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Agenda 06-01-21
The City of Boynton Beach City Commission Agenda Tuesday, June 1, 2021, 5:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Woodrow L. Hay (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) 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. "'17) u»aJ1,, Iffiiiiuuullll�lllll www. boynton-beach.org Page 1 of 269 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. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: 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 June 1, 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 item number(s) for your comments. Comments received by the deadline will be included in the meeting minutes for the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. Page 2 of 269 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 269 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Duane Roberts of Calvary Chapel Pledge of Allegiance to the Flag led by Mayor Grant Swearing In of Vice Mayor Woodrow L. Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Mat Forrest of Ballard Partners to provide a post session legislative update. B. Announce that Pathways to Prosperity, Inc./BRIDGES at Boynton Beach will host their Annual back -to -school supply drive and giveaway on Saturday, July 31st at the Ezell Hester Center. Kemberly Bush and Andre Thaddies will provide details about the event. C. The Florida Division of Blind Services nominated the City of Boynton Beach as an Exemplary Employer in Palm Beach County. The City will be recognized at the Florida Rehabilitation Council for the Blind's quarterly meeting on Thursday, May 27. D. Presentation of the 22nd annual "Bob Borovy Student Citizen of the Year" award by members of the Education & Youth Advisory Board. E. Announcement by Boynton Beach City Library's Marketing and Outreach Manager Madison Kjosa regarding Weather and Hurricane Preparedness with the National Weather Service virtual program in partnership with the National Weather Service from the Miami/South Florida Forecast Office on J une 8, 2021 at 6:OOpm. F. Announcement by Boynton Beach City Library's Marketing and Outreach Manager Madison Kjosa regarding Boynton Beach City Library's Summer Reading Program and its Kick Off Party on June 5, 2021 from 10 a. m. -1 p.m. G. Announcement by Eleanor Krusell, Communications and Marketing Director, regarding the ribbon cutting for the pride intersection on NE 1st Street and Ocean Avenue on June 7 at 5:30 p.m. H. Announcement of D-Day/Midway Remembrance and Flag Day being hosted by Boynton Beach Veterans Task Force in June. I. FY 2021/2022 budget workshops are scheduled to be held July 12-14, 2021 in the Police Station Community Room, 2100 High Ridge Road: Monday July 12, 2021: 5:30 p.m. Tuesday, July 13, 2021: 10:00 a. m. Wednesday, July 14, 2021: 2:00 p.m. (If needed) The Commission adopts a Preliminary Fire Assessment Rate Resolution and a Tentative Millage Rate Resolution at these workshops. Page 4 of 269 J. Proclaim Friday, June 4, 2021 as National Gun Violence Awareness Day. Wynna Dunmyer of Moms Demand Action for Gun Sense in America will accept the proclamation. K. Proclaim the week of June 5, 2021 as National Garden Week. Co -Presidents Toni Cvetko and Lorie Wolff and members of the Boynton Beach Garden Club will be present to accept the proclamation. 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. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Legal Expenses - April 2021 - Information at the request of the City Commission. No action required. B. Proposed Resolution No. R21-051 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and FH Quantum LLC for the 4th of July event to be held Sunday, July 4, 2021. C. Proposed Resolution No. R21-052 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 4th of July event to be held Sunday, July 4, 2021. D. Approve minutes from the City Commission meeting on May 18, 2021. 7. Consent Bids And Purchases Over $100.000 A. Proposed Resolution No. R21-053 - Approve and authorize the City Manager to sign all required documents for the purchase of 135 TASER 7 "Smart Tasers" from Axon Enterprise, Inc. of Scottsdale, AZ; and enter into a five (5) year purchase plan with Axon Enterprise, Inc. with yearly payments; $108,250.00 for the first year, and $103,500.00 each year thereafter for a total of $522,250.00 over the five (5) year period. 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. 21-016 Second Reading - Approve amendments to Advisory Board Ordinance amending Chapter 27, "Advisory Boards and Committees", Section 27-2 providing for selection of the Chair and Vice -Chair; and amending Section 27-22 "Definitions" to correct a scrivener's error. 9. City Manager's Report Page 5 of 269 A. At the request of Commissioner Penserga, enclosed is a memorandum outlining rental procedures for City Facilities including Facility Rentals, Pavilion Rentals, Athletic Field Rentals, and Special Event Permits. 10. Unfinished Business A. Monthly update on the Town Square project by J KM Developers 11. New Business A. Commissioner Penserga requested information regarding economic development incentive programs offered by other cities throughout the County. David Scott will present some examples of programs provided by West Palm Beach, Delray Beach, Palm Beach Gardens and others. 12. Legal A. Proposed Resolution No. R21-054 - Approve the City's participation in the Memorandum of Understanding which establishes the allocation of settlement funds arising from the statewide Opioid Litigation. B. Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: Patrick McFadden, Plaintiff vs. City of Boynton Beach, and Mark Sohn, Defendants — United States District Court, Southern District of Florida, Case Number: 9:20-cw81237-RS C. Proposed Ordinance 21-018 First Reading - Approve amending Chapter 2, Section 2-1.2 "Vice Mayor Appointment" providing for annual appointment or reappointment of new Vice -Mayor for a one year term. 13. Future Agenda Items A. Staff to provide an update on the COVID-19 Vaccine Distribution - June 15, 2021 B. Hear presentation from City staff on Neighborhood Traffic Calming Program - June 15, 2021 C. First reading of ordinance relating to monuments on City property - June 15, 2021 D. Discussion regarding proposal from Surfing Florida Museum - June 15, 2021 E. Discussion on options and alternatives for public meeting record archives. - June 15, 2021 F. Staff to present Resolution adding reversionary language to Planning and Zoning applications. - J u ly 6, 2021 G. Mayor Grant requested information on the water quality of canal systems within the City. Staff is requesting SFW MD to present this information - July 6, 2021 H. Staff to provide an update on the American Rescue Plan - July 6, 2021 I. Update from staff on Head Start lease options - July 6, 2021 J. Approval of Lease Agreements for City Hall Innovation Space and Cafes Operators - July 20, 2021 K. Commissioner Penserga requested a discussion regarding a City Mural Program - July 2021 L. Discussion on funding for expanding W i-Fi to City parks. - Will be presented during Budget Workshops 14. Adjournment Notice Page 6 of 269 If person decides to appeal to any decision made by the City Commission with respect to any matter considered at this rmeting, 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 testiimny 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 service, program, or activity conducted by the city. Please contact the City Clerk's office, (561) 742- 6060 or (MT 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accomnndate your request. Additional agenda items may be added subsequent to the publication of the agenda on the city's web site. Information regarding items added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 7 of 269 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/1/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Duane Roberts of Calvary Chapel Pledge of Allegiance to the Flag led by Mayor Grant Swearing In of Vice Mayor Woodrow L. Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 1.A. Opening Items 6/11/20211 Page 8 of 269 Requested Action by Commission: Informational items by the 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 6/11/20211 Page 9 of 269 Requested Action by Commission: Mat Forrest of Ballard Partners to provide a post session legislative update. 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 10 of 269 Requested Action by Commission: Announce that Pathways to Prosperity, Inc./BRIDGES at Boynton Beach will host their Annual back-to-school supply drive and giveaway on Saturday, July 31st at the Ezell Hester Center. Kemberly Bush and Andre Thaddies will provide details about the event. 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 11 of 269 Requested Action by Commission: The Florida Division of Blind Services nominated the City of Boynton Beach as an Exemplary Employer in Palm Beach County. The City will be recognized at the Florida Rehabilitation Council for the Blind's quarterly meeting on Thursday, May 27. 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 12 of 269 Requested Action by Commission: Presentation of the 22nd annual "Bob Borovy Student Citizen of the Year" award by members of the Education & Youth Advisory Board. Explanation of Request: The Bob Borovy Student Citizen of the Year Award was created in 2000 to recognize a graduating high school senior with the spirit of volunteerism and giving to the community as exemplified by the late Bob Borovy, a United States Veteran and former advisory board member who was an active citizen of the community for many years. The recipient will receive $1,000 and have his/her name placed on the permanent plaque. How will this affect city programs or services? In order to apply, students must be graduating high school seniors who are residents of the City of Boynton Beach, submit three letters of recommendation, complete an essay and provide documentation of their volunteer work. The winner is chosen by a panel of judges, including last year's award recipient. Fiscal Impact: Non -budgeted The award is sponsored by the Education and Youth Advisory Board and is funded through donations. Alternatives: Do not make the announcement. Strategic Plan: Boynton Beach Branding Strategic Plan Application: The Scholarship provides an opportunity for the City to connect to the community. Climate Action Application: No Climate Action. Is this a grant? Grant Amount: Attachments: Page 13 of 269 Requested Action by Commission: Announcement by Boynton Beach City Library's Marketing and Outreach Manager Madison Kjosa regarding Weather and Hurricane Preparedness with the National Weather Service virtual program in partnership with the National Weather Service from the Miami/South Florida Forecast Office on June 8, 2021 at 6:OOpm. Explanation of Request: Join the National Weather Service from the Miami/South Florida Forecast Office as they discuss weather preparedness and hurricane awareness as hurricane season approaches. For more information, visit boyntonlibrary.org or call 561-742-6390. Pre -registration required to receive Zoom program link. https://zoom. us/webinar/register/3116171974173/W N_zwTkQwcbR_Kklc-YE I_J 8w An ASL interpreter will be provided. Time: Jun 8, 2021 06:00 PM in Eastern Time (US and Canada) How will this affect city programs or services? Fiscal Impact: Non -budgeted No fiscal impact. Alternatives: Do not announce. Strategic Plan: Strategic Plan Application: Climate Action Application: n/a Is this a grant? No Grant Amount: Attachments: Page 14 of 269 3. F. Requested Action by Commission: Announcement by Boynton Beach City Library's Marketing and Outreach Manager Madison Kjosa regarding Boynton Beach City Library's Summer Reading Program and its Kick Off Party on June 5, 2021 from 10 a.m. -1 p.m. Explanation of Request: The Boynton Beach City Library's Summer Reading initiative, "Better Together," starts on June 5 with a Kick -Off Party from 10 a.m.-1 p.m. outside Boynton Beach City Hall. Children (5-12 years) and teens (13-17 years) can register for Summer Reading, play fun lawn games, make crafts, and receive a free Kona Ice treat. This event will be held outdoors in Centennial Park next to City Hall. Everyone who registers for Summer Reading and tracks the books they read from June 5 - August 5 can win prizes, including a 3D printer for the first -place teen winner and Seaside Explorer's Kit for the first -place youth winner. Summer Reading is sponsored by Friends of the Boynton Beach City Library. Thanks to their support, programs and events such as Drone Racing, Build a Mars Rover, and Garden Tie Dye will take place throughout the summer to keep kids engaged and enthused about learning. Participants can stop by the Youth Services Library, located on the first floor of City Hall at 100 E. Ocean Ave., now through August 4 at 7 p.m. to sign up and pick up a book log. For more information and to see all Summer Reading programs, visit bit.ly/bbclsummer21. How will this affect city programs or services? This will promote the love of reading. Fiscal Impact: There is no fiscal impact. Summer Reading is sponsored by Friends of the Boynton Beach City Library. Alternatives: Do not announce. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Page 15 of 269 Grant Amount: Attachments: Type Attachirneint Description SLAirnirneir IReadir g IFlirogira irn Caleindair Page 16 of 269 Library Youth Summer Reading Programs For ages 5-12 years Tuesdays, 4:30-6 p.m. 6/08 - Nature Detectives Examine bones, feathers, and animal tracks to solve a nature mystery! Create & take home your own backyard nature guide. 6/15 -Turtle Hunt Can you track down all of the library's hidden turtles? Enjoy a turtle story while you make a turtle of your own. 6/22 - Pose a Picture Book Choose a backdrop and a cast of toy characters to photograph your own story! Pick up your very own wordless picture book the next day. 6/29 - Paint -a -Pig** Learn some helpful tips and surprising facts about money while you paint a colorful piggy bank. 7/06 - Garden Tie Dye** Can you match natural dyes to the plants they came from? Learn where these colors come from while you tie-dye a shirt to take home! Plain t -shirts in sizes Youth S -L will be provided. Please call ahead or BYO if another size is needed. 7/13 - Butterfly Feeder** How well do you know Florida's butterflies? Learn fun facts as you use recycled materials to craft a beautiful backyard butterfly feeder. 7/20 - One for Me, One for You Build your own back -to -school kit from an array of supplies and snacks. Make one for yourself and one for a friend! 7/27 - Windchimes Use beads, bells, sticks, and string to create your own windchime! Wednesdays, 10-10:30 a.m. Outdoor Storytime (infant - 4yrs) Join us under the big tree (just outside the new City Hall) for stories, rhymes, & more! Vinyl seat pads will be provided-- please call ahead if you require other seating accommodations. Storytime will be canceled in inclement weather. *Children younger than 13yrs must be accompanied by an adult at the library. **Program takes place outdoors. Library Teen Summer Reading Programs For ages 13-17 years Thursdays, 4-5:30 p.m. 6/10 - Duct Tape Creations Participants will make cool indestructible wallets and purses out of duct tape. Wait ... is it duct, or duck? 6/17 - Cursive Workshop Did you know many students in elementary school after 2010 were not taught cursive writing? Arm yourself with the knowledge of a lost art form—reading and writing in cursive. 6/24 - Let's Fly a Kite** Join us on a breezy afternoon to take some colorful kites to the skies! Bring your own kite or use one of ours. 7/01 - Drone Racing** Be part of an epic drone showdown! Race a drone through an outdoor obstacle course. 1st place winner receives a free drone! Can you beat the competition? Please, no personal drones—just bring your good sportsmanship. 7/08 - Connect -4 Tournament** Challenge your friends to the classic disc -dropping game of Connect -4. Two finalists will settle the score on a giant outdoor Connect -4! 7/15 - OtakuFest Love Japanese culture? Well, you've come to the right place! Make candy sushi, try Japanese snacks, and discuss anime/manga with friends. Cosplay is encouraged! 7/22 - Boynton in a Snapshot** Your mission is easy: take pictures of Boynton Beach with your mobile device. Come back to the library and submit your best photo. 1st place winner receives a prize! 7/29 - Build a Mars Rover Rovers are carlike spacecraft that NASA uses to explore the surfaces of the Moon and Mars- and one day, they might go even farther! In this program, you will be able to construct your own plane- tary explorer! Thursdays, 5:30-6:30 p.m. 6/10, 6/17, 7/22 & 7/29 - Teen Yoga** **Program takes place outdoors. Requested Action by Commission: Announcement by Eleanor Krusell, Communications and Marketing Director, regarding the ribbon cutting for the pride intersection on NE 1st Street and Ocean Avenue on June 7 at 5:30 p.m. 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 19 of 269 Requested Action by Commission: Announcement of D-Day/Midway Remembrance and Flag Day being hosted by Boynton Beach Veterans Task Force in June. Explanation of Request: The Boynton Beach Veteran's Task Force will host two events in the month of June. The events are D-Day/Midway Remembrance on June 6th at 2PM and Flag Day on June 13th at 12PM. Both events will take place at Tom Kaiser, USN, Boynton Beach Veterans Memorial Park. How will this affect city programs or services? No affect on City Programs or Services. Fiscal Impact: No fiscal impact. Alternatives: Not to make the announcement. Strategic Plan: Boynton Beach Branding Strategic Plan Application: Hosting special events provides an opportunity for more residents and non- residents to visit Tom Kaiser, USN Boynton Beach Veterans Memorial Park. Climate Action Application: No Climate Action Is this a grant? Grant Amount: Attachments: Page 20 of 269 3.1. Requested Action by Commission: FY 2021/2022 budget workshops are scheduled to be held J my 12-14, 2021 in the Police Station Community Room, 2100 High Ridge Road: Monday July 12, 2021: 5:30 p.m. Tuesday, J my 13, 2021: 10:00 a. m. Wednesday, July 14, 2021: 2:00 p.m. (If needed) The Commission adopts a Preliminary Fire Assessment Rate Resolution and a Tentative Millage Rate Resolution at these workshops. Explanation of Request: Our FY 2021/2022 Budget process is underway. Budget workshops are scheduled to be held July 12-14, 2021 in the Police Station Community Room, 2100 High Ridge Road: Monday July 12, 2021: 5:30 p.m. Tuesday, J my 13, 2021: 10:00 a. m. Wednesday, July 14, 2021: 2:00 p.m. (If needed) 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: Page 21 of 269 Attachments: Page 22 of 269 Requested Action by Commission: Proclaim Friday, June 4, 2021 as National Gun Violence Awareness Day. Wynna Dunmyer of Moms Demand Action for Gun Sense in America will accept the proclamation. Explanation of Request: Moms Demand Action started three groups in Palm Beach County. National Gun Violence Awareness Day started in 2015 and uses the slogan "Wear orange". The color orange has a long and proud history in the gun violence prevention movement, whether it is worn by hunters or activists. Orange expresses our collective hope as a nation for a future free from violence. This proclamation declares the first Friday in June to be National Gun Violence Awareness Day in the City of Boynton Beach to honor and remember all victims and survivors of gun violence and to declare that we as a country must do more to reduce gun violence. How will this affect city programs or services? No impact. Fiscal Impact: Non -budgeted N/A Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D Flirc.:ca irna tioin Description C lirc.:cJa irna tioin INa tioa ir:ll C3)Uiin Vic.:lleir:ce w."ireir:ea: s Page 23 of 269 r pro elamat ion WHEREAS, every day, more than 100 Americans are killed by gun violence, alongside more than 230 who are shot and wounded, and on average there are more than 13,000 gun homicides every year. Americans are 25 times more likely to die by gun homicide than people in other high-income countries; and WHEREAS, Florida has 2752 gun deaths every year, with a rate of 12 deaths per 100,000 people. Florida has the 27 h highest rate of gun deaths in the United States. Cities across the nation, including The City of Boynton Beach, are working to end the senseless violence with evidence -based solutions; and WHEREAS, support for the Second Amendment rights of law-abiding citizens goes hand -in -band with keeping guns away from people with dangerous histories. Mayors and law enforcement officers know their communities best, are the most familiar with local criminal activity and how to address it, and are best positioned to understand how to keep their citizens safe; and WHEREAS, gun violence prevention is more important than ever as the COVID-19 pandemic continues to exacerbate gun violence after more than a year of increased gun sales, increased calls to suicide and domestic violence hotlines, and an increase in city gun violence; and WHEREAS, in January 2013, Hadiya Pendleton was tragically shot and killed at age 15; and on June 4, 2021 to recognize her 24,h birthday (born: June 2, 1997), people across the United States will recognize National Gun Violence Awareness Day and wear orange in tribute; and WHEREAS, the idea was inspired by a group of Hadiya's friends, who asked their classmates to commemorate her life by wearing orange; they chose this color because hunters wear orange to announce themselves to other hunters when out in the woods and orange is a color that symbolizes the value of human life; and WHEREAS, by wearing orange on June 4, 2021 Americans will raise awareness about gun violence and honor the lives of gun violence victims and survivors. We renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the wrong bands, and encourage responsible gun ownership to help keep our children safe. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 4,h day of June, Two Thousand and Twenty -One as: N8tion8l bun Viol�ZnC�7_ (08g IN WITNESS WHEREOF, I have hereunto set my band and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the Is' day of June, Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC, City Clerk Requested Action by Commission: Proclaim the week of June 5, 2021 as National Garden Week. Co - Presidents Toni Cvetko and Lorie Wolff and members of the Boynton Beach Garden Club will be present to accept the proclamation. Explanation of Request: Gardeners have a passion for nurturing the beauty and resources of the earth through the planting of seeds, the care of all plants and the riches of their efforts. Gardeners seek to add beauty, splendor, fragrance and nutrition to our lives through the growing of herbs, vegetables, foliage and flowers and work to preserve our country's traditional spirit of independence through innovation and hard work. They also advocate for the importance of all creatures large and small that share our world and their roles in a balanced and productive ecology. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Flirc.:ca irna tioin Flirc.:ca irna tioin INa tioinal (:)a irde'n Week Page 25 of 269 Proclamation WHEREAS, gardeners have a passion for nurturing the beauty and resources of the earth through the planting of seeds, the care of all plants and the riches of their efforts; and WHEREAS, gardeners seek to add beauty, splendor, fragrance and nutrition to our lives through the growing of herbs, vegetables, foliage and flowers and work to preserve our country's traditional spirit of independence and initiative through innovation and hard work; and WHEREAS, gardeners advocate the importance of all creatures large and small that share our world and their roles in a balanced and productive ecology; and WHEREAS, gardening furnishes a challenging and productive activity for our citizens for those just learning as well as those having years of experience and gardening promotes a healthy lifestyle that lasts a lifetime, helps reduce stress from other areas of our life, teaches that rewards can come from diligent efforts; and WHEREAS, gardening enables members of Garden Clubs across the nation and the world to make a world of difference in the communities where they reside and work; NOW, THEREFORE, I, Steve B. Grant, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim June 5-12, 2021 as: National Garden M_,�_,k. 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 lsr day of June, Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk 5.A. Administrative 6/11/20211 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/1/2021 Requested Action by Commission: Appointment of 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 term openings and 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 term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep city advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Exhibit D Attachirneint Description Rotation and Appointments 6...1...21 Kanter, Cha irlles Page 27 of 269 Appointments and Applicants for June 1, 2021 Art Advisory Board Mayor Grant Alt 1 yr term to 3/22 1 Katz Reg 2 yr term to 3/22 Applicants: None Building Board of Adjustments and Appeals Vice Mayor Hay Reg 2 yr term to 3/23 IV Penserga Reg 2 yr term to 3/23 Mayor Grant Alt 1 yr term to 3/22 I Katz Alt 1 yr term to 3/22 Applicants: None Education and Youth Advisory Board Vice Mayor Hay Alt 1 yr term to 3/22 III Romelus Reg 2 yr term to 3/22 Applicants: None Historic Resources Preservation Board III Romelus Alt 1 yr term to 3/22 IV Penserga Reg 2 yr term to 3/22 Applicants: None Recreation and Parks I Katz Reg 2 yr term to 3/23 Vice Mayor Hay Reg 2 yr term to 3/23 Applicants: Charles Kanter Senior Advisory Board Mayor Grant Reg 2 yr Term 3/23 Applicants: None C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\1EEE29F8-B9D0-40BE-8932-8C4040D33B21\Boynton Beach.26784.1.Appointments_for_06-01- 21.docx Page 28 of 269 Stanzione, Tamm From: City Clerk Sent Monday, May 24, 2021 4:31 PM To: SLauzione'Tammy Subject: FW: Advisory Board Appointment application From: kante/_c<norep|y@123fonnbui|derjm> Sent: Monday, May 24,2O214:17PM To: City Clerk <CityC|erk@bbf|.us> Subject: Advisory Board Appointment application Today's date 05/24/2021 Name Charles Kanter Phone number Address 29O5S,Greenleaf Circle Boynton Beach FL3J4Z6 United States Email Current occupation or, if Redred/��ahneSurveyor? Publisher K4erineBooks, Author k4arineBook� Retired/Marine �t|na6,prior occupation BA, MAT Are you aregistered voter? Yes Do you reside within the Boynton Beach City limits? Yes Doyou own/manage a business within City limits? Yes |f"yes",name of business: Retired Marine Surveyor/writer Are you currently serving on Yes City board? Have you served on a City Yes board in the past? |f"yes",which board(s>�nd ' Recreation & Parks when? Have you ever been convicted No of crime? |f"yes",when and where? Advisory Board Recreation & Parks Board 1 Page 29 of 269 if appointed by the City Commission toserve aaBoard Yes Chair orVice Chair are you willing to serve in this capacity? Professional Memberships USCG Licensed Boat US AyW5 Feel free toattach/upload an extra sheet orresume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from aboard. The message has been sent from 99.l35.1321(United States) at2OZ1-O5-2415:I6:4SonChrome 9O.O.4430.2lZ Entry ID: 465 Page 30 of 269 Stanzione, Tamm From: Cherry-6ubennan, Catherine Sent: Monday, May 24,2021 4:54 PM To: Stanzione, Tammy Cc: Gibson, Crystal; Young, Kacy Subject: FW: Advisory Board application HI Tammy, Please see below: Mr, Kanter Submitted his advisory Board application and WOUld like the below included with it, �atherheCherrf Minutes 5pecialist Qty [|erk'sOfMce ��aiHn��ddnes�� P'O Box Boynton Beach, F|')Mdm 33425 PhysicA4ddress�1OOE.Ocean Ave, | Boynton Beach,Florida 3,3435 t� �81-742-6764 �� [herr�[0�bbfiu� | �� boyoton-beachoro/ ���� �"�� ��| ��� �_� ��. ��� =�. P|eauebeaduisedthatF|ohdahasabroadpub|icrecords|owandaUcorrespuodencetmmeviaennaAmaybesubieclto disc|nsureUnderP|ori�arecopds|avv,emaUad�ressesan*�ubUorecords,Therefore,youre-eaiiormmunicadonand yourel-rnaU address moy be subjecthz pub|icdiuc|o�ure From: Charles E. Kanter<chadesekante/@gmaiicom> Sent: Monday, May 24,2OZ14:4OPK8 To: Cherry-Gu6erman,Catherine <[herryC@bbf|.us> Cc: Young, kacy<YoungK@bbO.us> Subject: Re: Advisory Board application Please add this tomyapplication, Thank you, Cbodum E. Kanter: Curriculum vitae EXTKACT Prepared for Boynton Beach CityC"mmissiooco, 3\October 20l8 DE: &c-uppointmcn1ioCity Commission, per- 98 Post article \. CuhSxuurs-DouLeudcr Pack leader. 2. Boy Scouts- Stac Life, Assist. 8uvutB4aster, Explorer. I US Naval Reserve- Uonomb|cDischarge. 4� UQ /\ony- Infantry Training Cadre, HlTC. Three awards. 5, School Bus Driver- B||onvi||c}4Y 6� Agriculture, Licensed 0eu| ByLa1c sales, Community activist, El|uoviUc, NY 7� 0/\- Suny New Pabz, Post grad u1Co|umbia, Executive Instructor Training, William & Mary 8. Director- of"I'raining- LJS Army Transportation School, Ft. Eustis Contract of'Westitighouse LC 1 Page 31 of 269 9. Director Corin-nunity Action Program, Manchester, NF1. Westinghouse Learning Corp contract. 10. Westinghouse LC Representative with Ohio State University and First Head Start Evaluation pro, 11, Director of Training for the JOBS program as loaned executive from Westinghouse ["Iectric Cori). (Drained Loaned Exes of 100 Cities identified by JOBS program "How to Ifire Flard-Core Unemployed) 12. Director ofTraining for Federation Employment and Guidance Services, New York. City 13. C.ornmodore, Long Island MUltihull Association. I"ounder, "Around Long Island Race" produced first "in -the -water Sailboat show" on long Island Sound. Founded MUItihuIl Bermuda Race. First sailboat to have a reverse -osmosis watermaker powered by solar panels, 14. Amateur Radio Operator (CLAM) E'xtra grade, call: K04WG 15. US oust Guard 100 Ton Merchant Marine Officer License, with sail endorsement. 16. Worked with City ofNew York to create a usable park Out 0fthC WWII abandoned Floyd Benet Field on Jamaica Bay and use the seaplane launching ramp for our sailboats and the airstrips for land -sailors. 17, Marathon, Florida- Incorporation Committee, Parks committee, rails -to -trails committee, Marina Committee, Chairman, Near Shore Waters Committee; board member Marathon Sailing Club. 18. Monroe County Elections deputy. 19. Board member- Seven Seas Cruising Association, (SSCA) 20. Founded S'A/Lco press, 1987 Published first two books, (Marine, sailing, catarnarans, conking aboard) I I published as ot`2018. Parent Company of SAILco Marine Survey, SAMS AMS licensed and insured retired 12/2010. 2 1 . Made thirty-one (3'I) trips on the Intra -coastal waterway, multiple and numerous trips as Captain or owner through the Bahamas chain and both windward and leeward island and greater Antilles including a 1998 month long excursion to Cuba under a treasury dept. license, 22, Moved to Boynton Beach 2004. Edected President, Parkside FIOA 2005 23. Obtained Boynton Beach and Palin Beach County Occupzitional licenses. 24. Obtained Board Member Certification meeting requirements of, 718.112 (2) (d) (3).b.,F.S. 25. Applied and appointed to Recreation and Parks Advisory Board 2010. 26. Elected Supervisor: QUarItUln Park Overlay Dependant Dist. (QPODD) 2016, elected Chairman 2017 This document is an extract. Additional information on any item stated can be documented, verified and expanded. Charles L", Kanter Date: October 31, 2018 2905 S. Greenleaf Circle (District 4) Boynton Beach, F1, 33426 561-369-7828 (home/office) 305-731-3307 (cell -text) Page 2 of 2 On Mon, May 24, 2021 at 2:46 PM Cherry-Guberman, Catherine <�C �err C �bbflms> wrote: Greetings Mr. Kanter: Greetings Plei.ise open the [:)elow link by Ntflng Control clicking on the link. Complete arid SUbmit to the City Clerk, batt12 3f o r m b U i Id.e r. CO nrj.583Z.L4advisor -board-g_ppajj���ticrn Page 32 of 269 6.A. Consent Agenda 6/11/20211 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/1/2021 Requested Action by Commission: Legal Expenses - April 2021 - Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel irnioices are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Attachirneint D Attachirneint D Attachirneint D Attachirneint Description (-.,) ire,n Clh eirof Apirill 2021 1 r:::alices (-,) ire%n Clh eirof Risk Il.....litigation Apirlill 2021 1 r:::alices Joines Il:::::c.:a:>teir fr.:van wry gUia ire litigation Apirill 2021 f"fUltside COL.aiir:a:e(-,) %iraci Apirill 2021 Page 33 of 269 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 04/01/2021 SHB Research re: officer's bill of rights and probationary officers; discuss with JAC. 04/07/2021 SHB Receive and review pre -d and backup documents for Lindner matter; follow RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 1.30 $205.00 HOURS 0.30 1.50 0.80 0.20 0.60 0.60 0.50 1.00 1.50 0.80 1.00 2.50 0.60 11.90 Page: 1 05/04/2021 306-0603180 35781 2,439.50 Page 34 of 269 up with Goodrich. Receive and review EEOC response re: Byrd; discuss with JAC. 04/08/2021 JAC Call as chief and evaluate employee discipline issue and possible Alternate disposition; follow up with JB; 04/09/2021 SHB Review and pre -d letter to be sent to Linder. 04/12/2021 SHB Review pre -d letter and follow up with Swanson. Follow up with JAC and Oldbury re: EEOC response. 04/13/2021 SHB Telephone conference calls with Oldbury re: various pending matters and discrimination claim. 04/14/2021 JAC Follow up with chief and Julie O. Regarding Turco; Email PBA counsel regarding same SHB Review e -verify matters and discuss with DS. Telephone conference with Oldbury re: various pending matters. 04/15/2021 SHB Receive and review IA summary and pre -d documents. 04/16/2021 SHB Receive and review Zavattaro pre -d documents; follow up with Oldbury. 04/19/2021 SHB Various correspondence and discussions with Oldbury and JAC re: applicant and employee drug test matters. 04/20/2021 SHB Review pre -d packet and attend Lindner pre -determination conference. Telephone conference with Oldbury re: various pending matters. Follow up with Oldbury re: drug test matters. 04/30/2021 SHB Review Zavattaro documents and discuss with LL. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 1.30 $205.00 HOURS 0.30 1.50 0.80 0.20 0.60 0.60 0.50 1.00 1.50 0.80 1.00 2.50 0.60 11.90 Page: 1 05/04/2021 306-0603180 35781 2,439.50 Page 34 of 269 CITY OF BOYNTON BEACH LABOR - General TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE Page: 2 05/04/2021 ACCOUNT NO: 306-0603180 STATEMENT NO: 35781 HOURS HOURLY RATE TOTAL 10.60 205.00 2,173.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 2,439.50 $2,439.50 Page 35 of 269 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 05/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-0806020 Boynton Beach FL 33435 STATEMENT NO: 35782 Attn: Lynn Swanson Red Light Cameras HOURS 04/01/2021 SHB Review and approve NOls. Receive and review motion to continue trial, follow up with officers. 0.70 PE Prepared notices, converted to PDF/A and e -filed 37 notices. Sent prose notices to printer to be mailed. Updated tracking log, updated SHB calendar. 4.00 04/12/2021 PE Sort and organized 66 notices for 4/27/21 hearing 1.30 04/14/2021 SHB Various correspondence and discussion with Hollander re: settlement payments, dismissal, and appeal matters. 0.70 04/15/2021 SHB Review and approve NOls. 0.50 04/16/2021 SHB Review and approve NOls. 0.40 PE Prepared 33 notices for 4/27/21 hearing converted to PDF/A and e -filed 66 notices. 6.10 04/19/2021 SHB Various correspondence with Hollander and Hawkins re: cases and settlement payments. Follow up re: status of upcoming trials. 0.60 04/20/2021 SHB Prepare and file Notice of Dismissal; follow up with Hollander. 0.30 04/23/2021 PE Sort and organized subpoenas for 5/11/2021 hearing Looked up each case on clerk's website. Updated SHB calendar. 5.00 SHB Receive and review correspondence from Rose re: settlement; follow up with Hawkins. 0.10 04/26/2021 PE Updated tracking log, updated SHB calendar. Looked up 84 subpoenas on the clerk's website. 4.00 04/27/2021 PE Sort organized and prepared notices for 5/11/2021 hearing. 2.50 04/28/2021 PE Prepared 42 notices for 5/11/2021 hearing and converted to PDF/A for SHB approval. 3.80 04/29/2021 PE Sent prose notices to the printer for mailing and e -filed 43 notices for 5/11/2021 hearing. Updated tracking log. 5.00 SHB Review and approve NOls. 0.40 FOR CURRENT SERVICES RENDERED 35.40 4,721.00 Page 36 of 269 Page: 2 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-0806020 STATEMENT NO: 35782 Red Light Cameras TIMEKEEPER SHANA H. BRIDGEMAN PATRICIA EUGENE RECAPITULATION HOURS HOURLY RATE 3.70 $205.00 31.70 125.00 Photocopies TOTAL EXPENSES THRU 04/30/2021 TOTAL CURRENT WORK BALANCE DUE TOTAL $758.50 3,962.50 20.65 20.65 4,741.65 $4,741.65 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 37 of 269 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 05/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 35783 Attn: Lynn Swanson General Matters L�� 04/01/2021 HN Phone calls to Adam Temple and Mike Rumpf and email to Adam and Mike re: sign code ordinance. 0.10 DS Reviewed Hurricane Commissary Price Units. Reviewed and revised Hurricane Commissary Agreement. Drafted email re: Hurricane Commissary. Reviewed Tennis Tournament Letter. Reviewed and revised 2.90 MDC tennis tournament agreement. 2.00 HN Email to Lynn Swanson re: 1101 N federal highway resolution re: demolition agenda sheet. 0.10 HN Research related to compliance of code liens and affect that may have on a 8.00 foreclosure case. Review of city code of ordinance regarding lien reduction. 1.20 JGH Research and review Ch. 112, F.S., inquiry; follow up with Jim Cherof. 0.30 JAC Emails regarding celebrate diversity month; follow up regarding E -Verify requirements for subcontractors and software providers; review temporary employment agreement; review and research sidewalk expert inspection fees/accessory work and issuance of building permit; review read issuance of development order Dimick Road utility lines issue; review release a police recruit/law-enforcement officers bill of rights issue; review and discussion with Julie Alibrandi regarding Boca banking services; 6.20 04/02/2021 DS Finalized Baral Group Agreement. Discussed Baral Group Agreement with Parks. 1.10 MDC BB office hours; review documents and approve; review inquiry on E -Verify; miscellaneous phone call with JAC on pending matters. 1.70 JAC Review city commission agenda and prep for meeting; review CBD store email and Boynton bucks signs; follow up regarding Casa Del Mar approve the order and minutes regarding additional conditions of approval; follow up regarding FIU strategic plan agreement 3.30 04/05/2021 HN Email exchange with Adam Temple regarding discussing draft sign code ordinance tomorrow. 0.10 DS Reviewed and analyzed ProQuest License Agreement terms. Revised Baral Group Facility Use Agreement. Discussed EVerify in regards to software licenses and facility use agreements with H.N. 2.90 MDC Review Guardian Agreement and update PD re: E -Verify. 0.40 JAC On-site office hours; attend executive team meeting; conference with mayor; conference with Vice mayor; Office administration issues; preparation regarding arts board issues; 8.00 Page 38 of 269 Page: 2 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 35783 General Matters �� 04/06/2021 DS Revised Baral Group Agreement. Drafted email re: Baral Group Agreement. Reviewed ProQuest edits for Syndetics Agreement. Responded to email re: a love serving facility use agreement. Reviewed and analyzed 0.60 DS ch. 119. 1.80 HN Conference call with Adam Temple and Mike Rumpf re: sign code 4.40 DS ordinance. Review of draft sign code ordinance. Review and research 0.20 SHB related to Mike Rumpf's questions regarding to who is cited when someone 2.30 SHB holding a sign (human sign) violates the code. Email to JAC re: Mike 0.30 SMS Rumpf's human sign question as to who is cited for a violation of the code. 2.50 SHB Various correspondence re: chronic nuisance matters. Review agenda and 0.90 JAC attend City Commission meeting. 2.20 JAC Prepare for, attend, and follow up on city commission meeting; Review BAR 4.00 JAC AL group agreement/tennis; Review pending assignments and delegated 2.20 04/09/2021 DS activities of assistant City Attorney's; 4.40 JFK Conf w/ Danielle Schwabe re: facility use agmt. 0.60 04/07/2021 HN Research for municipal or county ordinances in Florida relating to human signs or sign spinners. Email to all attorneys in firm relating to human sign question presented by Mike Rumpf. Email exchange with DJD. 0.60 DS Discussed ProQuest subscriptions with Library. Revised ProQuest Addendums. Drafted email re: syndetics ProQuest Addendum. Drafted 4.40 DS email re: ancestry proquest addendum. Revised Love Serving Autism 0.20 SHB Agreement. 2.30 SHB Office hours at City Hall. Receive and review new case law re: Marsy's law; 0.30 SMS transmit to PD and Clerk. Review and sign items approved at Commission meeting. Review Art Board ordinance and various correspondence with 0.90 JAC Weiss; telephone conference with Weiss. Follow up re: Library Board matters. 4.00 JAC City commission meeting follow up discussion with LS and assistant city 2.20 04/09/2021 DS attorney's; conference call with staff and Ned Murray regarding housing and linkage fees; follow up research regarding same; Staff call regarding 1.50 JAC affordable housing; review budget calendar; miscellaneous preparation regarding CAO budget; Discuss and research regarding sign code and 2.50 citation of sign walkers 5.00 04/08/2021 HN On site. Review and edits to sign code ordinance. Review of the current sign code. Added language relating to enforcement and code violations re: human rights and business owners being liable for actions of employees. Review and edits of changes made by Mike Rumpf. Edits relating to definitions section. 4.40 DS Reviewed revised ProQuest invoice. Drafted email re: ProQuest. 0.20 SHB Various correspondence re: chronic nuisance matters. Correspondence and telephone conference with Matos re: art board matters. 0.30 SMS Review of documents from Bible Church of God and issues with damage to underground infrastructure 0.90 JAC Continue correspondence and review of Riverwalk request to substitute for unity of title;Review artist agreement; review assistant city attorney's work and assignment status 2.20 04/09/2021 DS Finalized A Love Serving Autism Agreement. Drafted email re: A Love Serving Autism Agreement. 1.50 JAC On site office administration; review pending assignments; review budget related issues; 2.50 Page 39 of 269 Page: 3 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 35783 General Matters HOURS SHB Various correspondence with Rumpf re: reasonable accommodation matters. 0.20 04/12/2021 SMS Draft Lease Agreement templates for Concession Stand and Business Incubator; Correspondences related to damaged property on SFWMD right of way; Office Hours. 5.40 DS Reviewed correspondence and original FIU Agreement. Left voicemail for City re: FIU amendment. 0.20 JAC Telephone conference with managers and clerk regarding advisory boards; prepare notated ordinance for use for commission discussion regarding same; Correspondence with attorneys for Isram Riverwalk; follow up with Mike Rumpf and E. Breese re: same; review project documents; review regarding bid protest/Poseidon; Review status of legislative bills and related issues affecting municipalities 5.20 SHB Various correspondence and discussions with Rumpf re: reasonable accommodation matters. 0.60 04/13/2021 HN Review of IAFF agreement with the City. Edits to Agreement, added notice provision, added statutory requirements regarding public records, scrutinized companies and e-verfiy. 1.50 QEM Finalize FPL correspondence re: hazardous waste spill and have same transmitted to staff; respond to inquiry from staff. 0.80 DS Discussed FIU Amendment with D.S. Revised FIU Amendment. Drafted email re: FIU Agreement. Drafted email to L.S. re: insurance requirements. Reviewed E -Verify Questions. Reviewed Section 448.095, Florida Statutes. Reviewed 2021 legislative amendments for 448.095, f.s. Drafted email response re: EVerify. 1.10 SMS Draft Business Incubator Lease Agreement draft template; Correspondences related to government owned property; Review MOU with Mosaic 0.60 JAC Review agenda items; miscellaneous calls in office administration issues regarding Covid in the workplace; review and research available options regarding obstruction of overpass by protesters; discuss options with assistant city attorneys; review issues regarding Florida power and light contamination; review FIU strategic planning agreement status; discuss pending issues with assistant city attorney DS regarding refusal to hook up the sewer system; Review correspondence and status of opioid litigation issues; discuss same with assistant city attorney's and review other municipality responses 4.30 04/14/2021 DS Researched E -Verify. Reviewed House and Senate legislative analysis re: E -Verify. Drafted subcontractor everify affidavit. Discussed E -Verify and art agreements with City. Reviewed correspondence from 806 Bamboo. 3.00 HN Edits to IAFF contract and email to JAC with draft agreement. Review of Mike Rumpfs additions and edits to code. Review of Ed Breese's prior comments and revise to confirm that every comment was addressed in changes. Email to Mike Rumpf and Adam Temple as to school sponsorship signs. 3.30 QEM Review of FPL matter and follow-up with staff re: report. 0.40 JAC Review, modify and approve agenda items; calls with Lynn Swanson regarding requested revisions and additional back up on contract extensions and piggybacking of other municipal contracts; review draft letter concerning sewer and septic tank issues on bamboo Lane;Additional review in preparation for Riverwalk agenda item; E mail with Michael Weiner regarding same 4.40 Page 40 of 269 Page: 4 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 35783 General Matters SHB 04/15/2021 HN DS QEM GB JAC SHB 04/16/2021 QEM QEM DS HN GB JAC Follow up re: e -verify contract matters. On site. Review of emails from Mike Rumpf regarding school sponsorship signs. Email to Tammy Stanzione. Spoke with Vestiguerne Pierre re: resident with hens and ducks who has a dr note stating that they are his emotional support animals. Phone call to Tanya Guim. Research related to emotional support hens and ducks. Reviewed art loan agreements. Reviewed call to artists. Researched florida statutes, copyright act, bailment, and consignment re: art on loan agreements. Revised a love serving autism insurance provisions. Drafted email re: a love serving autism. Revised Baral Group Agreement. Drafted email re: Baral Group. Revised Hurricane commissary agreement. Drafted email re: Hurricane commissary agreement. Drafted email re: term of a love serving autism. Discussed a love serving autism with Parks. Revised a love serving autism agreement. Researched photo consent forms. Review and evaluation of correspondence re: Response to Poseidon Letter; review of City's procurement policy. Emails with JAC regarding waiver for MLK art show. Emails with City regarding MLK Art Show participants. Reviewed Agreement, release and postcard. Began making edits to release. Review and assist in preparation for response to Poseidon bid protest; review website accessibility issues post Winn-Dixie case review; review code enforcement emotional support animal issue and discuss with Heather Needelman; review MLK art poster issues; miscellaneous calls regarding Sargent Turco disciplinary issue and pre -determination prep; review Casa Del Mar FPL underground issue for discussion with Michael Rumpf; continue prep for garden commission review of unity of control document for Riverwalk; review published agenda and review notes from previous city commission meeting; preparation regarding attorney general correspondence and opioid litigation settlement options; Discuss Laurore and chronic nuisance matters with HN. Review of status of FPL PCB correspondence; follow-up with staff re: matter. Finalize review of City Procurement Policy in light of bid protest by Poseidon. Reviewed and analyzed Sections 656.501-656.506 regarding art consignment. Reviewed and analyzed art consignment agreements. Discussed sale of art with City. Researched taking photos of children. Reviewed and analyzed section 540.08, florida statutes. Discussed insurance provisions in agreements and insurance in general with Risk. Discussed photo's of children and Park's Agreements with Parks. Email exchange with JAC re: IAFF contract. Research relating to emotional support animals and livestock. Review of Lee County's motion to dismiss discrimination complaint re: Emotional support animals and livestock. Discussion with Vestiguerne Pierre. Drafting letter to Patrick Griffin. Telephone conference call with City regarding MLK Showcase. Legal research regarding using photographs of artists. Drafted waiver and releases for adults and minors participating in the Showcase. Email to City attaching draft waivers. Review Trainnovation matter; review FEMA correspondence and flood hazard issues for discussion with staff; calls and prep for reallocation of office appointments related to COVID-19; review IAFF - peer training issue and document;Review reversionary clause and development/site plan and master plan related issues; discuss with attorneys; research same HOURS 0.30 3.00 3.70 1.50 0.70 3.60 0.30 0.60 0.80 3.40 2.50 2.10 3.50 Page 41 of 269 Page: 5 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 35783 General Matters �� 04/19/2021 DS Reviewed and revised A Love Serving Autism Agreement. Discussed Facility use Agreements with Parks. Drafted email re: instructor agreement. 1.50 GB Emails with JAC regarding City's inquiry about "designer" crosswalks. Legal research regarding "designer" crosswalks. Email to City regarding matter. 2.10 HN Telephone conference call with City regarding industry standards for crosswalk. 1.50 QEM Review of email from FPL re: contamination; provide information to staff. 0.20 HN Emailed Vestiguerne Pierre livestock letter. Left voice message for Pierre. 0.30 DS Email exchanges with Adam Temple and Mike Rumpf re: sign code ordinance. 0.40 JAC Prep with city staff regarding commission agenda issues; call with attorney Kosciusko regarding code lien issues; 1.30 SMS Call and review of 99 year lease for Church Property and survey review. 0.70 04/20/2021 GB Emails with City regarding location of proposed pride crosswalk. Legal research MUTCD and implication of not complying with industry standard. Email to City regarding research. Legal research regarding electronic signatures for waivers. Email to City regarding legal research. 2.10 HN Review of all of Ed Breese's comments and confirmation that they are addressed in draft ordinance. Email of most recent draft to Mike Rumpf, Adam Temple and Ed Breese. 1.20 QEM Review of email correspondence re: FPL site contamination report. 0.30 DS Discussed art loan agreements with J.A.C. Reviewed and revised Future 6 Agreement. 0.50 JAC Prepare for, attend, and follow up on city commission meeting and agenda related issues;Online case and related research concerning settlement proposal on opioid litigation national class action lawsuit; 6.80 SMS Correspondences, call, and review related to Church property lease 0.40 SHB Office hours at City Hall. prepare and send memo re: House Bill 1. Research re: right of way, sidewalk, etc. as applied to HB 1, follow up with JAC. 3.00 04/21/2021 QEM Review of file correspondence re: Suga Development and Jody Denahan matter; discuss with Suga Development new counsel. 1.20 GB Telephone conference call with City regarding subpoenas and HIPAA. Legal research regarding confidential personal information of public employees. 0.60 DS Reviewed and revised art loan agreement. Drafted email re: art loan agreements and statutory language. Reviewed and revised Future 6 Agreement. Reviewed correspondence re: addendum to contractual instructor agreement. Reviewed contractual instructor agreement. 2.40 SHB Office hours at City Hall. Review and sign cemetery agreements. Telephone conference with Daysi re: contract matters. Discuss FAU and FIU agreements with Scott. Follow up with SS and Matos re: Oceanfront Park easement. Review bid item. 4.00 HN Discussion with Vestiguerne Pierre regarding drafted letter to resident claiming that he needs to keep ducks and hens on property because they are his emotional support animals. 0.10 Page 42 of 269 Page: 6 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 35783 General Matters JAC Commission meeting follow up; review and approve Andrew Mack appointment letter; review artist agreement; review and research regarding pride crosswalk liability issues; follow up regarding Sargent Turco retirement notice, emails with union attorney; Review assistant City Attorney assignments; discuss Palmer Road issue with MC; follow up regarding canal special assessment issue; Review status of pending Florida legislative session and bills affecting municipal operations and fiscal issues; Preparation regarding annual City Attorney's budget; evaluate reallocations SMS Correspondences and review related to Oceanfront Park Easement 04/22/2021 DS Reviewed and analyzed section 943.0438 and ch. 435, F.S. Reviewed and revised Future 6 Helping Hand Agreement. Drafted email re: Future 6 Helping Hand Agreement. Reviewed GovConnection Purchase order. Reviewed GovConnection Terms and Conditions. Drafted addendum to GovConnection Terms and Conditions. Reviewed FIU's requested changes to grant agreement. Finalized FIU Agreement. Drafted email re: FIU revisions to grant agreement. HN On site office hours. Review and approval of agreements. Preparation for phone conference with Mike Rumpf and Adam Temple for scheduled conference call. Research related to inputting anti -hate language in sign code pursuant to Mike Rumpf's email and email discussion with JAC. JAC On-site office administration; review pending staff requests with Lynn Swanson; reallocate assignments to assistant CityAttorney's; additional follow up regarding Turco retirement and cancellation of pre -determination conference; Follow up regarding Boat club Park ramp construction and protest; SMS Call with ACM to discuss revisions on Easement with County for Oceanfront Park; Correspondences on Oceanfront Park. 04/23/2021 GB Email to City regarding disclaim for MLK showcase. Telephone conference call with City regarding MLK disclaimers. Drafted a signature disclaimer and emailed to City. HN Review of Mike Rumpf's email regarding deadlines relating to sign code ordinance. QEM Review and evaluation of documents re: Poseidon bid protest; telephone conference with Ms. Pinto. DS Revised addendum for govconnection. Reviewed instructor agreement and addendum. Discussed Future 6 Facility Use Agreement and GovConnection with Risk. Discussed standard insurance contract language with Risk. QEM Review and evaluation of Greykey documents provided by staff in light of pending MOU with Delray Beach. MDC Review materials; attend office hours (code inquiry, water utility adjustment inquiry). SMS Review of deficiency report and related materials and correspondences. 04/26/2021 DS Reviewed Future 6 Agreement. Discussed Future 6 and Instructor Agreement with Parks. Drafted email re: Future 6 Agreement. Reviewed and revised GovConenctions Addendum. Drafted email to Risk re: GovConnections. Discussed professional tennis court services COI with Risk. Drafted email re: professional tennis court services agreement. Reviewed proposed edits to FIU Agreement. Drafted email re: FIU Agreement. Discussed FIU Agreement with City. Revised FIU Agreement. �� 5.60 0.30 1.60 3.20 3.00 0.30 0.70 0.10 2.80 1.70 1.60 1.40 0.70 1.90 Page 43 of 269 Page: 7 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 35783 General Matters 04/27/2021 SHB Office hours at City Hall. Review and approve agenda items. Review and sign employment letter. Attend meeting re: GIS matters. Review inquiry re: arts & cultural center fees. 6.50 DS Reviewed and analyzed City's Code of Ordinances re: recreation and signing agreements. Reviewed and revised instructor agreement and agent addendum. Reviewed past executed instructor agreement. 2.70 QEM Review of email from Ms. LaVerriere; Dictate draft correspondence to Poseidon re: bid protest. 0.80 SMS Review of updated Title Report and related correspondences 0.30 04/28/2021 SHB Review additional agenda items. Follow up with City re: coordinating joint sunshine law training for City Boards. Office hours at City Hall. Research re: HOURS QEM Prepare correspondence to City Manager re: Protest - Oyer Park Boat Ramp Improvement Project; telephone conference with Ms. Pinto re: 5.80 QEM matter. 1.70 SMS Correspondences related to Deficiency Report; Meeting to discuss deficiency and title report; Review of title report for Eco Park; Correspondences with Title Examiner related to revisions to Title Report. 5.00 SHB Discuss various pending matters with Swanson. Follow up re: board training 1.30 QEM and ESRI development matters. 0.40 JAC Review matters regarding interlocal agreement with Journey Church; parks issue; sunshine refresher training for boards; assignment of agenda review 2.30 MDC issues with assistant CityAttorneys 1.20 04/27/2021 SHB Office hours at City Hall. Review and approve agenda items. Review and sign employment letter. Attend meeting re: GIS matters. Review inquiry re: arts & cultural center fees. 6.50 DS Reviewed and analyzed City's Code of Ordinances re: recreation and signing agreements. Reviewed and revised instructor agreement and agent addendum. Reviewed past executed instructor agreement. 2.70 QEM Review of email from Ms. LaVerriere; Dictate draft correspondence to Poseidon re: bid protest. 0.80 SMS Review of updated Title Report and related correspondences 0.30 04/28/2021 SHB Review additional agenda items. Follow up with City re: coordinating joint 04/29/2021 DS sunshine law training for City Boards. Office hours at City Hall. Research re: owner -builder matters; various correspondence with City, return call to applicant. Discuss PRR matters with Slater. 5.80 QEM Finalize Poseidon bid protest correspondence. 1.50 DS Reviewed and revised instructor agreement and addendum. Discussed Tennis Court Services Agreement and Instructor Agreement with City. Reviewed City Code re: Library Board. Reviewed Library Board Agenda. 1.60 QEM Attended Library Board Meeting. 1.30 QEM Review of request from Suga Development re: payoff. 0.80 JAC Participate in and follow up research regarding state wide settlement of opioid litigation and funds available to municipalities; agenda preparation; 2.30 MDC office administration matters; recheck assignments to assistant City Attorney's and audit communications; review inquiry regarding LLC 0.80 application for building permits; discuss FPL transformer contamination issue; Calls regarding library board meeting and need for City Attorney attendance. 4.00 04/29/2021 DS Drafted email re: Library Board. Reviewed City's Code of Ordinances re: Library Board. Reviewed town of wellington tennis court services agreement. Discussed tennis services agreement and GovConnections Addendum. Revised addendum to GovConnections. Discussed Library Board Meeting and Agent Addendum with J.A.C. Drafted email re: Instructor Agreement and Agent Addendum. Drafted email re: GovConnections Addendum. 1.60 QEM Preparation of draft ILA with Delray Beach for use and payment of GrayKey. 4.40 JAC Final agenda review in preparation for commission meeting; review pending staff requests;Review Taser contract; review employment agreement/promotion of building official; review Journey Church matter 2.30 MDC Phone conference with Gal Betesh, Jim Cherof to review status of pending litigation. 0.80 Page 44 of 269 Page: 8 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 35783 General Matters SMS Review and correspondences related to Oceanfront Park Agreement; Review/research of MOU with Leisureville related to Lien reimbursement and related correspondences. SHB Receive and review additional agenda item backup and contracts; follow up with Swanson and PD. Review code documents re: property registration lien; follow up with Swanson. Various research, discussion, and correspondence re: LLC owner -builder matters. 04/30/2021 QEM Finalize Delray ILA for GrayKey; review and evaluation of GrayKey procurement documents and NDA. DS Researched sunshine law. QEM Follow-up on status of payoff for 130 SE 14th Avenue lien with staff and old republic. SMS Correspondences with the County on Oceanfront Park MDC Attend office hours at City Hall (review water utility credit information, budget calendar, approve documents per JAC). SHB Discuss owner -builder matters with JAC and Kuntzman. Additional research; follow up with Ron Brilliant. Complete research re: arts and cultural center and fee assessments; follow up with Matos. Review LEX MOU and follow up with Swanson. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 3.50 4.00 2.20 0.20 0.40 0.20 1.50 3.00 229.00 18,385.92 18,385.92 $18,385.92 Page 45 of 269 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 05/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9904950 Boynton Beach FL 33435 STATEMENT NO: 35784 Attn: Lynn Swanson Litigation Miscellaneous 04/19/2021 SHB Various correspondence with Cafaro re: general RPO and firearm release procedures. 0.10 04/22/2021 BJS Draft follow up correspondence to JAC re: pending matters and return of firearms 0.30 04/23/2021 HN Review of demolition letter of 1101 N federal highway. Email to JAC cc Lynn Swanson with draft. 0.20 04/26/2021 HN Review of email from John Kuntzman regarding demolition of 1101 N. Federal Highway. Email to JAC cc Lynn Swanson. Phone discussion with John Kuntzman. Phone discussion with Lynn Swanson regarding 1101 N. Federal Highway demolition. Email to John Kuntzman regarding providing notice before demolishing subject property. Review of email from John. 0.70 04/28/2021 BJS Prepare for and attend hearing re: Return of Firearm/Saget 1.50 04/29/2021 GB Telephone conference call with City regarding letter of preservation for alleged slip and fall. 0.30 JAC Conference with litigation team to review pending tort defense cases; follow up review of pleadings and related cases 2.00 04/30/2021 JAC Review pending toward defense cases, foreclosure cases, forfeiture cases. 2.20 Page 46 of 269 HOURS 04/01/2021 BJS Review correspondence and follow up re: Dumas Settlement 0.30 SHB Discuss RPO extension matters with Lagor. 0.10 04/07/2021 GB Reviewed crash report and first report of loss or claim for Christina Joi. 0.20 MDC Meeting with GB and JAC to discuss pending litigation matters. 0.50 BJS Review correspondence and follow up re: Clarens Saget/Return of Property 0.30 04/08/2021 BJS Review and follow up re: Return of Property re: Clarens 0.50 04/12/2021 JAC Pleading in case status review of pending toured and foreclosure litigation; review status of EEOC investigation 2.30 BJS Review docket and draft follow up correspondence re: Return of Fi rearm/Saget 0.30 04/15/2021 JAC Review RLO chart and status of cases; miscellaneous pleading and correspondence audit 0.80 04/19/2021 SHB Various correspondence with Cafaro re: general RPO and firearm release procedures. 0.10 04/22/2021 BJS Draft follow up correspondence to JAC re: pending matters and return of firearms 0.30 04/23/2021 HN Review of demolition letter of 1101 N federal highway. Email to JAC cc Lynn Swanson with draft. 0.20 04/26/2021 HN Review of email from John Kuntzman regarding demolition of 1101 N. Federal Highway. Email to JAC cc Lynn Swanson. Phone discussion with John Kuntzman. Phone discussion with Lynn Swanson regarding 1101 N. Federal Highway demolition. Email to John Kuntzman regarding providing notice before demolishing subject property. Review of email from John. 0.70 04/28/2021 BJS Prepare for and attend hearing re: Return of Firearm/Saget 1.50 04/29/2021 GB Telephone conference call with City regarding letter of preservation for alleged slip and fall. 0.30 JAC Conference with litigation team to review pending tort defense cases; follow up review of pleadings and related cases 2.00 04/30/2021 JAC Review pending toward defense cases, foreclosure cases, forfeiture cases. 2.20 Page 46 of 269 Page: 2 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9904950 STATEMENT NO: 35784 Litigation Miscellaneous FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF MICHAEL D. CIRULLO HEATHER NEEDELMAN GAL BETESH SHANA H. BRIDGEMAN BRIAN J. SHERMAN RECAPITULATION HOURS 12.60 HOURS HOURLY RATE TOTAL 7.30 $205.00 $1,496.50 0.50 205.00 102.50 0.90 205.00 184.50 0.50 205.00 102.50 0.20 205.00 41.00 3.20 205.00 656.00 Photocopies TOTAL EXPENSES THRU 04/30/2021 TOTAL CURRENT WORK BALANCE DUE 2,583.00 2.10 2.10 2,585.10 $2,585.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 47 of 269 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 04/09/2021 RLL Review Notices of Completion for police station and city hall/library as signed by CFP Boynton Beach Town Square LLC. DJD Address Notice of Completion. 04/13/2021 JAC Review issues and documents regarding certificates of completion; discussed with DJD; DJD Review existing documents. ACCOUNT NO STATEMENT NO 04/14/2021 DJD Review documents. 04/15/2021 DJD Participate in conference call; review Tax Increment Revenue Generation Worksheet; review comments from Amanda Radigan. 04/19/2021 RLL Prepare recording of two notices of completion in public records 04/21/2021 DJD Participation in conference call. 04/27/2021 RLL Review Certificates of Notices of Substantial Completion from E21- and Resolutions approving same. DJD Address Notice of Substantial Completion. 04/28/2021 DJD Participate in conference call. 04/29/2021 DJD Review response from Eastwind. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.40 $205.00 D.J. DOODY 7.80 205.00 RACHEL L LEACH 1.20 125.00 Photocopies TOTAL EXPENSES THRU 04/30/2021 Page: 1 05/04/2021 306-9905263 35785 HOURS 0.30 0.40 0.40 0.70 1.60 2.20 0.40 0.60 0.50 0.80 1.00 0.50 9.40 1,831.00 TOTAL $82.00 1,599.00 150.00 11.20 11.20 Page 48 of 269 CITY OF BOYNTON BEACH Town Square Development Page: 2 05/04/2021 ACCOUNT NO: 306-9905263 STATEMENT NO: 35785 04/23/2021 Simplifile - Record 2 Notices of Compliance 87.20 87.20 TOTAL ADVANCES THRU 04/30/2021 87.20 TOTAL CURRENT WORK 1,929.40 BALANCE DUE $1,929.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 49 of 269 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. Po Ying Sem, Trustee of the Po Ying Sem Trust (Stanley, Edmund) HOURS 04/14/2021 HN Preparation for hearing on 4/19. Review of complaint, answer and the Judge's order relating to lack of prosecution. Email to SHB. 0.50 04/19/2021 HN Review of SHB email relating to hearing this afternoon. Preparation and attendance of hearing. 0.80 FOR CURRENT SERVICES RENDERED 1.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 1.30 $205.00 $266.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 05/04/2021 306-9905279 35786 266.50 266.50 $266.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 50 of 269 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 Colonial Estates Utility System 04/09/2021 JAC Review status of transaction with colonial Estates regarding utilities system acquisition FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905307 35787 HOURS 0.80 0.80 164.00 TOTAL $164.00 164.00 $164.00 Page 51 of 269 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. Federal National Morgage Assoc. (Cleveland, Darren E., et., al.) 04/22/2021 SHB Receive and review order re: appellate briefs. Review appellate docket re: status of case and City's involvement. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905313 35788 HOURS 0.40 0.40 82.00 TOTAL $82.00 82.00 $82.00 Page 52 of 269 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. The Bank of NY Mellon Trust Co., et., al. (Naurelus, Iglad, et., al.) 04/23/2021 SHB Receive and review Final Judgment of Foreclosure. Calendar follow-up re: sale date. 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 05/04/2021 306-9905322 35789 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 53 of 269 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Sale to JKM BTS North, LLC 04/01/2021 RLL Prepare list of documents recorded against property. FOR CURRENT SERVICES RENDERED TIMEKEEPER RACHEL L LEACH TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.50 0.50 RECAPITULATION HOURS HOURLY RATE TOTAL 0.50 $125.00 $62.50 Page: 1 05/04/2021 306-9905348 35790 62.50 62.50 $62.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 54 of 269 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Sale to JKM BTS Central, LLC 04/01/2021 RLL Prepare list of documents recorded against property. FOR CURRENT SERVICES RENDERED TIMEKEEPER RACHEL L LEACH TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.50 0.50 RECAPITULATION HOURS HOURLY RATE TOTAL 0.50 $125.00 $62.50 Page: 1 05/04/2021 306-9905349 35791 62.50 62.50 $62.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 55 of 269 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Sale to JKM BTS South, LLC 04/01/2021 RLL Prepare list of documents recorded against property. FOR CURRENT SERVICES RENDERED TIMEKEEPER RACHEL L LEACH TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.50 0.50 RECAPITULATION HOURS HOURLY RATE TOTAL 0.50 $125.00 $62.50 Page: 1 05/04/2021 306-9905350 35792 62.50 62.50 $62.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 56 of 269 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. Parrish, Jerry Lee, et., al. (The Bank of NY Mellon) 04/15/2021 SHB Receive and review correspondence re: hearing on motion to strike; review motion and case pleadings. Follow up with Colbath re: hearing. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905383 35793 HOURS 0.60 0.60 123.00 TOTAL $123.00 123.00 $123.00 Page 57 of 269 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. Bueno, Miguel Alonso (Petition for Firearms) 04/20/2021 SHB Follow up with LAgor re: expiration and extension of RPO. 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 05/04/2021 306-9905398 35794 20.50 20.50 $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 58 of 269 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 Mata Chorwadi Inc - Homing Inn Circuit Ct App Shah, Kirit and Dipka ACCOUNT NO STATEMENT NO 04/29/2021 MDC Review status of appendix, begin review of cases cited in appeal. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 0.40 $205.00 TOTAL CURRENT WORK BALANCE DUE TOTAL $82.00 Page: 1 05/04/2021 306-9905407 35795 82.00 82.00 $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 59 of 269 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 05/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905432 Boynton Beach FL 33435 STATEMENT NO: 35796 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) L�� 04/01/2021 HN Research of cases involving city making statements or representations relating t code compliance and how that may affect City's motion for summary judgment through an estoppel argument. Review of Winter Haven case. Review of City code of ordinances regarding lien reduction. Re -review of email sent from Daniel Rose. 1.80 04/02/2021 HN Response email to Daniel Rose. 0.10 04/08/2021 HN Review of the Winter Park case, review of emails from Daniel Rose regarding rehab work to property and email to JAC re: proceeding with foreclosure cc SHB. 0.50 04/14/2021 HN Review of local rule 4, judge's instructions, and prepared for local rule 4 conference call with Daniel Rose tomorrow. 0.30 04/15/2021 HN Phone conference with Daniel Rose. Phone discussion with JAC and SHB. Review of email from Daniel Rose to DJD cc JAC. 1.00 04/19/2021 HN Email to JAC about setting hearing on Motion for Summary Judgement and Default Final Judgment. 0.10 04/23/2021 HN Email exchanges related to scheduling hearing on Motion for Summary Judgment with opposing counsel. Discussion with JAC. 0.30 04/26/2021 HN email exchange with JAC re: setting hearing. Discussion with DJD in preparation for call with opposing counsel on Thursday. Email to DJD. 0.50 04/29/2021 DJD Telephone conference call with David Rose. 0.40 FOR CURRENT SERVICES RENDERED 5.00 1,025.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. DOODY 0.40 $205.00 $82.00 HEATHER NEEDELMAN 4.60 205.00 943.00 TOTAL CURRENT WORK 1,025.00 BALANCE DUE $1,025.00 Page 60 of 269 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) ACCOUNT NO STATEMENT NO 04/05/2021 HN Provided status of pending foreclosure to Lynn Swanson. Email exchange with Lynn. Review of Ho v. Fountains Condo recent case before the 4th DCA. FOR CURRENT SERVICES RENDERED TIMEKEEPER HEATHER NEEDELMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905433 35797 HOURS 0.40 0.40 82.00 TOTAL $82.00 82.00 $82.00 Page 61 of 269 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Go, Jeanne and Ka Hock (Code/Foreclosure) L�� 04/01/2021 HN Review of title commitment and started drafting letter to bank who holds mortgage per discussion with Adam Temple. 0.60 04/06/2021 HN Review of pacer re: bankruptcy case and email exchange with JAC. 0.20 HN edit to letter to bank. 0.10 04/08/2021 HN Email to Adam Temple with draft letter to the bank. Email exchange with Adam Temple based on his review and with Tanya Guim. 0.20 FOR CURRENT SERVICES RENDERED 1.10 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 1.10 $205.00 $225.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 05/04/2021 306-9905435 35798 225.50 $225.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 62 of 269 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 04/29/2021 GB Telephone conference call with JAC, MDC and IVR regarding case status FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 HOURS 0.20 0.20 TOTAL $41.00 Page: 1 05/04/2021 306-9905456 35799 41.00 41.00 $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 63 of 269 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. US Bank National (Norfus, Ricky 2020) ACCOUNT NO STATEMENT NO 04/21/2021 SHB Receive and review final order closing case; prepare and send memo to City re: status of case and City's lien. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.40 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905466 35800 HOURS 0.40 0.40 82.00 TOTAL $82.00 82.00 $82.00 Page 64 of 269 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 Bamboo/Palmer Special Assessment 04/23/2021 DS Reviewed correspondence for 816 Bamboo. Drafted email re: 816 Bamboo. Drafted email re: water service agreement. Reviewed 815 Palmer executed agreement. Researched notary and power of attorney requirements. Reviewed City Code re: sewer connections. Drafted draft email re: 816 Bamboo re: time to connect. 1.30 04/26/2021 DS Reviewed correspondence from 816 Bamboo. Reviewed and analyzed notary requirements and Ch. 709, Florida Statutes. Drafted email re: notary block for 815 Palmer. Reviewed correspondence re: 806 Bamboo. Discussed 806 bamboo, 813 Bamboo, and 3705 N Fed Hwy with City. 1.00 04/27/2021 DS Discussed nigel development sewer connection with City. 0.10 04/29/2021 DS Reviewed 816 water service agreement. Reviewed current status of Page: 1 05/04/2021 306-9905495 35801 Page 65 of 269 HOURS 04/01/2021 DS Reviewed email re: final letter notices and status. Removed watermark from Bamboo/Palmer final notice letters. 0.20 04/12/2021 DS Reviewed correspondence re: 816 Bamboo. Reviewed Ch. 26 of City's Code and section 381.00655, florida statutes. Discussed status of letters sent by certified mail with Utilities. Drafted email response for 816 Bamboo. 1.40 04/13/2021 DS Drafted email to City re: notice letters. Discussed response to 816 Bamboo with J.A.C. Revised email response. 1.10 04/14/2021 DS Drafted revised email response. 0.40 04/15/2021 DS Drafted email re: 806 Bamboo. 0.10 04/16/2021 DS Discussed 806 Bamboo with J.A.C. 0.10 04/19/2021 DS Reviewed email re: 806 Bamboo. 0.10 04/20/2021 DS Reviewed file information re: 806 Bamboo. Left voice mail for Gulfstream Soleil Holdings LLC. Discussed 806 Bamboo with Gulfstream Holdings. Drafted email to City re: 806 Bamboo, 816 Bamboo, and Federal Highway Property. Reviewed City's correspondence re: status of non compliant properties. 1.50 04/22/2021 DS Reviewed Bamboo/Palmer correspondence. Discussed Bamboo/Palmer with City. Drafted email to 806 Bamboo. 0.70 04/23/2021 DS Reviewed correspondence for 816 Bamboo. Drafted email re: 816 Bamboo. Drafted email re: water service agreement. Reviewed 815 Palmer executed agreement. Researched notary and power of attorney requirements. Reviewed City Code re: sewer connections. Drafted draft email re: 816 Bamboo re: time to connect. 1.30 04/26/2021 DS Reviewed correspondence from 816 Bamboo. Reviewed and analyzed notary requirements and Ch. 709, Florida Statutes. Drafted email re: notary block for 815 Palmer. Reviewed correspondence re: 806 Bamboo. Discussed 806 bamboo, 813 Bamboo, and 3705 N Fed Hwy with City. 1.00 04/27/2021 DS Discussed nigel development sewer connection with City. 0.10 04/29/2021 DS Reviewed 816 water service agreement. Reviewed current status of Page: 1 05/04/2021 306-9905495 35801 Page 65 of 269 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Bamboo/Palmer Special Assessment properties. Discussed 806 and 816 Bamboo, and 3705 N Fed Hwy with J.A.C. Drafted email re: coordinating team call. 04/30/2021 DS Reviewed and analyzed ch. 171 re: annexation. Reviewed and analyzed County annexation materials. Researched City's duty to provide service in service area. Researched mandamus and injunctions. Reviewed interlocal agreements between City and County re: water service. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE DANIELLE SCHWABE 11.80 $205.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.60 3.20 11.80 TOTAL $2,419.00 Page: 2 05/04/2021 306-9905495 35801 2,419.00 $2,419.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 66 of 269 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. Clemons, Latosha (EEOC Charge) 04/14/2021 JAC Discussion with LS regarding acceptance of service; preliminary review of complaint FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905524 35802 HOURS 0.40 0.40 82.00 TOTAL $82.00 82.00 $82.00 Page 67 of 269 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) ACCOUNT NO STATEMENT NO 04/01/2021 IR Reviewed Order Setting Non -Jury Trial and Directing Pretrial and Mediation Procedures, entered by Judge Gregory M. Keyser, Division "AA" for the trial period commencing June 21, 2021 through July 30, 2021 and E -Calendar Call of June 11, 2021; preparation of updated City of Boynton Beach's Trial Outline, delineating specific court ordered deadlines in the lead up to trial; preparation of corresponding ticklers for trial deadlines, as well as include said deadlines in paralegal tracking; 04/02/2021 DJD Compile and identify documents related to Town Square. 04/05/2021 GB Put together and emailed documents to attorney O'Connor consisting of all filings in this matter and documents produced by parties. Telephone conference call with JAC regarding JKM's responses to allegations. Updated allegations/response chart and emailed to JAC for review. 04/06/2021 GB Read letter from Tom Baird regarding assessment. Conversation with JAC regarding letter. Research regarding discussions allowed during closed door sessions. Prepared for closed door session. DJD Review proposal from Eastwind Development. JAC Prepare for, attend, and follow up and closed door session with the commission regarding litigation strategy 04/07/2021 GB Reviewed file and drafted witness and exhibit list. Zoom conference call with City, JAC and DJD regarding case status. Meeting with JAC and DJD regarding closed door. Meeting with JAC regarding witnesses. Email to City regarding witnesses. DJD Conference with JAC; participate in conference call; review proposal. JAC Weekly status conference; discussion regarding JKM and Eastwind settlement proposal; 04/08/2021 GB Telephone conference call with JAC regarding depositions and witnesses. Reviewed file for witness and exhibit list. Emails with Clty regarding upcoming trial. 04/09/2021 GB Telephone conference call with JAC and MDC regarding witness list, exhibit list, and deposition. Emails with attorney O'connor regarding witness and exhibit list. Reviewed file and discovery responses for witness and exhibit list. Email to JAC MDC and SMS attaching witness and exhibit list for review. SMS Review/discuss exhibit/witness list. MDC Review Trial Order and conference call with JAC and GB on witness list, Page: 1 05/04/2021 306-9905525 35803 HOURS 1.90 0.80 1.30 0.50 0.40 2.80 2.10 1.00 1.30 1.50 4.50 0.40 Page 68 of 269 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO: v. JKM BTS CAPITAL, LLC (Declaratory Action) HOURS document disclosures, and formatting required documents per Trial Order. 1.10 JAC Preparation regarding witness and exhibit list disclosure; miscellaneous correspondence and calls regarding extension of disclosure deadlines; follow up regarding settlement offer 1.20 04/12/2021 GB Telephone conference call with JAC regarding witnesses. Telephone conference call with attorney O'Connor regarding strategy. Prepared for call with O'Connor by going over discovery and possible depositions and experts. 2.30 IR Receipt and review of the Court's Order Granting the City of Boynton Beach's Objection to subpoena Adam Freedman, entered on April 8, 2021; receipt and review of email exchanges between litigation team and potential fact witnesses, for discovery and trial purposes; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, for contact and other information; receipt and review of emails from GB, regarding discovery and trial projects in advance of trial; 1.60 JAC Discussions, emails, preparation regarding extension of witness and document disclosures; Preparation with DJD regarding settlement offer 1.10 04/13/2021 GB Drafted request for admissions. Drafted request for production. Annotated witness list. Meeting with City regarding condition precedents and witnesses. Email to co counsel regarding meeting with City and draft discovery. Telephone conference call with Neal Flesner regarding his role. Telephone conference call with JAC regarding update. Conference call with Chris Ware regarding involvement. Telephone conference call with E2L regarding trial. 5.10 IR Receipt and review of the parties' Joint Motion for Extension of Time to Extend Certain Pretrial Deadlines, from April 12, 2021, until April 26, 2021; preparation of updates to the Trial Order Outline; prepared updates to Outlook and ticklers, up through the requested deadline; prepared tickler to receive the court's ruling on the Joint Motion; 0.70 JAC Preparation for conference regarding settlement offer in response there are two; review with GB on witness preparation; discussed miscellaneous litigation issues with MC regarding preservation of records 2.00 04/14/2021 GB Meeting with City regarding matter update. Meeting and JAC and MDC regarding discovery and development agreement. Reviewed edits to request for production by attorney O'Connor and email to counsel of record regarding discovery. Telephone conference call with JAC regarding settlement. Emails with all counsel fo record regarding status update. 1.60 IR Receipt and review of email from Palm Beach court online docket clerk, enclosing the Court's Agreed Order Granting Joint Motion to Extend Certain Pretrial Deadlines, for parties to file fact and expert witness disclosures and trial exhibits list by April 27, 2021 and rebuttals due by May 11, 2021; preparation of updates to the City of Boynton Beach's Trial Order Outline trial cut-off chart and emailed to litigation team; receipt and review of email from GB, regarding discovery directives; reviewed file for Trial Witness and Subpoena Duces Tecum tracking chart, for witness information; 0.80 JAC Conference call regarding status of litigation and response to settlement proposal; call with GB andMC regarding development agreement provisions and issues regarding trial preparation; research regarding pleading options 2.10 MDC Review status of discovery; contract language; telephone call with JAC and GB. 0.30 Page: 2 05/04/2021 306-9905525 35803 04/15/2021 GB Telephone conference call with Josh Horning from Kimly Horn regarding Page 69 of 269 Page: 3 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 35803 v. JKM BTS CAPITAL, LLC (Declaratory Action) HOURS being a possible witness. Meeting with City, JAC and DJD regarding Eastwind proposal. Emails with counsel record regarding case status meeting. Telephone conference call with JAC and DJD re: strategy moving forward. 2.70 JAC Telephone conference regarding response to JKM settlement proposal; miscellaneous follow up and draft response 2.20 04/16/2021 GB Telephone conference call with attorneys of records regarding strategy and status. Prepared for meeting. 2.60 JAC Attorney conference call regarding status, strategy, options; follow up with GB regarding outline for closed -door; discuss Settlement proposal with LL 2.00 04/19/2021 GB Looked up potential mediators. Email to JAC regarding findings. Edits to requests for admissions. Reviewed trial order and calendar call procedures. Emails with JAC regarding calendar call. Emails with JAC regarding mediators. 0.80 JAC Prepare response to JKM settlement proposal with staff input; discuss settlement options with DJ D and GB 1.70 04/20/2021 GB Email to Joanne O'Connor regarding Haskell. Emails with Haskell regarding trial. Email to co -counsel regarding a calendar call, mediators and revised request for admissions. Edits to requests for admission for admissions pursuant to attorney O'Connor's comments. 0.60 IR Receipt and review of email from GB, regarding research project; responded to GB's email; research for specialty construction mediators and background searches of attorney mediators, regarding same; 1.30 04/21/2021 GB Telephone conference call with City regarding trial. Emails with JAC regarding trial. Zoom meeting with Clty regarding case status. Emails to witnesses regarding trial dates. Telephone conference call with attorney O'Connor and Haskell. 1.50 IR Receipt and review of email from GB, regarding trial project and contacting trial witnesses for availability; preparation of Trial Witness Tracking chart, for use at trial; online research for trial witnesses' respective information, for trial disclosures; preparation of 8 emails to trial witnesses, requesting their availability for July 2021 trial; prepared status email to GB regarding same; 4.70 JAC Prep for witness meeting 1.00 04/22/2021 IR Receipt and review of emails from trial witnesses, to advise of their availability July 19 - 30, 2021; preparation of updates to Trial Witness and Subpoena Duces Tecum tracking chart; 1.20 04/23/2021 GB Telephone conference call with opposing counsel regarding trial order. Telephone conference call with JAC co counsel regarding strategy moving forward. Telephone conference call with attorney OConnor and witnesses regarding trial. Edits to Witness and Exhibit List. Email to attorney O'Connor regarding Defendant's request for admissions to City. 2.40 IR Receipt and review of email from Ms. Radigan with the City of Boynton Beach, regarding her availability for trial in July; preparation of responsive email to Ms. Radigan regarding same; made updates to trial witness tracking chart, for this witness; 0.30 04/26/2021 GB Emails with attorney O'Connor regarding trial witness and exhibit lists. Edits to Exhibit and Witness Lists pursuant to attorney O'Connor's instructions. Reviewed filed for additional documents to add to exhibit list. Telephone Page 70 of 269 CITY OF BOYNTON BEACH v. JKM BTS CAPITAL, LLC (Declaratory Action) Page: 4 05/04/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 35803 conference call with City regarding matter. Telephone conference call with attorney O'Connor regarding witness and exhibit lists. 04/27/2021 GB Emails with attorney O'Connor regarding witness and exhibit list. Emails with attorney O'Connor regarding as builts and Defendant's requests for admissions. Email to the City regarding documents. 04/28/2021 GB Meeting with City, JAC and DJD regarding case status and strategy. Email to opposing counsel regarding settlement. Emails with attorney O'Connor regarding JKM's witness, exhibit list and motion for extension of time. Telephone conference call with JAC regarding settlement. Emails with City regarding settlement proposal. JAC Telephone conference with Team regarding status of settlement proposal and response to successor developer; preparation for close door session and review options for cancellation of same; prepare for update conferences with members of Commission. 04/29/2021 GB Meeting with City and JAC regarding Eastwind responses to City's comments. JAC Conference call with managers regarding settlement proposal; miscellaneous review of same; miscellaneous review of status of discovery and witnesses; Review and cancellation of closed door session; discuss same with Commissioners and email with Mayor 04/30/2021 GB Received and reviewed with opposing counsel regarding mediator. Emails with attorney O'Connor regarding mediation. Emails with mediator's office regarding mediation dates. JAC Follow up call with Commissioner regarding closed door session cancellation; miscellaneous preparation regarding cancellation; prepare for meetings with Commissioners; follow up with GB regarding discovery. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF D.J. DOODY MICHAEL D. CIRULLO SEAN M. SWARTZ GAL BETESH INGRID RIERA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS 26.90 2.20 1.40 0.40 35.30 12.50 HOURLY RATE $205.00 205.00 205.00 205.00 205.00 125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 1.90 0.50 2.20 3.50 0.90 3.20 0.30 2.80 78.70 15,133.50 TOTAL $5,514.50 451.00 287.00 82.00 7,236.50 1,562.50 15,133.50 $15,133.50 Page 71 of 269 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 05/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905528 Boynton Beach FL 33435 STATEMENT NO: 35804 Attn: Lynn Swanson Sara Sims Park Plat - examination of title to approve Plat HOURS 04/20/2021 RLL Review survey on adjacent property; contact title examiner regarding possible ownership interest in portion of underlying property; review location of property on plat. 0.70 04/21/2021 RLL Further work with title examiner to research possible ownership interest in portion of property; telephone call with property appraiser regarding same. 0.50 04/26/2021 JAC Review issues and correspondence regarding underlying land ownership issue with Sara Sims plat 0.70 04/27/2021 RLL Meeting with MDC regarding deed in chain of title to JD Harless; contact title examiner with requests for additional title information. 1.00 MDC Review materials and title report; meet with Rachel Leach on inquiry from Property Appraiser's office and apparent silver titled in Harless name. 0.90 04/28/2021 MDC Review emails and additional materials from title examiner. 0.30 04/30/2021 RLL Review deeds in chain of title to determine how Harless took title to property and how contiguous properties were deeded to the client; telephone call with MDC to discuss title work; telephone call with examiner to discuss how Harless deeded out property. 1.80 MDC Review materials and information from title examiner; conference call with Rachel Leach to review issues with title. 0.80 FOR CURRENT SERVICES RENDERED 6.70 1,053.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.70 $205.00 $143.50 MICHAEL D. CIRULLO 2.00 205.00 410.00 RACHEL L LEACH 4.00 125.00 500.00 Photocopies 18.20 TOTAL EXPENSES THRU 04/30/2021 18.20 TOTAL CURRENT WORK 1,071.70 Page 72 of 269 CITY OF BOYNTON BEACH Sara Sims Park Plat - examination of title to approve Plat BALANCE DUE Page: 2 05/04/2021 ACCOUNT NO: 306-9905528 STATEMENT NO: 35804 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $1,071.70 Page 73 of 269 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. Boynton Leisureville Community (Schmidt, Arthur) 03/05/2021 SHB Review pleadings and Motion for Summary Judgment. Follow up with City re: updated lien amounts. Prepare and file Request for Surplus. 04/22/2021 SHB Receive and review Notice of Sale. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905534 35805 HOURS 1.00 0.30 1.30 266.50 TOTAL $266.50 266.50 $266.50 Page 74 of 269 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 PBA Captains Unit Formation 2021 04/05/2021 JAC Document gathering and review in preparation for PERC Hearing 04/08/2021 JAC Review Mendoza public records request; follow up with staff and reply; miscellaneous preparation for hearing and prehearing stipulation ACCOUNT NO STATEMENT NO HOURS 1.20 1.80 04/09/2021 JAC Conference with witnesses, prep for hearing, prep for document and witness disclosure 3.70 04/13/2021 JAC Continue prehearing stipulation preparation; review of documents for use at hearing; coordinate witness preparation and hearing issues with LS 2.40 04/14/2021 JAC Finalize prehearing statement; review union prehearing statement; prep for witnesses and documents disclosures; follow up research for review by witnesses 2.00 04/15/2021 JAC Continued in preparation for hearing and exhibit list 2.20 04/16/2021 JAC Continued hearing preparation; document review and consolidation for exhibit list and related issues; Correspond with union attorney regarding join exhibits and duplicate exhibits; follow up with City regarding organizational chart 2.80 04/19/2021 JAC Prep with city team; finalize and file exhibit list; continue preparation of trial notebook for witnesses; calls with Julio O. 4.20 04/20/2021 JAC Witness preparation and follow up hearing proof outline update 2.50 04/22/2021 JAC Conference with Chief and Julie Oldberry regarding hearing; Follow up notations to proof outlines; hearing prep; Call with CityManager regarding same 4.50 04/23/2021 JAC Conference call with hearing officer and PBA attorney; follow up calls to city team; continue hearing prep 4.00 SHB Receive and review PERC order re: notice to employees. Telephone conference calls with JAC, Oldbury, and Gregory re: notice to employees. Review and revise correspondence to employees. 2.00 04/26/2021 SHB Prepare and file Notice of City's Service of PERC Form 10, Follow up with Oldbury re: Notice. Transmit copy of Notice to Union attorneys. 0.50 JAC Prepare for, attend, and follow up/day one PERC hearing 7.40 Page: 1 05/04/2021 306-9905542 35806 Page 75 of 269 Page: 2 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9905542 STATEMENT NO: 35806 PBA Captains Unit Formation 2021 HOURS 04/27/2021 JAC Continuation of PERC hearing; follow up with CityManager and chief; outline post hearing process and options 8.80 04/28/2021 JAC Follow up conference with city team; post hearing transcript and outline of exceptions preparation. 1.50 FOR CURRENT SERVICES RENDERED 51.50 10,557.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 49.00 $205.00 $10,045.00 SHANA H. BRIDGEMAN 2.50 205.00 512.50 Photocopies 192.85 TOTAL EXPENSES THRU 04/30/2021 192.85 04/20/2021 Federal Express - Invoice 7-352-63214 38.88 38.88 TOTAL ADVANCES THRU 04/30/2021 38.88 TOTAL CURRENT WORK 10,789.23 BALANCE DUE $10,789.23 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 76 of 269 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 Canal Maintenance Special Assessment 04/09/2021 JAC Follow up regarding implementation of ordinance and rate study FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.50 0.50 RECAPITULATION HOURS HOURLY RATE TOTAL 0.50 $205.00 $102.50 Page: 1 05/04/2021 306-9905552 35807 iiDYAW91 102.50 $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 77 of 269 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 Colonial Estates, Inc./Boynton Beach Agreements ACCOUNT NO STATEMENT NO HOURS 04/02/2021 SMS Review and correspondences related to Asset Purchase Agreement and proceeding with Utility System Purchase. 0.50 04/05/2021 SMS Draft Purchase and Sale Agreement. 0.70 04/06/2021 SMS Revise Asset Purchase Agreement. 0.40 FOR CURRENT SERVICES RENDERED 1.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 1.60 $205.00 $328.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 05/04/2021 306-9905557 35808 328.00 328.00 $328.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 78 of 269 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. Ford, Sharron (negligence arrest) Billing Category 18-RLO Claim #001470000245GB ACCOUNT NO STATEMENT NO 04/06/2021 GB Participated in claim review meeting with City and Tristar. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905029 35886 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 79 of 269 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 05/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905171 Boynton Beach FL 33435 STATEMENT NO: 35887 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470000400P1 HOURS 04/01/2021 JAC Review summary judgment and supporting caselaw; review background on mediator and discuss advancing mediation in conjunction with motion for summary judgment; General case status review 0.80 04/05/2021 GB Reviewed trial order for upcoming due dates. Email to Steven Mayas regarding available mediation dates. 0.20 04/06/2021 GB Participated in claim review meeting with City and Tristar. 0.20 04/07/2021 GB Meeting with JAC and MDC regarding trial, mediation and strategy. Emails with witnesses regarding trial dates. Telephone conference call with witness regarding trial. Reviewed file and began preparing for trial. 1.20 04/08/2021 GB Began preparing notebook for Judge for Motion for Summary Judgment hearing. Prepared for Motion for Summary Judgment hearing and trial began reading Plaintiff Giovanni Caliendo's deposition transcript. 0.60 04/14/2021 GB Email to City regarding trial. Email to MDC regarding witness unavailability during trial period. Telephone conference call with MDC regarding trial. Email to opposing counsel regarding mediation. Prepared for Motion for Summary Judgment hearing gathered documents forjudge. Reviewed Judge's instructions regarding trial procedures. 1.20 MDC Confer with GB on trial order; conflicts on trial dates and procedures for avoiding scheduling conflicts. 0.20 04/15/2021 IR Receipt and review of email from GB, regarding calendar call specifics; research online Judge's trial instructions; reviewed City of Boynton Beach's Trial Order Outline; reviewed Judge Hafele's Divisional Instructions; preparation of email to GB, pertaining to this findings and the court docket, compared with the Court's Trial Order of February 5, 2021; 1.80 GB Email to opposing counsel regarding mediation. 0.10 JAC Review trial status and continuance and joint motion issues; update with Gal Betesh 0.40 04/16/2021 IR Receipt and review of email from Plaintiffs counsel, regarding request of extension of trial date and the scheduling of mediation; receipt and review of email with correspondence to Judge Hafele, for the City's Motion for Page 80 of 269 Page: 2 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9905171 STATEMENT NO: 35887 adv. Caliendo, Giovanni & Emily (code violation) HOURS Summary Final Judgment and hearing of same; 0.40 GB Emails with Plaintiffs counsel regarding Motion for Summary Judgment hearing, mediation and trial. 0.10 04/22/2021 GB Prepared for Motion for Summary Judgment hearing. 1.60 04/23/2021 IR Receipt and review of Plaintiff's Motion for Continuance of Jury Trial, filed $246.00 MICHAEL D. CIRULLO 1.50 this date; preparation of tickler to receive either Plaintiff's Notice of Hearing 307.50 GAL BETESH 14.70 on same, or the Court's ruling on Plaintiffs motion; 0.40 04/26/2021 GB Prepared for Motion for Summary Judgment hearing. 5.70 04/27/2021 IR Conference with GB regarding status of hearing this date. 0.40 GB Emails with Tristar regarding Motion for Summary Judgment hearing. 0.20 04/28/2021 GB Read transcript of Motion for Summary Judgment hearing. Read caselaw cited by the judge at hearing. Drafted an Order for Final Summary Judgment. Email to MDC regarding draft order. 2.20 04/29/2021 GB Edits to Caliendo order pursuant to MDC's comments. 0.70 GB Meeting with JAC, MDC and IVR regarding Motion for Summary Judgment hearing and order. 0.20 MDC Review transcript of hearing, review and provide comments on proposed final judgment. 0.90 04/30/2021 GB Conversations with MDC regarding edits to Final Summary Judgment. Finalized Final Judgment and submitted to the Judge for signature. Email to opposing counsel attached proposed order. 0.50 MDC Review draft order, confer with Gal Betesh on finalizing and submitting order to judge. 0.40 FOR CURRENT SERVICES RENDERED 20.40 3,942.00 V*KTIW101W_A1[6]► TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.20 $205.00 $246.00 MICHAEL D. CIRULLO 1.50 205.00 307.50 GAL BETESH 14.70 205.00 3,013.50 INGRID RIERA 3.00 125.00 375.00 Photocopies 221.20 TOTAL EXPENSES THRU 04/30/2021 221.20 04/16/2021 Federal Express - Invoice 7-352-63214 22.82 22.82 TOTAL ADVANCES THRU 04/30/2021 22.82 Page 81 of 269 CITY OF BOYNTON BEACH adv. Caliendo, Giovanni & Emily (code violation) TOTAL CURRENT WORK BALANCE DUE Page: 3 05/04/2021 ACCOUNT NO: 306-9905171 STATEMENT NO: 35887 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 4,186.02 $4,186.02 Page 82 of 269 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 ACCOUNT NO STATEMENT NO 04/06/2021 GB Participated in claim review meeting with City and Tristar. 04/07/2021 GB Meeting with JAC and MDC regarding strategy. 04/29/2021 GB Telephone conference call with MDC, JAC and IVR regarding strategy and case status. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.50 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905190 35888 HOURS 0.20 0.10 0.20 0.50 102.50 TOTAL $102.50 102.50 $102.50 Page 83 of 269 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 05/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905216 Boynton Beach FL 33435 STATEMENT NO: 35889 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470000410EP 04/05/2021 GB Worked on Motion for Summary Judgment, conducted legal research and began drafting motion. Emails with IVR regarding possible expert. Reviewed potential expert's CV and recommendation. Listened to radio dispatch from date of pursuit and interview of Srgt. Sanders for Motion for Summary Judgment. 1.90 IR Preparation of responsive email to contact IVR to discuss potential expert witnesses in this litigation; telephone conference with Rotstein, to discuss Ph.D. potential expert witness; receipt and review of email with potential expert witnesses' curriculum vitae; preparation of email to litigation team regarding same and received email directive from GB to reach out to the potential expert witness; 1.60 04/06/2021 GB Participated in claim review meeting with City and Tristar. 0.20 IR Received email from GB regarding potential expert witness and responded to same; preparation of email to potential expert witness, with pleadings to run conflict checks; 1.20 GB Legal research for Motion for Summary Judgment. Drafted deposition summary of Jeffery Katz. Emails with IVR regarding potential expert. 2.00 JAC Pleading and case strategy review 1.20 04/07/2021 GB Meeting with MDC and JAC regarding case status and strategy moving forward. Email to opposing counsel regarding mediation. 0.30 04/08/2021 GB Telephone conference call Clty regarding case status and alleged whistleblower letters from Plaintiff. 0.40 04/09/2021 GB Emails with opposing counsel regarding Broberg's deposition. 0.10 04/21/2021 IR Preparation of email to GB regarding status of locating mediators; online research regarding same; prepared email to GB regarding same; 0.60 04/22/2021 GB Email to opposing counsel regarding mediators. 0.10 04/26/2021 GB Emails with City regarding Ryan's request for documents. 0.10 04/29/2021 GB Telephone conference call with JAC, MDC and IVR regarding strategy. 0.20 Page 84 of 269 Page: 2 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9905216 STATEMENT NO: 35889 adv. Ryan, Ronald (whistleblower PD) FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 1.20 $205.00 GAL BETESH 5.30 205.00 INGRID RIERA 3.40 125.00 Photocopies TOTAL EXPENSES THRU 04/30/2021 TOTAL CURRENT WORK BALANCE DUE HOURS 9.90 TOTAL $246.00 1,086.50 425.00 1,757.50 3.50 3.50 1,761.00 $1,761.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 85 of 269 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 04/29/2021 IR Research and preparation of background information on Plaintiff; retrieval of Palm Beach Court docket, for new litigation, or other filings. GB Telephone conference call with MDC, JAC and IVR regarding case status FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $205.00 INGRID RIERA 0.80 125.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905336 35890 HOURS 0.80 0.20 1.00 141.00 TOTAL $41.00 100.00 141.00 $141.00 Page 86 of 269 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Cain, Courtney Billing Category: 18 - RLO Claim #001470001005EP 04/05/2021 GB Email to opposing counsel regarding Plaintiff's deposition. 04/06/2021 GB Participated in claim review meeting with City and Tristar. ACCOUNT NO STATEMENT NO HOURS 0.10 0.20 04/07/2021 GB Meeting with JAC and MDC regarding case status and discovery. Emails with opposing counsel regarding Plaintiff's deposition. Drafted Notice of Deposition. Emails with court reporter regarding Plaintiff's deposition. 0.60 04/14/2021 GB Began preparing for Plaintiff's deposition. 1.10 04/15/2021 GB Reviewed case file in preparation for Plaintiff's deposition. 0.90 04/19/2021 GB Continued preparing for Plaintiff's deposition by drafting outline and reviewing file. 2.60 04/20/2021 GB Continued preparing for Plaintiff's deposition. 1.70 04/21/2021 GB Email with opposing counsel regarding Plaintiffs deposition. Emails with Plaintiff's counsel regarding good faith conference. Email to court reporter regarding Plaintiffs deposition. Zoom meeting with City regarding status update. Continued preparing for Plaintiffs deposition. 4.30 JAC Pleading review and discussion with GB regarding trial order and discovery 0.50 04/22/2021 GB Telephone conference call with opposing counsel regarding request for production and interrogatories. Attended Plaintiffs deposition. 3.60 IR Receipt and review of email from GB regarding discovery and preparation of subpoena duces tecum; online research of Absolut Bail Bonds, LLC for its registered agent and business address; preparation of subpoena duces tecum to Absolut Bail Bonds, LLC; preparation of the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to add new witnesses; preparation of email to GB, with subpoena and notice of production from non-party; 1.90 04/23/2021 GB Telephone conference call with JAC regarding Cain's deposition. 0.20 04/27/2021 GB Review and edits to subpoena duces tecum to absolute bail bonds Ilc. Emails with IVR regarding subpoena and notice of production from non Page: 1 05/04/2021 306-9905360 35891 Page 87 of 269 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Cain, Courtney party. 0.30 IR Receipt and review of email from GB regarding directives to finalize Absolut Bail Bonds. 0.20 04/28/2021 IR Initial preparation of Notice of Production from Non -Party, to Absolut Bail Bonds; telephone conference with GB regarding same; 0.40 04/29/2021 GB Meeting with JAC, MDC and IVR regarding discovery and case status. 0.20 04/30/2021 IR Preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; 0.50 FOR CURRENT SERVICES RENDERED 19.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.50 $205.00 $102.50 GAL BETESH 15.80 205.00 3,239.00 INGRID RIERA 3.00 125.00 375.00 TOTAL CURRENT WORK BALANCE DUE Page: 2 05/04/2021 306-9905360 35891 3,716.50 $3,716.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 88 of 269 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18 - RLO Claim #19754303 04/06/2021 GB 04/07/2021 GB 04/28/2021 IR 04/29/2021 GB ACCOUNT NO STATEMENT NO Participated in claim review meeting with City and Tristar. Meeting with JAC and MDC regarding case status and strategy. Emails with City regarding non party witness' address. Email to IVR regarding drafting subpoena for deposition of non party witness. Receipt and review of email from GB regarding Guardian Credit Union and documents received; researched pleadings and discovery requests from this entity; conference call with GB regarding same; Telephone conference call with JAC, MDC and IVR regarding case status and strategy. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.70 $205.00 INGRID RIERA 0.60 125.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905369 35892 HOURS 0.20 0.30 0.60 0.20 1.30 218.50 TOTAL $143.50 75.00 218.50 $218.50 Page 89 of 269 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Geraci, Sanford and Meredith Geraci, John (Confrontation/Police Officer) Billing Category: 18 - RLO Claim #19757010 ACCOUNT NO STATEMENT NO 04/29/2021 GB Telephone conference call with JAC, MDC and IVR regarding case status IR Conference call regarding status of litigation by Sanford Geraci; retrieved online Palm Beach Circuit Court docket, to review parties involved in litigation; FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $205.00 INGRID RIERA 0.20 125.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905375 35893 HOURS 0.20 0.20 0.40 66.00 TOTAL $41.00 25.00 66.00 $66.00 Page 90 of 269 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. Riebman, Scott (Trip and Fall) Billing Category: 18 - RLO Claim #19768833 ACCOUNT NO STATEMENT NO 04/06/2021 GB Participated in claim review meeting with City and Tristar. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905404 35894 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 91 of 269 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. McFadden, Patrick (K9 Injuries) Billing Category: 18 - RLO Claim #19779868 ACCOUNT NO STATEMENT NO 04/05/2021 GB Email to attorney Kaufer regarding deposition transcripts. 0.10 IR Receipt and review of recent emails between GB and Koreen, with Dr. Kenneth Garrod's office, regarding medical expert witness requirements; preparation of email to Koreen regarding same and tickler to receive responsive email with information requested; online searches of Miami -Dade, Broward and Palm Beach counties' online docket searches of expert witness disclosures, with documentation and law firms; online court docket search in federal courts of Florida, regarding same medical expert witness disclosure documentation and/or cases; 1.60 04/06/2021 IR Receipt and review of email from Koreen in Dr. Garrod's office regarding his credentials; preparation of responsive email regarding same; preparation of email to GC, to provide an update; tickler to receive a response from Koreen; 0.90 GB Emails with IVR regarding Dr Garrod and requirements in Rule 26 for expert disclosures. Legal research Rule 26 and emails with IVR regarding same. 0.30 04/07/2021 GB Meeting with JAC and MDC regarding experts and strategy. Email to opposing counsel regarding mediation. Letter to Dr. Garrod regarding expert disclosure requirements. Email to JAC regarding letter to Dr. Garrod. 1.30 04/08/2021 GB Emails with opposing counsel regarding deposition dates. Emails with Dr. Garrod's office regarding deposition date and list of cases testified in the past 4 years. Telephone conference call with Dr. Garrod's office regarding list of testimony. Emails with City regarding depositions and Plaintiffs Second Interrogatories and Request for Production. 0.80 04/09/2021 GB Emails with City regarding discovery. Emails with expert regarding deposition. 0.30 04/12/2021 IR Receipt and review of email from Kenneth Garrod, M.D.'s office administrator; receipt and review of Dr. Garrod's prior expert witness testimony; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; receipt and review of email, forwarding Plaintiffs Interrogatories [11] and Request for Production to the City of Boynton Beach; preparation of deadline dates for the City's responses; receipt and review of email with Notice of Mediation on June 18, Page: 1 05/04/2021 306-9905421 35895 Page 92 of 269 Page: 2 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9905421 STATEMENT NO: 35895 adv. McFadden, Patrick (K9 Injuries) HOURS 2021 and updated Trial Order Outline; 2.20 GB Telephone conference call with City regarding discovery. 0.40 04/13/2021 GB Telephone conference call with Plaintiffs counsel regarding expert disclosures. Email to Dr. Garrod regarding disclosures. 0.40 IR Receipt and review of email from City of Boynton Beach counsel to Kenneth Garrod, M.D.'s office administrator regarding prior testimony; preparation of email to GB from IVR regarding same; receipt and review of Notice of Taking Deposition of Kenneth Garrod, M.D. and prepared deadlines, to assist with deposition; telephone conference with Dr. Garrod's office administrator regarding deposition preparation; online research of cases noted in our medical expert witnesses' compulsory list; 2.00 04/14/2021 IR Conference call with Kenneth Garrod, M.D.'s office administrator, regarding upcoming deposition and materials requested; preparation of email to GB to update regarding conference call with Dr. Garrod's office; receipt and review of email from GB regarding directives on additional projects that pertain to expert witness depositions; receipt and review of email from litigation team to Plaintiffs counsel, with Kenneth Garrd, M.D.'s updated list of previous testimony; attendance on conference call with JAC, MDC & GB regarding discovery responses; preparation of email to Dr. Kenneth Garrod's office administrator, to request W2 and invoice for his attendance at deposition on April 29, 2021, prepared deadline to receive same; 2.00 GB Email with City regarding discovery. Telephone conference call with JAC and MDC regarding discovery. Emails with opposing counsel regarding discovery and depositions. Emails with Dr. Garrod regarding rule 26 disclosures. Emails with opposing counsel regarding Pennington's deposition. 0.60 04/15/2021 GB Email with opposing counsel regarding Pennington's deposition. 0.10 04/16/2021 IR Organization of expert witness deposition records, in advance of already scheduled depositions; receipt and review of email from Plaintiff's counsel regarding use of force expert deposition; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart with information. 1.30 04/19/2021 IR Receipt and review of email exchanges between counsel for Plaintiff and co -defense counsel, regarding expert witness deposition of Mike Pennington, for May 4, 2021; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; receipt and review of Plaintiff's Notice of Taking Deposition Duces Tecum of Mr. Pennington; 0.50 GB Email with City regarding documents responsive to Plaintiff's Second Request for Production from City. Began reviewing documents produced by City in response to discovery request. 0.60 04/23/2021 GB Emails with opposing counsel regarding depositions. 0.20 IR Receipt and review of email from litigation team to L. Swanson at City of Boynton Beach, for specific law enforcement personnel information, for trial preparation; receipt and review of responsive email regarding same; preparation of updates to City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart and for trial disclosures; 0.40 04/26/2021 IR Receipt and review of email from litigation team, regarding Boynton Beach Page 93 of 269 CITY OF BOYNTON BEACH adv. McFadden, Patrick (K9 Injuries) Page: 3 05/04/2021 ACCOUNT NO: 306-9905421 STATEMENT NO: 35895 Police Department witness information; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, regarding updated potential witness information; GB Telephone conference call with City officer regarding possible deposition. Email to City regarding identifying officer with most knowledge. HOURS 0.70 0.30 04/27/2021 GB Email to Sohn's attorney regarding k9 expert. Emails with Sohn's attorney regarding Dr. Garrod's deposition. Emails with City regarding depositions. Email to Dr. Garrod's office regarding records reviewed. Telephone conference call with Dr. Garrod's office regarding documents requested by Plaintiff. Emails with Dr. Garrod's office regarding notice of deposition duces tecum. Telephone conference call with attorney for Sohn regarding Court's Order to Show Cause. Emails with opposing counsel regarding order to show cause and mediation. Telephone conference with plaintiff's counsel regarding order to show cause. 2.60 IR Receipt and review of email from litigation team, regarding Kenneth Garrod, M.D. deposition; preparation of responsive email regarding same. 1.70 04/28/2021 IR Receipt and review of emails from litigation team, to confirm depositions of expert witnesses; receipt and review of Plaintiffs response to Order to Show Cause; updated calendar with Mediation of 6.8.21; 0.50 04/29/2021 GB Telephone conference call with opposing counsel regarding Dr. Garrod's deposition. Telephone conference call with Plaintiff's counsel regarding Plaintiff's use of force expert's deposition. Telephone conference call with Dr. Garrod's office regarding deposition. Emails with attorney for Sohn regarding Plaintiff's use of force expert's deposition. 0.90 IR Receipt and review of email exchanges between counsel for Plaintiff and City of Boynton Beach litigation team regarding depositions; reviewed Plaintiff's Notice of Taking Deposition Duces Tecum of Kenneth Garrod, M.D.; receipt and review of emails from Dr. Garrod's office administrator and reviewed revised invoice for video deposition of Dr. Garrod, addressed to Plaintiff; receipt and review of Plaintiff's counsel email with anticipated, marked exhibits to be utilized at Kenneth Garrod, M.D. deposition duces tecum today; conference call with GB regarding case status and projects; 1.40 GB Telephone conference call with JAC, MDC, IVR regarding case status and discovery. Attended Dr. Garrod's deposition. 1.60 04/30/2021 GB Prepared for and attended Plaintiff's k9 expert's deposition. IR Research of Roy Bedard, Ph.D., Plaintiffs 'Use of Force' expert witness; preparation of email with researched findings of Mr. Bedard to GB, for review prior to his deposition this date; FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 15.70 $205.00 INGRID RIERA 16.60 125.00 Photocopies TOTAL EXPENSES THRU 04/30/2021 5.20 1.40 32.30 5,293.50 TOTAL $3,218.50 2,075.00 19.25 19.25 Page 94 of 269 CITY OF BOYNTON BEACH adv. McFadden, Patrick (K9 Injuries) TOTAL CURRENT WORK BALANCE DUE Page: 4 05/04/2021 ACCOUNT NO: 306-9905421 STATEMENT NO: 35895 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 5,312.75 $5,312.75 Page 95 of 269 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 Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 ACCOUNT NO STATEMENT NO 04/02/2021 MDC Review Federal Rules Appellate procedure; research status of Appeal. 1.50 04/05/2021 GB Reviewed Order Granting Taxable Costs to City. Drafted and sent letter to City advising of ruling in order. 0.90 04/07/2021 GB Meeting with JAC and MDC regarding Order on Motion to Tax Costs. 0.10 04/13/2021 GB Legal research regarding how many days to respond to a motion in federal court. 0.50 04/20/2021 GB Legal research regarding Plaintiffs' objections to Special Magistrate Order granting taxable costs. 2.40 04/22/2021 GB Legal research and draft response in opposition to Plaintiffs' Objection to Magistrate's Order. 1.00 04/23/2021 GB Legal research and draft response in opposition to Plaintiffs' Objection to Magistrate's Order. 2.90 MDC Review e-mails on filed pleadings; review Motion re: COVID-19 waiver; begin review of Initial Brief. 0.70 04/26/2021 GB Edits to Response in Opposition to Plaintiffs' Objections to Magistrate Judge's Order 0.30 HN Research and drafted sections in BB response to Homing Inn's opposition to Judge's Order granting City's motion for taxable fees. Review of Local rule 7.3(c) and west law research related to the rule, review of local rule 7.1(a)(3) and westlaw research related to the rule, research related to requirement of conferral. 2.00 MDC Review rules on filing briefs and formatting requirements. 0.30 04/27/2021 IR Receipt and review of the City of Boynton Beach's Response to Plaintiffs Objections to Magistrate Judge's [DE 134] re: [134] Order on Motion to Tax Costs, ORder on Motion to Strike by the City; 0.30 MDC Begin review of cases cited in brief. 0.30 04/28/2021 MDC Continue to review Initial Brief. 0.30 Page: 1 05/04/2021 306-9905423 35896 Page 96 of 269 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit 04/29/2021 GB Telephone conference call with IVR, MDC and JAC regarding appeal and cost order. IR Conference call of City of Boynton Beach Litigation Team regarding status of appeal and underlying litigation in federal court; 04/30/2021 MDC Review Initial Brief. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 4.30 $205.00 HEATHER NEEDELMAN 2.00 205.00 GAL BETESH 8.30 205.00 INGRID RIERA 0.50 125.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 0.20 1.20 15.10 TOTAL 410.00 1,701.50 62.50 Page: 2 05/04/2021 306-9905423 35896 3,055.50 $3,055.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 97 of 269 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 05/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905462 Boynton Beach FL 33435 STATEMENT NO: 35897 Attn: Lynn Swanson adv. Capobianco, Ewa (Charge of Discrimination) Billing Category: 18 - RLO Claim #20806974 HOURS 04/06/2021 GB Meeting with City regarding Plaintiffs deposition. 0.20 04/07/2021 GB Meeting with MDC and JAC regarding strategy. 0.10 04/08/2021 GB Email to IVR regarding subpoena to Guardian and email and telephone call from Guardian's representative. Emails with Guardian's representative regarding subpoena and documents. 0.30 04/12/2021 IR Receipt and review of Return of Service, on Guardians Credit Union, of the City's Subpoena Duces Tecum; receipt and review of email string; and receipt of the City of Boynton Beach's subpoena duces tecum of non-party records custodian; online research of Florida Division of Corporations, for registered agent at Guardians Credit Union; 1.40 04/16/2021 IR Receipt and review of emails exchanged from April 13, 2021 regarding Landrum request to City of Boynton Beach; receipt and review of email from Richard Ignoffo, Risk Management Department at City of Boynton Beach regarding records; preparation of updates to the City's Trial Witness and Subpoena duces Tecum tracking chart; 0.70 04/19/2021 GB Email to Guardian Credit Union regarding revised subpoena. 0.10 04/22/2021 GB Emails with IVR regarding subpoena. Emails with opposing counsel regarding HIPAA Release form. Drafted HIPAA release form to be sent to opposing counsel. 0.40 IR Receipt and review of email from GB regarding status of subpoena duces tecum, to Guardian Credit Union [Landrum]; prepared responsive email to GB, for Plaintiffs counsel non -objection to subpoena; preparation of email to Rochelle Richards, with Landrum HR, regarding the status of the revised subpoena and other issues; receipt and review of emails from litigation team and GB; preparation of updates to the Trial Witness and Subpoena DT Tracking chart; preparation of revised subpoena and emailed to Landrum HR for Guardian Credit Union personnel records; 1.90 04/23/2021 GB Telephone conference call with IVR regarding edits to subpoena. 0.20 IR Telephone conference with GB regarding discovery; prepared revisions to the City of Boynton Beach's Subpoena Duces Tecum, to Landrum on behalf Page 98 of 269 Page: 2 CITY OF BOYNTON BEACH 05/04/2021 ACCOUNT NO: 306-9905462 STATEMENT NO: 35897 adv. Capobianco, Ewa (Charge of Discrimination) HOURS of Guardian Credit Union; preparation of revisions to HIPAA form, to include to Landrum; updated Trial Witness and Subpoena Duces Tecum Tracking Chart; preparation of email to GB regarding discovery; 1.00 04/27/2021 GB Reviewed edits to subpoena and HIPAA release form drafted by IVR and email to IVR regarding documents. 0.20 IR Receipt and review of email from GB regarding revised subpoena duces tecum to Landrum, on behalf of Guardian Credit Union; prepared revised subpoena duces tecum and accompanying HIPAA form; converted subpoena and HIPAA to PDF; preparation of email to Landrum representative, with documents; received responsive email; prepared 2d revised subpoena and prepared email back to Landrum; 1.00 04/28/2021 GB Left voicemail to Landrum regarding subpoena to Guardian. Email to attorney for Landrum regarding subpoena. Emails with IVR regarding subpoena to Guardian. Telephone conference call with Landrum regarding subpoena. Telephone conference call with IVR regarding subpoena to Landrum and Guardian. 0.60 IR Receipt and review of email from Arnie Remington, Esq. general counsel at Landrum Professional Employer Services, regarding subpoena duces tecum emailed yesterday; prepared email to GB enclosing email from Remington; telephone conference with GB regarding same; receipt and review of emails exchanged between GB and Remington; preparation of email ito Remington regarding Notice of Production from Non -Party, new subpoena and payment for same; prepared update of project list, to obtain subpoenaed records from Guardian Credit Union; preparation of Notice of Production from Non -Party; preparation of new subpoena duces tecum to Landrum, due in May; 1.70 04/29/2021 GB Meeting with JAC MDC and IVR regarding discovery. 0.20 04/30/2021 IR Telephone conferences with Guardians Credit Union, regarding compliance with the City of Boynton Beach's subpoena duces tecum, for records due April 8, 2021; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; preparation of email to GB and litigation team regarding discussion with to Sheri Vick, V.P. at Guardian Credit Union for Plaintiffs employment records; telephone conference with Lisa Oliver, Human Resources at Guardian Credit Union, regarding subpoena to be responded to, via 'electronic employee file' maintained at Guardian; prepared another email with updated status to GB and litigation team for Guardian to respond; ticklers prepared; 2.30 FOR CURRENT SERVICES RENDERED 12.30 1,721.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 2.30 $205.00 $471.50 INGRID RIERA 10.00 125.00 1,250.00 TOTAL CURRENT WORK 1,721.50 BALANCE DUE $1,721.50 Page 99 of 269 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 04/05/2021 GB Emails with City regarding letter to insurance adjuster. 0.20 04/06/2021 GB Meeting with City regarding claim status. 0.20 04/08/2021 GB Telephone conference calls with City regarding damages, supporting documents, and and letter to Bible Church of God's adjuster. Telephone conference call with SMS regarding right of ways and permit. Edits to letter to Ms. Cohen. Legal research regarding chapter 556. 2.10 04/12/2021 GB Emails with City regarding depth of cable. 0.10 04/13/2021 GB Meeting with City regarding lettering to Lisa Cohen and amount owed. Telephone conference call with City regarding location of digging and amount owed. Edits to letter to Ms Lisa Cohen and emails with the City regarding letter. 1.10 SMS Review of additional provided documents and Call with staff to discuss location of property and infrastructure damage. 0.80 04/19/2021 GB Reviewed documents from City regarding damages. 0.20 04/22/2021 GB Telephone conference call with City regarding strategy moving forward. 0.20 FOR CURRENT SERVICES RENDERED 4.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 0.80 $205.00 $164.00 GAL BETESH 4.10 205.00 840.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 05/04/2021 306-9905480 35898 1,004.50 $1,004.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 100 of 269 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 (Personal Injury Injury from a Public Art Mural and It's Unveiling) 04/14/2021 GB IR 04/15/2021 GB Billing Category: 18 - RLO Claim #20820231 ACCOUNT NO STATEMENT NO Received and read Complaint. Receipt and review of email from the City of Boynton Beach, with Complaint filed by Latosha Clemons and served on the City; prepared update to paralegal notes, regarding pleadings deadlines; reviewed Plaintiff's Complaint for Damages. Legal research for Motion to Dismiss Complaint. 04/27/2021 GB Legal research and draft Motion to Dismiss Complaint. 04/28/2021 GB Legal research and continued drafting Motion to Dismiss. 04/29/2021 GB Continued legal research and drafting motion to dismiss complaint. GB Meeting with JAC, MDC And IVR regarding strategy. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 7.10 $205.00 INGRID RIERA 0.30 125.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/04/2021 306-9905498 35899 HOURS 0.40 0.30 1.20 2.00 2.10 1.20 0.20 7.40 1,493.00 TOTAL $1,455.50 37.50 1,493.00 $1,493.00 Page 101 of 269 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO Page: 1 05/04/2021 306-9905553 35900 adv. Miley, Cynthia and McCormick, LaToya (MVA COBB Utility Vehicle #2150 jumped curb and hit parked car of Cynthia Billing Category: 18 - RLO Claim #21844057 04/07/2021 GB Reviewed reports from Custard and Gulf Atlantic Claims. Emails with City regarding reports. 0.40 04/08/2021 GB Reviewed documents from Tristar and update from tristar regarding nissan claim. Email with City regarding update. 0.30 04/16/2021 GB Telephone conference call with Rimkus regarding inspection of City vehicle. Emails with Rimkus regarding incident. Emails with City and Tristar regarding update. 0.70 04/19/2021 GB Email to Rimkus regarding photos and videos. 0.10 04/21/2021 GB Telephone conference call with City. Rimkus and tristar regarding incident and City vehicle. Telephone conference call with City regarding additional inspection needed. 0.90 04/22/2021 GB Telephone conference call with City regarding incident. 0.30 04/23/2021 GB Telephone conference call with City regarding incident. 0.40 FOR CURRENT SERVICES RENDERED 3.10 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 3.10 $205.00 $635.50 TOTAL CURRENT WORK BALANCE DUE 635.50 $635.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 102 of 269 r,j, MAIL CHECK TO VENDOR ❑ RETURN CHECK TO DEPT. o INCLUDE BACK-UP W/ CHECK CITY OF BOYNTON BEACH DIRE T P I ITI Please issue a check in the amount $ 7,177.00 . VENDO 16212 TO: Jones Foster, P.A. PO Box 3475 West Palm Beach. FL 33401-5950 PROJECT # (optional): FOR: Town Square Litigation: Invoice No. 239071 April, 2021 $7,177.00 Requested By: City Attorney Approvals: Div Head �„•...- �� Finance Dept. City Manager Date: May 18, 2021 FUND 001 DEPT 1214 BASICI 512 ELE 31 OBJ 11 AMOUNT 7,177.00 7,177.00 Page 103 of 269 JONES FOSTER P.A. P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 561 659 3000 T jonesfoster.com City of Boynton Beach c/o James Cherof, Esq. 100 E Ocean Ave Boynton Beach, FL 33435 Represent City with respect to litigation over a development TOTALS FOR THIS STATEMENT JOANNE M. OCONNOR KAREN BOULD-PARA THOMAS J. BAIRD ZACHARY M. ROTHMAN TOTAL FEE THIS INVOICE TOTAL COSTS ADVANCED THIS INVOICE TOTAL CHARGES THIS INVOICE PREVIOUS BALANCE TOTAL ACCOUNT BALANCE RATE 350.00 240.00 350.00 340.00 Tax I.D. 59-1292566 April 30, 2021 Invoice No. 239071 File No. 29049.00002 TJB HOURS AMOUNT 10.30 $3,605.00 1.30 $312.00 3.50 $1,050.00 6.50 $2,210.00 $7,177.00 $0.00 $7,177.00 $0.00 $7,177.00 Page 104 of 269 JONES FOSTER P.A. City of Boynton Beach April 30, 2021 Represent City with respect to litigation over a development Invoice No. 239071 File No. 29049.00002 Page 2 FOR PROFESSIONAL SERVICES RENDERED: DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 04/06/21 JMO REVISE CORRESPONDENCE TO CITY RE INITIAL 0.60 210.00 IMPRESSIONS 04/06/21 TJB EXCHANGE EMAIL CORRESPONDENCE WITH JMO RE 0.30 105.00 CORRESPONDENCE TO CITY ATTORNEY & CITY MANAGER; PREPARE NOTICE OF APPEARANCE 04/06/21 JMO INITIAL RESEARCH RE DECLARATORY JUDGMENT AS 0.40 140.00 TO SATISFACTION OF CONDITIONS PRECEDENT 04/07/21 JMO ASSIGNMENT TO ASSOCIATE Z ROTHMAN RE 0.30 105.00 PROPRIETY OF DECLARATORY RELIEF VIS SATISFACTION OF CONDITIONS PRECEDENT 04/07/21 ZMR REVIEW EMAIL MEMO FROM MS. O'CONNOR RE; 1.00 340.00 CASE BACKGROUND, STATUS AND DECLARATORY ACTION AFFIRMATIVE DEFENSE ISSUE; REVIEW BACKGROUND DOCUMENTS AND INITIATE LEGAL RESEARCH RE: SAME; MULTIPLE CORRESPONDENCE WITH MS. O'CONNOR AND MR. BAIRD RE: SAME. 04/08/21 ZMR EXTENSIVE LEGAL RESEARCH RE: DECLARATORY 4.50 1,530.00 JUDGMENT ACTIONS AND DETERMINATION OF FACT ISSUES; DRAFT/REVISE MEMO REGARDING SAME. 04/09/21 JMO ATTENTION TO EXHIBIT/WITNESS DEADLINE; EMAILS 0.20 70.00 WITH G BETSCH, J CHEROF 04/09/21 JMO REVIEW DECLARATORY JUDGMENT RESEARCH BY 0.20 70.00 ASSOCIATE ROTHMAN 04/09/21 ZMR CONTINUE DRAFT/REVISE MEMORANDUM RE: 1.00 340.00 DETERMINING FACT ISSUES IN DECLARATORY ACTIONS; EMAIL CORRESPONDENCE WITH MS. O'CONNOR AND MR. BAIRD RE: SAME. 04/09/21 KJB COMMUNICATION WITH J. O'CONNOR RE: STATUS OF 0.10 24.00 PRODUCTION 04/11/21 JMO REVIEW PLEADING FILE AND OUTLINE 1.00 350.00 CLAIMS/RESPONSES; EMAIL G BETESH; EMAIL T BAIRD 04/12/21 KJB EMAIL COMMUNICATION WITH J. O'CONNOR; 0.40 96.00 DOWNLOAD DOCUMENTS FROM GAL BETESH; WORK WITH IT DEPARTMENT RE: LARGE ZIP FILES OF DEFENDANT'S PRODUCTION Page 105 of 269 JONES FOSTER P.A. City of Boynton Beach April 30, 2021 Represent City with respect to litigation over a development Invoice No. 239071 File No. 29049.00002 Page 3 04/12/21 JMO TEL CALL G BETESH RE DISCOVERY TASKS 0.70 245.00 04/12/21 TJB EXCHANGE EMAIL CORRESPONDENCE WITH JIM & 0.50 175.00 GAL RE PRE-TRIAL DEADLINES (5XS); REVIEW PROPOSED MOTION TO EXTEND TIME OF PRE-TRIAL DEADLINES 04/12/21 JMO REVIEW EMAILS AND REDLINES TO JOINT MOTION 0.20 70.00 EXTEND DEADLINES 04/14/21 KJB WORK WITH IT DEPARTMENT RE: LINK OF 0.80 192.00 DEFENDANTS' PRODUCTION RECEIVED FROM GAL BETESH; CREATE MATTER DIRECTORY; STATUS EMAILS WITH J. O'CONNOR 04/16/21 JMO TEL CALL J CHEROF, G BETESH, T BAIRD RE 1.20 420.00 STRATEGY 04/16/21 JMO INITIAL REVIEW JKM PRODUCTION, REVIEW CITY 0.80 280.00 COMMISSION HEARING EXCERPTS/MINUTES RE MARKEY COMMENTS; REVIEW ANNOTATED WITNESS LIST 04/16/21 TJB TELEPHONE CONFERENCE WITH JMO AND CITY 1.00 350.00 ATTORNEYS BETSCH & CHEROF 04/23/21 JMO TEL CALL WITH OPPOSING COUNSEL; POST 1.20 420.00 CONFERENCE CALL WITH BETESH, CHEROF RE STRATEGY 04/23/21 JMO TEL CALL HASKELL'S C WARE AND COUNSEL, G 0.80 280.00 BETESH 04/23/21 JMO MEDIATOR INQUIRIES 0.20 70.00 04/23/21 TJB CONFERENCE CALL WITH OPPOSING COUNSEL AND 1.20 420.00 CITY ATTORNEYS; TELEPHONE CONFERENCE WITH JMO, JIM & GAL TO DISCUSS 04/23/21 TJB CONFERENCE CALL WITH OPPOSING COUNSEL AND 0.50 0.00 CITY ATTORNEYS 04/26/21 JMO INQUIRIES RE MEDIATORS; EMAIL TEAM; EMAIL 0.20 70.00 OPPOSING COUNSEL 04/26/21 JMO TEL CALL G BETESH RE EXHIBIT/WITNESS LISTS; TEL 0.60 210.00 CALL, G BETESH, AMIL AT CITY RE UTILITY AS BUILTS 04/26/21 JMO REVIEW AND REVISE EXHIBIT AND WITNESS LISTS; 1.70 595.00 REVIEW SELECT DOCUMENT PRODUCTION; REVIEW G BETESH TIMELINE AND OUTLINE; MULTIPLE EMAILS G BETESH Page 106 of 269 JONES FOSTER P.A. City of Boynton Beach Represent City with respect to litigation over a development TOTAL HOURS April 30, 2021 Invoice No. 239071 File No. 29049.00002 Page 4 21.60 Page 107 of 269 JONES FOSTER P.A. P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 561 659 3000 T jonesfoster.com City of Boynton Beach c/o James Cherof, Esq. 100 E Ocean Ave Boynton Beach, FL 33435 Represent City with respect to litigation over a development Tax I.D. 59-1292566 April 30, 2021 Invoice No. 239071 File No. 29049.00002 TJ B REMITTANCE COPY TOTALS FOR THIS STATEMENT RATE/HR. HOURS AMOUNT JOANNE M. OCONNOR 350.00 10.30 $3,605.00 KAREN BOULD-PARA 240.00 1.30 $312.00 THOMAS J. BAIRD 350.00 3.50 $1,050.00 ZACHARY M. ROTHMAN 340.00 6.50 $2,210.00 $7,177.00 TOTAL FEES THIS INVOICE TOTAL COSTS ADVANCED THIS INVOICE $0.00 TOTAL CHARGES THIS INVOICE $7,177.00 PREVIOUS BALANCE $0.00 TOTAL ACCOUNT BALANCE $7,177.00 PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE. PAYMENTS RECEIVED AFTER THE PREPARATION OF THIS INVOICE WILL NOT BE REFLECTED. IF AN UNPAID PRIOR BALANCE IS DISPLAYED ABOVE AND YOU HAVE RECENTLY REMITTED PAYMENT, PLEASE PAY ONLY THE CURRENT INVOICE CHARGES. THANK YOU DUE UPON RECEIPT Page 108 of 269 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 May 17, 2021 Attn: claims@bbfl.us Bill No. 57722 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Geraci v. Zeller 19132 Adj: Julie Oldbury BILL FOR FEES AND COSTS THROUGH 04/30/21 PROFESSIONAL SERVICES Date Services Attorney Hours 04/01/21 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.20 status of depositions of Plaintiffs Sanford and Meredith Geraci. 04/01/21 Preparation of email response to Plaintiffs' counsel Eiss re: LHR 0.20 status of depositions of Plaintiffs Sanford and Meredith Geraci. 04/01/21 Receipt and review of second e-mail from Plaintiffs' counsel LHR 0.20 Eiss re: depositions of Plaintiffs Sanford and Meredith Geraci. 04/01/21 Preparation of second email to Plaintiffs' counsel Eiss re: LHR 0.20 depositions of Plaintiffs Sanford and Meredith Geraci. 04/02/21 Preparation of e-mail to Plaintiffs' counsel Eiss re: depositions LHR 0.20 of Plaintiffs Sanford Geraci and Meredith Geraci. 04/05/21 Receipt and review of e-mail from Plaintiffs' counsel Eiss re: LHR 0.20 depositions of Plaintiffs Sanford and Meredith Geraci. 04/05/21 Preparation of email response to Plaintiffs' counsel Eiss re: LHR 0.20 depositions of Plaintiffs Sanford and Meredith Geraci. 04/05/21 Preparation of Second Re -Notice of Taking Deposition of LHR 0.20 Plaintiff Sanford Geraci. 04/05/21 Receipt and review of second e-mail from Plaintiffs' counsel LHR 0.20 Eiss re: depositions of Plaintiffs Sanford and Meredith Geraci. 04/05/21 Preparation of second e-mail response to Plaintiffs' counsel LHR 0.20 Eiss re: depositions of Plaintiffs Sanford and Meredith Geraci. 04/09/21 Receipt and review of letter of no records received from Dr. LHR 0.20 Stuart Friedman pursuant to subpoena duces tecum pertaining to Plaintiff, Sanford Geraci. 04/24/21 Plan and Prepare for upcoming Zoom Deposition of Records SHP 0.50 Custodian for Dr. Stuart Friedman. Page 109 of 269 Client: City of Boynton Beach May 17, 2021 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 04/26/21 Correspondence to Chuck Eiss, Counsel for Plaintiff, re: the SHP 0.20 SHP Sara H. Ptachik, Associate depositions of Records Custodian for Dr. Danette Arthur 160.00 448.00 Total Professional Services beginning at 1:30pm and the Records Custodian for Dr. $855.00 Friedman beginning at 3:OOpm. 04/26/21 Receipt and review of correspondence from Chuck Eiss, SHP 0.20 Counsel for Plaintiff, re: the depositions of Records Custodian for Dr. Danette Arthur beginning at 1:30pm and the Records Custodian for Dr. Friedman beginning at 3:OOpm. 04/26/21 Plan and Prepare for upcoming Zoom Deposition of Records SHP 0.70 Custodian for Dr. Danette Arthur. 04/27/21 Attendance at Zoom Deposition of Records Custodian for Dr. SHP 0.50 Danette Arthur, waiting for the witness before requesting a Certificate of Non -Appearance. 04/27/21 Attendance at Zoom Deposition of Records Custodian for Dr. SHP 0.50 Stuart Friedman, waiting for the witness prior to requesting a Certificate of Non Appearance. 04/28/21 Receipt and review of correspondence from Dr. Stuart SHP 0.20 Friedman, witness, re: no records in response to the notice of taking deposition duces tecum. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 2.20 185.00 407.00 SHP Sara H. Ptachik, Associate 2.80 160.00 448.00 Total Professional Services 5.00 $855.00 DISBURSEMENTS Date Description Amount 04/09/21 Subpoena Fees #LAS-2021003633-Danette Arthur, MD 28.00 records custodian - Legal Advocate Services, Inc. Total Disbursements $28.00 Page 110 of 269 Client: City of Boynton Beach Matter: 19132 - Geraci v. Zeller CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: May 17, 2021 Page 3 $ 883.00 3,573.25 -3,423.25 $ 1,033.00 Page 111 of 269 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: 57722 Bill Date: May 17, 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 011 $ 883.00 3,573.25 -3,423.25 $ 1,033.00 150.00 $1,033.00 Page 112 of 269 M Consent Agenda 6/11/20211 Requested Action by Commission: Proposed Resolution No. R21-051 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and FH Quantum LLC for the 4th of July event to be held Sunday, July 4, 2021. Explanation of Request: The City has received permission from FH Quantum LLC to utilize their property on 3301 Quantum Blvd. as a public parking option during the 4th of July event to be held on Sunday, July 4, 2021. How will this affect city programs or services? Parking is very limited at Intracoastal Park and this provides an additional parking option for those that would like to attend the 4th of July event. Fiscal Impact: There is no cost related to the temporary use of FH Quantum LLC property on 4th of July event be held Sunday, July 4, 2021. Alternatives: Not approve the land use agreement between the City of Boynton Beach and FH Quantum LLC for property (parking) for the City's 4th of July event that will be held on Sunday, J my 4, 2021. Strategic Plan: Boynton Beach Branding Strategic Plan Application: Identifying and promoting additional public parking opportunities during large City events allows more individuals to attend events. Free bus transportation to and from the 4th of July event will be provided by the City. Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 113 of 269 Type D IRESdUltion DAg ir e e rnint Description RESdUltion appiroAing I and Use Agireeirylent with I:::::II II QUIantLAirn for 4th Of JLJIy event Ipa irking Agireeirneint for Use of IC. irolpeirty QUiantLAirn IFla irk Page 114 of 269 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 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LAND USE AGREEMENT WITH FH QUANTUM LLC., FOR THE 4TH OF JULY EVENT TO BE HELD JULY 4,2021; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City plans to use the FH Quantum LLC., property as a public parking option during the Annual 4th July Holiday event on July 4, 2021; and WHEREAS, parking is limited and this site will provide an alternative for public parking during the event; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach and FH Quantum LLC., for the 4th of July event to be held July 4th 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves and authorizes the Mayor to sign a Land Use Agreement between the City of Boynton Beach and FH Quantum LLC., for the 4th of July Annual Event to be held July 4, 2021. A copy of the Agreement is attached 27 hereto as Exhibit "A." 28 Section 3. This Resolution shall become effective immediately upon passage. S:ACA\RESO\Agreements\Land Use Agreement with FH Quantum for July 4th 2021 - Reso.docx Page 115 of 269 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 PASSED AND ADOPTED this 1st day of June, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RESO\Agreements\Land Use Agreement with FH Quantum for July 4th 2021 - Reso.docx YES NO Page 116 of 269 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this _ day of June, 2021, by and between the City of Boynton Beach ("City") and FH Quantum LLC , its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 3301 Quantum, Boynton Beach, FL 33426 (Parcel Number: 08-43-45-17-07-000-0120), (the "Property"); and WHEREAS, the City desires to use the parking lots located on the Property for parking for an event taking place on July 4, 2021 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. Owner is responsible for any injuries which occur on the Property as a result in a defect in the property, Owner's failure to maintain the property, and any and all other conditions which are the Property Owner's responsibility, and which cause an injury to any guest, invitee, or third party on the Property. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, and contractors, occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. Page 1 of 4 Page 117 of 269 d. The City shall also be responsible for its own negligence. e. To the extent permitted bylaw, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 6. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 7. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. This Agreement shall expire on midnight on July 5, 2021. 9. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 10. By execution of this Agreement, in accordance with the requirements of F. S. 287- 135 and F. S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Page 2 of 4 Page 118 of 269 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. ATTEST: CITY OF BOYNTON BEACH Print Name: STEVEN B. GRANT Crystal Gibson, MMC City Clerk Title: Mayor (SEAL) Approved as to form: James A. Cherof, City Attorney ATTEST: FH QUANTUM LLC L'In Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of [_] physical presence or [_] online notarization this day of June, 2021, by as for FH Quantum LLC, Inc. (NOTARY SEAL) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced Page 3 of 4 Page 119 of 269 Exhibit "A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on July 4, 2021. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower placement) before the Event. This access may occur anytime between July 3 and July 5, 2021, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable tower lights and event parking signs on the Property for the Event. Page 4 of 4 Page 120 of 269 6.C. Consent Agenda 6/11/20211 Requested Action by Commission: Proposed Resolution No. R21-052 - Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 4th of July event to be held Sunday, July 4, 2021. Explanation of Request: The City has received permission from Journey Church to utilize their property on Federal Highway as a public parking option during the 4th of July event to be held on Sunday, July 4, 2021. How will this affect city programs or services? Parking is very limited at Intracoastal Park and this provides an additional parking option for those that would like to attend the 4th of July event. Fiscal Impact: There is no cost related to the temporary use of Journey Church property on 4th of July event be held Sunday, July 4, 2021. Alternatives: Not approve the land use agreement between the City of Boynton Beach and Journey Church for property (parking) for the City's 4th of July event that will be held on Sunday, July4, 2021. Strategic Plan: Boynton Beach Branding Strategic Plan Application: Identifying and promoting additional public parking opportunities during large City events allows more individuals to attend events. Free bus transportation to and from the 4th of July event will be provided by the City. Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 121 of 269 Type D IRESdUltion D Agireeirneint Description IRESdUltion appiro�Aing I and Use Agireeirylent with JOLAiriney Ch Ulirch for the Of JLJIy event Ipa irking I and Use, Agireeirneint with J OLAiriney ChUlirch for the Of JLAy event Page 122 of 269 1 RESOLUTION NO. R21- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 6 SIGN A LAND USE AGREEMENT WITH JOURNEY 7 COMMUNITY CHURCH, INC., FOR THE 4TH OF JULY EVENT TO 8 BE HELD JULY 4,202 1; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City plans to use the Journey Community Church, Inc., property as 12 a public parking option during the Annual 4th July Holiday event on July 4, 2021; and 13 WHEREAS, parking is limited and this site will provide an alternative for public 14 parking during the event; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to approve 17 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 18 and Journey Community Church, Inc., for the 4th of July event to be held July 4th 2021. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission hereby approves and authorizes the Mayor to 25 sign a Land Use Agreement between the City of Boynton Beach and Journey Community 26 Church, Inc., for the 4th of July Annual Event to be held July 4, 2021. A copy of the Agreement 27 is attached hereto as Exhibit "A." 28 Section 3. This Resolution shall become effective immediately upon passage. S:ACA\RESO\Agreements\Land Use Agreement with Journey Church for July 4th 2021 - Reso.docx Page 123 of 269 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 PASSED AND ADOPTED this 1st day of June, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RESO\Agreements\Land Use Agreement with Journey Church for July 4th 2021 - Reso.docx YES NO Page 124 of 269 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this _ day of June, 2021, by and between the City of Boynton Beach ("City") and Journey Community Church Inc., its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 715 S. Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-28-00-000-5030), (the "Property"); and WHEREAS, the City desires to use the parking lots located on the Property for parking for an event taking place on July 4, 2021 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. Owner is responsible for any injuries which occur on the Property as a result in a defect in the property, Owner's failure to maintain the property, and any and all other conditions which are the Property Owner's responsibility, and which cause an injury to any guest, invitee, or third party on the Property. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, and contractors, occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. Page 1 of 4 Page 125 of 269 d. The City shall also be responsible for its own negligence. e. To the extent permitted bylaw, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 6. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 7. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. This Agreement shall expire on midnight on July 5, 2021. 9. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 10. By execution of this Agreement, in accordance with the requirements of F. S. 287- 135 and F. S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Page 2 of 4 Page 126 of 269 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. ATTEST: CITY OF BOYNTON BEACH Print Name: STEVEN B. GRANT Crystal Gibson, MMC City Clerk Title: Mayor (SEAL) Approved as to form: James A. Cherof, City Attorney ATTEST: JOURNEY COMMUNITY CHURCH, INC. By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of [_] physical presence or [_] online notarization this day of June, 2021, by as for Journey Community Church, Inc. (NOTARY SEAL) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced Page 3 of 4 Page 127 of 269 Exhibit "A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on July 4, 2021. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower placement) before the Event. This access may occur anytime between July 3 and July 5, 2021, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable tower lights and event parking signs on the Property for the Event. Page 4 of 4 Page 128 of 269 6.D. Consent Agenda 6/11/20211 Requested Action by Commission: Approve minutes from the City Commission meeting on May 18, 2021. Explanation of Request: The City Commission met on May 18, 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: 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 D i liir:L.aNDS Coirnirnia:>sic. n Meeting I liir:Ult(Ds 5 18 21 Page 129 of 269 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, May 18, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Ty Penserga Commissioner Justin Katz Commissioner Woodrow L. Hay /_1:�iii Commissioner Christina L. Romelus 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:34 p.m. B. Roll Call City Clerk Gibson called the roll. A quorum was present. Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk Alan Karjalainen, Web Design Coordinator, explained how the online meeting would proceed and how the public could participate. Invocation by Pastor Chuck Brannon of Gateway Community Church. The Invocation was given by Pastor Brannon. Pledge of Allegiance to the Flag led by Mayor Grant Mayor Grant led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Item 3G added. Mayor Grant requested to add the announcement of a Memorial Day event under Announcements Community and special Events and Presentations. Page 130 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Motion Vice Mayor Penserga moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by Members of the City Commission. Commissioner Katz disclosed that he met with Jack Weir of Eastwind Development and Bradley Miller. Commissioner Hay disclosed that he met with Bradley Miller. Vice Mayor Penserga disclosed that he met with Bradley Miller and Jack Weir of Eastwind Development. He also spoke with the Home Owners Association (HOA) and surrounding breweries of Quantum Overlay Development District (QPODD). Mayor Grant disclosed that on May 6th, he attended an informational session at the new Ocean Breeze affordable housing development. On May 8th, he attended the John Lewis National Day of Action and thanked the police department for doing an excellent job with the votercade that started in Boynton Beach and ended in Lantana. On May 13th, he attended the Boynton Beach Veterans Task Force meeting. On May 14th, he attended a transit workshop held by the Transpiration Planning Agency. On May 16th, he attended the South Florida Fair for the Mayor's Day Parade. He spoke with Jack Weir of Eastwind Development in regards to the Eastwind proposal. 3. Announcements, Community and Special Events and Presentations A. Proclaim May 22-28, 2021 as National Safe Boating Week. Flotilla Commander, Shari Forman will accept the proclamation. Mayor Grant proclaimed the May 22-28, 2021 as National Safe Boating Week. Flotilla Commander, Shari Forman, was not in attendance. B. Proclaim the month of May as Asian Pacific American Heritage Month. Mayor Grant proclaimed the Month of May as Asian Pacific American Heritage Month. Takeata Pang, former President of the Chinese Association of Science, Education and Culture of South Florida, accepted the proclamation. The association is the largest Chinese community in South Florida covering from Jupiter to Key West. Ms. Tang thanked the City and the Commission for the proclamation. Winnie Tang, President of the Florida Asian Services and Vice President of Asian American Federation of Florida, thanked Vice Mayor Penserga and the Commission for Page 131 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 recognizing and supporting the contributions of Asians in this Country. Qingchuan Yoa, President of the Chinese Association of Science, Education and Culture of South Florida, was also in attendance and thanked the Commission and the City for recognizing May as Asian Pacific American Heritage Month. C. Announcement by Gary Dunmyer, Interim Director of Public Works & Engineering, regarding Tire Amnesty Week for City Residents from May 31, 2021 - June 4, 2021. Gary Dunmyer, Interim Director of Public Works and Engineering, announced Tire Amnesty Week will be May 31, 2021 to June 4, 2021. Residents can place up to eight tires on their curb and the tires will be picked up. Mr. Dunmyer did caution the residents to place the tires at least three feet away from anything that can be damaged. For further information, please contact Solid Waste/Public Works at 561-742-6200, 7:30 a.m. to 4:30 p.m., Monday through Friday. D. Announcement by Gary Dunmyer, Interim Director of Public Works & Engineering, regarding tree trimming in preparation for the approaching Hurricane Season. Mr. Dunmyer, gave directions on tree trimming during the hurricane season. Tree trimmings up to three cubic feet can be placed on the curb. Please do not mix the vegetation with construction debris or household items. For further information, please contact Solid Waste/Public Works at 561-742-6200, 7:30 a.m. to 4:30 p.m., Monday through Friday. Commissioner Hay inquired about trimming close to electrical wires. Should the residents call the City? Mr. Dunmyer responded that the citizens can call the number that was provided, yet in most cases FPL would have to be contacted to do the trimming. Vice Mayor Penserga inquired about proper disposal of mattresses. Mr. Dunmyer stated that if the mattresses are placed on the curb on bulk day, the City will pick them up. E. Announce the (Virtual) Hurricane Preparedness Information Session on Thursday, May 20, at 12 noon. Laura Lansburgh, Marketing Manager, will provide event details and how the public can register to attend. Laura Lansburgh, Marketing Manager, provided event details on the (Virtual) Hurricane Preparedness Information Session that will be held on Thursday, May 201h at noon. Topics that will be discussed are shelters, generator safety, home and property preparation tips and ADA services. Questions could be submitted in advance by emailing marketing(a)-bbfl.us. The Library will be offering a weather and hurricane Page 132 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 preparedness webinar in conjunction with the National Weather Services of Miami. The webinar will take place on Tuesday, June 8th from 6 p.m. to 7 p.m. Topics will include weather preparedness and hurricane awareness. Both programs will be recorded and will be available on the City's YouTube page. In addition, the City will be participating in the Boynton Beach Mall Annual In -Person Hurricane Expo on Saturday, May 22nd, from noon to 3 p.m. For more information, call 561-742-6010 or visit prepareboynton.com. F. Announcement by Recreation & Parks Director Kacy Young regarding the Free Pet Vaccine Clinic for Dogs and Cats in partnership with the Justin Bartlett Animal Rescue Hospital at the Ezell Hester Center on Saturday May 29th, from 9 am -3 pm. Kacy Young, Recreation and Parks Director, announced the Free Pet Vaccine Clinic for Dogs and Cats in partnership with the Justin Bartlett Animal Rescue Hospital at the Ezell Hester Center on Saturday, May 29th, from 9 a.m.- 3 p.m. For more information, contact Justin Bartlett Animal Rescue Hospital at 561-795-9990. G. Announcement by Recreation & Parks Director Kacy Young regarding the Boynton Beach Veterans Task Force hosting a Memorial Day Ceremony on Sunday May 30th at Boynton Beach Memorial Park (1611 S. Seacrest Blvd.) Starting at 2 pm. Mr. Young announced the Memorial Day Ceremony on Sunday, May 30th at Boynton Beach Memorial Park (1611 S. Seacrest Blvd.) starting at 2 p.m. Mayor Grant inquired what month is National Water Safety Month. Mr. Young responded that National Water Safety Month is the month of May. Mr. Young noted that the City did proclaim May as National Water Safety Month at the May 4th City Commission Meeting. 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) Tom Warnke, 2780 Worcester Road, Lake Worth Beach, provided an update, at the Mayor's request, on Surfing Florida Museum. The Museum has been working for over a year on implementing a proposal that was submitted by the Recreation and Parks Department to locate the Museum in the Women's Historic Club. In March, the City obtained ownership from the CRA and on March 11th, Mr. Warnke submitted a detailed proposal to the Recreation and Parks Department. On April 26th, the Recreation and Parks Advisory Board meeting included a discussion on this subject. The Recreation and Parks Advisory Board enthusiastically recommended that the item be brought to the City Manager for consideration. At the May 4th City Commission meeting, the City 4 Page 133 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Manager placed the item on the June 1 st agenda. Mayor Grant inquired if this topic was going to be on the agenda for the June 1St City Commission meeting. Lori LaVerriere, City Manager, responded that staff is looking at the proposal and there will be discussion at the June 1St City Commission meeting. 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant read the vacancies. Motion Commissioner Hay nominated Darryl Sanders as a regular member to the Employee Pension Board. Vice Mayor Penserga seconded the motion. The motion passed unanimously. B. City Commission to discuss and select Vice Mayor to serve until March 2022 municipal election. Motion Commissioner Katz moved to nominate Commissioner Hay as Vice Mayor. Vice Mayor Penserga seconded the motion. The motion passed unanimously. C. Consider the protest filed by Poseidon Dredge & Marine, Inc. for Invitation to Bid 002-2511-21 - Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project. Jim Cherof, City Attorney, gave a legal overview of the protest. Attorney Cherof stated that if a participant in the request for proposal is displeased with the outcome, they have the opportunity to challenge on technical grounds in front of the City Commission. The City Commission has the authority to dispose of the bid protest. The Commission has three options: 1. Maintain the current award with Anzco, Inc. as it stands based on the April 6, 2021 Commission decision. 2. Reject all bids and re -advertise the Boat Ramp Improvement Project. 3. Uphold the protest, reject the Award to Anzco, Inc., and award to the secondary responsive bidder, Poseidon Dredge & Marine Inc. Tim Taylor, Poseidon Dredge & Marine Inc., gave a presentation on the bid protest for the Harvey Oyer Jr. Park Boat Ramp Improvement Project. Page 134 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Mayor Grant inquired about the qualifications and wanted to know if there is a special license from the Department of Professional Regulations to be a general contractor. Mr. Taylor responded when working on the water, there are environmental permits that need to be pulled. Javier Quevedo is the Qualifier for Poseidon. John Zach, President of Anzco, stated that since 2014, Anzco has completed 42 projects for the City of Boynton Beach, including another Harvey Oyer Park project. Mr. Zach commented that he is very familiar with working with the City. Mr. Zach made it known that on the Poseidon's bid it stated that the suppliers are to be determined. This would make the bid invalid. Even though directed by the City that the supplier to be used will be Golden Marine, Anzco listed them as a supplier. Mayor Grant inquired if Anzco has done marine dredging work. Mr. Zach responded that Anzco has done bridge work. Mayor Grant inquired about where the bridge work was done. Mr. Zach responded that Anzco raised bridges in Ocean Ridge and completed work on the Camino Real bridge. Commissioner Penserga questioned why Anzco did not list any marine projects on the bid. Mr. Zach stated Anzco did marine work on older projects in 2013, 2014 and 2015. Commissioner Penserga clarified that the reason for these projects not being listed is due to the time frame. Mr. Zach stated that the bid request asked for projects that have been completed in the last three years. Commissioner Penserga questioned why Anzco listed the City as a reference when the bid clearly states not to list the City as a reference. Mr. Zach commented that he missed that in the bid. Mr. Zach continued to say that the online bid process is complicated and time consuming. Vice Mayor Hay inquired if Mr. Zach was able to give other references besides the City, who would it be. Mr. Zach responded that he would list Palm Beach County, City of Boca Raton and the City of Coral Springs. Commissioner Katz asked the City Attorney to clarify if listing the City as a reference is Page 135 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 itself disqualifying for the entire bid. Attorney Cherof responded it was not a disqualifying component of the bid. Commissioner Katz asked what would it be characterized as. Attorney Cherof stated that it could be something that the Commission can waive at the time of the award of the bid. It does happen from time to time. The Commission has waived formalities of bids and invitation to bid in the past. Commissioner Katz questioned if it is the recommendation of staff and the City Attorney to proceed with the awarded bidder. Attorney Cherof stated the Finance Director concluded that the protest could not be sustained and was moved on to the City Attorney's Office for review. It was recommended that the protest be rejected. Mayor Grant stated that he was in favor of rejecting all bids and re -advertise or to uphold the protest based on the evidence that was provided. Anzco failed to give three references and failed to give three government contracts for marine work in the last three years. Vice Mayor Hay believes that Anzco is a responsible and responsive bidder despite not providing the information that was requested in the bid. Commissioner Penserga inquired since Anzco did not list previous marina projects, how was staff able to evaluate Anzco's previous marine projects. Andrew Mack, Assistant City Manager, stated that there is a two-step process. Procurement staff determines whether the bid is qualified or unqualified. Then the Public Works staff reviewed the qualifications of the subcontracted work. Commissioner Penserga reiterated his concerns that there were no previous marine projects listed in the bid. How was staff able to evaluate previous marine work? Commissioner Katz clarified that although the projects that are listed are not marine projects, there may have been marine work done by the subcontractors. Assistant City Manager Mack replied that is correct. He said Mr. Zach mentioned, that a lot of this project is done as concrete. There is the actual slab and a floating dock that goes with it. So, Anzco is doing self -performing concrete work, which is typically what the City evaluated through those other projects, such as bridge work, or any type of rework and the work Anzco has done for the City. The specific marine work that is required through the contract specified the exact contractor to be Golden Marine. Mr. Zach stated that Anzco has used Boatlift Syntax. subcontractor for the Coral relocation in Boynton Bea& Ire Anzco also used Tetra the h. Tetra pulled the permits Page 136 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 including the environmental permits. Anzco does perform their own concrete or onsite work. But Anzco hires subcontractors that are experienced with putting in the marine equipment and doing marine work. Juan Quevedo, Qualifier for Poseidon Dredge & Marine Inc, pointed out that this is a boat ramp, not a concrete slab. This is not a typical concrete rebar. There is a Coffer Dam that is involved. There is dewatering. He stated that he did not believe his subcontractors have boat ramp experience as quoted. Mayor Grant inquired if Poseidon Dredge & Marine Inc. would use a subcontractor for the environmental coral relocation. Mr. Quevedo responded yes, Poseidon Dredge & Marine Inc. would use Tetra Tech. Commissioner Katz stated that the awarded bidder pointed out that Poseidon Dredge & Marine Inc. listed subcontractors to be determined. Mr. Quevedo commented that the bid directed them to use Golden Marine Manufacturing exclusively. There was no reason to elicit a vendor when you are told who you are going to use. Mayor Grant stated that he looked at the Poseidon Dredge & Marine Inc. website and they specialize in seawalls, boatlifts, stretching docks, tug and barge support, where Anzco is more of a general contractor and not a specialized as Poseidon Dredge & Marine Inc. Mayor Grant wants to be sure that the City is hiring the right contractor. Commissioner Katz said he appreciated everyone being there to discuss this protest. Everything he has heard leads him to go with the awarded bidder. Commissioner Katz inquired that with the review done by staff, the subcontractors of the awarded bidder are capable of doing the work. Assistant City Manager Mack responded yes, based on the qualifications of the general contractor and subcontractors that are listed in the bid, he is comfortable that Anzco can perform. Motion Vice Mayor Hay moved to maintain the current award to Anzco. Commissioner Katz seconded the motion. Motion failed with a vote of 2-2 (Nay - Mayor Grant and Commissioner Penserga). Mayor Grant inquired if the Commission would have to make a motion to uphold the protest. Attorney Cherof replied alternatively there would be a motion to reject bids and re - advertise. Page 137 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Commissioner Katz inquired if the Commission rejects all bids and re -advertises the bid there is no legal action that can be taken. Vendors would have to resubmit their bids and reengage in the process. Attorney Cherof responded there is always a chance of legal action. You cannot control what people will file in court to perpetuate their point of view. Mayor Grant inquired when does the grant expire. Assistant City Manager Mack responded that the grant will expire in September 2022. Vice Mayor Hay remarked that it seems to be unfair now that vendors know how the each responded to the bid. Attorney Cherof stated that It may cost more money when we go out to bid; it is not unusual for that to occur. The positive aspect of rejecting the bids and going back out is with respect to the integrity of the procurement process. The City is demonstrating to the public that, in the event of a protest, which is permitted under City procedures, and essentially everywhere that if somebody makes a case, issues are raised, the Commission has the right to reject all bids. He reiterated that the Commission did not have to award the contract. They may have found that in having listened to all, there are some inconsistencies in the way that it was processed, the City is starting over and he would expect that if it returns to the Commission that all of those inconsistencies will be resolved. Vice Mayor Hay inquired if the three bidders can resubmit the bids with different figures, if they wanted to. Mayor Grant stated the Commission has two options: 1. Reject all bids and re -advertise Boat Ramp Improvement Project. 2. Uphold the protest, reject the award to Anzco, Inc., and award to the secondary responsive bidder Poseidon Dredge & Marine Inc. Assistant City Manager Mack requested clarification on there is no room for awarding past the lowest bid. Mara Frederiksen, Finance Director, stated that the City did give that as an option. If the City rejects this one as being non-responsive, the City cannot go to the second one. Commissioner Katz inquired if all bids are to be rejected how quickly can this be reissued as an RFP and the process to select a bidder. Assistant City Manager Mack responded that it could be done in 30 to 45 days, with advertising and opening the bids. E Page 138 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Commissioner Katz clarified that if the action taken today is to reject all bids and re -issue, the RFP we would definitively have time. Commissioner Penserga stated he supports the protest. The current applicant Anzco did not complete the ITB correctly. Not citing all of your refences is a bad indicator. If the subcontractor is what really matters here maybe an ITB should be done for subcontractors. He said that when a project is this important, he would like to have someone who is a specialist in doing this type of project and it might be worth the additional expense. He is willing to put the cost a little bit higher because the expertise and experience the protester brings and does not believe that anything significant would come out of re -advertising the ITB. Assistant City Manager Mack inquired if the qualifier for Poseidon used to be a qualifier for Palm Beach Marine that has done business with the City. Mr. Quevedo responded that is correct. Assistant City Manager Mack commented that Mr. Quevedo was the qualifier for the company that did the Oceanfront Park project. What was the outcome of that park? Mr. Quevedo responded that he does not recall the outcome. There were different qualifiers on the project, Mr. Quevedo does not believe he was the qualifier for that part of the project. Assistant City Manager Mack stated the reason he is asking is that Palm Beach Marine did a project for the City at Oceanfront Park and went bankrupt through the City during the project. Commissioner Penserga remarked why wait until the end. Assistant City Manager Mack responded that he wanted to make sure that the Commission had all the facts. Commissioner Penserga remarked that he is no longer comfortable putting forward the motion of being in favor of the protester. He would like more time to evaluate the situation. Commissioner Katz stated that the fairest way to proceed is to reject all bids. Motion Commissioner Katz moved to reject all bids. Vice Mayor Hay seconded the motion. The motion passed unanimously. Vice Mayor Hay inquired about the timeframe again. 10 Page 139 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Assistant City Manager Mack responded that it could be done in 30 to 45 days, with advertising and opening the bids. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Authorize utilizing the NASPO Valuepoint Agreement 43220000-NASPO- 19-ACS under Master Agreement AR3189 and AR3230 for the purchase of equipment and NCPA 01-97 for services for network equipment replacement from StepCG in the amount of $49,301.51. B. Authorize utilizing State Law Enforcement Trust Fund (LETF) monies in the amount of $15,000.00 for the purchase of gift cards and other weapon safety products to incentivize and encourage firearm owners to safely. Mayor Grant pulled this item for discussion. Police Chief Gregory talked about the gun buyback program. If there are residents that no longer want a gun, they can come to the Police Department to turn in the gun and receive a gift card. There is also an education component of the program as well. Mayor Grant thanked Chief Gregory for starting this program with the City. Vice Mayor Hay inquired about safety devices for guns. Chief Gregory responded that a safety device is a trigger lock that can be utilized to prevent a gun from being fired. Commissioner Penserga stated that safe gun storage is a major issue. Many incidents have occurred due to improper storage. Will the City be doing anything to address this? Chief Gregory replied that the Police Department can look into providing information on safe storage. Right now, the City is only doing gun locks. The Police Department will provide a list of retailers where gun storage boxes can be purchased. Motion Vice Mayor Hay moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. C. Proposed Resolution No. R21-044 - Approve award and authorize the City Manager to sign a Hurricane Commissary Contract between The City of Boynton Beach and Catering Solutions LLC to provide food for city Page 140 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 employees in the event of a hurricane not to exceed $34,999.00. D. Proposed Resolution No. R21-045 -Approve the temporary road closure of the lanes in the 2000 Block of State Road 5 (Federal Hwy) - 700 feet of the right lane heading Northbound and 400 feet of the left lane heading Southbound on Sunday, July 4, 2021 for the annual 4th of July event, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. E. Approve a change order to purchase order #210290 with Globaltech, Inc. in the amount of $28,374.00 to perform a disinfection by-products study at the East Water Treatment Plant. Upon approval of the change order, the revised total purchase order amount will be $59,874. Vice Mayor Hay pulled this item for discussion. Vice Mayor Hay inquired about the cost and was concerned that there was an issue with the East Water Treatment Plant. Joe Paterniti, Utility Director, stated that the change order is for the study of new application point of the disinfection. This will provide a higher level of safety in disinfection of the finished water. Motion Vice Mayor Hay moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. F. Approve an award to Atlantic Southern Paving and Sealcoating, LLC in the amount of $75,288.80 for the purpose of installing temporary traffic calming measures (speed humps/signage) in the Forest Park Neighborhood. G. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for May 18, 2021 - "Request for Extensions and/or Piggybacks." H. Accept the written report to the Commission for purchases over $10,000 for the month of April 2021. Proposed Resolution No. R21-046 -Approve interlocal agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for improvements to the Sara Sims Park amphitheater. Vice Mayor Hay pulled this item for discussion. Vice Mayor Hay inquired about the timeline of the amphitheater improvements. Mr. Dunmyer stated that this project is in the process of being permitted. The project will 12 Page 141 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 start on July 6t" and it will take about 120 days. Mayor Grant commented that the MILK I Have a Dream event is scheduled to take place in August at Sara Sims. Is the City planning on moving the location? Eleanor Krusell, Marketing and Communications Director, was not aware of the timeframe of the Sara Sims amphitheater improvements and said she will get back to the Commission with a new location of the event. Motion Vice Mayor Hay moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. J. Proposed Resolution No. R21-047 -Approve interlocal agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the design costs for construction improvements to the Historic Women's Club of Boynton Beach. K. Proposed Resolution No. R21-048 -As part of the approval of the two (2) interlocal agreements between the City and the CRA for improvements at Sara Sims Amphitheater and design costs for improvements at the Historic Women's Club of Boynton Beach, it is necessary to amend the Fiscal Year 2020-2021 Capital Improvement Fund (302) budget, which will adjust budgeted appropriations and revenue sources. L. Approve utilizing the Palm Beach County contract, Bid No. 19-024/MB for Sulfuric Acid 93% - Purchase and Delivery with Sulphuric Acid Trading Company, Inc (SATCO) with the same terms, conditions, specifications and pricing. The anticipated annual expenditure for the purchase of sulfuric acid is $90,000. M. Approve minutes from the City Commission meetings on April 20, 2021 and May 4, 2021. Motion Commissioner Penserga moved to approve the rest of the Consent Agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over $100,000 A. Proposed Resolution No. R21-049 -Approve and authorize the City Manager to sign a First Amendment to the Interlocal Agreement between the City of Boynton Beach and Florida International University for the Racial and Social Equity Comprehensive Community Needs Assessment and detailed Policy Recommendations. 13 Page 142 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Commissioner Penserga pulled this item. Commissioner Penserga requested an update on the assessment. David Scott, Director of Economic Development and Strategy, gave an overview of the amendment. Initially, the City contributed $20K dollars towards the project with the remaining $105k to be achieved through grant applications. This will allow the City to proceed with the project and continue the work and close the financing gap with City funds. Of the $105k dollars, $60k dollars will be reimbursed back to the City. Originally, the City had anticipated for this project to be complete within six months. Because of the grant process, the City is asking for an extension to the end of this year. Dr. Maria Ilcheva, Assistant Director of Planning and Operations, FIU, gave a presentation on the progress and timeline of a Racial and Social Equity Comprehensive Community Needs Assessment. Mr. Scott stated that the intention is to have those policy recommendations available before the budget workshop meetings. Mayor Grant inquired if the policy recommendations are for next year's budget. Mr. Scott responded that is correct the policy recommendations come out at the beginning of 2022 and will inform the budget process for the following year. Motion Commissioner Penserga moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R21-050 - Authorize the City Manager to sign the annual service agreement with Motorola, Inc. in the amount of $142,863.64 for the continued maintenance and repair of the City's radio telecommunications system as a single source vendor. C. Approve the issuance of a purchase order to Homrich Corporation utilizing the City of Boynton Beach Pre -Qualification of Contractors Minor Construction Services Bid No. 028-2511- 20/RW for $150,000.00 to enhance the existing Sara Sims Amphitheater. D. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for May 18, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." E. Approve Phase II of task order UT -3E-01 with West Architecture and Design, LLC, in the amount of $124,040.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E to perform the final design and permitting for the reconstruction of Pence Park. 14 Page 143 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Vice Mayor Hay pulled this item Vice Mayor Hay inquired about what is being reconstructed in Pence Park Assistant City Manager Mack responded that this is one of the oldest parks in the City and the City has not done much to it. Instead of repairing things, the City looked at what it would take to rehab the entire park. The City did a preliminary design with West Construction. City Manager LaVerriere stated it is important for the Commission to understand that the City is going to complete the design work. At this point in time, the City does not have the funding in the Capital Program to construct the improvements. The approach was to get the design completed and to be ready to construct as potential grants come in. Assistant City Manager Mack commented that this will also give the City the advantage of phasing in the work and break it up into parts that are economically feasible for the City. Mr. Dunmyer stated the way Pence Park is designed, the City can do the work in phases. The City has eliminated the road that was along the railroad tracks increasing the parking. The increased parking will formalize the parking at the park. A walking path around the park will be added as well as restrooms. Commissioner Penserga inquired about the total cost of the park. Mr. Dunmyer responded that the cost will be roughly $2.9M dollars. Mayor Grant was concerned about placing a walking path next to the railroad tracks with no fence. This would need to be reviewed for crime prevention through environmental design. He requested additional information on who Mr. Pence was. He stated that he was looking forward to the design review, however the City needs to be sure that this is what the community wants. Mr. Dunmyer commented that he has met with the residents in the area and has received community input and feedback about the park. The drawing we are looking at is just the preliminary drawing that we used to start a conversation. As we develop the construction drawings the City will take all this into account. City Manager LaVerriere inquired if Brightline was supposed to be installing fencing along the corridor. Assistant City Manager Mack responded that there were discussions at one time that Brightline was going to fence the whole corridor. City Manager LaVerriere suggested reaching out to Brightline regarding the fencing. Mayor Grant commented that he is okay with using aggressive plants instead of fencing. Using aggressive plants would be less maintenance for the City. 15 Page 144 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Motion Vice Mayor Hay moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Penserga moved to approve the rest of the Consent Agenda for Bids and Purchases Over $100,000. Commissioner Katz seconded the motion. The motion passed unanimously. 8. Public Hearing - None 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report - None 10. Unfinished Business - None 11. New Business A. Commission to discuss and approve FY 2021/2022 Budget Workshop dates and times. City Manager LaVerriere commented July 12th 13th, and 14th are the dates that have been set aside for the Budget Workshops. The start time for these meetings will stager to allow the public to attend. The first meeting on Monday July 12th will start at 5 p.m., the second meeting on Tuesday July 13th will start at 10 a.m. and if needed Wednesday July 13th starting at 2 p.m. Mayor Grant requested that Monday's meeting start at 5:30 p.m. to allow people to leave work and get there for the start of the meeting. There was a Commission consensus for the following dates and times: Monday July 12th at 5:30 p.m., Tuesday July 13th at 10 a.m. and if needed, Wednesday July 13th at 2 p.m. 12. Legal A. Proposed Ordinance No. 21-016 First Reading -Approve amendments to Advisory Board Ordinance amending Chapter 27, "Advisory Boards and Committees", Section 27-2 providing for selection of the Chair and Vice - Chair; and amending Section 27-22 "Definitions" to correct a scrivener's error. 16 Page 145 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Attorney Cherof read proposed Ordinance No. 21-016 into the record by title only, on First Reading. Motion Vice Mayor Hay moved to approve. Commissioner Katz seconded the motion. Michael Simon, Community Redevelopment Agency, inquired about how will this affect the boards that may have or may not have appointed Chair or Vice -Chair. Attorney Cherof replied until the Ordinance passes on second reading, the Commission still has the authority to appoint the Chair and Vice -Chair. The Commission tabled those appointments until the Ordinance passes on second reading. Under the new language of the Ordinance the boards would select the Chair and Vice -Chair and then the Commission would ratify those appointments. Clerk Gibson called the roll. The vote was 4-0. B. Proposed Ordinance No. 21-017 First Reading -Approve ordinance dissolving the Quantum Park Overlay Dependent District ("District") pursuant to Section 189.07(1), Florida Statutes, and expressing intent that the City of Boynton Beach will not assume any expenses of the District. Attorney Cherof read proposed Ordinance No. 21-017 into the record by title only, on First Reading. Commissioner Penserga stated that he has spoken to residents and HOA leaders of the Parkside Community and local businesses, particularly the breweries. The consensus was it is time for this Quantum Park Overlay Development District (QPODD) to be shut down. This district has existed for way too long, and since its assets and its maintenance has now been transferred over to the City, there is no reason to continue an extra layer of government which no one attends to, to continue paying for the secretary and a website and all of the things that QPODD does. Mayor Grant asked Commissioner Penserga if he wants to dissolve QPODD before tax rolls go out for this fiscal year. Commissioner Penserga responded yes. Mayor Grant stated he is not in favor of moving forward with that option. The City has reduced the assessment by half. In addition, when the City took over QPODD Management, there is additional costs that the City was unable to recover through FEMA because of Hurricane Irma. The breweries and the residential areas make up a third of the component of the QPODD. There is multiple rentals, multiple industrial properties 17 Page 146 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 and Publix distribution, which makes up a big chunk of that. Making sure that Eco Park that QPODD has been wanting is contributing to this new park for the operation and maintenance of it. The City has determined that it is not in this year's budget to move forward with it because of the upkeep of that park is over 40 acres. That is why I'm in favor of keeping the assessment that QPODD Management has decided on. Commissioner Katz commented that at the recent QPODD Board meeting, there was a similar conversation and he agrees with Mayor Grant yet he understands Commissioner Penserga's position. It has been a weirdly satisfying and unique aspect of this job for the past five years to pursue solutions to what were gross problems with the management of QPODD, and the individuals who had been in charge of it for number of years. For the past five years, myself and the Mayor have dug into the issues with QPODD. The City called for a state investigation by the IG to help look into and pursue the violations of law and ethics that occurred. During past five years, the City has disposed of the bad actors and dramatically reduced the taxes. As the Mayor pointed out by the City acting as the board of the Quantum Park the assessment will no longer exist in one year's time. He added that he does sympathize with homeowners and the small business owners who are impacted by this tax, but by the virtue of their limited footprint in terms of acreage, the City has reduced the assessment dramatically, whereas Publix and other large entities are the ones who share the burden of the tax. Commissioner Penserga stated that he knows how important Joe Crowder Dog Park is to Commissioner Katz. Is that park exclusively funded by the residents in the surrounding area or is that park funded by everyone who enjoys the park? Commissioner Katz responded that the Joe Crowder Dog Park is funded by the Master Association. Commissioner Penserga admitted using Joe Crowder Dog Park was a bad example. He inquired if a park is to be enjoyed by everybody, why would we only assess the people who live there it makes no sense? The other solution is that the City is going to be receiving almost $15M dollars from the American Rescue plan and the City can use that for projects that are not currently in the budget. The City can use the American Rescue Plan to support Pence Park and use it for Quantum Eco Park. This way the City does not have to continue to assess these residents. Commissioner Katz stated that he understands the position. At the recent QPODD meeting, it was noted that the City will still have the opportunity in late July or early August to further reduce or eliminate the tax, if the City does receive funding for the Park. At this point in time he would vote against it unless there was a 100% guarantee that the City would be receiving funding for the Park. Commissioner Penserga commented that the City should not continue paying for an attorney, for staff, for a website and other miscellaneous things. What happens if the City does not get the funding? Do we extend the assessment for another five years? What if Page 147 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 the park plans change? Does the City just keep extending the assessment? At what point will this be shut down? There are too many variables and we do not even have to go down this road at all because of the American Rescue Plan. We do have funds coming to make substantial investments and we can take the tax burden off the residents. Mayor Grant responded that the City can dissolve it at the first meeting in January in 2022. That was always the plan that the final assessment would be in 2021. In addition, there is only a finite number of funds. If the money is coming from somewhere else, that means the City is not going to have the money to do other things at this point. Commissioner Penserga mentioned economic activity, parks normally do not add much economic activity unless the City is planning on putting in some sort of revenue generator there. The current passive park is not supposed to be revenue generating. Commissioner Penserga disagreed with the Mayor and stated that parks are a revenue generator, they attract people to the area and they improve property values. People are going to want to come here, especially if the City has a high-quality park. Mayor Grant inquired if this Ordinance is denied, when can it be brought back to the Commission? Commissioner Katz stated that he will commit to the current plan with understanding that there is a grant available in conjunction with the final tax revenue year. The City is in striking distance of an achievable amount that the City can cover. To the concern about extending the district beyond this current year, that is not the intention. The grant the Commission is talking about the City will know something during the course of the next year. Assistant City Manager Mack responded that the City has already applied for the grant. The award will be in October and we will know then if the City got the grant for $400k. Commissioner Katz stated that if the City does get the grant that is great. It gets the City closer to the funding of the startup costs for the park. If the City does get the grant, he is in favor of dissolving the district at that time. Mayor Grant noted that the City is not receiving the full American Rescue Plan of $15M this year. The City will receive half this year and the remaining half next year. Mayor Grant agreed with Commissioner Penserga that the American Rescue Plan could be used to fund the park. Commissioner Penserga stated he will move to approve even though he is not going to get the votes. This is an unnecessary and useless layer of government which no one attends to. The assets and the maintenance have already been transferred to the City so the residents are paying twice. Motion 19 Page 148 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. Vote Clerk Gibson called the roll. The vote was 2 to 2 and the motion failed (Nay - Mayor Grant and Commissioner Katz). 13. Future Agenda Items A. First Reading of Ordinance regarding Monuments on City Property - June 1, 2021 B. Post -Session Legislative Debriefing from the City Lobbyist, Mat Forrest of Ballard Partners - June 1, 2021 C. Vice Mayor Penserga requested information regarding the rental procedures for city facilities. - June 1, 2021 D. Hear presentation from City staff on Neighborhood Traffic Calming Program - June 15, 2021 E. Approval of Lease Agreements for City Hall Innovation Space and Cafes Operators - June 15, 2021 F. Staff to provide an update on the COVID-19 Vaccine Distribution - June 15, 2021 G. Vice Mayor Penserga has requested the Commission explore ideas for new Economic Development incentive programs - June 2021 H. Discussion on options and alternatives for public meeting record archives. - June 15, 2021 Vice Mayor Penserga requested a discussion regarding a City Mural Program - June 2021 J. Staff to present Resolution adding reversionary language to Planning and Zoning applications. - July 6, 2021 K. Mayor Grant requested information on the water quality of canal systems within the City. Staff is requesting SFWMD to present this information - July 6, 2021 L. Staff to provide an update on the American Rescue Plan - July 6, 2021 20 Page 149 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 M. Update from staff on Head Start lease options - July 20, 2021 N. Discussion on funding for expanding Wi-Fi to City parks. - Will be presented during Budget Workshops Mayor Grant requested more information on the Senior Center. City Manager LaVerriere requested clarification on what type of information regarding the Senior Center. Mayor Grant replied he received an email asking when the Senior Center would be opened. City Manager LaVerriere responded that the City is ready to open the Senior Center. Mayor Grant requested to have masks to be available at the City Commission Meetings. He also requested a feasibility study update on moving forward with arena and an update from Washington Prime. Mayor Grant asked the Commission if they wanted to spend the money on the feasibility study. Commissioner Penserga stated that he is open to hearing the update. City Manager LaVerriere stated that she would provide the cost estimate that was provided by the County and Washington Prime before Covid hit. Mayor Grant requested an update from Washington Prime and if they are still a willing partner. City Manager LaVerriere suggested to invite Washington Prime to a Commission meeting to provide an update. Mayor Grant stated that the property was rezoned in 2019 for mixed-use. If there is something he can do to move forward with the redevelopment of that parcel he would like to do it. Especially if the City has American Care Rescue Plan Funds to help out. City Manager LaVerriere stated that the original $14.9M was an estimate given by the Treasury. The actual calculation based on CDBG, the City will be receiving $13.6M. City Manager LaVerriere inquired about removing the City Mural Program from Future Agenda Items. The program has been shifted over to the Art Advisory Board. Commissioner Penserga responded that he is still interested in having a discussion on the City Mural Program. Vice Mayor Hay asked about the lighting at Oceanfront Park. 21 Page 150 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 City Manager LaVerriere stated that you cannot have the lights on at night because of the sea turtles nesting. Assistant City Manager Mack commented that the City is repairing some of the lights at the Park. Vice Mayor Hay commented that it is too dark and he is concerned about the safety of the citizens. Is there something the City can do? Assistant City Manager Mack stated that boardwalk lighting had been installed in the past. The ocean environment is harsh on the infrastructure at the Park. Therefore, the City did not replace the boardwalk lighting. The City can look into an alternative. The City will need permission from the Department of Environmental Protection (D.E.P.) as there are strict guidelines that need to be followed. City Manager LaVerriere questioned why the Park was opened after dark. The City may want to review the Park hours. Assistant City Manager Mack stated that he would take a ride out there at night and see what is going on. Alan Karjalainen, 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. Boynton -Beach.0rg. This concludes tonight's meeting. 14. Adjournment There being no further business, Mayor Grant adjourned at 8:25 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner—Justin Katz 22 Page 151 of 269 Meeting Minutes City Commission Boynton Beach, FL May 18, 2021 ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk 23 Commissioner— Christina Romelus Commissioner — Ty Penserga Page 152 of 269 7.A. Requested Action by Commission: Proposed Resolution No. R21-053 - Approve and authorize the City Manager to sign all required documents for the purchase of 135 TASER 7 "Smart Tasers" from Axon Enterprise, Inc. of Scottsdale, AZ; and enter into a five (5) year purchase plan with Axon Enterprise, Inc. with yearly payments; $108,250.00 for the first year, and $103,500.00 each year thereafter for a total of $522,250.00 over the five (5) year period. Explanation of Request: The Police Department previously implemented an Axon Taser less -lethal device program as an alternative level of force for Police Officers. This request is to purchase 150 TASER 7 "Smart Tasers" CEW (Conducted Electrical Weapon) for the Police Department to replace existing devices which are at end -of -life. Axon Enterprise, Inc. is offering special pricing by entering into the 5 year purchase plan. How will this affect city programs or services? This purchase will allow the department to replace all current Tasers at once which are at end -of -life. This less -lethal device program would continue. Fiscal Impact: Budgeted Funding has been approved from: Other Contractual Services Fund Account #: 001-2112-521-49-17 for taser replacements in the amount of $108,250.00 that can be utilized for the first annual installment. Alternatives: Should this purchase not be approved, this less -lethal force option would be taken away as a tool for police officers to use to de-escalate and safely resolve incidents. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Axon Enterprise, Inc. Start Date: Page 153 of 269 End Date: Contract Value: $522,250.00 Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type D IRESOkAtioin DAg ir e e rne in t D QLAOUDS D SOkD Sc. LAirce II.....e tte ir D SOkD Sc. LAirce II.....e tte ir D Attachirneint Description IRESOkAtioin appiro. Aing T,'.."iseir Agireeirneint with ON ON fl'..-iseir Agireeirneint F:::iinal� Axon Enterprise, Ilinc, QLAOtE. SOkD Sc. LAirce Axon Enterprise, Il inc , Sole Sc. LAirce Axon Enterprise, Ilinc, IC. irc.:dL.aCt IFlatent Page 154 of 269 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN ALL REQUIRED DOCUMENTS FOR THE PURCHASE OF 135 TASER 7 "SMART TASERS" FROM AXON ENTERPRISE, INC. OF SCOTTSDALE, AZ; AND ENTER INTO A FIVE (5) YEAR PURCHASE PLAN WITH AXON ENTERPRISE, INC. WITH YEARLY PAYMENTS; $108,250.00 FOR THE FIRST YEAR, AND $103,500.00 EACH YEAR THEREAFTER FOR A TOTAL OF $522,250.00 OVER THE FIVE (5) YEAR PERIOD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Police Department previously implemented an Axon Taser less - lethal device program as an alternative for Police Officers when that level of force is required; 18 and 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, this request is to purchase 150 TASER 7 "Smart Tasers" CEW (Conducted Electrical Weapon) for the Police Department to replace existing devices which are at end -of -life; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve and authorize the City Manager to sign all required documents for the purchase of 135 TASER 7 "Smart Tasers" from Axon Enterprise, Inc. of Scottsdale, AZ; and enter into a five (5) year purchase plan with Axon Enterprise, Inc. with yearly payments; $108,250.00 for the first year, and $103,500.00 each year thereafter for a total of $522,250.00 over the five (5) year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. S:ACA\RESO\Agreements\Taser Agreement With AXON - Reso.Docx Page 155 of 269 32 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 33 approves and authorizes the City Manager to sign all required documents for the purchase of 34 135 TASER 7 "Smart Tasers" from Axon Enterprise, Inc. of Scottsdale, AZ; and enter into a 35 five (5) year purchase plan with Axon Enterprise, Inc. with yearly payments; $108,250.00 for 36 the first year, and $103,500.00 each year thereafter for a total of $522,250.00 over the five (5) 37 year period, a copy of which Agreement is attached hereto as Exhibit "A." 38 Section 3. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this 1st day of June, 2021. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ATTEST: 58 59 60 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 66 (Corporate Seal) 67 68 Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga VOTE YES NO S:ACA\RESO\Agreements\Taser Agreement With AXON - Reso.Docx Page 156 of 269 AXON Axon Enterprise, Inc.'s TASER 7 �.� Agreement This TASER 7 Agreement ("Agreement") applies to Agency's TASER 7 purchase from Axon Enterprise, Inc. ("Axon"). Agency will receive TASER 7 Conducted Energy Weapon ("CEW') hardware, accessories, warranty, and services documented in the attached Quote Appendix ("Quote"). Term. The start date is based on the initial shipment of TASER 7 hardware ("Start Date"). If shipped in the first half of the month, the Start Date is the 1st of the following month. If shipped in the last half of the month, the Start Date is the 15th of the following month. The TASER 7 term will end upon completion of the associated TASER 7 subscription in the Quote ("Term"). If the Quote has multiple TASER 7 ship dates, each shipment will have a 60 -month term, starting on the shipment of TASER 7 as described above. 2 TASER 7 Duty Cartridge Replacement Access. If the Quote includes "TASER 7 Duty Cartridge Replacement Access License", this section applies. The cost of the TASER 7 Duty Cartridge Replacement Plan for each CEW user is included in the Agency's fees paid pursuant to this agreement. A CEW user includes officers that use a CEW in the line of duty and ones that only use a CEW for training. Agency may not resell cartridges received under any TASER 7 plan. Axon will only replace cartridges used in the line of duty. 3 Training. The Quote includes two annual instructor training vouchers and one annual master instructor voucher. Agency must use the voucher within 1 year of issuance, or the voucher will be void. During the Term, Axon will issue Agency a voucher annually beginning on the Start Date. The voucher has no cash value. Agency cannot exchange it for another product or service. If the Quote includes Axon Online Training or Virtual Reality Content (collectively, "Training Content"), Agency may access Training Content during the Term. Axon will deliver all Training Content electronically. Unless stated in the Quote, the voucher does not include travel expenses incurred by the Agency in attending such trainings and will be Agency's responsibility. 4 Payment. Unless specified in the Quote, Axon will invoice Agency on the Start Date and then on the Start Date anniversary during the Term, if annual payments are elected. Payment is due net 30 days from the invoice. Payment obligations are non -cancelable. Agency will pay invoices without setoff, deduction, or withholding. Unless Agency provides Axon a valid and correct tax exemption certificate applicable to the purchase and ship -to location, Agency is responsible for all taxes associated with the order. 5 Shipping. Axon may make partial shipments and ship from multiple locations. All shipments are FOB shipping pointvia common carrier. Title and risk of loss pass to Agency upon Axon's delivery to the common carrier. Agency is responsible for any shipping charges in the Quote, if any. If the Quote includes future deliveries of hardware, Axon will ship hardware to Agency's address on the Quote. 6 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 7 Hardware Limited Warranty. Axon warrants that Axon -manufactured hardware is free Title: BB Taser Agreement 5-26 (Final) (00447106.DOCX;6) Page 1 of 12 Department: Legal Version: 2.0 Release Date: 11/20/2019 Page 157 of 269 AXON Axon Enterprise, Inc.'s TASER 7 �.� Agreement from defects in workmanship and materials for 1 year from the date of Agency's receipt. Axon warrants its Axon -manufactured accessories for 90 -days from the date of Agency's receipt. Used CEW cartridges are deemed to have operated properly. Non -Axon manufactured Devices are not covered by Axon's warranty. Agency should contact the manufacturer for support of non -Axon manufactured hardware. For purposes of clarity, Safariland holsters listed in the Quote are Axon -manufactured accessories. If Axon receives a valid warranty claim for Axon manufactured hardware during the warranty term, Axon's sole responsibility is to repair or replace the hardware with the same or like hardware, at Axon's option. Replacement hardware will be new or like new. Axon will warrant the replacement hardware for the longer of (a) the remaining warranty of the original hardware or (b) 90 -days from the date of repair or replacement. If the Quote includes an extended warranty, the extended warranty coverage begins on the Start Date and continues for the Term for the hardware covered by the extended warranty on the Quote. If Agency exchanges hardware or a part, the replacement item becomes Agency's property, and the replaced item becomes Axon's property. Before delivering hardware for service, Agency must upload hardware data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the hardware sent to Axon for service. 8 Warranty Limitations. Axon's warranty obligations exclude damage related to (a) failure to follow instructions on product's use; (b) products used with products not manufactured or recommended by Axon; (c) abuse, misuse, intentional, or deliberate damage to the product; (d) force majeure; (e) products repaired or modified by persons other than Axon without the written permission of Axon; or (f) products with a defaced or removed serial number. To the extent permitted by law, the warranties and remedies set forth above are exclusive and Axon disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. Axon's cumulative liability to any party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either party be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 9 Spare Products. Axon may provide Agency a fixed number of spares for TASER 7 hardware in the Quote ("Spare Products"). Spare Products will replace non-functioning units. If Agency Title: BB Taser Agreement 5-26 (Final) (00447106.DOCX;6) Page 2 of 12 Department: Legal Version: 2.0 Release Date: 11/20/2019 Page 158 of 269 AXON Axon Enterprise, Inc.'s TASER 7 �.� Agreement uses a Spare Product, Agency must return non-functioning units to Axon, and Axon will repair or replace the non-functioning unit. If Agency does not return Spare Products to Axon within 30 days of termination of this Agreement, Axon will invoice Agency the MSRP then in effect for all unreturned Spare Products. 10 Trade -In. If a trade-in discount is on the Quote, Agency must return used hardware and accessories associated with the discount ("Trade -In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay the shipping costs of the return. If Axon does not receive Trade -In Units within the timeframe below, Axon will invoice Agency the value of the trade-in discount. Agency may not destroy Trade -In Units and receive a trade-in discount. 11 Agency Size Days to Return from Start Date Less than 100 officers 30 days 100 to 499 officers 90 days 500+ officers 180 days Product Warnings. See www.axon.com/legal for the most current Axon product warnings. 12 Design Changes. Axon may make changes in the design of any of Axon's products and services without notifying Agency or making the same change to products and services previously purchased. Axon may replace end of life products with the next generation of that product without notifying Agency. 13 Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency's TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: 13.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given. 13.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non -appropriations, Axon will not invoice Agency if Agency returns the CEW, battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination. The Agency will provide notice of such non -appropriations within thirty (30) days of determining that funds needed to maintain this agreement have not been appropriated. 13.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. 14 Delays. Axon will use reasonable efforts to deliver products and services as soon as practicable. If delivery is interrupted due to causes beyond Axon's control, Axon may delay or terminate delivery with notice. 15 Proprietary Information. Agency agrees Axon has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and Title: BB Taser Agreement 5-26 (Final) (00447106.DOCX;6) Page 3 of 12 Department: Legal Version: 2.0 Release Date: 11/20/2019 Page 159 of 269 6� Axon Enterprise, Inc.'s TASER 7 Agreement designs that constitute Axon products and services. Agency will not directly or indirectly cause any proprietary rights to be violated. 16 Confidentiality. The Agency is public agency subject to Chapter 119, Florida Statutes. Axon shall comply with Florida's Public Records Law. Specifically, Axon shall: 16.1. Keep and maintain public records required byAgencyto perform the service; 16.2. Upon request from Agency's custodian of public records, provide Agencywith 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; 16.3. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the Agreement, Axon shall destroy all copies of such confidential and exempt records remaining in its possession once Axon transfers the records in its possession to the Agency; and 16.4. Upon completion of the Agreement, Axon shall transfer to the Agency, at no cost to the Agency, all public records in Axon's possession. All records stored electronically by Axon must be provided to the Agency, upon request from the Agency's custodian of public records, in a format that is compatible with the information technology systems of the Agency. 16.5. IF AXON HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO AXON'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK - CITY OF BOYNTON BEACH 100 EAST OCEAN AVENUE, BOYNTON BEACH, FLORIDA, 33435 561-742-6061 CITYCLERK@BBFL.US 17 Export Compliance. Each party will comply with all import and export control laws and regulations. 18 Assignment. Agency may not assign or transfer this Agreement without Axon's prior written approval. 19 Governing Law: Venue. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute that might arise between the parties. The United Nations Convention for the International Sale of Goods does not apply to thisAgreement. Title: BB Taser Agreement 5-26 (Final) (00447106.DOCX;6) Page 4 of 12 Department: Legal Version: 2.0 Release Date: 11/20/2019 Page 160 of 269 AXON Axon Enterprise, Inc.'s TASER 7 �.� Agreement 20 E -Verify. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Effective January 1, 2021, Axon was required to register with and use the E -Verify system in order to verify the work authorization status of all newly hired employees. Axon has registered for and utilized the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: • All persons employed by Axon to perform employment duties within Florida during the term of the Agreement; and • All persons (including subvendors/subconsultants/subcontractors) assigned by Axon to perform work pursuant to the Agreement with the City of Boynton Beach. Axon acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the Agreement is a condition of the Agreement with the City of Boynton Beach; and • Axon shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Axon shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Axon shall maintain a copy of such affidavit for the duration of the Agreement. 20.1. Contract Termination 20.1.1. If the Agency has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the Agreement shall be terminated. 20.1.2. If the Agency has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Axon otherwise complied with s. 448.095 (2) Fla. Stat., Agency shall promptly notify Axon and order Axon to immediately terminate the contract with the subcontractor. 20.1.3. A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. 20.1.4. Any challenge to termination under this provision must be filed in the Circuit Court of Palm Beach County no later than 20 calendar days after the date of termination. 20.1.5. If the Agreement is terminated for a violation of the statute by Axon, Axon may not be awarded a public contract by the Agency for a period of 1 year after the date of termination. Title: BB Taser Agreement 5-26 (Final) (00447106.DOCX;6) Page 5 of 12 Department: Legal Version: 2.0 Release Date: 11/20/2019 Page 161 of 269 AXON Axon Enterprise, Inc.'s TASER 7 �.� Agreement 21 Scrutinized Companies. By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Axon certifies that Axon is not participating in a boycott of Israel. Axon further certifies that Axon is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Axon been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the Agency will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The Agency shall provide notice, in writing, to Axon of the Agency's determination concerning the false certification. Axon shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Axon shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Axon does not demonstrate that the Agency's determination of false certification was made in error then the Agency shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 22 Entire Agreement. This Agreement, including the appendices, represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc. Signature: Name: Title: Date: Agency Signature: Name: Title: Date: Title: BB Taser Agreement 5-26 (Final) (00447106.DOCX;6) Page 6 of 12 Department: Legal Version: 2.0 Release Date: 11/20/2019 Page 162 of 269 AXON Axon Enterprise, Inc.'s TASER 7 �.� Agreement TASER 7 Axon Evidence Terms of Use Appendix 1 Definitions. "Agency Content" is data uploaded into, ingested by, or created in Axon Evidence within Agency's tenant, including media or multimedia uploaded into Axon Evidence by Agency. Agency Content includes Evidence but excludes Non -Content Data. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content. "Non -Content Data" is data, configuration, and usage information about Agency's Axon Evidence tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non -Content Data includes data about users captured during account management and customer support activities. Non -Content Data does not include Agency Content. 2 Subscription Term. The TASER 7 Axon Evidence Subscription Term begins on the Start Date. 3 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Axon Evidence Subscription Term. Agency may not upload any non-TASER 7 data or any other files to Axon Evidence. Agency may not exceed the number of end-users than the Quote specifies. 4 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content are not business records of Axon. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will have limited access to Agency Content solely for providing and supporting Axon Evidence to Agency and Agency end-users. 5 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Axon Evidence and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection as more fully described at Pub , F //r r�arr r. xs� n.rs� �tt7/Ile ; 11/° Il�� sue. se m�ii° e � .m.:ii,w,°.., acllii° ... and,,//rrr.xcn.° cn7/e° �umii�y/,c..n.::.c'w,ii,c.J..c'.n.°;c'. and attached to this Agreement. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum released June 1, 2020. 6 Agency Responsibilities. Agency is responsible for (a) ensuring Agency users complywith this Agreement; (b) ensuring Agency owns Agency Content and no Agency Content or Agency end user's use of Agency Content or Axon Evidence violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Evidence. If Agency becomes aware of any violation of this Agreement by an end-user, Agency Title: BB Taser Agreement 5-26 (Final) (00447106.DOCX;6) Page 7 of 12 Department: Legal Version: 2.0 Release Date: 11/20/2019 Page 163 of 269 AXON Axon Enterprise, Inc.'s TASER 7 �.� Agreement will immediately terminate that end user's access to Axon Evidence. Agency is also responsible for maintaining the security of end-user names and passwords and taking steps to maintain appropriate security and access by end-users to Agency Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Agency may download the audit log at any time. Agency shall contact Axon immediately if an unauthorized third party may be using Agency's account or Agency Content or if account information is lost or stolen. Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content so Agency may file an objection with the court or administrative body. Agency acknowledges and agrees that Axon may access Agency Content in order to: (a) perform troubleshooting services upon request or as part of Axon's maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of Axon Evidence Services; (c) generate aggregated data, excluding information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (collectively, "Pill"), to improve, analyze, support, and operate Axon's current and future products and services. Storage. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. For purposes of clarity, Agency Content that has been moved into archival storage remains Agency Content. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access. The Agency's data will be stored until this Agreement expires or terminates, subject to Section 13 of this Appendix. Data that is more than six months old will be moved to archival storage and will not be accessible as immediately as data in primary storage. Location of Data Storage. Axon may transfer Agency Content to third party subcontractors for storage. Axon will determine the locations of data centers where Agency Content will be stored. For United States agencies, Axon will ensure all Agency Content stored in Axon Evidence remains within the United States. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may suspend Agency access or any end -user's right to access or use any portion or of Axon Evidence immediately upon notice, if: 10.1. The Termination provisions of the TASER 7 Terms and Conditions apply; 10.2. Agency or an end -user's use of or registration for Axon Evidence (i) poses a security risk to Axon Evidence or any third party, (ii) may adversely impact Axon Evidence or the systems or content of any other customer, (iii) may subject Axon, Axon's affiliates, or any third party to liability, or (iv) may be fraudulent; Agency remains responsible for all fees incurred through the date of suspension without any credits for any period of suspension. Axon will not delete any of Agency Content on Axon Title: BB Taser Agreement 5-26 (Final) (00447106.DOCX;6) Page 8 of 12 Department: Legal Version: 2.0 Release Date: 11/20/2019 Page 164 of 269 AXON Axon Enterprise, Inc.'s TASER 7 �.� Agreement Evidence due to suspension, except as specified elsewhere in this Agreement. 11 Axon Evidence Warranty. Axon warrants that Axon Evidence will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to Axon Evidence. 12 Axon Evidence Restrictions. All Axon Evidence subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end-users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence; 12.2. reverse engineer, disassemble, or decompile Axon Evidence or apply any other process to derive any source code included in Axon Evidence, or allow any others to do the same; 12.3. access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 12.4. use trade secret information contained in Axon Evidence, except as expressly permitted in this Agreement; 12.5. access Axon Evidence to build a competitive product or service or copy any features, functions, or graphics of Axon Evidence; 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon's or Axon's licensors on or within Axon Evidence; or 12.7. use Axon Evidence to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third -party privacy rights, or to store or transmit malicious code. 13 After Termination. Axon will not delete Agency Content for 90 days following termination. During these 90 days, Agency may retrieve Agency Content only if all amounts due have been paid. There will be no application functionality of Axon Evidence during these 90 days other than the ability to retrieve Agency Content. Agency will not incur any additional fees if Agency Content is downloaded from Axon Evidence during these 90 days. After these 90 days, Axon will thereafter, unless legally prohibited, delete all of Agency Content stored in Axon Evidence. Upon request, Axon will provide written proof that all Agency Content has been successfully deleted and fully removed from Axon Evidence. 14 Post -Termination Assistance. Axon will provide Agency with the same post -termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon's Data Egress Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 15 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Evidence on Title: BB Taser Agreement 5-26 (Final) (00447106.DOCX;6) Page 9 of 12 Department: Legal Version: 2.0 Release Date: 11/20/2019 Page 165 of 269 6� Axon Enterprise, Inc.'s TASER 7 Agreement behalf of U.S. Federal department, Axon Evidence is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data," as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Evidence on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, Agency will immediately discontinue the use of Axon Evidence. 16 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns Agency Content, Storage, Axon Evidence Warranty, and Axon Evidence Restrictions. Title: BB Taser Agreement 5-26 (Final) (00447106.DOCX;6) Page 10 of 12 Department: Legal Version: 2.0 Release Date: 11/20/2019 Page 166 of 269 AXON Axon Enterprise, Inc.'s TASER 7 �.� Agreement Professional Services Appendix 1 Utilization of Services. Agency must use pre -paid professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date. 2 CEW Services Packages. CEW Services Packages are detailed below: System set up and configuration • Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4-6 weeks before rollout Best practice implementation planning session to: • Provide considerations for the establishment of CEW policy and system operations best practices based on Axon's observations with other agencies • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions On-site sessions providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training • Provide training on the Axon Evidence to educate instructors who can support Agency's subsequent Axon Evidence training needs. • For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency TASER CEW inspection and device assignment Axon's on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go -live review For the CEW Full Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included. i ne smart vveaoon i ransition service incivaes: Archival of CEW Firing Logs Axon's on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models. Return of Old Weapons Axon's on-site professional service team will ship all old weapons back to Axon's headquarters. Axon will provide Agency with a Certificate of Destruction Title: BB Taser Agreement 5-26 (Final) (00447106.DOCX;6) Page 11 of 12 Department: Legal Version: 2.0 Release Date: 11/20/2019 Page 167 of 269 AXON Axon Enterprise, Inc.'s TASER 7 �.� Agreement *Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1 - Day Device Specific Instructor Course. 4 Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 5 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 6 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency information, as provided by the Agency through the cloud, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 7 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional Services and Devices to operate per the Device User Documentation. Before installation of Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Devices are to be installed ("Installation Site") per the environmental specifications in the Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Device User Documentation for any Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it. 8 Acceptance. When Axon completes professional Services, Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re -present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Services. 9 Agency Network. For work performed by Axon transiting or making use of Agency's network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency's network from any cause. Title: BB Taser Agreement 5-26 (Final) (00447106.DOCX;6) Page 12 of 12 Department: Legal Version: 2.0 Release Date: 11/20/2019 Page 168 of 269 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 SHIP TO Karl Maracotta Boynton Beach Police Dept. - FL 2100 High Ridge Rd Boynton Beach, FL 33426 US BILL TO Boynton Beach Police Dept. - FL P.O. BOX 310 Boynton Beach, FL 33425 US Q-290558-44315.574AP y Quote Expiration: 04/30/2021 Account• 1. Payment Terms: Net 30 Delivery Method: Fedex - Ground SALES REPRESENTATIVE Alyssa Payne Phone: Email: apayne@taser.com Fax: PRIMARY CONTACT Karl Maracotta Phone: (954) 828-5643 Email: maracottak@bbfl.us Year 1 Item Description Term Quantity List Unit Net Unit Price Total (USD) (Months) Price 20248 TASER 7 EVIDENCE.COM ACCESS LICENSE 60 150 0.00 0.00 0.00 TASER 7 DUTY CARTRIDGE REPLACEMENT 20246 60 150 0.00 0.00 0.00 ACCESS LICENSE 20248 TASER 7 EVIDENCE.COM ACCESS LICENSE 60 2 0.00 0.00 0.00 rdware TASER 7 HOLSTER - SAFARILAND, RH+CART 20160 143 0.00 0.00 0.00 CARRIER TASER 7 HOLSTER - SAFARILAND, LH+CART 20161 7 0.00 0.00 0.00 CARRIER 20050 HOOK -AND -LOOP TRAINING (HALT) SUIT 3 0.00 0.00 0.00 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 22175 450 0.00 0.00 0.00 DEGREE)NS TASER 7 LIVE CARTRIDGE, CLOSE 22176 450 0.00 0.00 0.00 QUARTERS (12 -DEGREE) NS TASER 7 HANDLE, YLW, HIGH VISIBILITY 20008 150 0.00 0.00 0.00 (GREEN LASER), CLASS 3R 20040 TASER 7 HANDLE WARRANTY, 4 -YEAR 150 0.00 0.00 0.00 TASER 7 INERT CARTRIDGE, STANDOFF (3.5- 22179 50 0.00 0.00 0.00 DEGREE)NS TASER 7 INERT CARTRIDGE, CLOSE 22181 50 0.00 0.00 0.00 QUARTERS (12 -DEGREE) NS TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 22175 300 0.00 0.00 0.00 DEGREE)NS Q-290558-44315.574AP 1 P Year 1 (Continued) Item Description Term List Unit (Months) Quantity Price Net Unit Price Total (USD) 85147 CEW STARTER 1 2,750.00 2,750.00 2,750.00 11609 SMART WEAPON TRANSITION SERVICE 1 2,000.00 2,000.00 2,000.00 Subtotal 108,250.00 Estimated 0.00 Shipping Estimated Tax 0.00 Total 108,250.00 Q-290558-44315.574AP 2 P TASER 7 LIVE CARTRIDGE, CLOSE 22176 300 0.00 0.00 0.00 QUARTERS (12 -DEGREE) NS TASER 7 HOOK -AND -LOOP TRN (HALT) 22177 300 0.00 0.00 0.00 CARTRIDGE, STANDOFF NS TASER 7 HOOK -AND -LOOP TRN (HALT) 22178 300 0.00 0.00 0.00 CARTRIDGE, CLOSE QUART NS 20018 TASER 7 BATTERY PACK, TACTICAL 180 0.00 0.00 0.00 TASER 7 BATTERY PACK WARRANTY, 4- 20041 180 0.00 0.00 0.00 YEAR TASER 7 DOCK & CORE WARRANTY, 4- 20042 2 0.00 0.00 0.00 YEAR WALL MOUNT BRACKET, ASSY, 70033 2 0.00 0.00 0.00 EVIDENCE.COM DOCK 74200 TASER 7 6 -BAY DOCK AND CORE 2 0.00 0.00 0.00 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 80090 2 0.00 0.00 0.00 75 IN., TASER 7 ler 20430 TASER 7 CERTIFICATION BUNDLE HEADER 60 150 0.00 0.00 0.00 TASER 7 CERTIFICATION BUNDLE 20437 12 150 690.00 690.00 103,500.00 PAYMENT 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 0.00 0.00 0.00 TASER 7 MASTER INSTRUCTOR SCHOOL 20119 1 0.00 0.00 0.00 VOUCHER TASER 7 TARGET, CONDUCTIVE, 80087 2 0.00 0.00 0.00 PROFESSIONAL (RUGGEDIZED) 85147 CEW STARTER 1 2,750.00 2,750.00 2,750.00 11609 SMART WEAPON TRANSITION SERVICE 1 2,000.00 2,000.00 2,000.00 Subtotal 108,250.00 Estimated 0.00 Shipping Estimated Tax 0.00 Total 108,250.00 Q-290558-44315.574AP 2 P Spares Item Description Hardware 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY 22175 (GREEN LASER), CLASS 3R 20040 TASER 7 HANDLE WARRANTY, 4 -YEAR Year 2 Item Description Hardware TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 22175 DEGREE)NS TASER 7 LIVE CARTRIDGE, CLOSE 22176 QUARTERS (12 -DEGREE) NS Other TASER 7 CERTIFICATION BUNDLE 20437 PAYMENT 20120 TASER 7 INSTRUCTOR COURSE VOUCHER TASER 7 MASTER INSTRUCTOR SCHOOL 20119 VOUCHER Year 3 Item Description Hardware 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE)NS 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS 5 0.00 0.00 0.0 5 0.00 0.00 0.0 Subtotal Estimated Tax Total 1 1 1 11 1 11 1 11 12 150 690.00 690.00 103,500.00 2 0.00 0.00 0.00 1 0.00 0.00 0.00 Subtotal 103,500.00 Estimated Tax 0.00 Total 103,500.00 Q-290558-44315.574AP 3 P Year 3 (Continued) Item Description Hardware (Contin(ied) Hardware TASER 7 HOOK -AND -LOOP TRN (HALT) 22177 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 22175 CARTRIDGE, STANDOFF NS TASER 7 HOOK -AND -LOOP TRN (HALT) 22178 TASER 7 LIVE CARTRIDGE, CLOSE 22176 CARTRIDGE, CLOSE QUART NS other QUARTERS (12 -DEGREE) NS other TASER 7 CERTIFICATION BUNDLE 20437 TASER 7 CERTIFICATION BUNDLE 20437 PAYMENT 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 20120 TASER 7 MASTER INSTRUCTOR SCHOOL 20119 TASER 7 MASTER INSTRUCTOR SCHOOL 20119 VOUCHER Year 4 Item Description Hardware TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 22175 DEGREE)NS TASER 7 LIVE CARTRIDGE, CLOSE 22176 QUARTERS (12 -DEGREE) NS other TASER 7 CERTIFICATION BUNDLE 20437 PAYMENT 20120 TASER 7 INSTRUCTOR COURSE VOUCHER TASER 7 MASTER INSTRUCTOR SCHOOL 20119 VOUCHER 12 150 690.00 690.00 103,500.00 2 0.00 0.00 0.00 1 0.00 0.00 0.00 Subtotal 103,500.00 Estimated Tax 0.00 Total 103,500.00 12 150 690.00 690.00 103,500.00 2 0.00 0.00 0.00 1 0.00 0.00 0.00 Subtotal 103,500.00 Estimated Tax 0.00 Total 103,500.00 Term List Unit (Months) Quantity Price Net Unit Price Total (USD) 300 0.00 0.00 0.00 Q-290558-44315.574AP 4 P Year 5 (Continued) Term List Unit Item Description Quantity Net Unit Price Total (USD) (Months) Price Hardware (Continued) TASER 7 LIVE CARTRIDGE, CLOSE 22176 300 0.00 0.00 0.00 QUARTERS (12 -DEGREE) NS other TASER 7 CERTIFICATION BUNDLE 20437 12 150 690.00 690.00 103,500.00 PAYMENT 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 0.00 0.00 0.00 TASER 7 MASTER INSTRUCTOR SCHOOL 20119 1 0.00 0.00 0.00 VOUCHER Subtotal 103,500.00 Estimated Tax 0.00 Total 1 103,500.00 Grand Total 522,250.00 Q-290558-44315.574AP 5 P Summary of Payments Payment Amount (USD) Year 1 108,250.00 Spares 0.00 Year 2 103,500.00 Year 3 103,500.00 Year 4 103,500.00 Year 5 103,500.00 Q-290558-44315.574AP 6 P Tax is subject to change at order processing with valid exemption. Axon's Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at www. axon.com/legal/sales-terms-and-conditions) and the Axon Customer Experience Improvement Program Appendix, which includes the sharing of de -identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www. axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. The Axon Customer Experience Improvement Program Appendix ONLY applies to Customers in the USA. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it contemplates the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix. Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Signature: Name (Print): PO# (Or write N/A): Date: Title: Please sign and email to Alyssa Payne at apayne@taser.com or fax to Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buv.axon.com The trademarks referenced above are the property of their respective owners. ***Axon Internal Use Only"** SFDC Contract#: Order Type: RMA#: Address Used: SO #: Review 1 Review 2 Comments: Q-290558-44315.574AP 7 P Boynton Beach Police Dept. - FL ATTENTION This order may qualify for freight shipping, please fill out the following information. What is the contact name and phone number for this shipment? What are your receiving hours? (Monday -Friday) Is a dock available for this incoming shipment? Are there any delivery restrictions? (no box trucks, etc.) Q-290558-44315.574AP 8 P Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition - Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition - A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. :questor Department Division Point of Contact Phone Numb r er ......�.. %ndor Company Name Address Phone Number ................... Police Department Support Services Karl Maracotta 561-742-6170 Axon Enterprise, Inc 17800 N. 85th Street 800-978-2737 Point of Contact and Title I Alyssa Payne, Sr. Account Executive What other vendors were contacted? (List company name, contact, and phone number and explain why they were not suitable) Product/Service Name Manufacturer Make/Model # Price N/A 150 x Taser 7 Axon Enterprise, Inc Axon Taser 7 $522,250.00 for 5 years Did you negotiate the terms or prices with the vendor? ® Yes ❑ No year term and is also considered to be fair and reasonable? The vendor —priciw. ____�...... Why is this p r has discounted the price based on a 5 providing additional trainingfor in-house instructors. 1 Page 177 of 269 Purchasing Division Sole/Single Source Justification Form Will this purchase obligate the City to a particular vendor in the future? (Either in terms of maintenance, services, or re-purchase for compatibility reasons) ❑ Yes ® No t This is a sole source because (choose any that apply): ® Sole provider of a licensed or patented good or service ❑ Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory-authorized warranty service ® Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the .mm._ to City. (Please� p ^n formation on current market prices, availability, etc.) City and is advantageous to the City provide in . . What necessary features does this vendor provide which are not available from other vendors? Please be specific. There are no other vendors that offer the Conductive Electrical Weapon (CEW) models that Axon provides that integrates with the evidence.com cloud storage for videos of discharge events. The devices are also familiar in operation and form factor to previous generation devices which officers have been usina since 2013. Attach documentation to substantiate this sole source cla—_. ... WWWWe..d t ......... im including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. oi ®tion o g ®. My department's recommendation fora sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other known su liers that LL exist 1. Department Director ..... Signature Date 2. ....Purchasing Manager/Finance.....�._ .... -�--_ Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend ❑ / do not recommend ❑ this being certified as a sole source. Required ❑ / not required ❑ to be advertised for a period of 7 business days before award. Signature Date Page 178 of 269 �moifiOYillr!0 A X 1/21/2021 To: United States state, local and municipal law enforcement agencies Re: Sole Source Letter for Axon Enterprise, Inc.'s TASER Conducted Energy Weapons A sole source justification exists because the following goods and services required to satisfy the agency's needs are only manufactured and available for purchase from Axon Enterprise. Axon is also the sole distributor and retailer of all TASER brand products in the States of AR, CT, DE, FL, GA, HI, IA IL, IN, KS, LA, MA, MD, ME, MI, MN, MO, MS, NC, ND, NE, NH, NJ, NY, OK, OR, PA, RI, SC, SD, VA, VI, VT, WI, WV, and the District of Columbia and Guam. TASER CEW Descriptions TASER 7 CEW • Multiple -shot CEW • High -efficiency flashlight • Close Quarter and Standoff cartridges • Green LASER and dual red LASERs that adjust for cartridge angle • Arc switch enables drive -stun with or without a TASER 7 Cartridge installed • Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status. • Weapon logs • TASER 7 Dock connected to Axon Evidence (Evidence.com) services • Onboard self-diagnostic and system status monitoring and reporting • Real-time clock updated when the battery pack is plugged into the TASER 7 Dock • Ambidextrous safety switch • Can be configured by the agency to alert Axon camera systems • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The CEW cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with TASER 7 Cartridges only TASER 7 CQ CEW • Multiple -shot CEW for agencies that deploy CEWs mostly at close quarters (CQ) • High -efficiency flashlight • Close Quarter cartridges • Arc switch enables drive -stun with or without a TASER 7 Cartridge installed • Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status. • Weapon logs • TASER 7 Dock connected to Axon Evidence (Evidence.com) services • Onboard self-diagnostic and system status monitoring and reporting • Real-time clock updated when the battery pack is plugged into the TASER 7 Dock • Ambidextrous safety switch • Can be configured by the agency to alert Axon camera systems • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by AXo1,1 I .1,1 1p 1,'s?, Iris. 0 LV\I S o I S(7�ali.�� 1 o-�Yto-�l V E�,lt7ri,,'6 0 'silo-° '"1 Page 179 of 269 �moifiOYill�u0 A X the agency to stop at five seconds). The CEW cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with 12 -degree TASER 7 Cartridges only X2 CEW • Multiple -shot CEW • High efficiency flashlight • Static dual LASERs (used for target acquisition) • ARC switch enables drive -stun with or without a Smart Cartridge installed • Central Information Display (CID): Displays mission -critical data such as remaining battery energy, burst time, operating mode, and user menu to change settings and view data on a yellow -on -black display • The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Axon Evidence (Evidence.com) services. • Real-time clock with back-up battery • Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch • Capable of audio/video recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately 5 seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAM HD AS). The CEW cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with TASER Smart Cartridges only X26P CEW • High efficiency flashlight • Red LASER (used for target acquisition) • Central Information Display (CID): Displays data such as calculated remaining energy, burst time, and notifications • The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Axon Evidence (Evidence.com) services. • Real-time clock with back-up battery • Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch • Capable of audio/video recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAM HD AS). The CEW cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with TASER standard series cartridges Axon Signal Performance Power Magazine (SPPM) • Battery pack for the X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends AXo1,1 I .1,1 1p 1, 's ' Iru. 0LVV S o ,:;t�iai�.,. l o-:Yto-.i V.r.�V6 0 1 1q V Page 180 of 269 �moifiOYillr!0 A X a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. TASER Brand CEW Model Numbers 1. Conducted Electrical Weapons (CEWs): • TASER 7 Models: 20008, 20009, 20010, and 20011 • TASER 7 CQ Models 20213, 20214 • TASER X2 Models: 22002 and 22003 • TASER X26P Models: 11002 and 11003 2. Optional Extended Warranties for CEWs: • TASER 7 — 4 -year extended warranty, item number 20040 • X2 — 4 -year extended warranty, item number 22014 • X26P — 2 -year extended warranty, item number 11008 • X26P — 4 -year extended warranty, item number 11004 3. TASER 7 Cartridges (compatible with the TASER 7; required for this CEW to function in the probe deployment mode) • Standoff cartridge, 3.5 degrees, Model 20012 • Close Quarter cartridge, 12 degrees, Model 20013 4. TASER standard cartridges (compatible with the X26P; required for this CEW to function in the probe deployment mode): • 15 -foot Model: 34200 • 21 -foot Model: 44200 • 21 -foot non-conductive Model: 44205 • 25 -foot Model: 44203 • 35 -foot Model: 44206 TASER Smart cartridges (compatible with the X2; required for this CEW to function in the probe deployment mode): • 15 -foot Model: 22150 • 25 -foot Model: 22151 • 25 -foot inert simulation Model: 22155 • 25 -foot non-conductive Model: 22157 • 35 -foot Model: 22152 Power Modules for TASER 7 CEWs: • Tactical battery pack Model 22018 • Compact battery pack Model 22019 • Non -Rechargeable battery pack Model 22020 • Disconnect battery pack Model 20027 7. TASER CAM HD recorder Model: 26810 (full HD video and audio) and TASER CAM HD with AS (automatic shut -down feature) Model: 26820. The TASER CAM HD is compatible with both the X26P and X2 CEWs. • TASER CAM HD replacement battery Model: 26764 • TASER CAM HD Download Kit Model: 26762 AXo1,1 I .1,1 1p 1,'s?, Iris. 0 LV\I S o I S(7�ali.�� I o-�Yto-�l V E�,lt7ri,,'6 0 1 qoo-s Page 181 of 269 �moifiOYill�u0 A X • TASER CAM HD optional 4 -year extended warranty, item number 26763 Power Modules (Battery Packs) for X26P and X2 CEWs: • Performance Power Magazine (PPM) Model: 22010 • Tactical Performance Power Magazine (TPPM) Model: 22012 • Automatic Shut -Down Performance Power Magazine (APPM) Model: 22011 • eXtended Performance Power Magazine (XPPM) Model: 11010 • eXtended Automatic Shut -Down Performance Power Magazine (XAPPM) Model: 11015 • Axon Signal Performance Power Magazine (SPPM) Model: 70116 9. TASER 7 Dock: • TASER 7 Dock Core and Multi -bay Module: 74200 10. TASER Dataport Download Kits: • Dataport Download Kit for the X2 and X26P Model: 22013 11. TASER Blast Door Repair Kit Model 44019 and TASER Blast Door Replenishment Kit Model 44023 12. CEW Holsters: • Right-hand TASER 7 holster by Safariland Model: 20063 • Left-hand TASER 7 holster by Safariland Model: 20068 • Right-hand X2 holster by BLACKHAWK Model: 22501 • Left-hand X2 holster by BLACKHAWK Model: 22504 • Right-hand X26P holster by BLACKHAWK Model: 11501 • Left-hand X26P holster by BLACKHAWK Model: 11504 13. TASER Simulation Suit II Model 44550 14. TASER 7 conductive target Model: 80087 TASER Product Packages 1. Officer Safety Plan: Includes an X2 or X26P CEW, Axon camera and Dock upgrade, and Axon Evidence (Evidence.com) license and storage. See your Sales Representative for further details and Model numbers. 2. Officer Safety Plan 7: Includes a TASER 7 conducted electrical weapon (CEW), Axon Body 3 camera, Axon Dock, Axon Camera and Dock upgrade, Axon Evidence (Evidence.com) licenses and storage, Axon Aware, and Axon Records Core. 3. Officer Safety Plan 7 Plus: Includes a TASER 7 conducted energy weapon (CEW), Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Aware +, Axon Auto -Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, and Axon Signal Sidearm. 4. TASER Assurance Plan (TAP): Hardware extended warranty coverage, Spare Products, and Upgrade Models available for the X2 and X26P CEWs, and the TASER CAM HD recorder. (The TAP is available only through Axon Enterprise, Inc.) !axon I .rIh:'I, ,ii'so' IncCL V\/ So sof a(.,. I :'Hoi Vor'-Jori "'26 0 I sqo 4 Page 182 of 269 �molfiOYill�u0 A X 5. TASER 7 Certification: Pays for TASER 7 program in installments over 5 years including access to Evidence.com for CEW program management, annual training cartridges, unlimited duty cartridges and online training content. 6. TASER Certification Add -On: Allows the agency to pay an annual fee to receive an annual allotment of training cartridges, unlimited duty cartridges and online training content. 7. TASER 60: Pay for X2 and X26P CEWs and Spare Products in installments over 5 years. 8. Unlimited Cartridge Plan: Allows agency pay an annual fee to receive annual training cartridges, unlimited duty cartridges and unlimited batteries for the X2 and X26P. 9. TASER 60 Unlimited: Pay for X2 and X26P CEWs and Spare Products in installments over 5 years and receive unlimited cartridges and batteries. Ax( -)Y1 I .1,1 1pII<,H' Iru. 0 LV\I S (-)I ,;;t7ial�.,. I o-�Yto-�l V.Yt�,6 0 1 I,qo 5 Page 183 of 269 �molfiOYillru0 A X SOLE AUTHORIZED DISTRIBUTOR FOR SOLE AUTHORIZED REPAIR FACILITY TASER BRAND CEW PRODUCTS FOR TASER BRAND CEW PRODUCTS Choose an ilt li . Axon Enterprise, Inc. Axon Enterprise, Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 17800 N. 85th Street, Scottsdale, AZ 85255 Phone: 800-978-2737 Phone: 800-978-2737 Fax: 480-991-0791 Fax: 480-991-0791 Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions. Sincerely, Josh Isner Chief Revenue Officer Axon Enterprise, Inc. BLACKHAWK! is a trademark of the Blackhawk Products Group, and Safariland is a trademark of Safariland, LLC. The Delta Axon Logo, Axon, Axon Aware, Axon Citizen, Axon Evidence, Axon Records, Axon Signal, Evidence.com, Smart Cartridge, TASER CAM, Trilogy, X2, X26P, TASER, and TASER 7 are trademarks of Axon Enterprise, Inc., some of which are trademarks in the US and other countries. For more information visit www.axon.com/legal. All rights reserved. © 2020 Axon Enterprise, Inc. 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- - - - - - - - - - - - - 0 0 0 0 0 0 Y Y Y Y Y Q Q Q Q Q ZZ Q Q Q Q Q Q Q V x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q a) 0) a (O w I- M O O O O V (O O Lo w M W m m MO O N I- I- w m rn rn 0 X X X X X X X X 0� ty w w w w w w w w x x x x x x x x U U U U U U U U z z z z z z z z Q Q Q Q Q Q Q Q z z z z z z z z 0 0 0 0 0 0 0 0 w w w w w w w w z z z z z z z z w w w w w w w w Q Q Q Q Q Q Q Q a a a a a a a a rn N O co r U O U U U U U U U U E E E E E E E E U Q00000000 N V X X X X X X X X 0� ty w w w w w w w w x x x x x x x x U U U U U U U U z z z z z z z z Q Q Q Q Q Q Q Q z z z z z z z z 0 0 0 0 0 0 0 0 w w w w w w w w z z z z z z z z w w w w w w w w Q Q Q Q Q Q Q Q a a a a a a a a rn N O co r 8.A. Public Hearing 6/11/20211 Requested Action by Commission: Proposed Ordinance No. 21-016 Second Reading - Approve amendments to Advisory Board Ordinance amending Chapter 27, "Advisory Boards and Committees", Section 27-2 providing for selection of the Chair and Vice -Chair; and amending Section 27-22 "Definitions" to correct a scrivener's error. Explanation of Request: After discussion by the City Commission, it was suggested that each City Board or Committee choose their Chair and Vice -Chair and that the recommendation be ratified by the City Commission. In addition to ratifying the Chair and Vice -Chair of the Boards and Committees the City Commission wishes to retain the ability to remove a Chair or Vice -Chair from their position on the Board or remove them from the Board/Committee all together. How will this affect city programs or services? N/A Fiscal Impact: None Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Oirdliir:air c,(:.. Description Ordinance a irneindliing the Chair and Vice Chair >ellectioin foir City A6Asoiry Boards and cc.:irirectiing a sciriveneirs eiriroir Page 199 of 269 1 2 ORDINANCE NO. 21- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING CHAPTER 27, "ADVISORY BOARDS AND 6 COMMITTEES", SECTION 27-2; PROVIDING FOR SELECTION OF 7 THE CHAIR AND VICE -CHAIR OF EACH BOARD; AMENDING 8 SECTION 27-22, "DEFINITIONS" TO CORRECT A SCRIVENER'S 9 ERROR; PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission has determined it is in the City's best interest to 13 amend the selection of the Chair and Vice -Chair of each City Advisory Board and Committee; 14 and 15 WHEREAS, the City Commission has determined it is in the City's best interest to 16 provide for the removal of the Chair and Vice -Chair of any City Board or Committee; and 17 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 18 residents of the City to amend Chapter 27, Advisory Boards and Committees, as hereinafter 19 referenced. 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, THAT: 22 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. Part 11, Chapter 27, "Advisory Boards and Committees", Section 27-2 25 is hereby amended as follows: 26 Sec. 27-2. Board or committee member selection; organization; qualifications; term. 27 1. No person shall be appointed to a City advisory board or committee without the person first 28 submitting an application for appointment. All applications for appointment to a City board 29 shall be on a form authorized by the City Commission. The City Clerk shall review all 30 applications for completeness and qualifying requirements prior to submitting them to the City 31 Commission for consideration. 32 2. Selection of Chair and Vice -Chair. The chairperson and vice -chairperson for each board 33 shall be selected by c In iloand lnoweve he ( .,t Commission rmjstratif the seleuionah4eF-ty 1 Page 200 of 269 34�2`4.y—�b,�,����Y�. Neither the chair nor the vice-chair have fixed terms. The Chair 35 and Vice-Chair shall be annually reappointed. The duties of the chair shall be to preside at all 36 board meetings. The vice-chair shall perform the duties of the chair in the chair's absence. The 37 Cut: �"�>mmussu�>n ma rem�>we true �"Maur �>r Vuce �"Maur from their t)osrhon at an tome b 38 ma,",'t: vote ofthe (lit: �"�>mmissi�>n.. The �"it: Commission ma retain the Board member 39 on the Board or voteto have them removed from true Board comDletelv.. 40 3. Alternates. The City Commission shall appoint (2) two individuals to serve as alternate 41 members for each board. Alternate members may participate at board meetings in the place of 42 absent board members or recused members, to the same extent as regular members. In the 43 event a vacancy occurs on a board, the alternate shall assume the role of a regular board 44 member for the remainder of the abandoned term or until the City Commission appoints a 45 replacement regular member, whichever occurs first. 46 a. The term for alternate members shall be for one (1) year. 47 b. Alternate member appointees may be reappointed. 48 c. Notwithstanding any other provision of City code or procedural rule, no alternate 49 member of any City board may serve in the capacity of Chairperson, Vice Chair, or 50 Chair Pro -Tem. 51 4. Organization. Generally, City advisory boards and committees shall be composed of seven 52 (7) regular members and two (2) alternate members, except as may be provided for by Florida 53 Statutes, Special Act or Resolution of the City Commission or elsewhere within the Code of 54 Ordinances of the City of Boynton Beach. 55 5. Quorum. Four (4) members shall constitute a quorum for each advisory board and committee 56 with seven (7) regular members. Where an advisory board or committee has less than seven 57 (7) regular members, a simple majority of regular members shall constitute a quorum. 58 6. Qualifications. Members serving on advisory boards and committees shall possess sufficient 59 knowledge, experience, judgment or background necessary to competently serve the board or 60 committee to which they are appointed. 61 (a) In order to qualify for appointment to and to serve as a member of any board or 62 committee of the City, an individual must be an elector of Palm Beach County, 63 Florida. 2 Page 201 of 269 64 (b) In selecting individuals to serve on boards and committees of the City, preference 65 shall be given to individuals who are residents of the City of Boynton Beach, 66 provided however, non-residents who own property in the City, own a business 67 within the City, or serve as an officer, Director or manager of a business located 68 within the City may also qualify for appointment provided they possess 69 qualifications or experience uniquely suited to deal with the subject matter over 70 which the board or committee has subject matter review or power. 71 (c) In selecting individuals to serve on boards and committees of the City, preference 72 shall be given to individuals who do not presently serve on one of the City's boards. 73 (d) Concurrent service on City boards and committees shall be permitted only to the 74 extent necessary. If a board member holds a position on a board that conducts 75 "quasi-judicial proceedings" as defined by Section 27-8 herein, such member shall 76 not concurrently serve on another advisory board that has similar quasi judicial 77 powers. 78 6. Term of Service. In general, all regular member appointments shall be for a two-year period. 79 (a) Commencement of Terms. All advisory board and committee appointments shall 80 commence at 12:01 a.m. on April 1 and shall be for a period of two (2) years. 81 (b) Expiration of Terms. All advisory board appointments shall expire at 12:00 82 midnight on March 30th of their second year of appointment, except as set forth in 83 Section 27-5 herein. The City Commission shall review applicants and fill 84 vacancies on City boards during the month of April following the City's March 85 Commission elections or as soon thereafter as practicable. 86 (c) The terms of office of the board members shall be staggered so no more than one - 87 third of the board is appointed or replaced in any 12 -month period. 88 (d) The current term of all board members whom have been appointed prior to the 89 adoption of Chapter 27 shall continue uninterrupted until the expiration of said 90 term. 91 92 93 3 Page 202 of 269 94 95 7. Term Limits. 96 (a) No member shall be appointed for more than two (2) successive terms (original 97 term, plus on additional term). A member who has been appointed to fill an 98 unexpired term shall remain eligible to serve two (2) full two-year successive terms. 99 (b) Upon completion of the maximum allowable two (2) full terms of membership, no 100 member shall be eligible for reappointment to the same advisory board, and 101 committee for a period of one (1) year unless otherwise approved by the 102 Commission. 103 8. Reorganization. In the case of creation of a new board or committee or the reorganization 104 or reconstitution of an advisory board or committee, three (3) members shall be appointed for 105 an initial term of one year, with the balance of the members being appointed for an initial term 106 of two (2) years. Thereafter, all appointments shall be for two (2) years. 107 108 Section 3. Part 11, Chapter 27, "Advisory Boards and Committees", Section 27- 109 22, "Definitions" is hereby amended as follows: 110 ... 111 (3) Arts Commission or Art Advisory Board means the advisory board established by 12 the City Commission pursuant to Ordinance 01-64, renamed to Arts Advisory Board in 13 Ordinance 2-020-016. 114 ... 115 Section 4. Each and every other provision of the Code of Ordinances of the City 116 of Boynton Beach not herein specifically amended shall remain in full force and effect as 117 previously enacted. 118 Section 5. All ordinances or parts of ordinances in conflict herewith be and the 119 same are hereby repealed. 120 Section 6. Should any section or provision of this ordinance or portion hereof, any 121 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 122 such decision shall not affect the remainder of this ordinance. 123 Section 7. Authority is hereby granted to codify said ordinance. 4 Page 203 of 269 124 Section 8. This ordinance shall become effective immediately upon passage. 125 Section 9. All matters pending before the City boards or committees at the time of 126 effective date of this Ordinance shall continue unabated and be taken up as scheduled before 127 the respective board or committee. 128 FIRST READING this day of May, 2021. 129 130 SECOND, FINAL READING AND PASSAGE this day of , 2021. 131 132 CITY OF BOYNTON BEACH, FLORIDA 133 134 YES NO 135 Mayor — Steven B. Grant 136 137 Vice Mayor — Ty Penserga 138 139 Commissioner — Woodrow L. Hay 140 141 Commissioner — Christina L. Romelus 142 143 Commissioner — Justin Katz 144 145 VOTE 146 147 ATTEST: 148 149 150 151 Crystal Gibson, MMC 152 City Clerk 153 154 155 (Corporate Seal) 156 5 Page 204 of 269 9.A. City Manager's Report 6/11/20211 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/1/2021 Requested Action by Commission: At the request of Commissioner Penserga, enclosed is a memorandum outlining rental procedures for City Facilities including Facility Rentals, Pavilion Rentals, Athletic Field Rentals, and Special Event Permits. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Building Wealth in the Community, Boynton Beach Branding Strategic Plan Application: Facility Rentals are revenue producing activities. Climate Action Application: No Climate Action. Is this a grant? Grant Amount: Attachments: Type D it eirno Description Use of City II:::::aciIIlities Page 205 of 269 RECREATION & PARKS DEPARTMENT MEMORANDUM TO: Lori LaVerriere, City Manager Thru: Kathryn Matos, Assistant City Manager FROM: Kacy Young, Recreation & Parks Director DATE: June 1, 2021 SUBJECT: Use of City Facilities The information provided outlines the definition of various rental opportunities the City provides for exclusive use of City Facilities along with the process and requirements. Facility Rental Recreation & Parks Department facilities are available for reservation for exclusive use. Fees vary according to the type of activity and organization (private, individual, non-profit or commercial). Reservations should be made a minimum of 30 days prior to rental request date and are subject to room and staff availability. The following Recreation Centers have rooms available for rentals: • Arts & Cultural Center • Boynton Beach Women's Club • Ezell Hester Jr. Center • Intracoastal Park Clubhouse • Boynton Beach Senior Center • Carolyn Sims Center Information on rental cost and locations is available on the Recreation & Parks , lIT'i ll e, lli„fPfu.A„p„I,,COII,T,l. For information on rental availability Department website- rvrvr. contact the Registration Office at 561 742-6650 How to Make a Reservation: In order to request use of a Rental Facility, the renter must contact the Registration Office to check availability. If the date and room are available the next step is to complete and submit a Facility Use Application with the renter's information including proof of residency and organization type. Staff then reviews the information to determine what fees to charge. All renter must provide a Certificate of Insurance for the date of their event to complete the application. After payment staff provides a copy of the receipt and reviews the rules and regulations with the customer to sign to acknowledge the rules. All reservations are processed using RecTrac. Pavilion Rental Page 206 of 269 The Recreation & Parks Department offers park pavilion rentals at designated parks. The following parks have pavilions available for rent: • Barrier Free Park • Ezell Hester Jr. Community Park • Intracoastal Park • Jaycee Park • Meadows Park • Oceanfront Park • Sara Sims Park Pavilion reservations are for the pavilion area only; the park itself is open to the public. Pavilions are available at to all park patrons on first come, first serve basis unless the pavilion is reserved. There is signage located at each rental pavilion that indicates to the public that the pavilion is reserved for exclusive use and staff reminds the renter to have receipt onsite in case of unauthorized use. The Park Rangers are available to assist, if needed. Information on rental cost and locations is available on the Recreation & Parks Department website- rvrvr. I ,,ial, llii„fi ,fiu,„P„� 0011;"„p,. For information on rental availability contact the Registration Office at 561 742-6650 How to Make a Reservation: In order to request use of a Pavilion, the renter must contact the Registration Office to check availability. If the date and pavilion are available the next step is to complete and submit a Pavilion Reservation Application with the renter's information including proof of residency and organization type. Staff then reviews the information to determine what fees to charge. Pavilion rentals do not require a Certificate of Insurance unless more than 60 people are attending. Rental request that include entertainers, food vendors, food trucks, or anticipate attracting a crowd of a 150 or more attendees would require a Special Event Permit. After payment staff provides a copy of the receipt and reviews the rules and regulations with the customer to sign to acknowledge the rules. All reservations are processed using RecTrac. Special Event Permit A special event is defined by any temporary activity, gathering or group of people, in a common location on any City -owned, City controlled, commercial or private property that has an overt impact on the ordinary and normal use by the general public. Special Events shall include, but are not limited to festivals, fundraisers, exhibitions, musical performances, parades, fairs, shows, carnivals, rallies, parties, motorcades, street dances, bike -a -thous, races, walks, athletic events or other attended entertainment or celebrations that: • Require street closing or detours such that the usual flow of pedestrians or vehicular traffic is inhibited. • Utilize City property above normal usage. • Are intended to or likely to attract a substantial crowd. Page 207 of 269 • Are unlike the customary or usual activities generally associated with the property specifically permitted by the City's Zone Code/Land Development Regulations. • Require the use of City resources, financial or otherwise, in excess of the City's normal day-to-day operations. • Utilize parking spaces or open areas of private property in a manner other than intended or approved for use. • Any additional criteria as deemed by the City Manager. How to Make a Reservation: If the request meets the above criteria, the renter must submit a Special Event Permit Application that is available on the City's website along with a site map of the event and Certificate of Insurance. Special Event permits are reviewed and approved by the City's Special Event Team that includes members from various Departments. Once approved the Permittee receives the permit that should be onsite for the duration of the event. Athletic Field Rental Recreation & Parks Department athletic fields are available for reservation for exclusive use. Fees vary according to the type of activity and organization (private, individual, non- profit or commercial). Reservations should be made a minimum of 30 days prior to rental request date and are subject to field and staff availability. The following Park Athletic Fields are available for rentals: • Galaxy Park • Ezell Hester Jr. Park • Pence Park • Wilson Park Information on rental cost and locations is available on the Department website — w w inn a_Ke.]J„f e fu„iii go.ii ?. For information on rental availability contact the Registration Office at 561 742-6650 How to Make a Reservation: In order to request use of an Athletic Field, the renter must contact the Registration Office to check availability. If the date and field are available the next step is to complete and submit a Field Use Application with the renter's information including proof of residency and organization type. Staff then reviews the information to determine what fees to charge. All renter must provide a Certificate of Insurance for the date of their event to complete the application. After payment is received, staff provides a copy of the receipt and reviews the rules and regulations with the customer to sign to acknowledge the rules. All reservations are processed using RecTrac. Page 208 of 269 10.A. Unfinished Business 6/11/20211 Requested Action by Commission: Monthly update on the Town Square project by J KM Developers 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 209 of 269 11.A. New Business 6/11/20211 Requested Action by Commission: Commissioner Penserga requested information regarding economic development incentive programs offered by other cities throughout the County. David Scott will present some examples of programs provided by West Palm Beach, Delray Beach, Palm Beach Gardens and others. Explanation of Request: The Commission requested a discussion of (re)development and business incentive programs to consider for the City of Boynton Beach. Staff surveyed the (re)development and business incentive programs of regional cities. Additionally, the City partners with the Business Development Board as the countywide resource for relocating or expanding a business to or within Palm Beach County. Their services include help with permitting, incentive funding assistance, workforce development, research services, site selection, project management, and connections to public/private resources. They offer this information and assistance to decision -makers and consultants representing both significant large and small, domestic and international businesses in all industry sectors. The BDB also offers free and confidential services including: • Site inventory on available industrial buildings, land and office space are provided through our state-of- the-art computerized tracking system. • Site tours personally conducted by our Business Relocation and Expansion Staff. • Information on grants, assistance, and financial incentives available through the State of Florida, Palm Beach County, and local municipalities. • Introductions to the CareerSource Palm Beach County employee -training programs. • Introductions to public and private educational institutions. • Introductions to elected officials and local business leaders. • Review of available housing and cost of living. • Government zoning and permitting information. • Local buyer and supplier information. • Demographics and labor market information. • Available services and rates for utilities, communication, and transportation. • Introductions to banks, law firms, employment agencies, accounting firms, and all other appropriate suppliers. • Technical presentations tailored to company's specific location requirements. • Overview of Palm Beach County's lifestyle, including recreational and cultural amenities. • Research Services. The City's (re)development and business incentives are site specific, with offerings that differ for businesses located within the CRA district and businesses located outside of the CRA district. Generally, the City services include help with permitting, connection to incentive funding assistance through the BDB, workforce development through CareerSource, assistance with research services and site selection, and connections to public/private resources such as the Boynton Beach Library business resources. Page 210 of 269 How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Strategic Plan: Building Wealth in the Community Strategic Plan Application: Job creation Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D Exhibit Description f egioinal� and IBL.aiSiiness Incentive w; LAirvey Page 211 of 269 tn C m Mo O a E d � i o O *' a C d � U y c aj i+ V E N a Q O Q a 2 W O C O U W E 0 a` > v ° s m `o v s 0 '0 0 `0 E v s 4, a a nis ai c a1 2 E v s v`o — ov E on E i-° o o w C C a T x N Eo O a E hq p •� m� E o hq m o v c o Y = 9 Q c a` E ry > p o E 5 m a 2i ti a� c m 3 m z 5 m 3 0 t z E m n`o 3 o m c t = 3 E m v n`o a ° tea` a` E �. c °o a s3 ❑❑ o o v I mu = E vV - - � v� � n `v o m v v v �ml m � o -o _ _ o o Vo m v v ow mw `0 H ° E � v v v m O O _ c N n o 3 - "' a v O � v� m v c w lw N C N C CO N O O O i c O L Z>0 u L in c o v ` - o 'O w- vi o _ N N O m = _ o 'O N — O Q w o. o.+� E o = N aj m_ uw m n° o o co `o -o v v E s o v o m 2 v `0 .p o up o y o u v Ou ml v o v27 m y o a° m y *' E N e o n o o o„ um p v u v o t a _ ° E v oa O s o -ov v o- c -o s v o E a u \ -o E- 0 y a v 3 m F E - = a v v E +v. E v v`Y'i E m> v `o m o v E> m> E v E y o .o o F c E n `o_ -w E ` E v ` E ` m > `v v 'oO - v o- °- a e `o s 3 w w `o .o o o F Q — F — ° = F u ¢ �n ❑ t0 ❑ F �n - d Q E m 2 .y oo �- Q in n < �- ° ° E on E O C C a T x N Eo O a E hq p •� m� E o hq m o v c o Y = 9 Q c a` E ry > p o E 5 m a 2i ti a� c m 3 m z 5 m 3 0 t z E m n`o 3 o m c t = 3 E m v n`o a ° tea` a` E �. c °o a s3 ❑❑ a p m 2 E _ o"W a V E o G 9 A m A m = o. o" 3 O o o3 rn N 4- 0 N_ N N O1 m S N 0 q � ¢ 2 n � wE ] \( 7/ \} E ` {/ }E \ \ § 7 \ ( : (u ( - o \ o \\ \ \ o § \E' \ K\ V {] . E�� - § ({ y /§/ - - }\J ({ ! ; ) ! . } \ / ) 9 \ § § ( m S N 0 q � ¢ 2 n � 12.A. Legal 6/11/20211 Requested Action by Commission: Proposed Resolution No. R21-054 - Approve the City's participation in the Memorandum of Understanding which establishes the allocation of settlement funds arising from the statewide Opioid Litigation. Explanation of Request: The Florida Attorney General has engaged in extensive negotiation with the defendants of the opioid litigation, as well as with the various state and local governmental entities who are parties to, or affected by, the litigation. As a result of such negotiations and discussions, the Attorney General has drafted a Memorandum of Understanding to establish how the funds arising from the litigation will be allocated to the cities. The MOU is an allocation agreement and applies to the distribution of settlement proceeds obtained through the Purdue Pharma L.P. ("Purdue") bankruptcy, the Mallinckrodt PLC ("Mallinckrodt") bankruptcy, the distributor (Cardinal Health, Inc., McKesson Corp., and AmerisourceBergen Corp. (collectively referred to as the "Distributors")) and Johnson & Johnson ("J&J") potential deal, as well as any additional settlements obtained related to the opioid litigation. The letter from the Attorney General, in the agenda item backup, summarizes the primary terms of the MOU and attempts to anticipate questions that the commission may have regarding the proposed MOU. The current version of the MOU includes feedback and comments from many local subdivisions. The MOU is in substantially its final format, but may have a few final modifications arising from the Attorney General's recent conversations with the local government entities. At this time, we are seeking the Commission's approval, by Resolution, to approve the MOU, which is substantially complete, and to authorize the Mayor to sign the final MOU. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 214 of 269 Grant Amount: Attachments: Type D IBES dUltion D MeirnoiraindUlirn of Understanding D Exhibit D I etteir D Attachirneint Description IRESdUltion aUlthoiriziing IC OU for Opidid I itigation PiroposedMeirTy..vandUlirn of Understanding SchedL.JkDs A and IB to IC OU Correspondence firoirnAttc..)iriney C.,)e%ine%iral's office City and COL. inty Abcations Page 215 of 269 I RESOLUTION NO. R21 - 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AUTHORIZING BOYNTON BEACH TO JOIN WITH 6 THE STATE OF FLORIDA AND OTHER LOCAL 7 GOVERNMENTAL UNITS AS A PARTICIPANT IN THE 8 FLORIDA MEMORANDUM OF UNDERSTANDING AND 9 FORMAL AGREEMENTS IMPLEMENTING A UNIFIED 10 PLAN; AUTHORIZING THE MAYOR TO SIGN THE 11 DOCUMENTS AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City of Boynton Beach has suffered harm from the opioid 15 epidemic; and 16 17 WHEREAS, the City of Boynton Beach recognizes that the entire State of Florida 18 has suffered harm as a result from the opioid epidemic; and 19 WHEREAS, the State of Florida has filed an action pending in Pasco County, 20 Florida, and a number of Florida Cities and Counties have also filed an action In re: National 21 Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the "Opioid Litigation") 22 and the City of Boynton Beach is not a litigating participant in that action; and 23 WHEREAS, the State of Florida and lawyers representing certain various local 24 governments involved in the Opioid Litigation have proposed a unified plan for the 25 allocation and use of prospective settlement dollars from opioid related litigation; and 26 WHEREAS, the Florida Memorandum of Understanding (the "Florida Plan") sets 27 forth sets forth a framework of a unified plan for the proposed allocation and use of 28 opioid settlement proceeds and it is anticipated that formal agreements implementing 29 the Florida Plan will be entered into at a future date; and 30 WHEREAS, participation in the Florida Plan by a large majority of Florida cities 31 and counties willmaterially increase the amount of funds to Florida and should improve 32 Florida's relative bargaining position during additional settlement negotiations; and 33 WHEREAS, failure to participate in the Florida Plan will reduce funds available 34 to the State, City of Boynton Beach and every other Florida city and county. 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 36 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 37 S:ACA\RESO\Authorizing MOU For Opiod Litigation - Reso.Docx Page 216 of 269 I SECTION 1. The foregoing "WHEREAS" clauses are true and correct and hereby 2 ratified and confirmed by the City Commission. 3 SECTION 2. That the City of Boynton Beach finds that participation in the 4 Florida Plan would be in the best interest of the City and its citizens in that such a plan 5 ensures that almost all of the settlement funds go to abate and resolve the opioid epidemic 6 and each and every city and county receives funds for the harm that it has suffered. 7 SECTION 3. That the City of Boynton Beach hereby expresses its support of a 8 unified plan for the allocation and use of opioid settlement proceeds as generally 9 described in the Florida Plan, attached hereto as Exhibit "A." 10 SECTION 4. That Mayor Steven B. Grant is hereby expressly authorized to 11 execute the Florida Plan in substantially the form contained in Exhibit "A." 12 SECTION 5. That Mayor Steven B. Grant is hereby authorized to execute the 13 any formal agreements implementing a unified plan for the allocation and use of opioid 14 settlement proceeds that is not substantially inconsistent with the Florida Plan and this 15 Resolution. 16 SECTION 6. That the Clerk be and hereby is instructed to record this Resolution 17 in theappropriate record book upon its adoption. 18 SECTION 7. The City Clerk of the City of Boynton Beach is hereby directed to 19 furnish a certified copy of this Resolution to the Florida League of Cities; Florida 20 Association of Counties; Palm Beach County League of City; Palm Beach County 21 Commission and 22 23 Attorney General Ashley Moody 24 c\o John M. Guard 25 The Capitol 26 PL -01 27 Tallahassee, FL 32399-1050 28 29 SECTION 8. This Resolution shall take effect immediately upon its adoption. 30 31 S:ACA\RESO\Authorizing MOU For Opiod Litigation - Reso.Docx Page 217 of 269 I PASSED AND ADOPTED this 1st day of June, 2021. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Authorizing MOU For Opiod Litigation - Reso.Docx VOTE YES NO Page 218 of 269 PROPOSAL MEMORANDUM OF UNDERSTANDING Whereas, the people of the State of Florida and its communities have been harmed by misfeasance, nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply Chain; Whereas, the State of Florida, through its Attorney General, and certain Local Governments, through their elected representatives and counsel, are separately engaged in litigation seeking to hold Pharmaceutical Supply Chain Participants accountable for the damage caused by their misfeasance, nonfeasance and malfeasance; Whereas, the State of Florida and its Local Governments share a common desire to abate and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State of Florida; Whereas, it is the intent of the State of Florida and its Local Governments to use the proceeds from Settlements with Pharmaceutical Supply Chain Participants to increase the amount of funding presently spent on opioid and substance abuse education, treatment and other related programs and services, such as those identified in Exhibits A and B, and to ensure that the funds are expended in compliance with evolving evidence -based "best practices"; Whereas, the State of Florida and its Local Governments, subject to the completion of formal documents that will effectuate the Parties' agreements, enter into this Memorandum of Understanding ("MOU") relating to the allocation and use of the proceeds of Settlements described herein; and Whereas, this MOU is a preliminary non-binding agreement between the Parties, is not legally enforceable, and only provides a basis to draft formal documents which will effectuate the Parties' agreements. A. Definitions As used in this MOU: 1. "Approved Purpose(s)" shall mean forward-looking strategies, programming and services used to expand the availability of treatment for individuals impacted by substance use disorders, to: (a) develop, promote, and provide evidence -based substance use prevention strategies; (b) provide substance use avoidance and awareness education; (c) decrease the oversupply of licit and illicit opioids; and (d) support recovery from addiction. Approved Purposes shall include, but are not limited to, the opioid abatement strategies listed on Exhibits A and B which are incorporated herein by reference. 2. "Local Governments" shall mean all counties, cities, towns and villages located within the geographic boundaries of the State. 3. "Managing Entities" shall mean the corporations selected by and under contract with the Florida Department of Children and Families or its successor ("DCF") to manage the 000003/01288125_1 Page 219 of 269 daily operational delivery of behavioral health services through a coordinated system of care. The singular "Managing Entity" shall refer to a singular of the Managing Entities. 4. "County" shall mean a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution. 5. "Municipalities" shall mean cities, towns, or villages of a County within the State with a Population greater than 10,000 individuals and shall also include cities, towns or villages within the State with a Population equal to or less than 10,000 individuals which filed a Complaint in this litigation against Pharmaceutical Supply Chain Participants. The singular "Municipality" shall refer to a singular of the Municipalities. 6. "Negotiating Committee" shall mean a three-member group comprised by representatives of the following: (1) the State; and (2) two representatives of Local Governments of which one representative will be from a Municipality and one shall be from a County (collectively, "Members") within the State. The State shall be represented by the Attorney General or her designee. 7. "Negotiation Class Metrics" shall mean those county and city settlement allocations which come from the official website of the Negotiation Class of counties and cities certified on September 11, 2019 by the U.S. District for the Northern District of Ohio in In re National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at https : Hallocatiomnap. iclaimsonline. com. 8. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this MOU. 9. "Opioid Related" shall have the same meaning and breadth as in the agreed Opioid Abatement Strategies attached hereto as Exhibits A or B. 10. "Parties" shall mean the State and Local Governments. The singular word "Party" shall mean either the State or Local Governments. 11. "PEC" shall mean the Plaintiffs' Executive Committee of the National Prescription Opiate Multidistrict Litigation pending in the United States District Court for the Northern District of Ohio. 12. "Pharmaceutical Supply Chain" shall mean the process and charnels through which Controlled Substances are manufactured, marketed, promoted, distributed or dispensed. 13. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in, or has engaged in the manufacture, marketing, promotion, distribution or dispensing of an opioid analgesic. 14. "Population" shall refer to published U.S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this MOU. These estimates can currently be found at https://www.census.gov Page 220 of 269 15. "Qualified County" shall mean a charter or non -chartered county within the State that: has a Population of at least 300,000 individuals and (a) has an opioid taskforce of which it is a member or operates in connection with its municipalities or others on a local or regional basis; (b) has an abatement plan that has been either adopted or is being utilized to respond to the opioid epidemic; (c) is currently either providing or is contracting with others to provide substance abuse prevention, recovery, and treatment services to its citizens; and (d) has or enters into an agreement with a majority of Municipalities (Majority is more than 50% of the Municipalities' total population) related to the expenditure of Opioid Funds. The Opioid Funds to be paid to a Qualified County will only include Opioid Funds for Municipalities whose claims are released by the Municipality or Opioid Funds for Municipalities whose claims are otherwise barred. 16. "SAMHSA" shall mean the U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration. 17. "Settlement" shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the State and Local Governments or a settlement class as described in (13)(1) below. 18. "State" shall mean the State of Florida. B. Terms 1. Only Abatement - Other than funds used for the Administrative Costs and Expense Fund as hereinafter described in paragraph 6 and paragraph 9, respectively), all Opioid Funds shall be utilized for Approved Purposes. To accomplish this purpose, the State will either file a new action with Local Governments as Parties or add Local Governments to its existing action, sever settling defendants, and seek entry of a consent order or other order binding both the State, Local Governments, and Pharmaceutical Supply Chain Participant(s) ("Order"). The Order may be part of a class action settlement or similar device. The Order shall provide for continuing jurisdiction of a state court to address non-performance by any party under the Order. Any Local Government that objects to or refuses to be included under the Order or entry of documents necessary to effectuate a Settlement shall not be entitled to any Opioid Funds and its portion of Opioid Funds shall be distributed to, and for the benefit of, the other Local Governments. 2. Avoid Claw Back and Recoupment - Both the State and Local Governments wish to maximize any Settlement and Opioid Funds. In addition to committing to only using funds for the Expense Funds, Administrative Costs and Approved Purposes, both Parties will agree to utilize a percentage of funds for the core strategies highlighted in Exhibit A. Exhibit A contains the programs and strategies prioritized by the U.S. Department of Justice and/or the U.S. Department of Health & Human Services ("Core Strategies"). The State is trying to obtain the United States' agreement to limit or reduce the United States' ability to recover or recoup monies from the State and Local Government in exchange for prioritization of funds to certain projects. If no agreement is reached with the United States, then there will be no requirement that a percentage be utilized for Core Strategies. Page 221 of 269 3. Distribution Scheme - All Opioid Funds will initially go to the State, and then be distributed according to the following distribution scheme. The Opioid Funds will be divided into three funds after deducting costs of the Expense Fund detailed in paragraph 9 below: (a) C l,y/County Fund- The city/county fund will receive 15% of all Opioid Funds to directly benefit all Counties and Municipalities. The amounts to be distributed to each County and Municipality shall be determined by the Negotiation Class Metrics or other metrics agreed upon, in writing, by a County and a Municipality. For Local Governments that are not within the definition of County or Municipality, those Local Governments may receive that government's share of the City/County Fund under the Negotiation Class Metrics, if that government executes a release as part of a Settlement. Any Local Government that is not within the definition of County or Municipality and that does not execute a release as part of a Settlement shall have its share of the City/County Fund go to the County in which it is located. (b) Rggional Fund- The regional fund will be subdivided into two parts. (i) The State will annually calculate the share of each County within the State of the regional fund utilizing the sliding scale in section 4 of the allocation contained in the Negotiation Class Metrics or other metrics that the Parties agree upon. (ii) For Qualified Counties, the Qualified County's share will be paid to the Qualified County and expended on Approved Purposes, including the Core Strategies identified in Exhibit A, if applicable. (iii) For all other Counties, the regional share for each County will be paid to the Managing Entities providing service for that County. The Managing Entities will be required to expend the monies on Approved Purposes, including the Core Strategies. The Managing Entities shall endeavor to the greatest extent possible to expend these monies on counties within the State that are non -Qualified Counties and to ensure that there are services in every County. (c) State Fund The remainder of Opioid Funds after deducting the costs of the Expense Fund detailed in paragraph 9, the City/County Fund and the Regional Fund will be expended by the State on Approved Purposes, including the provisions related to Core Strategies, if applicable. (d) To the extent that Opioid Funds are not appropriated and expended in a year by the State, the State shall identify the investments where settlement funds will be deposited. Any gains, profits, or interest accrued from the deposit of the Opioid Funds to the extent that any funds are not appropriated and expended within a calendar year, shall be the sole property of the Party that was entitled to the initial deposit. Page 222 of 269 4. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing the following sliding scale of the Opioid Funds available in any year: A. Years 1-6: 40% B. Years 7-9: 35% C. Years 10-12: 34% D. Years 13-15: 33% E. Years 16-18: 30% 5. Opioid Abatement Taskforce or Council - The State will create an Opioid Abatement Taskforce or Council (sometimes hereinafter "Taskforce" or "Council") to advise the Governor, the Legislature, Florida's Department of Children and Families ("DCF"), and Local Governments on the priorities that should be addressed as part of the opioid epidemic and to review how monies have been spent and the results that have been achieved with Opioid Funds. (a) Size - The Taskforce or Council shall have ten Members equally balanced between the State and the Local Governments. (b) Appointments Local Governments- Two Municipality representatives will be appointed by or through Florida League of Cities. Two county representatives, one from a Qualified County and one from a county within the State that is not a Qualified County, will be appointed by or through the Florida Association of Counties. The final representative will alternate every two years between being a county representative (appointed by or through Florida Association of Counties) or a Municipality representative (appointed by or through the Florida League of Cities). One Municipality representative must be from a city of less than 50,000 people. One county representative must be from a county less than 200,000 people and the other county representative must be from a county whose population exceeds 200,000 people. (c) A ?.ointments State - (i) The Governor shall appoint two Members. (ii) The Speaker of the House shall appoint one Member. (iii) The Senate President shall appoint one Member. (iv) The Attorney General or her designee shall be a Member. (d) Chair - The Attorney General or designee shall be the chair of the Taskforce or Council. (e) Term - Members will be appointed to serve a two-year term. Page 223 of 269 (f) Support - DCF shall support the Taskforce or Council and the Taskforce or Council shall be administratively housed in DCF. (g) Meetings - The Taskforce or Council shall meet quarterly in person or virtually using communications media technology as defined in section 120.54(5)(b)(2), Florida Statutes. (h) Reporting - The Taskforce or Council shall provide and publish a report annually no later than November 30th or the first business day after November 30th, if November 30th falls on a weekend or is otherwise not a business day. The report shall contain information on how monies were spent the previous fiscal year by the State, each of the Qualified Counties, each of the Managing Entities, and each of the Local Governments. It shall also contain recommendations to the Governor, the Legislature, and Local Governments for priorities among the Approved Purposes for how monies should be spent the coming fiscal year to respond to the opioid epidemic. (i) Accountabilit r - Prior to July 1 st of each year, the State and each of the Local Governments shall provide information to DCF about how they intend to expend Opioid Funds in the upcoming fiscal year. The State and each of the Local Government shall report its expenditures to DCF no later than August 31 st for the previous fiscal year. The Taskforce or Council will set other data sets that need to be reported to DCF to demonstrate the effectiveness of Approved Purposes. All programs and expenditures shall be audited annually in a similar fashion to SAMHSA programs. Local Governments shall respond and provide documents to any reasonable requests from the State for data or information about programs receiving Opioid Funds. (j) Conflict of Interest - All Members shall adhere to the rules, regulations and laws of Florida including, but not limited to, Florida Statute §112.311, concerning the disclosure of conflicts of interest and recusal from discussions or votes on conflicted matters. 6. Administrative Costs- The State may take no more than a 5% administrative fee from the State Fund ("Administrative Costs") and any Regional Fund that it administers for counties that are not Qualified Counties. Each Qualified County may take no more than a 5% administrative fee from its share of the Regional Funds. 7. Negotiation of Non -Multistate Settlements - If the State begins negotiations with a Pharmaceutical Supply Chain Participant that is separate and apart from a multi -state negotiation, the State shall include Local Governments that are a part of the Negotiating Committee in such negotiations. No Settlement shall be recommended or accepted without the affirmative votes of both the State and Local Government representatives of the Negotiating Committee. 8. Negotiation of Multistate or Local Government Settlements - To the extent practicable and allowed by other parties to a negotiation, both Parties agree to communicate with Page 224 of 269 members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply Chain Participant Settlement. 9. Expense Fund - The Parties agree that in any negotiation every effort shall be made to cause Pharmaceutical Supply Chain Participants to pay costs of litigation, including attorneys' fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a fund sufficient to pay the entirety of all contingency fee contracts for Local Governments in the State of Florida is not created as part of a Settlement by a Pharmaceutical Supply Chain Participant, the Parties agree that an additional expense fund for attorneys who represent Local Governments (herein "Expense Fund") shall be created out of the City/County fund for the purpose of paying the hard costs of a litigating Local Government and then paying attorneys' fees. (a) The Source of Funds for the Expense Fund- Money for the Expense Fund shall be sourced exclusively from the City/County Fund. (b) The Amount of the Expense Fund- The State recognizes the value litigating Local Governments bring to the State of Florida in connection with the Settlement because their participation increases the amount Incentive Payments due from each Pharmaceutical Supply Chain Participant. In recognition of that value, the amount of funds that shall be deposited into the Expense fund shall be contingent upon on the percentage of litigating Local Government participation in the Settlement, according to the following table: If fewer than 85% percent of the litigating Local Governments (by population) participate, then the Expense Fund shall not be funded, and this Section of the MOU shall be null and void. (c) The Timingof Payjients into W the Expense Fund- Although the amount of the Expense Fund shall be calculated based on the entirety of payments due to the City/County fund over a ten to eighteen year period, the Expense Fund shall be funded entirely from payments made by Pharmaceutical Supply Chain Participants during the first two years of the Settlement. Accordingly, to offset the amounts being paid from the City/County to the Expense Fund in the first two years, Counties or Municipalities may borrow from the Regional Fund during the first two years and pay the borrowed amounts back to the Regional Fund during years three, four, and five. Page 225 of 269 For the avoidance of doubt, the following provides an illustrative example regarding the calculation of payments and amounts that may be borrowed under the terms of this MOU, consistent with the provisions of this Section: Opioid Funds due to State of Florida and Local Governments (over 10 to 18 years): $1,000 Litigating Local Government Participation: 100% City/County Fund (over 10 to 18 years): $150 Expense Fund (paid over 2 years): $15 Amount Paid to Expense Fund in 1 st year: $7.5 Amount Paid to Expense Fund in 2nd year $7.5 Amount that may be borrowed from Regional Fund in 1st year: $7.5 Amount that may be borrowed from Regional Fund in 2nd year: $7.5 Amount that must be paid back to Regional Fund in 3rd year: $5 Amount that must be paid back to Regional Fund in 4th year: $5 Amount that must be paid back to Regional Fund in 5th year: $5 (d) Creation of and Jurisdiction over the Exl..)ense Fund- The Expense Fund shall be established, consistent with the provisions of this Section of the MOU, by order of the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, West Pasco Division New Port Richey, Florida, in the matter of The State of Florida, Office of the Attorney General, Department of Legal Affairs v. Purdue Pharma L.P., et al., Case No. 2018 -CA -001438 (the "Court"). The Court shall have jurisdiction over the Expense Fund, including authority to allocate and disburse amounts from the Expense Fund and to resolve any disputes concerning the Expense Fund. (e) Allocation of Payments to Counsel from the Ex�li�ense Fund- As part of the order establishing the Expense Fund, counsel for the litigating Local Governments shall seek to have the Court appoint a third -neutral to serve as a special master for purposes of allocating the Expense Fund. Within 30 days of entry of the order appointing a special master for the Expense Fund, any counsel who intend to seek an award from the Expense Fund shall provide the copies of their contingency fee contracts to the special master. The special master shall then build a mathematical model, which shall be based on each litigating Local Government's share under the Negotiation Class Metrics and the rate set forth in their contingency contracts, to calculate a proposed award for each litigating Local Government who timely provided a copy of its contingency contract. 10. Dispute resolution- Any one or more of the Local Governments or the State may object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or expenditure at issue (a) is inconsistent with the Approved Purposes; (b) is inconsistent with the distribution scheme as provided in paragraph 3, or (c) violates the limitations set forth herein with respect to administrative costs or the Expense Fund. There shall be no other basis for bringing an objection to the approval of an allocation or expenditure of Opioid Funds. Page 226 of 269 Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies ("Core Strategies")[, such that a minimum of % of the [aggregate] state -level abatement distributions shall be spent on [one or more of] them annually].1 A. Naloxone or other FDA -approved drug to reverse opioid overdoses 1. Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. Medication -Assisted Treatment ("MAT") Distribution and other opioid -related treatment 1. Increase distribution of MAT to non -Medicaid eligible or uninsured individuals; 2. Provide education to school-based and youth -focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication with other support services. C. Pregnant & Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT") services to non - Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder ("OUD") and other Substance Use Disorder ("SUD")/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence -based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant -need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. 1 As used in this Schedule A, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. Page 227 of 269 m E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. ; 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. F. Treatment for Incarcerated Population 1. Provide evidence -based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence -based prevention programs in schools.; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre -arrest diversion programs, post - overdose response teams, or similar strategies that connect at -risk individuals to behavioral health services and supports. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases. I. Evidence -based data collection and research analyzing the effectiveness of the abatement strategies within the State. 2 Page 228 of 269 Schedule B Approved Uses PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following:2 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication -Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence -based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based or evidence - informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence -based withdrawal management services for people with OUD and any co- occurring mental health conditions. 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction, medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training, z As used in this Schedule B, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 3 Page 229 of 269 scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. [Intentionally Blank — to be cleaned up later for numbering] 13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 14. Dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service -Opioids web -based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication -Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for or recovery from OUD and any co-occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA -approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in demstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. n Page 230 of 269 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co- occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have — or at risk of developing — OUD and any co- occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically -appropriate follow-up care through a bridge clinic or similar approach. 5 Page 231 of 269 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid - related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non -profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: a. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or C Page 232 of 269 f. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence -based options for persons with OUD and any co-occurring SUD/MH conditions 4. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual -diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal -justice -involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Support evidence -based or evidence -informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women — or women who could become pregnant — who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 4. Expand comprehensive evidence -based treatment and recovery support for NAS babies; expand services for better continuum of care with infant -need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. 7 Page 233 of 269 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including but not limited to parent skills training. 10. Support for Children's Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non -opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point -of -care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or Page 234 of 269 c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence - informed programs or strategies that may include, but are not limited to, the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take -back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction — including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 7. Engage non -profits and faith -based communities as systems to support prevention. 8. Fund evidence -based prevention programs in schools or evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 9. School-based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address X Page 235 of 269 mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid -related harms through evidence - based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, individuals at high risk of overdose, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities provide free naloxone to anyone in the community 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. Page 236 of 269 PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in sections C, D, and H relating to first responders, support the following: 1. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid -related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local, or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services; to support training and technical assistance; or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to share reports, recommendations, or plans to spend opioid settlement funds; to show how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share, or visualize key opioid -related or health-related indicators and supports as identified through collaborative statewide, regional, local, or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH 11 Page 237 of 269 Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non -opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. 12 Page 238 of 269 ASHLEY MOODY ATTORNEY GENERAL STATE OF FLORIDA April 13, 2021 Mayor Steven Grant City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 GrantS@bbfl.us RE: Opioid Litigation Dear Mayor Grant: OFFICE OF THE ATTORNEY GENERAL PL -01 The Capitol Tallahassee, FL 32399-1050 Phone (850) 414-3300 Fax (850) 487-0168 http://www,myfloridalegal.com My name is John Guard and I am the Chief Deputy Attorney General for the State of Florida (the "State"). Since she took office, Attorney General Moody has been heavily involved in leading both the State's ongoing opioid litigation and several different negotiations with defendants in that litigation. Those negotiations have included litigation counsel representing cities and counties. As part of those negotiations to enable Florida to achieve the maximum amount recoverable for both the State and its subdivisions, the State has been negotiating for a lengthy time with outside counsel for nearly all litigating political subdivisions within the State. After multiple sessions and significant compromise by both sides, the attached memorandum of understanding ("MOU") has been reached. We have offered and the lawyers for the litigating subdivisions are recommending to their clients that the attached MOU be accepted. This proposal is the result of numerous meetings and includes feedback and comments from many local subdivisions. Based on the status of this litigation, the likely structure of any resolution, the potential litigation risks in the absence of such an agreement, the State believe that this proposal reflects a reasonable compromise between the State and its political subdivisions. The purpose of this letter is to summarize the primary terms of the MOU and attempt to anticipate questions that you, your commission, and your internal and/or other legal counsel may have regarding this litigation and allocation proposal. Page i of 7 Page 239 of 269 What cases does this MOU apply? This allocation agreement is intended to govern the distribution of settlement proceeds obtained through the Purdue Pharma L.P. ("Purdue") bankruptcy, the Mallinckrodt PLC ("Mallinckrodt") bankruptcy, the distributor (Cardinal Health, Inc., McKesson Corp., and AmerisourceBergen Corp. (collectively referred to as the "Distributors")) and Johnson & Johnson ("J&J") potential deal, as well as any additional settlements obtained related to the opioid litigation. Why is an allocation agreement necessary and why now? Almost 100 political subdivisions within the State of Florida, as well as the State of Florida itself, have filed suit against numerous entities engaged in the manufacture, marketing, promotion, distribution or dispensing of opioids. Another 30 political subdivisions within the State of Florida have filed claims in the Purdue bankruptcy. The State and the Plaintiffs' Executive Committee for the Opioid Litigation Multi - District Litigation panel (the "PEC") are in ongoing negotiations with Purdue, Mallinckrodt, the Distributors, and J&J with potential resolutions anticipated in the coming weeks. Under the likely settlement structure for these cases, states and their political subdivisions are strongly incentivized to reach a joint resolution of all State and political subdivision claims. Under the Distributor and J&J deal, the State and its subdivisions receive a substantially larger settlement amount the higher the number of subdivisions sign on to the deal. Therefore, it is in the best interest of all political subdivisions and the State of Florida to reach an allocation agreement which will permit the joint resolution of all claims within the state. The deals contemplate the need for relatively quick buy in by subdivisions in order to maximize recovery. The pace of negotiations is accelerating, and Purdue has filed its plan of reorganization. Given this accelerating pace, there is a greater sense of urgency among all counsel to come to agreement and resolve how monies are going to be allocated, so that we can move Purdue, Mallinckrodt, and other potential settlements toward finality. Given the Sunshine law, the likely need for public notice and comment, and the complexity of the deals, we need to agree to an allocation plan now to ensure that Florida maximizes recovery. How can funds be utilized? You will see as you review the MOU that the State and its subdivisions, who execute this MOU, are agreeing that almost all the funds from any settlement will go to abatement activities. In other words, funds must be utilized for strategies, programming and services used to expand the availability of treatment for individuals impacted by Opioid Use Disorder or co-occurring Substance Use Disorder and Mental Health disorders ("Approved Purposes"). A non-exclusive list of potential abatement programs and uses are included in Exhibits A and B to the agreement. The list was developed nationally consulting with public health officials in multiple states, experts for the states and subdivisions, and officials within the United States Department of Health and Human Services. These uses are intended to best serve the overall purpose and Page 2 of 7 Page 240 of 269 intention of this litigation, which is to abate the continuing public health crisis of opioid addiction within our communities. While supported by the State, this requirement was imposed the defendants for tax and other reasons. It is also necessary to militate against the United States seeking substantial amounts of settlement funds from both the State and subdivisions as recoupment. How are the funds allocated amongst the States? While not part of the MOU, the States have been negotiating the national allocation for almost two years with an agreement reached in late 2019. Florida's interstate allocation is 7.03%. That allocation is the second largest allocation in the nation ahead of Texas, which is the second largest state. Florida is one of a handful of states whose allocation is greater and greater by a significant percentage above its population (Florida has 6.54% of the United States' population). The only states that have larger gains over their population are the opioid belt states: West Virginia, Kentucky, etc. The interstate allocation is the product of two measures. One calculated by the PEC and the other calculated by the States. The data sets chosen are slightly different (including different years and what measures were selected), but the main difference is that some states demanded that population play a more significant factor in the state allocation and it is not a factor in the PEC calculation. Given how much Florida's allocation percentage is above its population, the need in these settlements to maximize the number of states settling, and the potential litigation risks in the absence of such an agreement, it would be our recommendation that cities and counties accept the interstate allocation. How much money does the State expect for it and its subdivisions? It depends. Each of the current or proposed settlements are for different lengths of time and each contain different variability. In Purdue, payments are paid over a ten-year period and vary with the performance of the ongoing business of the new company and payments from third parties. In Mallinckrodt, payment amounts are still being negotiated, but will be paid over seven years and will vary depending on the value of the emerging company seven years later as part of the recovery is warrants in the re-emerged company. In the Distributor and J&J proposed deal, the proposed deal is over eighteen years and the amount paid varies depending on subdivision participation and whether other subdivisions file opioid related litigation in the future. As part of the MOU, the State is willing to seek judicial or legislative action to reduce the variability of the monies, especially in connection with the Distributor and J&J deal. Our current best guess based on projections and assuming total participation is $120-140M a year for the first few years, $90- 110M a year for the middle years, and then $60-70M a year for the later years of the deal for the State and its subdivisions. Again, these numbers can and will vary and hopefully will increase if additional settlements are reached. How are the funds allocated amongst the State and its subdivisions? This Proposal divides all settlement funds between three funds: (1) the City/County Fund; (2) the Regional Fund; and (3) the State Fund. Page 3 of 7 Page 241 of 269 The U!I/Count° Fund consists of 15% of the total settlement amounts allocable to the State of Florida. These funds are distributed to all counties and qualifying municipalities in the State of Florida. The allocation of the City/County Fund between counties and municipalities is based on a model referred to as the "Negotiation Class Metrics." This model was developed in the National Prescription Opiate MDL by the PEC, and considers: (1) the amount of opioids shipped to the county; (2) the number of opioid deaths that occurred in that county; and (3) the number of people who suffer opioid use disorder in that county. Allocations between counties and municipalities within each county use historical federal data showing how the specific county and the cities within it have made opioids -related expenditures in the past. We have attached a spreadsheet to this letter that provides you an estimated amount per year for an amount within each range in the previous question. The Reional Fund consists of a sliding scale between 30% and 40% of the total settlement amounts allocable to the State of Florida, with the largest percentages occurring in the immediate years after settlement and decreasing over time. These funds are allocated to counties in accordance with the "Negotiating Class Metrics" described above. In the case of counties with a population of over 300,000, and which satisfy other criteria regarding abatement infrastructure, (termed "Qualified Counties") these funds are provided directly to the county. For the remainder of counties within the State, these funds are provided to the Managing Entity (the entity that the State has contracted with to provide substance abuse treatment) for that county, to be spent on approved purposes within the region that the county is a part. For Counties with populations greater than 300, 000: We encourage you to review the definition of Qualified County in the MOU, so that you can understand the other requirements that you will have to meet. Importantly, the definition of Qualified County requires that you reach an agreement with at least some municipalities (at least 50% of the population) within your county as to how these funds are spent. The requirements of such agreements are subject to further discussion and negotiation. We have attached a spreadsheet to this letter that provides you an estimated amount per year for an amount within each range in the previous question. The amount will vary for qualified counties depending on how many municipalities in that County: (1) join a settlement; and (2) enter an agreement with a County. For Counties with populations less than 300, 000 or that do not qualify as a Qualified County: Currently, a majority of the monies being utilized to respond to the opioid epidemic in the State flow through Managing Entities located regionally who provide service in each community. When we traveled the state before COVID and had discussions with many of you, most (outside a couple large counties) indicated that they Page 4 of 7 Page 242 of 269 had a good working relationship with their Managing Entity. Indeed, several indicated that they were already involved with their Managing Entity. The actual dollar amounts annually paid to smaller counties under the contemplated settlement agreements are not substantial enough to support standalone programs. Given that reality, but wanting to maximize services locally, it made sense to have the monies flow through the existing structure to expand services in each county. If there are issues or problems with Managing Entities, we are happy to engage. We are also happy to try and help communities get involved in or engage with their Managing Entity. We have attached a spreadsheet to this letter that demonstrates the amounts attributable to each county per year for an amount within each range in the previous question. The State Fund consists of the remaining 45% to 55% of the total settlement amounts allocable to the State of Florida, depending on the amount of the Regional Fund above. As with the City/County Fund and Regional Fund, these funds must be spent on Approved Purposes Why should we agree to this allocation? The proposed allocation in the MOU is better than the alternative that subdivisions will receive if they do not enter an agreement with the State. Two of the defendants who we have negotiated with, Purdue and Mallinckrodt are now in bankruptcy. In advance of and in connection with those bankruptcies, the states, the PEC, and city and county representatives negotiated a default intrastate allocation and agreed that it will apply unless a state and its cities and counties agree to something else. A Deputy County Attorney for Broward County, Florida, was involved in the negotiations related to Purdue. Something like the Purdue default allocation is currently in the draft connected to the Distributor and J&J deal. The allocation above is superior for Florida's subdivisions than that default allocation. Indeed, the State offered substantial improvements over those terms from the beginning of the negotiations that led to this MOU. We have attached a copy of the Purdue abatement term sheet for your review. Under that default allocation, there is no city/county fund. Only subdivisions with populations greater than 400,000 people are eligible to receive any monies directly. Almost all the monies will flow through the Managing Entities who are regionally supplying services. The allocation percentages for the regional bucket are dollar based and decrease to half, far more quickly than in the MOU. In other words, the allocation in this MOU allows a far greater recovery directly to each Florida city and county than the alternative and greater recoveries regionally for all subdivisions. The allocation is also better than the cities and counties would achieve if damages were proportionally allocated. In the Purdue bankruptcy, over one hundred twenty-five Florida subdivisions filed proofs of claims. When the size of those claims is compared to that of the State's claim, the State's claim was more than four, almost five times larger than all the subdivisions' claims combined. Subdivisions are getting substantially more than what their proportional share would be. The State is willing to agree to the larger because it frankly reflects the reality of how monies are currently being spent and is consistent with how the legislature has been appropriating monies to combat this crisis. Page 5 of 7 Page 243 of 269 If individual subdivisions do not agree to a settlement, what will happen? If there are hold outs or subdivisions that do not respond, the MOU contemplates that the State will either file a new suit or sever its claims against settling defendants from its existing opioid lawsuit and add political subdivisions and through either a class action mechanism or declaratory relief seek to bar future subdivision claims. Such action is necessary to ensure that the State and any subdivisions that agree to a settlement maximize their recoveries. This not a novel position and there is a substantial body of Florida law that exists that the State may resolve and release public claims including subdivision claims.' That being said, the State would prefer that we reach agreement on the allocation under the proposed MOU and handle things consensually. But, if there are holdouts, the State is prepared to litigate or seek legislation from the legislature to ensure that cities and counties that agree to this MOU are protected and will receive the recovery contemplated under the allocation. What are the next steps and the timeline? We would ask that you review the attached MOU and proposed model resolution supporting an agreement on the MOU terms. We will be scheduling calls to answer questions about the MOU. We would ask each subdivision to think about who is attending each session and ensure that any of those discussions will not violate Florida's government -in -the -sunshine law. If you will contact my administrator, Janna Barineau, by e-mail (Janina.Bar neawr,,mvflorid<ategal.com), we will include you in those discussions. After those discussions, we would then ask that you follow Florida law for approving such a resolution by your commission and in due course, pass it, and return a copy to me at the address on the first page of the letter. Potential settlements are anticipated in the coming weeks or months, but I cannot tell you exactly when a settlement will be finalized. These proposed settlements are 1 See Fla. Stat. §501.207(1)(c)(authorizing the Attorney General to bring "[a]n action on behalf of one or more consumers or government entities for actual damages..." under Florida's Deceptive and Unfair Trade Practices Act); e.g., Engle v. Liggett Group, Inc., 945 So. 2d 1246, 1258-62 (Fla. 2006); Young v. Miami Beach Improvement Co., 46 So. 2d 26, 30 (Fla. 1950); Castro v. Sun Bank of Bal Harbour, 370 So. 2d 392, 393 (Fla. 3d DCA1979); City of New Port Richey v. State ex rel. O'Malley, 145 So. 903, 905 (Fla. 2d DCA 1962); also State of Florida ex rel. Shevin v. Exxon Corp., 526 F.2d 266, 275 (5t" Cir. 1976) (holding that the Attorney General could file suit seeking damages for injuries sustained by government entities who had not specifically authorized the Attorney General to do so); Eggers v. City of Key West, 2007 WL 9702450, at *3 (S.D. Fla. Feb. 26, 2007) (concluding "[a]pplicable Florida law states that a judgment in an action brought against a public entity that adjudicates matters of general interest to the citizens of the jurisdiction is binding on all citizens of that jurisdiction."); Aerojet-General Corp. v. Askew, 366 F. Supp. 901, 908-11 (N.D. Fla. 1973). Page 6 of 7 Page 244 of 269 anticipated to include provisions which establish time limits on agreements between states and political subdivisions. As a result, we would request that you pass a resolution in the next 60-90 days, if possible. cc: James Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard Ste 200 Boynton Beach, FL 33308-4348 jcherof@gorencherof.com Enc. Proposal with Ex. A and B Recovery Spreadsheet Purdue Abatement Term Sheet Sincerely, Jo' 6M. Guard, r' "'ief Deputy Attorney General Page 7 of 7 Page 245 of 269 Gey/county Fund 15% 'Regional Fuad 35% 'Scenario 1 $ 130,000,000.00 `ciry/cnnnty Fnne seennrio "1 $ 19,SW,000.00 (',Regional Fund Seenxrio 1 5 45,500,000.00 -Scenaria2 $ 100,000,000.00 -City/County Fund Seenxrio E2 $ 15,000,000.00 'Regiones Fund Scenario 2 $ 35,000,OW.00 aSeenario3 $ 20,000,000.00 City/Coanly Fond Scenario .3 § 10,§W,000A0 Reeiun®I Fund scenario' 5 24.500.000.00 Page 246 of 269 Page 247 of 269 Page 248 of 269 Page 249 of 269 Page 250 of 269 12.B. Legal 6/11/20211 Requested Action by Commission: Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: Patrick McFadden, Plaintiff vs. City of Boynton Beach, and Mark Sohn, Defendants — United States District Court, Southern District of Florida, Case Number: 9:20-cv 81237 -RS Explanation of Request: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: Patrick McFadden, Plaintiff vs. City of Boynton Beach, and Mark Sohn, Defendants — United States District Court, Southern District of Florida, Case Number: 9:20-cv 81237 -RS 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. The time and date of this private attorney-client session will be set at the June 1, 2021 City Commission meeting. How will this affect city programs or services? n/a Fiscal Impact: The cost of the court reporter Alternatives: Not approve attorney-client private session to discuss this litigation at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 251 of 269 Attachments: Type it eirno Description MeirnoiraindUlirnreqUIRDsting cbsed arc. oir se%ssibin Page 252 of 269 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: May 18, 2021 RE: Request for Private Attorney -Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: Patrick McFadden, Plaintiff vs. City of Boynton Beach, and Mark Sohn, Defendants — United States District Court, Southern District of Florida, Case Number: 9:20 -81237 -CV -RS 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. We will need approximately 45 minutes. The time and date of this private attorney-client session will be set at the June 1, 2021 City Commission meeting. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\3EE3ACOB-AEDB-4729-A3AD-8F4283587D12\Boynton Beach. 26728.1. Request For Ex_Session_-_(Mcfadden).Docx Page 253 of 269 12.C. Legal 6/11/20211 Requested Action by Commission: Proposed Ordinance 21-018 First Reading - Approve amending Chapter 2, Section 2-1.2 "Vice Mayor Appointment" providing for annual appointment or reappointment of new Vice -Mayor for a one year term. Explanation of Request: Both the City Charter and the City Code contain provisions for selection of a Vice Mayor. In order to resolve any conflict in application of the Charter and Code provisions, the City Commission finds that the intent of the Charter and Code is to provide for a one year term for Vice Mayor and for annual appointment of a Vice Mayor without regard to whether there is a municipal election in the year of selection. At the City Commission meeting on May 4, 2021, the City Commission requested that the timing of the appointment of the Vice -Mayor be clarified. How will this affect city programs or services? n/a Fiscal Impact: None Alternatives: Not approve the Ordinance and continue with the current way of electing a Vice -Mayor. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D f" firdliir:air:ce f" firdliir:air:ce a irneindliing Chapter 2 of the Code of Ordinances irega irdliing Vice lMayor w; �ellectioir: Page 254 of 269 I ORDINANCE NO. 21- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 2, SECTION 2-1.2 "VICE 5 MAYOR APPOINTMENT" PROVIDING FOR ANNUAL 6 APPOINTMENT OR REAPPOINTMENT OF NEW VICE - 7 MAYOR FOR A ONE YEAR TERM; PROVIDING FOR REPEAL 8 OF LAWS IN CONFLICT, SEVERABILITY, CODIFICATION 9 AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission has requested clarification of the appointment of the 12 Vice -Mayor; and 13 WHEREAS, the proposed changes to Chapter 2, Section 2-1.2 of the City Code of 14 Ordinances clarify that the appointment or reappointment of a Vice -Mayor is on an annual basis. 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 16 CITY OF BOYNTON BEACH, FLORIDA THAT: 17 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 18 being true and correct, and are hereby incorporated herein and made a part hereof. 19 Section 2. Both the City Charter and the City Code contain provisions for selection of 20 a Vice Mayor. In order to resolve any conflict in application of the Charter and Code provisions, 21 the City Commission finds that the intent of the Charter and Code is to provide for a one year term 22 for Vice Mayor and for annual appointment of a Vice Mayor without regard to whether there is a 23 municipal election in the year of selection. 24 Section 3. Chapter 2, Section 2-1.2 "Vice -Mayor Appointment" of the City's Code of 25 Ordinances is hereby amended to read as follows: 26 Sec. 2-1.2. Vice -Mayor appointment. 27 At the ;iii„ir,,,,,,,st pig„i„ii,,ii,pi!,,,,,,,i,,,iii„i!„9,,,,,,ii,!,,,,,,i„irii„�,,,,,,p;f,,,,,,each,,,,,,,y!SeGGr. 28.... ! w ii. 1....Rl' the City 29 Commission shall appoint one of its members to serve as Vice -Mayor. Any member 30 of the City Commission who has not previously served as Vice- Mayor during his or {00445593.2306-9001821} S:ACA\Ordinances\Vice Mayor Selection Chapter 2 - Ordinance.docx Page 255 of 269 31 her current term of office may be selected to serve as Vice-Mayor. No second of the 32 nomination is required. Voting shall occur in the following manner: Voting shall be 33 by voice vote. Each member of the Commission shall vote for one nominee in each 34 round of voting until one person obtains a majority vote. If no nominee obtains a 35 majority in round one, , ,s e,goli dround of voting Oji„�],,,,,0CCL.!,,!r,but the 36 nominee with the least number of votes ii o. the Hirst r0L.I. �d does not move on to round ............................................................................................................................ 37 two. I f the Cornrniissiioii] its u�2able to a 2Jnt a Viice Ma or as roviided hereiiii�, the 38 reviiousl aEi qii„ii ted Nike ll „ or wiill COrltiirlUe to serve in that ca acirt�r for another 3 9II 1, ', ,! ,! 1 , ° FWxeS R---�” r� �� 4w� e44 rn w� e �-, est- 40 war If only one member is nominated to serve as Vice-Mayor, the Mayor 41 shall declare the nominee appointed by acclamation without the necessity of a vote. 42 43 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in 44 conflict herewith be and the same are hereby repealed to the extent of such conflict. 45 Section 5. If any clause, section, or other part or application of this Ordinance shall be 46 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 47 invalid part or application shall be considered as eliminated and so not affecting the validity of the 48 remaining portions or applications remaining in full force and effect. 49 Section 6. Authority is hereby given to codify this Ordinance. 50 Section 7. This Ordinance shall become effective on passage. 51 FIRST READING this 1st day of June, 2021. 52 53 SECOND, FINAL READING AND PASSAGE this day of , 2021. 54 55 CITY OF BOYNTON BEACH, FLORIDA 56 57 YES NO 58 Mayor — Steven B. Grant 59 60 Vice Mayor — Woodrow L. Hay 61 62 Commissioner - Justin Katz 63 64 Commissioner — Christina L. Romelus 65 66 Commissioner - Ty Penserga 67 68 VOTE {00445593.2306-9001821} S:ACA\Ordinances\Vice Mayor Selection Chapter 2 - Ordinance.docx Page 256 of 269 69 ATTEST: 70 71 72 73 Crystal Gibson, MMC 74 City Clerk 75 76 77 (Corporate Seal) {00445593.2306-9001821} S:ACA\Ordinances\Vice Mayor Selection Chapter 2 - Ordinance.docx Page 257 of 269 13.A. Future Agenda Items 6/1/2021 Requested Action by Commission: Staff to provide an update on the COVI D-19 Vaccine Distribution - June 15, 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 258 of 269 13.B. Future Agenda Items 6/11/20211 Requested Action by Commission: Hear presentation from City staff on Neighborhood Traffic Calming Program - June 15, 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 259 of 269 13.C. Future Agenda Items 6/11/20211 Requested Action by Commission: First reading of ordinance relating to monuments on City property - June 15, 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 260 of 269 13.D. Future Agenda Items 6/11/20211 Requested Action by Commission: Discussion regarding proposal from Surfing Florida Museum - June 15, 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 261 of 269 13.E. Future Agenda Items 6/11/20211 Requested Action by Commission: Discussion on options and alternatives for public meeting record archives. - June 15, 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 262 of 269 13. F. Future Agenda Items 6/11/20211 Requested Action by Commission: Staff to present Resolution adding reversionary language to Planning and Zoning applications. - July 6, 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 263 of 269 13.G. Future Agenda Items 6/11/20211 Requested Action by Commission: Mayor Grant requested information on the water quality of canal systems within the City. Staff is requesting SFW MD to present this information - July 6, 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 264 of 269 13. H. Future Agenda Items 6/11/20211 Requested Action by Commission: Staff to provide an update on the American Rescue Plan - July 6, 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 265 of 269 13.1. Future Agenda Items 6/11/20211 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/1/2021 Requested Action by Commission: Update from staff on Head Start lease options - July 6, 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 266 of 269 13.J. Future Agenda Items 6/11/20211 Requested Action by Commission: Approval of Lease Agreements for City Hall Innovation Space and Cafes Operators - July 20, 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 267 of 269 13. K. Future Agenda Items 6/11/20211 Requested Action by Commission: Commissioner Penserga requested a discussion regarding a City Mural Program - July 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 268 of 269 13. L. Future Agenda Items 6/1/2021 Requested Action by Commission: Discussion on funding for expanding W i-Fi to City parks. - Will be presented during Budget Workshops 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 269 of 269