Agenda 02-20-24The City of
Boynton Beach
City Commission Agenda
Tuesday, February 20, 2024, 6:00
PM
City Hall Commission Chambers
100 E. Ocean Avenue
Boynton Beach City Commission
Ty Penserga, Mayor (At Large)
Thomas Turkin, Vice Mayor (District III)
Angela Cruz, Commissioner (District I)
Woodrow L Hay, Commissioner (District II)
Aimee Kelley, Commissioner (District IV)
Daniel Dugger, City Manager
Shawna Lamb, City Attorney
Maylee De Jesus, City Clerk
*Mission*
To create a sustainable community by providing exceptional
municipal services, in a financially responsible manner.
www.boynton-beach.org
Welcome
1
Thank you for attending the City Commission Meeting
General Rules & Procedures for Public Participation at
City of Boynton Beach Commission Meetings
The Agenda:
There is an official agenda for every meeting of the City Commissioners, which
determines the order of business conducted at the meeting. The City Commission will
not take action upon any matter, proposal, or item of business, which is not listed upon
the official agenda, unless a majority of the Commission has first consented to the
presentation for consideration and action.
Consent Agenda Items: These are items which the Commission does not need to
discuss individually and which are voted on as a group.
Regular Agenda Items: These are items which the Commission will discuss individually
in the order listed on the agenda.
Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This
can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
Speaking at Commission Meetings:
The public is encouraged to offer comment to the Commission at their meetings during Public
Hearings, Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the
right to impose time limits on the discussion on an issue.
Public Hearings: Any citizen may speak on an official agenda item under the section
entitled "Public Hearings."
Public Audience: Any citizen may be heard concerning any matter within the scope of
the jurisdiction of the Commission - Time Limit - Three (3) Minutes.
Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time
Limit - Three (3) Minutes.
Addressing the Commission: When addressing the Commission, please step up to either
podium and state your name for the record.
Decorum: Any person who disrupts the meeting while addressing the Commission may be
ordered by the presiding officer to cease further comments and/or to step down from the
podium. Failure to discontinue comments or step down when so ordered shall be treated as a
continuing disruption of the public meeting. An order by the presiding officer issued to control
the decorum of the meeting is binding, unless over-ruled by the majority vote of the
Commission members present.
Please turn off all cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
The City of Boynton Beach encourages interested parties to attend and participate in public
2
1.Openings
A.Call to Order - Mayor Ty Penserga
2.Other
A.Information Items by members of the City Commission.
3.Announcements, Community and Special Events And Presentations
A.Proclamation- 211 Awareness Month.
B.Proclamation- Robert E. Wells Day.
C.Presentation of potential methodology for Utility Infrastructure assessment review,
risk matrix development and prioritization for repairs and replacement projects.
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 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 Maylee
De Jesús, City Clerk at cityclerk@bbfl.us or (561) 742-6061.
Roll Call.
Invocation by Rev. Amalie Ash, First Presbyterian Boynton
Pledge of Allegiance to the Flag led by Commissioner Angela Cruz.
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
City Commissioners to disclose any informational items to the public.
Mayor Penserga will read the proclamation into the record. The proclamation will be
accepted by Patrice Schroeder, M.A. Human Behavior Community Relations
Specialist, of 211 Palm Beach.
Mayor Penserga will read the proclamation into the record. The proclamation will be
accepted by Kendra Wright.
Presentation by Utilities Department.
3
4.Public Audience
5.Administrative
A.Ratify Selection of Chair and Vice Chair for the Senior Advisory Board.
B.Ratify Selection of Chair and Vice Chair for the Community Redevelopment Advisory
Board.
C.Advisory Board Appointments.
6.Consent Agenda
A.Proposed Resolution No. R24-032- Approve the City's Local Housing Assistance
Plan (LHAP) for Fiscal Years 2024-2025, 2025-2026, and 2026-2027 and authorize
the Mayor to sign the LHAP Certification.
B.Proposed Resolution No. R24-033- Approve and authorize the City Manager to sign
the grant application, accept the grant, and execute all documents associated with
the grant subject to the approval of the City Attorney for the Florida Boating
Improvement Program Grant (FBIP) for the Phase Two - Construction of the boat
ramps and dock at Pioneer Canal Park, and authorize the Project Manager from
Construction Services - Public Works Department to serve as the project manager
on behalf of the City.
C.Proposed Resolution No. R24-034- Approve and authorize the City Manager to sign
the Landscape "Maintenance of Memorandum of Agreement" (MMOA) between the
City of Boynton Beach and the State of Florida Department of Transportation for
Broadstone project's irrigation, landscape, and hardscape items located within the
FDOT right-of-way along South Federal Hwy.
D.Proposed Resolution No. R24-035- Approve and authorize the City Attorney to
submit a voting ballot to accept the Bankruptcy Plan and to appoint the Chairperson
as special proxy to vote in favor of the Scheme at the relevant Scheme Meeting and
any adjournment thereof in the matter of Endo International, PLC, et al., which will
enable the City to participate in the Public Opioid Trust.
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).
Ratify the selection of Sandra Watson as Senior Advisory Board Chair and James
Czizik as Senior Advisory Board Vice Chair. The Senior Advisory Board voted during
the January 8, 2024, board meeting to appoint the positions.
Ratify the selection of Naomi Cobb as Community Redevelopment Advisory Board
Chair and Courtlandt McQuire as Community Redevelopment Advisory Board Vice
Chair. The Community Redevelopment Advisory Board voted during their January 4,
2024, board meeting to appoint the positions (see Attachment I).
City Commission to reappoint and appoint eligible members of the community to
serve in vacant positions on City Advisory Boards.
Staff recommends approval of Proposed Resolution No. R24-032.
Staff recommends approval of Proposed Resolution No. R24-033.
Staff recommends approval of Proposed Resolution No. R24-034.
Staff recommends approval of Proposed Resolution No. R24-035.
4
E.Proposed Resolution No. R24-036- Approve and authorize the Mayor to sign the
Agreement to Terminate the Economic Development Planning Interlocal Agreement
between the CRA and the City for Partial Funding of Economic Development Plan
Performed by Florida International University.
F.Budget Status Report for FY2023 thru September 2023 (unaudited).
G.Approval of purchases for over $10,000 for November and December 2023.
7.Consent Bids and Purchases over $100,000
A.Proposed Resolution No. R24-037- Authorize the City Manager to sign a 60-month
agreement for the purchase of MAN (Metropolitan Area Network) connectivity
services between City buildings and Internet connectivity services from Comcast
Cable Communications Management, LLC for $5,764.10 a month plus taxes and
fees and approve the yearly spending to Comcast Business Communications, LLC in
the amount of $186,300 for the 60-months of this agreement.
B.Proposed Resolution No. R24-038- Approve utilizing the City of Gainesville, Florida,
Contract - RFP No. MOBX-230063-DN and authorize the City Manager to sign an
agreement with NUE Urban Concepts, LLC of Palm Beach Gardens, Florida, for
Consulting Services related to the development of a Mobility Plan with an estimated
annual cost of $144,000. Proposed Resolution No. R24-039- Approve the Planning &
Zoning Department FY 23/24 Budget Amendment for the addition of unrealized
revenue totaling $30,000.
8.Public Hearing
6 P.M. or as soon thereafter as the agenda permits. T he City Commission will
conduct these public hearings in its dual capacity as Local Planning Agency and
City Commission.
A.Proposed Ordinance No. 24-002- Second Reading- An Ordinance of the City of
Boynton Beach, Florida repealing Sections 2-5, 2-6, and 2-7 of the City Code of
Ordinances; creating a new Article in Chapter 2, Administration, Article 6, entitled
"City Attorney;" providing for codification, severability, conflicts; and providing for an
effective date.
B.Proposed Ordinance No. 24-003- Second Reading - An Ordinance of the City of
Boynton Beach, Florida, amending Chapter 2. "Administration," Article IV, entitled
Staff recommends approval of Proposed Resolution No. R24-036.
Accept the Fiscal Year 2022-2023 Budget Status Report of the General Fund and
the Utilities Fund for the twelve-month period ended September 30, 2023, unaudited.
Accept the written report to the Commission for purchases over $10,000 for the
months of November and December 2023.
Staff recommends approval of Proposed Resolution No. R24-037.
Staff recommends approval of Proposed Resolution No. R24-038, and Resolution
No. R24-039.
Staff recommends approval of Proposed Ordinance No. 24-002, on Second Reading.
5
"Purchasing & Consultants," Section 2-56(c) is hereby amended to amend the
process to dispose of City -owned real property; providing for conflicts, severability,
codification; and an effective date.
C.Proposed Ordinance No. 24-004- Second Reading- An Ordinance of the City of
Boynton Beach, Florida, amending Chapter 2.5, "Alarm Systems," to clarify Fire
Department fees for responding to excessive false alarms; providing for repeal of
laws in conflict, severability, codification and an effective date.
D.Proposed Ordinance No. 24-005- Second Reading- An Ordinance of the City of
Boynton Beach, Florida, amending Chapter 9, "Fire Protection and Prevention,"
Section 9-1, "Boynton Beach Fire Code; Fire Codes Adopted," to update the City
Code as required by Florida Statute when a new edition of the Florida Fire
Prevention Code has been adopted; providing for repeal of laws in conflict,
severability, codification and an effective date.
9.City Manager’s Report
A.Finance Department Presentation
10.Unfinished Business
11.New Business
12.Legal
A.Proposed Ordinance No. 24-006- First Reading- An ordinance of the City of Boynton
Beach repealing Ordinances O#37, O#47, and O#136 related to segregation.
13.Future Agenda Items
A.Provide update on grant funded projects in the Capital Improvement Plan, and list of
CIP Projects - March 5, 2024
B.Adoption of the 2023-2028 Strategic Plan for the City of Boynton Beach - March 5,
2024
C.Discussion regarding regulations to support local businesses.- March 19, 2024
D.Discussion regarding existing regional programs and best practices to combat
homelessness in the City. - March 19, 2024
E.Discussion regarding the Art Assessment Fee being allocated to infrastructure
instead of public art. - TBD
Staff recommends approval of Proposed Ordinance No. 24-003, on Second Reading.
Staff recommends approval of Proposed Ordinance No. 24-004, on Second Reading.
Staff recommends approval of Proposed Ordinance No. 24-005, on Second Reading.
Presentation
Staff recommends approval of Proposed Ordinance No. 24-006 on First Reading.
Requested by Commissioner Cruz and Commissioner Kelley.
-
Discussion requested by Commissioner Cruz.
Discussion requested by Commissioner Hay.
Requested by Vice Mayor Turkin.
6
F.Discussion regarding combining City properties together to create senior affordable
housing . - TBD
G.Discussion regarding youth student attendance, at National League of Cities
Conference, sponsored by the City.- TBD
H.Discussion regarding a waiver process and criteria for workforce housing projects. -
TBD
I.Discussion regarding infrastructure, specifically paving in the City. - TBD
J.Discussion regarding Town Square project- planned hotel site. - TBD
14.Adjournment
Requested by Mayor Penserga.
Requested by Commission Hay.
Requested by Vice Mayor Turkin.
Requested by Vice Mayor Turkin and Commissioner Cruz.
Requested by Vice Mayor Turkin.
Notice
If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at
this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based. (F.S. 286.0105)
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an
equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please
contact the City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity
in order for the City to reasonably accommodate 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 from the office of the
City Clerk.
7
City of Boynton Beach
Agenda Item Request Form
3.A
Announcements, Community and Special Events And Presentations
02/20/2024
Meeting Date: 02/20/2024
Proclamation- 211 Awareness Month.
Requested Action: Mayor Penserga will read the proclamation into the record. The
proclamation will be accepted by Patrice Schroeder, M.A. Human Behavior Community
Relations Specialist, of 211 Palm Beach.
Explanation of Request: NA
How will this affect city programs or services? NA
Fiscal Impact: There is no fiscal impact to the budget for this item.
Attachments:
211 Awareness Month.docx
8
Proclamation
WHEREAS,211 helpline and crisis line continues to be that beacon of hope providing life-saving crisis
support and guidance when people are overwhelmed and don’t know where to turn; and
WHEREAS,People of all ages and walks of life are reaching out for their growing struggles with mental
& emotional health, addiction, housing, health and other concerns, 211 staff listen to each and every
person to provide available resource options and to help them strategize and problem solve; and
WHEREAS,211 also has specialized advocacy and support programs for the community that include
Caregiver Support, Help Me Grow and 211’s life-saving “Sunshine” daily phone calls which continue
to brighten the lives of isolated seniors and caregivers; and
WHEREAS,211’s Also responds to the 988 Lifeline number and support lines that include First
Responders and MYFLVET for veterans with peer-to-peer support providing assistance to these
specialized groups and their families.
NOW, THEREFORE,I, Ty Penserga, Mayor of The City of Boynton Beach, hereby proclaim February
Two Thousand Twenty-Four:
2-1-1 Awareness Month
in the City of Boynton Beach, and urge all citizens to be aware that if they are overwhelmed and in crisis
or just need to talk…211 is available any time of day or night. 211 staff can also provide referrals for
Mental Health Counseling, Substance Abuse, Health Care, Employment, Food Assistance, Day Care,
Support Groups, Volunteering, VITA free income tax preparation and so much more.
IN WITNESS WHEREOF,I hereunto set my hand and cause the official seal of the City of Boynton
Beach, Florida, to be affixed this 20th day of February, Two Thousand Twenty-Four.
_________________________
Ty Penserga, Mayor
ATTEST:
_____________________
Maylee De Jesús, MMC
City Clerk
9
City of Boynton Beach
Agenda Item Request Form
3.B
Announcements, Community and Special Events And Presentations
02/20/2024
Meeting Date: 02/20/2024
Proclamation- Robert E. Wells Day.
Requested Action: Mayor Penserga will read the proclamation into the record. The
proclamation will be accepted by Kendra Wright.
Explanation of Request: NA
How will this affect city programs or services? NA
Fiscal Impact: There is no fiscal impact to the budget for this item.
Attachments:
Robert E Wells Day.docx
10
Proclamation
WHEREAS, Mr. Robert E. Wells, a merchant sailor from Cat Island in the Bahamas, settled in Boynton
in 1890 where he and his wife, Elizabeth, raised one son, Harry.
WHEREAS, in 1892, Robert and Elizabeth Wells helped found St. Paul’s African Methodist Episcopal
Church. Officially established in 1900, St. Paul’s AME is the oldest church in the city.
WHEREAS, in 1896, Mr. Wells, and other members of St. Paul’s AME, successfully petitioned Dade
County School Board to provide a school for Boynton’s black/African American children. Originally called
“Boynton Colored School,” it later became known as “Poinciana Elementary.”
WHEREAS, On April 14, 1920, Mr. Wells was a signatory of the document incorporating Boynton as a
town; however, the land owned by him and the rest of the historic Heart of Boynton was not recognized in
the incorporation and was called “Boynton Colored Town.”
WHEREAS, in 1925, Mr. Wells platted the Robert Wells Subdivision. He built the main thoroughfare in
the historic Heart of Boynton called Wells Avenue (now known as Martin Luther King Junior Boulevard)
and built a home at number 416. In addition to selling land and building houses, Mr. Wells donated lots to
those in need, including St. Paul’s AME for the building of a church. In time, Wells Avenue became a
thriving downtown area for the black/African American community.
NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim
the 21st of February, Two Thousand Twenty-Four as:
Robert E. Wells Day
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 20th day of February,Two Thousand Twenty-
Four.
Ty Penserga, Mayor
ATTEST:
Maylee De Jesús, MMC
City Clerk
11
City of Boynton Beach
Agenda Item Request Form
3.C
Announcements, Community and Special Events And Presentations
02/20/2024
Meeting Date: 02/20/2024
Presentation of potential methodology for Utility Infrastructure assessment review, risk
matrix development and prioritization for repairs and replacement projects.
Requested Action: Presentation by Utilities Department.
Explanation of Request: Utilities has thousands of assets with many hundreds of miles of
underground pipe including potable water distribution, sanitary sewer collection and storm
water drainage transmission system. The Collection system is comprised of gravity system
pipes and force mains that along with pumping stations are needed to pump wastewater to the
Regional waste water plant. The Utilities has programs in place for infrastructure maintenance
and improvements but would like to take a proactive approach toward a more structured
approach for evaluating the current condition of assets, identifying the risks and potential
vulnerabilities and develop prioritization for repair and replacement of the infrastructure.
Utilities will be engaging consulting firms to analyze existing GIS data, interview staff and
review asset information and use risk modeling to evaluate and develop likelihood and
consequence of failure and prioritization matrix for future repair and replacement projects.
How will this affect city programs or services? This project will help Utilities assess and
identify the potential underground infrastructure assets that have a higher likelihood of failure,
and consequence of failure and develop prioritization matrix allowing staff to make data driven
decisions for infrastructure repair and replacement projects. This is a prudent and proactive
approach for utilizing available staff and budget resources and will also help Capital
Improvement Planning (CIP) for the long run. This is a first step in the journey for the Utility to
continuously improve assets to serve all Utility customers.
Fiscal Impact: No Fiscal Impact at this time
Attachments:
Commission Presentation Underground Utilities Risk Assessment 022024.pptx
12
UndergroundInfrastructure RiskAssessment
Poonam Kalkat
Utilities Director
February 20, 2024
13
• Serve 120K
customers with
over 37K accounts
in the City,
unincorporated
PBC, Ocean
Ridge and Town of
Hypoluxo
14
Distribution System
Distribution Pipes-462 miles
Active construction program for lining or replacement
4,356 Hydrants-99% operable-hydrant maintenance program
10,811 Valves-valve exercising program
Reclaimed Water System
17 miles of pipe, 6.7 MGD
32 air relief valves
15
Distribution System Assets
16
Sewer Collection System
Collection pipes-370 miles, 80%
of pressurized mains and 10% of
known gravity mains are in good
condition
Active construction program for
lining or replacement
17
Pumping Stations
191 Lift Stations
6 Master stations
Upgrades- improvement and rehab for majority completed in the last 5-10 years and 1 is in-design
Lift stations-20% repair and rehab projects in last two years
18
Collection System
19
Pumps and Lift Station system
monitoring screen
Pumping Stations
20
Stormwater
Drainage Pipes-86 miles
Major outfalls (>36 inches)- 13
Ponds-13
Pollution Control Boxes-39
Wet and Dry Retention areas-26
Pollution Control Device to
catch debris
21
Challenges
Aging Infrastructure- some
underground pipes are 50+
years old
Coastal environment and soil
conditions can impact the pipes
Growing population and
increased demands on the
system
Historically assets may not be
funded and maintained
adequately
Historically lack of
comprehensive condition
assessment and planning for
repair, rehab and replacement
22
Data Review and Analysis
Review currently available spatial
data in Geographic Information
System (GIS)
Pipe size
Pipe Age
Pipe material
Previous history of breaks and
repairs
Inspections and condition
assessment
Staff interviews and workshops
Geographical factors
Transmission system impacting
critical facilities
Hydraulic Model and other analysis
23
Developing Risk Matrix
Based on the desktop evaluation:
Probability or Likelihood of Failure
(Condition of the asset) (LoF) score
Older pipes have a higher score as
higher likelihood of failure
Consequence of Failure (Criticality)
(CoF) score
Larger diameter pipes have a
higher score as greater
consequence of failure
Develop a prioritization methodology
by combining these scores for further
inspection, repair, rehabilitation or
replacement
24
Next Steps
Select consultant by issuing an RFQ in the next couple of
weeks
Negotiate a contract and price for the Risk analysis
Final risk analysis report with a prioritization matrix and
recommendations
Presenting the findings to the Commission
Implementation of the recommendations and planning for
future CIP projects
25
Questions?
26
City of Boynton Beach
Agenda Item Request Form
5.A
Administrative
02/20/2024
Meeting Date: 02/20/2024
Ratify Selection of Chair and Vice Chair for the Senior Advisory Board.
Requested Action: Ratify the selection of Sandra Watson as Senior Advisory Board Chair
and James Czizik as Senior Advisory Board Vice Chair. The Senior Advisory Board voted
during the January 8, 2024, board meeting to appoint the positions.
Explanation of Request: The Senior Advisory Board voted during the January 8, 2024,
meeting to appoint Sandra Watson as Board Chair and James Czizik as Board Vice Chair.
How will this affect city programs or services? Ratification of Advisory Board Chair and
Vice Chair does not affect City programs or services.
Fiscal Impact: No fiscal impact
27
City of Boynton Beach
Agenda Item Request Form
5.B
Administrative
02/20/2024
Meeting Date: 02/20/2024
Ratify Selection of Chair and Vice Chair for the Community Redevelopment Advisory
Board.
Requested Action: Ratify the selection of Naomi Cobb as Community Redevelopment
Advisory Board Chair and Courtlandt McQuire as Community Redevelopment Advisory Board
Vice Chair. The Community Redevelopment Advisory Board voted during their January 4,
2024, board meeting to appoint the positions (see Attachment I).
Explanation of Request: The Community Redevelopment Advisory Board voted during their
January 4, 2024 meeting to appoint Naomi Cobb as Board Chair, and Courtlandt McQuire as
Board Vice Chair.
How will this affect city programs or services? Ratification of advisory board Chair and
Vice Chair does not affect City programs or services.
Fiscal Impact: There is no fiscal impact to the budget for this item.
Attachments:
Attachment I - January 4, 2024 CRAB Meeting Minutes
28
1
CRA Advisory Board Meeting
Thursday, January 4, 2024 - 6:30 PM
City Hall Chambers, 100 E. Ocean Avenue
561-737-3256
1. Call to Order
Chair Cobb called the meeƟng to order at 6:31 p.m.
2. Pledge of Allegiance
Chair Cobb asked the board to stand for the Pledge of Allegiance
3. Roll Call
Members Present:
Naomi Cobb (Chair)
CheveƩe Gadson
Alexandria Lopresto
Courtlandt McQuire
Lesha Roundtree
Staff:
Tim Tack, AcƟng CRA ExecuƟve Director
Vicki Curfman, AdministraƟve Assistant
Leslie Harmon, Prototype, Inc.
A. Discussion and ConsideraƟon of NominaƟon of New Chair
Chair Cobb discussed her past as Chair and noted she was willing to conƟnue to serve in the
role.
MoƟon:
Ms. Lopresto moved to nominate Naomi Cobb for Chair. Mr. McQuire seconded the
moƟon. In a roll call vote, the moƟon passed unanimously.
B. Discussion and ConsideraƟon of NominaƟon of New Vice Chair
29
2
MoƟon:
Ms. Roundtree moved to nominate Courtlandt McQuire for Vice‐Chair. Ms. Gadson
seconded the moƟon. In a roll call vote, the moƟon passed unanimously.
4. Agenda Approval
A. AddiƟons, DeleƟons, CorrecƟons to the Agenda
Vice‐Chair McQuire requested an addiƟon to the agenda for board and
staff introducƟons.
The Board members and staff each provided brief overviews of themselves.
B. AdopƟon of Agenda
MoƟon:
Ms. Roundtree moved to adopt the agenda. Ms. Gadson seconded the moƟon. In a
roll call vote, the moƟon passed unanimously.
5. Public Comment
There was none.
6. Consent
A. CRA Advisory Board MeeƟng Minutes ‐ October 6, 2022
MoƟon:
Mr. McQuire moved to adopt the agenda, with notaƟon that only one current member was
present at the meeƟng. Ms. Cobb seconded the moƟon. In a voice vote, the moƟon passed
unanimously.
B. 2024 CRA Advisory Board MeeƟng Dates
Mr. Tack stated staff had reviewed the dates to ensure there weren’t any conflicts.
Ms. Lopresto requested the July meeƟng be moved from July 8th to July 11th.
MoƟon:
Mr. McQuire moved to adopt the 2024 CRA Advisory Board MeeƟng dates was made by Mr.
McQuire except for the July date, which is to be reviewed, Ms. Gadson seconded the moƟon.
In a voice vote, the moƟon passed unanimously.
30
3
7. Assignments
A. Pending Assignments
No pending assignments.
B. Reports on Pending Assignments
Mr. Tack noted there were no reports on pending assignments. He discussed the CRA
budget, amendment to the CRA plan, and acquisiƟon for senior housing.
C. New Assignments
No new assignments.
8. CRA Board Items for CRA Advisory Board Review and RecommendaƟons
A. Old Business
Chair Cobb asked Mr. Tack to give a brief overview of the MLK property and an update.
Mr. Tack provided an update on the property.
B. New Business
None.
9. Future Agenda Items
Vice‐Chair McQuire requested staff prepare a presentaƟon on the mixed used projects that are
in progress.
Mr. Tack asked for clarificaƟon and noted he could put together a presentaƟon.
Mr. Tack suggested the Board look at the website, budget, and let him know if there were any
items Board members would like an update on.
Ms. Lopresto asked Chair Cobb what her vision and expectaƟons are for the advisory board.
Vice‐Chair McQuire noted Mr. Davis and Mr. Swee have not been communicaƟve with the City
or the Board.
Mr. Tack confirmed the City recently adopted an aƩendance policy for advisory boards and it
includes three unexcused absences. A fourth absence would result in a dismissal from the Board.
Ms. Lopresto asked if it is a two‐year term. Vice‐Chair McQuire stated if there is no
replacement appointed you can stay on a Board indefinitely.
31
4
10. Adjournment
There being no further business to discuss, the meeƟng was adjourned at 7:07 P.M.
NOTICE
THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE, PROGRAM OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256, AT
LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY
ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S
WEBSITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S
WEBSITE CAN BE OBTAINED FROM THE CRA OFFICE.
32
City of Boynton Beach
Agenda Item Request Form
5.C
Administrative
02/20/2024
Meeting Date: 02/20/2024
Advisory Board Appointments.
Requested Action: City Commission to reappoint and appoint eligible members of the
community to serve in vacant positions on City Advisory Boards.
Explanation of Request:
The City Clerk's Office has received applications from City residents who are seeking to
become new board members.
The attached list contains term openings and vacancies on the various advisory boards 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: There is no fiscal impact to the budget for this item.
Attachments:
Advisory Board Appointments_Reappointments_and_Applicants for February 20, 2024.docx
Camacho, Ricardo - Education and Youth Advisory Board.pdf
Carter, Julie Education and Youth Board.pdf
33
Advisory Board Vacancies February 20, 2024
Building Board of Adjustment and Appeals
Regular member 2 (2 year) terms
Alternate Member 2 (1 year) terms
Mayor Penserga Regular
Vice Mayor Turkin Regular
I Cruz Regular
II Hay Regular
IV Kelley Regular
Mayor Penserga Regular
Vice Mayor Turkin Alternate
I Cruz Alternate
Applicants:None
Employees Pension Plan Board of Trustees
Vice Mayor Turkin Member Employee Representative (Non-Bargaining)
I Cruz Member Employee Representative
Applicants:None
Education and Youth Advisory Board
Regular member 2 (2 year) terms
Alternate/Student Member 2 (1 year) terms
II Hay Regular
IV Kelley Regular
Mayor Penserga Alternate
I Cruz Student
Applicants:Ricardo Camacho – Regular member
Julie Carter – Regular member
Historic Resources Preservation Board – Quasi-judicial
Regular member 2 (2 year) terms
Alternate Member 2 (1 year) terms
I Cruz Alternate
Applicants: None
Library Board
Regular member 2 (2 year) terms
Alternate Member 2 (1 year) terms
I Cruz Alternate
II Hay Alternate
IV Kelley Regular
Applicants: None
Recreation and Parks Board
Regular member 2 (2 year) terms
Alternate Member 2 (1 year) terms
Mayor Penserga Regular
Vice Mayor Turkin Alternate
I Cruz Alternate
Applicants:None
34
Advisory Board Vacancies February 20, 2024
Senior Advisory Board
Regular member 2 (2 year) terms
Alternate Member 2 (1 year) terms
Vice Mayor Turkin Regular
I Cruz Regular
II Hay Regular
IV Kelley Alternate
Applicants:None
35
Stanzione, Tammy
From: ricardo_cmch <noreply@l23formbuilder.com>
Sent: Monday, January 22, 2024 2:50 PM
To: City Clerk
Subject: Advisory Board Appointment application
This Message Is From an External Sender
This message came from outside your organization.
Today's date 01/22/2024
Name Ricardo Camacho
Phone number 843-830-7178
Address 1001 Quantum Lakes Drive 1001
Boynton Beach Florida 33426
United States
Email ricardo_cmch@yahoo.com
Current occupation or, if
Hardware Product Manager
retired, prior occupation
Education B.A. Mass Communication Minors, Religion/Philosophy & Biology
Are you a registered voter? Yes
Do you reside within the
Yes
Boynton Beach City limits?
Do you own/manage a business
No
within City limits?
If"yes", name of business:
Are you currently serving on a
City board?
No
Have you served on a City
board in the past?
No
If"yes", which board(s)and when?
Have you ever been convicted
No
of a crime?
If "yes", when and where?
Advisory Board Education and Youth Advisory Board
If appointed by the City
Yes
Commission to serve as Board
36
Chair or Vice Chair are you
willing to serve in this capacity?
Personal Qualifications I am passionate about the youth in our community as they embody the vibrant spirit
that propels positive change and innovation.Their energy and enthusiasm are the
driving forces behind a future filled with possibilities. In classrooms, on sports fields,
and within various artistic endeavors, our young individuals showcase resilience,
creativity, and a determination to make a lasting impact. United by a shared vision for
a better tomorrow, they are not merely the leaders of the future; they are catalysts for
positive transformation today.Their passion ignites a sense of hope within me,
fostering a community where ideas flourish and dreams are pursued with unwavering
zeal.
Professional Memberships
Feel free to attach/upload an
extra sheet or resume.
Certification I,the applicant, hereby certify that the statements and answers provided herein are
true and accurate. I understand that, if appointed, any false statements may be cause
for removal from a board.
The message has been sent from 144.178.6.24(United States)at 2024-01-22 14:50:06 on Safari 17.1.2
Entry ID: 670
Referrer: https://www.bovnton-beach.org/
Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application
2
37
Stanzione, Tammy
From: City Clerk
Sent: Monday, January 22, 2024 8:39 AM
To: Stanzione, Tammy
Subject: FW: Advisory Board Appointment application
From:Juliecartertyc<noreply@123formbuilder.com>
Sent: Friday,January 19, 2024 1:39 PM
To: City Clerk<CityClerk@bbfl.us>
Subject: Advisory Board Appointment application
This Message Is From an External Sender
This message came from outside your organization.
Today's date 01/19/2024
Name Julie Carter
Phone number 561-331-7444
Address 123 Yacht Club Way 105
Hypoluxo FL 33462
United States
Email Juliecartertyc@icloud.com
Current occupation or, if
retired, prior occupation
Education
Education BA MA LLM
Are you a registered voter? Yes
Do you reside within the
No
Boynton Beach City limits?
Do you own/manage a business
No
within City limits?
If"yes", name of business:
Are you currently serving on a
City board?
No
Have you served on a City
board in the past?
No
If"yes", which board(s)and when?
Have you ever been convicted
No
of a crime?
38
If"yes",when and where?
Advisory Board Education and Youth Advisory Board
If appointed by the City
Commission to serve as Board
Chair or Vice Chair are you
Yes
willing to serve in this capacity?
Personal Qualifications I have an MA from Teachers College, Columbia University, and have taught all ages
and subjects in both private and state schools.
I am an advocate of education in the arts for all children regardless of background and
a proponent of the best education for all.
Professional Memberships
Feel free to attach/upload an
extra sheet or resume.
Certification I, the applicant, DO NOT certify that the statements and answers provided herein are
true and accurate.
The message has been sent from 172.58.128.99 (United States) at 2024-01-19 13:38:46 on iPhone 17.2
Entry ID: 668
Referrer: https://www.bovnton-beach.org/
Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application
2
39
City of Boynton Beach
Agenda Item Request Form
6.A
Consent Agenda
02/20/2024
Meeting Date: 02/20/2024
Proposed Resolution No. R24-032- Approve the City's Local Housing Assistance Plan
(LHAP) for Fiscal Years 2024-2025, 2025-2026, and 2026-2027 and authorize the Mayor
to sign the LHAP Certification.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-032.
Explanation of Request:
The City's two principal subsidized housing programs are driven by Community Development
Block Grant (CDBG) funds from HUD and State Housing Initiatives Partnership (SHIP) funds
administrated by the Florida Housing Finance Corporation (FHFC).
The SHIP program requires recipients of such funds to properly plan for and manage the
distribution of funds consistent with the rules and processes of Florida Statutes 420.907-
420.9079 and Rule Chapter 67-37.
Local Governments participating in the SHIP Program are required to submit an LHAP once
every three years. Unlike the CDBG program, which is based on a reimbursable funding
system, SHIP funds are allocated in advance to the administering government. The funds are
typically received by the City between July and October of each yearly period, often received
in 2 or more disbursements.
The five programs (a.k.a. "Strategies") administered through the City's LHAP are Purchase
Assistance with or without Rehabilitation, Owner Occupied Rehabilitation, Emergency Repair,
Rapid Re-Housing, and Disaster Assistance. The LHAP describes the maximum grant award
for each Strategy and for each of the three eligible income groups. The LHAP also indicates,
in part, eligibility criteria, application requirements, and priority applicants or ranking, with
particular attention on Special Needs Households, Essential Services Personnel, and Very
Low-Income Households.
40
The LHAP was drafted through a vetting process of the FHFC and the Florida Housing
Coalition. A legal ad was published to give members of the public an opportunity to make
comments on the plan and to announce this public meeting. Once the Commission approves
the draft document, it will be forwarded to the FHFC along with the Certification form signed by
the Mayor. Completion of this plan is a prerequisite to receiving the SHIP allocation for the
next three-year funding cycle.
How will this affect city programs or services?
The LHAP is a required component of the State's SHIP program.
Fiscal Impact:
The SHIP program allows for up to 10% of the grant award to fund administrative costs of
running the program.
Attachments:
Resolution No. R24-032- LHAP and certification 2024-2027
2024-2027 LHAP.pdf
Commission Presentation SHIP 2024-2027 LHAP.pptx
41
C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7C0B6641\@BCL@7C0B6641.docx
RESOLUTION R24-0321
2
3
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,4
APPROVING THE CITY'S LOCAL HOUSING ASSISTANCE PLAN 5
(LHAP) FOR FISCAL YEARS 2024-2025, 2025-2026, AND 2026-6
2027;AUTHORIZING THE MAYOR TO SIGN THE 7
CORRESPONDING LOCAL HOUSING CERTIFICATION; AND 8
PROVIDING AN EFFECTIVE DATE.9
10
WHEREAS, the City's two principal subsidized housing programs are driven by 11
Community Development Block Grant (CDBG) funds from HUD and State Housing Initiatives 12
Partnership (SHIP) funds administrated by the Florida Housing Finance Corporation (FHFC);13
and 14
WHEREAS,the SHIP program requires recipients of such funds to properly plan for 15
and manage the distribution of funds consistent with the rules and processes of Florida 16
Statutes 420.907-420.9079 and Rule Chapter 67-37; and17
WHEREAS, Local Governments participating in the SHIP Program are required to 18
submit an LHAP once every three years; and19
WHEREAS, upon the recommendation of staff, the City Commission deems it to be 20
in the best interests of the citizens and residents of the City of Boynton Beach to approve 21
the City's Local Housing Assistance Plan (LHAP) for Fiscal Years 2024-2025, 2025-2026, and 22
2026-2027 and to authorize the Mayor to sign the corresponding Local Housing Certification.23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 24
OF BOYNTON BEACH, FLORIDA, THAT:25
Section 1.The foregoing “Whereas” clauses are true and correct and are hereby 26
ratified and confirmed by the City Commission.27
Section 2.The City Commission of the City of Boynton Beach, Florida, hereby 28
approves the City's Local Housing Assistance Plan (LHAP) for Fiscal Years 2024-2025, 2025-29
2026, and 2026-2027 and authorizes the Mayor to sign the corresponding Local Housing 30
Certification, a copy of which is attached hereto and incorporated herein by reference as 31
Exhibit “A.”32
Section 3.This Resolution shall become effective immediately upon passage.33
42
C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7C0B6641\@BCL@7C0B6641.docx
PASSED AND ADOPTED this 6th day of February, 2024.34
CITY OF BOYNTON BEACH, FLORIDA35
YES NO36
37
Mayor – Ty Penserga __________38
39
Vice Mayor – Thomas Turkin __________40
41
Commissioner – Angela Cruz __________42
43
Commissioner – Woodrow L. Hay __________44
45
Commissioner – Aimee Kelley __________46
47
VOTE ______48
ATTEST:49
50
51
___________________________________________________________52
Maylee De Jesús, MPA, MMC Ty Penserga53
City Clerk Mayor54
55
APPROVED AS TO FORM:56
(Corporate Seal)57
58
_______________________________59
Shawna G. Lamb60
City Attorney61
62
63
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
State Housing Initiatives Partnership (SHIP) ProgramLocal Housing Assistance Plan (LHAP)2024-2027
RJ Ramirez
Community Improvement Division Manager
Email: ramirezr@bbfl.us
Phone: 561-742-6359
69
2024-2026 LHAP
Housing Strategies
Purchase Assistance With or Without
Rehabilitation
Assist income eligible homebuyers with the
purchase of an existing or new home.
Assistance may include Closing Cost, Down
Payment, Gap Financing and Rehabilitation to
make the unit safe and habitable.
15-year, 0% Interest, Forgivable Loan
Maximum Awards Existing UnitsVery Low: Up to $75,000.00 with repairsLow:Up to $65,000.00 with repairsModerate:Up to $25,000.00 with repairs
Maximum Awards Newly Constructed UnitsVery Low: $95,000.00Low:$85,000.00 Moderate: $50,000.00
Owner-Occupied Rehabilitation
Assist income eligible homeowners with needed
repairs and/or improvements both interior and
exterior for safe and sanitary habitation.
Assistance may include accessibility/architectural
barriers, correction of substantial code violations
and hurricane mitigation.
15-year, 0% Interest, The loan is forgiven 1/15th
per year over the 15-year term.
Maximum Awards Existing Units
Very Low: Up to $95,000.00
Low:Up to $85,000.00
Moderate: Up to $50,000.00
70
2024-2026 LHAP
Housing Strategies
Emergency Repair – Limited Rehabilitation
Assist income eligible elderly and/or disable
homeowners with needed repairs may include but
not limited to correcting City Building Code
violations; eliminating incipient housing code
violations; electrical or plumbing problems; air
conditioning replacement; accessibility
improvements for occupant(s) with disabilities.
Grant Maximum Award
Very Low: Up to $20,000.00
Low:Up to $20,000.00
Moderate:Up to $20,000.00
Disaster Assistance
In the event of a disaster declared by Executive
Order of the President of the United States or
Governor of Florida, SHIP funds that have not
been previously encumbered will be used to
provide assistance to income eligible owner-
occupied households located within the city limits
for the purpose of repairs, insurance deductibles,
and obtaining short term temporary housing.
Grant Maximum Awards
Very Low: Up to $20,000.00
Low:Up to $20,000.00
Moderate: Up to $20,000.00
71
2024-2026 LHAP
Housing Strategies
Rapid Re-Housing
Assist income eligible individuals or families who are homeless
as defined by F.S. 420.621(5). This is a household that lacks a
fixed, regular and adequate night time residence.
The type of assistance could include rental assistance, security
deposits and/or utility deposits.
Assistance will be provided directly to the housing provider
and/or utility company on behalf on the applicant(s).
Eligible household are limited to assistance once per lifetime.
Grant Maximum Award
Very Low: Up to $10,000.00
72
2024-2026 LHAP
Housing Delivery Goals Chart
Strategies
Homeownership
1,2 Purchase Assistance with Rehabilitation Yes 0 $75,000 2 $65,000 1 $25,000 $155,000.00 $0.00 $155,000.00 3
3,16 Owner-Occupied Rehabilitation Yes 1 $95,000 2 $85,000 1 $50,000 $315,000.00 $0.00 $315,000.00 4
6 Emergency Repair Yes 5 $20,000 7 $20,000 1 $20,000 $260,000.00 $0.00 $260,000.00 13
26 Rapid Re-Housing No 5 $10,000 $0.00 $50,000.00 $50,000.00 5
5 Disaster Assistance No 1 $20,000 1 $20,000 1 $20,000 $0.00 $60,000.00 $60,000.00 3
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
Total Homeownership 12 12 4 $730,000.00 $110,000.00 $840,000.00 28
New $ - Existing $ -
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
$0.00 $0.00 $0.00 0
Total Rental 0 0 0 $0.00 $0.00 $0.00 0
Administration Fees Yes
Home Ownership Counseling No
Total All Funds
$ 265,000 28.3%
$ 460,000 49.1%
$ 115,000 12.3%
Very-Low Income (30% requirement)OK
Low Income (30% requirement)OK
Moderate Income
Homeownership % (65% requirement)89.6%OK
Rental Restriction (25%)0.0%OK
$ 933,700
Set-Asides
Percentage Construction/Rehab (75% requirement)77.9%OK
OK
Units
$ 93,700 10%OK
New Construction Without
Construction Total
$ -
LI Units Max. SHIP
Award
Mod
Units
Max. SHIP
Award
Max. SHIP
Award
You must enter a purchase price limit above You must enter a purcahse price limit above
Purchase Price Limits:
Code Rental Qualifies for
75% set-aside VLI Units
LHAP Exhibt C 2024
FLORIDA HOUSING FINANCE CORPORATION
HOUSING DELIVERY GOALS CHART
2024-2025
Estimated Funds (Anticipated allocation only): $ 937,000
Name of Local Government: City of Boynton Beach
UnitsCodeQualifies for
75% set-aside VLI Units New Construction Without
Construction TotalMax. SHIP
Award LI Units Max. SHIP
Award
Mod
Units
Max. SHIP
Award
73
74
City of Boynton Beach
Agenda Item Request Form
6.B
Consent Agenda
02/20/2024
Meeting Date: 02/20/2024
Proposed Resolution No. R24-033- Approve and authorize the City Manager to sign the
grant application, accept the grant, and execute all documents associated with the
grant subject to the approval of the City Attorney for the Florida Boating Improvement
Program Grant (FBIP) for the Phase Two - Construction of the boat ramps and dock at
Pioneer Canal Park, and authorize the Project Manager from Construction Services -
Public Works Department to serve as the project manager on behalf of the City.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-033.
Explanation of Request: The Public Works Department is applying for a Florida Boating
Improvement Program Grant (FBIP). The program aims to fund Phase Two - Construction of
the boat ramps and dock at Pioneer Canal Park, which was closed in June 2023 due to
structural failures.
The proposed project includes:
• Constructing new ramps
• Parking spaces for boats with trailers
• Vehicular parking with ADA requirements
• ADA sidewalk access
The City is submitting an application for funding for the FBIP for up to $850,000 with a local
match of 26%. This is a reimbursable grant program, and if awarded, grant funds will be
disbursed to the City only after pre-approved deliverables have been met or completion of the
project occurs. The program guidelines were published on January 19, 2024, and the
application deadline is March 1, 2024.
If awarded, the grant documents require the City to comply with the following:
Site Dedication: Land and facilities owned by the recipient that are developed with funds
from FBIP shall be dedicated for a minimum of twenty (20) years as a boating access
site for the use and benefit of the public.
Real Property: In accordance with s. 287.05805, F.S., any state funds provided for the
purchase of or improvements to real property are contingent upon the political
subdivision granting to the State a security interest in the property for a minimum of the
amount of state funds provided for at least five (5) years from the date of purchase or the
completion of the improvements or as further required by law. The City will need to
75
review this requirement with the SFWMD.
The project must start within 60 days of execution of the agreement.
The City must have site control. If the project will occur over or in a navigable body of
water, or if the project is on sovereign submerged lands; the City must obtain
authorization to use the lands through a lease or easement within 6 months after grant
award. The City will need to renew its permit with SFWMD to comply with this provision.
How will this affect city programs or services?
This improvement will provide access to waterway/boat recreation activities to our residents
and surrounding areas.
Fiscal Impact: The FBIP grant is expected to cost up to $850,000 overall in phase II
throughout the project's lifecycle. Up to 26% cost share will be the City's fiscal responsibility.
Attachments:
Resolution No. R24-033- Florida Boating Improvement Program Grant.docx
FBIP - Program Guidelines.pdf
FBIP - Draft Application.pdf
76
C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C0B5F22\@BCL@5C0B5F22.docx
RESOLUTION NO. R24-0331
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3
APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE 4
GRANT APPLICATION, ACCEPT THE GRANT, AND EXECUTE ALL 5
DOCUMENTS ASSOCIATED WITH THE GRANT SUBJECT TO THE 6
APPROVAL OF THE CITY ATTORNEY, FOR FLORIDA BOATING 7
IMPROVEMENT PROGRAM GRANT (FBIP); AUTHORIZING THE PROJECT 8
MANAGER FROM CONSTRUCTION SERVICES - PUBLIC WORKS 9
DEPARTMENT TO SERVE AS PROJECT MANAGER ON BEHALF OF THE 10
CITY; AND PROVIDING AN EFFECTIVE DATE.11
12
WHEREAS,the Public Works Department is applying for a Florida Boating Improvement 13
Program Grant (FBIP); and14
WHEREAS,the program aims to fund Phase Two - Construction of the boat ramp and 15
dock at Pioneer Canal Park, which was closed in June 2023 due to structural failures; and16
WHEREAS, this improvement will provide access to waterway/boat recreation activities 17
to our residents and surrounding areas; and18
WHEREAS, The City is submitting an application for funding for the FBIP for up to 19
$850,000 with a local match of 26 percent; and20
WHEREAS, upon recommendation of staff, the City Commission has determined that 21
it is in the best interests of the residents of the City to approve and authorize the City Manager 22
to sign the grant application, accept the grant, and execute all documents associated with the 23
grant subject to the approval of the City Attorney, for Florida Boating Improvement Program 24
Grant (FBIP); and authorize the Project Manager from Construction Services - Public Works 25
Department to serve as project manager on behalf of the City.26
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 27
BOYNTON BEACH, FLORIDA, THAT:28
Section 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 29
being true and correct and are hereby made a specific part of this Resolution upon adoption 30
hereof. 31
Section 2.The City Commission of the City of Boynton Beach, Florida, does hereby 32
approve and authorize the City Manager to sign the grant application, accept the grant, and 33
77
C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C0B5F22\@BCL@5C0B5F22.docx
execute all documents associated with the grant, subject to the approval of the City Attorney, 34
for Florida Boating Improvement Program Grant (FBIP); and authorizes the Project Manager 35
from Construction Services - Public Works Department to serve as project manager on behalf 36
of the City. A copy of the Grant Application is attached hereto and incorporated herein as 37
Exhibit “A.”38
Section 3.This Resolution shall become effective immediately upon passage.39
40
PASSED AND ADOPTED this 20th day of February, 2024.41
42
CITY OF BOYNTON BEACH, FLORIDA43
YES NO44
45
Mayor – Ty Penserga __________46
47
Vice Mayor – Thomas Turkin __________48
49
Commissioner – Angela Cruz __________50
51
Commissioner – Woodrow L. Hay __________52
53
Commissioner – Aimee Kelley __________54
55
VOTE ______56
57
ATTEST:58
59
___________________________________________________________60
Maylee De Jesús, MPA, MMC Ty Penserga61
City Clerk Mayor62
63
APPROVED AS TO FORM:64
(Corporate Seal)65
66
_______________________________67
Shawna G. Lamb68
City Attorney69
70
78
Division of Law
Enforcement
Boating and
Waterways Section
Florida Boating
Improvement
Program
620 South Meridian
Street
Tallahassee, FL
32399-1600
Tel: (850) 488-5600
Fax: (850) 488-9284
E-mail:
FBIP@MyFWC.com
Florida Boating
Improvement
Program
Guidelines
November 2022
Permission is granted for duplication, use and reuse of any and all information contained
in this document.
79
TABLE OF CONTENTS
AT A GLANCE ……………………………………………………………………………...……2
SECTION I – INTRODUCTION …………………………………...………………………...… 3
Purpose and Statutory Authority ……………………………………………….……….…….. 3
Source of Funds …………………………………………………………………………….…. 3
Where to Get Information ……………………………………………………….……………..3
Tentative Grant Timeline and Process …………………………………………………………4
SECTION II – ELIGIBILITY AND FUNDING ……………………………………...……….. 5
Eligible Applicants …………………………………………………………………………..…5
How We Fund ………………………………………………………………………………….7
Ineligible Applicants ………………………………………………………………….………..5
Types of Applications ………………………………………………………………………….5
Types of Requests ……………………………………………………………………………...5
Eligible Projects ………………………………………………………………………………..6
Ineligible Projects …………………………………………...………………………………… 7
SECTION III – COMPLIANCE AND REQUIREMENTS …….....……….……..…...……… 8
Permitting and Safety …………………………………………………………………………. 8
Access Requirements …………………………………………………………………………..8
Property Records ……………………………………………………………………………… 9
Monitoring and Audits ……………………………………………………………………… 10
Grant Management ……………………………………………………………………………10
SECTION IV – SUBMITTING AN APPLICATION …………………………………………12
Application Process……………………………………………...……….……………………12
Keys to the Application Form …………………………………………..……………………..12
Keys to the Application Attachments …………………………………………………………13
SECTION V – PROJECT EVALUATION………………………………………………..……14
How Project Evaluation Works ……………………………………………………………….14
Technical Evaluation ………………………………………………………………………….15
Qualitative Evaluation…………………………………………………………………………15
Bonus Points …………………………………………………………………………………..16
Tie Breaker System …………………………..………………………………………………..16
SECTION VI – ACRONYMS AND DEFINITIONS ….......…………………………………..17
1
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
80
AT A GLANCE
What is the Florida Boating
Improvement Program (FBIP)?
FBIP is a state financial assistance program that provides
funding through competitive grants for boating access
projects and boating-related activities on coastal and
inland waters within the State.
Who administers the program? Pursuant to Sections 206.606 and 327.47 F.S., FBIP is
administered by the Florida Fish and Wildlife
Conservation Commission’s Division of Law
Enforcement, Boating and Waterways Section.
Who may apply? Eligible program participants include county governments,
municipalities and other local governmental entities of the
State of Florida.
When are applications due? The Commission will announce the application submission
period in the Florida Administrative Register before
February 1 of each year. Applications must be submitted
within sixty (60) days after the announcement date or by
the deadline in the announcement, whichever is later.
What are the funding categories? • Boat Access Facilities
• Recreational Channel Markings/Uniform Waterway
Markers
• Boater Education
• Derelict Vessel Removal
• Other Local Boating-related Activities
How is my project evaluated? Applications will be reviewed and scored by an evaluation
committee chaired by the FBIP Program Administrator
and comprised of no less than four (4) evaluators approved
by the Commission’s Director of the Division of Law
Enforcement.
Is there a cost share requirement? No. However, applicants who provide some share of the
total cost will receive additional points in the technical
evaluation.
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
2
81
SECTION I - INTRODUCTION
PURPOSE AND STATUTORY AUTHORITY
The Florida Fish and Wildlife Conservation Commission (Commission) pursuant to Sections 206.606 and
327.47, F.S., is charged with providing funding through competitive grants for projects designed to serve
the needs of boaters and boating-related activities on coastal and inland waters within the State. General
provisions, requirements, and information stated herein, and applicable laws and rules, constitute the
program guidelines of the Florida Boating Improvement Program (FBIP).
The FBIP is established in accordance with Section 206.606(1)(b)3., F.S., to fund local projects to provide
recreational channel markings and other uniform waterway markers, public boat ramps, lifts, and hoists,
marine railways, and other public launching facilities, derelict vessel removal, and other local boating-
related activities.
Section 327.47, F.S., authorizes the Commission to fund projects through a competitive grant program for
the construction and maintenance of publicly-owned boat ramps, piers and docks, boater education and
economic development initiatives that promote boating in the State. Section 328.72(15), F.S., authorizes a
competitive grants program for public launching facilities.
The Commission reserves the right to use FBIP funds to fulfill the non-federal match requirements for
grants funded through the Federal Sport Fish Restoration Act Boating Access Program in order to make the
best use of available resources.
SOURCE OF FUNDS
Section 206.606(1)(b)1., F.S., provides that a minimum of $1.25 million of the funds collected from fuel
sales taxes that are transferred to the State Game Trust Fund shall be used to fund local projects to provide
recreational channel markings and other uniform waterway markers, public boat ramps, lifts and hoists,
marine railways, and other public launching facilities, derelict vessel removal, and other local boating-related
activities.
Section 327.47, F.S., authorizes the Commission to fund projects through a competitive grant program using
a portion of the moneys attributable to the sale of motor and diesel fuel at marinas transferred to the Marine
Resources Conservation Trust Fund pursuant to Section 206.606(1)(d), F.S.
Section 328.72(15), F.S., requires $1 from each recreational vessel registration fee to be deposited into the
Marine Resources Conservation Trust Fund to fund a grant program for public launching facilities.
WHERE TO GET INFORMATION
Florida Fish and Wildlife Conservation
Commission
Boating and Waterways Section
Tel: (850) 488-5600
E-mail: FBIP@MyFWC.com
620 South Meridian Street
Tallahassee, FL 32399-6000
Website: http://myfwc.com
3
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
82
TENTATIVE TIMELINE AND PROCESS
January: Statewide technical assistance sessions to educate potential applicants.
February: Application submission period opens.
April: Applications due to the Commission. Commission reviews applications for
completeness and eligibility.
Mid-April: Letters to applicants to confirm receipt of application and to ask for additional
information if needed.
May: Staff perform safety checks on proposed construction application sites.
Mid-May: Additional or missing information due to the Commission. Applications sent to
evaluation committee for review.
June: FBIP evaluation committee meets and ranks applications.
July: Applicants are notified of selection; Agreement drafting process begins.
The Commission will announce the application submission period in the Florida Administrative Register
before February 1 of each year. Applications must be submitted within sixty (60) days after the
announcement date or by the deadline in the announcement, whichever is later. The application
submission period will also be announced on the Commission website. The Commission may announce
additional application submission periods if funds become available after the initial submission period.
The Commission will only accept applicant submissions on the Florida Boating Improvement Program
Application, Form FWC/FBIP, incorporated into Rule 68-1.003, Florida Administrative Code. This form
will also be made available on the Commission website each funding cycle, and the Commission will not
accept any other forms. The Commission will not accept late applications, nor will staff process any
applications received after the specified deadline. Applications received after the deadline will be returned
to the applicant. Applicants will be notified in writing of the status of their application.
Applications will be reviewed and scored by an evaluation committee chaired by the FBIP Program
Administrator and comprised of no less than four (4) evaluators, approved by the Commission’s Director
of the Division of Law Enforcement, at least one of which must be a member of the Florida Boating
Advisory Council. Each evaluator will review and assign a score to each application based on the
evaluation criteria found in these Guidelines. The final score for each application will be the average of
the individual evaluator’s scores, plus the technical score. Complete applications will then be ranked in
descending order. Grants will be awarded to the highest-ranking applications until all funds have been
awarded. Staff will send notification of award status to applicants following the evaluation committee
decision and Commission Division of Law Enforcement Budget Office authorization.
4
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
83
The Commission’s performance and obligation to award program grants is contingent upon an annual
appropriation by the Florida Legislature. Any remaining available funds will be offered to the next highest
ranked unfunded or partially funded eligible project based on evaluator scoring, or applied to the next grant
cycle subject to available budget authority.
SECTION II – ELIGIBILITY AND FUNDING
ELIGIBLE APPLICANTS
Eligible applicants shall include county governments, municipalities and other local governmental entities
of the State of Florida.
Eligible applicants may submit more than one project application for consideration. The project sites must
be in different locations and the applicant must rank the priority of projects in their cover letter.
INELIGIBLE APPLICANTS
Ineligible applicants shall include private or nonprofit entities.
Applicants shall be ineligible if they have adopted ordinances or rules that allow swimming at public boat
ramps or that in any way prohibit launching vessels at public boat ramps.
TYPES OF APPLICATIONS
New: Project applications that have never been reviewed by the FBIP evaluation committee.
Reconsideration: Project applications that have been previously reviewed and not selected for funding by
the FBIP evaluation committee.
Phased Continuation: Defined as project applications where earlier phases were funded in part or full by
FBIP. Applications for large projects or projects with initial planning/pre-construction costs may be
submitted in phases, over several years, to maximize funding; however, funding for an initial phase does
not guarantee funding for subsequent phases.
TYPES OF REQUESTS
FCO Design, Engineering, and Permitting Projects: Applicants who have not received all necessary
federal, state, and local permits at the time of application will be allowed to apply for planning/pre-
construction costs. Once all necessary permits are received, applicants who seek construction funds for
the proposed project site may submit a phased continuation application during the next grant cycle.
FCO Construction Projects: FCO construction project applications may be submitted prior to receipt of all
permits, however, projects must be fully permitted by all applicable agencies before the Commission will
enter into a grant funding agreement. Award may be rescinded if permits are not received within six (6)
calendar months from notification of award.
5
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
84
Non-FCO Projects: Applicants applying for boater education, derelict vessel removal or other non-
construction boating related activities shall select this type of request.
ELIGIBLE PROJECTS
Eligible projects include those submitted for the planning, design, engineering, permitting, development,
new construction, expansion or rehabilitation of projects on coastal and inland waters within the State of
Florida that enhance recreational boating for motorized vessels in the following categories:
Boating Access Facilities:
Costs associated with the design, engineering, permitting, construction, repair, or enhancement of
publicly-owned boat ramps, lifts, hoists, marine railways, other public launching facilities, and
associated amenities for recreational boaters.
Costs associated with the design, engineering, permitting, construction, repair, or enhancement of
publicly-owned piers and docks, mooring fields, and associated amenities for recreational boaters.
Costs associated with the design, engineering, permitting, construction, repair, or enhancement of
amenities associated with boating access facilities and designed for recreational boaters. Eligible
amenities include boarding docks, staging areas, restrooms, trailer parking, access roads, dry storage
facilities, utilities hook-ups, laundry facilities, fueling docks and educational kiosks.
Recreational Channel Markings and Other Uniform Waterway Markers:
Costs associated with the installation, repair, or replacement of signs or buoys marking a Commission-
permitted boating restricted zone.
Costs associated with the installation, repair, or replacement of permitted signs or buoys marking a
channel to/from a recreational boating access facility.
Costs associated with the installation, repair, or replacement of permitted signs or buoys which provide
information to recreational boaters (other than aids to navigation).
Boater Education:
Costs associated with projects that will increase public knowledge of boating issues through brochures,
pamphlets, boater guides, educational programs, posters, signs and kiosks.
Derelict Vessel Removal:
Costs for the removal and disposal of derelict vessels as defined in section 823.11, Florida Statutes. A
sworn law enforcement officer must determine a vessel meets the definition in statute and this
determination must be verified by the Commission in the Florida Fish and Wildlife Conservation
Commission’s Statewide At-Risk and Derelict Vessel Database to be eligible for removal.
Only derelict vessels that are located on the public waters of the state may be removed with grant
funds.
Other Local Boating-Related Activities:
Costs associated with non-construction projects that increase or enhance boating access for recreational
boaters including, but not limited to, research, studies, or planning to determine the need for additional
boating access or improvements.
6
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
85
Costs associated with projects that improve boater safety, boater education, or boater understanding of
waterway regulations.
Costs associated with construction projects (excluding boat ramps, lifts, hoists, marine railways, piers,
docks, or other public launching facilities) that increase boating access for recreational boaters.
Costs associated with projects that provide economic development and promote boating in the state.
INELIGIBLE PROJECTS
Program Funds will not be awarded for projects that do not directly relate to the enhancement of
motorized boating or motorized boating access within the state. Costs listed below are not eligible for
reimbursement under the FBIP:
Costs for the construction or repair of any facilities not directly related to boating access (such as park
benches, gazebos, trails, fishing piers, picnic areas, general parking for picnic areas, restrooms and
walkways for picnic areas, etc.)
Costs for the construction or repair of any boating access facilities not open to the general public on a
first come, first served basis with no qualifying requirements such as club membership, residency,
stock ownership or equity interest.
Costs associated with preparation of grant application(s). This includes overhead, payroll, salaries or
accounting costs.
Costs related to the acquisition of real property.
Costs for any legal fees.
Costs associated with ordinary operation, or routine maintenance of a proposed project. This includes
costs to provide power, water or sewer or any other utilities or services to the facility for the stipulated
length of the grant agreement.
Costs expended for any type or form of law enforcement or security activities, watchmen, fee
collection, maintenance or other personnel costs.
Costs associated with the acquisition or use of any type of equipment such as park equipment, vehicles,
lawn care, dredge, computers, projectors, or other capital equipment used for operation and
maintenance of the existing or completed project.
Costs associated or directly related to a component of a project that would create or increase a boating
safety hazard.
Costs and activities conducted for the primary purpose of producing income.
Costs for any type of general business, marketing or promotional plans.
HOW WE FUND
Funding Limits: There are no funding limits for total project costs. Due to limited allocable dollars,
applicants with lower total project costs will receive higher technical point values, as outlined in the
evaluation criteria described herein. For any project application, combined project management and
administration shall not exceed 5% of the total project cost.
Cost Reimbursement: This is a reimbursable grant program. Grant funds will be disbursed to the recipient
only after pre-approved deliverables have been met or completion of the project occurs, and work is
verified by Commission staff. Payment will only be made for documented and verified costs.
7
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
86
Funding Advance: The Commission will not approve a request for any advance in FBIP funds. The
recipient must have the financial capability to process invoices and make timely payments to contractors,
vendors, etc. pending receipt of FBIP funds for reimbursement of project expenses.
Financial Capacity: Applicants must have the financial capability to make timely payments to all
contractors or others working on the project (upon billing/invoice) pending requested receipt of
reimbursable grant funds.
Cost Overruns: Once awarded, the recipient shall make every effort to avoid cost overruns on a project.
If the total cost of the project exceeds the grant amount and match, the recipient shall assume liability for
any additional cost.
Records: Once awarded, the recipient must keep detailed records of all funded project costs including
audits and documents required for reimbursement. These records must be retained in keeping with
Florida’s Public Records Law.
SECTION III – COMPLIANCE AND REQUIREMENTS
Applicants must be willing and able to comply with the requirements below if applying for FBIP grant
funds. A grant agreement will be terminated and FBIP funds shall be returned to the Commission for non-
compliance with any of the terms of the agreement, applicable laws, or these guidelines, unless the non-
compliance is rectified by the recipient to the satisfaction of the Commission.
PERMITTING AND SAFETY
Regulations and Permits: The project must comply with all local, state, and federal regulations, including
the Manatee Protection Plan, if applicable. Photocopies of necessary permits will be required with the
application.
SOBA: The Commission recommends grant recipients comply with the States Organization for Boating
Access (SOBA) Design Handbook for Recreational Boating & Fishing Facilities when designing or
building boating access facilities. A copy of the Design Handbook may be ordered from the SOBA website
at http://sobaus.org.
Safety: Commission-approved uses for boat access sites include the safe launching, retrieving, mooring and
servicing of vessels. If the site is used or converted to use for non-boating purposes during the period
specified in the agreement, and not replaced with a like project acceptable to the Commission, the recipient
agrees to return to the Commission all funds tendered for the original project.
ACCESS REQUIREMENTS
Applicants must allow public access to all portions of a funded facility during the facility’s useful life. Sites
utilizing FBIP funds must be open to the public for reasonable periods. Also, the applicant must allow
reasonable public access to other parts of the facility that would normally be open to the public and must
not limit access in any way that discriminates against any member of the public.
8
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
87
Nondiscrimination: All Commission activities comply with federal and state nondiscrimination laws and
all applicants/grantees must also operate in a nondiscriminatory manner. The applicant shall ensure, to the
maximum extent possible, that facilities or programs funded, in whole or in part by FBIP funds, are made
available to the general public without regard to race, creed, color, national origin, age, sex, or disability.
Accessibility: The Grantee agrees to adhere to all federal, state, county and local requirements of the
Project.
Public Records: Commission records and files are public records that are subject to Florida’s public
records laws.
Maintenance: The applicant must agree to provide, during the period specified in the agreement, any and
all costs for ordinary and routine operations and maintenance of facilities funded in whole or in part
through the FBIP grant, including equipment or service, and supplies costs.
Fees: Once awarded, the Commission reserves the right to review and approve any and all fees proposed
for projects, funded in whole or in part by the FBIP, for the term of the agreement to ensure that excess
collection does not occur, and that funds collected are not reallocated or diverted to any non-boating related
purpose. Reasonable prevailing rates in the locality may be charged to boaters for use of facilities
constructed under FBIP.
Access: Recipients of FBIP funding must allow reasonable public access to any part of the FBIP-funded
facility that would normally be open to the public and must not limit access in any way that discriminates
against any member of the public. An FBIP funded facility must be open from a minimum of dawn to dusk
unless it is necessary to temporarily limit public access to all or part of the facility due to an emergency,
repairs, construction or as a safety precaution.
PROPERTY RECORDS
Applicants must agree to the requirements contained in this section as a condition of receiving grant
funding. Prospective applicants should carefully consider their ability and willingness to comply with these
provisions before applying for a grant.
Site Dedication: Land and facilities owned by the recipient that are developed with funds from FBIP shall
be dedicated for a minimum of twenty (20) years as a boating access site for the use and benefit of the
public.
Real Property: In accordance with s. 287.05805, F.S., any state funds provided for the purchase of or
improvements to real property are contingent upon the contractor or political subdivision granting to the
State a security interest in the property for a minimum of the amount of state funds provided for at least
five (5) years from the date of purchase or the completion of the improvements or as further required by
law.
Once awarded, the Commission requires that all recipients record the State interest in real property that
includes the FBIP-funded capital improvement with the local Clerk of the Court, which recorded interest
must remain throughout the duration of the project’s compliance period, twenty (20) years.
9
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
88
MONITORING AND AUDITS
Records Retention: Once awarded, the retention of all financial records, supporting documents, statistical
records or any other documents pertinent to the proposed project shall be maintained by the recipient
during the term of the agreement and shall be maintained for ten (10) years following the completion of a
construction project, or five (5) years following the completion of a non-construction project.
Audits: Once awarded, the recipient shall comply and cooperate immediately with any inspections,
reviews, investigations, or audits deemed necessary by the Office of the Inspector General (s. 20.055, F.S.)
Monitoring: Once awarded, the recipient agrees to provide the Commission all documentation necessary to
complete monitoring of the award and verify expenditures in accordance with s. 215.971, F.S.; and agrees
to cooperate with the Commission on all grant monitoring requests, site visits and/or Florida Department of
Financial Services contract reviews and Expanded Audits of Payment.
Property Management: Once awarded, the recipient shall establish and administer a system to protect,
preserve, use, maintain, and dispose of any property furnished to it by the Commission or purchased
pursuant to the award.
GRANT MANAGEMENT
Personnel Changes: If there is a change in Project Manager or the person assigned Signature Authority for
the recipient, or if any of the recipient’s information changes, including but not limited to mailing address,
phone number, email or title change, the recipient must promptly notify the FBIP Program Administrator.
Obligation of Grant Funds: Unless prior approval is received in writing from the Commission, grant funds
shall not under any circumstances be obligated prior to the effective date or subsequent to the termination
or end date of the agreement. Only project costs incurred on or after the effective date, and on or prior to
the termination or end date of the agreement are eligible for reimbursement unless pre-award costs were
approved. All payments must be requested from the Commission within thirty days of project completion.
Grant Start: After execution of an agreement with the Commission, if a project has not begun within thirty
(30) days, the recipient must report to the Commission the steps taken to initiate the project, the reasons for
the delay, and the expected start date.
If a project has not begun within sixty (60) days of execution of the agreement, the Commission shall
determine if the reason for delay is justified or may, at its discretion, require additional project
documentation and justifications throughout the term of the agreement. The Commission will also require
the recipient to provide a revised project timeline that includes all anticipated project activities, tasks and
estimated completion dates(s).
Financial Management: Once awarded, the recipient must have a financial management system in place
that is able to record and report on the receipt, obligation, and expenditure of grant funds. An adequate
accounting system must be able to separately track receipts, expenditures, assets, and liabilities for awards,
10
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
89
programs and subrecipients. The recipient shall maintain books, records, and documents in accordance
with generally accepted accounting procedures and practices.
Procurement: Once awarded, the recipient shall procure goods and services through a competitive
solicitation process in accordance with Chapter 287, Florida Statutes. The recipient must have written
procedures for procurement transactions and asset management. The recipient must agree to comply with
all local and state laws related to procurement for any labor, equipment, materials, facilities, construction
and other services related to the project funded.
Subcontracts: Once awarded, the recipient agrees that all employees, subcontractors, or agents performing
work under the agreement shall be properly trained individuals who meet or exceed any specified training
qualifications.
Project Reports: Once awarded, starting the first quarter after the date the agreement is executed, the
Grantee shall submit to the Commission, on a quarterly basis, Project Progress Reports outlining the
progress of the project and identifying any problems that may have arisen as well as actions taken to
correct such problems.
Grant Amendments: Once awarded, the recipient shall contact the FBIP Program Administrator if at any
time the need for major substantive changes to the agreement such as scope of work modifications, changes
to the project activities, implementation schedules or any budget changes that affect a cost category that
was not included in the applicant’s budget become foreseeable.
The recipient shall provide the FBIP Program Administrator at least sixty (60) days notice prior to the
agreement termination date if amendments to the agreement are necessary.
Publications: Public information produced with assistance from FBIP funds shall not be copyrighted and
shall be provided free of cost, except for the cost of reproduction, to the public.
Acknowledgement Signs: Upon completion of construction projects and prior to the reimbursement of
funds, the recipient, at its expense, shall purchase, erect and maintain a permanent sign, not less than three
feet by four feet in size, displaying the Commission’s logo and acknowledging the Commission and FBIP
as a funding source for the project in accordance with the Scope of Work of the grant funding agreement.
Directional Signs: Upon completion of construction projects and prior to the reimbursement of funds, the
recipient, at its expense, shall purchase, erect and maintain directional signs, approved by the Commission,
on main public highways to direct public users to each boating facility funded through FBIP regardless of
which phase(s) of a project were funded.
Project Completion: Failure to complete the project and make final payment request to the Commission
within the period provided in the agreement may result in project termination and possible loss of FBIP
funds.
11
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
90
IV – SUBMITTING AN APPLICATION
APPLICATION PROCESS
Applicants must submit their proposal for funding on the Florida Boating Improvement Program
Application, form FWC/FBIP. The Application and these Guidelines may be obtained from the
Commission’s website, https://myfwc.com/boating/grants-programs/fbip/. Applicants must deliver
applications on or before the last day of the announced submission period(s), no later than the close of
business to the following address:
Florida Fish and Wildlife Conservation Commission
Division of Law Enforcement
Boating and Waterways Section
620 South Meridian Street, Room 235
Tallahassee, Florida 32399-1600.
In order to be complete, applications must be submitted according to the following directions and with all
of the following supporting documentation:
One (1) cover letter summarizing the project request, ranking the priority of multiple projects if
applicable, and signed by the individual with authority to submit the application;
One (1) original signed physical application form;
One (1) copy of required attachments on paper no larger than 11” x 17”;
One (1) digital copy of the application and attachments; and
Place a tabbed divider or identifier between each application attachment.
KEYS TO APPLICATION FORM
Detailed Cost Estimate: All applicants are required to provide a detailed cost estimate or schedule of
values in the form of a formal bid, written quote from proposed vendor, an engineer’s cost estimate, or
must provide a detailed explanation of how the budget was developed.
Budget Narrative: All applicants must provide a brief description of services or activities to be provided
including the number of units and rates for each budget category.
Contingency Costs: A construction contingency is an amount of money set aside to cover any unexpected
costs that can arise throughout a construction project, to cover items for which the cost is not known
exactly at the time of the estimate, but which will occur on a statistical basis. Contingency costs shall not
exceed 10% of the proposed project.
Pre-Award Costs: For construction projects, costs for surveys, environmental reviews, working drawings,
construction plans and specifications, engineering, design, or permitting required to begin a project are
allowable as pre-award costs or pre-award cost share, only if the application clearly identifies the costs as
occurring prior to the application being submitted. A detailed explanation must be provided as to why the
costs were necessary prior to the application being submitted. Costs associated with preparation of grant
application(s) are not allowable.
12
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
91
Cost Share: Cost share is not required. However, applicants who provide some share of the total cost will
receive additional points in the technical evaluation. The applicant’s cost share may be in the form of in-
kind services, cash expenditures or partner contributions.
In-kind services include:
The cost of administration/contract management, project management, labor, materials, and equipment
provided through in-house resources of the applicant.
Cash expenditures may be in the form of the following:
Master plans or other engineering and/or consultant services paid for by the applicant.
Construction expenditures paid for by the applicant; and
Other expenditures paid by the applicant directly related to the grant-funded project and not listed as
ineligible costs. Cash expenditures for items listed as ineligible uses of program funds shall not be used
as the applicant’s cost share.
Applicants are encouraged to seek cash funds from other sources including state or local grants to help
leverage the maximum amount of grant funds available.
Applicants can use the county-retained portion of vessel registration fees for recreational channel markers,
derelict vessel removal, and public launching facility projects only per Section 328.72, F.S.
Proration (If Applicable): Applicants must prorate costs for facilities that will benefit non-boating users
sharing landside facilities such as restrooms, etc.
After Project Completion User Fees (If Applicable): Applicants must describe the amount and frequency of
proposed fees that will be charged to boaters for the use of the funded infrastructure after construction is
complete and the agreement ends or has been terminated. Fees charged must be comparable to those
charged regionally. All collected fees shall be used for operation and maintenance of the funded
infrastructure for its useable life.
KEYS TO APPLICATION ATTACHMENTS
Resolution or Legal Authorization: The applicant must submit documentation that certifies it possesses the
legal authority to receive the funds to be provided under the FBIP program, and that, its governing body
has authorized, by resolution or otherwise, the authorized signature authority to apply for and administer
the grant on behalf of the applicant. Acceptable documentation includes, but is not limited to, adopted
resolutions by the governing body, ordinances, charters, by-laws, and adopted rules or policies.
Site Control: The applicant must have control of upland project sites sufficient and adequate to construct,
operate, and maintain the areas for the term required in the agreement. This requirement is necessary to
protect investments made with FBIP grant funding and to ensure public access to those investments. This
“control and tenure” may be through land ownership, a lease, a use agreement, or an easement.
If a project will occur over or in a navigable body of water, an authorization to use sovereign submerged
lands may be needed.
13
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
92
If the project is on sovereign submerged lands, the applicant will need to secure a lease or easement (use
authorization) to use those lands. The Commission requires the executed lease or easement within six (6)
calendar months after the Commission’s award selection to show control and tenure for the site. The lease
or easement is required before the project will be placed under agreement.
Boundary Map: The applicant must provide a boundary map to define and indicate the boundary of the
project area to be dedicated for public use.
Detailed Cost Estimate: All applicants are required to provide a detailed cost estimate or schedule of
values in the form of a formal bid, written quote from proposed vendor, an engineer’s cost estimate, or
must provide a detailed explanation of how the budget was developed.
Navigational Chart: If available, applicants must submit an 8.5” x 11” copy of a current North American
Datum 83 nautical chart with NOAA chart name and number, indicating the precise location of the project
site using latitude and longitude in decimal degrees.
Photographs: The applicant shall submit photos to depict the physical characteristics of the project area.
V – PROJECT EVALUATION
HOW PROJECT EVALUATION WORKS
Upon receipt and review of the application for completeness, Commission staff will assign a grant
application number and outline the review process in an acceptance letter back to the applicant. The
applicant will use this grant application number for all future correspondence regarding the application.
Applications will be reviewed by Commission staff for assignment of a technical score based on the criteria
contained herein and shall then be scored by an evaluation committee chaired by the FBIP Program
Administrator and comprised of no less than four (4) evaluators, approved by the Commission’s Director of
the Division of Law Enforcement, at least one of which must be a member of the Florida Boating Advisory
Council.
The meeting of the Evaluation Committee will be noticed in the Florida Administrative Register and
advertised on the Commission website. Scoring for each application will be the total of the technical score
added to the average of the individual evaluator’s qualitative scores. Applicable bonus points will then be
added to generate the final score. Complete applications will be ranked in descending order according to
total assigned points.
To be eligible for funding, an application must receive a minimum of 50 percent of the points available
from the qualitative evaluation and a minimum of 65 percent of the total combined (technical, qualitative,
and bonus) points available. Grants will be awarded to the highest-ranking applications until all funds have
been awarded.
14
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
93
TECHNICAL EVALUATION
Commission staff will assign up to thirty (30) points in a technical evaluation of the application’s
completeness based on the criteria listed below at the time the application period closes.
Technical Evaluation Criteria Technical
Points
1. Does the applicant have the correct number of applications (one physical and one
electronic) submitted?
Yes = 5 points
No = 0 points
2. Has the application been signed by a person with signature authority? Yes = 5 points
No = 0 points
3. Has the applicant completed all required sections of the application? Yes = 5 points
No = 0 points
4. Has the applicant included all required attachments? Yes = 5 points
No = 0 points
5. Amount requested is less than or equal to:
DerelictBoat Access Channel Boater Other Boating Vessel POINTS Facilities Markings Education Activities Removal
>$500,000 >$100,000 >$100,000 >$200,000 >$200,000 1
$499,999 $99,999 $99,999 $199,999 $199,999 2
$399,999 $79,999 $79,999 $149,999 $149,999 3
$299,999 $49,999 $49,999 $99,999 $99,999 4
$199,999 $29,999 $29,999 $49,999 $49,999 5
Possible Points =
5
6. Cost Share: Applicant is providing some share of the total cost through in-kind
services, cash expenditures or partner contributions; or, applicant is located in a Rural
Area of Opportunity.
Yes = 5 points
No = 0 points
30 Points Available
QUALITATIVE EVALUATION
Each evaluator will review and assign a score of up to seventy (70) points in a qualitative evaluation of the
applicant’s responses based on the criteria listed below.
Qualitative Evaluation Criteria Qualitative
Points
1. Need Statement: Does the applicant explain why the project is necessary? Does the
applicant describe why the existing facilities or activities are insufficient? Does the
project address a documented need? Is the need documented with photos and statistics?
0 – 10 points
2. Project Purpose: Does the applicant summarize the ultimate purpose of the proposed
project and describe how the proposed project will address the need(s) and benefit(s) to
boating access? Does the project improve or enhance boating?
0 – 10 points
15
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
94
3. Expected Results and Benefits: Does the applicant describe how the proposed
structures, services, products or activities will accomplish the desired project purpose
and outcome? Will the proposed project increase boating access, safety or education?
0 – 10 points
4. Project Goal(s) and Timeline: Does the applicant describe the project goal(s)? Does the
applicant provide a proposed timeline to achieve the project purpose, desired goal(s) and
expected benefits?
0 – 10 points
5. Approach and Tasks: Does the applicant describe what tasks must be performed or
services provided to reach the project goal? Are the tasks and goals specific, measurable
and those that can achieve the desired outcome(s)?
0 – 10 points
6. Budget Narrative: Does the applicant provide a brief description of services or
activities, including the number of units and rate(s), for each budget category? Do the
associated budget items demonstrate cost effectiveness in meeting project objectives?
0 – 10 points
7. Cost Estimate: Is the proposed cost estimate reasonable based on the provided detailed
cost estimate or schedule of values? 0 – 10 points
70 Points Available
BONUS POINTS
Five (5) bonus points will be awarded based on priority consideration established in s. 206.606 and 328.72,
Florida Statutes, to applicants meeting at least one of the criteria listed below. If a municipality is located
within a county that meets the criteria for these bonus points, that municipality shall also be given the
bonus points. Counties who have not submitted an annual detailed accounting report of vessel registration
revenues to the Commission as required in section 328.72(15), Florida Statues, are not eligible for bonus
points. Bonus points will be added to the score created by adding the average of all the qualitative
evaluations and the technical evaluation score to determine an applicant’s final score.
Projects located in a county with a population of 100,000 or less.
Projects located in a coastal county with a high level of boating-related activities from individuals
residing in other counties.
Projects located in a county with more than 35,000 registered vessels.
TIE BREAKER SYSTEM
If two or more applications receive the same score as a result of the scoring process, the following tie-
breaker system will be used in the order listed to decide the priority ranking:
The application submitted for a project located in a county having a population of 100,000 or less, or a
coastal county with a high level of boating related activities from individuals residing in other counties
will be ranked higher.
The applicant having received the lowest amount of program funds during the previous three fiscal years
receives the higher priority.
Applications submitted by counties, or municipalities within counties, with the lesser amount of revenue
from vessel registration fees will be ranked higher.
16
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
95
SECTION VI – ACRYNOMS AND DEFINITIONS
ACRONYMS
FBIP: Florida Boating Improvement Program, created by Rule 68-1.003, Florida Administrative Code
FAR: Florida Administrative Register
FCO: Fixed Capital Outlay
NOAA: National Oceanic and Atmospheric Administration
DEFINITIONS
ACCESS ROAD: Roadway to provide motor vehicle access to a boat ramp or other public launching
facility. Does not include a public thoroughfare or through street.
AGREEMENT: Written document under which the recipient and Commission mutually agree to carry out
respective responsibilities for a fixed period, unless amended by mutual consent.
APPLICANT: Eligible participant that applies for Program funds to the Commission during an
announced application submission period.
APPLICATION: A formal request for Program funds by an applicant on the form approved by the
Commission and with required documentation.
APPLICATION SUBMISSION PERIOD: The formally announced period of time provided by the
Commission for the submission of applications by eligible participants for Program funds.
AUDIT: An audit of the recipient project records conducted by the Commission.
AWARD: A grant is awarded when it is chosen for funding by the Commission. The date of award,
where applicable, is the date on the letter provided to the applicant indicating that the project will be
awarded grant funding.
BOARDING DOCKS: A fixed, floating, or adjustable structure extending parallel to a launch ramp and
designed to permit mooring of a watercraft in such a way as to facilitate boarding or exiting the craft.
BOAT RAMP: A graded and surfaced slope consisting of one or more launching lanes constructed of
concrete, timber, or asphalt, which extends from the shoreline into the body of water and partially above
and below the water surface. It is designed to accommodate launching or retrieving a boat from or to a
trailer.
CAPITAL IMPROVEMENT: Is defined as (1) a new structure that costs at least $25,000 to build; or (2)
altering, renovating, or repairing an existing structure if it increases the structure’s useful life by at least ten
(10) years or if it costs at least $25,000.
17
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
96
CHANNEL MARKING: Labor and materials to provide and install any Florida Uniform Waterway
Marker intended to assist a mariner to determine position or safe course, warn of dangers or obstructions to
navigation, or to alert the mariner of various regulatory matters.
COMMISSION: Florida Fish and Wildlife Conservation Commission.
DOCK (PIER): A fixed or floating structure, including access walkways, terminal platforms, catwalks,
mooring pilings, lifts, davits, and other associated water-dependent structures used for mooring and
accessing vessels.
EVALUATION COMMITTEE: A committee formed by the Commission to evaluate each application.
FACILITY: The structures, equipment, and operations that (1) provide services to boaters at one location
and; (2) are under the control of a single operator or business identified in the grant application.
FIXED CAPITAL OUTLAY: The appropriation category used to fund real property (building including
appurtenances, fixtures and equipment, structures, etc.) including additions, replacements, major repairs,
and renovations to real property which materially extend its useful life or materially improve or change its
functional use.
MAINTAIN: Keeping structures or equipment in a condition to serve the intended purpose. It includes
cyclical or planned actions to keep facilities fully functional.
MAINTENANCE: Activities that allow a facility to function, such as repairing docks, excluding routine
janitorial duties. Examples of maintenance actions are: (1) lubrication of mechanical components of FBIP-
funded equipment; (2) replacing minor components of an FBIP-funded improvement such as bolts, boards,
and individual structural components and; (3) painting, pressure washing, and repointing masonry.
MARINA: Licensed commercial facility which provides secured public moorings or dry storage for
vessels on a leased basis.
PROGRAM ADMINISTRATOR: The Commission’s staff member designated by the Commission’s
Director, Division of Law Enforcement, to manage the Florida Boating Improvement Program.
PROGRAM FUNDS: Funds appropriated by the Legislature to the Florida Boating Improvement
Program as specified in Sections 206.606, 328.72, and 379.208 Florida Statutes.
PROJECT: Component(s) designed to provide additional or enhanced boating access that meet criteria.
PROPOSAL: A description of one or more projects for which an applicant requests grant funds.
PUBLIC LAUNCHING FACILITY: A boat ramp, lift, hoist, marine railway or similar facility for
launching and retrieving vessels from the water; includes associated amenities like boarding docks and boat
trailer parking.
18
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
97
REAL PROPERTY: One, several, or all interests, benefits, and rights inherent in owing a parcel of land.
A parcel includes anything physically and firmly attached to it by a natural or human action. Examples of
real property include fee and leasehold interests, easements, fixed docks, piers, permanent breakwaters,
buildings, utilities and fences.
RECIPIENT: The applicant that has been awarded Program funds and the party responsible for
completing the project and the operation and maintenance of the site.
RURAL AREA OF OPPORTUNITY: A region composed of rural communities adversely affected by
extraordinary economic events which meet the criteria stipulated in Section 288.0656, Florida Statutes, and
which are designated by the Governor in an Executive Order.
USEFUL LIFE: The period during which an FBIP funded capital improvement can fulfill its intended
purpose with adequate routine care and maintenance.
19
Florida Boating Improvement Program
Guidelines (Rev. 11/2022)
Rule 68-1.003
98
Florida Boating Improvement Program
Grant Application
FOR OFFICE USE ONLY
Grant Application Number : Date Received:
Fill in all sections that apply – Put N/A for all sections that do not apply
I – APPLICANT INFORMATION
Applicant Organization Name: DUNS #:
Federal Employer Id. No.: State Senate
District:
State House
District:
U.S. Congressional
District
Signature Authority Name: Signature Authority Title:
Project Manager Name: Project Manager Title:
Mailing Address: City: Zip Code:
Shipping Address: City: Zip Code:
Telephone: Fax: Email:
II – PROJECT SUMMARY
Project Title:
Type of Application: New (never considered before) Reconsideration Phased Continuation–Phase No.:
Type of Request: FCO Design/Engineering/Permitting FCO Construction Non-FCO Project
Project Category: Boat Access Facilities Recreational Channel Markings/Uniform Waterway Markers
(Select only one)
Boater Education Other Boating Related Activities Derelict Vessels
Project Cost: Total Project Cost: $ FBIP Amount Requested: $
Project Summary:
FWC/FBIP (07/19) Page 1 of 9 68-1.003, F.A.C. 99
III – PROJECT INFORMATION
Project Type: Boa t Access New Construction (New Facility) Boat Access New Construction (Existing Facility)
Boat Access Engineering/Permitting (no construction) Boat Access Renovation/Replacement
New Channel Markers New Regulatory Markers
New Information Markers Replace/Repair Channel Markers
Replace/Repair Regulatory Markers Replace/Repair Information Markers
Derelict Vessel Kiosks /Signs
Educational Program Portable Exhibits (trade show exhibit)
Printed Materials (boater guides, brochures)
Current Facility Description: Boat Ramp/Public Launching Facility Marina/Tie-up/Overnight Moorage Facility
Primitive Other:
Facility Location: County: Water body:
Latitude: N deg. min. sec. Longitude: W deg. min. sec.
Facility Street Address or Location:
Upland Ownership: Public -Fee Simple Public – Lease
Number of Years Remaining in Lease: Name of Owner:
Is this facility open to the general public? Yes No
Estimate percent (%) use of launching facility: % Motorboats/Sailboats % Non-Motorboats
Current day use, parking or launch fee amount: $ Tie-up/Overnight Moorage fee: $
How frequently are facilities inspected or maintained?
Who does the inspections and maintenance?
To capture boating access opportunities in the area, please provide names of comparable boating facilities (ramps, tie-up
facilities/marinas) within a 10-mile radius of the proposed facility.
Name Distance Name Distance
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
FWC/FBIP (07/19) Page 2 of 9 68-1.003, F.A.C. 100
IV -FACILITY COMPONENTS AND USE – EXISTING CONDITIONS
Number of Launch Lanes:
Type of Ramp: Asphalt Concrete Other
Condition: Poor Average Good
Number of Boarding Docks: Length: Ft.
Type of Dock: Fixed Wood Fixed Concrete Aluminum Floating
Condition: Good Average Poor
Other
Moorage or Tie-up Dock: Ft or Slip
Type of Dock: Fixed Wood Fixed Concrete Aluminum Floating
Condition: Good Average Poor
Other
Number of Boat Trailer Parking Spaces:
Number of ADA Boat Trailer Parking Spaces:
Type of Parking: Asphalt Concrete Grass Other
Condition: Good Average Poor
Other Facility Attributes:
Restroom: Yes No Pump-out Station: Yes
Showers: Yes No Garbage Cans/Dumpster: Yes
Laundry Facilities: Yes No Hoist Launching System: Yes
Shelters at Launch Sites: Yes No Wave attenuation /Breakwater: Yes
Other:
No
No
No
No
V -PROJECT ENGINEERING AND CONSTRUCTION
Who is or will be completing project design/engineering?
Applicant’s Own Staff
Consulting Engineers
N/A (Materials or Equipment Purchase)
Other:
Level of engineering completed at time of application:
None
Conceptual (Master Plan Phase)
Preliminary
Final (Ready to Bid)
VI -PERMITS Submitted Approved N/A
U.S. Army Corps of Engineers
Florida Department of Environmental Protection
FWC (Projects involving mooring buoys must be permitted pursuant to Chapter 68D-23, F.A.C.)
Local and Others (If needed)
FWC/FBIP (07/19) Page 3 of 9 68-1.003, F.A.C. 101
VII – PROJECT SCOPE
Need Statement: The Applicant must explain why the project is necessary, timely, and how it fulfills a need. Describe why
existing facilities are insufficient to meet demand.
Project Purpose: The Applicant must succinctly summarize the ultimate purpose for the proposed project and link the purpose to
the demonstrated need. Be specific and focus on the benefits to the boater and boating access.
FWC/FBIP (07/19) Page 4 of 9 68-1.003, F.A.C. 102
VII – PROJECT SCOPE
Expected Results or Benefits: The Applicant must describe how the structures, service, or other activities will address the need(s)
and benefits for boating access. Describe how the project increases boating access, safety or education.
Project Goals & Timeline: The Applicant must clearly describe the project goal(s) and proposed timeline to reach the desired
outcome of the project.
FWC/FBIP (07/19) Page 5 of 10 68-1.003, F.A.C. 103
VII – PROJECT SCOPE
Approach and Tasks: Using the preferred format outlined in the example below, the Applicant should describe the approach,
tasks and activities used to meet the project goal(s). Applicant should describe how each task will be completed, by whom and the
anticipated completion date. The goal(s) should be specific, measurable, and those which can be accomplished within the project
time frame.
EXAMPLE:
GOAL: Anywhere County will utilize the approved design, engineering plans and permits to procure contracted services to
construct and install a new one‐lane boat ramp with a concrete approach.
Tasks:
Prepare construction plans, details, sections, and specifications necessary for bidding: Complete by 01/2020
Advertise the construction project documents to interested bidders: Complete by 02/2020
Review bids and make recommendation of award to the County: Complete by 04/2020
Dredge 400 cubic yards from the end of the boat ramp to the creek: Complete by 05/2020
Demolish the existing boat ramp: Complete by 07/2020
Install a 15‐feet by 40‐feet concrete boat ramp: Complete by 08/2020
Install a 70 square foot concrete approach slab at the head of the boat ramp: Complete by 08/2020
Install 5‐feet by 11‐feet aluminum compliant ramp connected to the existing floating dock that is adjacent to the
boat ramp: Complete by 09/2020
FWC/FBIP (07/19) Page 6 of 10 68-1.003, F.A.C. 104
VIII – BUDGET
Budget Category FBIP Request Cost Share Total
(FBIP + Cost Share)
Administration (Project Management) $ $ $
Contracted Services $ $ $
Permitting & Project Inspection Fees $ $ $
Site Preparation $ $ $
Demolition and Removal $ $ $
Construction $ $ $
Equipment (Rental or In-Kind Use) $ $ $
Contingency Costs $ $ $
Other Costs $ $ $
Pre-Award Costs $ $ $
TOTAL BUDGET: $ $ $
Cost Share Breakout
Grantee/Applicant Share: Non-cash/in-kind and cash funds $
Partnerships (Other sources of funds): Public and private partners $
FBIP Grant Request: $
Partnership Details
Funding Source/Agency:
Type of Funding (Federal grant; State grant; Federal loan; State loan):
Grant Name:
Amount Awarded/Applied: $
Approval Status (Approved, Pending, Date Intend to Apply):
Funding Source/Agency:
Type of Funding (Federal grant; State grant; Federal loan; State loan):
Grant Name:
Amount Awarded/Applied: $
Approval Status (Approved, Pending, Date Intend to Apply):
FWC/FBIP (07/19) Page 7 of 9 68-1.003, F.A.C. 105
IX – BUDGET NARRATIVE
Cost Estimate: The Applicant is required to provide a schedule of values in the form of a formal bid, written quote
from proposed vendor, or an engineer’s cost estimate, or in the alternative, may provide a detailed explanation of how
the budget was developed. Please attach to this application.
Budget Narrative: Responding to the budget narrative questions below, the Applicant is required to provide more
budget detail on how they estimated the budget in narrative form. If any of the questions are not applicable, put N/A.
Budget Category Cost Justification: The Applicant must explain all requested budget items/costs listed in the proposed
project budget completed in this application. Demonstrate a clear connection between costs and the proposed project
activities by providing a brief description of activities, including the estimated number of billable units and rate(s), for
each budget category.
Administration:
Contracted Services:
Permitting & Project Inspection Fees:
Site Work:
Demolition & Removal:
Construction:
Equipment:
Contingency Costs:
Other Costs:
Pre-Award Costs: Pre-award costs occur prior to the Application being submitted. The Applicant may submit for
reimbursement of the costs of design and engineering costs (site surveys, working drawings, construction plans, cost
estimates, technical feasibility studies, etc.) and costs for tests, surveys, and application preparation required for
permitting as part of the grant Application. In order to be granted pre-award costs, the Applicant must provide an
explanation as to why it was necessary to incur these costs prior to the grant Application submission.
Proration (if applicable): The Applicant must prorate costs for facilities that will benefit non-boating users sharing
landside facilities such as restrooms, etc.
After Project Completion User Fees (if applicable): Describe the amount and frequency of proposed fees that will be
charged to boaters for the use of the funded infrastructure after construction is complete and the Agreement ends or has
been terminated. Fees charged must be comparable to those charged regionally. The collected fees must be used for
operation and maintenance of the funded infrastructure for its useable life.
FWC/FBIP (07/19) Page 8 of 9 68-1.003, F.A.C. 106
X – APPLICATION COMPLETION CHECKLIST
Cover Letter: One (1) application transmittal cover letter (identify priority rank with multiple applications).
Application: Three (3) applications. One MUST have original signature from authorized individual.
Electronic Copy on CD: One (1) application with attachments on a CD.
--Required Attachments --
Authorization: An adopted resolution or other authorization, by the Governing Body, authorizing the individual signing
the Application the authority to apply for the grant and authorizing the project manager to administer the grant on behalf
of the Applicant. If the Applicant is applying on behalf of another public entity, then a n MOU between the Applicant and
the public entity must also be submitted.
Site Control Documentation: Site control documentation for the upland portion of project site (e.g. deed, lease, results of
title search, etc.)
Boundary Map: Map indicating boundary of the project area being dedicated for public use.
Existing Condition Photographs: Sufficient photos to depict the physical characteristics of the project area.
Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor or an engineer’s
cost estimate, or in the alternative, a detailed explanation of how the bud get was developed.
Navigational Chart: If available, submit an 8.5” x 11” photocopy of a current NOAA North American Datum 83 nautical
chart (provide the NOAA chart name and number) indicating the precise location of the project site.
Permits: Photocopies of all necessary project permit(s). If exempt, provide notification of exemption from permitting
agency.
---Optional Attachments ---
Site Plan: Attach preliminary site plan or conceptual plan (if completed).
Support Letters: Attach letters of known public support.
APPLICANT SIGNATURE
Application is hereby made for the activities described herein. I certify that I am familiar with the information contained
in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further
certify that the Applicant possesses the authority, including the necessary requisite property interests, to undertake the
proposed activities.
I also certify that the Applicant’s governing body has authorized the Project Manager as the official representative of the
Applicant to act in connection with this Application and subsequent project as well as to provide additional information as
may be required. By signature below, I represent that the Applicant agrees to comply with all applicable federal, state,
and local laws in conjunction with this proposal and resulting project, if approved.
Print/Type Name Individual Signing Application Title
Signature Date
WARNING: “Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.” § 837.06, Florida Statutes.
NOTE: Instruction and further information regarding this application and the Florida Boating Impr ovement Program can be found in the Florida
Boating Improvement Program Guidelines or by contacting the Program Administrator at: Florida Fish and Wildlife Conservation Commission,
Florida Boating Improvement Program, 620 South Meridian Street, Tallahassee, FL 32399-1600; or call (850) 488-5600; or email
fbip@MyFWC.com.
FWC/FBIP (07/19) Page 9 of 9 68-1.003, F.A.C. 107
City of Boynton Beach
Agenda Item Request Form
6.C
Consent Agenda
02/20/2024
Meeting Date: 02/20/2024
Proposed Resolution No. R24-034- Approve and authorize the City Manager to sign the
Landscape "Maintenance of Memorandum of Agreement" (MMOA) between the City of
Boynton Beach and the State of Florida Department of Transportation for Broadstone
project's irrigation, landscape, and hardscape items located within the FDOT right-of-
way along South Federal Hwy.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-034.
Explanation of Request: The Broadstone project, located at 150 South Federal Highway,
proposes to install irrigation, landscape, and hardscape within the Florida Department of
Transportation (FDOT) right-of-way along South Federal Highway. Since FDOT does not enter
into agreements with private property owners, the City agrees to sign that "Maintenance of
Memorandum of Agreement" (MMOA). The City intends to subsequently process its own
maintenance agreement with Broadstone’s owner/developer, who will ultimately become
responsible for the maintenance obligations outlined in the MMOA.
How will this affect city programs or services? There is no impact to City programs or
services.
Fiscal Impact: There is no fiscal impact to the City.
Attachments:
Resolution No. R24-034- Approve Landscape MMOA with FDOT Broadstone.docx
Disclosures_for_FDOT_MMOA_SR5.docx
Boynton_SR5_2023-L-496-00003_Broadstone MMOA.pdf
108
C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@DC0A7D3E\@BCL@DC0A7D3E.Docx
RESOLUTION NO. R24-0351
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 2
AND AUTHORIZING THE CITY MANAGER TO SIGN THE LANDSCAPE 3
"MAINTENANCE OF MEMORANDUM OF AGREEMENT" (MMOA) 4
BETWEEN THE CITY OF BOYNTON BEACH AND THE STATE OF FLORIDA 5
DEPARTMENT OF TRANSPORTATION FOR BROADSTONE PROJECT'S 6
IRRIGATION, LANDSCAPE, AND HARDSCAPE ITEMS LOCATED WITHIN 7
THE FDOT RIGHT-OF-WAY ALONG SOUTH FEDERAL HIGHWAY; AND 8
PROVIDING AN EFFECTIVE DATE.9
WHEREAS,the Broadstone project, located at 150 South Federal Hwy. is proposing to 10
install irrigation, landscape, and hardscape within the Florida Department of Transportation 11
(FDOT) right-of-way along South Federal Highway; and12
WHEREAS, FDOT does not enter into agreements with private property owners, and13
therefore, the City agrees to sign the "Maintenance of Memorandum of Agreement" (MMOA) 14
and will subsequently process its own maintenance agreement with Broadstone’s 15
owner/developer; and16
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 17
recommendation of staff, deems it to be in the best interests of the City residents to approve 18
and authorize the City Manager to sign the MMOA between the City of Boynton Beach and the 19
State of Florida Department of Transportation for the Broadstone project's irrigation, 20
landscape, and hardscape items located within the FDOT right-of-way along South Federal 21
Highway.22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23
BOYNTON BEACH, FLORIDA, THAT: 24
Section 1.Each Whereas clause set forth above is true and correct and 25
incorporated herein by this reference.26
Section 2.The City Commission of the City of Boynton Beach, Florida, does hereby 27
approve and authorize the City Manager to sign the MMOA between the City of Boynton Beach 28
and the State of Florida Department of Transportation for the Broadstone project's irrigation, 29
109
C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@DC0A7D3E\@BCL@DC0A7D3E.Docx
landscape, and hardscape items located within the FDOT right-of-way along South Federal 30
Highway. A copy of the MMOA is attached hereto and incorporated herein as Exhibit “A.”31
Section 3.That this Resolution shall become effective immediately upon passage. 32
PASSED AND ADOPTED this 20th day of February, 2024.33
CITY OF BOYNTON BEACH, FLORIDA34
35
YES NO36
37
Mayor – Ty Penserga __________38
39
Vice Mayor – Thomas Turkin __________40
41
Commissioner – Angela Cruz __________42
43
Commissioner – Woodrow L. Hay __________44
45
Commissioner – Aimee Kelley __________46
47
VOTE ______48
49
50
ATTEST:51
52
___________________________________________________________53
Maylee De Jesús, MPA, MMC Ty Penserga54
City Clerk Mayor55
56
APPROVED AS TO FORM:57
(Corporate Seal)58
_______________________________59
Shawna G. Lamb60
City Attorney61
62
110
Disclosures for Landscape Maintenance Memorandum of Agreement between FDOT and the City
(SR-5/US1/Federal Highway)
The City desires to install and maintain certain landscape improvements within the right of way of SR-
5(US/Federal Highway). This agreement establishes the installation and maintenance obligations of the
City. The agreement is on an FDOT form. Essential business and legal terms are disclosed below. By
executing this agreement, the City is accepting these terms.
Term Requirement
Standards The City must comply with all third-party standards identified in the agreement; which
apply to plant material installation, maintenance, including pruning, and irrigation.
Maintenance
of Facilities
The City is required maintain all non-standard improvements within the areas defined
in the agreement, regardless of whether the improvements were made by FDOT, the
City, or others.
Utility Costs If it becomes necessary to provide utilities (water/electricity) to the medians or areas
outside the traveled way to maintain these improvements, all costs associated with
the utilities associated for the landscape improvements including any impact and/or
connection fees, and the on-going cost of utility usage for water and electrical, are the
City’s responsibility.
Maintenance
Deficiencies
If the City fails to timely correct maintenance deficiencies identified by FDOT, FDOT
can: (i) perform the maintenance and invoice the City; or (ii) terminate the agreement
and remove all landscape improvements installed by the City and charge the City the
cost of removal.
Future
Improvements
FDOT can require the City to remove, relocate, or adjust landscape improvements,
upon 60 days’ notice, if FDOT modifies the adjacent state road in the future.
Adjacent
Property
Owner
Improvements
FDOT may allow an adjacent property owner to construct additional landscape
improvements within the limits of the right of way identified in this Agreement, and
the City will be responsible for maintaining such improvements.
Indemnification In all contracts the City enters into for the landscape improvements described in this
Agreement, the City is required to include indemnification of FDOT in the contract
with those vendors.
Insurance The City must require all contractors performing the services described in the
agreement to carry the insurance described in Article 11, and to name the City and
FDOT as additional insured on all such policies.
Venue In the event of a conflict between the City and FDOT, the agreement gives FDOT the
sole right to determine jurisdictional venue.
111
SECTION: 93010000
PERMIT: 2023-L-496-00003
COUNTY: Palm Beach
STATE RD: 5
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DISTRICT FOUR
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of ____________20__,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY
OF BOYNTON BEACH, a municipal corporation, existing under the Laws of Florida, hereinafter
called the AGENCY.
W I T N E S S E T H:
WHEREAS, the DEPARTMENT has jurisdiction over SR5 (US1/Federal Hwy) as part of the
State Highway System as described in Exhibit "A"; and
WHEREAS, the AGENCY seeks to install by permit and maintain certain landscape
improvements within the right of way of SR5 (US1/Federal Hwy) as described within Exhibit
"B"; and
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain the highway facility as described in Exhibit "A" attached hereto
and incorporated by reference herein, within the corporate limits of the AGENCY; and
WHEREAS, the AGENCY is agreeable to maintaining those landscape improvements within
the AGENCY'S limits including plant materials, irrigation system and/or hardscape which may
contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt
[also known as patterned pavement]) including any other nonstandard hardscape (if applicable),
but excluding standard concrete sidewalk, and agree such improvements shall be maintained by
periodic mowing, fertilizing, weeding, litter pick-up, pruning, necessary replanting, irrigation
repair and/or repair of the median concrete replacements associated with the specialty surfacing
(if applicable) as needed; and
WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall
maintain all right of way within the medians, outside the traveled way and improvements made
to the traveled way that was made at the request of the AGENCY; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY, by Resolution No._____________, dated _______, 20_____,
attached hereto as Exhibit “D” and by this reference made a part hereof, desires to enter into
this Agreement and authorizes its officers to do so.
112
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other,
the parties covenant and agree as follows:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. INSTALLATION OF FACILITIES
The AGENCY shall install and agrees to maintain the landscape improvements described
herein as: plant materials, irrigation and/or hardscape on the highway facilities substantially
as specified in plans and specifications hereinafter referred to as the Project(s) and
incorporated herein as Exhibit "B". Hardscape shall mean, but not be limited to, any site
amenities such as landscape accent lighting, bike racks, fountains, tree grates, decorative
free-standing walls, and/or sidewalk, median and/or roadway specialty surfacing such as
concrete pavers, stamped colored concrete and/or stamped colored asphalt (also known as
patterned pavement).
(a) All plant materials shall be installed and maintained in strict accordance with sound
nursery practice prescribed by the International Society of Arboriculture (ISA). All
plant materials installed shall be Florida #1 or better according to the most current
edition of Florida Department of Agriculture, Florida Grades and Standards for
Nursery Stock; and all trees shall meet Florida Power & Light, Right Tree, Right
Place, South Florida.
(b) Trees and palms within the right of way shall be installed and pruned to prevent
encroachment to roadways, lateral offsets, and sidewalks. Definition of these
criteria is included in the most current editions of FDOT standards for design,
construction, maintenance, and utility operations on the state highway system and
Exhibit "C", the Maintenance Plan.
(c) Tree and palm pruning shall be supervised by properly trained personnel trained in
tree pruning techniques and shall meet the most current standards set forth by the
International Society of Arboriculture (ISA) and the American National Standard
Institute (ANSI), Part A-300.
(d) Irrigation installation and maintenance activities shall conform to the standards set
forth by the Florida Irrigation Society (FIS) latest edition of FIS, Standards and
Specifications for Turf and Landscape Irrigation Systems.
(e) The AGENCY shall provide the FDOT Local Operation Center accurate as-built
plans of the irrigation system so if in the future there is a need for the
DEPARTMENT to perform work in the area, the system can be accommodated as
much as possible. (See paragraph ( l ) for contact information)
(f) If it becomes necessary to provide utilities (water/electricity) to the median or side
areas, it shall be the AGENCY’S responsibility to obtain a permit for such work
through the local Operations Center (see paragraph ( l ) below) and the AGENCY
shall be responsible for all associated fees for the installation and maintenance of
these utilities.
(g) All specialty surfacing shall be installed and maintained in strict accordance with
113
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
the most current edition of the Florida Accessibility Code for Building Construction
and the Interlocking Concrete Pavement institute (ICPI).
(h) All activities, including landscape improvements installation and future
maintenance operations performed on State highway right of way, must be in
conformity with the most current edition of the Manual on Uniform Traffic Control
(MUTCD) and FDOT Standard Plans for Road Construction, 102-XXX series,
Maintenance of Traffic.
(i) The most current edition of FDOT Design Manual, Section 212.11 and Exhibits
212.4 through 212.7 regarding clear sight triangles at intersections must be
adhered to.
(j) Clear Zone Lateral Offset and as specified in the FDOT Design Manual, Chapter
215 must be adhered to.
(k) Landscape improvements shall not obstruct roadside signs or permitted outdoor
advertising signs, (see Florida Administrative Code [F.A.C.] Rule Chapter 14-10.)
(l) The AGENCY shall provide the local FDOT Operation Center located at Palm
Beach Operations, 7900 Forest Hill Boulevard, West Palm Beach, FL 33413 (561)
432-4966 a twenty-four (24) hour telephone number and the name of a responsible
person that the DEPARTMENT may contact. The AGENCY shall notify the local
maintenance office forty-eight (48) hours prior to the start of the landscape
improvements.
(m) If there is a need to restrict the normal flow of traffic, it shall be done on non-
holiday, weekday off-peak hours (9 AM to 3 PM), and the party performing such
work shall give notice to the local law enforcement agency within whose jurisdiction
such road is located prior to commencing work on the landscape improvements.
The DEPARTMENT’S Operation Center Public Information Officer (see telephone
number in Paragraph ( l ) shall also be notified.
(n) The AGENCY shall be responsible for ensuring no impacts to utilities will occur
within the landscape improvement limits before construction commences.
(o) The AGENCY shall follow the minimum level of maintenance guidelines as set
forth in FDOT’S Rule Chapter 14-40 Highway Beautification and Landscape
Management, in the FDOT Guide to Roadside Mowing and Maintenance
Management System, and Exhibit "C", the Maintenance Plan for maintenance
activities for landscape improvements.
3. MAINTENANCE OF FACILITIES
A. The AGENCY agrees to maintain the landscape improvements, as existing and
those to be installed, within the physical limits described in Exhibit "A" and as
further described in Exhibit "B". The non-standard improvements within and outside
the traveled way shall be maintained by the AGENCY regardless if the said
improvement was made by the DEPARTMENT, the AGENCY, or others authorized
pursuant to Section 7, by periodic mowing, pruning, fertilizing, weeding, curb and
sidewalk edging, litter pickup, necessary replanting, irrigation system repair and/ or
114
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
repair of any median concrete replacement associated with specialty surfacing (if
applicable) following the DEPARTMENT’S landscape safety and maintenance
guidelines, Exhibit “C”, the Maintenance Plan. The AGENCY’S responsibility for
maintenance shall include all landscaped, turfed and hardscape areas on the
sidewalk or within the medians and areas outside the traveled way to the right of way
and/or areas within the traveled way containing specialty surfacing. It shall be the
responsibility of the AGENCY to restore an unacceptable ride condition of the
roadway caused by the differential characteristics of non-standard traveled way
surfacing (if applicable) on DEPARTMENT right of way within the limits of this
Agreement.
B. Such maintenance to be provided by the AGENCY is specifically set out as follows:
to maintain, which means to properly water and fertilize all plant materials; to keep
them as free as practicable from disease and harmful insects; to properly mulch the
planting beds; to keep the premises free of weeds; to mow the turf to the proper
height; to properly prune all plants which at a minimum includes: (1) removing dead
or diseased parts of plants, (2) pruning such parts thereof to provide clear visibility to
signage, permitted outdoor advertising signs per Florida Statute 479.106 and for
those using the roadway and/or sidewalk; (3) preventing any other potential roadway
hazards. Plant materials shall be those items which would be scientifically classified
as plants and including trees, palms, shrubs, groundcover and turf. To maintain also
means to remove or replace dead or diseased plant materials in their entirety, or to
remove or replace those that fall below original project standards. Palms shall be
kept fruit free year-round. To maintain also means to keep the header curbs that
contain the specialty surfacing treatment in optimum condition. To maintain also
means to keep the nonstandard hardscape areas clean, free from weeds and to
repair said hardscape as is necessary to prevent a safety hazard. To maintain also
means to keep litter removed from the median and areas outside the travel way to
the right of way line. All plants removed for whatever reason shall be replaced by
plants of the same species type, size, and grade as specified in the original plans
and specifications. Any changes to the original plans shall be submitted by permit
application to the DEPARTMENT for review and approval.
C. If it becomes necessary to provide utilities (water/electricity) to the medians or areas
outside the traveled way to maintain these improvements, all costs associated with
the utilities associated for the landscape improvements including any impact and/or
connection fees, and the on-going cost of utility usage for water and electrical, are
the maintaining AGENCY’S responsibility.
The AGENCY shall be directly responsible for impact and connection fees.
D. The maintenance functions to be performed by the AGENCY may be subject to
periodic inspections by the DEPARTMENT at the discretion of the
DEPARTMENT. Such inspection findings will be shared with the AGENCY and
shall be the basis of all decisions regarding repayment, reworking or agreement
termination. The AGENCY shall not change or deviate from said plans without
written approval of the DEPARTMENT.
4. DEPARTMENT ACCESS TO FACILITIES
The DEPARTMENT will periodically need access to various features within the limits of this
115
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
agreement. Upon request of the DEPARTMENT, the AGENCY will have 14 calendar days to
provide access to the items noted by the DEPARTMENT. This may require temporary or
permanent removal of improvements such as hardscape, landscape or other items
conflicting with the items to which the Department needs access.
Should the AGENCY fail to remove or relocate items as requested, the Department may:
(a) Remove conflicting improvements or any portion thereof.
(b) Restore the area with any material meeting Department standards.
(c) Restore the improvements at the request and funding of the AGENCY.
5. NOTICE OF MAINTENANCE DEFICIENCIES
If at any time after the AGENCY has undertaken the landscape improvements installation
and/or maintenance responsibility for the landscape improvements it shall come to the
attention of the DEPARTMENT’S District Secretary that the limits, or a part thereof, are not
properly maintained pursuant to the terms of this Agreement, said District Secretary, may at
his/her option, issue a written notice that a deficiency or deficiencies exist(s), by sending a
certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter, the
AGENCY shall have a period of thirty (30) calendar days within which to correct the cited
deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT
may, at its option, proceed as follows:
(a) Maintain the landscape improvements or any part thereof, with the DEPARTMENT
or Contractor’s personnel and invoice the AGENCY for expenses incurred, and/or
(b) At the discretion of the DEPARTMENT, terminate the Agreement in accordance
with Paragraph 9 of this Agreement and remove, by the DEPARTMENT or
Contractor’s personnel, all of the landscape improvements installed under this
Agreement or any preceding Agreements, except as to trees and palms, and
charge the AGENCY the reasonable cost of such removal.
6. FUTURE DEPARTMENT IMPROVEMENTS
It is understood between the parties hereto that the landscape improvements covered by
this Agreement may be removed, relocated, or adjusted at any time in the future, as
determined to be necessary by the DEPARTMENT in order that the adjacent state road be
widened, altered, or otherwise changed to meet future criteria or planning needs of the
DEPARTMENT.
The AGENCY shall be given sixty (60) calendar day notice to remove said landscape
improvements at the AGENCY'S expense after which time the DEPARTMENT may remove
same. All permits (including tree permits), fees, and any mitigation associated with the
removal, relocation or adjustments of these improvements are the maintaining AGENCY’S
responsibility.
7. FUTURE AGENCY IMPROVEMENTS
The AGENCY may construct additional landscape improvements within the limits of the
landscape improvements rights of ways identified as a result of this document, subject to the
116
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
following conditions:
(a) Plans for any new landscape improvements shall be subject to approval by the
DEPARTMENT. The AGENCY shall not change or deviate from said plans without
written approval by the DEPARTMENT.
(b) All landscape improvements shall be developed and implemented in accordance
with appropriate state safety and roadway design standards.
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape improvements it chooses to have installed and
there will be no cost to the DEPARTMENT.
8. ADJACENT PROPERTY OWNER IMPROVEMENTS
The DEPARTMENT may allow an adjacent property owner to construct additional landscape
improvements within the limits of the right of way identified in Exhibit "A" of this Agreement
that the AGENCY shall be responsible for maintaining under this Agreement, subject to the
following conditions:
(a) Plans for any new landscape improvements shall be subject to approval by the
DEPARTMENT and shall require a valid permit attached with a letter of consent to
said plans by the AGENCY. The plans shall not be changed or deviated from
without written approval by the DEPARTMENT and the AGENCY.
(b) All landscape improvements shall be developed and implemented in accordance
with appropriate state safety and roadway design standards.
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape improvements installed by an adjacent owner.
9. AGREEMENT TERMINATION
In addition to those conditions otherwise contained herein, this Agreement may be
terminated under any one (1) of the following conditions:
(a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this
Agreement, following ten (10) days written notice.
(b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter
119, Florida Statutes, and made or received by the AGENCY in conjunction with
this Agreement.
10. AGREEMENT TERM
(a) The term of this Agreement commences upon execution by all parties and shall
remain in effect for the life of the improvement, or until this Agreement is
terminated by either party in accordance with Paragraph 9.
(b) If the DEPARTMENT chooses to cancel the landscape improvements described in
117
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
Exhibit "B", this Agreement becomes void and the original Agreement is
reinstated, if any.
11. LIABILITY AND INSURANCE REQUIREMENTS
A. With respect to any of the AGENCY’S agents, consultants, sub-consultants,
contractors and/or sub-contractors, such party in any contract for the landscape
improvements shall agree to indemnify, defend, save and hold harmless the
DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising
out of, because of or due to any intentional and/or negligent act or occurrence,
omission or commission of such agents, consultants, subconsultants, contractors
and/or subcontractors. The AGENCY shall provide the DEPARTMENT with written
evidence of the foregoing upon the request of the DEPARTMENT. It is specifically
understood and agreed that this indemnification clause does not cover or indemnify
the DEPARTMENT for its own negligence.
B. In the event that AGENCY contracts with a third party to provide the services set
forth herein, any contract with such third party shall include the following provisions:
(1) AGENCY’S contractor shall at all times during the term of this Agreement keep
and maintain in full force and effect, at contractor’s sole cost and expense,
Comprehensive General Liability with minimum limits of $1,000,000.00 per
occurrence combined single limit for Bodily Injury Liability and Property Damage
Liability and Worker’s Compensation insurance with minimum limits of
$500,000.00 per Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive General Liability and
Worker’s Compensation policy without restrictive endorsements, as filed by the
Insurance Services Office. The AGENCY and DEPARTMENT shall be named as
additional insured on such policies.
(2) AGENCY’S contractor shall furnish AGENCY with Certificates of Insurance of
Endorsements evidencing the insurance coverage specified herein prior to the
beginning performance of work under this Agreement.
(3) Coverage is not to cease and is to remain in full force and effect (subject to
cancellation notice) until all performance required of AGENCY’S contractor is
completed. All policies must be endorsed to provide the DEPARTMENT with at
least thirty (30) day notice of cancellation and/or restriction. If any of the
insurance coverage will expire prior to the completion of work, copies of renewal
policies shall be furnished at least (30) days prior to the date of expiration.
12. E-VERIFY REQUIREMENTS
The AGENCY shall:
(a) Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the
employment eligibility of all new employees hired by the AGENCY during the term
of the contract; and
(b) Expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland
118
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
Security’s E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the contract term.
13. SUPERSEDED AGREEMENTS
This writing embodies the entire Agreement and understanding between the parties hereto
and there are no other Agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
14. FISCAL TERMS
The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money will/may
be paid on such contract. The DEPARTMENT shall require a statement from the
Comptroller of the DEPARTMENT that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding one (1) year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of
the DEPARTMENT which are for an amount in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000.00) and which have a term for a period of more than one year.
15. DISPUTES
The DEPARTMENT’S District Secretary shall decide all questions, difficulties, and disputes
of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution or fulfillment of the service hereunder and the character, quality, amount, and
value thereof; and his decision upon all claims, questions, and disputes shall be final and
conclusive upon the parties hereto.
16. ASSIGNMENT
This Agreement may not be assigned or transferred by the AGENCY, in whole or in part,
without the prior written consent of the DEPARTMENT.
17. LAWS GOVERNING
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. In the event of a conflict between any portion of the contract and Florida
law, the laws of Florida shall prevail. The AGENCY agrees to waive forum and jurisdictional
venue. The DEPARTMENT shall determine the forum and venue in which any dispute under
this Agreement is decided.
18. NOTICES
Any and all notices given or required under this Agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
119
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
If to the DEPARTMENT:
Florida Dept. of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309-3421
Attn: Kaylee Kildare
District IV Landscape Manager
If to the AGENCY:
City of Boynton Beach
100 East Ocean Avenue
Boynton Beach, FL 33435
Attn: Craig Pinder
Title: City Planner
19. LIST OF EXHIBITS
Exhibit A: Landscape Improvements Maintenance Boundaries
Exhibit B: Landscape Improvement Plans
Exhibit C: Maintenance Plan for Landscape Improvements
Exhibit D: Resolution
120
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first written above.
CITY OF BOYNTON BEACH
By: _____________________________ Date: _____________
Chairperson / Mayor / Manager
Attest: ___________________________ (SEAL)
City Clerk
Legal Approval: ____________________
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: ______________________________ Date: ____________
Transportation Development Director
Attest: ____________________________ (SEAL)
Executive Secretary
Legal Review: ________________________
Office of the District General Counsel
121
SECTION: 93010000
PERMIT: 2023-L-496-00003
COUNTY: Palm Beach
STATE RD: 5
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
EXHIBIT A
LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES
I. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS:
State Road 5 / Federal Highway / US Highway 1 from M.P. 14.162 to M.P. 14.232
II. LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES:
See attached map.
122
XXNORTH050'100'GRAPHIC SCALE STATE ROAD 5 (US-1 / SOUTH FEDERAL HIGHWAY)S.E. 2nd AVENUEFDOT LANDSCAPE PERMIT NUMBER 2023-L-496-00003LANDSCAPE IMPROVEMENTSMAINTENANCE BOUNDARY MAPCITY OF BOYNTON BEACHBEGIN PROJECTMP 14.162END PROJECTMP 14.232LIMITS OF MAINTENANCE BYCITY OF BOYNTON BEACHLEGEND± 7' SIDEWALKEASEMENT10' FDOT PROPOSEDRIGHT OF WAYR/WR/WBUS SHELTERMAINTAINED BY COUNTY123
SECTION: 93010000
PERMIT: 2023-L-496-00003
COUNTY: Palm Beach
STATE RD: 5
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
EXHIBIT B
LANDSCAPE IMPROVEMENT PLANS
The AGENCY agrees to install the landscape improvements in accordance with the plans
and specifications attached hereto and incorporated herein.
Please see attached plans prepared by: Herbert C. Hodgman, RLA
Rhett Roy Landscape Architecture
Date: October 16, 2023
124
BROADSTONE BOYNTON BEACH
212 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL
BROWARD COUNTY
STATE ROAD 5 (US-1 / SOUTH FEDERAL HIGHWAY)
INDEX OF LANDSCAPE PLANS
SHEET NO.SHEET DESCRIPTION
---COVER SHEET
LH-1 HARDSCAPE PLAN
LP-1 LANDSCAPE PLAN
LR-1 IRRIGATION PLAN
PROJECT LOCATION
PENSACOLA
PANAMA CITY
TALLAHASSEE LAKE CITY
GAINESVILLE
OCALA
CHIPLEY
JACKSONVILLE
ST. AUGUSTINE
DELAND
DAYTONA BEACH
TAMPA BARTOW
FT. PIERCESARASOTA
FT. MYERS
NAPLES
MIAMI
ORLANDO
KEY WEST
WEST
PALM
BEACH
FT.
LAUDERDALE
LAKE
OKEECHOBEE
GOVERNING STANDARD PLANS: FLORIDA DEPARTMENT OF
TRANSPORTATION, FY 2018-19 STANDARD PLANS FOR ROAD AND
BRIDGE CONSTRUCTION AND APPLICABLE INTERIM REVISIONS (IRS).
GOVERNING STANDARD SPECIFICATIONS: FLORIDA DEPARTMENT OF
TRANSPORTATION JULY 2018 STANDARD SPECIFICATIONS FOR ROAD
AND BRIDGE CONSTRUCTION.
7860 Peters Road, Ste. F-110
P l a n t a t i o n , F L 3 3 3 2 4
Phone 954 / 462-0704
i n f o @ r h e t t r o y . c o m
NORTH
BEGIN PROJECT
MP 14.162
ROADWAY DESIGN
SPEED = 35 MPH
END PROJECT
MP 14.232
Herbert C
Hodgman
Digitally signed by
Herbert C Hodgman
Date: 2023.10.16
07:54:11 -04'00'
125
END PROJECT
MP 14.232
BEGIN PROJECT
MP 14.162
LS.
LS.LS.LS.
LS.LS.LS.
LS.LS.
LS.LS.LS.
LS.LS.LS.
LS.
LS.
LS.
LS.CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)CONC. SIDEWALK (PROPOSED)FIRE
HYDRANTHYDRANTHYDRANTHYDRANT
PROPOSED
8-STORY BUILDING
10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'
10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"± 7'± 7'
CU Soil Developed by:
AMEREQ INC./CU-SOIL DIV.
19 SQUADRON BOULEVARD
NEW CITY, NEW YORK 10956
800-832-8788
www.structuralsoil.com
CURB
TREE TRUNK
ASPHALT
APPROX. 11'x13'x3' DEEP CU
STRUCTURAL SOIL, EXTEND TO
EDGE OF SIDEWALK - SEE PLAN
SIDEWALK
ADDAPAVE SURFACE
Local Distributor:
Atlas Peat & Soil, Inc.
Boynton Beach, FL
561-734-7300
PLANTING SOIL
STRUCTURAL SOIL DETAIL
N.T.S.
DRAIN PIPE
12" ROOT GUARD
CURB
ADDAPAVE SURFACE
12" ROOT GUARD
EDGE OF SIDEWALK
SECTION
PLAN
11'-0"13'-0"
5'-0"5'-0"5'-0"3'-0"3'-0"3'-0"3'-0"3'-0"5'-0"5'-0"5'-0"5'-0"5'-0"3'-0"3'-0"3'-0"3'-0"3'-0"3'-0"Drawing No.
Scale
Date
CAD File No.
Project No.
Drawn No.REVISIONSDateHerbert C. Hodgman
LA0001079
7 8 60 P et er s R oa d ,S t e.F -11 0
P l a n t a t i o n ,F L 3 3 3 2 4
Phone 954 /462-0704
i n f o @ r h e t t r o y .c o m HARDSCAPE PLANHARDSCAPE PLAN1"=20'-0"
HHHH
21030
21030
4/13/2023 212 S. Federal Highway, Boynton Beach, FL212 S. Federal Highway, Boynton Beach, FL212 S. Federal Highway, Boynton Beach, FLNORTH
0 20'40'
GRAPHIC SCALE
Herbert C
Hodgman
Digitally signed by
Herbert C Hodgman
Date: 2023.10.16
07:55:34 -04'00'
126
14'-6"
END PROJECT
MP 14.232
BEGIN PROJECT
MP 14.162
LS.LS.LS.LS.
LS.LS.LS.
LS.LS.LS.LS.LS.LS.LS.LS.LS.LS.
LS.LS.LS.
LS.LS.LS.
LS.LS.LS.
LS.LS.LS.LS.LS.LS.LS.
LS.LS.LS.LS.
FIRE
HYDRANTHYDRANTHYDRANTHYDRANT
PROPOSED
8-STORY BUILDING
10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'± 7'
10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"± 7'± 7'± 7'
Drawing No.
Scale
Date
CAD File No.
Project No.
Drawn No.REVISIONSDateHerbert C. Hodgman
LA0001079
7 8 60 P et er s R oa d ,S t e.F -11 0
P l a n t a t i o n ,F L 3 3 3 2 4
Phone 954 /462-0704
i n f o @ r h e t t r o y .c o m LANDSCAPE PLAN1"=20'-0"
HHHH
21030
21030
5/24/2023 212 S. Federal Highway, Boynton Beach, FL212 S. Federal Highway, Boynton Beach, FLNORTH
0 20'40'
GRAPHIC SCALE
MULTI-PALM PLANTING DETAIL
N.T.S.
FINISH GRADE
6" EARTHEN SAUCER
TRUNK FLARE SHALL BE
VISIBLE ABOVE EXISTING
GRADE
(3) 2"W BLACK MESH POLY
STRAPS, TIE SECURELY TO
TREE & STAKES
3" MULCH AS SPECIFIED
WATERED-IN PREPARED
PLANTING SOIL AS
SPECIFIED
(3) #4 REBAR, 24"L DRIVEN
BELOW GRADE
UNDISTURBED SOIL
PLANTING PIT
2X ROOTBALL
DUCKBILL ANCHORING
SYSTEM #88 RBK
(3 PER TREE)
PLANTING SOIL
ADD-A-PAVE
#57 STONE
COMPACTED
SUBGRADE
CURB
SIDEWALK
LARGE TREE PLANTING DETAIL
N.T.S.
OVERALL HT. (OA)
SPREAD (SPR)
CLEAR TRUNK
(CT)
Herbert C
Hodgman
Digitally signed by
Herbert C Hodgman
Date: 2023.10.16
07:55:55 -04'00'
127
END PROJECTEND PROJECTEND PROJECT
MP 14.232MP 14.232MP 14.232
BEGIN PROJECT
MP 14.162
VALVE BOX
WATER METER
GATE VALVE (TO LINE SIZE)
SCH 40 PVC
SCH 40 GALVANIZED STEEL
PAIGE THHN WIRE
RAIN BIRD RAIN SENSOR
NOT SHOWN
NOT SHOWN
NOT SHOWN
RSD-BEX
1111
PVC FITTINGS
SPRINKLER RISERS
SLEEVES
0202
0101
SYMBOL MODEL NO. DESCRIPTION * EST. QUANTITY
RAIN BIRD AUTO. CONTROLLER
RAIN BIRD 24 VAC SOLENOID VALVE
ESP-12LXME
PEB SERIES
0101
LEGEND
MAIN LINE
NOT SHOWN
WIRE CONDUIT
AS REQUIRED
RAIN BIRD ROOT WATERING SYSTEM RWS
RAIN BIRD 12" POP-UP SPRAY 1812-8T8T8T 0101
BY OTHERS
,
RAIN BIRD 6" POP-UP SPRAY 1806-10Q 0606
1806-10H RAIN BIRD 6" POP-UP SPRAY
RAIN BIRD 6" POP-UP SPRAY 1806-15Q 0505
RAIN BIRD 6" POP-UP SPRAY 1806-15H 0606
CWCW
RSRS
AS REQUIRED
AS REQUIRED
LFLF
LFLF
1806-10F 0202RAIN BIRD 6" POP-UP SPRAY
RAIN BIRD 12" POP-UP SPRAY 1812-8H8H8H 1919
GROUNDING LOCATION 0101CWCW
900
AS REQUIRED
820
RAIN BIRD 6" POP-UP SPRAY 1806-15SST 0303
RAIN BIRD SHRUB SPRAY PA8S-12Q12Q 0101
RAIN BIRD SHRUB SPRAY PA8S-12H12H 2424
RAIN BIRD STREAM BUBBLER PA8S-5CST-B 5858
RAIN BIRD 6" POP-UP SPRAY 1806-8Q8Q8Q 0202
BACKFLOW PREVENTION BY OTHERS
RAIN BIRD SPRAY BUBBLER PA8S-SQ-QTR 1515
RAIN BIRD SPRAY BUBBLER PA8S-SQ-HLF 107
RAIN BIRD SHRUB SPRAY PA8S-5Q5Q5Q 0101
RAIN BIRD SHRUB SPRAY PA8S-5H5H5H 0202
RAIN BIRD SHRUB SPRAY PA8S-8Q 0505
RAIN BIRD SHRUB SPRAY PA8S-8T 0202
RAIN BIRD SHRUB SPRAY PA8S-8H 0303
RAIN BIRD SHRUB SPRAY PA8S-8F 0101
RAIN BIRD SHRUB SPRAY PA8S-15LCS 0404
RAIN BIRD SHRUB SPRAY PA8S-15SST 1010
RAIN BIRD SHRUB SPRAY PA8S-15Q 0101
RAIN BIRD SHRUB SPRAY PA8S-15H 0202
RAIN BIRD 12" POP-UP SPRAY 1812-8V8V8V 0404
RAIN BIRD 12" POP-UP SPRAY 1812-8Q8Q8Q 1111
RAIN BIRD 12" POP-UP SPRAY 1812-5Q5Q5Q 1111
RAIN BIRD 12" POP-UP SPRAY 1812-5H5H5H 0101
RAIN BIRD 12" POP-UP SPRAY 1812-10T10T 0202
RAIN BIRD 12" POP-UP SPRAY 1812-10H10H 0606
RAIN BIRD 12" POP-UP SPRAY 1812-10V10V 0505
RAIN BIRD 12" POP-UP SPRAY 1812-10Q10Q 2020
RAIN BIRD 12" POP-UP SPRAY 1812-15RCS 1212
RAIN BIRD 12" POP-UP SPRAY 1812-15LCS 1010
RAIN BIRD 12" POP-UP SPRAY 1812-15SST 2424
RAIN BIRD 12" POP-UP SPRAY 1812-15T 0101
RAIN BIRD 12" POP-UP SPRAY 1812-15Q 0101
,
4646
8Q8Q
8T8T
8H8H
8F8F
LCS
SST
15Q
15H
RAIN BIRD SHRUB SPRAY PA8S-15RCS 0404RCS
RAIN BIRD SHRUB SPRAY PA8S-10Q 0909
RAIN BIRD SHRUB SPRAY PA8S-10T 0101
RAIN BIRD SHRUB SPRAY PA8S-10H 0707
10Q
10T
10H
10Q
10H
10F
SST
15Q
15H
RAIN BIRD 6" POP-UP SPRAY 1806-12H12H 0101
1010
RAIN BIRD 12" POP-UP SPRAY 1812-5V5V5V 0404
RAIN BIRD 12" POP-UP SPRAY 1812-12T12T 0202
RAIN BIRD 12" POP-UP SPRAY 1812-12H12H 1515
RAIN BIRD 12" POP-UP SPRAY 1812-12V12V 0505
RAIN BIRD 12" POP-UP SPRAY 1812-12Q12Q 0303
,
RCS
LCS
SST
15Q
15T
1"0404
1 1/2"0505
#12 AWG COMMON
#14 AWG CONTROL
LFLF 900
LFLF4,100
LATERALS AS REQUIRED
POINT-OF-CONNECTION POC
BPBP
WMWM
0101
Drawing No.
Scale
Date
CAD File No.
Project No.
Drawn No.REVISIONSDateHerbert C. Hodgman
LA0001079
7 8 60 P et er s R oa d ,S t e.F -11 0
P l a n t a t i o n ,F L 3 3 3 2 4
Phone 954 /462-0704
i n f o @ r h e t t r o y .c o m IRRIGATION PLANIRRIGATION PLAN1"=20'-0"
HHHH
21030
21030
4/13/2023 212 S. Federal Highway, Boynton Beach, FL212 S. Federal Highway, Boynton Beach, FL212 S. Federal Highway, Boynton Beach, FLNORTH
0 20'40'
GRAPHIC SCALE
Herbert C
Hodgman
Digitally signed by
Herbert C Hodgman
Date: 2023.10.16
07:56:19 -04'00'
128
SECTION: 93010000
PERMIT: 2023-L-496-00003
COUNTY: Palm Beach
STATE RD: 5
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
EXHIBIT C
MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS
This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE
MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida,
Department of Transportation and the AGENCY.
Please see attached
129
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
MAINTENANCE PLAN
Landscape Improvements
Project State Road No(s): SR5 / Federal Hwy / US1 from M.P. 14.162 to M.P. 14.232
Permit or FM No(s): 2023-L-496-00003
RLA of Record: Herbert C. Hodgman
Maintaining Agency: City of Boynton Beach
Date: March 23, 2023
---------------------------------------------------------------------------------------------------------------------
The purpose of a plan for the landscape improvements maintenance practices is to allow the plant
material on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and
conserving our natural resources. Plantings and all other landscape improvements within FDOT right of
way shall be maintained to avoid potential roadway hazards and to provide required clear visibility,
accessibility, clearance, and setbacks as set forth by Florida Department of Transportation (FDOT)
governing standards and specifications: FDOT Standard Plans, FDOT Plans Design Manual and FDOT
Standard Specifications for Road and Bridge Construction, as amended by contract documents, and all
other requirements set forth by the District 4 Operations Maintenance Engineer.
Part I of the Maintenance Plan describes general maintenance requirements and recommendations that
are standard for all projects. Part II provides recommendations prepared by the Registered Landscape
Architect of Record specific to the attached approved plans.
PART I. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS:
WATERING REQUIREMENTS
Watering is a critical concern for not only the maintenance of healthy plant material but also for
observing water conservation practices. The amount of water to apply at any one time varies
with the weather, drainage conditions and water holding capacity of the soil. For plant materials
that have been established, it is imperative that any mandated water restrictions be fully
conformed to on FDOT roadways.
Proper watering techniques should provide even and thorough water dispersal to wet the entire
root zone, but not saturate the soil or over-spray onto travel lanes.
IRRIGATION SYSTEM
The Agency shall ensure there are no roadway overspray or irrigation activities during daytime
hours (most notably “rush hour” traffic periods). It is imperative the irrigation controller is
properly set to run early enough that the watering process will be entirely completed before high
traffic periods, while adhering to mandated water restrictions. To ensure water conservation, the
Agency shall monitor the system for water leaks and the rain sensors to ensure they are
functioning properly so that the system shuts down when there is sufficient rainfall.
MULCHING
Mulch planting beds to prevent weed growth, retain moisture to the plants, protect against soil
erosion and nutrient loss, maintain a more uniform soil temperature, and improve the
appearance of the planting beds. Do not mound mulch against the trunks of trees, palms, and
the base of shrubs to allow air movement which aids in lowering disease susceptibility. Cypress
mulch is prohibited on state right of way.
130
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
INTEGRATED PLANT MANAGEMENT
An assessment of each planting area’s soil is recommended to periodically determine the
nutrient levels needed to sustain healthy, vigorous plant growth.
Palms, shrubs, trees, and turf areas shall be fertilized in such a manner and frequency to
ensure that the plant material remains healthy and vigorously growing. Please be alert to
changes in fertilization types per University of Florida, Institute of Food and Agricultural Services
(I.F.A.S.) recommendations. Establishment of an integrated pest management program is
encouraged to ensure healthy plants, which are free of disease and pests.
PRUNING
All pruning, and the associated safety criteria, shall be performed according to American
National Standard Institute (ANSI) A300 standards and shall be supervised by an International
Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and
natural growth of plant materials in mind, to achieve the FDOT requirements for maintaining
clear visibility for motorists, and provide vertical clearance for pedestrian, bicyclist, and truck
traffic where applicable. Visibility windows must be maintained free of view obstructions, and all
trees and palms must be maintained to prevent potential roadway and pedestrian hazards. All
palms are to be kept fruit free. The understory plant materials selected for use within the
restricted planting areas (Limits of Clear Sight) are to be mature height in compliance with the
FDM Window Detail. Vertical clear zones for vegetation heights over roadways and sidewalks
must meet the requirements of the FDOT Maintenance Rating Program (MRP) standards. See
Reference pages. The R.L.A. of Record will provide the specific pruning heights for mature or
maintained height and spread of all plant material to achieve the design intent shall be noted in
Part II., Specific Project Site Maintenance Requirements and Recommendations.
STAKING AND GUYING
All staking materials are to be removed after one year or as directed by the RLA of Record.).
Any subsequent staking and guying activities by the Agency must adhere to FDOT Standard
Plans guidelines (See Index 580-001). The Agency shall closely monitor staking and guying
attachment materials so that they are securely fastened to avoid potential roadway hazards.
TURF MOWING
All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep,
healthy root system while providing a neat and clean appearance to the urban landscape. All
turf efforts, mowing, curb/sidewalk edging and turf condition, must at a minimum, meet FDOT
Maintenance Rating Program (MRP).
LITTER CONTROL
The project site shall remain as litter free as practicable. It is recommended to recycle this litter
to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT Maintenance
Rating Program (MRP) standards.
WEEDING/HERBICIDE
All planting areas shall be maintained as weed free as practicable by enlisting integrated pest
management practices in areas specified on the plans and maintaining proper mulch levels.
Extreme care is recommended when using a chemical herbicide to avoid overspray onto plant
materials. It is the applicator’s responsibility to restore any damage resulting from overspray to
the plantings, per the approved plans.
131
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
PLANT REPLACEMENT
Plant replacement shall be the same species and specification as the approved plan. Move and
replace all plant materials that may conflict with utility relocations and service. Only plants
graded Florida #1 or better, per the Florida Department of Agriculture and Consumer Services,
Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become
necessary to change the species, a permit is required from FDOT for approval by the FDOT
District Landscape Architect.
TREE CELL STRUCTURES
Underground tree cells shall be maintained in such a manner as to prolong the life of the
structure and prevent potential safety hazards. If the structures fail or become damaged, they
shall be replaced with the same type and specification as the approved plan.
LANDSCAPE ACCENT LIGHTING
Landscape accent lighting shall be maintained in such a manner as to prolong the life of the
lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system
become damaged, they shall be replaced with the same type and specification as the approved
plan. Landscape lighting shall meet requirements for the sea turtle nesting and hatching.
HARDSCAPE (SPECIALTY SURFACING)
All tree grates and specialty surfacing (if applicable) shall be maintained in such a manner as to
prevent any potential tripping hazards and protect damage to the surfacing and tree grates.
Final surface tolerance from grade elevations shall, at a minimum, meet the most current FDOT
Maintenance Rating Program Handbook for a sidewalk; ADA accessible sidewalk; and FDOT
Design Standards for Design, Construction, Maintenance and Utility Operations on The State
Highway System. If the specialty surfacing or tree grates become damaged, they shall be
replaced with the same type and specification as the approved plan.
HARDSCAPE (CONCRETE PAVERS)
All concrete pavers (if applicable) shall be maintained in such a manner as to prevent any
potential tripping hazards and protect damage to the pavers. Final surface tolerance from grade
elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute
(ICPI), Guide Specifications for Pavers on an Aggregate Base, Section 23 14 13 Interlocking
Concrete Pavers, Part 3.05. If the concrete pavers become damaged, they shall be replaced
with the same type and specification as the approved plan.
It shall be the responsibility of the AGENCY to maintain all signs located within a non-standard
surfacing area. Such maintenance to be provided by the AGENCY shall include repair and
replacement of the sign panel, post, and base.
HARDSCAPE (NON-STANDARD TRAVELED WAY SURFACING)
It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the
roadway, including asphalt pavement (if applicable), caused, or contributed by the installation or
failure of non-standard surfacing, and/or the header curb, on the Department of Transportation
right of way within the limits of this Agreement. Pavement restoration areas or “patches” will
have a minimum length of 10-ft, measured from the edge of the header curb, and a width to
cover full lanes for each lane affected by the restoration.
Pavement restoration will be performed in accordance with the most current edition of the FDOT
Standard Specifications for Road and Bridge Construction, and the FDOT Design Standards for
Design, Construction, Maintenance and Utility Operations on the State Highway System.
132
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
SITE FURNISHINGS
Site furnishing such as Trash Receptacles, Benches, Bollards and Bicycle Racks shall be
maintained in such a manner as to prolong the life of the fixture and prevent potential safety
hazards. If the fixtures and their overall function and mounting systems become damaged, they
shall be replaced with the same type and specification as the approved plan.
MAINTENANCE OF TRAFFIC CONTROL
Reference the FDOT website regarding the selection of the proper traffic control requirements to
be provided during routine maintenance and / or new installations of this DOT roadway.
VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING (ODA)
(IF APPLICABLE)
To avoid conflicts with permitted outdoor advertising, please reference the State of Florida
website regarding the vegetation management of outdoor advertising. This website provides a
portal to search the FDOT Outdoor Advertising Inventory Management System Database. The
database contains an inventory of outdoor advertising structures, permits and other related
information maintained by the Department.
Also, reference the Florida Highway Beautification Program website link for Vegetation
Management at ODA signs Florida Statutes and Florida Administrative Code related to
vegetation management at outdoor advertising sign, permit applications for vegetation
management and determining mitigation value of roadside vegetation.
PART II.
SPECIFIC PROJECT SITE MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS:
1. The design intent is to provide non-vehicular passage adjacent to east side of tall
residential tower to include pavers, shade trees, shrubs and pedestrian lights.
2. Canopy Trees are intended to be maintained at mature height and spread (Refer to Part
I Pruning, for clear sight window and vertical clear zone pruning requirements.)
3. Remove suckering growth from base and clear trunk areas for single trunked trees on a
quarterly schedule.
4. To maintain the intended appearance of all palms, apply the latest palm fertilizer
recommended by the University of Florida IFAS Extension per the manufacturer’s
specifications.
5. To maintain the intended appearance of all shrubs or turf grass, apply the latest fertilizer
recommended by the University of Florida IFAS Extension per the manufacturer’s
specifications.
6. Do not remove fronds from self-cleaning palms, unless damaged. Palms with persistent
fronds shall only have dead fronds removed, do not remove any green fronds. If it is
deemed necessary to prune a palm’s fronds, no fronds shall be trimmed above 3 o’clock
and 9 o’clock on the horizontal plain.
133
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
7. Groundcover and shrub horizontal growth shall be maintained to prevent foliage from
growing beyond the limits of the planting areas shown on the plan. Maintain a 12”
setback from the foliage to the edge of sidewalk and other hardscape improvements.
8. Maintain the vertical height of:
Ficus Green Island between 16” and 18”, full to ground
Wax Jasmine between 16” and 18”, full to ground
Firebush between 22” and 24”, full to ground
Cocoplum between 28” and 30”, full to ground
Podocarpus between 28” and 30”, full to ground
Floratam sod to be maintained at 1 1/2” blade height and cut on a bi-weekly schedule.
9. Inspect groundcovers and shrubs on a monthly basis for maintaining full ground
coverage.
10. Evaluate plant material on a monthly basis for pests, diseases, drought stress or general
decline. If required, follow the integrated pest management program established by the
Agency to ensure healthy plants.
11. Concrete pavers shall be inspected on a monthly basis for the aesthetic appearance and
safety conditions. Address any issues identified by repairing or replacing those specific
locations. To maintain the overall aesthetic appearance and safety of the concrete
pavers they shall be cleaned on a twice yearly basis to prevent mold, dirt, oil, and gum
build up. Joints and cracks in concrete, patterned concrete or asphalt, concrete pavers,
concrete curbs, expansion joints, catch basins, gutter areas, etc. shall be inspected on a
monthly basis to keep those areas free of weeds.
12. Inspect the irrigation system performance on a monthly basis to ensure the system is
providing 100% coverage, does not have sections of low pressure, heads and valves are
clean and clear of debris and any damaged irrigation components (i.e., spray nozzles,
spray heads, valve boxes, etc.) are repaired or replaced.
134
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
REFERENCES (4-27-20)
This reference list is provided as a courtesy. The list may not contain the most current websites. The most current
references must be accessed for up-to-date information.
Accessible Sidewalk (ADA) http://www.access-board.gov/guidelines-and-standards/streets-sidewalks
Americans with Disabilities Act (ADA) (ADAAG) http://www.ada.gov/2010ADAstandards_index.htm
American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations – Trees, Shrub, and
Other Woody Plant Maintenance – Standard Practices (Pruning), available for purchase
http://webstore.ansi.org
Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and
Standards for Nursery Plants 2015 http://www.freshfromflorida.com/Divisions-Offices/Plant-
Industry/Bureaus-and-Services/Bureau-of-Plant-and-Apiary-Inspection
Florida Department of Community Affairs (DCA), Florida Board of Building Codes & Standards, 2017
Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction Part A
http://www.floridabuilding.org/fbc/workgroups/Accessibility_Code_Workgroup/Documentation/CHAPT
ER_11_w_fla_specifics.htm
Florida Department of Transportation, Program Management, Maintenance Specifications Workbook
Supplemental Specifications, Section 580 Landscape Installation
http://www.fdot.gov/programmanagement/Maintenance/2019Jan/default.shtm
Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and
Utility Operations on the State Highway System, Index 580-001 Landscape Installation
http://www.fdot.gov/design/standardplans/current/IDx/580-001.pdf
Florida Department of Transportation, FDOT Design Manual for Design, Construction, Maintenance and
Utility Operations on the State Highway System, Chapter 212.11 Clear Sight Triangles
http://www.fdot.gov/roadway/FDM/current/2018FDM212Intersections.pdf
Florida Department of Transportation, FDOT Design Manual for Design, Construction, Maintenance and
Utility Operations on the State Highway System, Chapter 215.2.3 Clear Zone Criteria and 215.2.4 Lateral
Offset, Table 215.2.1 Clear Zone Width Requirements, Table 215.2.2 Lateral Offset Criteria (for Trees)
http://www.fdot.gov/roadway/FDM/current/2018FDM215RoadsideSafety.pdf
Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and
Utility Operations on the State Highway System, Index Series 102-600 Traffic Control through Work
Zones http://www.fdot.gov/design/standardplans/current/IDx/102-600.pdf
Department of Transportation, Landscape Architecture Website www.MyFloridaBeautiful.com
Florida Department of Transportation, Maintenance Rating Program Handbook
http://www.dot.state.fl.us/statemaintenanceoffice/MaintRatingProgram.shtm
Florida Department of Transportation Outdoor Advertising Database
http://www2.dot.state.fl.us/rightofway/
Florida Exotic Pest Plant Council Invasive Plant Lists http://www.fleppc.org/list/list.htm
Florida Irrigation Society http://www.fisstate.org
Florida Power and Light (FPL), Plant the Right Tree in the Right Place
http://www.fpl.com/residential/trees/right_tree_right_place.shtml
135
SECTION: 93010000
PERMIT: 2023-L-496-00003
COUNTY: Palm Beach
STATE RD: 5
S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON
BEACH\2023-L-496-00003\Broadstone MMOA.docx
EXHIBIT D
RESOLUTION
This Exhibit forms an integral part of the DISTRICT FOUR (4) HARDSCAPE
MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida,
Department of Transportation and the AGENCY.
Please see attached
(To be provided by City)
136
City of Boynton Beach
Agenda Item Request Form
6.D
Consent Agenda
02/20/2024
Meeting Date: 02/20/2024
Proposed Resolution No. R24-035- Approve and authorize the City Attorney to submit a
voting ballot to accept the Bankruptcy Plan and to appoint the Chairperson as special
proxy to vote in favor of the Scheme at the relevant Scheme Meeting and any
adjournment thereof in the matter of Endo International, PLC, et al., which will enable
the City to participate in the Public Opioid Trust.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-035.
Explanation of Request: The opioid epidemic is the single worst man-made public health
crisis of our time. Countless lives have been devastated by the opioid crisis, and the number
continues to grow. In 2021, the City of Boynton Beach, recognizing the devastation of the
opioid crisis, opted into the Opioid Class Action Litigation. One of the Defendants of that
litigation, Endo International, PLC, has filed Chapter 11 bankruptcy in the United States
Bankruptcy Court, Southern District of New York.
The City has recently received a Joint Ballot for Voting to Accept or Reject the Second
Amended Joint Chapter 11 Plan of Reorganization of Endo International, PLC and its Affiliated
Debtors and a Proxy for Voting on Scheme of Arrangement of Endo International, PLC.
Submitting a ballot does not affect the City's ability to participate in the State Opioid Abatement
program, including participating in such programs funded from the Public Opioid Trust, to the
extent applicable to Local Governments. Only holders of Class 6(A) State Opioid Claims that
vote in favor of the Plan will be able to participate in the Public Opioid Trust.
The deadline is February 22, 2024 at 4:00 P.M. for the City to file a ballot to accept or reject
the Plan and to appoint the Chairperson as special proxy to vote in favor of the Scheme at the
relevant Scheme Meeting and any adjournment thereof.
The City Attorney is seeking authorization to file a ballot to accept the Plan, which will allow the
City to participate in the Public Opioid Trust.
How will this affect city programs or services? NA
Fiscal Impact: There is no impact to the budget for this item.
Attachments:
Resolution No. R24-035- Approve Voting Ballot to accept Plan Endo Bankruptcy.docx
137
C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@EC0AF6B9\@BCL@EC0AF6B9.Docx
RESOLUTION NO. R24-0351
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 2
AND AUTHORIZING THE CITY ATTORNEY TO SUBMIT A VOTING BALLOT 3
TO ACCEPT THE BANKRUPTCY PLAN AND TO APPOINT THE 4
CHAIRPERSON AS SPECIAL PROXY TO VOTE IN FAVOR OF THE SCHEME 5
AT THE RELEVANT SCHEME MEETING AND ANY ADJOURNMENT 6
THEREOF IN THE MATTER OF ENDO INTERNATIONAL, PLC, ET AL., WHICH 7
WILL ENABLE THE CITY TO PARTICIPATE IN THE PUBLIC OPIOID TRUST; 8
AND PROVIDING AN EFFECTIVE DATE.9
WHEREAS,the opioid epidemic is the single worst man-made public health crisis of 10
our time, with countless lives having been devastated by the opioid crisis, and the number 11
continues to grow; and12
WHEREAS, in 2021, the City of Boynton Beach, recognizing the devastation of the 13
opioid crisis, opted into the Opioid Class Action Litigation; and14
WHEREAS,one of the Defendants of that litigation, Endo International, PLC, has filed 15
Chapter 11 Bankruptcy in the United States Bankruptcy Court, Southern District of New York; 16
and17
WHEREAS,the City has recently received a Joint Ballot for Voting to Accept or Reject 18
the Second Amended Joint Chapter 11 Plan of Reorganization of Endo International, PLC, and 19
its Affiliated Debtors and a Proxy for Voting on the Scheme of Arrangement of Endo 20
International, PLC; and21
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 22
recommendation of staff, deems it to be in the best interests of the City residents to approve 23
and authorize the City Attorney to submit a voting ballot to accept the Plan and to appoint the 24
Chairperson as special proxy to vote in favor of the Scheme at the relevant Scheme Meeting 25
and any adjournment thereof in the matter of Endo International, PLC, et al., which will enable 26
the City to participate in the Public Opioid Trust.27
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28
BOYNTON BEACH, FLORIDA, THAT: 29
138
C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@EC0AF6B9\@BCL@EC0AF6B9.Docx
Section 1.Each Whereas clause set forth above is true and correct and 30
incorporated herein by this reference.31
Section 2.The City Commission of the City of Boynton Beach, Florida, does hereby 32
approve and authorize the City Attorney to submit a voting ballot to accept the Plan and to 33
appoint the Chairperson as special proxy to vote in favor of the Scheme at the relevant Scheme 34
Meeting and any adjournment thereof in the matter of Endo International, PLC, et al., which 35
will enable the City to participate in the Public Opioid Trust.36
Section 3.That this Resolution shall become effective immediately upon passage. 37
PASSED AND ADOPTED this 20th day of February, 2024.38
CITY OF BOYNTON BEACH, FLORIDA39
YES NO40
41
Mayor – Ty Penserga __________42
43
Vice Mayor – Thomas Turkin __________44
45
Commissioner – Angela Cruz __________46
47
Commissioner – Woodrow L. Hay __________48
49
Commissioner – Aimee Kelley __________50
51
VOTE ______52
ATTEST:53
54
___________________________________________________________55
Maylee De Jesús, MPA, MMC Ty Penserga56
City Clerk Mayor57
58
APPROVED AS TO FORM:59
(Corporate Seal)60
61
_______________________________62
Shawna G. Lamb63
City Attorney64
139
City of Boynton Beach
Agenda Item Request Form
6.E
Consent Agenda
02/20/2024
Meeting Date: 02/20/2024
Proposed Resolution No. R24-036- Approve and authorize the Mayor to sign the
Agreement to Terminate the Economic Development Planning Interlocal Agreement
between the CRA and the City for Partial Funding of Economic Development Plan
Performed by Florida International University.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-036.
Explanation of Request: On September 14, 2021, the City of Boynton Beach executed an
agreement with Florida International University (FIU) to develop an Economic Development
Plan for the City of Boynton Beach. The City requested assistance funding a portion of the
$75,000 Economic Development Plan. Pursuant to the Interlocal Agreement (ILA), the CRA's
contribution would be an amount not to exceed $25,000.
A component of the Plan involved providing specific economic development information within
the CRA area, including a CRA Business Survey and Entrepreneurial Ecosystem. On
December 19, 2023, the City sent an email to CRA staff stating the CRA scope of work was
not included in the final report and that the City would not seek reimbursement. Therefore, the
City is requesting to terminate the ILA.
Fiscal Impact: There is no fiscal impact to the budget for this item.
Attachments:
Resolution No. R24-036- Approve Agreement to Terminate the Economic Development
Planning ILA.docx
Agreement to Terminate Economic Development Planning ILA
ILA Economic Development Plan
Professional Services Agmt for Economic Development Plan
140
C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@F40AC425\@BCL@F40AC425.Docx
RESOLUTION NO. R24-0361
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 2
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 3
AGREEMENT TO TERMINATE THE ECONOMIC DEVELOPMENT 4
PLANNING INTERLOCAL AGREEMENT BETWEEN THE CRA AND THE 5
CITY FOR PARTIAL FUNDING OF ECONOMIC DEVELOPMENT PLAN 6
PERFORMED BY FLORIDA INTERNATIONAL UNIVERSITY; AND 7
PROVIDING AN EFFECTIVE DATE.8
WHEREAS,on September 14, 2021, the City of Boynton Beach executed an agreement 9
with Florida International University (FIU) to develop an Economic Development Plan for the 10
City of Boynton Beach; and11
WHEREAS, the City requested assistance from the CRA in funding a portion of the 12
$75,000 Economic Development Plan; and13
WHEREAS,a component of the Plan involved providing specific economic 14
development information within the CRA area, including a CRA Business Survey and 15
Entrepreneurial Ecosystem; however, on December 19, 2023, the City sent an email to CRA staff 16
stating the CRA scope of work was not included in the final report and that the City would not 17
seek reimbursement; and18
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 19
recommendation of staff, deems it to be in the best interests of the City residents to approve 20
and authorize the Mayor to sign the Agreement to Terminate the Economic Development 21
Planning Interlocal Agreement between the CRA and the City for Partial Funding of Economic 22
Development Plan Performed by Florida International University.23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24
BOYNTON BEACH, FLORIDA, THAT: 25
Section 1.Each Whereas clause set forth above is true and correct and 26
incorporated herein by this reference.27
Section 2.The City Commission of the City of Boynton Beach, Florida, does hereby 28
approve and authorize the Mayor to sign the Agreement to Terminate the Economic 29
Development Planning Interlocal Agreement between the CRA and the City for Partial Funding 30
141
C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@F40AC425\@BCL@F40AC425.Docx
of Economic Development Plan Performed by Florida International University. A copy of the31
Agreement to Terminate is attached hereto and incorporated herein as Exhibit “A.”32
Section 3.That this Resolution shall become effective immediately upon passage. 33
PASSED AND ADOPTED this 20th day of February 2024.34
CITY OF BOYNTON BEACH, FLORIDA35
YES NO36
37
Mayor – Ty Penserga __________38
39
Vice Mayor – Thomas Turkin __________40
41
Commissioner – Angela Cruz __________42
43
Commissioner – Woodrow L. Hay __________44
45
Commissioner – Aimee Kelley __________46
47
VOTE ______48
ATTEST:49
50
___________________________________________________________51
Maylee De Jesús, MPA, MMC Ty Penserga52
City Clerk Mayor53
54
APPROVED AS TO FORM:55
(Corporate Seal)56
57
_______________________________58
Shawna G. Lamb59
City Attorney60
142
4890-6441-9227, v. 1
AGREEMENT TO TERMINATE ECONOMIC DEVELOPMENT PLANNING INTERLOCAL
AGREEMENT
This Agreement to Terminate Economic Development Planning Interlocal Agreement
(“Termination Agreement”) is hereby entered into between the City of Boynton Beach, Florida
(“City”) and the Boynton Beach Community Redevelopment Agreement (“CRA”).
WHEREAS, on January 27, 2022, the City and CRA entered into the Interlocal Agreement
between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency
regarding Economic Development Planning with Florida International University (“ILA”), a copy
of which is attached hereto as Exhibit A and hereby incorporated herein as if fully set forth; and
WHEREAS, the purpose of the ILA was to establish a mechanism for the CRA to reimburse
the City for certain portions of economic development planning services, which services were to
be provided to the City by Florida International University (the “Scope of Services”); and
WHEREAS, the Scope of Services called for the creation of anEconomic Development Plan
(“the Plan”); and
WHEREAS, pursuant to Section 2.1 of the ILA the Plan was expected contain a section
dedicated to the CRA and contain a summary of findings applicable to the CRA or the CRA area;
and
WHEREAS, pursuant to the ILA, the City was also required to provide the CRA with an
opportunity to review and comment on the Plan before it was finalized; and
WHEREAS, in return, the CRA agreed to provide the City with funding for reimbursement
of the aforementioned Scope of Services and the Plan; and
WHEREAS, the Plan has been completed and fully paid for by the City; and
WHEREAS, on December 19, 2022, the City advised the CRA that thePlandoes not contain
the sections dedicated to the CRA as required by the ILA; and
WHEREAS, the City further advised that it is not seeking reimbursement from the CRA
pursuant to the ILA;
NOW THEREFORE, in having mutually agreed that the consideration in the ILA was not
provided as intended and for the good and valuable consideration of maintaining a positive
working relationship between the City and CRA, the City and the CRA hereby agree as follows:
1.Recitations. The recitations above are hereby incorporated herein as if fully set forth.
2.Termination.The parties hereby agree that effective immediately upon approval of this
Termination Agreement by the City and CRA, the ILA shall immediately terminate and the
parties shall have no further obligations under the ILA except for those obligations that
survive termination pursuant to the terms of ILA.
143
4890-6441-9227, v. 1
3.Effective Date. This Termination Agreement will become effective at the date and time
that the last party signs this Termination Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Termination Agreement to
be executed on the day and year written below.
Boynton Beach Community Redevelopment Agency
ATTEST:_________________________By: _________________________________
Print Name:__________________________
Title:_______________________________
Date: ______________________________
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:________________________
CRA Attorney
City of Boynton Beach, Florida
ATTEST:_________________________By: _________________________________
Print Name: __________________________
Title: ________________________________
Date:_________________________________
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:________________________
City Attorney
144
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH
AND
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(Economic Development Planning with Florida International University)
THIS AGRENIENT ("Agreement" or "Interlocal Agreement"), is made and
entered into 027'-fet d - , 2021 by and between the City of
Boynton Beach, a Floridati municipalicorporation (hereinafter "Boynton Beach"),
and the Boynton Beach Community Redevelopment Agency, a public agency
duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter
"CRA") collectively referred to as the "Parties" or individually referred to as a
"Party".
WITNESSETH:
WHEREAS, the Parties are authorized pursuant to the Florida Interlocal
Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes
(hereinafter the "Act") to make efficient use of their respective powers, resources,
authority and capabilities by enabling them to cooperate on the basis of mutual
advantage and thereby provide the facilities and efforts identified herein in the
manner that will best utilize existing resources, powers and authority available to
each of them; and
WHEREAS, it is the purpose of the Act to provide a means by which the
Parties may exercise their respective powers, privileges and authority which they
may separately, but which pursuant to this Interlocal Agreement and the Act they
may exercise collectively; and
WHEREAS, pursuant to Section 287.055, Florida Statutes, Boynton
Beach solicited proposals for a non-exclusive contract to perform professional
planning services, and
WHEREAS, Boynton Beach issued a REQUEST FOR PROPOSALS FOR
ECONOMIC DEVELOPMENT PLAN, RFP No. 021-2419-21 ("Request for
Proposals"); and
WHEREAS, Boynton Beach determined that The Florida International
University Board of Trustees on behalf of its Metropolitan Center ("FIU") was
qualified for appointment to perform the scope of services set forth in Request for
Proposals; and
WHEREAS, the Boynton Beach City Commission on August 3, 2021,
determined that FIU was qualified for appointment to perform the scope of
services set forth in the Request for Proposals, and Boynton Beach and FIU
entered into an Agreement for the scope of services set forth in the Request of
01580315-1
145
Proposals on September 14, 2021; and
WHEREAS, the CRA finds that the City's Economic Development Plan will
further the CRA's Community Redevelopment Plan by providing valuable
information that will help guide CRA policies and programs, and is in the best
interest of residents and business owners within the Community Redevelopment
Area; and
WHEREAS, the Parties agree to enter this Interlocal Agreement for the
CRA to provide funding to Boynton Beach for The Florida International University
Board of Trustees on behalf of its Metropolitan Center ("FIU") to provide the
services as set forth in Exhibit "A", attached hereto and incorporated herein; and
NOW, THEREFORE, in consideration of the mutual understandings and
commitments set forth below, the Parties agree as follows:
Section 1. STATEMENT OF PURPOSE
The purpose of this Interlocal Agreement is to establish an agreement
between the Parties in order for the CRA to provide funding to Boynton Beach for
FIU to provide the services set forth in Exhibit "A", attached hereto and
incorporated herein ("Scope of Services").
Section 2. OBLIGATIONS OF THE PARTIES
2.1 The City shall provide the CRA an opportunity to review and
comment on the Economic Development Plan before such plan is
finalized. The City shall request of FIU that the Economic
Development Plan contain a summary describing the portion of the
Economic Development Plan applicable to the CRA Area and a
summary of any findings applicable to the CRA or CRA Area.
2.2 The CRA shall provide Boynton Beach funds in an amount
not to exceed $25,000.00 ("CRA Funds") for FIU to provide the
Scope of Services, which funds shall not be used for purposes
prohibited by §163.370(3), Florida Statutes. Upon receipt of a
complete, written request from the City meeting the requirements of
this paragraph, the CRA shall make payments to the City on a
quarterly basis for reimbursement of the Scope of Services for the
Economic Development Plan. The CRA shall remit payment to the
City within thirty (30) days of receipt of a complete request from the
City.
2.2 In order to receive reimbursement funding from the CRA, the
City shall submit a written request to the City. In order to be
deemed complete, the written request from the City for payment
01580315-1
146
must include copies of receipts and invoices from FIU indicating the
amount, and a written report to the CRA documenting the status of
the Economic Development Plan. The City shall submit a statement
as part of the written request that explains how the Economic
Development Plan examines or will examine the CRA Area and
how the findings in the Economic Development Plan pertain to the
CRA or CRA area, in a manner sufficient to justify the use of CRA
funds for the Economic Development Plan. Upon request from the
CRA or an authorized agent of the CRA, including the Executive
Director and the CRA Attorney, the City shall provide all documents
reasonably requested by the CRA or CRA's agent concerning
compliance with this Agreement, specifically including any
documentation concerning compliance with §163.370(3), Florida
Statutes.
2.2 The Parties agree that this Agreement only obligates the
CRA to provide reimbursement under the terms provided for in this
Agreement and the CRA is not otherwise responsible for
effectuating the Scope of Services. The CRA will not reimburse the
City for any portion of the request the CRA deems ineligible for
reimbursement. The CRA shall not have an obligation to provide
additional funding beyond the dollar amount set forth in this
Agreement. Additionally, the CRA shall not be required to
reimburse the City for any requests submitted after the Termination
Date.
Section 3. PUBLIC RECORDS
The Parties are public agencies subject to Chapter 119, Fla. Stat. The
Parties shall comply with all public records laws in accordance with Chapter 119,
Fla. Stat. The City and the CRA each shall maintain their own records and
documents associated with this Agreement in accordance with the requirements
set forth in Chapter 119, Florida Statutes. All such records shall be adequate to
justify all charges, expenses, and costs incurred in accordance with generally
accepted accounting principles. Each Party shall have access to the other
Party's books, records and documents as required in this Agreement for the
purpose of inspection or audit during normal business hours during the term of
this Agreement and at least 1 year after the termination of the Agreement.
Section 4. REMEDIES
Both Parties shall have any and all remedies as permitted by law;
however, the CRA's liability to the City shall be limited to the dollar amount set
forth in paragraph 2.1. The Parties agree, however, to provide for positive
dialogue and communications if disputes or disagreements arise as to the
application or interpretation of the Interlocal Agreement provisions.
015803151
147
Section 5. EFFECTIVE DATE, DURATION AND TERMINATION
5.1 This Interlocal Agreement shall become effective upon being
executed by both Parties and shall automatically terminate upon
completion of the Scope of Services and the obligations set forth in
Section 2 above.
5.2 The term of the Agreement may be extended one time for a
period of one year and may only be extended upon approval by the
CRA Board and upon the appropriation of CRA funds for intended
purposes of this Agreement in the subsequent fiscal year's budget.
Such extension is only effective upon the written execution of a
written amendment signed by both Parties. Nothing in this
Paragraph shall be construed so as to affect a Party's right to
terminate this Agreement in accordance with other provisions in this
Agreement.
Section 6. GOVERNING LAW/ VENUE / WAIVER OF JURY TRIAL
This Agreement shall be governed by the laws of the State of Florida. Any legal
action to enforce the Agreement will be filed in Palm Beach County. In any
litigation brought to enforce the terms of this Interlocal Agreement, the Parties
shall bear their own costs and attorney's fees incurred in connection therewith.
BY ENTERING INTO THIS AGREEMENT, THE PARTIES EXPRESSLY WAIVE
ANY RIGHT THE PARTIES MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION OR ANY CLAIM RELATED TO THIS AGREEMENT.
Section 7. LIABILITY AND INDEMNITY
7.1. Each Party shall be liable for its own actions and negligence
and, to the extent permitted by law, the Parties and their respective
officers and employees shall not be deemed to assume any liability
for the acts, omissions and negligence of the other. Nothing herein
shall constitute, or be construed as, a waiver of sovereign immunity
beyond the limits set forth in Florida Statute, Section 768.28, or of
any defense available to the Parties as set forth in Florida Statutes,
Section 768.28 or any other provisions of Florida law.
7.2 This section shall survive the termination or expiration of this
Agreement.
Section 8. AMENDMENT OF THIS AGREEMENT
Amendments to this Interlocal Agreement shall be made by written
consent of both Parties.
01580315-1
148
Section 9. SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this
Interlocal Agreement, or the occurrence of any event rendering any portion or
provision of this Agreement void or voidable, shall in no way affect the validity or
enforceability of any other portion or provision of the Interlocal Agreement. Any
void or voidable provision shall be deemed severed from the Interlocal
Agreement and the balance of the Interlocal Agreement shall be construed and
enforced as if the Interlocal Agreement did not contain the particular portion or
provision held to be void. The Parties further agree to reform the Interlocal
Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision. The provisions of this
section shall not prevent the entire Interlocal Agreement from being held void
should a provision which is of the essence of the Interlocal Agreement be
determined to be void by a court of competent jurisdiction.
Section 10. NOTICES
10.1 Any notice given pursuant to the terms of this Agreement
shall be in writing and done by Email or Certified Mail, Return
Receipt Requested. The effective date of such notice shall be the
date of receipt, as evidenced by the Email or Return Receipt. Any
notice sent by Email must also be sent the same day by Certified
Mail, Return Receipt Requested. All notices shall be addressed to
the following:
As to Boynton Beach:
As to CRA:
Copy to:
Attn: City Manager
City of Boynton Beach
100 East Ocean Avenue
Boynton Beach, FL 33425
Attn: Thuy Shutt, Executive
Director
Boynton Beach CRA
100 East Ocean Avenue
4th Floor
Boynton Beach, FL 33435
ShuttT bbfl.us
Tara W. Duhy
Lewis, Longman & Walker, PA
360 S. Rosemary Avenue
Suite 1100
West Palm Beach, FL 33401
149
10.2 Notices shall be effective when delivered to the address
specified above. Changes in the respective addresses to which
such notice may be directed may be made from time to time by any
Party by written notice to the other Party. Email is acceptable notice
effective when received, however, emails received after 5:00 p.m. or
on weekends or holidays, will be deemed received on the next
business day. The original of any notice sent by Email must
additionally be mailed as required herein.
Section 11: FILING
The City shall file a copy of this Agreement with the Clerk of the Circuit
Court in and for Palm Beach County.
Section 12: FORCE MAJEURE
Any Party delayed by a Force Majeure Event, as defined herein, in
performing under this Interlocal Agreement shall use reasonable efforts to
remedy the cause or causes of such Force Majeure Event. A delay due to a
Force Majeure Event shall serve to toll the time to perform under this Agreement.
"Force Majeure Event" shall mean any act of God, fire, flood, earthquake,
pandemic, explosion, hurricane, riot, sabotage, terrorist attack, windstorm, failure
of utility service, labor dispute, or any other occurrence not reasonably within the
control of the party.
Section 13: CONSTRUCTION
No Party shall be considered the author of this Interlocal Agreement since
the Parties hereto have participated in negotiations and drafting and redrafting of
this document to arrive at a final agreement. Thus, the terms of this Agreement
shall not be strictly construed against one Party as opposed to the other Party
based upon who drafted it.
Section 14: NO THIRD PARTY BENEFICIARY
No provision of this Interlocal Agreement is intended to, or shall be
construed to, create any third party beneficiary or to provide any rights to any
person or entity not a party to this Agreement, including but not limited to any
citizen or employees of any Party.
Section 15: NON-DISCRIMINATION
The Parties shall not discriminate on the basis of race, color, sex, religion,
national origin, disability, age, marital status, political affiliation, sexual
orientation, or gender identity and expression in the performance of this
Agreement.
01580315-1
150
Section 16: ASSIGNMENT
The Parties may not assign this Agreement in whole or in part, without prior
written consent of the other, which may be granted or withheld at the such
Parties' absolute discretion.
Section 17: COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, but all of which, taken together, shall constitute one
and the same agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the date and year first written above.
ATTEST:
By: %fe/-v 4i,,,,
CITY .F,
By:
APPROVED AS TO AND
LEGAL S FICI CY
B
Name: Steven B. Grant
Title: Mayor
BOYNTON EACH COMMUNITY
REDEVE E
By:
ity
ATTEST:
By: 0.
Attor
me: Steven B. ant
Title: Chair
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: ilz4z t *71'
eneral Counsel
01580315-1
151
152
153
154
155
156
157
158
159
160
161
162
163
City of Boynton Beach
Agenda Item Request Form
6.F
Consent Agenda
02/20/2024
Meeting Date: 02/20/2024
Budget Status Report for FY2023 thru September 2023 (unaudited).
Requested Action: Accept the Fiscal Year 2022-2023 Budget Status Report of the General
Fund and the Utilities Fund for the twelve-month period ended September 30, 2023,
unaudited.
Explanation of Request:
This report summarizes the adopted funding sources and expenditure budgets for the City’s
General Fund and Utility Fund thru period twelve ended September 30, 2023 (100% of the
fiscal year - unaudited). The analysis compares:
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
How will this affect city programs or services? The annual budget is what provides and
controls the resources for City programs and services.
Fiscal Impact:
The FY2022-23 annual budget and results to date for the General Fund and Utility Fund.
GENERAL FUND
The attached Analysis of the General Fund reflects revenue in excess of expenditures (dollars
in thousand) yielding a $1.5M surplus for the period ending September 30, 2023.
Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other
revenues provide funding sources of $90M or 80.9% of our total $111.3M General Fund
budget for FY 2022-23. Transfers from other funds (non-revenues) provide $21.3M or 19% of
the total funding sources.
164
These three major estimated funding sources are summarized as follows:
1. 44.3% - $ 49.3M – Property taxes less Tax Increment Financing to the CRA
2. 36.6% - $ 40.7M – All other revenues plus General Fund Balance
3. 19.1% - $ 21.3M – Transfers from other funds
100.0% - $111.3M – Total funding sources
The property tax rate for FY 2022-23 is 7.8500 mills a slight reduction from the prior year rate
of 7.8900 mills and yielding net property taxes of $49.3M, which is a 14.59% increase or
$6.2M over FY 2021-22.
Actual Funding Sources Realized: At the end of the twelfth month in FY 2022-23, revenues
and transfers realized are approximately $116.7M or 105% of the budget compared to
$108.4M realized to date in FY 2021-22.
Ad Valorem Taxes, net of discounts and TIF taxes to the CRA , received to date was
$48.8M or 99% of $49.3M as compared to $42.8M or 100% of $43M for FY 2021-22.
Expenditures (Exhibit B)
Budgeted Expenditures: Appropriations increased approximately $6.3M or 5.97% from
$105M to $111.3M. The budget increase was due to mainly cost of wage increases and other
operational cost.
Actual Expenditures – General Fund expenditures are $115.1M, for the twelfth month period
ending September 30, which is 104% of the $111.3M adopted for FY 2022-23. The increases
are due to Police operational cost, various contractual obligations, and GASB (Subscription)
adjustments.
The year-to-date General Fund FY2022-23 spending levels, $115.1M of the $111.3M or 104%
expended, higher than the $104.4M, 99%, spent in FY2021-22.
UTILITY FUND
165
The FY 2022-23 annual expenditure budget of $56.7M represents a $1.9M increase over the
FY 2021-22 budget of $54.8M.
For the twelfth month period in FY 2022-23,
Utility Revenues realized are $54.7M (96%)
Utility Expenditures incurred are $54.5M (96%) of the appropriated budget.
This resulted in revenues in excess of expenditures, which yielded a surplus of approximately
$186K.
Expenditures (Exhibit D) – Utility Fund FY 2022-23 expenditures to date (September 30,
2023) are $54.5M or 96% of the annual appropriation of $56.7M as compared to expenditures
of $51.6M or 94% for the prior fiscal year.
Note: Review of the attached documents (tables/charts) will present various comparison of
revenues and expenditures thru September.
Attachments:
FY22-23 Budget Review - GF - thru Sept 23 Summarized - Rev.pdf
FY22-23 Budget Review - GF - thru Sept 23 Summarized - Exp.pdf
FY22-23 Budget Review - UF - thru Sept 23 Summarized - Rev.pdf
FY22-23 Budget Review - UF - thru Sept 23 Summarized - Exp.pdf
FY23 Analysis GF and UF Revenue and Expense.pdf
166
EXHIBIT A
%%
REALIZED REALIZED
AD VALOREM TAXES, net 61,282,091$ 60,791,629$ 99%52,968,382$ 52,737,358$ 100%
LESS TIF TAXES TO CRA (11,964,587) (11,941,022) 100%(9,930,598)(9,911,897) 100%
NET TAXES TO THE CITY 49,317,504 48,850,607 99%43,037,784 42,825,461 100%
LICENSES AND PERMITS
BUSINESS TAXES 1,730,300 1,595,185 92%1,775,200 1,553,542 88%
BUILDING PERMITS 215,000 213,125 *99%250,000 200,989 80%
FRANCHISE FEES 5,865,900 6,016,952 103%5,147,000 5,350,883 104%
OTHR LICENSES, FEES & PER 185,000 124,511 67%210,000 153,142 73%
FED-ECON ENVIRONMENT - 391,534 0%- - 0%
INTERGOVERNMENTAL REVENUES
OTHER FEDERAL REVENUE 50,000 294,673 589%50,000 36,309 73%
STATE SHARED REVENUES 12,015,456 12,884,023 107%11,994,285 12,240,433 102%
SHRD REV FROM OTHR LCL 300,000 840,059 280%300,000 268,321 89%
CHARGES FOR SERVICES
PYMTS IN LIEU OF TAXES 195,500 195,763 100%190,500 186,149 98%
CHRGS-GENERAL GOVT 685,000 983,768 144%617,000 919,444 149%
PUBLIC SAFETY 8,851,200 8,028,269 91%7,217,526 9,683,020 134%
PHYSICAL ENVIRONMENT 15,000 23,625 158%15,000 13,575 91%
CULTURE/RECREATION 732,500 578,812 79%837,500 647,087 77%
INTEREST & MISC REVENUE
LIBRARY FINES 12,800 9,386 73%5,000 10,795 216%
VIOLATIONS LOCAL ORD.495,000 370,637 75%495,000 439,485 89%
INTEREST EARNINGS 142,000 1,099,827 775%192,000 145,195 76%
RENTS AND ROYALTIES 467,800 537,013 115%442,800 710,641 160%
SPECIAL ASSESSMENTS 6,881,000 7,010,564 102%6,784,000 6,955,523 103%
SALE OF SURPLUS MATERIAL 3,000 4,795 160%3,000 2,155 72%
CONTRIBUTIONS - - 0%- 9,195 0%
SUBSCRIPTIONS - 2,774,237 0%- - 0%
OTHER MISC. REVENUE 4,455,000 5,085,261 114%4,385,000 5,052,151 115%
INTERNAL FUND TRANSFERS
TRANSFERS 21,346,000 21,500,420 101%21,649,500 21,649,500 100%
FUND BALANCE APPROPRIATED (2,683,037) (2,683,037) 100%(589,057) (589,057) 100%
Total Revenues 111,277,923$ 116,730,009$ 105%105,009,038$ 108,463,938 103%
* actual building revenue will be reclass to the Building Fund.
CITY OF BOYNTON BEACH, FLORIDA
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended September 30, 2023 (100% of Fiscal Year 2023) - Unaudited
GENERAL FUND ANALYSIS
REVENUE
REALIZED
REVENUE
REALIZED
REVENUES
ACCOUNTS
FY 2021-22 TO DATEFY 2022-23 TO DATEFY 2022-23
BUDGET
APPROVED
FY 2021-22
BUDGET
APPROVED
$5,295 $9,462 $52,528 $59,413 $68,918 $74,450 $81,274 $86,405 $91,492 $96,857 $102,066 $108,464 $3,133 $26,639 $59,377 $64,959 $70,728 $77,200 $89,821 $95,378 $101,151 $106,297 $111,127 $116,730 $111,278
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
$110,000
$120,000
$130,000
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Cumulative 2021-22 Actual Cumulative 2022-23 Actual 2022-23 Budget
Two Year Cumulative Revenue Comparison and
CFY Budget - ($ in thousands)
S:\Finance\Financial Reports\Quarterly Financial Reports\FY2223\Sept\FY22-23 Budget Review - GF - thru Sept 23 Summarized001 Revenue Summary 2/12/2024
167
EXHIBIT B
%%
EXPENDED EXPENDED
GENERAL GOVERNMENT
CITY COMMISSION 371,109$ 371,276$ 100%316,229$ 326,122$ 103%
CITY MANAGER 908,031 905,748 100%1,008,988 996,817 99%
CITY HALL/GEN. ADMIN.4,242,896 4,504,973 106%3,658,479 3,403,692 93%
MARKETING 432,637 472,022 109%446,901 358,333 80%
SPECIAL EVENTS 631,094 639,803 101%649,265 554,087 85%
TOWN SQUARE 4,529,643 4,526,532 100%4,334,834 4,321,987 100%
PUBLIC AFFAIRS 302,890 282,052 0%0 0 0%
DEPT INTERNAL INVESTIGATN 700 627 90%0 0 #DIV/0!
CITY CLERK 800,156 844,652 106%848,126 818,047 96%
FINANCIAL SERVICES 1,730,861 1,801,748 104%1,667,679 1,639,888 98%
INNOVATION & TECH SOLUTNS 2,904,021 3,500,617 121%2,945,942 2,723,851 92%
HUMAN RESOURCES 1,385,675 1,371,184 99%1,087,664 953,591 88%
ADA & INCLUSION 149,377 135,698 91%231,799 105,027
CITY ATTORNEY 717,115 730,056 102%694,120 671,850 97%
PUBLIC SAFETY
UNIFORM SERVICES 20,222,401 20,260,529 100%20,014,025 19,760,233 99%
OFFICE OF THE CHIEF 5,259,766 5,725,081 109%5,419,926 5,584,789 103%
SUPPORT SERVICES 15,472,399 17,444,555 113%13,600,516 13,260,688 98%
FIRE 31,897,129 32,482,775 102%29,151,650 29,045,874 100%
COMMUNITY STANDARDS 0 0 0 (1,196)0%
EMERGENCY MANAGEMENT 36,524 20,674 57%33,437 11,122 33%
BUILDING & DEVELOPMENT
DEVELOPMENT 416,374 418,987 101%376,201 349,101 93%
BUILDING 4,100 4,573 0 0 0%
COMMUNITY STANDARDS 1,442,133 1,456,083 101%1,433,300 1,394,459 97%
ENGINEERING 795,926 802,271 101%590,398 557,265 94%
PLANNING & ZONING 767,118 849,425 111%902,422 877,343 97%
ECONOMIC DEVELOPMENT 453,217 307,285 68%567,831 484,187 85%
PUBLIC WORKS
PUBLIC WORKS ADMIN 207,903 210,131 101%156,063 153,519 98%
FACILITIES MANAGEMENT 2,288,377 2,278,703 100%2,393,047 2,277,818 95%
STREETS MAINTENANCE 1,676,494 1,674,155 100%1,452,019 1,427,964 98%
PARKING SERVICES 285,352 274,397 96%223,815 189,687 85%
LEISURE SERVICES
LIBRARY 2,467,390 2,479,801 101%2,536,739 2,517,951 99%
SCHOOLHOUSE MUSEUM SERV 254,241 227,804 90%298,474 292,451 98%
RECREATION 3,888,149 3,936,072 101%3,757,013 3,726,358 99%
ARTS & CULTURAL CENTER 0 3,657 0%0 0 0%
PARKS & GROUNDS 4,336,725 4,381,351 101%4,209,636 4,009,305 95%
CRA REIMBURSABLE & RESERVES - (152,628)- 1,597,584
Total Expenditures 111,277,923$ 115,172,669$ 104%105,006,538$ 104,389,794$ 99%
EXPENDITURES
ACCOUNTS
CITY OF BOYNTON BEACH, FLORIDA
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended September 30, 2023 (100% of Fiscal Year 2023) - Unaudited
GENERAL FUND ANALYSIS
EXPENDED
FY 2021-22
BUDGET
APPROVED
FY 2021-22 TO DATEFY 2022-23
BUDGET
APPROVED EXPENDED
FY 2022-23 TO DATE
$22,245 $28,821 $37,167 $44,771 $50,935 $57,334 $66,241 $74,118 $80,366 $86,556 $93,385 $104,389 $21,176 $28,230 $37,142 $45,309 $52,231 $61,520 $68,405 $75,285 $84,758 $91,678 $101,107 $115,173 $9,273
$111,278
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
$110,000
$120,000
$130,000
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Cumulative 2021-22 Actual Cumulative 2022-23 Actual 2022-23 Budget
Two Year Cumulative Expenditure Comparison and
CFY Budget - ($ in thousands)
S:\Finance\Financial Reports\Quarterly Financial Reports\FY2223\Sept\FY22-23 Budget Review - GF - thru Sept 23 Summarized001 Expenditure Summary 2/12/2024
168
EXHIBIT C
%%
REALIZED REALIZED
WATER SALES 25,427,969$ 23,359,890$ 92%24,200,000$ 23,314,138$ 96%
WATER CONNECTION FEE 100,000 11,825 12%125,000 41,955 34%
WATER SERVICE CHARGE 500,000 809,530 162%500,000 756,165 151%
WTR-BACKFLOW PREVNTR TEST 30,000 52,138 174%26,500 32,383 122%
RECLAIMED WATER SALES 449,375 589,697 131%500,000 652,437 130%
DISTRICT ENERGY PLANT 400,000 331,977 83%400,000 349,345 87%
WATER CANAL ASSESSMENT 11,440 7,273 - 10,198
SEWER SERVICE 20,897,847 19,808,583 95%20,150,000 19,802,396 98%
STORMWATER UTILITY FEE 5,924,997 5,848,126 99%5,600,000 5,853,160 105%
TELEVISE SEWER LINES 11,590 - 0%3,500 - 0%
FEES 34,460 - 0%13,700 2,782 20%
INTEREST INCOME 60,000 941,855 1570%60,000 22,836 38%
SALE OF SURPLUS MATERIAL 3,500 4,716 135%1,000 27,037 0%
GAIN LOSS ON INVEST - - 0%- 14 0%
OCEAN RGE UT TAX ADM CHG 900 1,158 129%800 7,272 909%
LAKE WORTH WATER SEWER 4,000 5,435 136%4,000 4,511 0%
LAKE IDA WATER QUALITY 14,500 14,048 97%- 18,498 0%
GRANTS - 43,858 0%- - 0%
MISCELLANEOUS INCOME 50,000 62,547 125%70,000 7,951 0%
NET ASSETS APPROPR 2,864,158 2,864,158 100%3,229,950 3,229,950 100%
TOTAL REVENUES 56,784,736$ 54,756,814$ 96%54,884,450$ 54,133,028$ 99%
FY 2022-23
ADOPTED
BUDGET @ MAR
ACCOUNTS
CITY OF BOYNTON BEACH, FLORIDA
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
UTILITY FUND ANALYSIS
REVENUES
FY 2022-23 TO DATE FY 2021-22
BUDGET
APPROVED
FY 2021-22 TO DATE
Fiscal Year Period Ended September 30, 2023 (100% of Fiscal Year 2023) - Unaudited
REVENUE
REALIZED
REVENUE
REALIZED
$4,185 $8,360 $12,702 $16,844 $21,055 $25,251 $29,524 $33,898 $38,135 $42,319 $46,675 $50,977 $4,396 $8,946 $13,421 $18,014 $22,489 $27,111 $31,697 $36,310 $40,874 $45,552 $50,029 $54,757 $56,785
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Cumulative 2021-22 Actual Cumulative 2022-23 Actual Budget 2022-23
Two Year Cumulative Revenues Comparison and CFY
Budget - ($ in thousands)
S:\Finance\Financial Reports\Quarterly Financial Reports\FY2223\Sept\FY22-23 Budget Review - UF - thru Sept 23 Summarized401 Rev Sum 169
EXHIBIT D
%%
EXPENDED EXPENDED
DISTRICT ENERGY PLANT 402,625$ 421,003$ 105%320,335$ 316,476$ 99%
WATER DISTRIBUTION 1,982,956 1,745,719$ 88%1,848,191 2,164,373$ 117%
PUBLIC WATER TREATMENT 7,571,503 7,139,033 94%7,048,588 6,748,241 96%
METER READING & SERVICES 1,432,893 1,346,417 94%1,282,456 1,248,522 97%
WASTEWATER COLLECTION 1,935,513 1,678,817 87%1,844,596 1,573,990 85%
WASTEWATER PUMPING STATNS 2,904,154 2,827,742 97%2,673,007 2,547,066 95%
SEWAGE TREATMENT 5,578,300 5,429,932 97%6,719,300 5,197,413 77%
WATER QUALITY 714,801 634,957 89%669,048 578,079 86%
UTILITY ADMINISTRATION 22,009,195 21,804,533 99%20,924,123 20,453,098 98%
UTILITES ENGINEERING 1,731,906 1,845,909 107%1,343,786 1,145,440 85%
STORMWATER MAINTENANCE 1,777,486 1,450,905 82%1,499,464 1,264,008 84%
CUSTOMER RELATIONS 1,089,933 915,364 84%1,058,085 859,289 81%
DEBT SERVICE*7,653,471 7,324,404 96%7,653,471 7,535,712 98%
LOCAL GRANTS - 6,035 0%- - 0%
Total Expenditures 56,784,736$ 54,570,770$ 96%54,884,450$ 51,631,707$ 94%
*adjusted to reflect Principal payments
FY 2021-22
BUDGET
APPROVED
FY 2021-22 TO DATE
EXPENDED
CITY OF BOYNTON BEACH, FLORIDA
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended September 30, 2023 (100% of Fiscal Year 2023) - Unaudited
EXPENDED
EXPENDITURES
ACCOUNTS
UTILITY FUND ANALYSIS
FY 2022-23
ADOPTED
BUDGET @ MAR
FY 2022-23 TO DATE
$4,855 $9,360 $12,551 $16,504 $19,140 $23,158 $27,520 $30,706 $33,996 $37,338 $40,815 $45,702 $5,207 $14,948 $18,795 $22,401 $26,374 $30,453 $33,888 $38,234 $41,841 $45,494 $49,667 $54,571 $56,785
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Cumulative 2021-22 Actual Cumulative 2022-23 Actual 2022-23 Budget
Two Year Cumulative Expenditures Comparison and
CFY Budget - ($ in thousands)
S:\Finance\Financial Reports\Quarterly Financial Reports\FY2223\Sept\FY22-23 Budget Review - UF - thru Sept 23 Summarized401 Exp Sum 170
FISCAL IMPACT: The FY2022-23 annual budget and results to date for the General Fund
and Utility Fund.
GENERAL FUND
Budget Actual
Amount % Amount %
%%
Revenues & Transfers 111,278$ 116,730$ 105% 105,009$ 108,464$ 103% 6.0% 7.6%
Expenditures (111,278)$ (115,173)$ 104% (105,009)$ (104,390)$ 99% 6.0% 10.3%
Excess (Deficit) -$ 1,557$ -$ 4,074$
FY 2023 vs. 2022
Actual to Date
FY 2022-23
Annual
Budget
FY 2021-22
Annual
Budget
Actual to Date
The General Fund chart above reflects revenue in excess of expenditures (dollars in
thousand) yielding a $1.5M surplus for the period ending September 30, 2023.
Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and
other revenues provide funding sources of $90.0M or 80.9% of our total $111.3M General
Fund budget for FY 2022-23. Transfers from other funds (non-revenues) provide $21.3M
or 19% of the total funding sources.
These three major estimated funding sources are summarized as follows:
1. 44.3% - $ 49.3M – Property taxes less Tax Increment Financing to the CRA
2. 36.6% - $ 40.7M – All other revenues plus General Fund Balance
3. 19.1% - $ 21.3M – Transfers from other funds
100.0% - $111.3M – Total funding sources
The property tax rate for FY 2022-23 is 7.8500 mills a slight reduction from the prior year
rate of 7.8900 mills and yielding net property taxes of $49.3M, which is a 14.59% increase
or $6.2M over FY 2021-22.
Funding Sources Realized: At the end of the twelfth month in FY 2022-23, revenues
and transfers (plus budgeted fund balance adjustment) realized are approximately
$116.7M or 105% of the budget compared to $108.4M realized to date in FY 2021-22.
The chart below presents the various categories of revenues received to date in the
General Fund.
AD VALOREM
TAXES, net,
$48,850,607 , 42%
LICENSES AND PERMITS,
$8,341,307 , 7%
INTERGOVERNMENTAL
REVENUES, $14,018,755 , 12%
CHARGES FOR SERVICES,
$9,810,237 , 8%
INTEREST & MISC REVENUE,
$16,891,720 , 15%
INTERNAL FUND TRANSFERS,
$18,817,383 , 16%
FY 2022/23 GENERAL FUND OPERATING REVENUES
(thru September 30, 2023)
AD VALOREM TAXES, net
LICENSES AND PERMITS
INTERGOVERNMENTAL REVENUES
CHARGES FOR SERVICES
INTEREST & MISC REVENUE
INTERNAL FUND TRANSFERS
171
Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was
$48.8M or 99% of $49.3M as compared to $42.8M or 100% of $43M for FY 2021-22. as
noted on Exhibit A.
Expenditures (Exhibit B)
Budgeted Expenditures: Appropriations increased approximately $6.3M or 5.97% from
$105M to $111.3M. The budget increase was due to mainly cost of wage increases and
other operational cost.
Actual Expenditures – General Fund expenditures are $115.1M, for the twelfth month
period ending September 30, which is 104% of the $111.3M adopted for FY 2022-23.
The increases are due to Police operational cost, various contractual obligations, and
GASB (Subscription) adjustments.
GENERAL
GOVERNMENT,
$20,086,988 , 17%
PUBLIC SAFETY,
$75,933,614 , 66%
BUILDING &
DEVELOPMENT,
$3,838,624 , 3%
PUBLIC WORKS,
$4,437,386 , 4%
LEISURE SERVICES,
$10,876,057 , 10%
FY 2022/23 GENERAL FUND OPERATING EXPENDIUTRES
(thru September 30, 2023)
GENERAL GOVERNMENT
PUBLIC SAFETY
BUILDING & DEVELOPMENT
PUBLIC WORKS
LEISURE SERVICES
The table at the top of Exhibit B shows year-to-date FY2022-23 spending levels, $115.1M
of the $111.3M or 104% expended, more than the $104.4M spent in FY2021-22.
3,133,28823,506,14132,737,9405,581,3195,769,6416,471,62612,621,0765,556,6635,773,0295,146,5474,829,6295,603,11121,175,8567,054,1908,911,5328,167,7846,921,3009,289,3696,885,2026,879,3309,473,3726,920,2269,428,56114,065,945$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP
Boynton Beach General Fund
Monthly Comparison of Revenues & Expenditures
from October 2022 to September 2023
Revenue
Expenditures
172
UTILITY FUND
The FY 2022-23 annual expenditure budget of $56.7M represents a $1.9M or 3.46%
increase over the FY 2021-22 budget of $54.8M, see Exhibit C.
Budget Actual
Amount %Amount %%%
Revenues & Transfers 56,784$ 54,757$ 96% 54,884$ 54,133$ 99% 3.5% 1.2%
Expenditures (56,784)$ (54,571)$ 96% (54,884)$ (51,632)$ 94% 3.5% 5.7%
Excess (Deficit) -$ 186$ -$ 2,501$
FY 2022 vs. 2021
Actual to Date
FY 2021-22
Annual
Budget
FY 2020-21
Annual
Budget
Actual to Date
For the twelfth month period in FY 2022-23,
Utility Revenues realized are $54.7M (96%), see chart below.
Utility Expenditures incurred are $54.5M (96%) of the appropriated budget.
This resulted in revenues in excess of expenditures, which yielded a surplus of
approximately $186K.
WATER SALES,
$25,162,330, 46%
SEWER SERVICE,
$19,808,583, 36%
STORMWATER
UTILITY FEE,
$5,848,126, 11%
INTEREST & MISC,
$1,073,617, 2%
FUND BALANCE,
$2,864,158, 5%
FY 2022/23 UTILITY OPERATING REVENUES
(thru September 30, 2023)
WATER SALES
SEWER SERVICE
STORMWATER UTILITY FEE
INTEREST & MISC
FUND BALANCE
Expenditures (Exhibit D) – Utility Fund FY 2022-23 expenditures to date (September 30,
2023) are $54.5M or 96% of the annual appropriation of $56.7M as compared to
expenditures of $51.6M or 94% for the prior fiscal year. The comparison of revenues and
expenditures thru September is presented in the chart below. Debt payment is reflected in
the month of November.
4,395,7394,550,5434,474,6594,592,9154,475,3314,621,7804,586,3894,612,9154,563,5774,678,3234,476,9954,727,6475,206,6959,741,6303,846,3343,606,3533,973,0504,078,8333,435,2514,345,6823,606,8833,653,7164,173,0534,903,291$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP
Boynton Beach Utility Fund
Monthly Comparison of Revenues & Expenditures
from October 2022 to September 2023
Revenue
Expenditures
173
City of Boynton Beach
Agenda Item Request Form
6.G
Consent Agenda
02/20/2024
Meeting Date: 02/20/2024
Approval of purchases for over $10,000 for November and December 2023.
Requested Action: Accept the written report to the Commission for purchases over $10,000
for the months of November and December 2023.
Explanation of Request: Pursuant to Ordinance No.01-66, Chapter 2, Section 2-56.1
Exceptions to competitive bidding, Paragraph b, which states: Further, the City Manager, or
designee is authorized to execute a purchase order on behalf of the City for such purchases
under the $49,999 bid threshold for personal property, commodities, and services, or $200,000
for construction.
The City Manager shall file a written report with the City Commission at the second
Commission meeting of each month listing the purchase orders approved by the City
Manager, or designee. All backup documentation is available upon request. Below is a list of
the purchases for November and December 2023:
231833 ABM BUILDING SOLUTIONS
LLC $ 95,929.58
231842 FPL $ 11,574.76
240513 EAGLE PAINTING $ 22,600.00
240514 ROADWAY MANAGEMENT
TECH LLC $ 37,500.00
240515 INT'L DATA CONSULTANTS $ 36,750.00
240524 GRAYSHIFT LLC $ 30,795.00
240527 GLOBAL TECHNOLOGY
SOLUTIONS, INC. $ 49,927.36
240537 ALAN JAY CHEVROLET $ 24,291.00
240538 ALAN JAY CHEVROLET $ 47,714.00
240548 MAGNET FORENSICS USA,
INC $ 11,075.00
240550 TRACK STAR
INTERNATIONAL USA, INC. $ 32,912.38
240557 ALAN JAY CHEVROLET $ 27,543.00
240563 MARTIN FENCE CO. $ 24,132.00
174
240573 CROM COATINGS &
RESTORATION $ 26,800.00
240579 SENSUS USA, INC. $ 79,739.51
240580 KRONOS INCORPORATED $ 10,937.70
240586 HOMRICH CORPORATION $ 123,000.00
240589 LEGAL FILES $ 18,440.00
240590 STEP CG $ 19,037.15
240592 TEXAS TRAILERS SALES &
SERVICE $ 21,072.00
240593 ALAN JAY CHEVROLET $ 49,972.00
240594 DUVAL FORD $ 44,589.41
240595 SEMINOLE TOYOTA $ 30,334.00
240596 FORD CRESTVIEW $ 41,000.51
240606 VC EQUIPMENT CORP $ 13,530.00
240612 ARMOR COURTS INC. $ 27,125.00
240613 BLISS PRODUCTS &
SERVICES $ 15,293.00
240614 SHI $ 31,040.80
240619 CAYCO LANDSCAPING $ 22,217.08
240622 SUNBELT WASTE
MANAGEMENT $ 30,456.31
240645 CLEAN SPACE $ 40,210.48
240652 FEC ROW, LLC $ 36,189.69
240665 MARTIN FENCE $ 13,038.00
240668 FORD CRESTVIEW $ 40,259.56
240669 JOHNSON CONTROLS
SECURITY SOLUTIONS $ 25,344.07
240681 BUSINESS ORIENTED
SOFTWARE $ 10,558.00
240684 SAMSARA INC. $ 48,914.45
240686 CUSTOMER EXPRESSIONS
CORP $ 12,800.00
240687 XYLEM DEWATERING
SOLUTIONS $ 25,964.33
240695 VTECHIO $ 13,292.09
240704 STEP CG $ 22,247.44
240709 TB MEDIA GROUP $ 45,000.00
240710 ALAN JAY CHEVROLET $ 43,356.00
240719 CLEAN SWEEP
HYDROBLASTING, INC $ 31,200.00
240720 FEDERAL EASTERN INT'L
LLC $ 16,262.70
240723 ALAN JAY CHEVROLET $ 37,656.00
240725 ALAN JAY CHEVROLET $ 49,648.00
175
240728 FLUID CONTROL
SPECIALTIES $ 12,394.00
240732 QUADMED, INC. $ 15,400.00
240733 ALAN JAY CHEVROLET $ 27,134.00
240737 DATAWORKS PLUS, LLC $ 17,820.00
240739 TRANSCOURCE $ 13,430.74
240740 ARMOR COURTS $ 26,915.00
240749 ALPHA 1 STAFFING $ 10,500.00
240751 AMPS INC. $ 14,153.00
240755 SOUTH FLORIDA TACTICAL
FIREARMS $ 20,085.00
240756 LAWMEN'S & SHOOTER'S
SUPPLY $ 10,573.20
240768 LOU'S POLICE AND
SECURITY EQUIPMENT $ 11,460.00
240771
J.C. WHITE
ARCHITECTURAL INTERIOR
PRODUCTS
$ 25,984.12
How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-
56.1 assists departments in timely procurement of commodities, services, and personal
property. Administrative controls are in place with the development of a special processing
form titled “Request for Purchases over $10,000” and each purchase request is reviewed and
approved by the Department Director, Finance Department, and City Manager, or designee.
Fiscal Impact: None.
Attachments:
Purchases over $10k - December 2023.pdf
Purchases over $10k - November 2023.pdf
176
1.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/6/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
2.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/6/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
3.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/8/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
4.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/8/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
5.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/8/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
6.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/13/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
7.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/14/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
SAMSARA GPS SYSTEMS, TO REPLACE VERIZON GPS SYSTEMS ON CITY VEHICLES
PIGGYBACK SOURCEWELL CONTRACT # 020221 501-2516-519.46-91
EXEMPT 001-1510-513.46-91
SAMSARA INC.48,914.45$
PUBLIC WORKS - FLEET DAVE PERSAD
BUSINESS ORIENTED SOFTWARE 10,558.00$
ITS CHARLES STEVENS
ANNUAL SUBSCRIPTION RENEWAL FOR BOSSDESK, THE ITS SERVICE TICKET AND ASSET MANAGEMENT
SYSTEM
PUBLIC WORKS - FACILITIES MELVIN STINSON
PAST DUE INVOICES FOR FIRE ALARM INSPECTION SERVICES PROVIDED TO VARIOUS CITY
FACILITIES
CONFIRMING 001-2511-519.46-25
PIGGYBACK FL # 25100000-23-STC 522-1710-519.64-33
JOHNSON CONTROLS SECURITY SOLUTION 25,344.07$
FORD CRESTVIEW 40,259.56$
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE NEW 2023 DODGE CHARGER TO REPLACE UNIT # 4048 FOR POLICE
PUBLIC WORKS - CONSTRUCTION SERVICES JOSE MURRAY
FENCE FOR NEW DOG PARK THAT WILL BE PART OF BOYNTON BEACH EXTENSION WITH
VIEWS OF THE INTERCOASTAL
COBB # 001251120 302-4103-580.63-15
PROJECT #GG2005
UTILITIES CHRIS ROSCHEK
ANNUAL PIPE-WIRE LICENSE FEE
CONFIRMING 401-2810-536.49-41
MARTIN FENCE 13,038.00$
401-2821-536.49-41
401-2815-536.49-41
401-2824-536.49-41
PAYMENT OF PAST DUE JANITORIAL SERVICES INVOICES PRESENTED BY VENDOR FOR AUGUST &
SEPTEMBER 2023
CONFIRMING 001-2511-519.34-10
FEC ROW, LLC 36,189.69$
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR DECEMBER 2023
CLEAN SPACE 40,210.48$
PUBLIC WORKS - FACILITIES MELVIN STINSON
177
8.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/14/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
9.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/14/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
10.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/14/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
11.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/14/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
12.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/15/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
13.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/15/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
14.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/18/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
15.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/18/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
PURCHASE BULLET PROOF VESTS FOR EFF UNIT.
PIGGYBACK FL # 46151500-NASPO-21-ACS 001-2112-521.52-51
CONFIRMING 401-2811-536.49-17
FEDERAL EASTERN INT'L LLC 16,262.70$
POLICE SOPHIA STEWART
CLEAN SWEEP HYDROBLASTING, INC 31,200.00$
UTILITIES BRYAN HELLER
CLEANING OF NORTH BASIN AT EWTP. SERVICES COMPLETED IN FY 2023
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE OF NEW 2023 FORD EXPLORER XLT 2.3L ECOBOOST FOR CITY ATTORNEY
PIGGYBACK SOURCEWELL #091521 001-1910-514.64-33
MARKETING CONSULTANT FOR ARTS AND CULTUAL CENTER
SOLE SOURCE 691-5000-590.05-01
ALAN JAY CHEVROLET 43,356.00$
001-2112-521.46-20
TB MEDIA GROUP 45,000.00$
ARTS AND CULTURAL CENTER CRAIG CLARK
001-2112-521.46-91
PIGGYBACK NASPO CONTRACT - 43220000-NASPO-
19-ACS
STEP CG 22,247.44$
POLICE KARL MARACOTTA
MAINTENANCE RENEWAL OF NETWORK EQUIPMENT FOR SERVERS, WORKSTATIONS AND
COMMUNICATIONS
POLICE SOPHIA STEWART
PURCHASE REPLACEMENT LAPTOPS FOR DETECTIVES
001-2112-521.64-15PIGGYBACK FL CONTRACT # 43211500-WSCA-15-ACS
VTECHIO 13,292.09$
XYLEM DEWATERING SOLUTIONS 25,964.33$
UTILITIES MARC FILSAIME
SOLE MAUFACTURER OF GODWIN PUMPS - REPAIR PUMP AT LIFT STATION 356
SOLE SOURCE 401-2816-536.46-51
INTERNAL INVESTIGATIONS TARYN LAGOR
CASE MANAGEMENT SOFTWARE. REAL TIME REPORTING ALLOWING FOR COMPLETE CONFIDENTIALITY.
SOLE SOURCE 001-1216-512.46-91
CUSTOMER EXPRESSIONS CORP 12,800.00$
178
16.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/19/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
17.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/19/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
18.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/19/2032
Brief Description of Purchase:
Source for Purchase:Fund Source:
19.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/20/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
20.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/20/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
21.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/20/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
22.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/26/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
23.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/26/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
PARKS WESLEY NORWOOD
TWO (2) - TENNIS COURT RESURFACING AT BARRIER FREE PARK.
PIGGYBACK SCHOOL DISTRICT OF PALM BEACH 303-4212-572.63-05
ANNUAL HARDWARE RENEWAL FOR EXGRID BACKUP APPLIANCE.
PIGGYBACK NASPO MNWNC-130 401-2821-536.46-91
ARMOR COURTS 26,915.00$
001-1510-513.46-20
COUNTY #236
TRANSOURCE SERVICES CORP.13,430.74$
ITS CHARLES STEVENS
DATAWORKS PLUS, LLC 17,820.00$
POLICE KARL MARACOTTA
PURCHASE ADDITIONAL FINGERPRINT READERS
001-2112-521.46-91
PURCHASE MANGER ELK LIFTING CUSHION + AIRFLO 24 COMPRESSER
THREE QUOTES 105-3298-525.64-02
ALAN JAY CHEVROLET 27,134.00$
SOLE SOURCE 001-2110-521.64-02
QUADMED, INC.15,400.00$
FIRE CHIEF PRINCE
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE 2023 TOYOTA CAMRY LE TO REPLACE UNIT #3910 FOR P.D.
PIGGYBACK SOURCEWELL CONTRACT #3910 522-1710-519.64-33
WAREHOUSE JEN PACIELLO
PURCHASE REPLACEMENT PARTS FOR MIEX SYSTEM - UTILITIES
SOLE SOURCE 401-2811-536.52-75
FLUID CONTROL SPECIALTIES
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE 2024 CHEVROLET SILVERADO 1500 CREW CAB TO REPLACE VEHICLE #2522 FOR UTILITIES
PIGGYBACK SOURCEWELL CONTRACT # 2522 501-2516-519.64-33
ALAN JAY CHEVROLET 49,648.00$
12,394.00$
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE 2023 TOYOTA HIGHLANDER L (SE) FOR FIRE DEPARTMENT
PIGGYBACK SOURCEWELL CONTRACT # 091521 501-2516-519.64-33
ALAN JAY CHEVROLET 37,656.00$
179
24.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/26/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
25.Vendor:Purchase Amount:
2+B2114.209:217 Contact Person:
Date:12/26/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
26.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/27/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
27.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/27/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
28.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:12/29/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
29.Vendor:J.C. WHITE ARCHITECTURAL INTERIOR PRODUCTS Purchase Amount:
Requesting Department:Contact Person:
Date:12/29/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
25,984.12$
PUBLIC WORKS - CONSTRUCTION SERVICES ANDERSON SLOCOMBE
PURCHASE OFFICE FURNITURE FOR ARTS & CULTURAL CENTER, OFFICES.
SINGLE SOURCE 303-4101-572.64-16
LOU'S POLICE AND SECURITY EQUIPMENT 11,460.00$
POLICE SGT MCDEAVITT
PURCHASE 12 COLT PATROL RIFLES FOR POLICE DEPARTMENT
THREE QUOTES 001-2112-521.52-51
LAWMEN'S & SHOOTER'S SUPPLY 10,573.20$
POLICE SOPHIA STEWART
RESTOCK SWAT TRAINING RIFLE AMMO.
PIGGYBACK STATE OF FLORIDA CONTRACT 001-2110-521.52-50
# 46000000-21-STC
SOUTH FLORIDA TACTICAL FIREARMS 20,085.00$
POLICE SOPHIA STEWART
PURCHASE SWAT SUPPLIES - SUPPRESSORS.
THREE QUOTES 001-2110-521.64-02
001-2110-521.52-50
ALPHA 1 STAFFING 10,500.00$
UTILITIES CHRIS ROSCHEK
EXECUTIVE SEARCH FIRM SERVICES FOR ASSISTANT DIRECTOR/ENGINEERING
CONFIRMING 401-2823-536.31-90
UTILITIES DAVID ROLAND
WELL 12E REHAB DUE TO NEW MOTOR.
PIGGYBACK PALM BEACH COUNTY #22041 401-2811-536.46-50
COBB # 003282121
AMPS INC.14,153.00$
180
1.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/3/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
2.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/3/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
3.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/2/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
4.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/2/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
5.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/2/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
6.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/6/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
7.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/6/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
ITS MICHAEL BENNETT
ONE YEAR SUBSCRIPTION FOR GENESYS CLOUD PLATFORM
EXEMPT 130-2411-524.46-91
ANNUAL LICENSE RENEWAL FOR DIGITAL FORENSICS SOFTWARE
001-2112-521.46-91
GLOBAL TECHNOLOGY SOLUTIONS, INC.49,927.36$
SINGLE SOURCE
PIGGYBACK GSA # 47QTCA19D00MM 001-1510-513.46-91
GRAYSHIFT LLC 30,795.00$
POLICE SOPHIA STEWART
36,750.00$
ITS CHARLES STEVENS
ANNUAL SUBSCRIPTION RENEWAL FOR BARRACUDA E-MAIL ARCHIVER CLOUD E-MAIL ARCHIVE SERVICE
INT'L DATA CONSULTANTS
PUBLIC WORKS - ENGINEERING MOISEY ABDURAKHMANOV
SURVEY-DATA OF ROAD CONDITIONS, ROADWAY MANAGEMENT SOFTWARE
SOLE SOURCE 001-2512-541.46-91
COBB #013251119 303-4107-573.49-17
PROJECT # GG2401
ROADWAY MANAGEMENT TECH LLC 37,500.00$
TASK ORDER # P-10-2023
22,600.00$
PUBLIC WORKS - CONSTRUCTION SERVICES JOSE MURRAY
SCHOOLHOUSE CHILDREN'S MUSEUM EXTERIOR PAINTING
EAGLE PAINTING
PUBLIC WORKS - CONSTRUCTION SERVICES CARL FRUMENTI
INSTALLATION OF FOURTEEN (14) LED LIGHTS AND REMOVAL OF EIGHT (8) EXISTING AT HARBOR
ESTATES N ROAD AND EAST ROAD.
CONFIRMING 001-2512-541.43-11
CONFIRMING PURCHASE ORDER TO PAY OUTSTANDING INVOICES FROM JUNE, JULY & AUGUST 2023.
CONFIRMING 001-2730-572.49-17
FPL 11,574.76$
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR NOVEMBER 2023
ABM BUILDING SOLUTIONS LLC 95,929.58$
PUBLIC WORKS - PARKS & GROUNDS WESLEY NORWOOD
001-2511-519.46-25
001-2511-519.34-10
181
8.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/6/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
9.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/6/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
10.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/8/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
11.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/8/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
12.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/9/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
13.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/13/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
14.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/15/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
15.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/16/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:COBB # 085141217 401-2814-536.46-91
SENSUS USA, INC.79,739.51$
UTILITIES WANEYA BRYANT
ANNUAL SOFTWARE RENEWAL FOR THE RNI SAAS FEE-AMI METERING SYSTEMS HOSTED NETWORK AND
METERING DATA MANAGEMENT
UTILITIES BRYAN HELLER
FDEP REQUIRED FIVE YEAR INSPECTIONS FOR FIVE (5) TANKS
SINGLE SOURCE 401-2811-536.49-17
CROM COATINGS & RESTORATION 26,800.00$
MARTIN FENCE CO.24,132.00$
PUBLIC WORKS - PARKS & GROUNDS WESLEY NORWOOD
REPAIR / REPLACE FENCE AT FIRE STATION # 3
COBB # 001251120 522-1710-519.49-19
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE NEW 2023 FORD MAVERICK TO REPLACE VEHICLE NUMBER 740 FOR BUILDING DEPT
PIGGYBACK SOURCEWELL CONTRACT # 091521 501-2516-519.64-33
AVLS SINGLE-TENANT HYBRID CLOUD LICENSES
SINGLE SOURCE 001-2112-521.46-91
ALAN JAY CHEVROLET 27,543.00$
SOLE SOURCE 001-2112-521.46-91
TRACK STAR INTERNATIONAL USA, INC.32,912.38$
POLICE 11/8/2023
MAGNET FORENSICS USA, INC 11,075.00$
POLICE SOPHIA STEWART
ANNUAL FEE FOR MAGNET AXIOM TERM BUNDLE & DVR EXAMINER
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE NEW GMC SIERRA 1500 CREW CAB TO REPLACE VEHICLE #8700 FOR FIRE
DEPARTMENT
PIGGYBACK SOURCEWELL CONTRACT 501-2516-519.64-33
# 091521
PIGGYBACK CITY OF TALLAHASSEE #5179 522-1710-519.64-33
ALAN JAY CHEVROLET 47,714.00$
ALAN JAY CHEVROLET 24,291.00$
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE 2024 CHEVY MALIBU (MODEL 1ZC69) TO REPLACE VEHICLE # 3908 FOR P.D.
182
16.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/16/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
17.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/17/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
18.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/17/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
19.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/20/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
20.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/22/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
21.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/22/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
22.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/22/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
23.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/22/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE 2023 TOYOTA RAV4 LE HYBRID TO REPLACE COMMUNITY STANDARDS DNR VEHICLE
PIGGYBACK FSA23-TOY1.0 501-2516-519.64-33
SEMINOLE TOYOTA
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE 2024 TRANSIT T-250 LOW ROOF CARGO VAN FOR P.D. TO REPLACE UNIT #4006
PIGGYBACK FSA23-VEL31.0 501-2516-519.64-33
501-2516-519.64-33
DUVAL FORD 44,589.41$
ALAN JAY CHEVROLET 49,972.00$
PIGGYBACK SOURCEWELL CONTRACT #091521NAF
30,334.00$
PUBLIC WORKS - FLEET DAVE PERSAD
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE CARGO MATE TRAILER TO REPLACE UNIT # 8706 FOR FIRE DEPARTMENT
PIGGYBACK FSA CONTRACT # EQU21.0 501-2516-519.64-33
PURCHASE NEW CHEVY SILVERADO 2500HD TO REPLACE UNIT #4813 FOR POLICE DEPARTMENT
PURCHASE NETWORK HARDWARE, LICENSING, PROFESSIONAL SERVICE UNITS IN SUPPORT OF CIP
PROJECT IT2401.
PIGGYBACK NASPO #43220000-NASPO-19-ACS 303-4101-580.64-15 PROJECT: IT2401
TEXAS TRAILERS SALES & SERVICE 21,072.00$
EXEMPT 001-1910-514.46-91
STEP CG 19,037.15$
ITS CHARLES STEVENS
001-1910-514.49-17
LEGAL FILES 18,440.00$
ITS MICHAEL BENNETT
DOCUMENT MANAGEMENT SOFTWARE FOR LEGAL REQUEST MODULE AND PROJECT MANAGEMENT
PUBLIC WORKS - CONSTRUCTION SERVICES KEVIN RAMSEY
ELECTRICAL AND RESTROOM IMPROVEMENTS AT THE LINKS GOLF COURSE
COBB # 028251120 412-4501-572.62-01
TASK ORDER # F-02-2024 PROJECT # GF2303
MAINTENANCE RENEWAL FOR SCHEDULING AND PLANNING PLATFORM
SOLE SOURCE 001-2112-521.46-91
HOMRICH CORPORATION 123,000.00$
KRONOS INCORPORATED 10,937.70$
POLICE KARL MARACOTTA
183
24.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/22/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
25.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/27/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
26.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/29/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
27.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/29/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
28.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/29/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
29.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/29/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:
30.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:11/29/2023
Brief Description of Purchase:
Source for Purchase:Fund Source:CONFIRMING 501-5000-590.09-82
SUNBELT WASTE MANAGEMENT 30,456.31$
PUBLIC WORKS - FLEET RASHEED HOSEIN
REPAIR OF FRONT LOADER - PETERBILT 320
CAYCO LANDSCAPING 22,217.08$
PUBLIC WORKS - PARKS & GROUNDS WESLEY NORWOOD
UNPAID INVOICES FOR F/Y 22/23
CONFIRMING 001-2730-572.49-17
ITS CHARLES STEVENS
MANDATORY MICROSOFT ENTERPRISE AGREEMENT ADDITIONAL 56 LICENSES PURCHASE
PIGGYBACK SOURCEWELL CONTRACT #081419 001-1510-513.46-91
001-2112-521.46-91
401-2821-536.46-91
PURCHASE SWING BENCHES FOR MEADOWS PARK
PIGGYBACK CLAY COUNTY CONTRACT #18/19-2 303-4216-572.64-03 RP2408
SHI 31,040.80$
PIGGYBACK SCHOOL DISTRICT OF PALM 303-4209-572.63-05 RP2407
BLISS PRODUCTS & SERVICES 15,293.00$
PUBLIC WORKS - PARKS & GROUNDS WESLEY NORWOOD
BEACH COUNTY #23C-5L
ARMOR COURTS INC.27,125.00$
PUBLIC WORKS - PARKS & GROUNDS WESLEY NORWOOD
COURT COATING - HESTER PARK TENNIS CENTER
PUBLIC WORKS - PARKS & GROUNDS WESLEY NORWOOD
PURCHASE NEW PRESSURE WASHER TRAILER WITH HOSE REEL / LADDER RACK.
THREE QUOTES 501-2516-519.64-33
VC EQUIPMENT CORP 13,530.00$
PIGGYBACK STATE OF FL CONTRACT 522-1710-519.64-33
FORD CRESTVIEW 41,000.51$
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE 2023 FORD INTERCEPTOR TO REPLACE UNIT # 4059 FOR POLICE DEPARTMENT.
NUMBER 25100000-23-STC
184
City of Boynton Beach
Agenda Item Request Form
7.A
Consent Bids and Purchases over $100,000
02/20/2024
Meeting Date: 02/20/2024
Proposed Resolution No. R24-037- Authorize the City Manager to sign a 60-month
agreement for the purchase of MAN (Metropolitan Area Network) connectivity services
between City buildings and Internet connectivity services from Comcast Cable
Communications Management, LLC for $5,764.10 a month plus taxes and fees and
approve the yearly spending to Comcast Business Communications, LLC in the amount
of $186,300 for the 60-months of this agreement.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-037.
Explanation of Request:
The City currently uses Comcast Cable Communications Management, LLC, to provide MAN
network connectivity services between City buildings and Internet access at Fire Station #5,
City Hall/Library, and Police headquarters. Internet access for Fire Station #5 was approved
by the City Commission on February 6, 2018, Resolution R18-020. The City Commission
approved the WAN network connectivity services on February 20, 2018, Resolution R18-032,
and then amended to add additional WAN network connectivity services locations and Internet
access for the Library on April 17, 2018, Resolution R18-061. On May 7, 2019, the Sara Sims
Park and Town Square projects were added, providing additional WAN network connectivity
and Internet access services, Resolution R19-050.
The original Comcast agreement has expired, and the City would like to enter into a new 60-
month agreement with Comcast in the amount of $5,764.10 a month plus taxes and fees. In
addition, the I.T.S. Department is requesting yearly spending approval to Comcast Business
Communications, LLC, in the amount of $186,300 for the 60 months of this agreement. This
funding will be applied to this new Comcast agreement, existing Comcast SIP phone service
agreements, and Comcast Business Class Internet agreements. The Comcast SIP phone
service agreements and Comcast Business Class Internet agreements are not part of the new
Comcast agreement.
This purchase is exempt from the competitive process pursuant to the City of Boynton Beach
policy manual section IV Exemptions to Competitive Process, sub-section 11: "Purchase of
information technology software applications and equipment directly from the manufacturer,
developer, or producer of the product or service, including annual licenses, maintenance,
185
support, and upgrades to existing information technology software, hardware, or firmware."
How will this affect city programs or services?
The new agreement with Comcast will allow the City to continue providing MAN network
connectivity services and Internet access services throughout the City, allowing employees
and citizens access to City computer resources such as file shares, printing, Wi-Fi, Internet,
etc.
Fiscal Impact:
Funding was approved and is available in the I.T.S. Department budget for fiscal year 2023/24
under account number 001-1510-513.41-10 for an amount not to exceed $160,000.
Attachments:
Resolution No. R24-037- Approve Agreement with Comcast for purchase of MAN.docx
Disclosures for Comcast Agreement.pdf
Comcast Renewal Agreement 2024.pdf
Enterprise Services General Terms and Conditions V40 103122.pdf
CITYOFBOYNTONBEACH-Comcast_Addendum-021324 - Signed.pdf
R18-020.pdf
R18-032.pdf
R18-061.pdf
R19-050.pdf
186
C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@FC0A15E0\@BCL@FC0A15E0.Docx
RESOLUTION NO. R24-0371
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 2
AND AUTHORIZING THE CITY MANAGER TO SIGN A 60 MONTH 3
AGREEMENT FOR THE PURCHASE OF MAN (METROPOLITAN AREA 4
NETWORK) CONNECTIVITY SERVICES BETWEEN CITY BUILDINGS AND 5
INTERNET CONNECTIVITY SERVICES FROM COMCAST CABLE 6
COMMUNICATIONS MANAGEMENT, LLC, FOR $5,764.10 A MONTH PLUS 7
TAXES AND FEES; APPROVING THE YEARLY SPENDING WITH COMCAST 8
BUSINESS COMMUNICATIONS, LLC, IN THE AMOUNT OF $186,300 FOR 9
THE 60-MONTHS OF THIS AGREEMENT; AND PROVIDING AN EFFECTIVE 10
DATE.11
WHEREAS,the City currently uses Comcast Cable Communications Management, LLC 12
to provide MAN network connectivity services between City buildings, and Internet access at 13
Fire Station #5, City Hall/Library, and the Police headquarters; and14
WHEREAS, the original Comcast agreement has expired, and the City would like to 15
enter into a new 60-month agreement with Comcast in the amount of $ 5,764.10 a month plus 16
taxes and fees; and17
WHEREAS,additionally, the I.T.S. Department is requesting yearly spending approval 18
with Comcast Business Communications, LLC in the amount of $186,300.00 for the 60 months19
of this agreement, which will be applied to this new Comcast agreement, existing Comcast SIP 20
phone service agreements, and Comcast Business Class Internet agreements; and21
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 22
recommendation of staff, deems it to be in the best interests of the City residents to approve 23
and authorize the City Manager to sign a 60-month Agreement for the purchase of MAN 24
(Metropolitan Area Network) connectivity services between City buildings and Internet 25
connectivity services from Comcast Cable Communications Management, LLC, for $5,764.10 a 26
month plus taxes and fees.27
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28
BOYNTON BEACH, FLORIDA, THAT: 29
Section 1.Each Whereas clause set forth above is true and correct and 30
incorporated herein by this reference.31
Section 2.The City Commission of the City of Boynton Beach, Florida, does hereby32
approve and authorize the City Manager to sign a 60-month agreement for the purchase of 33
MAN (Metropolitan Area Network) connectivity services between City buildings and Internet 34
connectivity services from Comcast Cable Communications Management, LLC, for $5,764.10 a 35
187
C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@FC0A15E0\@BCL@FC0A15E0.Docx
month plus taxes and fees. A copy of the Agreement is attached hereto and incorporated 36
herein as Exhibit “A.”37
Section 3.The City Commission is approving and authorizing the yearly spending 38
with Comcast Business Communications, LLC, in the amount of $186,300 for the 60 months of 39
this agreement, which includes existing Comcast SIP phone service agreements and Comcast 40
Business Class Internet agreements.41
Section 4.That this Resolution shall become effective immediately upon passage. 42
PASSED AND ADOPTED this 20th day of February, 2024.43
CITY OF BOYNTON BEACH, FLORIDA44
YES NO45
46
Mayor – Ty Penserga __________47
48
Vice Mayor – Thomas Turkin __________49
50
Commissioner – Angela Cruz __________51
52
Commissioner – Woodrow L. Hay __________53
54
Commissioner – Aimee Kelley __________55
56
VOTE ______57
ATTEST:58
59
___________________________________________________________60
Maylee De Jesús, MPA, MMC Ty Penserga61
City Clerk Mayor62
63
APPROVED AS TO FORM:64
(Corporate Seal)65
66
_______________________________67
Shawna G. Lamb68
City Attorney69
188
2.11.24 (SRW)
Disclosures for Comcast Enterprise Services Master Services Agreement
The City desires to renew its contract with Comcast to obtain MAN network connectivity services and
provide Internet access services throughout the City. The agreement is on the vendor’s form. Non-
standard business and legal terms are disclosed below. By executing this agreement, you are accepting
these terms on behalf of the City.
Section Disclosure
Indemnification The City is required to indemnify Comcast for any claims arising from (i)
any content received or distributed by City or its users through the
Service; (ii) libel, infringement of copyright, or unauthorized use of
trademark, trade name, or service mark arising out of communications via
the Service; (iii) for patent infringement arising from City’s combining or
connection of City-Provided Equipment to use the Service; and (iv) for
damage arising out of the gross negligence or willful misconduct of City.
Limitation of Liability Comcast’s total liability to the City for claims arising from the agreement
is the amount paid by the City during the 3 months immediately preceding
the date on which the claim arose.
Jurisdiction and Venue Agreement is governed by the laws of the State of Pennsylvania, and any
litigation between the parties must be brought exclusively in federal or
state court located in Philadelphia, Pennsylvania.
Term and Termination The agreement automatically renews for successive periods of one (1)
year each (each, a “Renewal Term”), unless prior written notice of non-
renewal is delivered by either party to the other at least thirty (30) days
before the expiration of the Service Term or the then current Renewal
Term.
The agreement and any sales orders or statements of work may be
terminated for convenience upon 30 days’ notice; however, the City may
be subject to termination charges.
189
Page 1 of 7
MSA ID#:Fl-4858162-CMunr SO ID#:Account Name:
Primary Contact:Charles Stevens Billing Account Name
Title:ITS Network Manager
Billing Name
(3rd Party Accounts) Address 1:
Address 1:100 E. Ocean Ave Billing Contact:Address 2:
Address 2:Title:City:
City:Boynton Beach Phone:State:
State:FL Cell:Zip Code:
Zip:33435 Fax:Tax Exempt:
Phone:561-742-6079 Email:
Cell:
Fax:
Email:cstevens@bbfl.usa
Service Term (Months):60
SUMMARY OF SERVICE CHARGES*
Current Monthly Recurring Charges:$13,201.06 Total Standard Installation Fees:$0.00
Current Trunk Services Monthly Recurring Charges:$0.00 Total Trunk Services Standard Installation Fees:$0.00
Total Current Monthly Recurring Charges (all Services):$13,201.06 Total Standard Installation Fees (all Services):$0.00
Change Monthly Recurring Charges:-$7,436.96
Change Trunk Services Monthly Recurring Charges:$0.00 Total Custom Installation Fee:
Change Monthly Recurring Charges (all Services):-$7,436.96
Total Monthly Recurring Charges:$5,764.10
Total Trunk Services Monthly Recurring Charges:$0.00
Total Monthly Recurring Charges (all Services):$5,764.10 SUMMARY OF MONTHLY EQUIPMENT FEES*
Current Services Equipment Fee Monthly Recurring Charges:$0.00
Current Trunk Services Equipment Fee Monthly Recurring Charges:$0.00
Current Equipment Fee Monthly Recurring Charges (All Services):$0.00
Change Services Equipment Fee Monthly Recurring Charges:$0.00
Change Trunk Services Equipment Fee Monthly Recurring Charges:$0.00
Change Equipment Fee Monthly Recurring Charges (All Services):$0.00
Total Service Equipment Fee Monthly Recurring Charges $0.00
Total Trunk Service Equipment Fee Monthly Recurring Charges $0.00
Total Equipment Fee Monthly Recurring Charges (All Services)$0.00
By signing below, Customer acknowledges, agrees to and accepts the terms and conditions of this Sales Order.
Signature: (1)Signature: (2)Sales Rep:
Name: (1)Name: (2)Sales Rep E-Mail:
Title: (1)Title: (2)Region:
Date: (1)Date: (2)Division:Northeast
SUMMARY OF CUSTOM INSTALLATION FEES*
This Comcast Enterprise Services Sales Order Form ("Sales Order") shall be effective upon acceptance by Comcast. This Sales Order is made a part of the Comcast Enterprise Services Master Services Agreement,
entered between Comcast and the undersigned and is subject to the Product Specific Attachment for the Service(s) ordered herein, located at http://business.comcast.com/terms-conditions-ent, (the "Agreement") . Unless
otherwise indicated herein, capitalized words shall have the same meaning as in the Agreement.
CUSTOMER USE ONLY (by authorized representative)COMCAST USE ONLY (by authorized representative)
David Ingber
david_ingber@comcast.com
$0.00
*Note: Charges identified in the Sales Order are exclusive of maintenance and repair charges, and applicable federal, state, and local taxes, fees, surcharges and recoupments (however designated). Please refer to
your Comcast Enterprise Services Master Services Agreement (MSA) for specific detail regarding such charges. Customer shall pay Comcast one hundred percent (100%) of the non-amortized Custom Installation Fees
prior to the installation of Service. The existence of Hazardous Materials at the Service Location or a change in installation due to an Engineering Review may result in changes to the Custom and/or Standard Installation
Fees payable by Customer.
GENERAL COMMENTS
AGREEMENT
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE 911 LIMITATIONS OF THE VOICE SERVICES
Florida
COMPANY ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF THIS 911 NOTICE:
The Comcast Voice Services may have the 911 limitations specified below:
• In order for 911 calls to be properly directed to emergency services using the Voice Services, Comcast must have the correct service address and, where applicable, location details (“Registered Service Location”).
Registered Service Location may include, subject to any character limitations, location details such as a floor and/or office number, in addition to street address, for each telephone number and extension used by the
Customer. If the Voice Services or any Voice Services device is moved to a different location without Customer providing updated Registered Service Location information, 911 calls may be directed to the wrong
emergency authority, may transmit the wrong address, emergency responders may be unable to locate the emergency on the premises and/or the Voice Services (including 911) may fail altogether. Customer’s use of
a telephone number not associated with its geographic location, or a failure to allot sufficient time for a Registered Service Location change to be processed may also increase these risks.
• If the Registered Service Location provided in conjunction with the use of Comcast Equipment is deemed to be in an area that is not supported for 911 calls, Customer will not have direct access to either basic 911
or E911. In this case, Customer 911 calls will be sent to an emergency call center. A trained agent at the emergency call center will ask for the caller’s name, telephone number and location, and then will contact the
local emergency authority for that area in order to send help.
• The Voice Services use electrical power in the Customer’s premises, as well as the Customer’s underlying broadband service. If there is an electrical power outage or underlying broadband service outage, 911
calling may be interrupted. Similarly, calls using the Voice Services, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment failure, or
another technical problem.
COMCAST ENTERPRISE SERVICES SALES ORDER FORM
Fl-4858162-CMunr-24841674 City of Boynton Beach
CUSTOMER INFORMATION (for notices)
City of Boynton Beach INVOICE ADDRESS
100 E. Ocean Ave
Charles Stevens
ITS Network Manager Boynton Beach
FL
• Customer is solely responsible for informing Comcast of initial Registered Service Locations for each telephone number and extension and of all changes to Registered Service Locations for the Voice Services,
including subsequent moves, additions or deletions of stations. Customer is also responsible for programming its PBX system to reflect these Registered Service Locations. Customer will inform Comcast of changes
to any Registered Service Location for each telephone number and extension by calling Comcast at 1-855-368-0600 or by opening a trouble ticket in the Comcast Care Center Portal. The contact number or method
for making such updates are subject to change from time to time.
By purchasing Comcast voice services, you are giving Comcast Business permission to request a copy of the Customer Service Record(s) from your existing carrier(s). Customer Service Records include the telephone
numbers listed on the account(s) and may also include information related to services provided by such carrier(s).
33435
Yes
stevensc@bbfl.us * If Yes, please provide and attach all
applicable tax exemption certificates
SUMMARY OF CHARGES (Details on following pages)
SUMMARY OF STANDARD INSTALLATION FEES*
190
Account Name:Date:
MSA ID#:SO ID#:
Short Description of Service:
Service Term:60 MONTHS
PAGE 2 of 7
Line Request Action Service(s)Tax Jurisdiction Qty Monthly One-Time
001 Renew Remove EDI - Network Interface - Gig E Interstate 1 $0.00 $0.00
002 Renew Remove EDI - Bandwidth Interstate 1 ($2,862.00)$0.00
003 Renew Remove IPv4 Static Address Block /29 (6)Interstate 1 ($25.00)$0.00
004 Renew Remove EDI - Network Interface - Gig E Interstate 1 $0.00 $0.00
005 Renew Remove EDI - Bandwidth Interstate 1 ($957.30)$0.00
006 --$0.00 $0.00
007 Renew Remove EDI - Network Interface - Gig E Interstate 1 $0.00 $0.00
008 Renew Remove EDI - Bandwidth Interstate 1 ($1,390.00)$0.00
009 --$0.00 $0.00
010 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($46.36)$0.00
011 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($370.89)$0.00
012 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($46.36)$0.00
013 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($370.89)$0.00
014 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($46.36)$0.00
015 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($370.89)$0.00
016 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($46.36)$0.00
017 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($370.89)$0.00
018 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($46.36)$0.00
019 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($370.89)$0.00
020 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($46.36)$0.00
021 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($370.89)$0.00
022 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($46.36)$0.00
023 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($370.89)$0.00
024 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($46.36)$0.00
025 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($370.89)$0.00
026 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($50.00)$0.00
027 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($400.00)$0.00
028 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($46.36)$0.00
029 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($253.44)$0.00
030 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($46.36)$0.00
031 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($253.44)$0.00
032 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($46.36)$0.00
033 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($253.44)$0.00
034 --$0.00 $0.00
035 --$0.00 $0.00
036 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($46.36)$0.00
037 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($253.44)$0.00
038 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($50.00)$0.00
039 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($400.00)$0.00
040 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($46.36)$0.00
041 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($185.44)$0.00
042 Renew Remove Ethernet Network Interface - 10 / 100 Interstate 1 ($58.50)$0.00
043 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($234.00)$0.00
044 Renew Remove Ethernet Network Interface - Gig E Interstate 1 ($200.90)$0.00
045 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($454.34)$0.00
046 Renew Remove Ethernet Network Interface - Gig E Interstate 1 ($164.94)$0.00
047 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($510.06)$0.00
048 Renew Remove Ethernet Network Interface - Gig E Interstate 1 ($164.94)$0.00
049 Renew Remove ENS - Basic Network Bandwidth Interstate 1 ($510.08)$0.00
050 --$0.00 $0.00
* Services Location Details attached Charges are Exclusive of Equipment Fees PAGE 2 SUBTOTAL:($13,201.06)$0.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Fire Station 5 / 2080 HIGH RIDGE RD
Fire Station 5 / 2080 HIGH RIDGE RD
Fire Recue 5 / 2080 HIGH RIDGE RD, PATH B,
Fire Recue 5 / 2080 HIGH RIDGE RD, PATH B,
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Intracoastal Park / 2240 N FEDERAL HWY
Boyntons Womens Club / 1010 S FEDERAL HWY
Boyntons Womens Club / 1010 S FEDERAL HWY
Oceanfront Park / 6415 N OCEAN BLVD
Oceanfront Park / 6415 N OCEAN BLVD
City of Boynton Beach / 234 NW 10TH AVE-
City of Boynton Beach / 234 NW 10TH AVE-
City Hall / 100 E OCEAN AVE-FL 3RD
City Hall / 100 E OCEAN AVE-FL 3RD
Senior Center / 1021 S FEDERAL HWY
Senior Center / 1021 S FEDERAL HWY
Tennis & Pickleball / 3111 S CONGRESS AVE
Tennis & Pickleball / 3111 S CONGRESS AVE
The Links / 8020 JOG ROAD
The Links / 8020 JOG ROAD
-
-
Intracoastal Park / 2240 N FEDERAL HWY
Recreation Center / 225 NW 12TH AVE
Public Works / 222 NE 9TH AVE
Public Works / 222 NE 9TH AVE
West Water Treatment Plant / 5469 W BOYNTON BCH BLVD,
West Water Treatment Plant / 5469 W BOYNTON BCH BLVD,
PD / 2100 HIGH RIDGE RD
PD / 2100 HIGH RIDGE RD
Boyntons Womens Club / 1010 S FEDERAL HWY
Boyntons Womens Club / 1010 S FEDERAL HWY
Fire Station 5 / 2080 HIGH RIDGE RD
Fire Station 5 / 2080 HIGH RIDGE RD
Fire Station 5 / 2080 HIGH RIDGE RD
City Hall / 100 E OCEAN AVE-FL 3RD
City Hall / 100 E OCEAN AVE-FL 3RD
-
PD / 2100 HIGH RIDGE RD
PD / 2100 HIGH RIDGE RD
-
PD Training / 3501 N CONGRESS AVE
PD Training / 3501 N CONGRESS AVE
Fire Rescue -2 / 2615 W WOOLBRIGHT RD
Fire Rescue -2 / 2615 W WOOLBRIGHT RD
Utilities Dept / 124 E WOOLBRIGHT RD
Utilities Dept / 124 E WOOLBRIGHT RD
Hester Community Center / 1901 N SEACREST BLVD
Hester Community Center / 1901 N SEACREST BLVD
Recreation Center / 225 NW 12TH AVE
1 Port
50 Mbps
1 Port
50 Mbps
1 Port
1 Port
1 Port
50 Mbps
1 Port
100 Mbps
1 Port
1 Port
1 Port
100 Mbps
1 Port
1000 Mbps
100 Mbps
1 Port
100 Mbps
Static IP
1Port
100 Mbps
100 Mbps
1 Port
100 Mbps
1Port
1000 Mbps
1 Port
1 Port
400 Mbps
1 Port
1000 Mbps
100 Mbps
1 Port
20 Mbps
1 Port
20 Mbps
100 Mbps
100 Mbps
1 Port
50 Mbps
1 Port
1000 Mbps
200 Mbps
COMCAST ENTERPRISE SERVICES SALES ORDER FORM
Description
Solution Charges
1Port
Service Location A*Service Location Z*
Fl-4858162-CMunr-24841674Fl-4858162-CMunr
6/1/2023City of Boynton Beach
SERVICES AND PRICING
191
Account Name:Date:
MSA ID#:SO ID#:
COMCAST ENTERPRISE SERVICES SALES ORDER FORM
Fl-4858162-CMunr-24841674Fl-4858162-CMunr
6/1/2023City of Boynton Beach
SERVICES AND PRICING
PAGE 3 of 7
Line Request Action Service(s)Tax Jurisdiction Qty Monthly One-Time
051 Renew Add EDI - Network Interface - Gig E Interstate 1 $0.00 $0.00
052 Renew Add EDI - Bandwidth Interstate 1 $842.05 $0.00
053 Renew Add IPv4 Static Address Block /29 (6)Interstate 1 $25.00 $0.00
054 Renew Add EDI - Network Interface - Gig E Interstate 1 $0.00 $0.00
055 Renew Add EDI - Bandwidth Interstate 1 $420.00 $0.00
056 --$0.00 $0.00
057 Renew Add EDI - Network Interface - Gig E Interstate 1 $0.00 $0.00
058 Renew Add EDI - Bandwidth Interstate 1 $842.05 $0.00
059 --$0.00 $0.00
060 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $18.89 $0.00
061 Renew Add ENS - Basic Network Bandwidth Interstate 1 $151.11 $0.00
062 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $18.89 $0.00
063 Renew Add ENS - Basic Network Bandwidth Interstate 1 $151.11 $0.00
064 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $18.89 $0.00
065 Renew Add ENS - Basic Network Bandwidth Interstate 1 $151.11 $0.00
066 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $18.89 $0.00
067 Renew Add ENS - Basic Network Bandwidth Interstate 1 $151.11 $0.00
068 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $18.89 $0.00
069 Renew Add ENS - Basic Network Bandwidth Interstate 1 $151.11 $0.00
070 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $18.89 $0.00
071 Renew Add ENS - Basic Network Bandwidth Interstate 1 $151.11 $0.00
072 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $18.89 $0.00
073 Renew Add ENS - Basic Network Bandwidth Interstate 1 $151.11 $0.00
074 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $18.89 $0.00
075 Renew Add ENS - Basic Network Bandwidth Interstate 1 $151.11 $0.00
076 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $18.89 $0.00
077 Renew Add ENS - Basic Network Bandwidth Interstate 1 $151.11 $0.00
078 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $20.26 $0.00
079 Renew Add ENS - Basic Network Bandwidth Interstate 1 $110.74 $0.00
080 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $20.26 $0.00
081 Renew Add ENS - Basic Network Bandwidth Interstate 1 $110.74 $0.00
082 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $20.26 $0.00
083 Renew Add ENS - Basic Network Bandwidth Interstate 1 $110.74 $0.00
084 --$0.00 $0.00
085 --$0.00 $0.00
086 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $20.26 $0.00
087 Renew Add ENS - Basic Network Bandwidth Interstate 1 $110.74 $0.00
088 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $20.26 $0.00
089 Renew Add ENS - Basic Network Bandwidth Interstate 1 $110.74 $0.00
090 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $20.40 $0.00
091 Renew Add ENS - Basic Network Bandwidth Interstate 1 $81.60 $0.00
092 Renew Add Ethernet Network Interface - 10 / 100 Interstate 1 $20.40 $0.00
093 Renew Add ENS - Basic Network Bandwidth Interstate 1 $81.60 $0.00
094 Renew Add Ethernet Network Interface - Gig E Interstate 1 $182.12 $0.00
095 Renew Add ENS - Basic Network Bandwidth Interstate 1 $411.88 $0.00
096 Renew Add Ethernet Network Interface - Gig E Interstate 1 $79.66 $0.00
097 Renew Add ENS - Basic Network Bandwidth Interstate 1 $246.34 $0.00
098 Renew Add Ethernet Network Interface - Gig E Interstate 1 $79.66 $0.00
099 Renew Add ENS - Basic Network Bandwidth Interstate 1 $246.34 $0.00
100 --$0.00 $0.00
101 --$0.00 $0.00
102 --$0.00 $0.00
* Services Location Details attached Charges are Exclusive of Equipment Fees PAGE 3 SUBTOTAL:$5,764.10 $0.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
City of Boynton Beach / 234 NW 10TH AVE-
City of Boynton Beach / 234 NW 10TH AVE-
City Hall / 100 E OCEAN AVE-FL 3RD
City Hall / 100 E OCEAN AVE-FL 3RD
Fire Station 5 / 2080 HIGH RIDGE RD
PD / 2100 HIGH RIDGE RD
PD / 2100 HIGH RIDGE RD
Boyntons Womens Club / 1010 S FEDERAL HWY
Boyntons Womens Club / 1010 S FEDERAL HWY
Senior Center / 1021 S FEDERAL HWY
Senior Center / 1021 S FEDERAL HWY
Tennis & Pickleball / 3111 S CONGRESS AVE
Tennis & Pickleball / 3111 S CONGRESS AVE
The Links / 8020 JOG ROAD
-
-
-
-
-
-
West Water Treatment Plant / 5469 W BOYNTON BCH BLVD,
West Water Treatment Plant / 5469 W BOYNTON BCH BLVD,
Fire Station 5 / 2080 HIGH RIDGE RD
Fire Recue 5 / 2080 HIGH RIDGE RD, PATH B,
Fire Recue 5 / 2080 HIGH RIDGE RD, PATH B,
-
The Links / 8020 JOG ROAD
-
-
Intracoastal Park / 2240 N FEDERAL HWY
Intracoastal Park / 2240 N FEDERAL HWY
Boyntons Womens Club / 1010 S FEDERAL HWY
Boyntons Womens Club / 1010 S FEDERAL HWY
Oceanfront Park / 6415 N OCEAN BLVD
Oceanfront Park / 6415 N OCEAN BLVD
Fire Rescue -2 / 2615 W WOOLBRIGHT RD
Utilities Dept / 124 E WOOLBRIGHT RD
Utilities Dept / 124 E WOOLBRIGHT RD
Hester Community Center / 1901 N SEACREST BLVD
Hester Community Center / 1901 N SEACREST BLVD
Recreation Center / 225 NW 12TH AVE
Recreation Center / 225 NW 12TH AVE
Public Works / 222 NE 9TH AVE
Public Works / 222 NE 9TH AVE
City Hall / 100 E OCEAN AVE-FL 3RD
Service Location Z*
-
PD / 2100 HIGH RIDGE RD
PD / 2100 HIGH RIDGE RD
-
PD Training / 3501 N CONGRESS AVE
PD Training / 3501 N CONGRESS AVE
Fire Rescue -2 / 2615 W WOOLBRIGHT RD
-
-
-
Fire Station 5 / 2080 HIGH RIDGE RD
Fire Station 5 / 2080 HIGH RIDGE RD
Fire Station 5 / 2080 HIGH RIDGE RD
City Hall / 100 E OCEAN AVE-FL 3RD
Service Location A*
100 Mbps
100 Mbps
1 Port
1 Port
Description
1Port
1000 Mbps
1 Port
100 Mbps
1 Port
1 Port
100 Mbps
1 Port
50 Mbps
1 Port
50 Mbps
100 Mbps
1 Port
1 Port
100 Mbps
1000 Mbps
Solution Charges
1Port
Static IP
1Port
200 Mbps
1 Port
50 Mbps
1 Port
100 Mbps
1 Port
100 Mbps
1 Port
1 Port
50 Mbps
20 Mbps
1000 Mbps
100 Mbps
1 Port
400 Mbps
1 Port
50 Mbps
1 Port
20 Mbps
1 Port
1000 Mbps
1 Port
192
Account Name:Date:
MSA ID#:SO ID#:
COMCAST ENTERPRISE SERVICES SALES ORDER FORM
Fl-4858162-CMunr-24841674Fl-4858162-CMunr
6/1/2023City of Boynton Beach
SERVICES AND PRICING
PAGE 4 of 7
Line Request Action Service(s)Tax Jurisdiction Qty Monthly One-Time
103 --$0.00 $0.00
104 --$0.00 $0.00
105 --$0.00 $0.00
106 --$0.00 $0.00
107 --$0.00 $0.00
108 --$0.00 $0.00
109 --$0.00 $0.00
110 --$0.00 $0.00
111 --$0.00 $0.00
112 --$0.00 $0.00
113 --$0.00 $0.00
114 --$0.00 $0.00
115 --$0.00 $0.00
116 --$0.00 $0.00
117 --$0.00 $0.00
118 --$0.00 $0.00
119 --$0.00 $0.00
120 --$0.00 $0.00
121 --$0.00 $0.00
122 --$0.00 $0.00
123 --$0.00 $0.00
124 --$0.00 $0.00
125 --$0.00 $0.00
126 --$0.00 $0.00
127 --$0.00 $0.00
128 --$0.00 $0.00
129 --$0.00 $0.00
130 --$0.00 $0.00
131 --$0.00 $0.00
132 --$0.00 $0.00
133 --$0.00 $0.00
134 --$0.00 $0.00
135 --$0.00 $0.00
136 --$0.00 $0.00
137 --$0.00 $0.00
138 --$0.00 $0.00
139 --$0.00 $0.00
140 --$0.00 $0.00
141 --$0.00 $0.00
142 --$0.00 $0.00
143 --$0.00 $0.00
144 --$0.00 $0.00
145 --$0.00 $0.00
146 --$0.00 $0.00
147 --$0.00 $0.00
148 --$0.00 $0.00
149 --$0.00 $0.00
150 --$0.00 $0.00
151 --$0.00 $0.00
152 --$0.00 $0.00
153 --$0.00 $0.00
* Services Location Details attached Charges are Exclusive of Equipment Fees PAGE 4 SUBTOTAL:$0.00 $0.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Service Location Z*Service Location A*
Solution Charges
Description
193
Date:6/1/2023 MSA ID#:SO ID#:Account Name:
Line State
Incremental
Equipment
Fee
1 FL $0.00
2 FL $0.00
3 FL $0.00
4 FL $0.00
5 FL $0.00
6 FL $0.00
7 FL $0.00
8 FL $0.00
9 FL $0.00
10 FL $0.00
11 FL $0.00
12 FL $0.00
13 FL $0.00
14 FL $0.00
15 FL $0.00
16 FL $0.00
17 FL $0.00
18 FL $0.00
19 FL $0.00
20 FL $0.00
21 FL $0.00
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
Technical Contact On Site
(Yes/No)
Yes
PAGE 5 of 7
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Intracoastal Park 2240 N FEDERAL HWY Boynton Beach 33435
City of Boynton Beach 1550 N FEDERAL HWY, STE 12 Boynton Beach 33435
Boynton Beach PD 2100 HIGH RIDGE RD Boynton Beach 33435
Boynton Beach City Library 100 E OCEAN AVE PATH A Boynton Beach 33426
City of Boynton Beach 234 NW 10TH AVE-Boynton Beach 33435
The Links 8020 JOG ROAD Boynton Beach 33472
Tennis & Pickleball 3111 S CONGRESS AVE Boynton Beach 33426
Fire Recue 5 2080 HIGH RIDGE RD, PATH B,Boynton Beach 33426
West Water Treatment Plant 5469 W BOYNTON BCH BLVD,Boynton Beach 33437
Public Works 222 NE 9TH AVE Boynton Beach 33435
Recreation Center 225 NW 12TH AVE Boynton Beach 33486
Fire Station 5 2080 HIGH RIDGE RD Boynton Beach 33426
Senior Center 1021 S FEDERAL HWY Boynton Beach 33435
Hester Community Center 1901 N SEACREST BLVD Boynton Beach 33435
Oceanfront Park 6415 N OCEAN BLVD Boynton Beach 33435
Utilities Dept 124 E WOOLBRIGHT RD Boynton Beach 33435
Fire Rescue -2 2615 W WOOLBRIGHT RD Boynton Beach 33436
PD Training 3501 N CONGRESS AVE Boynton Beach 33426
PD 2100 HIGH RIDGE RD Boynton Beach 33426
561-742-6168 fergusons@bbfl.us
City Hall 100 E OCEAN AVE-FL 3RD Boynton Beach 33435
Path A 2080 HIGH RIDGE RD Boynton Beach 33426 Seymour Ferguson
COMCAST ENTERPRISE SERVICES SALES ORDER FORM
SERVICE LOCATION DETAIL INFORMATION
Fl-4858162-CMunr Fl-4858162-CMunr-24841674 City of Boynton Beach
Location Name/Site ID Address 1 Address 2 City Zip Code Technical/Local
Contact Name
Technical/Local
Contact Phone #
Technical/Local Contact Email
Address
194
Date:6/1/2023 MSA ID#:SO ID#:Account Name:
COMCAST ENTERPRISE SERVICES SALES ORDER FORM
SERVICE LOCATION DETAIL INFORMATION
Fl-4858162-CMunr Fl-4858162-CMunr-24841674 City of Boynton Beach
Line State
Incremental
Equipment
Fee
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
Technical Contact On Site
(Yes/No)Zip CodeLocation Name/Site ID Technical/Local Contact Email
AddressAddress 1 Address 2 City
PAGE 6 of 7
Technical/Local
Contact Name
Technical/Local
Contact Phone #
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
195
Date:6/1/2023 MSA ID#:SO ID#:Account Name:
Service Term: 60 MONTHS
Site # Full PRI
# Additional
Channels
PORT 1
# Additional
Channels
PORT 2
# Additional
Channels
PORT 3
# Additional
Channels
PORT 4
# Additional
Channels
PORT 5
# Additional
Channels
PORT 6
# Additional
Channels
PORT 7
# Additional
Channels
PORT 8
SIP
Trunk
CCS
# of 1
TN
Blocks
# of 20
TN
Blocks
# of 100
TN
Blocks
# of
200 TN
Blocks
# of
1000 TN
Blocks
# of Trunk
Groups with
DNIS
Existing
Customer
Existing
Customer
MRC
Existing
Customer
Equip Fee
MRC
Total
Customer
MRC
Incremental
Monthly
Equipment
Fee
1 $0.00 $0.00 $0.00 $0.00
2 $0.00 $0.00 $0.00 $0.00
3 $0.00 $0.00 $0.00 $0.00 $0.00
4 $0.00 $0.00 $0.00 $0.00
5 $0.00 $0.00 $0.00 $0.00
6 $0.00 $0.00 $0.00 $0.00
7 $0.00 $0.00 $0.00 $0.00 $0.00
8 $0.00 $0.00 $0.00 $0.00 $0.00
9 $0.00 $0.00 $0.00 $0.00 $0.00
10 $0.00 $0.00 $0.00 $0.00 $0.00
11 $0.00 $0.00 $0.00 $0.00 $0.00
12 $0.00 $0.00 $0.00 $0.00 $0.00
13 $0.00 $0.00 $0.00 $0.00 $0.00
14 $0.00 $0.00 $0.00 $0.00 $0.00
15 $0.00 $0.00 $0.00 $0.00 $0.00
16 $0.00 $0.00 $0.00 $0.00 $0.00
17 $0.00 $0.00 $0.00 $0.00 $0.00
18 $0.00 $0.00 $0.00 $0.00 $0.00
19 $0.00 $0.00 $0.00 $0.00 $0.00
20 $0.00 $0.00 $0.00 $0.00 $0.00
21 $0.00 $0.00 $0.00 $0.00 $0.00
22 $0.00 $0.00 $0.00 $0.00 $0.00
23 $0.00 $0.00 $0.00 $0.00 $0.00
24 $0.00 $0.00 $0.00 $0.00 $0.00
25 $0.00 $0.00 $0.00 $0.00 $0.00
26 $0.00 $0.00 $0.00 $0.00 $0.00
27 $0.00 $0.00 $0.00 $0.00 $0.00
28 $0.00 $0.00 $0.00 $0.00 $0.00
29 $0.00 $0.00 $0.00 $0.00 $0.00
30 $0.00 $0.00 $0.00 $0.00 $0.00
31 $0.00 $0.00 $0.00 $0.00 $0.00
32 $0.00 $0.00 $0.00 $0.00 $0.00
33 $0.00 $0.00 $0.00 $0.00 $0.00
34 $0.00 $0.00 $0.00 $0.00 $0.00
35 $0.00 $0.00 $0.00 $0.00 $0.00
36 $0.00 $0.00 $0.00 $0.00 $0.00
37 $0.00 $0.00 $0.00 $0.00 $0.00
Page 7 Total:$0.00 $0.00 $0.00 $0.00
COMCAST TRUNK SERVICES SALES ORDER FORM
SUMMARY OF TRUNK SERVICES AND PRICING
Fl-4858162-CMunr-24841674 City of Boynton BeachFl-4858162-CMunr
$0.00
$0.00
$0.00
$0.00
$0.00
PAGE 7 of 7
Location Name/Site ID
# of 500
TN
Blocks
Monthly
Call Detail
Record
Standard
Installation Fees
# of Toll
Free #'s
# of
Trunk
Groups
# of
RCF
TNs
Solution Charges
Incremental
Monthly Recurring
Charges
$0.00
$0.00
$0.00
$0.00
$0.00$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
#
Fractional
PRI
$0.00
$0.00
$0.00
196
Account Name MSA ID Date Generated
City of Boynton Beach Fl-4858162-CMunr
Title:Address 1:
MASTER SERVICES AGREEMENT (MSA)
COMCAST ENTERPRISE SERVICES
MSA Term:
CUSTOMER INFORMATION
Primary Contact Primary Contact Address Information
Phone:Address 2:
Cell: City:
Fax:State:
Date:
Email: Zip Code:
This Comcast Enterprise Services Master Services Agreement ("Agreement" or “MSA”) sets forth the terms and conditions under which
Comcast Cable Communications Management, LLC and its operating affiliates ("Comcast") will provide communications and other services
("Services") to the above customer (“Customer”) and is effective as of the date of Customer’s signature below (the “Effective Date”). The
Agreement consists of this Master Service Agreement Cover Page executed by Customer (this "Cover Page"), the Comcast Enterprise
Services General Terms and Conditions ("General Terms and Conditions"), any written amendments to the Agreement executed by both
parties ("Amendments"), each Product-Specific Attachment for the applicable Services ("PSA(s)") and each Sales Order accepted by
Comcast hereunder ("Sales Orders"). In the event of any inconsistency among these documents, the order of precedence will be as follows:
(1) Amendments (if any), (2) this Cover Page, (3) PSA(s), (4) General Terms and Conditions and (5) Sales Orders. This Agreement shall be
legally binding when signed by Customer and shall continue in effect until the expiration date of any Service Term specified in a Sales Order
referencing the Agreement, unless terminated earlier in accordance with the Agreement.
Customer may submit Sales Orders to Comcast during the term of this Agreement ("MSA Term"). After the expiration of the initial MSA
Term, Comcast may continue to accept Sales Orders from Customer under the Agreement, or require the parties to execute a new MSA.
The Agreement shall terminate in accordance with the General Terms and Conditions. The General Terms and Conditions and PSAs are
located at https://business.comcast.com/terms-conditions-ent. Use of the Services is also subject to the then-current Acceptable Use Policy
for High-Speed Internet Services (the "AUP") located at https://business.comcast.com/customer-notifications/acceptable-use-policy (or any
successor URL), and the then-current Privacy Statement (the “Privacy Policy") located at https://business.comcast.com/privacy-
statement_new (or any successor URL). Comcast may update the General Terms and Conditions, PSAs, AUP and Privacy Policy from time
to time upon posting to the Comcast website.
Services are only available to commercial customers in serviceable areas. Services may not be transferred without the prior written consent
of Comcast as set forth in more details in the General Terms and Conditions. Minimum Service Terms are required for most Services and
early termination fees may apply. Service Terms are identified in each Sales Orders, and early termination fees are identified in the
applicable PSAs.
BY SIGNING BELOW, CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
CUSTOMER (by authorized representative)
Signature:
Name:
Title:
197
VERSION 4.0 Effective as of November 2, 2022
COM:993548v4
COM:1543692v1
COMCAST ENTERPRISE SERVICES
GENERAL TERMS AND CONDITIONS
(“General Terms and Conditions”)
ARTICLE 1. DEFINITIONS
For purposes of these General Terms and Conditions, the
following terms shall have the meanings specified below.
Affiliate: With respect to each party, any entity that controls, is
controlled by, or is under common control with such party. For
the purposes of this definition, “control” shall mean ownership
of at least fifty percent (50%) of the voting stock or other voting
ownership interest in an entity.
Agreement: Collectively, these General Terms and Conditions,
the Enterprise Master Services Agreement Cover Page executed
by the Customer and accepted by Comcast, any applicable
Product Specific Attachment, and each binding Sales Order
and/or Statement of Work.
Comcast: The operating Affiliate of Comcast Cable
Communications Management, LLC that provides the Services.
References to Comcast in Article 5 and Article 6 shall also
include its Affiliates and their respective directors, officers, and
employees.
Comcast Equipment: Any and all facilities, equipment or
devices provided by Comcast or its authorized contractors at the
Service Location(s) that are used to deliver the Services.
Notwithstanding the foregoing, inside telephone wiring within
a Service Location, whether or not installed by Comcast, shall
not be considered Comcast Equipment.
Confidential Information: All information regarding either
party’s business that has been marked or is otherwise
communicated as being “proprietary” or “confidential” or
which reasonably should be known by the receiving party to be
proprietary or confidential information. Without limiting the
foregoing, Confidential Information shall include, even if not
marked or otherwise designated as proprietary, the Agreement,
all Licensed Software, promotional materials, proposals,
quotes, rate information, discount information, subscriber
information, network upgrade information and schedules,
network operation information (including without limitation
information about outages and planned maintenance), and
invoices, as well as the parties’ communications regarding such
items. Confidential Information does not include any data
transmitted over or through the Services.
Customer: The entity named on the Enterprise Services Master
Service Agreement Cover Page.
Customer-Provided Equipment: All facilities, equipment,
and devices supplied by Customer, or by a party not contracted
by Comcast, for use in connection with the Services.
Network: The Comcast Equipment, fiber optic, or coaxial
cable associated with electronics and other equipment used to
provide the Services, including any such equipment not located
on or at the Service Location(s).
Product Specific Attachment(s) or PSA(s): The additional
terms and conditions applicable to each of the Services ordered
by Customer under the Agreement.
Sales Order: An order form for the provision of Services to a
Service Location(s) on (a) the then-current Comcast form
designated for such purpose or (b) such other form, or in such
other manner, as may be agreed upon by the parties. Unless
otherwise indicated herein, each Statement of Work shall be
considered a Sales Order.
Service(s): Service(s) provided by Comcast pursuant to a Sales
Order or Statement of Work. All Services provided under the
Agreement are for commercial, non-residential use only.
Except as expressly provided in a Sales Order, Statement of
Work, or PSA, all Services provided under the Agreement are
for domestic use only.
Service Commencement Date: With respect to each Service,
“Service Commencement Date” shall have the meaning
specified in the PSA applicable to such Service or in the
Statement of Work, it being understood that a single Sales
Order containing multiple Service Locations or Services may
have multiple Service Commencement Dates.
Service Location(s): The Customer location(s) where Comcast
provides the Services.
Service Term: As specified in a Sales Order or Statement of
Work, the duration of time (which shall commence on the
Service Commencement Date) for which Services are ordered.
Statement of Work (SOW): The specific terms under which
Comcast will provide certain customized services to Customer,
including all attached appendices and exhibits, if any.
Termination Charges: Charges that may be imposed by
Comcast upon early termination of a Service as specified in the
applicable PSA.
Website: The Comcast website where the General Terms and
Conditions, PSAs, the Privacy Policy, and the AUP are posted.
The current URL for the Website is
https://business.comcast.com/terms-conditions-ent (as the
same may be updated by Comcast from time-to-time).
ARTICLE 2. DELIVERY OF SERVICE
2.1 Orders. To request Service at a Service Location(s),
Customer may request from Comcast a Sales Order or SOW. If
Customer wishes to move forward with the provision of the
requested Service(s), Customer shall sign and return the Sales
Order or SOW to Comcast. For purposes of Sales Orders, upon
198
Enterprise Services General Terms and Conditions Ver. 4.0 – November 2, 2022
Customer’s signature, the Sales Order will become binding,
subject to an engineering review. SOWs shall not become
binding unless and until executed by both Parties. Each Sales
Order or SOW submitted by Customer may be subject to an
engineering review which will determine wheth er and to what
extent the Network must be extended, built, or upgraded in
order to provide the ordered Services. After any such
engineering review, Comcast will provide Customer written
notification in the event Service installation at any Service
Location will require an additional non-recurring installation
fee (“Custom Installation Fee” or “Construction Charges”).
Notwithstanding anything to the contrary contained in this
Article 2.1, Customer shall have thirty (30) days from receipt
of such notice to reject the Custom Installation Fee and
terminate the affected Service Location(s). In addition to the
foregoing, if Comcast’s cost of installing the applicable
Services (including any applicable construction costs) increases
following Customer’s acceptance of the Custom Installation
Fee such that Comcast’s internal rate of return for the applicable
Services is unacceptable to Comcast, as reasonably determined
by Comcast, then (i) Comcast may increase the monthly
recurring charge or Custom Installation Fee, as agreed to by
Customer or (ii) if Customer does not agree to such increase,
Comcast may terminate the applicable Services to the affected
Service Location upon ten (10) days’ notice to Customer ,
without penalty.
2.2 Access. To deliver Services to Customer, Comcast
may require access, right-of-way, conduit, and/or common
room space within and/or outside each Service Location and
facility containing the Service Location (“Access”). Within
each Service Location and facility containing the Service
Location, Customer shall be solely responsible for securing and
maintaining such Access as Comcast may require to deliver the
Services. In the event that Customer fails to secure or maintain
such Access, Comcast (i) may upon thirty (30) days prior
written notice cancel or terminate Service at such Service
Location and such termination shall be subject to applicable
Termination Charges and (ii) shall be excused from its
obligations with respect to the Service(s) at such Service
Location (including any obligation to issue service credits) until
such time as Customer provides Comcast with the necessary
Access. If Comcast is unable to secure or maintain Access
outside a particular Service Location or facility and associated
property containing the Service Location, which Access is
needed to provide Services to such Service Location, Customer
or Comcast may cancel or terminate Service at such Service
Location, without further liability beyond the termination date,
upon a minimum thirty (30) days’ prior written notice to the
other party.
2.3 Hazardous Materials. If the presence of asbestos or
other hazardous materials exists or is detected at a Service
Location or within the building where the Service Location is
located, Comcast may immediately stop providing and/or
installing Services until such materials are removed. Customer
shall be responsible for any additional expense incurred by
Comcast as a result of encountering, or in the avoidance of,
hazardous materials.
2.4 Equipment.
A. Comcast Equipment. Comcast may, in its sole
discretion, remove or change Comcast Equipment; provided
that any such removal or change does not cause a material
degradation in the Services. Customer shall not move,
disconnect, attempt to repair, or otherwise tamper with any
Comcast Equipment or permit others to do so, and shall not use
the Comcast Equipment for any purpose other than as
authorized by the Agreement. Customer shall (i) provide an
adequate environmentally controlled space and such electricity
as may be required for installation, operation, and maintenance
of the Comcast Equipment and (ii) be responsible for damage
to, or loss of, Comcast Equipment caused by its acts or
omissions, or by fire, theft, or other casualty at the Service
Location(s), unless caused by the gross negligence or willful
misconduct of Comcast. Any maintenance provided by
Comcast for the Comcast Equipment under this Agreement
shall be at Customer’s cost to the extent it is related to causes
other than the ordinary and proper use of the Comcast
Equipment. Upon termination or expiration of this Agreement
and/or any Sales Order or SOW, Customer shall be responsible
for the return of all applicable Comcast Equipment. Until such
time as the Comcast Equipment is returned to Comcast,
Comcast may continue to invoice Customer for the monthly fee
applicable to such Comcast Equipment. If any returned
Comcast Equipment has been damaged and/or destroyed other
than by Comcast or its agents, normal wear and tear excepted,
Comcast may, in its sole discretion, invoice Customer for the
manufacturer’s list price of such Comcast Equipment or the cost
of repair.
B. Customer-Provided Equipment. Unless otherwise
set forth in an SOW, Customer shall have sole responsibility for
providing maintenance, repair, operation, and replacement of
all Customer-Provided Equipment, inside telephone wiring, and
other Customer equipment and facilities on the Customer's side
of the Demarcation Point. “Demarcation Point” means the point
of interconnection between the Network and Customer-
Provided Equipment located at a Service Location. Neither
Comcast nor its employees, Affiliates, agents, or contractors
shall (i) have any obligation to install, operate, or maintain
Customer-Provided Equipment or (ii) be liable for any damage,
loss, or destruction to Customer-Provided Equipment, unless
caused by the gross negligence or willful misconduct of
Comcast. Customer-Provided Equipment shall at all times be
compatible with the Network. Except as otherwise provided in
an SOW, Customer shall be responsible for the payment of
service charges for visits by Comcast's employees or agents to
a Service Location when the service difficulty or trouble report
results from Customer-Provided Equipment or facilities
provided by a party not contracted by Comcast.
2.5 Network; Intellectual Property.
A. The Network is and shall remain the property of
Comcast regardless of whether installed within, upon,
overhead, above, or underground at or near the Service
Location and shall not be considered a fixture or an addition to
199
Enterprise Services General Terms and Conditions Ver. 4.0 – November 2, 2022
the land or the Service Location(s) located thereon. Customer
agrees that it shall take no action that directly or indirectly
impairs Comcast’s title to the Network, or any portion thereof,
or exposes Comcast to any claim, lien, encumbrance, or legal
process, except as otherwise agreed in writing by the parties.
Nothing in this Agreement shall preclude Comcast from using
the Network for services provided to other Comcast customers,
it being understood that, with respect to any Ethernet Services,
the access circuit between a Service Location and the applicable
Comcast Network gateway switch shall be solely used to
provide the applicable Ethernet Services to Customer.
B. Title and intellectual property rights to (i) the Services
and (ii) any computer software or code provided by Comcast to
use the Services, including, but not limited to, associated
documentation, and all updates thereto (“Licensed Software”)
are, in each case, owned by Comcast, its agents, suppliers, or
affiliates or their licensors or otherwise by the owners of such
material. The copying, redistribution, bundling, or publication
of the Services, in whole or in part, without the express prior
written consent of Comcast or other owner of such material, is
prohibited.
C. The Agreement provides no right to use any party’s or
its Affiliates’ trademarks, service marks, or trade names, or to
otherwise refer to the other party in any marketing,
promotional, or advertising materials or activities.
2.6 License Grant. If Customer requires the use of
Licensed Software from Comcast in order to use the Services,
Customer shall have a nonexclusive, nontransferable, and
limited license to use such Licensed Software in object code
only and solely to the extent necessary to use the applicable
Service during the corresponding Service Term. Customer may
not claim title to, or an ownership interest in, any Licensed
Software (or any derivations or improvements thereto), and
Customer shall execute any documentation reasonably required
by Comcast, including, without limitation, end-user license
agreements, for the Licensed Software. Customer shall not: (i)
copy the Licensed Software (or any upgrades thereto or related
written materials) except for emergency back-up purposes or as
permitted by the express written consent of Comcast; (ii)
reverse engineer, decompile, or disassemble the Licensed
Software; (iii) sell, lease, license, or sublicense the Licensed
Software; or (iv) create, write, or develop any derivative
software or any other software program based on the Licensed
Software. Customer acknowledges that the use of Service may
periodically require, and consents to Comcast’s provision of,
updates and/or changes to the Licensed Software resident in the
Comcast Equipment or Customer Provided-Equipment
(“Updates”). Comcast may perform such Updates remotely or
on-site, at Comcast’s sole discretion. Customer hereby
consents to, and shall provide free Access for, such Updates. If
Comcast has agreed to provide Updates, Comcast will be
excused from the applicable performance criteria and credits,
and any and all liability and indemnification obligations
regarding the applicable Service to the extent resulting from
Customer’s failure to allow Comcast to install any Updates.
ARTICLE 3. BILLING AND PAYMENT
3.1 Charges; Changes to MRC; Taxes.
A. Customer agrees to pay all charges associated with the
Services, including, but not limited to, any fees or payment
obligations in connection with the Services imposed by
governmental or quasi-governmental bodies, or by Comcast, in
connection with the sale, installation, use, or provision of the
Services (e.g., applicable franchise fees, right of way fees, and
Universal Service Fund charges) regardless of whether
Comcast or its Affiliates pay the fees directly or are required or
permitted by law to collect them from Customer. Any failure on
the part of Customer to be ready to receive Service, or any
refusal on the part of Customer to receive Service, shall not
relieve Customer of its obligation to pay charges for any
Service that is otherwise available for use. For the avoidance
of doubt, Comcast shall not be responsible for any purchases
made by Customer or its end users while using the Services.
B. With respect to each Sales Order, Comcast may, upon
thirty (30) days prior written notice to Customer (or such longer
period as may be required by law), modify the monthly
recurring service charges applicable to (i) Ethernet and Internet
Services at any time after the expiration of the initial Service
Term and (ii) any other Services at any time. Customer
acknowledges and agrees that such notice requirement may be
satisfied by including notice of a monthly recurring service
charge modification(s) in a Customer invoice. Customer shall
have thirty (30) days from receipt of any such notice to cancel
the applicable Service without liability for Termination
Charges. Should Customer fail to cancel within such timeframe,
Customer shall be deemed to have accepted the modified
Service pricing. Notwithstanding anything to the contrary
contained in this Article 3.2(B), Comcast may modify
equipment charges upon notice to Customer.
C. Except to the extent Customer provides a valid tax
exemption certificate prior to the delivery of Service, Customer
shall be responsible for the payment of any and all applicable
local, state, and federal taxes or fees (however designated).
Customer shall also be responsible to pay any taxes that become
applicable retroactively.
3.2 Payment Terms; Disputes.
A. Except as otherwise indicated herein or in a PSA,
Comcast will invoice Customer in advance on a monthly basis
for all monthly recurring charges and fees arising under the
Agreement. All other charges will be billed monthly in arrears,
including without limitation, certain usage-based charges.
Payment is due within thirty (30) days after the invoice date. If
a Service Commencement Date is not the first day of a billing
period, Customer’s first monthly invoice shall include any pro-
rated charges for the Services from the Service Commencement
Date to the start of the next billing period. Except to the extent
otherwise prohibited by law, Customer will be assessed a
service charge up to the full amount permitted under applicable
law for any check or other instrument used to pay for the
200
Enterprise Services General Terms and Conditions Ver. 4.0 – November 2, 2022
Services that has been rejected by the bank or other financial
institution. Subject to Customer’s right to dispute charges in
accordance with Article 3.2(B), any payment not made when
due will be subject to a late charge equal to (i) 1.5% per month
or (ii) the highest rate allowed by law, whichever is lower. If
Comcast is required to use a collection agency or attorney to
collect any amount owed by Customer or any unreturned
Comcast Equipment, Customer agrees to pay all reasonable
costs of collection or other action. No acceptance of partial
payment(s) by Comcast shall constitute a waiver of any rights
to collect the full balance owed under the Agreement.
B. If Customer disputes any portion of an invoice,
Customer shall pay the undisputed portion of the invoice and
submit a written claim, including all substantiating
documentation, to Comcast for the disputed amount of the
invoice by the invoice due date. The parties shall negotiate in
good faith to resolve any billing dispute submitted by Customer
pursuant to this Article 3.2(B). Under no circumstances may
Customer submit a billing dispute to Comcast later than ninety
(90) days following the invoice date.
3.3 Credit Approval and Deposits. Delivery of Services
may be subject to credit approval. Customer authorizes
Comcast to make inquiries and to receive information about
Customer’s credit history from others and to enter this
information in Customer’s records. Comcast, in its sole
discretion, may deny the Services based upon an unsatisfactory
credit history. Subject to applicable regulations, Comcast may
require Customer to make a deposit as a condition to Comcast’s
provision of the Services.
ARTICLE 4. TERM & TERMINATION
4.1 Sales Order Term. Upon the expiration of the Service
Term applicable to a Sales Order, each Service Term shall
automatically renew for successive periods of one (1) year each
(each, a “Renewal Term”), unless prior written notice of non -
renewal is delivered by either party to the other at least thirty
(30) days before the expiration of the Service Term or the then
current Renewal Term. To the extent the initial Service Term or
a Renewal Term applicable to a Sales Order extends beyond the
expiration date of the MSA Term, such Sales Order shall
continue to be governed by the terms and conditions of the
Agreement. The MSA Term commences on the Effective Date
and continues for the time set forth on the Master Services
Agreement Cover Page.
4.2 Termination for Convenience. Notwithstanding any
other term or provision in this Agreement, Customer shall have
the right, in its sole discretion, to terminate any or all Sales
Order(s) or SOW(s) at any time, upon thirty (30) days prior
written notice to Comcast (subject to applicable Termination
Charges).
4.3 Termination for Cause.
A. If either Party is in material breach of the Agreement
and the breach continues unremedied for thirty (30) days after
written notice of default, the other party may terminate for
cause any Sales Order or SOW materially affected by the
breach. In addition to its other remedies, if the Customer is in
breach of a payment obligation and fails to make payment in
full within thirty (30) days after written notice of default,
Comcast may suspend the Service(s) under the affected Sales
Order(s) or SOW(s).
B. Subject to applicable law, either party may terminate
a Sales Order or SOW immediately upon notice to the other
party if the other party has become insolvent as defined under
the U.S. Bankruptcy Code, institutes or has instituted against it
any bankruptcy, reorganization, det arrangement or assignment
for the benefit of creditors, other proceeding under any
bankruptcy or insolvency law or dissolution, receivership, or
liquidation proceeding (and if such proceeding is instituted
against it, such proceeding is not dismissed within sixty (60)
days).
C. Comcast may terminate any Sales Order and/or the
Agreement immediately if Customer or its employees, agents,
or representatives threaten, harass, or use vulgar or
inappropriate language toward Comcast personnel.
4.4 Effect of Expiration/Termination of a Sales Order
or SOW. Upon the expiration or termination of a Sales Order
or SOW for any reason, Comcast (i) shall disconnect the
applicable Service and (ii) may assess and collect from
Customer applicable Termination Charges (unless the Service
is terminated by Customer pursuant Article 4.3 above).
Termination by either party of a Sales Order or SOW does not
waive any other rights or remedies that it may have under this
Agreement.
ARTICLE 5. LIMITATION OF LIABILITY;
DISCLAIMER OF WARRANTIES
5.1 Limitation of Liability.
A. THE AGGREGATE LIABILITY OF COMCAST
AND ITS AGENTS, SUPPLIERS, AND LICENSORS FOR
ANY AND ALL LOSSES, DAMAGES, AND CAUSES OF
ACTION ARISING OUT OF THE AGREEMENT,
INCLUDING, BUT NOT LIMITED TO, THE
PERFORMANCE OF SERVICE, AND NOT
OTHERWISE LIMITED HEREUNDER, WHETHER IN
CONTRACT, TORT, OR OTHERWISE, SHALL NOT
EXCEED DIRECT DAMAGES EQUAL TO THE SUM
TOTAL OF PAYMENTS MADE BY CUSTOMER TO
COMCAST DURING THE THREE (3) MONTHS
IMMEDIATELY PRECEDING THE EVENT FOR
WHICH DAMAGES ARE CLAIMED. THIS
LIMITATION SHALL NOT APPLY TO
INDEMNIFICATION OBLIGATIONS.
B. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN THIS AGREEMENT,
NEITHER PARTY SHALL BE LIABLE TO THE OTHER
FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
COVER, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, WHETHER OR NOT FORESEEABLE, OF
201
Enterprise Services General Terms and Conditions Ver. 4.0 – November 2, 2022
ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY
LOSS OF REVENUE, LOSS OF USE, LOSS OF
BUSINESS, OR LOSS OF PROFIT WHETHER SUCH
ALLEGED LIABILITY ARISES IN CONTRACT OR
TORT; PROVIDED, THAT, THE FOREGOING
LIMITATION SHALL NOT LIMIT CUSTOMER’S
LIABILITY FOR CHARGES OWED FOR THE
SERVICES, FOR ANY EQUIPMENT OR SOFTWARE
PROVIDED BY COMCAST, OR FOR TERMINATION
CHARGES.
C. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN THE AGREEMENT, IN
NO EVENT SHALL THE AGGREGATE LIABILITY OF
COMCAST AND ITS AGENTS, SUPPLIERS, AND
LICENSORS UNDER THIS AGREEMENT FOR ALL
INDEMNIFICATION OF INTELLECTUAL PROPERTY
CLAIMS UNDER SECTION 6(i) OF THESE GENERAL
TERMS AND CONDITIONS EXCEED THE GREATER
OF (I) ONE (1) MILLION DOLLARS ($1,000,000) AND
(II) THE SUM TOTAL OF PAYMENTS MADE BY
CUSTOMER DURING THE TWELVE (12) MONTH
PERIOD IMMEDIATELY PRECEDING THE DATE ON
WHICH THE INTELLECTUAL PROPERTY CLAIM
FIRST AROSE.
5.2 Disclaimer of Warranties.
A. TO THE MAXIMUM EXTENT ALLOWED BY
LAW, COMCAST EXPRESSLY DISCLAIMS ALL
EXPRESS, IMPLIED, AND/OR STATUTORY
WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. Without limiting the generality of
the foregoing, and except as otherwise identified in a PSA or
SOW, Comcast does not warrant that the Services, Comcast
Equipment, or Licensed Software will be uninterrupted, error -
free, or free of latency or delay, or that the Services, Comcast
Equipment, or Licensed Software will meet Customer's
requirements, or that the Services, Comcast Equipment, or
Licensed Software will prevent unauthorized access by third
parties. Customer acknowledges and agrees that the Services
are not fail-safe and are not designed or intended for use in
situations requiring fail-safe performance or in which an error
or interruption in the Services could lead to severe injury to
business, persons, property, or environment.
B. Notwithstanding anything to the contrary contained in
the Agreement, in no event shall Comcast and its agents,
suppliers, and licensors be liable for any loss, damage, or claim
arising out of or related to: (1) content or data received or
distributed by Customer or its users through the Services; (2)
any act or omission of Customer, its users, or third parties not
under the control of Comcast; (3) interoperability, interaction,
or interconnection of the Services with applications, equipment,
services, or networks provided by Customer or third parties not
under the control of Comcast; or (4) loss or destruction of any
Customer hardware, software, files, or data resulting from any
virus or other harmful feature or from any attempt to remove it.
Customer is solely responsible for backing up its data, files, and
software prior to the installation of Service and at regular
intervals thereafter.
5.3 Exclusive Remedies. Customer’s sole and exclusive
remedies are as expressly set forth in the Agreement. In those
states where Customer’s remedies cannot be so limited, the
liability of Comcast is limited to the maximum extent permitted
by law.
ARTICLE 6. INDEMNIFICATION
6.1 Comcast’s Indemnification Obligations. Subject to
Sections 5.1(B) and 5.1(C) and any other limitations contained in
the Agreement, Comcast shall indemnify, defend, and hold
harmless Customer, its Affiliates and their respective employees,
directors, officers, and agents from and against all damages,
liabilities, losses, and expenses (including reasonable attorneys’
fees) arising out of a claim or demand by a third party (“Claims”)
incurred as a result of (i) infringement of U.S. patent or copyright
law based solely on Comcast Equipment or Licensed Software;
provided, that, Comcast shall have no liability for any claim of
infringement arising from: (a) Comcast’s compliance with any
designs, specifications, or instructions of Customer; (b)
modification or alteration of the Licensed Software or Comcast
Equipment by Customer or a third party without the prior
knowledge and written approval of an authorized officer of
Comcast; (c) use of the Licensed Software or Comcast Equipment
in a way not authorized in writing by an authorized officer of
Comcast; and/or (d) Customer’s failure to use an updated version
of the Licensed Software or Comcast Equipment which has been
provided, or made available, to Customer and (ii) damage to
tangible personal property or real property, and personal injuries
(including death) to the extent caused by the gross negligence or
willful misconduct of Comcast while working on the Service
Locations. For purposes of this Article 6.1, any claims by any end-
user of the Services shall not be included in the definition of
Claims.
6.2 Customer’s Indemnification Obligations. Subject to
Section 5.1(B), Customer shall indemnify, defend, and hold
harmless Comcast and its agents, suppliers, and licensors from
any and all Claims arising on account of or in connection with
Customer’s and its users’ use or sharing of the Service provided
under the Agreement, including with respect to: (i) any content
received or distributed by Customer or its users through the
Service; (ii) libel, infringement of copyright, or unauthorized use
of trademark, trade name, or service mark arising out of
communications via the Service; (iii) for patent infringement
arising from Customer’s combining or connection of Customer-
Provided Equipment to use the Service; and (iv) for damage
arising out of the gross negligence or willful misconduct of
Customer.
6.3 Indemnification Procedures. To the extent a party
may be entitled to indemnification under this Agreement (an
“Indemnified Party”), such Indemnified Party shall (i) promptly
notify the other party (the “Indemnifying Party”) in writing of
any pending or threatened Claim that gives rise to a right of
202
Enterprise Services General Terms and Conditions Ver. 4.0 – November 2, 2022
indemnification (an “Action”) and (ii) cooperate in every
reasonable way to facilitate the defense or settlement of such
Action. The Indemnifying Party shall assume the defense of any
Action with counsel selected by the Indemnifying Party. The
Indemnified Party may employ its own counsel in any such case
and shall pay such counsel’s fees and expenses. The
Indemnifying Party shall have the right to settle any Action;
provided, however, that to the extent that such settlement
requires the Indemnified Party to take or refrain from taking any
action or purports to obligate the Indemnified Party, then the
Indemnifying Party shall not settle such Action without the
prior written consent of the Indemnified Party, which consent
shall not be unreasonably withheld, conditioned, or delayed.
ARTICLE 7. CONFIDENTIAL INFORMATION AND
PUBLICITY
7.1 Disclosure and Use. All Confidential Information
disclosed by either party shall, during the term of the
Agreement and for two (2) years after the expiration or
termination thereof (or such longer period as may be required
by law), not be disclosed to any third party without the
disclosing party’s express written consent. Notwithstanding the
foregoing, such information may be disclosed (A) to the
receiving party’s employees, affiliates, and agents who have a
need to know for the purpose of performing under this
Agreement, using the Services, and rendering the Services
(provided that in all cases the receiving party shall take
appropriate measures prior to disclosure to its employees,
affiliates, and agents designed to protect against unauthorized
use or disclosure) or (B) as otherwise authorized by this
Agreement. Each party’s confidentiality obligations hereunder
shall not apply to information that: (A) is already known to the
receiving party without a pre-existing restriction as to
disclosure; (B) is or becomes publicly available without fault of
the receiving party; (C) is rightfully obtained by the receiving
party from a third party without restriction as to disclosure or is
approved for release by written authorization of the disclosing
party; or (D) is developed independently by the receiving party
without use of the disclosing party’s Confidential Information.
Each party agrees to treat all Confidential Information of the
other in the same manner as it treats its own proprietary
information, but in no case using less than a reasonable degree
of care. If either party is required to disclose Confidential
Information pursuant to a judicial order or other compulsion of
law, such party shall be permitted to make such disclosure
provided that it: (a) limits the disclosure to only that
information which is required to be disclosed by such order or
legal requirement, (b) if permitted, provides the disclosing party
with prompt notice of such order or legal requirement, and (c)
reasonably assists the disclosing party in obtaining a protective
order, if requested and at the disclosing party’s expense.
7.2 Publicity. Neither party shall issue any publication or
press release relating to, or otherwise disclose the existence of,
the terms and conditions of any contractual relationship
between Comcast and Customer without the prior written
consent of the other party.
7.3 Remedies. Notwithstanding any other Article of this
Agreement, the non-breaching party shall be entitled to seek
equitable relief to protect its interests pursuant to this Article 7,
including, but not limited to, injunctive relief.
ARTICLE 8. PROHIBITED USES; COMCAST
POLICIES
8.1 Prohibited Uses; Comcast Policies. Customer is
prohibited from using, or permitting the use of, any Service (i)
for any purpose in violation of any law, rule, regulation, or
policy of any government authority; (ii) in violation of the
Comcast Acceptable Use Policy (“AUP”) available on the
Website; (iii) for any use as to which Customer has not obtained
all required government approvals, authorizations, licenses,
consents, or permits; or (iv) to interfere unreasonably with the
use of Comcast service by others or the operation of the
Network. Customer is responsible for the compliance of its
users with the provisions of the Agreement. Customer
acknowledges and agrees that use of the Services, including by
Customer, its Affiliates, and any users, shall be subject to the
AUP. Notwithstanding anything to the contrary contained in
Section 4.3, Comcast reserves the right to act immediately and
without notice to (a) terminate or suspend the Agreement and/or
any Services if Comcast determines that such use or
information is in violation of this Article 8.1 and such
termination will constitute a termination for cause and (b)
terminate or suspend the Services in the event of fraudulent use
of the Services. Customer acknowledges and agrees that
Comcast is not obligated to detect or report unauthorized or
fraudulent use of the Services to Customer.
8.2 Privacy Policy. Comcast will comply with the
Comcast Privacy Policy (“Privacy Policy”) which is available
at the Website. Comcast is not responsible for any information
provided by Customer to third parties and Customer assumes
all privacy and other risks associated with providing personally
identifiable information to third parties via the Services.
8.3 Prohibition on Resale. Customer may not sell, resell,
sublease, assign, license, sublicense, share, provide, or
otherwise utilize in conjunction with a third party (including,
without limitation, in any joint venture or as part of any
outsourcing activity) the Services or any component
thereof. For the avoidance of doubt, this prohibition includes
Customer bundling the Services with any services or
components of Customer that are then sold to end users of any
kind.
8.4 Monitoring. Comcast shall have no obligation to
monitor postings or transmissions made in connection with the
Services, however, Customer acknowledges and agrees that
Comcast and its agents shall have the right to monitor any such
postings and transmissions from time to time and to use and
disclose them in accordance with this Agreement, and as
otherwise required by law or government request. Comcast
reserves the right to refuse to upload, post, publish, transmit or
store any information or materials, in whole or in part, that, in
Comcast’s sole discretion, is unacceptable, undesirable or in
violation of this Agreement.
203
Enterprise Services General Terms and Conditions Ver. 4.0 – November 2, 2022
ARTICLE 9. MISCELLANEOUS TERMS
9.1 Force Majeure. Neither party nor its Affiliates shall
be liable to the other party for any delay, failure in performance,
loss, or damage to the extent caused by force majeure
conditions such as acts of God, fire, explosion, power blackout,
cable cuts, acts of regulatory or governmental agencies,
unforeseeable third party actions, or other causes beyond the
party’s reasonable control, except that Customer’s obligation to
pay for Services provided under the Agreement shall not be
excused. Changes in economic, business, or competitive
condition shall not be considered force majeure events.
9.2 Assignment or Transfer. Customer shall not assign
any right, obligation, or duty, in whole or in part, nor any other
interest hereunder, without the prior written consent of
Comcast, which shall not be unreasonably withheld. Any
assignment in violation of this provision shall be deemed null
and void. All obligations and duties of either party hereunder
shall be binding on all successors-in-interest and permitted
assigns of such party.
9.3 Notices. Except as otherwise identified herein, any
notice sent pursuant to the Agreement shall be deemed given
and effective when sent by e-mail (confirmed by certified mail),
or when delivered by overnight express or other express
delivery service, in each case, to the following addresses (or to
such other addresses as a party may designate by written notice
to the other party): (i) with respect to Customer, to the address
set forth on any Sales Order; or (ii) with respect to Comcast, to:
Vice President of Sales Operations (Comcast Business), One
Comcast Center, 1701 JFK Blvd., Philadelphia, PA 19103, with
a copy to Legal_Notices@comcast.com. Alternatively,
Customer may send termination notice to Comcast through the
Comcast disconnection portal found at the following URL:
https://business.comcast.com/landingpage/disconnect (as the
same may be updated by Comcast from time-to-time).
9.4 Amendments; Changes to the Agreement.
A. The Agreement may not be amended except by a
written agreement executed by the parties; provided, that,
notwithstanding the foregoing, Comcast may change or modify
these General Terms and Conditions and the PSAs, and any
related policies (including the AUP and Privacy Policy) from
time to time (“Revisions”) by posting such Revisions to the
Website. The Revisions are effective upon posting to the
Website. Customer will receive notice of any Revisions in the
next applicable monthly invoice. Customer shall have thirty
(30) calendar days from the invoice notice of such Revisions to
provide Comcast with written notice that the Revisions
adversely affect Customer’s use of the Service(s). If, after such
notice, Comcast is able to verify such adverse effect but is
unable to reasonably mitigate the Revisions’ impact on such
Services, then Customer may terminate the impacted Service(s)
without further obligation (including Termination Charges) to
Comcast beyond the termination date. This shall be Customer’s
sole and exclusive remedy for any Revisions. Customer
acknowledges and agrees that terms or conditions contained in
any Customer purchase order or similar Customer order form
(regardless of whether executed by Comcast), or restrictive
endorsements or other statements on any Customer form of
payment, shall be void and of no force or effect. Without
limitation to the foregoing, if (i) Customer requires Comcast to
execute a Customer purchase order or other Customer order
form for a Service or as a condition to receiving payment for
the same and (ii) Comcast executes such purchase order or
Customer order form, Customer acknowledges and agrees that
(1) Comcast’s execution is solely for the purpose of assisting
Customer in satisfying its internal procurement requirements
and (2) any terms and conditions contained in such purchase
order or Customer order form shall be null and void and of no
force or effect.
B. The parties acknowledge that the respective rights and
obligations of each party as set forth in this Agreement are
based on applicable law and regulations as they exist on the date
of the Agreement’s execution. The parties agree that in the
event of any legislative, regulatory, or judicial order, rule, or
regulation, or decision in any arbitration or other dispute
resolution proceeding, or other legal or regulatory action that
materially affects the provisions of this Agreement or the
economic terms of the Agreement, Comcast may, by providing
written notice to the Customer, require that the affected
provisions of the Agreement be renegotiated in good faith. If
Customer refuses to enter such renegotiations, or the parties are
unable to reach resolution on new Agreement terms, Comcast
may, in its sole discretion, terminate this Agreement, in whole
or in part, upon sixty (60) days written notice to Customer.
9.5 Tariffs. Notwithstanding anything to the contrary in
the Agreement, Comcast may be required to file with regulatory
agencies tariffs for certain Services. In such event, the terms
set forth in the Agreement may, under applicable law, be
superseded by the terms and conditions of the tariffs. Without
limiting the generality of the foregoing, in the event of any
inconsistency between the Agreement and applicable Sales
Orders on one hand, and the relevant tariffs on the other hand,
the rates and other terms set forth in the Agreement and
applicable Sales Orders will be treated as individual case-basis
arrangements to the maximum extent permitted by law. If
Comcast voluntarily or involuntarily cancels or withdraws a
tariff under which a Service is provided to Customer, the
Service will thereafter be provided pursuant to the Agreement
and the terms and conditions contained in the tariff immediately
prior to its cancellation or withdrawal. In the event that Comcast
is required by a governmental authority to modify a tariff under
which Service is provided to Customer in a manner that is
material and adverse to the Customer, the Customer may
terminate the applicable Sales Order upon a minimum thirty
(30) days’ prior written notice to the other party, without further
liability.
9.6 Compliance with Laws. Each of the Parties agrees to
comply with all local, state and federal laws and regulations and
204
Enterprise Services General Terms and Conditions Ver. 4.0 – November 2, 2022
ordinances applicable to such Party in the performance of its
respective rights and obligations under this Agreement.
9.7 Consent to Communications from Comcast.
Customer acknowledges and agrees that Comcast or third
parties acting on Comcast’s behalf may call or text Customer at
any telephone number that Customer provides to Comcast or
that Comcast issues to Customer, and may do so for any purpose
relating to Customer’s account and/or the Services to which
Customer purchased. Customer expressly consents to receive
such calls and texts and agree that these calls and texts are not
unsolicited. Customer acknowledges and agrees that these calls
and texts may entail the use of an automatic telephone dialing
system and/or artificial or prerecorded messages. Customer
may not opt-out of receiving certain communications pertaining
to Customer’s account, including but not limited to
communications regarding emergencies, fraud or other
violations of law, security issues, and harm caused to the
Network. Message frequency depends on Customer’s activity
with the Services. Message and/or data rates may apply.
9.8 Entire Understanding; Construction; Survival;
Headings; No Waiver. The Agreement supersedes all prior
agreement between the parties with respect to its subject matter
and constitutes a complete and exclusive statement of the terms
of the agreement between the parties with respect to the subject
matter hereof. In the event that any portion of the Agreement is
held to be invalid or unenforceable, the parties shall replace the
invalid or unenforceable portion with another provision that, as
nearly as possible, reflects the original intention of the parties,
and the remainder of the Agreement shall remain in full force
and effect. The rights and obligations of either party that by
their nature would continue beyond the termination or
expiration of the Agreement shall survive termination or
expiration of the Agreement. The article headings used herein
are for reference only and shall not limit or control any term or
provision of this Agreement or the interpretation or
construction thereof. No failure by either party to enforce any
right(s) hereunder shall constitute a waiver of such right(s). The
Agreement may be executed in counterpart copies. Each party
represents and warrants that the persons who executes the
Agreement on its behalf are duly authorized to do so.
9.9 Choice of Law. This Agreement shall be governed
by, and construed and interpreted in accordance with, the laws
of the Commonwealth of Pennsylvania without regard to its
conflict of laws principles. Any claim or controversy arising
out of or relating to this Agreement shall be brought exclusively
in federal or state court located in Philadelphia, Pennsylvania
and the parties hereby consent to personal jurisdiction and
venue in such court. Both parties hereby waive any right to a
trial by jury.
9.10 No Third-Party Beneficiaries; Independent
Contractors. Except as otherwise specifically set forth herein,
this Agreement does not expressly or implicitly provide any
third party (including users) with any remedy, claim, liability,
reimbursement, cause of action, or other righ t or privilege. The
parties to this Agreement are independent contractors. Neither
party is an agent, representative, or partner of the other party.
Neither party shall have any right, power, or authority to enter
into any agreement for, or on behalf of, or incur any obligation
or liability of, or to otherwise bind, the other party. This
Agreement shall not be interpreted or construed to create an
association, agency, joint venture, or partnership between the
parties or to impose any liability attributable to such a
relationship upon either party. Each party acknowledges and
agrees that any interpretation of this Agreement may not be
construed against a party by virtue of that party having drafted
the provisions.
9.11 Export Law and Regulation. Customer
acknowledges that any products, software, and technical
information (including, but not limited to, services and training)
provided pursuant to the Agreement may be subject to U.S.
export laws and regulations. Customer agrees that it will not use
distribute, transfer, or transmit the products, software, or
technical information (even if incorporated into other products)
except in compliance with U.S. export regulations and this
Agreement.
205
Comcast Addendum
2.11.24 (SRW)
1
ADDENDUM TO COMCAST ENTERPRISE SERVICES MASTER SERVICES AGREEMENT
The terms and conditions of this Addendum shall govern and control the terms and conditions of the Comcast
Enterprise Services Master Services Agreement (“Agreement”) between the City of Boynton Beach (“City”) and Comcast
Cable Communications Management, LLC and its operating affiliates (“Vendor”) executed simultaneously herewith.
1. Payment. All payment deadlines set forth in Article 3 of the Agreement are hereby modified to be 45 days. Payment of
all fees and charges will be made within 45 days of receipt of a proper invoice in accordance with the Local Government
Prompt Payment Act, Section 218.70, et al., Florida Statutes, as amended, which provides prompt payment, interest
payments, a dispute resolution process and payments for all purchases be made in a timely manner for properly executed
invoices by local governmental entities.
2. City Indemnification and Sovereign Immunity. The following language is added to the end of Paragraph 6.2:
Notwithstanding anything in this section, Customer is a municipal corporation of the State of Florida and has sovereign
immunity from certain claims under Florida law, including Section 768.28, Florida Statutes. If Customer is required to
indemnify Comcast under this Agreement, the limitations on tort liability under Section 768.28, Florida Statutes, shall be
the applicable limitations for Customer’s indemnific ation obligations under this Agreement, regardless of the nature or
basis of the claim asserted. Except to the extent sovereign immunity may be deemed waived by entering into this
Agreement, nothing herein is intended to serve as a waiver of sovereign immu nity by Customer nor shall anything included
herein be construed as consent by Customer to be sued by third parties in any matter arising out of this Agreement.
3. Confidentiality. Paragraph 7.1 of the Agreement sets forth Confidentiality obligations and defines “Confidential
Information.” The parties recognize that the City is a public entity and therefore any Confidentiality provisions are subject
to the mandates of Chapter 119, Fla. Stat. Therefore, the terms of this Agreement and any information provided by Vendor
to the City may fall within the disclosure requirements of Chapter 119, Fla. Stat. Vendor must clearly label and mark each
page or section of any tangible documents (excluding internet based Confidential Information) provided to the City in
connection with this Agreement that it considers proprietary information or otherwise confidential or exempt from Chapter
119, Fla. Stat. If the City receives a public records request regarding Vendor’s C onfidential Information it will notify
Vendor in writing, or electronically. If Vendor continues to assert in good faith that the information is confidential or
exempt from disclosure pursuant to Chapter 119, Fla Stat., then Vendor shall be solely responsi ble for defending its
position or seeking a judicial declaration. Nothing in this Agreement shall create an obligation or duty for the City to
defend or justify the Vendor’s position. Vendor also agrees to indemnify and hold harmless the City for any award ,
damages, fines, fees, penalties or impositions of whatsoever nature or kind and all costs and fees, including attorney’s fees
incurred by the City in connection with this section. Any requirements in the Agreement that require the City to destroy
Confidential Information upon termination of the Agreement are hereby deemed null and void.
4. Publicity. Paragraph 7.2 regarding publicity is hereby deleted in its entirety.
5. Public Entity Crimes. Vendor represents that the execution of this Agreement will not violate the Public Entity Crimes
Act (Section 287.133, Florida Statutes), and certifies that Vendor and its subcontractors have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services within 36 months from the
date of submitting a proposal for this Agreement or entering into this Agreement. Violation of this section may result in
termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from the City’s
competitive procurement activities.
6. Non-Discrimination. In performing under this Agreement, Vendor shall not discriminate against any person because of
race, color, religion, sex, gender identity or expression, genetic information, national origin, age, familial status, marital
status or sexual orientation.
7. No Contingency. Vendor warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for Vendor, to solic it or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual or firm, other than a bond fide employee working solely for Vendor, any fee,
commission, percentage, gift or any other consideration continge nt upon or resulting from the award or making of this
Agreement. In the event of a breach or violation of this provision by Vendor, the City shall have the right to terminate the
DocuSign Envelope ID: A916CD19-DB59-4F56-A09A-9148D0F60413
206426
Comcast Addendum
2.11.24 (SRW)
2
Agreement without liability and, at its discretion, to deduct from the Fee, o r otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.
8. Public Records. Vendor shall comply with Chapter 119, Florida Statutes, regarding public records. Vendor shall k eep
and maintain all documents, records, correspondence, computer files, emails, and/or reports prepared in order to perform
the work under this Agreement. A request to inspect or copy public records relating to this Agreement must be made
directly to the City. If the City does not possess the requested records, the City shall immediately notify the Vendor of the
request, and the Vendor shall provide the records to the City or allow the records to be inspected or copied within a
reasonable time at the cost that would not exceed the cost allowed by law. All records stored electronically must be
provided to the City, upon request, in a format that is compatible with the information technology systems of the City.
Upon completion of the Agreement, Vendor shall transfer, at no cost, to the City all public records in possession of Vendor
and shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. Vendor shall ensure that public records that are exempt or confidential and exempt fr om public records
disclosure are not disclosed. Failure of the Vendor to provide public records to the City within a reasonable time or
allowable cost may be subject to penalties under Sec. 119.10, Fla. Stat., and may be cause for termination of this Agreement
by the City, in addition to any other remedies available under this Agreement or by law.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY
CLERK, WHO IS THE CITY’S CUSTODIAN OF PUBLIC RECORDS, AT:
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk@bbfl.us
9. Prohibited Telecommunications Equipment. Vendor represents and certifies that Vendor and all subcontractors do not
use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§
52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all subcontractors shall not provide or use
such covered telecommunications equipment, system, or services during the term.
10. Governing Law. Notwithstanding any other choice of law provision in the Agreement, Florida law shall govern any
claim or defense relating to Customer’s public records obligations or sovereign immunity as a municipal corporation of
the State of Florida.
11. Public Entity Crimes. Vendor represents that the execution of this Agreement will not violate the Public Entity Crimes
Act (Section 287.133, Florida Statutes), and certifies that Vendor and its subcontractors have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services within 36 months from the
date of submitting a proposal for this Agreement or entering into this Agreement. Violation of this section may result in
termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from the City’s
competitive procurement activities.
12. Scrutinized Companies Lists. Pursuant to Fla. Stat. Sec. 287.135, Contractor represents that Vendor is not on the
Scrutinized Companies that Boycott Israel List, maintained by the State of Florida, and is not engaged in a boycott of
Israel. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and
may result in debarment from City's competitive procurement activities.
13. Non-Appropriation of Funding. This Agreement is expressly conditioned upon the availability of funds lawfully
appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for
this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in
DocuSign Envelope ID: A916CD19-DB59-4F56-A09A-9148D0F60413
207427
Comcast Addendum
2.11.24 (SRW)
3
this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be
executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to
finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24)
hours’ notice to Vendor. The City shall be the sole and final authority as to the availability of funds.
14. Controlling Provisions. Except as otherwise specifically provided herein, in the event of any conflict between the
specific provisions of this Addendum and Vendor’s Agreement, the provisions shall be given precedence in the following
order: (1) this Addendum and (2) Vendor’s Agreement. Wherever possible, the provisions of the do cuments shall be
construed in such manner as to avoid conflicts between provisions of the various documents.
15. Verification of Employment Eligibility. Vendor represents that Vendor and each subcontractor have registered with
and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work
authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes,
and that entry into this Agreement will not violate that statute. If Vendor violates this section, City may immediately
terminate this Agreement for cause and Vendor shall be liable for all costs incurred by City due to the termination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum as of the day and year last
indicated below.
VENDOR
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC
By: _____________________________________
Name: __________________________________
Title: ____________________________________
CITY OF BOYNTON BEACH
By: ____________________________________
Daniel Dugger, City Manager
Date: _______________________, 2024
Attest: __________________________________
City Clerk
City Attorney’s Office
Approved as to form and legality
By: _______________________
DocuSign Envelope ID: A916CD19-DB59-4F56-A09A-9148D0F60413
Rich Rollins
VP of Business Service, Florida Region
208428
RESOLUTION R18 -020
AlI
10
11
12
13
14
15
1
1
1
211
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE USE OF GENERAL
SERVICES ADMINISTRATION (GSA) CONTRACT #GS-
35F-184BA TO ENTER INTO A 60 MONTH CONTRACT
FOR THE PURCHASE OF INTERNET SERVICES FROM
COMCAST BUSINESS COMMUNICATIONS, LLC., FOR
640 PER MONTH FOR A TOTAL COST OF $38,400;
AUTHORIZING THE CITY MANAGER TO SIGN A
COMCAST ENTERPRISE SERVICES SALE ORDER
FORM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has become more dependent on its connection to the internet as
technology progresses; and
WHEREAS, the City currently receives internet connectivity via fiber optic connection
to Palm Beach County; and
WHEREAS, the installation of a redundant internet connection would help ensure that
important software applications used throughout City departments remain available during an
internet outage on the primary internet circuit; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
23 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
Beach to approve utilizing the GSA Contract #GS- 35F184BA to enter into a 60 month contract
for the purchase of internet services from Comcast Business Communications for a total 60
month cost of $38,400.
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
30 being true and correct and are hereby made a specific part of this Resolution upon adoption
3111 hereof.
C:\ Users\ StanzioneT \AppData\Local\Microsoft \Windows \Temporary Internet Files\ Content. IE5\ 52FYTEOE \Intemet_services_(Comcast)_ -
Reso.doc 209
Section 2. The City Commission of the City of Boynton Beach hereby approves
utilizing the GSA Contract #GS- 35F184BA to enter into a 60 month contract for the purchase
of internet services from Comcast Business Communications for a total 60 month cost of
0. 1
38,400 and authorizes the City Manager to sign a Comcast Enterprise Services Sales Order
Form, a copy of said Proposal is attached hereto and made a part here as Exhibit "A ".
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 6 day of February, 2018.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant --
Vice Mayor — Justin Katz
M1
01
531
571
311
Commissioner — Mack McCray --
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE -J
ATTEST:
t
JudiVk. Pyle, CMC IV
City Jerk
City Seal)
C:\ Users\ StanzioneT \AppData\Local\Microsoft \Windows \Temporary Internet Files\ Content. IE5\ 52FYTEOE \Intemet_services_(Comcast)_ -
Reso.doc 210
DocuSign Envelope ID:1C72042E-DCC6-46DF-A497-26E05B95695B
vrvu nal COMCAST ENTERPRISE SERVICES SALES ORDER FORMBUSINESS
Account Name:CITY OF BOYNTON BEACH-50EDt MSA ID#:FL-13303555-Dingb SO ID#:FL-13303555-Dingb-10218397
l§kms ..^ A h x•a EUSTC)MER-INFORMATIONifor notices);. . g :':
Primary Contact:Charles Stevens City: Phone:(661)742-6079
Tittle: State: Coll:
Address 1: Zip: Fax:
Address 2: Allowable Contract Date: Ernalltstevensc(rbbfl.us
Contract Generated Date:01/05/2018
n " 3 ^t=;SUMMARY,OFCHARGES IDetailal:MtollowlRaRgs IVY•= 10 r 6 •
Service Term(Months):160
SUMMARY OF SERVICE CHARGES" SUMMARY OF STANDARD INSTALLATION FEES
Total Ethernet Monthly Recurring Charges: B40.00 Total Ethernet Standard Installation Fees':0.00•
Total Trunk Services Monthly Recurringing Charges: 0.00 Total Trunk Services Standard Installation Fees: 0.00
Total Off-Net Monthly Reaming Charges: 0.00 Total Off-Net Standard Installation Fees: 0.00
Total Monthly Recurring Charges(all Services): 640.00 Total Standard Installation Fees(all Services):0.00
SUMMARY OF CUSTOM INSTALLATION FEES
Total Custom Installation Fee: 0.00
Amortized Custom Installation Fee 0.00
SUMMARY OF EQUIPMENT FEES
Total Monthly Recurring Ethernet Equipment Fees:0.00
Total Monthly Recurring Trunk Services Equipment Fees:0.00
Total Monthly Recurring Equipment Foes(all Services): 0.00
Note;Charges Idethtied in the Service Order are exclusive of maintenance and repair charges,and applicable federal,state,and local taxes,USF fees,surcharges and recoupments(however designated).Please
refer to your Comcast Enterprise Services Master Services Agreement(MSA)for specific detail regarding such charges.Customer shall pay Comcast one hundred percent(1011%)of the nenamordzed Custom
Installation Fee prior to the installation of Service.
ENERAL'}cO(QE 4 ri,rsOW`,' •f .f ;;,•sz :. 'It 1.:::'` ';,y`,,
r:ales Vii•4
This Comcast Enterprise Services Sales Order Form aces Order')shall be effective upon acceptance by Comcast.Tnls Safes Order is medee pan of tha Comcast Enterprise Services Master Services Agreement,-
entered between Conncast and the undersigned end is sublect to the Product Specht Attachment for the Service(s)ordered herein,located at htlp:/lbuainess.comcast wnYenterprise-tenns-of-s ervlceendexaspx,(the
Agreement'.Unless otherwise Indicated herein,capitalized wards shall have the same meaning as in the Agreement
Eel/NOTICE
Oncost Business Class Trunking Service may have the Egli limitation specified below.
The National Emergency Number Association(NENA),a 011 Industry organization that makes recommendations for standardeed services relating to Eat 1,has Issued guidelines that atate'The PBX owner Is
responsible for creating customer retards,preferably in NEMA standard format,that identify caller locations.'To facilitate Customer's compliance with these guidelines end with associated state and local requirements
related to provision of Automatic Location Information(ALI)forE9l l services,Comcast offers two options:
a.Comcast will send to the ALI database or Subscriber Location Database(SLOB)the main billing telephone number and the main address provided by Customer,or
b.Customer may choose to sign up for up to 10 Emergency Location Information Numbers(ELINs)that Customer could assign to cones within Customer's premises that would be separately Identified to the E911
call taker.The location information,such as a specific floor,side of a building,or other Identifying infwmaton,could assist emergency responders to more quickly reach the appropriate location.Customer Is eelely
responsible for programming It's PBX system to map each elation to one ofthese numbers,and for updating the system as necessary to reflect moves or additions of mations within the premises.Comcast will send
the assigned ELINs to the ALI or SLOB database,as Is appropriate.
Many Jurisdictions require businesses using multi-line telephone systems to program teir systems to transmit specific location information for 911 calls.Customer bears sole responsibility to ensure that It Identifies
and comptieswth all such requirements.In any event,IfCustomer does not maintain E91 records In a timely end accurate manner,the Egli call taker may not receive proper location Information,and emergency
responders may be delayed or even prevented from timely teaching the caller's location. -
Battery Beck Up-The integrated Access Device(IAD)provided by Cornetist is not equipped with battery backup.it Is Customers responsibility to ensure adequate bads-up power Is provided to ensure service
camtinulty during a power outage,as employees would otherwise be unable to use the Services,Including dialing 9-1-1,when power is unavailable.
Calls using the Service,Including calls to 911,may not be completed if there lea problem with network facilities,including network congestion,networtequlpmerdfpower failure,or another technical p oblem.
All questions should be directed to 1-e00.391-3000.Egli Service,Private Branch Exchange,and Direct Inward Dial Service.
By signing below,Customer acknowledges,agrees to and accepts the terms and conditions of this Sales Order.
DocuSigned by:
CUSTOMER USEvONBl19fby,authorizgdtkresenfative} , _ AN Ir ft,)it pUSE Q ible(bby au horizgd epr e—ntbele r T_h
Signature: °Mr' Signature
OB1 1 9a...
Sates Rep: David Ingber
Name: ilh Tl? Name: ''
n
Sales Rep E-Mail:david_ingbaraa comcastcom
Title: Idle: 1 ce •resi 'en ore • _!, -
FloridaCITYGES2/27/2018Date'
2/22/2010
Date: Division:Central
211
DocuSign Envelope ID:1C72042E-DCC6-46DF-A497-26E05B95695B
COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM
BUSINESS
ETHERNET SERVICES AND PRICING
Account Name: CITY OF BOYNTON BEACH-SOEDI Date: January 05.2018
MSA IO#: FL-13303555-DIngb SO ID#: FL-13303555-DIngb-10218397
Short Description of
Service:
Service Term(Months);
60
Solution Charges
1"r al{ id.'Il ," l"
WZ. ^7 150
L'"1
natYl'
Nj.
J! CillllyFl....l
7",['TV,`i1•lf Ix780HIGH
RIDGE RD-
CITY OF
1 New Add EDI-ENI-10100 Port BOYNTON 0.00 0.00
BEACH 50EDI
2080 HIGH
RIDGE RD
2080 HIGH
RIDGE RD-
CITY OF
2 New Add EDI-50 50 Mbps BOYNTON Interstate $591).00 0.03
BEACHSOEDI
2080 HIGH
RIDGE RD
2080 HIGH
RIDGE RD-
IPv4 State Address
CITY OF
3 New Add Static IP Block BOYNTON
Block f27(30) 50-00 0.00
BEACH-5OEDI
2080 HIGH
RIDGE RD
2080 HIGH
RIDGE RD-
EquipmeM CITY OF4NewAddEQPFEE
Fee
BOYNTON 0.00 0.00
BEACH-50EDI
2080 HIGH
RIDGE RD
ervjce Chamrc•
Services Location Details attached
Total 896.00
Performance Tier Matrix Attached (For On-Net to On-Net or On-Net to Off-Net)Eault:o n Fepq, $0.00
0.00
212
DocuSign Envelope ID:1C72042E-DCC6-46DF-A497-26E05B95695B
COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORPJ
BUSINESS SERVICE LOCATION DETAIL INFORMATION
Account Name:CITY OF BOYNTON BEACH-50EDI MSA ID#:FL-13303555 Dingb 30ID #;
FL-
13303555 Dingb Date: January Ob,10218397 2018
1
k' fz. T*
TPL
i P.4'77,./.14 pro¢
j
6,.t-
0,;„ ,,,
a,...,, ,,..+' "-
Aa. 4y fl ,
Lei _ r,`,sa,1 r,r.i"
MY'
r
N
4 tfd'Ow'"' I. +i{ i Py fwd , i
z} r.
Ir of v.,
e . ,
4
o.LIV5 fl44 i .l •
e
6
i
2050 HIGH i
RIDGE RD-
CITY OF 2080 HIGH BOYNTON
BOYNTON RIDGE RD BEACH
FL 33428 No
BEACH-
50EDI
I
ii
I
is
i(
i
1
r,
t,
i
i
1.
1
213
DocuSign Envelope ID:IC72042E-DCC6-46DF-A497-26E05B95695B
Coreceit Ent rprma Services Saks Order Form
Ethernet Transport Services
I I
Performance Tier(PTS Metrix
l avuesn.
PT1 PTB PT4= FT! PH 113 113 P72 PT2 PR PI1 P13 Pia. P12 P13 P72 FR ITI 173 PIS P74 P14 2T3 1T4 PT2 PT3 P13 P79 PT4 P12tiPA1
n3talitrkesas,: P13 PFI F73 FT2 P12 PH 173 112 PTS PTS 113 1T2. PTB PT3 PT3 PT3 P73 PTI PTS P72 9T3 P13 Pia P13 112 F73 PTI Pia •113 973
1L4iM7 ,
1 PR P1P73 1 119 P12 174 PT3 P14 P14 PH 1T4 PIS P13 113 P14 P13 II4 114 P13 P13 P13 PT4 P74 P 3 173 PH P13 PH PT4 PT4
GlOfgN 113 P12 113 PT1 113 P15 P12 P12 P13 PI9 PT3 P13 113 P13 P72 ITS PIS P12 179 111 PT4 1.14 P12 P74 113 P12 P12 P13 PM PH
PT3 P12 PT? Pi! P12 P74 PH PIS -PH P12 113 PT2 P12 P12 173 P12 PT3 P13 112 PTD P12 P33 P13 P12 P13 P13 P19 P12 P13 Pf3
11Eastern, .._.
wee tem PTD PTS T4 PTB FR PR P73 PT2 174' 113 PT3 173 1H PTA 113 PIS PT3 P72 PH PT2 FR /T4 Pia PT4 PT2 FH ITT PT4 PT4 PT4
173 115 115 P12 PT3 113 P11 PTI PTS PR 173 115 ITS 115 P72 P73 P73 PRRP13 'P12 PTA 1T4 PP74 112 PT2 1H P13 P14 P13
PeTfhendte.44
Q,
17e1e)
ter Ahem
PR PR P74 PR PH 171 PTl PT 1 P73 PT2 P12 PT 2 PH P1P12 2 P12 P 1312P121 P12 Pia PTS P12 PT3 PT2 P12 PT2 P73 PR 113
Pee*
IT2 P13 P74 173 FI3 114 P19 PTS P71 P72 P12 PT3 173 PT2 ITS PR' 112 PH PTB P13 P14 P14 PR 114 PT3 PTA PTS P14 114
0:61
grouter rtsya„n
172 P73 PH 173 P72 P73 P72 PT2 P12 111 P12. PR 1T2 PT2 P12 112 P72 112. 172 113 PTB FIB PT3 P75 172 373 P13 PI5 ITS P12
05111
11910e7crPh11.8 P12 F13 PT4 P13 P13 FTS P19 172 PI2 PT2 111 PH P13 PI2 113 172 PR P12 115 173 P74 P74 Pia PT4 YTS PTS 373 173 PT4 112Q4[nSefssy- 4
Houston(110U3 PIS PR P79 1H P12 113 113 P12 PH PT2 1T3 131 PFS 112 P12. 115 P15 PR 173 PH F13 P12 PT2 P73 PT3 P13 P11 P13 PT9 PH
P12 FTS PH P13 P12 P73 PR PT3 PTS PT2 PT9 PH 111 PR PTS' P12 113 P12 Pit P15 P13 P13 P13 P19 P13 P13 PT3 973 P19 P13
11NuP1
kid to I$111701 1I2 PTS 173 113 PT2 113 PH P12 112 1r2 P12 P12 P12 111 1R 172 112 P12 PM 113 PH P13 PTD P13 .F13 119 113 P15 P13 P12
cksonvtile(}AO 173 FIB 114 P12 P12 P13 112 172 P13 FF1 P13 172 179 P1I PT1 113 P73 P72 F73 P12 PR P74 PT2 PT4 193 112 P73 P13 114 P15
11-Wiesen FTI P13 P73 ITS PR Fr9. PTD P12 112 PT2 PT2 PH PT2 PT2 113 P71 P.T2 PR 112 1H PT3 113 Fig W3 PH PH 112 PT3 PH P11
Sld-Adentfc '
P12 PI3 P14 113 PTA 173 P13 112 PQ .P 2 PR PM P13 P112 P12 171 PR 113 113 P14 PT4 119 P74 P13 P13 113 113 PT9 P12.
Idle FRP12 PTS PT2 P12 PT2 P72 P12 PR 172 PF2 P11 PII PIS PTA PT3 PT2 PTS FT2 PT3 Pig PIT PTA 1T3
8lnnes alMrn1 'F13 113 173 PT3 FTI PTD PIS P19 P53 /R 173 YT3 172 P12 PTS PR P13 P71 111 P13 PPS P13 PH P13 FH P13 P12 PIS PIS PIS
nA111i.4I 119 P32 PT3 P72 P13 P12 P12 P12 PT3 P13 PT3 PT3 PT3 PT3 P71' PM PTS PT2 P 2 P11 114 114 119 P14 P12 P72 P12 173 114 P13
PO/there CA 1PICP4' F14 119 113. 174 1T2 PT4 119 P13 PR 913 P137 F13 P15 113 114 P13 114 173 PH P14' PT1 P72 114 P1I PTO 114 P73 P12 '112 P14
SIfesen -
P12 P13 114 PT4 P13 P74 PT4 1173 P74 P19 FR P73 115 PH Pro 115 P74 PT9 P15 P14 P72 171 P14 PT2 P14 P14 P11 P72 P12 P14
3Kashington(0111SouthPioiiea •113 P73 PT4 P72 PTA P13 P12 P72 173 1T3 Pfd P12 112 PT3 PTI P73 013 P72 P13 P13 PT4 P74 M. PT4 PH 112 1T3 PTS P14 P13
IWO
3ovtheTn PT4 P13 P13 P14 P12 P14 P14 P13 114 1T3 PT4 113 P13 PH 114 PH P74 P12 'PIS Pro P72. 112 174 1n PT4 174 P12 P72 P72 P74
19e11lanle 13CA]
So m TN '
172 PT2 FH PT1 113 P12 112 P72 P15 ITS III P12 PTS PH P13 PH PH P12 PH P12 P74 PT4 Pia P14 PI.1 PTB PT2 113 PT4 PIS
worm GA ISTNI .1
Southwest 71 133
133 P13 PT9- /R PT3 PT3 P12 P72 P13 P13 P15 P73 P19 P13 P12 FT5. .P13 P11 PT3 PT7, 174 P14 P12 F74 PO 171 P13 173 F14 133
4SA'F1
F..W 7T4 b N°rthern.. 179 172 PIS F72 PH P33 113 PR P73 P11 PTS P72 P19 P13 PTS PT3 P75 PH III .PR 113 175 PIS P13 P12 P13 PR. P13 PH P15Ms19W7)
t172eh
FuT)- 175 P73 P2 173 PT2 P74 PT3 T3 P74 PI3H 1P15P73 / 13 P15 P13 113” 113 P73 PT3 172 P72 P13 P72 'FSH 173 PT3 PT1 PR 174
lynshIngmn(WAI .P14 PT3 P74 PT4 ST3 P74 P74 PT3 P14 PT3 PIj PT3 PH PH PT4 P13 PT4 P12 PT3 P74" PR P12 P14 P12 P14 P14 P13 PR P11 P14
IIW.wtve New
PT2 173 F14 PTs 133 214 PH PT3 PR PR 112 PTS PH 172 P13 P12 PT2 173 1H 115 114 PT4 P13 P14 P13 P33 P13 P74 FR 111
ne1e1141W1i13
COMCAST a 4`
BUSIN SS 2017--10-09
214
1
1
1
1
1
1
1
1
1
2
24
11
25
RESOLUTION NO. R18-032
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO SIGN A 60 -MONTH CONTRACT FOR THE
PURCHASE OF WAN NETWORK CONNECTIVITY SERVICES
FROM COMCAST BUSINESS COMMUNICATIONS, LLC FOR
6,000 A MONTH, UTILIZING THE GENERAL SERVICES
ADMINISTRATION (GSA) CONTRACT # GS-35F-184BA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the current WAN network connectivity is provided by a combination of
legacy Adelphia Cable (Comcast) dark fiber, connecting 9 city buildings to City Hall and
AT&T MetroE, connecting 6 city buildings to City Hall and Fire Station #5; and
WHEREAS, the recommended solutions is engineered to have Fire Station #5/EOC
as the core, since the datacenter is located at Fire Station #5 and Fire Station #5 and the New
City Hall will have redundant network connections coming from diverse paths to help ensure
a network failure does not occur if one of the fiber connections is a cut; 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 a 60 -month contract for the purchase of WAN
network connectivity services from Comcast Business Communications, LLC, for $6,000
per month utilizing the General Services Administration (GSA) contract #GS-35F184BA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2A I THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
C:\Users\StanzioneT\AppData\Locai\Microsoft\Windows\Temporary Intemet
Files\Content.IE5\SATNOE VMComcast_Business_Communications_WAN_Agreement_-_Reso. doc
215
216
DocuSign Envelope ID:F533B973-2BOD-467A B52B-A5tiCO2AF8882 _.krruoic a=r YI#La OIAL=a vnr.mr.rvnrvi \ --0USINESS
Account Name:City of Boynton Beach MSA ID#:FI.4858182-CMunr SO ID#:FI.4858182-CMuni-10545217
Primary Contact: Charles Stevens City:Boynton Beach Phone:(581)742-8079
Title:State:FL Cell:
Address 1: 100 E Boynton Beach Blvd Zip:33435 Fax:
Address 2: Allowable Contract Date: Emaihstevensc@bbfl.us
Contract Generated Date:01/30/2018
I
Service Term(Months): 80
SUMMARY OF SERVICE CHARGES* SUMMARY OF STANDARD INSTALLATION FEES
Total Ethernet Monthly Recurring Charges: 5,585.75 Total Ethernet Standard Installation Fees*: 0.00
Total Trunk Services Monthly Recurring Charges: 0.00 Total Trunk Services Standard Installation Fees: 0.00
Total Off-Net Monthly Recurring Charges: 0.00 Total Off-Net'Standard Installation Fees: 0.00
Total Monthly Recurring Charges(all Services): 5,565.75
Total Standard installation Fees(all Services): 0.00
SUMMARY OF CUSTOM INSTALLATION FEES
Total Custom Installation Fee: 0.00
Amortized Custom Installation Fee 0.00
SUMMARY OF EQUIPMENT FEES
Total Monthly Recurring Ethernet Equipment Fees: 0.00
Total Monthly Recurring Trunk Services Equipment Fees: 0.00
Total Monthly Recurring Equipment Fees(all Services): 0.00'
Note: Charges identified in the Service Order are exclusive of maintenance end repair charges,and applicable federal,state,and local taxes,USF fees,surcharges and recoupments(however designated). Please
afar to your Comcast Enterprise Services Master Services Agreement(MSA)for specific detail regarding such charges.Customer shall pay Comcast one hundred percent(100%)of the non-amortized Custom
nstallatlon Fee prior to the installation of Service. I,
liar[ f. idi_;. j
1
his Comcast Enterprise Services Sales Order Form("Sales Order')shat be effective upon acceptance by Comcast.This Sales Order is made a part of the Comceat Enterprise Services Master Services Agreement, I
rntered between Comcast and the undersigned and is subject to the Product Specific Attachment for the Service(s)ordered herein,located at hltp:llbuslness.Comcast.comrenterprlse-terme•ofservieeilndex.espx,(the
Agreement").Unless otherwise Indicated herein,capitalized words shall have the same meaning as in the AgreemenL
I.911 NOTiCE
l-omcast Business Class Trunking Service may have the E911 limitations specified below:i
ii
The Notional Emergency Number Association(NENA),a 911 industry organization that makes recommendations for standardized services relating to E911,has issued guidelines that state'The PBX owner is
usponsible for creating customer records,preferably in NENA standard format,that Identify caller locations.'To facittate Customer's compliance with these guidelines and with associated slate and local requirements
Mated to provision of Automatic Location Information(ALI)for E911 services,Cornetist offers two options i.
a.Comcast will send to the ALI database or Subscriber Location Database(SLOB)the main biling telephone number and the main address provided by Customer;or
b.Customer may choose to sign up for up to 10 Emergency Location Information Numbers(ELINs)That Customer could assign to zones within Customer's premises that would be separately Identified to the E911
all taker.The location information such es a specific floor,side of a buidd'ing,or other Identifying Information,could assist emergency responders to more quickly reach the appropriate location Customer Is solely
irsponeibie for programming ifs PBX system to map each station to one of these numbers,and for updating the system as necessary to reflect moves or additions of stations within the premises. Comcast will send
re assigned ELINe to the ALI or SLDB database,as is appropriate.
Many ju-Isdicuons require businesses using multi-line telephone systems to program their systems to transmit specific location information for 911 calls. Customer bears sole responsibility to ensure that it Identifies
end complies with all such requirements. in any event,if Customer does not maintain E911 records Ina timely and accurate manner,the E'911 call taker may not receive proper location Information,and emergency
ssponders may be delayed or even prevented from timely reaching the caller's location.
Battery Beck Up-The Integrated Access Device(IAD)provided by Comcast Is not equipped with battery backup. It Is Customer's responsibility to ensure adequate beck-up power Is provided to ensure service
cntinuity during a power outage,as employees would otherwise be unable to use the Services,Including dialing 9-1-1,when power Is unavailable.
Cars using the Service,Including calls to 911,may not be completed if there le a problem with network facilities,inekrdkng network congestion,network/equipment/power failure,or another technical problem.
All questions should be directed to 1-800-391.3000.E91 1 Service,Private Branch Exchange,and Direct Inward Dial Service.
ly signing below,Customer acknowledges,agrees to and accepts the terms and conditions of this Sales Order.
DocuSigned by:
I t r% 1_ -
IV l,[ 'I - -
i -
It". J _,ir it _c::_
3lgnalure: - Signature: Sales Rep: David Ingber
Blame: T.ORT T.AvERRTERE Name:
t.
Sales Rep E-Mall: david_ingber@comcastcom
fie. CTTY MANAGER
Tilevi ce Presi dent Comcast BusultpAs Florida
date: Date?' 1n018 Division: Central
APPROVED AS a'ssFr RI14W
i A
if
CITY ATTORNEY
217
DocuSign Envelope ID:F533B973-2BOD-467A-B52B-A56CO2AF8882
OMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM
3USINESS
ETHERNET SERVICES AND PRICING
Account Name: City of Boynton Beach Date: January 30,2018
MSA ID#: FI-4858162-CMunr SO ID#: FI-4858152-CMunr-10545217
Short Description of
Service:
iervice Term(Months): 60
Solution.Charges
toe: RaRv >t Actor? Svic (e1 eson
Senrc „ Ser ' ::emcastPa M " s' o I
M,n CMP-TimeJIarsalirA' I 0cat r , Mvti Tier :iirisdt•:tion
1021 S
FEDERAL
1 New Add ENI1 D100 Port
Boyntonty
Beach
South Florida 46.36 0.00
1021 S
FEDERAL HWY
1021 S
FEDERAL
2 New Add ENS-BASIC-50 50 Mbps
HWY City of
See Matrix Interstate 5 253.44 S 0.00
Boynton Beach
1021 S
FEDERAL HWY
1021 S
FEDERAL
3 New Add EQP FEE
Equipment HWY-City of 0.00 0.00
Fee Boynton Beach
1021 S
FEDERAL HWY
124 E
WOOLBRIGHT
RD--City of
4 New Add ENI10100 Port Boynton Beach South Florida 46.36 0.00
124 E
w00LBRIGHT
RD
124 E
WOOLBRIGHT
RD—City of
5 New Add ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 0.00
124 E
WOOLBRIGHT
RD
124 E
WOOLBRIGHT
Equipment RD--City of
if New Add EQP FEE
Fee
Boynton Beach 0.00 0.00
124 E
WOOLBRIGHT
RD
1901 N
SEACREST
BLVD-City of
7 New Add ENI10100 Port Boynton Beach South Florida 46.36 0o0
1901 N
SEACREST
BLVD
1901 N
SEACREST
BLVD-City of
3 New Add ENS-BASIC-100 100 Mbps Boynton Beach See Matrix Interstate $370.89 0.00
1901 N
SEACREST
BLVD
11901 N
SFACRFST 218
DocuSign Envelope ID:A76F0413-1 B1 C-4115-91 F7-7A1 E0D4758C5
MSA ID#: Fl--1858162=CMunr MSA Term;60 months Gusttarner N'arrle:City of Boynton Beach — —
I1 ,` OV -01 A 1
Primary Contact Charles Stevens Primary Contact Address Informatlort
Title: Address 1:
Phone: (561)742-6079 Address 2:
Cell: City:
Fax: State:
Email: stevensc@bbll.us Zip Code:
This Master Service Agreement("Agreement")sets forth the terms and conditions under which Comcast Cable Communications
Management, LLC and its operating affiliates("Comcast")will provide communications and other services("Services")to the
above Customer.The Agreement consists of this fully executed Master Service Agreement Cover Page ("Cover Page"),the
Enterprise Services General Terms and Conditions ("General Terms and Conditions"), any written amendments to the
Agreement executed by both parties("Amendments"), the Product-Specific Attachment for the applicable Services("PSA(s)")
and each Sales Order accepted hereunder("Sales Orders"). In the event of any inconsistency among these documents,
precedence will be as follows:(1)this Cover Page(2)General Terms and Conditions,(3)PSA(s),,and(4)Sales Orders.This
Agreement shall be legally binding when signed by both parties and shall continue in effect until the expiration date of any
Service Term specified in a Sales Order referencing the Agreement, unless terminated earlier in accordance with the
Agreement.
The Customer referenced above may submit Sales Orders to Comcast during the Term of this Agreement("MSA Term").After
the expiration of the Initial MSA Term,Comcast may continue to accept Sales Orders from Customer under the Agreement,or
require the parties to execute a new MSA.
The Agreement shall terminate in accordance with the General Terms and Conditions.The General Terms and Conditions and
PSAs are located at http:Nbusiness.comcast.com/enterprise-terms-of-service/index.aspx(or any successor URL).Use of the
Services is also subject to the High-Speed Internet for Business Acceptable Use Policy ("AUP") located at
http://business.comcast.comlcustomer-notifications/acceptable-use-policy(or any successor URL),and the High-Speed Internet
for Business Privacy Policy(Privacy Policy")located at http://business.comcastcomlcustomer-notifications/customer-privacy-
statement(or any successor URL).Comcast may update the General Terms and Conditions,PSAs,AUP and Privacy Policy
from time to time upon posting to the Comcast website.
Services are only available to commercial customers in wired and serviceable areas in participating Comcast systems(and may
not be transferred). Minimum Service Terms are required for most Services and early termination fees may apply. Service
Terms are identified in each Sales Orders, and early termination fees are identified in the applicable Product Specific
Attachments.
BY SIGNING BELOW,CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
tsii
I, c "7,d
7,
3 I ...'-t',.. `„a IC, d:
Signature: G4bieg,n
Name: ] -7r- W'c
Title: 4se.,(11, 3r
Date: ;4.1/
r::—D"
uSignedVCigkat
bY:
Signature: Sales Rep: David Ingber
D
Name: ]
o n Sc uc ak`
s
Sales Rep Email: david_ingber@comcast.com
Title: vice President Comcast Business Regi•on: Florida
Date: 3/12/2018 Division: Central
219
OMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM
3USINESS
ETHERNET SERVICES AND PRICING
Account Name: City of Boynton Beach — Date: January 30, 2018
MSA ID#: FI-4858162-CMunr SO ID#: FI-4858162-CMunr-10545217
Short Description of
Service: 7
iervice Term (Months):
60
me Request Action Service(s) Description
Service Service Comcast Performance Tax
Monthly One -Time
Location A' Location Z" Metro Tier" Jurisdiction
1021 S
FEDERAL
1 New Add EN110100 Port HWY-City of South Florida 46.36 S 0.00
Boynton Beach
1021 S
FEDERAL HWY
1021 S
FEDERAL
2 New Add ENS -BASIC -50 50 Mbps
HWY-City of See Matrix Interstate 253.44 0.00
Boynton Beach
1021 S
FEDERAL HWY
1021 S
FEDERAL
3 New Add EQP FEE
Equipment HWY-City of 0.00 0.00
Fee Boynton Beach
1021 S
FEDERAL HWY
124 E
WOOLBRIGHT
RD --City of
4 New Add EN110100 Port Boynton Beach South Florida 46.36 0 00
124 E
WOOLBRIGHT
RD
124 E
WOOLBRIGHT
RD --City of
5 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate 370.89 S 0 00
124 E
WOOLBRIGHT
RD
124 E
WOOLBRIGHT
RD --City of
6 New Add EQP FEE Equipment Boynton Beach 0.00 0.00
Fee
124 E
WOOLBRIGHT
RD
1901 N
SEACREST
BLVD -City of
7 New Add EN110100 Port Boynton Beach South Florida 46.36 0.00
1901 N
SEACREST
BLVD
1901 N
SEACREST
BLVD -City of
8 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate 370.89 0.00
1901 N
SEACREST
BLVD
1901 N
RFArRFST
220
Soluion Charges
me Request Action Service(s) Description
Service Service Comcast Performance Tax
Monthly One -Time
Location A" Location Z' Metro Tier" Jurisdiction
BLVD
2080 HIGH -
RIDGE RD --City
10 New Add ENIGIGE Port
of Boynton
South Florida 164.94 0.00
Beach
2080 HIGH
RIDGE RD
2080 HIGH
RIDGE RD --City
11 New Add ENS -BASIC -1000 1000 Mbps of Boynton See Matrix Interstate 510.06 0.00
Beach
2080 HIGH
RIDGE RD
2080 HIGH
RIDGE RD --City
12 New Add EQP FEE
Equipment of Boynton
0.00 0.00
Fee Beach
2080 HIGH
RIDGE RD
2080 HIGH
RIDGE ROAD -
13 New Add ENIGIGE Port
PATH B -City of South Florida 164.94 0.00
Boynton Beach
2080 HIGH
RIDGE ROAD
2080 HIGH
RIDGE ROAD -
14 New Add ENS -BASIC -1000 1000 Mbps PATH B -City of See Matrix Interstate 510.06 0.00
Boynton Beach
2080 HIGH
RIDGE ROAD
2080 HIGH
RIDGE ROAD -
15 New Add EQP FEE
Equipment PATH B -City of 0.00 0.00
Fee Boynton Beach
2080 HIGH
RIDGE ROAD
222 NE 9TH
AVE -City of
16 New Add EN110100 Port Boynton Beach South Florida 46.36 0.00
222 NE 9TH
AVE
222 NE 9TH
AVE -City of
17 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate 370.89 0.00
222 NE 9TH
AVE
222 NE 9TH
AVE -City of
18 New Add EQP FEE Equipment Boynton Beach 0.00 0.00
222 NE 9TH
AVE
2240 N
FEDERAL
19 New Add EN110100 Port HWY-City of South Florida 46.36 0.00
Boynton Beach
2240 N
FEDERAL HWY
2240 N
FEDERAL
20 New Add ENS -BASIC -20 20 Mbps HWY-City of See Matrix Interstate 185.44 0.00
Boynton Beach
2240 N
FEDERAL HWY
2240 N
FEDERAL
21 New Add EQP FEE
Equipment HWY-City of 0.00 0.00
Fee Boynton Beach
2240 N
FEDERAL HWY
225 NW 12TH
AVE -City of 221
SQ(utiQn_Charges
ine Request Action Service(s) Description
Service Service Comcast Performance Tax
MonthlyOne-Time
Location A" Location Z' Metro Tier"' Jurisdiction
225 NW 12TH
AVE -City of
23 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate 370.89 o 00
225 NW 12TH
AVE
225 NW 12TH
AVE -City of
24 New Add EQP FEE Equipment Boynton Beach 0.00 0.00
Fee
225 NW 12TH
AVE
2615 W
WOOLBRIGHT
RD -City of
25 New Add ENI10100 Port Boynton Beach South Florida 46.36 0.00
2615 W
WOOLBRIGHT
RD
2615 W
WOOLBRIGHT
RD -City of
26 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate 370.89 0.00
2615 W
WOOLBRIGHT
RD
2615 W
WOOLBRIGHT
RD -City of
27 New Add EQP FEE Equipment Boynton Beach 0.00 0.00
Fee
2615 W
WOOLBRIGHT
RD
3111 S
CONGRESS
AVE -City of
28 New Add EN110100 Port Boynton Beach South Florida 46.36 0.00
3111 S
CONGRESS
AVE
3111 S
CONGRESS
AVE -City of
29 New Add ENS -BASIC -50 50 Mbps Boynton Beach See Matrix Interstate 253.44 0.00
3111 S
CONGRESS
AVE
3111 S
CONGRESS
AVE -City of
30 New Add EQP FEE Equipment Boynton Beach 0.00 0.00
Fee
3111 S
CONGRESS
AVE
3501 N
CONGRESS
AVE -City of
31 New Add EN110100 Port Boynton Beach South Florida 46.36 0.00
3501 N
CONGRESS
AVE
3501 N
CONGRESS
AVE -City of
32 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate 370.89 0.00
3501 N
CONGRESS
AVE
3501 N
CONGRESS
AVE -City of
33 New Add EQP FEE Equipment Boynton Beach 0.00 0.00
3501 N
CONGRESS
AVE
5469 W
DrNvklTr%kl cru
222
SplutiQn_Charges_
me Request Action Service(s) Description
Service Service Comcast Performance Tax
Monthly One -Time
Location A" Location Z` Metro Tier" Jurisdiction
BLVD
5469 W
BOYNTON BCH
BLVD -City of
35 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate 370.89 0.00
5469 W
BOYNTON BCH
BLVD
5469 W
BOYNTON BCH
BLVD -City of
36 New Add EQP FEE Equipment Boynton Beach 0.00 0.00
Fee
5469 W
BOYNTON BCH
BLVD
6415 N OCEAN
BLVD -City of
37 New Add EN110100 Port Boynton Beach South Florida 46.36 0.00
6415 N OCEAN
BLVD
6415 N OCEAN
BLVD -City of
38 New Add ENS -BASIC -20 20 Mbps Boynton Beach See Matrix Interstate 185.44 0.00
6415 N OCEAN
BLVD
6415 N OCEAN
BLVD -City of
39 New Add EQP FEE Equipment Boynton Beach 0.00 0.00
Fee
6415 N OCEAN
BLVD
8020 JOG
ROAD -City of
40 New Add EN110100 Port Boynton Beach South Florida 46.36 0.00
8020 JOG
ROAD
8020 JOG
ROAD -City of
41 New Add ENS -BASIC -20 20 Mbps Boynton Beach See Matrix Interstate 185.44 0.00
8020 JOG
ROAD
8020 JOG
ROAD -City of
42 New Add EQP FEE Equipment Boynton Beach 0.00 0.00
Fee
8020 JOG
ROAD
Services Location Details attached
Total
Service Charaes:
5,565.75
0.00
Performance Tier Matrix Attached (For On -Net to On -Net or On -Net to Off -Net) Eauioment Fees:
0.00
223
OMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM
3 U S I N E S S SERVICE LOCATION DETAIL INFORMATION
Account Name City of Boynton Beach MSA ID#: FI-4858162-CMunr SO ID#:
FI-4858162-CMunr- Date: January 30,
10545217 2018
Location Extend to Inside
Technical/
Technical / Technical /Local TechnicalSatellite
no Name /Site Address 1 Address 2 Cit Y State Zip Cod DeMarc DeMarc Wiring
Local
Local Contact Contact Email Contact Location
ID Location Yes/No) Yes/NO)
Contact
phone # Address
On Site
Y/N)
Name Yes/No)
2615 W
WOOLBRIGH 2615 W
BOYNTON Charles
1 T RD -City of WOOLBRIGHT BEACH
FL 33436
Stevens
561) 742-6079 stevensc@bbfl.us Yes No
Boynton RD
Beach
1901 N
SEACREST 1901 N
BOYNTON Charles
2 BLVD -City of SEACREST BEACH
FL 33435
Stevens
561) 742-6079 stevensc@bbfl.us Yes No
Boynton BLVD
Beach
2080 HIGH
3
RIDGE RD--
City of
2080 HIGH BOYNTON
FL 33426
Charles
561) 742-6079 stevensc@bbfl.us Yes No
RIDGE RD BEACH Stevens
Boynton
Beach
222 NE 9TH
4
AVE -City of 222 NE 9TH BOYNTON
FL 33435
Charles
561) 742-6079 stevensc@bbfl.us Yes No
Boynton AVE BEACH Stevens
Beach
5469 W
BOYNTON
5
BCH BLVD-
5469 W
BOYNTON
BOYNTON
FL 33437
Charles
561) 742-6079 stevensc@bbfl.us Yes No
City of BEACH Stevens
Boynton
BCH BLVD
Beach
2240 N
6
FEDERAL
HWY-City of
2240 N
FEDERAL
BOYNTON
FL 33435
Charles
561) 742-6079 stevensc@bbfl.us Yes No
BEACH Stevens
Boynton HWY
Beach
225 NW 12TH
7 AVE -City of 225 NW 12TH BOYNTON
FL 33435
Charles
561) 742-6079 stevensc@bbfl.us Yes No
Boynton AVE BEACH Stevens
Beach
1021 S
8
FEDERAL
HWY-City of
1021 S
FEDERAL
BOYNTON
FL 33435
Charles
561) 742-6079 stevensc@bbfl.us Yes No
BEACH Stevens
Boynton HWY
Beach
3111 S
9
CONGRESS
AVE -City of
3111 S
CONGRESS
BOYNTON
FL 33426
Charles
561) 742-6079 stevensc@bbfl.us Yes No
BEACH Stevens
Boynton AVE
Beach
6415 N
10
OCEAN
BLVD-Cityof 415 N OCEAN BOYNTON
FL 33435
Charles
561) 742-6079 stevensc@bbfl.us Yes No
BLVD BEACH Stevens
Boynton
Beach
124 E
11
WOOLBRIGH
T RD --City of
124 E
WOOLBRIGHT
BOYNTON
FL 33435
Charles
561) 742-6079 stevensc@bbfl.us Yes No
BEACH Stevens
Boynton RD
Beach
3501 N
12
CONGRESS
AVE of
3501 N
CONGRESS
BOYNTON
FL 33436
Charles
561) 742-6079 stevensc@bbfl.us Yes No
City BEACH Stevens
Boynton AVE
Beach
8020 JOG
13 ROAD -City of 8020 JOG BOYNTON
FL 33472
Charles
561) 742-6079 stevensc@bbfl.us Yes No
Boynton ROAD BEACH Stevens 224
Technical/ TechnicalSatelliteLocationPCodDeMarcExtendtoInsideLocal
Technical / Technical! Local Contact
ine Name /Site Address t Address 2 City State DeMarc Wiring Local Contact Contact Email Location
ID Location Yes/No) Yes/No) Contact
phone # Address
Site
Y/N)
Name YYes/No)
B -City v'
Boynton
Beach
225
Comcast Enterprise Services Sales Order Form
Ethernet Transport Services
Performance Tier (PT) Matrix
Central & Western PTI
W
11 PT3 PT3 PT3 PT3 PT3 1`T2 PTT PR PT2 PTS PT3 PT2 PT3 PT2 PT2 PT2 PT3 P73 P74 PT4 PT3 PT4 PT2
ME
PT3 PT3 PT3 PT4 PT2
PA (PA}
Central Arkasas PT3 PTI PT3 P72 P72 PT3 PT3 PT2 PT3 PT3 PT3 PT2 PT3 PT3 PT3 PT3 PT3 PT2 PT3 PT2 P73 PT3 PT3 PT3 PT2 PT3 PT2 P13 PT3 PT3
CAF)
Central New P73 PT3 P73 PT3 PT2 PT4 PT3 PT3 PT4 P73 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PTS PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT4
Mexico (CNM)
Coastal Georgia PT3 PT2 PT3 PTI PT3 PT3 PT2 PT2 PT3 PT3 PT3 PT3 PT3 PT3 PT2 PT3 PT3 PT3 PT3 PT2 Pr4 PT4 PT2 PT4 PT2 PT2 PT2 PT3 PT4 PT3
CGA)
Colorado (CC) PT3 PT2 PT2 P73 PTI PT4 PT3 PT3 PT3 PT2 PT3 PT2 PT2 PT2 PT3 PT2 PT3 PT3 PT2 PT3 PT2 PT3 P73 PT2 PT3 P73 P73 PT2 PT3 PT3
Eastern 3 PT3 PT4 PT3 PT4 DTI PT3 PT2 PT4 PT3 PT3 PT3 PT3 PT3 PT3 PT3 P73 PT2 PT3 PT2 PT4 PT4 PT3 PT4 PT2 PT3 PT3 PT4 PT4 PT4
Tennessee(ETN)
Florida PT3 PT3 PT3 PT2 PT3 PT3 P71 P72 PT3 PT2 P73 PT3 P73 PT3 PT2 PTS P73 PT2 PT3 PT2 PT3 PT4 PTI PT4 PT2 PT2 PT3 PT3 P74 PT3
Panhandle(FPA)
Greater Atlanta PT2 PT2 PT3 PT2 PT3 PT2 PT2 PT 1 PT3 PT2 PT2 PT 2 PT3 PT2 PT2 PT2 PT2 PT2 PT3 PT2 PT3 PT3 PT2 PT3 PT2 PT2 PT2 PT3 PT3 P73
ATL)
Greater Boston PT2 PT3 PT4 PT3 PT3 PT4 PT3 PT3 PTI PT2 PT2 P73 PT3 PT2 PT3 PT2 PT2 PT3 PT3 PT3 PT4 PT4 PT3 PT4 PT3 PT3 PT3 PT4 PT4 PT2
BOS)
Greater Chicago PT2 PT3 PT3 PT3 P72 PT3 PT2 PT2 PT2 P71 PT2 PT2 PT2 PT2 PT2 PT2 PT2 P72 PT2 PT3 P73 PT3 PT3 PT3 PT2 PT3 PT3 PT3 P73 PT2
CHI)
Great er Phil. & PT2 PT3 PT3 PT3 P73 P73 PT3 PT2 PT2 PT2 PTI PT3 PT3 PT2 PT3 PT2 PT2 PT2 P73 PT3 PT4 PT4 PT3 PT4 PT3 PT3 PT3 P73 PT4 PT2
New Jersey (PHL)
Houston (HOU) PT3 PT2 PT311 PT3 PT2 PT3 P73 PT2 PT3 P72 PT3 PTI PT3 PT2 PT2 PT3 PT3 PT2 PT3 PT3 P73 PT3 PT2 PT3 PT3 PT3 PT2 PT3 PT3 PT3
Independence PT3 PT3 PT3 PT3 PT2 PT3 PT3 P13 PT3 PT2 PT3 PT3 PTI PT2 PT3 PT2 PT3 PT2 PT2 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 P73 PT3
INOD)
Indiana PT2 Pr3 PT3 PT3 PT2 PT3 PT3 PT2 PT2 PT2 PT2 PT2 PT2 PTI PT2 PT2 PT2 PT2 PT2 PT3 PT3 PT3 PT3 P73 P73 PT3 PT3 PT3 P73 PT2IND)
Jacksonville(JAC) PT3 PT3 PT3 PT2 PT3 PT3 PT2 PT2 PT3 PT2 PT3 PT2 PT3 PT2 PTI PT3 P73 P72 PTS PT2 PT4 PT4 PT2 PT4 PT3 PT2 PT3 PT3 PT4 PT3
Michigan (MI) PT2 PT3 PT3 PT3 PT2 PT3 PT3 PT2 PT2 PT2 PT2 PT3 PT2 PT2 PT3 PT1 PT2 PT2 P72 PT3 P73 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT2
MIO-Atlantrc PT2 PT3 PT3 PT3 P73 PT3 PT3 P72 PT2 PT2 P12 PT3 PT3 PT2 PT3 PT2 PTI PT2 PT3 PT3 PT4 PT4 PT3 PT4 PT3 PT3 PT3 PT3 PT4 PT2
MAT)
Middle PT2 PT2 PT3 PT3 PT3 PT2 PT2 PT2 PTS PT2 PT2 PT2 PT2 PT2 PT2 PT2 PT2 PT1 PT2 PT2 PT3 3 PT2 PT3 PT2 DT3 PT3 P73 PT3 PT3
Tennessee(MTN)
PT3 PT3 PT3 PT3 PT2 PT3 P73 PT3 PT3 PT2 PT3 PT3 P72 PT2 PT3 PT2 P73 PT2 PTI P73 P73 PT3 PT3 PT3 PT3 PT3 PT3 P73 PT3 PT3Minnesota (MN)
Northern AL (NAW PT3 PT2 PT3 PT2 1`73 PT2 PT2 PT2 PT3 PT3 PT3 PT3 Pr3 PT3 PT2 PT3 PT3 PT2 P73 PT1 PT4 PT4 PT3 PT4 PT2 PT2 P72 PT3 PT4 PT3
Northern CA PT4 PT3 PT3 PT4 PT2 PT4 PT3 PT3 PT4 PT3 PT4 PT3 PT3 PT3 PT4 PT3 PT4 PT3 PT3 PT4 PT1 PT2 PT4 PT2 PT4 PT4 PT3 PT2 PT2 PT4INCA)
Oregon & SW' PT4 P73 PT4 P74 PT3 P74 PT3 PT4 PT3 PT3 PT3 PT4 PT3 PT4 PT3 PT3 PT4 PT2 PT1 PT4 PT2 PT4 PT4 P73 PT2 PT2 PT4
Washington (OF)
PT4 PT3 PT3
South Florida PT3 PT2 PTS PT3 PT2 PT2 PT3 PT3 PT3 PT2 PT3 PT3 PT2 PT3 P73 PT2 PT3 PT3 PT4 P14 PT1 PT4 PT3 PT2 PT3 PT3 PT4 PT3
SFL)
P73 P73
Southern PT4 PT3 PT3 PT4 PT2 PT4 PT4 PT3 PT4 PT3 PT4 PT3 PT3 PT3 PT4 PT3 PT4 PTI PT3 P14 PT2 P12 PT4 PTI PT4 PTA PT3 PT2 PT2 PT4
California (SCA)
Southern TN & PT3 P72 PT3 P72 PT2 PT2 PT3 PT2 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT2 PT3 PT2 P74 PT4 PT3 P74 PTI PT3 PT2 PT3 PT4 PT3
North GA (STN)
P72 PT2
Southwest Florida PT3 PT2 PT3 PT3 PT2 PT2 PT3 PT3 PT3 PT3 PT3 PT3 PT2 PT3 PT3 PT3 P73 PT2 PT4 PT4 PT2 PT4 PT3 PTI PT3 PT3 PT4 PT3
SWF)
PT3 PT3
SW TN & Norhern PT3 PT2 PT3 PT2 PT3 PT3 PT3 PT2 PT3 PT3 PT3 P72 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT2 P13 PT3 PT3 PT3 PT2 PT3 PT1 PT3 P73 P73
MS (SWT)
P74 PT3 DT3 PT4 PT3 PT3 PT3 DT3 PT3 PTS PT3 PT3 PT3 PT3 PT3 PT2 P72 PT3 PT2 P73 PT3 P73 PT1 PT2 PT4UtahIUT) PT3 PT3 PT3 PT3 PT2
DT4 PT4 DT3 PT6 PT3 PT4 P73 D73 P73 P74 PT3 P71 P73 P73 PT4 P72 PT2 PT4 PT2 PT4 PT4 PTS PT2 DTI P74Washington (WA) PT4 PT3 PT3 PT4 PT3
Western New PT3 PT4 PT3 PT3 PT2 PT2 PT2 PT3 PT3 I PTI PT3 PT2 PT2 PTS PT3 PT3 PT4 PT4 DT3 PT4 PT3 PT3 PT3 P74 PTd PT1England (WNE)
PT2 PT3 PT4 PT3
I I
COMCAST
BUSINESS 2028-02-05 Ba
226
GSA GS-35F-184BA
The entire contract can be found at
https://www.gsaadvantage.gov/ref text/GS35F184BA/OSAUGI.3KFKKA GS-35F-
184BA COMCASTPS000503092016.PDF
Authorized
General Services Administration
Federal Acquisition Service
Information Technology Schedule Pricelist
GS-35F-184BA
Comcast Business Communications, LLC
One Comcast Center
1701 JFK Boulevard
Philadelphia, PA 19103
Phone: 215-665-1700
kevin carnex(i)cable.comcast.com
Contract Number: GS-35F-184BA
Period Covered by Contract: February 1. 2014 — January 31, 2019
R
General Services Administration, Federal Acquisition Service
Pricelist current through Modification A'umber PS -0005, effective 03/09/2016. Products and ordering infomtatiou in this Authorized FAS
Information Technology Schedule Pricelist are also available on the GSA Advantage! System. Agencies can browse GSA Advantage! by
accessing the Federal Acquisition Service's Horne Page via the Internet at httu://www.fi s.asa.ovov
132-52 1 ENS -Basic 20MB I ENS -B20 I Ethernet Network Services- Basic, I ea 1 $462.89
132-52 ENS -Basic 50MB ENS -B50 Ethernet Network Services- Basic,
50MB
ea 632.81
132-52 ENS -Basic 100MB ENS -B100 Ethernet Network Services- Basic,
100MB
ea 925.78
132-52 ENS -Basic 400MB ENS -B400 Ethernet Network Services- Basic,
400MB
ea 1,134.43
132-52 ENS -Basic 1000MB ENS -B1000 Ethernet Network Services- Basic,
1000 M B
ea 1,550.47
227
I RESOLUTION NO. R18-061
41 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE AMENDMENT OF A 60-MONTH
AGREEMENT FOR THE PURCHASE OF WAN NETWORK
CONNECTIVITY SERVICES FROM COMCAST BUSINESS
COMMUNICATIONS, LLC FOR $8,000 A MONTH, UTILIZING
THE GENERAL SERVICES ADMINISTRATION (GSA)
1 I CONTRACT # GS-35F-184BA; AND PROVIDING AN
11 EFFECTIVE DATE.
1i
1
1a! WHEREAS, during the February 20, 2018 City Commission meeting the
1- Commission approved Resolution R18-032 for a 5-year Agreement with Comcast Business
1: Communication s LLC., to provide WAN network connectivity to 13 City building in the
1 amount of$5,565.75, the price which was based off GSA Contract GS-35F-184BA; and
18 WHEREAS, in order to move forward with the Town Square project which the City
19 Commission approved on March 13, 2018, the City has decided to move City Hall, the
2 Library and Police Department to temporary locations which will require the WAN network
21 connectivity services for the time the temporary space is utilized; and
2 WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the
23 recommendation of staff, deems it to be in the best interests of the City residents to approve
2 an amendment to the 60-month agreement for the purchase of WAN network connectivity
25 services from Comcast Business Communications, LLC, adding an additional $2,232.94 per .
2 month for the time the temporary lease space is utilized for City Hall, the Library and the
27 Police Station utilizing the General Services Administration (GSA) contract #GS-
28 35F184BA.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption
33 hereof.
34 Section 2. The City Commission of the City of Boynton Beach, Florida , upon
35 the recommendation of staff, deems it to be in the best interests of the City residents to
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\52FYTEOE\Amen ding_Comcast_Bus iness_Commun ications_WAN_Agreement_-_Resp.doc
228
36 approve an amendment to the 60-month agreement for the purchase of WAN network
37 connectivity services from Comcast Business Communications, LLC, adding an additional
38 $2,232.94 per month for a total monthly payment of $8,000.00 for the time the temporary
39 lease space is utilized for City Hall, the Library and the Police Station utilizing the General
40 Services Administration (GSA) contract#GS-35F184BA.
41 Section 3. This Resolution shall become effective immediately upon passage.
42 PASSED AND ADOPTED this 17th day of April, 2018.
43 CITY OF BOYNTON BEACH, FLORIDA
44 YES NO
45 Mayor— Steven B. Grant65em
46
47 Vice Mayor—Christina L. Romelus
48
49 Commissioner—Mack McCray l
50
51 Commissioner—Justin Katz
52
53 Commissioner—Joe Casello
54
55
56 VOTE
it C1
57 ATTEST:
58
5960 I ,,T1«,
61 Judi A. Pyle, CMC
62 Ci lerk s/
63
64
65
66 (City Seal)
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\52FYTEOE\Amending_Comcast_Business_Communications_WAN_Agreement_-_Reno.doc
229
RESOLUTION NO. R19- D 5 0
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO SIGN TWO 60 -MONTH AGREEMENTS FOR THE
PURCHASE OF WAN NETWORK CONNECTIVITY SERVICES
AND INTERNET SERVICES AND ONE 36 -MONTH AGREEMENT
FOR THE PURCHASE OF WAN NETWORK CONNECTIVITY
SERVICES FROM COMCAST BUSINESS COMMUNICATIONS,
LLC FOR $2,590.28 A MONTH, UTILIZING THE GENERAL
SERVICES ADMINISTRATION (GSA) CONTRACT # GS-35F-
184BA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City currently uses Comcast Business Communications, LLC., to
provide WAN network connectivity services between City buildings and Internet access at
Fire Station #5 and the Library; and
WHEREAS, the Sara Sims Park re -modeling project and Town Square projects now
require the City to add additional WAN network connectivity services and Internet access
services to these locations which will take 6 to 8 months to install; and
WHEREAS, the ITS Department is requesting an increase in funding for Comcast
Business Communications, LLC., from $105,000 a year to $124,000 for fiscal year 2018/2019
and $186,300 for the remaining years of the Agreements as this is needed to cover the new
services and non-exempt taxes and fees that are not included on the quotes; 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 two 60 -month Agreements for the purchase of WAN
network connectivity services and Internet services and a 36 month Agreement for the
purchase of WAN network connectivity services from Comcast Business Communications,
LLC, for $2,590.28 per month utilizing the General Services Administration (GSA) contract
GS-35F184BA and to increase the funding for Comcast Business Communications to
124,000 for fiscal year 2018/2019 and $186,300 for the remaining years of the Agreements.
S:\CA\RESO\Agreements\Comcast Business Communications WAN Agreement (2019)1 - Reso.docx
230
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 City
Manager to sign two 60 -month Agreements for the purchase of WAN network connectivity
services and Internet services and a 36 month Agreement for the purchase of WAN network
connectivity services from Comcast Business Communications, LLC, for $2,590.28 per
month utilizing the General Services Administration (GSA) contract #GS-35F184BA and to
increase the funding for Comcast Business Communications to $124,000 for fiscal year
2018/2019 and $186,300 for the remaining years of the Agreements, copies of which
Agreements are attached hereto as Composite Exhibit "A."
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this '7 day of May, 2019.
ATTEST:
3udith A. Pyle, CMC
City Clerk
Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Ty Penserga
VOTE 5
Queenester Nieves
SXA\RESO\Agreements\Comcast Business Communications WAN Agreement (2019)1 - Reso.docx
231
COMCAST ENTERPRISE SERVICES
GENERAL TERMS AND CONDITIONS FOR E -RATE
General Terms and Conditions")
ARTICLE 1: DEFINITIONS
For purposes of these General Terms and Conditions, the
following terms shall have the meanings specified below.
Affiliate: With respect to each Party, any entity that controls, is
controlled by or is under common control with such, Party.
Agreement: Collectively, these General Terms and Conditions,
the Service Agreement Cover Page executed by both Parties,
any applicable Product Specific Attachment(s) and each
binding Sales Order(s).
Comcast: The operating Affiliate of Comcast Cable
Communications Management, LLC that provides the Services.
References to Comcast in Article 5 and Article 6 shall also
include its Affiliates and their respective directors, officers,
employees, agents, suppliers, licensors, successors, and assigns,
as the case may be.
Comcast Equipment: Any and all facilities, equipment or
devices provided by Comcast or its authorized contractors at the
Service Location(s) that are used to deliver the Services.
Notwithstanding the foregoing, inside telephone wiring within
a Service Location(s), whether or not installed by Comcast,
shall not be considered Comcast Equipment.
Confidential Information: All information regarding either
Party's business which has been marked or is otherwise
communicated as being "proprietary" or "confidential" or
which reasonably should be known by the receiving Party to be
proprietary or confidential information. Without limiting the
foregoing, Confidential Information shall include, even if not
marked, the Agreement, all Licensed Software, promotional
materials, proposals, quotes, rate information, discount
information, subscriber information, network upgrade
information and schedules, network operation information
including without limitation information about outages and
planned maintenance) and invoices, as well as the Parties'
communications regarding such items.
Customer: The entity named on the Service Agreement Cover
Page.
Customer -Provided Equipment: Any and all facilities,
equipment or devices supplied by a party other than Comcast or
its authorized contractors for use in connection with the
Services.
Network: The Comcast Equipment, facilities, fiber optic or
coaxial cable associated with electronics and other equipment
used to provide the Services.
Product Specific Attachment(s) or PSA(s): The additional
terms and conditions applicable to the Service(s).
Sales Order(s): A request to provide the Services to a Service
Location(s) submitted by Customer to Comcast on (a) the then -
current Comcast form designated for such purpose or (b) such
other form, or in such other manner, as may be agreed upon by
the Parties. The initial Sales Order(s) is attached to this
Agreement. All subsequent Sales Order(s) submitted under the
Agreement shall have the same Service Term duration as
identified on the Service Agreement Cover Page.
Service(s): Service(s) provided by Comcast pursuant to a Sales
Order(s). All Services provided under the Agreement are for
commercial, non-residential use only.
Service Commencement Date: With respect to each
Service(s), "Service Commencement Date" shall have the
meaning specified in the PSA(s) applicable to such Service(s),
it being understood that a single Sales Order containing
multiple Service Location(s) or Service(s) may have multiple
Service Commencement Dates.
Service Location(s): The Customer location(s) where Comcast
provides the Services.
Service Term: As specified in a Sales Order(s), the duration of
time (which shall commence on the Service Commencement
Date) for which Services are ordered.
Termination Charges: Charges that may be imposed by
Comcast upon early termination of a Service(s) as specified in
the applicable PSA.
Website: The Comcast website where the PSA(s), the Privacy
Policy and the Use Policies are posted. The current URL for the
Website is https://business.comcast.com/terms-conditions-ent
as the same may be updated by Comcast from time -to -time).
ARTICLE 2. DELIVERY OF SERVICE
2.1 Orders. To request Service at a Service Location(s),
Customer shall submit a properly completed Sales Order(s) to
Comcast. Such Sales Order(s) shall become binding on the
Parties upon the earlier of (i) Comcast's notice to Customer that
it accepts such Sales Order(s), (ii) Comcast begins providing
the Service(s) described in the Sales Order(s) or (iii) Comcast
begins installation or construction for delivery of the Service(s).
Each Sales Order(s) submitted by Customer may be subject to
an engineering review which will determine whether and to
what extent the Network must be extended, built or upgraded in
order to provide the ordered Service(s). Comcast will provide
Customer written notification in the event Service(s)
installation at any Service Location(s) will require an additional
non-recurring installation fee ("Custom Installation Fee" or
Construction Charges"). Notwithstanding anything to the
contrary contained in this Article 2.1, Customer shall have five
5) days from receipt of such notice to reject the Custom
Installation Fee and terminate the ordered Services at the
affected Service Location(s). For certain Service(s), the
Engineering Review will be conducted prior to Sales Order(s)
submission. In such case, Customer shall be deemed to have
accepted the designated Custom Installation Fee upon
submission of the applicable Sales Order.
2.2 Access. In order to deliver Services to Customer,
Comcast may require access, right-of-way, conduit, and/or
common room space ("Access") within and/or outside each
2 of 9
V.112818 CONFIDENTIAL and PROPRIETARY
232
Service Location(s). Within the Service Location(s), Customer
shall be solely responsible for securing and maintaining such
Access as Comcast may require to deliver the Service(s). In the
event that Customer fails to secure or maintain such Access,
Comcast (i) may cancel or terminate Service(s) at such Service
Location(s) pursuant to Article 4.3 and (ii) shall be excused
from its obligations with respect to the Service(s) at such
Service Location(s) (including any obligation to issue service
credits) until such time as Customer provides Comcast with the
necessary Access. If Comcast is unable to secure or maintain
Access outside a particular Service Location(s), which Access
is needed to provide Service(s) to such Service Location(s),
Customer or Comcast may cancel or terminate Service(s) at
such Service Location(s), without further liability beyond the
termination date, upon a minimum thirty (30) days' prior
written notice to the other Party.
2.3 Hazardous Materials. If the presence of asbestos or
other hazardous materials exists or is detected at a Service
Location(s) or within the building where the Service
Location(s) is located, Comcast may immediately stop
providing and/or installing Service(s) until such materials are
removed. Customer shall be responsible for any additional
expense incurred by Comcast as a result of encountering, or in
the avoidance of, hazardous materials.
2.4 Equipment
A. Comcast Equipment. Comcast may, in its sole
discretion, remove or change Comcast Equipment. Customer
shall not move, rearrange, disconnect, remove, attempt to
repair, or otherwise tamper with any Comcast Equipment or
permit others to do so, and shall not use the Comcast Equipment
for any purpose other than as authorized by the Agreement.
Customer shall (i) provide an adequate environmentally
controlled space and such electricity as may be required for
installation, operation, and maintenance of the Comcast
Equipment and (ii) be responsible for damage to, or loss of,
Comcast Equipment caused by its acts or omissions, or by fire,
theft or other casualty at the Service Location(s), unless caused
by the gross negligence or willful misconduct of Comcast.
Comcast shall maintain, at its cost, Comcast Equipment during
the term of this Agreement; provided, however, that such
maintenance shall be at Customer's cost to the extent it is
related to causes other than the ordinary and proper use of the
Comcast Equipment. Upon termination or expiration of this
Agreement and/or any Sales Order(s), Customer shall be
responsible for the return of all applicable Comcast Equipment.
Until such time as the Comcast Equipment is returned to
Comcast, Comcast may continue to invoice Customer for the
monthly fee applicable to such Comcast Equipment. If any
returned Comcast Equipment has been damaged and/or
destroyed other than by Comcast or its agents, normal wear and
tear excepted, Comcast may, in its sole discretion, invoice
Customer for the manufacturer's list price of such Comcast
Equipment or the cost of repair.
B. Customer -Provided Equipment. Customer shall
have sole responsibility for providing maintenance, repair,
operation and replacement of all Customer -Provided
Equipment, inside telephone wiring and other Customer
equipment and facilities on the Customer's side of the
demarcation point (i.e., the point of interconnection between the
Network and Customer -Provided Equipment located at a
Service Location(s)). Neither Comcast nor its employees,
Affiliates, agents or contractors shall (i) have any obligation to
install, operate, or maintain Customer -Provided Equipment or
ii) be liable for any damage, loss, or destruction to Customer -
Provided Equipment, unless caused by the gross negligence or
willful misconduct of Comcast. Customer -Provided Equipment
shall at all times be compatible with the Network. Customer
shall be responsible for the payment of service charges for visits
by Comcast's employees or agents to a Service Location(s)
when the service difficulty or trouble report results from
Customer -Provided Equipment.
2.5 Network, Intellectual Property and IP Addresses.
A. The Network is and shall remain the property of
Comcast regardless of whether installed within, upon,
overhead, above, or underground at or near the Service
Location and shall not be considered a fixture or an addition to
the land or the Service Location(s) located thereon. Customer
agrees that it shall take no action that directly or indirectly
impairs Comcast's title to the Network, or any portion thereof,
or exposes Comcast to any claim, lien, encumbrance, or legal
process, except as otherwise agreed in writing by the parties.
Nothing in this Agreement shall preclude Comcast from using
the Network for services provided to other Comcast customers.
For a period of twelve (12) months following Comcast's
discontinuance of Service to the Service Location(s), Comcast
retains the right to remove the Network. To the extent Comcast
removes such portion of the Network it shall be responsible for
returning the Service Location(s) to its prior condition,
reasonable wear and tear excepted.
B. Customer acknowledges that use of the Services does
not give it any ownership or other rights in any telephone
number or Internet/online addresses provided in connection
with such Services, including, but not limited to, Internet
Protocol addresses, e-mail addresses and web addresses.
C. Title and intellectual property rights to (i) the Services
and (ii) any computer software or code provided by Comcast to
use the Services, including, but not limited to, associated
documentation, and all updates thereto ("Licensed Software")
are, in each case, owned by Comcast, its agents, suppliers or
affiliates or their licensors or otherwise by the owners of such
material. The copying, redistribution, bundling or publication
of the Services, in whole or in part, without the express prior
written consent of Comcast or other owner of such material, is
prohibited.
D. The Agreement provides no right to use any Party's or
its Affiliates' trademarks, service marks, or trade names, or to
3 of 9
V.112818 CONFIDENTIAL and PROPRIETARY
233
otherwise refer to the other Party in any marketing,
promotional, or advertising materials or activities.
2.6 License Grant. If Customer requires the use of
Licensed Software from Comcast in order to use the Services,
Customer shall have a nonexclusive, nontransferable, and
limited license to use such Licensed Software in object code
only and solely to the extent necessary to use the applicable
Service during the corresponding Service Term. Customer may
not claim title to, or an ownership interest in, any Licensed
Software (or any derivations or improvements thereto), and
Customer shall execute any documentation reasonably required
by Comcast, including, without limitation, end-user license
agreements for the Licensed Software. Customer shall not: (i)
copy the Licensed Software (or any upgrades thereto or related
written materials) except for emergency back-up purposes or as
permitted by the express written consent of Comcast; (ii)
reverse engineer, decompile, or disassemble the Licensed
Software; (iii) sell, lease, license, or sublicense the Licensed
Software; or (iv) create, write, or develop any derivative
software or any other software program based on the Licensed
Software. Customer acknowledges that the use of Service may
periodically require updates and/or changes to the Licensed
Software resident in the Comcast Equipment or Customer
Provided -Equipment. Customer hereby consents to, and shall
provide free access for, such updates deemed reasonably
necessary by Comcast.
ARTICLE 3. BILLING AND PAYMENT
3.1 Charees, Changes to MRC; Taxes.
A. Customer agrees to pay all charges associated with the
Services, including, but not limited to, (i) any fees or payment
obligations in connection with the Services imposed by
governmental or quasi -governmental bodies in connection with
the sale, installation, use, or provision of the Services (e.g.,
applicable franchise fees, right of way fees and Universal
Service Fund charges) regardless of whether Comcast or its
Affiliates pay the fees directly or are required or permitted by
law to collect them from Customer and (ii) charges incurred as
the result of fraudulent or unauthorized use of the Services. Any
failure on the part of Customer to be ready to receive Service,
or any refusal on the part of Customer to receive Service, shall
not relieve Customer of its obligation to pay charges for any
Service that is otherwise available for use. For the avoidance
of doubt, Comcast shall not be responsible for any purchases
made by Customer or its end users while using the Services.
B. With respect to each Sales Order, Comcast may, upon
thirty (30) days prior written notice to Customer (or such longer
period as may be required by law) modify the monthly recurring
charges applicable to (i) Ethernet, Internet and/or Video
Services at any time after the expiration of the initial Service
Term and (ii) any other services at any time; provided, that,
Customer acknowledges and agrees that such notice
requirement may be satisfied by including notice of a monthly
recurring charge modification(s) in a Customer invoice.
Customer shall have thirty (30) days from receipt of any such
V.112818
notice to cancel the applicable Service without further liability.
Should Customer fail to cancel within such timeframe,
Customer shall be deemed to have accepted the modified
Service pricing.
C. Except to the extent Customer provides a valid tax
exemption certificate prior to the delivery of Service, Customer
shall be responsible for the payment of any and all applicable
local, state, and federal taxes or fees (however designated).
Customer shall also be responsible to pay any Service fees,
payment obligations and taxes that become applicable
retroactively.
3.2 Payment Terms; Disputes
A. Except as otherwise indicated herein or in a PSA,
Comcast will invoice Customer in advance on a monthly basis
for all monthly recurring charges and fees arising under the
Agreement. All other charges will be billed monthly in arrears,
including without limitation, certain usage based charges and
third party pass through fees. Payment is due upon presentation
of an invoice and will be considered timely made to Comcast if
received within thirty (30) days after the invoice date. If a
Service Commencement Date is not the first day of a billing
period, Customer's first monthly invoice shall include any pro-
rated charges for the Services, from the Service
Commencement Date to the start of the next billing period. In
certain cases, Comcast may agree to provide billing services on
behalf of third parties, as the agent of the third party based on
Customer's agreements with such third parties ("Third Party
Fees"). Any such Third -Party Fees shall be payable pursuant to
Customer's contract or other arrangement with such third party
and/or Comcast. Comcast shall not be responsible for any
dispute regarding Third Party Fees. Partial payment of any bill
will be applied to the Customer's outstanding charges in
amounts and proportions solely determined by Comcast. Except
to the extent otherwise prohibited by law, Customer will be
assessed a service charge up to the full amount permitted under
applicable law for any check or other instrument used to pay for
the Services that has been rejected by the bank or other financial
institution. Any payment not made when due will be subject to
a late charge equal to the lower of (i) 1.5% per month and (ii)
the highest rate allowed by law. If Comcast is required to use a
collection agency or attorney to collect any amount owed by
Customer or any unreturned Comcast Equipment, Customer
agrees to pay all reasonable costs of collection or other action.
No acceptance of partial payment(s) by Comcast shall
constitute a waiver of any rights to collect the full balance owed
under the Agreement.
B. If Customer disputes any portion of an invoice,
Customer shall pay the undisputed portion of the invoice and
submit a written claim, including all substantiating
documentation, to Comcast for the disputed amount of the
invoice by the invoice due date. The parties shall negotiate in
good faith to resolve any billing dispute submitted by Customer
pursuant to this Article 3.2(B). Under no circumstances may
Customer submit a billing dispute to Comcast later than ninety
CONFIDENTIAL and PROPRIETARY
4 of 9
234
90) days following Customer's receipt of the applicable
invoice.
3.3 Credit Approval and Deposits. Initial and ongoing
delivery of Services may be subject to credit approval.
Customer authorizes Comcast to make inquiries and to receive
information about Customer's credit history from others and to
enter this information in Customer's records. Comcast, in its
sole discretion, may deny the Services based upon an
unsatisfactory credit history. Subject to applicable regulations,
Comcast may require Customer to make a deposit as a condition
to Comcast's provision of the Services, or as a condition to
Comcast's continuation of the Services. The deposit will not,
unless explicitly required by law, bear interest and shall be held
by Comcast as security for payment of Customer's charges.
Comcast may apply the deposit to any delinquent Customer
charges upon written notice to Customer.
3.4 E -Rate Funding. Comcast makes no representations
or warranties with respect to the eligibility or ineligibility of the
Services or any Service component for federal a -rate support or
for other governmental and quasi -governmental
telecommunications/intemet discounts or entitlements
collectively, "E -Rate Funding"). Customer expressly
understands and agrees that it is responsible for ensuring that
Comcast is paid one hundred percent (100%) of all non-
recurring charges ("NRC(s)"), monthly recurring Service
charges ("MRC(s)") and other amounts required under this
Agreement in accordance with the payment intervals specified
therein. Unless and until the Customer has received, or has been
designated as a recipient of, E -Rate Funding for the Services,
Customer may not withhold or offset any such amounts on the
basis of its anticipated receipt of E -Rate Funding, except as
otherwise set forth below. In the event that the Customer has
received, or has been designated as a recipient of, E -Rate
Funding for the Services, Customer may choose to either (1)
pay Comcast in full for the Services, or (2) receive discounted
bills from Comcast. If Customer chooses option (1), the
Customer must utilize the applicable customer -initiated
reimbursement process relative to such E -Rate Funding.
Comcast shall have no obligation to discount or pro -rate its
invoices or to take other action to process such E -Rate Funding,
except to the extent specifically required by law and regulation,
or except as otherwise set forth above or below.
Notwithstanding this, Comcast will reasonably assist Customer
in the completion of any portions of the FCC Form 472 which,
as a matter of law or regulation, are required to be completed
by the service provider. If Customer chooses option (2),
Comcast shall have no obligations under this Agreement until
Customer provides Comcast the copy of the Notification and
Acceptance of Form(s) 486 from the Universal Services
Administrative Company, Schools and Libraries Division
SLD"), approving Customer's eligibility for E -Rate Funding.
A Customer selecting option (2) is required to pay Comcast the
non -discounted portion of all NRC(s), MRC(s), and other
amounts required under this Agreement in accordance with the
payment interval specified therein. Customer also must
reasonably assist Comcast in completing the Service Provider
Invoice Form (FCC Form 474) and obtaining full payment of
the discount amount from the Universal Service Administrative
Company or other E -Rate fund administrator or administrative
entity. If during the term of this Agreement, Customer fails to
appropriate funds or if funds are not otherwise made available
for continued performance for any fiscal period of the
Agreement succeeding the first fiscal period, Customer may
elect to (i) continue to receive Services under this Agreement,
in which Customer shall remain bound by the terms and
conditions set forth hereunder and remain responsible for all
NRC(s) and MRC(s), as set forth in the Agreement or
applicable Sales Order(s), for the remaining term applicable
thereto, irrespective of E -Rate Funding status, or, (ii) terminate
this Agreement or Sales Order(s) upon written notice as of the
beginning of the fiscal year for which funds are not appropriated
or otherwise made available. The effect of termination of the
Agreement or Sales Order(s) hereunder will be to discharge
both Comcast and the Customer from future performance of the
Agreement. However, Comcast shall be reimbursed for any and
all unpaid NRC(s), any unpaid past due balance(s), and any
additional costs already incurred by Comcast in conjunction
with this Agreement. Customer shall notify Comcast in writing
within thirty (30) days of fiscal budget denial indicating funds
may not be available for the continuation of the Agreement for
each succeeding fiscal period beyond the first year. In no event
shall Comcast initiate construction of the Network until proof
of funding has been received, in whole or in part, based on
100% Customer -furnished funds or partially reimbursed funds
by the SLD.
ARTICLE 4. TERM & TERMINATION
4.1 Sales Order Term. Upon the expiration of the Service
Term applicable to a Sales Order, each Sales Order shall
automatically renew for successive periods of one (1) month
each (each, a "Renewal Term"), not to exceed twelve (12)
months. unless prior written notice of non -renewal is delivered
by either Party to the other at least thirty (30) days before the
expiration of the Service Term or the then current Renewal
Term. To the extent the initial Service Term or a Renewal Term
applicable to a Sales Order extends beyond the expiration date
of the term set forth on the Service Agreement Cover Page, such
Sales Order shall continue to be governed by the terms and
conditions of the Agreement.
4.2 Termination for Convenience. Notwithstanding any
other term or provision in this Agreement, Customer shall have
the right, in its sole discretion, to terminate any or all Sales
Order(s) at any time, upon thirty (30) days prior written notice
to Comcast. Comcast may terminate the Agreement upon notice
if Customer does not take any Service under a Sales Order for
twelve (12) consecutive months or longer.
4.3 Termination for Cause. If either Party breaches any
material term of the Agreement and the breach continues un-
remedied for thirty (30) days after written notice of default, the
other Party may terminate for cause any Sales Order(s)
5 of 9
V.112818 CONFIDENTIAL and PROPRIETARY
235
materially affected by the breach. Either Party may terminate
a Sales Order immediately upon notice to the other Party if the
other Party has become insolvent or involved in liquidation or
termination of its business, or adjudicated bankrupt, or been
involved in an assignment for the benefit of its creditors.
4.4 Effect of Expiration/Termination of a Sales Order.
Upon the expiration or termination of a Sales Order(s) for any
reason (i) Comcast shall disconnect the applicable Service(s),
ii) Comcast may delete all applicable data, files, electronic
messages, or other information stored on Comcast's servers or
systems and (iii) Comcast may assess and collect from
Customer applicable Termination Charges. Termination by
either Party of a Sales Order does not waive any other rights or
remedies that it may have under this Agreement. The non -
defaulting Party shall be entitled to all available legal and
equitable remedies for such breach.
ARTICLE 5. LIMITATION OF LIABILITY;
DISCLAIMER OF WARRANTIES
5.1 Limitation of Liability.
A. THE AGGREGATE LIABILITY OF COMCAST
FOR ANY AND ALL LOSSES, DAMAGES AND CAUSES
ARISING OUT OF THE AGREEMENT, INCLUDING,
BUT NOT LIMITED TO, THE PERFORMANCE OF
SERVICE, AND NOT OTHERWISE LIMITED
HEREUNDER, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, SHALL NOT EXCEED DIRECT
DAMAGES EQUAL TO THE SUM TOTAL OF
PAYMENTS MADE BY CUSTOMER TO COMCAST
DURING THE THREE (3) MONTHS IMMEDIATELY
PRECEDING THE EVENT FOR WHICH DAMAGES
ARE CLAIMED. THIS LIMITATION SHALL NOT
APPLY TO COMCAST'S INDEMNIFICATION
OBLIGATIONS AND CLAIMS FOR DAMAGE TO
PROPERTY AND/OR PERSONAL INJURIES
INCLUDING DEATH) ARISING OUT OF THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF
COMCAST WHILE ON THE CUSTOMER SERVICE
LOCATION.
B. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN THE AGREEMENT, IN
NO EVENT SHALL THE AGGREGATE LIABILITY OF
COMCAST UNDER THIS AGREEMENT FOR ALL
INDEMNIFICATION OF IP CLAIMS UNDER SECTION
6.1(i) OF THESE GENERAL TERMS AND CONDITIONS
EXCEED THE GREATER OF (I) ONE (1) MILLION
DOLLARS ($1,000,000) AND (Il) THE AGGREGATE
AMOUNT OF FEES RECEIVED BY COMCAST FROM
CUSTOMER DURING THE TWELVE (12) MONTH
PERIOD IMMEDIATELY PRECEDING THE DATE ON
WHICH THE IP CLAIM FIRST AROSE.
C. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN THE AGREEMENT, IN
NO EVENT SHALL COMCAST BE LIABLE FOR ANY
LOSS, DAMAGE OR CLAIM ARISING OUT OF OR
RELATED TO: (1) STORED, TRANSMITTED, OR
RECORDED DATA, FILES, OR SOFTWARE; (2) ANY
ACT OR OMISSION OF CUSTOMER, ITS USERS OR
THIRD PARTIES; (3) INTEROPERABILITY,
INTERACTION OR INTERCONNECTION OF THE
SERVICES WITH APPLICATIONS, EQUIPMENT,
SERVICES OR NETWORKS PROVIDED BY
CUSTOMER OR THIRD PARTIES; OR (4) LOSS OR
DESTRUCTION OF ANY CUSTOMER HARDWARE,
SOFTWARE, FILES OR DATA RESULTING FROM
ANY VIRUS OR OTHER HARMFUL FEATURE OR
FROM ANY ATTEMPT TO REMOVE IT. CUSTOMER
IS SOLELY RESPONSIBLE FOR BACKING UP ITS
DATA, FILES, AND SOFTWARE PRIOR TO THE
INSTALLATION OF SERVICE AND AT REGULAR
INTERVALS THEREAFTER.
D. NOTWITHSTANDING ANYTHING TO
CONTRARY CONTAINED IN THIS AGREEMENT,
NEITHER PARTY SHALL BE LIABLE TO THE OTHER
FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
COVER, PUNITIVE OR CONSEQUENTIAL DAMAGES,
WHETHER OR NOT FORESEEABLE, OF ANY KIND
INCLUDING BUT NOT LIMITED TO ANY LOSS
REVENUE, LOSS OF USE, LOSS OF BUSINESS, OR
LOSS OF PROFIT WHETHER SUCH ALLEGED
LIABILITY ARISES IN CONTRACT OR TORT;
PROVIDED, THAT, THE FOREGOING LIMITATION
SHALL NOT LIMIT CUSTOMER'S LIABILITY FOR
AMOUNTS OWED FOR THE SERVICES, FOR ANY
EQUIPMENT OR SOFTWARE PROVIDED BY
COMCAST, OR FOR TERMINATION CHARGES.
5.2 Disclaimer of Warranties. Services shall be provided
pursuant to the terms and conditions in the applicable PSA(s)
and Service Level Agreement, and are in lieu of all other
warranties, express, implied or statutory, including, but not
limited to, the implied warranties of merchantability, fitness for
a particular purpose, title, and non -infringement. TO THE
MAXIMUM EXTENT ALLOWED BY LAW, COMCAST
EXPRESSLY DISCLAIMS ALL SUCH EXPRESS,
IMPLIED AND STATUTORY WARRANTIES. Without
limiting the generality of the foregoing, and except as otherwise
identified in a PSA(s) or Service Level Agreement, Comcast
does not warrant that the Services, Comcast Equipment, or
Licensed Software will be uninterrupted, error -free, or free of
latency or delay, or that the Services, Comcast Equipment, or
Licensed Software will meet customer's requirements, or that
the Services, Comcast Equipment, or Licensed Software will
prevent unauthorized access by third parties. Customer
acknowledges and agrees that the Services are not fail-safe and
are not designed or intended for use in situations requiring fail-
safe performance or in which an error or interruption in the
Services could lead to severe injury to business, persons,
property or environment.
6of9
V.112818 CONFIDENTIAL and PROPRIETARY
236
5.3 Exclusive Remedies. Customer's sole and exclusive
remedies are as expressly set forth in the Agreement. In those
states where Customer's remedies cannot be so limited, the
liability of Comcast is limited to the maximum extent permitted
by law.
ARTICLE 6. INDEMNIFICATION
6.1 Comcast's Indemnification Obligations. Subject to
Article(s) 5.1(B), 5.1(C) and 5.1(D) and any other limitations
contained in the Agreement, Comcast shall indemnify defend, and
hold harmless Customer, its Affiliates and their respective
employees, directors, officers, and agents (the "Customer
Indemnified Parties") from and against all , actions, causes of
actions, damages, liabilities, losses, and expenses (including
reasonable attorneys' fees) arising out of (i) infringement of U.S.
patent or copyright law based solely on Comcast Equipment or
Licensed Software;ronvided, that, Comcast shall have no liability
for any claim of infringement arising from: (a) Comcast's
compliance with any designs, specifications, or instructions of
Customer; (b) modification or alteration of the Licensed Software
or Comcast Equipment by Customer or a third party without the
prior knowledge and written approval of an authorized officer of
Comcast; (c) use of the Licensed Software or Comcast Equipment
in a way not authorized in writing by an authorized officer of
Comcast; and/or (d) Customer's failure to use an updated version
of the Licensed Software or Comcast Equipment which has been
provided, or made available, to Customer and (ii) damage to
tangible personal property or real property, and personal injuries
including death) arising out of the gross negligence or willful
misconduct of Comcast while working on the Service Locations.
6.2 Customer's Indemnification Obligations. Customer
shall indemnify, defend, and hold harmless Comcast from any
and all Claims arising on account of or in connection with
Customer's and its users' use or sharing of the Service provided
under the Agreement, including with respect to: (i) any content
received or distributed by Customer or its users through the
Service, (ii) libel, slander, infringement of copyright, or
unauthorized use of trademark, trade name, or service mark
arising out of communications via the Service; (iii) for patent
infringement arising from Customer's combining or connection of
Customer -Provided Equipment to use the Service and (iv) for
damage arising out of the gross negligence or willful misconduct
of Customer.
6.3 Indemnification Procedures. To the extent a Party
may be entitled to indemnification under this Agreement (an
Indemnified Party"), such Indemnified Party shall (i) promptly
notify the other Party (the "Indemnifying Party") in writing of
any pending or threatened claim or demand that the Indemnified
Party has determined has given or would reasonably be
expected to give rise to such right of indemnification (an
Action") and (ii) cooperate in every reasonable way to
facilitate the defense or settlement of such Action. The
Indemnifying Party shall assume the defense of any Action with
counsel reasonably satisfactory to the Indemnified Party. The
Indemnified Party may employ its own counsel in any such
case, and shall pay such counsel's fees and expenses. The
Indemnifying Party shall have the right to settle any claim for
which indemnification is available;ropvided, however, that to
the extent that such settlement requires the Indemnified Party
to take or refrain from taking any action or purports to obligate
the Indemnified Party, then the Indemnifying Party shall not
settle such claim without the prior written consent of the
Indemnified Party, which consent shall not be unreasonably
withheld, conditioned or delayed.
ARTICLE 7. CONFIDENTIAL INFORMATION AND
PUBLICITY
7.1 Disclosure and Use. All Confidential Information
disclosed by either Party shall, during the term of the
Agreement and for two (2) years after the expiration or
termination thereof (or such longer period as may be required
by law), be kept by the receiving Party in strict confidence and
shall not be disclosed to any third party without the disclosing
Party's express written consent. Notwithstanding the
foregoing, (i) such information may be disclosed (A) to the
receiving Party's employees, affiliates, and agents who have a
need to know for the purpose of performing under this
Agreement, using the Services and rendering the
Services(provided that in all cases the receiving Party shall take
appropriate measures prior to disclosure to its employees,
affiliates, and agents to assure against unauthorized use or
disclosure) or (B) as otherwise authorized by this Agreement
and (ii) each Party's confidentiality obligations hereunder shall
not apply to information that: (A) is already known to the
receiving Party without a pre-existing restriction as to
disclosure, (B) is or becomes publicly available without fault of
the receiving Party; (C) is rightfully obtained by the receiving
Party from a third party without restriction as to disclosure, or
is approved for release by written authorization of the
disclosing Party, (D) is developed independently by the
receiving Party without use of the disclosing Party's
Confidential Information or (E) is required to be disclosed by
law or regulation. Each P arty agrees to treat all Confidential
Information of the other in the same manner as it treats its own
proprietary information, but in no case using less than a
reasonable degree of care. Notwithstanding anything to the
contrary contained in this Article 7.1 or the Agreement,
Customer acknowledges and agrees that Comcast shall have no
liability or responsibility for content received or distributed by
Customer or its users through the Service.
7.2 Publicity. Neither Party shall issue any publication or
press release relating to, or otherwise disclose the existence of,
the terms and conditions of any contractual relationship
between Comcast and Customer without the prior written
consent of the other Party. Notwithstanding the foregoing,
Comcast may include Customer's name on Comcast's customer
lists together with a description of Services purchased (financial
terms not to be disclosed). If Customer wishes to remove
Customer's name from such list or to limit the foregoing use of
Customer's name, Customer may contact Comcast as set forth
7 of 9
V. 112818 CONFIDENTIAL and PROPRIETARY
237
in Article 9.3 of these General Terms and Conditions and
Comcast will effect such removal.
7.3 Remedies. Notwithstanding any other Article of this
Agreement, the non -breaching Party shall be entitled to seek
equitable relief to protect its interests pursuant to this Article 7,
including, but not limited to, injunctive relief.
ARTICLE 8. PROHIBITED USES; USE AND PRIVACY
POLICIES
8.1 Prohibited Uses; Comcast Use Policies. Customer is
prohibited from using, or permitting the use of, any Service (i)
for any purpose in violation of any law, rule, regulation, or
policy of any government authority; (ii) in violation of any Use
Policy (as defined below); (iii) for any use as to which
Customer has not obtained all required government approvals,
authorizations, licenses, consents, and permits; or (iv) to
interfere unreasonably with the use of Comcast service by
others or the operation of the Network. Customer is responsible
for the compliance of its users with the provisions of the
Agreement. Customer may not sell, resell, sublease, assign,
license, sublicense, share, provide, or otherwise utilize in
conjunction with a third party (including, without limitation, in
any joint venture or as part of any outsourcing activity) the
Services or any component thereof. Customer acknowledges
and agrees that Customer's and its users' use of Services shall
be subject to Comcast's acceptable use policies ("AUPs") and
security policies (together with the AUPs, the "Use Policies")
that may limit Customer's and its users' use of the Services. The
Use Policies are posted on the Website, and are incorporated
into this Agreement by reference. Comcast reserves the right to
act immediately and without notice to (i) terminate or suspend
the Services and/or to remove from the Services any
information transmitted by or to Customer or users, if Comcast
determines that such use or information is in violation of this
Article 8.1 or the Use Policies and (ii) terminate or suspend the
Services in the event of fraudulent use of Customer's Services.
Customer acknowledges and agrees that Comcast may, but is
not obligated to, detect or report unauthorized or fraudulent use
of the Services to Customer.
8.2 Privacy Policy. Comcast's commercial privacy policy
the "Privacy Policy') applies to Comcast's handling of
Customer confidential information. The Privacy Policy is
available on the Website. Notwithstanding the foregoing or
anything to the Contrary contained in the Agreement or the
Privacy Policy, Comcast is not responsible for any information
provided by Customer to third parties and Customer assumes
all privacy and other risks associated with providing personally
identifiable information to third parties via the Services.
ARTICLE 9. MISCELLANEOUS TERMS
9.1 Force Maieure. Neither Party nor its Affiliates shall
be liable to the other Party for any delay, failure in performance,
loss, or damage to the extent caused by force majeure
conditions such as acts of God, fire, explosion, power blackout,
cable cuts, acts of regulatory or governmental agencies,
unforeseeable third party actions, or other causes beyond the
Party's reasonable control, except that Customer's obligation to
pay for Services provided under the Agreement shall not be
excused. Changes in economic, business or competitive
condition shall not be considered force majeure events.
9.2 Assignment or Transfer. Customer shall not assign
any right, obligation or duty, in whole or in part, nor of any
other interest hereunder, without the prior written consent of
Comcast, which shall not be unreasonably withheld. All
obligations and duties of either Party hereunder shall be binding
on all successors in interest and permitted assigns of such Party.
9.3 Notices. Except as otherwise identified herein, any
notice sent pursuant to the Agreement shall be deemed given
and effective when sent by facsimile (confirmed by first-class
mail), or when delivered by overnight express or other express
delivery service, in each case, to the following addresses (or to
such other addresses as a Party may designate by written notice
to the other Party): (i) with respect to Customer, to the address
set forth on any Sales Order; or (ii) with respect to Comcast, to:
Vice President of Sales Operations (Comcast Business), One
Comcast Center, 1701 JFK Blvd., Philadelphia, PA 19103, with
a copy to Cable Law Department, One Comcast Center, 50th
Floor, 1701 JFK Blvd., Philadelphia, PA 19103. Alternatively,
Customer may send termination notice to Comcast through the
Comcast disconnection portal found at the following URL:
https://business.coincast.com/iandingpage/disconnect (as the
same may be updated by Comcast from time -to -time).
9.4 Amendments; Changes to the Agreement. The
Agreement may not be amended except by a written agreement
executed by the Parties; provided, that, notwithstanding the
foregoing, Comcast may change or modify the PSA(s) and any
related policies (including the Use Policies and Privacy Policy)
from time to time ("Revisions") by posting such Revisions to
the Website. The Revisions are effective upon posting to the
Website. Customer will receive notice of any Revisions in the
next applicable monthly invoice. Customer shall have thirty
30) calendar days from the invoice notice of such Revisions to
provide Comcast with written notice that the Revisions
adversely affect Customer's use of the Service(s). If, after such
notice, Comcast is able to verify such adverse effect but is
unable to reasonably mitigate the Revision's impact on such
Service(s), then Customer may terminate the impacted
Service(s) without further obligation to Comcast beyond the
termination date, including Termination Charges, if any. This
shall be Customer's sole and exclusive remedy for any
Revisions. Terms or conditions contained in any Sales Order,
or restrictive endorsements or other statements on any form of
payment, shall be void and of no force or effect.
9.5 Tariffs. Notwithstanding anything to the contrary in
the Agreement, Comcast may elect or be required to file with
regulatory agencies tariffs for certain Services. In such event,
the terms set forth in the Agreement may, under applicable law,
be superseded by the terms and conditions of the tariffs.
Without limiting the generality of the foregoing, in the event of
8 of 9
V 112919 CONFIDENTIAL and PROPRIETARY
238
any inconsistency with respect to rates, the rates and other terms
set forth in the applicable Sales Order shall be treated as
individual case based arrangements to the maximum extent
permitted by law, and Comcast shall take such steps as are
required by law to make the rates and other terms enforceable.
If Comcast voluntarily or involuntarily cancels or withdraws a
tariff under which a Service is provided to Customer, the
Service will thereafter be provided pursuant to the Agreement
and the terms and conditions contained in the tariff immediately
prior to its cancellation or withdrawal. In the event that
Comcast is required by a governmental authority to modify a
tariff under which Service is provided to Customer in a manner
that is material and adverse to either Party, the affected Party
may terminate the applicable Sales Order(s) upon a minimum
thirty (30) days' prior written notice to the other Party, without
further liability.
9.6 Entire Understanding; Construction; Survival;
Headings; No Waiver. The Agreement supersedes all prior
agreement between the Parties with respect to its subject matter
and constitutes a complete and exclusive statement of the terms
of the agreement between the Parties with respect to the subject
matter hereof. In the event that any portion of the Agreement is
held to be invalid or unenforceable, the Parties shall replace the
invalid or unenforceable portion with another provision that, as
nearly as possible, reflects the original intention of the Parties,
and the remainder of the Agreement shall remain in full force
and effect. The rights and obligations of either Party that by
their nature would continue beyond the termination or
expiration of the Agreement shall survive termination or
expiration of the Agreement. The article headings used herein
are for reference only and shall not limit or control any term or
provision of this Agreement or the interpretation or
construction thereof. No failure by either Party to enforce any
right(s) hereunder shall constitute a waiver of such right(s). The
Agreement may be executed in counterpart copies. Each Party
represents and warrants that the persons who executes the
Agreement on its behalf are duly authorized to do so.
9.7 Choice of Law; Compliance with Laws. The
domestic law of the state in which the Service is provided shall
govern the construction, interpretation, and performance of this
Agreement, except to the extent superseded by federal law.
Each of the Parties agrees to comply with all applicable local,
state and federal laws and regulations and ordinances in the
performance of its respective obligations under this Agreement.
9.8 No Third Party Beneficiaries; Independent
Contractors, This Agreement does not expressly or implicitly
provide any third party (including users) with any remedy,
claim, liability, reimbursement, cause of action, or other right
or privilege. The Parties to this Agreement are independent
contractors. Neither Party is an agent, representative, or partner
of the other Party. Neither Party shall have any right, power, or
authority to enter into any agreement for, or on behalf of, or
incur any obligation or liability of, or to otherwise bind, the
other Party. This Agreement shall not be interpreted or
construed to create an association, agency, joint venture, or
partnership between the Parties or to impose any liability
attributable to such a relationship upon either Party.
9of9
V.112818 CONFIDENTIAL and PROPRIETARY
239
COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM
BUSINESS
Account Name: City of Boynton Beach SA ID#: Opp ID#: 1
CUSTOMER• •
Primary Contact: Charles Stevens City: Boynton Beach Phone:(561) 742-60
Title: State: FL Cell:
Address 1: 100 E Boynton Beach Blvd Zip: 33435 Fax:
Address 2: Allowable Contract Date: 04/04/2019 Email:stevensc bl
Contract Generated Date:04/10/2019
Service Term (Months): 160
SUMMARY OF SERVICE CHARGES" SUMMARY OF STANDARD INSTALLATION FEES
Total Ethernet Monthly Recurring Charges: 987.30 Total Ethernet Standard Installation Fees': $ 0.00
Total Trunk Services Monthly Recurring Charges: 0.00 Total Trunk Services Standard Installation Fees: $ 0.00
Total Off -Net Monthly Recurring Charges: 0.00 Total Off -Net Standard Installation Fees: $ 0.00
Total Monthly Recurring Charges (all Services): 987.30
Total Standard Installation Fees (all Services): $ 0.00
SUMMARY OF CUSTOM INSTALLATION FEES
Total Custom Installation Fee: $ 0.00
Amortized Custom Installation Fee $ 0.00
SUMMARY OF EQUIPMENT FEES
Total Monthly Recurring Trunk Services Equipment Fees: $ 0.00
Total Monthly Recurring Equipment Fees (all Services): $ 0.00
Note: Charges identified in the Sales Order are exclusive of maintenance and repair charges, and applicable federal, state, and local taxes, fees, surcharges and recoupments (however designated). Please refer to
your Comcast Enterprise Services Agreement for specific detail regarding such charges. Customer shall pay Comcast one hundred percent (100%) of the non -amortized Custom Installation Fees prior to the
installation of Service.
240
COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM
BUSINESS
ETHERNET SERVICES AND PRICING
Account Name: City of Boynton Beach Date: April 10, 2019
SA ID#:
Short Description of
Service:
Service Term (Months): 60
Opp ID#: 13960418 771
Service Service Comcast Performance Tax
Line Request Action Services) Description Monthly One -Time
Location A" Location Z' Metro Tier" Jurisdiction
100 E OCEAN
AVE -FL 3RD FL
LIBRARY City
1 New Add EDI-ENI-GIGE Port of Boynton 000 $ 0 00
Beach
100 E OCEAN
AVE
100 E OCEAN
AVE -FL 3RD FL
LIBRARY City
2 New Add EDI -200 200 Mbps of Boynton Interstate 957.30 0.00
Beach
100 E OCEAN
AVE
100 E OCEAN
AVE -FL 3RD FL
LIBRARY City
3 New Add IPv4 Static Address Static IP Block of Boynton 30 00 0.00
Block /28 (14)
Beach
100 E OCEAN
AVE
Services Location Details attached
Service Charoes
987.30
Performance Tier Matrix Attached (For On -Net to On -Net or On -Net to Off -Net) Total Eauioment Fees:
0.00
0.00
241
COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM
BUSINESS SERVICE LOCATION DETAIL INFORMATION
Account Name City of Boynton Beach SA ID# Opp ID#: 13960418 Date: April 10,
2019
Technical I Technical
Location Extend to Inside Technical / Technical /Local Satellite
Line Name / Site Address 1 Address 2 City State Zip Cod DeMarc DeMarc Wiring Local
Local Contact Contact Email Contact Location
ID Location Yes/No) (Yes/No) Contact
phone # Address
On Site
Y/N)
Name Yes/No)
100 E
OCEAN AVE -
FL 3RD FL 100 E OCEAN BOYNTON Charles
1 LIBRARY FL 3RD FL 33435 561) 742-6092 stevensc@bbfl.us Yes No
City of
AVE BEACH Stevens
Boynton
Beach
242
Augusta GA (AUG)
Central & Western PA (PA)
Central Arkansas (CAR)
Central New M.ieo (CNM)
Coastal Georgia (CGA)
Colorado [CO)
Dallas (Dal)
Eastern Tennessee (ETN)
Florida Panhandle [FPA)
Greater Atlanta (ATL)
Greater Boston (BOS)
Greater Chicago (CHI)
Greater Phil. & New Jerscy (PHIL)
Hou:tun (HOU)
Independence (INDP)
Indiana (IND)
Jacksonville (JAC)
Michigan (MI)
Mid -Atlantic (MAT)
Middle Tennessee (WN)
Min —ta (MN)
Northern AL (NAL)
Northern CA (NCA)
Oregon & SW Washington (OR)
South Florida (SFL)
Southern California (SCA)
Southern TN & North GA (STN)
Southwest Florida (SWF)
SW TN & Northern MS (SWT)
Utah(UT)
Washington [WA)
Western New England (WNE)
Comcast Enterprise Services Sales Order Form
Ethernet Transport Services
Performance Tier (PT) Matrix
PT3 PTd PT3 PT3 PT4 PT3 PT3 PTL PT4 I PT3 I PTL I PT3 I PTI I PT3 I PT3 I PT3 I PTd Pia I PTL I Pia I Fra I Prb I PT2 I PT2 Fra I FT2 I FTa I FTs I PT3 1 P12 1 FT YId
T3PT3PT2PT3PTLPiaPT3PT3PTdPT3PT3FriPT2PT2PT3PPT2 I Pr3 I PT2 PT2 PT3 PT3 Pia PT1 PTL PT3 PT4 I PT3 PT3 PT3 I PTL I PT -
MV -W-21 B B
243
COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORMBUSINESS
Account Name: City of Boynton Beach MSA ID#: FI-4858162-CMunr SO ID#: FI-4858162-CMunr-13729399
CUSTOMER• •
Primary Contact: Charles Stevens City: Boynton Beach Phone:(561) 742-6079
Title: State: FL Cell:
Address 1: 100 E Boynton Beach Blvd Zip: 33435 Fax:
Address 2: Allowable Contract Date: Email:stevensc@bbfl.us
Contract Generated Date:04/09/2019
SUMMARY OF •-
Service Term (Months): 36
SUMMARY OF SERVICE CHARGES` SUMMARY OF STANDARD INSTALLATION FEES
Total Ethernet Monthly Recurring Charges. $ 292.50 Total Ethernet Standard Installation Fees': $ 0.00
Total Trunk Services Monthly Recurring Charges: $ 0.00 Total Trunk Services Standard Installation Fees: $ 0.00
Total Off -Net Monthly Recurring Charges: $ 0.00 Total Off -Net Standard Installation Fees: $ 0.00
Total Monthly Recurring Charges (all Services): $ 292.50
Total Standard Installation Fees (all Services): $ 0.00
SUMMARY OF CUSTOM INSTALLATION FEES
Total Custom Installation Fee: $ 0.00
Amortized Custom Installation Fee $ 0.00
SUMMARY OF EQUIPMENT FEES
Total Monthly Recurring Ethernet Equipment Fees: $ 0.00
Total Monthly Recurring Trunk Services Equipment Fees: $ 0.00
Total Monthly Recurring Equipment Fees (all Services): $ 0.00
Note: Charges identified in the Service Order are exclusive of maintenance and repair charges, and applicable federal, state, and local taxes, USF fees, surcharges and recoupments (however designated). Please
refer to your Comcast Enterprise Services Master Services Agreement (MSA) for specific detail regarding such charges. Customer shall pay Comcast one hundred percent (100%) of the non -amortized Custom
Installation Fee prior to the installation of Service.
GENERAL COMMENTS
AGREEMENT
This Comcast Enterprise Services Sales Order Form ("Sales Order') shall be effective upon acceptance by Comcast. This Sales Order is made a part of the Comcast Enterprise Services Master Services Agreement,
entered between Comcast and the undersigned and is subject to the Product Specific Attachment for the Service(s) ordered herein, located at https://business.comcast.coMterms-conditions-ent, (the "Agreement") .
Unless otherwise indicated herein, capitalized words shall have the same meaning as in the Agreement.
E911 NOTICE
Comcast Business Class Trunking Service may have the E911 limitations specified below:
The National Emergency Number Association (NENA), a 911 industry organization that makes recommendations for standardized services relating to E911, has issued guidelines that state "The PBX owner is
responsible for creating customer records, preferably in NENA standard format, that identify caller locations." To facilitate Customer's compliance with these guidelines and with associated state and local requirements
related to provision of Automatic Location Information (ALI) for E911 services, Comcast offers two options:
a. Comcast will send to the ALI database or Subscriber Location Database (SLIDE) the main billing telephone number and the main address provided by Customer: or
b. Customer may choose to sign up for up to 10 Emergency Location Information Numbers (ELINs) that Customer could assign to zones within Customer's premises that would be separately identified to the E911
call taker. The location information, such as a specific floor, side of a building, or other identifying information, could assist emergency responders to more quickly reach the appropriate location. Customer is solely
responsible for programming it's PBX system to map each station to one of these numbers, and for updating the system as necessary to reflect moves or additions of stations within the premises. Comcast will send
the assigned ELINs to the ALI or SLDB database, as is appropriate.
Many jurisdictions require businesses using multi -line telephone systems to program their systems to transmit specific location information for 911 calls. Customer bears sole responsibility to ensure that it identifies
and complies with all such requirements. In any event, if Customer does not maintain E911 records in a timely and accurate manner, the E911 call taker may not receive proper location information, and emergency
responders may be delayed or even prevented from timely reaching the caller's location.
Battery Back Up - The Integrated Access Device (IAD) provided by Comcast is not equipped with battery backup. It is Customer's responsibility to ensure adequate back-up power is provided to ensure service
continuity during a power outage, as employees would otherwise be unable to use the Services, including dialing 9-1-1, when power is unavailable.
Calls using the Service, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or another technical problem.
All questions should be directed to 1-800-391-3000. E911 Service, Private Branch Exchange, and Direct Inward Dial Service.
By signing below, Customer acknowledges, agrees to and accepts the terms and conditions of this Sales Order.
CUSTOMERONLY • ONLY (by authorized representative)
Signature: Signature: Sales Rep: David Ingber
Name: Name: Sales Rep E -Mail: david_ingber@comcast.com
Title: Title: Region: Florida
Date: Date: Division: Central
244
1C-C SG
COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM
BUSINESS
ETHERNET SERVICES AND PRICING
Account Name: City of Boynton Beach Date: April 09, 2019
MSA ID#: FI-4858162-CMunr
Short Description of
Service:
Service Term (Months): 36
SOID#: FI-4858162-CMunr-13729399
Solution Charges
Service Service Comcast Performance Tax
Line Request Action Service(s) Description Monthly One -Time
Location A* Location Z* Metro Tier** Jurisdiction
inshmigg
234 NW 10TH
AVE -City of
1 New Add EN110100 Port Boynton Beach South Florida 58.50 0.00
234 NW 10TH
AVE
234 NW 10TH
AVE -City of
2 New Add ENS -BASIC -20 20 Mbps Boynton Beach See Matrix Interstate 234.00 0.00
234 NW 10TH
AVE
234 NW 10TH
AVE -City ofEquipment
3 New Add EOP FEE Boynton Beach 0.00 0.00
234 NW 10TH
AVE
Services Location Details attached
Service Charges:
292.50
Performance Tier Matrix Attached (For On -Net to On -Net or On -Net to Off -Net) Total Eauioment Fees: 0.00
0.00
245
COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM
BUSINESS SERVICE LOCATION DETAIL INFORMATION
Account Name: City of Boynton Beach MSA ID#: FI 4858162-CMunr SO ID#:
13729399
FI-4858162-CMunr- April 09,
Date: 2019
Location
Name / Site Address 1
ID
Technical 1 Technical
Extend to Inside Technical 1 Technical /Local Satellite
Address 2 Cit ip Cod DeMarc Local Contact
Y State DeMarc Wiring Local Contact Con[act Email Location
Location (Yes/No) (Yes/No) Contact
phone # Address
On Site (
Y/N)
Name (Yes/No)
234NW 10tH
AVE -City of 234 NW 10TH BOYNTON Charles
1
Boynton AVE BEACH
FL 33435
Stevens (
561) 742-6092 stevensc@bbfl.us Yes No
Beach
246
Comcast Enterprise Services Sales Order Form
Ethernet Transport Services
Performance Tier [PT] Matrix
X-21 B B
r
Augusta GA (AUG) PTi Pr3 P73 Prd Pi2 PT3 PT3 PT3 PT3 P172 PF3 PT3 PT3 PF3 PT3 PTs PT2 PT3 PT3 PTP PT3 I Pr2 PT4 PT4 PT2 PT3 PT2 PT2 PT3 Pro PT3 PT3
Central& Western PAPA) Pia PTI PT3 Pi3 PT3 PT3 PF3 PT3 PT3 Pit PF2 PF2 PF2 PT3 Pr3 Pr2 PT PT2 PT2 PT2 Pr3 PT3 Pro Pro Pia PT4 PT2 PT3 PT3 PT3 PT4 PT2
Central Arkan.a.(CAR) Pia PT3 PTI PT3 Pit PT2 PT2 PT3 PT3 PT2 PT3 PT3 PT3 PT2 PT3 Pr3 Pr3 PT3 PT3 Pit Pr3 PT2 PT3 PT3 PT3 PT3 Pit PT3 PT2 PT3 Pr3 PT3
Cwral New Mexico (CNM) Pio PT3 PT3 PTI PT3 PT2 PT2 Pl-4 PT3 PT3 PT4 PT3 PT3 PT3 PT3 PT3 Pia PT3 PT3 Pr3 PT3 PT3 PT3 Pi3 PT3 PT3 PT3 I'm PT PT3 PT3 PT4
Coastal Georgia (CGA) PT2 PT3 PT2 PT3 PT1 PT3 PT3 PT3 PT2 PT2 PT3 PT3 PT3 PT3 PT3 PT3 PTI PT3 PT3 PT3 Pr3 Pr2 Pi4 Pro PT2 Pro PT2 PT2 PT2 PT3 PT4 PT3
Colorado [CO) PT3 PT3 PT2 PT2 PT3 PTI PT2 PT4 PT3 PT3 PT3 Pit PT3 PT2 PT2 PT2 PT3 PT2 PT3 PT3 PT2 PT3 Pit PT3 PT3 PT2 PT3 PT3 PF3 PT2 PT3 PT3
Dallas(Dal) PT3 PT3 Fit Fit FT3 PT2 PTI Fi3 Pit Fit PT3 PT3 FT3 PT2 PT2 PT3 PT3 PT3 PT3 PT2 PT3 Fi2 PT3 FM FF3 PT3 PT2 Pr3 PT2 PT3 PT3 PT3
Enter. Tennc:sce(ETN) PT3 PT3 PT3 Pro PT3 PT4 PT3 PT1 PT3 PT2 PT4 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT2 Fr3 Pr2 PT4 PT4 PT3 PT4 PT2 Fr3 PT3 PF4 Pio PT4
Florida Panhandle (FPA) PT3 PT3 Pi3 PT3 PT2 PT3 PT2 PT3 PTI PT2 PT3 Pr2 PT3 PT3 PT3 Pr3 PT2 PT3 Pr3 Pr2 PT3 PT2 PT3 PT4 PT2 PT4 PT2 Pr2 PF3 PT3 PT4 PT3
Greater Atlanta (ATL) PT2 PT2 PT2 P'r3 PF2 PT3 PT2 PT2 PT2 PT1 PT3 PT2 PT2 Pr2 Pr3 Pr2 PT2 PT2 PT2 PT2 PT PF2 PT3 PT3 PT2 PT3 PT2 PT2 PT2 PT3 PT3 PT3
Greater Boston[BOS) PT3 PT2 PT3 Pro PF3 PT3 PT3 Pro PT3 PT3 Pit PF2 PF2 PF3 Pr3 PT2 PF3 PF2 PF2 PT3 PT3 PT3 PT4 PT4 PT3 Pio Pr3 PT3 PT3 Pio PT4 PT1
Greater Chicago (CHI) FF3 PF2 PT3 PT3 PT3 PT2 PT3 PT3 PT2 PT2 PT2 Pr1 PT2 PT2 PF2 PF2 FT2 Fr2 Pr2 PF2 Pr2 PT3 PT3 PT3 PT3 PT3 PT2 PT3 PT3 PT3 PT3 PT2
Greater Phil.& New Jer.cy(PHL) PT3 PT2 PT3 Pr3 PT3 P73 PT3 PT3 PT3 PF2 PT2 PT2 PFI Pia PT3 PT2 PT3 PT2 PT2 PF2 PT3 PT3 PT4 PT4 PT3 PTd PT3 PT3 PTs Pr3 PT4 PT2
Houston (HOU) PT3 PT3 PT2 PT3 PT3 P72 PT2 PT3 PT3 PT2 PT3 P72 PT3 Pr1 P73 PT2 Pit PT3 PT3 PT2 PT3 PT3 PT3 PT3 PT2 PT3 PT3 PT3 PT2 PT3 PT3 PT3
Independence (INDP) Pia Pia PT3 PT3 PT3 PT2 PT2 PT3 PT3 PT3 PT3 PT2 Pia PT3 PT1 PT2 Pia Pit PT3 P72 PT2 PT3 PT3 Pr3 PT3 FF3 Pr3 PT3 Pia Pia PF3 PT3
Indiana(IND) PT3 PT2 PT3 PT3 Pia PT2 Pia Pr3 PT3 PT2 PT2 PF2 PT2 Pi2 PT2 PFI Pi2 Pit PT2 Pit PT2 PF3 PT3 PF3 PF3 FF3 Pr3 PT3 Pr3 PT3 Pr3 Pr2
Jack.onvillc(JAC) FT2 PT3 FT3 FT3 Fri PT3 PT3 PT3 FT2 PT2 PT3 PT2 PT3 PT2 Pia PF2 Fri PT3 PT3 PT2 PT3 PT2 PT4 Pio PT2 PT4 PT3 PT2 F73 PT3 Pio PT3
Michigan(MI) PT3 Pr2 PT3 PT3 PT3 PT2 PT3 Pr3 PT3 Pit PT2 P72 PT2 PT3 Pr2 PT2 PT Pit Pit Pr2 PT2 PT3 PT3 Pr3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT2
Mid-Atlantic(MAT) PT3 Pit P73 PT3 Pi3 P73 Pi3 PT3 -3 PF2 -2 -2 -2 Pr3 Pr3 PT2 PT3 PF2 PT1 PT2 Fi3 PT3 PT4 Pro PT3 PT4 PT3 PT3 PT3 PT3 PT4 Pit
Middle Tenn ... ee(MTN) PT2 PT2 PT2 PT3 PT3 PT3 PT2 PT2 PT2 PT2 PT3 PT2 PT2 PT2 PT2 PT2 PT2 PT2 PT2 PT1 PT2 PT2 PT3 PT3 PT2 PT3 PTI Pr3 PT3 PT3 PT3 P'T3
Minne.ota[MN) Pia PF3 PF3 Pr3 Pi3 PT2 PT3 PT3 PT3 PT3 PT3 -2 PT3 -3 Pit -2 Pia -2 PT3 -2 Pit PT3 -3 Pia -3 -3 PF3 PT3 PT3 PT3 PT3 PT3
Northern AL (NAL) PT2 PT3 PT2 Pi3 PT2 PT3 PT2 PT2 Pit PT2 PT3 PT3 PT3 PT3 PT3 PT3 PT2 PT3 PT3 PT2 PT3 PFI Pr4 PTl PT3 PFt PT2 PT2 P72 PT3 PT4 PT3
Northern CA (NCA) Pi4 PT4 P73 PF3 PT4 PT2 PT3 PT4 PT3 PT3 PT4 PT3 PTL PT3 PT3 PT3 PT4 PT3 P74 Pr3 PT3 PT4 PT1 PT2 PT4 PT2 PT4 PT4 PT3 PT2 PT2 PT4
Oregon& SW Washington(OR) PT4 PT4 PT3 PT3 PT4 PT3 PT3 PT4 PT4 PT3 PT4 PT3 PT4 PT3 PT3 PT3 PT4 Pr3 Pr4 PT3 PT3 PF4 PT2 PFI PT4 PT2 PT4 PT4 PT3 PT2 PT2
South Florida [SFL] Pit PT3 Pia Pia PT2 PT3 P73 Pia PT2 PT2 FT3 PT3 Pia PT2 PT3 Pia PT2 Pia PT3 Pit Pia PT3 pfd PT4 Pit PTl PT3 PT2 Pia PT3 PT4 PT3
Southern California (SCA) PT3 PTL Pia PT3 PT4 PT2 PT3 PT4 pfd Pia PT4 PT3 P76 PT3 PT3 PT3 Pit FT3 PTL PT3 PT3 PF4 PT2 PT2 PT4 PTI Pio PT4 PT3 Pit PT2 JP-r
Southern TN & North GA (STN) PT2 PT2 PT2 PT3 PT2 P73 PT2 PT2 PT2 Pr2 PT3 PT2 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PTt PT3 Pr2 PT4 Pro PT3 PT4 PTI PT3 PT2 PT3 PT4
Southwest Florida(SWF) Pi2 PT3 P'i3 PT3 PT2 PT3 PT3 PT3 PT2 PT2 PT3 PT3 PT3 P'r3 PF3 PT3 PT2 -3 -3 PT3 PT3 -2 Pro PF4 PT2 PT4 PT3 Pr1 PT3 -3 PT4
SW TN & Northern MS (SWT) PT3 PT3 PT2 PT3 PTE PT3 PT2 PT3 PT3 PT2 PT3 PT3 PT PT2 PT3 PT3 P73 PT3 PT3 PT3 PT3 PT2 PT3 PT3 PT3 PT3 PT2 PT3 PT1 PT3 PT3 PT3
Uoh(Ur) PT4 FT3 PT3 PT3 PT3 P172 PT3 Pio PT3 P1`3 Pfd FF3 FF3 PF3 PT3 PT3 PT3 PT3 PI -3 PT3 Pi3 PT3 I PT2 PT2 PT3 PT2 PT3 PT3 PT3 PT1 PT2 Pr/
Washington[WA) PT -3 PT4 PT3 Pr3 P1`4 P73 P73 Pro PT4 PT3 Pio PT3 Fro PT3 PT3 PT3 Pi4 PT3 PT4 P173 P1`3 Pro PT2 Pr2 PT4 PT2 PT4 PT4 PT3 PT2 PTI PT4
We.tern New England (WNE) PT3 PT2 PT3 PT4 PT3 P`1`3 PT3 PT4 PT3 Pr3 Pit P172 PT2 PT3 PT3 PT2 I PT3 PT2 PT2 PT3 PT3 PT3 PT4 PTl PT3 PT4 PT3 PT3 PT3 PT4 PT4 Pit
X-21 B B
247
Service Agreement (E -Rate)
This Service Agreement ("Agreement") is entered into on April 18, 2019 ("Effective Date") by and between Comcast Cable
Communications Management, LLC, a Delaware limited liability company, on behalf of itself and its applicable operating affiliates
and subsidiaries offering Service(s) as identified below, with offices located at 1701 JFK Blvd., Philadelphia, PA 19103 and City of
Boynton Beach Library ("Customer"), with offices located at 100 E Boynton Beach Blvd, Boynton Beach, FL 33435. Herein, the
above shall be collectively referred to as "Parties" and individually as "Party".
This Agreement sets forth the terms and conditions under which Comcast Cable Communications Management, LLC and its applicable
operating affiliates and subsidiaries (identified above, "Comcast") will provide communications and other Service(s) to the above
Customer. This Agreement consists of this document ("Service Agreement Cover Page"), the Comcast General Terms and Conditions
for E -Rate ("General Terms and Conditions"), Sales Order(s), the Product Specific Attachment(s) applicable to the ordered Service(s)
PSA(s)"), and any written amendments to the Agreement and executed by both Parties, if any ("Amendment(s)"), collectively
referred to as the "Agreement". In the event of an explicit inconsistency among these documents, precedence will be as follows: (1)
Amendment(s), (2) PSA(s), (3) General Terms and Conditions, (4) this Service Agreement Cover Page, and (5) Sales Order(s). The
PSA(s) are located at http://business.comcast.com/enterprise-terms-Of-service/index.aspxx (or any successor URL). Use of the
Service(s) is also subject to the High -Speed Internet for Business Acceptable Use Policy ("AUP") located at
http://work.comcast.net/legal/aup.asp (or any successor URL), and the High -Speed Internet for Business Privacy Policy ("Privacy
Policy") located at http://work.comcast.net/legal/privacy.asp (or any successor URL). Comcast may update the PSA(s), AUP and
Privacy Policy from time to time upon posting to the Website. This Agreement shall commence and become a legally binding
agreement upon the mutual execution of this Service Agreement Cover Page by the Parties. The Agreement shall terminate as set forth
in the General Terms and Conditions. All capitalized terms not defined on this Service Agreement Cover Page shall have the definitions
given to them in the General Terms and Conditions.
As set forth in the Sales Order(s) attached hereto, the following Services shall be provided to Customer by Comcast:
One (1) 200 Mbps Ethernet Dedicated Internet ("EDI") Service(s) circuit(s).
Term (Months): Si (60) Agreement Number: FL-DIn be-041819-KE-0I/FY19
Charges (NRC): $0.00 Monthly Recurring Charges (MRC): $987.30Non-Recurring
Custom Installation Charge ("CIC"): $0.00
Number of Service Location(s): One 1 Estimated Service Commencement Date: On or after July 1, 2019
Notes / Comments:
1. E -Rate funding, if applicable, to be sought solely by Customer.
2. The Service(s) specified herein shall be provided by Comcast Business Communications, LLC. The Comcast Business
Communications, LLC SPIN No. is 143003990.
Sales Person: David In ber Telephone Number: (954) 551-9368
Sales Director: Robert Patterson Telephone Number: (754) 221-3121
Customer Contact: Charles Stevens Telephone Number: (561) 742-6079
Customer, by signing below, agrees and accepts the terms and conditions of this Agreement.
Citv of Bovnton Beach Library Comcast Cable Communications Management, LLC
1 of 9
V. 112818 CONFIDENTIAL and PROPRIETARY
KWE
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
1 of 9
V. 112818 CONFIDENTIAL and PROPRIETARY
KWE
248
COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM
BUSINESS
ETHERNET SERVICES AND PRICING
Account Name: City of Boynton Beach Date: April 09, 2019
MSA ID#: FI-4858162-CMunr
Short Description
Servic
Df
e:
Service Term (Months):
60
SOID#: FI-4858162-CMunr-13881152
Service Service Comcast Performance Tax
Line Request Action Service(s) Description Monthly One -Tim
Location A* Location Z* Metro Tier** Jurisdiction
100 E OCEAN
AVE PATH A
1 New Add ENIGIGE Port City of Boynton South Florida 200.90 0.00
Beach
100 E OCEAN
AVE
100 E OCEAN
AVE PATH A
2 New Add ENS -BASIC -400 400 Mbps City of Boynton See Matrix Interstate 454.34 0.00
Beach
100 E OCEAN
AVE
100 E OCEAN
AVE PATH A
Equipment City of Boynton3NewAddEQPFEE 0.00 0.00
Fee Beach
100 E OCEAN
AVE
100 E. OCEAN
AVE -PATH B-
City of Boynton
4 New Add ENIGIGE Port South Florida 200.90 0.00
Beach
100 E. OCEAN
BLVD -PATH B
100 E. OCEAN
AVE -PATH B-
5 New Add ENS -BASIC -400 400 Mbps City of Boynton See Matrix Interstate 454.34 0.00
Beach
100 E. OCEAN
BLVD -PATH B
100 E. OCEAN
AVE -PATH B-
6 New Add EQP FEE Equipment City of Boynton 0.00 0.00
Fee Beach
100 E. OCEAN
BLVD -PATH B
Services Location Details attached
Service Charaes,
1,310.48
Performance Tier Matrix Attached (For On -Net to On -Net or On -Net to Off -Net) Total Fouioment Fees: 0'00
0.00
249
COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM
BUSINESS SERVICE LOCATION DETAIL INFORMATION
Account Name City of Boynton Beach MSA ID#: FI-4858162-CMunr SO ID#:
FI-4858162-CMunr- Date: April 09,
13881152 2019
Technical / Technical
Location Extend to Inside Technical / Technical /Local Satellite
Line Name / Site Address 1 Address 2 Cit Y State Zip Cod DeMarc DeMarc Wiring Local
Local Contact Contact Email Contact Location
ID Location Yes/No) Yes/No) Contact
Phone # Address
On Site
YIN)
Ah
Name Yes/No)
100 E
OCEAN AVE 100 E OCEAN BOYNTON Charles
1 PATH A City FL 33435 561) 742-6092 stevensc@bbfl.us Yes
of Boynton
AVE BEACH Stevens
Beach
100 E.
OCEAN AVE- 100 E. OCEAN BOYNTON Charles
2 PATH B -City BLVD B BEACH
FL 33435
Stevens
561) 742-6092 stevensc@bbfl.us Yes No
of Boynton
PATH
Beach
250
Comcast Enterprise Services Sales Order Form
Ethernet Transport Services
Performance Tier (PT) Matrix
19-00011771
Augusta GA (AUG) Pr PT3 PT3 PT4 PT2 PT3 PT3 PT3 P1`3 PT2 Pr3 PT3 Pi3 PT3 PT3 PT3 PT2 PT3 PT3 PT2 Pr3 PT2 PTA PTA PT2 PT3 PT2 PT2 PT3 PTA PT3 PT3
Central &Western PAPA) PT3 PTI PT3 PT3 PT3 PT3 PT3 P'173 PT3 P172 PT2 PT2 PT2 PT3 Pia P172 PT3 PT2 PT2 PT2 PT3 PT3 PT4 PT4 PT3 PT4 I PT2 PT3 PT3 PT3 PI -4 PT2
Central Arkansas(CAR) PT3 Pr3 PTI PT3 171`2 PT2 PT2 P1`3 PT3 1`1`2 Pr3 PT3 Pi3 PT2 PT3 PT3 PT3 PT3 PT3 1`1`2 Pr3 PT2 P1`3 PT3 PT3 PT3 PT2 PT3 PT2 PT3 PT3 PT3
Central New Mexico(CNM) Pro PT3 PT3 Fri PT3 171`2 PT2 PTA PT3 PT3 Pr4 PT3 PT3 PT3 P1`3 PT3 PT3 PT3 PT3 Pr3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PTA
Coastal Georgia (CGA) PT2 PT3 PT2 1`1`3 PT1 PT3 PT3 1`1`3 PT2 PT2 PT3 PT3 PT3 PT3 PT3 PT3 Pr1 PT3 PT3 PT3 PT3 PT2 Pi4 Pro PT2 PT4 PT2 PT2 PT2 PT3 PTA PT3
Colorado (CO) Pia PT3 PT2 PT2 Pia PTI PT2 PTA Pr3 PT3 PT3 PT2 PT3 PT2 P'f2 PT2 PT3 PT2 PT3 PT3 PT2 Pr3 PT2 PT3 PT3 PT2 PT3 PT3 Pia PT2 PT3 PT3
Dallas(Dal) PT3 PT3 PTE PT2 Pi3 PT2 PT PT3 PT2 PT2 Pia PT3 Pi3 Pr2 Pit Fi3 PT3 PT3 PT3 PT2 PT3 PT2 PT3 PT3 PT3 PT3 PT2 PT3 Pit Pi3 Pr3 PT3
Eastern Tenneysec(ETN) PT3 PT3 Pi3 PTA PT3 PTA PT3 Fri Pr3 PT2 PT4 PT3 PT3 PT3 PT3 Pr3 PT3 Pr3 PT3 PT2 PT3 PT2 PTA PTA PT3 Pro PT2 PT3 PT3 PT4 PTA PT4
Florida Panhandle (FPA) PT3 PT3 Pr3 PT3 PT2 PT3 PT2 PT3 PTI PT2 PT3 PT2 PT3 PT3 PT3 PT3 PT2 PT3 PT3 PT2 PT3 PT2 PT3 PTA PT2 PT4 PT2 PT2 PT3 PT3 PT4 PT3
Greater Atlanta [ATL) Pr2 PT2 PT2 Pr3 PT2 PT3 PT2 Pr2 PT2 PTI PT3 PT2 PT2 PT2 Pr3 PT2 PT2 PT2 PT2 PT2 PT3 PT2 PT3 PT3 PT2 PT3 PT2 Pr2 Pr2 PT3 PT3 PT3
Greater B-ton(BOS) PT3 PT2 Pi3 PTA PT3 PT3 PT3 Pro PT3 PT3 PTI PT2 PT2 PT3 PT3 Pit PT3 PT2 PT2 PT3 PT3 PT3 Pro Pro PT3 PTA PT3 PT3 PT3 PTA PTA PT1
Greater Chicago(CHI) PT3 Pit Pr3 PT3 PT3 PT2 PT3 PT3 K2 Pi2 PT2 Fit FT2 PT2 P2 Pr2 Pr2 Pr2 PT2 Pit PT2 PT3 P73 PT3 PT3 PT3 PT2 P73 Pr3 Pi3 Pr3 PT2
Greater Phil. & New J—q (PHL) PT3 PT2 PT3 PT3 Pia PT3 PT3 PT3 PT3 PT2 PT2 PT2 PTI PT3 PT3 PT2 PT3 PT2 PT2 PT2 PT3 PT3 PTA PTA PT3 PT4 PT3 PT3 PT3 PT3 Pro Pr2
HOV:ton(HOU) PT3 PT3 PT2 PT3 PT3 Pit Pr2 PT3 PT3 PT2 Pr3 Pr2 PT3 Pr1 PT3 PT2 Pr2 Pr3 PT3 PT2 PT3 Pi3 Pr3 PT3 PT2 PT3 PT3 PT3 PT2 PT3 PT3 PT3
Independence(INDP) PT3 PT3 PT3 Pi3 PT3 PT2 PT2 PT3 PT3 PT3 PT3 PT2 P73 Pr3 PT1 PT2 Pr3 Pr2 Pr3 PT2 PT2 PT3 PT3 PT3 PT3 PT3 PT3 PT3 Pr3 PT3 PT3 PT3
India. (IND) Pr3 PT2 PT3 Pr3 PT3 PT2 PT3 Prr3 PT3 PT2 PT2 Pr2 PT2 PT2 PT2 PT1 Pr2 Pr2 Pr2 PT2 Pit PT3 Pia Pia PT3 PT3 PT3 Pia Pia Pia PT3 Pit
Jaek—,ille(JAC) PT2 PT3 Pr3 PT3 PT1 PT3 PT3 PT3 PT2 Pr2 PT3 PT2 PT3 PT2 PT3 PT2 Fit FT3 PT3 PT2 PT3 PT2 Pro Pio Pit Pio PT3 Pit P73 PT3 Pro PT3
Michigan (MI) PT3 PT2 PT3 PT3 Pr3 PT2 PT3 PT3 PT3 PT2 Pr2 PT2 PT2 PT3 PT2 PT2 Pr3 PTI PT2 PT2 PT2 PT3 P73 PT3 PT3 Pr3 PT3 PT3 Pr3 PT3 Pia PT2
Mid-Atlantic(MAT) PT3 PT2 Pr3 PT3 PT3 PT3 PT3 PT3 PT3 PT2 PT2 PT2 PT2 PT3 PT3 Pr2 PT3 PT2 PT1 PT2 Pr3 P'T3 PTA PTA PT3 PTA PT3 PT3 PT3 Pf3 Pr4 Pit
Middle Terre—, [MrN) PT2 PT2 PT2 PT3 PT3 PT3 PT2 PT2 PT2 PT2 PT3 PT2 PT2 PT2 PT2 PT2 PT2 PT2 PT2 PT1 Pr2 PT2 PT3 PT3 PT2 PT3 PTI PT3 PT3 Pr3 PT3 PT3
Minnesota[MN) Pr3 Pi3 PT3 Pr3 Pr3 Pr2 Pr3 PT3 PT3 PT3 Pr3 PT2 PT3 Fi3 PT2 PT2 Pr3 Pi2 Pia Pr2 Pit PT3 PT3 PT3 Pr3 Pia PT3 PT3 PT3 PT3 PT3 Pr3
Northern AL (NAL) PT2 PT3 PT2 PT3 PT2 PT3 PT2 Pr2 Pr2 PT2 PT3 PT3 PT3 Pr3 Pr3 PT3 PT2 PT3 PT3 Pr2 Pi3 Fri P74 PTA PT3 Pro PT2 Pr2 Pr2 PT3 PTA PT3
Northern CA (NCA) PTA PTA PT3 I'M Pi4 PT2 PT3 PTA Pi3 Pia PTA PT3 PTA PT3 Pr3 PT3 PTA PT3 PTA Pr3 Pr3 PTA PTI PT2 PTA PT2 PTA Pro Pr3 PT2 PT2 PTA
Oregon& SW Wa:hington(OR) PT4 PTA PT3 PT3 Pr4 Pr3 Pr3 P'r4 PT4 Pr3 PT4 PT3 Pro PT3 PT3 PT3 Pro PT3 PTA PT3 PT3 Pro PT2 Pr1 PTA PT2 Pro PTA PT3 PT2 PT2 PTA
South Florida(SFL) PT2 PT3 PT3 PT3 Pr2 PT3 PT3 PT3 PT2 PT2 Pi3 PT3 PT3 PT2 PT3 Pr3 PT2 PT3 PT3 PT2 PT3 Pr3 PT4 Pio PTI PT4 PT3 pit PT3 PT3 PTA PT3
Southern California [SCA) PT3 PT4 PT3 PT3 PTA PT2 Pia PTA PTA PT3 PTA Pr3 PTA PT3 PT3 Pr3 Pio PT3 PTA PT3 Pr3 PT4 FT2 PT2 PTA PTI PTA Pro Pr3 Pit PT2 PTA
SouthernTN & North GA (STN) PT2 PT2 P72 PT3 PT2 PT3 PT2 PT2 PT2 PT2 PT3 PT2 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PTI PT3 Pr2 PTA PTA PT3 Pr4 PTI PT3 PT2 PT3 PTA PT3
Southwest Florida[SWF) PT2 PT3 173 Pia PT2 PT3 PT3 PT3 PT2 Pit PT3 PT3 PT3 PT3 K3 PT3 PT2 PT3 PT3 PT3 PT3 Pr2 PT4 PT4 PT2 Pr4 PT3 PT1 FT3 Pr3 PT4 PT3
SW TN & Northern MS (SWT) PT3 PT3 PT2 PT3 Pr2 P1`3 Pr2 Pr3 PT3 PT2 PT3 Pr3 PT3 PT2 PT3 PT3 PT3 PT3 PT3 PT3 PT3 Pit PT3 PT3 PT3 PT3 PT2 PT3 PT1 PT3 1`11`3 PT3
Utah(Ur) Pro PT3 PT3 Pi3 171`3 PT2 PT3 Pio PT3 PT3 PT4 P1`3 Pi3 PT3 Pi3 P1`3 PT3 PT3 P1`3 1`1`3 PT3 FI -3 PT2 PT2 PT3 PT2 Pf3 PT3 PT3 PTI 171`2 Pio
Washington[WA) PT3 Pio PT3 PT3 Pro PT3 PT3 Pr4 Pro PT3 PTA PT3 PTA Pr3 PT3 PT3 PTA PT3 Pro PT3 PT3 PT4 Pit PT2 PT4 PT2 PT6 Pro Pr3 PT2 PTI Pio
Western New England (WINE) PT3 PT2 PT3 Pi6 Pia Pr3 PT3 PTA Pia PT3 PTI PT2 PT2 PT3 PT3 PT2 PT3 PT2 PT2 PT3 Pia PT3 PTA P -I-4 PT3 PT6 Pia Pia Pia FT4 PTA Pit
B B
251
COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM
BUSINESS
Account Name: City of Boynton Beach MSA ID#: FI-4858162-CMunr SO ID#: FI-4858162-CMunr-13881152
CUSTOMER• •
Primary Contact: Charles Stevens City: Boynton Beach Phone:(561) 742-6079
Title: State: FL Cell:
Address 1: 100 E Boynton Beach Blvd Zip: 33435 Fax:
Address 2: Allowable Contract Date: Email: stevensc bbfl.us
Contract Generated Date:04/09/2019
SUMMARY OF (Details
Service Term (Months): F60
SUMMARY OF SERVICE CHARGES` SUMMARY OF STANDARD INSTALLATION FEES
Total Ethernet Monthly Recurring Charges: $ 1,310.48 Total Ethernet Standard Installation Fees': $ 0.00
Total Trunk Services Monthly Recurring Charges: $ 0.00 Total Trunk Services Standard Installation Fees: $ 0.00
Total Off -Net Monthly Recurring Charges: $ 0.00 Total Off -Net Standard Installation Fees: $ 0.00
Total Monthly Recurring Charges (all Services): $ 1,310.48
Total Standard Installation Fees (all Services): $ 0.00
SUMMARY OF CUSTOM INSTALLATION FEES
Total Custom Installation Fee: $ 0.00
Amortized Custom Installation Fee $ 0.00
SUMMARY OF EQUIPMENT FEES
Total Monthly Recurring Ethernet Equipment Fees: $ 0.00
Total Monthly Recurring Trunk Services Equipment Fees: $ 0.00
Total Monthly Recurring Equipment Fees (all Services): $ 0.00
Note: Charges identified in the Service Order are exclusive of maintenance and repair charges, and applicable federal, state, and local taxes, USF fees, surcharges and recoupments (however designated). Please
refer to your Comcast Enterprise Services Master Services Agreement (MSA) for specific detail regarding such charges. Customer shall pay Comcast one hundred percent (100%) of the non -amortized Custom
Installation Fee prior to the installation of Service.
GENERAL COMMENTS
AGREEMENT
This Comcast Enterprise Services Sales Order Form ("Sales Order") shall be effective upon acceptance by Comcast. This Sales Order is made a part of the Comcast Enterprise Services Master Services Agreement,
entered between Comcast and the undersigned and is subject to the Product Specific Attachment for the Service(s) ordered herein, located at https://business.comcast.com/terms-conditions-ent, (the "Agreement")
Unless otherwise indicated herein, capitalized words shall have the same meaning as in the Agreement.
E911 NOTICE
Comcast Business Class Trunking Service may have the E911 limitations specified below:
The National Emergency Number Association (NENA), a 911 industry organization that makes recommendations for standardized services relating to E911, has issued guidelines that state "The PBX owner is
responsible for creating customer records, preferably in NENA standard format, that identify caller locations." To facilitate Customer's compliance with these guidelines and with associated state and local requirements
related to provision of Automatic Location Information (ALI) for E911 services, Comcast offers two options:
a. Comcast will send to the ALI database or Subscriber Location Database (SLDB) the main billing telephone number and the main address provided by Customer: or
b. Customer may choose to sign up for up to 10 Emergency Location Information Numbers (ELINs) that Customer could assign to zones within Customer's premises that would be separately identified to the E911
call taker. The location information, such as a specific floor, side of a building, or other identifying information, could assist emergency responders to more quickly reach the appropriate location. Customer is solely
responsible for programming it's PBX system to map each station to one of these numbers, and for updating the system as necessary to reflect moves or additions of stations within the premises. Comcast will send
the assigned ELINs to the ALI or SLOB database, as is appropriate.
Many jurisdictions require businesses using multi -line telephone systems to program their systems to transmit specific location information for 911 calls. Customer bears sole responsibility to ensure that it identifies
and complies with all such requirements. In any event, if Customer does not maintain E911 records in a timely and accurate manner, the E911 call taker may not receive proper location information, and emergency
responders may be delayed or even prevented from timely reaching the caller's location.
Battery Back Up - The Integrated Access Device (IAD) provided by Comcast is not equipped with battery backup. It is Customer's responsibility to ensure adequate back-up power is provided to ensure service
continuity during a power outage, as employees would otherwise be unable to use the Services, including dialing 9-1-1, when power is unavailable.
Calls using the Service, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or another technical problem.
All questions should be directed to 1-800-391-3000. E911 Service, Private Branch Exchange, and Direct Inward Dial Service.
By signing below, Customer acknowledges, agrees to and accepts the terms and conditions of this Sales Order.
CUSTOMERONLY • ONLY (by authorized representative)
Signature: Signature: Sales Rep: David Ingber
Name: Name: Sales Rep E -Mail: david_ingber@comcast.com
Title: Title: Region: Florida
Date: Date: Division: Central
252
City of Boynton Beach
Agenda Item Request Form
7.B
Consent Bids and Purchases over $100,000
02/20/2024
Meeting Date: 02/20/2024
Proposed Resolution No. R24-038- Approve utilizing the City of Gainesville, Florida,
Contract - RFP No. MOBX-230063-DN and authorize the City Manager to sign an
agreement with NUE Urban Concepts, LLC of Palm Beach Gardens, Florida, for
Consulting Services related to the development of a Mobility Plan with an estimated
annual cost of $144,000. Proposed Resolution No. R24-039- Approve the Planning &
Zoning Department FY 23/24 Budget Amendment for the addition of unrealized revenue
totaling $30,000.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-038, and
Resolution No. R24-039.
Explanation of Request: At the April 18, 2023, City Commission meeting, a private
developer voluntarily committed to contribute $30,000 to a downtown master parking study.
The City received the donation via wire transfer. Staff requests that this unrealized revenue be
allocated to the Fiscal Year 23/24 Budget for its intended purpose. Staff is also requesting
approval to utilize the City of Gainesville, Florida, Contract with NUE Urban Concepts, LLC for
Consulting Services related to the development of a Mobility Plan which will include a
downtown parking study.
Agreement Term: February 21, 2024 - December 31, 2024
NUE Urban Concepts, LLC, has been awarded a continuing consulting services agreement for
developing a mobility plan by the City of Gainesville. The Vendor will provide consulting
services related to developing a mobility plan and technical reports for establishing a mobility
fee. The City of Gainesville's procurement process satisfies the City's competitive bid
requirements.
The Planning & Zoning Department seeks consent to piggyback this contract and establish an
agreement with NUE Urban Concepts, LLC, to provide a Mobility Plan and Mobility Fee
Technical Report for the City. The scope of work includes the following:
Task 1: Data Collection & Document Review
Task 2: Analysis of Transportation Needs and Funding Strategies
Task 3: Development of Updated Zones and Fee Schedules
Task 4: Final Report and Documentation of Methods
Task 5: Stakeholder Meetings
253
How will this affect city programs or services? The proposed and adequately budgeted
mobility plan will enhance modes of transportation and will establish a revenue mechanism the
implementation of roadway and transit projects.
Fiscal Impact: $144,000 for Mobility Plan and Mobility Fee Technical Report.
Attachments:
Resolution No. R24-038- Agreement with Nue Urban Concepts for Mobility Plan and Mobility
Fee Technical Support.docx
BB Mobility Plan and Mobility Fee Final 24 update.pdf
Resolution No. R24-039- FY23-24 Budget Amendment- Planning Zoning.docx
FY2324 Fund 001 Budget Amendment for P&Z.pdf
Minutes 04-18-23
254
C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@240B1090\@BCL@240B1090.Docx
RESOLUTION NO. R24-038 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3
APPROVING UTILIZING THE CITY OF GAINESVILLE, FLORIDA,4
CONTRACT - RFP NO. MOBX-230063-DN AND AUTHORIZING THE 5
CITY MANAGER TO SIGN AN AGREEMENT WITH NUE URBAN 6
CONCEPTS, LLC, FOR CONSULTING SERVICES RELATED TO THE 7
DEVELOPMENT OF A MOBILITY PLAN WITH AN ESTIMATED 8
ANNUAL COST OF $144,000.00; AND PROVIDING AN EFFECTIVE 9
DATE.10
11
12
WHEREAS,NUE Urban Concepts, LLC, has been awarded a continuing services13
Consulting Services Agreement related to the development of a Mobility Plan by the City 14
of Gainesville; and15
WHEREAS, the Planning & Zoning Department is seeking consent to piggyback 16
this contract and establish an agreement with NUE Urban Concepts, LLC, to provide a17
Mobility Plan and Mobility Fee Technical Report for the City; and18
WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to 19
be in the best interest of the citizens and residents to approve utilizing the City of 20
Gainesville, Florida, Contract - RFP No. MOBX-230063-DN and authorize the City Manager 21
to sign a Piggyback Agreement with NUE Urban Concepts, LLC, for Consulting Services 22
related to the development of the City’s Mobility Plan with an estimated annual cost of 23
$144,000.00.24
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 25
OF BOYNTON BEACH, FLORIDA, THAT:26
27
Section 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 28
being true and correct and are hereby made a specific part of this Resolution upon adoption 29
hereof. 30
255
C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@240B1090\@BCL@240B1090.Docx
Section 2.The City Commission approves utilizing the City of Gainesville, 31
Florida, Contract - RFP No. MOBX-230063-DN and authorizes the City Manager to sign an 32
Agreement with NUE Urban Concepts, LLC, for Consulting Services related to the 33
development of the City’s Mobility Plan with an estimated annual cost of $144,000.00, a 34
copy of the Agreement is attached hereto as Exhibit “A.”35
Section 3.This Resolution shall become effective immediately upon passage.36
PASSED AND ADOPTED this 20th day of February, 2024.37
CITY OF BOYNTON BEACH, FLORIDA38
39
YES NO40
41
Mayor – Ty Penserga __________42
43
Vice Mayor – Thomas Turkin __________44
45
Commissioner – Angela Cruz __________46
47
Commissioner – Woodrow L. Hay __________48
49
Commissioner – Aimee Kelley __________50
51
VOTE ______52
53
54
55
ATTEST:56
57
___________________________________________________________58
Maylee De Jesús, MPA, MMC Ty Penserga59
City Clerk Mayor60
61
APPROVED AS TO FORM:62
(Corporate Seal)63
_______________________________64
Shawna G. Lamb65
City Attorney66
256
C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@240B1090\@BCL@240B1090.Docx
67
257
Piggyback Contract – NUE Urban Concepts, LLC 1
PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND NUE URBAN CONCEPTS, LLC.
This Piggyback Agreement is made as of this __ day of February 2024 by and between
NUE URBAN CONCEPTS, LLC, with a principal address of 2000 PGA Blvd., Suite 4440, Palm
Beach Gardens, FL 33408, hereinafter referred to as “Vendor,” and the CITY OF BOYNTON
BEACH, a municipal corporation organized and existing under the laws of Florida, with a business
address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as
“City.”
RECITALS
WHEREAS, on June 28, 2023, the City of Gainesville, a Florida Municipal Corporation,
issued a “Request for Proposal” (RFP) to solicit responses from qualified firms with expertise
consulting services related to the development of a mobility plan, for which it received a total of
one (1) response; and
WHEREAS, the City of Gainesville found NUE Urban Concepts, LLC. (“Vendor”), to be
a highly qualified proposer, and awarded a fifteen (15) month contract, RFP No. MOBX-230063-
DS (the “Master Agreement”), commencing September 28, 2023, and shall expire on December
31, 2024, with one (1) additional one-year renewal option; and
WHEREAS, the City desires to obtain similar consulting services related to the
development of a mobility plan; and
WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids,
provides authority for the City to acquire or contract for services without utilizing a sealed
competitive method or the written quotations methods where the desired services are the subject
of an agreement that utilizes another government entity’s contract, provided that the contract was
awarded based strictly on competitive bidding; and
WHEREAS, in order to enhance modes of transit and maintain the life of the roadways
within the City, the City’s Development, Planning & Zoning Division is requesting the City enter
into a Piggyback Agreement with Vendor to provide consulting services related to the development
of a mobility plan and technical reports for the establishment of a mobility fee (“Services”); and
WHEREAS, the Vendor has provided the City with a proposal for Services, attached as
Exhibit “A;” and
WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master
Agreement, a copy of which is attached as Exhibit “B.”
258
Piggyback Contract – NUE Urban Concepts, LLC 2
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement.
2. TERM: The term of this Agreement commences on February 21, 2024, and will remain in
effect until December 31, 2024, with one (1) one-year renewal option (“Term”). The initial
term and any subsequent renewals of this Agreement are subject to the renewal or extension
of the Master Agreement. If the Master Agreement expires or is terminated during the
Term, this Agreement shall terminate no later than six months after such expiration or
termination of the Master Agreement.
3. CONTRACT TERMS: The Vendor agrees to complete the Services, as provided in the
Vendor’s Proposal attached as Exhibit “A” on the same terms and in the same manner as
set forth in the Master Agreement, except as otherwise provided herein. All recitals,
representations, and warranties of Vendor made by Vendor in the Master Agreement are
restated as if set forth fully herein, made for the benefit of the City, and incorporated herein,
except that all references to the “City of Gainesville” are hereby replaced with the “City of
Boynton Beach.” The City shall compensate Vendor pursuant to the reduced rates for
services performed by Jonathan Paul set forth in Exhibit “A,” and the hourly rates set forth
in the Master Agreement for the Services in an annual amount not to exceed $144,000.00.
4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt
requested, or customarily used overnight transmission with proof of delivery, sent to:
City: Daniel Dugger, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Copy: Shawna G. Lamb, City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be
mailed to:
Boynton Beach Finance Department
Attn: Accounts Payable
P.O. Box 310
Boynton Beach, FL 33425.
259
Piggyback Contract – NUE Urban Concepts, LLC 3
Invoices shall show the nature of the service and dates(s) of service. Invoices based on
hourly rates shall show the actual hours worked, person performing services, nature of the
service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently
than monthly. However, all services rendered prior to September 30th of any given year
are required to be invoiced by September 30th of that year. Vendor shall provide a W-9
with the first invoice.
The fee shall be paid based on receipt of a proper invoice in accordance with the invoice
schedule indicated above. Payment will be made within 45 days of receipt of a proper
invoice in accordance with the Local Government Prompt Payment Act, Section 218.70,
et al., Florida Statutes. No payment made under this Agreement shall be conclusive
evidence of the performance of this Agreement by Vendor, either wholly or in part, and no
payment shall be construed to be an acceptance of or to relieve Vendor of liability for the
defective, faulty, or incomplete rendition of the Services.
6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales,
use, and related taxes. The City is exempt from state and local sales and use taxes and shall
not be invoiced for the same. Upon request, City will provide Vendor with proof of tax-
exempt status.
7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein
shall be considered nor construed to waive City’s rights and immunities under the common
law or section 768.28, Florida Statutes, as may be amended.
8. ATTORNEY’S FEES: In the event that either Party brings suit for enforcement of the
Agreement, each Party shall bear its own attorney's fees and court costs.
9. PUBLIC RECORDS:
The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall
comply with Florida’s Public Records Law. Specifically, the Vendor shall:
A. Keep and maintain public records required by the City to perform the service;
B. Upon request from the City’s custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla.
Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and, following completion of the contract,
Vendor shall destroy all copies of such confidential and exempt records remaining in
its possession once the Vendor transfers the records in its possession to the City; and
D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the
City, all public records in Vendor’s possession All records stored electronically by
Vendor must be provided to the City, upon request from the City’s custodian of public
260
Piggyback Contract – NUE Urban Concepts, LLC 4
records, in a format that is compatible with the information technology systems of
the City.
E. IF THE VENDOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk@bbfl.us
10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this
Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The
Vendor further certifies that Vendor 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
Vendor 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 the Vendor of
the City's determination concerning the false certification. The Vendor 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, the Vendor 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 the Vendor 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.
11. E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., “Employment
Eligibility,” including the registration and use of the E-Verify system to verify the work
authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall
result in termination of this Agreement. Any challenge to termination under this provision
must be filed in the Circuit Court no later than 20 calendar days after the date of
termination. If this Agreement is terminated for a violation of the statute by Vendor,
Vendor may not be awarded a public contract for a period of one (1) year after the date of
termination.
12. DISPUTES: Any disputes that arise between the parties with respect to the performance
of this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction exclusively in Palm Beach County, Florida. This
Agreement shall be construed under Florida Law.
261
Piggyback Contract – NUE Urban Concepts, LLC 5
13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by
both parties. This Agreement may be signed by the parties in counterparts, which together
shall constitute one and the same agreement among the parties. A facsimile signature shall
constitute an original signature for all purposes. Each person signing this Agreement on
behalf of either Party individually warrants that he or she has full legal power to execute
the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate
such Party with respect to all provisions contained in this Agreement
14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the
City for convenience upon fourteen (14) calendar days of written notice by the terminating
party to the other party for such termination in which event the Vendor shall be paid its
compensation for services performed to the termination date, including services reasonably
related to termination. In the event that the Vendor abandons the Agreement or causes it
to be terminated, the Vendor shall indemnify the City against loss pertaining to this
termination.
15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this
Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail
to perform or observe any of the terms, provisions, conditions, or requirements herein
contained, if such neglect or failure shall continue for a period of thirty (30) calendar days
after receipt by Vendor of written notice of such neglect or failure.
16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected
and appointed officers, agents, assigns and employees, consultants, separate Vendors, any
of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes
of action whatsoever, and the resulting losses, damages, costs, and expenses, including but
not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders,
judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor’s
performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or
intentional wrongful conduct by Vendor’s, its agents, employees, subcontractors,
participants, and volunteers, and (C) Vendor’s failure to take out and maintain insurance
as required under this Agreement. Vendors shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits, or actions of any kind or nature
in the name of the City, where applicable, including appellate proceedings, and shall pay
all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this
section shall survive indefinitely regardless of termination of the Agreement.
17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City
with a copy of its Certificate of Insurance reflecting the insurance coverage required by the
Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach,
and its officers, employees, and agents as an additional insured.
18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to
which it is applicable, City shall not be liable or responsible to Vendor beyond the amount
remaining due to Vendor under the Agreement, regardless of whether said liability be based
in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for
punitive or exemplary damages or for lost profits or consequential damages.
262
Piggyback Contract – NUE Urban Concepts, LLC 6
19. INDEPENDENT CONTRACTOR: The Agreement does not create an
employee/employer relationship between the Parties. It is the intent of the Parties that
Vendor is an independent contractor pursuant to the Agreement and shall not be considered
the City’s employee for any purpose.
20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times
material to the Agreement, Vendor shall perform its obligations in compliance with all
applicable federal, state, and local laws, rules, and regulations, including section 501.171,
Florida Statutes. Non-compliance may constitute a material breach of the Agreement.
21. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be
assigned, transferred, or otherwise encumbered, under any circumstances by Vendor,
Vendor must gain prior written consent from City thirty (30) business days before such
transfer. For purposes of this Agreement, any change of ownership of Company shall
constitute an assignment that requires City’s approval. Notwithstanding the foregoing,
Vendor may, without City’s consent, assign this Agreement in whole or in part as part of a
corporate reorganization, consolidation, merger, or sale of substantially all of its assets
related to this Agreement. Vendor shall provide City written notice of any such corporate
reorganization, consolidation, merger, or sale of substantially all of its assets related to this
Agreement within thirty (30) calendar days of such event.
22. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and
effect only as long as the expenditures provided for in the Agreement have been
appropriated by the City Commission of the City of Boynton Beach in the annual budget
for each fiscal year of this Agreement, and is subject to termination based on lack of
funding. Early termination by City due to loss of funding shall not obligate Vendor to
refund any prepaid fees.
23. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the
entire Agreement between the City and the Vendor with respect to the subject matter of
this Agreement. This Agreement supersedes all prior and contemporaneous negotiations,
understandings, and agreements, written or oral, between the parties. This Agreement may
not be modified except by the parties’ mutual agreement set forth in writing and signed by
the parties.
24. SEVERABILITY. If any provision of this Agreement or application thereof to any person
or situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those
as to which it shall have been held invalid or unenforceable, shall not be affected thereby,
and shall continue in full force and effect, and be enforced to the fullest extent permitted
by law.
Signature Page to follow
263
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH, FLORIDA
Daniel Dugger, City Manager
Approved as to Form :
Shawna G. Lamb, City Attorney
Attested/ Authenticated:
Maylee DeJesus, City Clerk
2.7.24
SRW
Piggyback Contract -NU E Urban Concepts , LLC
NUE URBAN CONCEPTS, LLC.
Print Name of Authorized Official
Title
Attest/ Authenticated:
,~5-~
(Signature), Witness
Print Name
7
264
Piggyback Contract – NUE Urban Concepts, LLC 8
EXHIBIT A
VENDOR’S PROPOSAL
265
2000 PGA Blvd, Suite 4440
Palm Beach Gardens, FL 33408
352-363-0614 (c) 833-682-8484 (o)
www.nueurbanconcepts.com
nueurbanconcepts@gmail.com
NUC Version 1.5: 02/06/2024 1
February 6th, 2024
Amanda Radigan, AICP, LEED AP
Director, Planning & Zoning
City of Boynton Beach
Development, Planning & Zoning
100 E. Ocean Avenue
Boynton Beach, FL 33435
RE: BOYNTON BEACH MOBILITY PLAN AND MOBILITY FEE UPDATE
NUE Urban Concepts (NUC) is pleased to provide a scope of service for update of the
Complete Streets Mobility Plan projects and the Mobility Fee for Boynton Beach. Florida
Statute requires mobility fees to be based on the most recent and localized data. Since the
mobility fee was last calculated, the following are major data sources that have changed: (1)
the ITE Trip Generation Manual was updated to the 11th edition; (2) FDOT adopted new road
capacity tables; and (3) additional analysis based on legal cases and negotiated settlements
between municipalities and counties.
These data sources, as well as the Complete Street projects need to be updated. In the
interest of time this scope proposes to update the mobility projects and cost from the
Complete Streets Plan for incorporation into the Mobility Fee Technical Report, but not an
update of the Complete Street Plan. An update of the Complete Streets Plan could occur based
on settlements with the County. It is also recommended that the potential for additional
assessment areas be established with two (2) east of Interstate 95 and two (2) west of
Interstate 95 to allow for greater negotiations with the County. The following are the
required task to calculate a Mobility Fee and finalize the Technical Report:
Task 1: Data Collection & Document Review
NUE Urban Concepts will review and update travel demand data and growth projections.
NUE Urban Concepts will collect AADT, number of lanes, speed limits, area types, functional
classification, and ownership to evaluate existing traffic conditions and the share of travel
on City, County, and State roads for the mobility study area and for established assessment
areas. This may require collection of traffic counts as a separate scope of service. NUE Urban
Concepts will conduct a backlog analysis to identify systemwide deficiencies. The analysis
will also require updates of road capacity based on the new FDOT Generalized Tables.
266
Boynton Beach Mobility Fee February 6th, 2024
NUC Version 1.5: 02/06/2024 www.nueurbanconcepts.com 2
NUE Urban Concepts will further evaluate StreetLight data collected under prior scopes to
develop community capture rates for the City, the Mobility Study Area, and for established
assessment areas. The data will also be evaluated to establish the share of travel within the
County’s existing Road Impact Fee Districts.
NUE Urban Concepts will prepare an evaluation of vehicle and person miles of travel for the
Census Tracts within the City and for the urban, suburban, and rural portions of Palm Beach
County using USDOT and US CENSUS data. The data will be used to show differences in
impact and travel based on location. To the extent Census Tract data aligns with assessment
areas, the evaluation will be prepared for the assessment areas.
Task 2: Analysis of Transportation Needs and Funding Strategies
NUE Urban Concepts will coordinate with City Staff to identify updates to the Complete
Streets Mobility Plan. The update will include removal of projects that have been constructed,
removal of projects that are no longer deemed feasible or needed, and the addition of new
multimodal projects. The cost estimates for the projects will be updated as will the person
miles of capacity based on the new FDOT Generalized Tables. Updated Maps will be prepared.
The update will be for inclusion in the Mobility Fee Technical Report. The Complete Streets
Plan can be updated at a later date based on the outcome of negotiations with the County.
NUE Urban Concepts will coordinate with City Staff to identify locations for one or more
mobility hubs that will include parking structures to establish a park once environment.
These mobility hubs will be served by planned micro transit circulator routes that connect
to major trip generators and destinations within the City. The Mobility Hubs will include a
projection on the number of parking spaces and the types of mobility support services such
as bike or scooter share to be co-located at the mobility hub. The Mobility Plan Projects will
be coordinated with the mobility hubs to provide for enhanced multimodal connectivity.
Task 3: Development of Updated Zones and Fee Schedules
NUE Urban Concepts will establish up to four assessment areas with up to two (2)
assessment areas on either side of Interstate 95. The assessment areas will be based on the
existing transportation concurrency exception area (TCEA) boundaries, Community
Redevelopment Area (CRA) boundaries, special plan, or neighborhood boundaries,
downtown and multimodal oriented development areas.
NUE Urban Concepts will update the mobility fee schedule based on current development
patterns and coordination with the City. The underlying trip generation will be updated for
each land use based on the latest ITE Trip Generation Manual. The update will also include
updates to travel factors and will include mobility fees for each of the four assessment areas.
267
Boynton Beach Mobility Fee February 6th, 2024
NUC Version 1.5: 02/06/2024 www.nueurbanconcepts.com 3
NUE Urban Concepts will calculate a mobility fee based on the data and analysis, as well as
the person travel demand data prepared for the prior mobility fee analysis. Person travel
demand for the land uses in the Mobility Fee schedule will need to be updated to reflect the
latest Trip Generation Manual.
Task 4: Final Report and Documentation of Methods
NUE Urban Concepts will update the Mobility Fee Technical Report to reflect task 1, 2, and 3.
The update will also document all previous data and analysis used in the update of the
Mobility Fee. The Technical Report will also reflect the updated Mobility Plan projects, and
amendments to Florida Statute.
Task 5: Stakeholder Meetings
Conference calls, meetings, public hearings, and workshops, collectively referred to as
meetings, shall be attended by NUE Urban Concepts as requested by the City Meetings shall
be billed at the hourly rate established in the contract per team member required to attend
or participate in the meeting up to the projected task budget. Meeting times includes the
preparation of presentations and support material for the meeting as well as travel time.
Request for additional meeting time will require a Scope Addendum.
Deliverable: Mobility Plan and Mobility Fee Technical Report
Scope Cost: The cost per hour is based on a flat rate of $200 per hour. The task will
be performed by Jonathan B. Paul, the Principal of NUE Urban Concepts.
Schedule: The mobility plan and mobility fee technical report will take roughly six (6)
months to complete. The time frame starts from the date that a purchase order is
provided and a notice to proceed is issued by the City. Every attempt will be made to
expedite the time frame to quicker than six (6) months.
TASK # TASK HOURS COST
1 Data Collection & Document Review 200 $40,000
2 Analysis of Transportation Needs and Funding Strategies 250 $50,000
3 Development of Updated Zones and Fee Schedules 125 $25,000
4 Final Report and Documentation of Methods 100 $20,000
5 Stakeholder Meetings 45 $9,000
TOTAL 720 $144,000
268
Boynton Beach Mobility Fee February 6th, 2024
NUC Version 1.5: 02/06/2024 www.nueurbanconcepts.com 4
The following are additional services not addressed in this Scope of Service that the
City may wish to consider if it elects to move forward with adoption of a mobility fee.
ADDITIONAL SERVICES NOT COVERED IN SCOPE ARE AS FOLLOWS:
UPDATE OF THE MOBILITY FEE ORDINANCE: NUC will update the previously prepared
Mobility Fee Ordinance that serves as the legal basis to enact a Mobility Fee and allows the
City to begin to assess new development for its transportation mobility impact. The
Ordinance will address legislative findings, definitions, collection and expenditure of fees,
offsets for redevelopment of existing uses, credits for prior mitigation payments, special
studies, auditing, fund accounts, annual reports, challenges, and updates.
INTERLOCAL AGREEMENT: NUC will assist the City with an update the interlocal agreement
between the City and the County related to any reductions in the County Road Impact Fee
and any agreements to plan, design, and fund multimodal projects. NUE Urban will
coordinate the development of the agreement with the applicable City Departments.
ADMINISTRATIVE COORDINATION: NUC will coordination with multiple City departments
and divisions including building permit, budgeting, finance, planning, public works, and the
City Attorney to coordinate implementation of the Mobility Fee Ordinance.
BUILDING PERMIT INTEGRATION: The City does not currently charge a mobility fee. The
Permit system may need to be updated to allow for the collection of a Mobility Fee. Some
permit systems are relatively simple and can be accommodated through simple look up
tables and excel spreadsheets. Other permit systems are propriety and require coordination
with third party venders to initiate updates. Permit clerks will need to be trained and a
process established for quality control checks. The Building Permit Department is also the
front-line interaction with the development community. There is oftentimes further
outreach done with the development community and builders during the implementation
stage. Florida Statute requires a minimum of 90 days between the adoption of a Fee
Implementing Ordinance and collection of the Fee.
ADMINISTRATIVE SERVICE CHARGES: To relieve impact to the general fund, local
governments frequently develop administrative service charges and fees to administer and
implement the mobility fee. Florida Statute requires service charges not exceed the cost to
fully administer a mobility fee. NUE Urban Concepts can prepare a report documenting the
cost to administer and implement a mobility fee.
ADMINISTRATIVE PROCEDURES: To address administration of the Mobility Fee, NUE
Urban Concepts will develop administrative procedures to address day-to-day
administration and implementation of a mobility fee.
269
Boynton Beach Mobility Fee February 6th, 2024
NUC Version 1.5: 02/06/2024 www.nueurbanconcepts.com 5
COMPREHENSIVE PLAN AMENDMENT: NUE Urban Concepts will prepare updates to goals,
objectives, and policies in the City’s Comprehensive Plan to reflect adoption of a Mobility
Plan and Mobility Fee. The update will address potentially conflicting policies and integrate
the mobility plan into the comprehensive plan, including level and quality of service
standards established in the Technical Report, along with other legal and statutory
requirements related to mobility planning. The update will also include the establishment of
mobility strategies to address site related impacts and reflect the replacement of
transportation concurrency.
LAND DEVELOPMENT REGULATIONS (LDR) UPDATE: NUE Urban Concepts will prepare
updates to requirements and standards in the City’s Land Development Regulations to
reflect adoption of a Mobility Plan and Mobility Fee. The update will address potentially
conflicting transportation concurrency requirements. The updates will implement and
integrate level and quality of service standards, along with other legal and statutory
requirements related to mobility planning. The LDRs will also implement mobility strategies
established in the Comprehensive Plan.
SITE / MOBILITY IMPACT ANALYSIS REQUIREMENTS: NUE Urban Concepts will develop
thresholds and requirements for site related impact analysis. These requirements address
site related turn lanes, traffic control devices, trip generation, driveway design, access
management, on-site and off-site multimodal improvements, internal circulation, and
parking. While these requirements can be included in Land Development Regulations, they
are also provided as separate stand-alone requirements.
PARKING MANAGEMENT STRATEGIES: An evaluation of existing parking standards and
design requirements will be undertaken. Parking Management Strategies to include shared
parking, parking reductions for multimodal offsets, payment in lieu-of parking, and mobility
hubs that create a park once environment will be evaluated. Recommendations for revisions
to parking standards and design requirements, as well as parking management strategies
will be prepared for inclusion in the Land Development Regulations.
Thank you for your consideration of this Scope. Please let me know if have any questions.
Sincerely,
Jonathan B. Paul, AICP
Principal
270
Piggyback Contract – NUE Urban Concepts, LLC 9
EXHIBIT B
AGREEMENT BETWEEN CITY OF GAINESVILLE, FLORIDA
AND
NUE URBAN CONCEPTS, LLC
271
272
273
274
275
276
277
278
279
280
281
282
283
Screenshots from eScribe Portal 19 SEP 2023 BLSleep, Dept of Transportation
284
Screenshots from eScribe Portal 19 SEP 2023 BLSleep, Dept of Transportation
285
E-Bidding Document - RFP - Page 1 of 64
BID COVER
Procurement Division
(352) 334-5021(main)
Issue Date: June 28, 2023
REQUEST FOR PROPOSAL: #MOBX-230063-DS
Mobility Plan
PRE-PROPOSAL MEETING: Non-Mandatory Mandatory N/A Includes Site Visit
DATE: TIME:
LOCATION:
QUESTION SUBMITTAL DUE DATE: July 16, 2023
DUE DATE FOR UPLOADING PROPOSAL: July 31, 2023, 3:00pm
SUMMARY OF SCOPE OF WORK:
Development of a mobility plan and associated fee system to replace existing Transportation Mobility Program, including
analysis of transportation needs, delineation of new mobility fee zones, establishment of fee structure and fee methodology,
and any associated amendments to Comprehensive Plan and Land Development Code.
For questions relating to this solicitation, contact: Daphyne Sesco, Procurement Specialist 3,sescoda@gainesvillefl.gov
Bidder is not in arrears to City upon any debt, fee, tax or contract: Bidder is NOT in arrears Bidder IS in arrears
Bidder is not a defaulter, as surety or otherwise, upon any obligation to City: Bidder is NOT in default Bidder IS in default
Bidders who receive this bid from sources other than City of Gainesville Procurement Division or DemandStar.com MUST contact the
Procurement Division prior to the due date to ensure any addenda are received in order to submit a responsible and responsive offer.
Uploading an incomplete document may deem the offer non-responsive, causing rejection.
ADDENDA ACKNOWLEDGMENT: Prior to submitting my offer, I have verified that all addenda issued to date are considered as
part of my offer: Addenda received (list all) #______________________________________
Legal Name of Bidder: ________________________________________________________________________
DBA: _______________________________________________________________________________________
Authorized Representative Name/Title: ____________________________________________________________
E-mail Address: _______________________________________ FEIN: ______________________________
Street Address: _______________________________________________________________________________
Mailing Address (if different): ___________________________________________________________________
Telephone: (______) _______________________ Fax: (______) _______________________
By signing this form, I acknowledge I have read and understand, and my business complies with all General Conditions and requirements
set forth herein; and,
Proposal is in full compliance with the Specifications.
Proposal is in full compliance with the Specifications except as specifically stated and attached hereto.
SIGNATURE OF AUTHORIZED REPRESENTATIVE: ____________________________________________________
SIGNERS PRINTED NAME: ____________________________________________ DATE: _______________________
286
287
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
TABLE OF CONTENTS
1
3
Project Approach 3
Project Understanding 6
Scope of Services 8
Mobility Cohort Team 12
Project Experience 14
Project Schedule 29
Resumes 30
37
30
43
City of Port St Lucie 2045 Mobility Plan
Mobility Plan & Mobility Fee Technical Report
288
289
290
291
292
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
3
TECHNICAL PROPOSAL
PROJECT APPROACH
The Mobility Cohort’s mission is to improve the quality of life in cities by planning and designing urban
environments that serve people, not just cars. To achieve this, our work focuses on providing engaging
public spaces, facilitating safe and convenient mobility and access to jobs and daily needs, and removing
barriers to opportunities and affordability that have been created by traditional land development
practices. Our approach is guided by four pillars:
Data
We take a data-driven approach to deconstructing complex planning and mobility issues,
analyzing traffic and travel patterns, and telling the story of the communities we work in. We use
data to help facilitate informed decision-making with our clients and to inform project
recommendations.
Visualization
A picture is worth a thousand words and sometimes a story is best told through creative
visualizations. We take our data analysis one step further by developing high quality visualizations
that communicate our analyses, innovative concepts, and recommendations in an easy-to-
understand way.
Engagement
In all of our projects, we strive to facilitate communication, coordination, and collaboration
between our clients and relevant public agencies, private businesses, developers, and local
residents that result in comprehensive, strategic decision making and project implementation.
Innovation
The Mobility Cohort dedicates 10% of its time to innovation – whether that’s continuing our
education, staying up to date with the latest planning trends and issues, or developing innovative
concepts to implement in our work, the Mobility Cohortis dedicated to being an innovative leader
in the field of urban planning and mobility.
The goal of the Mobility Cohort is to provide the City of Gainesville with the knowledge, skills, and
expertise needed to develop a holistic mobility plan that addresses current and future mobility needs
based on existing and future travel demand. The Mobility Plans developed by the Mobility Cohort are not
just a reference to projects that are already identified in a Long Range Transportation Plan (LRTP).
293
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
4
Our mobility plans draw from Plans and Studies conducted for the community and identify improvements,
programs, and services to fill in gaps in the multimodal network not addressed by these Plans and Studies.
The mobility plans developed by the Mobility Cohort also evaluate where future growth, through new
development, infill and redevelopment, is projected to occur and what multimodal projects are needed
to meet future travel demands from that growth as required by Florida Statute.
The forward-looking mobility plan to be developed by the Mobility Cohort can be used as the City’s vision
for mobility to guide the next update of the Gainesville and Alachua County LRTP. The prior LRTP, for
various stated reasons by the Metropolitan Transportation Planning Organization (MTPO), used
descriptions and language for projects that strayed far from long held visions of both the City and the
County to emphasize multimodal mobility through an interconnected network of streets, bike and
multimodal lanes, sidewalks, paths, trails, and transit service. The mobility plan will enable the City to
present a community vetted plan of its vision for mobility over the next 20 plus years.
The Mobility Cohort has always advocated for the development of comprehensive mobility plans to serve
as the basis for developing and updating fee systems, as required by Florida Statute. There are consulting
firms that have developed road, transportation or multimodal impact fees that are consumption or
standard based, with passing references to LRTPs. Other consultants may have developed transportation
plans, master plans, or LRTPs. Few consultants, other than the members of the Mobility Cohort, have
developed mobility fees, multimodal impact fees, and alternative fee systems that are based on the
multimodal projects included in mobility plans developed by the consultant.
The Mobility Cohort has worked with numerous communities, both large, small, and everywhere in
between, to develop mobility plans and fee systems that are specific to the needs and desires of the
community.Our team does not employ a cookie cutter approach of developing fee systems that are barely
distinguishable between local governments, other than the names on the fee study.
Due to Florida Statute requirements that new or increased fees provide a minimum of 90 days before
becoming effective and Florida Department of Economic Opportunity (DEO) time frames for review of
large-scale amendments to Comprehensive Plans, the Mobility Cohort has typically encouraged a two
phased approach to Comprehensive Plan Amendments.
The first phase is a smaller scale amendment to establish legislative intent in the Comprehensive Plan to
adopt a mobility plan and fee system and indicate that the transition to the new system would occur per
the time frames established in the implementing ordinance. The second phase would remove conflicting
and legacy goals, objectives, and policies to ensure internal consistency with statutory requirements and
to fully integrate the mobility plan and fee system.
294
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
5
Drawing from extensive experience, given how integrated the Transportation Mobility Program is within
the City’s Comprehensive Plan and the existing interconnections between site access, mobility
performance measures, and off-site mitigation, the amendments to the Comprehensive Plan and Land
Development Code may end up being a more iterative process and deviate some from the RFQ sequence
of task. The Mobility Cohort has the experience and expertise to guide the City through the process of
transitioning systems and ultimately arriving at the desired end goal of a functional and updated
mitigation system that meets legal and statutory requirements.
The Mobility Cohort has identified the following seven major components to developing a statutorily
sound and legally defensible mobility funding system (example from St. Augustine Mobility Plan and Fee):
The Mobility Cohort’s approach starts with holding a kick-off meeting with City staff to provide an
overview of mobility plans, alterative fee systems, statutory requirements, and to share past experiences.
The Cohort has found that the overview has been a useful tool to facilitate discussions between our team
members and City Staff. The kick-off meeting will also be an opportunity to refine the project schedule,
discuss deliverables, and to discuss the potential for outside factors that may influence the update, such
as elections, upcoming legislative schedule, and major developments.
The kick-off meeting also provides our team with the ability to clearly define the types of data,
information, and plans that we need from the City. Following the kick-off meeting, our team will prepare
a data collection request and schedule a virtual meeting, if necessary, to address any questions related to
the data request. Updates to the project schedule and deliverables, if necessary, will be prepared and
delivered to the City following the kick-off meeting and review of the requested data and information.
295
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
6
PROJECT UNDERSTANDING
This proposal is a response to the City of Gainesville’s bid to hire an experienced and qualified firm to
develop a mobility plan and associated fee system to replace its existing Transportation Mobility Program.
Tasks also include an analysis of transportation needs, delineation of new mobility fee zones,
establishment of a fee structure and fee methodology, and any associated amendments to the
Comprehensive Plan and Land Development Code.
Recent amendments to Florida Statute 163.31801 have established and codified case law for the
development and update of impact fees and alternative fee systems. Beyond requiring that fees be based
on the most recent and localized data, the amendments to the “Impact Fee Act” require that fees be
based on a plan of capital improvements, that there be a clear nexus between the impact of new
development and the need for capital improvements, and demonstration that a benefit is provided to the
entities that pay the fee.
The Mobility Plan serves as the basis for the establishment of an alternative fee system that replaces
transportation concurrency. An alternative fee allows new development and redevelopment to mitigate
its impact to the transportation system through payment of a one-time fee. Alternative fee systems are a
principal means for local governments to specifically levy a one-time assessment on new development
and redevelopment, that results in an increase in travel demand above the existing use of land, to fund
multimodal projects identified in a mobility plan.
An effective Mobility Plan provides a blueprint for that vision that identifies multimodal projects that
connect neighborhoods with important destinations. Protected bike lanes, multimodal flex lanes, multi-
use trails, shared-use paths, sidewalks, dedicated transit lanes, transit facilities, transit service, mobility
hubs, roundabouts, intersection improvements, and new and wider roads are all examples of multimodal
projects that may be identified in a mobility plan. The Mobility Cohort has successfully integrated transit
service, both surface and water, along with autonomous transit shuttles, bike and car share programs,
micromobility services such as e-bikes and e-scooters, dynamic parking management strategies, and
neighborhood traffic calming programs into mobility plans.
The following are the major tasks that the Mobility Cohort will undertake to develop a mobility plan and
fee system, along with amendments to the Comprehensive Plan, Land Development Code and community
engagement and outreach:
Task 1: Data Collection & Document Review
Task 2: Analysis of Transportation Needs and Funding Strategies
Task 3: Development of Updated Zones and Fee Schedules
Task 4: Final Report and Documentation of Methods
Task 5: Stakeholder meetings
Task 6: Revisions to the Land Development Code and Comprehensive Plan
Task 7: Public Hearing and Draft Ordinance(s)
296
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
7
The following are the 18 steps that the Mobility Cohort will undertake to complete Task 1 thru Task 7
identified above and further detailed in RFP #MOBX-230063-DS. The Mobility Cohort has successfully
undertaken these steps to develop community specific mobility plan and fee systems for local
governments across Florida (example from Port St. Lucie Mobility Plan and Fee):
297
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
8
SCOPE OF SERVICES
Task 1: Data Collection & Document Review
The Mobility Cohort will review the documents included under Task 1 for RFP #MOBX-230063-DS. In
addition, our team will review the data requested as detailed under project approach. Gaps in data will
be filled, to the maximum extent feasible, utilizing data collected by Alachua County and FDOT. Missing
data critical to the development of a legally defensible mobility plan and fee system will be discussed with
the City and appropriate solutions will be developed.
Task 2: Analysis of Transportation Needs and Funding Strategies
The Mobility Cohort will draft an initial mobility plan after completion of data collection, a review of
pertinent documents, and discussions with City staff on specific needs and desires for multimodal projects
(transit needs are included under multimodal projects). This process begins with compiling a list of
programmed City transportation projects to ensure the team has a full understanding of what projects
will be implemented in the future. The next step is to compile a list of the future proposed projects from
the documentsreview in Task 1. The list of future proposedprojects will serve as the basis for the Mobility
Plan projects list. To inform Mobility Plan recommendations, our team will perform an analysis of mode
shares, to the extent such information is readily available from data sources, throughout different areas
of the City and develop GIS maps of existing transportation infrastructure (i.e., sidewalks, bicycle lanes,
roads, transit, trails, etc.), key points of interest, planned and proposed infrastructure projects, and the
mobility plan study network.
If the City so chooses, the Mobility Cohort will also develop city-wide Multimodal Quality of Service (QOS)
Standards which will be evaluated and aid in identifying multimodal improvements in the Mobility Plan.
Florida Statute 163.3180 (5)(f)(5) identifies the option to establish multimodal quality of service (QOS)
standards as part of a mobility plan and associatedfunding systems. Some local governments have chosen
to completely replace traditional roadway LOS standards with Street and Multimodal QOS Standards.
Multimodal QOS standards are based on the types of facilities for people walking, bicycling, using
micromobility, and riding microtransit included in the Mobility Plan. Street quality of service (QOS)
standards, based on posted speed limits, can be used in conjunction with areawide roadway LOS
standards as a planning tool used for innovative street design.
The team’s work up to this point will then be agglomerated to draft a Mobility Plan. Once the data
collected in Task 1 has been mapped and analyzed, this analysis will be used, in conjunction with guidance
and feedback from City staff and stakeholders, to identify additional transportation needs and make
recommendations for infrastructure, policies, and programs that will create and facilitate a connected,
integrated multimodal transportation system that improves mobility and quality of life in the City of
Gainesville. The Mobility Plan will include maps of the of the recommended improvements and tabular
data describing the multimodal improvements, planning level cost estimates, the timeline in which
projects should be integrated into the Gainesville Capital Improvements Plan, and potential existing and
future funding sources.
298
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
9
Task 3: Development of Updated Zones and Fee Schedules
The Mobility Cohort will evaluate potential changes to existing TMPA zone boundaries. The Cohort
recommends that the City consider renaming the TMPA zone boundaries to corresponding assessment
areas. Since the mobility plan will serve as the basis for development of a fee assessed on new
development, the use of the term assessment area is more appropriate and would provide for a clearer
transition from the existing TMPA system.
The new assessment areas would be accompanied by a new fee assessment schedule that varies for
different land uses based on projected impact of the land use. The methodology to develop the fee would
be detailed in a Technical Report. The Technical Report would document how the fee meets the dual
rational nexus and rough proportionately tests established in case law and through Florida Statutes.
The fee would vary by assessment area based on projected travel within the assessment area, and the
need for multimodal projects (which include transit needs) and the cost of those projects within each
assessment area. The Mobility Cohort has developed fee schedules that include a uniform fee across an
entire City or County and has developed fee schedules that feature six different assessment areas.
Ultimately the number of assessment areas and the difference in fees will depend on travel
characteristics, future growth and the need for multimodal projects and the UF Context Area (transit) fee.
Task 4: Final Report and Documentation of Methods
The culmination of the above tasks is a City of Gainesville Mobility Plan and a City of Gainesville Fee
Technical Report. The Technical Report will outline assessment area boundaries, fee schedules, including
data collection, the fee methodology, and the establishment of benefit districts to ensure that fees paid
by new development are expended on multimodal projects that provide a benefit to the new
development. The mobility plan and fee technical report will include necessary elements to ensure
consistency with case law and Florida Statute.
Task 5: Stakeholder meetings
The Mobility Cohort will coordinate early on with City staff to identify key stakeholders to be actively
involved in development of the Mobility Plan and associated fee system. Where appropriate, our team
makes extensive use of visualizations in outreach efforts and to educate community stakeholders and the
public. The Cohort also believes in being transparency and prepares simple to read overviews to explain
the project process.
Our team has extensive community engagement experience with many different communities and a wide
range of stakeholders. The Cohort team will work closely with the City’s community engagement and
communications staff to develop an action plan that will chart the course for our engagement in support
of the Mobility Plan and associated fee system. The Cohort will conduct three (3) public/stakeholder
meetings (virtual or in-person) prior to the required public hearings.
299
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
10
Task 6: Revisions to the Land Development Code and Comprehensive Plan
The adoption of a Mobility Plan and associated fee system will require amendments to the Land
Development Code and Comprehensive Plan to address internal consistency. As was described under
project approach, there may be a need for an iterative approach to preparing amendments to the
Comprehensive Plan and Land Development Code. The Mobility Plan may also include recommendations
for service quality of standards and other mobility related policies that will need to be included in the
Comprehensive Plan. The Mobility Cohort will develop recommended amendments to the Land
Development Code and Comprehensive Plan. The City would prepare Staff Reports with assistance from
the Mobility Cohort and process the amendments through the City’s agenda process and DEO.
Task 7: Public Hearing and Draft Ordinance(s)
The Mobility Cohort will coordinate with the City Attorney’s office to draft an ordinance for adoption of
the Mobility Plan and associated fee system. One or more members of the Mobility Cohort will attend
and present the Mobility Plan and associated fee system at two (2) City Plan Board hearings and two (2)
City Commission meetings. Attendance at two (2) additional hearings will be provided as needed.
Final Deliverables
1. Backup information (GIS analysis, cost estimations) and presentations and other documents
produced for public meetings or hearings.
2. GIS layers and other files created as part of analysis
3. Mobility Plan, including maps of programmed and needed transportation facilities, summary of
background analysis, and technical report outlining the final schedule of fees and basis.
4.Templates to be utilized for annual fee updates
Additional Task Considerations Not Covered in the Scope
Following the successful completion of this RFP, the Mobility Cohort may be retained for additional
professional services for implementation of the associated fee. These tasks would be addressed as either
a separate Scope of Service or Scope of Service addendum.
BUILDING PERMIT INTEGRATION: The City’s permit system may need to be updated to allow for the
collection of a feethat differs from the current TMPA program. Some permit systems are relatively simple
and can be accommodated through simple look up tables and excel spreadsheets. Other permit systems
are propriety and require coordination with third party venders to initiate updates. Permit clerks may
need to be trained and a process established for quality control checks. The building permit department
is the front-line interaction with the development community. There is oftentimes further outreach done
with the development community and builders during the implementation stage. Florida Statute requires
a minimum of 90 days between the adoption of a fee implementing ordinance and collection of the fee.
300
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
11
FINANCE COORDINATION: Florida Statute requires that fees be maintained in separate funding accounts
to allow for annual auditing. In addition, there are legal requirements regarding the collection and
expenditure of fee funds and the ability to audit said expenditures. Coordination is required with Finance
and Accounting and Budgeting Departments to ensure fund accounts are consistent with the adopted
ordinance and Statutory requirements.
ADMINISTRATIVE SERVICE CHARGES: To relieve impact to the general fund, local governments frequently
develop administrative service charges and fees to administer and implement the fee. Florida Statute
requires service charges not exceed the cost to fully administer a fee. The Mobility Cohort can prepare a
report documenting the cost to administer and implement a fee system.
ADMINISTRATIVE MANUAL: There are many day-to-day administrative items that arise in the assessment
and collection of fees. Some local governments have developed an administrative manual to address
these issues. The manual often incudes forms, review of fees for special requests related to credit,
determinations, and offsets. The manual also provides consistency in implementation to address changes
in Staff administering the ordinance and provides back-up to permit clerks and interim administrators
should the individual(s) tasked with implementing the fee not be available. Florida Statute has placed the
burden on local governments to defend not only its fee but also its administration.
MULTIMODAL INVENTORY AND QUALITY OF SERVICE ANALYSIS:The Mobility Cohort will prepare a
multimodal Inventory of all collector and arterial roads in the City and conduct an existing Multimodal
Quality of Service Analysis. The inventory will consist of a database including multimodal facility type,
lengths, type ofseparation from vehicle traffic, and would assign an existing Multimodal QOS to on-street
and off-street multimodal facilities. The establishment of a baseline QOS can be used as a benchmark to
measure performance over time.
SITE ACCESS ASSESSMENTS / MOBILITY IMPACT ANALYSIS REQUIREMENTS: The City may wish to
consider developing site related analysis requirements. These requirements address site related turn
lanes, traffic control devices, trip generation, driveway design, access management, on-site and off-site
multimodal improvements, internal circulation, and parking. While these requirements can be included
in Land Development Code, they are also provided as separate stand-alone requirements.
PARKING & CURBSIDE MANAGEMENT STRATEGIES:The consultant will evaluate existing parking
standards, design requirements, and curbside management policies. Parking and curbside management
strategies to include shared parking, parking reductions for multimodal offsets, payment in lieu-of parking,
dynamic pricing, time of day restrictions, and mobility hubs that create a park once environment will be
evaluated. Recommendations for revisions to parking and curbside standards and design requirements
will be prepared for inclusion in the Land Development Code.
301
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
12
MOBILITY COHORT TEAM
The Mobility Cohort brings over 100 years of mobility plan, mobility fee and alternative transportation
funding system, transportation mitigation, and planning experience to provide the City of Gainesville with
professional services for developing a mobility plan and associated fee system, consistent with Florida
Statute. Our team has helped numerous communities throughout Florida develop, adopt and update
mobility plans, mobility fees, and alternative transportation funding systems and is currently working with
Alachua, Okaloosa, and Walton Counties, the Cities of Boynton Beach, Longwood, Oviedo, Palm Beach
Gardens, and the Village of Indiantown.
The Cohort is also working with the Cities of Altamonte Springs and Port St. Lucie to update their
Comprehensive Plans and Land Development Regulations to integrate their adopted Mobility Plans and
Mobility Fees. The Mobility Cohort members havedeveloped mobility plans and fee systems for the Cities
of Altamonte Springs, Bradenton, Lake Wales, Port St. Lucie, and St. Augustine, Sarasota County, the Town
of Lake Park, and the Village of Wellignton in the last few years.
The Mobility Cohort has real-world experience and expertise assessing, developing, expending, and
updating fee systems for local governments. The Mobility Cohort members have successfully developed
more combined mobility plans and fees than any other firm in Florida. The following are the Mobility
Cohort members and their roles in delivering services to the City of Gainesville, followed by a summary of
their experience and expertise:
Jonathan B. Paul, AICP,will serve as the project manager and the primary point of contact
Uyen Dang, PE will serve as the traffic engineer
Robert G. Schiffer, AICP,will lead future travel demand modeling
Lauren Rushing,will serve as principal planner and project coordinator and will lead GIS
Margarita Yerastova,will lead graphic design and serve as a senior planner
Jonathan B. Paul, AICP,the Principal of NUE Urban Concepts and Co-Founder of the
Mobility Cohort will serve as the Project Manager and the primary point of contact.
Mr. Paul brings 25 years of public and private sector planning experience and 20 years
administering, developing, and updating mobility plans and alternative mobility,
impact fee, mobility fee, and transportation concurrency systems. Mr. Paul served 10
years as a Manager and Director for Alachua and Sarasota Counties, and four years as
Principal Planner in Hillsborough County, developing, updating, and administering their concurrency
management, impact fee, and mobility fee programs. He has also developed innovative funding
techniques to fund mobility and accessibility improvements. Recently he has used Streetlight data to
measure origin and destination trips for developing mobility plans and fees and has been integrating
areawide level of service, multimodal quality of service, and FDOT’s complete street context classifications
into mobility plan and fees. Jonathan has developed mobility plan and fee systems from St. Augustine to
Sarasota, from Seaside to Miami Beach and for various communities through-out Florida.
302
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
13
Uyen Dang, PE,Principal at DDEC and Co-Founder of the Mobility Cohort, has over 15
years of experience in mobility plans and mobility fees, transportation, streetscape,
and livable communities, and will serve as the Traffic Engineer. Mrs. Dang was the
City Traffic Engineer for the City of West Palm Beach and oversaw all transportation
elements including transformative projects such as the Clematis Street Streetscape
project and development review. She led the City’s adoption of its multimodal
transportation program including the Vision Zero program, smart parking technology
and the shared mobility program. In 2017, Uyen led planning efforts such as the WPB Mobility Study,
Downtown Parking Study, the Okeechobee Corridor Study, and the proposed ITC Mobility Hub. Mrs. Dang
has worked with NUE Urban Concepts and other members of the Mobility Cohort to develop mobility
plans and mobility fees for several local governments across Florida in the last three years. Mrs. Dang is a
Cityfi Affiliate, founding class of NACTO Leadership, chair of the Palm Beach Citizen Advisory Committee,
and a member of the MUTCD representing the NACTO delegation.
Mr. Robert G. Schiffer, AICP,the President of FuturePlan will lead future travel
demand modeling. Rob has over 36 years of experience in long range and strategic
transportation planning and travel demand modeling. Mr. Schiffer is a recognized
statewide and national expert in travel demand modeling and serves on multiple
Transportation Research Boards. He is currently working on integrating big data and
travel pattern data from cell phones (StreetLight) into travel demand modeling,
mobility plans, and mobility fees. Mr. Schiffer has worked with NUE Urban Concepts and the Mobility
Cohort for several years on the development of mobility plans and mobility fees throughout Florida. Mr.
Schiffer is an experienced staff mentor, project manager, and marketing leader with a diverse background
in all areas of transportation planning. His experience encompasses travel demand models and planning
studies for national, statewide, regional, municipal, subarea, and rural jurisdictions.
Lauren Rushing, Project Manager & Principal Planner with NUE Urban Concepts, will
serve as Principal Planner and Project Coordinator and will lead Geographic
Information System (GIS). Ms. Rushing has more than seven (7) years of experience
in strategic transportation planning, bicycle and pedestrian planning, growth
management, traffic impact analysis, developments of regional impact, impact fees,
and transportation advocacy both in the United States and in the Netherlands.Driven
by an interest in active transportation and particularly bicycle culture, Ms. Rushing
spent three years living and working as a transportation advisor in Amsterdam where
she contributed GIS, data analysis, and design skills to strategic mobility projects across the Netherlands.
She now applies this experience and lessons learned abroad to mobility planning in the United States and
assists local governments in developing plans to improve multimodal mobility and quality of life in their
communities. Ms. Rushing has worked with NUE Urban Concepts for the past three years developing and
implementing mobility plans and mobility fees throughout Florida. Ms. Rushing holds a bachelor’s degree
in Environmental Science & Policy and a master’s degree in Urban and Regional Planning from Florida
State University. She serves as a board member of the First Coast Section of the American Planning
Association and Secretary of the Jacksonville Bicycle & Pedestrian Advisory Committee.
303
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
14
Margarita Yerastova,the President of the Republic of Design will lead graphic design
and serve as a Senior Planner. Margarita brings over 14 years of transportation
planning and graphic design experience. For the past seven years, she has worked
closely with NUE Urban Concepts and has assisted in the development of mobility
plans and mobility fees, public outreach and graphics. Mrs. Yerastova excels in
illustrating proposed multimodal improvements and developing before and after
renderings and aerial perspectives of improvements, both of which are effective tools in public
engagement. Previously, Mrs. Yerastova worked for the City of Delray Beach as the Bicycle and Pedestrian
Mobility Coordinator where she Managed transportation projects such as Complete Streets, bikeshare,
Vision Zero, bicycle and pedestrian master planning, and the ADA Implementation Study. Mrs. Yerastova
brings recent experience developing and implementing creative improvements for people walking,
bicycling, and accessing transit in Amsterdam and communities throughout Northern Europe.
Resumes for the Mobility Cohort Team are provided at the end of this section.
PROJECT EXPERIENCE
The Mobility Cohort members have completed numerous projects together in the last three (3) years
related to mobility plans, mobility fees, transportation mitigation, and alternative transportation
concurrency systems. The following is a list of current and selected past related projects, along with the
status of the project, the project ID for more detailed descriptions, a general project description, and the
role of each Mobility Cohort member in the project:
Current & Select Prior Projects INVOLVEMENT
(P=Prime, S=Sub)
Status ID Projects Description JP UD RS LR MY
Ordinance 1 Alachua County: Mobility Plan & Alternative
Mobility Funding System P S S P S
Ordinance Oviedo: CPA, Mobility Plan & Mobility Fee P S S P S
Plan & Fee 2 Palm Beach Gardens: Mobility Plan & Mobility
Fee Update; CPA, Mobility Plan & Fee (2019)P S S P S
Ordinance 3 Okaloosa County: Mobility Plan & Fee P S S P S
Plan & Fee Longwood: Mobility Plan & Mobility Fee P S S P S
Ordinance Indiantown: Mobility Plan & Mobility Fee P S S P S
Plan & Fee DeBary: Mobility Plan & Mobility Fee Update;
CPA, Mobility Plan & Fee (2019)P S S P S
Adopted 4 Lake Park: CPA, Mobility Plan & Fee (2023)P S S P S
304
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
15
Current & Prior Projects INVOLVEMENT
(P=Prime, S=Sub)
Status ID Projects Description JP UD RS LR MY
Adopted 5 Port St. Lucie: Mobility Plan (2023) & Mobility Fee
Update (2022); Mobility Plan & Fee (2021) P S S P S
Adopted 6 Lake Wales: CPA, Mobility Plan & Multimodal
Impact Fee (2022)P S S S S
Adopted 7 Sarasota: Mobility Plan & Fee Update (2022);
Mobility Plan & Fee (2015)P S P S
Adopted 8 St. Augustine: Mobility Plan & Mobility Fee (2021)P S S P S
Ordinance Boynton Beach: Mobility Plan & Fee P S S P S
Adopted Wellington: Mobility Plan & Multimodal Impact Fee S S S S
Ordinance Bradenton: Mobility Plan & Fee P S P S
Adopted 9 Altamonte Springs: Mobility Plan & Fee Update
(2020); Mobility Plan & Fee (2015)P S S S
Ordinance 10 Walton Co: Mobility Plan & Mobility Fee P S S S
Adopted West Palm Beach: Mobility Plan & Fee S P S
Adopted Miami Beach: Plan and Mobility Fee S
ADDITIONAL MOBILITY PROJECTS ONGOING
Ongoing Altamonte Springs Comprehensive Plan Amendment P S S P S
Ongoing Port St. Lucie Comprehensive Plan Amendment P P S
Ongoing St. Augustine: St. George Multimodal Area Study S P S S
Ongoing Cape Corral: Downtown Parking Master Plan S P S
JP Jonathan B. Paul, AICP - Project Manager (NUE Urban Concepts, LLC)
UD Uyen Dang, PE - Traffic Engineer (DDEC, LLC)
RS Robert Schiffer, AICP - Travel Demand Modeling (Future Plan Consulting, LLC)
LR Lauren Rushing - GIS Lead & Project Coordinator (NUE Urban Concepts, LLC)
MY Margarita Yerastova - Graphics & Senior Planner (Republic of Design)
The update of the Palm Beach Gardens Mobility Plan and Mobility Fee, and the Okaloosa and
Walton County Mobility Plan and Fee implementation will be the large mobility projects for the
Cohort after October 1st, 2023. The projects listed with an ordinance under status are projected
to be adopted on or before October 1st, 2023. The Mobility Cohort has been preparing for the
possibility of an RFP / RFQ for the City of Gainesville Mobility Study in the fall of 2023. Project
descriptions and references are provided on the following pages:
305
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
16
1. Alachua County, FL: Alternative Mobility Funding System Update, Mobility Plan & Multimodal
Transportation Mitigation (MMTM)
The Mobility Cohort is currently working with Alachua County to update its Alternative Mobility Funding
System. The existing Transportation Impact Fee was developed, in conjunction with Dr. James Nicholas,
by Jonathan B. Paul in 2006 as Impact Fee and Concurrency Manager with Alachua County. At the time,
the fees were consumption-based impact fees.
The Transportation Impact Fee had been
updated several times until it was replaced
by the current Multimodal Transportation
Mitigation (MMTM) System, an alternative
to mobility fees, proportionate share, and
impact fees. The current update is moving
towards conversion to a Mobility Fee. The
Mobility Plan projects, including transit
service, have been updated with recent cost
and capacity data. The Mobility Fee will
replace the MMTM system for all new
developments that do not currently have an
MMTM agreement with the County.
The original Mobility Plan included establishing new goals, objectives, policies, level of service standards,
and multimodal projects into the Future Land Use, Transportation and Capital Improvement Elements of
the Comprehensive Plan. The Mobility Plan introduced overlays for both Traditional Neighborhood
Developments (TNDs) and Transit-Oriented Developments (TODs) to be designed in accordance with the
Land Development Code standards and designs developed as part of the Mobility Plan.
The Mobility Fee will feature an East Assessment Area with lower Mobility Fees due to fewer road capacity
needs and a West Assessment Area with higher Mobility Fees due to greater road capacity needs. There
will be three (3) Mobility Fee Benefit Districts where fees collected will be expended on multimodal
projects in the Mobility Plan. The Mobility Fee schedule has also been streamlined from the current
schedule of land uses based on the latest market trends and similar travel characteristics.
Total budget: $150,000 with a $10,000 cap for additional services.
Client: Alachua County Growth Management Department
Project Manager: Chris Dawson, AICP, Transportation Planning Manager
Address: 10 SW 2nd Avenue, Gainesville, FL 32608
Email: cdawson@alachuacounty.us
Number: 352-374-5249
306
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
17
2. Palm Beach Gardens, FL: Mobility Plan & Mobility Fee Update, Evaluation & Appraisal Report (EAR),
Concurrency Management System Update & Comprehensive Plan Amendment
The Mobility Cohort worked closely with City Staff to develop its Mobility Plan and Mobility Fee. The first
step was assisting the City with the Evaluation and Appraisal Report (EAR) process and the development
of updates to the Future Land Use, Transportation, and Capital Improvement Elements of the
Comprehensive Plan. The updates included establishing legislative intent in the Comprehensive Plan for a
mobility fee, based upon an adopted mobility plan. The intent of the mobility fee is to replace
transportation concurrency and both Palm Beach County’s and the City’s road impact fees. The Mobility
Plan is designed around providing mobility to and from the future Tri-Rail Coastal Transit Station and
interconnecting mixed-use developments, employment centers, regional recreation destinations and the
City’s Government Center. Multimodal quality of service (QOS) standards for walking, bicycling, trails and
transit wereestablished in the plan to guide the design of future improvements. The plan also transitioned
away from a segment-based roadway level of service (LOS) to an areawide road LOS.
The Mobility Plan emphasizes vastly expanding the City’s Parkway System through the creation of highly
visible, safe, convenient, and continuous multimodal trails throughout the City with streetscape and
landscape elements. The integration of bike lanes and cycle tracks (aka protected bike lanes), both with
highly visible green pavement markings with current bike facilities on State Roads, is being accomplished
by repurposing existing travel lane widths. A total of four trolley circulator routes have been established
emanating from the Tri-Rail Coastal station and connecting with future Mobility Hubs within major
destinations. The Mobility Plan also includes the identification of numerous intersection improvements
and pedestrian crosswalk enhancements coordinated with the City’s Public Works, Police, and Fire Rescue
Departments. The Cohort also developed polices for Complete Streets, Mobility Hubs, future
transportation technology, land use overlays, and innovative parking strategies.
307
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
18
The City Mobility Fee replacedCity and County transportation concurrency, proportionate share,and road
impact fees. The mobility fee includes a single assessment area and benefit district for all areas of the City
east of the Beeline Highway. The areas of the City west of the Beeline Highway are still subject to City and
County transportation concurrency, proportionate share, and road impact fees. Palm Beach County has
challenged the City’s ability to opt-out of the County’s road impact fee and transportation concurrency
system, due to the County Charter. The Mobility Plan and Mobility Fee were adopted in 2019. The City
and County are currently still going through the legal process.
In 2020, the Cohort worked with the City to amend its Comprehensive Plan to implement the Mobility
Plan and Mobility Fee. The amendment also revised goals, objectives, and policies related to
transportation concurrency, proportionate share, and road impact fees. The City’s Land Development
Code was also amended to revise transportation concurrency standards and to update its traffic impact
analysis requirements to transition to site access assessments and implementation of the Mobility Plan.
The Mobility Cohort is now working with
the City to update its Mobility Plan and
Mobility Fee which are being considered
for Citywide expansion. Citywide
expansion would replace the current City
road impact fee still being collected in
western parts of the City. The updated
Mobility Plan and Mobility Fee are
utilizing big data (aka StreetLight) to
evaluate origin and destination travel
within the City, travel to and from
adjacent municipalities, travel within the
County’s Road Impact Fee benefit district,
and travel to the greater region. The
update also includes collection of new traffic counts, citywide inventory of multimodal facilities, and
evaluating the retrofit of local streets to add sidewalks through a low-speed street traffic calming
program.
Original Adoption budget: $400,000 (2016 to 2020)
Impact Fee Update budget: $171,000
Mobility Plan & Fee Update budget: $299,000
Client: City of Palm Beach Gardens Planning and Zoning
Department
Project Manager: Natalie Crowley, AICP
Address: 10500 N. Military Trail, Palm Beach Gardens, FL
33410
Email: NCrowley@pbgfl.com
Number: (561) 799-4243
308
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
19
3. Okaloosa County, FL: Mobility Plan, Mobility Fee, Comprehensive Plan (CP) & Land Development
Regulations (LDR) Update
The Mobility Cohort has developed a mobility plan for
Okaloosa County that includes County and State Roads.
Existing transportation plans such as the Okaloosa-Walton
TPO 2045 Long Range Transportation Plan, the Okaloosa
County infrastructure surtax project list, and municipal CIPs
have been evaluated. Coordination meetings have been held
with the municipalities to gauge interest in being part of the
County’s alternative mobility funding system. A detailed
review of future travel demand was conducted using the
latest Regional Travel Demand Model developed for FDOT
District 3.
Existing traffic and travel characteristic data were collected
and the County was divided into two zones. A detailed
areawide road LOS analysis was conducted for each zone.
The analysis included existing conditions and future
conditions based on model calculated growth rates for each
zone. Detailed GIS maps are being developed for the
areawide LOS zones, assessment areas, benefit districts, and
mobility plan corridors and intersections. A detailed traffic database, linked to GIS, is being developed to
combine numerous data sources, and provide a centralized place for existing and future traffic, number
of lanes, functional class, road ownership, speed limits, multimodal facilities, LOS, and QOS analysis. In
addition to areawide LOS analysis, street QOS for local roads, and multimodal QOS standards are also
being developed for multimodal travel. An in-depth review of funding sources has been undertaking
including state and federal funding, tourism taxes, and the existing infrastructure surtax.
A review of Alternative Mobility Funding Systems was conducted. It was determined that a mobility fee is
the direction in which the County wishes to proceed to replace transportation concurrency and
proportionate share. The mobility fee will be similar in scale to the existing proportionate share mitigation.
An amendment to the Comprehensive Plan and LDRs will be undertaken to add mobility plan projects and
update the functional class and thoroughfare plan maps and replace transportation concurrency and
proportionate share with mobility fees.
Total budget: $525,000
Client: Okaloosa County, Engineering Division
Project Manager: Scott Bitterman, P.E., County Engineer
Address: 1759 S Ferdon Blvd., Crestview, FL 32536
Email: sbitterman@myokaloosa.com
Number: 850-689-5772
309
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
20
4. Town of Lake Park, FL: Mobility Plan, Mobility Fee, Comprehensive Plan (CP)
The Mobility Cohort updated the Transportation and Capital Improvement Elements of the Town's
Comprehensive Plan, including updated data, analysis, and mapping. The Mobility Cohort developed a
detailed Mobility Plan based on the review of the 2045 TPA LRTP, other existing transportation plans,
an evaluation of existing traffic and travel characteristics, and projected future travel demand using
the Activity Based SE Florida Regional Travel Demand Model. An extensive select zone analysis was also
conducted to evaluate trip interaction between zones in the Town, County, and adjacent municipalities
and Counties. StreetLight Model Data is being used to evaluate external impact for negotiations with
Palm Beach County. Daily traffic counts were collected for major local roads, collectors, and minor
arterials to establish a solid existing conditions baseline and project future growth.
There is no central source
for traffic and multimodal
data for the Town, thus
existing traffic and travel
characteristics data and
multimodal data was
used to develop a
detailed traffic database
connected to GIS. The
data was used to conduct
an areawide LOS analysis,
street QOS analysis, and
multimodal QOS for
people walking, bicycling, riding micromobility devices and transit. An in-depth review of funding
sources was evaluated including state and federal funding, tourism taxes, CRA funds, and the existing
infrastructure sales tax. The mobility plan includes improvements to County roads, multimodal safety
enhancements to State roads, and retrofitting Town infrastructure into multimodal Complete Streets.
The Town chose to pursue a Mobility Fee as an Alternative Mobility Funding System to replace
transportation concurrency, proportionate share, and road impact fees. The Mobility Fee is based on
the multimodal improvements identified in the mobility plan. The Mobility Plan & Fee was adopted in
January 2023.
Total budget: $225,000
Client: Town of Lake Park Community Development Department
Project Manager: Nadia Di Tommaso, FRA-RP, LEED Green Associate, Community
Development Director
Address: 535 Park Avenue, Lake Park, FL 33403
Email: NDiTommaso@lakeparkflorida.gov
Number: 561-881-3323
310
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
21
5. City of Port St. Lucie, FL: Mobility Plan, Mobility Fee, Comprehensive Plan (CP) & Land Development
Regulations (LDR) Update, Mobility Fee Administration
Mobility Cohort members developed a Phase One Mobility Plan and Mobility Fee in 2021 and a Phase
Two Mobility Plan and Mobility Fee in 2022 for the City as an Alternative Mobility Funding System. A
detailed review of future travel demand was conducted using the Treasure Coast Regional Travel
Demand Model. An extensive select zone analysis was conducted to evaluate trip interaction between
zones in the City, County, and adjacent municipalities and Counties.
Existing traffic and travel characteristic data were collected and a detailed areawide road LOS analysis
was conducted. The analysis included existing conditions and future conditions. Detailed GIS maps
were developed for the areawide LOS zones, model select zones, two assessment areas, five benefit
districts, and mobility plan corridors and intersections. A detailed traffic database was developed to
combine numerous data sources and provide a centralized place for existing and future traffic and
multimodal characteristics. In addition to areawide LOS analysis, street QOS standards and multimodal
QOS standards were also developed. An in-depth review of funding sources was evaluated.
The Phase One Mobility Plan and
Mobility Fee was developed to
replace the County's road impact
fee. The mobility fee went into
effect October 2021 and required
significant coordination with DRI's
and developments with ongoing
road impact fee credit and
proportionate share payments. In
2022,City and County settled a year-
long mediationover collection of the
County’s road impact fee which
required signification travel demand
modeling and LOS analysis. This
resulted in the City agreeing to collect 25% of the County road impact fee. The Phase 2 Mobility Plan
and Mobility Fee was developed to remove County roads and is based on detailed road, intersection,
and multimodal improvements. Streetlight Model Data wasused to establish three (3) different varying
assessment areas. Ongoing day-to-day mobility fee administration services and an update to the
Comprehensive Plan are being provided. The final 2045 Mobility Plan was adopted in July 2023.
Total budget: $850,000
Client: City of Port St. Lucie Planning & Zoning
Project Manager: Teresa Lamar-Sarno, AICP, Deputy City Manager
Address: 121 SW Port St. Lucie Blvd., Port St. Lucie, FL 34984
Email: tsarno@cityofpsl.com
Number: 727-873-6379
311
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
22
6. City of Lake Wales, FL: Comprehensive Plan Amendment, Mobility Plan, & Multimodal
Transportation Impact Fee
Mobility Cohort members worked closely with the City of Lake Wales to update its Comprehensive Plan,
develop a Mobility Plan and a Multimodal Transportation Impact Fee (MMTIF). The Comprehensive Plan
amendment established legislative intent to develop a mobility plan and a MMTIF that may replace
transportation concurrency, proportionate share, and all or a portion of Polk County’s road impact fee.
The Mobility Plan includes projects addressing future mobility needs for the residents, businesses, and
visitors to Lake Wales. The Mobility Plan emphasizes expanding on Lake Wales Connected by closing gaps
in the existing street grid and retrofitting existing streets to add sidewalks, shared-use paths, and low
speed streets to promote traffic calming in existing neighborhoods.For future undeveloped areas of Lake
Wales and adjacent areas that may be annexed in the future, the Mobility Plan emphasizes new streets
designed to connect to and expand the existing street network and features Complete Street elements
such as shared-use paths, multi-use trails, and divided medians that can be landscaped and create a
Boulevard feel along these new corridors.
Polk County is a Charter County and requires that
municipalities collect the County’s road impact
fee. Lake Wales strongly considered adopting a
mobility fee to replace the County’s road impact
fee with the allowances under Florida Statute.
The Plan also identifies the need for the widening
of several major County Roads and State Roads.
Given the number of County Roads to be
widened, the City elected to keep its
transportation concurrency and proportionate
share systems and to adopt a multimodal
transportation impact fee to be charged in
addition to the County Impact Fee. The City has already started to receive economic development grants
based on projects identified in the Mobility plan and is in discussions with the County and FDOT on
advancing several priority mobility projects. The City of Lake Wales received an Award of Excellence from
the Heart of Florida Section of the Florida American Planning Association for its Mobility Plan and
Multimodal Transportation Impact Fee.
Total budget: $153,500
Client: City of Lake Wales Development Services Department
Project Manager: Autumn Cochella, AICP
Address: 201 Central Ave West, Lake City, FL
Email: ACochella@lakewalesfl.gov
Number: 863-678-4182
312
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
23
7. Sarasota County, FL: Mobility Plan & Mobility Fee Update
Mobility Cohort members worked with
Sarasota County to update its Mobility Plan and
Mobility Fee in 2022. The update included new
land uses, updated trip generation, updated
travel demand modeling, updated projected
funding, and updates to the multimodal
projects in the Mobility Plan.
In 2019, an update of the Mobility Plan and Fee
had begun and was ready for adoption in 2020.
The effort was delayed more than a year due to
Covid-19 and during that time, the 2045 Long
Range Transportation Plan was updated, so the
Plan and Fee were redone to reflect the updated model and revenue projections. The updated Mobility
Fee includes three different assessment areas within the County where fees vary based on location and
the need for improvements. Each assessment area also includes another set of lower mobility fees for
developments designated as mixed-use.
NUE Urban Concepts (NUC) has provided continuous planning, transportation, and impact / mobility fees
services for Sarasota County over the past eleven (11) years. The first three years, the Principal of NUC
served as the Interim Transportation Planning Director / Consultant and the last eight years as a
continuous service consultant. Over the eight- year period NUC has played a lead role in review of DRIs,
negotiating Developer Agreements, updating the Road Impact Fee and Road Level of Service Report,
administering, implementing, and updating the County’s impact fee programs and transportation
concurrency program, assisting with the EAR, and updating the Comprehensive Plan. An Administrative
Manual covering all impact fees and mobility fees was also developed.
The original Mobility Fee (adopted in 2015) was intended to replace transportation concurrency,
proportionate share, road impact fees, and site impact analysis. Alternative mobility access assessment
criteria were developed to replace the transportation concurrency system. In addition, criteria were also
established for Comprehensive Plan Amendments that required an evaluation of the Mobility Plan and
the identification of new projects to be added to the Mobility plan to address impacts from Amendments.
Budget: $75,000 a year
Client: Sarasota County Planning and Development Service Department
Project Manager: Thomas Polk, Impact Fee Administrator
Address: 1001 Sarasota Center Boulevard, Sarasota, FL 34240
Email: tpolk@scgov.net
Number: 941-650-7869
313
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
24
8. St. Augustine, FL: Comprehensive Plan Amendment (CPA), Evaluation & Appraisal Report (EAR),
Mobility Plan, Mobility Fee, Land Development Regulations (LDR) Update
The Mobility Cohort updated the Transportation (TE) and Capital Improvement Elements of the
Comprehensive Plan through the Evaluation and Appraisal Report (EAR) process. The TE was renamed to
the Transportation Mobility Element (TME) and included a complete rewrite and update of data, maps,
road classifications and integration of the mobility plan as the future thoroughfare plan. The analysis
included an evaluation of existing traffic and travel characteristics for the City. The transportation element
replaced road LOS standards with street quality of service (QOS) standards based on posted speed limits,
the first known complete replacement of road LOS in Florida. Multimodal QOS standards were also
developed for people walking, bicycling, riding micromobility devices and transit. The Comprehensive Plan
Amendment included dynamic parking strategies, complete street designs, access management,
connectivity and proactive policies requiring utility upgrades, resurfacing projects, and any work within
street rights-of-way be coordinated with the Mobility Plan.
A detailed review of future travel demand was conducted using the Regional Travel Demand Model
developed for FDOT District 2. Existing transportation plans from the TPO, County, and City were
evaluated. The mobility plan includes multimodal ways, trails, shared streets, complete streets, a
riverwalk, water taxi locations and three major roadway projects. Autonomous transit shuttles, along with
trolleys, golf carts and neighborhood electric vehicles and micromobility devices will be able to use the
multimodal ways. The mobility plan also includes commuter rail connecting St. Augustine with
Jacksonville, that has resulted in the commuter rail project being incorporated into the 2045 Northeast
Florida Cost Feasible LRTP with a target date of 2030. The mobility plan identifies mobility hubs along the
periphery of the City to create a park once environment.
314
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
25
A primary goal of the Mobility Plan is to create a
park once environment where visitors to St.
Augustine park on the periphery of the historic
districts and utilize some form of multimodal
transportation to travel between mobility hub
parking garages and destinations within the
historic district. These modes of travel could
include trolley’s transit circulators,
neighborhood electric vehicles, bikes, e-bikes,
and e-scooters. There are limited opportunities
to add road capacity within the City. There are
opportunities to reimagine existing roads such as
San Marco Avenue and King Street and
repurpose right-of-way to provide wider
sidewalks, protected bike lanes, trails, or
multimodal ways.
An in-depth evaluation of available funding
included state and federal funds, tourism taxes,
parking revenues from garages, CRA funds, and
special assessments were evaluated. A Mobility
Fee was developed based on the multimodal projects identified in the Mobility Plan. The City Mobility Fee
replacedthe City’sTransportation Concurrency Exception Area (TCEA). The Mobility Fee is the first impact
fee or mobility fee adopted by the City and has already generated significant funding for improvements.
In August of 2020, the City was awarded $15 million in federal and state funding to implement Mobility
Plan improvements. Several multimodal improvements have been included for funding in the 2045 Long
Range Transportation Plan. The City has entered into a public private partnership for a mobility hub garage
on West King Street that would also serve as a transit station for future rail service from Jacksonville. Last
year the City of St. Augustine’s received a Regional Award for Excellence from the Northeast Florida
Regional Council for its mobility plan and mobility fee. The NUE Urban Concepts team is currently working
with the City to update its Land Development Code parking regulations. A recently conducted survey
resulted in over 1,900 responses. Our team is also preparing an update to existing franchise agreements
for trolley and golf cart tour operators and implementation of Mobility Plan improvements along the St.
George Street corridor.
Total budget: $275,000
Client: City of St. Augustine Public Works Department
Project Manager: Reuben C. Franklin Jr., P.E., Public Works Director
Address: 75 King St., St. Augustine, FL 32084
Email: rfranklin@citystaug.com
Number: 904-209-4279
315
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
26
9. Altamonte Springs, FL: Mobility Plan & Mobility Fee Update
The Mobility Cohort (Cohort) developed an update to the City of Altamonte Springs' Mobility Plan and
Mobility Fee. The update included development of a new mobility plan that replaced the prior plan
developed in 2009. The updated plan was based on a review of the 2045 LRTP, the Seminole County 2040
Transportation Plan, the Lynx Transit Development Plan, and the City's 2030 Mobility Plan. Updated traffic
and travel characteristics data was compiled, and existing conditions were evaluated, along with future
year volumes based on the growth rates from the Regional Planning Model. County road projects were
added to the mobility plan to address a six-year dispute between the City and Seminole County related to
mobility and road impact fees. The mobility fee included a percentage share of the cost of County
Improvements. The Mobility Plan and Fee were adopted in the fall of 2020.
The Mobility Cohort worked the City to
develop the original Mobility Fee in 2015. The
Cohort establish a Mobility Solutions Report
(previously traffic impact analysis), to update
relevant policies in City Plan 2030
(Comprehensive Plan) and update the Land
Development Code. The Cohort worked closely
with City Staff to develop the Mobility Fee
based on the adopted Mobility Plan. The
Mobility Fee provided the City with the
flexibility to fund sidewalk, bike lanes, multi-
use paths, intersections, trails, transit facilities,
a transit circulator system, ride hailing
subsidies, bike and car share programs, and roadway capacity projects. The City Plan Elements and Land
Development Code were updated to incorporate mobility strategies and replaced transportation
concurrency and proportionate-share policies. The Mobility Solutions Analysis requirements were
developed to replace traditional Traffic Impact Analysis and focus on multimodal access improvements
such as filling in gaps in the network, providing for transit stops and bicycle racks.
Original Adoption budget: $100,000
Mobility Plan & Fee Update budget: $75,000
Impact Fee Update budget: $53,500
Client: City of Altamonte Springs Growth Management
Department
Project Manager: Cathleen A. Craft, AICP, CNU-A
Address: 225 Newburyport Avenue, Altamonte Springs, FL
32701
Email: CACraft@altamonte.org
Number: 407-571-8161
316
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
27
10. Walton County, FL: Mobility Plan, Mobility Fee, Concurrency Management System Update &
Micromobility Ordinance
The Mobility Cohort worked with the County to develop a Mobility Plan that was adopted in 2021 and
incorporated into the 2045 LRTP. The Mobility Plan includes multimodal facilities that could accommodate
micromobility devices such as e-scooters and e-bikes, along with microtransit devices such as golf carts,
neighborhood electric vehicles, and autonomous transit shuttles. The Mobility Plan laid the foundation to
develop a park once environment through mobility hubs and parking garages to enhance access to
beaches and mixed-use developments such as Seaside, Alys Beach and Rosemary Beach. The Mobility Plan
also includes the proposed widening of portions of US 98, SR 20, US 331, US 90, and alternatives to widen
either SR 85 or US 331 north of DeFuniak Springs. The mobility plan includes shared-use paths and multi-
use trails to develop a regional multimodal network and access management.
StreetLight data was used in the Mobility Plan for modeling local trips and travel from external points into
Walton County. The Regional Travel Demand model was also evaluated and was found to have significant
issues related to travel in South Walton. Our Team allocated a significant amount of time attempting to
fix the model because it was not permitted to use the updated 2045 model. A significant amount of time
was devoted to developing cross-sections and accounting for the impact of St. Joes development. The
Team also assisted the County in updating the CMS database. While the plan, data, analysis, and the fee
had momentum prior to the pandemic and several community workshops had been held to build
community support, the momentum shifted after the pandemic pause.
317
CITY OF GAINESVILLE
REQUEST FOR PROPOSALS (RFP) #MOBX-230063-DS
MOBILITY PLAN
28
The 30A corridor, which is home to Seaside, the birthplace of New Urbanism, and other iconic
developments such as Alys Beach and Rosemary Beach, was a major area of emphasis for the County. The
corridor carries a significant amount of traffic and is the primary east-west coastal roadway serving
beachside communities. Well over a hundred cross-sections were developed for the corridor to capture
all of the unique communities along 30A and the varying right-of-way widths. There are limited
multimodal alternatives and some portions of the ROW are as narrow as 55 feet, while others are over
100 feet in width. The portion of 30A through Seaside involved input from numerous groups attempting
to creatively accommodate vehicles, bicycle, golf carts, people walking, and potentially a transit circulator
or autonomous transit shuttle service.
A draft mobility fee was developed however, a few contentious corridors that addressed growth from St.
Joes, input from municipalities, the micromobility ordinance, the draft mobility fee, and the projected
cost of the plan resulted in a shift in direction. The County recognized that an infrastructure surtax is
ultimately needed to have adequate funds to construct needed multimodal projects. The emphasis shifted
to ensuring an approved plan was in place in time to include in the 2045 LRTP. The final Mobility Plan was
approved and integrated into the 2045 LRTP. The County sales tax did not get approved as residents
opposed the tax. In 2023, the County is planning to move forward with finalizing the Mobility Fee and
adopting a mobility fee ordinance by September 2023.
Total budget: $550,000
Client: Walton County Planning and Development
Project Manager: Kristen Shell, AICP
Address: 842 State Hwy 20 East Unit 110, Freeport, FL 32439
Email: SheKristen@co.walton.fl.us
Number: 850-267-1955
318
319
Tel: +1 833-NUC-8484
E-mail: nueurbanconcepts@gmail.com
Jonathan B. Paul, AICP
www.nueurbanconcepts.com
747 SW 2nd Ave, Suite 190
Gainesville, Florida
32601
Palm Coast, FL: Update of Transportation Impact Fee (2023 to Present)
Updating the City’s transportation impact fee. Conducted the transportation impact fee in 2018.
Alachua County, FL: Update of Impact Fees, Mobility Plan, Mobility Fee (2022 to Present)
mobility fee
City of Palm Beach Gardens, FL: Update of Impact Fees, Mobility Plan, Mobility Fee
(2022 to Present)
updating the mobility plan and mobility fee. Provided Continuous Planning Services since 2016
assisting with the Evaluation & Appraisal Report (EAR), Comprehensive Plan Amendments
(CPA), original Mobility Plan and Mobility Fee development and implementation, Land
City of Oviedo, FL: Update of Impact Fees, Mobility Plan & Mobility Fee (2021 to Present)
Developing a mobility plan and fee. Assisted with amendments to the Comprehensive Plan as
part of the Evaluation & Appraisal Report (EAR)
City of St. Augustine, FL: Mobility Plan and Fee, Professional Planning Services
(2019 to Present)
Evaluation & Appraisal Report (EAR), Comprehensive Plan Amendments (CPA), Mobility Plan
and Mobility Fee development and implementation, Land Development Code (LDC) updates for
parking and curb management
City of Port St. Lucie, FL: Mobility Plan and Mobility Fee, (2021 to Present)
Mobility Plan and Mobility Fee development and implementation, developer agreement review,
expert witness
Okaloosa County, FL: Comprehensive Plan Update, Mobility Plan & Mobility Fee
(2021 to Present)
Developing a mobility plan and mobility fee, updating applicable Comprehensive Plan Elements
MA Public Administration
University of South Florida (2002)
MA Urban & Regional Planning
University of Florida (2000)
BA History
University of South Florida (1997)
BS Social Science
Florida State University (1995)
Group 13 Planning:
Work Type 13.4: Systems Planning
Work Type 13.5: Subarea / Corridor Planning
Work Type 13.6: Land Planning / Engineering
No. 017909
American Planning Association
Congress for New Urbanism
Past Chairman - Celebration Pointe CDD No. 1
Institute of Transportation Engineers
Jonathan has 25 years of experience in land use and transportation mobility planning, parking
Concepts to work with local governments to develop innovative land use concepts, mobility
plans and parking management strategies, reimagine existing transportation networks and
repurpose right-of-way to support all modes of travel through complete and shared street
design, and establish creative techniques, like mobility fees, to fund mobility and accessibility
improvements. Jonathan worked as a Principal Planner with Hillsborough County focusing
on comprehensive planning, transportation, concurrency and impact fees. He worked for
several years as the Concurrency & Impact Fee Manager for Alachua County, where he led a
substantial update of the Comprehensive Plan as part of Alachua County’s Mobility Plan, the
1st Mobility Plan and Mobility Fee adopted in Florida. Mr. Paul was the Interim Transportation
Planning Director for Sarasota County leading concurrency, transportation planning, impact
fee administration, and assisting with comprehensive plan amendments. He has served as
an adjunct professor at the University of Florida and has served on numerous land use and
transportation technical review committees.
“Mobility Fees” Chapter
Proportionate Share Impact Fees and Development Mitigation APA (2023)
APA Planning Journal (2018)
APA Planning Journal (2016)
Florida Planning (2010)
Jonathan B. Paul, AICP
Principal, NUE Urban Concepts, LLC
25Public, Private, University
NUE Urban Concepts, LLC
Impact & Mobility Fee Manager
Concurrency & Transportation
Planning Manager
FDOT Level of Service (LOS) Task Force
(Local Government Representative)
Interim Transportation Planning Director
MPO Experience as Staff & TAC
Development Plan & Impact Review
12
10
10
10
3
15
20
320
• Mobility Fee, & Impact Fee Reports, Studies, Updates, Implementation & Administration Evaluation & Appraisal Reports
(EAR) & Comprehensive Plan Amendments (CPAs)
• Transportation Master Plans, Mobility Plans, Vision Zero Plans, Bicycle & Pedestrian Master Plans
• Design of Complete & Shared Streets, Dedicated Transit Lanes, Micromobility Lanes, Protected Bike Lanes
• Areawide, Districtwide, and Facility Level of Service and Multimodal Quality of Service Analysis & Standards
• Land Development Code Updates, Rezoning, Master Planning, Site and Development Plan Review
•
• Planning & Implementation of Shared Mobility, Micromobility, Microtransit, Mobility Hub, TOD, & TrOD
• Parking Studies, Parking & Curbside Management, Innovative Parking Management Strategies
City of Boynton Beach, FL: Comprehensive Plan Update, Mobility Plan & Mobility Fee (2021 to Present)
Developed Complete Streets Mobility Plan, developing a mobility fee, preparing CPA and LDC update
Village of Indiantown, FL: Comprehensive Plan Update, Mobility Plan & Mobility Fee (2022 to Present)
Developing a mobility plan and mobility fee, updating Comprehensive Plan Elements
City of Longwood, FL: Mobility Plan & Mobility Fee (2022 to Present)
Developing a mobility plan and mobility fee
Sarasota County, FL: Impact Fee, Mobility Plan & Fee Update, Planning Services (2015 to 2022)
updated mobility plan and fee (2022). Assisted with EAR, CPA and LDC amendments, DRI, development agreement and plan
Town of Lake Park, FL: Comprehensive Plan Update, Mobility Plan & Mobility Fee (2021 to 2022)
Developed a mobility plan and mobility fee, updated Comprehensive Plan Elements
Walton County, FL: Continuous Professional Planning Services (2019 to 2022)
Developed a Mobility Plan, updated concurrency management system, conducted parking study, developed a micromobility
program, prepared a mobility fee technical report and ordinance
Celebration Pointe Transit Oriented Development (TOD): Gainesville, FL: (2012 to 2022)
Served as the lead land use, transportation, and parking planner securing development entitlements, prepared multiple CPAs,
City of Altamonte Springs, FL: Impact Fee, Mobility Plan & Fee Update, Planning Services (2015 to 2022)
Updated park and recreation, police, and library impact fees. Developed the original mobility plan and fee (2015) and updated
City of Bradenton, FL: Continuous Professional Planning Services (2019 to 2022)
Updated land development regulations, developed a mobility plan and fee, along with a micromobility program
City of Lake Wales, FL: Comprehensive Plan, Mobility Plan & Multimodal Impact Fee (2021 to 2022)
Developed a mobility plan and multimodal transportation impact fee, updated Comprehensive Plan Elements
City of West Palm Beach, FL: Continuous Professional Planning Services (2016 to 2021)
Developed a mobility plan and mobility fee, prepared CPA, developed micromobility program, LDC update to amend concurrency
and develop dynamic parking management strategies
Village of Wellignton, FL: Capital Improvements Update & Multimodal Impact Fee (2021 to 2022)
Assisted with update of multimodal capital improvements and updated the previous transportation impact fee to a multimodal
transportation impact fee
City of DeBary, FL: Mobility Plan & Fee Update, Planning Services (2018 to 2020)
Developed a mobility plan and mobility fee, assisted with CPA and LDC amendments
City of Doral, FL: Park & Recreation Impact Fee Update (2020)
Updated the City’s park and recreation impact fee.
City of Bunnell, FL: Park & Recreation, Police and Transportation Impact Fee Update (2020)
Updated the City’s park and recreation, police, and transportation impact fee.
City of Miami Beach, FL: Transportation Master Plan and Mobility Fee (2018 to 2020)
Assisted with update to the City’s Transportation Master Plan and developed a mobility fee to replace concurrency.
321
Tel: +1 813-380-6574
E-mail: uyen@ddec.com
Uyen Dang, PE
www.ddec.com
Tamarac, Florida
33309
• City of West Palm Beach Mobility Plan (Completed 2018)
• City of West Palm Beach Transit Expansion Plan (Completed 201 8)
• City of West Palm Beach Parking TDM Plan (Completed 201 8)
• City of West Palm Beach Bicycle Masterplan (Completed 201 8)
• City of Saint Augustine Mobility Plan and Fee (Completed 2021)
• City of Atlantic Beach Complete Street Corridor Plan (Completed 2021)
• Town of Lake Park Mobility Plan and Fee (Completed Tactical Urbanism 2022)
• Town of Orange Park Complete Street Planning (Completed 2022)
• West Palm Beach CRA Grant Services (Completed 2022)
• City of Port Saint Lucie Mobility Plan (On Going)
• City of Longwood Mobility Plan and Fee (On Going)
• City of West Palm Beach Grant Services (On Going)
• Martin County CRA Planning (On Going)
• City of Tamarac Multi modal Study (On Going)
• City of Cape Coral CRA Parking Study (On Going)
• City of Saint Augustine Mobility Pilot and Curb Management (On Going)
• City of West Palm Beach CRA Strategic Plan (Upcoming)
• West Palm Beach General Engineering Services (On Going)
• West Palm Beach Utilities General Engineering Services (On Going)
Civil Engineering
University of South Florida
• Pilot Projects Completed: 4
• Grants: 10+ and over $50 million secured
• Overhauled Parking Policy and Increased
Parking Rates
• More than 5 Multimodal/Mobility Studies
• Constructed more than 10 miles of bicycle
lanes as the Engineer of Record
• Developed concepts for Mobility Hubs
Florida PE LIC. #73944
Institute of Transportation Engineers
Uyen Dang is a professional engineer with over 18-year experience in transportation,
Palm Beach and oversaw all transportation elements including transformative projects such
as the Clematis Street Streetscape project and the Reimagine of Rosemary Square. She led in
the City’s adoption of the City’s multimodal transportation program including the WPB Bicycle
Masterplan, Vision Zero program, smart parking technology and the micromobility program.
efforts such as the WPB Mobility Study, Downtown Parking Study, the Okeechobee Corridor
Study, and the proposed ITC Mobility Hub. She provided leadership in securing over $50M
federal grants and established a transportation capital improvement program of over $150M of
roadway infrastructure improvements through the City’s Public Works Bond and the 1 % Sales
Tax Referendum. She is part of Leadership NACTO, serves as chair of the Palm Beach TPA
Citizen Advisory Committee, board member of the Palm Beach Transportation Disadvantaged
LCB, and a delegate of the NCUTCD.
• Leadership NACTO 2018
• NACTO National Standards Working Group
• Co-Founder of the Mobility Cohort
• Palm Beach TPA: Chair of the Palm Beach TPA Citizen Advisory Committee
• Palm Beach TPA: Vice Chair Board Member for Transportation Disadvantaged Local
Coordination Board
• NCUTCD Council Member: NACTO Delegation
• NCUTCD Markings Committee
• NCUTCD Technical Committee: Pedestrian and Advisory Bike Lane
UYen DANG, PE
Principal & Transportation Engineer
18Engineering
Grant Management
Project Management
Program Development & Policies
12
10
10
Transportation
Grant Writing/
Management
Policies & Compliance
Urban Design
Mobility Planning
Safety
322
Tel: +1 850-5708958
E-mail: robschiffer@futureplan.us
Robert G. Schiffer AICP
www.futureplan.us
1256 Walden Road
Tallahassee, FL 32317
City of Palm Beach Gardens, FL: Mobility Plan & Mobility Fee
2021 to Present
Subconsultant: travel demand modeling/forecasting, demographic estimates, and big
data origin-destination analysis for Mobility Plan and Mobility Fee development and
implementation
Sarasota County, FL: Mobility Plan & Mobility Fee
2021 to 2022
Subconsultant: travel demand modeling/forecasting and demographic estimates for Mobility
Plan and Mobility Fee development
City of Oviedo, FL: Mobility Plan & Mobility Fee
2021 to Present
Subconsultant: travel demand modeling/forecasting, demographic estimates, and big data
origin-destination analysis for Mobility Plan and Mobility Fee development
Okaloosa County, FL: Comprehensive Plan Update, Mobility Plan & Mobility Fee
2022 to Present
Subconsultant: travel demand modeling/forecasting, demographic estimates, and big data
origin-destination analysis for Mobility Plan and Mobility Fee development
City of Port St. Lucie, FL: Mobility Plan & Mobility Fee
2021 to Present
Subconsultant: travel demand modeling/forecasting, demographic estimates, and big data
origin-destination analysis for Mobility Plan and Mobility Fee development
Alachua County, FL: Mobility Plan, Mobility Fee, Update of Impact Fees
2023 to Present
Subconsultant: travel demand modeling/forecasting, demographic estimates, and big data
origin-destination analysis for Mobility Plan and Mobility Fee development
City of Boynton Beach, FL: Mobility Plan & Mobility Fee
2021 to Present
Subconsultant: travel demand modeling/forecasting, demographic estimates, and big data
origin-destination analysis for Mobility Plan and Mobility Fee development
Village of Indiantown, FL: Comprehensive Plan Update, Mobility Plan & Mobility Fee
2021 to Present
Subconsultant: travel demand modeling/forecasting, demographic estimates, and big data
origin-destination analysis for Mobility Plan and Mobility Fee development
MS Urban & Regional Planning
Florida State University (1984)
BS Geography & Urban Studies
Memphis State University (1982)
Group 13 Planning:
Work Type 13.4: Systems Planning
Work Type 13.5: Subarea / Corridor Planning
No. 040968 (since 1987)
American Planning Association
Institute of Transportation Engineers
Transportation Research Board
Mr. Schiffer has over 39 years of experience in all areas of transportation planning. He
specializes in travel demand modeling, long-range transportation plans, travel behavior and
corridor travel demand. He has held leadership roles and volunteer service positions for
the Transportation Research Board (TRB), the Institute of Transportation Engineers (ITE),
and the American Planning Association (APA). His experience encompasses transportation
planning studies in 28 states and commonwealths for national, statewide, regional, municipal,
subarea, and private sector clients. He has worked on 33 long-range transportation plans
for Metropolitan Transportation Organizations (MPOs); 32 subarea transportation plans;
more than 50 travel demand model updates; and numerous studies of travel patterns and
of Urban & Regional Planning at Florida State University.
Transportation Research Board (2012), Principal Investigator
Models”
Transportation Research Board (2010), Principal Investigator
Model”
Transportation Research Board (2008), Principal Investigator
Transportation Research Board (2005), Co-Author
Robert G. schiffer, AICP
President, FuturePlan Consulting, LLC
5+
2.5
1
12
16
2.5
FuturePlan Consulting, LLC
Stantec
Citilabs
Cambridge Systematics
PS&J (now Atkins)
Barr, Dunlop & Associates
(now Kimley Horn)
323
Town of Lake Park, FL: Mobility Plan & Mobility Fee
2021 to 2022
Subconsultant: travel demand modeling/forecasting, demographic estimates, and big data origin-destination analysis for
Mobility Plan and Mobility Fee development
City of Lake Wales, FL: Comprehensive Plan, Mobility Plan & Multimodal Impact Fee
2021 to 2022
Subconsultant: travel demand modeling/forecasting and demographic estimates for Mobility Plan and Multimodal
Transportation Impact Fee
Walton County, FL: Mobility Plan & Mobility Fee
2019 to 2022
Subconsultant: travel demand modeling/forecasting of multiple scenarios, demographic estimates, and big data origin-
destination analysis for Mobility Plan, micro-mobility program, mobility fee technical report and ordinance
City of Bradenton, FL: Mobility Plan & Mobility Fee
2018 to 2022
Subconsultant: travel demand modeling/forecasting and demographic estimates for Mobility Plan, Mobility Fee, and micro-
mobility program
City of Altamonte Springs, FL: Mobility Plan & Mobility Fee
2020 to 2022
Subconsultant: travel demand modeling/forecasting and demographic estimates for Mobility Plan and Fee Update
Pinellas County, FL: Starkey Road (CR 1) Corridor Study
2023 to Present
Subconsultant: subarea model validation, travel demand modeling/forecasting
City of Cape Coral, FL: Cape Coral Multi Modal Transportation Master Plan
2022 to Present
Subconsultant: travel demand modeling/forecasting, scenario planning, analysis of travel patterns
Henry County, GA: I-75 Commercial Vehicle Lanes (CVL) Impact Study
2022 to Present
Subconsultant: external/truck model application development, travel demand modeling/forecasting
Nationwide: FHWA Traveler Behavior & Census Transportation Planning Products Technical & Administrative Support
2022 to Present
administrative support for the CTPP program to FHWA Planning, and producing a CTPP newsletter 3 times per year
Montgomery, AL: Montgomery 2022-2027 Transit Development Plan Update
2022 to Present
Subconsultant: Onboard transit survey sampling plan, training, and analysis, demographic assessment, public workshop
St. Cloud, MN: St. Cloud Area Planning Organization Travel Demand Model Calibration/Validation/Update
2022 to 2023
Subconsultant Project Manager: review of household travel survey/analysis, travel demand model development, model
calibration, model validation, demographic assessment, integrating big data
Montgomery-Prattville-Wetumpka, AL: Montgomery MPO 2045 Long-Range Transportation Plan
2020 to 2022
Subconsultant: travel demand model development/validation/forecasting, demographic assessment, integrating big data,
recommending needed future transportation projects and evaluating project performance for prioritization
Fairhope-Daphne-Spanish Fort, AL: Eastern Shore MPO 2045 Long-Range Transportation Plan
2020 to 2022
Subconsultant: travel demand model development/validation/forecasting, socioeconomic data support, integrating big data,
recommending needed future transportation projects and evaluating project performance for prioritization
Huntsville, AL: Huntsville MPO Regional Commuter Study
2019 to 2021
Consultant Project Manager: 12-county travel pattern analysis using big data and information provided by Redstone Arsenal,
• Travel demand model development, validation, calibration, and forecasting
• Regional/MPO Long-range Transportation Plans
• Subarea Transportation Studies
• Travel behavior surveys, big data travel pattern analysis
• Freight studies and truck travel analysis
•324
Tel: +1 904 885 6378
E-mail: lauren@nueurbanconcepts.
com
Lauren Rushing
245 Riverside Ave, Suite 100
Jacksonville, FL
32202
Lauren is an urban planner with experience
in land use and mobility. Holding a
Bachelor’s degree in Environmental
Science and Policy and a Master’s degree
in Urban & Regional Planning her interests
lie in the relationship between spatial
development, mobility, and quality of life.
Through her work developing impact and
mobility fees, Lauren seeks to strengthen
this relationship to positively impact
in the communities she works in. For
the past two years, Lauren has worked
with NUE Urban Concepts to implement
and update mobility plans and mobility
fees and municipal impact fees for local
governments throughout the state of
Florida.
Lauren is proactive in her work and
combines strategic and practical insights
to reach a vision of livability.
Writing/Communications
Data & GIS Analysis
Florida State University (2013-2015)
Florida State University (2009-2013)
Impact Fees
Bike/Ped Design
Transportation Planning
Land Use Planning
Update to the City’s existing Mobility Plan & Mobility Fee, review and development of
existing and new developer mobility fee credit agreements, administrative manual for
assessing mobility fees, tasks regarding mobility fee implementation.
Land use and transportation/mobility planning services, data analysis and GIS for the
development of a Mobility Plan & Mobility Fee.
Project management, land use, and transportation/mobility planning services, data
analysis and GIS for the development of a Mobility Plan & Mobility Fee.
Land use and transportation/mobility planning services, data analysis and GIS for the
development of a Mobility Plan & Mobility Fee.
Land use and transportation/mobility planning services, data analysis and GIS for the
development of a Mobility Plan & Mobility Fee.
Land use and transportation/mobility planning services, data analysis and GIS for the
development of a Mobility Plan & Mobility Fee.
transportation mitigation system - an alternative to mobility fees.
mobility fees.
mobility fees.
Land use and transportation/mobility planning services, data analysis and GIS for the
development of a Mobility Plan & Mobility Fee.
Land use and transportation/mobility planning services, data analysis and GIS for the
development of a Mobility Plan & Mobility Fee.
Lauren Rushing
Project Manager / Principal Planner
• Board Member - American Planning Association (APA) First Coast Section (Present)
• Jacksonville Bicycle & Pedestrian Advisory Committee, Secretary (Present)
• Board Member - Young Professionals in Transportation NYC Metro Chapter (2021)
• Op-ed contributor to StreetsblogNYC
• ArcGIS /QGIS • Adobe InDesign, Illustrator
www.nueurbanconcepts.com
325
University of Amsterdam (2018)
University of Florida (2008)
600 S Dixie Highway, #717
West Palm Beach, FL
33401
Margarita has over 14 years of experience
private and public sectors. Margarita
currently works as a mobility advisor and
consultant providing services to urban
various cities and government agencies
throughout North America and Europe.
Her experience includes researching active
mobility cross-national policy transfer and
knowledge exchange with the University
of Amsterdam’s Urban Cycling Institute.
Previously, she worked for the City of Delray
Beach, Florida as their Bicycle Pedestrian
Mobility Coordinator where she was the
Program Manager for transportation
projects in the City such as Complete
Streets, bikeshare, Vision Zero, Bicycle
Pedestrian Master Planning, and the ADA
Implementation Study. She designed and
secured over $7m in grant funding for
bicycle network infrastructure projects.
Margarita is a frequent and impassioned
speaker on the roles that design and
innovation play in shaping our social/
spatial environments and how they can
affect the future of accessibility and equity
in our cities on a human scale.
Congress for New Urbanism
Institute of Transportation Engineers
American Planning Association
Strong Towns
Margarita Yerastova
Principal, The Republic of Design
• Adobe: InDesign, Illustrator, Photoshop, Lightroom
• CAD
• ArcGIS
Professional design services, research, and writing for public and private entities, and
professional organizations.
TRANSPORTATION
CORRIDOR PLANNING
URBAN DESIGN
MOBILITY STRATEGIES
MOBILITY INNOVATIONS
POLICY MAKING
RESEARCH
MARKETING
VISUAL DESIGN
BRANDING
MULTIMEDIA
PHOTOGRAPHY
Margarita Yerastova
Town Center at Abacoa, Jupiter Florida
Northwest Gardens, Fort Lauderdale, FL
Leningrad Region, RUS
City of Amsterdam, NL
City of Nijmegen, NL
Monterrey Metro Region, MX
Walton County, FL
City of Oviedo, FL
City of Delray Beach, FL
City of Lake Wales, FL
City of Boynton Beach, FL
City of West Palm Beach, FL
City of Bradenton, FL
Sarasota County, FL
Walton County, FL
Okaloosa County, FL
City of Longwood, FL
City of DeBary, FL
City of Bradenton, FL
City of St. Augustine, FL
City of DeBary, FL
City of West Palm Beach, FL
City of Palm Beach Gardens, FL
City of Port St. Lucie, FL
City of Lake Wales, FL
City of Maitland, FL
City of Port. St. Lucie, FL
City of St. Augustine, FL
City of Oviedo, FL
City of St. Cloud, FL
Town of Lake Park, FL
Village of Indiantown, FL
City of Altamonte Springs, FL
City of Palm Beach Gardens, FL
Tel: +31 622 341194
E-mail: margarita@
therepublicofdesign.com
www.therepublicofdesign.com
326
327
328
329
330
331
332
333
334
E-Bidding Document - RFP - Page 25 of 64
BIDDER VERIFICATION FORM
LOCAL PREFERENCE (Check one)
Local Preference requested: YES NO
A copy of your City of Gainesville, Florida must be included in your submission if you are requesting Local
Preference.
QUALIFIED SMALL BUSINESS AND/OR SERVICE DISABLED VETERAN BUSINESS STATUS (Check one)
Is your business qualified, in accordance with the City of Gainesvilles Small Business Procurement Program, as a local Small
Business? YES NO
Is your business qualified, in accordance with the City of Gainesvilles Small Business Procurement Program, as a local Service-
Disabled Veteran Business? YES NO
REGISTERED TO DO BUSINESS IN THE STATE OF FLORIDA
Is Bidder registered with Florida Department of States, Division of Corporations, to do business in the State of Florida?
YES NO (refer to Part 1, 1.6, last paragraph)
If the answer is YES, provide a copy of SunBiz registration or SunBiz Document Number (#________________________)
If the answer is NO, please state reason why: ______________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
_____________________________________________________________________________________
Bidders Name
_____________________________________________________________________________________
Printed Name/Title of Authorized Representative
_______________________________________________\____________
Signature of Authorized Representative Date
335
E-Bidding Document - RFP - Page 24 of 64
DRUG-FREE WORKPLACE FORM
The undersigned bidder in accordance with Florida Statute 287.087 hereby certifies that
_____________________________________________________________________________________ does:
(Name of Bidder)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the businesss policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and
the penalties that may be imposed upon employees for the drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy
of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the statement
and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring
in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employees community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this bidder complies fully with the above requirements.
____________________________________
Bidders Signature
____________________________________
Date
336
E-Bidding Document - RFP - Page 26 of 64
REFERENCE FORM
Name of Bidder: ________________________________________________________________________
Provide information for three references of similar scope performed within the past three (3) years. You may include photos
or other pertinent information.
#1 Year(s) services provided (i.e. 1/2015 to 12/2018):
Company Name:
Address:
City, State Zip:
Contact Name:
Phone Number: Fax Number:
Email Address (if available):
#2 Year(s) services provided (i.e. 1/2015 to 12/2018):
Company Name:
Address:
City, State Zip:
Contact Name:
Phone Number: Fax Number:
Email Address (if available):
#3 Year(s) services provided (i.e. 1/2015 to 12/2018):
Company Name:
Address:
City, State Zip:
Contact Name:
Phone Number: Fax Number:
Email Address (if available):
337
338
339
C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@1C0B8C86\@BCL@1C0B8C86.Docx
RESOLUTION NO. R24-0401
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,3
APPROVING THE PLANNING & ZONING DEPARTMENT FY 23/24 4
BUDGET AMENDMENT FOR THE ADDITION OF UNREALIZED 5
REVENUE TOTALING $30,000.00; PROVIDING FOR AN EFFECTIVE 6
DATE.7
8
9
WHEREAS,the Fiscal Year 2023 -24 Budget was adopted on September 27, 2023; and10
WHEREAS, at the April 18, 2023, City Commission meeting, a private developer 11
voluntarily committed to contribute $30,000.00 to a downtown master parking study; and12
WHEREAS,the donation was received by the City via wire transfer, and staff is 13
requesting that this unrealized revenue be allocated to the Fiscal Year 23/24 Budget for its 14
intended purpose; and15
WHEREAS,accordingly staff is requesting Commission approval to amend the Fiscal 16
Year 2023-24 budget as noted specifically on Exhibit “A.”17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18
BOYNTON BEACH, FLORIDA:19
Section 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 20
being true and correct and are hereby made a specific part of this Resolution upon adoption 21
hereof. 22
Section 2.That the City Commission hereby approves the Planning & Zoning 23
Department Fiscal Year 23/24 Budget Amendment for the addition of unrealized revenue 24
totaling $30,000.00, as noted on Exhibit “A,” which Exhibit is attached hereto and 25
incorporated herein by reference.26
Section 3.This Resolution shall become effective immediately upon passage.27
340
C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@1C0B8C86\@BCL@1C0B8C86.Docx
PASSED AND ADOPTED this 20th day of February 2024.28
CITY OF BOYNTON BEACH, FLORIDA29
YES NO30
31
Mayor – Ty Penserga __________32
33
Vice-Mayor – Thomas Turkin __________34
Commissioner – Angela Cruz __________35
36
Commissioner – Woodrow L. Hay __________37
38
Commissioner – Aimee Kelley __________39
40
VOTE ______41
ATTEST:42
43
44
___________________________________________________________45
Maylee De Jesús, MPA, MMC Ty Penserga46
City Clerk Mayor47
48
APPROVED AS TO FORM:49
(Corporate Seal)50
51
_______________________________52
Shawna G. Lamb53
City Attorney54
341
Exhibit A
2023/24 2023/24 AMENDMENT
ADOPTED AMENDED related to
BUDGET Revenue Budget BUDGET PROJECT NUMBER Project Name / Comments/ Vendor
GENERAL FUND
001‐0000‐369.10‐00 MISCELLANEOUS INCOME 200,000$ 30,000 230,000$ Hyperion Donation
Adopted Fund Total Revenues 118,946,402$ 30,000$ 118,976,402$
001‐2414‐515.49‐17 OTHER CONTRACTUAL SRVS 132,849 30,000 162,849 Mobility Plan, $144K
Adopted Fund Total Expenses 118,946,402$ 30,000$ 118,976,402$
CITY OF BOYNTON BEACH
CAPITAL APPROPRIATION AMENDMENTS
BUDGET YEAR 2023‐24, Commission Meeting 02/20/24
Amendment
S:\Finance\Budget Amendments and Transfers\FY2023‐24\Current Year Amendment\FY2324 Fund 001 Budget Amendment for P&ZAmendment 0220241 2/8/20244:27 PM342
Meeting Minutes
City Commission Meeting
Boynton Beach, FL April 18, 2023
that he is not going to vote for this because he wants to continue the conversation.
Mr. Taylor stated that they can commit to having the meetings, but he cannot push
off site plan approval further.
Ms. Miskel stated that it takes months to start working on submitting permits. She
said that they probably can have more conversation to work with staff to expedite
something to help with the parking problem.
Vice Mayor Turkin said that he will not support this now, but he might in the future.
Mayor Penserga stated that this need for parking has been brought to the forefront,
and that this is a regional concern, and we need more parking in the area. He said
that he has already put forward suggestions on mobility to help resolve the issues
that are not limited to one building, with a master parking plan. He mentioned that the
City should be thinking about a public parking garage. He said that he cannot violate
peoples' property rights, but based on all the facts, the applicants have met code.
Ms. Radigan summarized additional conditions of approval: identify and commit to
operational strategies to minimize residential overflow parking; voluntary $30K
contribution to put towards a master parking plan within 60 days of development order
approval; and continue discussion with City to potentially include public parking.
Commissioner Hay stated that he agrees with a public parking lot.
Motion:
Commissioner Hay moved to approve the item with three additional conditions.
Commissioner Cruz seconded the motion. Motion passed (4-1) with Vice Mayor
Turkin dissenting.
B. Approve requests for two (2) Community Design Appeals (CDPA 22-005
23-009) of Part III, Chapter 4, Article III, Section 6.F.2.d., which requires
habitable floor area to wrap all upper -levels of the parking structure where
the structure has frontage along a public right-of-way, to allow for
alternative design solutions for the fagades of the parking garage as
proposed and four (4) Community Design Appeals (CDPA 23-001, 23-002,
23-003, & 23-004) for Part III, Chapter 3, Article III, Section 5.C.1, Table 3-
22, Footnote 7, which requires that buildings be placed at a distance from
the property line no greater than to accommodate for the pedestrian zone,
to allow for a stepback provided at the ground floor.
Motion:
Commissioner Hay moved to approve the item. Commissioner Kelley seconded the
19
764343
City of Boynton Beach
Agenda Item Request Form
8.A
Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission
will conduct these public hearings in its dual capacity as Local Planning Agency and City
Commission.
02/20/2024
Meeting Date: 02/20/2024
Proposed Ordinance No. 24-002- Second Reading- An Ordinance of the City of Boynton
Beach, Florida repealing Sections 2-5, 2-6, and 2-7 of the City Code of Ordinances;
creating a new Article in Chapter 2, Administration, Article 6, entitled "City Attorney;"
providing for codification, severability, conflicts; and providing for an effective date.
Requested Action: Staff recommends approval of Proposed Ordinance No. 24-002, on
Second Reading.
Explanation of Request: The ordinance repeals antiquated sections of the City Code and
establishes the powers, duties, responsibilities, and authority of the City Attorney.
Fiscal Impact: This is a budgeted item.
Attachments:
Ordiannce_24-002-_City_Attorney (1).pdf
business-impact-estimate-City Attorney Ordinance.pdf
344
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Page 1 of 6
ORDINANCE NO. 24-002 1
2
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, REPEALING SECTIONS 2-5, 2-6, AND 2-7 OF THE 4
CITY CODE OF ORDINANCES; CREATING A NEW ARTICLE IN 5
CHAPTER 2, ADMINISTRATION, ARTICLE 6, ENTITLED “CITY 6
ATTORNEY”; PROVIDING FOR CODIFICATION, 7
SEVERABILITY, CONFLICTS; AND PROVIDING FOR AN 8
EFFECTIVE DATE. 9
10
WHEREAS, the City Commission appointed an in-house City Attorney who began on 11
October 23, 2023, to represent the City; and 12
WHEREAS, the City Charter establishes the general duties of the City Attorney; and 13
WHEREAS, the City’s Code of Ordinances refers to the position of a City prosecutor, 14
which is outdated and no longer exists; and 15
WHEREAS, the City Commission deems it necessary to identify additional powers, 16
duties, responsibilities, and authority of the City Attorney; and 17
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best 18
interest of the citizens and residents of the City of Boynton Beach to approve the amendments 19
contained herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 20
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 21
Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 22
correct and are hereby made a specific part of this Ordinance upon adoption hereof. 23
Section 2: Chapter 2, Article I, In General, Sections 2-5, 2-6, and 2-7 of the Code of 24
Ordinances of the City of Boynton Beach, are repealed in their entirety as follows: 25
Sec. 2-5. Position of prosecutor created. 26
345
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Page 2 of 6
Pursuant to the provisions of Section 23 of the Charter of the city, there is hereby created 27
the unclassified position of city prosecutor, said position to be filled by appointment by the city 28
commission, with said officer to serve at the pleasure of the city commission. Any person 29
appointed to the position of city prosecutor shall be duly licensed and authorized to practice law 30
within the State of Florida. 31
Sec. 2-6. Duty and responsibility of prosecutor. 32
The duty and responsibility of the city prosecutor shall be to prosecute all cases for 33
violation of ordinances of the city, when requested to do so by the city commission, any police 34
official or officer or the city manager. 35
Sec. 2-7. Compensation of prosecutor. 36
Compensation for the office of city prosecutor shall be established by resolution of the 37
city commission. 38
Section 3: Chapter 2, Article VI, entitled “City Attorney” of the Code of Ordinances 39
of the City of Boynton Beach, is created as follows: 40
Part II, Chapter 2, Article VI, Entitled “City Attorney” 41
Sec. 2-101. - City Attorney responsibilities. 42
In addition to the duties set forth in Sections 22, 23, and 24 of the City Charter, the City 43
Attorney shall be the head of the City Attorney's office and, in this capacity, shall have the 44
following powers and responsibilities: 45
(a) To act as the legal advisor for the City and all of its officers in all matters relating 46
to their official powers and duties. 47
346
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Page 3 of 6
(b) To prepare or review all ordinances, resolutions, contracts, bonds, and other written 48
instruments in which the municipality is concerned and shall endorse on each his/her approval of 49
the form, language, and execution thereof with respect to legal sufficiency. 50
(c) Prosecute or defend, directly or through other designated counsel, for and on behalf 51
of the city, all complaints, suits, and legal proceedings before any court or other legally constituted 52
tribunal. 53
(d) To attend meetings of the City Commission or delegate as necessary. 54
(e) Recommend to the City Commission the adoption of such measures as he/she may 55
deem necessary or expedient. 56
(f) Render opinions and/or reports on legal matters affecting the City as the City 57
Commission may direct. 58
(g) Examine and approve the legal sufficiency of all contracts, franchises, deeds, or 59
other undertakings of the City. 60
(h) Participate, as he/she deems necessary, in the negotiation process for all 61
transactions affecting the City, as needed, and in all negotiations in which the subject matter of a 62
dispute could foreseeably lead to litigation 63
(i) Approve and execute all legal settlements up to $50,000.00, with the concurrence 64
of the City Manager. 65
(i) Perform such other professional duties as may be required of him/her by ordinance 66
or resolution of the City Commission. 67
(j) To engage and remove all outside counsel and other legal service providers as 68
he/she deems necessary to accomplish the duties of the office of the City Attorney. All outside 69
347
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Page 4 of 6
counsel retained by the City, regardless of the nature or kind of service performed or the title or 70
designation under which they render legal service for the City, shall be under the direct supervision 71
and control of the City Attorney, except special outside counsel or legal services directly appointed 72
by the City Commission for specific engagements. 73
Sec. 2-102. - Other counsel authorized. 74
The City Commission may, in its discretion, directly associate special counsel in any matter 75
in which the City has an interest, and pay the compensation of such associate counsel. The police 76
and fire pension boards, as well as the Community Redevelopment Agency, may retain their own 77
attorney at their own expense. 78
Sec. 2-103. - Compensation of personnel. 79
The City Commission may, from time to time, fix the regular compensation of the City 80
Attorney at a sum commensurate with the duties which may be imposed upon the City Attorney, 81
either by resolution or the annual budget. The compensation of all other personnel of the City 82
Attorney’s Office shall be fixed by the Commission in the annual budget. It shall be paid by the 83
City in the same manner as the salaries of other City employees are paid. Funds budgeted for 84
unfilled positions may be utilized for temporary services or reallocated to other positions or other 85
budgetary line items, as necessary. 86
Sec. 2-104. - Procurement authority for legal services retained by City Attorney. 87
Due to the highly specialized nature of selecting legal services, the provisions of this Code 88
relating to competitive procurement, delegated spending limits, bid protests, and other 89
procurement regulations shall not apply to retaining services of law firms or other outside counsel 90
for any reason, nor to expert witnesses, appraisal services, legal support, trial consultants or similar 91
348
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Page 5 of 6
persons or firms deemed by the City Attorney as necessary to address the City's legal needs. These 92
services will be selected by the City Attorney, provided authorized funds are available in the annual 93
budget. Nevertheless, in selecting outside counsel and other legal services, the City Attorney 94
should be mindful of the costs involved and should strive to select those firms and individuals who 95
are the most qualified and who can provide the services to the City at a reasonable cost.96
Section 4: Codification. It is the intention of the City Commission of the City 97
of Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become 98
and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida and that 99
Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 100
changed to “Section,” “Article,” or such other word or phrase in order to accomplish such 101
intention. 102
Section 5: Severability. If any clause, section, or other part of this Ordinance 103
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such 104
unconstitutional or invalid part shall be considered as eliminated and in no way affecting the 105
validity of the other provisions of this Ordinance. 106
Section 6: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 107
parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 108
Section 7. Effective Date. That this Ordinance shall take effect immediately 109
upon passage. 110
111
349
Page 6 of 6
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.
FIRST READING this 16th day of February, 2024. 112
SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2024. 113
CITY OF BOYNTON BEACH, FLORIDA 114
YES NO 115
116
Mayor – Ty Penserga _____ _____ 117
118
Vice Mayor – Thomas Turkin _____ _____ 119
120
Commissioner – Woodrow L. Hay _____ _____ 121
122
Commissioner –Angela Cruz _____ _____ 123
124
Commissioner – Aimee Kelley _____ _____ 125
126
VOTE ______ 127
ATTEST: 128
129
_____________________________ 130
Maylee DeJesús, MMC Ty Penserga 131
City Clerk Mayor 132
133
APPROVED AS TO FORM: 134
(Corporate Seal) 135
136
137
Shawna G. Lamb 138
City Attorney 139
350
Page 1 of 3
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the City’s website by the time notice of the
proposed ordinance is published.
Proposed ordinance’s title/reference:
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the City is of the view that
a business impact estimate is not required by state law1 for the proposed ordinance, but
the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to
avoid any procedural issues that could impact the enactment of the proposed ordinance.
This Business Impact Estimate may be revised following its initial posting.
Applicable Exemptions:
☐ The proposed ordinance is required for compliance with Federal or State law or
regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
1 See Section 166.041(4)(c), Florida Statutes.
Proposed Ordinance: AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REPEALING SECTIONS 2-5, 2-6, AND 2-7 OF
THE CITY CODE OF ORDINANCES; CREATING A NEW ARTICLE IN
CHAPTER 2, ADMINISTRATION, ARTICLE 6, ENTITLED “CITY
ATTORNEY”; PROVIDING FOR CODIFICATION, SEVERABILITY,
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
351
Page 2 of 3
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that an
exemption noted above may apply, the City hereby publishes the following information:
1. A summary of the proposed ordinance (must include a statement of the public
purpose, such as serving the public health, safety, morals, and welfare):
Summary of the proposed ordinance
The Ordinance repeals outdated sections in the City’s Code relating to a City Prosecutor
and creates sections relating to the additional powers, duties, responsibilities, and
authority of the City Attorney.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the City, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur
if the ordinance is enacted:
None.
(b) Any new charge or fee imposed by the proposed ordinance or for which
businesses will be financially responsible:
None.
(c) An estimate of the City’s regulatory costs, including estimated revenues from
any new charges or fees to cover such costs.
None.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
Good faith estimate N/A
4. Additional information the governing body deems useful (if any):
Additional information the governing body deems useful (if any):
352
Page 3 of 3
[You may wish to include in this section the methodology or data used to prepare the
Business Impact Estimate. For example: City staff solicited comments from businesses
in the City of Boynton Beach as to the potential impact of the proposed ordinance by
contacting the chamber of commerce, social media posting, direct mail or direct email,
posting on the City’s website, public workshop, etc. You may also wish to include efforts
made to reduce the potential fiscal impact on businesses. You may also wish to state
here that the proposed ordinance is a generally applicable ordinance that applies to all
persons similarly situated (individuals as well as businesses) and, therefore, the proposed
ordinance does not affect only businesses).
There is no business impact.
353
City of Boynton Beach
Agenda Item Request Form
8.B
Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission
will conduct these public hearings in its dual capacity as Local Planning Agency and City
Commission.
02/20/2024
Meeting Date: 02/20/2024
Proposed Ordinance No. 24-003- Second Reading - An Ordinance of the City of Boynton
Beach, Florida, amending Chapter 2. "Administration," Article IV, entitled "Purchasing
& Consultants," Section 2-56(c) is hereby amended to amend the process to dispose of
City -owned real property; providing for conflicts, severability, codification; and an
effective date.
Requested Action: Staff recommends approval of Proposed Ordinance No. 24-003, on
Second Reading.
Explanation of Request: Revisions to Ordinance 21-030, to clarify procedures for the
disposition of City-owned property.
How will this affect city programs or services? This will not affect City programs or
services.
Fiscal Impact: N/A
Attachments:
Ordinance 24-003 Disposition of City-owned real property-1.23.24.pdf
business-impact-estimate.pdf
354
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Page 1 of 5
ORDINANCE NO. 24-003 1
2
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING 3
CHAPTER 2. “ADMINISTRATION," ARTICLE IV, ENTITLED “PURCHASING & 4
CONSULTANTS," SECTION 2-56(C) IS HEREBY AMENDED TO AMEND THE 5
PROCESS TO DISPOSE OF CITY-OWNED REAL PROPERTY; PROVIDING FOR 6
CONFLICTS, SEVERABILITY, CODIFICATION; AND AN EFFECTIVE DATE. 7
8
WHEREAS, the procedures set forth in the ordinance provide greater transparency to the 9
transfer of property and are intended to avoid any appearance of favoritism or undue influence in 10
opportunities to acquire City property and will also provide the added opportunity for public input 11
prior to a transfer; and 12
13
WHEREAS, more detailed procedures for the disposition of City-owned property will provide 14
more competitive opportunities for interested parties to acquire City property; and 15
16
WHEREAS, the City Commission finds it is in the best interest of the public to set forth more 17
detailed procedures for the disposition of public property. 18
19
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 20
BOYNTON BEACH, FLORIDA, THAT: 21
Section 1. Each Whereas clause set forth above is true and correct and incorporated 22
herein by this reference. 23
Section 2. That Chapter 2, Article IV, entitled “Purchasing & Consultants,” Section 2-24
56(c) is hereby amended by adding the words and figures in underlined type and by deleting the 25
words and figures in struck-through type, as follows: 26
Sec. 2-56. Purchasing agent, selection, duties; competitive bidding. 27
… 28
(c) Disposition of city-owned property. 29
(1) Power to sell. The City Commission may authorize by resolution the sale, transfer, andor 30
swap of any real property, improved or unimproved, now owned or hereafter acquired by or owned 31
by the city, as provided herein. These procedures supplement any other procedures that may now or 32
in the future be applicable as provided by law or regulation. 33
(2) Disposal of property which that is sufficient in size and of such character as to comprise an 34
independent building site and which that will involve a conveyance of the city's fee simple interest. 35
These parcels typically enjoy access to a public right-of-way and are developable as building sites. 36
355
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Page 2 of 5
a. Resolution declaring surplus. Before any improved or unimproved property owned by the 37
city shall be sold or otherwise disposed of pursuant to this subsection (2)b, the governing body shall 38
adopt a resolution declaring same surplus. 39
b. Determination concerning surplus. The city governing body shall review and consider the 40
following: 41
1. The legal description (by reference to a recorded plat or government survey); 42
2. The property address by street number, if there be any; 43
3. A description of all improvements located upon the land; 44
4. How said land has been used since same has belonged to the city; 45
5. The current use of the property; 46
6. How the property was acquired and financed; 47
7. The needs of the city; 48
8. Whether disposal is consistent with the City Comprehensive Plan; 49
9. The estimated property value; 50
10. Any relevant property history; 51
11. The property's title; and 52
12. Whether the disposal of the property is precluded by grant provisions of other agencies. 53
c. Public hearing. The city governing body shall hold one (1) public hearing prior to adopting a 54
resolution declaring property as surplus. An advertisement for such public hearing shall appear once 55
in a newspaper of general circulation at least ten (10) days prior to the hearing. The advertisement 56
will contain the resolution title and the date, time and place of the hearing. The City Clerk shall 57
advertise the proposed resolution for public hearing by placing it on the City Council agenda and 58
posting such agenda at least three (3) business days prior to the City Council meeting. 59
d.c When appraisals are needed. 60
1. Any real property that the city proposes to sell or otherwise dispose of pursuant to this 61
subsection (2)b must be appraised by two (2) independent appraisers, who are designated members 62
of the Appraisal Institute, if the property is estimated by the Palm Beach County Property Appraiser 63
to have a value that exceeds $1,000,000.00. 64
2. Any real property that the city proposes to sell or otherwise dispose of pursuant to this 65
subsection (2)b must be appraised by one (1) independent appraiser, who is designated member of 66
the Appraisal Institute, if the property is estimated by the Palm Beach County Property Appraiser to 67
have a value between $100,000.00 and $1,000,000.00. 68
356
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Page 3 of 5
3. Any real property that the city proposes to sell or otherwise dispose of pursuant to this 69
subsection (2)b, with an which is estimated by the Palm Beach County Property Appraiser to have a 70
value below $100,000.00 shall not require an appraisal. 71
4. Notwithstanding subparagraphs 1., 2., and 3. above, no appraisal shall be needed: 72
i. Where the city acquired the property from Palm Beach County as a result of the tax sale 73
process and is returning such asset to the former owner or its successors and assigns; 74
ii. Where the city transfers the property to another governmental entity or agency; or 75
iii. Where the city is exchanging such real property with the private sector for a replacement 76
parcel determined by the city governing body to have similar utility and where the public interests 77
would be served. 78
d. Public hearing. For any property valued over $100,000.00, the city governing body 79
shall hold one (1) public hearing prior to adopting a resolution declaring the property as surplus. An 80
advertisement for such public hearing shall appear once in a newspaper of general circulation at least 81
ten seven (107) days prior to the hearing. The advertisement will contain the resolution title and the 82
date, time, and place of the hearing. The City Clerk shall advertise the proposed resolution for public 83
hearing by placing it on the City Council Commission agenda and posting such agenda at least three 84
(3) business days prior to the City Council Commission meeting. 85
e. Methods of disposal. 86
1. Methods. The city may dispose of property pursuant to this subsection (2)b utilizing the 87
following methods: negotiation, trade with other governmental entities or agencies, request for 88
letters of intent, sealed bids, or request for proposals. The city may retain professional real estate 89
services to aid in the disposal of property. 90
i. Negotiation. The city may negotiate the sale of real property with a particular person or 91
entity, and no further advertising will be needed to effect a transfer. 92
ii. Sealed bids, requests for letters of intent, and request for proposals. At any time no more 93
than ninety (90) days after the adoption of a resolution declaring the property surplus, the land may 94
be offered for public disposition, and a notice shall be published by the city in a newspaper of general 95
circulation in the city once not less than tenseven (107) days before sealed bids, letters of intent, or 96
proposals are due. The notice shall state, at a minimum, the date when sealed bids, letters of intent, 97
or proposals shall be received and whether the sale is with or without reservation. Sealed bids, letters 98
of intent, and proposals shall be received accompanied by cashier's checks or certified checks payable 99
to the city in an amount equal to at least ten (10) percent of the disposition price. 100
iii. Transfer to governmental agencies. The city may sell or transfer any of its property to 101
any other governmental agency, if the city governing body determines that: 102
A. A transfer of the property to the other governmental agency shall provide a benefit to 103
the city; and 104
B. That the terms received by the city are fair and equitable. 105
357
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Page 4 of 5
iv. Land swap with any private or public land owner, provided the properties are appraised 106
at substantially the same value. In determining substantial value, the city may take into consideration 107
the potential increase in value following the swap. 108
f. Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as authorized 109
in this subsection (2)b, shall be deposited in the general fund of the city, or such other fund or account 110
of the city as is determined by the Finance Director. 111
g. Conveyance. In order to convey property pursuant to this subsection (2)b, the city governing 112
body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding anything 113
possibly to the contrary, the city may reject any and all offers, bids, letters of intent, or proposals, or 114
terminate negotiations at any time and choose not to dispose of property, and nothing shall obligate 115
the city governing body to adopt any necessary resolution. 116
Section 3. Each and every other provision of Chapter 2, not herein specifically amended, 117
shall remain in full force and effect as previously enacted. 118
Section 4. All ordinances or parts of ordinances in conflict herewith be, and the same are 119
hereby repealed. 120
Section 5. 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, such 122
decision shall not affect the remainder of this ordinance. 123
Section 6. Authority is hereby granted to codify said ordinance. 124
Section 7. This ordinance shall become effective immediately. 125
FIRST READING this 6th day of February, 2024. 126
SECOND, FINAL READING AND PASSAGE this _______ day of _________________, 2024. 127
128
CITY OF BOYNTON BEACH, FLORIDA 129
YES NO 130
Mayor – Ty Penserga _____ _____ 131
132
Vice Mayor – Thomas Turkin _____ _____ 133
134
Commissioner – Angela Cruz _____ _____ 135
136
Commissioner – Woodrow L. Hay _____ _____ 137
138
Commissioner – Aimee Kelley _____ _____ 139
140
VOTE ______ 141
358
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Page 5 of 5
ATTEST: 142
143
144
_____________________________ 145
Maylee DeJesús, MMC Ty Penserga 146
City Clerk Mayor 147
148
APPROVED AS TO FORM: 149
(Corporate Seal) 150
151
152
Shawna G. Lamb 153
City Attorney 154
359
Page 1 of 3
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the City’s website by the time notice of the
proposed ordinance is published.
Proposed ordinance’s title/reference:
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the City is of the view that
a business impact estimate is not required by state law1 for the proposed ordinance, but
the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to
avoid any procedural issues that could impact the enactment of the proposed ordinance.
This Business Impact Estimate may be revised following its initial posting.
Applicable Exemptions:
☐ The proposed ordinance is required for compliance with Federal or State law or
regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or
☐ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
1 See Section 166.041(4)(c), Florida Statutes.
Proposed Ordinance
Disposal of City Owned Real Property
360
Page 2 of 3
In accordance with the provisions of controlling law, even notwithstanding the fact that an
exemption noted above may apply, the City hereby publishes the following information:
1. A summary of the proposed ordinance (must include a statement of the public
purpose, such as serving the public health, safety, morals and welfare):
Summary of the proposed ordinance
The proposed Ordinance changes the method by which the City evaluates and disposes
of real property.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the City, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur
if the ordinance is enacted:
None
(b) Any new charge or fee imposed by the proposed ordinance or for which
businesses will be financially responsible:
None
(c) An estimate of the City’s regulatory costs, including estimated revenues from
any new charges or fees to cover such costs.
None
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
Good faith estimate
None
4. Additional information the governing body deems useful (if any):
Additional information the governing body deems useful (if any):
361
Page 3 of 3
[You may wish to include in this section the methodology or data used to prepare the
Business Impact Estimate. For example: City staff solicited comments from businesses
in the City of Boynton Beach as to the potential impact of the proposed ordinance by
contacting the chamber of commerce, social media posting, direct mail or direct email,
posting on the City’s website, public workshop, etc. You may also wish to include efforts
made to reduce the potential fiscal impact on businesses. You may also wish to state
here that the proposed ordinance is a generally applicable ordinance that applies to all
persons similarly situated (individuals as well as businesses) and, therefore, the proposed
ordinance does not affect only businesses).
None
362
City of Boynton Beach
Agenda Item Request Form
8.C
Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission
will conduct these public hearings in its dual capacity as Local Planning Agency and City
Commission.
02/20/2024
Meeting Date: 02/20/2024
Proposed Ordinance No. 24-004- Second Reading- An Ordinance of the City of Boynton
Beach, Florida, amending Chapter 2.5, "Alarm Systems," to clarify Fire Department fees
for responding to excessive false alarms; providing for repeal of laws in conflict,
severability, codification and an effective date.
Requested Action: Staff recommends approval of Proposed Ordinance No. 24-004, on
Second Reading.
Explanation of Request:
Paragraph added to section 2.5-13(b) to differentiate police department false alarm fees from
fire department false alarm fees; however, there is no change to the fee schedule.
How will this affect city programs or services? Approving the amendments will eliminate
confusion regarding the interpretation of the ordinance.
Fiscal Impact: None. The Fire Department will continue to collect additional fees for
responding to excessive false alarms.
Attachments:
Ordinance 24-004 Excessive_False_Alarm_Fees_-_Ordinance(v2).pdf
Buisness_Impact_Estimate_1134-2023.pdf
363
1
S:\CA\Ordinances\Excessive_False_Alarm_Fees_-_Ordinance(V2).Docx
ORDINANCE NO. 24-004 1
2
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 3
AMENDING CHAPTER 2.5, “ALARM SYSTEMS,” TO CLARIFY FIRE 4
DEPARTMENT FEES FOR RESPONDING TO EXCESSIVE FALSE 5
ALARMS; PROVIDING FOR REPEAL OF LAWS IN CONFLICT, 6
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 7
8
WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution, and Chapter 9
166, Florida Statutes, the City of Boynton Beach, Florida, is authorized to protect the health, safety, 10
and welfare of its residents and has the power and authority to enact ordinances and regulations 11
for valid governmental purposes that are not inconsistent with general or special law; and 12
WHEREAS, the City's Police and Fire Departments respond to several hundred burglary, 13
robbery, or fire alarms annually, of which only a small percentage are found to be valid; and 14
WHEREAS, the City Commission finds that responding to alarm calls is both costly to 15
the City and potentially dangerous to the public; and 16
WHEREAS, since the majority of alarm calls have historically been false alarms, the City 17
Commission finds and determines that alarms need to be regulated by the City, including imposing 18
a penalty for excessive false alarms; and 19
WHEREAS, the City Commission seeks to clarify and strengthen the regulation of alarm 20
systems within the City and in its response area in order to better serve the residents of the City 21
through more efficient use of law enforcement and fire/rescue services; and 22
WHEREAS, the City Commission wishes to approve the amendments to Chapter 2.5, 23
“Alarms Systems” to clarify the fee for responding to excessive false alarms by the Fire 24
Department. 25
364
2
S:\CA\Ordinances\Excessive_False_Alarm_Fees_-_Ordinance(V2).Docx
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 26
CITY OF BOYNTON BEACH, FLORIDA, THAT: 27
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 28
being true and correct and are hereby incorporated herein and made a part hereof. 29
Section 2. Chapter 2.5, entitled “Alarm Systems” of the Code of Ordinances, is hereby 30
amended to read as follows: 31
Sec. 2.5-13. False alarm response service fee; collection. 32
(a) For response to excessive false alarms by the police department, the alarm user shall 33
be charged a service fee by the City as follows: 34
1st false alarm in a fiscal year of October 1 through September 30 No charge 35
2nd false alarm in a fiscal year of October 1 through September 30 No charge 36
3rd false alarm in a fiscal year of October 1 through September 30 No charge 37
4th false alarm in a fiscal year of October 1 through September 30 $75 for residential; 38
$200 for commercial 39
5th false alarm in a fiscal year of October 1 through September 30 $100 for residential; 40
$500 for commercial 41
6th false alarm in a fiscal year of October 1 through September 30 $150 for residential; 42
$750 for commercial 43
7th and successive false alarm in a fiscal year of October 1 through September 30 $200 44
for residential; $1,000 for commercial. 45
Example: A residence with nine (9) false alarms within a fiscal year of October 1 through 46
September 30 would be calculated as follows: 47
1st $0 48
2nd $0 49
3rd $0 50
4th $75 51
5th $100 52
6th $150 53
7th $200 54
365
3
S:\CA\Ordinances\Excessive_False_Alarm_Fees_-_Ordinance(V2).Docx
8th $200 55
9th $200 56
$925 Total 57
(b) For a response to excessive false alarms by the fire department, the alarm user shall be 58
charged a service fee by the City as adopted by the City Commission by resolution from 59
time to time. A copy of the fire department false alarm fee schedule shall be filed with the 60
City Clerk. 61
(b) (c) The Chief of Police or his/her designee shall determine whether a false burglar alarm 62
has occurred and the frequency of such false alarms. The city shall notify alarm users of 63
amounts owed to the city and shall make demand therefor, pursuant to the provisions of 64
this section. The Fire Marshal or his/her designee shall determine whether a false fire or 65
medical alarm has occurred and the frequency of such alarms. 66
(c) (d) Proof of alarm repair on the date of the false alarm can result in the fine being 67
reduced or waived, if approved by the Fire Marshal or the Chief of Police or their designees. 68
(d) (e) The city attorney may proceed by a suit in a court of competent jurisdiction to 69
collect said charge after demand therefor has been made by the city and the payment thereof 70
refused by the alarm user. 71
Section 3. It is the intention of the City Commission of the City of Boynton Beach, and 72
it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the 73
Code and Ordinances of the City of Boynton Beach, Florida and that Sections of this Ordinance 74
may be renumbered, re-lettered and the word “Ordinance” may be changed to “Section,” “Article,” 75
or such other word or phrase in order to accomplish such intention. 76
Section 4. If any clause, section, or other part of this Ordinance shall be held by any 77
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 78
part shall be considered eliminated and in no way affect the validity of the other provisions of this 79
Ordinance. 80
Section 5. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 81
in conflict herewith, be and the same are repealed to the extent of such conflict. 82
Section 6. This Ordinance shall become effective on passage. 83
84
366
4
S:\CA\Ordinances\Excessive_False_Alarm_Fees_-_Ordinance(V2).Docx
FIRST READING this 6th day of February 2024. 85
SECOND, FINAL READING AND PASSAGE this 20th day of February, 2024. 86
87
CITY OF BOYNTON BEACH, FLORIDA 88
89
YES NO 90
Mayor – Ty Penserga _____ _____ 91
92
Vice Mayor – Thomas Turkin _____ _____ 93
94
Commissioner – Angela Cruz _____ _____ 95
96
Commissioner – Woodrow L. Hay _____ _____ 97
98
Commissioner – Aimee Kelley _____ _____ 99
100
VOTE ______ 101
102
ATTEST: 103
104
_____________________________ ______________________________ 105
Maylee De Jesús, MPA, MMC Ty Penserga 106
City Clerk Mayor 107
108
APPROVED AS TO FORM: 109
(Corporate Seal) 110
111
_______________________________ 112
Shawna G. Lamb 113
City Attorney 114
367
Page 1 of 3
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the City’s website by the time notice of the
proposed ordinance is published.
Proposed ordinance’s title/reference: 2.5-13. False alarm response service fee.
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the City is of the view that
a business impact estimate is not required by state law1 for the proposed ordinance, but
the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to
avoid any procedural issues that could impact the enactment of the proposed ordinance.
This Business Impact Estimate may be revised following its initial posting.
Applicable Exemptions:
☐The proposed ordinance is required for compliance with Federal or State law or
regulation;☐The proposed ordinance relates to the issuance or refinancing of debt;☐The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;☐The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the municipal government;☐The proposed ordinance is an emergency ordinance;☐The ordinance relates to procurement; or
☐The proposed ordinance is enacted to implement the following:
a.Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b.Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c.Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d.Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
1 See Section 166.041(4)(c), Florida Statutes.
Proposed Ordinance 1134-2023
Proposed Ordinance No. 24-XXX- Approve amendments to Section 2.5-13. False alarm
response service fee; collection of the City Code of ordinances
368
Page 2 of 3
In accordance with the provisions of controlling law, even notwithstanding the fact that an
exemption noted above may apply, the City hereby publishes the following information:
1.A summary of the proposed ordinance (must include a statement of the public
purpose, such as serving the public health, safety, morals and welfare):
Summary of the proposed ordinance - Paragraph added to sec 2.5-13 (b) to
differentiate police department false alarm fees from fire department false alarm fees.
-No change to fee schedule.
2.An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the City, if any:
(a)An estimate of direct compliance costs that businesses may reasonably incur
if the ordinance is enacted:
(b)Any new charge or fee imposed by the proposed ordinance or for which
businesses will be financially responsible:
(c)An estimate of the City’s regulatory costs, including estimated revenues from
any new charges or fees to cover such costs.
3.Good faith estimate of the number of businesses likely to be impacted by the proposedordinance:
Good faith estimate
4.Additional information the governing body deems useful (if any):
Additional information the governing body deems useful (if any):
Not applicable. Unchanged.
Not applicable. Unchanged.
Not applicable. Unchanged.
Not applicable. Unchanged.
369
Page 3 of 3
Not applicable.
370
City of Boynton Beach
Agenda Item Request Form
8.D
Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission
will conduct these public hearings in its dual capacity as Local Planning Agency and City
Commission.
02/20/2024
Meeting Date: 02/20/2024
Proposed Ordinance No. 24-005- Second Reading- An Ordinance of the City of Boynton
Beach, Florida, amending Chapter 9, "Fire Protection and Prevention," Section 9-1,
"Boynton Beach Fire Code; Fire Codes Adopted," to update the City Code as required
by Florida Statute when a new edition of the Florida Fire Prevention Code has been
adopted; providing for repeal of laws in conflict, severability, codification and an
effective date.
Requested Action: Staff recommends approval of Proposed Ordinance No. 24-005, on
Second Reading.
Explanation of Request: The Florida Fire Prevention Code is adopted by the State Fire
Marshal at three-year intervals as required by Chapter 633.202, Florida Statutes. This
complex set of fire code provisions is enforced by the local fire official within each county,
municipality, and special fire district in the state. The updated version of The Florida Fire
Prevention Code 8th Edition - 2023, consisting of the Florida versions of the NFPA 1 Fire
Prevention Code, 2021 Edition, and the NFPA 101 Life Safety Code, 2021 Edition, is
recommended for adoption by the City Fire Marshal. The proposed ordinance adopts the most
recent version of the Florida Fire Prevention Code.
How will this affect city programs or services? Will ensure all fire prevention activities,
plan review and fire code enforcement within the city and contractual areas are compliant with
FL State Statute 633.202 and provide the most current National Fire Protection Association
recommendations for Community Risk Reduction.
Fiscal Impact: There is no fiscal impact to the budget for this item.
Attachments:
Buisness Impact Estimate 1135-2023.pdf
Ordinance 24-005 Fire Protection and Prevention Chapter 9 (2023) - Final.pdf
371
Page 1 of 3
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the City’s website by the time notice of the
proposed ordinance is published.
Proposed ordinance’s title/reference: Fire Protection and Prevention (Ch.9)
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the City is of the view that
a business impact estimate is not required by state law1 for the proposed ordinance, but
the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to
avoid any procedural issues that could impact the enactment of the proposed ordinance.
This Business Impact Estimate may be revised following its initial posting.
Applicable Exemptions:
☐The proposed ordinance is required for compliance with Federal or State law or
regulation;☐The proposed ordinance relates to the issuance or refinancing of debt;☐The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;☐The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the municipal government;☐The proposed ordinance is an emergency ordinance;☐The ordinance relates to procurement; or
☐The proposed ordinance is enacted to implement the following:
a.Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b.Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c.Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d.Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
1 See Section 166.041(4)(c), Florida Statutes.
Proposed Ordinance-1135-2023
Proposed Ordinance No. 24-XXX- Approve Ordinance amending Chapter 9, “Fire Protection and
Prevention,” Section 9-1, “BOYNTON BEACH FIRE CODE; FIRE CODES ADOPTED,” to update the City
Code as required by Florida Statute when a new edition of the Florida Fire Prevention Code has been
adopted.
372
Page 2 of 3
In accordance with the provisions of controlling law, even notwithstanding the fact that an
exemption noted above may apply, the City hereby publishes the following information:
1.A summary of the proposed ordinance (must include a statement of the public
purpose, such as serving the public health, safety, morals and welfare):
Summary of the proposed ordinance
-The Florida Fire Prevention Code is adopted by the State Fire Marshal at three-year intervals as required by Chapter 633.202,
Florida Statutes. This complex set of fire code provisions are enforced by the local fire official within each county, municipality,
and special fire district in the state.
2.An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the City, if any:
(a)An estimate of direct compliance costs that businesses may reasonably incur
if the ordinance is enacted:
(b)Any new charge or fee imposed by the proposed ordinance or for which
businesses will be financially responsible:
(c)An estimate of the City’s regulatory costs, including estimated revenues from
any new charges or fees to cover such costs.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
Good faith estimate
Exempt : 633.202
4.Additional information the governing body deems useful (if any):
Additional information the governing body deems useful (if any):
Exempt : 633.202
Exempt: 633.202
Exempt: 633.202
373
Page 3 of 3
[You may wish to include in this section the methodology or data used to prepare the
Business Impact Estimate. For example: City staff solicited comments from businesses
in the City of Boynton Beach as to the potential impact of the proposed ordinance by
contacting the chamber of commerce, social media posting, direct mail or direct email,
posting on the City’s website, public workshop, etc. You may also wish to include efforts
made to reduce the potential fiscal impact on businesses. You may also wish to state
here that the proposed ordinance is a generally applicable ordinance that applies to all
persons similarly situated (individuals as well as businesses) and, therefore, the proposed
ordinance does not affect only businesses).
374
S:\CA\Ordinances\Fire Protection and Prevention Chapter 9 (2023) - Ordinance Final.docx
3
ORDINANCE NO. 24-005 1
2
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING 3
CHAPTER 9, “FIRE PROTECTION AND PREVENTION,” SECTION 9-1, 4
“BOYNTON BEACH FIRE CODE; FIRE CODES ADOPTED,” TO UPDATE THE 5
CITY CODE AS IS REQUIRED BY FLORIDA STATUTE WHEN A NEW EDITION 6
OF THE FLORIDA FIRE PREVENTION CODE HAS BEEN ADOPTED; 7
PROVIDING FOR REPEAL OF LAWS IN CONFLICT, SEVERABILITY, 8
CODIFICATION AND AN EFFECTIVE DATE. 9
10
WHEREAS, the general laws of the State of Florida require the State Fire Marshal to adopt by 11
rule the Florida Fire Prevention Code and to update to a new edition of said Code every third year; 12
and 13
WHEREAS, the Florida Fire Prevention Code, as adopted by the State Fire Marshal, applies 14
uniformly across the state; however, local jurisdictions may make local amendments in order to 15
strengthen the protections afforded by the Code and to conduct the business of administering the 16
Code as deemed fit by the local authority having jurisdiction; and 17
WHEREAS, the City Commission wishes to adopt the latest edition of the Florida Fire 18
Prevention Code. 19
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 20
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 incorporated herein and made a part hereof. 23
Section 2. Chapter 9, entitled “Fire Protection and Prevention” of the Code of 24
Ordinances, is hereby amended to read as follows: 25
Chapter 9 FIRE PROTECTION AND PREVENTION 26
27
ARTICLE I. GENERAL 28
375
S:\CA\Ordinances\Fire Protection and Prevention Chapter 9 (2023) - Ordinance Final.docx
3
1
Sec. 9-1. Boynton Beach Fire Code; fire codes adopted. 2
3
The Florida Fire Prevention Code 7th Edition - 2020 consisting of, the Florida versions of the 4
NFPA 1 Fire Prevention Code, 2018 Edition, and the NFPA 101 Life Safety Code, 2018 Edition, 5
and any subsequent additions adopted by state statute, are adopted as the fire prevention 6
code of the city. These standards and codes are hereby adopted and incorporated as fully 7
as if set out at length in this section. Not less than one (1) copy of the adopted issue of the 8
NFPA Fire Prevention Code, 2018 Edition, the NFPA 101 Life Safety Code, 2018 Edition, and 9
any subsequent additions adopted by state statute shall be filed in the office of the City 10
Clerk, and the provisions thereof shall be controlling within the limits of the city, and within 11
any municipality which has entered into an interlocal agreement or contract for services from 12
Boynton Beach Fire Rescue unless otherwise provided for. Under the authority of Sections 13
633.0215 and 633.025, Florida Statutes, the most recent edition of the “Florida Fire 14
Prevention Code” adopted by the State Fire Marshal in Florida Administrative Code Chapter 15
69A-60, including NFPA 1 Fire Prevention Code and NFPA 101 Life Safety Code, both as 16
modified by Florida Administrative Code Chapter 69A-60, is hereby adopted by reference 17
and made a part of the law of the City to the same extent as if written out completely herein. 18
A copy of the Fire Prevention Code and any updates thereto shall be filed with the City Clerk, 19
and the provisions thereof shall be controlling within the City and within any jurisdiction that 20
has entered into a contract for service from Boynton Beach Fire Rescue unless otherwise 21
stated therein. Violations of the Florida Fire Prevention Code shall be punishable as provided 22
in Section 1-6. 23
24
Section 3. It is the intention of the City Commission of the City of Boynton Beach, and 25
it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the 26
Code and Ordinances of the City of Boynton Beach, Florida and that Sections of this Ordinance 27
may be renumbered, re-lettered and the word “Ordinance” may be changed to “Section,” “Article,” 28
or such other word or phrase in order to accomplish such intention. 29
Section 4. If any clause, section, or other part of this Ordinance shall be held by any 30
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 31
part shall be considered eliminated and in no way affect the validity of the other provisions of this 32
Ordinance. 33
376
S:\CA\Ordinances\Fire Protection and Prevention Chapter 9 (2023) - Ordinance Final.docx
3
Section 5. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 1
in conflict herewith, be and the same are repealed to the extent of such conflict. 2
Section 6. This Ordinance shall become effective on passage. 3
FIRST READING this 6th day of February, 2024. 4
SECOND, FINAL READING AND PASSAGE this 20th day of February, 2024. 5
6
CITY OF BOYNTON BEACH, FLORIDA 7
8
YES NO 9
Mayor – Ty Penserga _____ _____ 10
11
Vice Mayor – Thomas Turkin _____ _____ 12
13
Commissioner – Angela Cruz _____ _____ 14
15
Commissioner – Woodrow L. Hay _____ _____ 16
17
Commissioner – Aimee Kelley _____ _____ 18
19
VOTE ______ 20
21
22
23
ATTEST: 24
25
_____________________________ ______________________________ 26
Maylee De Jesús, MPA, MMC Ty Penserga 27
City Clerk Mayor 28
29
APPROVED AS TO FORM: 30
(Corporate Seal) 31
_______________________________ 32
Shawna G. Lamb 33
City Attorney 34
35
36
37
377
City of Boynton Beach
Agenda Item Request Form
9.A
City Manager’s Report
02/20/2024
Meeting Date: 02/20/2024
Finance Department Presentation
Requested Action: Presentation
Explanation of Request: Finance Department Overview Presentation
Fiscal Impact: N/A
Attachments:
Commission Presentation Template_Feb 2023.pptx
378
Financial Services
CITY MANAGER’S REPORT
February 20, 2024
379
MARA
FREDERIKSEN
Director
MARA
FREDERIKSEN
Director
ANTHONY
DAVIDSON
Budget Division
Director
ANTHONY
DAVIDSON
Budget Division
Director
FABIO BACA
Accountant II
FABIO BACA
Accountant II
KRISTEENA
PINTO
Purchasing
Division Director
KRISTEENA
PINTO
Purchasing
Division Director
TARALYN
PRATT Assistant
Purchasing
Manager
TARALYN
PRATT Assistant
Purchasing
Manager
THERESA
GONZALEZ
Senior Buyer-
Utilities
THERESA
GONZALEZ
Senior Buyer-
Utilities
ROBERTA
SHELMADINE
Accounting
Technician II
ROBERTA
SHELMADINE
Accounting
Technician II
MICHAEL
DAUTA
Warehouse
Division Director
MICHAEL
DAUTA
Warehouse
Division Director
JENNIFER
PACIELLO
Supervisor
JENNIFER
PACIELLO
Supervisor
MICHAEL
JOHNSON
Inventory Control
Sp. III
MICHAEL
JOHNSON
Inventory Control
Sp. III
ROBERT
JOHNSON
Service Writer
ROBERT
JOHNSON
Service Writer
FRANCISCO
LATINO
Senior
Storekeeper
FRANCISCO
LATINO
Senior
Storekeeper
RJ RAMIREZ
Community
Improvement
Manager
RJ RAMIREZ
Community
Improvement
Manager
CHRISTOPHE
R MITCHELL
Construction
Coordinator
CHRISTOPHE
R MITCHELL
Construction
Coordinator
MIRNA
CROMPTON
Grants Manager
MIRNA
CROMPTON
Grants Manager
VACANT
Grants
Coordinator
(Intern Sam
Abrams)
VACANT
Grants
Coordinator
(Intern Sam
Abrams)
JESSICA
MATIAS
Accountant II
JESSICA
MATIAS
Accountant II
CHELSEA
IRELAND
Accountant I
CHELSEA
IRELAND
Accountant I
VANESSA
JEOBOAM
Accounting Clerk
VANESSA
JEOBOAM
Accounting Clerk
JONELE LUMA
Fiscal Analyst
JONELE LUMA
Fiscal Analyst
ALICIA
DEJSUS
Accounting
Clerk
ALICIA
DEJSUS
Accounting
Clerk
CORINNE
ELLIOTT
Deputy Director
CORINNE
ELLIOTT
Deputy Director
HEATHER
ANTILLON
Payroll
Coordinator
HEATHER
ANTILLON
Payroll
Coordinator
SYLVIA WARD
Payroll
Coordinator
SYLVIA WARD
Payroll
Coordinator
380
●ACCOUNTING
●PURCHASING/PROCUREMENT
●PAYROLL
●ACCOUNTS PAYABLE
●REVENUE MANAGEMENT
●ANNUAL FINANCIAL AUDIT
●ANNUAL BUDGET DEVELOPMENT
●POLICIES & PROCEDURES
●GRANTS
MISSION & SERVICES:Financial Services
Mission
To safeguard the assets of the City and to maximize allocations of said assets. To
maintain a strong financial condition to ensure funds are available to provide the level
of services that fulfill residents’ expectations. Communicate effectively with staff,
management, and the Commission. Work in a supportive, respectful and cooperative
manner to ensure we provide the highest quality financial service to all our customers.
Core Services
381
Team Members (Accounting Division)
Mara Frederiksen–Director (8 YRS 9 MO)
Corinne Elliott– Deputy Director (4 YRS 2 MO)
Jessica Matias– Accountant II ( 4 YRS 6 MO)
Jonele Luma-Fiscal Analyst (9 YRS)
Samuel Abrams-High School Intern (PT) (8 MO)
Vanessa Jeoboam-Accounting Clerk (2 YRS 7 MO)
Alicia DeJesus-Accounting Clerk (PT) (3 YRS 10 MO)
32 Combined
Years of Service
382
•Received GFOA Award for Financial Statements
•Implemented Investment Policy and Diversified Portfolio
•Received GFOA Award for Budget
•Davenport Review and Implementation of Fund Balance
Stabilization Policy
HIGHLIGHTS
•Making & Reconciling All Accounting Entries For All City Funds
•Accounting & Inventorying Capital Assets
•Developing & Monitoring Internal Financial Controls
•Preparing Monthly & Annual Financial Reports of the City
CORE RESPONSIBILITIES
383
STRUCTURE OF CITY FINANCES
Organized in a “fund” structure based on –
City operations
External restrictions
Governmental accounting requirements
STRUCTURE OF CITY FINANCES
•The City has 24 Budgeted funds grouped into two broad activity types -
1. Governmental activities includes General Fund
2. Business activities includes Utilities Fund
384
STRUCTURE OF CITY FINANCES
STRUCTURE OF CITY FINANCES
Business activities are financed with
•Fees charged to external parties
•Examples –
1.Water & Sewer Utility Fund
2.Solid Waste Fund
3.Golf Course
Governmental activities are those funds financed with
•Taxes, State and other revenues, such as
1.General Fund
2.Capital Improvement Funds
3.Fleet Maintenance Fund
4.Public Service Tax Fund
5.Debt Service Funds
6.Special Revenue Funds
385
COLLECTING REVENUES
•Receiving and Safeguarding Receipts
•Depositing All Monies Received
•Providing Proper Revenue Accounting
•Monitoring Estimated Budgeted Revenues
386
INVESTING CASH
MONITORING DEBT
•Monitoring Cash Flow Requirements
•Investing Funds According to Established
Policy
•Participating in the Issuance of Debt
•Monitoring Debt Compliance Requirements
387
DISBURSING EXPENDITURES
•Receiving All Invoices for Payment
•Disbursing Funds to All Vendors
•Disbursing Payroll to Employees & Others
•Providing Accounting For Expenditures
388
389
Team Members (Budget Division)
Anthony Davidson– Division Director (16 YRS)
Fabio Baca– Accountant II (16 YRS 5 MO)
32 Combined
Years of Service
390
•consists of activities that encompass the
development, implementation, measurement,
and monitoring of the City’s approved financial
plan for services, operational needs, human
resources, and capital project/assets
management.
Why Budget?
•Governments are required to manage resources (taxes, grants,
fees, debt, inter-governmental funds, etc.) and manage spending
for parks, infrastructure, water & sewer, police, fire, etc.
The Budget Process:
391
Budget Division Facts & Accomplishments
•Annual determination of Impact of the Millage Rate,
currently 7.85 mills yields $71.6M for Ad Valorem
Revenues
•Monitoring/Reporting appropriations in the of $285M
for All Funds (General Fund budget is $118M
•Process multiple Budget Amendments with
Resolutions (4+ per year)
•Process department Budget Transfers:
450+ budget transfers for FY 2022-23
320+ budget transfers for FY2021-22
295+ budget transfers for FY2020-21
•Reconcile adopted FT & PT positions with
departments and Human resources
Approved headcount for FY 2023-24 is 918
Approved headcount for FY 2022-23 was 896
Approved headcount for FY 2021-22 was 856
392
Budget Division Facts & Accomplishments
•Quarterly reporting required to FDEM (Florida Division of Emergency
Management) for four open FEMA/Hurricane Grants and COVID-19. Validating
labor and operational expense for reimbursement. Amounts received so far from
FEMA and the State
HR Isaias, $18K; HR Irma, $1.4M; HR Dorian, $57K; Covid-19, $391K
•Fund Balance analysis of operational, enterprise, and capital accounts to monitor
available reserves
•Monthly monitoring of department budgets & analysis of Capital Improvement
Plan
•Creating Quarterly Financial reports for General Fund & Utility Fund
•Annual publication of the adopted budget via new Gravity cloud based software
saving 3 to 5 days for assembly and linking. Gravity also offers online interactive
financial data https://boyntonbeach.opendata.report/
•Government Finance Officers Association Distinguished Budget Award, since
2014
393
394
Team Members (Procurement Division)
Kristeena Pinto– Division Director (3 YRS 3 MO)
Taralyn Pratt– Assistant Purchasing Manager (18 YRS 9 MO)
Theresa Gonzalez– Sr. Buyer-Utilities (5 MO)
Roberta Shelmadine– Accounting Technician II (5 YRS 10
MO)
27 Combined
Years of Service
395
Purchasing Division
•Issues purchase orders
•Formally solicits for goods, services, and construction projects.
•Assists Departments with piggyback agreements, single/sole
source purchases.
•Monitors renewal options on current City agreements
•Coordinate Selection of Vendors
•Recommending Policy & Procedure
The Purchasing Division serves to support City Departments by
procuring the requested goods and services, in a timely manner
while following the state, local, and federal procurement laws.
CORE RESPONSIBILITIES:
396
2023 Solicitations
•Geographic Information System
(GIS) Services
•Fireworks Displays
•Community Rating System (CRS
and Climate Resilience Planning
Professional Support
•Town of Hypoluxo Septic to Sewer
– Progressive Design Build
•Silverwood Area Wastewater Force
Main Installation
•Existing 36” Raw Water
Transmission Main Repair
•West Wellfield Electrical Upgrade –
4W, 5W, 7W, and 8W
•Benefits Consulting Services
•Re-Bid – Ezell Hester Jr. Park
Improvements
•Beach Equipment Rental
Concession for Oceanfront Park
Ezell Hester Jr. Park Improvements
397
Total Purchasing
Amounts
(Including Grant funds)
$53.56
$47.74
$40.71
$0.00
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
FY 2023 FY 2022 FY 2021MillionsTotal Purchasing Amounts
Purchase
Orders Issued
1222 1185 1117
471 462 397
0
200
400
600
800
1000
1200
1400
FY 2023 FY 2022 FY 2021
Purchase Orders Issued
Purchase Orders Blanket Purchase Orders
398
Sylvia Ward– Payroll Coordinator (1 YR)
Heather Antillon– Payroll Coordinator (1 YR)
CORE RESPONSIBILITIES:
Team Members (Payroll Division)
•Issue 941 Quarterly Reports to IRS
•Issue all W-2 Reports at year end
•Process Bi-Weekly Payroll
FM1
399
Slide 21
FM1 Frederiksen, Mara, 2/7/2024
400
Team Members (Grants Division)
Mirna Crompton– Grants Manager (4 MONTHS)
Chelsea Ireland– Accountant (4 MONTHS)
Vacant-Grant Coordinator
401
•Responsible for the general management, oversight, compliance and
administration of the City's grant activities.
•Identification of grant opportunities and spearhead the preparation of grant
applications.
•Provide pre and post-award technical assistance to departments.
•Prepare and submit annual city-wide summaries of proposed grants.
•Ensure accurate and timely reporting of grant activities.
•Investigate and address issues that may arise with the management of grants.
MISSION & SERVICES:Grants
Grants Mission:
Our mission is to centralize grants City-wide in order to maintain a system for grant
oversight and coordination and to limit the city exposure to liabilities and loss of
funding through the establishment of internal controls and guidelines.
Core Responsibilities:
402
•Implementation of streamline process regarding pre-award and
post-award grants process.
•Creation of matrix of funding opportunities for all departments.
Projected funding: 102M
•Creation of a City-wide master list of City Grants.
•Creation of a City-wide application list of all City submitted grants.
UPCOMING APPLICATIONS:
•Assistance for Firefighters Grants: Funding request: up to $1M . Application
submittal due on 03/08/2023. Match contribution: 10%
•Florida Boating Improvement Program Grant - Funding request up to $850,000.
Application submittal due on 03/20/2024. Match contribution: TBD (based on %
of motorized and non-motorized vessels and total project cost)
•Waterways Assistance Program : Funding request based on total project. Match
contribution 50%. Application submittal due on 04/01/2024
•Energy Efficiency community Block Grant: Funding request: $134,990 No
match. Application submittal 04/30/2024
HIGHLIGHTS FY24
403
404
Team Members (Community Improvement Division)
RJ Ramirez– Community Improvement Manager (3 YRS)
Chris Mitchell– Construction Coordinator (28 YRS 11 MO)
32 Combined
Years of Service
405
Community Improvement Division
DIVISION MISSION STATEMENT: To improve the quality of life in the City of Boynton
Beach by strengthening our neighborhoods through successful housing rehabilitation
efforts, homeownership, and community focused human services.
DIVISION SERVICES TO THE COMMUNITY:
Housing Programs
o Purchase Assistance Program
o Housing Rehabilitation Program
o Emergency Rehabilitation for the Elderly and/or Disable
o Disaster Assistance in the event of a declared disaster
o Rapid Re-housing for homeless individuals
Provide Social Services through Non-profit agencies
o Fair Housing Education Workshops and Legal advise for tenant facing unlawful discrimination
o Elder Care programs including food and Nutritional education and Social Activities
o Self-Sufficient and financial Literacy Educational programs
Public Facilities and Improvement
o Airnasium at Hester Center Improvements
Acquisition of Property for Affordable Housing Purposes
o Affordable Rental Units for the Elderly through a non-profit Developer
406
Team Members(Materials and Distribution)
Michael Dauta – Division Director (25 YRS)
Jen Paciello – Supervisor (17 YRS 3 MO)
Michael Johnson – Inventory Control Specialist III (17 YRS 5 MO)
Rob Johnson – Service Writer (3 YRS 10 MO)
Mike Brosofske – Parts Expediter (1 YR 10 MO)
Francisco Latino – Senior Storekeeper (1 MO)
67 Combined
Years of Service
407
408
Services Provided to
City Departments
•Surplus
•Record Storage
•Uniforms (Police, Fire and General
Employees)
•Fleet Tires
•Amazon Management
•ODP and Staples
•Credit Card Program
•Entry of Fixed Assets
•After Hours Emergency Response
•Special Orders of Non-Stocked
Items
•Daily Deliveries to all City
Departments
•Post Office Mail Run Daily
•Warehouse Inventory
Warehouse Inventory
Commodities
•Hurricane and Pandemic
•Tires
•Safety
•Medical
•Uniforms
•Police Gear
•Hardware
•Janitorial
•SCH 40 & 80 PVC
•Irrigation
•Utility Brass
•Utility Pipe
•Electrical
•Street Signs
409
Contracts Managed by
our Department
•Utility Brass and Accessories
•Utility Underground Pipe and
Accessories
•Amazon
•Medical Contracts with Boundtree,
Henry Schein, Quadmed and
McKesson
•New Tires (Easy Pay Tire)
•Lift Station Electrical Components
•Galls (Uniforms for Police and Fire)
•Embroidery and Silk Screening
•Grainger (Hardware and Electrical)
•Graybar (Electrical)
•HD Supply (Hardware and Janitorial)
•Home Depot Pro (Janitorial)
•Imperial Dade (Janitorial)
•MSC Industrial (Hardware)
•ODP (Office Supplies)
•Document Shredding
•Staples (Office Supplies)
•Recap Tires (PRIDE)
•Zoll (Medical AED)
•Flags (RESPECT)
•Shipping (FedEx)
•Fleet Large Truck Service
410
Inventory and Special Order
Figures
•Year End Inventory Count - Zero discrepancies since
2012
•40,230 total inventory orders fulfilled in FY 22-23
•$2,068,317.90 issued for the year
•$51.41 an order
•7,075 special orders fulfilled in FY 22-23
•$1,597,703.22 total for the year
•$225.82 an order
•11,561 invoices processed in FY 22-23
•1,234 new assets entered in FY 22-23
•Totaling $30,554,438.71
411
412
End of
Presentation
413
City of Boynton Beach
Agenda Item Request Form
12.A
Legal
02/20/2024
Meeting Date: 02/20/2024
Proposed Ordinance No. 24-006- First Reading- An ordinance of the City of Boynton
Beach repealing Ordinances O#37, O#47, and O#136 related to segregation.
Requested Action: Staff recommends approval of Proposed Ordinance No. 24-006 on First
Reading.
Explanation of Request: On February 20, 1924, Commissioners for the Town of Boynton
Beach (n/k/a City of Boynton Beach) approved Ordinance No. 37, establishing and setting
apart in said Town separate residential limits or districts for white and African American
residents. On November 18, 1924, Commissioners for the Town of Boynton Beach (n/k/a City
of Boynton Beach) approved Ordinance No. 47 extending and defining the boundaries of the
separate residential limits or districts. On November 21, 1933, Commissioners for the Town of
Boynton Beach (n/k/a City of Boynton Beach) approved Ordinance No. 136 regulating the use
of the public streets, parks, public, and other places in the Town of Boynton Beach by persons
over the age of eighteen years.
All human beings are born free and equal in dignity and rights, and all citizens and residents of
the City of Boynton Beach should be entitled to all the rights and freedoms of the United
States, without distinction of any kind, in particular as to race, color, or national origin.
Additionally, all human beings are equal before the law and are entitled to equal protection of
the law against any discrimination and against any incitement to discrimination. The City is
resolved to adopt all necessary measures for speedily eliminating racial discrimination in all its
forms and manifestations and to prevent and combat racist doctrines and practices in order to
promote understanding between races and to build a community free from all forms of racial
segregation and racial discrimination. The aforementioned ordinances are not the policy of the
City of Boynton Beach, and therefore, it is in the best interest of the community to repeal these
ordinances.
How will this affect city programs or services? There will be no impact to City programs or
services by repealing these Ordinances.
Fiscal Impact: No fiscal impact in repealing these ordinances.
Attachments:
24-006 Repealing_Ordinances_37__47_and_136__segregation__-_Ord__R.1.22.24_-
FInal.docx
O#37.pdf
414
O#47.pdf
O#136.pdf
415
ORDINANCE NO. 24-0061
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 2
REPEALING ORDINANCES O#37; O#47 AND O#136 AND ANY 3
AMENDMENTS THEREAFTER WHICH ESTABLISHED AND REVISED 4
SEGREGATION IN THE CITY OF BOYNTON BEACH; PROVIDING FOR 5
CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE.6
7
WHEREAS,on February 20, 1924, Commissioners for the Town of Boynton Beach (n/k/a 8
City of Boynton Beach) approved Ordinance No. 37, establishing and setting apart in said Town 9
separate residential limits or districts for white and African American residents; and 10
WHEREAS, on November 18, 1924, Commissioners for the Town of Boynton Beach 11
(n/k/a City of Boynton Beach) approved Ordinance No. 47 extending and defining the 12
boundaries of the separate residential limits or districts; and13
WHEREAS,on November 21, 1933, Commissioners for the Town of Boynton Beach 14
(n/k/a City of Boynton Beach) approved Ordinance No. 136 regulating the use of the public 15
streets, parks, public, and other places in the Town of Boynton Beach by persons over the age 16
of eighteen years; and17
WHEREAS,all human beings are born free and equal in dignity and rights, and all 18
citizens and residents of the City of Boynton Beach should be entitled to all the rights and 19
freedoms of the United States, without distinction of any kind, in particular as to race, color, or 20
national origin; and21
WHEREAS,all human beings are equal before the law and are entitled to equal 22
protection of the law against any discrimination and against any incitement to discrimination; 23
and24
WHEREAS,the City Commission condemns all practices of segregation and 25
discrimination in whatever form and wherever they exist; and26
WHEREAS,the City Commission finds that discrimination on the basis of race, color, or 27
ethnic origin is an obstacle to friendly and peaceful relations and disturbs peace and security 28
among people and the harmony of persons living side by side in the community; and29
WHEREAS, the City Commission is resolved to adopt all necessary measures for 30
speedily eliminating racial discrimination in all its forms and manifestations and to prevent and 31
416
combat racist doctrines and practices in order to promote understanding between races and 32
to build a community free from all forms of racial segregation and racial discrimination; and33
WHEREAS,due to the offensive and improper nature of said Ordinances, which 34
purports to require persons of African descent to reside in a particular district of the City of 35
Boynton Beach and not elsewhere, the City Commission deems it in the best interest of the 36
citizens and residents of the City of Boynton Beach to make it abundantly clear that said 37
Ordinances are not the policy of the City of Boynton Beach; and 38
WHEREAS,the City Commission finds the repeal of Ordinances Nos. O#37, O#47, and 39
O#136, and any amendments thereafter, are in the best interest of the citizens and residents 40
of the City of Boynton Beach.41
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 42
BOYNTON BEACH, FLORIDA, THAT:43
Section 1.The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 44
being true and correct and are hereby incorporated herein and made a part hereof.45
Section 2.The City Commission of the City of Boynton Beach hereby repeals 46
Ordinances Nos. O#37, O#47, and O#136 and any amendments thereafter.47
Section 3.The appropriate members of the City staff are hereby authorized to take 48
any and all steps necessary to effectuate the intent of this Ordinance. 49
Section 4.All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions50
in conflict herewith be, and the same are hereby repealed to the extent of such conflict.51
Section 5.If any clause, section, or other part or application of this Ordinance shall 52
be held by any court of competent jurisdiction to be unconstitutional or invalid, such 53
unconstitutional or invalid part or application shall be considered as eliminated and so not affect 54
the validity of the remaining portions or applications remaining in full force and effect.55
Section 6.This Ordinance shall become effective on immediately upon passage. 56
57
417
FIRST READING this _____ day of February, 2024.58
SECOND, FINAL READING AND PASSAGE this _____day of __________, 2024.59
60
CITY OF BOYNTON BEACH, FLORIDA61
YES NO62
63
Mayor – Ty Penserga __________64
65
Vice Mayor – Thomas Turkin __________66
67
Commissioner – Angela Cruz __________68
69
Commissioner – Woodrow L. Hay __________70
71
Commissioner – Aimee Kelley __________72
73
VOTE ______74
75
76
77
ATTEST:78
79
___________________________________________________________80
Maylee De Jesús, MPA, MMC Ty Penserga81
City Clerk Mayor82
83
APPROVED AS TO FORM:84
(Corporate Seal)85
86
_______________________________87
Shawna G. Lamb88
City Attorney89
90
91
418
419
420
421
422
423
424
425
Comcast Addendum
2.11.24 (SRW)
1
ADDENDUM TO COMCAST ENTERPRISE SERVICES MASTER SERVICES AGREEMENT
The terms and conditions of this Addendum shall govern and control the terms and conditions of the Comcast
Enterprise Services Master Services Agreement (“Agreement”) between the City of Boynton Beach (“City”) and Comcast
Cable Communications Management, LLC and its operating affiliates (“Vendor”) executed simultaneously herewith.
1. Payment. All payment deadlines set forth in Article 3 of the Agreement are hereby modified to be 45 days. Payment of
all fees and charges will be made within 45 days of receipt of a proper invoice in accordance with the Local Government
Prompt Payment Act, Section 218.70, et al., Florida Statutes, as amended, which provides prompt payment, interest
payments, a dispute resolution process and payments for all purchases be made in a timely manner for properly executed
invoices by local governmental entities.
2. City Indemnification and Sovereign Immunity. The following language is added to the end of Paragraph 6.2:
Notwithstanding anything in this section, Customer is a municipal corporation of the State of Florida and has sovereign
immunity from certain claims under Florida law, including Section 768.28, Florida Statutes. If Customer is required to
indemnify Comcast under this Agreement, the limitations on tort liability under Section 768.28, Florida Statutes, shall be
the applicable limitations for Customer’s indemnific ation obligations under this Agreement, regardless of the nature or
basis of the claim asserted. Except to the extent sovereign immunity may be deemed waived by entering into this
Agreement, nothing herein is intended to serve as a waiver of sovereign immu nity by Customer nor shall anything included
herein be construed as consent by Customer to be sued by third parties in any matter arising out of this Agreement.
3. Confidentiality. Paragraph 7.1 of the Agreement sets forth Confidentiality obligations and defines “Confidential
Information.” The parties recognize that the City is a public entity and therefore any Confidentiality provisions are subject
to the mandates of Chapter 119, Fla. Stat. Therefore, the terms of this Agreement and any information provided by Vendor
to the City may fall within the disclosure requirements of Chapter 119, Fla. Stat. Vendor must clearly label and mark each
page or section of any tangible documents (excluding internet based Confidential Information) provided to the City in
connection with this Agreement that it considers proprietary information or otherwise confidential or exempt from Chapter
119, Fla. Stat. If the City receives a public records request regarding Vendor’s C onfidential Information it will notify
Vendor in writing, or electronically. If Vendor continues to assert in good faith that the information is confidential or
exempt from disclosure pursuant to Chapter 119, Fla Stat., then Vendor shall be solely responsi ble for defending its
position or seeking a judicial declaration. Nothing in this Agreement shall create an obligation or duty for the City to
defend or justify the Vendor’s position. Vendor also agrees to indemnify and hold harmless the City for any award ,
damages, fines, fees, penalties or impositions of whatsoever nature or kind and all costs and fees, including attorney’s fees
incurred by the City in connection with this section. Any requirements in the Agreement that require the City to destroy
Confidential Information upon termination of the Agreement are hereby deemed null and void.
4. Publicity. Paragraph 7.2 regarding publicity is hereby deleted in its entirety.
5. Public Entity Crimes. Vendor represents that the execution of this Agreement will not violate the Public Entity Crimes
Act (Section 287.133, Florida Statutes), and certifies that Vendor and its subcontractors have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services within 36 months from the
date of submitting a proposal for this Agreement or entering into this Agreement. Violation of this section may result in
termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from the City’s
competitive procurement activities.
6. Non-Discrimination. In performing under this Agreement, Vendor shall not discriminate against any person because of
race, color, religion, sex, gender identity or expression, genetic information, national origin, age, familial status, marital
status or sexual orientation.
7. No Contingency. Vendor warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for Vendor, to solic it or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual or firm, other than a bond fide employee working solely for Vendor, any fee,
commission, percentage, gift or any other consideration continge nt upon or resulting from the award or making of this
Agreement. In the event of a breach or violation of this provision by Vendor, the City shall have the right to terminate the
DocuSign Envelope ID: A916CD19-DB59-4F56-A09A-9148D0F60413
206426
Comcast Addendum
2.11.24 (SRW)
2
Agreement without liability and, at its discretion, to deduct from the Fee, o r otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.
8. Public Records. Vendor shall comply with Chapter 119, Florida Statutes, regarding public records. Vendor shall k eep
and maintain all documents, records, correspondence, computer files, emails, and/or reports prepared in order to perform
the work under this Agreement. A request to inspect or copy public records relating to this Agreement must be made
directly to the City. If the City does not possess the requested records, the City shall immediately notify the Vendor of the
request, and the Vendor shall provide the records to the City or allow the records to be inspected or copied within a
reasonable time at the cost that would not exceed the cost allowed by law. All records stored electronically must be
provided to the City, upon request, in a format that is compatible with the information technology systems of the City.
Upon completion of the Agreement, Vendor shall transfer, at no cost, to the City all public records in possession of Vendor
and shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. Vendor shall ensure that public records that are exempt or confidential and exempt fr om public records
disclosure are not disclosed. Failure of the Vendor to provide public records to the City within a reasonable time or
allowable cost may be subject to penalties under Sec. 119.10, Fla. Stat., and may be cause for termination of this Agreement
by the City, in addition to any other remedies available under this Agreement or by law.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY
CLERK, WHO IS THE CITY’S CUSTODIAN OF PUBLIC RECORDS, AT:
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk@bbfl.us
9. Prohibited Telecommunications Equipment. Vendor represents and certifies that Vendor and all subcontractors do not
use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§
52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all subcontractors shall not provide or use
such covered telecommunications equipment, system, or services during the term.
10. Governing Law. Notwithstanding any other choice of law provision in the Agreement, Florida law shall govern any
claim or defense relating to Customer’s public records obligations or sovereign immunity as a municipal corporation of
the State of Florida.
11. Public Entity Crimes. Vendor represents that the execution of this Agreement will not violate the Public Entity Crimes
Act (Section 287.133, Florida Statutes), and certifies that Vendor and its subcontractors have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services within 36 months from the
date of submitting a proposal for this Agreement or entering into this Agreement. Violation of this section may result in
termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from the City’s
competitive procurement activities.
12. Scrutinized Companies Lists. Pursuant to Fla. Stat. Sec. 287.135, Contractor represents that Vendor is not on the
Scrutinized Companies that Boycott Israel List, maintained by the State of Florida, and is not engaged in a boycott of
Israel. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and
may result in debarment from City's competitive procurement activities.
13. Non-Appropriation of Funding. This Agreement is expressly conditioned upon the availability of funds lawfully
appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for
this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in
DocuSign Envelope ID: A916CD19-DB59-4F56-A09A-9148D0F60413
207427
Comcast Addendum
2.11.24 (SRW)
3
this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be
executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to
finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24)
hours’ notice to Vendor. The City shall be the sole and final authority as to the availability of funds.
14. Controlling Provisions. Except as otherwise specifically provided herein, in the event of any conflict between the
specific provisions of this Addendum and Vendor’s Agreement, the provisions shall be given precedence in the following
order: (1) this Addendum and (2) Vendor’s Agreement. Wherever possible, the provisions of the do cuments shall be
construed in such manner as to avoid conflicts between provisions of the various documents.
15. Verification of Employment Eligibility. Vendor represents that Vendor and each subcontractor have registered with
and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work
authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes,
and that entry into this Agreement will not violate that statute. If Vendor violates this section, City may immediately
terminate this Agreement for cause and Vendor shall be liable for all costs incurred by City due to the termination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum as of the day and year last
indicated below.
VENDOR
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC
By: _____________________________________
Name: __________________________________
Title: ____________________________________
CITY OF BOYNTON BEACH
By: ____________________________________
Daniel Dugger, City Manager
Date: _______________________, 2024
Attest: __________________________________
City Clerk
City Attorney’s Office
Approved as to form and legality
By: _______________________
DocuSign Envelope ID: A916CD19-DB59-4F56-A09A-9148D0F60413
Rich Rollins
VP of Business Service, Florida Region
208428