of contracted products and services to the end user. Much of the success and sales reward is a direct result of the commitment to the contract by the awarded Vendor's sales teams. NJPA reserves the right to deem a Proposer Level -Two nonresponsive or not to award a contract based on an unacceptable or incomplete marketing plan. 6.19 NJPA marketing expectations include the following components. 6.19.1 An awarded Vendor must demonstrate the ability to deploy a national sales force or dealer network. The best RFP responses demonstrate the ability to sell, deliver, and service products through acceptable distribution channels to NJPA members in all 50 states. Proposers' responses should fully demonstrate their sales and service capabilities, should outline their national sales force network (both numerically geographically), and should describe their method of distribution of the offered products and related services. Service may be independent of the product sales pricing, but NJPA encourages related services to be a part of Proposers' response. Despite its preference for awarding contracts to Vendors that demonstrate nationwide sales and service, NJPA reserves the right to award contracts that meet specific Member needs locally or regionally. 6.19.2 Proposers are invited to demonstrate their ability to successfully market, promote, and communicate the benefits of an NJPA contract to current and potential Members nationwide. NJPA 20 Page 213 of 380 desires a marketing plan that communicates the value of the contract to as many Members as possible. 6.19.3 Proposers are expected to be receptive to NJPA trainings. Awarded Vendors must provide an appropriate training venue for both management and the sales force. NJPA commits to providing training on all aspects of communicating the value of the awarded contract, including the authority of NJPA to offer the contract to its Members, the value and utility the contract delivers to NJPA Members, the scope of NJPA Membership, the authority of Members to use NJPA procurement contracts, the preferred marketing and sales methods, and the successful use of specific business sector strategies. 6.19.4 Awarded Vendors are expected to demonstrate a commitment to fully embrace the NJPA contract. Proposers should identify both the appropriate levels of sales management and sales force that will need to understand the value of the NJPA contract, as well as the internal procedures needed to deliver the appropriate messaging to NJPA Members. NJPA will provide a general schedule and a variety of methods describing when and how those individuals should be trained. 6.19.5 Proposers should outline their proposed involvement in promoting an NJPA contract through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with NJPA at NJPA-endorsed national trade shows. 6.19.6 Proposers must exhibit the willingness and ability to actively market and develop contract - specific marketing materials including the following items. 6.19.6.1 Complete Marketing Plan. Proposers must submit a marketing plan outlining how they will launch the NJPA contract to current and potential NJPA Members. NJPA requires awarded Vendors to embrace and actively promote the contract in cooperation with the NJPA. 6.19.6.2 Printed Marketing Materials. Awarded Vendors will produce and maintain full color print advertisements in camera-ready electronic format, including company logos and contact information to be used in the NJPA directory and other approved marketing publications. 6.19.6.3 Contract announcements and advertisements. Proposers should outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals, and other direct or indirect marketing activities promoting the awarded NJPA contract. 6.19.6.4 Proposer's Website. Proposers should identify how an awarded Contract will be displayed and linked on the Proposer's website. An online shopping experience for NJPA Members is desired whenever possible. 6.19.7 An NJPA Vendor contract launch will be scheduled during a reasonable time frame after the award and held at the NJPA office in Staples, MN unless the Vendor and NJPA agree to a different location. 6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate NJPA membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA. O. CERTIFICATE OF INSURANCE 6.21 Proposers must provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance (COI) or an ACORD binder form with their proposal. Upon an award issued under 21 Page 214 of 380 this RFP and before the execution of any commerce relating to such award, the awarded Vendor must provide verification, in the form of a Certificate of Insurance, identifying the coverage required below and identifying NJPA as a "Certificate Holder." The Vendor must maintain such insurance coverage at its own expense throughout the term of any contract resulting from this solicitation. 6.22 Any exceptions or assumptions to the insurance requirements must be identified on Form C of this RFP. Exceptions and assumptions will be considered as part of the evaluation process. Any exceptions or assumptions that Proposers submit must be specific. If a Proposer does not include specific exceptions or assumptions when submitting the proposal, NJPA will typically not consider any additional exceptions or assumptions during the evaluation process. Upon contract award, the awarded Vendor must provide the Certificate of Insurance identifying the coverage as specified. 6.23 Insurance Liability Limits. The awarded Vendor must maintain, for the duration of its contract, $1.5 million in general liability insurance coverage or general liability insurance in conjunction with an umbrella for a total combined coverage of $1.5 million. Work on the Contract will not begin until after the awarded Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or an acceptable alternative method of insurance will be deemed a breach of contract. 6.23.1 Minimum Scope and Limits of Insurance. A n a and e d Vendor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. 6.23.1.1 Commercial General Liability—Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability and XCU coverage. 6.23.1.2 Each Occurrence $1,500,000 6.24 Insurance Requirements: The limits listed in this RFP are minimum requirements for this Contract and in no way limit any indemnity covenants contained in this Contract. NJPA does not warrant that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, its agents, representatives, employees, or subcontractors, and the Vendor is free to purchase additional insurance as may be determined necessary. 6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an "A.M. Best" rating of not less than A- VII. NJPA does not warrant that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 6.26 Subcontractors: Vendors' certificate(s) must include all subcontractors as additional insureds under its policies, or the Vendor must furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors are be subject to the minimum requirements identified above. H. ORDER PROCESS AND/OR FUNDS FLOW 6.27 NJPA Members typically issue a purchase order directly to a Vendor under a Contract resulting from this RFP. Alternatively, a separate contract may be created to facilitate acquiring products or services offered in response to this RFP. Nothing in this Contract restricts the Member and Vendor from agreeing to add terms or conditions to a purchase order or a separate contract provided that such terms or conditions must not be less favorable to NJPA's Members. 6.28 [This section is intentionally blank.] 22 Page 215 of 380 I. ADMINISTRATIVE FEES 6.29 Vendors will pay to NJPA an administrative fee in exchange for NJPA facilitating this Contract with its current and potential Members. NJPA may grant a conditional contract award to a Proposer if the proposed administrative fee is unclear, inadequate, or unduly burdensome for NJPA to administer. Sales under this Contract should not be processed until the parties resolve the administrative fee issue. 6.29.1 The administrative fee is typically calculated as a percentage of the dollar volume of all products and services by NJPA Members under this Contract, including anything represented to NJPA Members as falling under this Contract. 6.29.2 The administrative fee is included in, and not added to, the pricing included in Proposer's response to the RFP. Awarded Vendors must not charge NJPA Members more that permitted in the then current price list in order to offset the administrative fee. 6.29.3 The administrative fee is designed to cover the costs of NJPA's involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract. Administrative fees may also be used for other purposes as allowed by Minnesota law. 6.29.4 The typical administrative fee under this Contract is two percent (2%). While NJPA does not dictate the particular fee percentage, we require that the Proposer articulate a specific fee in its response. For example, merely stating that "we agree to pay an administrative fee" is considered nonresponsive. NPJA acknowledges that the administrative fee percentage may differ between vendors, industries, and responses. 6.29.5 NJPA awarded Vendors are responsible for paying the administrative fee at least quarterly and for generating all related reporting. Vendors agree to cooperate with NJPA in auditing these reports to ensure that the administrative fee is paid on all items purchased under the Contract. 6.30 through 6.32 [This section is intentionally blank.] J. VALUE—ADDED ATTRIBUTES 6.33 Desirability of Value -Added Attributes: Value-added attributes in an RFP response will be given positive consideration in NJPA's evaluation process. Such attributes may increase the benefit of a product or service by improving functionality, performance, maintenance, manufacturing, delivery, energy efficiency, ordering, or other items while remaining within the scope of this RFP. 6.34 Women and Minority Business Enterprise (WMBE), Small Business, and Other Favored Businesses: Some NJPA Members give formal preference to certain types of vendors or contractors. Proposers should document WMBE (or other) status for both their organization and for any affiliates (e.g., supplier networks) involved in fulfilling the terms of this RFP. The ability of a Proposer to provide preferred business entity "credits" to NJPA and NJPA Members under a Contract will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. 6.35 Environmentally Preferred Purchasing Opportunities: Many NJPA Members consider the environmental impact of the products and services they purchase. "Green" characteristics demonstrated by Proposers will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. Please identify any green characteristics of any offering in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as green and by which certifying agency. 6.36 Online Requisitioning Systems: When applicable, online requisitioning systems will be viewed as a value-added characteristic. Proposers should demonstrate how their system makes online ordering easier 23 Page 216 of 380 for NJPA Members, including how Members could integrate their current e -Procurement or enterprise resource planning (ERP) systems into the Proposer's ordering process. 6.37 Financing: The ability of the Proposer to provide financing solutions to Members for the products and services being proposed will be viewed as a value-added attribute. 6.38 Technology: Technological advances that appreciably improve the proposed products or services will be considered value-added attributes. K. WAIVER OF FORMALITIES 6.39 NJPA reserves the right to waive minor formalities (or to accept minor irregularities) in any proposal, when it determines that considering the proposal may be in the best interest of its Members. r lll01)Si. 1.0. . .1n1) .I.)11i11,11"(1, ISM im......7...........; ..................................................................................... � A. SUBSEQUENT AGREEMENTS 7_1 Purchase Order. Purchase orders for products and services may be executed between NJPA Members and the awarded Vendor (or Vendor's sub -contractors) under this Contract. NJPA Members and Vendors must indicate on the face of such purchase orders that "This purchase order is issued under NJPA contract 9XXXXXX" (insert the relevant contract number). Purchase order flow and procedure will be developed jointly between NJPA and an awarded Vendor after an award is made. 7_2 Governing Law. Purchase orders must be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the Member. (See also Section 8.5 of this RFP.) All provisions required by law to be included in the purchase order should be read and enforced as if they were included. If through mistake or otherwise any such provision is not included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to purchase order will be a court of competent jurisdiction with respect to the Member. 7_3 Additional Terms and Conditions. Additional terms and conditions to a purchase order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is optional to all parties to the purchase order. One purpose of these additional terms and conditions is to address job- or industry -specific requirements of law such as prevailing wage legislation. Additional terms and conditions may also include specific local policy requirements and standard business practices of the issuing Member or the Vendor. Such additional terms and conditions are not considered valid to the extent that they interfere with the general purpose, intent, or currently established terms and conditions contain in this RFP document. For example, a Vendor and Member may agree to add a "net 30" payment requirement to the purchase order instead of applying a "net 10" requirement. But the added terms and conditions must not be less favorable to the Member unless NJPA, the Member, and the Vendor agree to a Contract amendment or similar modification. 7_4 Specialized Service Requirements. In the event that the NJPA Member desires service requirements or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in the Contract resulting from this RFP, the NJPA Member and the Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre -approval by the Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, and employees shall not be made a party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part of or within the scope of the awarded Contract. 24 Page 217 of 380 7_5 Performance Bond. At the request of the Member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of purchase orders for products and services. If a purchase order is cancelled for lack of a required performance bond by the member agency, NJPA recommends that the current pending purchase order be canceled. Each Member has the final decision on purchase order continuation. Any performance bonding required by the Member, the Member's state laws, or by local policy is to be mutually agreed upon and secured between the Vendor and the Member. 7.6 Asset Management Contracts: Asset Management -type Contracts can be initiated under a Contract resulting from this RFP at any time during the term of this Contract. Such a contract could involve, for example, picking up, storing, repairing, inventorying, salvaging, and delivery products falling within the scope of this Contract. The intention in using Asset Management Contracts is to promote the long-term efficiency of NJPA's contracts by (among other things) extending the use and re -use of products. Asset Management Contracts cannot be created under this Contract unless they are executed within the authorized term of a Contract resulting from this RFP. The actual term of the Asset Management Contract may, however, extend beyond the expiration date of this Contract. B. NJPA MEMBER SIGN-UP PROCEDURE 7_7 Awarded Vendors are responsible for familiarizing their sales and service forces with the various forms of NJPA membership documentation and will encourage and assist potential Members in establishing membership with NJPA. NJPA membership is available at no cost, obligation, or liability to the Member or the Vendor. C. REPORTING OF SALES ACTIVITY 7_8 Awarded Vendors must report at least quarterly the total gross dollar volume of all products and services purchased by NJPA Members as it applies to this RFP and Contract. This report must include the name and address of the purchasing agency, Member number, amount of purchase, and a description of the items purchased. 7.8.1 Zero sales reports: Awarded Vendors must provide a quarterly Contract sales report regardless of the amount of sales. D. AUDITS 79 NJPA relies substantially on the reasonable auditing efforts of both Members and awarded Vendors to ensure that Members are obtaining the products, services, pricing, and other benefits under all NJPA contracts. Nonetheless, the Vendor must retain and make available to NJPA all order and invoicing documentation related to purchases that Members make from the Vendor under the awarded Contract. NJPA must not request such information more than once per calendar year, and NJPA must make such requests in writing with at least fourteen (14) days' notice. NJPA may employ an independent auditor at its own expense or conduct an audit on its own. In either event, the Vendor agrees to cooperate fully with NJPA or its agents in order to ensure compliance with this Contract. E. HUB PARTNER 7.10 Hub Partner: NJPA Members may request special services through a "Hub Partner" for the purpose of complying with a law, regulation, or rule that an NJPA Member deems to apply in its jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, through qualifying for disadvantaged business entity credits, or through other means. 7.11 Hub Partner Fees: NJPA Members are responsible for any transaction fees, costs, or expenses that arise under this Contract for special service provided by the Hub Partner. The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction documentation. To the extent that the Vendor 25 Page 218 of 380 stands in the chain of title during a transaction resulting from this RFP, the documentation must clearly indicate that the transaction is "Executed for the Benefit of [NJPA Member name]." F. TRADE-INS 7.12 The value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified "Trade -In" value shall be viewed as a down payment and credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration. C. OUT OF STOCK NOTIFICATION 7.13 The Vendor must immediately notify NJPA Members when they order an out -of -stock item. The Vendor must also tell the Member when the item will be available and whether there are equivalent substitutes. The Member must have the option of accepting the suggested substitute or canceling the item from the order. Under no circumstance may the Vendor make unauthorized substitutions. Unfilled or substituted items must be indicated on the packing list. H. CONTRACT TERMINATION FOR CAUSE AND WITHOUT CAUSE 7.14 NJPA reserves the right to cancel all or any part of this Contract if the Vendor fails to fulfill any material obligation, term, or condition as described in the following procedure. Before any such termination for cause, the NJPA will provide written notice to the Vendor, an opportunity to respond, and a reasonable opportunity to cure the breach. The following are some examples of material breaches. 7.14.1 The Vendor provides products or services that do not meet reasonable quality standards and that are not remedied under the warranty; 7.14.2 The Vendor fails to ship the products or to provide the services within a reasonable amount of time; 7.14.3 NJPA reasonably believes that the Vendor will not or cannot perform to the requirements or expectations of the Contract, NJPA issues a request for assurance, and the Vendor fails to respond; 7.14.4 The Vendor fails to fulfill any of the material terms and conditions of the Contract; 7.14.5 The Vendor fails to follow the established procedure for purchase orders, invoices, or receipt of funds as established by NJPA and the Vendor; 7.14.6 The Vendor fails to properly report quarterly sales; 7.14.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and defined in the NJPA contract launch. 7.15 Upon receipt of the written notice of breach, the Vendor will have ten (10) business days to provide a satisfactory response to NJPA. If the Vendor fails to reasonably address all issues in the written notice, NJPA may terminate the Contract immediately. If NJPA allows the Vendor more time to remedy the breach, such forbearance does not limit NJPA's authority to immediately terminate the Contract for continued breaches for which notice was given to the Vendor. Termination of the Contract for cause does not relieve either parry of the financial, product, or service obligations incurred before the termination. 7.16 NJPA may terminate the Contract if the Vendor files for bankruptcy protection or is acquired by an independent third parry. The Vendor must disclose to NJPA any litigation, bankruptcy, or 26 Page 219 of 380 suspensions/disbarments that occur during the Contract period. Failure to disclose such information authorizes NJPA to immediately terminate the Contract. 7.17 NJPA may terminate the Contract without cause by giving the Vendor sixty (60) days' written notice of termination. Termination of the Contract without cause does not relieve either parry of the financial, product, or service obligations incurred before the termination. 7.18 NJPA may immediately terminate any Contract without further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of NJPA has colluded with any Proposer for personal gain. NJPA may also immediately cancel a Contract if it finds that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of NJPA. Such terminations are effective upon written notice from NJPA or at a later date designated in the notice. Termination of the Contract does not relieve either party of the financial, product, or service obligations incurred before the termination. h )a i 1, '% ` , V) (; 0 ),, V V I-10 gym;;,; 8. ADVERTISING A CONTRACT RESULTING FROM THIS RFP 8_1 Proposer/Vendor must not advertise or publish information concerning this Contract before the award is announced by NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. B. APPLICABLE LAW 8_2 [This section is intentionally blank.] 8_3 NJPA Compliance with Minnesota Procurement Law: NJPA has designed its procurement process to comply with best practices in the State of Minnesota. NJPA's solicitation methods are also created to comply with many of the various requirements that our Members must satisfy in their own procurement processes. But these requirements may differ considerably and may change from time to time. So each NJPA Member must make its own determination whether NJPA's solicitation process satisfies the procurement rules in the Member's jurisdiction. 8_4 Governing law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws will govern NJPA contracts resulting from this solicitation. 8_5 Jurisdiction: Any claims that arise against NJPA pertaining to this RFP, and any resulting contract that develops between NJPA and any other party, must be brought only in courts in Todd County in the State of Minnesota unless otherwise agreed to. 8.5.1 Purchase orders or other agreements created pursuant to a contract resulting from this solicitation must be construed in accordance with, and governed by, the laws of the issuing Member. Any claim arising from such a purchase order or agreement must be filed and venued in a court of competent jurisdiction of the Member unless otherwise agreed to. 8.6 through 8.7 [This section is intentionally blank.] 8_8 Indemnification: Each party is responsible for its own acts and is not responsible for the acts of the other parry and the results thereof NJPA's liability is governed by the Minnesota Tort Claims Act (Minn. Stat. §3.736) and other applicable law. 27 Page 220 of 380 8_9 Prevailing wage: The Vendor must comply with applicable prevailing wage legislation in effect in the jurisdiction of the NJPA Member. The Vendor must monitor the prevailing wage rates as established by the appropriate federal governmental entity during the term of this Contract and adjust wage rates accordingly. 8.10 Patent and copyright infringement: The Vendor agrees to indemnify and hold harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted or recovered against the Vendor, NJPA, or NJPA Members by any person on account of the use or sale of any articles by NJPA or NJPA Members if the Vendor supplied such articles in violation of applicable patent or copyright laws. C. ASSIGNMENT OF CONTRACT 8.11 No right or interest in this Contract may be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor under this Contract may be made without prior written permission of the NJPA. NJPA will notify Members by posting approved assignments on the NJPA website (www.nj at coo17 car). 8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor -in -interest must perform all obligations under this Contract. NJPA reserves the right to reject the acquiring entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor. D. LIST OF PROPOSERS 8.13 NJPA will not maintain a list of interested proposers, nor will it automatically send RFPs to them. All interested proposers must request the RFP as a result of NJPA's national solicitation advertisements. Because of the wide scope of the potential Members and qualified national suppliers, NJPA has determined this to be the best method of fairly soliciting proposals. E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 8.14 The captions, illustrations, headings, and subheadings in this RFP are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. F. DATA PRACTICES 8.15 All materials submitted in response to this RFP become NJPA's property and become public records (under Minn. Stat. § 13.591) after the evaluation process is completed. If the Proposer submits information in response to this RFP that it requests to be classified as nonpublic information (as defined by the Minnesota Government Data Practices Act, Minn. Stat. §13.37), the Proposer must meet the following requirements. 8.15.1 The Proposer must make the request within thirty (30) days of the award/nonaward notification, and include the appropriate statutory justification. Pricing, marketing plans, and financial information is generally not redactable. The NJPA Legal Department will review the request to determine whether the information can be withheld or redacted. If NJPA determines that it must disclose the information upon a proper request for such information, NJPA will inform the Proposer of such determination. 8.15.2 The Proposer must defend any action seeking release of the materials that it believes to be nonpublic information, and it must indemnify and hold harmless NJPA, its agents, and employees, from any judgments or damages awarded against NJPA in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the term of any contract awarded under this RFP. In submitting a response to this RFP, the Proposer agrees that this indemnification survives as long as NJPA possesses the confidential information. 28 Page 221 of 380 8.16 [This section is intentionally blank.] G. ENTIRE AGREEMENT 8.17 This Contract, as defined herein, constitutes the entire agreement between the parties to this Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award & Acceptance document (Form E). H. FORCE MAJEURE 8.18 Except for payments of sums due, neither party is liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions -intervention -acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure is deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and is deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure does not include late deliveries of products and services caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party must (if possible) notify the other party of such delay within forty-eight (48) hours. 8.19 through 8.20 [These sections are intentionally blank.] I. LICENSES 8.21 The Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with NJPA and NJPA Members. 8.22 All responding Proposers must be licensed (where required) and must have the authority to sell and distribute the offered products and services to NJPA and NJPA Members. Documentation of the required licenses and authorities, if applicable, should be included in the Proposer's response to this RFP. J. MATERIAL SUPPLIERS AND SUB -CONTRACTORS 8.23 The awarded Vendor must supply the names and addresses of sourcing suppliers and sub -contractors as a part of the purchase order when requested by NJPA or an NJPA Member. K. NON -WAIVER OF RIGHTS 8.24 No failure of either party to exercise any power given to it hereunder, nor a failure to insist upon strict compliance by the other party with its obligations hereunder, nor a custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP constitutes a waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or to assert any right hereunder does not constitute a waiver of such right. L. PROTESTS OF AWARDS MADE 29 Page 222 of 380 8.25 And protests must be filed with NJPA's Executive Director and must be resolved in accordance with appropriate Minnesota rules. Protests will only be accepted from Proposers. A protest of an award or nonaward must be filed in writing with NJPA within ten (10) calendar days after the public notice or announcement of the award or nonaward. A protest must include the following items. 8.25.1 The name, address, and telephone number of the protester; 8.25.2 The original signature of the protester or its representative (you must document the authority of the representative); 8.25.3 Identification of the solicitation by RFP number; 8.25.4 Identification of the statute or procedure that is alleged to have been violated; 8.25.5 A precise statement of the relevant facts; 8.25.6 Identification of the issues to be resolved; 8.25.7 The aggrieved parry's argument and supporting documentation; 8.25.8 The aggrieved party's statement of potential financial damages; and 8.25.9 A protest bond in the name of NJPA and in the amount of 10% of the aggrieved parry's statement of potential financial damages. M. SUSPENSION OR DISBARMENT STATUS 8.26 If within the past five (5) years, any firm, business, person or Proposer responding to an NJPA solicitation has been lawfully terminated, suspended, or precluded from participating in any public procurement activity with a federal, state, or local government or education agency, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the termination of a Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. N. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 8.27 An Affirmative Action Plan, Certificate of Affirmative Action, or other documentation regarding Affirmative Action may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. 8.28 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. 0. SEVERABILITY 8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, or statutory provision, or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms will be deemed stricken from the Contract, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP. P. RELATIONSHIP OF PARTIES 8.30 No Contract resulting from this RFP may be considered a contract of employment. The relationship between NJPA and an awarded Vendor is one of independent contractors, each free to exercise judgment 30 Page 223 of 380 and discretion with regard to the conduct of their respective businesses. The parties neither intend the proposed Contract to create, nor is to be construed as creating, a partnership, joint venture, master -servant, principal -agent, or any other, relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation, or otherwise in any manner whatsoever except as may be expressly provided herein. [THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] 31 Page 224 of 380 Form A PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P Proposer Name: Questionnaire completed by: Please identify the person NJPA should correspond with from now through the Award process: Name: E -Mail address: Please answer the questions below using the Microsoft Word' version of this document. This allows NJPA evaluators to cut and paste your answers into a separate worksheet. Place your answer directly below each question. NJPA prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). Please create a response that is easy to read and understand. For example, you may consider using a different font and color to distinguish your answer from the questions. Company Information & Financial Strength 1) Provide the full legal name, mailing and email addresses, tax identification number, and telephone number for your business. 2) Provide a brief history of your company, including your company's core values, business philosophy, and longevity in the ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES industry. 3) Provide a detailed description of the products and services that you are offering in your proposal. 4) What are your company's expectations in the event of an award? 5) Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. 6) What is your US market share for the solutions that you are proposing? What is your Canadian market share, if any? 7) Has your business ever petitioned for bankruptcy protection? Please explain in detail. 8) How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), please provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, please describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 9) If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. 10) Provide all "Suspension or Disbarment" information that has applied to your organization during the past ten years. 11) Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. 32 Page 225 of 380 Industry Recognition & Marketplace Success 12) Describe any relevant industry awards or recognition that your company has received in the past five years. 13) Supply three references/testimonials from your customers who are eligible for NJPA membership. At a minimum, please include the entity's name, contact person, and phone number. 14) Provide a list of your top five governmental or educational customers (entity name is optional), including entity type, the state the entity is located in, scope of the pro] ects, size of transactions, and dollar volumes from the past three years. 15) Indicate separately what percentages of your sales are to the government and education sectors in the past three years? 16) List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 17) List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? Proposer's Ability to Sell and Deliver Service Nationwide 18) Describe your company's capability to meet NJPA Member's needs across the country. Your response should address at least the following areas. a) Sales force. b) Dealer network or other distribution methods. c) Service force. Please include details, such as the locations of your network of sales and service providers, the number of workers (full- time equivalents) involved in each sector, whether these workers are your direct employers (or employees of a third parry), and any overlap between the sales and service functions. 19) Describe in detail the process and procedure of your customer service program, if applicable. Please include your response -time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. 20) a) Identify any geographic areas of the United States that you will NOT be fully serving through the proposed contract. b) Identify any NJPA Member sectors (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Please explain your answer. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 21) Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories. Marketing Plan 22) If you are awarded a contract, how will you train your sales management, dealer network, and direct sales teams (whichever apply) to ensure maximum impact? Please include how you will communicate your NJPA pricing and other contract detail to your sales force nationally. 23) Describe your marketing strategy for promoting this contract opportunity. Please include representative samples of your marketing materials in electronic format. 24) Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. 33 Page 226 of 380 25) In your view, what is NJPA's role in promoting contracts arising out of this RFP? How will you integrate an NJPA- awarded contract into your sales process? 26) Are your products or services available through an e -procurement ordering process? If so, describe your e -procurement system and how governmental and educational customers have used it. Value -Added Attributes 27) Describe any product, equipment, maintenance, or operator training programs that you offer to NJPA Members. Please include details, such as whether training is standard or optional, who provides training, and any costs that apply. 28) Describe any technological advances that your proposed products or services offer. 29) Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. 30) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations that your company or hub partners have obtained. 31) What unique attributes does your company, your products, or your services offer to NJPA Members? What makes your proposed solutions unique in your industry as it applies to NJPA members? 32) Identify your ability and willingness to provide your products and services to NJPA member agencies in Canada. Signature: NOTE: Questions regarding Payment Terms, Warranty, Products/Equipment/Services, Pricing and Delivery, and Industry Specific Items are addressed on Form P. 34 Date: Page 227 of 380 Form B Company Name: Address: City/State/Zip: Phone: Toll -Free Number: Website Address: Authorized signer for your organization PROPOSER INFORMATION Fax: E-mail: COMPANY PERSONNEL CONTACTS Name: Email: Phone: The person identified here must have proper signing authority to sign the "Proposer's Assurance of Compliance" on behalf of the Proposer. Who prepared your RFP response? Name: Email: Title: Phone: Who is your company's primary contact person for this proposal? Name: Email: Other important contact information Name: Email: Name: Email: Title: Phone: Title: Phone: Title: Phone: 35 Page 228 of 380 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, ��, „ AND SOLUTIONS REQUEST {�,►yA ;' Company Name: Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Term, Condition, or NJPA Section/page Specification Exception ACCEPTS Proposer's Signature: NJPA's clarification on exceptions listed above: Date: 36 Page 229 of 380 Contract Award RFP [ #120617 FORM D Formal Offering of Proposal (To be completed only by the Proposer) ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES In compliance with the Request for Proposal (RFP) for ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES, Ithe undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: Company Address: City: Contact Person: Authorized Signature: Date: State: Zip: Title: (Name printed or typed) 37 Page 230 of 380 Form E NJP8.L! . L ..! I C� � m, �Ilgwns�t 'awrm�avrw. er'/a Contract Acceptance and Award (To be completed only by NJPA) Proposer's full legal name Your proposal is hereby accepted, and a Contract is awarded. As an awarded Proposer, you are now bound to provide the defined products and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, your response, and any exceptions accepted by NJPA. The effective start date of the Contract will be , 20 and continue until - (no later than the later of four years from the expiration date of the currently awarded contract or four years from the NJPA Board's contract award date). This contract may be extended for a fifth year at NJPA's discretion. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: Awarded this day of NJPA Authorized signature: NJPA Executive Director 20 NJPA Board Member (Name printed or typed) NJPA Contract Number L )i ! "„ (Name printed or typed) Executed this day of 20 NJPA Contract Number "f),2,,li " The Proposer hereby accepts this Contract award, including all accepted exceptions and NJPA clarifications. Vendor Name Vendor Authorized signature: (Name printed or typed) Title: Executed this day of 20 NJPA Contract Number 1 ,), „ "I 38 Page 231 of 380 Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 39 Page 232 of 380 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: Address: City/State/Zip: Telephone Number: E-mail Address: Authorized Signature: Authorized Name (printed): Title: Date: Notarized Subscribed and sworn to before me this Notary Public in and for the County of My commission expires: Signature: day of 20 State of 40 Page 233 of 380 Form G f'�""�' ''" 4�,!.�1� r�£I OVERALL EVALUATION AND CRITERIA �y �`M (�/ For the Proposed Subject ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES Conformance to RFP Terms and Conditions 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service Nationwide 100 Marketing Plan 50 Value -Added Attributes 75 Warranty 50 Depth and Breadth of Offered Products and Related Services 200 Pricing 400 TOTAL POINTS 1000 Reviewed by: Its Its 41 Page 234 of 380 Form P QD PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry -Specific Questions Proposer Name: Questionnaire completed by: Payment Terms and Financine Options 1) What are your payment terms (e.g., net 10, net 30)? 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the NJPA Members' purchase orders. 4) Do you accept the P -card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? Warranty 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. • Do your warranties cover all products, parts, and labor? • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? • Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? • What are your proposed exchange and return programs and policies? 6) Describe any service contract options for the items included in your proposal. Pricine, Delivery, Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. 8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) 42 Page 235 of 380 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality, university, or school district. b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. 17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line -item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Industry -Specific Questions 19) Please specify product and voltage range the generator equipment that you are offering. 20) Describe your mobile or trailer mounted units, if any, and specify the ranges. 21) If you are providing trailers as part of a turnkey package, please provide details. 22) Describe how you will include customization and the pricing of such for the units. 23) Describe installation and service programs, and identify the associated services, service provider locations and pricing. 24) Describe any preventative maintenance or extended service coverage agreements. 25) Do you provide preventive, periodic or full maintenance plans/programs for the solutions you are proposing in this response? a. If so, provide a recommended service & maintenance agreement for a periodic/preventative and or full maintenance plan. b. What are recommended service intervals? 26) Describe your rental agreements and pricing schedule. 43 Page 236 of 380 27) Will you include used equipment and if so, provide a pricing strategy for these units. 28) Provide a general overview of your products EPA compliance. 29) Identify the lifecycle cost of ownership of your generator solutions. Signature: Date: 44 Page 237 of 380 a 45 Page 238 of 380 Electronic Copy Check when Hard Copy Required Required - CD or Completed Contents of Your Bid Proposal Signed and Dated Flash Drive Form A: Proposer Questionnaire with all questions answered completely X - signature page only X Form B: Proposer Information X Form C: Exceptions to Proposal, Terms, Conditions, and Solutions Request X X Form D: Formal Offering of Proposal X X Form E. Contract Acceptance and Award X Form F: Proposers Assurance of Compliance X X Form P: Proposer Questionnaire with all questions answered completely X -signature page only X Certificate of Insurance with $1.5 million coverage X X Copy of all RFP Addendums issued by NJPA X X Pricingforall Products/Equipment/Services within the RFP being proposed X Entire Proposal submittal including signed documents and forms. X All forms in the Hard Copy Required Signed and Dated should be inserted in the front of the submitted response, unbound. Package containingyour proposal labeled and sealed with the following language: "Competitive Proposal Enclosed, Hold for Public Opening XX-XX-XXXX" Response Package mailed and delivered priorto deadline to: NJPA, 202 12th St NE, Staples, MN 56479 45 Page 238 of 380 l� w� 1111 `1%, N�.� 1[ 11 ) o��lv 111 �,111 a' 11[ °,,1l C 111 %, "' 1I ) 111 a' 1[ ,, 0 111 ) VI) 1, C 11111 1%, "Nf 111:`�..� 111 111 S1lll��'. 0 111 Section 1. Instructions for Vendor Requests for product or service changes, additions, or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2, 3, and 4 of this NJPA Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the NJPA Contracts & Compliance Manager and to approval by NJPA's Chief Procurement Officer. Submit request through email to your assigned NJPA Contract Administrator.� NJPA will determine whether the request is 1) within the scope of the original RFP, and 2) in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact. The Vendor must complete this change request form and individually list or attach all items or services subject to change, must provide sufficiently detailed explanation and documentation for the change, and must include a complete restatement of pricing documentation in an appropriate format (preferably Microsoft® Excel®). The pricing document must identify all products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, "Acme Widget Company 9012416-AWC eff. 01-01-2017." NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new "effective date products the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each Vendor and creates a historical record of pricing. ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP. DELETIONS. New products and related services may be deleted from a contract if, for example, they are no longer available or have been modified to a point where they are outside the scope of the RFP. PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For example, a Vendor that manufactures products that require substantial petroleum -related material might request a 3% price increase because of a 20% increase in petroleum costs. Price decreases: NJPA expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies. Price increases: Acceptable price increases typically result from specific Vendor cost increases. The Vendor must include reasonable justification for the price increase and must not, for example, offer merely generalized statements about an increase in a cost -of -living index. Appropriate documentation should be attached to this form, including such items as letters from suppliers announcing price increases. Refer to the RFP for complete "Pricing" details. Section 2. Vendor Name and Type of Change Request AWARDED VENDOR NAME: NJPA CONTRACT NUMBER: .t CHECK ALL CHANGES THAT APPLY: ❑ Adding Products/Services vices ❑ Deleting Products/Services ❑ Price Increase ❑ Price Decrease Page 239 of 380 Section 3. Detailed Explanation of Need for Changes List the products and/or services that are changing or being added or deleted from the previous contract price list, along with the percentage change for each item or category. (Attach a separate, detailed document if changing more than 10 items.) Provide a general statement and documentation explaining the reasons for these price and/or product changes. EXAMPLES: 1) `All pricing for paper products and services are increased S% because of increased raw material and transportation costs (see attached documentation of fuel and raw materials increase). " 2) "The 6400 series floor polisher is being added to the product list as a new model, replacing the 5400 series. The 6400 series 3% increase reflects technological changes that improve the polisher's efficiency and useful life. The 5400 series is now included in the "Hot List" at a 20% discount from the previous pricing until the remaining inventory is liquidated. " If adding products, state how these are within the scope of the original RFP. If changing prices or adding products or services, state how the pricing is consistent with existing NJPA contract 47 Page 240 of 380 Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the Vendor's Contract Administrator. ❑ Yes ❑ No Section 5. Signatures Vendor Authorized Signature Print Name and Title of Authorized Signer Date Jeremy Schwartz, NJPA Director of Cooperative Contracts and Procurement/CPO Date Page 241 of 380 Appendix A NJPA The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal governmental, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution. For your reference, the links below include some, but not all, of the entities included in this proposal. hqp://www.usa.gov/Ag,encies/Local Government/Cities.shtral hqp:Hnces.ed.gov/globallocator/ hqps:Hharvester.census.gov/imls/search/index.asp hqp:Hnccsweb.urban.org/PubApps/search.php hqp://www.usa.gov/Govemment/Tribal-Sites/index.shtinl hqp://www.usa.gov/Agencies/State-and-Territories.shtinl hLtp://www.nreca.coop/about-electric-cooperatives/member-diEe �or Oregon Hawaii Washimzton Mai Page 242 of 380 — ?. 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NJPA Contraci #: 120617 -KOH Proposer's full legal name-. Kohler Power Systems Based on NJPA's evaluation of your proposal, you have been awarded contract. As an awarded vendor, you agree to provide the products, and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP, In any amendments, to this RFP, and In any exceptions that are accepted by NJPA. The effective date of the Contract will be January 29, 2018 and will expire on Januory 29, 2022 (no later than the later of four years from the expiration date of the currently awarded contract or four years frorn the date that the NJPA Chief Procurement Officer awards the Contracfl. This Contract may be extended tot, a fifth year at NJPA's discretion, NJPA Authorized Signatures: I Jeremy Schwartz C A&1A IIOI F� I Chad Coauette r P"','XI! Mkl�; 'TH)k1'/( I Rlt H I 6. I 1'i'k 1,1: Awarded on January 25, 2011 8 NJPA Contract n 120617 -KOH Vendor Authorized Signatures: Rie Vendor hereby accepts this Contract award. including all accepted exceptions and amendments. Vendor Name cL Authorize . .... . �Ignatory's Title Executed on 20-1-S NJPA Contract 120617-KOI-I Page 259 of 380 Form C EXCEPTIONS_ TO PROPOSAL. TERMS CONDITI0NS3.34M AND SOLUTIONS REQUESTWMA Company Name:— Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Term, Condition, or Percentage Discount From _5,10 � Catalog or Cator° 6.26 Subcontractors 7.17 NJPA ACCEPTS Clarification: All Kohler product supplied will be covered by the industry standard or better NJPA Accepts warranty. Attached to this RFP is the Kohler standard warranty however, a product specific warranty pan bemade, available upon re(yuest. Clarification: Due to the customizable nature of the product and vast amount of differences, it is r not possible to provide a price list for each Clarification - generator and its multitude of options. However f see below each customized quote will show a list price f specific to the quoted project along with the discount/savings per the attached pricing document. The NJPA member discount will be limited to the Kohler FOB bill of material and will exclude open market options add-ons that Clarification: Kohler has attached its certificate of insurance as part of this RFP. At the time of NJPA Accepts actual quote, a certificate of insurance from the local Kohler authorized distributor can be made available as well. Request the contract to read: "Either party may V terminate the Contract without cause by giving each other sixty (60) days' written notice of termination. Termination of the Contract without cause does not relieve either party of the Contract Termination for Cause I financial, product, or service obligation incurred and Withnut Cause before the termination Patent and Copyright Vendor's indemnification obligation f .... is contingent upon NJPA and NJPA Members providing Vendor with prompt written notice of any third party claims believed to be covered by this Article. Vendor has the unrestricted right to select and hire counsel, and the exclusive right to conduct the legal defense and/or settle the claim. Clarification: Kohler is the manufacturer of NJPA Accepts I NJPA Accepts record for all of its supplied equipment. Kohler NJPA Accepts Material Suppliers and Sub- is happy to supply specific information on a 1 8.23 Con9ractors .,.ogci6c- component of agee ter g� tert. ,.m;� ,, _°u Proposer's Signature: Date:_.--Z.2LO VL Page 260 of 380 NJPA's clarification on exceptions listed above: ce J_ 5.10 Acknowledged as a discount and pricing proposal as part of the RFP response. This is not a legal exception and this response is best included in the relevant questions within Form P. Review and Approved: IV NJPA Legal Department Page 261 of 380 Contract Award RFP #120617 FORM D Formal Offerin of Pro Mal (To be completed only by the Proposer)~=" ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES In compliance with the Request for Proposal (RFP) for ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Authorized Signature ..,�- ' (Name printed or typed) Page 262 of 380 FORME0, CONTRACT ACCEPTANCE AND AWARD PA NalhM lhint Alliance RC" -71MA5- complete the vendor authorized signatures as part of the RFP response.) EEMUEZEE= Based on NJPA's evaluation of your proposal, you have been awarded a contract As an awarded vendor, you agree to provide the products and services contained In your proposal and to meet all of the terms and conditions set forth In this RFP, In any amendments to this RFP, and In any exceptions that are accepted by NJPA. -JUTT Ur YMMrWe 'T Mff -C'1703 n NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA discretion, NJPA Authorized Signatures: NFA %*,-fFCTW'()F r-00F1E.1R,',AT , '- CONTRACTS AND C,JJPA EXE(JOHVE DffCr0R/CEQ SIGNAIURE be" Vendor Authorized Signatures: Jeremy Schwartz (NANIE PRINI ID ( *% TYPFD� 7019-10TOM WA -0 M-AXOG The Vendor hereby accepts this Contract award. including all accepted exceptions and amendments. Vendor Name 1111 A-<-11- ('o .- . .. ....... .. ............... -- .......... ... Authorize gnatory's Title . . ....... . ....... . ......... V1 WWR AMIKAM D 5K-'NAfUPE lVWAV PRI114 ED 01IRMT01 Executed on 20-1-L Page 263 of 380 Form PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 39 Page 264 of 380 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comj ' ° ith the terms and conditions specified above. Company Name: Kohler Power S � stems Address: N7650 Lakeshore Dr. City/State/Zip: Shebo fan MMWisconsin 53083 Telephone Number: 920.457.4441 E-mail Add: Authorized Authorized Name (printed): Charles Hunsucker Title: Vice President ® Sales Date: ................. 2 �� Notarized Subscribed and sworn to before me thisL4 day of l .�..,.e..m......_...........................,Zp Notary Public in and for the County of �� U .._ _ w_. _ uw State of L-0. My commission expires: X, / Signature: Page 265 of 380 Form P PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry -Specific Questions Proposer Name: Questionnaire completed by Ce ,, , ' �' m t, t,� Payment Terms and Financin � O tions I) 11Vhat aulleuut. net 10,, net 30 )? 1a4I:ht'! i°4,111,), ",iiId IIIA hwt% l 1°;.,Rde 1AiH r1� o'n t,"ach 'Ind Its �,,�.1 1`°u°onl prof,,;"d to lY 'fi;tl�,4 9 is,;:'It IIP(I%gyp 1. ��Si� pr�: �ID��: �'Mr r d"l�,ti g9� t141ilkA� 1."kl I1 R�"41&QtiwVI� n, f 111 'y, &:V r Pia $: �;w 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? offintlkx� IA 111k, 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response p and whether each dealer (or some other entity) will process the NJPA Members' purchase orders. tlstGnd,,�nl I",ruRn 1°,lIn, th% IfiPO4 d�`Dit' "Ou'r d 1iil": Illi:+(1tir'', 14:" o kh"',` ljs; ilg thll fvl lhf t, f""I"1der Il'8:.C.i 1111wi" 19�.: ;If91,z1,��19999 i11 11� f"a9,1,,:,11 flial A:f'o'nt "'m 11k.'ddt,N L1,U °I!Wfg 0Ua 11uO,,ll.N l Ihu ^ 111. 111"Rl°9&#:dRlf" 4'YkNIZ X11 wfi, 9:16199 ." I °n f'W',11Le ^wQ,.811'l R1"'d. tiai liniPbrfJ% lYohtl,„IOFIl .v" , Z11�t6f °s w „r1ltSo-e.�Il X91 �1 a9u°om,,.e@ �19�, I�u 11zun u,u .911^s9 9 1k1�1 ii;`w g��.k9a°�°n a 91 for s91blr1I41r,I1 h", . 1"KI/N, µla�.�l�11an s 16��. IR�991 1��9° 990�119�0°1 �9 a1 X19,, riI'luaor �o 11k kilo a P0 �,lun Elui. K,P'w1en°,�111lhtl PC) %%10[1 ,1 rti�di,f1 thd6,tdbi,I(9)'r tha 9 11,.99°u�9&96ia,lu �s, th9) IW1.61IA he k9ca, il'1 1 4"!r I""", un the 999k1a11,: of P19a,� u.91�'9111'91iy91#119r99&�9C1r 1.'9,�;I.,",�r4��F'h�1V'r` 1�vl�lk�°,�"1� ttU1r".b'Nk1411" ,E1111C1 l�('h1'Y19;'.'� n��9'I;h4;`.'} �1!y'w:�'�:PNh 4o,MV,64i?Il,.kl[iIA'Ui'U,�Iu4;�!.°y6 '14:Ru1 11;49%'�� iYr P1�1„11�,��, f.l llr$�11.1lti1,. nCxI"nb� ,.R 1611,o%°,o'4l 194 l` 1fW?VIIhNI1 i„ 'f 1lk` 1491111%3 1.UV,V`^1VIi,�.f., .,�a rol.0"R111 Mo,rlll 1°Jr„,° 0 u11,vBVN mak@ r1I%4.6)I 4;',aYl°.1'k 4) Do you accept the P -card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? t'Jci 140I ':iP'6i1 1b,.11?xDkVr X11 ” ,ati:l�R'.'n. Page 266 of 380 2h&ux�za! 5) ldahnsi procedure, arild overall structure, You may inchade in your response a coply afyouiii wiamandes, bui, al, as rninitnuir please also answer the lbflowing questions. • � o your wairanfles coveir all ''irw�Wtjciis,, parts, and labu r"? koAfler i'VSjHM:sC: "W"Us" qww&vd 111aanronl� aOH 1J]1`,,v, See I 'or o hidMOmd Do your vmrrantles impow image nwriNions or cither Iiirritailons liat advers6y afrecl cq�Iiverage? KM W'2r vsihUheV%!S" !"s "We M-adahie rm"1ng Ww wuidrs a)Jikhct,,M' whCIKN HA3vorxAon=k%"W1NykPA WSSWOMal" !AnVTenqAo"erS)Meab can tmVve operah,,uJ %Olflio "11, In �°flabifll:, " MA Of 51106fitMOLM jflHs up uvi 11100 11oll, mainleMMO." CMd kwSwiiona, NwPFnwqox3 W N MWON po%% eired I Ch III i us L°� W "A is ri:qulred or E'FIA cerdlied 01) Cas onolnes ix& io be tact I hcy; wsurkSms dv& nec"smik WIN; Me vuvriiaw,�� but cif EVA hm is QqW, Ako Swm,up micst b: i'),°Norwcd b,N KNO,,r )lsolhuwr, Dealer ur Auflr1,)6,1%:J Represcimwkc Milim 2 � nrimflhs oi, s[�ij')nwnc, Sv,: t,�q)k:�d %%mrank MAWMOU as Me Mv 32 Now "OMWO MMeMMUS ATOWhig apon 1he woduci,, $�clJjj�,Jjwpj Do your aai"aa °a°Mafiat'ua it cover me eweme or wwiiiclians' travel ffive and infleage to l!)erficrni iiiiarrant),, repai ? rs Wiler wvspoimo Yes. swiduni %varns, NOW U[) ICI 200 or 300 Mks 'OLHO U-ip) 1,01h 1-,VVfA IhH4�, n0wleod dq,,wnd,,'rq!, qwn Use pnWuo emego, Sem pn For dct,'ffls, Are Swe any jeogmphk rqWons aNhe LIM Wes Am MiTh you cannot proO(1Ie as ceifified lechnician tii�m Perrorm vmi irwity repairs? How will NUPA %dembers in these regions be pr;nlded seirvbi��e fbr vi"�iviranly repair"? olflcr Whill: uuddt ,1H 1oxhlflcians rilay be Certfl"w(L jH sen, k:e wchmcialb effl,ollled In dw cendicadon prvit:c&s. Me we recan Mims mKI MH MUM = WA: ty W 3 yaws im Mu.„ are inw, pWN"oduc�ts,, 'sul,,h a'n,,l ""n'qJ n,�"'s. aHernakors„ c�ml M&N. AuMadc ImmAx S" JIM wd 190d#, Wwhgmr. I ku% eivr. each dKidbum Ims cot Hed wchni6an s as ineeded PLUS Ificy arc M1 mWpaud by We Kohlor 11M &!r\ uce Engkicering lbmt Ile WMIMAWH (VmnwmQ1 Kolw"s aiso supported 11,p a kangt,, dc.0er rwo% ork ua ifli as j-,t)al offiaving a kkmkr ma Wfl in 50 vides W" fiiir a 1"ast rcspiilnsql ;a I'��qnj • WMI you cmver warrary, siervice fbr Items made ls�ki oduw !r ainnufficlurers 1hal we pad or yvur pumosm, or are We mmrrandes issues typWaly-jassed = to the original auipmew nianuNcturer? WMer wsponse; They ThW Mded in tho RoWer propcM is covned by a MW "amm*, lbov am no Whpism) Wn NOW in Ow Kohh,ar proposaM , irAHmn. mv twylwed hdiwen We NUPA mendwii 11nd Iladcaa1 Koifler distribulor" im those 4ems i% M bt: h.,v olhurs, • Wlvaii are your proposed exchange anil reliurn programs and pd�)Hcies'?' I 1uhkr rt'SJ'1114,fllse14.Nxhangtpro;,(rain ux1dahund in the Killer "imiant) MaMnew, m lhc' dist°rcflii,m IIA"Kulflot, Clo," deti,'cihc powdom "HI be rvpflnM or rqwkvxd. Due w the We =1 onwinkmHm uA nwh pwdm, Rw a SPMAU apJAIMUn. mwnis aR, nawd be swn, 11pieWO T=Ted or &IFL�cd,x produd is prompfld lkln6red hi th If1d dd al sk� ro� tire Kohhn dkiriiiruow and MQLHN�d V, iih fiw,�or�\ assislwwd�,,, 6) Describe any service contract options for the items included in your proposal. Kohler msponse: WhO dWdbwom provide imul renen scrvice eontracts evcr', 1,611, X"ohler, S.v,Ivlws pmdw"!t, Contracts are wfloreil uo A,°twomer such zts InnuaL, or qwarwrld NkNs. Some aako include aawaWuuu•a11 Ilclad hank itndrig" 1,10 pofiq[flng aml CUCI LIQdHVCY,�, Please sot, vpresentawixv samp[11,a fi,om orw isohkr dknibutoir and Watdwhat h can be mummi w spinc cumner anS jjpky! Page 267 of 380 Prici _rdcingD4ive Audits and Administra#ive Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. Kohler rcsponseImJuslrial' C"oninwrciad Residenfial and 11"ortable gra([iw� 1�11�)kiiv fi,) 13001kw, riatural gaWLP glume and gamOine powcmd gensets under 15W IndusWial ,raide - 15kry tio 4000k,vv diesel pwwemxl gensels and aH rchded power symni accessorics such as fuel storage tanks aind outdoor enclosures With scmild afti2nuation all available in liurm %WWgc ami Larger unk uYlable in low and mcdium voltage conHguraiom Usled in Ncitift Aniedca, 30-4000amp kansIr swhdws W Males an(J conHguntons to numl id! requkemerms in Indusirifl, ("onimerbal and Residential applicafions and pan:kllcling Systems when 2 or nxwo genpas ammeWAmOdes0d or whm pandld% WN (he ud1hy is reqWred meoigg 1,1891or ULI 558 und,when inclum wAWgc,AN1S1 standards. AJ1 products are Imade h) ERA and LRAAandmAs W conqhy,whh ithe WNW ilech'ic! Omdc(NI-11A 70) and when pi'operlv conAgwvd cumpy; vW!h NITA-1 K NP110101 mul 10PA-W, Kohler also riu'icc(s CSA and C'LJL mWes IN Canadian sales. Kohler Polver Systents holds IS0900 ll °ea`ui fication P;ince Il 9195 un d produ(Is are built lo I W crii'uid anal and Natknal standaroJs %Rch as NENIA, (TENIA, MCI IEE and 1044.Aaws and lj.m st Wes &qsisWni,',e via lo -cal distributors inchtiding but uuot hiniled w: quolations, order pmeessing. deliveries, iirstallatitni super,vision, siad-tiip, product trainiirg, service ntaintetrance AgmemeWw inentals,warrainly service and pods,, Service teclindmins are generafl,i,, located kvAhin 2 4 hcwrs of cuskmaer sites fOr a fiast response 8) Ewscdbe )mur pddng nwdd (mg, hne,han discmaits or producl-category discounl!!;) 1'ro,1,1de detailed pricing data (lam alum iding x!;Iandanf or list I�Pricirq and the NJPA cfisqx)unted price) on all of alae i1eins finial vcsl wma NUPA to consider as parl of your UP response, Provide a SECLI Or each hem in yotir propos4d,, (Kieep in mind that reasonablel Price atul protfixt a4WsUmmUs can be nwde hring fiiterm Dfan awanied (Nnktrac� See I he bocbr of the RFP and dw Fice arid Product Change Bequest bona (br more delail) Kolder response-, I'licase see Wlaciied dist:ounl schedule uA"IndusnU Pr(xhict thal wall havc as cusWilin qttolation 1him the adder (Wincquotalki poem. Due M the cusumikable nmum or Te paducl and dal" Feret ices lbr each qi1lowrion goactalk'xi on-fiiae, the NJPA member discotsm wifll be aqsjifiem] kil the Kohler FOB bill ofnmlerial,, 1AWWW, madw., Indniiagnance agreeniciiiiis wiH Ix! bkokem ,out and iuhniii6mrmion fix WHI be and inahile cOeWmed an die FOB porliom 1",i:)ii, Portable, 1�esidendal and C.onviircn,,,ia1 prodiact i'llilease refer 10 N"ISI�tp as thic"4110, pniduus we WeW hvni STXXZK, JP/% inernber idiscoi,ini schedide iflso auachicil lor, these �xruiduct cwcgoriii:n,,, KiAflcr 1, N,Qhlg,r P"gLEZ—o-s-m-1-ind, 9) Please quantifladisco scount riarq;e presente(l in on this respse. Fkor exainj:iile, indicate tht m he pricing in l,,our response represents is a 50% percent discount fri�nn flee MSRJ'' or your pubfislu!d fisil, X,oldcr responsekidumdal 1"I'loduct Kamm %AH hme aMAId w WhIer, List Price gener�itted ftom the on -fine quoi�atioia s�yslmn Awcah W evoy pmjwL Ile kwal KohlerdissiNutor will gummate as quoUaion and fl!ic Kohlel WK business symni will apply the K)11,1% monber duscouiius off fist ace, For Filluirtable,Residennal and CbmumW produds the diRcount is 1h)m NURP as these linmiucls am ardered fron) S'TOC'K,, 10) 'I'lie piriii.inn offered in this, inq!ioial is .-a, the sarne as the Proposer typicgffll,,ol srs u�i, an individual municipality, ani%ivmftl , or, sclv�)ol 41istriii„,ac the sarne as (he Pr(�ap)ser maga icaH�l,w uA'tcrs to GPO% cooperative proctircinew organizations, or state purchasing --'C' beller 1han the Proposer typicall)l Of&rl, 1110 GPOs,, cooperative prtxuretnent are ganizaflorue, or state Purchasing deparonerim, —ii adwr Man what the Proposertypically off�rs (please uidescribe),, Page 268 of 380 11) Describe any quantity or volume discounts or rebate programs that you offer. Kohici, cliscounts aN considemd im a casohymmse Ws durto the I& Owl num jvnjans inwint ejug cric,° F1cx'.'11ric sysfi,nn, It'j, whov nwhtic s,,,)"s;terns thnecNiRemikids gkmn man exWo d1wo4rm and cimmalkwtog RVWN to nol t)pical xvith des pnKWc1AWuMry as =1 fill sivnuys pundruse one ar less (,,leciric power systern each yeat% 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. IWOCT rcspimscr houm=pen Rlarlict iteitns iviffl tlii iced 1).%, fllrre tl,ite NJPA Schcduk eCF WsWhulor list pitice. rypicai hernh hUmbs Fud Slwapc UK, shrip�;' 11",:r1n116ng k,c and P',ertufl I 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 00de1r.iesponsc Wight is mn include! Q cmi, be 11ielltd and Add uAny We KxA6,,,,r prf P1,rred carder's dwamnN CoM to Whim MH bc -Passed Onvulpi"to !",4UPA rncwlcr vvith, zertj (s4nce h',,,oh1Q,rkY0R1 11 be rruiurkhr��g up freight vwD %auk! ashthia feeight not he included in the Adritfidstrabon Fee cakulaHonh If KUR�N, n',t4n�rlsna at lower ratesthey shOWLI flic, Intallaits"i is l'if others cis typcalt an ;b0ham 11g4necm, (knewl Chumcuws and suboctnnwars me Wonnohod 13sull ng Wes and inspw bins are also typical InsutHwirm Upav&mt wari qji aixf i Bid ng % i I t he WkWed %Rh cadh qumallon W Nukvywwt. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. Kihler rcsponse� 111sighl is cjuolc,I(J V013, Shebi:rgann, Wiscorisin, 53(W.Slipment We Wes hmm minWe LTL to complux multiple Inak 110kisT slUqnwnts an; arrwWal on fbtkd tmdws or ku ImlerAnWict, speciWedl dhV AW Was and cranes rie(,,,d i.,,,t hc,, arrairq4ed la nn' sife dcliver arid oilkradd nle,,,, vit4hii,'It is flY drums and 2431 included in dw KuhWqvqnm,,-),L 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. Kohler rcnap aime: FYr Maska nxnt sh4nnerin arts the as, 1f),eyvVould lea firr l=r 48 and nrani aMnada, via grimmi using tyrical Ifelgh; caukus and speciMized WE& ha rerrim awn arAhAw stuh as the Whk Ishicids the last Q of Te shornein Won hwahv a local barge, 11m: TUPA inember can smu%e W& or Koller cunudugPrw4QyandAdd Wr rr(,)St lila iglit \v'ffl navv,d tUy W W a pod on die west cowst aim! Writ there Iravel via mean cugo anti mum V rxmi travel by sudhce once agadn, Vsizc�atrd w6gbit beconle ari isstw Btcflwn- Rdluff!Wd be =Wcmd, Wr Unada nurst WWA W nuwc the same as in the lower 48 W1 agahi swive vrlll:,y Nreciiiin."d in co"'Istal icrcr,"ts ran,,d RUADs W imn-them Kniwrks. WsMng the bouhm it h4exico is umndo, dmw at I xmdo. Wer ofilln4auun,chalivedes llsa,�ie surlice to secs pons and twmn Dbj thmi Tere On a fteighl Rnl,r arnil krc,,fl 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. 14,cJfler rc,,;punse: IK"ohleir crffl� r,'s, Stlkt Shijprnt',nflS, ineaning sonic ImAuos dip siminardmn uhmm the to the progress of die r,nlrmmHonnC she. Wen finr�o;.. . . ... ; in arrive numuhs pilm to NX Mg cwqAmkm or w,,,ifls are chwed W and ol% I knes ownloor equynunit numi Wye hcknu craines or tahmi &= As RAght is PRYU inducWd in Ow KAWr pmynal We arajust unkpin oykms uvaHable 101 = be nrmngud by Whicr at we We of K) pwCowng" Page 269 of 380 17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. K�ohh a, rcsponm,., INTLY ums it SAP WmA Imshwis sysm and thm emends lo Wal WOW WiUmms, QmAwkmm ImmAmAng and ddiveries nw We i W ilds huShb "",s VSWJII IN'Divocill the fiu,°wn" , mid I WNW, nhMKWhW aohhy end NTQHnrhW numall , wiledy and MUMd rCp11WT1S k 0 shnplc wsk, Kohle4can 'P Id wcawgory, to ctNikmner qpwTJ VX'w make searches eadn and &WR WA apdma Who tkadphms and P()s u";hIg dw N1.111A ('Aamacii 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line -item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) kmhkr rvqwnq,: kohkr as H pay NIIIIi as 2% fee ut kvhkr tR rict kriuicc pirict, *vhich vill i;mpicallp rxcludeopen morhef - iscm; or Wmmvnd"d uplions, fits hl, sine Imp aial baining. Hkohleraujunlinalrd PraPa) and Add AwWhHs used h W be h eaud ev W -Paid and Add since it k a flava-] hrough and NO I fee. 1100i4numibee d6counluHltae lhuthedlathe Wder FDH hdl of nim edal and n Hit %dude opt n ma rktf opf bris add ans Hnf iney he buppHNI by othen. Industry-Specifle Questions 19) Please specify product and voltage range the generator equipment that you are offering. XoIlk"'r WaNY bnd Urry pas(dhie at: diesel pim-en:0 gwwom 1201TH Angl phns Ad cnWk, g,as powkrccl RicsWAMIA& cuintnuch!gotst.-,is 7kav 2014% , 120040v singlo phme aml krrpr Wds M11111flable in 20,i2O8io27W48(h-lhrec;Ainsephm6Mh, Wr0madn, LA, uidwQx! awns sly)wered Cominer6al gemsii,,!ts 24�,,,w 15W 1201%, shqdc phaie, 1202fli11 to 277 ,480%, flrr�,e phne Ws WHW W0W, A,ssuciated wayna Atoonmil Thnskr sulchus 3040(NnIm at saine ,cs in 2 jude 3 wK am! 3 polar 4 W. Mdumrhl (ha de (W Powered (3ensets251,w l 501a%1,, I NP240v shqde pWme, rumnwdoW 120TH to 270180% Ihme jAmse Id us 600v Or Unud, 180WINU,% ivemmuxuaric 1 IP208 bi 27714801, thrue phase ;dim 60Ch Air Dumda, SM)kw - 1 300kw, recmincelable. 120f208 hi 277ASOv Wo jAmse RFF JaTUI` UllitS Ure fixtd vohagv as, orden:d or 600v kjr Cnnadn and umaedhmnnu m,oha)�w such as 4160,10dusoial (had1AW 10miared Waco l5hy - I RU% 12W24(hingle phase, recemneciable IN1108 to 27=0v Werwasy or6(Mv 1hr QW& 18(% Whu% roxmiwcuthic 120108 to 271480% We jAwso or 600v W Umd, 7NAm- 2MHW, need Qmges as ardavd mnyhW kom 11008 to 277MMOv three phme or Wh, Ar WK and inclum Wage sudi as 4 MD, 22N11aw 4900W Hxed %Wywi as onloW nmghW 1W I IV208 W 27W480v We pham! or 6W Ar Wnada rdus meTum WAyc induWnly 4160v to: 13AK Assodaled WWrial Urade Aworiatic'UnsAr Witdms M=Wainps, alll %(Rlagus jwvvWQ, Wed, Asmw%d Puraflefing Panels, afp vMmges previously hsted. HusWe yeims 151CYN-1750n, as or djescL IlrI NV240v sitfe pbase unid 120'20,8 to 2177/480 three phase Air 600v Jhr Unada or yknal 3- posilion Selector swhdl AV pluase and IN&M and 27W4,,S(A three phiist% 120'241(h- thru�e p4,ase is availahhp kia Specirri Chdaten lbwatde PnKun, 9121RIIA Page 270 of 380 20) Describe your mobile or trailer mounted units, if any, and specify the ranges. Cider responho tirvdvik,,4J fir flicjo`4011'10S"d nir5No�,a- '70k,,,a rnd gas iflios 3JOovaw d""7, d,, a, a d", I]s", urJN MV % eq A 11"4di. X' and 4:,'arr tqym 34 how, a it Am-Nmrd I AXI =1 Irks hWe n i'moHQmNwd 123 and !AT kw MW nin kno. 11".A t"b"wmc "hh >WAlad hotws Joul Imiks mW %sh v Al Wino ard 01 stq,13. Whichhwo can he orKid u it reconmiSS 1i2 (W "I'-ImAhm xd"Rw s" Wh Tr ITV14h Qgk pNoy I 3008v and 277M80, So., phost,,,, i 20?'.2-H'h, Have Joe muHqW% mv dalmied conrsvNtion voultimn. I he cnclosmv, and nad':'rs dtrIajjod ud boh pu on 45 Qh"j, lair Wwo me A& desjn "kh lu1WaAw mxmd a'Henuuihlnm fif)- "NITNA; A MAY, WAWU vakwave OWW"n is lilt" " 5 nf'dosljl"I' cen'k"T"."u 'In,,.7iJ &11'9 ono jqece n1lo0 InownWg S NQ u there are thi mher nwehmdul or ekwalml conmwihms bet"cen On We urwday yia, AV Ow cannWalomos co0h"!, "'mis]ard (wher Kohler NUTIc Ciencroors Al cair hp " litho 3,jew- Whed "urmn". v 1244 - 3 NIQUlpff 2 l) H you are providing traflers as pairt of'm'a fi"Irrilvi"'y pk"",ilse pro4de ddails. ero i )(H appro\ "'d v, M'i ovi a ftudkl r nnivs and du""fl G111 U01it's, dn", ""uanci oorq'niItsmnd aml Ge; cxTWuWwr mv 1SW W how Ganda,,, lWhhy pmAIN gum! hrakes ive suuidW TmWuQ k ahT 2- iw 2-08 W cu 11rell as nAWhvd h,,,,,, 22) Describe how you will include customization and the pricing of such for the units. RAW ruspomis: (Aw of Kohlet's abomages k Ow Wilt U) woUnnUv v0TKA teat spaGe More er ;vqWrwncW& A, ww" or Appikat ion Fingincers ma" dMQWd her Iwo% idhq; IQ: 51 (jumfori AWERS to numbQ Mamhird qwma"*."hov we UmhWinns Aw to kid paro ceQUAmm snh as UL, F]"A ruin ("SA 1"OU'� U) Cki 23) Describe installation and service programs, and identify the associated services, service provider locations and pricing. Kohler irasponsw InmalWon is M" 4D s pnn ided by oOwm smh ai C knWi1xidul (Ambsuol, Sanhe 6 Imn W by W dkoibutors, Emni,,, ;Ve;Ky mn% ices are q Neal 0 pnn Wd hi he Own 2- hour,,;, 1417/3,65' So'% foe pirill"'iIiiit �� 'ant�s hy pnViel onaliv as some We Yoe one W! ( onso and ATS to hHe die tonxt can have WiMe IwVc jizaraflekod Will rman�" Prit"ifq;' vi, illi trc' hxhWcd and b"Acomm on nwh cpm "himi requ"Wd h; Me FUPA membes', g 24) DoscAbanny prevemadve naahmenance or extended service ccrvera, Wiler respouse: Wda d6kbWor provide servkw corumcis eveg Ty lied K ohkr Rm or S; mems, (Amuncis are ludoral to invel muraunaiweds and hudpsts W wavmuaL seinkannwd or quanof QN, Sme So Wide mumW kmif It ahroj" fi'111 r,l urid fot:) s�,s',kicii,,s, Senilie',t, (Swinew iwed an 1v priced up on sm inlvkhml Ws as IQ wr: spYnc Wch cusWrioar hful mzWwhj unapamiK(flik,r oko hmc a ouieunstuvaneq evo"s or m hen Q mumb; gamor is critical =1 expected to be ow of wnhe Wgim Umn 2.1 hmus I he cumomer needs to unihostand dis NWvqnMvnieM and inie rims wnMWnkm odwr suv:h as cl porl"rfdk"' ! ho',' 'flul wmnua�i 1r,,arog6,,,,r smhch "i wmMy "hh dic, 25) Do you provide preventive, periodic or full maintenwice plans/programs for the solutions you are proposing in this response? The Kohicr Imilmmi does No F hkon these ria ns SII,. r the PAW d1unibuUm, can 1vn'v41'rdca cinitoin quirnadar; as a Sonmed Qwid tw (hvii Marko hein. If reqwnW PNI qumew cmi loot KOW mhh Kv equjivm ijkgation and bakenam in the mine iuj thni Twighs iumi slart-up %Q1 1w hmkomnn aW If so, provide a recorninended service & maintenance agreement for a periodic/preventative and or full maintertance plan. Ku,hke' insprcinsin P'lCase Sge jrkaj atUVIN"was Sun vric� )""cOflcr A!�:t'onincrils Ctimn flic,, 124 TwWrims " H1 ho shdhw and can be comornind, Page 271 of 380 b. What are recommended service intervals? Alein""d or qp"Izirtl t'd"' upoin criO, 'af' lmwn"' vfih"'�rqwjfliA'%Ifl0s' oi'th;lol"""d udfif"�":m"J of, rc'gloraf v" I ,"u'ht"'r 'o'"e i) pical sen NO: Inhn N A id, va'rye, r iu alut,ly oraclihic 26) Describe your rental agreements and pricing schedule. 1040w rusponse: 10"ahTwernom, mv, N01 pan of iho KnhNproqor'Oj iluul sotflti 1'k', dkIrRtmot zl."'� !''oufca"'d ( o"tnl C)pt"'n IMarl"' horn thc'ol'f%ir "'!4 v'fll h"siwilarmm'il '%rn h Huuvven as Imrt of Me NJPA pira0hilk, pricin'j"?, 1pt"r flic NJPA INscarml Sd"QuN oR dk"InHor III prK, 1'4ohllor Dimr'fl'ltrhgy' 27) Will you include used equipment =1 if&o), provifle ,ll pricing strategy for these units. m A) i off, r I Ned vr I hm UA KwAn to pnTxal. "I hoe nwh a H I tinve useil im evWT Aw "oafs" As pml of Me X111A agrcem("Iyl' pro'Okh" prkbg per Me NAPA 134wouM SelmduN aRQkHTmfmAN1 piiee,, 28) Provide a general overview of your products EPA compliance. re! al) emst"",! ["w"fir's pror'fut,,is ihm tAmnrAj " iM"nwwnt EPA krus hw be thme cawpodn, io our NmImNs. I hew caypris am 1) Rmkmw) Enmnpwn), 3) SwOonw; Pqwt- EMOTC110" mind 3) Non-RmKI NIATH Me NJINk inumber almi nueds w whienoaW Fib% 0%%s as We, ar%'� floo"'fei' '51" "'nt!rn�s and r":om lhau nflghl ncol N"" 1`an:tifiar vddll la" as its o1jesFk,'�OxN.- P4'o'mc'r Sti["i"'d sL'14rural., In uu�rl �,Ah is aRwnd th; cou no) Ove ahr cparQla" s Hmi am gwewr ko i be RdaQ F PA fa v�' nich it Qml AN (NwHy N'' inagcivcni INsidw oCCWdQrW and KdMa Ko has jr'�'rodum:t"'i t0h] a5mance analbblo % Or the iocal hzolfli'„r rally!"trHlt'nor' C'vtno&� hms mhow EPA bms, Nome mm QYK ITA OrAlkathm dial "M he included " Nh mch InTYKfl G""raCl' Daus ny' 29) Identify the lifecycle cost of ownership of your generator solutions. Kohler msposav: lAcycle cosis are ram, wukdovd in Ow lAwNow; Po"a SyRs" Nnhwy. I bee po" a symvms WV !Ned � rt'��,jiairvd wider NEC A a Me 700 and 70k Per EPA Wo, intsi %%A I twit operaw to bow Wou rcHaWc W I by and dune Awe OpMejum a it" Jun we I wr tem, cxl%'pt 4"hirit'lig big %walher cvcnis Hke hu"kwne�,;, tormitdos, it:c v, ilf"I flo'csfing- v'o:' hic"n P44 e �)"an oqrx'n'alt,, fiw a "ed ow numn dwing VAI Mendal 101Y OU t'„ PC UP U1 HW hOWS PU )Wr Au nrakunatroo and romkins 1,1Q. I j Qai Hk of Maw pnoducts is 3050 years at x0ch An dw; W' 'd fui fw as 11 rc.piflr p"'irlls; dinkuh to pmumo lAw ommos " hh Pdmc Flo"cr, 10k Owing. EW-Genandon or OwniWAK Rare pnopmrn& dQ10 unh ncW to be EPA 11 mW l'a" rilre+, anra(,',d%c and HTCOCC 011 OW OrUMATY105" Mh Al TV Ch=kkot I �rlwTem; aMYkalms nrom cumacrs cvibider 14=0 (ins genets as th,,, pox of Rai Us umudh die huVesi cma cinupKinent in a ObOycl(G.t Rul-CosroGO" mrshn) slud""' plus lhv) are , oil CROIN."Ve cmi pw% We 1HO41maGOm naship waQUIuns iqNmi spucj& mques, Signature: — — ---------- - - - Date; Page 272 of 380 E:1M Public Hearing 2/2/2021 Requested Action by Commission: Proposed Ordinance No. 21-001 - Second Reading - Approving request for abandonment (ABAN 21- 003) of a 12' wide water and sewer easement in conflict with scheduled cafeteria expansion plans at Citrus Cove Elementary School, located at 8400 Lawrence Road. Proposed Ordinance No. 21-002 - Second Reading - Approving request for abandonment (ABAN 21- 004) of a 10' wide water easement in conflict with scheduled cafeteria expansion plans at Citrus Cove Elementary School, located at 8400 Lawrence Road. Explanation of Request: The School District of Palm Beach County proposes to construct an addition to the cafeteria at Citrus Cove Elementary School, and segments of the City's water and sewer lines fall within the footprint of the planned improvements. The request is to abandon an approximately 17 foot long section of the 12 foot wide water and sewer easement, and an approximately 126 foot long section of the 10 foot wide water easement, both located near the south side of the site. A site drawing is provided for context, as well as individual legal descriptions and sketches of each abandonment request, and proposed replacement easement. The City's Utilities Department has reviewed the requests for abandonment of the easements and has no objection to the abandonments, subject to the ultimate relocation of these facilities into replacement easements. The applicant has agreed to relocate the utilities at their expense and will dedicate and record new easements as part of their construction project. Staff recommends approval of the requests, subject to the relocation of the utilities within newly dedicated easements. How will this affect city programs or services? N/A Fiscal Impact: None to the City, as costs will be bourn by the School District. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Page 273 of 380 Grant Amount: Attachments: Type D OrdinainCE) D OrdinainCE) D I ocaboin IMa p D �D ings D �D ings D �D ings D �D ings D I E)ttENr D Coindboins of Appirov,-,.ill Description Ordinal['IC2, appirtnkng abaindoinirTIENI'lt Of 12'WdEl LJIUlRy EsaSENrTIENI'lt (Citir'LAS COVE)) Ordinal['IC2, appirtnkng abaindoinirTIENI'lt Of 10'WdEl LJIUlRy EsaSENrTIENI'lt (Citir'LAS COVE)) Exhibit A I ocatioin IMa p Exhibit IB S: ifs S LA rvey Exhibit C 12' SEWE)r EaSENrTIENI'lt I Elgal SkEItch Exhibit ID 10' WatE)r EaSENrTIENI'ltI E�Igall & SkEItch Exhibit IE FlrolPOSEd EaSENrTIENI'ltIREslPbcEIirm�llrlt ExhibitIF::: I E)ttENr of l:REqL.JIE)St Coinditioins ofAppirov,-,.fl Page 274 of 380 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ABANDONMENT OF A 12' WIDE WATER/SEWER EASEMENT IN CONFLICT WITH SCHEDULED CAFETERIA EXPANSION PLANS AT CITRUS COVE ELEMENTARY SCHOOL, LOCATED AT 8400 LAWRENCE ROAD; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Applicant, School Board of Palm Beach County is requesting to abandon an approximately 17 foot long section of the 12 foot wide water and sewer easement located near the south side of the site to construct an addition to the cafeteria at Citrus Cove Elementary School, and segments of the City's water and sewer lines fall within the footprint of the planned improvements; and WHEREAS, the applicant has agreed to relocate the utilities at their expense and will dedicate and record new easements as part of the construction project; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City Commission on the proposed abandonment; and WHEREAS, staff finds that the subject abandonment serves a greater public purpose, and therefore recommends approval of the applicant's request subject to the relocation of the utilities within newly dedicate easements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a twelve (12') foot wide water/sewer easement, located at 8400 Lawrence Road. The property being abandoned is more particularly described as follows: A PORTION OF A 12' WIDE WATER & SEWER EASEMENT TO BE RELEASED RECORDED IN OFFICIAL RECORDS BOOK 22978, PAGE 1761 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: {S:\CA\Ordinances\Abandonments\Abandonment of 12' wide Water Sewer Easement (Citrus Code).docx Page 275 of 380 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 COMMENCE AT THE WEST QUARTER (1/4) CORNER OF SAID SECTION 18; THENCE ALONG THE EAST -WEST QUARTER (1/4) SECTION LINE OF SAID SECTION 18, N87°55'22"E FOR 463.32 FEET; THENCE NO2004'38"W FOR 71.66 FEET TO THE POINT OF BEGINNING; THENCE N01053'25"W FOR 6.00 FEET; THENCE N88006'35"E FOR 17.24 FEET; THENCE S20022'49"W FOR 12.97 FEET; THENCE S88006'35"W FOR 12.32 FEET; THENCE N01053'25"W FOR 6.00 FEET TO THE POINT OF BEGINNING. CONTAINING 177 SQUARE FEET (0.004 ACRES), MORE OR LESS. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this day of _January, 2021. SECOND, FINAL READING AND PASSAGE THIS day of , 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of 12' wide Water Sewer Easement (Citrus Code).docx VOTE YES NO Page 276 of 380 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a twelve (12') foot wide water/sewer easement, located at 8400 Lawrence Road. The property being abandoned is more particularly described as follows: A PORTION OF A 12' WIDE WATER & SEWER EASEMENT TO BE RELEASED RECORDED IN OFFICIAL RECORDS BOOK 22978, PAGE 1761 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER (1/4) CORNER OF SAID SECTION 18; THENCE ALONG THE EAST -WEST QUARTER (1/4) SECTION LINE OF SAID SECTION 18, N87°55'22"E FOR 463.32 FEET; THENCE NO2004'38"W FOR 71.66 FEET TO THE POINT OF BEGINNING; THENCE N01053'25"W FOR 6.00 FEET; THENCE N88006'35"E FOR 17.24 FEET; THENCE S20022'49"W FOR 12.97 FEET; THENCE S88006'35"W FOR 12.32 FEET; THENCE N01053'25"W FOR 6.00 FEET TO THE POINT OF BEGINNING. CONTAINING 177 SQUARE FEET (0.004 ACRES), MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of 2021. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk {S:\CA\Ordinances\Abandonments\Abandonment of 12' wide Water Sewer Easement (Citrus Code).docx Page 277 of 380 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of .2021. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of 12' wide Water Sewer Easement (Citrus Code).docx Page 278 of 380 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ABANDONMENT OF A 10' WIDE WATER EASEMENT IN CONFLICT WITH SCHEDULED CAFETERIA EXPANSION PLANS AT CITRUS COVE ELEMENTARY SCHOOL, LOCATED AT 8400 LAWRENCE ROAD; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Applicant, School Board of Palm Beach County is requesting to abandon an approximately 126 foot long section of the 10 foot wide water easement located near the south side of the site to construct an addition to the cafeteria at Citrus Cove Elementary School, and segments of the City's water and sewer lines fall within the footprint of the planned improvements; and WHEREAS, the applicant has agreed to relocate the utilities at their expense and will dedicate and record new easements as part of the construction project; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City Commission on the proposed abandonment; and WHEREAS, staff finds that the subject abandonment serves a greater public purpose, and therefore recommends approval of the applicant's request subject to the relocation of the utilities within newly dedicate easements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a ten (10') foot wide water easement located at 8400 Lawrence Road. The property being abandoned is more particularly described as follows: LEGAL DESCRIPTION FOR 10' WIDE WATER EASEMENT RELEASE: A PORTION OF A WATERLINE EASEMENT TO BE RELEASED RECORDED IN OFFICIAL RECORDS BOOK 6390, PAGES 1033 AND 1037 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, {S:\CA\Ordinances\Abandonments\Abandonment of 10' wide Water Easement (Citrus Cove).docx Page 279 of 380 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 FLORIDA, BEING 10 FEET WIDE, AND LYING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE WEST QUARTER (1/4) CORNER OF SAID SECTION 18; THENCE ALONG THE EAST -WEST QUARTER (1/4) SECTION LINE OF SAID SECTION 18, N87°55'04"E FOR 480.04 FEET; THENCE NO2004'56"W FOR 71.33 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE S88006'35"W FOR 125.94 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. CONTAINING 1259 SQUARE FEET (0.029 ACRES), MORE OR LESS. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this day of January, 2021. SECOND, FINAL READING AND PASSAGE THIS day of , 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of 10' wide Water Easement (Citrus Cove).docx VOTE YES NO Page 280 of 380 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a ten (10') foot wide water easement, located at 8400 Lawrence Road. The property being abandoned is more particularly described as follows: LEGAL DESCRIPTION FOR 10' WIDE WATER EASEMENT RELEASE: A PORTION OF A WATERLINE EASEMENT TO BE RELEASED RECORDED IN OFFICIAL RECORDS BOOK 6390, PAGES 1033 AND 1037 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING 10 FEET WIDE, AND LYING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE WEST QUARTER (1/4) CORNER OF SAID SECTION 18; THENCE ALONG THE EAST -WEST QUARTER (1/4) SECTION LINE OF SAID SECTION 18, N87°55'04"E FOR 480.04 FEET; THENCE NO2004'56"W FOR 71.33 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE S88006'35"W FOR 125.94 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. CONTAINING 1259 SQUARE FEET (0.029 ACRES), MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of 2021. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk {S:\CA\Ordinances\Abandonments\Abandonment of 10' wide Water Easement (Citrus Cove).docx Page 281 of 380 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of .2021. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of 10' wide Water Easement (Citrus Cove).docx Page 282 of 380 LOCATION MAP Exhibit N Legend 91101116 City Boundary 0 150 300 PgARk tpf ,,,jj L—A nwsN�n u ss,n, nwaE u usT, ® NAu is ro a i4romF0Pw souan%-ascii EAsr, °mu 1 P ¢ asp °, irAWic°� Fl�m`moi r '1 baa Nave a.wnWienr besve®ARs mxm o= ssn senna i¢ gI ME ren tnvi/°1 0- sub aMinl aE nc `cs gni a°r°ii°c° m;x�si`a affirm aN'�inan"I „a AmNa s.ao Wan ae W A neaaa ai NaRn nro ., eAnT A aarlAn NeAWnm �m10°Axo °i`nw¢`�m r c .'°¢'ir uxe a �me nanm nai M `w°in`rm n-4—P.—M. �m�.n ra �¢ ao„rr a ffn„r.Na aNe, A onreNa aE su.o� ro eaaeca°� s an - :R, , �aXe.1 c n As „arm R//: wro-NAr = mT mvmra GE -roU M`n�P a Wna n¢„T opE _ ., aE°FA�°Na _ ux - MOT—” SURVEY REPORT: nE Flu¢ nalM �u5 aWpFml on as a1J.m1 MPWGX m-1 J.ml, Naruem �aei�aiswRnaun„e„m R me nric cWPinmT Norm R .m° a moN 11 a°T ff =1 �. 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(aamm .Nn . mn.E.aP Ano KAwm mamrcu br mm.. ¢ aH — o e� an A Fl.¢noA N�.n ViblUNb M DRANK: MB/AB PROJ, No.20-098 BROWN & PHILLIPS„ INC. mNSRamm1°.N SKETCH OF CITRUS COVE Phillips - _ CHECKED: JEP SCALE: NA TOPOGRAPHIC ELEMENTARY PROFESSIONAL SURVENNG SERVICES ury/m .nom uvlEnrs ro 3 F.B PBC SCHL GIST 4 DATE: NOV 2019 CERTIFlCATE OF AUTHORIZAnON g LB 64]3 SURVEY SCHOOL pgCES: 1]-18,]] SHEET I OF 3 oa.E 1860 00 OKEECHOBEE ROAD, SUITE 509, NEST PAW BEACH, FLORIDA 33409 561-615-3988 ANIL I I L III Ip SEE SHEET 3 OF 3 FOR IMPROVEMENTS Wa .7 SCALE 1' = 60' > LEGEND ` F111D 11' -111 1 11— 1 fill I- IF Ll - — -- - — - — - — L11E. I P I D V' —1 'El I JAIL KLVIbIUNb I # I IRAWMI/Al I IR11, N,,11-111 I SKETCH POHFCITRUS COVE CHECKED JEP SCALE I"=60' BROWN & PHILLIPS, INC. IS m TOPOGRAPHIC ELEMENTARY PROFESSIONAL SURVE)lNG SERVICES F.B PGC SCiL DIST 4 DATE: NOV 2019 CERTIFICATE OF AUTHORIZATION # LB 647 SURVEY SCHOOL 1860 00 OKEECHOBEE ROAD, SUITE 509, MST PAL BEACH, FLORIDA 33409 561-615-3988 1 11 1 PAGES 17-16 SHEET 2 OF 3 j� i to I II NO OTHER ONSITE I 0 IMPROVEMENTS WERE N * LOCATED AS CLIENT'S I I" II REQUEST Q l to I I 0 I z 0 Q l O Wu, NO OTHER ONSITE oo�o O �� IMPROVEMENTS WERE ZWO W v LOCATED AT CLIENT'S VA REQUEST to I I p I z II Q l O Wu, NO OTHER ONSITE O �� IMPROVEMENTS WERE ZWO W v LOCATED AT CLIENT'S VA REQUEST 3 VA vii °SCALE: 1" = 40' m✓ � ' minx fe'nvl x fe' Ary ° _ vvv � OF 10' WATERLINE EASEMENT vv v A r wi n (ORB 5390 vvv v " v A w�eP'"'�,I \\ \ \ \ \& -hO- dr,f --__ -- ' M— (ORB -- PG.1 10' FPL EASE — _ --- 15' LWDD EASEMENT (ORB 5879 PG.1465) LJN TO DRAWN:MB/AB PROJ. No.20-96 BROWN & PHILLIPS, INC. SKETCH OF CITRUS COVE CHECKED: JEP SCALE: 1'=20' SURVEYING SERVICES w TOPOGRAPHIC ELEMENTARY F.B POC SCHL DIST 4 DATE: NOV 2019 CERTFlCATE OF AUTHORIZATION g LB 6473 1860 OLO OKEECHOBEE ROAD, SUITE 509, NEST PAW BEACH, FLORIDA 33409 561-615-3988 SURVEY SCHOOL pgCES: 17-16 SHEET 3 OF 3 EXHIBIT A A PORTION OF A 12' WIDE WATER & SEWER EASEMENT TO BE RELEASED RECORDED IN OFFICIAL RECORDS BOOK 22978, PAGE 1761 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER (1/4) CORNER OF SAID SECTION 18; THENCE ALONG THE EAST—WEST QUARTER (1/4) SECTION LINE OF SAID SECTION 18, N87'55'22"E FOR 463.32 FEET; THENCE NO2'04'38"W FOR 71.66 FEET TO THE POINT OF BEGINNING; THENCE N01'53'25"W FOR 6.00 FEET; THENCE N88'06'35"E FOR 17.24 FEET; THENCE S20'22'49"W FOR 12.97 FEET; THENCE S88'06'35"W FOR 12.32 FEET; THENCE N01'53'25"W FOR 6.00 FEET TO THE POINT OF BEGINNING. CONTAINING 177 SQUARE FEET (0.004 ACRES), MORE OR LESS. NOTES: 1) THIS DESCRIPTION IS BASED ON OFFICIAL RECORDS BOOK 22978, PAGE 1761 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 2) ABBREVIATIONS: P.O.C. — POINT OF COMMENCEMENT P.O.B. — POINT OF BEGINNING ORB — OFFICIAL RECORD BOOK PG. — PG. SEC. — SECTION 3) BEARINGS ARE BASED ON N87 -55'22"E (ASSUMED) ALONG THE EAST—WEST QUARTER (1/4) SECTION LINE OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. REPRODUCTIONS OF THIS DOCUMENT ARE NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND STAMP, OR A DIGITALLY VERIFIED ELECTRONIC SIGNATURE AND SEAL, OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY BROWN & PHILLIPS, INC. REVISIONS: JOHN E. PHILLIPS, III PROFESSIONAL LAND SURVEYOR STATE OF FLORIDA No. 4826 DATE: E—Mail: info@brown—phillips.com CITRUS COVE ELEMENTARY BROWN & PHILLIPS, INC, 12' WATER/SEWER EASEMENT RELEASE PROFESSIONAL SURVEYING SERVICES(THIS IS NOT A SURVEY) CERTIFICATE OF AUTHORIZATION # LB 6473 DRAWN: DKN PROJ. No. 20-096 1860 OLD OKEECHOBEE ROAD., SUITE 509, CHECKED: JEP SCALE: NONE WEST PALM BEACH, FLORIDA 33409 LEGAL DESCRIPTION DATE: 11/10/20 TELEPHONE (561)-615-3988, 615-3991 FAX I & DESCRIPTION NOTES SHEERade 287V 38 EXHIBIT A im W W 0 10 20 0' qj W "00 Wm V, m SCALE: 1" = 20' N88006'35"E 46 o OF 10' WATERLINE (ORB 6390 PGS.10 0 i� 0 a v P.O.C. W.1/4 CORNER SEC. 18/45/43 17.24' ¢ W N01 053'25"W 3 N 6.00' N W — o F (ORB ------ E -Mail: info@brown-phillips.com BROWN & PHILLIPS, INC. PROFESSIONAL SURVEYING SERVICES CERTIFICATE OF AUTHORIZATION # LB 6473 1860 OLD OKEECHOBEE ROAD., SUITE 509, WEST PALM BEACH, FLORIDA 33409 TELEPHONE (561)-615-3988, 615-3991 FAX � OF 12' WATER & SEWER EASEMENT TO REMAIN (ORB 22978 PGS.1761) to S20022'49"W 1 _ 12.97' C.0I _ \ / I OF 12' WATER & \ \ \ SEWER EASEMENTTO REMAIN _ (ORB 22978 PGS.1761) `- — — LINE OF SEC.18/45/43 CITRUS COVE ELEMENTARY 12' WATER/SEWER EASEMENT RELEASE (THIS SKETCH IS NOT A SURVEY) DRAWN: DKN PROJ. No. 20-096 CHECKED: JEP SCALE: 1" = 20' SKETCH TO ACCOMPANY DATE: 11/10/20 LEGAL DESCRIPTION SHE9Ra(iq ORR 2)f EXHIBIT A A PORTION OF A WATERLINE EASEMENT TO BE RELEASED RECORDED IN OFFICIAL RECORDS BOOK 6390, PAGES 1033 AND 1037 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING 10 FEET WIDE, AND LYING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE WEST QUARTER (1/4) CORNER OF SAID SECTION 18; THENCE ALONG THE EAST—WEST QUARTER (1/4) SECTION LINE OF SAID SECTION 18, N87'55'04"E FOR 480.04 FEET; THENCE NO2'04'56"W FOR 71.33 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE S88'06'35"W FOR 125.94 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. CONTAINING 1259 SQUARE FEET (0.029 ACRES), MORE OR LESS. NOTES: 1) THIS DESCRIPTION IS BASED ON OFFICIAL RECORDS BOOK 6390, PAGES 1033 AND 1037 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 2) ABBREVIATIONS: P.O.C. — POINT OF COMMENCEMENT P.O.B. — POINT OF BEGINNING P.O.T. — POINT OF TERMINATION ORB — OFFICIAL RECORD BOOK PG. — PG. SEC. — SECTION 3) BEARINGS ARE BASED ON N87 -55'04"E (ASSUMED) ALONG THE EAST—WEST QUARTER (1/4) SECTION LINE OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. REPRODUCTIONS OF THIS DOCUMENT ARE NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND STAMP, OR A DIGITALLY VERIFIED ELECTRONIC SIGNATURE AND SEAL, OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY BROWN & PHILLIPS, INC. REVISIONS: JOHN E. PHILLIPS, III PROFESSIONAL LAND SURVEYOR STATE OF FLORIDA No. 4826 DATE: E—Mail: info@brown—phillips.com CITRUS COVE ELEMENTARY BROWN & PHILLIPS, INC, 10' WATERLINE EASEMENT RELEASE PROFESSIONAL SURVEYING SERVICES(THIS IS NOT A SURVEY) CERTIFICATE OF AUTHORIZATION # LB 6473 DRAWN: DKN PROJ. No. 20-096 1860 OLD OKEECHOBEE ROAD., SUITE 509, CHECKED: JEP SCALE: NONE WEST PALM BEACH, FLORIDA 33409 LEGAL DESCRIPTION DATE: 11 /11 /20 TELEPHONE (561)-615-3988, 615-3991 FAX & DESCRIPTION NOTES SHEERade 289V 38 EXHIBIT A 0 15 30 "�!!o SCALE: 1" = 30' � OF 12' WATER & SEWER EASEMENT uj (ORB 22978 PG.1761) w N W im W Z / W Z Q J / '�' Z Q OF 10' WATERLINE EASEMENT 3 w m / `\ w W m (ORB 6390 PGS.1033&1037) o a o W o P.O.B. P.O.T. _ _ ___ _- ' 1 --r--il- ---_ - -7__ 1 -nS88'O6 35 �W \ S88'06 35'rW 92.1S88'06 35 W __="-------- ---- /P-- -�--- ---- `I I L , I\ I I I I \ — — — — — -t- — — FPL EASEMENT �ORB22514 PG.116� — `"IM ` _ \ I I oI I I zl I I I I _N8_7'5_5'0_4"E j 480.04' - - - - P.O.C. EAST -WEST 1/4 SEC. LINE OF SEC.18/45/43 W.1/4 CORNER � OF 12' WATER & SEC. 18/45/43 SEWER EASEMENT (ORB 22978 PG.1761) E -Mail: info@brown-phillips.com CITRUS COVE ELEMENTARY BROWN & PHILLIPS, INC, 10' WATERLINE EASEMENT RELEASE PROFESSIONAL SURVEYING SERVICES (THIS SKETCH IS NOT A SURVEY) DRAWN: DKN PROJ. No. 20-096 CERTIFICATE OF AUTHORIZATION # LB 6473 CHECKED: JEP SCALE: 1" = 30' 1860 OLD OKEECHOBEE ROAD., SUITE 509, WEST PALM BEACH, FLORIDA 33409 SKETCH TO ACCOMPANY DATE: 11 /11 /20 TELEPHONE (561)-615-3988, 615-3991 FAX I LEGAL DESCRIPTION SHEERa(2e 9090 2)f 38 A1NnOO HOV30 WIVd jO 101 HiSI0100HOS AHl 99ee lmz aivd3aacm Sfl 110 OISNVd 3NOO 100HO5 A21tl1N3W3133A035f12111�N015NtldX33210� l8-iX] LN3 WISFi3 0 0 0 v " � d W3U O w ❑ Y O 3:w QO LU U) O D m w z❑ Q w w d OfQ C7 m O w m w o �0(D W II w UPPP V z LU N u, P Z �U)o] Of T W � W W ryO LU Z ' F -- U) W W LU p F LU Of NpIpI M'M 0 J "M 01- 0 m z w Zow Do J mfg dw A/ Om W oa a aw li Z vZ OW z0 0 V E- v w D Z IL Z Z WLL W 0-- 2 p W Z LU co W Q z LU \ a / LU O a /♦ W a V o /w) 5 O M ro ~ M � O LU= w w (� 0 - O '^ WO O U) fn rn Of Z m V LU TO H Z 0 o Z m Z Lu �m D) X W 0OL. ifs THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FL T CHIEF [OPERATING OFFICE Jw. 3300 FOREST HILL BOULEVARD, B-302 WEST PALM BEACH, FL 33406 PHONE: 561-357-7573 / FAX: 561-357-7569 W.VPA' I1:1,N NABA11'm1-6 II Old Nd "H,S 0113 a I,a�;�110 � e December 2, 2020 Edgar Breese Planning and Zoning Administrator Development, Planning and Zoning PO Box 310 Boynton Beach, FL 33435 Dear Mr. Breese: WANDA F. PAUL, M.ED., MBA DONALD E. FENNOY 11, ED.D. CHIEF OPERATING OFFICER SUPERINTENDENT The School District of Palm Beach County will be constructing an addition to the cafeteria at Citrus Cove Elementary School shortly. This addition will require the relocation of a portion of an existing water line due to its location within the footprint of the new cafeteria addition and the partial abandonment of the existing water line easement. The relocated water line will be installed to the south of the new addition and a proposed easement, based on the as -built water line location, will be provided to the utility department for approval and recordation. Sincerely, 1 Wanda F. Paul, M.Ed., MBA Chief Operating Officer Cc: David G. Dolan, Deputy Chief, Facilities Management The School District of Palm Beach County, Florida A Top High Performing A,..Rated School District An Equal Opportunityr F.'daxcadon Provider and Employer Page 292 of 380 EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: Citrus Cove Elementary School File number: ABAN 21-003 Reference: 1St review plans identified as an Abandonment with a December 17, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Utilities has no objection with the proposed easement abandonments, provided the applicant dedicates a new easement for the relocated utility lines. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: None. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Citrus Cove Elementary School\ABAN 21-003\COA.doc Page 293 of 380 9.A. City Manager's Report 2/2/2021 Requested Action by Commission: Police Chief Gregory will give a presentation on community policing and how the police department responds to protests. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 294 of 380 9.B. City Manager's Report 2/2/2021 Requested Action by Commission: At the request of the commission, the Utility is pleased to present a summary of recent stormwater management improvements, current maintenance activities and planned work to address recent neighborhood flooding issues. Explanation of Request: Over the past 6 years since the 2014 major rain event, the utility has performed over $12.6 million of stormwater management improvements. These improvements are highlighted on the attached power point presentation. The presentation also identifies priorities moving forward to address neighborhood flooding due to recent intense rainfall events. How will this affect city programs or services? These planned activities will improve the city's management of stormwater runoff. Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Page 295 of 380 City ofBoynton Beach Stormwater Man,"..,aement Date.- -17ebruag 2, 2021 Page 296 of 380 City of Boynton Beach Stormwater Management Background: 777e Utility is responsible f6r- of)erafing and within the City Limits 0 J 9 nntu ollSty uctures SI,,djwps -alae all ClerarPno,,ts M,,6ii4ansp<,)"Wkn City of Boynton Beach Stormwater Management Background: City of Boynton Beach Stormwater Management This Presentation illthe.- *.&Annual S IMS4 Report -e e Work completed - after- 0 kr7pfwelments Planned for- priority ar-eas by utility staff Page 299 of 380 City of Boynton Beach Stormwater Management for Annual NPDES IMS4 Report Information 1 .1111i Citaficn� Doc minerakm8l an R Entity P.,f..,,,ir,g fl,e V IMP Elerl Permit RequirerrienViDuaritifiable SWAP Actty Comments Activity "I'll, ...... .................... I Performed . -1-1-1-10 .... ................................. ...................... -------------------------------------------------- - Part IIIILA 1 Structural Controls and Storintrwaiter Collection Systems Operation the CUrrenit known inventory. IReport the number of inspection slid maintenance aervitico. conducted for each applicable type of structure irl in Triple III A 1 n, and the percentage of this total invent—y of each type of structure Inspected and in—st-ned hote L)0ete stractures that are not in you! MS4s Oveatory. The permittee may choue ots own and of for each cor4rof to be consistent with the unet of meal in the diacumentatton uset otationg incrude10e s, imeafeet, acres, etc Type of Srtru¢ ture 2 E E E -,I E I Iti I j z 11� z Di ..1-fibini sysits,nn. 111111spection"aintertarl 0 NP'IDES ActivitieS Oct Utilities Olperabons . 11 shelf, star levels, littoll, 7 84 100% 294 'UU�6 1, 2010 - September Stormwater and side erosion, I 20f9 Master Pond Dai age ,a t atlion, mming rig irrigation and fertili-tion IRautine Vip.harl V 1111SPoetions Ex1filifirarlion french if French drains iff) NP'IDFS, Activities "'o" Utilities Operations Divi5ioni and " te,Cs Pro and 3,500 400 126 40D 15% 1, 2918 -September r 36 rl Sj�olmjw co'r st- tam] events. 59u -ft ` 'ter 20119 installation of new "fifth t.stem_ Grass treatment swalles (rnfles� NP'IDES Activities OCtolp,r I hptp 28 miles M 3 20. 94% 1.5 2% 1, 2010 -Septerl UtriOperationscsOperations Pilill'on Pr 36 ily ir,la-tied and 'i' - 1_e slor. 201D miss of Swale restoration and re-socIding. Drycletention systems inspisictionimartron ante" INPIDES Activities October' water levels. Ittorall shelf, 9 102 100% 108 INI/I 1,'2418 -September 3G 'Utilities Operations Division, side slope erosion, I 2099 Master Pond sloll vegetation, mowing I Form plainirl irrigation and ferl n inspectionArnalreti an ce Wet detention syslerlri NP'IDES ActivitieS OCtolp star I . 11 shelf, S.116, littoll, 10 120 100% 120 108962011q2OP41a8ster 30 Utritips Op—tions Divisor, -'S.Pte I'srainage, Pond Dsioll side slop,, erosion, vegetation, mming Fomn prurl irrigation and ferfilization Pollution control boxes — INPIDES Actvities O,tol Utilities Operations Division, 11 niance 111"Spectlol"S & nlal��l 3r, 556 100% 551 100% 1,'2078 -Senterill 36, .- 2019 dischargiim to water bacres City of Boynton Beach Stormwater Management for Annual NPDES /MS4 Report Information ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- STORMWATER MANAGEMENT PROGRAM (SWl SUMMARY TABLE A. IB'., IE. D. E F. ,�. Penmnniit Olt!@x aanl ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Ilberof Q7crcurmentatioru A EntityPerttanmling the SWMBP Element Permit RequirennentlQuanufiable SWMIP CActiwity Activities Record Activity Comments performed aaYd txadFles at other Staxtures pull Stations NF'CIES Activities Ocicibel,Malnthly Inslpections and .a 36 100% 36 100% 1,'2'018 Septelmber 30 Lttillitiies Operations Pivisicln mantenamcearf three plump 201^0 atonmwater stations Major outfallsNF'CIES Activities O'dober Utilities Operations Division inspectionamd 1't 132 10M/. 132 1DMG 1,2018oeptermber 30 2013 crorr ater mantenance Weirs 'or othercontrol stlrurctuies NIF DES Activit as OCtaber' Utilities Operations Division nalrect,01112 and 12 144 10M/. 144 1DMG 1,2018 Septernlber 30 Sianmwater mallntenlance 201^2 pllpes d culverts yln}Illesj NI°CIES Acti'v'ities OCfrafrer' n spect,01112� aNd 22 3 14 % �8 13'.?'�. 1, 2018 —SC p9termber 30 Utilities Operations Division mantenance gest.') Sialnmwater 14% inspected far the year over 14x0, / fox 10 y ears. Canalls iri llesp NF'GES Activities Odolae�r 47tlllikies Operations Division Irrspestbalns and 5.5 5.2 93% 6.2 934a 1,'2'018—Septelmber 30 2C 19 S@olnmwater maintenance of fair caulaus Inlets R catchn basins R grates 6�0T1, NI DES Activities October ILltlllikias Operations Division 36%forthe yealrever't 01056 (est..! 300 3A 2Wt 6D% 1,'2'018 3i7 Stonmwater for 5years 2C 19 . Lj IIf the minimum. inse� inspection frequicies set forth in Table II.A..1.a. were not Inlet., provide as an attachmnent.. an explanation All meet. of why they were not and'..... a description, of the actr©— that wilt be taken r6 en..— Chaff they will be Inlet_ Page 301 of 380 City of Boynton Beach Stormwater Management 'The utfl4y has constructed over, $12.6 M in stoanwater improvement's since 2014 st( )rr77 (6 yeans). ConstructionContractor Projects Name Completion Date j III VIII Lake Boynton Estates Stormwater) $300,000 Central Seacrest Corridor - Phase I Stormwater Mar -1 $3,200,000 NE 5th Avenue and NE 1st Street Exfiltration S sterm and Swales A r-16 North Lake Drive (Asphalt, Swales and Install Stormwater In-line Check Valve May -16 $25,000 Las Palmas Park Swales Aug -16 Harvey E. Oyer Jr. Park Positive Flow System and Swales Oct -16 NE 6th Avenue Jan -17 t t t t Treasure Isle - Coral Dnve & Coral Court Feb-17— eb-17Co ulna Cove - Ocean Inlet Outfall Coquina Aug -17 $110,000 NE 20th Avenue Stormwater Imrovements $750,000 SW 35th Avenue Positive Flow System and Swales Jul -18 t t t t NE 28th Court Exfiltration S sterm and Swales Sep -1S t t t North and South Roads Stormwater Improvements Sep -1S $1,600,000 NW 4th Street and NW 6th Avenue Dec -18 t t t t North Lake Drive - Stormwater Outfall Dec -18 $95,000 Lakeside Gardens - Dimick Road Stormwater Outfall Jan -19 $150,000 NW 11th Avenue $60,000 NW 2nd Street Exfiltration System and Swales Au -19 t t t t Whispering Pines Road and Ride Lane Exfiltration S sterm and Swales Nov -19 t t t New Palm Way and Lake Street Dec -19 250 000 South Palm Dnve and Ocean Parkway Exfiltration System and Swales Mar -20 t t t t NW 2nd Court Exfiltration System and Swales Jun -20 t t t Flamingo Drive Exfiltration System and Swales Jul -20 t t t t Town Square Stormwater Au -20 1 100 000 Boynton lakes FDOT ditch dredging Oct -20 $104,000 Castilla Lane Positive Flow System) Dec -20 t t t Boynton lakes FDOT ditch dredging Oct-21NONNI= 104 000 Central Seacrest Corridor - Phase II Stormwater Dec -20 $4,300,000 TOTA 7 r r r $12,148,000 City of Boynton Beach Stormwater Managementfor Previous work in Northern City Limits. "�� ' '� o %�" - P� m V .... . . ... ... 1 1 (I T �' NW/ mem1' TREEECT N A,rrcBC,O 4§T SRTH mIIIIIIIIIIIPIIIIPUPMIIIIRI S I t NW ANO STREET i Y / Gate'waY Blvd ., tt,. _.--...:.1v'J (3nfcewB'� s.r N vE E 24T 7NWW I i tH A > J H A SOUTH PALMI G' RLWE OCEAN PARKWAY A.r,Eo FLAMINao 6RIwc liner.Rrd.L..! �� C7ua.�rcK Ro r OUTFALL T-6..URT / .:. B:"'x NORTH LAKE OR OQTi ..111CPALM WY &LA.. STREET o„ M OCEAN INLET OR NORTH ✓pl SOUTH RoAm cM�rAx'.rrrlra'.r,BYcaenroa..,c'svuc NyWl4T e' wwmnxrm, ' '.CY 4N.&�II[m4lagS ''., .ii �'.-krr Baur. bw.4xr PPP&Tmi mP01@OIPMIII9MUVUWMODWPIIINmINR TREARw RE 9ILA. ouwwuw ,'. CMJhNE4vx+0.4Xa}4N m. ,m ✓mi,. m� w omni... ��'�� ._,. SOUTH PALMI G' RLWE OCEAN PARKWAY A.r,Eo FLAMINao 6RIwc liner.Rrd.L..! �� C7ua.�rcK Ro r OUTFALL T-6..URT / .:. B:"'x NORTH LAKE OR OQTi ..111CPALM WY &LA.. STREET o„ M OCEAN INLET OR NORTH ✓pl SOUTH RoAm City of Boynton Beach Stormwater Management Previous work in Southern City Limits. -f �Bognpptory�8e((:rchBlvd .. ..0 r ..... -=Wooibnrfhtigd-- I , �, Golf ....' J. M City of Boynton Beach Stormwater Management Current Priority Study Areas City of Boynton Beach Stormwater Management Current Priority Study Areas Boynton"Br�2a �h Btivd, ,..k..VKBayrr�ory"Bvaarch� Blvd —!':� } _ ""'t '"� E Ocoan Aao C fl II II II 11 a 77 �r 6.nrt � OTCtTar D� ( iii I iiiioI J/�� r p"C 6F I rp Waoltrri{ hit Rd ._..�E.Woo I trig <...,) Woottari!ht Rd— .� ( 5E 23rdAvc,r IPRck��,�----� _ r"w.—,.SWy23ndAara Go ,.� — —p' WA�plt Hit ]71 M L mm, �I�" I trc �rrl Blvd iii/% 't* i .. ,,,,ummuiwxaw uw „„rewuwromu u"wrore..wawnwwwwi.�. ,,, Page 306 of 380 City of Boynton Beach Stormwater Management Utility staff Improvements in Priority Areas Page 307 of 380 City of Boynton Beach Stormwater Management Utility staff Improvements in Priority Areas Page 308 of 380 City of Boynton Beach Stormwater Management Utility staff Improvements in Priority Areas 6E44YTkomA8 PARK 550 L.7 — Ex—RAr N {APPR . 300'..'s— ... ) ILEtiEIJD $'�,sJ)rlh,A f ._i Pntvds tAe ,- F➢ucw EOFvYTunu City of Boynton Beach Stormwater Management 'T6 summarize.- **.* Annual rnonitoring and inspection of fc-3cififies **.* Over, $12.6 Work Completed after- 2014StOr-177 Page 310 of 380 City of Boynton Beach Stormwater Management Page 311 of 380 City of Boynton Beach Stormwater Management Page 312 of 380 =0111 City Manager's Report 2/2/2021 Requested Action by Commission: Discuss and provide direction for an ordinance prohibiting the use of polystyrene foam products in City facilities and on City property. Explanation of Request: At the November 17, 2020 City Commission meeting, staff presented options for reducing the environmental impacts of polystyrene foam (also known as expanded polystyrene, EPS foam, or "styrofoam") through an ordinance prohibiting the use and distribution of polystyrene foam products in City facilities and on City property. The attached Executive Summary summarizes the comments of the Commissioners into each element of a potential Polystyrene Foam Waste Reduction Ordinance. I nput from community members and staff is also incorporated as available. Staff requests that City Commission review this document for further discussion and direction. How will this affect city programs or services? The following changes to City programs and services may be considered as part of a polystyrene foam waste reduction ordinance: • Modification to all contracts, leases, special event permits, and concession agreements to prohibit the use and distribution of polystyrene foam food ware (with certain exceptions) by City contractors and temporary vendors in City facilities or on City property. • Modification to facility rental policies and agreements to prohibit the use of polystyrene foam food ware by people who rent or lease City facilities. This could include different facility rental rates to incentivize compliance. • Prohibition on the use of unencapsulated polystyrene foam products (food ware, coolers, pool or beach toys, etc.) within the City's public parks, beaches, and on any City marina, pier, dock, or boat ramp. • Public education efforts, for at least six months prior to enforcement, to inform affected persons/entities and to assist with identifying alternatives to polystyrene foam food ware. Fiscal Impact: Non -budgeted If an ordinance is passed, staff will work with stakeholders to identify economical alternatives to polystyrene foam products. Based on preliminary research, biodegradable or recyclable alternatives to polystyrene foam clamshell containers, cups, plates, and bowls were found to cost between zero (0) and fifteen (15) cents more per unit (wholesale and retail prices). Requiring City contractors and temporary vendors to use alternative products is not expected to have a direct impact on the City's budget. Any additional costs to residents who rent City facilities could potentially be offset through discounted facility rental fees. Alternatives: Not discuss this potential ordinance Strategic Plan: Boynton Beach Branding Strategic Plan Application: Branding Boynton Beach as a sustainable City Page 313 of 380 Climate Action Application: 2020 Climate Action Plan Strategy G-3.1: Green Office Practices; and Strategy C-3.1: Waste Reduction & Recycling Is this a grant? No Grant Amount: Attachments: Type D ME)iryw..) D Staff RE)port Description Floystyir'E)111E) F:::oarnE)((.�'CLAUVE) SLAirnirnary Coirnirnissioin Flir'E)SENI'Itaboin Page 314 of 380 MEMORANDUM TO: Boynton Beach City Commission FROM: Rebecca Harvey, Sustainability Coordinator DATE: January 7, 2021 SUBJECT: Executive Summary of Polystyrene Foam Waste Reduction Ordinance Polystyrene foam (also known as expanded polystyrene, EPS foam, or colloquially as "Styrofoam") is a petroleum-based plastic material that is commonly used for packaging and as food service ware. This lightweight material is commonly littered or blown out of trash receptacles and migrates to the storm drain system and eventually to the ocean and beaches. This littered polystyrene foam breaks down in the marine environment into smaller pieces, which are non -biodegradable and which negatively impact water quality and harm marine life that often mistake pieces of polystyrene for food. Polystyrene contains a chemical used in the production process called "styrene" that has been linked to cancer as well as reproductive and developmental disorders, and that leaches from polystyrene into food and drink. For these reasons, community members are increasingly calling for the City to take action to minimize the distribution, waste, and litter of polystyrene materials in the City. Florida Statute 500.90 preempts regulation of polystyrene but "does not limit the authority of a local government to restrict the use of polystyrene by individuals on public property, temporary vendors on public property, or entities engaged in a contractual relationship with the local government for the provision of goods or services." At the November 17, 2020 City Commission meeting, staff presented options for reducing the environmental impacts of polystyrene foam through an ordinance prohibiting the use and distribution of polystyrene foam products in City facilities and on City property. This Executive Summary follows that discussion by summarizing the comments of the Commissioners into each element of a potential Polystyrene Foam Waste Reduction Ordinance. Input from community members and staff is also incorporated as available. Staff requests that City Commission review this document for further discussion and direction. General Support for an Ordinance • Commissioners conveyed a clear understanding of the negative environmental impacts of polystyrene foam, and expressed strong support for moving forward with a polystyrene foam waste reduction ordinance. Materials to Regulate • Commissioners did not explicitly discuss this, but implicitly agreed that the ordinance would apply to polystyrene foam products including: o Polystyrene foam food ware (e.g., clamshell containers, cups, plates, bowls) o Unencapsulated polystyrene foam products that are not covered within a more durable material (e.g., coolers, ice chests, beach/pool toys) Page 315 of 380 The Vice Mayor articulated that polystyrene foam (aka "Styrofoam") is a low -hanging fruit because its environmental impacts are well known and there is a negligible cost difference to purchasing alternatives. The Mayor said he would like to also include plastic confetti in the list of banned items. The City Commission did not address whether they would like to regulate other single - use plastic products (e.g., polypropylene straws, polystyrene hard plastic food ware, or intentional balloon releases), but their long-term goal of behavior change implied that these items might be addressed in the future. To Whom Regulation Applies • All Commissioners expressed support for prohibiting polystyrene foam use and distribution on City property by staff, contractors, and temporary vendors. This would include the forthcoming RFP for the cafe at City Hall/Library as well as other contracts and special event permits. • Four Commissioners also supported regulating polystyrene foam use by members of the public in City parks, beaches, docks, and marinas; but they had differing opinions regarding how far to go with enforcement (summarized below). Exemptions • There was minimal discussion on this point, so staff recommends following the Florida model ordinance to exempt the following: o City contracts/agreements/permits issued prior to the effective date of ordinance o Prepackaged foods that have been filled and sealed prior to receipt (including products used for the storage of raw meat, pork, poultry, fish, and seafood) o Free samples or food distribution drives Education and Outreach • Commissioners strongly agreed that education should being a major component of any ordinance. • Commissioner Romelus articulated that the goal is to implement a long-term initiative (to phase in over time) that will help people think differently and change their behaviors. This will entail a long-term marketing campaign, including clear and well-placed signage that conveys how the policy will be implemented and enforced over time. • If a financial penalty is applied (see below), enforcement of fines would be preceded by a year-long educational program during which violators are issued warnings. This would help to ensure broad public awareness of the policy before enforcement of fines begins. • A community member emphasized the importance of education and signage so that residents "see it and internalize it" which will also, importantly, help encourage businesses to get on board and voluntarily switch to more sustainable products. She noted that this is a long-term process. • Another element of an effective outreach program is to increase the number of publically available trash cans. The Mayor noted this is particularly needed in District 2. A community member suggested the City use attractive, artistic trash cans with the message "Keep Boynton Beautiful' so people will want to use them. This could be a project for schools or after-school programs. Another community member noted that the City has had public art on dumpsters in the past. 2 Page 316 of 380 Implementation and Enforcement A. For City Contractors and Temporary Vendors • Following the FL model ordinance: The prohibition on polystyrene foam materials shall be incorporated into all contracts, leases, special event permits, and concession agreements entered into or renewed after the effective date of the ordinance. A violation shall be deemed a material default under the terms of the contract, lease, or concession agreement and may be grounds for revocation of a special event permit. • City Commission did not discuss whether they would want to assess fines for contract and permit violations. • The Mayor suggested that the City consider purchasing alternative products in bulk so vendors have the option of buying from the City as part of their special event permitting or facility rental process. B. For Individuals or Organizations who Rent City Facilities • Staff suggests that renters be asked to sign a "Keep Boynton Clean" pledge as part of the rental agreement, stating that they will not use polystyrene foam (and possibly other plastic products). They will be given educational material along with the pledge. Those who sign the pledge will receive a discount on their rental. • The Mayor suggested, similarly, that people who choose to use polystyrene foam products at City facilities would be required to pay a "sustainability deposit" that would be used for the City's environmental programs. • Commissioner Hay suggested that polystyrene foam be prohibited and people be informed up front that if they are caught violating the policy, they will not be allowed to rent the facility again (possibly for a period of time). This would "put teeth" into the policy. C. For General Public Users of Parks and Beaches • Vice Mayor Penserga stated his support for regulating the use of polystyrene in parks and on beaches, and noted that if we want this policy to be taken seriously then it needs to have teeth. • Commissioner Hay said he thinks education is the way to go right now. If it comes to the point when we need to implement fines, then we can re -address it. • Commissioner Katz was not in favor of "policing" people who come to the beach or parks. He wants a policy that is realistic and doesn't become overbearing on our residents. • Mayor Grant agreed that City does not need to be "environmental police," but suggested that we could implement a fine at the beach, parks, and boat ramps — locations where park rangers are present to issue citations. He suggested that the fine be similar to the amount of a parking citation, or possibly as low as $10 or $15. He also noted that enforcement of fines would be preceded by a year-long educational program during which violators are issued warnings. This would help to ensure broad public awareness of the policy before enforcement of fines begins. • Commissioner Romelus stated the goal is not to penalize individuals, but to engender a long-term change in behavior. She emphasized the importance of a long-term educational campaign, including clear and well-placed signage that conveys how the policy will be implemented and enforced over time. She added that the presence of cameras in public spaces can help to convey the seriousness of the policy. Page 317 of 380 • A community member commented that fines are important to give the policy teeth after a period of education and outreach. Best Practices and Lessons from Other Communities Staff has reviewed the policies of 17 Florida jurisdictions that prohibit the use and distribution of polystyrene foam on City or County property. Interviews with staff in some of these communities have provided the following lessons and best practices: • Residents are generally very supportive of these ordinances. • In addition to polystyrene foam food ware (included in all ordinances), some ban plastic straws, other single -use plastic food ware, unencapsulated polystyrene foam products, and/or intentional balloon releases. • The communities are not experiencing not problems with compliance. Businesses report their appreciation for the policy when they see the demand from their own customers. • All agree that outreach and education play a major role. They recommend an educational campaign for six to 12 months prior to enforcement, including signage at parks and facilities. • Most communities include financial penalties in their ordinances. Best practice is an escalating fine structure beginning with a warning or small fine for the first offense. • Some communities include a financial hardship waiver for businesses or individuals unable to pay the fines. • Some report challenges in defining "City facility" and "City property" and in regulating behavior within City rights-of-way. • Some do not apply fines, emphasizing that the purpose is to educate more than to punish. Park rangers use the ordinance as an opportunity to approach and inform residents. • In one community, the ban operates on a complaint basis: residents can call the code enforcement department to report the use of polystyrene foam products. • It is recommended to work with the special events coordinator to inform and educate the list of registered vendors. Meet with large stakeholders prior to enforcement to help find alternatives. Provide positive publicity to vendors, such as signs and stickers to display at events. • When communicating the policy to vendors, clarify that we are not regulating what a vendor uses in daily business, just for City contracts/special events. This provides them a chance to try out the alternative products. • For park/facility users, some communities apply the ban only to parties larger than a certain size (e.g., 50 or 100 people). When users pay a deposit that gives leverage to enforce the policy. • Bans on city/county property help build momentum towards repeal of preemptions at the state level. • The ordinance can be followed by passage of an internal sustainable procurement policy to ensure that government leads by example. 4 Page 318 of 380 Recommended Implementation Timeline February — March 2021 • 1St and 2nd readings of Polystyrene Foam Waste Reduction Ordinance April — May 2021 Incorporate ordinance provisions into all contracts, leases, special event permits, and concession agreements Develop public education and outreach campaign Develop and launch "Keep Boynton Clean" pledge for facility rentals June 2021 Launch public education and outreach campaign (per Commission direction) Park rangers begin to issue warnings for violations in parks Early 2022 • City Commission revisit the question of financial penalties for violations June 2022 • (per Commission direction) Earliest date for any financial penalties 5 Page 319 of 380 Mgt CITY OF— 'W" BOYNTON B E A C H e uuum. rro � //air, pm � /r j /// /r j p� // j � / / i%iii % // Oa // m�„ ��/i �/air, uuumui �i, ,.�,J / / / / / / / // / a�� u/i. d ooi �. l for/� wor/ oor/� m�� iiai� iii ��or/, / oiorG i / 2. ! / y,r IA/n i�/, ,-✓oi iiiii ooco ,o, .iooc ro .mv/ �/ .i��/ viii l /� u�o/ iii % o Rebecca Harvey, Sustainability Coordim Boynton Beach City Commis! January 19, 2 Page 320 of 380 • FL Ordinances 1JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ JJJJ 1, IF • Banning 1JJJ11J1111JJ' Ft. Lauderdale X Polystyrene on Largo X City/County Deerfield Beach X Property Dania Beach X Surfside X Orlando* X Orange County* X Hallandale Beach Miami -Dade Co. X Key Biscayne X St. Petersburg X Sarasota X North Bay Village** X * Internal Policies Coral Gables** X ** Also regulates businesses Miami Beach** X outside of public ROW Bal Harbour Village** X enacted prior to state preemption Hollywood** Page 321 of 380 X X X X X X L r e e i c e sc ss o, U Y y Nover-, 17, 2020 Overall, there was expressed support for a polystyrene fo2 waste reduction ordinance for City property/City facilities Discussion Topics: o,/, Materials to Regulate o�,/ To Whom Regulation ADDlies o,/ Education and Outreach o,/, Implementation and Enforcement Page 322 of 380 V i it i / it �� it �� . �j , � 1. ,� u� � 'u,� � 1 , ,.. �1 �, ,� a� Polystyrene foam food ware (clamshell containers, cups plates, bowls) a� Unencapsulated polystyrene foam products (coolers, ice chests, beach/pool toys) o Plastic confetti Other single -use plastic items (e.g., straws, hard polystyre food ware, balloons) may be considered for addition to the ordinance in the future. Page 323 of 380 11 ,,, Y/1 h% / / e g b Ai / e s a� All Commissioners expressed support for prohibiting polystyrene foam use and distribution on City property l staff, contractors, and temporary vendors. a� There was also support to regulate polystyrene foam us( by members of the public in City parks, beaches, docks, and marinas. a� There were comments that the enforcement on member of the public should be positive in nature. Page 324 of 380 tand Outreach a� Strong agreement that education is major component of ordinance a� Long-term marketing Et education campaign to change behavior a� Year-long educational program prior to enforcement of any penalties o Clear and well-placed signage o Increase the number of public trash cans Page 325 of 380 p e t a% ar Enforcement fo c e t For City Contractors and Temporary Vendors a� Incorporate the ban into all contracts, leases, special event permits, and concession agreements entered into renewed after the effective date of the ordinance. a� Penalty is termination of contractual relationship or revocation of special event permit. Page 326 of 380 p e t a % ar Enforcement fo c e t For Individuals or Organizations who Relit City Facilities aOption 1: "Keep Boynton Clean Pledge" (along with educational material) that provides a discount on facilit rental. IIIess staff ti�rne required a� Option 2: "Sustainability Deposit" required of users whc choose to use polystyrene foam products. WoWd r uiu sourne staff iuisII ti ups afteur ureuatat aOption 3: Prohibit polystyrene foam use; penalty is bein barred from future rentals. Ill isll t ups urnay IIbe r uhre( four eveury eveuat quid omens a[ Page 327 of 380 p e t a% ar Enforcement fo c e t For Public Users of Parks and Beaches o Agreement that education is paramount. o Warnings should be given for at least a year prior to enforcement of any penalties. o Further discussion is needed about whether to assess fir after the educational period. o Commissioners noted that the policy: �o, Needs to have "teeth" to be taken seriously �o, Could be enforced by park rangers similar to parking citat �o, Should be realistic and not overbearing on residents �o, Is aimed at changing behavior, not penalizing individuals Page 328 of 380 a� 1 s and 2nd reading of Polystyrene Foam Waste Reduction Ordinance a� Incorporate ordinance provisions into contracts, leases, special event permits, and concession agreements 0 Work with vendors to help identify alternative products o Develop "Keep Boynton Clean" pledge for facility rentals o Develop and implement public education campaign o�,- Early 2022: Citv Commission revisit the auestion of financ penalties for violations Page 329 of 380 9/////////// A N K Y 0 - BOY CITY OF— ON Rebecca Harvey Sustainability Coordinator //pr" ........ ..:.. ....... / ( 561) 742-6494 r /„ GoGreenBoynton. com Page 330 of 380 11.A. New Business 2/2/2021 Requested Action by Commission: Proposed Resolution No. 21-021 - Approve and authorize the Mayor to sign the I nterlocal Agreement and Purchase & Sale Agreement for the Historic Women's Club of Boynton Beach. Explanation of Request: The Boynton Beach Community Redevelopment Agency (CRA) has owned, maintained and operated the Historic Women's Club of Boynton Beach located at 1010 S. Federal Highway since 2017. In order to remain consistent with the CRA's statutory mandates, the City of Boynton Beach (City) and the CRA are proposing the transference of ownership, maintenance and operation of the property from the CRA to the City. The purpose of this agenda item is to consider approval of both a purchase & sale agreement and an interlocal agreement between the City and the CRA. These agreements will govern the transfer of ownership of the property from the CRA to the City and will allow the City to request reimbursement funding from the CRA for eligible costs for physical maintenance and future renovations of the property, up to $250,000 annually for three (3) years for a total amount not to exceed $750,000. The interlocal agreement was previously approved by the CRA board on January 12, 2021. How will this affect city programs or services? The transfer of this property will allow the City to expand its cultural, educational and recreation programming, as well as expand the type and scope of rental facilities for public use, attracting new events and exhibits and increasing facility rental revenues. Fiscal Impact: Alternatives: Strategic Plan: Building Wealth in the Community, Boynton Beach Branding Strategic Plan Application: Ownership of the Women's Club will provide the City with another facility to use for event space and for renting to the public, potentially adding economic growth for local ancillary businesses including event planners, caterers, florists, hotels, artists, craft vendors, etc. It will also increase the City's brand awareness as an event destination. Climate Action Application: Is this a grant? Page 331 of 380 Grant Amount: Attachments: Type D IRE)S()ll LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t D Ag ir'EsE) rTIE) II'l t Description IRE)SOkAboin appiroviing HI A aindF'UlrchaSE�l Agir'E)E)irTIE)l['It with URA for Il listoric Wornain's CkAb PLArchaSE) & Saab,Agir'E�IENrTIENI'lt I ['ItE)irlocallAgir'E�IENrTIENI'lt Page 332 of 380 I RESOLUTION NO. R20- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT AND A PURCHASE AND 5 SALE AGREEMENT BETWEEN THE CITY OF BOYNTON 6 BEACH AND THE BOYNTON BEACH COMMUNITY 7 REDEVELOPMENT AGENCY FOR THE HISTORIC WOMEN'S 8 CLUB OF BOYNTON BEACH; AND PROVIDING AN 9 EFFECTIVE DATE. 10 WHEREAS, The Boynton Beach Community Redevelopment Agency (CRA) has 11 owned, maintained and operated the Historic Women's Club of Boynton Beach located at 1010 12 S. Federal Highway since 2017; and 13 WHEREAS, in order to remain consistent with the CRA's statutory mandates, the City 14 of Boynton Beach (City) and the CRA are proposing to transfer the ownership, maintenance 15 and operation of the property from the CRA to the City; and 16 WHEREAS, on January 12, 2021 the Boynton Beach CRA approved the Interlocal 17 Agreement between the City of Boynton Beach and the CRA; and 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 19 recommendation of staff, deems it to be in the best interests of the City residents to approve and 20 authorize the Mayor to sign an Interlocal Agreement and a Purchase and Sale Agreement with 21 the Boynton Beach Community Redevelopment Agency for the Historic Women's Club of 22 Boynton Beach. Both final Agreements shall be in a form acceptable to the City Attorney. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above is true and correct and incorporated 26 herein by this reference. S:ACA\RLSO\Agreements\ILA And Purchase Agreement With CRA For Women's Club - Reso.Docx Page 333 of 380 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 approve and authorize the Mayor to sign the Interlocal Agreement and the Purchase and Sale 29 Agreement between the City of Boynton Beach and the Boynton Beach Community 30 Redevelopment Agency for the Historic Women's Club of Boynton Beach both of which shall 31 be in a final form acceptable to the City Attorney. A copy of said Interlocal Agreement is 32 attached hereto as Exhibit "A" and a copy of the Purchase and Sale Agreement are attached 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 hereto as Exhibit "B". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus VOTE ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RLSO\Agreements\ILA And Purchase Agreement With CRA For Women's Club - Reso.Docx YES NO Page 334 of 380 AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT is made and entered into as of this day of February, 2021 ("Agreement") by and between the City of Boynton Beach, a Florida municipal corporation, whose post office address is 100 E. Ocean Avenue, Boynton Beach, Florida 33435 (hereinafter referred to as "PURCHASER") and Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part IH of the Florida Statutes whose post office address is 100 E. Ocean Avenue, Boynton Beach, Florida 33435, (hereinafter referred to as "SELLER"). WITNESSETH In consideration of Ten Dollars ($10.00) and the mutual agreements herein and upon and subject to the terms and conditions herein contained, the parties hereto agree as follows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 PropertX. That certain property located at 1010 S. Federal Highway, Boynton Beach, Florida, (the "Property) which Property is more particularly described with the legal description in Exhibit "A," attached hereto and made a part hereof. 1.2 Closing. The delivery of a Quitclaim Deed to PURCHASER concurrently with the delivery of the purchase price to SELLER. 1.3 Closing Date. The Closing Date shall occur on or before fifteen (15) days subsequent to the Inspection Period. (00427049.1306-9905541) 1.4 Deed. A Quitclaim Deed, acceptable to PURCHASER, which shall convey Page 1 Page 335 of 380 the Property from SELLER to PURCHASER. 1.5 Effective Date. The Effective Date of this Agreement shall be the date upon its execution by both the SELLER and PURCHASER. 1.6 SELLER'S Address. Sellers' mailing address is 100 E. Ocean Avenue, Boynton Beach, FL 33435. 1.7 PURCHASER'S Address. Purchaser's mailing address is 100 E. Ocean Avenue, Boynton Beach, FL 33435, with copy to Goren, Cherof, Doody & Ezrol, P.A., Attn: James A. Cherof, Esq., at 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308. 1.8 Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE PRICE. Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property previously identified on Exhibit "A" for the total Purchase Price of Ten and 00/100 ($10.00) Dollars and upon and subject to the terms and conditions hereinafter set forth. 2.1 The Purchase includes: (a) All buildings and improvements located on the Property; (b) All right-of-ways, alleys, waters, privileges, easements and appurtenances which are on or benefit all the Property; (00427049.1306-9905541) Page 2 Page 336 of 380 (c) All right, title and interest, if any, of SELLER in any Property lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof. The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of SELLER and (2) for any damage to the Property due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; (d) All fixtures and articles of personal property remaining on the Property at the time of closing. SELLER represents that such fixtures and articles are paid for and are owned by SELLER free and clear of any lien or encumbrance. (e) To the extent transferable, all licenses, permits, contracts and leases, if applicable, with respect to the property. 3. INSPECTIONS. PURCHASER shall have fifteen (15) days commencing on the Effective Date to perform inspections of the property as the PURCHASER deems necessary ("Inspection Period"). During the Inspection Period, PURCHASER shall, at PURCHASER'S sole cost and expense, determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper size and capacity to serve the existing facilities and installed to the property lines. At all times during the Inspection Period, PURCHASER and PURCHASER'S agents shall be provided with reasonable access during normal business hours to the Property for purposes of on-site inspection, upon reasonable prior Notice to SELLER. The scope of the inspection contemplated herein shall be determined by the PURCHASER as deemed appropriate under the (00427049.1306-9905541) Page 3 Page 337 of 380 circumstances. In the event that any inspections and any review of documents conducted by the PURCHASER relative to the Property during this Inspection Period prove unsatisfactory in any fashion, the PURCHASER, at PURCHASER'S sole discretion, shall be entitled to terminate this Agreement prior to the end of the fifteen (15) day Inspection Period and PURCHASER also agrees to indemnify and hold SELLER harmless from any losses, claims, costs, and expenses, including reasonable attorney's fees, which may result from or be connected with any acts or omissions of PURCHASER during inspections that are done pursuant hereto. 4. SELLER'S REPRESENTATIONS. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of SELLER'S knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 4.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 4.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, (00427049.1306-9905541) Page 4 Page 338 of 380 occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 4.3 SELLER has full power and authority to enter into this Agreement and to assume and perform SELLER'S obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, CRA, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 4.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create by SELLER'S consent any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. 4.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 4.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use SELLER'S best efforts to maintain the Property in its present condition so as to ensure that it shall remain (00427049.1306-9905541) Page 5 Page 339 of 380 substantially in the same condition from the conclusion of the Inspection Period to the Closing Date. 4.7 To the best of SELLER's knowledge, Hazardous Materials (as defined below) are not present at, in, on or under the Property, any Site, or any part thereof. The Seller has not received any notice of or information reflecting any violation of Environmental Laws (as defined below) related to the Property or any Site (or any portion thereof) or the presence or release of Hazardous Materials on or from the Property or any Site (or any portion thereof). No clean up, investigation, remediation, administrative order, consent order, agreement or settlement is in existence with respect to the Property or any Site, to the knowledge of SELLER, is any such investigation, remediation, administrative order, consent order, agreement or settlement threatened, planned or anticipated. The SELLER has not engaged in or permitted any release, spill, generation, disposal, storage, or handling of any Hazardous Materials on the Property, any Site, or any part thereof. There are no underground storage tanks located on, in, or under the Property or any Site. The term "Environmental Law or Laws" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601, et. seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Appendix 1801, et. seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. 9601, et. seq.), and the Toxic Substances Control Act, as amended (15 U.S.C. 2601, et. seq.) and all other federal laws and regulations governing the environment, including laws relating to petroleum and petroleum products, together with their implementing guidelines, and all state, regional, county, municipal and other local laws, regulations and ordinances that are equivalent or similar to the federal laws and regulations recited above or that purport to regulate Hazardous Materials. The term "Hazardous Materials" means, without limitation, any substance, material, waste, pollutant or contaminant listed or defined as (00427049.1306-9905541) Page 6 Page 340 of 380 hazardous or toxic under any Environmental Law, including without limitation, flammable, explosive or radioactive material, lead paint, asbestos, PCBs, urea formaldehyde, medical waste, radioactive waste, mold, petroleum and petroleum products or constituents, methane and any other toxic or hazardous material. SELLER will give immediate oral and written notice to PURCHASER of SELLER's receipt of any written notice involving a violation threat of violation or suspected violation of any Environmental Law. Seller has no knowledge of any tenant or occupant at the Property who is storing any Hazardous Materials at the Property or any Site. 5. EVIDENCE OF TITLE. 5.1 Title to the Property. SELLER shall convey to PURCHASER at Closing, by delivery of a Quitclaim Deed, title to the subject Property. PURCHASER shall, within the Inspection Period, secure a Title Search Report ("TSR") issued by a title insurance underwriter approved and selected by PURCHASER identifying the encumbrances on the Property. The costs and expenses relative to the TSR shall be borne by the PURCHASER. PURCHASER shall have five (5) days from the date of receiving TSR to examine same. If PURCHASER objects to any exception to title as shown in the TSR PURCHASER, prior to the expiration of the Inspection Period, shall notify SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be cured by SELLER so as to enable the removal of said objection(s) from the TSR within ten (10) days after PURCHASER has provided notice to SELLER. Within five (5) days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either (1) that the objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection. If SELLER shall be (00427049.1306-9905541) Page 7 Page 341 of 380 unable or unwilling to cure all objections within the time period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by written notice to the SELLER within five (5) days after receipt of a cure notice specifying an uncured objection, in which event all instruments shall be immediately returned to PURCHASER; or (b) accept such title as Seller is able to convey with a reduction or abatement of the Purchase Price. 6. PURCHASER'S REPRESENTATIONS. PURCHASER hereby represents and warrants to the best of PURCHASER'S knowledge that all of the following are true and correct: (a) PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. (b) The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER do not and will not violate the corporate or organizational documents of PURCHASER and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the PURCHASER is a party. (c) No action by any federal, state, municipal or other governmental department, CRA, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon PURCHASER in accordance with its terms and conditions. All of the representations, warranties and covenants of PURCHASER contained in this Agreement or in any other document, delivered to SELLER in connection with the transaction (00427049.1306-9905541) Page 8 Page 342 of 380 contemplated herein shall be true and correct in all material respects and not in default at the time of Closing, just as though they were made at such time. 7. CONDITIONS PRECEDENT TO CLOSING. Each of the following events or occurrences ("Conditions Precedents") shall be a condition precedent to PURCHASER'S obligation to close this transaction: (a) That the PURCHASER has not notified the SELLER that it has deemed the property to be unsuitable for its intended purpose as a result of the Investigations conducted on the Property during the Inspection Period. (b) SELLER has performed all covenants, agreements and obligations, and complied with all conditions required by this Agreement to convey clear and marketable title of the Property to PURCHASER, prior to closing. (c) Approval of this Agreement by the Boynton Beach City Commission. 8. RISK OF LOSS. Risk of loss or damage from fire, other casualty, or both, is assumed by SELLER until the deed described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER. In the event any portion of the Property is destroyed, rendered unleaseable or dysfunctional by fire or other casualty then the following shall apply: (00427049.1306-9905541) (a) If the damage, as determined by the insurance adjuster, is not more than Ten Thousand and 00/100 Dollars ($10,000.00): (i) PURCHASER shall complete settlement and all insurance proceeds relating to the improvements damaged by such casualty loss shall be paid to the PURCHASER, and (ii) SELLER shall assign to PURCHASER on the date of Closing the full amount of any proceeds payable under SELLER'S fire and extended Page 9 Page 343 of 380 coverage insurance policy applicable to said damage; (b) If the damage, as determined by the insurance adjuster, is more than Ten Thousand and 00/100 Dollars ($10,000.00) DOLLARS, PURCHASER shall have the option to complete the settlement hereunder and collect all available insurance proceeds relating to the improvements damaged by such casualty loss, in which case SELLER shall pay to PURCHASER on the date of Closing the full amount of any deductible under SELLER'S fire and extended coverage insurance policy. SELLER warrants that it shall maintain until the date of the Closing adequate "All Risk" property insurance; and: (c) In the event the Property, or any portion thereof, is condemned by any governmental authority under its power of eminent domain or becomes the subject of a notice of condemnation, prior to Closing, PURCHASER may elect to terminate this Agreement and neither party shall have any further claim against the other, or PURCHASER may elect to complete settlement hereunder, in which event SELLER shall assign to PURCHASER all of SELLER'S right, title and interest in and to any condemnation awards, whether pending or already paid applicable to the loss of the real property and the improvements located thereon, and there shall be no adjustment to the Purchase Price. 9. CLOSING DOCUMENTS. At closing, SELLER shall deliver to PURCHASER a Quitclaim Deed, Bill of Sale, if applicable, No Lien/Gap Affidavit, Non -Foreign Certification in accordance with Section 1445 of the Internal Revenue Code, 1099 Form and any other documents reasonably requested by either (00427049.1306-9905541) Page 10 Page 344 of 380 party or the closing agent. 10. CLOSING COSTS, TAXES AND PROBATIONS. 10.1 Seller's Closing Costs. SELLER shall pay for the following items prior to or at the time of closing: a) Cost and expense related to providing marketable title as provided herein; 10.2 Purchaser's Closing Costs. PURCHASER shall pay for the following items prior to or at the time of Closing: a) Recording fees of the Quitclaim Deed; b) Costs associated with obtaining the TSR. 11. CLOSING DATE AND PLACE. The Closing will take place on or before the expiration of fifteen (15) days subsequent to the Inspection Period at the law offices of Goren, Cherof, Doody & Ezrol, P.A located at 3099 E. Commercial Blvd., Suite 200, Fort Lauderdale, FL 33308. 12. DEFAULT. In the event of a default by either party„ the non -defaulting party shall have the election of the following remedies, including equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. 13. CONTINGENCIES. PURCHASER'S obligations under the Agreement is contingent upon the following: (a) That the PURCHASER is fully satisfied with its due diligence investigation conducted during the Inspection Period. (b) The conveyance of clear and marketable title to the property. (c) The Boynton Beach City Commission authorizes the transaction. (00427049.1306-9905541) Page 11 Page 345 of 380 14. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 15. NOTICE. All written notices shall be deemed effective if sent to the following places: PURCHASER: City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, Florida 33435 Attn: Lori Laverriere, City Manager With Copy to: James A. Cherof, Esq. GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, #200 Fort Lauderdale, Florida 33308 Tel: (954) 771-4500 Fax: (954) 771-4923 SELLER: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue (00427049.1306-9905541) Boynton Beach, Florida 33435 Page 12 Page 346 of 380 Attn: Michael Simon, Executive Director With Copy to: Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 16. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. Venue shall be in the Federal or State Courts in Palm Beach County, Florida. 17. ASSIGNABILITY. PURCHASER may not assign this Agreement without the consent of SELLER. 18. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 19. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect unless in writing and executed by both SELLER and PURCHASER. 20. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors and assigns of SELLER and PURCHASER. 21. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be taken (00427049.1306-9905541) Page 13 Page 347 of 380 to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals. 22. LITIGATION COSTS: In connection with any litigation arising out of this Agreement, the prevailing parry shall be entitled to recover from the non -prevailing parry all costs and expenses incurred, including its reasonable attorney's fees at all trial and appellate levels and postjudgment proceedings. 23. RADON GAS: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. [THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY] (00427049.1306-9905541) Page 14 Page 348 of 380 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated above: (00427049.1306-9905541) PURCHASER: City of Boynton Beach, a Florida municipal corporation By: Steven B. Grant, Mayor Signed on: SELLER: Boynton Beach Community Redevelopment Agency By: Steven B. Grant, Chair Signed on: Page 15 Page 349 of 380 EXHBIT "A" LEGAL DESCRIPTION Lots 4, 5, 6 and 7, PARKER ESTATE, according to the plat thereof, as recorded in Plat Book 10, Page 37, of the Public Records of Palm Beach County, Florida; LESS the West 35 feet thereof for road right of way. FOLIO NO.: 08-43-45-28-24-000-0040 (00427049.1306-9905541) Page 16 Page 350 of 380 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON. THIS AGREEMENT ("Agreement") is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually a "Party" and collectively, the "Parties") WITNESSETH: WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Community Redevelopment Area ("CRA Area") as described in the Plan; and WHEREAS, the CRA owns the property within the CRA Area located at 1010 South Federal Highway, Boynton Beach, FL (the "Property") as further described in Exhibit "A," which is hereby incorporated herein; and WHEREAS, the Property contains the Historic Woman's Club of Boynton Beach building ("HWCBB"); and WHEREAS, the HWCBB is listed on the National Register of Historic Places; and WHEREAS, the Property is subject to certain restrictive covenants; and WHEREAS, the CITY desires to own the Property and use the HWCBB for proper municipal purposes, specifically, for municipal and cultural purposes and as an events venue available to rent by the general public; and WHEREAS, the use of the Property by the CITY for municipal and cultural purposes and as an events venue supports the goals of the Plan; and WHEREAS, the Property is also located adjacent to 1021 S Federal Highway, Boynton Beach, FL, (the "CITY Parcel") (a description of which is attached hereto as Exhibit "B," which is hereby incorporated herein), which is owned by the CITY; and WHEREAS, the CITY Parcel contains additional parking critical for continued historic preservation and full use of the Property by the CITY as described above; and WHEREAS, the transfer of this Property to the CITY will further promote the goals and objectives of the CITY; and 01434266-1 I Page 351 of 380 WHEREAS, the CITY will undertake the maintenance and operations of the Property in furtherance of that goal; and WHEREAS, maintenance and operation of the HWCBB requires the additional off-site parking found on the CITY Parcel; and WHEREAS, the CRA desires to provide the CITY with funding for the maintenance and operation of the Property, for a period not to exceed three (3) years from the Effective Date of this Agreement ("Maintenance Period"); and WHEREAS, the CRA further desires to fund various physical improvements to the HWCBB related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB; and WHEREAS, the physical improvements described above and the operations and maintenance of the HWCBB during the Maintenance Period are hereinafter referred to as the "Project;" and WHEREAS, the CRA finds the Project will enhance the CRA Area; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended historic preservation of the HWCBB, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this 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, and in particular the CRA Area; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Reimbursement Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Two Hundred Fifty and 00/100 Dollars ($250,000) annually (for a maximum total of $750,000) to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only direct expenses for materials, labor, construction, and equipment costs associated with the Project for the physical operation and maintenance of the Property (the term "Property" includes 01434266-1 4 Page 352 of 380 the HWCBB), and expenses associated with construction and installation of physical improvements related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB, shall be considered eligible expenses. CITY overhead, CITY administrative costs, payment to CITY employees, and any payoffs required by applicable restrictive covenants are not eligible expenses. b. The CRA's obligation to provide funding to the City is contingent upon the inclusion of the funding in the CRA's approved Budget for the fiscal year in which the funds will be disbursed. C. The CRA reimburse the CITY for eligible expenses upon receipt of a written, complete Reimbursement Request from the CITY that meets the requirements of this Agreement as further described below. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. As a prerequisite for receiving funding in any given year pursuant to this Agreement, no later than the last day of April every year through the life of this Agreement, the City shall provide the CRA with an Annual Budget Request. The Annual Budget Request shall state the amount of funding the City is requesting the CRA include for the Project in its budget for the subsequent fiscal year. The first Annual Budget Request shall be due on April 30, 2021, for funds to be included in the CRA's Budget for the 2021/2022 fiscal year. Upon receipt of the timely submitted Annual Budget Request, the CRA shall include the funding amount requested in its proposed Budget to be considered for approval by the CRA Board. C. The CITY shall ensure that the Proj ect is accomplished in compliance with the Plan and Florida Statutes. d. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. e. The CITY shall also be responsible for the maintenance of the Property, along with contracting and coordinating with all other entities as necessary to comply with the Secretary of Interior's Standards for the Treatment of Historic Properties, during the term of the Agreement and thereafter. 01434266-1 3 Page 353 of 380 f. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. g. The CITY shall honor all existing rental agreements between the CRA and third parties as of the Effective Date, and shall assume the responsibilities and obligations of the CRA in such agreements. On the Effective Date, the CRA will provide copies of all agreements between the CRA and third parties to the City. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request") meeting the requirements of this Agreement to the CRA. In order to be eligible for reimbursement, the Reimbursement Request must be submitted no later than: a. Ninety (90) days after payment by the CITY of funds for which it is seeking reimbursement; b. Forty-five (45) days before the end of the CRA's fiscal year; and c. Forty-five (45) days before this Agreement terminates. b. In order to be deemed a complete Reimbursement Request, the Reimbursement Request shall include the following information: 01434266-1 i. The amount of reimbursement requested; ii. A summary of the Project items for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement; iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement; and v. For any Reimbursement Request submitted after final completion of a physical improvement, evidence of an approved final inspection, or equivalent, and a final report by the CITY detailing at minimum the type improvements, reasons for the improvements, and the associated costs. M Page 354 of 380 C. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within ninety (90) days of receipt of the Reimbursement Request. d. If the CITY fails to submit a Reimbursement Request within ninety (90) days after the final completion of any physical improvement, the CITY will no longer be eligible to receive reimbursement for that improvement. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have ninety (90) days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request; however, in no case shall the City submit such documentation later than forty-five (45) days before the end of the CRA's fiscal year. If the CITY fails to provide the documentation required by the CRA within the required time limits, the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project or otherwise assisting with the HWCBB. 6. Additional Limitations on Reimbursement Funds. If any portion of the Property ceases to be used for public purposes, or of any portion of the Property is assigned for use to a private or non-profit entity for more than seven calendar days (whether or not such entity pays the CITY rent for such use), then the maintenance and operations costs for that portion of the Property shall not be deemed eligible expenses for the duration of the use by that entity or during such time as the Property is not used for public purposes. The intent of this paragraph is to prevent the use of CRA funds for improving, operating and maintaining any portion of the property for which the primary beneficiary is the entity operating that portion of the property (such as a vendor or service provider) or the customers of that entity, and this paragraph shall be construed in light of this stated intent. 7. Land Transfer. The CRA, upon recommendation of staff, deems it in the best interest of the citizens and residents of the CITY and in furtherance of the Plan to transfer the Property to the 01434266-1 5 Page 355 of 380 City. The CRA and the City will negotiate and enter into a separate Purchase and Sale Agreement for a Quit -Claim Deed transferring the Property from the CRA to the CITY. 8. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 9. Term of the Agreement. This Agreement shall become valid and commence upon the date of execution by the last Party to this Agreement ("Effective Date"), and unless earlier terminated pursuant to this Agreement, shall terminate three years from the Effective Date ("Termination Date"). In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 10. Records. The CITY and the CRA each shall maintain their own 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 at least 1 year after the termination of the Agreement. 11. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 01434266-1 C7 Page 356 of 380 12. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing 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 terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This paragraph shall 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. 13. No Third -Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 14. 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. 15. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning 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 prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning 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. 16. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 17. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce 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 District of Florida, to which the Parties expressly agree and submit. 01434266-1 7 Page 357 of 380 18. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 19. Notice. 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: a. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof 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 20. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 01434266-1 N. Page 358 of 380 21. Interpretation; Independent Advice. 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. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 22. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 23. Survival. The provisions of this Agreement regarding indemnity, waiver, termination, maintenance of the Property, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 24. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 01434266-1 [Signatures on following page.] I Page 359 of 380 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Crystal Gibson, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Steven B. Grant, Chair Date: 01434266-1 10 Page 360 of 380 EXHIBIT "A" CRA -owned Property Information (1010 South Federal Highway, Boynton Beach) Parcel ID Number: 08-43-45-28-24-000-0040 Legal Description: Lots 4, 5, 6, and 7, Parker Estates, according to the Plat thereof as recorded in Plat Book 10, Page 37, Public Records of Palm Beach County, Florida, Less the West 35 Feet thereof for Road Right of Way. 01434266-1 Location Map 11 Page 361 of 380 EXHIBIT `B" CITY -owned Property Information (1021 South Federal Highway, Boynton Beach) Parcel ID Number: 08-43-45-28-24-000-0140 Legal Description: PARCEL I: Lots 14, 15, 16, and 17, PARKER ESTATES, a subdivision of the City of Boynton Beach, Florida, according to the Plat thereof on file in the office of the Clerk of the Circuit court in and for Palm Beach Cunty, Florida, recorded in Plat Book 10, at Page 37. PARCEL II: Lots I and 2, Block B, HATHAWAY PARK, a subdivision of the City of Boynton Beach, Florida, according to the Plat thereof on file in the office of the Clerk of Court in and for Palm Beach County, Florida, recorded in Plat Book 13 at Page 17. SUBJECT TO: easements, reservations, restrictions, road -right-of-way of record, if any, and taxes for the year 1998 and thereafter. 01434266-1 Location Map 12 Page 362 of 380 11.B. New Business 2/2/2021 Requested Action by Commission: Vice Mayor Penserga and representative from Feeding South Florida will discuss options for coordinating a day of service at their newly built facility in Boynton Beach. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 363 of 380 12.A. Legal 2/2/2021 Requested Action by Commission: Proposed Ordinance No. 20-003 - First Reading - Approve a revision to City Ordinances section 9-3 (c) to include Photovoltaic systems. Explanation of Request: Section 9 of the City Ordinances pertaining to fire prevention and control must remain consistent with the latest edition of the Florida Fire Prevention Code, which is revised every three (3) years. The statute also requires local government to review local ordinances to ensure that they are consistent with the latest edition of the code. This revision of Section 9 of the City Ordinances complies with this statutory requirement. How will this affect city programs or services? The adoption of this revision will allow the Fire Department and the City of Boynton Beach to comply with State Statutes. It will update our local ordinances to become consistent with the Florida Fire Prevention Code. Ambiguous and outdated language has been revised to increase clarity and to improve our ability to deliver the best service to our community. Fiscal Impact: Non -budgeted N/A Alternatives: N/A Strategic Plan: Strategic Plan Application: Approval of this revision will update the local ordinance, the plans review, permitting, and our annual fire inspection activities. Climate Action Application: N/A Is this a grant? No Grant Amount: Attachments: Page 364 of 380 Type OrdinainCE) Description Ordinall'IC2, appirtmAingr'E)ViSk)I['l tO SE)CAiOln 9 3(c') SE�ICUOIII 9 3 (c) Page 365 of 380 I ORDINANCE NO. 21- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 9, "FIRE PROTECTION 5 AND PREVENTION", ARTICLE I, "GENERAL", SECTION 9- 6 3, "EXAMINATION OF BUILDING PERMITS" TO INCLUDE 7 PHOTOVOLTAIC SYSTEMS; PROVIDING FOR REPEAL 8 OF LAWS IN CONFLICT, SEVERABILITY, CODIFICATION 9 AND AN EFFECTIVE DATE. 10 I I WHEREAS, Section 9 of the City Ordinances pertaining to fire prevention and control 12 must remain consistent with the latest edition of the Florida Fire Prevention Code which is 13 revised every three (3) years; and 14 WHEREAS, pursuant to Florida Statutes, local government is required to ensure that 15 they are consistent with the latest edition of the Florida Fire Prevention Code. 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 18 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 19 as being true and correct, and are hereby incorporated herein and made a part hereof. 20 Section 2. Chapter 9 entitled "Fire Protection and Prevention", Article I, "General", 21 Section 9-3(c) of the Code of Ordinances is hereby amended to read as follows: 22 ARTICLE 1. GENERAL 23 24 Sec. 9-3. Examination of building permits. 25 (a) No building permit shall be issued by the Building Department for new 26 construction, demolition, moving of existing buildings or renovation of existing 27 structures normally requiring a building permit until a complete set of plans and/or 28 specifications have been examined and approved by the Fire and Life Safety Division. 29 (b) No building that requires a certificate of occupancy (CO) from the Building Official 30 shall be occupied for any purpose until a Fire Department fire final inspection has been 31 approved. 32 (c) Nothing in this section shall apply to single-family or duplex residential 33 units. Exceptions: fire sprinkler systems, generators, o -gas installations _a,fl d.. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9-3(c) (2021) - Ordinance.docx 2 Page 366 of 380 I (d) When work for which a permit is required by this chapter is started prior to 2 issuance of a permit, the fees herein specified shall be four (4) times the original fees. 3 (e) The payment of such fees shall not relieve any person from fully complying with 4 the requirements of this chapter in the execution of the work, nor from any other 5 penalties prescribed herein. 6 7 Section 3. Each and every other provision of the Code of Ordinances of the City of 8 Boynton Beach not herein specifically amended shall remain in full force and effect as 9 previously enacted. 10 Section 4. All ordinances or parts of ordinances in conflict herewith be and the same 11 are hereby repealed. 12 Section 5. Should any section or provision of this ordinance or portion hereof, any 13 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 14 decision shall not affect the remainder of this ordinance. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this _ day of February, 2021. SECOND, FINAL READING AND PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice -Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus VOTE ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) 2021. YES NO S:ACA\Ordinances\Fire Protection and Prevention Chapter 9-3(c) (2021) - Ordinance.docx 2 Page 367 of 380 (b) Periodic fire safety inspections. (1) The Florida Fire Prevention Code and the Florida statutes provide that each municipality, county, and special district with fire safety responsibilities is required to enforce the Florida Fire Prevention Code. Such enforcement requires inspections of each new structure or buildings whose occupancy type as defined by the state statute and the Florida Fire Prevention Code. Fire safety annual inspections shall be conducted on each existing structure or building as defined by the F.S. Ch. 633 and the Florida Fire Prevention Code as adopted by the State Fire Marshal. (2) No such building shall be occupied without the required fire safety inspection. The frequency of the inspections shall be annually or as otherwise determined by the Fire Marshal. A building occupied in violation of this section is subject to a fine of five hundred dollars ($500.00) per day. Each day constitutes a separate and continuing offense. The city may enforce this provision of the code by action before the Code Enforcement Board, by notice to appear for violation of a municipal ordinance, or by action for injunctive relief. The fines provided herein are in addition to the penalties authorized by F.S. § 205.053. (3) The inspection or permitting of any building or plan under the requirements of this code shall not be construed as a warranty of the physical condition of such building or the adequacy of such plan. The city or its employees shall not be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building or plan, or for any failure of any component of such building, which may occur subsequent to such inspection or permitting, pursuant to this code. (4) Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained on the premises for a minimum of three (3) years, and shall be provided to the fire district through a third -party inspection reporting system,. (Ord. 18-008, § 3, 5-1-18) Sec. 9-3. Examination of building permits. (a) No building permit shall be issued by the Building Department for new construction, demolition, moving of existing buildings or renovation of existing structures normally requiring a building permit until a complete set of plans and/or specifications have been examined and approved by the Fire and Life Safety Division. (b) No building that requires a certificate of occupancy (CO) from the Building Official shall be occupied for any purpose until a Fire Department fire final inspection has been approved. (c) Nothing in this section shall apply to single-family or duplex residential units. Exceptions: fire sprinkler systems, generators, gas installations and Photovoltaic systems (d) When work for which a permit is required by this chapter is started prior to issuance of a permit, the fees herein specified shall be four (4) times the original fees. (e) The payment of such fees shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work, nor from any other penalties prescribed herein. Page 368 of 380 13.A. Future Agenda Items 2/2/2021 Requested Action by Commission: Consider ordinance for year round irrigation that has been requested by South Florida Water Management District. - February 16, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 369 of 380 13. B. Future Agenda Items 2/2/2021 Requested Action by Commission: Award of Task Order for Design Services for Gulfstream Blvd. Improvements- February 16, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 370 of 380 13.C. Future Agenda Items 2/2/2021 Requested Action by Commission: Amendment to ILA with Delray Beach for Gulfstream Blvd. Improvements- February 16, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 371 of 380 13.D. Future Agenda Items 2/2/2021 Requested Action by Commission: ILA for Sara Sims Park Pavilion I mprovements - March 16, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 372 of 380 13. E. Future Agenda Items 2/2/2021 Requested Action by Commission: Charlotte Pelton & Associates to provide an update on the naming rights campaign - March 16, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 373 of 380 13. F. Future Agenda Items 2/2/2021 Requested Action by Commission: Mayor Grant requested information on the water quality of canal systems within the City. - March 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 374 of 380 13.G. Future Agenda Items 2/2/2021 Requested Action by Commission: Vice Mayor Penserga requested a discussion regarding a City Mural Program - March 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 375 of 380 13. H. Future Agenda Items 2/2/2021 Requested Action by Commission: Present option for management of canal assessment program - March 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 376 of 380 13.1. Future Agenda Items 2/2/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 2/2/2021 Requested Action by Commission: Voluntary Sustainability Payment on Water Bills - April, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 377 of 380 13.J. Future Agenda Items 2/2/2021 Requested Action by Commission: Discussion on funding for expanding W i-Fi to City parks. -April, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 378 of 380 Requested Action by Commission: Monuments of City Property - April 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 13. K. Future Agenda Items 2/2/2021 Page 379 of 380 1131. Future Agenda Items 2/2/2021 Requested Action by Commission: Discussion of LOI process for sale of city land - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 380 of 380