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Agenda 02-10-261.Call to Order 2.Invocation 3.Pledge of Allegiance 4.Roll Call 5.Agenda Approval 6.Legal 7.Informational Items and Disclosures by Board Members and CRA Staff: 8.Information Only A.Circuit Transit Inc. 7th Quarterly Report for Service Dated October 1, 2025 - December 31, 2025 B.Neighborhood Officer Program 1st Quarter Report for FY 2025-2026 C.CRA Economic & Business Development Grant Program Update D.Social Media & Print Marketing Update E.Social Media Outreach Program 1st Quarter Report for FY 2025-2026 (October 2025 - December 2025) Community Redevelopment Agency Board Meeting Tuesday, February 10, 2026 - 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and Online Meeting 561-737-3256 AGENDA The regularly scheduled February 10, 2026, CRA Board Meeting will start at a time not certain, but following as soon thereafter, the conclusion of the City of Boynton Beach Commission Special Meeting. A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda 1 F.Bond Funding for Property Acquisition 9.Announcements and Awards 10.Public Comments 11.Consent Agenda A.CRA Financial Report Period Ending December 31, 2025 B.CRA Financial Report Period Ending January 31, 2026 C.Approval of the CRA Board Meeting Minutes for December 9, 2025 D.Approval of the Joint CRA Board/City of Boynton Beach Meeting Minutes for January 8, 2026 E.Approval of the CRA Board Meeting Minutes for January 8, 2026 F.Approval of the Renewal Letter to Amendment No. 1 to the Agreement for On- Demand Transportation Service with Circuit Transit Inc. G.Approval of the Renewal Letter to the First Amendment to the Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Contract with Circuit Transit Inc. for the CRA Pilot Ride Share Program H.Approval of Waiver to the Purchase and Development Agreement with Pulte Home Company, LLC for the Cottage District Infill Housing Redevelopment Project I.Approval of the Commercial Property Improvement Grant Program in the Amount of $25,000 to A&A Investments located at 332 W. Boynton Beach Boulevard J.Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $19,200 to Second Rodeo Hospitality LLC d/b/a Second Rodeo located in Ocean Plaza at 640 E. Ocean Avenue, Unit 5-6 K.Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $18,806.28 to Hope Pool and Spa LLC located at 1220 W. Industrial Avenue, Unit 5 L.Approval of Increase in Design Fees for the Commercial Property Improvement Grant Program in the Amount of $137.50 to Xpedited Health LLC located in the Heart of Boynton Shops at 137 NE 10th Avenue, Unit 102 The public comment section of the meeting is for public comment on ALL items on the agenda or items that are not on the agenda. Each speaker will be given a total of three (3) minutes to comment on all items on the agenda; however, the Board retains the right to increase or decrease the three-minute limit prior to the start of public comment. Each public speaker shall be given the same number of minutes unless it becomes necessary to terminate a speaker ’s comments in order to maintain orderly conduct and proper decorum in the public meeting. Persons making public comment may not assign or donate their public comment time to another individual to allow that other individual additional time to comment; however, any persons requiring assistance will be accommodated as required by the Americans with Disabilities Act. Prior to addressing the Board, speakers present at the meeting will go to the podium to make their comments and speakers participating virtually will unmute their device at the time requested. Speakers may be asked to state their name address for the record. Any person may provide written comment(s) to the Board prior to the Board meeting. 2 M.Approval of the Increase in Design Fees and Waiver for the Proof of Payment Date for the Commercial Property Improvement Grant Program in the Amount of $2,806 to Forward Leaders Group, LLC d/b/a Big John's To-Go located in Heart of Boynton Shops at 137 NE 10th Avenue, Unit 105 N.Approval of the Commercial Business Marketing Grant Program in the amount of $2,500 to Shiny Touch Nails located in Ocean Palm Plaza at 1550 N. Federal Highway, #15, Boynton Beach, FL 33435 12.Pulled Consent Agenda Items 13.CRA Advisory Board A.Pending Assignments - Assignments from the CRA Board Assigned at the February 13, 2024 and the January 14, 2025 CRA Monthly Board Meetings B.Reports on Pending Assignments 14.Old Business A.Heart of Boynton Shops Project Update B.Continued Discussion and Consideration of Marina Waitlist Policy and Forms C.Discussion and Consideration of Direction and Assignments for CRA Advisory Board D.Continued Discussion and Approval of the Purchase of the 13 Parcel Assemblage located at 444 W. Boynton Beach Boulevard E.Continued Discussion and Consideration of Budget Reallocation for the Purchase of the 13 Parcel Assemblage located at 444 W. Boynton Beach Boulevard 15.New Business A.Discussion and Approval of the Purchase of Property located at 457 NW 1st Avenue B.Discussion and Consideration of Community Input Survey for 480 W. Boynton Beach Blvd. and Surrounding Properties C.Discussion and Consideration of FY 2025-2026 Business Development Promotions 16.Future Agenda Items A.Discussion and Consideration of the Invitation to Negotiate for the Development of Affordable/Workforce Infill Housing Presentations 17.Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD 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 PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) 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. 3 ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. 4 •Attachment I - CRA/Circuit Executed Contract •Attachment II - Exhibit A: Scope of Work •Attachment III - Amendment No. 1 •Attachment IV - Quarter 7 Presentation COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 INFORMATION ONLY AGENDA ITEM 8.A SUBJECT: Circuit Transit Inc. 7th Quarterly Report for Service Dated October 1, 2025 - December 31, 2025 SUMMARY: On February 11, 2025, the CRA Board approved Amendment No. 1 with Circuit Transit Inc. for the CRA ride share program which provides all-electric on-demand transportation servic es (see Attachments I - III). The Scope of Work of the Agreement with Circuit Inc. is summarized below: on-demand ride share service with the exception of fixed routes for special events include the use of two GEM cars and two EV sedans provide service from 10 AM - 8 PM (Sunday-Thursday) and 10 AM - 10 PM (Friday and Saturday) report back to the Board quarterly once the contract begins Per the contract, Circuit is required to report back to the Board quarterly. This presentation will review the seventh quarter data for service between October - December 2025. A Circuit representative will be available to present the report (see Attachment IV). FISCAL IMPACT: FY 2025-2026 Budget, Project Fund, Line Item 02-58500-470, $450,000 for Circuit Contract CRA BOARD OPTIONS: No a ction is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4853-3349-4940, v. 6 EXHIBIT A: SCOPE OF WORK Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work. The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park. The Service to the Beach shall be subject to CRA’s execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones (Zone 1 and Zone 2) covering approximately 1.6 square miles of coverage area as illustrated in Exhibit C (“Service Area”). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA’s execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA, Circuit shall maintain updates to the application, which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 25 4853-3349-4940, v. 6 Section 3: Marketing and Branding A. In coordination with the CRA, Circuit shall develop and implement a branding strategy, which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA. Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise, Circuit will acquire and operate at its own expense no fewer than two (2) GEM vehicles (inclusive of one (1) ADA accessible GEM vehicle) and two (2) EV Sedans as part of this Service. The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement, Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders, unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing. Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit’s use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage, charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 26 4853-3349-4940, v. 6 i. At Circuit’s sole cost, Circuit shall maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti, vandalism, defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non -operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit’s lack of diligence, the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit. Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers. Circuit shall obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver’s driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service (LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit’s principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA’ s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein, any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit’s Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit’s Representative has full right, power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty (30) days prior to the special event and may include a request the establishment 27 4853-3349-4940, v. 6 of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of $34.97 plus the actual cost to transport the vehicle(s) to the requested location , which will be agreed to by the parties in writing, prior to transportation. Section 7. Trip Sharing A. Drivers shall be permitted to transport more than one (1) party but no more than five (5) parties in GEM vehicles and four (4) parties in the E-Sedan under the following conditions: i. The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty (60) hours each week (“Vehicle Hours”) . The cost per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B. The Vehicle Hours shall occur within the following schedule: 28 4853-3349-4940, v. 6 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA’s annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request, Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports, the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement, Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 29 4853-3349-4940, v. 6 advertisement design, production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month, which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement, commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle “wraps” (collectively “Advertising”) must conform to the following criteria: i. Defamatory Advertising. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product, or company. ii. Advertising Condoning Criminal Conduct. No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising. No Advertising shall displace false or misleading information, intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco, Firearms, and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes, laws, ordinances, rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services, as follows: 30 4853-3349-4940, v. 6 i. For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2: $2:00 for each rider. If the rider is part of a group, $2.00 for the initial rider and $1.00 for each additional rider within the group. B. Circuit shall credit the CRA’s monthly invoice for each Zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 31 32 33 ATTACHMENT 1 AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICE by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY and CIRCUIT TRANSIT, INC. 34                                    35                                                 36                                                37                                    38                                                39                                                 40                                              41                                        42                                                43                                               44                                             45                                               46                                                     47                                            48                                                      49                                            50            51           52                                                           53 City-Wide Micro-Transit Services 1 of 18 PROFESSIONAL SERVICES CONTRACT FOR OPERATION OF CITYWIDE MICRO-TRANSIT SERVICES THIS CONTRACT is being entered into this 1st day of July, 2023 (the “Effective Date”) by and between the City Of Hollywood (hereinafter the “City”), a municipal corporation of the State of Florida and Circuit Transit Inc. (hereinafter the “Company”), a corporation organized and existing under the laws of the State of Florida, having its principal office at 501 East Las Olas, Suite 300, Fort Lauderdale, Florida SECTION A – Contract Overview A-1 Summary of Contract (a)The subject matter of this Contract is to provide the vehicles, operate and manage a micro-transit service in the Service Area as defined in and Exhibits “A” (Scope of Work) and Exhibit “B” - RFP-045-23-SK- CITYWIDE MICRO-TRANSIT SERVICES, Exhibit “D” (Service Areas”), and Exhibit E, which sets forth the terms and conditions for the performance of services described herein, and the execution hereof by the parties hereto forms a legally binding contract. In the event of a conflict, the City’s RFP Documents shall prevail unless otherwise stated in this Contract. (b)The Contract type is: This is a Non-Exclusive Contract. (c)The following documents are hereby incorporated into this Contract: (i)Exhibit “A” – Statement of Work (ii)Exhibit “B” - RFP-045-23-SK - Citywide Micro-Transit Services (iii)Exhibit “C” - Company’s Proposal (iv)Exhibit “D” - Service Areas (v)Exhibit "E" - Pricing A-2 Contract Amount The Contract Amount shall not exceed $1,128,942.00 USD for the performance period. A-3 Performance Period (a)The performance period commences from Effective Date and continues for a period of 12 months. This Agreement may be renewed by the parties for three one-year periods upon mutual agreement of the parties and said renewal shall be in writing in accordance with Section D-13 of this Contract. SECTION B – Statement of Work B-1 Statement of Work (a)Services will be provided in accordance with the Statement of Work set forth in Exhibits “A” “B”, “C”, ”D” and “E”, SECTION C – Special Conditions C-1 Project Manager/Company Representative (a)The City designates Mark L. Johnson as the Project Manager for this Contract, who may be contacted at: mjohnson@hollywoodfl.org or (954) 921-3991 The City will provide written notice to the Company should there be a subsequent Project Manager change. The Project Manager will be the Company’s principal point of contact at the City regarding any matters relating to this Contract, will provide all general direction to the Company regarding Contract performance, and will provide guidance regarding the City’s goals and policies. The Project Manager is not authorized to waive or modify any material scope of work changes or terms of the Contract. (b)The Company designates Jason Bagley as the Company Representative for this Contract, who may be contacted at jason@ridecircuit.com The Company will provide written notice to the City should there be a subsequent Company                            EXHIBIT C: Piggybacked Agreement 54 City-Wide Micro-Transit Services 2 of 18 Representative change. The City has the right to assume that the Company Representative has full authority to act for the Company on all matters arising under or relating to this Contract. C-2 Pricing and Payment (a) Payment. Payment to the Company will be made only for the actual Services performed and accepted by the City, upon receipt of an invoice submitted in accordance with Section C-4, “Invoices”. (b) The City will pay the Company in accordance with the pricing set forth in Exhibit “E” – Pricing to this Contract. (a) Reimbursable Travel Expenses. There are no reimbursable travel expenses payable under this Contract. C-3 Pricing Revisions Costing adjustments shall be governed by Exhibit “B”, Section 1.70 and as set forth below: (a) For the term of this Contract, pricing may be revised for the reason(s) set forth below: ● Change in minimum wage ● Approved decision to add additional cars ● Approved decision to adjust the number of service hours ● Approved decision to add, adjust or modify additional services that increases costs for the Company (b) Each pricing revision permitted herein must be approved in writing by the Project Manager and, if approved, shall become effective thirty (30) days after notice of the change has been received by the City, or on such earlier or later date as may be agreed upon by the parties. However, any pricing changes will be governed by the City’s Purchasing Ordinance and dependent upon the revisions, City Commission approval may be required. (c) Any pricing revision permitted pursuant to this section may be delayed or denied if the Company fails to submit a timely request or fails to provide adequate documentation in support thereof. (d) Any approved pricing revision is not retroactive, and any invoice pending on the date of approval of the pricing revision shall be paid on the basis of the pricing in effect on the date services were provided. C-4 Invoices (a) The Company will submit a monthly detailed invoice to the City, in a format to be defined by the Project Manager as negotiated with Company. Each invoice shall contain the following information: (i) the date of the invoice and invoice number; (ii) the purchase order number; (iii) the Contract Item(s) according to Exhibit E – Pricing against which charges are made; and, (iv) performance dates covered by the invoice. (v) service credits offered from advertising dollars received by Company (vi) Net revenue credits received by the Company Upon reconciliation of all errors, corrections, credits, and disputes, payment to the Company will be made in full within 30 calendar days. Invoices received without a valid purchase order number will be returned unpaid. The Company shall submit the original invoice to: accountspayable@hollywoodfl.org or mail them to: City of Hollywood Accounts Payable, Room 119 P.O. Box 2229045 Hollywood, FL 33022-9045 (b) The Company shall forward a copy of the invoice to the Project Manager, with the following items:                            55 City-Wide Micro-Transit Services 3 of 18 (i) receipts for any Reimbursable Travel Expenses, if applicable, associated with the invoice; and (ii) copy of the applicable Deliverable associated with the invoice C-5 Insurance (a) The Company shall procure and maintain, at its own expense, during the entire term of the Contract, the insurance coverages as identified in Exhibit “B”, Section 3.17: (b) The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this contract. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this contract. The City must be provided a signed statement from insurance agency of record that the full policy contains no such exception. Submit certificates of insurance to: City of Hollywood Department of Development Services P.O. Box 2229045 Hollywood, FL 33022-9045 A certified, true and exact copy of each of the project specific insurance policies (including renewal policies) required under this Section C-5 shall be provided to the City if so requested. (c) The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer and licensed by the State of Florida and the company or companies must maintain a minimum rating of A-VII, as assigned by the A.M. Best Company. (d) If the Company fails to carry the required insurance, the City may (i) order the Company to stop further performance hereunder, declare the Company in breach, pursuant to Section C-6, terminate the Contract if the breach is not remedied and, if permitted, assess liquidated damages, or (ii) purchase replacement insurance and withhold the costs or premium payments made from the payments due to the Company or charge the replacement insurance costs back to the Company. (e) Any subcontractor or sub consultant approved by the City shall be required to procure, maintain and submit proof of insurance to the City of the same insurance requirements as specified above, and as required in this paragraph. (f) The Company is encouraged to purchase any additional insurance it deems necessary. (g) The Company is required to make its best efforts to remedy all injuries to persons and damage or loss to any property of the City caused in whole or in part by the Company, its subcontractors or anyone employed, directed or supervised by the Company. C-6 Warranty – Services The Company warrants that the services shall be performed in full conformity with this Contract and Exhibits “A” and “B”, with the professional skill and care that would be exercised by those who perform similar services in the commercial marketplace, and in accordance with accepted industry practice. In the event of a breach of this warranty, or in the event of non-performance or failure of the Company to perform the services in accordance with this Contract, the Company shall, at no cost to the City, re-perform or perform the services so that the services conform to the warranty. However, if Company fails to perform, City may terminate this Agreement with or without cause consistent with Exhibit “A”.                            56 City-Wide Micro-Transit Services 4 of 18 SECTION D – General Conditions D-1 Legal Notice (a) All legal notices required pursuant to the terms and conditions of this Contract shall be in writing unless an emergency situation dictates otherwise. Any notice required to be given under the terms of this Contract shall be deemed to have been given when (i) received by the party to whom it is directed by hand delivery or personal service, (ii) transmitted by facsimile with confirmation of transmission, (iii) transmitted by email with confirmation of receipt by addressee, or (iv) sent by U.S. mail via certified mail-return receipt requested at the following addresses: FOR THE CITY: Project Manager City of Hollywood 2600 Hollywood Blvd., Rm. 308 Hollywood, FL 33020 WITH A COPY TO: City Attorney City of Hollywood 2600 Hollywood Blvd., Rm. 407 Hollywood, FL 33020 FOR THE COMPANY: James Mirras Circuit Transit Inc. 501 East Las Olas Suite 300 Fort Lauderdale, FL 33301 (b) The parties shall provide written notification of any change in the information stated above. (c) An original signed copy, via U. S. Mail, shall follow facsimile transmissions. (d) For purposes of this Contract, legal notice shall be required for all matters involving potential termination actions, litigation, indemnification, and unresolved disputes. This does not preclude legal notice for any other actions having a material impact on the Contract. (e) Routine correspondence should be directed to the Project Manager or the Company Representative, as appropriate. D-2 Notice of Delay (a) If timely performance by the Company is jeopardized by the non-availability of City provided personnel, data, or equipment, the Company shall notify the City immediately in writing of the facts and circumstances causing such delay. Upon receipt of this notification, the City will advise the Company in writing of the action which will be taken to remedy the situation. (b) The Company shall advise the City in writing of an impending failure to meet established milestones or delivery dates based on the Company’s failure to perform. Notice shall be provided as soon as the Company is aware of the situation; however, such notice shall not relieve the Company from any existing obligations regarding performance or delivery. D-3 Termination for Convenience The City shall have the right at any time to terminate further performance of this Contract, in whole or in part, for any reason whatsoever (including no reason) within 120-days notice and as more specifically set forth in Exhibit “B”. Such termination shall be effected by written notice from the City to the Company specifying the extent and effective date of the termination. On the effective date of the termination, the Company shall terminate all work and take all reasonable actions to mitigate expenses. The Company shall submit a written request for incurred costs for services performed through the date of termination and shall provide any substantiating documentation requested by the City. In the event of such termination, the                            57 City-Wide Micro-Transit Services 5 of 18 City agrees to pay the Company within thirty (30) days after receipt of a correct, adequately documented written request. The City’s sole liability under this Section is for payment of costs for services requested by the City and actually performed by the Company. D-4 Event of Default (a) If, during the term of this Contract, the Company (i) fails to deliver services that comply with the specifications, (ii) fails to deliver the services within the time specified in in this Contract including Exhibit “A” (iii) fails to make progress so as to endanger the performance of this Contract, (iv) becomes insolvent, bankrupt or makes an assignment for the benefit of creditors, or if a receiver or trustee in bankruptcy is appointed for the Company, or if any proceeding in bankruptcy, receivership, or liquidation is instituted against the Company and is not dismissed within 30 days following commencement thereof, or (v) fails to perform any of the other obligation or requirement of this Contract, then any of the aforementioned failures shall constitute an “Event of Default” under this Contract. Events of Default shall also include those items set forth in Exhibit “B” specifically Section 1.63. (b) If there occurs an Event of Default, the Company shall be entitled to 10 calendar days from written notice thereof to remedy the Event of Default, provided, however, such is capable of being remedied within that period. If the Event of Default can be remedied, but the remedy cannot be completed within the ten-day period, the Company may be allowed such additional time as may be reasonably necessary to remedy the Event of Default, provided, however, the remedy is commenced within the 10 day period and is diligently pursued to completion. If the Event of Default is incapable of remediation, or is not remedied as required herein, the City may, in addition to any other remedies available in law or equity, invoke any of the remedies provided for under Section D-5, “Termination for Default”, below and as set forth in Exhibit “B” Section 1.64. D-5 Termination for Default (a) If the Event of Default is not remedied as required pursuant to Section D-4, “Event of Default”, the City may, by written notice to the Company pursuant to Section D-1, “Legal Notice”, terminate this Contract in whole or in part. (b) If this Contract is terminated in whole or in part because the Company has failed to provide services in compliance with the specifications by the deadline of remediation period, the City may acquire, under reasonable terms and in a manner it considers appropriate, replacement goods that are comparable to the services that the Company failed to deliver to the City, and the Company shall be liable to the City for any excess costs related thereto. If the City terminates this Contract only in part, the Company shall continue to perform the un-terminated obligations or portions of this Contract. (c) Force Majeure. This Contract shall be governed by the Force Majeure provision in Exhibit “B”, Section 7.34. (d) The City retains the right to terminate for default immediately if the Company fails to maintain the required levels of insurance, fails to comply with applicable local, state, and Federal statutes governing performance of these services, or fails to comply with statutes involving health or safety. D-6 Limitation of Funding Company acknowledges that the obligation of City to pay Company is limited to the availability of funds appropriated in a current fiscal year period, and continuation of Contract into a subsequent fiscal year is subject to the appropriation of funds, unless otherwise authorized by law. The City reserves the right to reduce estimated or actual quantities, in whatever amount necessary, without prejudice or liability to the City, if funding is not available or if legal restrictions are placed upon the expenditure of monies for the services required under this Contract. In the event of a decrease or limitation in funding the Company reserves the right to reduce service levels or suspend service as needed. D-7 Changes – Fixed-Price Goods or Services (a) The City may at any time, , and without notice to the sureties, if any, request changes within the general scope of this Contract in any one or more of the following: (i) Description of services to be performed or goods to be provided including types of vehicles and number of vehicles. (ii) Time of performance (i.e., hours of the day, days of the week, etc.). (iii) Place of performance of the services.                            58 City-Wide Micro-Transit Services 6 of 18 (iv) Time or place of delivery of goods (b) Upon written mutual agreement, Company and the City will determine the appropriate adjustment(s) to the services. (c) Any change to the cost of services will be based upon the schedule in Exhibit E: Pricing as determined by types of vehicles, number of vehicles and operating hours. (d) The Company must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order; however, if the City decides that the facts justify, the City may receive and act upon a proposal submitted before final payment of the Contract. (e) If the mutually agreed adjustment includes the cost of property made obsolete or excess by the change, the City shall have the right to prescribe the manner of the disposition of the property. (f) The Company shall provide current, complete, and accurate documentation to the City in support of any request for equitable adjustment. Failure to provide adequate documentation, within a reasonable time after a request from the City, will be deemed a waiver of the Company’s right to dispute the equitable adjustment proposed by the City, where such equitable adjustment has a reasonable basis at the time it is determined by the City. D-8 Entire Contract, Section and Paragraph Headings (a) This Contract, including all Exhibits, represents the entire and integrated agreement between the City and the Company. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Contract. (b) The section and paragraph headings appearing in this Contract are inserted for the purpose of convenience and ready reference. They do not purport to define, limit or extend the scope or intent of the language of the sections and paragraphs to which they pertain. D-9 Severability The invalidity, illegality, or unenforceability of any provision of this Contract or the occurrence of any event rendering any portion or provision of this Contract void shall in no way affect the validity or enforceability of any other portion or provision of this Contract. Any void provision shall be deemed severed from this Contract, and the balance of this Contract shall be construed and enforced as if this Contract did not contain the particular portion or provision held to be void. The parties further agree to amend this Contract 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 clause shall not prevent this entire Contract from being void should a provision which is of the essence of this Contract be determined void. D-10 Waiver Waiver of any of the terms of this Contract shall not be valid unless it is in writing signed by each party. The failure of the City to enforce any of the provisions of this Contract, or to require performance of any of the provisions herein, shall not in any way be construed as a waiver of such provisions or to affect the validity of any part of this Contract, or to affect the right of the City to thereafter enforce each and every provision of this Contract. Waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach of this Contract. D-11 Modification/Amendment This Contract shall not be modified or amended except by the express written agreement of the parties, signed by a duly authorized representative for each party. Any other attempt to modify or amend this Contract shall be null and void and may not be relied upon by either party. D-12 Assignment Neither party may assign their rights nor delegate their duties under this Contract without the written consent of the other party. Such consent shall not be withheld unreasonably. Any assignment or delegation shall not relieve any party of its obligations under this Contract. D-13 Indemnification In addition to the insurance requirements set forth in Section C-5, “Insurance”, the Company shall protect, indemnify and hold harmless the City, its officers, employees, agents, and consultants (collectively herein the “City”) from any and all                            59 City-Wide Micro-Transit Services 7 of 18 claims, liabilities, damages, losses, suits, actions, decrees, and judgments including, attorney's fees, court costs or other expenses of any and every kind or character (collectively herein the “Liabilities”) which may be recovered from or sought against the City, as a result of, by reason of, or as a consequence of, any intentional, wrongful or negligent act or omission, on the part of the Company, its officers, employees, or agents in the performance of the terms, conditions and covenants of the Contract, regardless of whether the Liabilities were caused in part by the City. This provision includes the indemnity requirements set forth in Exhibit “A”, Section 1.46. The provisions and obligations under this section shall survive the expiration or earlier termination of this Agreement. Nothing in this Contract shall be construed to affect in any way the City’s rights, privileges, and immunities under the doctrine of “sovereign immunity” and as set forth in Section 768.28, Florida Statutes. It is expressly agreed that the Company shall defend the City against the Liabilities and in the event that the Company fails to do so, the City shall have the right, but not the obligation, to defend the same and to charge all direct and incidental costs, including attorney’s fees and court costs, to the Company. D-14 Patent Indemnity The Company hereby indemnifies and shall defend and hold harmless the City and its representatives respectively from and against all claims, losses, costs, damages, and expenses, including attorney’s fees, incurred by City and its representatives, respectively, as a result of or in connection with any claims or actions based upon infringement or alleged infringement of any patent and arising out of the use of the equipment or materials furnished under the contract by the Company, or out of the processes or actions employed by, or on behalf of the Company in connection with the performance of the Contract. The Company shall, at its sole expense, promptly defend against any such claim or action unless directed otherwise by the City or its representative; provided that the City or its representatives shall have notified the Company upon becoming aware of such claims or actions and provided further that the Company’s aforementioned obligations shall not apply to equipment, materials, or processes furnished or specified by the City or its representatives. Said Patent Indemnity includes the provisions set forth in Exhibit “B”, Section 7.47, Patent and Copyright Indemnification. D-15 Audit of Records (a) In addition to the Audit requirements set forth below, the parties shall be governed by the Audit requirements set forth in Exhibit “B”, Section 7.28, Audit Rights. (b) The Company agrees to maintain the financial books and records (including supporting documentation) pertaining to the performance of this Contract according to standard accounting principles and procedures. The books and records shall be maintained for a period of three years after completion of this Contract, except that books and records which are the subject of an audit finding shall be retained for three years after such finding has been resolved. If the Company goes out of business, the Company shall forward the books and records to the City to be retained by the City for the period of time required herein. (c) The City or its designated representative(s) shall have the right to inspect and audit (including the right to copy and/or transcribe) the books and records of the Company pertaining to the performance of this Contract during normal business hours. The City will provide prior written notice to the Company of the audit and inspection. If the books and records are not located within Broward County, the Company agrees to deliver them to the City, or to an address designated by the City within Broward County. In lieu of such delivery, the Company may elect to reimburse the City for the cost of travel (including transportation, lodging, meals and other related expenses) to inspect and audit the books and records at the Company’s office. If the books and records provided to the City are incomplete, the Company agrees to remedy the deficiency after written notice thereof from the City, and to reimburse the City for any additional costs associated therewith including, without limitation, having to revisit the Company's office. The Company's failure to remedy the deficiency shall constitute a material breach of this Contract. The City shall be entitled to its costs and reasonable attorney fees in enforcing the provisions of this Section. (d) If at any time during the term of this Contract, or at any time after the expiration or termination of the Contract, the City or the City’s designated representative(s) find the dollar liability is less than payments made by the City to the Company, the Company agrees that the difference shall be either: (i) repaid immediately by the Company to the City or (ii) at the City’s option, credited against any future billings due the Company. D-16 Confidentiality – City Information (a) The parties acknowledge that this Contract is subject to Chapter 119, Florida Statutes, entitled the “Public Records Act”.                            60 City-Wide Micro-Transit Services 8 of 18 (b) All information, including but not limited to, oral statements, computer files, databases, and other material or data supplied to the Company is confidential and privileged. The Company shall not disclose this information, nor allow to it be disclosed to any person or entity without the express prior written consent of the City. The Company shall have the right to use any such confidential information only for the purpose of providing the services under this Contract, unless the express prior, written consent of the City is obtained. Upon request by the City, the Company shall promptly return to the City all confidential information supplied by the City, together with all copies and extracts. (c) The confidentiality requirements shall not apply where (i) the information is, at the time of disclosure by the City, then in the public domain; (ii) the information is known to the Company prior to obtaining the same from the City; (iii) the information is obtained by the Company from a third party who did not receive the same directly or indirectly from the City; or (iv) the information is subpoenaed by court order or other legal process, but in such event, the Company shall notify the City. In such event the City, in its sole discretion, may seek to quash such demand. (d) The obligations of confidentiality shall survive the termination of this Contract. D-17 Marketing Restrictions The Company may not publish or sell any information from or about this Contract without the prior written consent of the City. This restriction does not apply to the use of the City’s name in a general list of customers, so long as the list does not represent an express or implied endorsement of the Company or its services. This restriction does not apply to general marketing of the services to promote and inform the public about the services. D-18 Taxes/Compliance with Laws (a) The Company, in the performance of the obligations of this Contract, shall comply with all applicable laws, rules and regulations of all governmental authorities having jurisdiction over the performance of this Contract including, but not limited to, the Federal Occupational Safety and Health Act. D-19 Licenses/Registrations During the entire performance period of this Contract, the Company shall maintain all federal, state, and local licenses, certifications and registrations applicable to the work performed under this Contract, including maintaining an active City of Hollywood business license if required. D-20 Non-Discrimination and Fair Employment Practices (a) Discrimination: The City of Hollywood is committed to promoting full and equal business opportunity for all persons doing business in Hollywood. The Company acknowledges that the City has an obligation to ensure that public funds are not used to subsidize private discrimination. Company recognizes that if the Company or their subcontractors or subconsultants are found guilty by an appropriate authority of refusing to hire or do business with an individual or company due to reasons of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other legally protected status; City may declare the Company in breach of contract and terminate Contract. (b) Fair Employment Practices: In connection with the performance of work under this Contract, the Company agrees not to discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other legally protected status. Such agreement shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (c) The Company further agrees to insert this provision in all subcontracts hereunder. Any violation of such provision by a Company shall constitute a material breach of this Contract. D-21 Employment of Unauthorized Aliens In accordance with the Immigration Reform and Control Act of 1986, the Company agrees that it will not employ unauthorized aliens in the performance of this Contract. D-22 Conforming Services                            61 City-Wide Micro-Transit Services 9 of 18 The services performed under this Contract shall conform in all respects with the requirements set forth in this Contract. The Company shall furnish the City with sufficient data and information needed to determine if the services performed conform to all the requirements of this Contract. D-23 Independent Contractor In the performance of services under this Contract, the Company and any other person employed by it shall be deemed to be an independent contractor and not an agent or employee of the City. The Company shall be liable for the actions of any person, organization or corporation with which it subcontracts to fulfill this Contract. The City shall hold the Company as the sole responsible party for the performance of this Contract. The Company shall maintain complete control over its employees and all of its subcontractors. Nothing contained in this contract or any subcontract awarded by the Company shall create a partnership, joint venture or agency with the City. Neither party shall have the right to obligate or bind the other party in any manner to any third party. D-24 Official, Agent and Employees of the City Not Personally Liable It is agreed by and between the parties of this Contract, that in no event shall any official, officer, employee, or agent of the City in any way be personally liable or responsible for any covenant or agreement therein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this Contract. D-25 Public Records The City is a public agency as defined by state law and is governed by Chapter 119, Florida Statutes, “Public Records Act”. The City’s Records are public records, which are subject to inspection and copying by any person (unless declared by law to be confidential). The following provisions are required by Section 119.0701, Florida Statutes, and may not be amended. Company shall comply with the public records law. Company shall keep and maintain public records required by the City in the performance of services under this Contract. Upon request from City’s custodian of records, Company shall provide City with a copy of any requested public records or to allow the requested public records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Company shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract’s term and following completion of the Contract if Company does not transfer the public records to City. Upon completion of the Contract, Company shall transfer, at no cost, to City, all public records in its possession or keep and maintain public records required by City to perform the services required under this Contract. If Company transfers all of the public records to City upon completion of the Contract, Company shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Company keeps and maintains public records upon completion of the Contract, Company shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the city’s custodian of public records, in a format that is compatible with the information technology systems of the City. IF A PARTY TO THIS CONTRACT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT PATRICIA A. CERNY, CITY CLERK CUSTODIAN OF PUBLIC RECORDS AT (954) 921-3211, PCERNY@HOLLYWOODFL.ORG, 2600 HOLLYWOOD BLVD., HOLLYWOOD, FLORIDA 33020 AND STEVE STUART DIRECTOR OF PROCUREMENT AT (954) 921-3628 SSTEWART@HOLLYWOODFL.ORG. D-26 Use By Other Government Entities A governing body or its authorized representative and the State of Florida may join or use the contracts of local governments located within or outside this State with the authorization of the contracting vendor. It is understood and agreed by Company and the City that any governmental entity may purchase the services specified herein in accordance with the prices, terms, and conditions of this Agreement. It is also understood and agreed that each local entity will establish its own contract with Company, be invoiced therefrom and make its own payments to Company in accordance with the terms of the contract established between the new governmental entity and Company. In the event the Company allows another governmental entity to join the Contract, it is expressly understood that the City shall in no way be liable for the obligations of the joining governmental entity.                            62 City-Wide Micro-Transit Services 10 of 18 D-27 Governing Law This Contract, including appendices and Exhibits, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence or otherwise), shall be governed by, and construed in accordance with, the laws of the State of Florida. This shall apply notwithstanding such factors which include, but are not limited to, the place where the contract is entered into, the place where the accident occurs and notwithstanding application of conflicts of law principles. The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. D-28 Counterpart Signatures This Contract may be executed in counterparts. All such counterparts will constitute the same contract and the signature of any party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by facsimile or e-mail and upon receipt will be deemed originals and binding upon the parties hereto, regardless of whether originals are delivered thereafter. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives. CITY OF HOLLYWOOD COMPANY Name, Title Name, Title Date ATTEST: Date APPROVED AS TO FORM: Name, Title Date                                   63 City-Wide Micro-Transit Services 11 of 18 EXHIBIT A – STATEMENT OF WORK Company to develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) in the areas identified in Exhibit D The Service will have the ability to be on demand and include smart stops as specified in this Statement of Work The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate throughout downtown Hollywood, the Beach, and portions of West Hollywood. The Service shall: ● Operate in two micro-transit zones (MTZ-1/MTZ-2), covering approximate 4.6 square miles of coverage area, and provide on-demand service as illustrated in Exhibit D. ● Operate a 6-month on-demand pilot test (MTZ-3), covering approximately 1.97 square miles of coverage area as illustrated in Exhibit D. ● Operate a Pilot Fixed Route service between designated pick-up locations within Hollywood West and designated Beach/Downtown locations using a E-van from MTZ-1 as illustrated in Exhibit D ● Ability to supplement any part of the service with a fixed route if deemed necessary through data and public needs. ● Hours of operation and headways are to be initially proposed by Company until the level of demand is identified after a few months of operation and data collection. ● Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. ● Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. ● Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. ● Feature a mobile application downloadable from both the Apple Store and Google Play Store with which will have the ability to charge a fee for service via a secured credit card payment system. ● Feature a mobile application where the user will be able to locate his or her position and contact the next approaching vehicle with approximate wait times. ● Provide a dedicated phone line so that users can call and request assistance. ● System will be operational within 45 days from Notice to Proceed to include vehicle procurement, financial operating plan, sufficient liability coverage and mobile application. Service will be adjusted based upon needs identified from six months of data and the availability of funds. Once six months of data is received and analyzed per Data Reporting requirements in Section 1.9, b. the City and Company shall meet and negotiate terms for the year two renewal period. Ridership, service levels, service area, number of vehicles, ad revenue, fare revenue and overall contract performance will be determining factors in determining if service will remain the same or expand based on ridership demand. 1.1 Mobile Application a. Company to provide a mobile application which allows riders to request pick up and drop off locations. b. Ability to allow the user to connect from one mirco-transit zone to another (MTZ-2 and MTZ-3 will be combined into a single zone for the purpose of the pilot test) c. At no cost to the City, maintain updates to the application and be compatible to smart phones and other mobile devices. d. Provide ability to charge a fee per rider and issue discounts via promo-codes. e. Provide users with approximate time until pick up. f. Allow users to rate drivers and provide feedback. g. Feature a Google Maps based map (or equivalent) that identifies the boundaries of each Service Area. h. After a ride request has been accepted by a driver, depict the real-time location of vehicles on a map of the appropriate Service Area. i. Ability to track party and usage data. 1.2 Marketing and Branding a. In coordination with the City of Hollywood, the Company will develop and implement a branding strategy. Company will not implement any branding strategy without prior written approval from the City. Any changes to the branding strategy must be approved in writing by the City prior to implementation. b. Company to develop and implement a marketing program to promote awareness of the program. The City will have the right to request changes to the marketing program.                            64 City-Wide Micro-Transit Services 12 of 18 c. The City retains the right to review marketing materials prior to use and request changes or withdrawal of any marketing materials. 1.3 Vehicles and Infrastructure a. Company to procure, store, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. i. Fleet Size. Unless the parties agree otherwise, Company will acquire and operate at its own expense no fewer than 8 GEM vehicles (includes one ADA accessible GEM on standby), 2 EV Vans (1 ADA Accessible), and 1 EV Sedan as part of this Service. Company to maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. b. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. c. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Contract, Company may include but is not limited to branding to all wheels, hoods, front panels, coping, roof and rear fenders unless otherwise approved by the City. ii. Company to develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the City. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Contract, unless otherwise approved by the City. d. Licensing. Company to obtain and maintain proper licensing and registration of all vehicles at all times. e. Charging. The City will make available to the Company, City owned charging stations for vehicles although the City cannot ensure the availability of charging stations to service all vehicles in the fleet to satisfy the levels of service required by this Contract. Company to ensure charging stations are available to adequately service all vehicles in the fleet to satisfy the levels of service required by this Contract. f. Storing. The City will provide parking and operation space in a City-owned parking facility. Company will be responsible for storing and securing vehicles during times of non-operation. g. Maintenance and replacement. At Company’s sole cost, Company to maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. Vehicles to be free of graffiti, vandalism, defacement and other damage to the satisfaction of the City. Company will replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations or it is no longer able to be maintained in accordance with the requirements of this Contract. Company to use its best efforts to restore non-operational vehicles to operation within 10 business days from the date of any incident requiring the vehicle to be removed from operation. Company to provide verbal and written notice of the City of any delay in restoring a non- operational vehicle that extends beyond ten (10) business days from the date of malfunction. If the city determines that any such delay is due to Company’s lack of diligence the City will have the right to pursue any remedy provided for in this Contract or at law or equity. 1.4 Staffing a. General. Company to provide sufficient staffing to maintain levels of service required by this Contract. All persons provide services pursuant to this Contract will be employees, contractors or consultants hired by the Company. Company is solely responsible for all staffing decisions made pursuant to this Contract. b. Drivers. Company to obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Company will not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Company will not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Company to review each driver’s driving and criminal records at least annually. c. Company to provide Living Wage and tips. 1.5 Attaining and Maintaining Levels of Service (LOS) a. General. Company to provide an LOS that meets customer demands at all times of Service operations.                            65 City-Wide Micro-Transit Services 13 of 18 b. Service Level review. Company and City to meet at least annually to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. 1.6 Trip Sharing a. The Services may permit drivers to transport more than one (1) party but no more than Five (5) parties in GEM vehicles, Three (3) parties in an E-Sedan, and Twelve (12) parties in the E-van, and Eight (8) parties in the ADA E-van simultaneously under the following conditions: i. Each passenger has a separate seatbelt. ii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. 1.7 Operational Requirements a. Company and all its employees, officers, managers, staff, subcontractors and subconsultants will comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Contract including but not limited to all laws and regulations regarding the safe operation of vehicles. Company to prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. b. Company must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Transportation Authority. Company is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. c. Company to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. d. Company and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. e. Company is permitted to establish reasonable restrictions on the provision of services to non-service animals. 1.8 Operating Hours a. Company to provide the Service for 11 hours per day, seven days (7) days per week for MTZ Zone 1 b. Company to provide the Service for 8 hours per day, seven (7) days per week for MTZ Zone 2 c. Company to provide the Service for 8 hours per day, seven (7) days per week, for 6 months for MTZ Pilot Zone 3 d. Company to remove 1 EV-van from service in MTZ-1 to provide Fixed Route Service 2 days per week for a period of 6 months between established pick-up/drop off locations within MTZ 2 & 3 and the Hollywood Historic Downtown and the Beach area. e. After the Data Review, hours of operation may be adjusted as mutually agreed upon in writing by the parties. 1.9 Levels of Service Reporting a. Company to provide the city with monthly, quarterly and annual level of service and operations/financial reports for each micro-transit zone. Upon request, Company will provide the City with weekly level of service reports for each micro-transit zone. b. Data Reports to include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received on a daily, weekly and monthly basis. c. Quarterly Reports d. Annual Reports                            66 City-Wide Micro-Transit Services 14 of 18 1.10 Operational/Financial Report within thirty (30) days after each month, quarter and year, as applicable Company to submit to City Operational/Financial Reports containing the following information: a. Annual budget b. Annual and monthly financial information include revenue generated (including advertisement sales and miscellaneous revenue), expenses and capital resources. 1.11 Advertisement Sales a. Company shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Advertising Revenue in the amount of $115,100.00 shall be guaranteed annually (Annual Guaranteed Amount). All Advertising Revenue collected by the Company above the Annual Guaranteed Amount will belong to the Company. Company shall credit the City’s monthly invoices for each MTZ with a prorated portion of the Annual Guaranteed Amount as shown in Exhibit E (Pricing). 1.12 Ridership Fares a. Company shall collect ridership fares for the services. b. Company shall credit the City’s monthly invoice for each micro-transit zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. c. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less all costs and expenses, including but not limited to sales taxes or other taxes imposed by law, Company administrative expenses, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Company will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations.                            67 City-Wide Micro-Transit Services 15 of 18 EXHIBIT B – RFP-045-23-SK - Citywide Micro-Transit Services                            68 REQUEST FOR PROPOSAL RFP-045-23-SK CITYWIDE MICRO-TRANSIT SERVICES FOR THE CITY OF HOLLYWOOD, FLORIDA (CITY) RFP Issue Date: February 1, 2023 Questions Due Date: February 22, 2023 Submittal Due Date: March 9, 2023, 3:00 pm                            69 City of Hollywood RFP-045-23-SK CITYWIDE MICRO-TRANSIT SERVICES TABLE OF CONTENTS I. SUMMARY ............................................................................................................ II. INTRODUCTION ................................................................................................... III. SPECIAL TERMS AND CONDITIONS .................................................................. IV. SCOPE OF SERVICE ........................................................................................... V. EVALUATION CRITERIA ...................................................................................... VI. EVALUATION COMMITTEE ................................................................................. VII. GENERAL TERMS AND CONDITIONS ................................................................ VIII. PROPOSAL SUBMISSIONS ................................................................................. Attachments: A - EXHIBIT A - CSP_Routes_and_Schedules B - Exhibit B-MTZ_Zones C - Exhibit C-Pricing                            70 3 1. SUMMARY 1.1. Summary The City is seeking shared public sector transit services that offer dynamically allocated routes and schedules in response to individual or aggregate consumer demand, using smaller vehicles and capitalizing on mobile GPS and internet connectivity. The City has successfully funded the operation of a micro-transit service in the downtown and A1A corridor for the last 4 years. The micro transit services have been well accepted with increasing ridership. The Current contract is set to expire and would like the opportunity to solicit new proposals that would complement a new community shuttle service as well as expansion of the service to other areas of the City, especially west of I-95. The goal of the micro-transit service will be to transition paratransit customers by transporting them in a less expensive manner to a fixed route transfer point and/or address areas in the City with high concentrations of older and low-income residents who need access to transit. Any rider fees will be determined by the City and 100% of all net proceeds from fees generated by riders will be returned to the City in the form of a credit to each monthly invoice. The City has the right to audit the Contractor’s collection of fees. The successful Vendor/Contractor will have demonstrated demand response experience particularly in areas with no existing service. The Contractor will own or have access to a fleet of environmentally friendly and sustainable vehicles that include fully accessible minibuses with capacity between 12 and 28 passengers. Vehicles should be small enough for energy efficiency, but large enough to handle occasional larger demands (schools, employment centers, transfer stations). Smaller low speed electric vehicles may be used on smaller streets and more acceptable neighborhoods. The strategic objective of this initiative is to identify and implement a sustainable micro -transit system that moves people to and from their destination. Another strategic objective is that over time this program will transition to being fully supported by the business community in Hollywood, Hollywood Beach, and the surrounding area. 1.2. Background Currently the City plans to operate a Community Shuttle System with three fixed routes (Northwest Loop - City Hall to N. Beach Park, A1A Loop - N. Beach Park to E Hallandale Blvd. and a Southeast Loop - City Hall to Pembroke Rd.) The fixed route system is expected to be operational by mid-2023 and will provide public transportation service to improve mobility, and ease parking demand and traffic congestion. This service is funded by Broward County Transit. In addition, there are Broward County buses, routes #1, 4, 7, 9 and US1 Breeze, providing services on a daily basis. 1.3. Contact Information Simone Knight Senior Purchasing Agent Email: sknight@hollywoodfl.org Phone: (954) 921-3200                            71 4 Department: Development Services (Engineering, Building, Code Compliance, Community Development and Planning) 1.4. Timeline Release Project Date February 1, 2023 Pre-Proposal Meeting (Non- Mandatory) February 9, 2023, 10:00am Join from the meeting link https://cohfl.webex.com/cohfl/j.phpMTID=m6cb a791171165ad4ecd518f286c6c012 OR Join by meeting number Meeting number (access code): 2633 159 9680 Meeting password: 9PEjbnnYC32 OR Join from a mobile device (attendees only) +1-408-418-9388 Meeting number (access code) 2633 159 9680 Question Submission Deadline February 22, 2023, 5:00pm Proposal Submission Deadline March 9, 2023, 3:00pm                            72 5 2. INTRODUCTION 2.1. Purpose The City of Hollywood, Florida (City) is seeking responses from qualified and experienced firms, hereinafter referred to as the Contractor or Proposer, to provide Micro -transit rider services for the City, in accordance with the terms, conditions, and specifications contained in this solicitation. Responses to this solicitation are due by Thursday, March 9, 2023 at 3:00 pm, and will be opened in a virtual public setting on March 1, 2023 at 4:00PM (EST) at https://cohfl.webex.com/cohfl/j.php?MTID=m2fa08f6728891bc5bc2d389b3a3e4290 . Submittals shall be received electronically through OpenGov Procurement. Hard copy submittals will not be accepted. Submittals shall be considered an offer on the part of the bidder/proposer, which offer shall be deemed accepted upon approval of the City, and in case of default, the City reserves the right to accept or reject any or all bids/proposals, to waive irregularities and technicalities, and request new bids/proposals. The City also reserves the right to award any resulting agreement as it deems will best serve the interests of the city. 2.2. Pre-Proposal Conference and/or Site Visit (Non-Mandatory) There will be a non-mandatory pre-proposal conference and/or site visit scheduled for this solicitation. Attendance is required if the event is mandatory, and in the event that it is non- mandatory, it is strongly suggested that all Contractors attend the pre-proposal conference and/or site visit to receive information that may be critical to their understanding of this solicitation. Please keep in mind that site visits at other times might not be available. It is the sole responsibility of the Contractor to become familiar with the scope of the City’s requirements prior to submitting a proposal. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. 2.3. OpenGov The City of Hollywood uses Opengov, the e-Procurement Portal (“Portal”) (https://procurement.opengov.com/portal/hollywoodfl/projects/36720) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended decision. The City shall not be responsible for a Proposer’s inability to submit a proposal by the proposal end date and time for any reason, including issues arising from the use of OpenGov. 2.4. Point of Contact For information concerning procedures for responding to this solicitation, contact the Point of Contact within the Office of Procurement Services, Simone Knight, Senior Purchasing Agent at sknight@hollywoodfl.org or by phone at (954) 921-3200, or Steve Stewart, Chief Procurement Officer (CPO), at sstewart@hollywoodfl.org or by phone at (954) 921-3232. Such contact is to be for clarification purposes only. All questions must be submitted in writing via the Portal by Wednesday, February 22, 2023, by 5:00 pm, in order to receive a timely response.                            73 6 Project Manager: Solange Baquero, Administrative Specialist II, at dbaquero- meza@hollywoodfl.org or by phones at (954) 921-3900 Ext: 6641. For information concerning technical specifications, please utilize the question and answer feature provided by the Portal at https://procurement.opengov.com/portal/hollywoodfl. Questions of a material nature must be received prior to the cut-off date specified in the solicitation schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of the the Project Page). Proposers please note: No part of your proposal can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire proposal response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in the Portal shall become part of any contract that is c reated from this solicitation. It is the sole responsibility of the Proposer to ensure that their proposal is submitted electronically through the Portal. 2.5. Cone of Silence The City of Hollywood City Commission adopted Ordinance No. O-2007-05, which created Section 30.15(F) imposing a Cone of Silence for certain City purchases of goods and Services. The Cone of Silence refers to limits on communications held between vendors and vendor’s representatives and City elected officials, management and staff during the period in which a Formal Solicitation is open. The Ordinance does allow potential vendors or vendor’s representatives to communicate with designated employees for the limited purpose of seeking clarification or additional information. The names and contact information of those employees that may be contacted for clarification or additional information are included in the solicitation. The Cone of Silence does not prohibit a vendor or vendor’s representative from communicating verbally, or in writing with the City Manager, the City Manager’s designee, the City Attorney or the City Attorney’s designee on those procurement items to be considered by the City Commission. The Cone of Silence does not prohibit a vendor or vendor’s representative from making public presentations at a duly noticed pre-proposal conference or duly noticed evaluation committee meeting or from communicating with the City Commission during a duly noticed public meeting. The Cone of Silence shall be imposed when a formal competitive solicitation has been issued and shall remain in effect until an award is made, a contract is approved, or the City Commission takes any other action which ends the solicitation. To view the Cone of Silence, go to the City of Hollywood Code of Ordinance online, and view Section 30.15F. All communications regarding this solicitation should be sent in writing to the Procurement Services Division as identified in this solicitation.                            74 7 3. SPECIAL TERMS AND CONDITIONS 3.1. Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the Point of Contact utilizing the question and answer feature provided by the Portal and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed or the solicitation process will be answered within the question and answer feature provided by the Portal and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by an official written addendum issued by the City and uploaded to the Portal as a separate addendum to the solicitation. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 3.2. Changes and Alterations Proposer may change or withdraw a proposal at any time prior to proposal submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the proposal deadline. 3.3. Proposer’s Costs The City shall not be liable for any costs incurred by Proposers in responding to this solicitation. 3.4. Pricing/Delivery All pricing must include delivery and installation and be quoted FOB: Destination, unless specified otherwise in #SCOPE OF SERVICE section . 3.5. Price Validity Prices provided in this solicitation shall be valid for at least One-Hundred and Twenty (120) days from time of solicitation opening unless otherwise extended and agreed upon by the City and Proposer. 3.6. No Exclusive Contract Proposer agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City’s sole option. 3.7. Responsive In order to be considered responsive to the solicitation, the firm’s proposal shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance.                            75 8 3.8. Responsible In order to be considered as a responsible firm, firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 3.9. Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Proposer must demonstrate that they have successfully completed services, as specified in the #SCOPE OF SERVICE section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed (if required) to perform such work. In addition, the Proposer must have no conflict of interest with regard to any other work performed by the Proposer for the City. 3.10. Award of Contract Award may be in the aggregate, or by line Item, or by group, whichever is determined to be in the best interest of the City. Award will be made to the responsive and responsible Proposer, quoting the lowest price, for that product/service that will best serve the needs of the City. The City also reserves the right to accept or reject any or all proposals, part of proposals, and to waive minor irregularities or variations to specifications contained in proposals, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. 3.11. Manufacturer/Brand/Model Specific Request This is a manufacturer/brand/model specification. No substitutions will be allowed unless specified in the #SCOPE OF SERVICE section. 3.12. Contract Period The initial contract term shall commence upon date of award by the City for a one (1) year term. The City reserves the right to renew the contract for three additional one-year terms, providing all terms, conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 120 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 3.13. Warranties of Usage Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise.                            76 9 3.14. Rules and Submittals of Proposals The signer of the proposal must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person(s), company or parties submitting a proposal; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the proposal has full authority to bind the principal proposer. 3.15. Conflict of Interests Prohibited Any respondent submitting a response to this solicitation is responsible for being aware of, and complying with Section 34.02 of the City Code of Ordinances. If you have questions concerning whether you may or may not need to comply with the ordinance, please contact the City of Hollywood, City Clerk’s Office at 954-921-3211. 3.16. Protest Procedure Any respondent who is not recommended for award of a contract and who alleges a failure by the City to follow the City’s Procurement Code or any applicable law may protest to the CPO, by delivering a letter of protest to the CPO in accordance with Section 38.52 of the City’s Procurement Code within five days after a notice of intent to award is posted on the City’s web site, BIDSYNC, City Clerk’s Office, Open Government, and/or City’s Sunshine Board (https://www.hollywoodfl.org/Archive.aspx?AMID=140). 3.17. Insurance Requirements Contractor shall maintain, at its sole expense, during the term of this agreement the following insurances: A. Commercial General Liability Insurance naming the City as an additional insured with not less than the following limits: General Aggregate $1,000,000 Products-Comp/Op Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Coverage shall include contractual liability assumed under this agreement, products and completed operations, personal injury, broad form property damage, and premises- operations. B. Commercial Automobile Liability Insurance naming the City as an additional insured with not less than the following limits: Combined Single Limit $1,000,000 Coverage shall include contractual liability assumed under this agreement, owned, hired and non-owned vehicles. Worker’s Compensation:                            77 10 C. Worker’s Compensation Insurance Prior to the commencement of work governed by this contract, the contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable State statues. Limits of Liability: Statutory-State of Florida Covering the contractor and the contractor’s employees with not less than the following limits: Employers Liability: $100,000, bodily injury by accident $500,000 bodily injury by Employee $500,000 bodily injury by Policy Limit The City of Hollywood needs to be the certificate holder as per the following format: City of Hollywood (nothing else on this line) Name of Department Department Address Department Address Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-VII, as assigned by the A.M. Best Company. Please Note: The Certificate shall contain a provision that coverage afforded under the policy will not be cancelled until at least thirty (30) days prior written notice has been given to the City. Certificates of insurance, reflecting evidence of the required insurance, shall be provided to the City. In the event the Certificate of Insurance provided indicates that the insurance shall terminate and lapse during the period of this Agreement, the vendor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement or extension thereunder is in effect. The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this bid/proposal. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this bid/proposal. In order to show that this requirement has been met, along with an insurance declaration sheet demonstrating the existence of a valid policy of insurance meeting the requirements of this bid/proposal, the successful proposer must submit a signed statement from insurance agency of record that the full policy contains no such exception. The City reserves the right to require additional insurance in order to meet the full value of the contract. The City reserves the right to require any other insurance coverage it deems necessary depending upon the exposures.                            78 11 3.18. Uncontrollable Circumstances (Force Majeure) The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, acts of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: A. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and D. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 3.19. Supplier Portal (Oracle) Payment Method The City has implemented software that contains a supplier portal allowing suppliers to submit and update their information via the supplier portal. New suppliers will be required to register; and current suppliers will need to confirm and update their information. Firms are responsible for ensuring that all contact, payment, and general information is updated at all times, and will not hold the City liable for any inaccurate information. 3.20. Debarred or Suspended Bidders or Proposers Firm(s) certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any federal, state, county or municipal department or agency. 3.21. Public Records/Trade Secrets/Copyright All responses will become the property of the City. The Consultant’s response to the solicitation is a public record pursuant to Florida law and is subject to disclosure by the City pursuant to Chapter 119.07, Florida Statutes (“Public Records law”). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this solicitation and the Contract to be executed for this solicitation, subject to the provisions of Chapter 119, Florida Statutes.                            79 12 Any language contained in the Consultant’s response to the solicitation purporting to require confidentiality of any portion of the Consultant’s response to the solicitation, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Consultant submits any documents or other information to the City that the Consultant claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Consultant shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Consultant must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Consultant’s response to the solicitation constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Consultant agrees to defend, indemnify, and hold harmless the City and the City’s officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE SOLICITATION AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE SOLICITATION OR ANY PART THEREOF AS COPYRIGHTED. 3.22. PUBLIC RECORDS GENERAL Consultant shall: A. Keep and maintain public records that ordinarily and necessarily would be required by the City in order 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, Florida Statutes. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Consultant does not transfer the records to the City. D. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of this Contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of this Contract,                            80 13 the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. It is solely and exclusively the Contractor’s responsibility to familiarize itself with Chapter 119, Florida Statutes, and to ensure compliance with its requirements. 3.23. Tie Breaker In cases where there is a tie for the bid award, the award shall be made by giving preference to the low bidder(s) with the following items (in this order): • (1) maintenance of a drug-free workplace in accordance with the requirements of Florida Statutes Section 287.087, • (2) local Hollywood vendor preference, • (3) closest proximity/location to project site or City Hall, and/or • (4) minority-owned or disadvantaged business status. If a tie still exists after the aforementioned tiebreakers are utilized, the Chief Procurement Officer will make a recommendation for award among the tied bidders.                            81 14 4. SCOPE OF SERVICE 4.1. Project Description The successful Vendor/Contractor will provide a year-round micro-transit program that provides connectivity to the Community Shuttle Program (CSP), this includes areas along the US 1/Federal Highway Corridor, Historic Downtown, and Hollywood Beach areas. In addition, the service will provide connectivity to various points of interest and Transportation hubs in areas west of the City designated as micro-transit zones. The service must be reliable, predictable and easy to access. Program may include supplementary service during special events requiring vehicles, personnel and resources. Circulator services may also expand to other areas of the City to support mobility options and reduction of traffic congestion as determined by the City and City Redevelopment Agency (CRA). The applicant should provide as part of their proposal a tentative schedule of service based on their experience in similar markets and assessment of demand in the area. This schedule is subject to change and be modified depending on the needs and conditions determined by the City/CRA. 4.2. Technical Specifications The use of environmentally friendly vehicles is preferred and must meet required ADA accessibility standards. The Contractor will provide the necessary vehicles, staff, and resources to service the estimated schedule in Exhibit A - CSP Routes and Schedules throughout the term of the contract. There is no need to have vehicles equipped with GPS units although it is preferred. The Contractor shall provide professional, experienced, well-groomed hospitality-oriented personnel and resources to communicate engagingly with riders while answering their questions. Personnel must hold the required, up-to-date applicable licenses, if required, have a clean driving record and be comfortable speaking knowledgably about the City/CRA as a visitor destination. The ability to converse in English is required. Bilingual drivers and other languages (French and Spanish) is desirable, but not required. All drivers must participate in a Florida Department of Transportation (FDOT) approved drug testing program. The City/CRA reserves the right to require the immediate dismissal of any personnel who fail to meet the standard outlined above. Relief personnel shall be readily available and provided by the Vendor throughout the term of the contract. The Contractor will ensure that all personnel assigned to this program wear professional, standardized, uniforms that are clean and well-pressed at all times. The Contractor will be responsible for appropriate storage, maintenance, and operational safety of all vehicles provided for this effort. The Contractor will be responsible for replacing vehicles that break down or have mechanic problems at no extra cost to the City/ CRA. The replacement should be addressed during shift when possible but no longer than 12-24 hours from the time of the event. In the event a vehicle needs to be replaced, such replacement vehicle shall match wrapping and conditions of the vehicle that needs repairs.                            82 15 Applicants are encouraged to provide risk mitigation plans below for different time frames for vehicles to be out of service (i.e., one day, one week, one month) The Contractor will a provide a secure website and cell phone application that allows users to quickly locate and secure a ride. The application should be downloadable from the Apple Store or Play Store. The website and cell phone application should also have the ability to charge a fee for service via secure encrypted credit card payments. 4.3. Contractor Qualifications The Contractor shall submit a listing of work experience for projects similar in scope and nature to the work described in the Scope of Work. A minimum of five (5) years' experience and at least two (2) projects (preferably with a government entity) shall be submitted and include a description of the work, project value, value of the work performed by the Contractor, and work duration. The Contractor shall provide the requirements/certifications/training requirements for their drivers. NOTE: The minimum requirement by the City is that all drivers must be enrol led in an approved FDOT drug testing program and have passed a drug screening test, have the required FL driver license, and a favorable background investigation. 4.4. Deliverables and Objectives The following deliverables are required: A. Auditing tools to track vehicle usage and gross/net revenues from passenger fees and advertising. Generation of monthly reports that provide ridership totals, service heat maps with micro-transit zone usage, demand and capability analytics. In addition, reports shall contain driver performance metrics such as riders per hour, wait times, and the number of missed pick-ups. B. Reliable Transit Program. Documented daily vehicle safety inspections prior to start of day, and a documented preventive maintenance program. Reporting frequency will be determined between the City/CRA and the Contractor's ridership totals. C. Risk Mitigation Plan. A written plan that addresses risks associated with the operation of the micro transit program and mitigation strategies that will be used by the Contractor to minimize risk. D. Maintenance/Recovery Plan. The Contractor shall provide their maintenance plan and recovery plan to keep the vehicles in circulation at all times with no interruptions. 4.5. Project Area There are three (3) Micro-Transit Zones (MTZ). Each MTZ will be finalized following award and may be modified based on ridership and need. Each MTZ is described in the attached Exhibit B - MTZ Zones. 4.6. Schedule of Performance The applicant will provide a tentative schedule of service based on their experience in similar markets. This schedule is subject to change and be modified depending on the needs and conditions determined by the City/CRA and provider. Offerors are encouraged to provide service connecting downtown and the beach and must provide adequate description on how the service will do this and overcome challenges.                            83 16 4.7. Advertising and Revenue Sharing ADVERTISEMENT SALES SERVICES. (a) The Contractor will sell space upon its vehicles for the display of commercial advertising. The purpose is to raise revenues to partially finance the operation of the micro-transit services. (b) The Contractor will pay to the City 50% of the Net Advertising Revenue received by the Contractor in connection with all (i) exterior advertising sales; (ii) interior video advertising sales; (iii) event marketing campaign sales; and (iv) marketing efforts for advertising sales (collectively, the “Advertisement Sales Services” and the advertisements so sold, the “Advertisements”). Net Advertising Revenue means the gross advertising revenue received less all-other costs and expenses, including but not limited to advertisement design and production costs, incurred by the Company in connection with providing the Advertisement Sales Services. (c) The Contractor shall determine the methods, details, and means for performing the Advertisement Sales Services. The Contractor will not accept advertising content that includes or is related to the below (1-7) without the prior written approval from the City. 1. Discriminates against a person or section of the community on account of race, sex, age, sexual preference, religion, disability, sexual orientation or political belief. 2. Contains strong or obscene language. 3. Promotes or opposes tobacco or alcohol products and controlled substances. 4. Contains sexual or reproductive material, 5. Promotes or opposes “adult entertainment” strip clubs and/or the sale of pornographic materials. 6. Promotes the sale or distribution of firearms. 7. Contravenes any applicable law. (d) The Contractor shall invoice each such advertiser for amounts owed for Advertisement Sales Services. The Contractor shall provide a service credit in the amount of 50% of the Net Advertising Revenue to the City on the following month’s submitted invoice after receipt by the Contractor of the amounts due from each advertiser. The Contractor must submit proof of invoices for amounts owed to Contractor for Advertisement Sales Services, during each advertisement period, whether or not invoiced funds are actually received by the Contractor. Example: For illustration purposes, the Contractor submits an invoice to a Media Buyer in the amount due of $25,000.00 for Advertisement Sales Service on January 2023 and the funds were r eceived from that Media Buyer during the month of March 2023. The Contractor will provide a service credit to the City in the amount of $12,500.00 on the April 2023 invoice.                            84 17 5. EVALUATION CRITERIA A Selection Committee will review and evaluate submittals to determine if they meet all of the requirements in this solicitation to be deemed responsive and responsible. The following evaluation criteria will be used to evaluate and score each submittal: No. Evaluation Criteria Scoring Method Weight (Points) 1. Approach and Methodology The Contractor shall explain in detail how their company can meet the requirements of the work outlined in the SOW, provide a timeline/plan-of-action detailing each phase for this effort, provide an organization chart detailing the labor for this effort, provide the recruiting effort for maintaining qualified drivers, and detail the numbers and types of vehicles provided and how they will include additional vehicles if the City expands the routes. Points Based 15 (14.3% of Total) 2. Environmental Benefits The Contractor shall provide details and quantify any environmental benefits or sustainability initiatives that they will use for this effort. Points Based 10 (9.5% of Total) 3. Contractor Capabilities The Contractor shall provide overall organizational and financial capabilities and other key components to include organizational reporting structure, quality control, quality assurance, research and development, technical training and parts support, response time, product capabilities, and the ability to furnish multiple vehicle configurations. The Contractor shall provide a general description of the company, including annual revenue, facilities location, number of permanent and part-time employees, and current and project workload. This description is intended to provide information to the City of Hollywood to evaluate the capability and capacity of the Contractor to perform the work. The City of Hollywood may conduct a site-visit of the Contractor's facility during the evaluation process. Points Based 10 (9.5% of Total)                            85 18 4. Driver's Qualifications The Contractor shall provide the requirements/certifications/training requirements for their drivers. NOTE: minimum requirement by the City is that all drivers must be enrolled in an FDOT approved drug testing program, pass a drug screening test, have the appropriate FL driver's license, and have a favorable background investigation. Points Based 10 (9.5% of Total) 5. Firm's Qualifications and Experience The Contractor shall submit a listing of work experience for projects similar in scope and nature to the work described in the Scope of Work. A minimum of five years (5) experience and two (2) projects (preferably with a government entity) shall be submitted and include a description of the work, project value, value of the work performed by the Contractor, and work duration and dates. The Contractor must submit at least three (3) references for projects of similar size, scope, and complexity. The references will be reviewed and scored as to whether services performed were satisfactory and meet the aforementioned criteria. Points Based 10 (9.5% of Total) 6. ADA Compliance The Contractor shall provide details on how their proposed vehicles meet ADA accessibility requirements. Points Based 5 (4.8% of Total) 7. Maintenance/Recovery Plan The Contractor shall provide their maintenance plan and recovery plan to keep the vehicles in circulation at all times with no interruptions. The Contractor must also provide a response to this scenario: A vehicle breaks down in the middle of the afternoon (weekday) and the current outside temperature is 95 degrees Fahrenheit. The vehicle has a mixture of passengers: elderly, middle aged, children, and infants. Explain the Contractor's course of action that would be taken. Points Based 10 (9.5% of Total)                            86 19 8. Risk Mitigation Plan The contractor must provide a risk mitigation plan on potential risks that may occur with this service and the steps they will take to mitigate/reduce the risk level. Points Based 10 (9.5% of Total) 9. Local Vendor Preference If applicable, the local Hollywood Vendor/Contractor shall have the burden of demonstrating that it maintains a permanent place of business with full-time employees within the City limits and has done so for a minimum of one year prior to the date of issuance of a bid or proposal solicitation within Hollywood, Florida. All supporting documentation (e.g., City valid local business tax receipt) for local preference eligibility must be received with the bid package prior to the bid opening date and time. Points Based 5 (4.8% of Total) 10. Pricing The Contractor must provide a Fixed Pricing Rate for this Service to include all direct and indirect costs in fixed monthly rates for this effort. The price for each offeror will be compared against the values assigned the various elements of the technical proposal. The objective of this process is to obtain the best available combination of technical capability and price. Points Based 20 (19% of Total)                            87 20 6. EVALUATION COMMITTEE Each Selection Committee member will convert their maximum available point score (cardinal number) for each Submitter into an ordinal number designating the ranking (as first, second, or third. For example: The ordinal scores from each Selection Committee member for each Submitter shall be added together to calculate a total ordinal score. The Submitter with the lowest ordinal score will be ranked highest for award preference. The Submitter with the second lowest total ordinal score will be ranked second highest for award preference, and so on, until all Submitters are ranked. During the evaluation process, the Selection Committee may, at its discretion, request oral presentations from banks to clarify information or answer questions on submittals. A public Selection Committee meeting to complete this evaluation is anticipated to take place in March 2023 followed by City Commission approval of an award tentatively scheduled for May 2023. Selection Committee meeting notices shall be posted on the City’s Sunshine Board (https://www.hollywoodfl.org/Archive.aspx?AMID=140).                            88 21 7. GENERAL TERMS AND CONDITIONS 7.1. INTENT It is the policy of the City to encourage full and open competition among all available qualified vendors. All vendors regularly engaged in the type of Work specified in the Solicitation are encouraged to submit proposals. To receive notification and to be eligible to bid vendor should be registered with OpenGov. Vendors may register with the OpenGov (registration is free) to be included on a mailing list for selected categories of goods and Services. In order to be processed for payment, any awarded vendor must register with the City by completing and returning a Vendor Application and all supporting documents. For information and to apply as a vendor, please visit our website at hollywoodfl.org to download an application and submit it to Procurement Services Division. It is the intent of the City of Hollywood, FL (“the City”), through this solicitation and the contract conditions contained herein, to establish to the greatest possible extent complete clarity regarding the requirements of both parties to the agreement resulting from this solicitation. Before submitting a bid/proposal, the Vendor shall be thoroughly familiarized with all contract conditions referred to in this document and any addenda issued before the bid/proposal submission date. Such addenda shall form a part of the SOLICITATION and shall be made a part of the contract. It shall be the Vendor's responsibility to ascertain that the bid/proposal includes all addenda issued prior to the bid/proposal submission date. Addenda will be posted on the City's Procurement Portal along with the SOLICITATION. The terms of the SOLICITATION and the selected Vendor’s bid/proposal and any additional documentation (e.g. questions and answers) provided by the Vendor during the solicitation process will be integrated into the final contract for services entered into between the City and the selected Vendor. The Vendor shall determine, by personal examination and by such other means as may be preferred, the conditions and requirements under which the agreement must be performed. 7.2. PROPOSER’S RESPONSIBILITIES Proposers are required to submit their bids/proposals upon the following express conditions: A. Proposers shall thoroughly examine the drawings, specifications, schedules, instructions and all other contract documents. B. Proposers shall make all investigations necessary to thoroughly inform themselves regarding delivery of material, equipment or services as required by the SOLICITATION conditions. No plea of ignorance, by the proposer, of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the proposer to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation due the proposer.                            89 22 C. Proposers are advised that all City contracts are subject to all legal requirements provided for in the City of Hollywood Charter, Code of Ordinances and applicable County Ordinances, State Statutes and Federal Statutes. 7.3. PREPARATION OF BIDS/PROPOSALS Bids/proposals will be prepared in accordance with the following: A. The City’s enclosed bid/proposal Forms, in their entirety, are to be used in submitting your bid/proposal. NO OTHER FORM WILL BE ACCEPTED. B. All information required by the bid/proposal form shall be furnished. The proposer shall sign each continuation sheet (where indicated) on which an entry is made. C. Prices shall be shown and where there is an error in the extension of prices, the unit price shall govern. The City of Hollywood is exempt from payment to its vendors of State of Florida sales tax and, therefore, such taxes should not be figured into the SOLICITATION. However, this exemption does not apply to suppliers to the City in their (supplier) purchases of goods or services, used in work or goods supplied to the City. Proposers are responsible for any taxes, sales or otherwise, levied on their purchases, subcontracts, employment, etc. An exemption certificate will be signed where applicable, upon request. The City will pay no sales tax. 7.4. DESCRIPTION OF SUPPLIES Any manufacturer's names, trade names, brand names, or catalog numbers used in these applications are for the purpose of describing and establishing minimum requirements or level of quality, standards of performance, and design required, and are in no way intended to prohibit the bidding of other manufacturers' items of equal material, unless specifications state "NO SUBSTITUTIONS." Proposers must indicate any variances to the specifications, terms, and conditions, no matter how slight. If variations are not stated in the bid/proposal, it shall be construed that the bid/proposal fully complies with the Specifications, Terms and Conditions. Proposers are required to state exactly what they intend to furnish; otherwise they sh all be required to furnish the items as specified. Proposers will submit, with their bid/proposal, necessary data (factory information sheets, specifications, brochures, etc.) to evaluate and determine the quality of the item(s) they are proposing. The City shall be the sole judge of equality and its decision shall be final. 7.5. ADDENDA The Procurement Services Division may issue an addendum in response to any inquiry received, prior to bid/proposal opening, which changes, adds to or clarifies the terms, provisions or requirements of the solicitation. The Proposer should not rely on any representation, statement or explanation, whether written or verbal, other than those made in this solicitation document or in any addenda issued. Where there appears to be a conflict between this solicitation and any                            90 23 addendum, the last addendum issued shall prevail. It is the proposer’s responsibility to ensure receipt of all addenda and any accompanying documents. Proposer(s) shall acknowledge receipt of any formal Addenda by signing the addendum and including it with their bid/proposal. Failure to include signed formal addenda in its bid/proposal shall cause the City to deem the bid/proposal non-responsive provided, however, that the City may waive this requirement in its best interest. 7.6. REJECTION OF BIDS/PROPOSALS The City may reject a bid/proposal if: A. The Proposer fails to acknowledge receipt of an addendum, or if B. The Proposer misstates or conceals any material fact in the bid/proposal, or if C. The bid/proposal does not strictly conform to the law or requirements of the SOLICITATION, or if D. The City is under a pre-lawsuit claim or current litigation with the proposer. The City may reject all bids/proposals whenever it is deemed in the best interest of the City to do so, and may reject any part of a bid/proposal unless the bid/proposal has been qualified as provided in herein. 7.7. WITHDRAWAL OF BIDS/PROPOSALS A. May not be withdrawn and shall be deemed enforceable for a period of 180 days after the time set for the SOLICITATION opening. B. Bids/proposals may be withdrawn prior to the time set for the SOLICITATION opening via the Portal. C. The City will permanently retain as liquidated damages the bid deposit furnished by any proposer who requests to withdraw a bid/proposal after the SOLICITATION opening. 7.8. BIDS/PROPOSALS TO REMAIN OPEN All bids/proposals shall remain open for 180 calendar days after the day of the bid/proposal opening, but the City may, at its sole discretion, release any bid/proposal and return the bid/proposal Security prior to that date. Extensions of time when bids/proposals shall remain open beyond the 180 day period may be made only by mutual written agreement between the City, the successful Proposer and the surety, if any, for the successful Proposer. 7.9. LATE BIDS/PROPOSALS OR MODIFICATIONS Only bids/proposals received as of the opening date and time will be considered timely. Bids/proposals and modifications received after the time set for the opening will be returned un- opened to the sender and rejected as late. 7.10. CONFLICTS WITHIN THE SOLICITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the SOLICITATION Submittal Section, or any                            91 24 addendum issued, the order of precedence shall be the last addendum issued, the SOLICITATION Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 7.11. CLARIFICATION OR OBJECTION TO BID/PROPOSAL SPECIFICATIONS If any person contemplating submitting a bid/proposal for this contract is in doubt as to the true meaning of the specifications or other SOLICITATION documents or any part thereof, they may submit requests for clarification to the Procurement Services Division on or before the date specified for a request for clarification. All such requests for clarification shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the SOLICITATION, if made, will be made only by Addendum duly issued. A copy of such Addendum will be made available to each person receiving a Solicitation. The City will not be responsible for any other explanation or interpretation of the SOLICITATION given prior to the award of the contract. Any objection to the specifications and requirements as set forth in this SOLICITATION must be filed in writing with the Chief Procurement Officer on or before the date specified for a request for clarification. 7.12. COMPETENCY OF PROPOSERS Pre-award inspection of the Proposer’s facility may be made prior to the award of a contract. Bids/proposals will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this SOLICITATION(s); have a record of performance for a reasonable period of time; and have sufficient financial support, equipment and organization to ensure that they can satisfactorily deliver the material and/or services if awarded a Contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. The City may consider any evidence available to it of the financial, technical and other qualifications and abilities of a proposer, including past performance (experience) in making the award in the best interest of the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this SOLICITATION or otherwise. 7.13. QUALIFICATIONS OF PROPOSERS No Bid/proposal will be accepted from, nor will any contract be awarded to any person who is in arrears to the City upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to City, or who is deemed responsible or unreliable by the City. As part of the bid/proposal evaluation process, City may conduct a background investigation including a record check by the Hollywood Police Department. Proposer’s submission of a bid/proposal constitutes acknowledgment of the process and consent to such investigation. City shall be the sole judge in determining a Proposer’s qualifications.                            92 25 7.14. CONSIDERATION OF BIDS/PROPOSALS In cases where an item requested is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the Vendor proposes to furnish the item so identified and does not propose to furnish an "equal" unless the proposed "equal" is pre-approved by the City. References to any of the above are intended to be descriptive but not restrictive and only indicate articles that will be satisfactory. A bid/proposal of an "equal" will be considered, provided that the Vendor states in his bid/proposal exactly what he proposes to furnish, including sample, illustration, or other descriptive matter which will clearly indicate the character of the article covered by such bid/proposal. The designated City representative hereby reserves the right to approve as an “equal”, or to reject as not being an “equal”, any article proposed which contains major or minor variations from specifications requirements. 7.15. AWARD OF CONTRACT If the Contract is to be awarded, it will be awarded, after evaluation by the City, to the responsible and responsive Proposer whom the City determines will be in the best interests of the City and not necessarily to the lowest cost Proposer. Proposers may be invited to an oral interview before the committee. A short list of finalists will be determined and presented to either the City Manager or his/her designee or to the City Commission, in accordance with the applicable City of Hollywood Code of Ordinances, and will make the final ranking for the purposes of negotiating a contract with the top ranked firm. The successful Proposer shall be required to sign a negotiated contract; the refusal or failure of a successful Proposer to execute a contract which contains the mandatory material terms and conditions contained in the SOLICITATION, shall be grounds for deeming the Proposer and/or the Proposer’s bid/proposal non-responsive. If applicable, the Proposer to whom award is made shall execute a written contract prior to award by the City Commission. If the Proposer to whom the first award is made fails to enter into a contract as herein provided, the Contract may be let to the next highest ranked Proposer who is responsible and responsive in the opinion of the City. 7.16. BASIS FOR AWARD, EVALUATION CRITERIA AND QUESTIONS The qualification of bid/proposal responders on this project will be considered in making the award. The City is not obligated to accept any bid/proposal if deemed not in the best interest of the City to do so. The City shall make award to a qualified proposer based on fees submitted and responses to this SOLICITATION. Failure to include in the bid/proposal all information outlined herein may be cause for rejection of the bid/proposal. The City reserves the right to accept or reject any and all bids/proposals, in whole or in part, as determined to be in the best interest of the City in its sole discretion. The City reserves the right to waive any informalities or irregularities in bids/proposals. The City reserves the right to negotiate separately the terms and conditions or all or any part of the bids/proposals as deemed to be in the City’s best interest in its sole discretion.                            93 26 Information and/or factors gathered during interviews, negotiations and any reference checks, and any other information or factors deemed relevant by the City, shall be utilized in the final award. The final award of a contract is subject to approval by the City Commission. 7.17. AGREEMENT An agreement shall be sent to the awarded proposer to be signed, witnessed, and returned to the City for execution. The City will provide a copy of the fully executed agreement to the awarded proposer. 7.18. NOTICE TO PROCEED A signed purchase order, blanket purchase order or fully executed agreement will be the Proposer's authorization to proceed and may substitute for a "Notice to Proceed" form. 7.19. BID PROTESTS The City shall provide notice of its intent to award or reject to all proposers by posting such notice on the City’s website. After a notice of intent to award a contract is posted, any actual or prospective proposer who is aggrieved in connection with the pending award of the contract or any element of the process leading to the award of the contract may protest to the Director of Procurement Services. A protest must be filed within five business days after posting or any right to protest is forfeited. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest, including a deposit, is received by the Procurement Services Division. Failure to file a protest within the time-frame specified herein shall constitute a full waiver of all rights to protest the City’s decision regarding the award. The written protest shall state in detail the specific facts and law or ordinance upon which the protest of the proposed award is based, and shall include all pertinent documents. A written protest may not challenge the relative weight of evaluation criteria or a formula for assigning points. Upon receipt of a formal written protest, the City shall stop award proceedings until resolution of the protest; unless it has been determined that the award of the contract without delay is necessary to protect substantial interests of the City. Any and all costs incurred by a protesting party in connection with a bid protest shall be the sole responsibility of the protesting party. Upon receipt of a protest of the pending award of a contract, a copy of the protest shall promptly be forwarded to the City Attorney. The City Attorney shall thereupon review the charge to determine its sufficiency, including whether the protest was timely filed. If upon review the City Attorney determines that the charge is insufficient, the City Attorney may issue a summary dismissal of the protest. If upon review the City Attorney determines that the charge is sufficient, a hearing of the protest committee shall be scheduled.                            94 27 A protest committee shall have the authority to review, settle and resolve the protest. The committee shall consist of three members appointed by the City Manager. The committee’s review shall be informal. If the protest committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law or applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the committee determines that the protest is without merit, The Director shall promptly issue a decision in writing stating the reason for the decision and furnish a copy to the protester and any other interested party, and the process leading to the award shall proceed. 7.20. PREPARATION OF BIDS/PROPOSALS Bids/proposals shall be prepared in accordance with the bid/proposal response format. Bids/proposals not complying with this format may be considered non-responsive and may be removed from consideration on this basis. Requirements for Signing Bid/Proposal: A. Each proposer, by making a bid/proposal, represents that this document has been read and is fully understood. B. The bid/proposal must be signed in ink by an individual authorized to legally bind the person, partnership, company, or corporation submitting the bid/proposal. C. All manual signatures must have the name typed directly under the line of the signature. D. The above requirements apply to all SOLICITATION addenda. 7.21. EXAMINATION OF BID/PROPOSAL DOCUMENTS Before submitting a bid/proposal, each Proposer must: examine the bid/proposal Documents thoroughly; consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, performance, or provision of the commodities and/or services; study and carefully correlate Proposer’s observations with the bid/proposal Documents, and notify the City’s agent of all conflicts, errors and discrepancies in the bid/proposal Documents. The submission of a bid/proposal will constitute an incontrovertible representation by the Proposer, that the Proposer has complied with every requirement of this SOLICITATION, that without exception, the bid/proposal is premised upon performing the services and/or furnishing the commodities and materials in accordance with such means, methods, techniques, sequences or procedures as may be indicated in or required by the bid/proposal Documents, and that the bid/proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the goods and/or services. 7.22. PUBLIC RECORDS LAW If applicable, for each public agency contract for services, the Proposer is required to comply with F.S. 119.0701, which includes the following:                            95 28 A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in F.S. Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency, all public records in possession of the proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Public records may be inspected and examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian of the public record. Sealed Bids/proposals become subject to the public records disclosure requirements of F.S. Chapter 119, notwithstanding a proposers' request to the contrary, at the time the City provides notice of a decision or intended decision, or 30 days after the bid/proposal opening, whichever is earlier. Financial statements submitted in response to a request by the City may be confidential and exempt from disclosure. Data processing software obtained under a licensing agreement which prohibits its disclosure may also exempt. Proposers are hereby notified and agree that all information submitted as part of, or in support of SOLICITATION submittals will be available for public inspection after opening of SOLICITATION in compliance with Chapter 119 of the Florida Statutes. The proposer shall not, unless required as part of this SOLICITATION, submit any information in response to this invitation which the proposer considers to be a trade secret, proprietary or confidential. The submission, not required as part of this this SOLICITATION, of any information to the City in connection with this invitation shall be deemed conclusively to be a waiver of any trade secret or other protection, which would otherwise be available to the proposer. 7.23. INFORMATION For information concerning procedure for responding to this Solicitation (SOLICITATION), contact the Point of Contact in the #INTRODUCTION section. Such contact shall be for clarification purposes only. It is preferred that all other questions be submitted in writing via the Portal at least 10 calendar days prior to the bid/proposal due/opening date.                            96 29 7.24. BIDS/PROPOSALS The bid/proposal must be signed by one duly authorized to do so and in cases where the bid/proposal is signed by a deputy or subordinate, the principal’s proper written grant of authority to such deputy or subordinate must accompany the bid/proposal. Bids/proposals by corporations must be executed in the corporate name by the President or other corporate officers accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. Bids/proposals by partnerships must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below the signature. 7.25. MODIFICATION AND WITHDRAWAL OF BIDS/PROPOSALS Bids/proposals must be modified or withdrawn electronically via the Portal. A request for withdrawal or a modification must be via the Portal by a person duly authorized to do so. Withdrawal of a bid/proposal will not prejudice the rights of a Proposer to submit a new bid/proposal prior to the bid/proposal date and time. Except where provided in the following paragraph no bid/proposal may be withdrawn or modified after expiration of the period for receiving bids/proposals. If, within twenty-four (24) hours after bids/proposals are opened, any Proposer files a duly signed written notice with the City and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of the City by clear and convincing evidence that there was a material and substantial mistake in the preparation of its bid/proposal, or that the mistake is clearly evident on the face of the bid/proposal but the intended correct bid/proposal is not similarly evident, then the Proposer may withdraw its bid/proposal and the bid/proposal Security will be returned. 7.26. REJECTION OF BIDS/PROPOSALS To the extent permitted by applicable state and federal laws and regulations, the City reserves the right to reject any and all bids/proposals, to waive any and all informalities, irregularities and technicalities not involving price, time or changes in the commodities and/or services, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional bids/proposals. Bids/proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations or irregularities of any kind. The City also reserves the right to waive minor technical defects in a bid/proposal. The City reserves the right to determine, in its sole discretion, whether any aspect of a bid/proposal satisfies the criteria established in this Solicitation. The City reserves the right to reject the bid/proposal of any Proposer if the City believes that it would not be in the best interest of the City to make an award to that Proposer, whether because the bid/proposal is not responsive or the Proposer is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criterion established by City. The foregoing reasons for rejection of bids/proposals are not intended to be exhaustive.                            97 30 7.27. OPEN END CONTRACT No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid/proposal comparison purposes only. The City reserves the right to issue purchase orders as and when required, or a blanket purchase order and release partial quantities as and when required or any combination of the preceding. ORDERING: The CITY reserves the right to purchase commodities/services specified herein through Contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a period shorter than the delivery time specified in the contract, and if the seller is unable to comply therewith, the City reserves the right to obtain such delivery from others without penalty or prejudice to the City or to the Proposer. 7.28. AUDIT RIGHTS The City reserves the right to audit the records of the successful Proposer for the commodities and/or services provided under the Contract at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by the City. If required by the City, the successful Proposer agrees to submit to an audit by an independent certified public accountant selected by the City. The successful Proposer shall allow the City to inspect, examine and review the records of the successful Proposer in relation to this contract at any and all times during normal business hours during the term of the Contract. 7.29. LOCAL, STATE AND FEDERAL COMPLIANCE REQUIREMENTS The Proposer shall comply with all local, state and federal directives, orders and laws as applicable to this SOLICITATION and subsequent contract(s) including, but not limited to: A. Equal Employment Opportunity (EEO), in compliance with Executive Order 11246 as amended and applicable to this contract. B. All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). C. The Immigration and Nationality Act prohibits (i) the employment of an unauthorized alien when the employer knows the individual is an unauthorized alien and (ii) the employment of an individual without complying with the requirements of the federal employment verification system. If a proposer commits either of these violations, such violation shall be cause for unilateral cancellation of the contract. D. This Section applies only to any contract for goods or services of $1 million or more: The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section                            98 31 287.135, Florida Statutes (2011), as may be amended or revised. The City may terminate this Contract at the City’s option if the Proposer is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2011), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2011), as may be amended or revised. 7.30. FRAUD AND MISREPRESENTATION Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, may be debarred from doing business with the City. The City as further sanction may terminate or cancel any oth er contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney’s fees. 7.31. DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subproposers are presently debarred or suspended by any Federal department or agency. 7.32. COLLUSION More than one bid/proposal received for the same work from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that any Proposer is interested in more than one bid/proposal for the same work will cause the rejection of such bin which the Proposer is interested. If there are reasonable grounds for believing that collusion exists among the Proposers, the bids/proposals of participants in such collusion will not be considered. 7.33. COPELAND "ANTI-KICKBACK" The Proposer and all subproposers will comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). 7.34. FORCE MAJEURE The Agreement which is awarded to the successful proposer may provide that the per formance of any act by the City or Proposer hereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided however, the City shall have the right to provide substitute service from third parties or City forces and in such event the City shall withhold payment due the Proposer for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate this Agreement. 7.35. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a                            99 32 public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a proposer, supplier, subproposer, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.36. DRUG-FREE WORKPLACE PROGRAM Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids/proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids/proposals will be followed if none of the tied vendors have a drug-free workplace program. 7.37. SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS POLICY Proposer shall sign and submit the attached form indicating understanding and compliance with the City's and State's policies prohibiting solicitation and acceptance of gifts by public officers, employees and candidates. Failure to submit the signed form will result in your bid/proposal being declared non-responsive; provided, however, that a responsible proposer whose bid/proposal would be responsive but for the failure to submit the signed form in its bid/proposal may be given the opportunity to submit the form to the City within five calendar days after notification by the City, if this is determined to be in the best interest of the City. 7.38. CONFLICT OF INTEREST The Proposer represents that: No officer, director, employee, agent, or other consultant of the City or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement. There are no undisclosed persons or entities interested with the Proposer in this Agreement. This Agreement is entered into by the Proposer without any connection with any other entity or person making a bid/proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the City, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or member of the immediate family or household of any of the aforesaid: A. Is interested on behalf of or through the Proposer directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or B. Is an employee, agent, advisor, or consultant to the Proposer or to the best of the Proposer’s knowledge, any subproposer or supplier to the Proposer.                            100 33 Neither the Proposer nor any officer, director, employee, agent, parent, subsidiary, or affiliate of the Proposer shall have an interest which is in conflict with the Proposer’s faithful performance of its obligations under this Agreement; provided that the City, in its sole discretion, may consent in writing to such a relationship, and provided the Proposer provides the City with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the City's best interest to consent to such relationship. The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. In the event the Proposer has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, the Proposer shall promptly bring such information to the attention of the City's Project Manager. The Proposer shall thereafter cooperate with the City's review and investigation of such information, and comply with the instructions the Proposer receives from the Project Manager in regard to remedying the situation. 7.39. DISCRIMINATION Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid/proposal on a contract to provide goods or services to a public entity, may not submit a bid/proposal on a contract with a public entity for construction or repair of a public building or public work, may not submit bids/proposals on leases of real property to a public entity, may not award or perform work as a proposer, supplier, subproposer, or consultant under contract with any public entity, and may not transact business with any public entity. 7.40. ADVICE OF OMISSION OR MISSTATEMENT In the event it is evident to a Vendor responding to this SOLICITATION that the City has omitted or misstated a material requirement to this SOLICITATION and/or the services required by this SOLICITATION, the responding Vendor shall advise the contact identified in the SOLICITATION Clarifications and Questions section above of such omission or misstatement. 7.41. CONFIDENTIAL INFORMATION Information contained in the Vendor’s bid/proposal that is company confidential must be clearly identified in the bid/proposal itself. The City will be free to use all information in the Vendor's bid/proposal for the City’s purposes, in accordance with State Law. Vendor bids/proposals shall remain confidential for 30 days or until a notice of intent to award is posted, which is sooner. The Vendor understands that any material supplied to the City may be subject to public disclosure under the Public Records Law. 7.42. GOVERNING LAW This Contract, including appendices, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in accordance with, the laws of the State of Florida. This shall apply notwithstanding such factors which include, but are not limited to, the place where the contract is entered into, the place where the accident occurs and not withstanding application of conflicts of law principles.                            101 34 7.43. LITIGATION VENUE The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. 7.44. SOVEREIGN IMMUNITY Nothing in this agreement shall be interpreted or construed to mean that the city waives its common law sovereign immunity or the limits of liability set forth in Section 768.28, Florida Statute. 7.45. SURVIVAL The parties acknowledge that any of the obligations in this Agreement will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Proposer and the City under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. 7.46. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The Contractor shall indemnify and hold harmless the City of Hollywood and its officers, employees, agents and instrumentalities from any and all liability, losses or damages. In addition, the City shall be entitled to attorney’s fees and costs of defense, which the City of Hollywood, or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this project by the awarded proposer or its employees, agents, servants, partners, principals or subcontractors. Furthermore, the awarded proposer shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind of nature in the name of the City of Hollywood, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may issue thereon. The awarded proposer expressly understands and agrees that any insurance protection required by the resulting agreement or otherwise provided by the awarded proposer shall cover the City of Hollywood, its officers, employees, agents and instrumentalities and shall include claims for damages resulting from and/or caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in the performance of the contract. 7.47. PATENT AND COPYRIGHT INDEMNIFICATION The Proposer warrants that all deliverables furnished hereunder, including but not limited to: services, equipment programs, documentation, software, analyses, applications, methods, ways, processes, and the like, do not infringe upon or violate any patent, copyrights, service marks, trade secret, or any other third party proprietary rights. The Proposer shall be liable and responsible for any and all claims made against the City for infringement of patents, copyrights, service marks, trade secrets or any other third party proprietary rights, by the use or supplying of any programs, documentation, software, analyses, applications, methods, ways, processes, and the like, in the course of performance or completion of, or in any way connected with, the work, or the City's continued use of the deliverables furnished hereunder. Accordingly, the Proposer, at its own expense, including the payment of attorney's                            102 35 fees, shall indemnify, and hold harmless the City and defend any action brought against the City with respect to any claim, demand, and cause of action, debt, or liability. In the event any deliverable or anything provided to the City hereunder, or a portion thereof, is held to constitute an infringement and its use is or may be enjoined, the Proposer shall have the obligation, at the City's option, to (i) modify, or require that the applicable subproposer or supplier modify, the alleged infringing item(s) at the Proposer’s expense, without impairing in any respect the functionality or performance of the item(s), or (ii) procure for the City, at the Proposer's expense, the rights provided under this Agreement to use the item(s). The Proposer shall be solely responsible for determining and informing the City whether a prospective supplier or subproposer is a party to any litigation involving patent or copyright infringement, service mark, trademark, violation, or proprietary rights claims or is subject to any injunction which may prohibit it from providing any deliverable hereunder. The Proposer shall enter into agreements with all suppliers and subproposers at the Proposer's own risk. The City may reject any deliverable that it believes to be the subject of any such litigation or injunction, or if, in the City's judgment, use thereof would delay the work or be unlawful. The Proposer shall not infringe any copyright, trademark, service mark, trade secrets, patent rights, or other intellectual property rights in the performance of the work. 7.48. ADVERTISING Vendor shall not advertise or publish the fact that the City has placed this order without prior written consent from the City, except as may be necessary to comply with a proper request for information from an authorized representative of a governmental unit or agency. 7.49. DISCLAIMER The Hollywood may, in its sole discretion, accept or reject, in whole or in part, for any reason whatsoever any or all bids/proposals; re-advertise this SOLICITATION, postpone or cancel at any time this SOLICITATION process; or, waive any formalities of or irregularities in the bid/proposal process. Bids/proposals that are not submitted on time and/or do not conform to the City of Hollywood’s requirements will not be considered. After all bids/proposals are analyzed, organization(s) submitting bid/proposal that appear, solely in the opinion of the City of Hollywood, to be the most competitive, shall be submitted to the City of Hollywood’s City Commission, and the final selection will be made shortly thereafter with a timetable set solely by the City of Hollywood. The selection by the City of Hollywood shall be based on the bid/proposal, which is, in the sole opinion of the City Commission of the City of Hollywood, in the best interest of the City of Hollywood. The issuance of this SOLICITATION constitutes only an invitation to make a bid/proposal to the City of Hollywood. The City of Hollywood reserves the right to determine, in its sole discretion, whether any aspect of the bid/proposal satisfies the criteria established by the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this bid/proposal or otherwise. 7.50. TRADEMARKS The City warrants that all trademarks the City requests the Vendor to affix to articles purchased are those owned by the City and it is understood that the Vendor shall not acquire or claim any rights, title, or interest therein, or use any of such trademarks on any articles produced for itself or anyone other than the City.                            103 36 7.51. RIGHT TO REQUEST ADDITIONAL INFORMATION The City reserves the right to request any additional information that might be deemed necessary during the evaluation process. 7.52. PROPOSAL PREPARATION COSTS The Vendor is responsible for any and all costs incurred by the Vendor or his/her subproposers in responding to this solicitation. 7.53. DESIGN COSTS The successful Vendor shall be responsible for all design, information gathering, and required programming to achieve a successful implementation. This cost must be included in the base bid/proposal. 7.54. ADDITIONAL CHARGES No additional charges, other than those listed on the price breakdown sheets, shall be made. Prices quoted will include verification/coordination of order, all costs for shipping, delivery to all sites, unpacking, setup, installation, operation, testing, cleanup, training and Vendor travel charges. 7.55. RIGHTS TO PERTINENT MATERIALS All responses, inquires, and correspondence relating to this SOLICITATION and all reports, charts, displays, schedules, exhibits and other documentation produced by the Vendor that are submitted as part of the bid/proposal shall become the property of the City upon receipt, a part of a public record upon opening, and will not be returned. 7.56. INSURANCE REQUIREMENTS See insurance requirements in the main solicitation document. 7.57. NATURE OF THE AGREEMENT The Agreement incorporates and includes all negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in the Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of the Agreement that are not contained in the Agreement, and that the Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that the Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. The Proposer shall provide the services set forth in the Scope of Services, and render full and prompt cooperation with the City in all aspects of the services performed hereunder. The Proposer acknowledges that the Agreement requires the performance of all things necessary for or incidental to the effective and complete performance of all work and services under t his Contract. All things not expressly mentioned in the Agreement but necessary to carrying out its                            104 37 intent are required by the Agreement, and the Proposer shall perform the same as though they were specifically mentioned, described and delineated. The Proposer shall furnish all labor, materials, tools, supplies, and other items required to perform the work and services that are necessary for the completion of this Contract. All work and services shall be accomplished at the direction of and to the satisfaction of the City's Project Manager. The Proposer acknowledges that the City shall be responsible for making all policy decisions regarding the Scope of Services. The Proposer agrees to provide input on policy issues in the form of recommendations. The Proposer agrees to implement any and all changes in providing services hereunder as a result of a policy change implemented by the City. The Proposer agrees to act in an expeditious and fiscally sound manner in providing the City with input regarding the time and cost to implement said changes and in executing the activities required to implement said changes. 7.58. AUTHORITY OF THE CITY’S PROJECT MANAGER The Proposer hereby acknowledges that the City’s Project Manager will determine in the first instance all questions of any nature whatsoever arising out of, under, or in connection with, or in any way related to or on account of, this Agreement including without limitations: questions as to the value, acceptability and fitness of the services; questions as to either party's fulfillment of its obligations under the Contract; negligence, fraud or misrepresentation before or subsequent to acceptance of the Bid/proposal; questions as to the interpretation of the Scope of Services; and claims for damages, compensation and losses. The Proposer shall be bound by all determinations or orders and shall promptly obey and follow every order of the Project Manager, including the withdrawal or modification of any previous order and regardless of whether the Proposer agrees with the Project Manager's determination or order. Where orders are given orally, they will be issued in writing by the Project Manager as soon thereafter as is practicable. The Proposer must, in the final instance, seek to resolve every difference concerning the Agreement with the Project Manager. In the event that the Project Manager and the Proposer are unable to resolve their difference, the Proposer may initiate a dispute in accordance with the procedures set forth in the section below. Exhaustion of these procedures shall be a condition precedent to any lawsuit permitted hereunder. In the event of such dispute, the parties to this Agreement authorize the City Manager or designee, who may not be the Project Manager or anyone associated with this Project, acting personally, to decide all questions arising out of, under, or in connection with, or in any way related to or on account of the Agreement (including but not limited to claims in the nature of breach of contract, fraud or misrepresentation arising either before or subsequent to execution hereof) and the decision of each with respect to matters within the City Manager's purview as set forth above shall be conclusive, final and binding on the parties. Any such dispute shall be brought, if at all, before the City Manager within 10 days of the occurrence, event or act out of which the dispute arises. The City Manager may base this decision on such assistance as may be desirable, including advice of experts, but in any event shall base the decision on an independent and objective determination of whether the Proposer’s performance or any deliverable meets the requirements of this Agreement and any specifications with respect thereto set forth herein. The effect of any                            105 38 decision shall not be impaired or waived by any negotiations or settlements or offers made in connection with the dispute, whether or not the City Manager participated therein, or by any prior decision of others, which prior decision shall be deemed subject to review, or by any termination or cancellation of the Agreement. All such disputes shall be submitted in writing by t he Proposer to the City Manager for a decision, together with all pertinent information in regard to such questions, in order that a fair and impartial decision may be made. The parties agree that whenever the City Manager is entitled to exercise discretion or judgment or to make a determination or form an opinion pursuant to the provisions of this Article, such action shall be deemed fair and impartial when exercised or taken. The City Manager shall render a decision in writing and deliver a copy of the same to the Proposer. Except as such remedies may be limited or waived elsewhere in the Agreement, the Proposer reserves the right to pursue any remedies available under law after exhausting the provisions of this Article. 7.59. MUTUAL OBLIGATIONS This Agreement, including attachments and appendices to the Agreement, shall constitute the entire Agreement between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereof unless acknowledged in writing by the duly authorized representatives of both parties. Nothing in this Agreement shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where this Agreement imposes an indemnity or defense obligation on the Proposer, the City may, at its expense, elect to participate in the defense if the City should so choose. Furthermore, the City may at its own expense defend or settle any such claims if the Proposer fails to diligently defend such claims, and thereafter seek indemnity for costs and attorney’s fees from the Proposer. 7.60. SUBCONTRACTUAL RELATIONS If the Proposer will cause any part of this Agreement to be performed by a subproposer, the provisions of this Contract will apply to such subproposer and its officers, agents and employees in all respects as if it and they were employees of the Proposer; and the Proposer will not be in any manner thereby discharged from its obligations and liabilities hereunder, but will be liable hereunder for all acts and negligence of the subproposer, its officers, agents, and employees, as if they were employees of the Proposer. The services performed by the subproposer will be subject to the provisions hereof as if performed directly by the Proposer. The Proposer, before making any subcontract for any portion of the services, will state in writing to the City the name of the proposed subproposer, the portion of the services which the subproposer is to do, the place of business of such subproposer, and such other information as the City may require. The City will have the right to require the Proposer not to award any subcontract to a person, firm or corporation disapproved by the City. Before entering into any subcontract hereunder, the Proposer will inform the subproposer fully and completely of all provisions and requirements of this Agreement relating either directly or                            106 39 indirectly to the services to be performed. Such services performed by such subproposer will strictly comply with the requirements of this Contract. In order to qualify as a subproposer satisfactory to the City, in addition to the other requirements herein provided, the subproposer must be prepared to prove to the satisfaction of the City that it has the necessary facilities, skill and experience, and ample financial resources to perform the services in a satisfactory manner. To be considered skilled and experienced, the subproposer must show to the satisfaction of the City that it has satisfactorily performed services of the same general type which are required to be performed under this Agreement. The City shall have the right to withdraw its consent to a subcontract if it appears to the City that the subcontract will delay, prevent, or otherwise impair the performance of the Proposer's obligations under this Agreement. All subproposers are required to protect the confidentiality of the City and City's proprietary and confidential information. The Proposer shall furnish to the City copies of all subcontracts between the Proposer and subproposers and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit of the City permitting the City to request completion of performance by the subproposer of its obligations under the subcontract, in the event the City finds the Proposer in breach of its obligations, and the option to pay the subproposer directly for the performance by such subproposer. The foregoing shall neither convey nor imply any obligation or liability on the part of the City to any subproposer hereunder as more fully described herein. 7.61. PROMPT PAYMENT: LATE PAYMENTS BY PROPOSER TO SUBPROPOSER AND MATERIAL SUPPLIERS; PENALTY: When a proposer receives from the City of Hollywood any payment for contractual services, commodities, materials, supplies, or construction contracts, the proposer shall pay such moneys received to each subproposer and material supplier in proportion to the percentage of work completed by each subproposer and material supplier at the time of receipt. If the proposer receives less than full payment, then the proposer shall be required to disburse only the funds received on a pro rata basis to the subproposers and materials Suppliers, each receiving a prorated portion based on the amount due on the payment. If the proposer without reasonable cause fails to make payments required by this section to subproposers and material suppliers within fifteen (15) working days after the receipt by the proposer of full or partial payment, the proposer shall pay to the subproposers and material suppliers a penalty in the amount of one percent (1%) of the amount due, per month, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed. Retainage is also subject to the prompt payment requirement and must be returned to the subproposer or material supplier whose work has been completed, even if the prime contract has not been completed. The Proposer shall include the above obligation in each subcontract it signs with a subproposer or material suppler. 7.62. TERMINATION FOR CONVENIENCE AND SUSPENSION OF WORK The City may terminate this Agreement if an individual or corporation or other entity attempts to meet its contractual obligation with the City through fraud, misrepresentation or material misstatement.                            107 40 The City may, as a further sanction, terminate or cancel any other contract(s) that such individual or corporation or other entity has with the City. Such individual, corporation or other entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney’s fees. The foregoing notwithstanding, any individual, corporation or other entity which attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement may be debarred from City contracting in accordance with the City debarment procedures. The Proposer may be subject to debarment for failure to perform and any other reasons related to the proposer’s breach or failure of satisfactory performance. In addition to cancellation or termination as otherwise provided in this Agreement, the City ma y at any time, in its sole discretion, with or without cause, terminate this Agreement by written notice to the Proposer and in such event: The Proposer shall, upon receipt of such notice, unless otherwise directed by the City: A. Stop work on the date specified in the notice ("the Effective Termination Date"); B. Take such action as may be necessary for the protection and preservation of the City's materials and property; C. Cancel orders; D. Assign to the City and deliver to any location designated by the City any non-cancelable orders for deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement and not incorporated in the services; E. Take no action which will increase the amounts payable by the City under this Agreement. In the event that the City exercises its right to terminate this Agreement pursuant to this Article, the Proposer will be compensated as stated in the payment articles herein, for the: A. Portion of the services completed in accordance with the Agreement up to the Effective Termination Date; and B. Non-cancelable deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement but not incorporated in the services. All compensation pursuant to this Article is subject to audit. 7.63. EVENT OF DEFAULT An Event of Default shall mean a breach of this Agreement by the Proposer. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include the following: A. The Proposer has not delivered deliverables on a timely basis;                            108 41 B. The Proposer has refused or failed, except in any case for which an extension of time is provided, to supply enough properly skilled staff personnel; C. The Proposer has failed to make prompt payment to subproposers or suppliers for any services; D. The Proposer has become insolvent (other than as interdicted by the bankruptcy laws), or has assigned the proceeds received for the benefit of the Proposer's creditors, or the Proposer has taken advantage of any insolvency statute or debtor/creditor law or if the Proposer's affairs have been put in the hands of a receiver; E. The Proposer has failed to obtain the approval of the City where required by this Agreement; F. The Proposer has failed to provide "adequate assurances" as required under subsection "B" below; and G. The Proposer has failed in the representation of any warranties stated herein. When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Proposer's ability to perform the services or any portion thereof, the City may request that the Proposer, within the time frame set forth in the City's request, provide adequate assurances to the City, in writing, of the Proposer's ability to perform in accordance with terms of this Agreement. Until the City receives such assurances the City may request an adjustment to the compensation received by the Proposer for portions of the services which the Proposer has not performed. In the event that the Proposer fails to provide to the City the requested assurances within the prescribed time frame, the City may: A. Treat such failure as a repudiation of this Agreement; B. Resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the services or any part thereof either by itself or through others. In the event the City shall terminate this Agreement for default, the City or its designated representatives may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 7.64. REMEDIES IN THE EVENT OF DEFAULT If an Event of Default occurs, the Proposer shall be liable for all damages resulting from the default, including but not limited to: A. Lost revenues; B. The difference between the cost associated with procuring services hereunder and the amount actually expended by the City for procurement of services, including procurement and administrative costs; and, C. Such other damages that the City may suffer.                            109 42 The Proposer shall also remain liable for any liabilities and claims related to the Proposer’s default. The City may also bring any suit or proceeding for specific performance or for an injunction. 7.65. BANKRUPTCY The City reserves the right to terminate this contract if, during the term of any contract the Proposer has with the City, the Proposer becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Proposer under federal bankruptcy law or any state insolvency law. 7.66. CANCELLATION FOR UNAPPROPRIATED FUNDS The obligation of the City for payment to a Proposer is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 7.67. VERBAL INSTRUCTIONS PROCEDURE No negotiations, decisions, or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Proposers, which are signed by a person designated as authorized to bind the Proposer, will be recognized by the City as duly authorized expressions on behalf of the Proposer. 7.68. E-VERIFY Proposer acknowledges that the City may be utilizing the Proposer’s services for a project that is funded in whole or in part by State funds pursuant to a contract between the City and a State agency. The Proposer shall be responsible for complying with the E-Verify requirements in the contract and using the U.S. Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired by the Proposer during the Agreement term. The Proposer is also responsible for e-verifying its subproposers, if any, pursuant to any agreement between the City and a State Agency, and reporting to the City any required information. The Proposer acknowledges that the terms of this paragraph are material terms, the breach of any of which shall constitute a default under this Agreement. 7.69. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Proposer shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 7.70. COST ADJUSTMENTS The cost for all items as quoted herein shall remain firm for the first term of the contract. Costs for subsequent years and any extension term years shall be subject to an adjustment only if increases occur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 3% per year or, whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPU-U) (National) as published by                            110 43 the Bureau of Labor Statistics, U.S. Dept. of Labor. The yearly increase or decrease in the CPI shall be that latest index published and available ninety (90) days prior to the end of the contract year than in effect compared to the index for the same month one year prior. Any requested cost increase shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the City shall have the right to receive from the Proposer a reduction in costs that reflects such cost changes in the industry. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the contract can be cancelled by the City upon giving thirty (30) days written notice to the Proposer. 7.71. OSHA STANDARDS Proposer acknowledges and agrees that as Contractor for the City of Hollywood, Florida, within the limits of the City of Hollywood, Florida, will have the sole responsibility for compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agrees to defend, indemnify and hold harmless the City of Hollywood, Florida, its officials, employees, service providers, and its agents against any and all legal liability or loss the City of Hollywood, Florida may incur due to the Contractor's failure to comply with such act.                            111 44 8. PROPOSAL SUBMISSIONS The responsibility for submitting a bid/proposal on or before the time and date is solely and strictly the responsibility of the bidder/proposer, the City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. No part of a bid/proposal can be submitted via FAX or via direct Email to the City. No variation in price or conditions shall be permitted based upon a claim of ignorance. 8.1. SUBMITTAL FORMAT* The items below are required components of your solicitation response in order for your bid/proposal/submittal to be consider responsive and responsible. Please confirm this submittal includes the following items in this checklist: A. Title Page: Show the RFP title/number, firm’s name, address, telephone number, contact person, email, and date. B. Table of Contents: Clearly identify the material by section title and page number, including the following sections: 1. Approach and Methodology 2. Environmental benefits 3. Vendor Capabilities 4. Driver's Qualifications 5. Firm's Qualifications 6. ADA Compliance 7. Maintenance/Recovery Plan 8. Risk Mitigation Plan 9. References 10. Pricing 11. Additional/Pertinent Information (Optional) C. Forms and Certifications (Completed) 1. This Submittal Checklist Confirmation 2. Bid Form (Pricing) 3. Vendor Reference Form* 4. Hold Harmless and Indemnity Clause 5. Non-Collusion Statement 6. Sworn Statement…Public Entity Crimes                            112 45 7. Certifications Regarding Debarment 8. Drug-Free Workplace Program 9. Solicitation, Giving, and Acceptance 10. W-9 (Request for Taxpayer Identification) 11. Certificate(s) of insurance that meet the requirements of the #SPECIAL TERMS AND CONDITIONS section. 12. Proof of State of Florida Sunbiz Registration 13. Acknowledgement and Signature Questionnaire This checklist is only a guide, please read the entire solicitation to ensure that your submission includes all required information and documentation. ☐ Please confirm *Response required 8.2. Bid Form * Upload pricing information in accordance with the scope and using the structure of Exhibit C - Pricing. Creative and optional pricing can be uploaded as separate attachments. *Response required 8.3. Vendor Reference Form* Please download the below documents, complete, and upload for each vendor reference. A Minimum of three (3) references are required. • Vendor_Reference_Form.pdf *Response required 8.4. Hold Harmless and Indemnity Clause * I, an authorized representative, the contractor, shall indemnify, defend and hold harmless the City of Hollywood, its elected and appointed officials, employees and agents for any and all suits, actions, legal or administrative proceedings, claims, damage, liabilities, interest, attorney’ s fees, costs of any kind whether arising prior to the start of activities or following the completion or acceptance and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part by reason of any act, error or omission, fault or negligence whether active or passive by the contractor, or anyone acting under its direction, control, or on its behalf in connection with or incident to its performance of the contract. ☐ Please confirm *Response required                            113 46 8.5. Non-Collusion Statement* I, being first duly sworn, depose that: A. He/she is an authorized representative of the Company, the Proposer that has submitted the attached Proposal. B. He/she has been fully informed regarding the preparation and contents of the attached Proposal and of all pertinent circumstances regarding such Proposal; C. Such Proposal is genuine and is not a collusion or sham Proposal; D. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the contractor for which the attached Proposal has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm or person to fix the price or prices, profit or cost element of the Proposal price or the Proposal price of any other Proposer, or to secure an advantage against the City of Hollywood or any person interested in the proposed Contract; and E. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. ☐ Please confirm *Response required 8.6. Sworn Statement Public Entity Crimes* Please download the below documents, complete, and upload. • Sworn_Statement_Public_Enti... *Response required 8.7. Certifications Regarding Debarment, Suspension and Other Responsibility Matters* The applicant certifies that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with                            114 47 obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. ☐ Please confirm *Response required 8.8. Drug-Free Workplace Program* A. IDENTICAL TIE PROPOSALS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 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 business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 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 employee 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.                            115 48 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program (if such is available in the employee’s community) by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of these requirements. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ☐ Please confirm *Response required 8.9. Solicitation, Giving, and Acceptance of Gifts Policy* Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. “No Public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.” The term “public officer” includes “any person elected or appointed to hold office in any agency, including any person serving on an advisory body.” The City of Hollywood/Hollywood CRA policy prohibits all public officers, elected or appointed, all employees, and their families from accepting any gifts of any value, either directly or indirectly, from any contractor, vendor, consultant, or business with whom the City/CRA does business. The State of Florida definition of “gifts” includes the following: • Real property or its use, • Tangible or intangible personal property, or its use, • A preferential rate or terms on a debt, loan, goods, or services, • Forgiveness of indebtedness, • Transportation, lodging, or parking, • Food or beverage, • Membership dues, • Entrance fees, admission fees, or tickets to events, performances, or facilities, • Plants, flowers or floral arrangements • Services provided by persons pursuant to a professional license or certificate. • Other personal services for which a fee is normally charged by the person providing the services.                            116 49 • Any other similar service or thing having an attributable value not already provided for in this section. Any contractor, vendor, consultant, or business found to have given a gift to a public officer or employee, or his/her family, will be subject to dismissal or revocation of contract. As the person authorized to sign the statement, I certify that this firm will comply fully with this policy. ☐ Please confirm *Response required 8.10. W-9 (Request for Taxpayer Identification)* Please download the below documents, complete, and upload. • W-9.pdf *Response required 8.11. List of Subcontractors* Please download the below documents, complete, and upload. • Form_14_-_List_of_Subcontra... *Response required 8.12. Certificate of Insurance* See requirements in the #SPECIAL TERMS AND CONDITIONS section. *Response required 8.13. Proof of Sunbiz Registration* Enter company FEIN to be verified in Sunbiz *Response required 8.14. ACKNOWLEDGMENT AND SIGNATURE PAGE 8.14.1. If Corporation - Date Incorporated/Organized:* *Response required 8.14.2. State Incorporated/Organized:* *Response required 8.14.3. Remittance Address* *Response required 8.14.4. Bidder/Proposer’s Authorized Representative’s Typed Full Name* *Response required                            117 50 8.14.5. IT IS HEREBY CERTIFIED AND AFFIRMED THAT THE BIDDER/PROPOSER CERTIFIES ACCEPTANCE OF THE TERMS, CONDITIONS, SPECIFICATIONS, ATTACHMENTS AND ANY ADDENDA. THE BIDDER/PROPOSER SHALL ACCEPT ANY AWARDS MADE AS A RESULT OF THIS SOLICITATION. BIDDER/PROPOSER FURTHER AGREES THAT PRICES QUOTED WILL REMAIN FIXED FOR THE PERIOD OF TIME STATED IN THE SOLICITATION.* ☐ Please confirm *Response required 8.14.6. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER/PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID/PROPOSAL NON- RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID/PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER/PROPOSER TO THE TERMS OF ITS OFFER.* ☐ Please confirm *Response required 8.14.7. Proposal Upload* Submit entire proposal including Title Page, Table of Contents, etc. *Response required                            118 City-Wide Micro-Transit Services 16 of 18 EXHIBIT C – Company’s Proposal                            119 A. Title Page Request for Proposal RFP04523SK For The Citywide micro-transit Services City of Hollywood, Florida Prepared for: City of Hollywood Senior Purchasing Agent Attn: Simone Knight 2600 Hollywood Boulevard Room 303 Hollywood, FL 33020 Date:March 8, 2023 Prepared by:Circuit Transit Inc 777 S Flagler Drive Suite 800 W West Palm Beach, FL 33401 Contact Person:Jason Bagley, National Partner jason@ridecircuit.com | 3054941612                            120 A.1 Cover Letter Circuit Transit Inc ridecircuit.com March 8, 2023 City of Hollywood Senior Purchasing Agent Attn: Simone Knight 2600 Hollywood Boulevard Room 303 Hollywood, FL 33020 Re: Request for Proposals RFP04523SK for The City of Hollywood, Florida Citywide micro-transit Services Dear City of Hollywood, This submission is in response to the Request for Proposals RFP for City of Hollywood micro-transit Shuttle Service.Thank you for the opportunity to submit our proposal to the City of Hollywood. This proposal will show that Circuit Transit Inc (operator of Hollywood Sun Shuttle and Fort Lauderdale Circuit, etc.) has the proven capabilities and background in providing a sustainable on-demand shuttle program, as well as relevant and specific experience in Broward County, local knowledge and familiarity with the City. Circuit is an active service provider in Hollywood, Florida, that is responsible for the successful deployment and management of the Sun Shuttle as well as similar services with Cities in South Florida, Brightline Trains and other Cities in NY, NJ, CA and TX. Circuit provides all electric, first/last mile solutions that help move people in local communities and bridge gaps between riders and existing transit. By using fleets of electric vehicles, leveraging the data from its ride-request app, and working with top advertisers, Circuit is able to provide an eco-friendly, data-centric and efficient solution that promotes circulation, reduces parking congestion, promotes local economic development, reduces vehicle miles traveled, encourages alternate options, creates local jobs, and covers the last mile conveniently and affordably to the rider. Circuit has worked with the CIty of Hollywood and the Hollywood Community Redevelopment Agency since 2019 to design, build, and manage the Hollywood Sun Shuttle. The program is currently moving around 12,000 riders per month, is responsible for creating approximately 20 jobs, and has continued to improve and become a fixture of the Hollywood Community. Together, we have been able to craft a program that has gotten the attention of the press, local officials and nearby Cities; several of which have since enacted similar programs of their own. Hollywood has set an example for efficient, eco-friendly mobility that changes how communities move. The Sun Shuttle has “Exceed(ed) Expectations”1 and the overwhelming demand from riders has showcased the need for transportation services in the City. The team is excited about the opportunity to build upon the existing services and craft an updated approach to the community. 1 https://hollywoodgazette.com/sun-shuttle-is-very-successful/ City of Hollywood RFP04523SK for Citywide micro-transit Services Page 2 of 123                            121 Circuit is the largest and most experienced operator of shared, on-demand, last-mile EV shuttle services in the US. With successful operations in 40 markets across South Florida, California, Texas, New York, New Jersey, and California, Circuit provides both national expertise and local experience. In South Florida, Circuit operates in Fort Lauderdale, Pompano Beach, Hollywood, West Palm Beach, Palm Beach, and Miami, as well as a 40 cars servicing Brightline Trains, across 5 stations in the area. With more than 350 employees and 190 vehicles, Circuit has the team, resources and experience to optimize mobility for Hollywood. Over the past five years, Circuit has engaged with stakeholders and businesses in the City of Hollywood and is very familiar with the local transportation needs and community. We have years of data that can be used to improve this program and inform the City of the movement of residents and visitors. The community support has been incredible and we’re honored to be a part of Hollywood’s growth. The company's officers and project leads are as follows: Alexander Esposito CEO / Co-Founder Email: alex@ridecircuit.com Tel: 5164468513 Address: 780 S. Sapodilla Ave West Palm Beach, FL 33401 Jason Bagley Partner, National Operations Email: jason@ridecircuit.com Tel: 3054941612 Address: 1305 SW 8th Ave Fort Lauderdale, FL 33315 Alexander and Jason have the authority to negotiate and contractually obligate the company. Jason will be the primary point of contact for this program and can be contacted for further clarification. If selected, we are committed to working with the City to provide a turn-key on-demand service designed to meet the needs outlined in this RFP. Circuit appreciates your review of our submission and welcomes any questions that you may have. Sincerely, Jason Bagely Partner, Circuit Transit Inc Circuit’s corporate headquarters are located at 777 S. Flagler Drive, Suite 800 West Tower, West Palm Beach, FL 33401. Circuit also has local offices located at 2031 Harrison St, Hollywood, FL 33020 and existing infrastructure, including a large local fleet of all electric Polaris GEMs e6, electric sedans, and electric passenger vans. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 3 of 123                            122 B. Table of Contents A. Title Page 1 A.1 Cover Letter 2 B. Table of Contents 4 B1. Approach and Methodology 7 B1.1 Service Planning, Research and Analysis 7 B1.1.1 Existing Services in Hollywood and South Florida 8 B1.1.2 Local Research, Current Hollywood Sun Shuttle, and Discovery 10 B1.2 Our Project Plan 15 B1.2.1 Proposed Operating Plan:16 B1.2.2 Alternate Options for On-Demand Services 21 B1.2.3 Alternate Operating Plan A21 B1.2.3 Alternate Operating Plan B 22 B1.2.4 Alternate Operating Plan C23 B1.2.2 Drivers 25 B1.2.3 Technology 26 B1.2.4 Timeline 27 B1.2.4 Project Team and Organizational Chart 27 B2. Environmental & Sustainability Benefits 29 B3. Vendor / Contractor Capabilities 30 B3.1 Background on Circuit 30 B3.2 General Company Information CONFIDENTIAL 31 B3.3 Financial Capabilities CONFIDENTIAL 34 B3.4 Revenue and Funding Capabilities 34 B3.4.1 Advertising Capabilities 34 B3.4.2 Fare Revenue Capabilities CONFIDENTIAL 35 B3.4.3 Grant Sourcing Capabilities 36 B3.5 Technological Capabilities CONFIDENTIAL 36 B3.5.1 Ride Request App 37 B3.5.2 Driver App Capabilities 38 B3.5.3 On Demand Coverage Zones and the Smart Stop Approach 39 B3.5.4 Using Data to Steer Service Operations 39 B3.6 Vehicle Capabilities 40 B3.7.1 Vehicle Maintenance Capabilities 42 B3.7 Driver Capabilities 43 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 4 of 123                            123 B3.7.1 Driver Model 43 B3.8 Customer Service Capabilities 45 B4. Driver’s Qualifications 46 B4.2. Training 47 B4.2.1 Certifications 48 B4.2.2 Drug Testing and Hiring Standard 48 B5. Firm’s Qualifications and Experience 48 B5.1 Experience Overview 49 B5.1.1 Experience Overview 49 B5.1.2 Neighborhood Electric Vehicle Operations & Maintenance Experience 49 B5.1.3 Micro-Transit Operations Experience 50 B5.1.4 Community Engagement Experience 51 B5.2 Project Experience 53 B5.2.1 Past Project Experience- Hollywood Sun Shuttle 53 B5.2.2 Past Project- FRED 54 B5.2.3 Additional Past Project Experience 55 B5.3 References 55 B5.4 Customer Testimonials Confidential)56 B6. ADA Compliance 57 B6.1 ADA Compliance Plan 57 B7. Maintenance / Recovery Plan 58 B7.1 Commitment to Avoid Service and Operation Disruptions 58 B7.2 Scenario Response 59 B8. Risk Mitigation 59 B8.1 Emergency Management Plan 59 B8.2 Risk Mitigation Plans 60 B9. Local Vendor Preference 63 B9.1 Local Hollywood Presence 64 B10. Pricing 66 B10.1 Fixed Pricing Rate Proposed Option 66 B10.2 Circuit Alternative Pricing Options Hollywood RFP 2023 68 B10.3 Unbanked Riders 70 C. Completed Forms and Certifications 71 C1. This Submittal Checklist Confirmation 71 C2. Bid Form Pricing) CONFIDENTIAL 72 C3. Vendor Reference Forms 75 C4. Hold Harmless and Indemnity Clause 78 C5. Non-Collusion Statement 79 C6. Sworn Statement…Public Entity Crimes 80 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 5 of 123                            124 C7. Certifications Regarding Debarment 82 C8. Drug-Free Workplace Program 83 C9. Solicitation, Giving, and Acceptance 84 C10. W9 Request for Taxpayer Identification)85 C11. List of subcontractors 86 C12. Certificate(s) of insurance 87 C13. Proof of State of Florida Sunbiz Registration 89 Appendix 91 Appendix 1 Letters of Support 91 Appendix 1.1 Rider Letter of Support:91 Appendix 1.2 Letters of Support:98 Appendix 1.2.1 Water Taxi 98 Appendix 1.2.2 Downtown Development Authority, WPB 99 Appendix 1.2.3 Cityfi 100 Appendix 1.2.4 Billy’s Stone Crab 101 Appendix 1.2.5 World Tire Inc.102 Appendix 1.2.6 Margaritaville 103 Appendix 1.2.7 Le Tub, Tiki Tiki, GG’s 104 Appendix 1.2.8 Diplomat Beach Resort Valet Services)105 Appendix 2 Example of Data Report 106 Appendix 2.1 February 2023 Hollywood Data Report 106 Appendix 3 Case Studies 112 Appendix 3.1 Hollywood Case Study 112 Appendix 3.2 Brightline Case Study 115 Appendix 3.3 San Diego Case Study 118 Appendix 4 Additional Past Project Experience 120 Appendix 4.1 New Rochelle NY 120 Appendix 4.2 Brightline 120 Appendix 4.3. West Palm Beach, FL 121 Appendix 4.4 Pompano Beach, FL 121 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 6 of 123                            125 B1. Approach and Methodology In 2019, Circuit and the City of Hollywood crafted one of the most advanced Neighborhood Electric Vehicle NEV shuttle services that had ever been deployed in Florida. Circuit is very pleased to provide our plan to the City of Hollywood in its endeavor for the next generation of transportation access in Hollywood. Circuit is eager to continue to operate the Hollywood Sun Shuttle as an active, engaged and embedded partner of the City and business communities. We are very excited to evolve the current Sun Shuttle service and match the needs of the RFP. We understand that the City wants to offer dynamic allocated routes and schedules to match consumer demand and support the upcoming fixed route community shuttle services. Over the last four years, Circuit and the City of Hollywood have worked in partnership to provide residents and visitors with a micro-transit mobility offering that is effective, sustainable, supports the local business community and provides a fun experience for riders. We look forward to the next iteration of transportation offerings in Hollywood, and hope that with our carefully crafted service operations plan, we will continue to work in partnership to support the City's transportation goals for its residents and visitors. The team at Circuit is incredibly proud of the work it’s accomplished with the City of Hollywood over the past 4 years.“Sun Shuttle Exceeds City’s Expectations”Hollywood Gazette) was in the headline of an article a few months after the service started and the service, team and technologies have continued to improve ever since. Not only is the Sun Shuttle exceeding the City’s expectations, together we’ve crafted a service that is exceeding the performance of nearly every other On-Demand service in the country. Since starting, other new vendors have come about and new technologies have been introduced, but when comparing ridership, ridership per vehicle hour, rider feedback and the cost per rider, there are few, if any services, run by other operators that have been able to achieve the demand and performance that we have in Hollywood. We’re committed to the City and committed to improving the Sun Shuttle for years to come. B1.1 Service Planning, Research and Analysis We've spoken with our Managers, Supervisors and Driver Ambassadors, surveyed riders, analyzed our historical data, and are confident that we can continue to deliver, and improve upon, a successful mobility option for the residents, visitors and community members of the City of Hollywood as we have since 2019. With 12 years, 190 vehicles, 9 states and 24 cities of operations, Circuit brings its national experience and network to the benefit of each City it works with. Our roots are in South Florida and specifically Broward and Palm Beach counties, where we have operated since 2011. Based on RFP Exhibits A and B, and the desire to operate three separate micro-transit zones, we have designed a service that is supportive of the City's goals, will continue to partner with the business community, is user friendly for the residents and visitors and complementary to the City's upcoming fixed-route community shuttles. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 7 of 123                            126 B1.1.1 Existing Services in Hollywood and South Florida Since 2019, the City of Hollywood has partnered with Circuit to provide a 100% electric micro-transit solution for residents and visitors. For just $2 per rider, the Circuit-operated Hollywood Sun Shuttle takes riders anywhere within the coverage area zone through our on-demand app or by waving down a driver. Hollywood has been a model city in the region and the services have been highly utilized and immensely popular among riders in the community. For more information on the existing service, please see below: Hours of Service ●Monday:1000am 900pm ●Tuesday:1000am 900pm ●Wednesday:1000am 900pm ●Thursday:1000am 900pm ●Friday:1000am 1000pm ●Saturday:1000am 1000pm ●Sunday:1000am 900pm Total hours of operation/week: 79 Vehicles ●Eight 5Passenger 6 seat) GEM Vehicles available during the Summer Months ●Ten 5 Passenger 6 seat) GEM Vehicles available during the Winter and High Season Months ●One ADA 3 Passenger 4 seat) GEM Vehicle available year round ●One 12Passenger 13 seat) Ford ETransit Electric Van Drivers/ Ambassadors: ●19 Total Staff, 14 of which are Hollywood Residents City of Hollywood RFP04523SK for Citywide micro-transit Services Page 8 of 123                            127 ○7 Full Time ○12 Part Time Ridership: ●Total Riders/Month (past three months since RFP March 2023 submission) ○Jan 2023 11,070 ○Feb 2023 11,803 ●Average Riders/Ride (past three months since RFP March 2023 submission) ○Jan 2023 1.75 ○Feb 2023 1.88 ●2022 Total Ridership in Hollywood 146,710 riders! Note: These are logged riders and may skew 814% below the actual ridership Fare: ●Free (from launch in April 2019 to April 2021 ●$1 (started April 2021 ●$2 (started April 2022 to Present) ●$18,399 (returned/credit to City of Hollywood in February 2023 Coverage area: FEBRUARY 2023 HEATMAP CURRENT GEOFENCED SERVICE AREA Western Hollywood Pilot Service Expansion- starting March 13 2023 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 9 of 123                            128 Upcoming March 2023 Western Hollywood Service Expansion Pilot Circuit,at no additional expense to the City, and in an effort to further support understanding Hollywood travel patterns, is working with the City Engineering department to conduct a pilot program using EV vans and our existing rider app to offer service west of our existing coverage area. If selected for the RFP we hope to leverage the information from this pilot to better inform the structure of future MTZ Zone 3 services. B1.1.2 Local Research, Current Hollywood Sun Shuttle, and Discovery After reviewing the details of the RFP, we immediately began our planning and analysis process. Fortunately, with four years of operating experience in Hollywood, FL, we were able to leverage feedback from our existing riders, driver ambassadors and the local business community, our review of the RFP and the Counties transportation systems, and use historical data from our Circuit on-demand rider and driver applications as well as our growing and evolving data reporting dashboard, to inform what we believe are the best options for the community within the parameters of the RFP. What We’ve Learned from Our Riders, Drivers and the Local Business Community City of Hollywood RFP04523SK for Citywide micro-transit Services Page 10 of 123                            129 In evaluating this opportunity, we started with the community. We hit the streets, spoke with Driver Ambassadors, rode along with our riders, and reviewed rider feedback from our application and our rider surveys: Feedback from our drivers ●We are the “tour guides” for the city! Our Driver Ambassadors know Hollywood, and we help bring people back to Hollywood. The resorts, hotels, businesses, all rely on us to help drive business. ●Residents would like us to expand to additional areas, including areas further West. ●More Circuit cars on the road- leading to faster pick up times and less delays! ●There are four major categories of people who use this service. ○Senior population 65relies on Circuit to get to the grocery store, post office, pharmacy. Some do not have cars and are on fixed incomes. They need Circuit more than ever, we have developed trust with many Hollywood seniors, and they’ve come to rely on the service. For some, it is a necessity for them. ○Tourists and visitors often say “I wish I had this in our city! Many report to us that they love using the service; knowing Circuit is there gives visitors a peace of mind, that is why they love coming back to Hollywood and exploring the Downtown area. ○Residents and commuters who use Circuit to get to work every day. ○Local residents use us to get to the beach and businesses downtown as a hassle and drive-free option. Feedback from riders ●“Keep Circuit going. Your drivers are very nice. Circuit is much needed and much appreciated.” ●“Circuit prevents a lot of DUIs, accidents, and potential loss of life.” ●“Circuit is one of the things that makes Hollywood great ” ●“I enjoy Circuit. I love it when it's a nice day to just sit and relax while someone else drives.” ●“Circuit is great, I love having the windows-down, casual transportation option.” ●“With Circuit, I never have to worry about sitting in traffic with my car. I take it to/from my home to downtown and the restaurants at the Boardwalk, all while helping the environment- no gas! I love it!” ●“Circuit is a blessing for me. I don’t have a car and I’m handicapped, so I’m limited in my ability to walk distances. Circuit allows me to go grocery shopping, run errands, and even go to the beach. Im super grateful- we need more Circuit everywhere- protect our earth from car pollution and continue to offer low cost rides. Thank you.” Feedback from local business community ●“Circuit is a great addition to the community helping locals and tourists safely move around the city in an eco friendly manner. During the COVID19 Pandemic, Billy's stone crab and Circuit teamed up for deliveries to help people during quarantine. Thank you for your amazing services and helping our community!” Billy’s Stone Crab ●"We are very pleased with the results of our marketing efforts with Circuit. The combination of a wrapped vehicle along with conscientious coupon distribution by the drivers has been very effective for Rita's of Hollywood." Jody Ralfkind, Rita’s, Marketing & Community Outreach Director Letters of Support- Hollywood Riders City of Hollywood RFP04523SK for Citywide micro-transit Services Page 11 of 123                            130 In addition to the Business Support Letter, Circuit recently also published a “Letter of Support” that went out to Hollywood Sun Shuttle riders. The document received over 122 signatures, ranging from residents 72, visitors 40, local business owners 7, and others 3. Please view Appendix 1 to reference the Letter of Support Riders) and Signatures. Letters of Support- Local Businesses We’ve received numerous Letters of Support from local businesses which can be seen in Appendix 1.2 Hollywood Sun Shuttle Rider Survey We conducted a survey at the end of 2022, prior to the RFP being released and to obtain qualitative feedback from riders in Hollywood. The survey received 700 responses from South Florida Circuit riders and 141 of these respondents noted that they use Circuit primarily in Hollywood. Based on the questions and responses we learned: ●94% responded “Yes” to the question “Do you think Circuit is a good addition to your community?” ●81% responded “Yes” to the question, “Does Circuit help you save money on transportation?” ●88% responded “Yes” to the question “Would you like to see more Circuit cars in service?” We were also excited to see the large number of respondents that used the service to go to Grocery Stores, Restaurants, Local Stores, and other areas of commerce. Based on our assessment and analysis of weighted average “spends” in these types of businesses, current ridership and industry publications2, we can confidently say that the service contributes to over $350k/month in economic activity. 2 https://www.apta.com/research-technical-resources/research-reports/economic-impact-of-public-transportation-investment/ City of Hollywood RFP04523SK for Citywide micro-transit Services Page 12 of 123                            131 February 2023 Data Analysis from Existing Sun Shuttle and Methodology From this February 2023 Data Review we learned: ●Top 5 Pickup Locations and Dropoff located continue to skew towards serving leisure riders ●49% of the monthly rides were “pooled” meaning there are more than one group per ride. This is a key component to combating congestion and a key feature of the Circuit App. ●The busiest time of service is 3pm-6pm, however some riders have indicated they’d like to be able to use the service to commute in the morning In February 2023, the top five drop off and pick up areas for the Hollywood Sun Shuttle overwhelmingly showcased ridership patterns that riders are using the Sun Shuttle for shopping at Publix and for leisure trips to and from restaurants downtown and the beach. As showcased below in ridership broken down both hourly and weekly, weekend trips see the busiest service days with service dipping on Wednesdays. Ridership sees daily peak times between 2pm and 6pm, and begins to drop off by 7pm. February 2023 Ridership Average Weekday Ridership City of Hollywood RFP04523SK for Citywide micro-transit Services Page 13 of 123                            132 February 2023 Ridership Average Hourly Ridership February 2023 Heatmap Top Five Pickup Locations Feb 2023 Address 1 Margaritaville Hollywood Beach Resort 2 Publix Supermarket at Hollywood Circle City of Hollywood RFP04523SK for Citywide micro-transit Services Page 14 of 123                            133 Address 3 Mobility Hub 320 Johnson St. Hollywood FL 33019 4 Beach Pickup 1111 N Ocean Dr. Hollywood FL 33019 5 The Diplomat 3555 S Ocean Dr. Hollywood FL 33019 Top Five Drop off Locations Feb 2023 Address 1 Margaritaville Hollywood Beach Resort 2 Publix Supermarket at Hollywood Circle 3 GG’s Waterfront Ocean Resort 4 Twin Peaks Hollywood Blvd 5 DoubleTree Resort by Hilton Hollywood Beach In determining expected ridership and number of cars needed, Circuit’s team analyzed past and current Sun Shuttle data, in contrast to the given upcoming Community Shuttle routes and schedules, to determine the best service hours for the MTZ zones, and how this will impact fares and net costs. Circuit can use this data to help the City and County in crafting community shuttle routes and stops. Circuit, if the City is interested in pursuing this option, can also set up predetermined pickup and dropoff spots around the zone that align the upcoming stops for the community shuttle routes. Example: Red Line Route from Exhibit A of the RFP Left) and a heatmap of common pickup and dropoff areas from Circuit’s database Right). B1.2 Our Project Plan City of Hollywood RFP04523SK for Citywide micro-transit Services Page 15 of 123                            134 Circuit understands the City’s Goals for this RFP and we have crafted a program that meets the needs of the community and is confident that in partnership with the upcoming Community shuttles, the Hollywood Sun Shuttle will continue to support mobility options and reduce traffic congestion. We're one of the few providers with experience operating numerous electric vehicles (and types of electric vehicles) as part of the same fleet. The existing Sun Shuttle’s fleet includes standard and ADA GEM Neighborhood Electric Vehicles NEVs) and Ford ETransit EV Vans. Expanding upon our existing fleet of electric vehicles, existing team of local W2 driver ambassadors, and the Circuit on-demand rider and driver mobile applications, Circuit is prepared to continue to deliver best in class services for the City of Hollywood, as detailed in our operating plan and alternative plans listed below. B1.2.1 Proposed Operating Plan: Circuit is willing and eager to run a program that is designed to meet all of the requirements of this RFP. Additionally, as detailed in the alternate options below, Circuit would like to work with the City to explore what modifications to the service details, operating hours, vehicle types and coverage areas can be adopted in an effort to maximize cost savings, the effectiveness of the on-demand services and to promote ridership on the fixed route Community Shuttles.Circuit is also willing to pilot new areas of Hollywood to test and determine needs, usage and long term feasibility of the respective communities. Following the guidelines set forth in the RFP, Circuit will structure a service that adheres to the City’s vision, however Circuit has also offered a few alternative options for consideration. If selected, the Circuit team would love to work closely with City staff and local stakeholders to review and refine the operating plan as desired, to best meet the needs of the community within the available budget. These plans can all be adjusted and it is our hope that these examples provide further context around what modifications might be considered. Proposed Operating Plan Quick Facts: ●Total Hours Per Week:56 ●Total # of EV Vans 4 ●Total # of GEM NEV Cars:2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:3 Separate Zones ●Notes:This option is based on the hours indicated by the RFP, broken out by the zones indicated in the RFP and within the range of the current service budget. This service would reduce the number of hours compared to the current operation. Days & Hours of Operation Based on our existing data we propose the following service hours per zone. Based on seasonality and demand patterns we can amend these hours as needed or at the request of the City of Hollywood. ○MTZ Zone 1 Seven days a week, eight hours a day 12 8pm ET ○MTZ Zone 2 Seven days a week, eight hours a day 12 8pm ET ○MTZ Zone 3 Seven days a week, eight hours a day 10am 6pm ET City of Hollywood RFP04523SK for Citywide micro-transit Services Page 16 of 123                            135 Coverage Areas MTZ Zone 1 MTZ Zone 2 MTZ Zone 3 *Note: MTZ3 could be extended in the northeast corner to include service for the Hollywood Tri-Rail Station City of Hollywood RFP04523SK for Citywide micro-transit Services Page 17 of 123                            136 Vehicles Seven 7 Vehicles in Total ●Three 3 Ford ETransit EV Van ○Electric Vehicle ○Model year 2022 or newer, all weather ○12 passenger seats + driver, 0 ADA positions ●One 1 Wheelchair Accessible Ford ETransit EV Van ○8 passenger seats + driver, 1 ADA position ○Flexible to move to any of the MTZ’s when and ADA trip is requested ●Two 2 GEM e6 Neighborhood Electric Vehicle) NEV vehicles ○Electric Vehicle ○Model year 2020 or newer, all weather ○5 passenger seats + driver, 0 ADA positions ●One 1 Wheelchair Accessible GEM NEV vehicles Bonus No Additional Cost) ○Electric Vehicle ○Model year 2020 or newer, all weather ○3 passenger seats + driver, 0 ADA positions Vehicle allocation by zone ●MTZ 1 1 Ford eTransit EV Van, 1 GEM NEV ●MTZ 2 1 Ford eTransit EV Van, 1 GEM NEV ●MTZ 3 2 Ford eTransit EV Vans ●Total 7 6 Vehicles + 1 Extra Standby ADA NEV One Ford EV Van is a Wheelchair Accessible Vehicle WAV with eight passenger seats including the wheelchair, as well as one ADA GEM with four passenger seats including the wheelchair. The ADA Van will be available to move between zones as needed. As we already have a Sun Shuttle branded Wheelchair Accessible GEM car in the market we would bonus that vehicle at no additional cost to the City. Per our existing Sun Shuttle ridership data, we see 68 WAV requests per month on average. For this program, we propose all-electric GEM e6 vehicles and Ford ETransit EV Vans- one of which is wheelchair accessible WAV . These cars will operate in a demand-based coverage area with point to point service where riders can request a ride to/from any location within the geo-fenced service map. These vehicles allow for easy boarding and Circuit’s pooling algorithm will further reduce single occupancy vehicle trips by linking riders headed in the same direction, with parameters specified in coordination with the City. For further information about these vehicles and their specifications and capabilities please refer to Section B3.6 Vehicle Capabilities. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 18 of 123                            137 Fares Historical Information Sun Shuttle initially started as free to the user. In April of 2021, at a renewal of the contract, Circuit was asked to implement a $1 fare to control demand and offset some cost to the City. In April of 2022 it was decided to increase the fare to $2 per rider after the initial success of the fare implementation. Fortunately, we found that the fares did not negatively impact total ridership, and in fact led to higher efficiency due to reduced cancellations from riders. The Sun Shuttle service has been incredibly popular, so there are times where demand outweighs supply and wait times begin to climb. The fare program is a valuable tool in controlling demand and reducing cancellations. Proposed Fare Rate Confidential) The $2 rate continues to be met with little resistance, has helped efficiency, and reduced frivolous trips. We are confident that for this expanded service $2 would continue to be an appropriate fare, with the potential to increase to $3 per rider for on demand service. It could be capped at a set amount so that large groups are not paying $12 or $15 but rather cap the group fare at $7. Additionally, Circuit is building a zone pricing feature in its app so that it will be able to offer the City the option to adjust pricing based on zones. For example, the structure could be set that within a single zone the fare is $2, however if you travel between zones it increases to $3. There is also the option to provide free rides via promo codes. Hollywood riders could ride free in September, for example. Partnership with the Local Business Community We appreciate the City's intentions to tie in with the local business community and we've demonstrated our ability to work with local businesses in Hollywood, working with partners like The Water Taxi, Billy’s Stone Crabs, the Hollywood CRA to promote local events such as Art Walk, Hollyweird and Dream Car Classic, and other local stores, restaurants, and attractions. We've also built a system where we can pre-sell discount/promo codes to businesses so they can offer those codes to their customers. For example, Rita’s is one of our current advertisers, and we can provide “discount coupons” to riders, driving business to the local Rita’s stores. This concept has been well received and we will make an effort to review this, and other ways to encourage buy-in from the local business community through targeted marketing campaigns and activities. We also work with the City of Hollywood and their Marketing team on awareness and education activations, such as the “Turtle Nesting” campaign from March 2023 October 2023. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 19 of 123                            138 Grocery Distributions (during COVID, in partnership with Feeding South Florida City of Hollywood RFP04523SK for Citywide micro-transit Services Page 20 of 123                            139 B1.2.2 Alternate Options for On-Demand Services Our alternative approaches are explained in more detail below, and have the capabilities to make the micro-transit service more robust and cost effective. While increased services may increase total costs, these services allow the City to get more “bang for the buck”. Circuit is prepared to operate the service in adherence to the RFPs specifications as we have laid out in our proposed operating plan, but we wanted to bring to the City’s attention our alternative approaches as a means to serve more riders and provide a connection to other communities and mass transit. B1.2.3 Alternate Operating Plan A The 1st element of the proposed alternative plan involves joining MTZ 1 and 2 in an effort to provide more circulation along the barrier island and around downtown as well as seamless connectivity between downtown and the beach. Coverage Areas Alternate combined MTZ1 & 2 to service the barrier island and downtown and to connect both later in the evening after some Community Shuttle routes ceases operations at 5pm City of Hollywood RFP04523SK for Citywide micro-transit Services Page 21 of 123                            140 Alternate MTZ3 service area to include Hollywood Tri-Rail station and the option to extend to Memorial Regional Hospital Alternate Option A Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans 4 ●Total # of GEM NEV Cars:2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:MTZ 1 and MTZ2 become combined into a bigger zone with 2 EV Vans and 2 GEMs. MTZ 3 remains as its own zone, with slightly adjusted coverage area to include Tri-Rail and Memorial Regional Hospital, serviced with 2 EV Vans. ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP, by approx 41%, while only increasing costs by approx 22%. B1.2.3 Alternate Operating Plan B Alternate Option B Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans Peak Season): 4 ●Total # of EV Vans Low Season): 4 ●Total # of GEM NEV Cars Peak Season):2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Total # of GEM NEV Cars Low Season):2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:MTZ 3 remains as its own zone, with slightly adjusted coverage area, MTZ 1 and MTZ 2 become combined into a bigger zone. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 22 of 123                            141 ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. B1.2.4 Alternate Operating Plan C Alternate Option C Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans Peak Season): 4 ●Total # of EV Vans Low Season): 4 ●Total # of GEM NEV Cars Peak Season): 2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Total # of GEM NEV Cars Low Season): 2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$3 ●Structured:MTZ 3 remains as its own zone, with slightly adjusted coverage area, MTZ 1 and MTZ2 become combined into a bigger zone. ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Furthermore, Circuit will set up a new pricing model that will adjust rider pricing by zones. For example, a ride from Zone 3 to Zone 1 might be $4, but a ride within Zone 2 might be $2. This dynamic pricing model will also be structured to incentivize larger groups and increase efficiencies. With this option, as with any of the options, Circuit can work with the City to explore predetermined pickup and dropoff spots, using the Circuit Connect Smart Spot approach, adjusting pricing models for fares, zone-based pricing to adjust prices, and or a combination of these features. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 23 of 123                            142 Alternate Option C Zone Mtz-1 & 2 With Smart Stops* *Actual location of Smart Stops TBD, Circuit has highlighted some popular drop-off and pick-up locations Alternate Option C Zone Mtz-3 With Smart Stops* *Actual location of Smart Stops TBD, Circuit has highlighted some popular drop-off and pick-up locations City of Hollywood RFP04523SK for Citywide micro-transit Services Page 24 of 123                            143 B1.2.2 Drivers Circuit will leverage its existing team of experienced W2 employee Driver Ambassadors, Local Managers and Supervisors in Hollywood,ensuring service performance and company operational standards. 14 of the 19 current Hollywood Driver Ambassadors live in the Hollywood community and all Driver Ambassadors have experience operating in the proposed micro-transit coverage areas. As a reminder to the City, all of Circuit’s qualified W2, local, screened and background-checked Driver Ambassadors are a critical part of Circuit’s proposed approach to this project. Circuit has built a successful, proud team in the City of Hollywood, and hopes to use and expand this team going forward. The average tenure of our Hollywood staff is 21.8 months. Drivers are required to speak fluent English and several are bi-lingual, many also speaking fluent Spanish. Many of our drivers in Hollywood have been working in the community for multiple years, live locally and have become true ambassadors of the area. This local experience is not something that can be taught or trained and has continued to become more valuable in delivering the best quality of service for the City. For more details on our driver training, qualifications and certifications,please see section B4, below. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 25 of 123                            144 Circuit’s Hollywood team, fleet of event-ready GEM NEVs, 100% Electric Vans & Teslas at Safe Streets Summit 2023 B1.2.3 Technology Since the Sun Shuttle’s launch in 2019, Circuit has used our custom proprietary mobile app to move over 500k riders.Throughout Sun Shuttle’s lifetime the service has gone through 25 app upgrades to improve bug fixes, integrate fares and deliver smarter routing capabilities. Circuit’s tech team has continued to grow, improve and roadmap new features and enhancements for 2023 and 2024. Current version of the mobile app in Hollywood, including ADA request option, 2023 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 26 of 123                            145 Circuit was able to integrate fares and user payment profiles into the app in March 2021 when the service went from fare-free to $1, and again in March 2022 with the $2 fare increase. More details, including a deeper dive into Circuit’s Technology is available in Section B3.5 Technological Capabilities. B1.2.4 Timeline With robust infrastructure already in place such as experienced Hollywood Management, Supervisors, Driver/ Ambassadors, support from local Corporate staff, vehicles and maintenance, parking and charging, Circuit can seamlessly transition from existing services in Hollywood to this updated program. CIrcuit has direct access to the manufacturer and can add additional vans (beyond the current pilot with vans), within 30 days. Currently the Sun Shuttle program has been extended through July 2, 2023. Circuit is comfortable committing to operate the new service starting on, or if needed, prior to the existing contract ending. B1.2.4 Project Team and Organizational Chart Project Team Qualifications Partner/ Project Manager Jason Bagley -Jason is a National Partner at Circuit, has over 12 years of experience operating similar services in South Florida and would be the primary contact for this program. He controls all South Florida operations and comes at no cost to the City of Hollywood. Jason currently oversees Circuit’s national fleet operations for 190 vehicles and our operations with 60 vehicles in Palm Beach, Broward, and Miami counties. Jason has been operating 100% electric shuttle services in Broward County since 2011 and with his fleet expertise spends time consulting the GEM corporate technicians on vehicle diagnostics and new solutions. He will be the lead in preparing for and launching operations and will oversee local managers during operation, oversee ongoing maintenance, and coordinate any changes to service such as service expansion. He has been an integral part in launching service in several markets, as well as assisting in managing operations across the country and focusing on national quality control. Before joining Circuit in 2012, he worked as a Regional Manager for a full service National Parking and Transportation Company. He received his BA in Communication from Florida Atlantic University. Jason is based in Fort Lauderdale and is active in the community. Public Partnership Manager Alana Wortsman -Alana brings 13 years of experience in the nonprofit sector, helping to create more sustainable communities. At Circuit, she now helps manage the public-private partnerships in South Florida. Alana works with current service cities on community engagement, events, public affairs, grant opportunities, and marketing materials. Alana was born and raised on Long Island, NY and has a Communications degree from SUNY Oneonta. Alana now resides in Hollywood, FL as her place to call home. For fun, you can catch her riding her bike down Hollywood Broadwalk or running with her dog along A1A. Regional Manager Camille Santiago Manages hiring, onboarding and scheduling for all South Florida operations and comes at no cost to the City of Hollywood. Camille currently oversees and schedules roughly 35 managers, supervisors and drivers in Palm Beach and Broward counties only. Her background City of Hollywood RFP04523SK for Citywide micro-transit Services Page 27 of 123                            146 is Community focused relations with experience in transportation related industry. Manager and shift supervisor (explained below) onboarding is crucial to service success and having a dedicated manager with experience in multiple locations but at the same time hyper-focused in one area is crucial. Area Manager Bob McCure -Bob is currently an Area Manager overseeing all day to day operations of Circuit’s Broward locations. Bob has been with Circuit since 2015 where he started as a driver in Fort Lauderdale. His positive attitude, attention to detail and effective leadership has paved the way for several promotions over the years. Today, Bob manages Fort Lauderdale, Pompano Beach and Brightline Ft. Lauderdale locations and teams. Bob has used his experience in recruiting to successfully build and retain teams which has produced several supervisors and future location managers to keep up with company growth opportunities. Bob was born and raised in Plantation and now calls Fort Lauderdale home. CEO / Co-Founder Alex Esposito Started on a hunch that shared, electric rides would help alleviate parking congestion at the beaches, Circuit (formerly The Free Ride) has evolved into a last-mile mobility solution that’s embraced by cities across the US. He has 10 years of experience in on-demand electric micro-transit services. Prior to Circuit, Alex worked as a consultant for Accenture NYSE ACN and in marketing for Vistaprint Nasdaq: CMPR. He holds a BS in Finance and MBA from Bentley University. Alex has been a featured contributor at Smart Cities NY, LA CoMotion, 2020 Cities Boston, South Florida Safe Streets Summit, Urban-X and LACI. He’s been recognized as a Forbes Next 1000 Entrepreneur and a Association for Commuter Transportation (actweb.org) 40 under 40 award recipient. Alex is based between Circuit’s Fort Lauderdale Office. COO / Co-Founder James Mirras Oversees all national operations and will work closely with Jason Bagley to plan and set up operations, hiring processes, tech improvements, reporting processes, metrics, and any additional requests of the City of Hollywood. James is the head of Operations and Finance. He has a total of 10 years of experience in transportation services similar to those requested by this RFP. Beginning in 2011, James started the Hamptons Free Ride (now Circuit) operations in East Hampton, Southampton and Montauk, NY. His attention to detail, people skills, and strong work ethic helped create a solid foundation that the company has been able to grow from. James moves between the company’s locations, focusing on business development, management training, vendor relations and overall strategy. James received his BS in Finance from University of Florida. After graduating in 2009, he worked for Morgan Stanley NYSE Transportation Development Coordinator Isabella Downes Isabella is a Transportation Development Coordinator at Circuit, supporting sales and partnership teams to launch on-demand 1st/last mile mobility solutions. Isabella has 5 years experience working to drive innovation between public and private entities. She has launched over 10 micro-transit services that are meant to act complementary to existing transit infrastructure or as stand alone services in light of no other transit options. Isabella has published two studies exploring transportation access in various US cities and the impact access has on socioeconomic development. Isabella holds a BA in Public Relations from Wayne State University and an MA in Sustainable Urban Development from DePaul University. In addition to her role at Circuit, Isabella serves on the Young Professionals in Transportation- NYC Board as the Director of Programs Co-Chair. She is very passionate about solving complex transportation justice issues. Head of Technology Tucker Costello Tucker is the Managing Director, Internal Development for Circuit. He handles internal business and technical development. He has over 5 years of experience in transportation services similar to those requested by this RFP. He handles new app deployments, City of Hollywood RFP04523SK for Citywide micro-transit Services Page 28 of 123                            147 including testing and ongoing support. He works closely with our operations teams to incorporate partner, driver, and rider feedback from our locations to ensure a seamless experience throughout our platform with timely and relevant updates. Tucker holds a BA from Skidmore College. Over a decade of hands-on hardware and software implementation has given him a deep understanding of how technology enhances our work. Tucker would handle the location deployment within the mobile app, testing and coordination with operations staff, handle features requests, and lead ongoing testing and technical support. In House Counsel Anita Chen -is counsel for business development. Anita received her BS in Finance and Marketing from New York University and her JD from Touro College Jacob D. Fuchsberg Law Center. Prior to law school, she worked at Bankers Trust Company in New York City as an associate in their commercial paper department. As a lawyer, she worked for LeBoeuf, Lamb, Greene & MacRae as a litigator representing clients including Lloyd’s of London, Prudential Financial and Barneys New York. After several years in the private sector, Anita joined Manhattan Legal Services representing low-income residents in New York City. She now counsels for many small-businesses including taxi medallion companies, real estate holding companies, bars and restaurants. Anita has been with Circuit since 2018. Organizational Chart B2. Environmental & Sustainability Benefits We understand and appreciate the City’s desire to implement environmentally friendly services to the City of Hollywood RFP04523SK for Citywide micro-transit Services Page 29 of 123                            148 community. With the Sun Shuttle, Hollywood was a first-mover in Florida as it relates to deploying electric vehicles into public services. With the current Sun Shuttle program, Circuit and the City are currently helping to avoid over 9 Metric TONS of GHG emissions per month. Circuit applauds the City of Hollywood for its committed, forward thinking and dedicated approach to solving last mile, congestion, and emissions challenges and the strong commitment to a sustainable fleet. Circuit remains committed to using only 100% battery electric vehicles. The vehicles are ideal vehicles for short-range, sustainable, about-town transportation and Our 100% electric fleet exceeds the RFP’s specifications for “environmentally friendly and sustainable vehicles”. Fortunately, impact is inherent in the service we offer. The more shared rides that we provide, the more emissions and vehicle miles traveled VMTs) are reduced. There will be a heavy emphasis on ridership and we will measure success based on metrics including but not limited to: total ridership, riders per ride, riders/hour, jobs created, connections to transit, customer experience, and GHG emissions reduced. High ridership shows us that riders are happy, the service is priced effectively and the design meets the needs of the community. High ridership also reduces the Cost Per Rider CPR. Single Occupancy Vehicles are bad for Cities. Circuit hopes that this program will continue to demonstrate how eco-friendly, shared and sustainable programs can help reduce the need for single occupancy vehicles SOVs), promote ridership on existing Transit, create jobs and reduce commuting costs, GHG emissions and VMTs. Electric first/last-mile micro-transit is a great option for all types of communities and has proven to be a success in Hollywood. Tracking the environmental benefits will be a priority moving forward and will help to unlock more funding from upcoming environmentally focused grant programs. Circuit has been fortunate to receive grants for environmental reasons including but not limited to our programs with NYSERDA, Clean Mobility Options Grants CMO, CARB Funding California Air Resources Board) and others. Circuit will track greenhouse gas emissions and tailpipe emissions reductions. We can provide estimates based on projections for vehicle miles traveled and FHWA and EPA metrics and constants for average vehicle miles per gallon by vehicle type and carbon constant for gasoline fuel. We can also generate these based on a shared ride model including ridership, average trip distance, and FHWA and EPA constants and metrics. B3. Vendor / Contractor Capabilities B3.1 Background on Circuit Circuit has enjoyed working with the City of Hollywood since 2019 to launch and operate the Hollywood Sun Shuttle. With over 11 years of experience, Circuit has established itself as a national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EVS and NEVs. We have a currently existing fleet of 13 electric vehicles, and a team of 19 EV trained and W2 paid employees in Hollywood. Additionally, we have a corporate team already in place in Hollywood, Florida with expertise in national operations, marketing, advertising sales, technology, reporting, and expansion. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 30 of 123                            149 Our corporate team has extensive experience in planning, designing, implementing, reporting, and maintaining NEV micro-transit programs and has operated programs similar in size and scope to this RFP, including fare-based systems. Our high customer satisfaction ratings and high demand are a testament to the superb customer service provided by our driver ambassadors and management. Circuit prides ourselves in closing first / last mile gaps and providing an enjoyable and safe rider experience. This encourages riders to avoid using single occupancy vehicles or private rideshare services that add congestion and pollution, as we have seen in Hollywood since the launch of Sun Shuttle. Specifically, Circuit has been the most successful in: 1. Connecting riders with local destinations including local businesses, restaurants, nightlife, transit, and parking 2. Encouraging ridership and ridership on other forms of transit 3. Forming public private partnerships PPPs) with cities, developers, entertainment and sports complexes, and local agencies to craft services for hyper-localized coverage areas 4. Building local, trained, w2 and background-checked teams that maintain a level of quality control and understanding of the area creating an enjoyable customer experience. B3.2 General Company Information CONFIDENTIAL General Information Within the last five years, Circuit has operated similar on-demand shuttle services using all-electric vehicles in Florida under contract with government entities, including City of Hollywood, City of Fort Lauderdale, City of Pompano Beach, City of Wilton Manors, West Palm Beach Downtown Development Authority, and Palm Beach County Convention Center. We have a current service contract with Brightline Trains. We have also privately funded services in Miami, Pompano Beach, and Palm Beach Gardens. Circuit also has experience with FDOT funding requirements. ●Business Name:Circuit Transit Inc. (wholly owned Subsidiary of TFR Holdings Corp) ●Corporate Headquarters: 777 S Flagler Drive, Suite 800W, West Palm Beach, FL 33401 ●Phone Number: 6465043733 ●Website:www.ridecircuit.com ●Corporate Employees: 32 Full Time ●Driver Ambassadors: 360 ○Full Time: 159 ○Part Time: 154 ●Professional Staff: Circuit has 92 employees working in Broward County, with 19 in Hollywood. Circuit has a total 164 South Florida employees. ●Employee Retention: Quarterly Avg): 94% ●Local Hollywood Address:2031 Harrison St, Hollywood, FL 33020 Circuit has a current office in Hollywood Florida. If selected for the next iteration of the Hollywood Sun Shuttle service, Circuit will use the local office at Buro at 2031 Harrison St, existing vehicle charging and parking at Circ Residences/ Publix garage at 1780 Polk St and at Costa Hollywood Beach Hotel at 777 N. Ocean Dr. Additionally, Circuit has a nearby regional office at 501 E. Las Olas Blvd, Suite 200, Fort City of Hollywood RFP04523SK for Citywide micro-transit Services Page 31 of 123                            150 Lauderdale, FL 33301.Circuit has a Corporate office at 777 S Flagler Drive, Suite 800W, West Palm Beach, FL 33401 ●Business Incorporation Date & Location Circuit has been operating in Florida since 2011 through its wholly owned subsidiaries Eco Cab LLC and South Florida Free Ride LLC. Eco Cab LLC and South Florida Free Ride LLC were organized and formed in the State of Florida in 2008 and 2012 respectively. As a part of the restructuring of the companies, Circuit Transit Inc was incorporated in 2018 in the State of Florida acquiring Eco Cab LLC and South Florida Free Ride LLC. Circuit Transit Inc, previously TFR Transit Inc, is a wholly owned subsidiary of TFR Holdings Corp, which is incorporated in the State of Delaware. ●Local Business and Legal Status -Circuit Transit Inc is a C Corporation incorporated in Florida. Circuit Transit, with its affiliated operating companies, has been operating in Florida since 2011. Circuit is a local business with current operations in Broward County in nearby communities including Pompano Beach, Fort Lauderdale, and Hollywood as well as a partnership with Brightline. Circuit operates over 40 on-demand micro-transit services across the US. Circuit is the operator of the Hollywood Sun Shuttle, Pompano Beach Circuit, West Palm Beach Circuit, and Brightline+ shuttle services. ●Business Licenses, Permits & Certifications Circuit has all required documentation in place to operate the services described in this RFP in the State of Florida and has operated similar services in Broward County. ○EIN 824586300 ○DUNS 117547537 ○US DOT 3562459 ●State of Florida, Applicable Code & Regulations:Circuit is fully licensed and certified in the State of Florida at the time of submittal for the type of goods/services to be provided. Circuit understands the regulatory requirements for the services to be provided and has met them for other city contracts. Circuit can meet these requirements and will adhere to all applicable code regulations at the Federal, State, and City levels. Primary Contact Person:Jason Bagley, Partner, National Operations - jason@ridecircuit.com - 3054941612 Additional Points of Contact : ●Alexander Esposito CEO & Co-Founder - alex@ridecircuit.com ●James Mirras COO & Co-Founder - james@ridecircuit.com ●Isabella Downes Transit Development Coordinator- isabella.downes@ridecircuit.com 7344784732 Business Structure, Parent Company and Subsidiaries Circuit Transit Inc. is a wholly owned subsidiary of TFR Holdings Corp. Eco Cab LLC and South Florida Free Ride LLC are wholly owned subsidiaries of Circuit Transit Inc. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 32 of 123                            151 Evaluations and Reporting Staff Evaluations Circuit conducts regular management and staff performance reviews on a quarterly basis. During these sessions, we encourage the staff to also share their evaluation of the program and ways to improve service. We hire locally - our staff are part of the community they are serving. Their input and expertise is valuable, and we encourage this feedback loop. Managers also conduct monthly ride-alongs with drivers, providing an additional touchpoint for evaluation, feedback, and training. Leveraging Data to Improve Performance We use the data we collect to continually improve our services and increase system efficiencies and quality. We analyze this data to make operational improvements - not just for reporting on performance. That ensures continued improvement through real-time changes combined with the operational management structure Circuit puts in place. For more information on how we use data to improve our services and our technological data capabilities, please see Section B3.5 Technological Capabilities. Other Reports Maintenance, Customer Service Circuit can provide other reports and updates as needed by the City and can include these in regular monthly reports as well. Circuit uses fleet management software to maintain logs and important information about its fleet status and maintenance. Our internal team manages and logs customer service and feedback. We also can include spatial mapping, such as the report below. Current Projects: Circuit has experience operating electric micro-shuttle operations in 40 locations across 9 states, including: Florida Services Hollywood Pompano Beach Fort Lauderdale Wilton Manors West Palm Beach Palm Beach Miami Brightline+Fort Lauderdale, West Palm Beach, Miami stations) Gardens Mall Palm Beach Gardens) The Ben Hotel California Services San Diego Santa Monica Marina del Rey Venice Culver City Huntington Beach Inglewood SoFi Stadium NFL games, Super Bowl) Chula VistaLong Beach New York Services New Rochelle Williamsburg Brooklyn) East Hampton Southampton Montauk Amagansett Hauppauge Industrial Park Clean Air NY Pilot) New Jersey Services Asbury Park Belmar Shore Texas Services Dallas West Dallas Austin Houston Other State Services Boston, MA Plymouth, MA City of Hollywood RFP04523SK for Citywide micro-transit Services Page 33 of 123                            152 Circuit has been fortunate to work with a number of cities and private clients on many micro transit projects that are similar to the services being described in the RFP. To learn more about our past project experience please reference section B5.2 Past Project Experience. Experience, Awards and Recognition -Circuit has been fortunate to work with, learn from, and be recognized for various Micro-Transit Initiatives around the US. For more information on Circuit’s Experience, Awards and Recognition, please see Section B5.1.3 Micro-Transit Operations Experience. Experience with Drivers, Hiring, Training, Performance Please see more information about Circuit’s experience with a W2, employee driver workforce in Section B3.7 Driver Capabilities. B3.3 Financial Capabilities CONFIDENTIAL As shown by its experience in Hollywood, FL, Circuit has the financial capabilities to run, manage and scale this program. Circuit recently raised a Series A round of financing that was lead by Tribeca Venture Partners with additional investments by CitiBank3Impact Engine, Los Angeles Cleantech Incubator LACI’s Impact Fund and has previously received investments from notable investors including Urban-X, Third Sphere and the BMW Mini Group of North America. Circuit would be happy to provide more detailed evidence of our financial capabilities upon request. For general guidance, Circuit’s 2022 Annual Revenue: $15.5M USD B3.4 Revenue and Funding Capabilities B3.4.1 Advertising Capabilities Circuit is able to continue to offer third party advertising as an additional revenue option. Circuit currently offers a revenue share of advertising sold and executed on the service, and will continue to do so to lower the cost of the service for the City of Hollywood. Circuit has a successful history of planning, selling, and executing advertising campaigns for a variety of local and national advertisers with the City of Hollywood. The brand has a clean track record and is recognized as a reputable transportation company as well as a dependable media vendor. Advertising options include exterior vehicle wraps, interior digital displays, email/social campaigns, and product sampling. Circuit’s in-house ad-sales team has 45 years of combined experience designing, planning, selling and executing transit media campaigns. This advertising program can also help to promote local businesses, as we’ve seen by working with groups like Billy’s Stone Crabs, Ritas, and the Hollywood Golf Course. We see advertising as a way to reduce costs and provide a fun and engaging experience for the riders. We have found that brand sponsors improve the rider experience and the methods Circuit uses to advertise on behalf of its advertisers can also be used to market its services to future riders. Circuit has found that 3 https://www.prnewswire.com/news-releases/circuit-raises-11m-series-a-to-expand-ev-shuttle-business-301619296.html City of Hollywood RFP04523SK for Citywide micro-transit Services Page 34 of 123                            153 our parameters around appropriate ads align well with those of our partners, and the City would continue to have final say on what advertisements are allowed and what would not be permitted. Any advertiser and specific content would be submitted for City approval. Based on our confidence in securing advertising partners, Circuit has included a guaranteed discount to the City as further detailed in section B.10. Some examples of past campaigns are included in the images below. Local businesses advertising on Circuit vehicles in Hollywood, FL. B3.4.2 Fare Revenue Capabilities CONFIDENTIAL Circuit has experience operating fare-based services in Hollywood, FL. In 2021 Circuit implemented a low-cost fare into the Hollywood Sun Shuttle program. The $0 service moved to $1 and Circuit saw the total ridership continue to grow, despite the increase. Upon further investigation, Circuit learned that the lack of impact on demand caused by the fare was largely due to the large increase in TNC prices in the area. In this example, the average TNC fare was over 4X higher, for rides starting and ending in the area. Furthermore, the team found that fares had an impact in reducing cancellations from riders and therefore led to a more efficient system that moved more riders. This fare model has worked well and Circuit has regularly reported on these fares and used them to reduce the cost of the service to the City of Hollywood. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 35 of 123                            154 Circuit’s technology includes capability to charge fares on a flat fee basis as well as dynamic pricing, discount codes, and group rates. We have tested and proven technology, policies, and programs for offering fare-based programs. Our mobile app can accept payment via debit, credit, and prepaid cards. The application has the ability to charge a fee for service and has security in place to store encrypted credit card information via a third party integration with Stripe. For this program, Circuit will offer a flat fare of $2, keeping the fares consistent with how they’ve been structured in the past. Circuit has the ability to adjust this fare as needed, at the request of the City. Circuit can also “sell” promotional or access codes to local businesses so that they can prepay fares for employees and or customers. This approach can be useful in getting more financial support from the local business community and aligns with the City’s goal to make the program more financially sustainable. As part of the alternate options in Alternate Option C, Circuit has mapped out how increasing the average fare to $3 would impact the net cost of the service. Circuit, if the City is interested, can build a program that automatically adjusts fares based on the zones traveled to and from. For example, it might be $4 to go from Zone 3 to Zone 1, but only $2 to travel within a zone. Using this approach can increase the average fare collected per rider across the system. We can also cap the total fare per ride so adding additional riders will be less expensive than the first one. B3.4.3 Grant Sourcing Capabilities Circuit prides itself in our ability to help our partners source funds for initial launches, service expansions and to pilot new zones. Now, more than ever, grants are available to implement sustainable micro-transit systems that provide equitable and accessible transportation options that give way to environmentally forward thinking solutions. Our team, as we discover appropriate grant opportunities, will bring possible funding solutions to the City. Circuit has successfully secured grants and/or worked with Cities on grant programs in NY, CA, NJ and FL. Circuit has also been selected for and awarded grants from the State of California and State of New York with its municipal partners, including a recent Clean Mobility Options grant in 2021 and Clean Transportation Challenge Planning Grant for Electric Mobility in 2022. B3.5 Technological Capabilities CONFIDENTIAL Circuit’s custom proprietary mobile app for requesting rides available for Android and iPhone is available in both English and Spanish, with the ability to add additional languages to the platform as needed. Website: www.ridecircuit.com Apple: https://apps.apple.com/us/app/ride-circuit/id988052033 Android: https://play.google.com/store/apps/details?id=com.thefreeride.rider Circuit has developed its technology over the past 11 years and has built the technology with a variety of features that can be turned on and off, depending on the coverage area. Some of these features include approaches for smart spot locations vs fully on-demand, a pooling algorithm to maximize the utilization of the vehicles, dynamic fare models with flexible pricing and discount options, ADA accessibility and request features, Spanish language options, ratings and reviews and a number of other features. As the City is aware, our features have been built using feedback from riders, drivers and customers, utilizing the data generated across millions of rides. Since launching the Sun Shuttle service, we’ve introduced multiple new City of Hollywood RFP04523SK for Citywide micro-transit Services Page 36 of 123                            155 versions of the app every year and continue to strengthen our roadmap of new features and options. This process is ongoing as we consistently strive to create the best user experience for our riders and partners. Riders have consistently rated our services very highly, both in internal and external surveys as well as the app stores. We have a 4.8 rating on the App Store and a 4.5 on Google Play (out of 5 stars), distinguishing us as the highest rated service on the Google Play Store compared to other micro-transit and rideshare services. We are committed to excellent customer experience and long term success, and our customer service team replies to all reviews in the app stores. The app is designed specifically for running and managing these types of on-demand, last-mile EV shuttle services and has been built and optimized based on data gathered from over 5M rides along with rider and driver feedback. Our user app is complemented by our driver facing app and management dashboard - a technology suite that we built specifically for our neighborhood electric vehicle operations. Circuit owns the app, all of the data, and can provide robust data reports, often limited by firms using white-labeled solutions. This further allows the team to make customized adjustments as needed by the City. Our ability to collect, record, clean and present data is always improving as we believe data is a key factor in providing an excellent standard of service. Circuit has recently partnered with Snowflake to create new databases that will allow for faster reporting, more flexible data analysis, and better visualization of data. If selected, Circuit looks forward to sharing these new capabilities with the City. Our dynamic pooling feature has resulted in 30% increases in ridership using the same number of cars and operating hours. This is true when we measure against our own services (turning pooling on and off) and also true when compared to other operators nationally.Pooling not only increases ride efficiency, it also decreases traffic, emissions and cost-per-rider, where we’ve proven to be more effective than other service operators. Unlike many white label solutions, Circuit owns its technology and is able to quickly and flexibly make adjustments and improvements. We are constantly improving the service and adding new features, which would continue to be available to the City at no additional cost. As with other local operations, Circuit can adjust the service territory, hours of operation, and other factors in a timely manner during the planning or implementation stages as needed - such as adding new service territories, adjusting temporarily for special events, adjusting seasonally, adjusting fare, piloting new zones etc. We also have a system in place for notifying riders of any changes to service, including in-app messaging such as updates to safety protocols and emergency conditions (hurricanes, flooding, etc). B3.5.1 Ride Request App Circuit has a custom mobile application available for iOS and Android phones where rides can be hailed within a geofenced zone. This application is a fare-integrated service model and is very user-friendly. Within the app, the user can see information about the service, add payment methods, see the coverage area map, select their desired pick up and drop off within the geofenced coverage zone, input number of riders, and request a ride. They are shown the estimated wait time, the location of the assigned car while on its way, and are alerted when the driver is close. After their ride, they can give a rating. Drivers receive notifications of the requested rides. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 37 of 123                            156 The service territory is a geo-fenced coverage area that ensures rides can only be requested and completed within the service territory. Our team makes sure that these geofenced zones include exactly the territory desired and that riders can make a request anywhere within this zone. We can also exclude roads and highways with speed limits higher than 35ph within this zone to ensure vehicles are not dispatched to areas where pickup is not possible due to speed limits. Key Advantages of the App ●On-Demand; ●Ability to add pre-determined Smart Stops to reduce wait times in larger zones ●Data Tracked for Ridership, Reporting, Heat-mapping & Management purposes; ●Ability to notify riders of service disruption through multiple avenues. ●Ride pooling to reduce congestion and wait times. ●Fare Collection features with Discount Code Options ●Driver facing capabilities to communicate with riders via text and call prior to boarding the vehicle Circuit is working on several integration projects and can work with the City and County to integrate the Circuit rider app with other transportation applications, including applications that might be introduced with the upcoming fixed route community shuttles. B3.5.2 Driver App Capabilities Circuit’s driver app and proprietary dashboard is used to manage drivers and generate reports. Each of our drivers is provided a company phone to see ride requests, safely communicate with management and riders, and optimize routes. Our operations and technology teams work closely together to test new features and updates and fix any issues that arise. Our hailed ride feature enables drivers to track non-app-based requests through the driver app. With our pooling feature, multiple rides are able to be assigned to a driver and are viewable in a queue format to the driver. Circuit can work with the City for any desired technology integrations, and can provide any necessary performance and data reporting. Ride request heat map from Hollywood Sun Shuttle Program City of Hollywood RFP04523SK for Citywide micro-transit Services Page 38 of 123                            157 B3.5.3 On Demand Coverage Zones and the Smart Stop Approach For point-to-point service, a rider can go to and from any location within a geofenced coverage zone, typically focused on a small, localized coverage area. As mentioned in our alternative options, a capability of our technology includes the ability to set up a smart stop approach. The smart stop approach allows the rider to go to and from any predefined smart stop within a specified coverage area. A smart stop could be a predefined location at a school, transit hub, affordable housing community - or these could be spread throughout the community every few blocks, for example. We believe the smart stop approach is beneficial when covering larger service zones Circuit is flexible and able to adjust service before and after launch of services. As data comes in, Circuit can work with the City and the community to fine tune the service to best support the community shuttles in each zone. Please see below for a sample of proposed smart stops by zone. MTZ1 Smart Zone Stops ●The Diplomat Beach Resort,3555 S Ocean Dr. ●Harry Berry Park,301 Azalea Terrace ●Arizona Street (By Taco Shack, across from Billy’s Stone Crab) ●Charnow Park , 300 Connecticut S. ●Hollywood North Beach Park, 3601 N Ocean Dr. ●Walmart, 2551 E Hallandale Beach Blvd MTZ2 Smart Zone Stops ●Young Circle ●Publix, 1740 Polk St. ●Washington St. ●Hollywood City Hall, 2600 Hollywood Blvd. ●930 S 26th Ave. MTZ 3 Smart Zone Stops ●Publix Supermarket at Hollywood Mall, 3251 Hollywood Blvd. ●David Park Tennis Center,510 N 33rd Ct. ●Broward County South Regional Courthouse,3550 Hollywood Blvd. ●Orangebrook Golf & Country Club,400 Entrada D. ●Bob Butterworth Park, 5202 Washington St. ●Memorial Regional Hospital South,3600 Washington St. ●Washington Park,5199 Pembroke Road ●Harrison & S 56th Ave ●Sal Oliveri Veterans Park, 4701 Tyler St. B3.5.4 Using Data to Steer Service Operations Circuit has 4 years of information from our other shared, on-demand, electric shuttle services, allowing the team to utilize data from the Sun Shuttle, as well as other nearby Broward County operations and other comparable operations around the country. Consideration taken when forecasting ridership: City of Hollywood RFP04523SK for Citywide micro-transit Services Page 39 of 123                            158 ●Size of the Coverage Area ●Hours of Operations ●Marketing to grow ridership ●Input from local stakeholders ●Performance of Comparable Programs ●Other transportation in the area While our data, local outreach, analysis, and research provide valuable insights month over month, we understand there will be unknowns and that we must monitor data and work closely with local stakeholders to make sure that we continuously adjust and improve the service to make sure it’s set up for long-term success in the City of Hollywood, as we have done since Sun Shuttle’s 2019 launch. We have refined our approach and recommendations in close coordination with City and CRA officials. Circuit’s Data Dashboard, Analysis and Expanded Features Since starting the program in 2019, Circuit has delivered monthly data reports to the City of Hollywood. By leveraging data from upwards of 17,000 transactions in a month, we’ve developed a healthy data set that provides information on top pick up and drop off locations, insights into ridership broken down by service hour and day, and the ability to monitor ridership growth throughout the service's lifetime. The system has also gone through numerous updates over the years and we’re proud to share that in the last 3 months we’ve built a relational database that integrates numerous data sets to help with data visualization, analysis and reporting. If selected for the next phase of the Hollywood Sun Shuttle program, Circuit now has the ability to add additional licenses for our City partners. Our ability to collect, record, clean and present data is always improving as we believe data is a key factor in providing an excellent standard of service. Circuit has recently partnered with Snowflake to create new databases that will allow for faster reporting, more flexible data analysis, and better visualization of data. If selected, Circuit looks forward to sharing these new capabilities with the City. Our next iteration of data reporting is a great value add for operations and transportation planning, this dataset can be a particularly valuable asset for the Cities long term urban planning initiatives. There are examples of updated data reports in Appendix 2, below. Pictured here is an example of the new zone-based analysis and heatmaps that have already been built. B3.6 Vehicle Capabilities In line with the RFP’s desire to have a sustainable fleet, Circuit proposes to use the currently existing GEM E6 all-weather, 100%-electric cars from Polaris Inc and Ford ETransit EV vans. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 40 of 123                            159 Sea Turtle Nesting Season Artwork on GEM Neighborhood Electric Vehicle Neighborhood Electric Vehicle NEVs)Circuit will continue to use GEM E6 all-weather, 100%-electric cars from Polaris Industries. The slim and efficient design reduces interference with traffic and decreases passenger load time. The cars are ideal for short-range, about-town transportation. The cars are easily kept clean and are outfitted with comfortable seats, ample legroom, fans, 3-point seatbelts, cargo space, and a friendly, local ambassador/ driver. They include all-weather options, and Circuit operates these vehicles in South Florida markets year-round. The car’s design is fun and inviting in nature. Hollywood Sun Shuttle riders have responded very favorably to these vehicles. Ford E Transit Electric 13 Passenger Van Ford Electric Passenger Van There are a number of electric passenger van options that Circuit has used in other markets. There are OEM options as well as conversion technology options. Circuit has directly used Lightning Systems and Maxwell converted electric passenger vans. They are ideal for roads with speed City of Hollywood RFP04523SK for Citywide micro-transit Services Page 41 of 123                            160 limits above 35 mph, programs requiring higher capacity, suburban trips, and can be outfitted for ADA accessibility. ADA Service Vehicles We are able to offer one 1 Ford ETransit EV Van which offers a full automated lift and the ability to secure wheelchairs within the vehicle, and 8 total seats (as opposed to the usual 12, + driver). Additionally, we are able to offer one 1 WAEV Formerly Polaris) GEM e6 ADA vehicle which offers a full, fold out ramp and the ability to secure wheelchairs within the vehicle, and 4 total seats (as opposed to the usual 5 seats, + driver). Circuit is pleased to offer this vehicle to the City at no additional cost, as it is a part of the existing Hollywood Sun Shuttle existing fleet. Samsara AI Dash Cameras Circuit has recently installed Samsara AI bi directional Dash Cameras in the entire fleet of shuttles in Hollywood. These cameras use computer vision to analyze the road and driver behavior in real-time—making it possible to detect distracted driving and even warn drivers of an impending collision, helping prevent accidents before they happen. Any incidents of distracted driving or harsh braking events trigger an alert to “watchers” of specific vehicles. This group includes direct local management, Regional and Corporate Management. Circuit Management staff can view real time video and still views of the interior and forward facing exterior view of the entire fleet at any given moment. For any incidents the footage can be viewed and saved to determine fault of any accident. Samsara AI Dash Cam dashboard with both views, saved footage and trip details including trip route, duration and pick-up and drop-off locations. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 42 of 123                            161 B3.7.1 Vehicle Maintenance Capabilities Our in-house mobile service maintenance technicians are able to quickly respond to needs, and also adapt vehicles for the market. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,0005,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to planning future needs. Each vehicle within our fleet has a unique ID. Our operations team tracks vehicle characteristics and status through fleet management software and communicates this status to Regional Management and other corporate team members through shared documents and project management software. These characteristics and status include driver vehicle check forms, current and pending advertising campaign information if any, maintenance records, assigned operating location or special event, mileage, as well as general information such as color, make, model, year, features. Drivers check vehicles before and after each shift and fill out a vehicle check form. They perform cleaning duties before, during, and after their shift. Any issues are noted and reported to local managers, who coordinate maintenance and repairs. We have trained and certified maintenance staff in each operating region, and would train a local maintenance team in Fort Lauderdale to manage regular and ongoing maintenance for local operations, with manufacturer certification for the vehicles in use. B3.7 Driver Capabilities Circuit has a robust hiring and training program backed by standard operating procedures, driver manuals, and emergency and health & safety plans designed to provide high quality customer service through a fun and convenient on-demand service. As now with the current Hollywood Shuttle, Circuit will continue to ensure all drivers meet and follow the required guidelines as required by the RFP. As the City of Hollywood is aware, Circuit prefers to hire local w-2 Driver Ambassadors from within our service area who have local knowledge and experience. We focus on hiring drivers with high degrees of customer service and professionalism as well as local knowledge of the community, as our drivers are ambassadors for the local community.This model reduces greenhouse gas emissions by keeping workers local and supports the local community by providing jobs. Currently, 14 of our 19 Hollywood Sun Shuttle Drivers are Hollywood residents. You can find further details in the Driver Model section below. Quality Control is why we have successful operations throughout the country with several locations running for more than 5 years. We focus on recruiting, hiring, onboarding and training service oriented candidates with a strong driver safety record. Along with Driver Ambassadors we employ location Supervisors, Location Operations Managers, Regional Operations Managers and local corporate support. We use several training and monitoring programs including our own admin dashboard (backend of the Ride Circuit app) for a real time look at activity in the field - driver/ ambassador gps location, trip queue, availability status and rider reviews of the Driver/ Ambassador. Samsara AI Dash Cams provide a real look into the individual vehicles. Can record any video clips and alert the supervisor and management teams for any harsh events. Regular feedback and reviews by management to address any areas of concerns and give feedback. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 43 of 123                            162 B3.7.1 Driver Model Each Circuit location has a dedicated team of managers, supervisors and drivers to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. Upon award of this contract, Circuit will be easily able to leverage our current driver ambassador team, and as needed, develop and provide a more specific staffing and personnel plan tailored to the final service scope. Please see below for the positions that are staffed to make up Circuit’s Driver and Fleet Team: ●General Manager / Operations Manager:Full time hired positions (depending on scope). Responsible for day-to-day operations, vehicles and staff. Reports directly to the Region General Manager. Direct reports are Shift Supervisors and Driver Ambassadors. Perform dispatch and customer service responsibilities as needed ●Shift Supervisor:Full-time hired positions. On-site at all times during service hours. Perform dispatch and customer service responsibilities as needed. Additional training and responsibilities. All shifts include at least 50% of shift driving in service. Shift reporting and “hand-off” submissions ●Vehicle & Warehouse Maintenance Manager:Circuit regional technician licensed and certified. Weekly, monthly & quarterly vehicle maintenance schedule. Direct contact with vehicle manufacturers and systems. Additional responsibilities, response, and reporting requirements as specified in this CFP. As needed, other operational staff may be trained and certified to assist Maintenance Manager with maintenance responsibilities ●Driver Ambassadors:Full-time and part-time employees Circuit hired, W2 employees). Living-wage pay and benefits. Follow Circuit operational policies and local rules for revenue service ●Driver Staffing:We first hire a base of full-time, set schedule drivers and then a base of part-time, set schedule drivers. We then hire a smaller group of fill-in drivers who do not have a set schedule but actively work each week to round out the schedule, either picking up any open shifts known in advance and/or fill in on call. We have a combination of longer shifts, allowing time for finishing rides, cleaning their vehicle, and checking out. We stagger and mix in shorter shifts throughout the day based on demand data learned over time to maximize efficiency. Circuit uses shift scheduling software to plan its staff schedules and make the process seamless for employees. What We Look For In A Driver Ambassador ●Outgoing, Inviting, Friendly ●Local Resident and/or Local Knowledge ●Safe & Responsible ●Customer Service experience ●Team oriented ●Self-Motivated with a focus on development ●Dependability Driver Requirements ●Legal:All Circuit drivers must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. ●Insurance Clearance:Background Check: All Circuit drivers must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 44 of 123                            163 ●Personality:Circuit employees are more than drivers. Everyone is an ambassador to both the Circuit brand as well as sponsor brands. We look for motivated, outgoing, excited and responsible employees to represent our brand. ●Pre-Hire Driver Exam:Potential hires lastly go through a physical driving exam accompanied by the Operations Manager. The Circuit Pre-Hire Driving Exam is submitted to the Regional GM for final approval. B3.8 Customer Service Capabilities Customer Service One of Circuit’s core values is customer experience. Circuit focuses on hiring drivers and operational staff that exhibit excellent customer relations skills and value experience in customer service. We include customer relations as a part of our training program, which includes updates to policies related to safety and responding to rider concerns. We hire locally and prefer drivers that are familiar with the local community to act as an ambassador as well as a driver. We are committed to excellent customer experience and long term success, and our customer service team makes a point to reply to all reviews in the app stores. Circuit currently maintains a local Hollywood and South Florida workforce of managers, shift supervisors, and driver ambassadors in its operating locations, which are all trained in customer service. Circuit also has a regional manager in place, who manages operational functions such as permitting, maintenance, vehicle procurement, vehicle and driver insurance onboarding, hiring and training across multiple locations to maintain a consistent level of quality and operating efficiency. They are also integral to preparing for and launching new operational locations as well as coordinating new app feature launches. Our local operating and management staff are available during operating hours, which vary by location and are determined in cooperation with local partners. Training for employees involved in customer service include on-the-job training using pre-existing SOPs and quick reference guides for template responses to a high majority of common questions. This covers training with guidance specific to phone, ride request app, and email inquiries as well as those that might take place in-person. These employees have direct supervisors to reach out to for approval on sensitive topics to ensure compliance. Training is a multistep process that begins with shadowing another employee, hands-on training with supervision, and continued ongoing training. We have a multifaceted customer inquiry, and contact system, which our staff are trained to use and keep accurate logs. Operational staff are also involved in our local community outreach efforts, including representing the company at local community events. All staff are trained to respond to customer needs and handle any complaints in a timely and courteous manner. Riders can submit feedback within the mobile application and through the website, email and by phone. Circuit’s national corporate team monitors these as well as social media accounts and app store feedback/ratings. The national team will direct users to a local manager if and when needed. We also conduct regular rider surveys to analyze and improve our service offerings. Our team continually works to make its technology and information about its services accessible broadly to the local communities it operates in. As mentioned in Section B3.5 Technological Capabilities, our mobile app is available in English and Spanish. We have bilingual drivers and can include hiring preferences City of Hollywood RFP04523SK for Citywide micro-transit Services Page 45 of 123                            164 for additional language capabilities. We have also created marketing materials in both English and Spanish. Circuit’s website and location pages include accessibility features, and our operations staff are trained in providing equivalent service and any additional assistance needed for riders with mobility impairments and disabilities. Our local teams can also assist riders in downloading the app, providing information about the service and the community, and responding to questions. Historically Circuit has seen driver ratings of at least 4.8/5 stars in all of its markets, and locally has an average of 4.9 over the past two months. Many of our services have a majority senior 65 ridership who use our services frequently for local trips and errands. Seniors have been strong advocates for our services. Our high ratings and strong local support are a direct result of the positive customer experience created by our drivers. Circuit will continue to provide updates and reports on Customer Service to the City as needed. B4. Driver’s Qualifications Hiring Process Each Circuit location has a dedicated team of local managers, supervisors and driver ambassadors to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. We would be able to leverage our existing Hollywood and operational experience and infrastructure to quickly and efficiently continue to staff Sun Shuttle as needed. As the City of Hollywood is familiar, Circuit’s drivers are more than just drivers. They act as local ambassadors; representing the city, providing local knowledge and encouraging local business. All driver ambassadors will be provided with a company uniform and name tag. All Circuit driver ambassadors must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. All Circuit driver ambassadors must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. For this program, we would implement the required background check and provide any needed documentation to the City. As required, we will implement the required FDOT Drug & Alcohol testing. We have identified a Florida based company, Accredited Drug Testing where we would establish a company account for testing. Accredited Drug Testing uses Quest and LabCorp national collection site network. Circuit will always commit to a local hiring preference in all markets. One of the many benefits of hiring locals include ensuring staff are familiar with the location and can serve as a knowledgeable ambassador. 74% of existing Hollywood Sun Shuttle drivers are Hollywood residents. As we have done in Hollywood and other markets, along with posting job openings on popular platforms such as Indeed, we can work with local workforce development and job placement centers to source qualified local candidates as is needed by the service or to support any future expansions. Circuit currently has multilingual driver ambassadors in South Florida and is able to include bilingual/multilingual driver ambassadors as a local preference for hiring, if desired by the City. Driver retention is a factor that the company is proud of- there are happy teams, and advancement opportunities in every market of service. Over the past 12 months we have seen a retention rate of 94% for the Hollywood Sun Shuttle operation. This is the result of the diverse work environment that Circuit City of Hollywood RFP04523SK for Citywide micro-transit Services Page 46 of 123                            165 creates, the camaraderie among employees, the ability to grow, and the enjoyable, safe and fair management. As described in Section B3.7 Driver Capabilities, Circuit seeks specific driver qualities that ensure safety, professionalism, a focus on customer service, and knowledge of the City as a visitor destination. Circuit employees are more than drivers; they are ambassadors to the local community. Circuit conducts regular management and staff performance reviews on a weekly, quarterly and annual basis. During these sessions, we encourage the staff to also share their evaluation of the program and ways to improve service. We hire locally - our staff are part of the community they are serving. Their input and expertise is valuable, and we encourage this feedback loop. Managers also conduct monthly ride-alongs with drivers, providing an additional touchpoint for evaluation, feedback, and training. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the City, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team. B4.2. Training Driver Training Program As the City of Hollywood is aware, Circuit employs and trains its operational personnel, including driver ambassadors. Circuit uses its successful developed personnel policies to create a hiring and safety program specific to the unique operation. The process includes hiring, background checks, drug tests, alcohol screenings, initial training, continued training and performance evaluations. We can quickly add drivers and vehicles to our national custom auto insurance policy. When the manager is comfortable with a candidate and decides to extend a job offer, they will be introduced to our staff training/development tools & programs. The hiring and training systems we have in place will help the City achieve its safety and accessibility goals with regards to this project while also ensuring a high quality customer experience, which encourages further ridership and exploration of the community. Circuit has a training program in place for new operational staff which covers safe and efficient operation of electric vehicles, cleaning and safety processes, and customer service. Circuit has a corporate operations team that develops and maintains operational policies and procedures including over 180 pages of Operations Manager and Driver Ambassador training guides and supports SOPS. They hire and train new managers and coordinate hiring and training for new drivers. Circuit has a Regional Manager in place for Florida. Drivers receive initial in-person training, are observed on ride-alongs, receive ongoing on-the-job training, and are updated on any new operational policies or procedures. Training is conducted by local managers and supervisors. Our teams have consistently met requirements from transit authorities and police/sheriff’s departments, in all of our markets, including Florida, for vehicle inspections and driver training and testing. We would institute our vehicle cleaning program to maintain the appearance and cleanliness of the vehicles along City of Hollywood RFP04523SK for Citywide micro-transit Services Page 47 of 123                            166 with the safety and health of the passengers and drivers. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the City, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses a scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team Our training program specifically covers: ●Safe operation of an electric vehicle ●Efficient operation of an EV, maximizing battery efficiency ●Advanced cleaning procedures ●Safety guidelines and policies ●COVID19 advanced safety and cleaning policies and procedures ●Customer service and passenger relations ●ADA regulations and operations ●Use of the Driver Mobile App ●Communications policies ●Emergency procedures and plan ●Accident reporting/procedures Circuit also provides ongoing training / retraining and conducts performance evaluations. Our teams have consistently met requirements from transit authorities and police/sheriff’s departments, including in Florida, California and New York, for vehicle inspections and driver training and testing. Along with the initial training program, monthly and quarterly management ride-alongs specifically focus on customer experience. Additional staffing lead time is roughly two weeks for hiring and proper in-car and classroom training. Circuit currently has 75 employees in Broward County that are available to fill in any gaps or decrease lead time while we hire local staff from the City of Hollywood. B4.2.1 Certifications In addition to our vehicle maintenance certifications, our teams also hold certifications in WAV / ADA sensitivity training, as well as the National RTAP National Rural Transit Assistance Program) Certification, which is part of the FTA’s, “2 The Point” training and certifications around ADA and Sensitivity, Defensive Driving, Distracted Driving, Drugs and Alcohol, Passenger Safety. Additionally, We have staff that have completed PASS Training Passenger Assistance, Safety and Sensitivity. We also have our vans inspected and permitted with Broward County as Vehicles for Hire. B4.2.2 Drug Testing and Hiring Standard Circuit recognizes the requirement to enroll the company staff in an FDOT approved drug testing program and have a supplier of such services available. Currently in Circuits Hollywood Sun Shuttle operation, drivers, due to the type of vehicles, are not required to obtain a CDL or to complete FDOT certification as the vehicles are all under 16 passengers. Accredited Drug Testing works with a local LabCorp facility at 3700 Washington St. in Hollywood. Circuit has obtained pricing and details to enroll the staff into the program, and is willing and capable to complete that requirement. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 48 of 123                            167 B5. Firm’s Qualifications and Experience Using teams of W2 Drivers, Fleets of 100% electric vehicles, and an on-demand app, Circuit has provided over 6M rides. As detailed in Section B3, Circuit is an experienced operator of Micro-Transit Services. Circuit will provide its turn-key micro-transit solution using a fleet of Ford EV vans and electric Polaris GEM e6 NEVs to meet the transportation, traffic reduction and sustainability objectives of the City of Hollywood. Circuit’s services can be expanded quickly, to implement the expansion of the service as set forth by the RFP. Circuit’s existing Hollywood, Florida Sun Shuttle service has proven to be cost efficient and effective in tackling the mobility challenges in the community. B5.1 Experience Overview B5.1.1 Experience Overview As referenced in Section B3.1, Circuit has over 11 years of experience as an established national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EVS and NEVs. Currently we operate 40 services across nine states. We are experienced in operating under COVID 19 restrictions and guidelines to ensure the health and safety of our riders and staff. We have a fleet of over 190 electric vehicles, a team of over 340 EV trained and W2 paid employees, and a local team of over 92 employees in Broward County and 164 in South Florida. We're one of the few providers with experience operating numerous electric vehicles as part of the same fleet. For more information on our technology, operations and maintenance experience please reference section B3. Vendor / Contractor Capabilities. Our corporate team has extensive experience in planning, designing, implementing, reporting, and maintaining NEV micro-transit programs and has operated programs similar in size and scope to this RFP, including fare-based systems. Our high customer satisfaction ratings and high demand are a testament to the superb customer service provided by our driver ambassadors and management. Within the last five years, we have operated similar on-demand shuttle services using all-electric vehicles in Florida under contract with government entities in addition to the Hollywood Sun Shuttle, including nearby locations like Fort Lauderdale, Wilton Manors, Pompano Beach, West Palm Beach Downtown Development Authority, and Palm Beach County Convention Center. We additionally have a contract with Brightline to operate first/last mile on-demand services around stations in West Palm Beach, Boca Raton, Fort Lauderdale, Aventura and Miami. Circuit has operated services across the US, including in FL, CA, NY, TX, NJ, NC, MA, IL, and CO. As the City of Hollywood is familiar, Circuit has been most successful in first / last mile gaps and providing an enjoyable and safe rider experience. Our service model encourages riders to avoid using single occupancy vehicles or private rideshare services that add congestion and pollution, as is aligned with the RFP’s desire for a sustainable. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 49 of 123                            168 B5.1.2 Neighborhood Electric Vehicle Operations & Maintenance Experience As mentioned above, Circuit is the largest operator of neighborhood electric vehicles and has a growing fleet of various electric vehicles available in South Florida. We have Standard Operating Procedures, maintenance schedules, and operational expertise specifically for these vehicle types and their use in on-demand micro-transit service. Our experienced maintenance team is certified with Polaris Industries (transitioning to WAEV Inc.). For more information on our experience operation and maintaining these vehicles please see Section 3.6 Vehicle Capabilities. B5.1.3 Micro-Transit Operations Experience Circuit’s growth is largely due to its successful operations and satisfied customers. From technology, management, training and operations, Circuit’s full suite of services are best in class and offer the highest levels of quality for this type of service. Circuit maintains rigorous quality controls across all of its operations. Along with a dedicated, responsive and local staff, Circuit’s national team is readily available to handle technology improvements, vehicle enhancements, customer service, impact measurement and grant writing. The dedicated team and quality of service is what sets Circuit apart from other operators and will continue to offer the highest level of service for the City of Hollywood. Circuit, with its subsidiaries including Eco Cab LLC and South Florida Free Ride LLC, has operated on-demand micro-transit since 2011. Our on-demand services have included door to door and point to point services within a specified service territory. Circuit has experience operating these services for comparable cities and scopes of work focused on residents, guests, and commuters. Our on-demand service and mobile app make it easy to request a ride to local destinations, including shopping, restaurants, events, nightlife access and various appointments. We have the policies, procedures, and hiring and training standards in place to launch new markets and operate with a consistently high level of service, with specific attention to customer service. In our experience operating in South Florida, we know that extreme weather events such as hurricanes and flooding can be a seasonal occurrence. We have been able to manage flooding issues related to recent king tides and maintain appropriate levels of service. We have experience dealing with these issues and have an emergency plan in place. Circuit’s technology allows our team to be agile in its approach to addressing any disruptions or changes to service levels. Circuit’s team has been recognized for its efforts as an innovative neighborhood electric vehicle solution. In December 2019, Fast Company highlighted Circuit as the “Electric vehicle ride-share company that won the trust of cities without ‘disrupting’ them”.4 The team has also been featured in The NY Times, Business Insider, Forbes, Fox News, ABC, NBC and a number of other publications. Circuit has been the recipient of numerous awards like: Alonzo Award for Mobility in San Diego, Vendor of the Year Nominee Palm Beach Convention Center, Clean Air NY Champions Award, Lamplighter Award for Best New Service in San Diego, Rulebreaker Award for Startups Changing their Industries, 2018 Gold Medal Ad Club of New York, Outdoor Media Plan of the Year, Gator 100 Award (#20, and numerous others. 4 https://www.fastcompany.com/90444895/how-this-electric-vehicle-ride-share-company-won-the-trust-of-cities-without-disrupting-them City of Hollywood RFP04523SK for Citywide micro-transit Services Page 50 of 123                            169 Circuit was accepted and completed the URBANX Accelerator5 program where it received an investment from BMW/Mini and access to international mobility experts. Circuit has also completed the Los Angeles Cleantech Incubator(LACI)6, Civstart7, Leading Cities8 and AWS Smart Cities Accelerators. The team recently closed a Series A capital raise, welcoming a strong group of new investors. Circuit’s team has been asked to speak/participate at events like CoMotion Miami, LA CoMotion, Association for Commuter Transportation International Conference, Safe Streets Summit, Electrify Expo, LACI’s Transportation Electrification Summit, SmartCities NY, 2020 Cities, Civic Lab, and the UCLA Arrowhead Conference on Transportation. B5.1.4 Community Engagement Experience Circuit’s team has participated in local events such as Hollywood’s Candy Cane Parade, St. Patrick’s Day Parade, ArtWalk, Hollyweird, and in other service areas; Fort Lauderdale St Patrick’s Day Parade (annual), Broward Complete Streets, Food Deliveries in Hollywood for Feeding South Florida, and Cleaning Up Clematis in West Palm Beach. We do regular familiarization tours with media and meeting planners in our City Programs. We also donated a vehicle towards the recovery efforts for first responders to use during the Champlain Towers relief efforts. Along with events, Circuit stays actively engaged with our riders via the app, social media and publishes regular newsletters. Circuit has built a great base of over 10k local riders that we regularly send local newsletters to. This engagement has kept our ridership high and our riders informed of local events, happenings and businesses. HollyWeird Branding Partnering with Feeding South Florida to assist with Food Deliveries in Hollywood during Covid 8 https://leadingcities.org/accelicity/63dbbb3a-23ad-457287cf-2377dfdf766e 7 https://www.civstart.org/ 6 https://laincubator.org/second-cohort-of-market-access-program-provides-on-the-ground-mobility-solutions-for-communities-across-los-angeles/ 5 https://www.urban-x.com/ City of Hollywood RFP04523SK for Citywide micro-transit Services Page 51 of 123                            170 Circuit vehicle donated for Champlain Towers Relief Efforts in Bal Harbor, FL. Sample Newsletter to Hollywood Riders, February 2023 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 52 of 123                            171 As indicated in Section B1.2,Circuit regularly surveys its riders to learn more about the service and improve the quality of our offerings. Additionally, as indicated in Appendix 1.1,many of our riders are willing to add their names to a statement in support of our services B5.2 Project Experience B5.2.1 Past Project Experience- Hollywood Sun Shuttle Sun Shuttle- Hollywood, FL Type of Service On-demand micro-transit services Contract Term April 2019 Present Nature of Services On October 17, 2018 the Hollywood City Commission passed and adopted Resolution No. R2018335, authorizing the execution of an agreement with Free Ride, now known as Circuit Transit Inc. (" Circuit"), for circulator services to and from Downtown Hollywood, Hollywood Beach, and the City's parking garages for an initial one-year period with the option to renew for three additional one-year periods. The service commenced in May 2019 and has been renewed for each of the additional three one-year periods. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. This program began as a self-branded service and has recently opened for third party advertising. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. The City named the program “Sun Shuttle” which began as a self-branded service and has recently opened for third party advertising with a revenue share to the City. This program has exceeded the City’s expectations, doubling ridership at an estimated 70% of the cost of the previous trolley system. This program has continued to operate during the pandemic as an essential transportation service. Annual ridership has grown every year (including during peak Covid lockdowns in 2020. The service launched as free and at the April 2021 renewal we were asked to implement a $1 per rider fare to control demand, and ridership held steady. At the April 2022 renewal we were asked to increase the fare to $2 per person, ridership has remained strong. Hollywood Sun Shuttle Ridership by Month Jan 2021 Dec 2022 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 53 of 123                            172 This program started as a fare-free service and recently introduced a nominal $1 fare and $1 price per additional passenger. We have seen no drop in ridership as a result of fare implementation and have actually seen an increase in ridership since, with shorter wait times and an increase in operational efficiency. “Thank you and Hollywood for making it possible for our vulnerable Seniors to remain safe and healthy”- Memorial Senior and Family Services In response to the COVID19 outbreak, Circuit has adapted to provide mutual aid to the Hollywood community. Beginning in April 2020, Circuit partnered with Feeding South Florida, who have been supplying to local food banks. The three food banks involved are Liberia Economic and Social Development Inc., Community Enhancement Collaboration, and Cruciform Church. These organizations assembled boxes of donated food to be distributed and our drivers picked up the boxes and delivered them directly to the homes of the most vulnerable without access to transportation. The Hollywood drivers made 1,092 deliveries to at risk members of the community. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in Hollywood FL with Sun Shuttle branding Drivers in PPE, delivering grocery boxes during Covid B5.2.2 Past Project- FRED FRED San Diego, CA Type of Service On-demand micro-transit services, fare-based program Contract Term 2016 present Nature of Services In 2016, Civic San Diego and the Downtown San Diego Partnership selected Circuit to operate the Free Ride Everywhere Downtown FRED Circulator. The program has received national attention, community support, and extended funding. In its first year of operation, Circuit served over 140,000 riders, maintained wait times below 6.5 minutes, created over 35 new jobs, and saved 96.3 metric tons of CO2 emissions. Since then, Circuit has improved its technology on the vehicles, added a pooling algorithm to its app, used the data to enhance operations, and has saved 325 metric tons of CO2 emissions. Circuit provides over 25,000 rides per month and is on track to do over 280,000 rides per year. The City has funded the service with Circuit also selling third party advertising at a revenue share to the City to offset costs of operation. Circuit operates 1520 vehicles in the market, depending on demand. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 54 of 123                            173 Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit’s vehicle in San Diego CA B5.2.3 Additional Past Project Experience Please reference Appendix 3 and Appendix 4 for more evidence of Circuit’s relevant project experience. B5.3 References West Palm Beach, FL Project Manager:Teneka James Phone Number:5168338873 Email:tjames@downtownwpb.com Brightline Project Manager:Jean Carlos De Jesus Phone Number:7865611656 Huntington Beach, CA Project Manager:Sean Crumby Phone Number:7143745348 Pompano Beach, FL Project Manager:Jeff Lantz Phone Number:9547865580 Gardens Mall Palm Beach, FL Project Manager:Whitney Pettis Phone Number:5616222115 Additional experience City of Hollywood RFP04523SK for Citywide micro-transit Services Page 55 of 123                            174 B5.4 Customer Testimonials Confidential) Gus Zambrino, Assistant City Manager, City of Hollywood FL They are experienced and professional operators that are part of the community and provide a fun and convenient customer experience. Circuit’s team has been a pleasure to work with and have been great at building local support. Andria Wingett, Assistant Director of Development Services, City of Hollywood FL Circuit Transit is always responsive and has adapted to Hollywood’s changing needs; during the initial set-up, ongoing services and especially during the COVID pandemic. Carolina Galleguillos, BS, CDP, Memorial Senior and Family Services, Hollywood FL Thank you and Hollywood team members for making it possible for our vulnerable Seniors to remain safe and healthy in their homes. Our seniors so appreciate the fresh produce during this Pandemic. Sandra King, City Spokesperson, City of Pompano Beach FL You don’t have to drive anywhere, you don’t have to look for a place to park, you just jump on the circuit vehicle and go where you want to go. Ashley Medeiros, Destination Services, Discover the Palm Beaches The Circuit team is ALWAYS a great partner to work with. They are attentive, flexible, and hospitable! Luiz Aragon, Commission of Development for the City of New Rochelle, NY Circuit NR is a terrific community partner committed to providing safe, reliable and sustainable public transportation across New Rochelle’s downtown corridor. As we continue to see increased real estate demand across New Rochelle and as our once-in-a-generation downtown redevelopment continues to move forward, we believe Circuit NR’s electric on-demand shuttles can play a pivotal role in connecting our community to innovation, technology, arts, culture, schools, open space and our local businesses in an environmentally efficient way. As we see increased real estate demand across New Rochelle, we believe Circuit NR’s electric, on-demand shuttles can play a pivotal role in connecting our community to innovation… and our local businesses. Misti Kerns, Santa Monica Travel & Tourism They’re electric, they’re open air, and they’re fun. As that started to pick up and we started to hear good comments about it, we thought it might be a good option for some of the hotels. Their service has transformed our visitor and resident experience for short distance local travel. Their vehicles are always clean, new and fully stocked with our visitor guide, map and materials. Their drivers are always well informed on the destination, clean, uniformed, and friendly. I can’t imagine partnering with another provider for our electric transport needs, so great for this beach environment. Reese Jarrett, Civic San Diego Civic is thrilled to have played a part over this past year, in reducing congestion and decreasing the carbon footprint within the downtown community. Betsy Brennan, Downtown San Diego Partnership Since FRED's introduction to San Diego in 2016, Circuit has become an integral part of Downtown’s mobility structure. It provides residents, employees, and visitors a free, green, and enjoyable way to traverse Downtown’s neighborhoods while also mitigating congestion and parking issues. Mathew Sandford, Senior Director Economic Development, San Diego EDC City of Hollywood RFP04523SK for Citywide micro-transit Services Page 56 of 123                            175 In a region as dynamic and diverse as ours, the ability to easily get around is essential to our economic health. Micro mobility options, like the FRED program in Downtown, provide one tool in the economic development toolkit by addressing the last mile dilemma. Businesses of all types and sizes benefit when workers have options for getting to work, and patrons have easy access to goods and services. In short, the FRED program makes Downtown more accessible and is a model that could also benefit other communities in the San Diego region. Marisa Mangan, San Diego Association of Governments SANDAG Circuit’s neighborhood electric vehicle shuttles in downtown San Diego are a great example of how shared mobility services can provide efficient, convenient, and emission-free connections within a community. Services like Circuit directly support SANDAG’s bold new transportation vision for the region which includes implementation of Mobility Hubs served by a wide variety of Flexible Fleets. B6. ADA Compliance B6.1 ADA Compliance Plan Circuit has ADA compliant vehicles. In both the proposed operation plan, and any alternative option, Circuit proposes one 1 Ford ETransit EV Van to be available on standby for ADA requests; this vehicle will be able to move between zones as needed. Additionally, Circuit would provide the City one 1 Polaris GEM e6 ADA vehicle available on standby for ADA requests at no cost as this vehicle is a part of the branded existing fleet. For more information about vehicle accessibility please reference the B3.6 Vehicle Capabilities section above. Circuit will craft a service that is available for all users. Having done so already in other markets, Circuit will be able to provide a trusted option for passengers with disabilities. The drivers are trained to be accommodating to everyone looking for aride. Riders with disabilities have the option to request an ADA vehicle with a loading ramp. This request can be made through the ADA accessible app or by flagging down drivers. More information can be found in Section 2.1. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 57 of 123                            176 B7. Maintenance / Recovery Plan As stated in our Vehicle Maintenance section in Section B3.7.1, our in-house mobile service maintenance technicians are able to quickly respond to needs, and also adapt vehicles for the market. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,0005,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to planning future needs. For more information on our vehicle maintenance processes please refer to Section B3.7.1 Vehicle Maintenance. Access to Additional Vehicles Given our nearby operations, specifically in Fort Lauderdale, Pompano Beach, Wilton Manors and South Florida in general, we are readily able to supply additional electric vehicles on short notice on an as-needed basis. In the event a vehicle needs maintenance, our on-staff, GEM-certified technicians can typically be in the market within 20 minutes. If needed, a new vehicle can be brought to the market, or for events, within 2 hours. We have 52 vehicles within Broward County, and 79 within South Florida that are Circuit owned and therefore we have immediate access to this fleet, including spare vehicles in our Fort Lauderdale market. While Circuit has found great value in using GEM WAEV Vehicles), Ford eTransit EV Vans, Tesla and similar EV Sedans, we have built our systems for the electric vehicle types to be interchangeable. B7.1 Commitment to Avoid Service and Operation Disruptions Circuit has almost 4 years of experience operating a micro-transit service with up to 13 vehicles. We have and would remain committed to keeping the service operational through challenges that can occur. We have a robust preventative maintenance plan and certified maintenance technicians on staff to respond City of Hollywood RFP04523SK for Citywide micro-transit Services Page 58 of 123                            177 quickly (typically can be on site in under 1 hour) to diagnose and most times make any repairs or replace components on-site. In any event that a car needs a longer repair we have a large fleet in the area to send a replacement vehicle typically within 12 hours. Circuit is prepared to fulfill this requirement and is committed to avoiding service and operation disruptions. More details are provided about emergency management, risk mitigation, vehicle maintenance, customer service and operating procedures in Sections B3, B3.7, B4 and B5 B8, B.8.1 and B.8.2. B7.2 Scenario Response “The Contractor must also provide a response to this scenario: A vehicle breaks down in the middle of the afternoon (weekday) and the current outside temperature is 95 degrees Fahrenheit. The vehicle has a mixture of passengers: elderly, middle aged, children, and infants. Explain the Contractor's course of action that would be taken.” Circuit has extensive experience operating a high volume of shuttles moving tens of thousands of people every month. We are also contracted by Brightline Trains and have a response team for any disruption to train service where we dispatch EV Vans to move train passengers between stations if the tracks are temporarily closed. In the event of a vehicle breakdown, first and foremost we ensure that all passengers and staff are safe and clear from vehicular traffic. If an emergency response is needed we would call 911. We would direct all passengers to a safe area out of the heat, direct sun or inclement weather to wait for another vehicle to arrive. The driver of th disabled vehicle would then communicate with their supervisor to dispatch another vehicle to pick up the passengers. Direct communication via phone, text or a company slack channel ensures a quick response. For a disabled vehicle we have technicians nearby to diagnose and often repair on site, otherwise for larger repairs we have an account with both a local tow company and AAA if a vehicle needs to be transported on a flatbed trailer. Circuit is prepared to handle service disruptions and emergencies and has detailed its emergency management, risk mitigation and operating procedures in Sections B8, B.81 and B.82. B8. Risk Mitigation B8.1 Emergency Management Plan The Emergency Action Plan is designed to provide Circuit with a management tool to facilitate a timely, effective, efficient, and coordinated emergency response to significant events affecting our locations and our employees. Emergency management consists of four continuous stages: Mitigation This stage includes activities designed to reduce or eliminate risks to persons or property or to lessen the actual or potential effects or consequences of an incident. Mitigation measures may be implemented prior to, during, or after an incident. Mitigation involves ongoing actions to reduce exposure to, probability of, or potential loss from hazards. Measures may include analysis of hazard related data to determine where it is City of Hollywood RFP04523SK for Citywide micro-transit Services Page 59 of 123                            178 safe to relocate temporary facilities. Preparedness Preparedness is a continuous process. Preparedness involves efforts at all levels to identify threats, determine vulnerabilities, educate and train the employees and identify required resources. Preparedness is focused on establishing guidelines, plans, procedures, protocols, and standards for planning, training and exercises, personnel qualification and certification, equipment certification, and publication management. Response Response includes activities that address the short-term and direct effects of an incident. It includes immediate actions to save lives, protect property and the environment, and meet basic human needs. Response also includes the execution of emergency operations plans and of mitigation activities designed to limit the loss of life, personal injury, property damage, and other unfavorable outcomes. As indicated by the situation, response activities include applying intelligence and other information to lessen the effects or consequences of an incident; increased security operations; and continuing investigations into the nature and source of the threat. Recovery Recovery incorporates the development, coordination, and execution of service- and site-restoration plans; the reconstitution of operations and services; treatment of affected persons; additional measures for environmental and economic restoration; evaluation of the incident to identify lessons learned; post incident reporting; and development of initiatives to mitigate the effects of future incidents. B8.2 Risk Mitigation Plans Risks Risk Level: H, M L Offerors Mitigation Plan Safety of Riders H Rider safety is the most important thing at the Circuit. Circuit realizes that many factors go into this including drivers, cars and operations. All of Circuit's drivers go through both criminal and driving record background checks. This is required by the company's insurance provider. Beyond the background checks, each driver is vetted by management before being hired. Upon starting, the driver fills out and signs safety forms, goes through a training process and is further evaluated while driving and not. Additionally, management regularly monitors feedback from riders via app ratings, email feedback, etc. The drivers are also instructed on what to do and who to contact during any potential emergencies. Circuit also maintains the cars using the best practices established over the company's 11 year history of clean safety. The cars are City of Hollywood RFP04523SK for Citywide micro-transit Services Page 60 of 123                            179 inspected daily, preventative maintenance is performed to make sure everything is up to the company's standards. Additionally, older cars are rotated out once they've reached a certain mileage or fall below the company's high standards. Additionally, the GEM cars 25 MPH maximum speed, along with calming traffic, also does a great job to reduce the risk of a serious accident. Operations is the foundation of safety. Starting with the training, drivers learn how to operate the cars, safely pick up passengers - or get help for unruly patrons that should not ride, make sure all passengers are using their seatbelts, and more. Also, the drivers are instructed when to halt service. In the event of bad weather or other factors that may lead to unsafe conditions, we halt the service. Management is also able to monitor driver behavior and locate driver whereabouts using Samsara bi-directional dash cameras and our proprietary backend dashboard. Additionally, each driver is equipped with a company phone, fire extinguishers, first aid kits, and other necessary equipment. Safety and Security of personal belongings of riders and drivers H While the drivers do not handle the personal belongings of the passengers, every driver is encouraged to look around the car to make sure no one has left anything behind. In the event that something is left behind, the driver (if the passenger used the app) is able to call the last rider. If the rider does not respond then management is alerted via our internal messaging platform, Slack and belongings are held until someone claims them. If the app is included, passenger history is available to management to contact passengers as needed. Management has set up areas in all of its locations where drivers can safely store belongings, keys, phones, etc. Heat, Rain, Flooding, weather challenges M Weather can be a common concern in South Florida and Circuit has extensive experience with these issues in Hollywood and across South Florida. Management and drivers are in close contact and will halt services in the event that inclement weather leads to unsafe driving conditions. Safety is always a top priority. In the event of severe weather, Circuit takes the cars off of the road and stores them in indoor parking garages. Should space not be available, the back panels, rooftops and any extensions are removed from the cars to secure the vehicles. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 61 of 123                            180 During King tides, flooded areas are avoided. Drivers can contact riders requesting in those areas to notify them that the area is not passable. Circuit can quickly add important alerts to our app so when you open the Hollywood location a timely message pops up prior to requesting a ride. Maintaining a reliable, consistent schedule of service H Circuit uses its experience, data and marketing knowledge to stay ahead of factors that might impact the schedule of service. Understanding traffic patterns, bridget and toll timing and demand levels allows the management team to deploy the appropriate number of vehicles at any time. Additionally, contingency plans are in place and replacement vehicles are available in nearby Fort Lauderdale, should one of the shuttles be inoperable. Also additional drivers are available on call and in Fort Lauderdale should one of the drivers call out sick. Circuit always keeps backup drivers and backup cars available in order to maintain a consistent schedule of service. Maintaining qualified drivers H Circuit uses qualified, 21 , W2, paid hourly employees and vets them heavily before hiring. This, and maintaining a comfortable workplace is the key to retention. Driver retention is a factor that the company is proud of. There are happy teams in every market of service and retention rates remain high in Hollywood at 94%!. Additionally, Circuit uses Homebase - a scheduling software - to keep the team connected, manage shifts, etc. Lastly, if using the app, all of the drivers receive feedback from passengers allowing management to adjust and improve accordingly. Keeping vehicles operational H The key to keeping vehicles operational is regular service, proper charging/storage conditions and staying ahead of problems. With a fleet of 100 vehicles, Circuit has developed many systems to keep the vehicles operational. Additionally, Circuit has developed a close relationship with the vehicle manufacturer that lead to national fleet pricing, extended warranties and priority maintenance. Vandalism or theft of vehicles M Unfortunately, Circuit has dealt with vandalism in the past. Theft and vandalism are always concerns but the team does everything it can to prevent such instances - locking cars, storage facilities, cameras, routine spot-checks and more. In the event vandalism or theft takes place, Circuit will use its data and schedule to determine the exact time and place and who was working or was the last to work. From there, all incidents will be reported to local law enforcement and the company’s insurance providers. Vehicular accidents with H Fortunately, Circuit has a very strong safety record with few incidents to report. In the event that something happens with other City of Hollywood RFP04523SK for Citywide micro-transit Services Page 62 of 123                            181 automobiles, cyclists, pedestrians while on route automobiles, cyclists or pedestrians, the first move is always to see if anyone needs medical attention. If so, medical help will be sought immediately. The drivers are also equipped with fire extinguishers, first-aid kits, etc. From there, local law enforcement will be called to the scene. After such events, Circuit’s management will contact insurance providers and all parties involved in the incident. Circuit can also use data from the app to determine when the accident took place and how to mitigate future issues. B9. Local Vendor Preference As detailed in numerous sections above, Circuit, since launching the Sun Shuttle in 2019, has continued to maintain a local office, multiple facilities for parking and charging the fleet work with local businesses, and has built an amazing local staff, consisting of 74% who are proud to call Hollywood home. We work with, provide service to, and promote many local Hollywood based businesses. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 63 of 123                            182 B9.1 Local Hollywood Presence Lease for office space in Downtown Hollywood since July 2019 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 64 of 123                            183 Current City of Hollywood Business Tax Receipt City of Hollywood RFP04523SK for Citywide micro-transit Services Page 65 of 123                            184 Circuit has for years and continues to work with multiple local Hollywood vendors including: ●Circ Residences 1776 Polk Street ●Costa Hollywood Beach Resort 777 N. Ocean Dr. ●Golden Touch Auto Spa 1625 S Federal Hwy ●RAV Communications 1518 Garfield Street ●World Tire Inc. 1215 N Federal Hwy B10. Pricing Circuit offers a turnkey service with all-in pricing, which includes vehicles, staffing, insurance, technology, management, maintenance, data reports, marketing and grant writing support. Circuit understands the City’s desire to offer a low-fare service to residents, visitors, and commuters in Hollywood as defined by the RFP in reference to the three MTZ zone areas. As desired, we are proposing that the service continue to have a $2 per-trip rider fare. The only additional fees or costs not included in the price template would be any special services that take place outside of the regular service hours, such as events, in which case an hourly rate of $30/hr for GEM cars and $40/hr for EV Vans would apply for event services. Circuit is often willing to donate its services for local causes and City needs. Please note that pricing options are all flexible and Circuit hopes to work with the City to explore these options and/or a combination of these options to craft a solution that benefits the needs of the community. Pricing can be reduced via fare and advertising revenue generation and/or by adjusting service hours, types of vehicles and quantities of vehicles deployed during certain months of the year. B10.1 Fixed Pricing Rate Proposed Option As Detailed in Section B1.2,our proposed operating plan was structured using the details from the RFP. This option is broken into 3 different MTZ zones and is designed to operate 8 hours per day, 7 days per week, for a total of 56 weekly Hours.Our pricing is broken out in the Bid Form Format, provided with the RFP in Section C2 below and attached. It’s important to note that Circuit’s pricing is all-inclusive and structured as a turn-key operator. Our pricing includes setup, on demand rider and driver apps, monthly data reports, vehicles Electric Vans and GEM cars), maintenance, management, drivers, training, parking and charging. The pricing for our proposed option is available in BID Form Pricing, using the structure preferred by the City. This pricing is broken out by zone and City of Hollywood RFP04523SK for Citywide micro-transit Services Page 66 of 123                            185 includes a discount for guaranteed advertising revenues. Circuit understands that the City would like to split advertising revenues as 50% of net revenues. Circuit is willing to guarantee the bulk of these revenues upfront and then will discount future months if 50% of the net advertising revenue is greater than the guaranteed portion. Knowing we have local businesses as sponsors and more that are willing to sponsor we’re confident that demand from advertisers will continue to grow. Base year pricing details showing full costs, discount from guaranteed ads, Monthly Fixed Cost, and the expected fares to be returned to the City via the fare program.With all of these options Circuit is willing to provide an additional GEM NEV ADA vehicle to be available on standby for additional ADA requests, at no additional cost to the City. Please Note: The view below is only to provide more information. The Monthly Fixed Costs for our proposed option 56 hours/week, 3 zones) is available in Bid Form Pricing, Section C2 below and attached to the response. MTZ-1 (Hollywood Beach Zone) Total Number of NEV Cars 1 Total Number of EV Vans 1 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $19,986.40 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 1 $18,586.40 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $15,537.23 MTZ-2 (Historic Downtown Zone) Total Number of NEV Cars 1 NEV + 1 Standby ADA NEV at no charge 2 Total Number of EV Vans 1 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $18,031.28 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 2 $16,631.28 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $13,582.12 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 67 of 123                            186 MTZ-3 (Hillcrest/Washington Park) Total Number of NEV Cars 0 Total Number of EV Vans 2 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $23,598.40 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 3 $22,198.40 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $19,149.23 Circuit’s pricing will adjust with the hours needed and as more hours are added, the service becomes more cost effective. If the City would like to add additional hours for events, even pricing will be $30 per hour for GEM Vehicles and $40 per hour for Van Vehicles.Please reference Form 2 for Pricing. B10.2 Circuit Alternative Pricing Options Hollywood RFP 2023 Alternative Pricing Options are Detailed below and also available in Circuit Alternative Pricing Options Attachment and these options are further explained in Section B.1.2.2 above. Alternate Option A Hours Per Week 79 Total NEV Cars (3 Zones) 4 NEV + 1 Standby ADA NEV at no charge 3 Total EV Vans (3 Zones)4 TOTAL VEHICLES 7 Total Monthly Costs (3 Zones)$76,011 Monthly Discount for Ad Guarantee (pre total sales)-$4,620 Monthly FIxed Rate (3 Zones)$71,391 Annual Fixed Rated (3 Zones)$856,695 Monthly Expected Fares Returned -$12,921 Expected Monthly Total Cost to City (3 Zones)$58,470 Expected Annual Rate (3 Zones)$701,643 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 68 of 123                            187 Alternate Option A is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP, by approx 41%, while only increasing costs by approx 22%. Alternate Option B Hours Per Week 79 Total NEV Cars (3 Zones) 4 NEV + 1 Standby ADA NEV at no charge 5 Total NEV Cars (3 Zones) Low Season 2 Total EV Vans (3 Zones) Peak Season 4 Total EV Vans (3 Zones) Low Season 4 TOTAL VEHICLES (Peak Season)9 Total Monthly Costs (3 Zones) Peak Season $96,475 Total Monthly Costs (3 Zones) Low Season $76,011.27 Annualized Monthly Cost $86,243 Monthly Discount for Ad Guarantee -$5,390 Monthly FIxed Rate (3 Zones)$80,853 Annual Fixed Rated (3 Zones)$970,236 Monthly Expected Fares Returned -$15,075 Expected Monthly Total Cost to City (3 Zones)$65,779 Expected Annual Rate (3 Zones)$789,342 Alternate Option B is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Alternate Option C Hours Per Week 79 Total NEV Cars (3 Zones) Peak Season 4 NEV + 1 Standby ADA NEV at no charge 5 Total NEV Cars (3 Zones) Low Season 2 Total EV Vans (3 Zones) Peak Season 4 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 69 of 123                            188 Total EV Vans (3 Zones) Low Season 4 TOTAL VEHICLES (Peak Season)9 Total Monthly Costs (3 Zones) Peak Season $96,475 Total Monthly Costs (3 Zones) Low Season $76,011.27 Annualized Monthly Cost $86,243 Monthly Discount for Ad Guarantee -$5,390 Monthly FIxed Rate (3 Zones)$80,853 Annual Fixed Rated (3 Zones)$970,236 Monthly Expected Fares Returned -$22,612 Expected Monthly Total Cost to City (3 Zones)$58,241 Expected Annual Rate (3 Zones)$698,895 Alternate Option C is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Furthermore, Circuit will set up a new pricing model that will adjust rider pricing by zones. For example, a ride from Zone 3 to Zone 1 might be $4, but a ride within Zone 2 might be $2. This dynamic pricing model will also be structured to incentivize larger groups and increase efficiencies. B10.3 Unbanked Riders If selected for the contract Circuit looks forward to working with the City to create solutions to address unbanked riders and Circuit has various options available for the City to do so. 1. Circuit accepts street hails and does not charge riders for flagging the service down. 2. Circuit's app accepts prepaid cards, so a user can purchase a prepaid card using cash and use this prepaid card to credit the account. 3. Circuit can work with local businesses or government offices to "sell" promotional codes to riders to pre-load their account with funds for rides. This is also a feature that Circuit can offer businesses to be able to pre-pay for blocks of rides for their employees. 4. Circuit can work with the City to create a dial-in dispatcher system if needed. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 70 of 123                            189 C. Completed Forms and Certifications C1. This Submittal Checklist Confirmation City of Hollywood RFP04523SK for Citywide micro-transit Services Page 71 of 123                            190 C2. Bid Form Pricing) CONFIDENTIAL Bid Form Exhibit C is also available as an attachment EXHIBIT C CITY WIDE MICRO-TRANSIT SERVICES PRICING SHEET NOTE: Creative/optional pricing is encouraged and welcomed by the City and can be submitted for consideration in addition to the pricing below. The hourly rate for special events should NOT be included in the totals below. Base Year: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $18.586 $223,036 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $16,631 $199,575 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,198 $266,380 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL BASE YEAR:$57,416 $688,993 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $15,537 for MTZ-1, $13,582 for MTZ-2, and $19,149 for MTZ-3. Expected annual net total of: $579,223 Option Year 1: City of Hollywood RFP04523SK for Citywide micro-transit Services Page 72 of 123                            191 Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $18.586 $223,036 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $16,631 $199,575 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,198 $266,380 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 1:$57,416 $688,993 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $15,537 for MTZ-1, $13,582 for MTZ-2, and $19,149 for MTZ-3. Expected annual net total of: $579,223 Option Year 2: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $19,051 $228,612 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $17,047 $204,565 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,753 $273,040 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 2:$58,851 $706,217 7 Vehicles City of Hollywood RFP04523SK for Citywide micro-transit Services Page 73 of 123                            192 Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery for Year 2 would be: $15,925 for MTZ-1, $13,921 for MTZ-2, and $19,627 for MTZ-3. Expected annual net total of: $593,703 Option Year 3: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $19,527 $234,328 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $17,473 $209,678 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $23,322 $279,866 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 3:$60,322 $723,873 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $16,323 for MTZ-1, $14,269 for MTZ-2, and $20,118 for MTZ-3. Expected annual net total of: $608,546 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 74 of 123                            193 C3. Vendor Reference Forms City of Hollywood RFP04523SK for Citywide micro-transit Services Page 75 of 123                            194 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 76 of 123                            195 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 77 of 123                            196 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 78 of 123                            197 C4. Hold Harmless and Indemnity Clause City of Hollywood RFP04523SK for Citywide micro-transit Services Page 79 of 123                            198 C5. Non-Collusion Statement City of Hollywood RFP04523SK for Citywide micro-transit Services Page 80 of 123                            199 C6. Sworn Statement…Public Entity Crimes City of Hollywood RFP04523SK for Citywide micro-transit Services Page 81 of 123                            200 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 82 of 123                            201 C7. Certifications Regarding Debarment City of Hollywood RFP04523SK for Citywide micro-transit Services Page 83 of 123                            202 C8. Drug-Free Workplace Program Circuit confirms that it maintains a drug free workplace. Our team did not sign this document as one or more of the details set forth in this form may be slightly different than the policies that we have in place. Circuit is happy to discuss these policies with the City and as stated above we are comfortable enacting the FDOT policies as needed, if selected for this contract. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 84 of 123                            203 C9. Solicitation, Giving, and Acceptance City of Hollywood RFP04523SK for Citywide micro-transit Services Page 85 of 123                            204 C10. W9 Request for Taxpayer Identification) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 86 of 123                            205 C11. List of subcontractors Circuit will not use subcontractors on this project. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 87 of 123                            206 C12. Certificate(s) of insurance City of Hollywood RFP04523SK for Citywide micro-transit Services Page 88 of 123                            207 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 89 of 123                            208 C13. Proof of State of Florida Sunbiz Registration City of Hollywood RFP04523SK for Citywide micro-transit Services Page 90 of 123                            209 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 91 of 123                            210 Appendix Appendix 1 Letters of Support Appendix 1.1 Rider Letter of Support: City of Hollywood RFP04523SK for Citywide micro-transit Services Page 92 of 123                            211 Rider Letter Response Submissions: First name What most describes you?Additional Comments Louise Visitor Good service Jerry Visitor Kenya Resident Pete Visitor Doretha Resident Great service jeff Resident Veronica Resident Super friendly! Claudia Resident Kelsey Resident Kathleen Resident The drivers are always pleasant and helpful to our tourists Jim Resident Martina Visitor Wolfgang Resident Adriana Resident Amazing service BT Lou! Noah Other Pamela Visitor I used circuit in Pompano Beach and loved it! Dorothy Resident Circuit is wonderful, especially for senior citizens. Your drivers are all very nice. Thank you for this service. David Resident Linda Resident Wanda Resident She did a great job! Michael Visitor Michael Visitor City of Hollywood RFP04523SK for Citywide micro-transit Services Page 93 of 123                            212 Wanda Resident Michael Visitor Elizabeth Visitor Alex our driver was fabulous!! Nicole Visitor This is such a great asset to the area. It made our trip easy and comfortable. Not only will I highly recommend this to my travel friends, I would be less apt to travel to the Hollywood/Lauderdale area without it. Kyle Visitor Shay Other Jason Resident Love Circuit, just another thing that makes Hollywood great! Erin Resident I don't have a car, so circuit is a critical part of my transportation paradigm. Michael Visitor Circuit is a great addition to the community! Drivers are always friendly and helpful! Connie Resident, Business Owner A pleasure to feel I’m in vacation in my own city! Alana Resident Joe Visitor Jerry Visitor Ralph M was a great very personable driver. We really enjoyed the ride. jason Visitor Steven was a great driver and very informative. Sandra Resident Perfect service! Sandy Visitor Laura Visitor Love the circuit! Corinne Visitor The drivers are ALWAYS so nice and helpful. Carolina Resident Keri Resident Patricia Resident David Resident City of Hollywood RFP04523SK for Citywide micro-transit Services Page 94 of 123                            213 Zhanna Visitor Niki Visitor Lauren Resident Amazing service! Cant wait to ride again! Tim was fantastic Elizabeth Visitor Stephen was a great driver. Very informative and fun! Thank you! Susan Resident Great service mark Visitor great service well run - nice alternative to ride share Sul Visitor Love Stephen! Arielle Resident Circuit is a blessing for me. I dont have a car and im handicapped so im limited in my ability to walk distances. Circuit allows me to go grocery shopping, run errands, and even go to the beach. Im super grateful- we need more circuit everywhere- Protect our Earth from car pollution and continue to offer low cost rides . Thank you Monika Visitor Latoya Resident Latoya Resident Heather Visitor Casual ride. Loved it Alex Resident Isabel Resident Love the convenience. Especially appreciated with out-of-town visitors. Lynn Resident Randy Visitor James Remmy Resident Great service and friendly drivers. Dominic Resident DEBBIE Visitor We are from Pennsylvania but visit Hollywood frequently and love using Circuit City of Hollywood RFP04523SK for Citywide micro-transit Services Page 95 of 123                            214 Tatiana Resident I love it! Wish it was even more encompassing in the Lakes area! Michael Resident Beverly Resident I really enjoy the service its an asset to my life Beverly Resident I really enjoy the service its an asset to my life Susan Resident Circuit provides a vital service for the community! Tracy Visitor Gloria Resident Terri Resident I love the service! margarita Resident love CIRCUIT !!! Anna maria Visitor I love circuit .we dont have a car while were here very useful to us . Thank to all staff . By the way all drivers are very pleasant . Shanita Resident Tassana Resident I love the circuit it takes me to the beach and activities around the area I love it Dave Visitor Circuit is a wonderful service. I wish the hours were earlier in the morning. Linda Resident Excellent service. Friendly drivers. Tim & Yolanda are great salvina Other Rogelio Resident Is really Good and Nice for the city of Hollywood Rene Resident My family and I live circuit! NINA Visitor I look forward to the Circuit rides and the friendly service every time I visit. It's invaluable! Denise Resident Robin Resident Luz Resident I looove circuit transportation. I wish you ran a bit earlier. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 96 of 123                            215 Kevin Resident Josefina Resident Claude Resident Matthew Resident Tony Resident Tony Resident Dan Hana Resident Leslie Visitor Nan Visitor This is a tremendous service in an area with a shortage of parking places! Used it many times. Bryan Resident, Business Owner John Visitor Dirk Visitor We stayed in Hallandale this January and used circuit many times. I would like to see more use of this technology and keep it as a form of transportation in Hollywood as well in other communities Donnette Resident Raul Resident Ivan Resident Princess Resident I would love this for Washington dc Elly Resident Mike Resident Love the circuit. I will be taking it tonight to the beach. Alan Resident, Business Owner Great Service Drivers are always Happy and have a Smile on there face Vehicle always clean Lynda Visitor Kristine Business Owner Circuit has been a great addition to the Hollywood area and reduces traffic. Isaac Resident Keep up the good work! City of Hollywood RFP04523SK for Citywide micro-transit Services Page 97 of 123                            216 Steven Visitor This is a wonderful additional benefit to coming to visit Hollywood! Eric Resident Peter Resident Doug Business Owner Alex Business Owner It's great! Ian Business Owner Alana Resident City of Hollywood RFP04523SK for Citywide micro-transit Services Page 98 of 123                            217 Appendix 1.2 Letters of Support: Appendix 1.2.1 Water Taxi City of Hollywood RFP04523SK for Citywide micro-transit Services Page 99 of 123                            218 Appendix 1.2.2 Downtown Development Authority, WPB City of Hollywood RFP04523SK for Citywide micro-transit Services Page 100 of 123                            219 Appendix 1.2.3 Cityfi City of Hollywood RFP04523SK for Citywide micro-transit Services Page 101 of 123                            220 Appendix 1.2.4 Billy’s Stone Crab City of Hollywood RFP04523SK for Citywide micro-transit Services Page 102 of 123                            221 Appendix 1.2.5 World Tire Inc. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 103 of 123                            222 Appendix 1.2.6 Margaritaville City of Hollywood RFP04523SK for Citywide micro-transit Services Page 104 of 123                            223 Appendix 1.2.7 Le Tub, Tiki Tiki, GG’s City of Hollywood RFP04523SK for Citywide micro-transit Services Page 105 of 123                            224 Appendix 1.2.8 Diplomat Beach Resort Valet Services) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 106 of 123                            225 Appendix 2 Example of Data Report Appendix 2.1 February 2023 Hollywood Data Report Below showcases the most recent monthly report of the Hollywood Sun Shuttle. Additional highlights include a $4.53 net cost per rider Almost 90% lower than comparable micro-transit systems), 148,000 annual riders, 11,859 passengers in the short month of February 2023, and 41 passengers per revenue hour. Over the past 10 months of operation, the Hollywood Sun Shuttle Circuit has reduced greenhouse gas emissions by 242 metric tons CO2, saved over 27,231 gallons of gas, and reduced traffic congestion by 182,000 miles driven (by an average gasoline-powered vehicle). This GHG savings is the equivalent to the emissions reduced by 4,001 tree seedlings grown for 10 years (calculated using EPA GHG Equivalencies Calculator9). 9 https://www.epa.gov/energy/greenhouse-gas-equivalencies-calculator City of Hollywood RFP04523SK for Citywide micro-transit Services Page 107 of 123                            226 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 108 of 123                            227 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 109 of 123                            228 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 110 of 123                            229 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 111 of 123                            230 END OF REPORT City of Hollywood RFP04523SK for Citywide micro-transit Services Page 112 of 123                            231 Appendix 3 Case Studies Appendix 3.1 Hollywood Case Study Hollywood Sun Shuttle 2023 Case Study- Page 1 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 113 of 123                            232 Hollywood Sun Shuttle 2023 Case Study Page 2 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 114 of 123                            233 Hollywood Sun Shuttle 2023 Case Study- Page 3 (last page) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 115 of 123                            234 Appendix 3.2 Brightline Case Study Brightline Case Study- Page 1 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 116 of 123                            235 Brightline Case Study- Page 2 Brightline Case Study- page 3 (last page) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 117 of 123                            236 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 118 of 123                            237 Appendix 3.3 San Diego Case Study San Diego Case Study- Page 1 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 119 of 123                            238 San Diego Case Study- Page 2 San Diego Case Study- page 2 (last page) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 120 of 123                            239 Appendix 4 Additional Past Project Experience Appendix 4.1 New Rochelle NY Type of Service On-demand micro-transit services Contract Term August 2019 present Nature of Services In 2019, Circuit started a pilot program with the City of New Rochelle’s Industrial Development Agency IDA. The goal was to promote the downtown area’s businesses and new developments and to provide a free connection to the Metro-North Railroad. The program was a fast success, prompting the City to issue an RFP that Circuit was fortunate to win in January 2020. The service and local team quickly ingrained itself in the community, including coordination and outreach with Veterans groups, senior living communities, and the Chamber of Commerce. During the pandemic, Circuit partnered with 511NYRideshare to provide trips to visiting nurses between hotels and the Montefiore Hospital. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicle in New Rochelle Appendix 4.2 Brightline Type of Service On-demand micro-transit services, fare-based program Contract Term August 2021 present Nature of Services In 2021, Circuit was selected to provide on-demand first/last mile services by Brightline Trains for their reopening under the new program Brightline+. Service focuses on providing rides to/from Brightline stations within a specified radius of the Fort Lauderdale, West Palm Beach, and Miami stations. Passengers can now book private or shared rides in EV’s to and from all stations during the purchase of their train tickets online or in app. The innovative door to door service has significantly increased the user experience, streamlined travel, replaced ICE trips with EV trips and created 65 jobs. Nature & Type of Vehicles: all-electric mixed fleet with Polaris GEM e6, Tesla Model Y, and electric passenger vans City of Hollywood RFP04523SK for Citywide micro-transit Services Page 121 of 123                            240 Circuit GEM vehicles with Brightline branding at Brightline trains reopening and Brightline+ launch event Appendix 4.3. West Palm Beach, FL Type of Service On-demand micro-transit services Contract Term January 2013 present Nature of Services Circuit has operated on-demand services using electric vehicles in the area since 2013. We focused on riders within West Palm Beach and Palm Beach. This service has been provided over these years with funding support from brand sponsors as well as a small fare program. In 2021, Circuit won a contract with West Palm Beach DDA to offer expanded and fare-free services in West Palm Beach and Palm Beach. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in West Palm Beach with local business and safe street initiatives branding Appendix 4.4 Pompano Beach, FL Type of Service On-demand micro-transit services Contract Term 2021 present City of Hollywood RFP04523SK for Citywide micro-transit Services Page 122 of 123                            241 Nature of Services In 2020, Circuit was selected for this project through competitive RFP and began operating in Spring 2021. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. This program began as a self-branded service and then opened for third party advertising. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in Pompano Beach with City officials at ribbon cutting, 2021 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 123 of 123                            242 City-Wide Micro-Transit Services 17 of 18 EXHIBIT D – Service Areas Micro-Transit Zones shown below may adjusted during the Contract Term based on demand/City needs at no cost to the City as long as there is no net change to the number of vehicles/hours of operation On-Demand Micro-Transit Zones Designated Drop-off/Pick up locations for the Fixed Route pilot test                            243 City-Wide Micro-Transit Services 18 of 18 EXHIBIT E – Pricing Total Costs – All Zones Unit Costs                            244 Coastal Cruiser Q4 2025 Update Presented to: ContactJason Bagley Date1/30/ 2026 Email:jason@ridecircuit.com245 Monday: 10:00am - 8:00pmTuesday: 10:00am - 8:00pmWednesday: 10:00am - 8:00pmThursday: 10:00am - 8:00pmFriday: 10:00am - 10:00pmSaturday: 10:00am - 10:00pmSunday: 10:00am - 8:00pm Total Vehicles: 4 (including 1 ADA GEM) Hours of Operation & Fleet Service Levels 246 ●Ride Circuit version 20.0.0 is now available for iOS and Android devices! (screenshot shows a completely redesigned app). ●Updated modern appearance aligned with new brand identity ●Improved location selection and details screen with clearer information and better accessibility. App Updates Version 20.0.0 247 Performance Overview 3,194 Total Rides 4,144 Total Passengers 4.96 Avg Driver Rating 7:20 Average Wait-Time 91.8%Connection Rate 247 Avg New Unique Users Per Month 51 Avg User Age $60K+Economic Impact - Restaurant & Shopping $25K+Economic Impact - Essential Needs and Errands 248 YTD Ridership Overview Total demand and requests increased steadily year over year, with demand rising from 2386 in Q4 2024 to 4,144 in Q4 2025 (74% increase!). 249 YTD Ridership Key Takeaways Ridership has grown more than 74% quarter-over-quarter, showing program momentum and expanding community adoption. 01 Total unique users grew 56% from Nov 2025 to Dec 2025! 02 28% of rides in Q4 were shared rides. Overall satisfaction rating for the quarter was 4.96 out of 5.0!! 03 250 Top Locations PAX Totals Location 369 Beach Stop 300 Publix 224 Two Georges Waterfront Grill 207 Walmart Supercenter 202 Banana Boat 251 Q4 Ridership Fridays & Saturdays 252 Q4 Ridership Sunday - Thursday 253 Q4 Ridership Supply vs Demand Peak Time In San Diego 254 New Unique User Growth 255 Riders Love Circuit! Peak Time In San Diego 256 •Attachment I - First Quarterly Report and Crime Stats •Attachment II - Executed Fourth Amendment to the Interlocal Agreement Between the City and CRA for NOP Operations Funding •Attachment III - FY2025-2026 NOP Budget COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 INFORMATION ONLY AGENDA ITEM 8.B SUBJECT: Neighborhood Officer Program 1st Quarter Report for FY 2025-2026 SUMMARY: The CRA funded Neighborhood Officer Program (NOP), in partnership with the Boynton Beach Police Department, has submitted their Unit Activity Report for the 1st Quarter (October-December) Fiscal Year 2025-2026, along with the Crime Stats for the same time period (see Attachment I). The NOP Quarterly report is required under the the funding terms of the Interlocal Agreement between the CRA and the City of Boynton Beach for FY 2025-2026 (see Attachment II). The FY 2025-2026 NOP Budget is provided as Attachment III. FISCAL IMPACT: FY 2025-2026 Budget, Project Fund 02-58500-460: $1,213,868 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District (pages 105- 118) CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 257 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NEIGHBORHOOD OFFICER POLICING PROGRAM Quarter 1 Fiscal Year 2025/26 Quarterly Report October 1, 2025 to December 31, 2025 258 2 TABLE OF CONTENTS I. Community Oriented Policing Defined page 3 II. Quarterly Report Requirements page 3 III. CRA & Boynton Beach Police ILA Activities page 4 IV. Neighborhood Officer Program (NOP) • NOP Organizational Chart page 5 • Mission Statement & Tasks page 5 • Officers Quarterly Work Hours page 7 • Significant Quarterly Activities by week page 8 • Photos – Community Events & Business Walks page 14 • CRA Area Crime Statistics page 18 259 3 Community Oriented Policing Defined Community policing definitions typically focus on three components that characterize many programs: some level of community involvement and consultation; decentralization, often increasing discretion to line-level officers; and problem solving. Because community policing is focused on close collaboration with the community and addressing community problems, it has often been seen as an effective way to increase citizen satisfaction and enhance the legitimacy of the police and the evidence is supportive in this regard. A major goal of this proposed neighborhood officer program is to cultivate high levels of mutual trust, understanding and respect between police and the residents of the neighborhoods they patrol and to ensure there is a visible presence of police in the community. In order to achieve this, it is necessary that these Community Partners develop relationships which transcend the confines of ordinary community policing activities and instead focuses upon building sustainable problem- solving partnerships. Additionally, the building of problem-solving partnerships and substantive relationships with invested members of the community will lead to a greater understanding of some of the challenges members of the public face and help the police department garner unique insights which might aid in addressing these challenges. This program helps effectively integrate police personnel into the fabric of our community. Reducing crime and disorder and improving the quality of life within historically blighted neighborhoods requires the development of these types of productive and meaningful relationships between citizens and representatives of their local government. As the most visible and accessible municipal agency, police personnel are uniquely postured to serve as a catalyst to an array of city services, community resources and organizations which can aid those in need as they work to better their circumstances and work in concert with other Community Partners to confront the challenges they identify within the community. Quarterly Report Requirements: The scope of this quarterly report is to fulfill the Program requirements set forth in the Inter-Local Agreement (ILA) between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA); whereas the CRA shall be provided a written report outlining the following: • Hours worked by the Program Officer; • Name, rank and badge number of Program officers who have worked the Program during the reporting period; • Activities undertaken to achieve the goals of the Program; and • Crime statistics for the reporting period 260 4 CRA & BOYNTON BEACH POLICE DEPARTMENT ILA ACTIVITIES • The Boynton Beach CRA and the City will provide a visible base of operations for this Program located at 119 E. Martin Luther King Jr. Blvd. Unit #8, which will act as a neighborhood storefront police station (Under Construction). • Police personnel assigned to this Program will be assigned within the CRA area. • Assist with public education and crime prevention within the CRA area. • Identify neighborhood specific problems and help with the coordination of other City services to resolve the issues. • Implement the use of an automatic license plate reader (ALPR) as an intelligence gathering platforms. • On a quarterly basis, the Police Department shall provide the CRA with crime statistics for the CRA area along with data gathered by the ALPR and a GIS map identifying where crimes are occurring in the area. • Police personnel assigned to this unit shall patrol: (a) On foot, (b) on bicycle, or (c) on Segway vehicles, (d) on golf carts, or (e) other department issued vehicles. • Police personnel assigned to this function shall work a minimum of 40 hours a week. Twenty of these hours should be spent being visible in the community, building relationships, collecting information and providing resources and information to residents and business owners who seek to promote positive change within their neighborhood. Specific emphasis should be given to those actions which will contribute to the attainment of the goals established with Community Partners such as but not limited to attend regularly scheduled Community Partners’ meetings and establish attainable goals with measurable outcomes with Community Partners. • The schedule for these Police personnel shall not be set, established or publicly posted. Their presence should be anticipated at any time by those who may be disrupted by their integration into the CRA area. • Police personnel assigned to this function will be furnished with either cell phones or, at minimum, voicemail accounts, which will be used to correspond with police personnel directly. CRA staff shall be provided with a list of these phone numbers and protocol for telephone contact or dissemination of information by the CRA to the Officers assigned to the Program. • CRA staff shall be informed of the Neighborhood Officers hours on a regular basis. • The CRA shall be provided with an organizational chart of the Officers assigned to the Program listing rank, badge numbers and years of service. • The CRA shall be provided a quarterly written report outlining the following: o Hours worked by the Program Officer o Name, rank and badge number of Program officers who have worked the Program during the reporting period. o Activities undertaken to achieve the goals of the Program o Crime statistics for the reporting period. 261 5 • The Police Department shall provide an annual written report summarizing the goals achieved along with a crime statistics report and associated map. Included in the report shall be recommendations for Program changes for the next fiscal year. • Funding for the Neighbor Officer Policing Program shall be at the discretion of the CRA Board and appropriated annually. • While the CRA will provide funding to support this program, operational and supervisory control remains with the Police Department. CRA Officers & Organizational Chart:  Officer Brown was placed on light duty status on December 5th, 2025.  Sgt. Jean was assigned as the new NOP supervisor effective November 17th, 2026. CRA Officers Mission Statement & Tasks: Mission Statement: The NOP Program is a collaborative commitment with the CRA to create a prosperous and vibrant downtown district while providing safety to the business owners, residents, and visitors. This will be accomplished by having motivated, interested, and engaged officers who know their business owners, clergy and residents and stay in tune and engaged with the community through regular face to face contacts. Through these contacts, crimes and community problems will be proactively and promptly addressed and enforced. When a community is well cared for and appropriately policed, it is more inviting to potential business owners, residents and guests and crime is collaboratively controlled through a whole of community approach. 262 6 Tasks: • Solicit Trespass Agreements from all business in the CRAs district • Solicit retailers in the CRA’s district to sign up for the Telegram App. This app will be used as an information sharing mechanism between retailers and the department regarding theft suspects, vandals, trespassers etc. • Serve as the first line of engagement with business owners, citizens and guests to resolve needs and conflicts. • Monitor radio for in-progress crimes and nuisance calls in the CRAs District and respond and investigate those crimes. Specifically, CRA Officers are required to respond to all in progress calls to include but not limited to robberies, retail thefts, shootings, aggravated assaults & batteries, etc. • Instances of Public Nuisance have the potential to affect the health, safety, welfare, and/or comfort of the general public. Therefore, CRA Officers are required to address all observed and reported instance of public nuisance offenses, to include but not limited to public intoxication, public drinking, public urination and defecation, harassment, intimidation, and passing out in public places. • Patrol the CRA areas of the city with a positive solution-based approach. • With CRA input, identify people with significant influence within the community (members of the clergy, community activists, longstanding residents who are well- respected); work with them to cultivate partnerships and organize activities which will address the needs and challenges identified. • Work closely with Community Standards to identify and efficiently resolve code violations. • Collaborate with and develop relationships with city departments so that relevant community complaints can be promptly resolved or mitigated. • Monitor panhandlers and trespassers and take appropriate action to resolve the activity. • Utilize “My Boynton App” to log and monitor code violations and community concerns when the matter cannot be immediately addressed. • Partner with the agency’s victim advocate and community programs to provide outreach and assistance to the unhoused. • Attend monthly CRA meetings, events, and special meetings when assigned. CRA Officers quarterly work hours: The CRA Officers are assigned to work four (4) ten (10) hour shifts during a calendar week. During the quarter, the officers were assigned to work Monday to Thursday and Tuesday to Friday. The table below depicts the officers’ individual time during the quarter: 263 7 Officer Eligible Quarterly Normal Work Hours Road Patrol Hours Worked Actual CRA Patrol Hours Approved Leave Hours Approved Training Hours CRA Overtime Hours Davis 507 0 454.5 28.5 40 16 Borrero 429 0 351 36.0 72 30.0 Brown 502 0 456.5 58.5 5 18.0 Carter 400 0 398.5 20.0 0 18.50 Jean 250 0 250 0.0 0 0.0 Note: The overtime hours listed above do not include CRA Detail hours worked, other department overtime or department detail hours worked by the listed officers. The only overtime hours included above are directly attributable to supplementary activities, duties or responsibilities in the CRA District. Additionally, Actual Patrol hours do not include overtime hours worked of any kind and exclude road patrol hours worked, approved leave hours and approved training hours. Mission Relevant Quarterly Activities Executive Summary: During the quarter the CRA Officers were not required to work regular road patrol hours as set forth in the above table. During this quarter, CRA Officers continued proactive efforts to address community complaints related to illegal activity and excessive noise along the 200 block of NE 7th Avenue and within the Intracoastal Park area. Officers engaged directly with a resident of NE 7th Avenue to discuss ongoing concerns and collaboratively identify practical and effective solutions to improve quality of life in the area. In addition, CRA Officers coordinated with multiple City departments to ensure the Intracoastal Park was properly cleaned, maintained, and restored to a condition that encourages safe and appropriate use by the general public. To further support these efforts, CRA Officers conducted regular nightly operations aimed at deterring trespassing and preventing individuals from sleeping in the park overnight. These combined enforcement, outreach, and interdepartmental initiatives contributed to improved conditions and enhanced community confidence in the area. During the 1st Quarter of FY 2025/26, the CRA Officers accomplishments included, but were not limited to: attendance at 6 community events/meetings, completion of 62 extra patrols/business checks, attendance at 6 CRA Board/Advisory Board Meetings, 7 arrests and 80 traffic stops. Business walks and checks, whether conducted solely by the CRA Officers or in collaboration, with CRA staff, are opportunities to build bridges and relationships with the CRA District’s business Community. During these self-initiated contacts, the CRA Officers and staff listen to concerns and problems and provide information and solutions to the business community. These grass root contacts, serve as a critical information source and as a foundational basis for creativity and problem solving. 264 8 In collaboration with BBCRA staff, the NOP developed a plan to resume business walks, business checks, community meetings, and other initiatives designed to keep CRA Officers and Police Department command staff informed of community concerns. During these meetings, residents and business owners raise a variety of issues, including traffic-related problems, crime, and neighborhood cleanliness. CRA Officers and Police Department personnel address these concerns by offering guidance and recommendations and, when appropriate, coordinating with other City departments to resolve issues in a timely and effective manner. Community confidence in law enforcement is strengthened when residents see that their police department values their input, responds to their concerns, and works collaboratively with other City departments to implement meaningful and positive change. Specific Mission Relevant Quarterly Activities Undertaken by Week: Week 1 – 10/01/25 to 10/05/25 • A business check was conducted at 1600 S. Federal Hwy., Case # 25-072904 • A traffic stop was conducted at E. Ocean Ave and N. Federal Hwy., 25-072983 • A traffic stop was conducted at E. Ocean Ave and N. Federal Hwy., 25-072989 • A business check was conducted at 1600 S. Federal Hwy., Case # 25-073001 • A business check was conducted at 1600 N. Fed. Hwy., Case # 25-073002 • A Commercial Burglar Alarm was investigated at 1351 S. Fed. Hwy., Case # 25-073014 • A business check was conducted at 1600 N. Fed. Hwy., Case # 25-073177 • A traffic stop was conducted at E Ocean Ave and S. Federal Hwy., Case#25-073983 • A traffic stop was conducted at E Ocean Ave and N. Federal Hwy., Case#25-073194 • A trespass warning was issued at 480 East Boynton Beach Blvd., Case#25-073235 • An extra Patrol was conducted at 480 E. Boynton Beach Blvd., Case #25-073256 Week 2 – 10/06/25 to 10/12/25 • A suspicious person was investigated at 100 E. MLK Blvd., Case#25-074008 • A traffic stop was conducted at 700 N. Federal Hwy., Case # 25-074081 • A traffic stop was conducted at 300 NW 8th Ave., Case # 25-074088 • A business check was done at 3625 S Federal Hwy., Case#25-074234 • An extra patrol was conducted at 480 E. Boynton Beach Blvd., Case #25-074242 • An extra patrol was conducted at 480 E. Boynton Beach Blvd., Case #25-074487 • A suspicious person was investigated at 117 E. MLK Blvd., Case#25-074494 • An extra Patrol was conducted at 1415 S. Federal Hwy., Case #25-074533 • A business check was done at 580 E. Woolbright Rd., Case#25-074566 • A business check was done at 480 E. Boynton Beach Blvd., Case#25-074567 • An extra patrol was conducted at 1415 S. Federal Hwy., Case #25-074571 • A business check was done at 420 SE 4th St., Case#25-074579 265 9 Week 3 – 10/13/2025 to 10/19/2025 • An extra patrol was conducted at 480 E. Boynton Beach Blvd., Case #25-076238 • A traffic stop was conducted at 600 N. Federal Hwy., Case#25-076322 • A police assistance was rendered at 220 NE 7th, Ave. Case # 25-076325 • A business check was conducted at 1600 N. Fed. Hwy., Case # 25-076327 • A trespass complaint was investigated at 128 E. MLK Blvd. Case # 25-07649 • A business check was done at 3625 S Federal Hwy., Case#25-076844 • A traffic stop was conducted at 1400 N. Federal Hwy., Case#25-076882 • A business check was conducted at 1620 S. Fed. Hwy., Case # 25-076889 • An extra patrol was conducted at 480 E. Boynton Beach Blvd., Case #25-076931 • A business check was conducted at 743 NE 1st Ave., Case # 25-077114 • An extra patrol was conducted at 1415 S. Federal Hwy., Case #25-077129 • A suspicious person was investigated at 2240 N. Federal Hwy., Case#25-077135 • An extra patrol was done at 420 SE 4th St., Case#25-077185 Week 4 – 10/20/2025 to 10/26/2025 • An extra patrol was conducted at 480 E. Boynton Beach Blvd., Case #25-078140 • A traffic stop was conducted at E. Boynton Beach Blvd and N. Fed. Hwy., Case#25-078144 • An extra patrol was conducted at 234 NW 10th Ave., Case #25-078175 • A suspicious person was investigated at 1626 S. Federal Hwy., Case # 25-078202 • A traffic stop was conducted at E. Boynton Beach Blvd and NW 1st St., Case#25-078227 • A suspicious person was investigated at 137 E. MLK Blvd., Case # 25-078236 • An extra patrol was conducted at 750 NE 4th Ave., Case #25-078416 • A suspicious person was investigated at 1550 N. Federal Hwy., Case # 25-078473 • A disturbance was investigated at 100 NE 7th Ave., Case # 25-078473 • A suspicious person was investigated at 530 E. Gateway Blvd., Case # 25-078501 • A suspicious person was investigated at 3600 S. Federal Hwy., Case # 25-078512 • A suspicious person was investigated at 1620 S. Federal Hwy., Case # 25-078713 • A suspicious person was investigated at 1920 S. Federal Hwy., Case # 25-078723 • An extra patrol was conducted at 643 St. Marks Pl., Case #25-078737 • An extra patrol was conducted at 640 E. Ocean Ave., Case # 25-078754 • A business check was conducted at 743 NE 1st Ave., Case # 25-078760 • A suspicious person was investigated at 234 NW 10th Ave, Case # 25-078762 266 10 Week 5 – 10/27/2025 to 11/02/2025 • An extra patrol was conducted at 234 NW 10th Ave., Case # 25-079047 • A suspicious person was investigated at NE 12th Ave and NE 1st St., Case # 25-079883 • A traffic stop was conducted at 600 NW 2nd St., Case # 25-079924 • A traffic stop was conducted at 1500 S. Federal Hwy., Case#25-079957 • A business check was conducted at 743 NE 1st Ave., Case # 25-080123 • A business check was conducted at 420 SE 4th St., Case # 25-080135 • A business check was conducted at 1600 N. Federal Hwy., Case # 25-080140 • Police assistance was provided at N. Federal Hwy and E. MLK Blvd, Case # 25-080203 • A suspicious person was investigated at 622 N. Federal Hwy., Case # 25-080209 • An extra patrol was conducted at 2240 N. Federal Hwy., Case # 25-080230 • A traffic stop was conducted at 3000 N. Federal Hwy., Case # 25-080394 • A suspicious person was investigated at 100 E. MLK Blvd., Case # 25-080408 • A business check was conducted at 1600 S. Federal Hwy., Case # 25-080411 • An extra patrol was conducted at 2240 N. Federal Hwy., Case # 25-080462 • A business check was done at 3625 S Federal Hwy., Case#25-080491 • A suspicious person was investigated at 100 E. MLK Blvd., Case # 25-080504 Week 6 – 11/03/2025 to 11/09/2025 • An extra patrol was conducted at 1415 S. Federal Hwy., Case # 25-082042 • An extra patrol was conducted at 480 E. Boynton Beach Blvd., Case #25-082069 • A suspicious person was investigated at 510 E. Ocean Ave., Case # 25-082105 • A business check was conducted at 1600 S. Federal Hwy., Case # 25-082113 • A traffic stop was conducted at 2403 S. Federal Hwy., Case # 25-082291 • Police assistance was provided at 643 NE 4th Ave, Case # 25-082293 • A business check was conducted at 743 NE 1st Ave., Case # 25-082321 • A suspicious person was investigated at 117 E. MLK Blvd., Case # 25-082323 • A business check was conducted at 580 E. Woolbright Rd., Case # 25-082324 • A business check was conducted at 1600 S. Federal Hwy., Case # 25-082349 • An extra patrol was conducted at 600 SE 4th St., Case #25-082583 • A business check was done at 3625 S Federal Hwy., Case#25-082878 • A business check was conducted at 643 NE 4th Ave, Case # 25-083850 • A traffic stop was conducted at N. Fed. Hwy and Boynton Beach Blvd., Case # 25-083910 267 11 Week 7 – 11/10/2025 to 11/16/2025 • An extra patrol was conducted at 2240 N. Federal Hwy., Case # 25-084200 • A traffic stop was conducted at N. Fed. Hwy and E. MLK Blvd., Case # 25-084424 • A business check was conducted at 743 NE 1st Ave., Case # 25-084472 • An extra patrol was conducted at 640 E. Ocean Ave., Case # 25-084476 • An extra patrol was conducted at 100 E. Ocean Ave., Case # 25-084477 • A business check was conducted at 1600 S. Federal Hwy., Case # 25-084493 • An extra patrol was conducted at 743 NE 1st Ave., Case # 25-084500 • An extra patrol was conducted at 420 SE 4th St., Case # 25-084690 • A business check was conducted at 580 E. Woolbright Rd., Case # 25-084691 • An extra patrol was conducted at 480 E. Boynton Beach Blvd., Case #25-084701 • An extra patrol was conducted at 2240 N. Federal Hwy., Case # 25-084727 • A suspicious person was investigated at 2240 N. Federal Hwy., Case # 25-084804 Week 8 – 11/17/2025 to 11/23/2025 • A suspicious person was investigated at 2240 N. Federal Hwy., Case # 25-085480 • A business check was conducted at 1600 N. Federal Hwy., Case # 25-085690 • A business check was conducted at 643 NE 4th Ave, Case # 25-085701 • A business check was conducted at 580 E. Woolbright Rd., Case # 25-085773 • A traffic stop was conducted at 700 NE 10th Ave., Case # 25-085793 • A suspicious person was investigated at 100 E. MLK Blvd., Case # 25-085796 • A suspicious person was investigated at 132 E. MLK Blvd., Case # 25-085944 • A business check was conducted at 1600 N. Federal Hwy., Case # 25-085993 • An extra patrol was conducted at 420 SE 4th St., Case # 25-085999 • An extra patrol was conducted at 2240 N. Federal Hwy., Case # 25-086008 • A suspicious person was investigated at Seacrest and BBB Blvd., Case # 25-086063 • An extra patrol was conducted at 615 E. Boynton Beach Blvd., Case # 25-086221 • A reckless driver was stopped at 600 W. Boynton Beach Blvd., Case # 25-086229 • A traffic stop was conducted at 200 W. Gateway Blvd., Case # 25-086258 • A business check was conducted at 1600 S. Federal Hwy., Case # 25-086293 • A traffic stop was conducted at 900 NE 3rd St., Case # 25-086304 • An extra patrol was conducted at 615 E. Boynton Beach Blvd., Case # 25-086465 • An extra patrol was conducted at 3625 S Federal Hwy., Case#25-086483 • A suspicious person was investigated at 100 E. MLK Blvd., Case # 25-086484 268 12 Week 9 – 11/24/2025 to 11/30/2025 • A suspicious person was investigated at 301 N. Seacrest Blvd., Case # 25-087324 • A suspicious person was investigated at 100 NE 7th Ave., Case # 25-087333 • An extra patrol was conducted at 600 E. Boynton Beach Blvd., Case # 25-087349 • A suspicious person was investigated at 3625 S. Federal Hwy., Case # 25-087355 • A disturbance was investigated at 2821 S. Federal Hwy., Case # 25-087545 • A trespass complaint was investigated at 500 E. Woolbright Rd., Case # 25-087558 • A theft was investigated at 3625 S. Federal Hwy., Case # 25-087573 • An extra patrol was conducted at 640 E. Ocean Ave., Case # 25-087754 • A business check was conducted at 1600 S. Federal Hwy., Case # 25-087805 • A business check was conducted at 3625 S Federal Hwy., Case#25-087809 • An extra patrol was conducted at 3625 S Federal Hwy., Case#25-087814 • A suspicious person was investigated at 508 NW 2nd St., Case # 25-087819 • Police assistance was provided at 480 W. Boynton Beach Blvd, Case # 25-087833 • A suspicious person was investigated at 108 NE 7th Ave., Case # 25-087850 • An extra patrol was conducted at 743 NE 1st Ave., Case # 25-088877 • An extra patrol was conducted at 2240 N. Federal Hwy., Case # 25-088889 Week 10 – 12/01/2025 to 12/07/2025 • A traffic stop was conducted at 500 N. Seacrest Blvd., Case # 25-088895 • A traffic stop was conducted at 400 E. Boynton Beach Blvd., Case # 25-088899 • A traffic complaint was investigated at NE 1st St. and Boynton Bch Blvd., Case #25-088901 • A traffic stop was conducted at 1400 N. Seacrest Blvd., Case # 25-088907 • A business check was conducted at 3625 S Federal Hwy., Case #25-087809 • A business check was conducted at 501 SE 18th Ave., Case #25-088922 • An extra patrol was conducted at 580 E. Woolbright Rd., Case # 25-088955 • An extra patrol was conducted at 640 E. Ocean Ave., Case # 25-089083 • A traffic stop was conducted at 1100 N. Seacrest Blvd., Case # 25-089213 • An extra patrol was conducted at 643 NE 4th Ave, Case # 25-089348 • A business check was conducted at 615 E. Boynton Beach Blvd., Case # 25-089377 • An extra patrol was conducted at 580 E. Woolbright Rd., Case # 25-089380 • A business check was conducted at 3625 S Federal Hwy., Case #25-089400 • A disturbance was investigated at E. Woolbright Rd and S. Fed. Hwy., Case # 25-089457 Week 11 – 12/08/2025 to 12/14/2025 • A traffic stop was conducted at 400 E. MLK Blvd., Case # 25-090721 • A traffic stop was conducted at N. Fed. Hwy and BBB Blvd., Case # 25-090760 • A traffic stop was conducted at 600 N. Federal Hwy., Case # 25-090762 269 13 • A business check was conducted at 3625 S Federal Hwy., Case #25-090936 • A business check was conducted at 580 E. Woolbright Rd., Case # 25-090955 • A business check was conducted at 3625 S Federal Hwy., Case #25-091087 • A business check was conducted at 1550 N. Federal Hwy., Case #25-091091 • Police assistance was provided at 100 E. MLK Blvd., Case # 25-091119 • A business check was conducted at 3625 S Federal Hwy., Case #25-091159 • A suspicious person was investigated at 501 SE 18th Ave., Case # 25-091161 • An extra patrol was conducted at 500 S. Federal Hwy, Case # 25-091478 Week 12 – 12/15/2025 to 12/21/2025 • A business check was conducted at 640 E. Ocean Ave., Case # 25-092598 • An extra patrol was conducted at 3625 S Federal Hwy., Case #25-090936 • A traffic stop was conducted at 1400 N. Seacrest Blvd., Case # 25-092620 • A suspicious person was investigated at 141 E. MLK Blvd., Case # 25-092622 • A business check was conducted at 1600 S. Fed. Hwy., Case # 25-092688 • A suspicious person was investigated at 117 E. MLK Blvd., Case # 25-092747 • Police assistance to FD was provided at 132 E. MLK Blvd., Case # 25-092941 • A suspicious person was investigated at 600 N. Seacrest Blvd., Case # 25-092942 • A traffic stop was conducted at 300 N. Seacrest Blvd., Case # 25-093000 • A traffic stop was conducted at 400 W. Boynton Bch. Blvd., Case # 25-093014 • Police assistance was provided at 2821 S. Federal Hwy., Case # 25-093021 • A trespass complaint was investigated at 137 E. MLK Blvd., Case # 25-093303 • A business check was conducted at 743 NE 1st Ave., Case # 25-093560 • A suspicious person was investigated at 1005 N. Seacrest Blvd., Case # 25-094402 Week 13 – 12/22/2025 to 12/28/2025 • A disturbance was investigated at 1634 S. Federal Hwy., Case # 25-094449 • An extra patrol was conducted at 580 E. Woolbright Rd., Case # 25-094509 • A business check was conducted at 640 E. Ocean Ave., Case # 25-094511 • An extra patrol was conducted at 3625 S Federal Hwy., Case #25-094521 • An extra patrol was conducted at 643 NE 4th Ave, Case # 25-095032 • A suspicious person was investigated at 650 Snug Harbor Dr., Case # 25-095033 • An extra patrol was conducted at 743 NE 1st Ave., Case # 25-096436 • A traffic stop was conducted at 600 NE 6th Ave., Case # 25-096438 • An extra patrol was conducted at 580 E. Woolbright Rd., Case # 25-096460 • An extra patrol was conducted at 3625 S Federal Hwy., Case #25-096497 • A suspicious person was investigated at 2700 S. Federal Hwy., Case # 25-096509 270 14 Note* The use of Case# (number) above refers to either a case number where a report was generated or to a computer aided dispatch (CAD) number. These numbers are provided to allow for verification of the listed incidents if necessary. Photo highlights of Quarter 1: TRUNK OR TREAT AT ST. JOHN BAPTIST CHURCH – OCTOBER 31ST, 2025 271 15 SNAPSHOTS WITH SANTA – DECEMBER 4th, 11th, 18th, 2025 272 16 HOLIDAY GIFTS GIVEAWAY – DECEMBER 19TH, 2025 273 17 HOLIDAY GIFTS GIVEAWAY (continued) 274 18 CRA Crime Statistics October 1st, 2025 to December 31st, 2025: 275 19 276 20 277 278 279 280 281 282 283 Category FY 2025 QTY FY 2026 Officer Salaries & Incentives *442,098 4 450,652 Officer Benefits-Pension 244,598 4 275,528 Officer Benefits 82,116 4 92,277 Officer Overtime 40,000 4 40,000 Proposed Sergeant Salary & Incentive -1 244,892 Overtime -1 60,000 Total Personnel Costs $ 808,812 $ 1,163,349 Cell Phones Service Plan 3,500 4.75 4,456 Office Supplies / Misc Supplies 2,500 3,000 Office Electric, Cable/ Internet, water/sewage 12,000 12 13,000 Office Space Monthly Maintenance 2,000 12 2,250 Office Cleaning 2,000 12 2,250 Uniform 2,500 4.75 3,469 Community Events/Promotions 6,000 1 7,000 Training 8,500 4.75 10,094 Total Operating Expense $ 39,000 $ 45,519 Misc. Equipment - As needed 4,000 1 5,000 Volcanic 2024 Approach Patrol Bike 3,598 2 - Volcanic Frame Bike Patrol Bags 716 4 - Niterider Digital Patrol LED Police Bike Liight 2,000 4 - Niterider Police Tail Light 280 4 - Total Equipment Costs $ 10,594 $ 5,000 Total Proposed Program Expenses $ 858,406 $ 1,213,868 FY 2026 ILA Amount FY 2026 COMPREHENSIVE ANNUAL BUDGET- CRA NEIGHBORHOOD POLICING PROGRAM Notes Personnel Salary, Education Incentive Pension Healthcare, Dental, Vision, FICA Overtime Salary, Education Incentive (AVG) Operating Expenses Cell Phones for CRA Officers Office Supplies (incl printer/ copier) Monthly Operating Cost AC Filters/Repairs etc. City Cleaning Crew Uniforms,belts Youth Programs CPTED, STEP academy Equipment Misc. Equipment $ 1,213,868 NOTE: All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2025-2026 *Salary and Benefits are subject to change as a result of new FY 2026 PBA Contract. 284 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 INFORMATION ONLY AGENDA ITEM 8.C SUBJECT: CRA Economic & Business Development Grant Program Update SUMMARY: The CRA's reimbursable Economic Development Grants provide 50% of the project costs in matching funding for rent and commercial property improvements. The grant programs continue to further the CRA's mission to activate vacant commercial space, assist businesses, create jobs and develop a vibrant downtown. Grant guidelines and applications can be downloaded from the CRA website www.boyntonbeachcra.com.Below is a status report of the CRA's Economic Development Grant Programs and Business Development activities for FY 2025-2026: FY 2025-2026 Budget $620,000 Grants Awarded Since October 1, 2025 ($235,245.64) Remaining Fund Balance as of 2/3/26: $384,754.36 List of CRA Board approved Economic Development Program Grantees since October 1, 2025: Business Name Address Grant Grant Amount Love in Orbit LLC d/b/a Fly & Flow Fitness 640 E. Ocean Avenue, Unit 20 Rent Reimbursement $9,000 The Coffee and Ale Exchange LLC d/b/a Bond Street Ale and Coffee 1626 S. Federal Highway Property Improvement $50,884.60 Xpedited Health Care LLC 137 NE 10th Avenue, Unit 102 Property Improvement $1,975 285 Rusty's Restaurant and Lounge LLC d/b/a Rusty's Carib Cuisine 510 E. Ocean Avenue, Unit 107 Rent Reimbursement Property Improvement $82,786.26 Propco 1140 W Industrial Boynton FL LP 1140 W. Industrial Avenue Property Improvement $25,000 PENDING February 10, 2026 Approval A&A Investments 332 W. Boynton Beach Boulevard Property Improvement $25,000 Second Rodeo Hospitality LLC d/b/a Second Rodeo 640 E. Ocean Avenue, Unit 6 Rent Reimbursement $19,200 Hope Pool and Spa LLC 1220 W. Industrial Avenue, Unit 5 Rent Reimbursement $18,806.28 Forward Leaders Group LLC d/b/a Big John's To-Go 137 NE 10th Avenue, Unit 105 Property Improvement (Design Fees) $2,456 Xpedited Health Care LLC 137 NE 10th Avenue, Unit 102 Property Improvement (Design Fees) $137.50 FISCAL IMPACT: FY 2025-2026 Budget, Project Fund, Line Item 02-58400-444, $620,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. 286 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 INFORMATION ONLY AGENDA ITEM 8.D SUBJECT: Social Media & Print Marketing Update SUMMARY: Throughout the month of January, a variety of marketing efforts were made to promote BBCRA initiatives and projects, as well as, a variety of local businesses that operate within the BBCRA area. Social Media Marketing BBCRA Project Posts: Cottage District Coastal Cruiser Boynton Harbor Marina Business Promotional Posts : Utilized Facebook and Instagram feed and stories to promote a variety of businesses, such as: Dock & Dine at Two Georges, Banana Boat, and Prime Catch Florida Tackle Company Hurricane Alley Second Rodeo Digital Marketing Boynton Beach Insider Blog Making Progress: The Villages Celebrates Its Top Out Ceremony The Mixer Cafe Now Open at Casa Costa in Boynton Beach The Inn is OUT: Making Way for Future Revitalization on Boynton Beach Boulevard Hour Cucina: Fueling Local Food Entrepreneurs in Eastern Boynton Beach New Year, New You: Support Local While Prioritizing Your Health & Fitness New Year, New Look: Let Your Business Glow Up in 2026! Experience the Best of Mexico at Paloma Mexican Restaurant in Downtown Boynton Beach Redevelopment Works Newsletter : Happy New Year The Inn is Out: Making Way for Future Revitalizations The Villages Making Progress with Top Out Ceremony New Year, New Look: Let Your Business Glow Up 287 •Attachment I - January Social Media Overview •Attachment II - January Facebook & Instagram Posts Coastal Cruiser Restaurant Bootcamp Candlelight Concert The Mixer Cafe New Year, New You: Supporting Local Health & Wellness Hour Cucina Boynton Harbor Marina Holiday Boat Parade Recap Video Public Meetings See Attachment I for an overview of social media post in January and Attachment II for a full listing of posts that were shared in January. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 288 SOCIAL MEDIA MARKETING OVERVIEW 289 SOCIAL MEDIA – PROJECT POSTS 290 SOCIAL MEDIA – PROJECT POSTS 291 SOCIAL MEDIA – PROJECT POSTS 292 SOCIAL MEDIA – BUSINESS POSTS 293 SOCIAL MEDIA – BUSINESS POSTS 294 SOCIAL MEDIA – BUSINESS POSTS 295 SOCIAL MEDIA – BUSINESS POSTS 296 January Facebook & Instagram Posts 297 January Facebook & Instagram Posts 298 January Facebook & Instagram Posts 299 January Facebook & Instagram Posts 300 January Facebook & Instagram Posts 301 January Facebook & Instagram Posts 302 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 INFORMATION ONLY AGENDA ITEM 8.E SUBJECT: Social Media Outreach Program 1st Quarter Report for FY 2025-2026 (October 2025 - December 2025) SUMMARY: The following is a list of the Social Media Outreach Program (SMOP) business development activities (see Attachment I): 100 Businesses are currently registered in the Social Media Outreach Program (130 have registered since program inception) 3 New business added during the 1st quarter 25 Businesses were contacted this quarter (contacts are done in-person, email, via phone, and via virtual platforms) Social Media Outreach Program Elements One-on-one social media assistance with businesses has helped businesses to promote themselves and grow their following or connect employers with local talents (see Attachment II for examples of assistance for Starfish Scuba, ArtSea Living Studio, The Crown Spa, ROK Prime Korean BBQ, Beach House Boutique) with various social media platforms such as Google, Facebook, and Instagram. The Boynton Beach Insider Blog is ongoing to aid local businesses and the BBCRA with web search engine optimization (SEO) and to build awareness to the Boynton Beach community about local businesses and CRA projects and programs. The BBCRA has published the following (see Attachment III): 10/31/25 Shop Local This Thanksgiving in Boynton Beach 10/31/25 The Weather is Here to Dock and Dine 10/31/25 Get Your Car Holiday Ready While Supporting Local 12/2/25 Holiday Eats in Boynton Beach 12/2/25 Make the Season Bright: Support Local Businesses 12/9/25 Paloma Restaurant 12/30/25 New Year, New You: Support Local Health and Fitness 12/30/25 Hour Cucina 12/30/25 The Mixer Cafe This quarter, the Boynton Beach CRA’s Social Media has consistently reached Boynton Beach community members, enabling businesses to reach potential clients if a connection is made with the CRA's platforms. Attachment IV contains examples of the top performing posts and all 303 •Attachment I - SMOP Biz Visited •Attachment II - SMOP Assistance •Attachment III - Blog •Attachment IV - SM Posts •Attachment V - Comparison posting activities during this quarter. The results from this quarter indicate the BBCRA's social media platforms are still a useful marketing and promotional tool (see Attachment V). Facebook has interacted with over 10,000 users this quarter Instagram interacted with 2,500 users this quarter Upcoming Activities Include: Continue implementing BBCRA Marketing Grant Develop new social media strategies to assist local businesses via the BBCRA social media channels Continue 2025 Business Development Video Campaign and develop new strategies to reach a larger audience Continue the Boynton Beach Bucks campaign in conjunction with the BBCRA Business Promotions Team Continue with one-on-one business assistance Continue updates of the CRA's business listing Coordinate with BBCRA Grants and Project Manager to promote the SMOP Program to prospective grant recipients Continue in-person business visits to spread awareness to businesses on BBCRA Resources, including upcoming construction activities associated with CRA projects such as Cottage District Infill Housing, and 115 N. Federal Highway Infill Mixed Use Redevelopment Projects. FISCAL IMPACT: FY 2025-2026 Budget, General Fund, Line Item 01-57400-100, $146,167 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 304 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP Sweetwater 1507 S Federal Hwy Boynton Beach FL 33435 12/18/2025 x Tokio Ramen 1351 S Federal Hwy, Boynton Beach, FL 33435 12/18/2025 x Common Grounds Brew & Roastery 101 S Federal Hwy, Boynton Beach, FL 33435 12/12/2025 x Baciami 1415 S Federal Hwy Boynton Beach FL 33435 12/12/2025 x Hour Cucina 411 S Federal Hwy, Boynton Beach Fl 33435 12/11/2025 x Trilogy Fitness 1550 N Federal Hwy, Boynton Beach, FL 33435 12/5/2025 x Alchemy Salon 640 E Ocean Ave #5, Boynton Beach, FL 33435 12/4/2025 x Scheurer's Chocolate 640 E Ocean Ave Unit 10, Boynton Beach, FL 33435 12/4/2025 x Second Rodeo 640 E Ocean Ave Suite 6, Boynton Beach, FL 33435 12/4/2025 Boynton Beach Denistry 1315 N Federal Hwy suite 100, Boynton Beach, FL 33435 12/2/2025 x LovliTea 306 E Boynton Beach Blvd, Boynton Beach, FL 33435 11/19/2025 ArtSea Living Studio  412 E Ocean Ave #1, Boynton Beach, FL 33435 11/18/2025 x ManCave 1503 S Federal Hwy, Boynton Beach, FL 33435 11/5/2025 x South Florida Marine 725 N Federal Hwy, Boynton Beach, FL 33435 10/30/2025 x Custom Truss 510 Industrial Ave, Boynton Beach, FL 33426 10/29/2025 x By Cycle 640 E Ocean Ave #21, Boynton Beach, FL 33435 10/27/2025 x Property Damage Consultants 125 E Boynton Beach Blvd. Boynton Beach FL, 33435 10/27/2025 x Lovlitea 306 E. Boynton Beach Blvd 10/22/2025 x Bailey's Blendz 640 E Ocean Ave Suite 16, Boynton Beach, FL 33435 10/20/2025 x Driftwood 2005 S Federal Hwy, Boynton Beach, FL 33435 10/20/2025 x Tipsy Nail Salon 1515 S Federal Hwy, Boynton Beach Fl 33435 10/14/2025 x Hip Hip Furray 1403 S Federal Hwy, Boynton Beach, FL 33435 10/8/2025 x Starfish Scuba 640 E Ocean Ave #2, Boynton Beach, FL 33435 10/8/2025 x Guaca Go 500 Unit 106 E Ocean Avenue Boynton Beach FL 33435 10/2/2025 x Dimensional Healthcare Casa Costa 10/1/2025 x Art Sea Living 112, #7, S Federal Hwy, Boynton Beach, FL 33435 9/17/2025 x Town Square Dentistry 1250 S. Federal Highway, Ste. 101 9/17/2025 x One Boynton 1351 S Federal Hwy, Boynton Beach, FL 33435 7/22/2025 x Gulfstream Boat Rental Marina, Boynton Beach, FL 33435 7/20/2025 Marina Café 100 NE 6th St #108, Boynton Beach, FL 33435 7/12/2025 x Fish Envy Marina, Boynton Beach FL 33435 7/12/2025 Design Stop 1505 Federal Hwy, Boynton Beach, FL 33435 6/25/2025 Tiki Taxi 735 Casa Loma Blvd, Boynton Beach FL 33435 6/16/2025 x 305 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP Boynton Harbor Marina 735 Casa Loma Blvd, Boynton Beach FL 33435 6/10/2025 x Banana Boat 739 E Ocean Ave, Boynton Beach, FL 33435 6/7/2025 Two Georges 728 Casa Loma Blvd, Boynton Beach, FL 33435 6/7/2025 Nails & Co 510 E Ocean Ave unit 104 Boynton Beach FL, 33435.6/3/2025 Beach House Boutique 1120 S Federal Hwy, Boynton Beach, FL 33435 6/3/2025 x The Crown Spa 1210 Federal Hwy STE 101, Boynton Beach, FL 33435 5/15/2025 x Ace Hardware 510 E Boynton Beach Blvd, Boynton Beach FL, 33435 5/5/2025 x The Ark Dog Grooming Services 1406 N. Federal Hwy Boynton Beach, FL 33435 5/2/2025 x Spectrum Innovations 1370 W Industrial Avenue #113 5/1/2025 x Florida Tackle Company 1550 N Federal Hwy, Boynton Beach, FL 33435 4/2/2025 x The Zoo Fitness 538 E Woolbright Rd #200, Boynton Beach, FL 33435 2/15/2025 x Blue Heart Health Care 709 Federal Highway, Boynton Beach, Florida 33435 2/10/2025 x 4 Reel Services 332 W Boynton Beach Blvd Suite 1, Boynton Beach, FL 33435 2/5/2025 x Capt. Frank's Seafood 435 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/3/2025 Café Frankies 640 E Ocean Ave, Boynton Beach, FL 33435 2/2/2025 x Benvenuto Restaurant & Banquet 1730 N Federal Hwy Boynton Beach FL, 33435 1/20/2025 The Joint 520 E Woolbright Rd, Boynton Beach FL 33435 1/19/2025 Kabuki 321 E Woolbright Rd, Boynton Beach, FL 33435 1/12/2025 x Hamr Time Marina, Boynton Beach, FL 33435 12/15/2024 Safai 400 N Federal Hwy, Boynton Beach, FL 12/12/2024 x Hurricane Alley 529 E Ocean Ave, Boynton Beach, FL 33435 12/7/2024 x Café Prelude 312 N. Federal Hwy, Boynton Beach, FL 33435 12/4/2024 x The Butcher & The Bar 510 E Ocean Ave, Unit 101, Boynton Beach FL 33435 12/4/2024 x Clear Copy 1304 N Federal Hwy, Boynton Beach FL, 33435 11/20/2024 x ROK Prime Korean BBQ 1727 S Federal Hwy, Boynton Beach, FL 33435 11/15/2024 x Penn Nails and Spa 640 E Ocean Ave Suite 17, Boynton Beach FL 33435 10/10/2024 x Bond Street Market 308 N. Federal Hwy, Boynton Beach, FL 33435 10/5/2024 x A1A Discount Beverage 109 E Boynton Beach Blvd. Boynton Beach FL, 33435 8/20/2024 Bon Zouti 1550 N Federal Hwy, Boynton Beach, FL 33435 8/3/2024 Angel's Secret Inc.640 E Ocean Ave #9, Boynton Beach, FL 33425 7/21/2024 x NYPD Pizza 308 N. Federal Hwy, Boynton Beach, FL 33435 7/20/2024 x Boardwalk Italian Ice & Creamery 209 N Federal Hwy, Boynton Beach, FL 33435 7/5/2024 x 306 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP CK Locksmith 301 SE 4th St, Boynton Beach, FL 33435 7/5/2024 x South Florida Diving Headquarters 735 Casa Loma Blvd, Boynton Beach FL 33435 6/2/2024 x The Beauty and the Brow 501 SE 18th Ave, Boynton Beach, FL 33435 2/16/2024 x Tropical Island Restaurant 400 E Boynton Beach Blvd, Boynton Beach, FL 33435 2/10/2024 x East Ocean Café 412 E Ocean Ave, Boynton Beach, FL 33435 1/25/2024 x The Beauty Within 100 NE 6th Street #104, Boynton Beach, FL 33435 1/24/2024 x Tropical Smoothie 1025 Gateway Blvd, Boynton Beach FL, 33435 1/4/2024 x Front Door Detailing 422 W Industrial Ave, Boynton Beach, FL 33435 12/15/2023 x Fly, Flow Fitness 640 E Ocean Ave Boynton Beach FL 33435 12/8/2023 x Salon South Flow 1815 Federal Hwy. Boynton Beach, FL 33435 12/5/2023 x Sol Search Charters 735 Casa Loma Blvd, Boynton Beach FL 33435 11/12/2023 x Jackie's Grooming 640 E Ocean Ave Unit 18, Boynton Beach, FL 33435 9/7/2023 x Lighthouse Vapes 640 E Ocean Ave Unit 8, Boynton Beach, FL 33435 9/7/2023 Link Jewelry Inc. 640 E Ocean Ave, Boynton Beach, FL 33435 9/7/2023 Endless Ups 639 E. Ocean Avenue 7/13/2023 Genesis Community Health 639 E. Ocean Ave Suite 409 7/13/2023 Mark Januschewski 639 e ocean ave #402 7/13/2023 Moloney Securities Co.639 e ocean ave 7/13/2023 x Saturn Street Music 639 e ocean ave #109 7/13/2023 Steven E. Myott 639 E. Ocean Ave suite 403 7/13/2023 Strategic Legal Web 639 E. Ocean Ave. Suite 201 7/13/2023 Veritas Legal Plan 639 E Ocean Ave #205 7/13/2023 Boynton Beach Boat Rental Marina,Boynton Beach FL 33435 6/2/2023 Miller Time Charter Marina, Boynton Beach, FL 33435 6/2/2023 AIRCOMO 800 NE 3rd street 5/18/2023 Boynton Auto Repair & Transmission 409 n railroad ave 5/18/2023 Hercules Roofing 421 NE 7th Ave 5/18/2023 Jireh Motorsport 403 NE 6TH AVE 5/18/2023 Leroy Affordable Paint and Body 817 b north railroad ave 5/18/2023 Lutheran Services Florida Head Start 909 NE 3rd St 5/18/2023 Mario Ferazzoli & Son 419 NE 4th Ave 5/18/2023 Meineke 319 E. Boynton Beach Blvd 5/18/2023 x Ocean Architectural 800 NE 3rd street 5/18/2023 307 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP One Stop Auto 502 NE 3rd Street 5/18/2023 Pioneer Auto Care 401 N. Railroad Avenue 5/18/2023 Pugh Pools, LLC 313 N. Railroad Avenue 5/18/2023 Seal Tile Plumbing 406 ne 3rd ave 5/18/2023 Taylor pneumatic Tool Company 505 n railroad ave 5/18/2023 USA Collision Center of Boynton Beach 905 N. Railroad Avenue 5/18/2023 Welch Plastering 716 NE 3rd street 5/18/2023 Zuccala's Wrecker Service 905 n railroad ave 5/18/2023 The Seed 1600 N Federal Hwy, Boynton Beach FL 33435 5/15/2023 x Sir Cutz Barbershop 558 E Woolbright Rd, Boynton Beach, FL 33435 5/6/2023 x Shiny Touch 1550 N Federal Hwy # 15, Boynton Beach, FL 33435 2/7/2023 x Amar Bakery & Market 1600 N Federal Hwy #15, Boynton Beach, FL 33435 2/5/2023 x Detail's Design 640 E Ocean Ave Unit 1, Boynton Beach, FL 33435 1/28/2023 Great Day Charter Marina, Boynton Beach, FL 33435 12/20/2022 Boynton Beach Parasailing Marina, Boynton Beach FL 33435 12/10/2022 x Truist 1725 S Federal Hwy, Boynton Beach, FL 33435 12/1/2022 x 500 Ocean Café 510 E Ocean Ave #107, Boynton Beach, FL 33435 9/7/2022 x E&C's Beauty Salon 500 Suite 102 E Ocean Ave, Boynton Beach FL 33435 9/7/2022 x Nicholson Muir Meats 480 E Ocean Ave, Boynton Beach, FL 33435 7/27/2022 x The Blossom Shoppe 402 E Ocean Ave Boynton Beach FL 33435 7/27/2022 x Benchmark Painting 432 W Boynton Beach Blvd, Boynton Beach, FL 33435 6/17/2022 x AT&T 538 E Woolbright Rd #205, Boynton Beach, FL 33435 6/14/2022 Eye & Ear 514 E Woolbright Rd, Boynton Beach, FL 33435 6/14/2022 Billable Hours Charter Marina, Boynton Beach FL 33435 6/6/2022 Slouvaki Fast 305 E Woolbright Rd, Boynton Beach, FL 33435 4/22/2022 Tsunami Subs 309 E Woolbright Rd, Boynton Beach, FL 33435 4/22/2022 JMM Services 640 E Ocean Ave #15, Boynton Beach FL, 33435 3/25/2022 x Shearology 100 NE 6th St #103, Boynton Beach, FL 33435 3/15/2022 Pro Day Fitness 1550 N Federal Hwy, Boynton Beach, FL 33435 2/21/2022 Your CBD Store 1600 N Federal Hwy #9, Boynton Beach, FL 33435 2/21/2022 x Allstate Insurance Company 1260 S. Federal Highway, #102 1/20/2022 Aubrey K. Ewing, PH.D. & Associates, P.A.1230 S. Federal Highway 1/20/2022 Bravo Security School, LLC 400 S. Federal Highway, Ste. 412 1/20/2022 308 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP Complete Home Care Registry, Inc. 1210 S. Federal Highway, Ste. 202 1/20/2022 Crystal Grams 400 S. Federal Highway, Ste. 389 1/20/2022 Exit Realty Partners 639 E. Ocean Avenue, Ste 109 1/20/2022 Funding Unlimited Group, LLC.1260 S. Federal Highway, #202 1/20/2022 Hospital Without Walls 1200 S. Federal Highway, Unit 301 1/20/2022 Joseph C. Gretzula D.O., F.A.A.D.100 N.E. 6th Street, Ste. 104 1/20/2022 Mark Januschewski P.A. 639 E. Ocean Avenue, Unit 402 1/20/2022 Morris Wealth Advisory Group 1260 S. Federal Highway, Unit. 201 1/20/2022 Pathways To Prosperity 639 E. Ocean Avenue, Unit 101 1/20/2022 Taylor, Gratton & Beaumont, LLC 1260 S. Federal Highway, #101 1/20/2022 The Hair Garden, Inc. 1100 S. Federal Highway, Ste. 8 1/20/2022 Thomas Corwell, LMHC, LMFT, Cht 1200 S. Federal Highway, Unit 301 1/20/2022 Tuttle Isdith Architecture 1100 S. Federal Highway, Ste. 2 1/20/2022 Veraco 639 E. Ocean Avenue, Ste 305 1/20/2022 Wiiliam Manikas 639 E. Ocean Avenue, Ste 307 1/20/2022 Studio Glo Salon & Spa 413 S Federal Hwy, Boynton Beach, FL 33435 11/30/2021 x Crown Wine & Spirits 532 E Woolbright Rd, Boynton Beach FL 33435 10/22/2021 Sol Oasis 408 East Ocean Ave Unit 2, Boynton Beach, FL 33435 10/22/2021 The Mortgage Firm 319 E Woolbright Rd, Boynton Beach FL 33435 9/30/2021 x Deck & Drive 605 NE 3rd St, Boynton Beach, FL 33435 6/30/2021 x Le Petit Pain 410 E Boynton Beach Blvd, Boynton Beach, FL 33435 6/30/2021 x Boca Babes 100 NE 6th St, Boynton Beach, FL 33435 6/17/2021 x Boynton Diner 500 E Woolbright Rd, Boynton Beach, FL 33435 6/17/2021 The Qure Barber 454 N Federal Hwy, Boynton Beach, FL 33435 6/17/2021 x Boulevard Paints 618 E Ocean Ave, Boynton Beach, FL 33435 6/14/2021 Original Barber 404 E Ocean Ave, Boynton Beach, FL 33435 6/14/2021 Posh Properties 100 S Federal Hwy, Boynton Beach, FL 33435 6/14/2021 x DIY 524 E Woolbright Rd, Boynton Beach, FL 33435 6/2/2021 Fancy Nails 564 E Woolbright Rd, Boynton Beach, FL 33435 6/2/2021 Pet Supermarket 570 E Woolbright Rd, Boynton Beach FL 33435 6/2/2021 Pure Barre 522 E Woolbright Rd, Boynton Beach, FL 33435 6/2/2021 Sage Dental 556 E Woolbright Rd, Boynton Beach, FL 33435 6/2/2021 Colonial Vet 2235 N Federal Hwy, Boynton Beach, FL 33435 3/18/2021 x 309 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP Inlet Inn Motel 1900 N Federal Hwy. Boynton Beach FL, 33435 3/18/2021 New Inspiration Beauty Salon Inc.1896 N Federal Hwy. Boynton Beach FL, 33435 3/18/2021 Powerhouse Financial, LLC 200 Knuth Rd., Ste 236, Boynton Beach FL, 33435 3/18/2021 Shell Gateway 2360 N Federal Hwy. Boynton Beach FL, 33435 3/18/2021 The Source 561 Multimedia 1848 N Federal Hwy. Boynton Beach FL, 33435 3/18/2021 Caribbean Meat Market 530 Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 Chez Elda 544-4 E Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 E&M Fashion Sultry, Inc.2420 NE 2nd Ct Boynton Beach FL, 33435 3/11/2021 Fortune Hair & Accessories E Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 KWIK Stop 524 E Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 Planet the Barber 544-6 East Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 S&S Stop & Shop 566 E Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 Mak Lash & Beauty 618 E Ocean Ave, Boynton Beach, FL 33435 2/9/2021 Catholic Charities/State of Florida Department of Health212 E Boynton Beach Blvd Boynton Beach FL, 33435 2/5/2021 Chevron 217 N Federal Hwy, Boynton Beach, Fl 33435 2/5/2021 CVS 301 N Federal Hwy, Boynton Beach, Fl 33435 2/5/2021 DJ's Grill 301 E Boynton Beach Blvd, Boynton Beach, FL 33435 2/5/2021 DM Traffic School 409 E Boynton Beach Blvd, Boynton Beach, FL 33435 2/5/2021 Express Food Beverage 103 Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 First Baptist Boynton 301 N Seacrest Blvd. Boynton Beach FL, 33435 2/5/2021 Insurance World 407 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 Main Street Car Wash 201 E Boynton Beach Blvd, Boynton Beach, FL 33435 2/5/2021 Manbo Vivi/St. Jacques Botanica 109 E Boynton Beach Blvd. Ste. K Boynton Beach FL, 33435 2/5/2021 Meineke 319 E Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 My Future, Inc.213 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 One Plant 202 E Boynton Beach Blvd, Boynton Beavh, FL 33435 2/5/2021 Oriental Asclepius, Inc. 209 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 Randall L. Ebling, D.C, P.A.209 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 Superb Signs & Stamps 301 NW 1st Street Boynton Beach FL, 33435 2/5/2021 Ti Manmi's Kitchen 306 E Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 Vapor Rocket 416 E Boynton Beavh Blvd, Boynton Beach, FL 33435 2/5/2021 Sea Mist 700 Casa Loma Blvd, Boynton Beach, FL 33435 2/1/2021 x AAA Mobile Auto Repair 302 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 310 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP Canna Wellness Center 432 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 Gator Agent 444 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 Imperial Insurance 322 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 LCS Master Construction 322 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 Lighthouse Academy & Child Center 202 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 Local Services 140 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 Premier Medical Center 326 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 The Inn 480 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 The Club at Boynton Beach 623 S Federal Hwy, Boynton Beach FL, 33435 12/8/2020 Air-tight LLC 1300 W Industial Ave #103, Boynton Beach, FL, 33435 11/6/2020 Alenac Aluminum & Glass 1300 W Industrial Ave #104, Boynton Beach FL, 33435 11/6/2020 All Makes Motorcycle Shop 1370 W Industrial Ave #119, Boynton Beach FL, 33435 11/6/2020 Aluminum Glass & Door Inc 1300 W Industrial Ave #102, Boynton Beach FL, 33435 11/6/2020 Anzo Headquarters 1300 W Industrial Ave #105, Boynton Beach FL, 33435 11/6/2020 Blue Stone Marble & Granite 1370 W Industrial Ave #114, Boynton Beach FL, 33435 11/6/2020 Bob Irsay Irrigation Design 1370 W Industial Ave #106, Boynton Beach FL, 33435 11/6/2020 Home Racer 1300 W Industrial Ave #108, Boynton Beach FL, 33435 11/6/2020 HW Studio 1370 W Industrial Ave #108, Boynton Beach FL, 33435 11/6/2020 MOVE Fitness 1330 W Industrial Ave #102, Boynton Beach FL, 33435 11/6/2020 Palm Beach Dyno 1330 W Industrial Ave #101, Boynton Beach FL, 33435 11/6/2020 RareFab 1330 W Industrial Ave #105, Boynton Beach FL, 33435 11/6/2020 The Furniture Farm 1370 W Industrial Ave #114, Boynton Beach FL, 33435 11/6/2020 The Owen Group 1300 W Industrial Ave #101, Boynton Beach FL, 33435 11/6/2020 Total Power Electric 1330 W Industrial Ave #107, Boynotn Beach FL, 33435 11/6/2020 Watson Upholstery 1370 W Industial Ave #104, Boynton Beach, FL 33435 11/6/2020 Starbucks Coffee 1620 S Federal Hwy Suite A, Boynton Beach FL, 33435 11/5/2020 Orci Counseling Center 1080 S Federal Hwy, Boynton Beach FL, 33435 11/4/2020 x AA Alpine Storage 860 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 Clean Air Experts 1040 W Industrial Ave #1, Boynton Beach, FL 33435 11/2/2020 Cosmos Muffler House 1240 W Industrial Ave #1, Boynton Beach, FL 33435 11/2/2020 Euro Auto Service 1220 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 Ocean Architechtural Sheet Metal 870 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 Ocean Outboards Inc. 1240 W Industrial Ave #7, Boynton Beach, FL 33435 11/2/2020 311 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP Southern Pine Lumber 1100 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 The Paving Lady 1000 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 Vermeer Southeast 1060 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 Vincent & Sons Landscaping 1040 W Industrial Ave #3, Boynton Beach, FL 33435 11/2/2020 Xtreme Performance Marine 1040 W Industrial Ave #8, Boynton Beach, FL 33435 11/2/2020 Apex Network Therapy 906 S Federal Hwy Suite B, Boynton Beach FL, 33435 10/19/2020 x Expert Closet & Door 632 E Ocean Ave, Boynton Beach FL 33435 9/20/2020 Chinatown Chinese 534 E Woolbright Rd, Boynton Beach, FL 33435 9/16/2020 Oyer, Macovik, and Associates 511 E Ocean Ave, Boynton Beach, FL 33435 9/10/2020 Reed, Griffith & Moran 630 E Ocean Ave, Boynton Beach, FL 33435 9/10/2020 Shack by the Tracks 1017 N Federal Hwy, Boynton Beach, FL 33435 8/28/2020 Chiropractor 112 S Federal Hwy, Boynton Beach, FL 33435 8/16/2020 Tropical Troy's 640 E Ocean Ave Unit 6, Boynton Beach, FL 33435 8/15/2020 Underwater Explorers 728 Casa Loma Blvd, Boynton Beach, FL 33435 8/7/2020 x Bond & Smolder Bakery 1622 S Federal Hwy, Boynton Beach, FL 33435 7/24/2020 Flora Beauty Supply 1600 N Federal Hwy, Boynton Beach FL 33435 7/2/2020 x Prime Catch 700 E Woolbright Rd, Boynton Beach, FL 33435 7/2/2020 Stretch Zone 311 E Woolbright Rd, Boynton Beach, FL 33435 7/2/2020 Inlet Inn Motel 1900 N Federal Hwy, Boynton Beach, FL 33435 6/1/2020 x Ridgeway Plumbing 640 Industrial Ave. Boynton Beach FL 33435 10/19/2019 x Terre Noire Properties 100 NE 6th St, Boynton Beach, FL 33435 9/5/2019 x Sushi Simon 1614 S Federal Hwy, Boynton Beach, FL 33435 6/2/2019 Florida Native Bait & Tackle 1824 Federal Hwy, Boynton Beach FL 33435 5/28/2019 JCS Realty Corperation 802 N Federal Hwy Boynton Beach FL 33435 5/28/2019 x The Kings Learning Center 101 NE 5th Ave, Boynton Beach, FL 33435 4/28/2019 x Boynton Beach Stretch 311 E Woolbright Rd, Boynton Beach, FL 33435 1/10/2019 Boynton Beach Art District W Industrial Ave, Boynton Beach FL 33435 12/10/2018 Bank of America 574 E Woolbright Rd, Boynton Beach FL 33435 11/27/2018 Easy Pedestal 817 N Railroad Ave Boynton Beach FL 33435 10/1/2018 Tropical Island Restaurant 400 E Boynton Beach Blvd, Boynton Beach, FL 33435 8/23/2018 Crystal Garden 2610 N Federal Hwy, Boynton Beach, FL 33435 8/13/2018 Podiatry 112 S Federal Hwy, Boynton Beach, FL 33435 8/6/2018 Travel Agent 112 S Federal Hwy, Boynton Beach, FL 33435 8/6/2018 312 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP Cooperative Real Estate 420 W Boynton Beach Blvd, Suite 15 Boynton Beach FL 33435 7/24/2018 x Healing Hearts 222 W Boynton Beach Blvd, Boynton Beach, FL 33435 7/23/2018 x Miller Land Planning 508 E Boynton Beach Blvd, Boynton Beach FL 33435 7/20/2018 x Allstate 622 N Federal Hwy, Boynton Beach, FL 33435 5/4/2018 Woolbright Petroleum LLC Liberty 1601 S Federal Hwy, Boynton Beach, FL 33435 1/15/2018 x 313 Attachment II One-on-one Social Media Assistance The BBCRA SMOP program continued one-on-one assistance for local businesses. In combination with the BBCRA Marketing Grant Program, our businesses have been seeing huge success! Example 1: Starfish Scuba SMOP assisted in publishing his first Facebook and Instagram Ads. 314 Capitalizing on a recent uptick in interest, Starfish Scuba will leverage custom tracking links within their social media campaigns to accurately measure and report acquisition metrics. Example 2: ArtSea Living Studio SMOP assisted in brainstorming for website redesign. To complement their move, Artsea Living upgraded their website with online booking and shopping features, resulting in a notable increase in out-of-town sales. 315 The BBCRA SMOP program continued a program focused on creating reels for our local businesses to highlight and spread awareness about new and existing businesses in the BBCRA Area. This has proven to be extremely successful with peak engagement on video content for this quarter. The Crown Spa & Skin Experts 316 Beach House Gift Boutique 317 ROK Prime Korean BBQ 318 Attachment III Boynton Beach Insider Blog Posts October 2025 through December 2025 The Crystal Garden: Boynton Beach’s Spiritual Destination 10/1/25 Step into The Crystal Garden, a vibrant oasis for the mind, body, and spirit nestled in eastern Boynton Beach. Since 1988, founder Margaret Ann Lembo has warmly welcomed visitors to this enchanting space that blends a bookstore, gift shop, and spiritual center all in one. Explore four sparkling showrooms filled with crystals, gemstones, aromatherapy, books, and meaningful gifts—all beautifully gift-wrapped, complimentary with every purchase. Discover over 60 hand-blended aromatherapy creations, including the internationally loved, award-winning Smudge in Spray, now sold worldwide. Whether you're seeking tools for personal growth, attending a transformational workshop, or simply browsing for a one-of-a-kind treasure, The Crystal Garden is your go-to destination for love, light, and soulful connection. Visit them today at 2610 North Federal Highway, Boynton Beach, FL 33435. Mediterranean Flavor on the Go: Souvlaki Fast Boynton Beach 10/1/25 If you are craving a quick and tasty bite from the Mediterranean, look no further than Souvlaki Fast – your go to spot in eastern Boynton Beach. Located within One Boynton Plaza, 305 East Woolbright Road, this fast casual restaurant serves the flavor without the wait. This local staple specializes in Greek street food favorites like grilled chicken and pork souvlaki, gyros, rice bowls and fresh salads. Every dish is made to order and prepared with the freshest ingredients. Their menu caters to a variety of diets, with vegetarian options, lean protein choices, and low-carb bowls. The best thing is the signature homemade tzatziki, a creamy, tangy sauce that pairs perfectly with everything on the menu. Whether you're dining in or picking up a quick takeout order, the atmosphere is welcoming, and the service is consistently fast and friendly. Generous portions and reliable quality make this a local favorite for lunch or dinner. 319 Looking for fresh, healthy, and satisfying Mediterranean food in Boynton Beach? Souvlaki Fast hits all the marks! Visit souvlakifastfl.com to view their menu or place an online order. For updates and promotions, follow their Boynton Beach Facebook page. Loveli Tea Is Coming to Boynton Beach – Your New Favorite Tea Spot 10/1/25 Exciting news Boynton Beach! Loveli Tea, a beloved local tea shop previously based in Delray Beach, has officially relocated to our beautiful city. Now located at 306 E. Boynton Beach Boulevard, this spot will quickly turn into your go- to stop for high-quality, freshly brewed tea, perfect for a midday pick-me-up, weekend treat, or post-beach sip. Known for their signature boba tea, fruit teas, and premium brewed blends, Loveli Tea has built a loyal following who can’t get enough of their creative flavors, aesthetic presentation, and commitment to quality. Every drink is made fresh to order with real ingredients—no shortcuts, just great taste! As this family-owned business settles into its new location, you can expect a trendy, welcoming space to pair with their top-tier customer service. Whether you're a seasoned bubble tea fan or just exploring the world of boba, Loveli Tea offers something for every taste. Follow their journey on Instagram at @loveli_tea_boynton for updates on their store, exclusive deals, and community events. Experience the Art of Tailoring at Venasky Tailor 10/1/25 Boynton Beach locals now have a new go-to destination for expert tailoring and garment care — Venasky Tailor Experience, located at 312 East Boynton Beach Blvd, Ste 5. Known for its exceptional craftsmanship, personalized service, and eye for detail, Venasky Tailor is quickly earning praise from customers who appreciate quality work and quick turnarounds. At the heart of Venasky Tailor is a team of skilled artisans led by Jean, who brings both precision and creativity to every piece. More than just tailors, they are fashion collaborators who listen closely, consult thoughtfully, and tailor garments that reflect each client’s unique style and story. What You Can Expect at Venasky Tailor: • Precision Alterations – From hemming and tapering to zipper replacements and jacket resizing. • Custom Clothing & Bespoke Designs – Garments crafted to your exact specifications. 320 • Fashion Consultations – Expert advice to help you elevate your wardrobe. • Wash & Fold Services – Convenient laundry care with a professional touch. Whether it’s preparing for a special event, refreshing seasonal wardrobe staples, or creating a one-of-a-kind outfit, Venasky Tailor ensures every garment is flawlessly finished. Their growing reputation is built on friendly service, exceptional quality, and a genuine passion for helping people look and feel their best. It's no wonder they’re becoming a trusted name in Boynton Beach for all things tailoring. Stop by or give them a call at to experience tailoring that goes beyond expectations. Venasky Tailor Experience 312 E Boynton Beach Blvd, Ste. 5 (754) 226-6591 Shop Local This Thanksgiving in Boynton Beach 11/1/25 The Thanksgiving holiday is all about gratitude, good food, and gathering with the people who matter most. This year, celebrate the season by supporting the amazing local businesses that make Boynton Beach such a wonderful place to call home. From handcrafted pies and fresh flowers to locally sourced turkey and full-service catering — everything you need for a memorable Thanksgiving is right here in our community. Pies, Cakes & Sweet Treats Bond Street Ale & Coffee – A Boynton favorite for baked goods, Bond Street’s handmade pies are a Thanksgiving must-have. Preorder your favorites before they sell out. The Seed Bakery – From pumpkin pies to decadent cakes, The Seed’s artisan baked goods bring that warm, homemade touch to your holiday spread. Scheurer’s Chocolate – Treat your guests (or yourself) to handcrafted chocolates and confections. Their gift boxes make perfect hostess gifts. Armenia Bakery & Deli – Pick up European-style pastries, fresh breads, and specialty grocery items that will make your Thanksgiving table stand out. Their baked goods and gourmet items also make thoughtful gifts. Fresh Turkeys, Sides & Catering Options The Butcher and The Bar – Preorder your locally sourced fresh turkey and delicious sides, or enjoy their Thanksgiving dine-in experience for a no-stress holiday meal. Nicholson Muir Meats – Michelin-recommended and locally renowned, Nicholson Muir offers top-quality meats, chef-prepared sides, and Thanksgiving dine-in service. 321 Josie’s Restaurant – Hosting Thanksgiving this year? Josie’s makes it easy with full-service catering featuring homemade Italian classics and traditional holiday favorites. Café Frankie’s – Enjoy authentic Italian flavors at home with Café Frankie’s catering, perfect for families who want a flavorful, chef-prepared Thanksgiving meal without lifting a finger. Seasonal Décor & Floral Touches The Blossom Shoppe – Add warmth and color to your Thanksgiving table with a fresh floral arrangement or centerpiece. Their seasonal blooms bring the spirit of the holiday to life. Dine Out by the Water For those who prefer to celebrate without the cleanup, make your reservations at: • Banana Boat – Enjoy a festive holiday meal with beautiful Intracoastal views and a relaxed, tropical atmosphere. • Prime Catch – Indulge in a special Thanksgiving menu featuring fresh seafood and traditional favorites — all served with stunning waterfront views. Give Thanks by Giving Back — Shop Local Every pie you purchase, bouquet you order, and reservation you make locally helps support Boynton Beach’s small businesses. Shopping local keeps our community vibrant, our neighbors thriving, and our holidays full of heart. From our local merchants to your family — Happy Thanksgiving, Boynton Beach! The Weather Is Here — Dock and Dine in Boynton Beach! 11/1/25 The sun is shining, the breeze is warm, and the weather is here — which means it’s the perfect time to dock and dine in Boynton Beach! Whether you’re setting out for a weekend cruise or planning a laid-back lunch on the water, Boynton Beach offers some of the best waterfront dining experiences in South Florida. From casual tiki-style spots to upscale seafood dining, these Boynton Beach waterfront restaurants are ready to welcome boaters and food lovers alike. Top Places to Dock and Dine in Boynton Beach 322 Two Georges Waterfront Grille A true local landmark, Two Georges has been serving up fun, food, and Intracoastal views for more than 60 years. Under the signature thatched roof, you’ll find locals and visitors enjoying fresh seafood, tropical cocktails, and that perfect “Keys-style” vibe. It’s the kind of place where time slows down and the ocean breeze does the rest. Check out the menu: www.twogeorgesrestaurant.com Banana Boat If you’re looking for an authentic Florida experience, Banana Boat is the place to be. With 250 feet of dockage, this family-owned favorite invites you to pull up by boat, sip a cold drink, and enjoy live music while dining al-fresco on the Intracoastal. The space offers a tropical-modern twist — and don’t miss their Mixed Seafood Bake for the ultimate coastal indulgence. View the menu: www.bananaboatboynton.com Prime Catch For those who love a touch of elegance with their ocean breeze, Prime Catch offers elevated waterfront dining with the freshest seafood around. Recognized as one of America’s Top 100 Al Fresco Restaurants, it’s perfect for date nights, celebrations, or simply savoring the view. Explore the menu: primecatchboynton.com Dock & Dine Tips Follow all boating and docking regulations. Docking is free but first-come, first-served at these restaurants. Make a reservation if you want that perfect waterfront table. Bring a cooler for leftovers — you’ll definitely want to take some home! No Boat? No Problem! You can still enjoy Boynton Beach’s dock and dine scene! Rent a boat or jet ski from one of our local watercraft rental companies located at the Boynton Harbor Marina or hop aboard the Tiki Taxi for a fun, scenic ride along the Intracoastal. The Weather Is Here — Come Taste Boynton Beach 323 With endless sunshine, beautiful waterways, and incredible coastal cuisine, the weather is here — and so is your next great meal by the water. Whether you’re cruising in or dining dockside, Boynton Beach is the perfect place to relax, reconnect, and savor the season. Get Your Car Holiday Ready While Supporting Local Boynton Beach Businesses 11/1/25 The holiday season is here, and for many of us, that means hitting the road to visit family, friends, and local attractions. Before you pack up the car and head out, it’s a great idea to make sure your vehicle is in top shape. But instead of heading to a big national chain, consider stopping by one of the many trusted local businesses in Boynton Beach. Not only will your car get the care it needs, but you’ll also be supporting the local community. Why Supporting Local Matters When you choose a local auto shop or car wash, you’re doing more than just getting a service— you’re investing in your neighbors and the local economy. Local businesses create jobs, contribute to the community, and often provide more personalized and attentive service than large chains. The holidays are a perfect time to show that support while making sure your car is ready for safe and smooth travel. Local Boynton Beach Spots to Check Out 1. Easy Pay Tire Store Known for reliable tire service and general maintenance, their location in Boynton Beach provides professional care for drivers heading out for the holidays. Their experienced technicians can help ensure your car is safe on long trips. Address: 619 N. Federal Hwy., Boynton Beach, FL 33435 Phone Number: (561) 732-2696 2. Meineke Car Care Center Meineke has long been a trusted name for brake service, oil changes, and routine vehicle maintenance. Boynton Beach locals appreciate their friendly staff and thorough service, perfect for a pre-holiday tune-up. 324 Address: 319 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Phone Number: (561) 600-0767 3. Main Street Car Wash A clean car always feels ready for the road. Main Street Car Wash offers comprehensive wash and detailing services to make your vehicle sparkle inside and out—ideal for holiday travel photos or just enjoying a polished ride. Address: 201 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Phone Number: (561) 734-7608 4. Neal’s Autohaus This local favorite provides everything from routine maintenance to more specialized care. Neal’s Autohaus is known for their attention to detail and commitment to customer satisfaction. Address: 902 N. Federal Hwy., Boynton Beach, FL 33435 Phone Number: (561) 737-6480 5. East Coast Auto Service Located along Industrial Avenue, East Coast Auto Service provides quality repairs and routine maintenance, from oil changes to brake checks. Supporting a local shop like this helps keep small businesses thriving. Address: 611 Industrial Ave., Boynton Beach, FL 33426 Phone Number: (561) 740-1020 6. Euro Auto Service Specializing in European vehicles, Euro Auto Service is perfect for premium car owners looking for reliable and expert care. They offer diagnostics, inspections, and maintenance, all with a local touch. Address: 1220 W. Industrial Ave. Suites # 1 & 2, Boynton Beach, FL 33426 Phone Number: (561) 737-1272 7. Lazo’s Auto Repair This friendly neighborhood shop is great for regular check-ups and basic maintenance. Their personal approach makes car care less stressful and more reassuring—perfect for holiday prep. Address: 633 Industrial Ave, Boynton Beach, FL 33426 Phone Number: (561) 350-1956 325 Drive with Confidence Whether it’s a routine check-up, fresh tires, or a sparkling clean interior, your car deserves attention before the holidays. By choosing local Boynton Beach businesses, you’re not only taking care of your vehicle—you’re supporting the people who make your community vibrant. So this season, instead of a big chain, consider stopping by one of these trusted local shops. Your car will be ready for the road, and your community will thank you. Make the Season Bright: Support Local Businesses in Boynton Beach 12/1/25 The holiday season is officially here, bringing with it the joy of giving, gathering, and supporting the community we call home. This year, make your celebrations even more meaningful by choosing to spend locally in Boynton Beach. From pampering services to unique gifts and unforgettable experiences, our city is filled with incredible businesses ready to make your holidays brighter. Pamper Yourself & Those You Love Treat yourself or someone special to a relaxing holiday refresh at one of Boynton Beach’s talented beauty and wellness professionals. Whether it's a festive new hairstyle, a rejuvenating spa treatment, or a well-earned self-care session, our local salons and spas have you covered. Salons, Spas & Barber Shops: • Alchemy Salon – Trendy styles and expert color. • Beauty and the Brow – Perfect for brow shaping and beauty services. • E&C Beauty Salon Experience – Personalized cuts, color, and care. • Salon South Flow – A welcoming salon for stylish transformations. Barber Shops: • Qure Barber Studio – Precision cuts and classic styles with a modern edge. • Sir Cutz – Friendly, professional barbers creating sharp, tailored looks. • Urban Fadez – Specializes in fades, creative designs, and personalized grooming experiences. 326 • ManCave for Men – A luxury grooming experience for the gentlemen. • Nail Salons: • Tipsy Nails – Fun, relaxed atmosphere with creative nail designs and seasonal specials. • Nails & Co – Meticulous manicures, pedicures, and long-lasting polish. • Penn Nails – Classic and trendy nail services with attention to detail and pampering. Wellness from Head to Toe For relaxation, rejuvenation, and overall wellness, consider gifting services from these local med spas and fitness studios. It’s the perfect way to help loved ones start the new year feeling energized and supported. Med Spas • Beauty Within – Med spa treatments to refresh and rejuvenate. • Dimensional Health Care – Med spa offering advanced skin treatments and pampering services. • The Crown – Luxurious skin treatments, facials, and pampering services for a refreshed, radiant glow. Fitness & Health Clubs • Trilogy Fitness – Strength, conditioning, and community-focused workouts. • Zoo Health Club – Full-service gym with programs for every fitness level. • Pure Barre – Low-impact, high-results barre workouts. • Stretch Zone – Assisted stretching to improve mobility, flexibility, and reduce stress. Shop Thoughtfully at Local Boutiques If you're on the hunt for a meaningful holiday gift, explore Boynton Beach’s charming locally owned boutiques that offer unique finds you won’t see at big-box stores: • Art Sea Living Boutique – Handmade art, coastal décor, and creative gifts. • Beach House Boutique – Stylish, beach-inspired apparel and accessories. • Ocean Avenue Timeless Treasures – Vintage gems and unique collectibles. • Scheurer’s Chocolate – Handcrafted chocolates and sweet treats perfect for gifting. These shops offer the perfect presents for friends, colleagues, and family—or a little something special for yourself. 327 Give the Gift of Experience at the Boynton Harbor Marina For a truly memorable holiday gift, look no further than the exciting experiences right at the Boynton Harbor Marina. Whether you're planning a family outing or gifting an adventure, the marina’s local businesses offer something for everyone: • Pleasure cruises to soak in the scenic Intracoastal. • Jet-ski adventures for thrill-seekers. • Boat rentals for a day on the water. • Fishing charters for anglers of all ages. • Scuba diving adventures for unforgettable adventures. • Waterfront dining with unbeatable views. These one-of-a-kind experiences create lasting memories—making them some of the best gifts you can give. Support Local. Celebrate Local. Love Local. Every dollar spent locally strengthens Boynton Beach—supporting small businesses, creating jobs, and reinforcing what makes our community so special. This holiday season, let’s celebrate the spirit of giving close to home. 328 Attachment IV BBCRA Social Media Top Business Promotional Posts (10/1/25—12/31/25) 329 330 331 332 Overall Facebook and Instagram views, reach and interactions trended downward this quarter, while views and watch times trended upward. Instagram and Facebook both gained fewer followers this quarter compared to last quarter 333 BBCRA Social Media Posts (10/1/25 – 12/31/25) The following is a list of all BBCRA social media posts for the 1st Quarter. The BBCRA social media posts consist of a variety of BBCRA projects and programs, original content with information about BBCRA businesses, and shared posts from BBCRA businesses. In general, additional paid boosts or advertisement are used to highlight a special campaign or event in order to reach a broader audience. As a result, these promotions brings a higher number engagement. An alternative to paying for the paid advertisement is to vary the content of the post by using videos, trivia, contests, etc. in addition to the still photos or images. This quarter's social media data indicates: • Reels featuring business and plaza spotlights performed best again this quarter • Our audience engaged most with “New Business Alerts” featuring newly opened businesses in the BBCRA District. • Posts featuring restaurants out performed most other business posts. 334 Post Content Date Reach Engagement 335 Post Content Date Reach Engagement 336 Post Content Date Reach Engagement 337 Post Content Date Reach Engagement 338 Post Content Date Reach Engagement 339 Post Content Date Reach Engagement 340 Post Content Date Reach Engagement 341 Post Content Date Reach Engagement 342 Attachment V BBCRA Facebook 25/26 1st Quarter Compared to the Previous Year The graph below shows views and link clicks for the past 3 quarters. It shows a large increase The graph below shows a increase in number of followers over the course of the year. 343 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 INFORMATION ONLY AGENDA ITEM 8.F SUBJECT: Bond Funding for Property Acquisition SUMMARY: The Executive Director is recommending that the CRA Board approve a loan/bond in the amount of Thirty Million Dollars ($30,000,000) for the purpose of initiating the long-range redevelopment strategy described in this agenda item (see Attachment I). Executive Director Summary: The most efficient way for a CRA to earn TIF is to purchase properties, create a sufficiently- sized redevelopment site, decide on general redevelopment concepts for the redevelopment site, issue a Request for Proposals or Invitation to Negotiate, and then select a qualified real estate development firm to incorporate the approved concepts into a redevelopment project. This plan is referred to in this summary as the Strategy. The two primary advantages of having a CRA aggregate properties for redevelopment are: 1) the CRA can dictate quality, uses, and style of architecture of the projects, and can account for other important factors, including the effect of the development on existing neighboring homeowners; and 2) CRA control of the property preempts developers or investors from utilizing the “Live Local” option that bypasses much of the regulation that the City imposes on property. The Executive Director suggests investigating the purchase of the ten project sites described in this agenda item. The proposed project sites include a mix of small, medium, large, and historically important projects and project sites. After the CRA sells the consolidated properties, the new real estate development will take time to generate TIF because the developer must design and permit its own detailed concepts, retain the services of a general contractor to construct the project, and undertake its marketing program to lease or sell space in the building. The first wave of TIF is often received approximately three years after the purchase of the property, and the second wave of TIF arrives after the developer completes the leasable space housed within the new buildings. Given the delay in receiving TIF, it is important that the CRA move quickly to generate TIF opportunities rather than waiting. To test the effectiveness of the Strategy, a cash flow statement has been prepared, which 344 •Attachment I - Cover Letter to BBCRA Board for 2026 Bond Issue describes revenue, expenditures, bank loans and debt service. The cash flow analysis in the financial model tested the CRA’s bond capacity, assuming proper debt service coverages and the actual agency’s capacity. The test indicated the Strategy is viable for a loan of up to $50,000,000; however, the Executive Director proposes to test the Strategy by starting with the smaller amount of $30,000,000 and then evaluate the progress year by year. The result of this analysis shows that if the CRA were to undertake the Strategy with a $30,000,000 loan, the CRA could double its current revenue ($26,000,000 in FY 2025-26) within ten years, to a level of over $50,000,000. Furthermore, the Strategy supported by the cash flow statement would provide a much-needed cash reserve for land acquisitions. The Executive Director notes that it is important to generate more TIF to pull the CRA out of its current position of having insufficient funds to purchase properties. Although this agenda item is for discussion purposes only, the intent is for the item to return on the March agenda for approval of a bank loan in the amount of $30,000,000. FISCAL IMPACT: To be determined based on Board direction. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan ATTACHMENTS: Description 345 Page 1 of 21 February 10, 2026 To: Boynton Beach CRA Board Members Rebecca Shelton, Board Chair Woodrow Hay, Board Vice Chair Thomas Turkin, Board Member Aimee Kelly Board Member Angela Cruz, Board Member From: Christopher Brown, BBCRA Executive Director Copy: Kathryn Rossmell, BBCRA Attorney RE: Long Range Plans for the Boynton Beach CRA including a Bond Issue for Land Acquisition Funding, Business Attraction Grant Funds and Infrastructure (Roadway) Funds The Boynton Beach Community Redevelopment Agency (BBCRA) needs to manage short term yearly planning and budgeting, but it also needs to look at a bigger vision that is at least eight to ten years in the future. The following is a description of the long-term strategy, which has embedded nine principles. It will also include actions for the Board to consider. PRINCIPALS OF THE LONG-RANGE STRATEGY 1. Principal Number One is that our BBCRA needs to earn more tax increment funds (TIF), produced by attracting commercial developers to build commercial projects on BBCRA owned lands. The most important way to earn TIF is to acquire property, clear the land, and attract highly qualifled developers to build more than residential rental properties, The BBCRA should also build commercial products, including quality retail, restaurants, grocery stores, hotels, and for-sale housing (single family, townhouses, and condominiums). The BBCRA is about to experience an increase in multi-family rental housing, over 2,000 units, but the neighborhood is underserved by retail. Being underserved by retail may have a negative effect on the new housing demand. 2. The Second Principal is that BBCRA should be focused on are four signiflcant areas of our TIF district: Boynton Beach Boulevard District, Cultural District, which has received an abundant amount of multi-family rental and has a signiflcant collection of quality cultural facilities, Federal Highway District and Downtown District, north of Boynton Beach Boulevard, whose appearance should be changed from a lack of character to an active attraction, and the East Martin Luther King 346 Page 2 of 21 Jr. Boulevard Corridor (E. MLK Jr. Blvd.), located within the Heart of Boynton District and its companion streets such as NE 9th Avenue. 3. The Third Principal of the long-range plan is to purchase and redevelop as much of the Intracoastal Waterway property as possible. Boynton needs to be known as a waterway city not just a city with three interchanges on Interstate 95. The BBCRA has recently been asked by the City of Boynton Beach to purchase a waterway site adjacent to Harvey E. Oyer Jr. Park, which is an example of following the waterway principle. We should look for more waterway properties including the large mangrove site, north of our Marina. In addition, the BBCRA should support and aid building restaurants and docks on waterway properties such as Harvey E. Oyer Jr. Park. 4. The Fourth Principal is that Ocean Avenue, the City’s original “Main Street” must be revived and become the restaurant-entertainment street of the city. We need to coax consumers driving west to shop and dine to also consider as they approach their western destination to say, “let’s go downtown this time and eat, walk, and shop along East Ocean Avenue.” Soon that phrase will also have the following words: “Lets enjoy the historic theatre at the Boynton Beach Arts & Cultural Center, the old high school. If our neighbor Delray Beach can have one of the most successful Main Streets in Florida, East Atlantic Avenue, we can have an equally successful district. 5. The Fifth Principal is that major roadways, such as Federal Highway, Boynton Beach Boulevard, East Ocean Avenue, Seacrest Boulevard, and E. MLK Jr. Blvd. (a culturally signiflcant street) must be beautified. Any resident, visitor, or tourist must enjoy entering the city and recognize the beauty of the city. ACTIONS OF THE LONG-RANGE STRATEGY The following actions are being offered by the Executive Director for the BBCRA Board to consider in developing a long range BBCRA strategy. 1. Action Number One is to acquire property in the districts described below. Once the BBCRA acquires a property, it generally should be demolished and prepared for presenting to the development community for purchase or lease. The following is a list of properties or areas to consider for acquisition. 2. Action Number Two is to commence updating the BBCRA Redevelopment Plan by Spring of 2026. Project #1 Boynton Inn Group – 480 W. Boynton Beach Boulevard & 13 Adjacent Parcels a. Boynton Inn, Boynton Beach Boulevard, $8,100,000 (2.11 acres), completed. b. 13 Parcel acquisition adjacent to the Boynton Inn, $7,250,000 (3.3 acres). c. 2-3 additional parcels to eliminate the “missing teeth” in the project site, $2,000,000 (.42 & .53 acres). d. Redevelopment Goal: commercial project including retail, office, hotel & residential/workforce housing for employees in the project. e. Future TIF generation: $1,710,000 annually plus 3% annual increases. f. Future other income: land lease at $850,000 annually plus 3% annual increases or sale of property for minimum of $15,000,000 (subject to appraisal). 347 Page 3 of 21 Project Examples Delray Beach – Sundy House Office and Retail 348 Page 4 of 21 Delray Beach – Sundy House Residential Courtyard 349 Page 5 of 21 Boca Raton – Mizner Park Townhomes on Mizner Blvd. Boca Raton – Mizner Park Townhomes on Mizner Blvd. 350 Page 6 of 21 Delray Beach – Sundy House Historic House – Office and Retail Delray Beach – Sundy House Historic House – Retail 351 Page 7 of 21 Project #2 USPS Group in 2 Phases – 209 & 217 N. Seacrest Boulevard a. USPS Phase 1 Group, Boynton Beach Boulevard at Seacrest Boulevard, $3,000,000 (1.195 acres) completed. b. 3 Parcel acquisition on NW 1st Avenue, south of vacant tract, 3 single family homes. Estimated cost of $2,250,000 (.6 acres and subject to appraisal). c. Redevelopment Goal: Hotel and commercial retail. d. Future TIF generation: $300,000 annually plus 3% annual increase. e. Future other Income: land lease at $350,000 annually plus 3% annual increases or sale of property for minimum of $6,000,000 (subject to appraisal). f. USPS Phase 2 Group, Boynton Beach Boulevard, 4 parcel acquisition, $5,500,000 (1.22 acres and subject to appraisal). g. Redevelopment goal: added to hotel site for small convention center hotel or additional retail, including new restaurant. h. Future TIF generation, $300,000 plus 3% annual increases. i. Other future sources of income: land lease at $275,000 annually plus 3% annual increases or sale of property for minimum of $5,000,000 (subject to appraisal). USPS Phase 1 Group 352 Page 8 of 21 USPS Phase 2 Group Project Example Pompano Beach – Hotel 353 Page 9 of 21 Project #3 W. Boynton Beach Boulevard North in 2 Groups a. Hasner Group – 433 W. Boynton Beach Boulevard $1,200,000 (.57 acres), completed. b. 1 Parcel acquisition on W. Boynton Beach Boulevard, 1 office. Estimated cost of $1,250,000 (.22 acres and subject to appraisal). c. Redevelopment Goal: Commercial office and retail. Possibility to move Capt. Frank’s Seafood Market to new larger location with better parking! d. Future TIF generation: $300,000 annually plus 3% annual increase. e. Future other Income: land lease at $300,000 annually plus 3% annual increases or sale of property for minimum of $6,000,000 (subject to appraisal). f. Gracey Group, 219 W. Boynton Beach Boulevard, 4 parcel acquisition, $2,185,000 (1.0564 acres) completed. g. 3 parcel acquisitions, $3,000,000 (.5 acres and subject to appraisal). h. Redevelopment goal: Office (fiex) complex and/or additional retail. i. Future TIF generation: $240,000 plus 3% annual increases. j. Future source of more income: land lease at $275,000 annually plus 3% annual increases or sale of property for minimum of $5,000,000 (subject to appraisal). Hasner Group 1 354 Page 10 of 21 Gracey Group 2 Project #4 Cultural District a. Magnuson House, 211 East Ocean Avenue, $850,000 (.32 acres), completed. b. 2 Parcel acquisition on East Ocean and NE 1st Street. Estimated cost of $5,000,000 (.96 acres and subject to appraisal). c. Redevelopment Goal: Commercial office, retail and parking garage. Use of land for moving historical homes to East Ocean Avenue for unique retail and restaurants. Parking to be in the rear of a city alley which would be rebuilt. d. Future TIF generation: $240,000 annually plus 3% annual increase. e. Future other Income: land lease at $300,000 annually plus 3% annual increases or sale of property for minimum of $5,000,000 (subject to appraisal). f. BBCRA assists with renovations of historic homes with grants for preservation. 355 Page 11 of 21 Project Example Bartow – Historic Building – Cigar Factory Food Hall 356 Page 12 of 21 Project #5 E. MLK Jr. Blvd. and NE 9th Avenue within the Heart of Boynton District a. E. MLK Jr. Blvd. and NE 9th Avenue, multiple parcels purchased over the last decade, $2,657,820 (3.87 acres), completed. b. Multiple property acquisitions on E. MLK Jr. Blvd. and NE 9th Avenue in various phases or future years, 5-7 years. Estimated cost of $20,000,000, (4.66 acres and subject to appraisal). c. Redevelopment Goal: Commercial office, retail and residential, which could be townhouses or 2-3 story multi-family. Parking to be in the rear of lots particularly when a public alley is available at the rear. Note that a street needs to be constructed, NE 2nd Street, to connect a vehicle and pedestrian walkway connecting E. MLK Jr. Blvd. and NE 9th Avenue. This will enable residents to easily walk to E. MLK Jr. Blvd. to access retail services. One acquisition would be the blighted one-story retail building on E. MLK Jr. Blvd., which would be repurposed for housing and ground fioor retail. d. Future TIF generation: $60,000 annually initially up to $275,000 over the seven-year period of acquisition and development plus 3% annual increases. e. Future other Income: Sale of land for minimum of $10,000,000 (subject to various appraisals). f. BBCRA will assist with renovations of ground fioor retail with grants for creating business opportunities for the residents and city entrepreneurs. 357 Page 13 of 21 358 Page 14 of 21 Project Examples Bartow – Historic Building – E. Main Corner Bartow – Historic Building – Cement Factory 359 Page 15 of 21 Bartow – Civic Center Bartow – Civic Center Park 360 Page 16 of 21 Project #6 Hall and Mauro Properties plus Other Smaller Adjacent Properties-417 N. Federal Highway The Hall and Mauro properties along with smaller adjacent parcels are strategically located just north of Boynton Beach Boulevard, fronting North Federal Highway, NE 4th Street (an internal access road) and NE 5th Avenue with the Florida East Coast (FEC) Railroad backing the west portion of the properties. a. The Hall property is listed for sale and contains 1.24 acres. The Mauro property is adjacent to the Hall property and contains .80 acres. The Mauro property is not for sale. The Mauro family recently met with BBCRA staff and expressed their interest in developing their property (refer to attached map for property locations) as well as acquiring the other adjacent properties. Their interest, as stated by Mr. Mauro, is to develop the site with commercial uses, including a grocery store. Mr. Mauro indicated that he would try to attract a Whole Foods Market. b. Given there is an interested investor (with property ownership within the potential development site) the BBCRA would not be a candidate to purchase properties within the site unless the Mauros decline to buy the other key parcels. The FDOT signaled left turn lane (on Federal Highway and NE 4th Avenue) is a signiflcant feature in attracting grocery stores. c. The redevelopment of this site is an important goal for the BBCRA. It provides the opportunity to build much needed, higher-end commercial retail. A popular grocery store (likely to contain between 13,500 to 25,000 square feet) located on this site, would make a signiflcant change to both North Federal Highway as well as the Downtown District. A popular trademark store would draw residents from 5-10 miles away. Parking could be located at the rear of project next to the FEC Railroad right-of-way. NE 4th Street would serve as a north-south access delivery roadway. d. To the south of the Hall/Mauro properties, the City owns 2 parcels of land. A lot with a cellphone tower (.52 acres) which could be used for public parking providing the maximum amount of parking for the project during peak seasons (July 4, Thanksgiving and Christmas periods). The other City owned parcel is Veterans Park (.59 acres). With City Commission approval, Veterans Park could be moved to another well-attended park on North Federal Highway, such as Intracoastal Park. The City properties would provide an additional 1.11 acres to the development site, increasing commercial/retail use. e. Conceptually, future TIF generation could range between $1,500,000 annually initially up to $2,500,000 over a flve-year period of acquisition and development. f. The BBCRA would assist with renovations of ground fioor retail with grants for creating business opportunities. 361 Page 17 of 21 Project Example Delray Beach – Whole Foods 362 Page 18 of 21 Project #7 SunTrust Bank Building – 315 S. Federal Highway a. The former SunTrust Bank building on South Federal Highway is potentially for sale, consisting of approximately 2+ acres. While Texas-based developer Hanover is acquiring a portion of the site for a 300+ unit multifamily rental project, the future of the remaining 2 acres of the parcel remains undecided. The site has been suggested for the City of Boynton Beach usage, however, the BBCRA currently lacks pricing data and a deflnitive plan. Project #8 First Financial Plaza Office Condominium Complex – 639 E. Ocean Avenue a. The First Financial Condominium building is four stories and situated between the Ocean One Project (a multi-family project consisting of 300+ units), and the Marina Village a condominium complex. The 35 current owners are attempting to flnd a buyer to purchase all the office condominiums (situated on .618 acres) and then resell the property to a developer. BBCRA staff has reviewed the site and feels that it is not suitable for another multi-family rental project but may be of interest to a waterfront condominium developer. The latter would need to build a flve- level podium of parking with ground fioor restaurants and retail facing both East Ocean Avenue and East Boynton Beach Boulevard. A tower elevation above the sixth fioor would ensure views of Boynton Beach's most iconic waterways and the active Boynton Harbor Marina. In addition, a private garage may be built to accommodate more customers for the restaurants in the area. There is no recommendation from the BBCRA staff except that we would be available to assist in flnding a condominium developer buyer for the current owners. 363 Page 19 of 21 Project #9 Harvey E. Oyer Jr. Park Expansion a. The BBCRA has participated in the expansion and enhancement of Harvey E. Oyer Jr. Park through an Interlocal Agreement with the City for the purchase of 670 Oak Street for $6,700,000 (1.24 acres). The property is adjacent to the park on the south side. The purpose of the acquisition is to expand the park and to include waterfront dining and added dockage. The expansion offers its residents and visitors additional views and access to the Intracoastal Waterway. With the expansion of the park the City of Boynton Beach could not only receive rent from a waterfront restaurant land lease but could also manage additional and much needed docks. b. Use of the property is at the discretion of the City of Boynton Beach, but the BBCRA suggests that a seafood restaurant be found on the site to activate the park and to attract more visitors to the waterfront. Additional parking will also be part of the park expansion. c. 364 Page 20 of 21 Project #10 Downtown Parking Garage a. The BBCRA and the City desire to build a multi-story public parking garage in the downtown core area to provide parking for customers, visitors and business owners. The BBCRA will undertake a location study to determine the optimum size, location, and cost of the garage. Garages can be visually off-putting, especially if they block views of key properties or are inconveniently located. Architectural style will be an important factor in the study. Below are samples of garages recently planned/constructed by other municipalities in which extra funds were expended to allow the garage to also be an artistic statement. Project Examples Proposed Garage for Pompano Beach 365 Page 21 of 21 Conceptual Garage Design for The Cove Shopping Center, Deerfield Beach 366 •Attachment I - December 2025 Financial Summary COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.A SUBJECT: CRA Financial Report Period Ending December 31, 2025 SUMMARY: CRA Financial Services staff is providing the CRA Board with the December 31, 2025 Report (Attachment I): Statement of Revenues; Expenditures and Changes in Fund Balance Report; and Budget Comparison Schedule - General Fund. FISCAL IMPACT: FY 2025-2026 Annual Budget CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY 2025-2026 CRA Budget CRA BOARD OPTIONS: Approve the CRA's monthly financial and budget reports for the period ending December 31, 2025. ATTACHMENTS: Description 367 General Fund Projects Fund Debt Service Fund Total Governmental Funds REVENUES Tax increment revenue 26,328,883 - - 26,328,883 Marina Rent & Fuel Sales 501,205 - - 501,205 Contributions and donations - - - - Interest and other income 32,843 250,882 1,323 285,048 Total revenues 26,862,931 250,882 1,323 27,115,136 EXPENDITURES General government 1,300,808 - - 1,300,808 Redevelopment projects - 8,394,777 - 8,394,777 Debt service:- Principal - - - - Interest and other charges - - - - Total expenditures 1,300,808 8,394,777 - 9,695,584 25,562,123 (8,143,895) 1,323 17,419,552 OTHER FINANCING SOURCES (USES) Funds Transfers in - - - - Funds Transfers out - - - - Total other financing sources (uses) - - - - Net change in fund balances 25,562,123 (8,143,895) 1,323 17,419,552 Fund balances - beginning of year 4,869,740 19,070,941 230,912 24,171,593 Fund balances - end of year 30,431,863 10,927,046 232,235 41,591,145 Footnote: Transfers between funds include monies received from TIF and carryover from general fund balance. Excess (deficiency) of revenues over expenditures BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Statement of Revenues, Expenditures and Changes in Fund Balances Through Year to Date - December 31, 2025 (A Component Unit of the City of Boynton Beach, Florida) The notes to the basic financial statements are an integral part of this statement. 1 368 Original Budget Final Budget Actual REVENUES Tax increment revenue 26,066,966$ -$ 26,328,883 Marina Rent & Fuel Sales 1,300,000 - 501,205 Interest and other income - - 32,843 Other financing sources (uses) - - - Total revenues 27,366,966 - 26,862,931 EXPENDITURES General government 5,992,054 - 1,300,808 Total expenditures 5,992,054 - 1,300,808 21,374,912 - 25,562,123 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (21,374,912) - - Total other financing sources (uses) (21,374,912) - - Net change in fund balances -$ -$ 25,562,123 Fund balances - beginning of year 4,869,740 Fund balances - end of year 30,431,863 Excess of revenues over expenditures BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Budgetary Comparison Schedule General Fund Through Year to Date - December 31, 2025 The notes to the basic financial statements are an integral part of this statement. 1 369 1/6/2026 7:54:05 AM Page 1 of 5 Detail vs Budget Report Boynton Beach CRA, FL Account Summary Date Range: 12/01/2025 - 12/31/2025 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01 - GENERAL FUND Revenue 01-41000 T.I.F. COLLECTIONS 261,917.00-26,328,883.00-26,328,883.000.00-26,066,966.000.00 1.00% 01-42115 MARINA RENTS -64,109.24-35,890.76-12,020.00-23,870.76-100,000.000.00 -64.11% 01-42116 MISCELLANEOUS RENTS FRO PROPER 52,050.00-52,050.00-17,350.00-34,700.000.000.00 0.00% 01-42117 MARINA FUEL SALES -795,878.52-404,121.48-164,681.16-239,440.32-1,200,000.000.00 -66.32% 01-42118 MARINA MISC INCOME 9,142.99-9,142.99541.63-9,684.620.000.00 0.00% 01-46100 INTEREST INCOME 32,711.97-32,711.97-28,805.73-3,906.240.000.00 0.00% 01-48100 MISCELLANEOUS INCOME 130.85-130.85-106.98-23.870.000.00 0.00% Revenue Totals:0.00 -27,366,966.00 -311,625.81 -26,551,305.24 -26,862,931.05 -504,034.95 -1.84% Expense 01-51010-200 CONTRACTUAL EXPENSE 25,468.71460.00276.00184.0025,928.710.00 98.23% 01-51010-216 ADVERTISING & PUBLIC NOTICES 10,000.000.000.000.0010,000.000.00 100.00% 01-51010-225 ASSOC. MEETINGS & SEMINARS 26,310.024,224.983,172.001,052.9830,535.000.00 86.16% 01-51010-227 DELIVERY SERVICES 500.000.000.000.00500.000.00 100.00% 01-51010-310 OFFICE SUPPLIES 732.9267.0834.3732.71800.000.00 91.62% 01-51230-100 PERSONNEL SERVICES 281,136.3765,663.6330,724.0334,939.60346,800.000.00 81.07% 01-51230-115 CAR ALLOWANCE 8,548.361,051.64243.95807.699,600.000.00 89.05% 01-51230-225 ASSOC. MEETINGS & SEMINARS 14,211.042,733.962,577.76156.2016,945.000.00 83.87% 01-51230-226 MEMBERSHIP DUES 10,299.338,100.67139.007,961.6718,400.000.00 55.97% 01-51230-227 DELIVERY SERVICES 500.000.000.000.00500.000.00 100.00% 01-51230-229 CAREER DEVELOPMENT 19,206.52293.480.00293.4819,500.000.00 98.49% 01-51230-310 OFFICE SUPPLIES 2,473.4026.60104.99-78.392,500.000.00 98.94% 01-51230-315 POSTAGE 2,900.00100.000.00100.003,000.000.00 96.67% 01-51230-340 CELLULAR PHONES 1,616.57383.43212.83170.602,000.000.00 80.83% 01-51230-355 SUBSCRIPTIONS 1,530.00170.000.00170.001,700.000.00 90.00% 01-51230-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51230-400 EQUIPMENT COSTS 3,000.02999.98999.980.004,000.000.00 75.00% 01-51325-100 PERSONNEL SERVICES 247,986.6172,147.3933,298.7938,848.60320,134.000.00 77.46% 01-51325-115 CAR ALLOWANCE 2,838.47761.53276.92484.613,600.000.00 78.85% 01-51325-200 CONTRACTUAL EXPENSE 125.00175.000.00175.00300.000.00 41.67% 01-51325-201 BANK FEES 5,958.4041.6013.4828.126,000.000.00 99.31% 01-51325-225 ASSOC. MEETINGS & SEMINARS 9,230.0070.0070.000.009,300.000.00 99.25% 01-51325-226 MEMBERSHIP DUES 1,384.17315.830.00315.831,700.000.00 81.42% 01-51325-227 DELIVERY COSTS 300.000.000.000.00300.000.00 100.00% 01-51325-229 CAREER DEVELOPMENT 12,000.000.000.000.0012,000.000.00 100.00% 01-51325-310 OFFICE SUPPLIES 1,881.89118.1134.3783.742,000.000.00 94.09% 370 Detail vs Budget Report Date Range: 12/01/2025 - 12/31/2025 1/6/2026 7:54:05 AM Page 2 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51325-340 CELLULAR PHONES 1,732.85267.1596.55170.602,000.000.00 86.64% 01-51325-355 SUBSCRIPTIONS 2,501.001,499.000.001,499.004,000.000.00 62.53% 01-51325-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51325-365 OFFICE PRINTING COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51325-400 EQUIPMENT COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51410-213 GENERAL PROPERTY COVERAGE 245,531.95170,237.050.00170,237.05415,769.000.00 59.05% 01-51420-200 CONTRACTUAL EXPENSE 449,910.0051,423.3733,423.3718,000.00468,000.00-33,333.37 96.13% 01-51420-201 CONTRACT LEGAL 187,982.9526,017.058,030.5517,986.50207,000.00-7,000.00 90.81% 01-51420-202 WEBSITE HOSTING, REDESIGN & MAINT 45,733.773,325.05408.352,916.7048,650.47-408.35 94.00% 01-51420-204 CITY STAFF COSTS 40,408.001,920.001,920.000.0040,408.00-1,920.00 100.00% 01-51440-100 PERSONNEL SERVICES 206,556.2165,437.7928,327.0237,110.77271,994.000.00 75.94% 01-51440-225 ASSOC. MEETINGS & SEMINARS 6,495.4194.590.0094.596,590.000.00 98.56% 01-51440-226 MEMBERSHIP DUES 1,515.00385.000.00385.001,900.000.00 79.74% 01-51440-227 DELIVERY SERVICES 567.1732.8332.830.00600.000.00 94.53% 01-51440-229 CAREER DEVELOPMENT 17,000.000.000.000.0017,000.000.00 100.00% 01-51440-310 OFFICE SUPPLIES 1,933.3766.6334.3732.262,000.000.00 96.67% 01-51440-340 CELLULAR PHONES 975.00225.0090.00135.001,200.000.00 81.25% 01-51440-355 SUBSCRIPTIONS 2,000.000.000.000.002,000.000.00 100.00% 01-51440-360 BOOKS & PUBLICATIONS 480.2319.7719.770.00500.000.00 96.05% 01-51440-365 OFFICE PRINTING COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51620-200 CONTRACTUAL EXPENSE 5,000.000.000.000.005,000.000.00 100.00% 01-51620-201 PROPERTY TAXES & ASSOC. DUES 28,879.04175,992.173,438.00172,554.17204,871.210.00 14.10% 01-51620-202 MARINA POLICE 53,448.118,113.664,763.633,350.0356,798.14-4,763.63 94.10% 01-51620-205 RENTAL OF OFFICES 27,812.6017,187.400.0017,187.4045,000.000.00 61.81% 01-51620-208 EQUIPMENT LEASES 14,859.70918.66368.96549.7015,409.40-368.96 96.43% 01-51620-209 PROPERTY MAINTENENCE COST 559,562.5479,770.4649,457.6730,312.79589,854.63-49,478.37 94.86% 01-51620-211 VEHICLE MAINTENANCE / FUEL 9,264.87735.130.00735.1310,000.000.00 92.65% 01-51620-212 HURRICANE/PROPERTY CONTINGENCY 35,000.000.000.000.0035,000.000.00 100.00% 01-51620-224 SIGNAGE 20,000.000.000.000.0020,000.000.00 100.00% 01-51620-325 ELECTRICITY COSTS 28,124.571,875.4392.221,783.2130,000.000.00 93.75% 01-51620-326 WATER CHARGES 22,590.842,409.16152.762,256.4025,000.000.00 90.36% 01-51630-200 CONTRACTUAL 0.00450.00450.000.00450.000.00 0.00% 01-51630-209 PROPERTY MAINTENENCE 90,267.7022,635.5014,817.947,817.56110,000.00-2,903.20 82.06% 01-51630-241 MARINA FUEL MANAGEMENT 188,800.4961,199.5120,399.8540,799.66250,000.000.00 75.52% 01-51630-242 MARINE FUEL STATION OVERHEAD 37,310.127,689.884,524.503,165.3845,000.000.00 82.91% 01-51630-310 OFFICE SUPPLIES 1,000.000.000.000.001,000.000.00 100.00% 01-51630-325 ELECTRIC COSTS 9,338.231,661.77638.621,023.1511,000.000.00 84.89% 01-51630-326 WATER COSTS 7,928.502,071.50407.841,663.6610,000.000.00 79.29% 01-51630-327 GASOLINE & DEISEL FUEL PURCHAS 660,165.55197,384.4597,433.0299,951.43857,550.000.00 76.98% 01-51630-328 MARINA DIESEL SALES TAX 13,229.981,770.021,342.61427.4115,000.000.00 88.20% 01-51650-200 CONTRACTUAL EXPENSE 1,200.000.000.000.001,200.000.00 100.00% 01-51650-210 CITY IT SUPPORT 43,740.008,049.458,049.450.0043,740.00-8,049.45 100.00% 01-51650-211 COMPUTER SOFTWARE & LICENSES 6,200.000.000.000.006,200.000.00 100.00% 01-51650-212 FINANCIAL SOFTWARE MAINTENANCE 16,978.3125,081.692,972.6922,109.0042,060.000.00 40.37% 371 Detail vs Budget Report Date Range: 12/01/2025 - 12/31/2025 1/6/2026 7:54:05 AM Page 3 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51650-330 TELEPHONE LINES 5,000.000.000.000.005,000.000.00 100.00% 01-51650-400 EQUIPMENT COSTS 13,000.000.000.000.0013,000.000.00 100.00% 01-51990-200 CONTRACTUAL EXPENSE - CONTINGENCY 38,671.000.000.000.0038,671.000.00 100.00% 01-57400-100 PERSONNEL SERVICES 156,243.0039,717.0018,673.9521,043.05195,960.000.00 79.73% 01-57400-216 ADVERTISING & PUBLIC NOTICES 45,357.003,643.002,130.001,513.0049,000.000.00 92.57% 01-57400-218 ANNUAL REPORT & BROCHURES 4,755.00245.000.00245.005,000.000.00 95.10% 01-57400-225 ASSOC. MEETINGS & SEMINARS 15,586.48856.2135.00821.2116,442.690.00 94.79% 01-57400-226 MEMBERSHIP DUES 9,790.00910.00110.00800.0010,700.000.00 91.50% 01-57400-227 DELIVERY SERVICES 1,500.000.000.000.001,500.000.00 100.00% 01-57400-229 CAREER DEVELOPMENT 10,500.000.000.000.0010,500.000.00 100.00% 01-57400-236 PHOTOGRAPHY / VIDEOS 20,000.000.000.000.0020,000.000.00 100.00% 01-57400-310 OFFICE SUPPLIES 1,931.1168.8934.3734.522,000.000.00 96.56% 01-57400-340 CELLULAR PHONES 1,713.74286.2676.36209.902,000.000.00 85.69% 01-57400-355 SUBSCRIPTIONS 2,100.000.000.000.002,100.000.00 100.00% 01-57400-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-57400-365 OFFICE PRINTING COSTS 3,612.11387.89387.890.004,000.000.00 90.30% 01-57500-100 PERSONNEL SERVICES 157,514.6031,951.4014,746.8017,204.60189,466.000.00 83.14% 01-57500-225 ASSOC. MEETINGS & SEMINARS 11,117.65674.66234.00440.6611,792.310.00 94.28% 01-57500-226 MEMBERSHIP DUES 2,215.00385.00385.000.002,600.000.00 85.19% 01-57500-229 CAREER DEVELOPMENT 12,000.000.000.000.0012,000.000.00 100.00% 01-57500-310 OFFICE SUPPLIES 1,931.1068.9034.3834.522,000.000.00 96.56% 01-57500-340 CELLULAR PHONES 487.50112.5045.0067.50600.000.00 81.25% 01-57500-355 SUBSCRIPTIONS 500.000.000.000.00500.000.00 100.00% 01-57500-360 BOOKS & PUBLICATIONS 220.00280.000.00280.00500.000.00 44.00% 01-59000-151 F.I.C.A.64,113.3715,886.636,388.309,498.3380,000.000.00 80.14% 01-59000-152 MEDICARE 20,572.554,427.451,942.442,485.0125,000.000.00 82.29% 01-59000-153 RETIREMENT PLAN 401(a)267,349.0082,651.0026,603.0056,048.00350,000.000.00 76.39% 01-59000-154 WORKERS COMP INSURANCE 14,955.0045.000.0045.0015,000.000.00 99.70% 01-59000-155 HEALTH INSURANCE 178,632.5821,367.42417.5220,949.90200,000.000.00 89.32% 01-59000-156 DENTAL INSURANCE 8,940.461,059.54353.18706.3610,000.000.00 89.40% 01-59000-157 LIFE INSURANCE 9,784.00216.0072.00144.0010,000.000.00 97.84% 01-59000-158 SHORT / LONG TERM DISABILITY 8,406.731,593.270.001,593.2710,000.000.00 84.07% 01-59000-159 UNEMPLOYMENT CHARGES 5,000.000.000.000.005,000.000.00 100.00% 01-59000-160 VISION INSURANCE 2,876.40123.6041.2082.403,000.000.00 95.88% 01-59000-161 COMPENSATED ABSENSES 65,000.000.000.000.0065,000.000.00 100.00% 01-59800-990 TRANS OUT TO DEBT SERVICE FUND 2,319,093.000.000.000.002,319,093.000.00 100.00% 01-59999-990 INTERFUND TRANSFERS OUT 19,055,819.000.000.000.0019,055,819.000.00 100.00% Expense Totals:-108,225.33 27,518,131.56 874,226.22 426,581.43 1,300,807.65 26,325,549.24 95.67% 01 - GENERAL FUND Totals:-108,225.33 151,165.56 562,600.41 -26,124,723.81 -25,562,123.40 25,821,514.29 02 - PROJECTS FUND Revenue 02-46100 INTEREST INCOME 125,105.70-125,105.70-39,501.60-85,604.100.000.00 0.00% 02-47100 APPLICATION FEES 500.00-500.00-100.00-400.000.000.00 0.00% 372 Detail vs Budget Report Date Range: 12/01/2025 - 12/31/2025 1/6/2026 7:54:05 AM Page 4 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 02-48100 MISCELLANEOUS INCOME 125,275.98-125,275.98-75,000.00-50,275.980.000.00 0.00% 02-49100 OTHER FINANCING SOURCES -21,862,030.000.000.000.00-21,862,030.000.00 -100.00% 02-49900 TRANSFERS IN -19,055,819.000.000.000.00-19,055,819.000.00 -100.00% Revenue Totals:0.00 -40,917,849.00 -136,280.08 -114,601.60 -250,881.68 -40,666,967.32 -99.39% Expense 02-58100-202 CONTINGENCY EXPENSE 225,248.000.000.000.00225,248.000.00 100.00% 02-58100-203 CONTRACTUAL EXPENSE 1,503,078.9824,187.5021,090.003,097.501,526,551.48-715.00 98.46% 02-58100-213 LEGAL FEES 299,401.0031,758.0016,148.5015,609.50331,159.000.00 90.41% 02-58200-401 PROPERTY PURCHASES 11,526,512.218,055,573.790.008,055,573.7919,582,086.000.00 58.86% 02-58200-402 IMPROVEMENTS 4,296,000.004,000.004,000.000.004,300,000.000.00 99.91% 02-58200-404 CONSTRUCTION IN PROGRESS 149,082.58-74,541.290.00-74,541.2974,541.290.00 200.00% 02-58200-405 SITE WORK AND DEMOLITION FEES 435,938.998,575.000.008,575.00444,513.990.00 98.07% 02-58200-406 INFRASTRUCTURE AND STREETSCAPE 18,742,465.2021,050.250.0021,050.2518,763,515.450.00 99.89% 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 553,840.000.000.000.00553,840.000.00 100.00% 02-58400-444 ECONOMIC DEVELOPMENT GRANTS 1,127,174.22159,014.8846,149.88112,865.001,320,619.3534,430.25 85.35% 02-58400-445 MARKETING INCENTIVES 227,836.0025,769.00100.0025,669.00256,105.002,500.00 88.96% 02-58500-460 COMMUNITY POLICING INNOVATIONS 1,654,059.590.000.000.001,654,059.590.00 100.00% 02-58500-470 COMMUNITY SUPPORT PROJECTS 605,944.9969,116.4733,823.6135,292.86641,237.85-33,823.61 94.50% 02-58500-480 COMMUNITY SPECIAL EVENTS 539,727.0670,272.9452,561.5517,711.39610,000.000.00 88.48% Expense Totals:2,391.64 50,283,477.00 8,220,903.00 173,873.54 8,394,776.54 41,886,308.82 83.30% 02 - PROJECTS FUND Totals:2,391.64 9,365,628.00 8,084,622.92 59,271.94 8,143,894.86 1,219,341.50 03 - DEBT SERVICE Revenue 03-46100 INTEREST INCOME 1,323.16-1,323.16-420.25-902.910.000.00 0.00% 03-49900 TRANSFERS IN -2,319,093.000.000.000.00-2,319,093.000.00 -100.00% Revenue Totals:0.00 -2,319,093.00 -902.91 -420.25 -1,323.16 -2,317,769.84 -99.94% Expense 03-59800-814 BOND 2012 PRINCIPAL 1,530,000.000.000.000.001,530,000.000.00 100.00% 03-59800-815 BOND 2015 PRINCIPAL 725,000.000.000.000.00725,000.000.00 100.00% 03-59800-824 BOND 2012 INTEREST 39,168.000.000.000.0039,168.000.00 100.00% 03-59800-826 BOND 2015 INTEREST 23,925.000.000.000.0023,925.000.00 100.00% 03-59800-830 FINANCIAL AGENT FEES 1,000.000.000.000.001,000.000.00 100.00% Expense Totals:0.00 2,319,093.00 0.00 0.00 0.00 2,319,093.00 100.00% 03 - DEBT SERVICE Totals:0.00 0.00 -902.91 -420.25 -1,323.16 1,323.16 Report Total:-105,833.69 9,516,793.56 8,646,320.42 -26,065,872.12 -17,419,551.70 27,042,178.95 373 Detail vs Budget Report Date Range: 12/01/2025 - 12/31/2025 1/6/2026 7:54:05 AM Page 5 of 5 Fund Summary Fund Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining -108,225.33 151,165.56 562,600.41 -26,124,723.81 -25,562,123.40 25,821,514.2901 - GENERAL FUND 2,391.64 9,365,628.00 8,084,622.92 59,271.94 8,143,894.86 1,219,341.5002 - PROJECTS FUND 0.00 0.00 -902.91 -420.25 -1,323.16 1,323.1603 - DEBT SERVICE Report Total:-105,833.69 9,516,793.56 8,646,320.42 -26,065,872.12 -17,419,551.70 27,042,178.95 374 •Attachment I - January 2026 Financial Summary COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.B SUBJECT: CRA Financial Report Period Ending January 31, 2026 SUMMARY: CRA Financial Services staff is providing the CRA Board with the January 31, 2026 Report (Attachment I): Statement of Revenues; Expenditures and Changes in Fund Balance Report; and Budget Comparison Schedule - General Fund. FISCAL IMPACT: FY 2025-2026 Annual Budget CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY 2025-2026 CRA Budget CRA BOARD OPTIONS: Approve the CRA's monthly financial and budget reports for the period ending January 31, 2026. ATTACHMENTS: Description 375 General Fund Projects Fund Debt Service Fund Total Governmental Funds REVENUES Tax increment revenue 26,328,883 - - 26,328,883 Marina Rent & Fuel Sales 671,257 - - 671,257 Contributions and donations - - - - Interest and other income 44,961 330,949 4,734 380,643 Total revenues 27,045,101 330,949 4,734 27,380,783 EXPENDITURES General government 1,700,683 - - 1,700,683 Redevelopment projects - 10,666,433 - 10,666,433 Debt service:- Principal - - - - Interest and other charges - - - - Total expenditures 1,700,683 10,666,433 - 12,367,116 25,344,418 (10,335,484) 4,734 15,013,667 OTHER FINANCING SOURCES (USES) Funds Transfers in - 21,659,907 2,319,093 23,979,000 Funds Transfers out (23,979,000) - - (23,979,000) Total other financing sources (uses) (23,979,000) 21,659,907 2,319,093 - Net change in fund balances 1,365,418 11,324,423 2,323,827 15,013,667 Fund balances - beginning of year 4,869,740 19,070,941 230,912 24,171,593 Fund balances - end of year 6,235,158 30,395,364 2,554,739 39,185,260 Footnote: Transfers between funds include monies received from TIF and carryover from general fund balance. Excess (deficiency) of revenues over expenditures BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Statement of Revenues, Expenditures and Changes in Fund Balances Through Year to Date - January 31, 2026 (A Component Unit of the City of Boynton Beach, Florida) The notes to the basic financial statements are an integral part of this statement. 1 376 Original Budget Final Budget Actual REVENUES Tax increment revenue 26,066,966$ -$ 26,328,883 Marina Rent & Fuel Sales 1,300,000 - 671,257 Interest and other income - - 44,961 Other financing sources (uses) - - - Total revenues 27,366,966 - 27,045,101 EXPENDITURES General government 5,992,054 - 1,700,683 Total expenditures 5,992,054 - 1,700,683 21,374,912 - 25,344,418 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (21,374,912) - (23,979,000) Total other financing sources (uses) (21,374,912) - (23,979,000) Net change in fund balances -$ -$ 1,365,418 Fund balances - beginning of year 4,869,740 Fund balances - end of year 6,235,158 Excess of revenues over expenditures BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Budgetary Comparison Schedule General Fund Through Year to Date - January 31, 2026 The notes to the basic financial statements are an integral part of this statement. 1 377 2/2/2026 3:16:11 PM Page 1 of 5 Detail vs Budget Report Boynton Beach CRA, FL Account Summary Date Range: 01/01/2026 - 01/31/2026 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01 - GENERAL FUND Revenue 01-41000 T.I.F. COLLECTIONS 261,917.00-26,328,883.000.00-26,328,883.00-26,066,966.000.00 1.00% 01-42115 MARINA RENTS -49,847.12-50,152.88-14,262.12-35,890.76-100,000.000.00 -49.85% 01-42116 MISCELLANEOUS RENTS FRO PROPER 69,400.00-69,400.00-17,350.00-52,050.000.000.00 0.00% 01-42117 MARINA FUEL SALES -662,053.92-537,946.08-133,824.60-404,121.48-1,200,000.000.00 -55.17% 01-42118 MARINA MISC INCOME 13,758.04-13,758.04-4,615.05-9,142.990.000.00 0.00% 01-46100 INTEREST INCOME 44,669.84-44,669.84-11,957.87-32,711.970.000.00 0.00% 01-48100 MISCELLANEOUS INCOME 290.66-290.66-159.81-130.850.000.00 0.00% 01-49100 OTHER FINANCING SOURCES -2,604,088.000.000.000.00-2,604,088.000.00 -100.00% Revenue Totals:0.00 -29,971,054.00 -26,862,931.05 -182,169.45 -27,045,100.50 -2,925,953.50 -9.76% Expense 01-51010-200 CONTRACTUAL EXPENSE 25,192.71736.00276.00460.0025,928.710.00 97.16% 01-51010-216 ADVERTISING & PUBLIC NOTICES 10,000.000.000.000.0010,000.000.00 100.00% 01-51010-225 ASSOC. MEETINGS & SEMINARS 26,310.024,224.980.004,224.9830,535.000.00 86.16% 01-51010-227 DELIVERY SERVICES 500.000.000.000.00500.000.00 100.00% 01-51010-310 OFFICE SUPPLIES 607.46192.54125.4667.08800.000.00 75.93% 01-51230-100 PERSONNEL SERVICES 260,505.3886,294.6220,630.9965,663.63346,800.000.00 75.12% 01-51230-115 CAR ALLOWANCE 8,271.441,328.56276.921,051.649,600.000.00 86.16% 01-51230-225 ASSOC. MEETINGS & SEMINARS 14,211.042,733.960.002,733.9616,945.000.00 83.87% 01-51230-226 MEMBERSHIP DUES 9,749.338,650.67550.008,100.6718,400.000.00 52.99% 01-51230-227 DELIVERY SERVICES 500.000.000.000.00500.000.00 100.00% 01-51230-229 CAREER DEVELOPMENT 19,206.52293.480.00293.4819,500.000.00 98.49% 01-51230-310 OFFICE SUPPLIES 2,310.23189.77163.1726.602,500.000.00 92.41% 01-51230-315 POSTAGE 2,756.36243.64143.64100.003,000.000.00 91.88% 01-51230-340 CELLULAR PHONES 1,482.58517.42133.99383.432,000.000.00 74.13% 01-51230-355 SUBSCRIPTIONS 1,530.00170.000.00170.001,700.000.00 90.00% 01-51230-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51230-400 EQUIPMENT COSTS 2,868.191,131.81131.83999.984,000.000.00 71.70% 01-51325-100 PERSONNEL SERVICES 225,787.4194,346.5922,199.2072,147.39320,134.000.00 70.53% 01-51325-115 CAR ALLOWANCE 2,561.551,038.45276.92761.533,600.000.00 71.15% 01-51325-200 CONTRACTUAL EXPENSE 125.00175.000.00175.00300.000.00 41.67% 01-51325-201 BANK FEES 5,944.9255.0813.4841.606,000.000.00 99.08% 01-51325-225 ASSOC. MEETINGS & SEMINARS 9,219.5080.5010.5070.009,300.000.00 99.13% 01-51325-226 MEMBERSHIP DUES 1,384.17315.830.00315.831,700.000.00 81.42% 01-51325-227 DELIVERY COSTS 251.2048.8048.800.00300.000.00 83.73% 01-51325-229 CAREER DEVELOPMENT 12,000.000.000.000.0012,000.000.00 100.00% 378 Detail vs Budget Report Date Range: 01/01/2026 - 01/31/2026 2/2/2026 3:16:11 PM Page 2 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51325-310 OFFICE SUPPLIES 1,718.10281.90163.79118.112,000.000.00 85.91% 01-51325-340 CELLULAR PHONES 1,636.31363.6996.54267.152,000.000.00 81.82% 01-51325-355 SUBSCRIPTIONS 2,501.001,499.000.001,499.004,000.000.00 62.53% 01-51325-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51325-365 OFFICE PRINTING COSTS 1,857.48142.52142.520.002,000.000.00 92.87% 01-51325-400 EQUIPMENT COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51410-213 GENERAL PROPERTY COVERAGE 245,531.95170,237.050.00170,237.05415,769.000.00 59.05% 01-51420-200 CONTRACTUAL EXPENSE 416,576.6384,756.7033,333.3351,423.37468,000.00-33,333.33 89.01% 01-51420-201 CONTRACT LEGAL 160,180.9537,819.0511,802.0026,017.05207,000.009,000.00 77.38% 01-51420-202 WEBSITE HOSTING, REDESIGN & MAINT 45,325.423,733.40408.353,325.0548,650.47-408.35 93.17% 01-51420-204 CITY STAFF COSTS 38,488.001,920.000.001,920.0040,408.000.00 95.25% 01-51440-100 PERSONNEL SERVICES 187,598.5984,395.4118,957.6265,437.79271,994.000.00 68.97% 01-51440-225 ASSOC. MEETINGS & SEMINARS 6,495.4194.590.0094.596,590.000.00 98.56% 01-51440-226 MEMBERSHIP DUES 1,515.00385.000.00385.001,900.000.00 79.74% 01-51440-227 DELIVERY SERVICES 496.72103.2870.4532.83600.000.00 82.79% 01-51440-229 CAREER DEVELOPMENT 17,000.000.000.000.0017,000.000.00 100.00% 01-51440-310 OFFICE SUPPLIES 1,798.21201.79135.1666.632,000.000.00 89.91% 01-51440-340 CELLULAR PHONES 885.00315.0090.00225.001,200.000.00 73.75% 01-51440-355 SUBSCRIPTIONS 2,000.000.000.000.002,000.000.00 100.00% 01-51440-360 BOOKS & PUBLICATIONS 480.2319.770.0019.77500.000.00 96.05% 01-51440-365 OFFICE PRINTING COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51620-200 CONTRACTUAL EXPENSE 5,000.000.000.000.005,000.000.00 100.00% 01-51620-201 PROPERTY TAXES & ASSOC. DUES 31,755.03177,987.391,995.22175,992.17204,871.21-4,871.21 15.50% 01-51620-202 MARINA POLICE 48,684.4811,801.943,688.288,113.6656,798.14-3,688.28 85.71% 01-51620-205 RENTAL OF OFFICES 27,812.6017,187.400.0017,187.4045,000.000.00 61.81% 01-51620-208 EQUIPMENT LEASES 15,516.671,310.43391.77918.6615,409.40-1,417.70 100.70% 01-51620-209 PROPERTY MAINTENENCE COST 502,524.6091,628.0311,857.5779,770.46589,854.63-4,298.00 85.19% 01-51620-211 VEHICLE MAINTENANCE / FUEL 9,264.87735.130.00735.1310,000.000.00 92.65% 01-51620-212 HURRICANE/PROPERTY CONTINGENCY 35,000.000.000.000.0035,000.000.00 100.00% 01-51620-224 SIGNAGE 20,000.000.000.000.0020,000.000.00 100.00% 01-51620-325 ELECTRICITY COSTS 28,045.131,954.8779.441,875.4330,000.000.00 93.48% 01-51620-326 WATER CHARGES 22,344.942,655.06245.902,409.1625,000.000.00 89.38% 01-51630-200 CONTRACTUAL 0.00450.000.00450.00450.000.00 0.00% 01-51630-209 PROPERTY MAINTENENCE 77,345.0035,558.2012,922.7022,635.50110,000.00-2,903.20 70.31% 01-51630-241 MARINA FUEL MANAGEMENT 168,400.6481,599.3620,399.8561,199.51250,000.000.00 67.36% 01-51630-242 MARINE FUEL STATION OVERHEAD 32,799.8912,200.114,510.237,689.8845,000.000.00 72.89% 01-51630-310 OFFICE SUPPLIES 715.71284.29284.290.001,000.000.00 71.57% 01-51630-325 ELECTRIC COSTS 8,478.212,521.79860.021,661.7711,000.000.00 77.07% 01-51630-326 WATER COSTS 7,416.482,583.52512.022,071.5010,000.000.00 74.16% 01-51630-327 GASOLINE & DEISEL FUEL PURCHAS 520,450.31337,099.69139,715.24197,384.45857,550.000.00 60.69% 01-51630-328 MARINA DIESEL SALES TAX 12,023.952,976.051,206.031,770.0215,000.000.00 80.16% 01-51650-200 CONTRACTUAL EXPENSE 1,200.000.000.000.001,200.000.00 100.00% 01-51650-210 CITY IT SUPPORT 35,690.558,049.450.008,049.4543,740.000.00 81.60% 01-51650-211 COMPUTER SOFTWARE & LICENSES 6,200.000.000.000.006,200.000.00 100.00% 379 Detail vs Budget Report Date Range: 01/01/2026 - 01/31/2026 2/2/2026 3:16:11 PM Page 3 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51650-212 FINANCIAL SOFTWARE MAINTENANCE 16,978.3125,081.690.0025,081.6942,060.000.00 40.37% 01-51650-330 TELEPHONE LINES 5,000.000.000.000.005,000.000.00 100.00% 01-51650-400 EQUIPMENT COSTS 13,000.000.000.000.0013,000.000.00 100.00% 01-51990-200 CONTRACTUAL EXPENSE - CONTINGENCY 38,671.000.000.000.0038,671.000.00 100.00% 01-57400-100 PERSONNEL SERVICES 144,218.3951,741.6112,024.6139,717.00195,960.000.00 73.60% 01-57400-216 ADVERTISING & PUBLIC NOTICES 42,812.006,188.002,545.003,643.0049,000.000.00 87.37% 01-57400-218 ANNUAL REPORT & BROCHURES 4,755.00245.000.00245.005,000.000.00 95.10% 01-57400-225 ASSOC. MEETINGS & SEMINARS 15,586.48856.210.00856.2116,442.690.00 94.79% 01-57400-226 MEMBERSHIP DUES 9,790.00910.000.00910.0010,700.000.00 91.50% 01-57400-227 DELIVERY SERVICES 1,500.000.000.000.001,500.000.00 100.00% 01-57400-229 CAREER DEVELOPMENT 10,500.000.000.000.0010,500.000.00 100.00% 01-57400-236 PHOTOGRAPHY / VIDEOS 20,000.000.000.000.0020,000.000.00 100.00% 01-57400-310 OFFICE SUPPLIES 1,716.04283.96215.0768.892,000.000.00 85.80% 01-57400-340 CELLULAR PHONES 1,623.74376.2690.00286.262,000.000.00 81.19% 01-57400-355 SUBSCRIPTIONS 2,100.000.000.000.002,100.000.00 100.00% 01-57400-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-57400-365 OFFICE PRINTING COSTS 3,612.11387.890.00387.894,000.000.00 90.30% 01-57500-100 PERSONNEL SERVICES 147,683.4041,782.609,831.2031,951.40189,466.000.00 77.95% 01-57500-225 ASSOC. MEETINGS & SEMINARS 11,117.65674.660.00674.6611,792.310.00 94.28% 01-57500-226 MEMBERSHIP DUES 2,215.00385.000.00385.002,600.000.00 85.19% 01-57500-229 CAREER DEVELOPMENT 12,000.000.000.000.0012,000.000.00 100.00% 01-57500-310 OFFICE SUPPLIES 1,795.96204.04135.1468.902,000.000.00 89.80% 01-57500-340 CELLULAR PHONES 442.50157.5045.00112.50600.000.00 73.75% 01-57500-355 SUBSCRIPTIONS 500.000.000.000.00500.000.00 100.00% 01-57500-360 BOOKS & PUBLICATIONS 220.00280.000.00280.00500.000.00 44.00% 01-59000-151 F.I.C.A.59,005.2620,994.745,108.1115,886.6380,000.000.00 73.76% 01-59000-152 MEDICARE 19,377.895,622.111,194.664,427.4525,000.000.00 77.51% 01-59000-153 RETIREMENT PLAN 401(a)235,383.00114,617.0031,966.0082,651.00350,000.000.00 67.25% 01-59000-154 WORKERS COMP INSURANCE 14,955.0045.000.0045.0015,000.000.00 99.70% 01-59000-155 HEALTH INSURANCE 152,410.3147,589.6926,222.2721,367.42200,000.000.00 76.21% 01-59000-156 DENTAL INSURANCE 8,587.281,412.72353.181,059.5410,000.000.00 85.87% 01-59000-157 LIFE INSURANCE 9,712.00288.0072.00216.0010,000.000.00 97.12% 01-59000-158 SHORT / LONG TERM DISABILITY 7,224.102,775.901,182.631,593.2710,000.000.00 72.24% 01-59000-159 UNEMPLOYMENT CHARGES 5,000.000.000.000.005,000.000.00 100.00% 01-59000-160 VISION INSURANCE 2,835.20164.8041.20123.603,000.000.00 94.51% 01-59000-161 COMPENSATED ABSENSES 65,000.000.000.000.0065,000.000.00 100.00% 01-59800-990 TRANS OUT TO DEBT SERVICE FUND 0.002,319,093.002,319,093.000.002,319,093.000.00 0.00% 01-59999-990 INTERFUND TRANSFERS OUT 0.0021,659,907.0021,659,907.000.0021,659,907.000.00 0.00% Expense Totals:-41,920.07 30,122,219.56 1,300,807.65 24,378,875.29 25,679,682.94 4,484,456.69 14.89% 01 - GENERAL FUND Totals:-41,920.07 151,165.56 -25,562,123.40 24,196,705.84 -1,365,417.56 1,558,503.19 02 - PROJECTS FUND Revenue 02-46100 INTEREST INCOME 187,972.77-187,972.77-62,867.07-125,105.700.000.00 0.00% 380 Detail vs Budget Report Date Range: 01/01/2026 - 01/31/2026 2/2/2026 3:16:11 PM Page 4 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 02-47100 APPLICATION FEES 700.00-700.00-200.00-500.000.000.00 0.00% 02-48100 MISCELLANEOUS INCOME 142,275.98-142,275.98-17,000.00-125,275.980.000.00 0.00% 02-49100 OTHER FINANCING SOURCES -21,862,030.000.000.000.00-21,862,030.000.00 -100.00% 02-49900 TRANSFERS IN 0.00-21,659,907.00-21,659,907.000.00-21,659,907.000.00 0.00% Revenue Totals:0.00 -43,521,937.00 -250,881.68 -21,739,974.07 -21,990,855.75 -21,531,081.25 -49.47% Expense 02-58100-202 CONTINGENCY EXPENSE 225,248.000.000.000.00225,248.000.00 100.00% 02-58100-203 CONTRACTUAL EXPENSE 1,495,408.8531,800.137,612.6324,187.501,526,551.48-657.50 97.96% 02-58100-213 LEGAL FEES 288,729.0042,430.0010,672.0031,758.00331,159.000.00 87.19% 02-58200-401 PROPERTY PURCHASES 13,699,850.218,061,323.795,750.008,055,573.7921,761,174.000.00 62.96% 02-58200-402 IMPROVEMENTS 4,796,000.004,000.000.004,000.004,300,000.00-500,000.00 111.53% 02-58200-404 CONSTRUCTION IN PROGRESS 149,082.58-74,541.290.00-74,541.2974,541.290.00 200.00% 02-58200-405 SITE WORK AND DEMOLITION FEES 431,358.9913,155.004,580.008,575.00444,513.990.00 97.04% 02-58200-406 INFRASTRUCTURE AND STREETSCAPE 18,742,465.201,942,535.841,921,485.5921,050.2518,763,515.45-1,921,485.59 99.89% 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 553,840.000.000.000.00553,840.000.00 100.00% 02-58400-444 ECONOMIC DEVELOPMENT GRANTS 1,536,184.47169,524.8810,510.00159,014.881,745,619.3539,910.00 88.00% 02-58400-445 MARKETING INCENTIVES 230,236.0033,369.007,600.0025,769.00256,105.00-7,500.00 89.90% 02-58500-460 COMMUNITY POLICING INNOVATIONS 440,189.59257,744.99257,744.990.001,654,059.59956,125.01 26.61% 02-58500-470 COMMUNITY SUPPORT PROJECTS 572,121.3897,550.4228,433.9569,116.47641,237.85-28,433.95 89.22% 02-58500-480 COMMUNITY SPECIAL EVENTS 522,460.1187,539.8917,266.9570,272.94610,000.000.00 85.65% Expense Totals:-1,462,042.03 52,887,565.00 8,394,776.54 2,271,656.11 10,666,432.65 43,683,174.38 82.60% 02 - PROJECTS FUND Totals:-1,462,042.03 9,365,628.00 8,143,894.86 -19,468,317.96 -11,324,423.10 22,152,093.13 03 - DEBT SERVICE Revenue 03-46100 INTEREST INCOME 4,733.74-4,733.74-3,410.58-1,323.160.000.00 0.00% 03-49900 TRANSFERS IN 0.00-2,319,093.00-2,319,093.000.00-2,319,093.000.00 0.00% Revenue Totals:0.00 -2,319,093.00 -1,323.16 -2,322,503.58 -2,323,826.74 4,733.74 0.20% Expense 03-59800-814 BOND 2012 PRINCIPAL 1,530,000.000.000.000.001,530,000.000.00 100.00% 03-59800-815 BOND 2015 PRINCIPAL 725,000.000.000.000.00725,000.000.00 100.00% 03-59800-824 BOND 2012 INTEREST 39,168.000.000.000.0039,168.000.00 100.00% 03-59800-826 BOND 2015 INTEREST 23,925.000.000.000.0023,925.000.00 100.00% 03-59800-830 FINANCIAL AGENT FEES 1,000.000.000.000.001,000.000.00 100.00% Expense Totals:0.00 2,319,093.00 0.00 0.00 0.00 2,319,093.00 100.00% 03 - DEBT SERVICE Totals:0.00 0.00 -1,323.16 -2,322,503.58 -2,323,826.74 2,323,826.74 Report Total:-1,503,962.10 9,516,793.56 -17,419,551.70 2,405,884.30 -15,013,667.40 26,034,423.06 381 Detail vs Budget Report Date Range: 01/01/2026 - 01/31/2026 2/2/2026 3:16:11 PM Page 5 of 5 Fund Summary Fund Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining -41,920.07 151,165.56 -25,562,123.40 24,196,705.84 -1,365,417.56 1,558,503.1901 - GENERAL FUND -1,462,042.03 9,365,628.00 8,143,894.86 -19,468,317.96 -11,324,423.10 22,152,093.1302 - PROJECTS FUND 0.00 0.00 -1,323.16 -2,322,503.58 -2,323,826.74 2,323,826.7403 - DEBT SERVICE Report Total:-1,503,962.10 9,516,793.56 -17,419,551.70 2,405,884.30 -15,013,667.40 26,034,423.06 382 •Attachment I - December 9, 2025 CRA Board Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.C SUBJECT: Approval of the CRA Board Meeting Minutes for December 9, 2025 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the December 9, 2025 CRA Board Meeting Minutes. ATTACHMENTS: Description 383 384 385 386 387 388 389 390 391 392 393 •Attachment I - January 8, 2026 Joint CRA Board/City of Boynton Beach Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.D SUBJECT: Approval of the Joint CRA Board/City of Boynton Beach Meeting Minutes for January 8, 2026 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the January 8, 2026 Joint CRA Board/City of Boynton Beach Meeting Minutes. ATTACHMENTS: Description 394 395 396 397 398 •Attachment I - January 8, 2026 CRA Board Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.E SUBJECT: Approval of the CRA Board Meeting Minutes for January 8, 2026 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the January 8, 2026 CRA Board Meeting Minutes. ATTACHMENTS: Description 399 400 401 402 403 404 405 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.F SUBJECT: Approval of the Renewal Letter to Amendment No. 1 to the Agreement for On-Demand Transportation Service with Circuit Transit Inc. SUMMARY: On January 18, 2024, the CRA Board approved the contract with Circuit Transit, Inc (Circuit), for the CRA pilot ride share program which will provides all-electric on-demand transportation services (see Attachments I - II). The Scope of Work of the Agreement with Circuit is summarized below (see Attachment III): on-demand ride share service with the exception of fixed routes for special events initial 6-month contract with the option to renew 6 months include the use of two GEM cars and two EV sedans provide service from 10 AM - 8 PM (Sunday-Thursday) and 10 AM - 10 PM (Friday and Saturday) report back to the Board quarterly once the contract begins Following the Board's approval at the January 18th meeting, the CRA and City of Boynton Beach entered into an Interlocal Agreement (ILA) which was approved at their February 13, 2024, and March 5, 2024, meetings respectively (see Attachment IV). The ILA is in place in order to provide dedicated parking locations, electrical service for the charging, ride share service to the Ocean Front Beach Park and potential fixed route ride share service for City Events. The ILA also serves as the tool to allow the City to fund any service outside of the CRA boundaries and allow reimbursement of EV charging costs. On March 23, 2024, at the CRA's Spring Market event, the rideshare service launched as the Coastal Cruiser. At the September 10, 2024 meeting, the CRA Board approved the 6-month contract renewal extending service to March 2025 (see Attachment V). Since the contract renewal, Circuit service has expanded to the north and south ends of the Federal Highway District. Service is now available throughout the CRA boundary except for the Industrial Craft District (west of I-95). At the January 14, 2025 meeting, the CRA Board consensus was to extend the contract beyond the one-year pilot program and continue service as it currently operates. 406 •Attachment I - January 18, 2024 CRA Board Meeting Minutes •Attachment II - CRA/Circuit Executed Contract •Attachment III - Exhibit A: Scope of Work •Attachment IV - CRA/City Executed Interlocal Agreement •Attachment V - 6-Month Renewal Signed by Circuit •Attachment VI - Amendment No. 1 •Attachment VII - Renewal Letter for March 2026 - March 2027 Attachment VI is Amendment No. 1 to the Agreement for On-Demand Transportation Service with Circuit Transit Inc. The Amendment extends the rideshare service for one year with two options to extend for one year. The BBCRA desires to exercise its first option to extend for one year from March 5, 2026 - March 4, 2027, at the same prices, terms and conditions a set forth in the Agreement. Attachment VII is the Notice of Renewal. Staff, legal counsel and a representative from Circuit will be in attendance to answer any questions. FISCAL IMPACT: FY 2025-2026 Budget, Project Fund, Line Item 02-58500-470, $450,000 for Circuit Contract CRA BOARD OPTIONS: Approve the Renewal Letter to Amendment No. 1 to the Agreement for On-Demand Transportations Service with Circuit Transit Inc. ATTACHMENTS: Description 407 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Board Member Kelley moved to table Item 13F until the next meeting. Board Member Hay seconded the motion. The motion passed unanimously. G. Discussion and Consideration of a Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program Mr. Tack gave an overview of the Contract with Circuit Transit Inc. for the CRA Pilot Ride Share Program. He commented that at the November Board meeting, the Board gave Staff permission to move forward with negotiations with Circuit. Board Member Hay inquired, if needed, how long would it take to get another vehicle. Mr. Bagley, Circuit Transit Inc., replied the time it would take to add an additional vehicle, depends on the type of vehicle. He commented that if it was a sedan, it would be a few weeks, if it was a Gem vehicle, it has a longer order time. He stated that the sedans are going to be the better fit and offer the most flexibility. Board Member Hay asked who is responsible for the vehicles when they are parked overnight. Mr. Tack said that the CRA will be responsible, and the CRA is working with the City to provide four parking spaces in the current City parking lot on the corner of East Boynton Beach Boulevard and Seacrest Boulevard. He stated that Circuit would be responsible for liability since the vehicles and equipment belong to them. Board Member Hay inquired about special events and who is responsible for paying the overtime. Mr. Tack stated that the way the contract is written, it would not be considered overtime, there would be additional staffing and there is a rate within the contract that would provide the hourly rate structure. Vice Chair Turkin opened public comments. No virtual comments. Vice Chair Turkin closed public comments. Motion: Board Member Hay moved to approve the agreement with Circuit Transit, Inc. for the CRA Pilot Ride Share Program as presented and authorize the Board Chair to execute, subject to final legal review. Board Member Kelley seconded the motion with discussion. Board Member Kelley inquired what happens at the end of the six-month agreement. 6 408 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Janice Rustin, Counsel, replied that at the end of the six months, the contract will automatically be renewed for another six months. 14. New Business A. Discussion and Consideration of a Request for Proposals for Property Appraisal Services (Moved to February) B. Discussion and Consideration of Purchase of 1111 S. Federal Highway Mr. Tack gave an overview of the property located at 1111 S. Federal Highway. He said that the CRA Staff actively pursues the purchase of properties within the CRA District in order to spur redevelopment opportunities in accordance with the CRA Plan. He stated that 1111 S. Federal is a vacant lot, approximately .35 acres, which is currently zoned as C3 Community Commercial. He stated that the future development would be a potential mixed use under the Mixed Use Medium Future Land Use Classification. He commented that the development potential would allow mixed use development with a maximum density of 40 to 50 units per acre, and maximum height of 65 to 75 feet. Board Member Kelley stated that this is prime property with Federal Highway access and proximity to other properties owed by the CRA, and this an opportunity to capture property that has potential. Board Member Hay stated that it is a good deal and he is in favor of the purchase. Vice Mayor Turkin stated that he agrees with his colleagues this is a great opportunity. Vice Chair Turkin opened public comments. Blair Lee, the Broker for the property, stated that he had conferred with his client who owns the property at 1111 S. Federal Highway. He commented that they discussed a price of somewhere between the list price and $850,000. He noted that the purchase price came in at $891,000. He stated that the owner has continued to get the approvals on the square footage with a site plan, and the owner would like the Board to consider paying the appraised value. No virtual comments. Vice Chair Turkin closed public comment. Motion: Board Member Kelley moved to approve the purchase of the vacant lot located at 1111 S. Federal Highway in the amount of $850,000 and authorize the Board Chair to execute a Purchase and Sale agreement subject to final legal review. Board Member Hay seconded the motion with discussion. The motion passed unanimously. Board Member Hay inquired if there was anything currently planned for the site. 7 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 4853-3349-4940, v. 6 EXHIBIT A: SCOPE OF WORK Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work. The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park. The Service to the Beach shall be subject to CRA’s execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones (Zone 1 and Zone 2) covering approximately 1.6 square miles of coverage area as illustrated in Exhibit C (“Service Area”). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA’s execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA, Circuit shall maintain updates to the application, which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 429 4853-3349-4940, v. 6 Section 3: Marketing and Branding A. In coordination with the CRA, Circuit shall develop and implement a branding strategy, which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA. Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise, Circuit will acquire and operate at its own expense no fewer than two (2) GEM vehicles (inclusive of one (1) ADA accessible GEM vehicle) and two (2) EV Sedans as part of this Service. The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement, Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders, unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing. Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit’s use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage, charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 430 4853-3349-4940, v. 6 i. At Circuit’s sole cost, Circuit shall maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti, vandalism, defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non -operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit’s lack of diligence, the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit. Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers. Circuit shall obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver’s driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service (LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit’s principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA’ s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein, any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit’s Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit’s Representative has full right, power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty (30) days prior to the special event and may include a request the establishment 431 4853-3349-4940, v. 6 of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of $34.97 plus the actual cost to transport the vehicle(s) to the requested location , which will be agreed to by the parties in writing, prior to transportation. Section 7. Trip Sharing A. Drivers shall be permitted to transport more than one (1) party but no more than five (5) parties in GEM vehicles and four (4) parties in the E-Sedan under the following conditions: i. The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty (60) hours each week (“Vehicle Hours”) . The cost per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B. The Vehicle Hours shall occur within the following schedule: 432 4853-3349-4940, v. 6 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA’s annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request, Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports, the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement, Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 433 4853-3349-4940, v. 6 advertisement design, production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month, which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement, commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle “wraps” (collectively “Advertising”) must conform to the following criteria: i. Defamatory Advertising. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product, or company. ii. Advertising Condoning Criminal Conduct. No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising. No Advertising shall displace false or misleading information, intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco, Firearms, and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes, laws, ordinances, rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services, as follows: 434 4853-3349-4940, v. 6 i. For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2: $2:00 for each rider. If the rider is part of a group, $2.00 for the initial rider and $1.00 for each additional rider within the group. B. Circuit shall credit the CRA’s monthly invoice for each Zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 435 1 RESOLUTION NO. R24-041 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN THE INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY REGARDING 7 CIRCUIT TRANSIT INC., FOR THE BBCRA PILOT RIDE 8 SHARE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, on January 18, 2024, the CRA Board approved a contract with Circuit 10 Transit, Inc., for the CRA pilot ride-share program, which will provide all-electric on-demand 11 transportation services; and 12 WHEREAS, the City and CRA desire to provide an additional route from the CRA 13 district to Ocean Front Beach Park,along with four dedicated parking stalls in the north parking 14 lot at the corner of Seacrest Blvd. and Boynton Beach Blvd., which will include three Level 2 15 EV charging stations adjacent to the existing electrical service; and 16 WHEREAS, in order to provide dedicated parking locations, electrical service for the 17 charging,ride share service to the Ocean Front Beach Park, and potential fixed route ride share 18 service for City Events, an Interlocal Agreement is required to fund any service outside of the 19 CRA boundaries and allow reimbursement of EV charging costs; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff,deems it to be in the best interests of the City residents to approve and 22 authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and 23 the Boynton Beach Community Redevelopment Agency regarding Circuit Transit Inc., for the 24 BBCRA Pilot Ride Share Program. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, does 30 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 31 Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding Circuit S:\CC\WP\CCAGENDA\2024\03-05-2024 CC\R24-041 Agenda_Item_1227-2023_ILA_City_CRA_Circuit_Transit_- Pilot_Ride_Share_Prognam.Docx 436 32 Transit Inc., for the BBCRA Pilot Ride Share Program. A copy of the Interlocal Agreement is 33 attached hereto and incorporated herein as Exhibit "A." 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 5th day of March 2024. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor—Ty Penserga 40 41 Vice Mayor—Thomas Turkin 42 43 Commissioner—Angela Cruz turns 44 45 Commissioner—Woodrow L. Hay V 46 47 Commissioner— Aimee Kelley 48 49 VOTE q 'D 50 51 AT ' : 52 53 4(0--54 i. ,I,r l 55 Maylee ID- sus, MPA MC nerga 56 City Cl ilryor 57 58 APPROVED AS TO FORM: 59 (Corporate Seal) 0,INT0A ` 60 0 ,. ORA; . G61 e •* ) 111 sdkai/ t 6 62 SEAL .5.li Shawna G. Lam 63 IticpORA1- 0 i City Attorney 192 111 '....... 1``.`, FLOR\V' S:\CC\WFCCAGENDA\2024\03-05-2024 CC\R24-041 Agenda_Item_1227-2023_ILA_City_CRA_Circuit_Transit_- Pi lot_Ride_Share_Program.Docx 437 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM THIS AGREEMENT ("Agreement") is made this5dday of / ki-CM 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the"BBCRA"). The City and BBCRA may be referred to herein individually as a "party" and collectively as the "parties." WITNESSETH: WHEREAS, the BBCRA has elected to enter into an agreement with Circuit Transit, Inc. Circuit"), a copy of which is attached hereto as Exhibit A ("Circuit Agreement"); and WHEREAS, the Circuit Agreement provides that Circuit shall provide on demand transportation services (the "Services") as part of a pilot program for the BBCRA; and WHEREAS, the BBCRA shall only provide funding for the Services within the BBCRA's boundaries; and WHEREAS, the City desires to participate in the pilot program, fund Services outside of the BBCRA's boundaries, and otherwise contribute to the pilot program as described in this Agreement; and WHEREAS, to that end, the area in which Services will be provided has been divided into Zone 1 and Zone 2, which are depicted on Exhibit B attached hereto, which is hereby incorporated herein; and WHEREAS, Zone 1 is within the BBCRA's boundaries; and WHEREAS, Zone 2 is outside the BBCRA's boundaries; and WHEREAS, the BBCRA desires to enable the City to participate in the pilot program, fund Services outside of the BBCRA's boundaries, and otherwise contribute to the pilot program as 4859-3315-2162,v. 1 438 described in this Agreement; and WHEREAS, the BBCRA has required that Circuit include the City as an additional insured pursuant to the Circuit Agreement; and WHEREAS, the 2016 Community Redevelopment Plan ("CRA Plan") calls for the BBCRA to provide for connectivity between the districts, address public parking shortfalls, and provide for additional public waterfront access; and WHEREAS, the Services shall be in furtherance of these goals and principles of the CRA plan; and WHEREAS, the City and the BBCRA find that this Agreement serves a municipal and public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2 Definitions. Terms not otherwise defined herein shall have the meaning set forth in the Circuit Agreement(including the Exhibits to the Circuit Agreement). In the event of a conflict between a definition in this Agreement and a definition in the Circuit Agreement, the terms in this Agreement shall control. All other terms shall have their ordinary dictionary definitions. 3. Payment. The parties agree: a. Contribution. The City shall be responsible for providing payment to the BBCRA for the costs of the Services in Zone 2 and other costs as described below. Such payment shall be made within 15 days of the City receiving a complete written request for payment from the BBCRA. b. Invoicing. The BBCRA will submit the complete written request for payment to the City within 15 days of the receiving an invoice from Circuit. i. For purposes of this Agreement, a complete written request shall include: 4859-3315-2162,v. 1 439 1. The amount of payment requested. 2. The monthly report from Circuit, if provided by Circuit, describing the level of service for Zone 2, or equivalent documentation indicating the fare revenue collected from Zone 2 trips and the number of Zone 2 trips. 3. A copy of Circuit invoice to the BBCRA. 4. Tabulation by the BBCRA for the amount owed to the BBCRA by the City, which shall include each of the following, as applicable. A. For ordinary services, the costs of the Services in Zone 2 shall be calculated by multiplying the total invoice amount by the percentage of rides starting or ending within Zone 2, then subtracting from that resulting number fifty percent of the Net Fare Revenue generated from rides starting or ending within Zone 2. For clarity, the calculation above may also be represented as follows: total invoice amount) x (percentage of rides starting or ending within Zone 2)] — [.5 x Net Fare Revenue generated from rides starting or ending within Zone 2] = Amount of City Payment Due. It is the intent of the parties that the Net Fare Revenue generated from rides starting or ending within Zone 2 be evenly divided between the parties. B. For Services requested by the City for special events ("Special Event Services"), the City shall reimburse the CRA for all costs associated with Special Event Services, regardless of the location of the special event. ii. In the event the written request is incomplete, the City shall notify the BBCRA within five days of receiving the incomplete request; otherwise such request shall be deemed complete. Upon receiving written notice of an incomplete request, and the BBCRA 4859-3315-2162,v. 1 440 shall have 10 days to submit the complete written request; otherwise such written request shall be ineligible for payment. c. Promotions. In the event the City requests a pricing discount ("Sales Promotion") on certain Services, the City shall make payment to the BBCRA for difference in revenue to the BBCRA as a result of the Sales Promotion. 4 Coordination. The parties agree to the following concerning coordination related to this Agreement. a. Between the City and BBCRA. Coordination between the City and BBCRA shall occur as follows: i. The City shall designate a single point of contact ("City Project Manager") for coordination with the BBCRA concerning this Agreement. The City may modify the person acting as the City Project Manager upon written notice to the BBCRA. At present, the City designates Gail Mootz who can be reached at mootzg@bbfl.us and 561-742-6223. The BBCRA shall copy Jonele Luma at LumaJ@bbfl.us on all correspondence concerning invoices and Payments due. ii. The BBCRA shall designate a single point of contact ("BBCRA Project Manager") for coordination with the City concerning this Agreement. The BBCRA may modify the person acting as the BBCRA Project Manager upon written notice to the City. At present, the BBCRA designates Timothy Tack, who can be reached at tackt@bbfl.us and (561)600-9091, with a copy of all emails to be directed to Bonnie Nicklien at nicklienb@bbfl.us. b. With Circuit. The parties agree the BBCRA shall be the sole point of contact with Circuit. In the event the City desires to request Special Event Services, the City Project Manager shall submit to the BBCRA Project Manager a written request with sufficient detail to notify the BBCRA and Circuit of the time, date, total vehicle hours, vehicle types, and any other information necessary to analyze such request. Any request is for Special Event Services 4859-3315-2162,v. 1 441 must be made at least 30 days prior to the date of the applicable special event. If the City desires to coordinate with Circuit on any other matter, the City shall submit a written request to the BBCRA Project Manager containing sufficient information to analyze such request for consistency with the Circuit Agreement. So long as a written request from the City is consistent with the terms of the Circuit Agreement, the BBCRA shall coordinate with Circuit concerning the request within 5 business days of receiving such request and shall endeavor to arrange a meeting between the City, BBCRA, and Circuit. The City shall supply additional information as requested by the BBCRA as may be necessary, in the opinion of the BBCRA, to analyze the City's request and coordinate with Circuit concerning the same. 5. Parking Spaces. The parties agree that Circuit may use the Parking Spaces (defined below) for storing and charging the vehicles that provide the Services. a. Location. The City agrees to designate the parking spaces identified in Exhibit C (the Parking Spaces")for the sole use of Circuit. The location of the Parking Spaces may be moved from time to time upon the written consent of the BBCRA Project Manager and the City Project Manager. However, in the event the City requests the Parking Spaces be moved, the City and BBCRA share evenly share the costs of moving any charging infrastructure and signage. The parties agree to make best efforts to avoid relocating the Parking Spaces during the term of the Agreement. b. Signage, Charging Infrastructure, Electricity. The City consents to the placement of signage and electric charging infrastructure at the Parking Spaces, which shall be installed at no cost to the City. The City confirms that sufficient power can be supplied to the Parking Spaces to charge four Circuit vehicles simultaneously. The City shall invoice the CRA for the electricity used by the Parking Spaces. The BBCRA Project Manager and City Project Manager may agree to incorporate the electricity invoice into the payment described in Paragraph 3 of this Agreement. 4859-3315-2162,v. 1 442 c. Enforcement. The City agrees to assist in enforcement of parking restrictions to ensure the Parking Spaces are used exclusively by Circuit vehicles, as may be required from time to time. 6. Relationship to the Circuit Agreement. The parties agree that the City shall only be responsible for providing payment to the BBCRA and that BBCRA shall be responsible for administering the Circuit Agreement. The parties agree that the BBCRA has sole and absolute discretion concerning the Circuit Agreement, and nothing in this Agreement confers the rights or obligations of the BBCRA within the Circuit Agreement to the City. Nonetheless, the CRA will endeavor to coordinate with the City concerning the termination of the Circuit Agreement and the amount and timing of Services prior to terminating the Service Agreement or implementing Service changes. The BBCRA will not terminate services to Zone 2 without the prior written consent of the City. 7. Marketing and Promotion. Marketing and promotional efforts concerning the Services shall occur as follows: a. Inclusion of City Logo. The BBCRA shall include the City's logo on marketing and advertising pursuant to the Circuit Agreement ("Promotional Materials") at no cost to the City. The City shall provide its preferred logo to the BBCRA for use in Promotional Materials. The BBCRA Project Manager shall provide any draft Promotional Materials with the City logo to the City Project Manager no less than five business days prior to the use of such Promotional Materials for approval; provided however that if the BBCRA Project Manager does not receive a response within five business days such Promotional Materials shall be deemed approved by the City. b. Promotional Efforts by the City. The City shall promote the Services using Promotional Materials provided by the BBCRA in the manner described in Exhibit D. 8, Notice and Contact. All notices and requests concerning this Agreement shall be delivered via email to the City Project Manager or the BBCRA Project Manager, as applicable, which 4859-3315-2162,v. 1 443 email delivery shall be deemed "written"or"in writing"for purposes of this Agreement. Notices concerning default or termination, or requests for modifications to this Agreement shall also be delivered by email and by writing sent by one of (1) United States mail, return receipt requested, (2) courier, evidenced by a delivery receipt, or (3) by overnight express delivery service, evidenced by a delivery receipt, which notice or request shall be addressed to the person designated by each party for receipt of legal notice. At present, the parties designate the following for receipt of legal notice: If to the BBCRA:Kathryn Rossmell Lewis, Longman &Walker, PA 360 S. Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 krossmell(d lIw-law.com If to the City: Shawna Lamb City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 lambsbbfl.us 9. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement ("Effective Date"). This Agreement shall be in effect from the Effective Date and unless earlier terminated pursuant to the terms of this Agreement, shall automatically terminate upon the termination of the Circuit Agreement, or 1 year from the Effective Date of this Agreement, whichever is earlier. 10. Public Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least one year after the termination of the Agreement. 4859-3315-2162,v. 1 444 11. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 12. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the BBCRA or the City as set forth in Section 768.28, Florida Statutes. 13. Default. If either party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of 10 calendar days after receipt of written notice of such default from the other party, the party giving notice of default may terminate this Agreement through written notice to the other party. Failure of any party to exercise its right in the event of any default by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any rights related to the other party's failure to perform unless such waiver is in writing and executed by both parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Notwithstanding the foregoing, in the event of a default by the either party, the exclusive remedy for such default shall be monetary, limited to actual damages incurred, and shall not exceed the amount actually paid to Circuit pursuant to the Circuit Agreement. 14. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 15. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion 4859-3315-2162,v. 1 445 thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 16. No Third Party Beneficiaries. No provision of this 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 the City or the BBCRA. 17. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other,which may be granted or withheld at the other party's absolute discretion. 18. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 19. Survival. The provisions of this Agreement regarding termination and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 20. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 21. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e., via facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 22. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been 4859-3315-2162,v. 1 446 prepared by counsel for one of the parties. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. Boynton Beach Community Redevelopment Agency ATTEST: L By: i` t/ .x Print Name: S17/?V — Title: ,; Date:C. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: CRA Attorne City of Boynton Beach, Florio . ATTES : By: ON•B£,q' int Nam:. /y P&2 ti. 5, p1E .••'s' Lt. 7oR 1115e0tS,\l Titl!t 3/zYoerOgatofri OC1'0,9,Y ei APPROV .'AS TO FORM A'`‘! LEGAL - ' FICIENCY: C , A ttorney 4859-3315-2162,v. 1 447 EXHIBIT A BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICES This Agreement for On-Demand Transportation Services (hereinafter "Agreement") is made by and between CIRCUIT TRANSIT INC., ("Contractor") a Florida corporation organized and existing under the laws of the State of Florida having its principal office at 501 East Las Olas, Suite 300, Fort Lauderdale, FL 33301, including its Affiliates (collectively, the Contractor" or "Company") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the"Client"or"CRA")a community redevelopment agency organized and existing under the laws of the State of Florida having its principal office 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, (hereinafter the "CRA") (collectively the "Parties"). WHEREAS, the CRA is in need of on-demand transportation ("Services"); and WHEREAS,Circuit entered into an agreement with the City of Hollywood in response to Request to Proposal No. RFP-045-23-SK, effective July 1, 2023 to provide on-demand transportation services for a term of one (1) year, with the option to renew for three (3) one-year periods; and WHEREAS, the CRA desires to obtain the Services from Circuit on same the terms, conditions,and pricing provided under RFP-045-23-SK,subject to the terms and conditions of this Agreement and the City of Boynton Beach Procurement Policy; and WHEREAS, Circuit agrees to extend the terms, conditions, and pricing provided under RFP-045-23-SK to the CRA, subject to the terms and conditions of this Agreement; and WHEREAS,the Services are required for a proper municipal purpose and is in the interest of the public;and WHEREAS, the Services will further the Community Redevelopment Plan. NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Description of the Services. Contractor will perform its obligations as described in Exhibit A: Scope of Services, which is hereby incorporated as if fully set forth herein. 3) Term. The Contractor shall perform the Services for six (6) months ("Initial Term"), with option to renew for 6 months ("Renewal Term"). Services shall start within thirty (30) days of the effective date of this Agreement or upon the CRA's execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. A copy of the executed Page 1 of 10 4875-9566-4284,v.2 448 interlocal agreement shall be provided to Circuit. The service start date may be extended by mutual agreement of the Parties. 4) Compensation. The CRA shall pay the Contractor an amount not to exceed Four Hundred Thousand dollars ($400,000.00) (hereinafter, "Compensation") for the performance of the Services for the Initial Term and Renewal Term of this agreement, which sum shall be paid in accordance with the Pricing Schedule attached as Exhibit B.The Compensation is all inclusive for the services provided and shall include the cost of the vehicles, vehicle wraps, including the art work installation and removal of the wraps, W-2 Drivers, management fees, driver training, insurance, vehicle maintenance, cell phones, hosting services for the mobile application and related usage fees, web fees, and basic marketing materials. Contractor shall be responsible for all costs related to the operation and maintaining the vehicles,including cost of installation of the vehicle charging equipment and the costs for electrical service required for vehicle charging.Notwithstanding the above, in the event that the CRA does not renew this Agreement after the Initial Term,the CRA shall reimburse Contractor the costs associated with modifying the existing electrical service to accommodate new charging equipment, upon receipt of proper invoice .The CRA shall not be responsible for the payment of any additional fees not otherwise stated herein, unless the parties enter into a written amendment to this Agreement which is approved by both parties. 5) Method of Payment of Compensation. Circuit shall submit a monthly detailed invoice to the CRA. Project Manager shall determine the format of the invoice and the information that must be provided. Payment of Compensation (or any part thereof)shall 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. Any amounts not timely paid by CRA shall bear interest from 30 days after the due date at the rate of 1 percent per month on the unpaid balance. All Payments shall be in the form of a CRA check made payable to the Contractor, or as indicated above.No Payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Services. 6) Propriety. Contractor understands that at all times during its performance of Services, Contractor, Contractor's employees and subcontractors shall conduct itself at all times with due regard to public conventions and morals, and shall refrain from making statements or presenting material that contains vulgar,obscene,profane,or otherwise objectionable language that,as determined in the sole discretion of the CRA, material and substantially interferes with the functions and reasonable business operations of the CRA. 7) Termination for Convenience. The CRA reserves the right to terminate this Agreement for any reason and without cause with sixty (60) days written notice during the Renewal Term only. In the event of termination,Contractor shall be entitled to payment for services rendered through the date of termination. 8) Termination for Cause; Default. The CRA reserves the right to terminate this Agreement, in part or in whole, in the event the Contractor fails to perform in accordance with the terms and conditions stated herein by providing written notice of such failure or default and by Page 2 of 10 4875-9566-4284,v.2 449 specifying a reasonable time period within which the Contractor must cure any such failure to perform or default. If the Contractor fails to cure the default within the time specified,the CRA may then terminate the Agreement by providing written notice to the Contractor. Notwithstanding anything to the contrary in this Agreement, if the CRA determinates that termination is necessary to protect public health, safety or welfare,the CRA may terminate the Agreement upon providing such written notice that the CRA deems appropriate under the circumstances, including immediate termination. In the event of immediate termination, the Contractor shall be entitled to payment for seven (7)days of services plus payment for services rendered under this Agreement through the date of the notice of immediate termination. 9) Termination for Bankruptcy. The CRA shall have the right to terminate this Agreement by providing written notice to the Contractor in the event: i) Contractor enters into receivership or is subject of a voluntary or involuntary bankruptcy proceeding; or ii) a substantial part of the Contractor's property becomes subject to nay levy, seizure, assignment, or sale for or by any creditor or government agency. 10) Waiver. The CRA shall not be responsible for any property or other damages or personal injury sustained by the Contractor from any cause whatsoever related to the Services whether such damage or injury occurs before, during, or after the actual performance of the Services. The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. 11) Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property or other damages or personal injury, including death,sustained by any person whomsoever,which damage is incidental to,occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment of the Contractor or the performance of this Agreement by Contractor or Contractor's employees,agents,partners,principals,or subcontractors. This paragraph shall not be construed to require Contractor to indemnify the CRA for negligence or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers,employees and agents. 12) Limitation of liability. To the extent permitted by law, the CRA's liability for all matters that occur as a result of, arise out of, or are otherwise related to this Agreement, including negligent,grossly negligent,or willful misconduct or omission,shall be limited to the amount of Compensation, less amounts that have already been paid, or the direct out-of-pocket damages actually incurred, whichever is less. Neither Party shall not be liable to the other party for special,indirect, incidental or consequential damages. Each Party hereby disclaims such damages to the full extent such may be disclaimed, except in the case of fraud, gross negligence or willful misconduct of the responsible Party. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA , including those set forth in Section 768.28, Florida Statutes. Page 3 of 10 4875-9566-4284,v.2 450 13) No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or profit corporation, or other entity without prior, written permission from the CRA. 14) Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the start of the Services, and include for the following insurance amounts: Commercial General Liability: 1,000,000 per occurrence/$2 million in the aggregate for bodily injury, personal injury and property damage Automobile Liability: 1,000,000 combined single limit for bodily injury and property damage, including hired owned and non-owned auto coverages Workers Compensation In the amounts required under Florida Statutes Cyber Liability: 1,000,000 coverage Umbrella/Excess Liability insurance 5,000,000 coverage The Insurance must remain in force for so long as is necessary to cover any occurrence relating to,resulting from, or arising out of the Services or this Agreement. Contractor shall not commence services under the terms of this agreement until a Certification of Insurance COI")has been received by the CRA. The CRA is to be included as"Additional Insured" with respect to liability arising out of services performed by the Contractor by or on behalf of the CRA or acts or omissions of the Contractor in connection with providing Services pursuant to this Agreement. The Certificate must include the following as additional insured parties: Boynton Beach Community Redevelopment Agency 100 E Ocean Avenue,4th Floor Boynton Beach,Florida 33435 The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 15) Tax Forms. The Contractor's individual members, including the Contractor's agents and employees, shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor's compensation for the Services. The Contractor Page 4of10 4875-9566-4284,v.2 451 assumes all liability and responsibility for payment of the Contractor's (and the Contractor's individual members)own FICA and Social Security benefits and all taxes resulting from this Agreement. 16) 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 CRA. In the event funds to finance this Agreement become unavailable,the CRA may terminate this Agreement upon no less than twenty-four(24)hours'notice to Contractor.The CRA shall be the sole and final authority as to the availability of funds. The CRA shall pay Contractor for goods received or services rendered prior to the date of termination. 17) No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, familial status, gender identity,gender expression,sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 18) Independent Contractor; No Partnership, Etc. The Contractor agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or employee relationship. It is specifically understood that the Contractor is an independent contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Services; and that Contractor is an independent contractor and not an employee of the CRA for all purposes including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law.. The Contractor will exercise its own judgment in matters of safety for itself, those affected by the Services, and attendees of the Event. 19) Promotional Materials. The Contractor agrees that the CRA may photograph and/or record video and audio of the Services, and that such photographs and recordings may be (i) used for the purposes of promotion of the CRA, or undertakings by the CRA; (ii)transmitted live or by recording on local television and radio channels; and (iii) used in materials intended for public display or distribution to the public, including but not limited to print advertisements, billboards, street and light pole banners, websites affiliated with the CRA, and social media affiliated with the CRA. The Contractor waives and assigns to the CRA all copyrights under the Copyright Act of 1976, 17 U.S.C. 101, et seq., and all other rights in recorded,photographed,or transmitted versions of the Services. The CRA shall attribute the Services to the Contractor. 20) No Infringement. The Contractor represents that in performing the Services under this Agreement, the Contractor will not infringe on the property right, copyright,patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Services is an infringement on the property right,copyright,patent right, or other rights, the Contractor will indemnify the CRA against any and all loss, Page 5of10 4875-9566-4284,v.2 452 damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA's logos, or marks without the CRA's prior written approval. 21) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein,are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 22) Counterparts and Transmission. To facilitate execution,this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 23) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 24) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the parties expressly agree and submit. BY ENTERING INTO THIS CONTRACT, CONTRACTOR AND CRA HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS CONTRACT. CONTRACTOR SHALL NOT BRING ANY COURT ACTION AGAINST CRA EITHER IN EQUITY OR IN LAW,AND CONTRACTOR EXPRESSLY WAIVES ITS RIGHT TO INSTITUTE LITIGATION AGAINST CRA FOR ANY MATTER ARISING UNDER THE TERMS OF THIS CONTRACT,UNTIL AFTER THE PROJECT HAS BEEN COMPLETED AND ACCEPTED BY CRA. 25) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. To that end, this Agreement is declared severable. 26) Force Majeure. Neither party shall be deemed to be in breach of this Agreement if either party is prevented from performing any obligations required of it by reason of boycotts, shortages of materials, labor disputes, embargoes, acts of God, epidemic, pandemic, acts of Page 6 of 10 4875-9566-4284,v.2 453 public enemy, acts of superior governmental authority, floods, riots, foreign or civil wars, rebellion, terrorism, sabotage by third parties, or any other similar circumstances for which it is not reasonably responsible and which are not within its control. Each party take all reasonable steps to prevent, reduce, mitigate, and remedy the effects of the Force Majeure event as soon as possible if within its control. The CRA shall not be obligated to pay Contractor Compensation under this Agreement to the extent that a Force Majeure prevents or delays Contract from performing Services. 27) Voluntary Waiver of Provisions. The failure of either Party to enforce any of its rights hereunder or at law will not be deemed a waiver or a continuing waiver or any of its rights or remedies against the other Party, unless such failure or waiver is expressly set forth and acknowledged in writing. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. The Contractor may waive any requirements of the CRA contained in this Agreement. 28) Contractor-owned records.Except as provided in Chapter 119,Florida Statutes,all records created and compiled by Contractor in completing the Services are owned by Contractor and include, but are not limited to, written reports, studies, drawings, blueprints, photographs, negatives of photographs, computer printouts, graphs, charts, plans, contract documents, specifications, all ridership data, information generated on the Contractor's proprietary mobile applications and all other similarly recorded data. 29) Public Records. The CRA is a public agency subject to Chapter 119,Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Services described in this Agreement. b. Upon request from the CRA's custodian of public records,provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes,or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the CRA. d. Upon completion of the Agreement, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the Agreement,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement,the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be Page 7 of 10 4875-9566-4284,v.2 454 provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. The Contractor also understands that CRA may disclose any document in connection with performance of the Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E. Ocean Ave., 4th Floor, Boynton Beach, FL 33435; or TackT(acbbtl.us. 30) Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 31)Notice and Contact. The parties shall use the contact information below for coordinating delivery of the Services. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested,courier,evidenced by a delivery receipt,or by overnight express delivery service,evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: Contact Person for the Contractor Circuit Transit Inc. Jason Mirras 501 East Las Olas Suite 300 Fort Lauderdale, FL 33301 With a copy to: Circuit Transit Inc. P.O. Box 2173 Amagansett,NY 11930 Attention : James Mirras Contact Person for the CRA (hereinafter"Program Coordinator"): Name: Timothy Tack Address: 100 E. Ocean Avenue. 4th Floor, Boynton Beach, FL 33435 Page 8of10 4875-9566-4284,v.2 455 Email Address: TackT@bbfl.us. Telephone Number: (561)600-9091 With a copy to: Kathryn Rossmell, Esq. Lewis, Longman, & Walker P.A. 360 S. Rosemary Avenue, Suite 1100 West Palm Beach,FL 33401 32) Attorneys' Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, each party shall be responsible for its own attorneys' fees and costs. 33) Compliance with Laws. In the performance of the Services under this Agreement, the Contractor shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including applicable ethics and procurement requirements. 34) Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement ("Effective Date"). Unless earlier terminated pursuant to this Agreement, this Agreement will automatically terminate after the performance of the Services and final Payment by the CRA. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Services pursuant to this Agreement. 35) Modification. This Agreement will not be modified or amended except by the express written agreement of the Parties, signed by a duly authorized representative for each Party. Any other attempt to modify or amend this Agreement will be null and void and may not be relied upon by either Party. 36) Survival. The provisions of this Agreement regarding promotional rights, infringement, indemnity, waiver, limitation of liability, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. 37) Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. 38) Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements,or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement,the CRA may terminate the Agreement. 39) Agreement Non-Exclusive. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the CRA. The provision of Page 9 of 10 4875-9566-4284,v.2 456 services provided for herein is non-exclusive. The CRA in its sole and absolute discretion may retain additional entities or persons to perform the same or similar work. 40) E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the CRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095,Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Agreement. Notwithstanding any other provisions in this Agreement,if the CRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement,the CRA shall terminate the Agreement. If the CRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement, the CRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. 41) Conflict of Interest. Circuit represents that it has no interest and will not acquire any interest, direct or indirect, that would conflict with the performance of the services to be rendered under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. By Date: t/Z.• ft<2`( Au epresentative r Contractor Print Name: 1-3-Pc Le-1 Witness: Date: t/2 2`t Witness Name:t 4 ---- ‘4 C' 5 By: Date: / 9' 20 z'? Authorized esentative for CRA Print Name/ 79 i()0 & Witness: 17- Date: I INV ZoZq Witness Name: 70 N I E Ni I(AL.'1A El.; Page 10 of 10 4875-9566-4284,v.2 457 EXHIBIT A: SCOPE OF WORK Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit"On Demand"service(the"Service")within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work.The Service will serve visitors,residents, and workers by providing a convenient,efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park.The Service to the Beach shall be subject to CRA's execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones(Zone 1 and Zone 2)covering approximately 1.6 square miles of coverage area as illustrated in Exhibit C ("Service Area"). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly,weekly,daily,and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable,qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA's execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA,Circuit shall maintain updates to the application,which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 4853-3349-4940,v.6 458 Section 3: Marketing and Branding A. In coordination with the CRA,Circuit shall develop and implement a branding strategy,which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA.Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise,Circuit will acquire and operate at its own expense no fewer than two(2)GEM vehicles(inclusive of one(1)ADA accessible GEM vehicle)and two 2)EV Sedans as part of this Service.The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications.All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement,Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders,unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing.Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit's use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage,charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 4853-3349-4940,v.6 459 i. At Circuit's sole cost,Circuit shall maintain the interior and exterior of all vehicles in good working order,in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti,vandalism,defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non-operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit's lack of diligence,the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit.Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers.Circuit shall obtain complete background checks on all drivers,including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three(3)infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver's driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service(LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary.Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit's principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA' s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein,any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit's Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit's Representative has full right,power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty(30)days prior to the special event and may include a request the establishment 4853-3349-4940,v.6 460 of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of$34.97 plus the actual cost to transport the vehicle(s)to the requested location, which will be agreed to by the parties in writing, prior to transportation. Section 7.Trip Sharing A. Drivers shall be permitted to transport more than one(1)party but no more than five(5)parties in GEM vehicles and four(4) parties in the E-Sedan under the following conditions: i.The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle's legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation,permits or approvals from the Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver's opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty(60)hours each week("Vehicle Hours") . The cost per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B.The Vehicle Hours shall occur within the following schedule: 4853-3349-4940,v.6 461 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA's annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request,Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily,weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily,weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily,weekly and monthly basis. vi. Average trip duration on a daily,weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports,the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement,Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 4853-3349-4940,v.6 462 advertisement design,production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month,which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement,commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle "wraps" collectively "Advertising")must conform to the following criteria: i. Defamatory Advertisinu. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product,or company. ii. Advertising Condoning Criminal Conduct.No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising.No Advertising shall displace false or misleading information,intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco. Firearms. and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes,laws,ordinances,rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services,as follows: 4853-3349-4940,v.6 463 i.For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2:$2:00 for each rider. If the rider is part of a group,$2.00 for the initial rider and$1.00 for each additional rider within the group. B. Circuit shall credit the CRA's monthly invoice for each Zone with 100%of the Net Fare Revenue, defined below,that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law,credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 4853-3349-4940,v.6 464 Exhibit A-1 Service Area The Circuit Service Area for City of Boynton Beach CRA that is active in the Ride Circuit app and on the Circuit website is as follows: ii. /7 f i KM oi 1 Oceari;Front B •ch Park, IF i Two_Georges ,ieoa _w_ WaterfrontlGrifle EOce: 6 11 i 71 w t i c J CD ALCD 0) a 1/ i. tQ \\.„ f, , s, 1, - I,/ ke) co il,, i Jm Briny Breezes SE 2 a Zone 1: Area shaded blue Zone 2: Area shaded green 4854-7888-5014,v.2 465 Exhibit B: Pricing Schedule u Vh33 S 0ow.rtownl57d53I MAh.a7(t41.h 1on6- 36464, 14cM1,1 44.r66 I 615.165 64..03 Ms,M5 M.M06 13s*7 Month Mo.• Moab 20 35421I 04.Mu 51..0 Mr Mel 6C M 50 0 M 00 1 M M 1•.26 M M0I/, 361 161 161 261 555 111 241 261 161 261 261 266 03/7 I 0560030. 11 1 1 i 1 1 1 0170.0 0 0 Mf.M 1 5 2 1 1 1 13 1 3 311412•6125e110b Now 241.0 261.0 MIA 1610 241-0 261.0 7610 261.0 111.0 161.0 2430 251A 0105.335959701115.n1.13)97(5753090 2430 MMA 2620 162.0 1610 2610 2610 061.0 1610 2610 241.0 26131 1V Van!wow Noun 00 0.0 D.0 0A DA 00 OA 012 OA 00 00 DO 362.5.7.110515 5220 111 t 5110 522.5 5110 5210 5220 521-0 5221 5210 5110 5110 0/OM3nr3.x3w 1 Sari 0 Mn 5 3617 $ 3637 $ 1631 $ RV 3 34,37 S 50.57 $ 043, $ 15.77 0 737 S Stn 0023nn4226000n..e 1051 I 5457 $ 14.17 1 54.57 $ 36.77 4 35.17 $ 1177 $ 0437 3 54.41 5 SW $ 5447 $ 5537 $ 1550 3/1Vwn0Mv11s. 1 - AO 3 . 35 1 AD $ - ID $ - 30 $ ' 3O $ - AD 3 - Al 3 • 35 5 ' .35 3 - 30 5 - 40 5/50MYr.71. 0 )1.17 1 3437 $ 3637 S XVI 3 36.10 $ 3157 $ 731 $ 1430 $ 15.30 $ 3537 3 3637 $ 4537 bol ow 5 MO 3 5633 I 55503 1 400 1 3.w / $155 5 11126 $ 11501 1 5463 1 35353 $ 34.400 $ 55535 M•.., ./Meth 5 LOW 3 2600 1 1000 0 1000 5 1.600 S 0.000 $ 2W 1 L000 S 1000 3 LOW 0 6.03 $ 1.000 I0,.•t.d7.05.w0.Nona 1 0132 5 3132 1 1531 2 5117 0 5177 S 4312 0 4.320 1 1131 t 5162 1 1232 5 6132 2 5 232 Mlo.s.. S 5.330 $ 400 $ 4172 5 1.515 $ 1.550 1 4131 1 3.500 0 4132 3 4232 $ 4232 S 4172 $ 4.135 6MM•37.71135CRA$1 $ Wn $ 11377 5 9090 $ 0.677 1 W77 $ lain $ Wn $ 37.177 5 12177 5 11.10 6 nags $ WTI 3001 v_M,•e__- _. 5.12626 .__.__• lo.n005..5a. wob.4 600030050.04.. -WY.c347 0095.3 01.111,05 *335.0.1 ' bmeN ,My 05.0.4. p~5 meek :Now D10.0.05 P.0.45 .WY el c0eI$7 40.45 15561 4040 1606 4045 04423 KM µy 4$$ .S55A7 4050.__.- 3m 307 _ 10631 5145 15100 3345 540.11 14040 3637 111.40 5333 WO WT 1 -L6F4.31.37 124$ f13f. - -_.._k58. 6•423 131.23 4-10 3.140 667 57.11 7170 YN476•75 15.31 71.73 534047040___7040 _-. 11040110301 7540 365.71 74-10 11330 las ___._... ,,. _. __10031 21-.5 S.123 si.as 135.11 x540 111.Mi 5040 4040 ULU 3.tri 32S.O3l 13045 SMM 245 Om 3aa 1 1 1113 M-16157 771i. 4-r 466 EXHIBIT B z n 5 c O m44 04 n iijIh&tDrNE14thAve tore Dr R„,.r,l 6Dr Nv Ra 0 NE13thAve z SRd 0 NL'!12th Ave fo Z N'WY11thAve y NES1thAve c, Rader Rd It r Martn Luther Jr 6hrd 0 NS'!9th.Ave NE 9th Ave NE 9th Ave m r L- z a INCA'8th AveImam J v NE 8th Ave 4 nM 7 2 NE 7th Ave 6tf AveN NE 6th Ave J ZONE 2 (CITY) a 0 n IZONEI (CRA) I c a CD sift iiir.,m .. Nth'1st Ave Coconut Ln 111 Y ^^ E Ocean Ave Ocean Ridge 6. ;.' 2SW is:Ave SE1stAve `- n' 4” 9i Hudson Ayr Q I...-I 0. SW 2nd Ave .,.L.ti..•r• Q Si N s .,SW 4th Ave N 1 dill 11111114tiSW5thAve r.) o, 5th Ave gerSW5thLnw o(.-., SN16th Ave m Pr m is 4SW7thAvep0 C.'1,SW 8th Avc a m ma ilirliit.) E Harbour Dr,ySN'9th Avc a 41 IlirSW10thAveHarbourDr5 l io 'SW 11th Ave stitia Ln 12th Ave JD SW 12th Ave ra yera Dr v O o o' z':" av N ' 0 c raLWoolDright Rd E ••olbrrght Rd o Main 81.d ifit cn F.,South Blvd a Hersey Dr v. N High Point". = c High Point Blvd SE 20thCt m Z- Mg. ..MIPAIL Iv it M c Fa:m Dr Briny Breezes w SW 23rd Ave y Eagle Dr Iw+r 11 111111 467 EXHIBIT C E Boynton Beach Blvd 1 1•H9- F H I A R1-1i o III 1 All° STOP SIGN STOP SIGN STOP SIGN 24' 0 I 0 / I 0 / ESTOP SIGN Im ® To ® ® TAS 24'-I-20'-20'-I--24'-f-20'-20'-+-24'-4-20' 20.-4-24.--1--20.-1 I I J J L l L__ Isss9' TI —1— 1 1 I 4 Circuit I Z Designated EVm Parking Spaces — I i m ur II I T T T e-` T I . 25' 25' 25' 25' A R1-1 I 1 W/ /,/ W 7 R1-1 T 4-25' -i If 0 R1-1 Q R1-1 0 R1-1 0 STOP SIGN I STOP SIGN STOP SIGN STOP SIGN Q 24 NE 1st Ave Q AlI s. L..I © R1-1_••_••_••_••_••_•._••_.•_•• 7 1 1 STOP SIGN/ I II-20'-4-24'-1-20'—20'-4-24'-+20'-1 I I I I I I 9' 9' 9' i -r-1 r- I 0 24' Q 21iLt'b 468 EXHIBIT D The City shall promote the Services using Promotional Materials provided by the BBCRA, at no cost to the BBCRA, as follows: 1. Within one month of the Effective Date, the City shall: a. Send an email to every member of City staff concerning the availability of the Services; b. Make an announcement concerning the availability of the Services at a City Commission meeting; c. Share Promotional Materials on the City website, which shall remain on the City website for the term of the Agreement; d. Display Promotional Materials on the televisions at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City's regular rotation of content on such televisions; e. Display Promotional Materials displayed on digital marquees controlled by the City at least once daily for the term of the Agreement; and f. Display Promotional Materials on the digital kiosk(s) at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City's regular rotation of content on such kiosks. 2. Within three months Effective Date, the City shall: a. Share Promotional Materials at least once in all City newsletters (Sailfish Speaks, Economic Development, Recreation, and Library) and once in Funfare Magazine. In the event the City is not able to waive fees for including these Promotional Materials, the City may seek and is entitled to reimbursement from the BBCRA for the actual costs of including such Promotional Materials so long as the City receives the prior, written permission of the BBCRA to incur such costs; and b. Work with the BBCRA to create and include an insert in the City's utility invoices concerning the availability of the Services. 3. The City shall allow the BBCRA to: a. Install one 4x8 sign at City Hall and Oceanfront Park to market the Services; and b. Provide and display posters or postcards marketing the Services within City facilities, including City Hall, Cultural Center, Senior Center, Hester Center, and the Carolyn Sims Center concerning the Services. 4859-3315-2162,v. 1 469 470 471 472 473 ATTACHMENT 1 AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICE by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY and CIRCUIT TRANSIT, INC. 474                                    475                                                 476                                                477                                    478                                                479                                                 480                                              481                                        482                                                483                                               484                                             485                                               486                                                     487                                            488                                                      489                                            490            491           492                                                           493 City-Wide Micro-Transit Services 1 of 18 PROFESSIONAL SERVICES CONTRACT FOR OPERATION OF CITYWIDE MICRO-TRANSIT SERVICES THIS CONTRACT is being entered into this 1st day of July, 2023 (the “Effective Date”) by and between the City Of Hollywood (hereinafter the “City”), a municipal corporation of the State of Florida and Circuit Transit Inc. (hereinafter the “Company”), a corporation organized and existing under the laws of the State of Florida, having its principal office at 501 East Las Olas, Suite 300, Fort Lauderdale, Florida SECTION A – Contract Overview A-1 Summary of Contract (a)The subject matter of this Contract is to provide the vehicles, operate and manage a micro-transit service in the Service Area as defined in and Exhibits “A” (Scope of Work) and Exhibit “B” - RFP-045-23-SK- CITYWIDE MICRO-TRANSIT SERVICES, Exhibit “D” (Service Areas”), and Exhibit E, which sets forth the terms and conditions for the performance of services described herein, and the execution hereof by the parties hereto forms a legally binding contract. In the event of a conflict, the City’s RFP Documents shall prevail unless otherwise stated in this Contract. (b)The Contract type is: This is a Non-Exclusive Contract. (c)The following documents are hereby incorporated into this Contract: (i)Exhibit “A” – Statement of Work (ii)Exhibit “B” - RFP-045-23-SK - Citywide Micro-Transit Services (iii)Exhibit “C” - Company’s Proposal (iv)Exhibit “D” - Service Areas (v)Exhibit "E" - Pricing A-2 Contract Amount The Contract Amount shall not exceed $1,128,942.00 USD for the performance period. A-3 Performance Period (a)The performance period commences from Effective Date and continues for a period of 12 months. This Agreement may be renewed by the parties for three one-year periods upon mutual agreement of the parties and said renewal shall be in writing in accordance with Section D-13 of this Contract. SECTION B – Statement of Work B-1 Statement of Work (a)Services will be provided in accordance with the Statement of Work set forth in Exhibits “A” “B”, “C”, ”D” and “E”, SECTION C – Special Conditions C-1 Project Manager/Company Representative (a)The City designates Mark L. Johnson as the Project Manager for this Contract, who may be contacted at: mjohnson@hollywoodfl.org or (954) 921-3991 The City will provide written notice to the Company should there be a subsequent Project Manager change. The Project Manager will be the Company’s principal point of contact at the City regarding any matters relating to this Contract, will provide all general direction to the Company regarding Contract performance, and will provide guidance regarding the City’s goals and policies. The Project Manager is not authorized to waive or modify any material scope of work changes or terms of the Contract. (b)The Company designates Jason Bagley as the Company Representative for this Contract, who may be contacted at jason@ridecircuit.com The Company will provide written notice to the City should there be a subsequent Company                            EXHIBIT C: Piggybacked Agreement 494 City-Wide Micro-Transit Services 2 of 18 Representative change. The City has the right to assume that the Company Representative has full authority to act for the Company on all matters arising under or relating to this Contract. C-2 Pricing and Payment (a) Payment. Payment to the Company will be made only for the actual Services performed and accepted by the City, upon receipt of an invoice submitted in accordance with Section C-4, “Invoices”. (b) The City will pay the Company in accordance with the pricing set forth in Exhibit “E” – Pricing to this Contract. (a) Reimbursable Travel Expenses. There are no reimbursable travel expenses payable under this Contract. C-3 Pricing Revisions Costing adjustments shall be governed by Exhibit “B”, Section 1.70 and as set forth below: (a) For the term of this Contract, pricing may be revised for the reason(s) set forth below: ● Change in minimum wage ● Approved decision to add additional cars ● Approved decision to adjust the number of service hours ● Approved decision to add, adjust or modify additional services that increases costs for the Company (b) Each pricing revision permitted herein must be approved in writing by the Project Manager and, if approved, shall become effective thirty (30) days after notice of the change has been received by the City, or on such earlier or later date as may be agreed upon by the parties. However, any pricing changes will be governed by the City’s Purchasing Ordinance and dependent upon the revisions, City Commission approval may be required. (c) Any pricing revision permitted pursuant to this section may be delayed or denied if the Company fails to submit a timely request or fails to provide adequate documentation in support thereof. (d) Any approved pricing revision is not retroactive, and any invoice pending on the date of approval of the pricing revision shall be paid on the basis of the pricing in effect on the date services were provided. C-4 Invoices (a) The Company will submit a monthly detailed invoice to the City, in a format to be defined by the Project Manager as negotiated with Company. Each invoice shall contain the following information: (i) the date of the invoice and invoice number; (ii) the purchase order number; (iii) the Contract Item(s) according to Exhibit E – Pricing against which charges are made; and, (iv) performance dates covered by the invoice. (v) service credits offered from advertising dollars received by Company (vi) Net revenue credits received by the Company Upon reconciliation of all errors, corrections, credits, and disputes, payment to the Company will be made in full within 30 calendar days. Invoices received without a valid purchase order number will be returned unpaid. The Company shall submit the original invoice to: accountspayable@hollywoodfl.org or mail them to: City of Hollywood Accounts Payable, Room 119 P.O. Box 2229045 Hollywood, FL 33022-9045 (b) The Company shall forward a copy of the invoice to the Project Manager, with the following items:                            495 City-Wide Micro-Transit Services 3 of 18 (i) receipts for any Reimbursable Travel Expenses, if applicable, associated with the invoice; and (ii) copy of the applicable Deliverable associated with the invoice C-5 Insurance (a) The Company shall procure and maintain, at its own expense, during the entire term of the Contract, the insurance coverages as identified in Exhibit “B”, Section 3.17: (b) The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this contract. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this contract. The City must be provided a signed statement from insurance agency of record that the full policy contains no such exception. Submit certificates of insurance to: City of Hollywood Department of Development Services P.O. Box 2229045 Hollywood, FL 33022-9045 A certified, true and exact copy of each of the project specific insurance policies (including renewal policies) required under this Section C-5 shall be provided to the City if so requested. (c) The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer and licensed by the State of Florida and the company or companies must maintain a minimum rating of A-VII, as assigned by the A.M. Best Company. (d) If the Company fails to carry the required insurance, the City may (i) order the Company to stop further performance hereunder, declare the Company in breach, pursuant to Section C-6, terminate the Contract if the breach is not remedied and, if permitted, assess liquidated damages, or (ii) purchase replacement insurance and withhold the costs or premium payments made from the payments due to the Company or charge the replacement insurance costs back to the Company. (e) Any subcontractor or sub consultant approved by the City shall be required to procure, maintain and submit proof of insurance to the City of the same insurance requirements as specified above, and as required in this paragraph. (f) The Company is encouraged to purchase any additional insurance it deems necessary. (g) The Company is required to make its best efforts to remedy all injuries to persons and damage or loss to any property of the City caused in whole or in part by the Company, its subcontractors or anyone employed, directed or supervised by the Company. C-6 Warranty – Services The Company warrants that the services shall be performed in full conformity with this Contract and Exhibits “A” and “B”, with the professional skill and care that would be exercised by those who perform similar services in the commercial marketplace, and in accordance with accepted industry practice. In the event of a breach of this warranty, or in the event of non-performance or failure of the Company to perform the services in accordance with this Contract, the Company shall, at no cost to the City, re-perform or perform the services so that the services conform to the warranty. However, if Company fails to perform, City may terminate this Agreement with or without cause consistent with Exhibit “A”.                            496 City-Wide Micro-Transit Services 4 of 18 SECTION D – General Conditions D-1 Legal Notice (a) All legal notices required pursuant to the terms and conditions of this Contract shall be in writing unless an emergency situation dictates otherwise. Any notice required to be given under the terms of this Contract shall be deemed to have been given when (i) received by the party to whom it is directed by hand delivery or personal service, (ii) transmitted by facsimile with confirmation of transmission, (iii) transmitted by email with confirmation of receipt by addressee, or (iv) sent by U.S. mail via certified mail-return receipt requested at the following addresses: FOR THE CITY: Project Manager City of Hollywood 2600 Hollywood Blvd., Rm. 308 Hollywood, FL 33020 WITH A COPY TO: City Attorney City of Hollywood 2600 Hollywood Blvd., Rm. 407 Hollywood, FL 33020 FOR THE COMPANY: James Mirras Circuit Transit Inc. 501 East Las Olas Suite 300 Fort Lauderdale, FL 33301 (b) The parties shall provide written notification of any change in the information stated above. (c) An original signed copy, via U. S. Mail, shall follow facsimile transmissions. (d) For purposes of this Contract, legal notice shall be required for all matters involving potential termination actions, litigation, indemnification, and unresolved disputes. This does not preclude legal notice for any other actions having a material impact on the Contract. (e) Routine correspondence should be directed to the Project Manager or the Company Representative, as appropriate. D-2 Notice of Delay (a) If timely performance by the Company is jeopardized by the non-availability of City provided personnel, data, or equipment, the Company shall notify the City immediately in writing of the facts and circumstances causing such delay. Upon receipt of this notification, the City will advise the Company in writing of the action which will be taken to remedy the situation. (b) The Company shall advise the City in writing of an impending failure to meet established milestones or delivery dates based on the Company’s failure to perform. Notice shall be provided as soon as the Company is aware of the situation; however, such notice shall not relieve the Company from any existing obligations regarding performance or delivery. D-3 Termination for Convenience The City shall have the right at any time to terminate further performance of this Contract, in whole or in part, for any reason whatsoever (including no reason) within 120-days notice and as more specifically set forth in Exhibit “B”. Such termination shall be effected by written notice from the City to the Company specifying the extent and effective date of the termination. On the effective date of the termination, the Company shall terminate all work and take all reasonable actions to mitigate expenses. The Company shall submit a written request for incurred costs for services performed through the date of termination and shall provide any substantiating documentation requested by the City. In the event of such termination, the                            497 City-Wide Micro-Transit Services 5 of 18 City agrees to pay the Company within thirty (30) days after receipt of a correct, adequately documented written request. The City’s sole liability under this Section is for payment of costs for services requested by the City and actually performed by the Company. D-4 Event of Default (a) If, during the term of this Contract, the Company (i) fails to deliver services that comply with the specifications, (ii) fails to deliver the services within the time specified in in this Contract including Exhibit “A” (iii) fails to make progress so as to endanger the performance of this Contract, (iv) becomes insolvent, bankrupt or makes an assignment for the benefit of creditors, or if a receiver or trustee in bankruptcy is appointed for the Company, or if any proceeding in bankruptcy, receivership, or liquidation is instituted against the Company and is not dismissed within 30 days following commencement thereof, or (v) fails to perform any of the other obligation or requirement of this Contract, then any of the aforementioned failures shall constitute an “Event of Default” under this Contract. Events of Default shall also include those items set forth in Exhibit “B” specifically Section 1.63. (b) If there occurs an Event of Default, the Company shall be entitled to 10 calendar days from written notice thereof to remedy the Event of Default, provided, however, such is capable of being remedied within that period. If the Event of Default can be remedied, but the remedy cannot be completed within the ten-day period, the Company may be allowed such additional time as may be reasonably necessary to remedy the Event of Default, provided, however, the remedy is commenced within the 10 day period and is diligently pursued to completion. If the Event of Default is incapable of remediation, or is not remedied as required herein, the City may, in addition to any other remedies available in law or equity, invoke any of the remedies provided for under Section D-5, “Termination for Default”, below and as set forth in Exhibit “B” Section 1.64. D-5 Termination for Default (a) If the Event of Default is not remedied as required pursuant to Section D-4, “Event of Default”, the City may, by written notice to the Company pursuant to Section D-1, “Legal Notice”, terminate this Contract in whole or in part. (b) If this Contract is terminated in whole or in part because the Company has failed to provide services in compliance with the specifications by the deadline of remediation period, the City may acquire, under reasonable terms and in a manner it considers appropriate, replacement goods that are comparable to the services that the Company failed to deliver to the City, and the Company shall be liable to the City for any excess costs related thereto. If the City terminates this Contract only in part, the Company shall continue to perform the un-terminated obligations or portions of this Contract. (c) Force Majeure. This Contract shall be governed by the Force Majeure provision in Exhibit “B”, Section 7.34. (d) The City retains the right to terminate for default immediately if the Company fails to maintain the required levels of insurance, fails to comply with applicable local, state, and Federal statutes governing performance of these services, or fails to comply with statutes involving health or safety. D-6 Limitation of Funding Company acknowledges that the obligation of City to pay Company is limited to the availability of funds appropriated in a current fiscal year period, and continuation of Contract into a subsequent fiscal year is subject to the appropriation of funds, unless otherwise authorized by law. The City reserves the right to reduce estimated or actual quantities, in whatever amount necessary, without prejudice or liability to the City, if funding is not available or if legal restrictions are placed upon the expenditure of monies for the services required under this Contract. In the event of a decrease or limitation in funding the Company reserves the right to reduce service levels or suspend service as needed. D-7 Changes – Fixed-Price Goods or Services (a) The City may at any time, , and without notice to the sureties, if any, request changes within the general scope of this Contract in any one or more of the following: (i) Description of services to be performed or goods to be provided including types of vehicles and number of vehicles. (ii) Time of performance (i.e., hours of the day, days of the week, etc.). (iii) Place of performance of the services.                            498 City-Wide Micro-Transit Services 6 of 18 (iv) Time or place of delivery of goods (b) Upon written mutual agreement, Company and the City will determine the appropriate adjustment(s) to the services. (c) Any change to the cost of services will be based upon the schedule in Exhibit E: Pricing as determined by types of vehicles, number of vehicles and operating hours. (d) The Company must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order; however, if the City decides that the facts justify, the City may receive and act upon a proposal submitted before final payment of the Contract. (e) If the mutually agreed adjustment includes the cost of property made obsolete or excess by the change, the City shall have the right to prescribe the manner of the disposition of the property. (f) The Company shall provide current, complete, and accurate documentation to the City in support of any request for equitable adjustment. Failure to provide adequate documentation, within a reasonable time after a request from the City, will be deemed a waiver of the Company’s right to dispute the equitable adjustment proposed by the City, where such equitable adjustment has a reasonable basis at the time it is determined by the City. D-8 Entire Contract, Section and Paragraph Headings (a) This Contract, including all Exhibits, represents the entire and integrated agreement between the City and the Company. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Contract. (b) The section and paragraph headings appearing in this Contract are inserted for the purpose of convenience and ready reference. They do not purport to define, limit or extend the scope or intent of the language of the sections and paragraphs to which they pertain. D-9 Severability The invalidity, illegality, or unenforceability of any provision of this Contract or the occurrence of any event rendering any portion or provision of this Contract void shall in no way affect the validity or enforceability of any other portion or provision of this Contract. Any void provision shall be deemed severed from this Contract, and the balance of this Contract shall be construed and enforced as if this Contract did not contain the particular portion or provision held to be void. The parties further agree to amend this Contract 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 clause shall not prevent this entire Contract from being void should a provision which is of the essence of this Contract be determined void. D-10 Waiver Waiver of any of the terms of this Contract shall not be valid unless it is in writing signed by each party. The failure of the City to enforce any of the provisions of this Contract, or to require performance of any of the provisions herein, shall not in any way be construed as a waiver of such provisions or to affect the validity of any part of this Contract, or to affect the right of the City to thereafter enforce each and every provision of this Contract. Waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach of this Contract. D-11 Modification/Amendment This Contract shall not be modified or amended except by the express written agreement of the parties, signed by a duly authorized representative for each party. Any other attempt to modify or amend this Contract shall be null and void and may not be relied upon by either party. D-12 Assignment Neither party may assign their rights nor delegate their duties under this Contract without the written consent of the other party. Such consent shall not be withheld unreasonably. Any assignment or delegation shall not relieve any party of its obligations under this Contract. D-13 Indemnification In addition to the insurance requirements set forth in Section C-5, “Insurance”, the Company shall protect, indemnify and hold harmless the City, its officers, employees, agents, and consultants (collectively herein the “City”) from any and all                            499 City-Wide Micro-Transit Services 7 of 18 claims, liabilities, damages, losses, suits, actions, decrees, and judgments including, attorney's fees, court costs or other expenses of any and every kind or character (collectively herein the “Liabilities”) which may be recovered from or sought against the City, as a result of, by reason of, or as a consequence of, any intentional, wrongful or negligent act or omission, on the part of the Company, its officers, employees, or agents in the performance of the terms, conditions and covenants of the Contract, regardless of whether the Liabilities were caused in part by the City. This provision includes the indemnity requirements set forth in Exhibit “A”, Section 1.46. The provisions and obligations under this section shall survive the expiration or earlier termination of this Agreement. Nothing in this Contract shall be construed to affect in any way the City’s rights, privileges, and immunities under the doctrine of “sovereign immunity” and as set forth in Section 768.28, Florida Statutes. It is expressly agreed that the Company shall defend the City against the Liabilities and in the event that the Company fails to do so, the City shall have the right, but not the obligation, to defend the same and to charge all direct and incidental costs, including attorney’s fees and court costs, to the Company. D-14 Patent Indemnity The Company hereby indemnifies and shall defend and hold harmless the City and its representatives respectively from and against all claims, losses, costs, damages, and expenses, including attorney’s fees, incurred by City and its representatives, respectively, as a result of or in connection with any claims or actions based upon infringement or alleged infringement of any patent and arising out of the use of the equipment or materials furnished under the contract by the Company, or out of the processes or actions employed by, or on behalf of the Company in connection with the performance of the Contract. The Company shall, at its sole expense, promptly defend against any such claim or action unless directed otherwise by the City or its representative; provided that the City or its representatives shall have notified the Company upon becoming aware of such claims or actions and provided further that the Company’s aforementioned obligations shall not apply to equipment, materials, or processes furnished or specified by the City or its representatives. Said Patent Indemnity includes the provisions set forth in Exhibit “B”, Section 7.47, Patent and Copyright Indemnification. D-15 Audit of Records (a) In addition to the Audit requirements set forth below, the parties shall be governed by the Audit requirements set forth in Exhibit “B”, Section 7.28, Audit Rights. (b) The Company agrees to maintain the financial books and records (including supporting documentation) pertaining to the performance of this Contract according to standard accounting principles and procedures. The books and records shall be maintained for a period of three years after completion of this Contract, except that books and records which are the subject of an audit finding shall be retained for three years after such finding has been resolved. If the Company goes out of business, the Company shall forward the books and records to the City to be retained by the City for the period of time required herein. (c) The City or its designated representative(s) shall have the right to inspect and audit (including the right to copy and/or transcribe) the books and records of the Company pertaining to the performance of this Contract during normal business hours. The City will provide prior written notice to the Company of the audit and inspection. If the books and records are not located within Broward County, the Company agrees to deliver them to the City, or to an address designated by the City within Broward County. In lieu of such delivery, the Company may elect to reimburse the City for the cost of travel (including transportation, lodging, meals and other related expenses) to inspect and audit the books and records at the Company’s office. If the books and records provided to the City are incomplete, the Company agrees to remedy the deficiency after written notice thereof from the City, and to reimburse the City for any additional costs associated therewith including, without limitation, having to revisit the Company's office. The Company's failure to remedy the deficiency shall constitute a material breach of this Contract. The City shall be entitled to its costs and reasonable attorney fees in enforcing the provisions of this Section. (d) If at any time during the term of this Contract, or at any time after the expiration or termination of the Contract, the City or the City’s designated representative(s) find the dollar liability is less than payments made by the City to the Company, the Company agrees that the difference shall be either: (i) repaid immediately by the Company to the City or (ii) at the City’s option, credited against any future billings due the Company. D-16 Confidentiality – City Information (a) The parties acknowledge that this Contract is subject to Chapter 119, Florida Statutes, entitled the “Public Records Act”.                            500 City-Wide Micro-Transit Services 8 of 18 (b) All information, including but not limited to, oral statements, computer files, databases, and other material or data supplied to the Company is confidential and privileged. The Company shall not disclose this information, nor allow to it be disclosed to any person or entity without the express prior written consent of the City. The Company shall have the right to use any such confidential information only for the purpose of providing the services under this Contract, unless the express prior, written consent of the City is obtained. Upon request by the City, the Company shall promptly return to the City all confidential information supplied by the City, together with all copies and extracts. (c) The confidentiality requirements shall not apply where (i) the information is, at the time of disclosure by the City, then in the public domain; (ii) the information is known to the Company prior to obtaining the same from the City; (iii) the information is obtained by the Company from a third party who did not receive the same directly or indirectly from the City; or (iv) the information is subpoenaed by court order or other legal process, but in such event, the Company shall notify the City. In such event the City, in its sole discretion, may seek to quash such demand. (d) The obligations of confidentiality shall survive the termination of this Contract. D-17 Marketing Restrictions The Company may not publish or sell any information from or about this Contract without the prior written consent of the City. This restriction does not apply to the use of the City’s name in a general list of customers, so long as the list does not represent an express or implied endorsement of the Company or its services. This restriction does not apply to general marketing of the services to promote and inform the public about the services. D-18 Taxes/Compliance with Laws (a) The Company, in the performance of the obligations of this Contract, shall comply with all applicable laws, rules and regulations of all governmental authorities having jurisdiction over the performance of this Contract including, but not limited to, the Federal Occupational Safety and Health Act. D-19 Licenses/Registrations During the entire performance period of this Contract, the Company shall maintain all federal, state, and local licenses, certifications and registrations applicable to the work performed under this Contract, including maintaining an active City of Hollywood business license if required. D-20 Non-Discrimination and Fair Employment Practices (a) Discrimination: The City of Hollywood is committed to promoting full and equal business opportunity for all persons doing business in Hollywood. The Company acknowledges that the City has an obligation to ensure that public funds are not used to subsidize private discrimination. Company recognizes that if the Company or their subcontractors or subconsultants are found guilty by an appropriate authority of refusing to hire or do business with an individual or company due to reasons of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other legally protected status; City may declare the Company in breach of contract and terminate Contract. (b) Fair Employment Practices: In connection with the performance of work under this Contract, the Company agrees not to discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other legally protected status. Such agreement shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (c) The Company further agrees to insert this provision in all subcontracts hereunder. Any violation of such provision by a Company shall constitute a material breach of this Contract. D-21 Employment of Unauthorized Aliens In accordance with the Immigration Reform and Control Act of 1986, the Company agrees that it will not employ unauthorized aliens in the performance of this Contract. D-22 Conforming Services                            501 City-Wide Micro-Transit Services 9 of 18 The services performed under this Contract shall conform in all respects with the requirements set forth in this Contract. The Company shall furnish the City with sufficient data and information needed to determine if the services performed conform to all the requirements of this Contract. D-23 Independent Contractor In the performance of services under this Contract, the Company and any other person employed by it shall be deemed to be an independent contractor and not an agent or employee of the City. The Company shall be liable for the actions of any person, organization or corporation with which it subcontracts to fulfill this Contract. The City shall hold the Company as the sole responsible party for the performance of this Contract. The Company shall maintain complete control over its employees and all of its subcontractors. Nothing contained in this contract or any subcontract awarded by the Company shall create a partnership, joint venture or agency with the City. Neither party shall have the right to obligate or bind the other party in any manner to any third party. D-24 Official, Agent and Employees of the City Not Personally Liable It is agreed by and between the parties of this Contract, that in no event shall any official, officer, employee, or agent of the City in any way be personally liable or responsible for any covenant or agreement therein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this Contract. D-25 Public Records The City is a public agency as defined by state law and is governed by Chapter 119, Florida Statutes, “Public Records Act”. The City’s Records are public records, which are subject to inspection and copying by any person (unless declared by law to be confidential). The following provisions are required by Section 119.0701, Florida Statutes, and may not be amended. Company shall comply with the public records law. Company shall keep and maintain public records required by the City in the performance of services under this Contract. Upon request from City’s custodian of records, Company shall provide City with a copy of any requested public records or to allow the requested public records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Company shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract’s term and following completion of the Contract if Company does not transfer the public records to City. Upon completion of the Contract, Company shall transfer, at no cost, to City, all public records in its possession or keep and maintain public records required by City to perform the services required under this Contract. If Company transfers all of the public records to City upon completion of the Contract, Company shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Company keeps and maintains public records upon completion of the Contract, Company shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the city’s custodian of public records, in a format that is compatible with the information technology systems of the City. IF A PARTY TO THIS CONTRACT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT PATRICIA A. CERNY, CITY CLERK CUSTODIAN OF PUBLIC RECORDS AT (954) 921-3211, PCERNY@HOLLYWOODFL.ORG, 2600 HOLLYWOOD BLVD., HOLLYWOOD, FLORIDA 33020 AND STEVE STUART DIRECTOR OF PROCUREMENT AT (954) 921-3628 SSTEWART@HOLLYWOODFL.ORG. D-26 Use By Other Government Entities A governing body or its authorized representative and the State of Florida may join or use the contracts of local governments located within or outside this State with the authorization of the contracting vendor. It is understood and agreed by Company and the City that any governmental entity may purchase the services specified herein in accordance with the prices, terms, and conditions of this Agreement. It is also understood and agreed that each local entity will establish its own contract with Company, be invoiced therefrom and make its own payments to Company in accordance with the terms of the contract established between the new governmental entity and Company. In the event the Company allows another governmental entity to join the Contract, it is expressly understood that the City shall in no way be liable for the obligations of the joining governmental entity.                            502 City-Wide Micro-Transit Services 10 of 18 D-27 Governing Law This Contract, including appendices and Exhibits, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence or otherwise), shall be governed by, and construed in accordance with, the laws of the State of Florida. This shall apply notwithstanding such factors which include, but are not limited to, the place where the contract is entered into, the place where the accident occurs and notwithstanding application of conflicts of law principles. The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. D-28 Counterpart Signatures This Contract may be executed in counterparts. All such counterparts will constitute the same contract and the signature of any party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by facsimile or e-mail and upon receipt will be deemed originals and binding upon the parties hereto, regardless of whether originals are delivered thereafter. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives. CITY OF HOLLYWOOD COMPANY Name, Title Name, Title Date ATTEST: Date APPROVED AS TO FORM: Name, Title Date                                   503 City-Wide Micro-Transit Services 11 of 18 EXHIBIT A – STATEMENT OF WORK Company to develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) in the areas identified in Exhibit D The Service will have the ability to be on demand and include smart stops as specified in this Statement of Work The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate throughout downtown Hollywood, the Beach, and portions of West Hollywood. The Service shall: ● Operate in two micro-transit zones (MTZ-1/MTZ-2), covering approximate 4.6 square miles of coverage area, and provide on-demand service as illustrated in Exhibit D. ● Operate a 6-month on-demand pilot test (MTZ-3), covering approximately 1.97 square miles of coverage area as illustrated in Exhibit D. ● Operate a Pilot Fixed Route service between designated pick-up locations within Hollywood West and designated Beach/Downtown locations using a E-van from MTZ-1 as illustrated in Exhibit D ● Ability to supplement any part of the service with a fixed route if deemed necessary through data and public needs. ● Hours of operation and headways are to be initially proposed by Company until the level of demand is identified after a few months of operation and data collection. ● Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. ● Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. ● Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. ● Feature a mobile application downloadable from both the Apple Store and Google Play Store with which will have the ability to charge a fee for service via a secured credit card payment system. ● Feature a mobile application where the user will be able to locate his or her position and contact the next approaching vehicle with approximate wait times. ● Provide a dedicated phone line so that users can call and request assistance. ● System will be operational within 45 days from Notice to Proceed to include vehicle procurement, financial operating plan, sufficient liability coverage and mobile application. Service will be adjusted based upon needs identified from six months of data and the availability of funds. Once six months of data is received and analyzed per Data Reporting requirements in Section 1.9, b. the City and Company shall meet and negotiate terms for the year two renewal period. Ridership, service levels, service area, number of vehicles, ad revenue, fare revenue and overall contract performance will be determining factors in determining if service will remain the same or expand based on ridership demand. 1.1 Mobile Application a. Company to provide a mobile application which allows riders to request pick up and drop off locations. b. Ability to allow the user to connect from one mirco-transit zone to another (MTZ-2 and MTZ-3 will be combined into a single zone for the purpose of the pilot test) c. At no cost to the City, maintain updates to the application and be compatible to smart phones and other mobile devices. d. Provide ability to charge a fee per rider and issue discounts via promo-codes. e. Provide users with approximate time until pick up. f. Allow users to rate drivers and provide feedback. g. Feature a Google Maps based map (or equivalent) that identifies the boundaries of each Service Area. h. After a ride request has been accepted by a driver, depict the real-time location of vehicles on a map of the appropriate Service Area. i. Ability to track party and usage data. 1.2 Marketing and Branding a. In coordination with the City of Hollywood, the Company will develop and implement a branding strategy. Company will not implement any branding strategy without prior written approval from the City. Any changes to the branding strategy must be approved in writing by the City prior to implementation. b. Company to develop and implement a marketing program to promote awareness of the program. The City will have the right to request changes to the marketing program.                            504 City-Wide Micro-Transit Services 12 of 18 c. The City retains the right to review marketing materials prior to use and request changes or withdrawal of any marketing materials. 1.3 Vehicles and Infrastructure a. Company to procure, store, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. i. Fleet Size. Unless the parties agree otherwise, Company will acquire and operate at its own expense no fewer than 8 GEM vehicles (includes one ADA accessible GEM on standby), 2 EV Vans (1 ADA Accessible), and 1 EV Sedan as part of this Service. Company to maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. b. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. c. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Contract, Company may include but is not limited to branding to all wheels, hoods, front panels, coping, roof and rear fenders unless otherwise approved by the City. ii. Company to develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the City. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Contract, unless otherwise approved by the City. d. Licensing. Company to obtain and maintain proper licensing and registration of all vehicles at all times. e. Charging. The City will make available to the Company, City owned charging stations for vehicles although the City cannot ensure the availability of charging stations to service all vehicles in the fleet to satisfy the levels of service required by this Contract. Company to ensure charging stations are available to adequately service all vehicles in the fleet to satisfy the levels of service required by this Contract. f. Storing. The City will provide parking and operation space in a City-owned parking facility. Company will be responsible for storing and securing vehicles during times of non-operation. g. Maintenance and replacement. At Company’s sole cost, Company to maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. Vehicles to be free of graffiti, vandalism, defacement and other damage to the satisfaction of the City. Company will replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations or it is no longer able to be maintained in accordance with the requirements of this Contract. Company to use its best efforts to restore non-operational vehicles to operation within 10 business days from the date of any incident requiring the vehicle to be removed from operation. Company to provide verbal and written notice of the City of any delay in restoring a non- operational vehicle that extends beyond ten (10) business days from the date of malfunction. If the city determines that any such delay is due to Company’s lack of diligence the City will have the right to pursue any remedy provided for in this Contract or at law or equity. 1.4 Staffing a. General. Company to provide sufficient staffing to maintain levels of service required by this Contract. All persons provide services pursuant to this Contract will be employees, contractors or consultants hired by the Company. Company is solely responsible for all staffing decisions made pursuant to this Contract. b. Drivers. Company to obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Company will not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Company will not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Company to review each driver’s driving and criminal records at least annually. c. Company to provide Living Wage and tips. 1.5 Attaining and Maintaining Levels of Service (LOS) a. General. Company to provide an LOS that meets customer demands at all times of Service operations.                            505 City-Wide Micro-Transit Services 13 of 18 b. Service Level review. Company and City to meet at least annually to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. 1.6 Trip Sharing a. The Services may permit drivers to transport more than one (1) party but no more than Five (5) parties in GEM vehicles, Three (3) parties in an E-Sedan, and Twelve (12) parties in the E-van, and Eight (8) parties in the ADA E-van simultaneously under the following conditions: i. Each passenger has a separate seatbelt. ii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. 1.7 Operational Requirements a. Company and all its employees, officers, managers, staff, subcontractors and subconsultants will comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Contract including but not limited to all laws and regulations regarding the safe operation of vehicles. Company to prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. b. Company must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Transportation Authority. Company is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. c. Company to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. d. Company and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. e. Company is permitted to establish reasonable restrictions on the provision of services to non-service animals. 1.8 Operating Hours a. Company to provide the Service for 11 hours per day, seven days (7) days per week for MTZ Zone 1 b. Company to provide the Service for 8 hours per day, seven (7) days per week for MTZ Zone 2 c. Company to provide the Service for 8 hours per day, seven (7) days per week, for 6 months for MTZ Pilot Zone 3 d. Company to remove 1 EV-van from service in MTZ-1 to provide Fixed Route Service 2 days per week for a period of 6 months between established pick-up/drop off locations within MTZ 2 & 3 and the Hollywood Historic Downtown and the Beach area. e. After the Data Review, hours of operation may be adjusted as mutually agreed upon in writing by the parties. 1.9 Levels of Service Reporting a. Company to provide the city with monthly, quarterly and annual level of service and operations/financial reports for each micro-transit zone. Upon request, Company will provide the City with weekly level of service reports for each micro-transit zone. b. Data Reports to include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received on a daily, weekly and monthly basis. c. Quarterly Reports d. Annual Reports                            506 City-Wide Micro-Transit Services 14 of 18 1.10 Operational/Financial Report within thirty (30) days after each month, quarter and year, as applicable Company to submit to City Operational/Financial Reports containing the following information: a. Annual budget b. Annual and monthly financial information include revenue generated (including advertisement sales and miscellaneous revenue), expenses and capital resources. 1.11 Advertisement Sales a. Company shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Advertising Revenue in the amount of $115,100.00 shall be guaranteed annually (Annual Guaranteed Amount). All Advertising Revenue collected by the Company above the Annual Guaranteed Amount will belong to the Company. Company shall credit the City’s monthly invoices for each MTZ with a prorated portion of the Annual Guaranteed Amount as shown in Exhibit E (Pricing). 1.12 Ridership Fares a. Company shall collect ridership fares for the services. b. Company shall credit the City’s monthly invoice for each micro-transit zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. c. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less all costs and expenses, including but not limited to sales taxes or other taxes imposed by law, Company administrative expenses, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Company will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations.                            507 City-Wide Micro-Transit Services 15 of 18 EXHIBIT B – RFP-045-23-SK - Citywide Micro-Transit Services                            508 REQUEST FOR PROPOSAL RFP-045-23-SK CITYWIDE MICRO-TRANSIT SERVICES FOR THE CITY OF HOLLYWOOD, FLORIDA (CITY) RFP Issue Date: February 1, 2023 Questions Due Date: February 22, 2023 Submittal Due Date: March 9, 2023, 3:00 pm                            509 City of Hollywood RFP-045-23-SK CITYWIDE MICRO-TRANSIT SERVICES TABLE OF CONTENTS I. SUMMARY ............................................................................................................ II. INTRODUCTION ................................................................................................... III. SPECIAL TERMS AND CONDITIONS .................................................................. IV. SCOPE OF SERVICE ........................................................................................... V. EVALUATION CRITERIA ...................................................................................... VI. EVALUATION COMMITTEE ................................................................................. VII. GENERAL TERMS AND CONDITIONS ................................................................ VIII. PROPOSAL SUBMISSIONS ................................................................................. Attachments: A - EXHIBIT A - CSP_Routes_and_Schedules B - Exhibit B-MTZ_Zones C - Exhibit C-Pricing                            510 3 1. SUMMARY 1.1. Summary The City is seeking shared public sector transit services that offer dynamically allocated routes and schedules in response to individual or aggregate consumer demand, using smaller vehicles and capitalizing on mobile GPS and internet connectivity. The City has successfully funded the operation of a micro-transit service in the downtown and A1A corridor for the last 4 years. The micro transit services have been well accepted with increasing ridership. The Current contract is set to expire and would like the opportunity to solicit new proposals that would complement a new community shuttle service as well as expansion of the service to other areas of the City, especially west of I-95. The goal of the micro-transit service will be to transition paratransit customers by transporting them in a less expensive manner to a fixed route transfer point and/or address areas in the City with high concentrations of older and low-income residents who need access to transit. Any rider fees will be determined by the City and 100% of all net proceeds from fees generated by riders will be returned to the City in the form of a credit to each monthly invoice. The City has the right to audit the Contractor’s collection of fees. The successful Vendor/Contractor will have demonstrated demand response experience particularly in areas with no existing service. The Contractor will own or have access to a fleet of environmentally friendly and sustainable vehicles that include fully accessible minibuses with capacity between 12 and 28 passengers. Vehicles should be small enough for energy efficiency, but large enough to handle occasional larger demands (schools, employment centers, transfer stations). Smaller low speed electric vehicles may be used on smaller streets and more acceptable neighborhoods. The strategic objective of this initiative is to identify and implement a sustainable micro -transit system that moves people to and from their destination. Another strategic objective is that over time this program will transition to being fully supported by the business community in Hollywood, Hollywood Beach, and the surrounding area. 1.2. Background Currently the City plans to operate a Community Shuttle System with three fixed routes (Northwest Loop - City Hall to N. Beach Park, A1A Loop - N. Beach Park to E Hallandale Blvd. and a Southeast Loop - City Hall to Pembroke Rd.) The fixed route system is expected to be operational by mid-2023 and will provide public transportation service to improve mobility, and ease parking demand and traffic congestion. This service is funded by Broward County Transit. In addition, there are Broward County buses, routes #1, 4, 7, 9 and US1 Breeze, providing services on a daily basis. 1.3. Contact Information Simone Knight Senior Purchasing Agent Email: sknight@hollywoodfl.org Phone: (954) 921-3200                            511 4 Department: Development Services (Engineering, Building, Code Compliance, Community Development and Planning) 1.4. Timeline Release Project Date February 1, 2023 Pre-Proposal Meeting (Non- Mandatory) February 9, 2023, 10:00am Join from the meeting link https://cohfl.webex.com/cohfl/j.phpMTID=m6cb a791171165ad4ecd518f286c6c012 OR Join by meeting number Meeting number (access code): 2633 159 9680 Meeting password: 9PEjbnnYC32 OR Join from a mobile device (attendees only) +1-408-418-9388 Meeting number (access code) 2633 159 9680 Question Submission Deadline February 22, 2023, 5:00pm Proposal Submission Deadline March 9, 2023, 3:00pm                            512 5 2. INTRODUCTION 2.1. Purpose The City of Hollywood, Florida (City) is seeking responses from qualified and experienced firms, hereinafter referred to as the Contractor or Proposer, to provide Micro -transit rider services for the City, in accordance with the terms, conditions, and specifications contained in this solicitation. Responses to this solicitation are due by Thursday, March 9, 2023 at 3:00 pm, and will be opened in a virtual public setting on March 1, 2023 at 4:00PM (EST) at https://cohfl.webex.com/cohfl/j.php?MTID=m2fa08f6728891bc5bc2d389b3a3e4290 . Submittals shall be received electronically through OpenGov Procurement. Hard copy submittals will not be accepted. Submittals shall be considered an offer on the part of the bidder/proposer, which offer shall be deemed accepted upon approval of the City, and in case of default, the City reserves the right to accept or reject any or all bids/proposals, to waive irregularities and technicalities, and request new bids/proposals. The City also reserves the right to award any resulting agreement as it deems will best serve the interests of the city. 2.2. Pre-Proposal Conference and/or Site Visit (Non-Mandatory) There will be a non-mandatory pre-proposal conference and/or site visit scheduled for this solicitation. Attendance is required if the event is mandatory, and in the event that it is non- mandatory, it is strongly suggested that all Contractors attend the pre-proposal conference and/or site visit to receive information that may be critical to their understanding of this solicitation. Please keep in mind that site visits at other times might not be available. It is the sole responsibility of the Contractor to become familiar with the scope of the City’s requirements prior to submitting a proposal. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. 2.3. OpenGov The City of Hollywood uses Opengov, the e-Procurement Portal (“Portal”) (https://procurement.opengov.com/portal/hollywoodfl/projects/36720) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended decision. The City shall not be responsible for a Proposer’s inability to submit a proposal by the proposal end date and time for any reason, including issues arising from the use of OpenGov. 2.4. Point of Contact For information concerning procedures for responding to this solicitation, contact the Point of Contact within the Office of Procurement Services, Simone Knight, Senior Purchasing Agent at sknight@hollywoodfl.org or by phone at (954) 921-3200, or Steve Stewart, Chief Procurement Officer (CPO), at sstewart@hollywoodfl.org or by phone at (954) 921-3232. Such contact is to be for clarification purposes only. All questions must be submitted in writing via the Portal by Wednesday, February 22, 2023, by 5:00 pm, in order to receive a timely response.                            513 6 Project Manager: Solange Baquero, Administrative Specialist II, at dbaquero- meza@hollywoodfl.org or by phones at (954) 921-3900 Ext: 6641. For information concerning technical specifications, please utilize the question and answer feature provided by the Portal at https://procurement.opengov.com/portal/hollywoodfl. Questions of a material nature must be received prior to the cut-off date specified in the solicitation schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of the the Project Page). Proposers please note: No part of your proposal can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire proposal response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in the Portal shall become part of any contract that is c reated from this solicitation. It is the sole responsibility of the Proposer to ensure that their proposal is submitted electronically through the Portal. 2.5. Cone of Silence The City of Hollywood City Commission adopted Ordinance No. O-2007-05, which created Section 30.15(F) imposing a Cone of Silence for certain City purchases of goods and Services. The Cone of Silence refers to limits on communications held between vendors and vendor’s representatives and City elected officials, management and staff during the period in which a Formal Solicitation is open. The Ordinance does allow potential vendors or vendor’s representatives to communicate with designated employees for the limited purpose of seeking clarification or additional information. The names and contact information of those employees that may be contacted for clarification or additional information are included in the solicitation. The Cone of Silence does not prohibit a vendor or vendor’s representative from communicating verbally, or in writing with the City Manager, the City Manager’s designee, the City Attorney or the City Attorney’s designee on those procurement items to be considered by the City Commission. The Cone of Silence does not prohibit a vendor or vendor’s representative from making public presentations at a duly noticed pre-proposal conference or duly noticed evaluation committee meeting or from communicating with the City Commission during a duly noticed public meeting. The Cone of Silence shall be imposed when a formal competitive solicitation has been issued and shall remain in effect until an award is made, a contract is approved, or the City Commission takes any other action which ends the solicitation. To view the Cone of Silence, go to the City of Hollywood Code of Ordinance online, and view Section 30.15F. All communications regarding this solicitation should be sent in writing to the Procurement Services Division as identified in this solicitation.                            514 7 3. SPECIAL TERMS AND CONDITIONS 3.1. Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the Point of Contact utilizing the question and answer feature provided by the Portal and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed or the solicitation process will be answered within the question and answer feature provided by the Portal and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by an official written addendum issued by the City and uploaded to the Portal as a separate addendum to the solicitation. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 3.2. Changes and Alterations Proposer may change or withdraw a proposal at any time prior to proposal submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the proposal deadline. 3.3. Proposer’s Costs The City shall not be liable for any costs incurred by Proposers in responding to this solicitation. 3.4. Pricing/Delivery All pricing must include delivery and installation and be quoted FOB: Destination, unless specified otherwise in #SCOPE OF SERVICE section . 3.5. Price Validity Prices provided in this solicitation shall be valid for at least One-Hundred and Twenty (120) days from time of solicitation opening unless otherwise extended and agreed upon by the City and Proposer. 3.6. No Exclusive Contract Proposer agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City’s sole option. 3.7. Responsive In order to be considered responsive to the solicitation, the firm’s proposal shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance.                            515 8 3.8. Responsible In order to be considered as a responsible firm, firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 3.9. Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Proposer must demonstrate that they have successfully completed services, as specified in the #SCOPE OF SERVICE section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed (if required) to perform such work. In addition, the Proposer must have no conflict of interest with regard to any other work performed by the Proposer for the City. 3.10. Award of Contract Award may be in the aggregate, or by line Item, or by group, whichever is determined to be in the best interest of the City. Award will be made to the responsive and responsible Proposer, quoting the lowest price, for that product/service that will best serve the needs of the City. The City also reserves the right to accept or reject any or all proposals, part of proposals, and to waive minor irregularities or variations to specifications contained in proposals, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. 3.11. Manufacturer/Brand/Model Specific Request This is a manufacturer/brand/model specification. No substitutions will be allowed unless specified in the #SCOPE OF SERVICE section. 3.12. Contract Period The initial contract term shall commence upon date of award by the City for a one (1) year term. The City reserves the right to renew the contract for three additional one-year terms, providing all terms, conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 120 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 3.13. Warranties of Usage Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise.                            516 9 3.14. Rules and Submittals of Proposals The signer of the proposal must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person(s), company or parties submitting a proposal; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the proposal has full authority to bind the principal proposer. 3.15. Conflict of Interests Prohibited Any respondent submitting a response to this solicitation is responsible for being aware of, and complying with Section 34.02 of the City Code of Ordinances. If you have questions concerning whether you may or may not need to comply with the ordinance, please contact the City of Hollywood, City Clerk’s Office at 954-921-3211. 3.16. Protest Procedure Any respondent who is not recommended for award of a contract and who alleges a failure by the City to follow the City’s Procurement Code or any applicable law may protest to the CPO, by delivering a letter of protest to the CPO in accordance with Section 38.52 of the City’s Procurement Code within five days after a notice of intent to award is posted on the City’s web site, BIDSYNC, City Clerk’s Office, Open Government, and/or City’s Sunshine Board (https://www.hollywoodfl.org/Archive.aspx?AMID=140). 3.17. Insurance Requirements Contractor shall maintain, at its sole expense, during the term of this agreement the following insurances: A. Commercial General Liability Insurance naming the City as an additional insured with not less than the following limits: General Aggregate $1,000,000 Products-Comp/Op Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Coverage shall include contractual liability assumed under this agreement, products and completed operations, personal injury, broad form property damage, and premises- operations. B. Commercial Automobile Liability Insurance naming the City as an additional insured with not less than the following limits: Combined Single Limit $1,000,000 Coverage shall include contractual liability assumed under this agreement, owned, hired and non-owned vehicles. Worker’s Compensation:                            517 10 C. Worker’s Compensation Insurance Prior to the commencement of work governed by this contract, the contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable State statues. Limits of Liability: Statutory-State of Florida Covering the contractor and the contractor’s employees with not less than the following limits: Employers Liability: $100,000, bodily injury by accident $500,000 bodily injury by Employee $500,000 bodily injury by Policy Limit The City of Hollywood needs to be the certificate holder as per the following format: City of Hollywood (nothing else on this line) Name of Department Department Address Department Address Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-VII, as assigned by the A.M. Best Company. Please Note: The Certificate shall contain a provision that coverage afforded under the policy will not be cancelled until at least thirty (30) days prior written notice has been given to the City. Certificates of insurance, reflecting evidence of the required insurance, shall be provided to the City. In the event the Certificate of Insurance provided indicates that the insurance shall terminate and lapse during the period of this Agreement, the vendor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement or extension thereunder is in effect. The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this bid/proposal. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this bid/proposal. In order to show that this requirement has been met, along with an insurance declaration sheet demonstrating the existence of a valid policy of insurance meeting the requirements of this bid/proposal, the successful proposer must submit a signed statement from insurance agency of record that the full policy contains no such exception. The City reserves the right to require additional insurance in order to meet the full value of the contract. The City reserves the right to require any other insurance coverage it deems necessary depending upon the exposures.                            518 11 3.18. Uncontrollable Circumstances (Force Majeure) The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, acts of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: A. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and D. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 3.19. Supplier Portal (Oracle) Payment Method The City has implemented software that contains a supplier portal allowing suppliers to submit and update their information via the supplier portal. New suppliers will be required to register; and current suppliers will need to confirm and update their information. Firms are responsible for ensuring that all contact, payment, and general information is updated at all times, and will not hold the City liable for any inaccurate information. 3.20. Debarred or Suspended Bidders or Proposers Firm(s) certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any federal, state, county or municipal department or agency. 3.21. Public Records/Trade Secrets/Copyright All responses will become the property of the City. The Consultant’s response to the solicitation is a public record pursuant to Florida law and is subject to disclosure by the City pursuant to Chapter 119.07, Florida Statutes (“Public Records law”). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this solicitation and the Contract to be executed for this solicitation, subject to the provisions of Chapter 119, Florida Statutes.                            519 12 Any language contained in the Consultant’s response to the solicitation purporting to require confidentiality of any portion of the Consultant’s response to the solicitation, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Consultant submits any documents or other information to the City that the Consultant claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Consultant shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Consultant must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Consultant’s response to the solicitation constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Consultant agrees to defend, indemnify, and hold harmless the City and the City’s officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE SOLICITATION AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE SOLICITATION OR ANY PART THEREOF AS COPYRIGHTED. 3.22. PUBLIC RECORDS GENERAL Consultant shall: A. Keep and maintain public records that ordinarily and necessarily would be required by the City in order 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, Florida Statutes. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Consultant does not transfer the records to the City. D. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of this Contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of this Contract,                            520 13 the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. It is solely and exclusively the Contractor’s responsibility to familiarize itself with Chapter 119, Florida Statutes, and to ensure compliance with its requirements. 3.23. Tie Breaker In cases where there is a tie for the bid award, the award shall be made by giving preference to the low bidder(s) with the following items (in this order): • (1) maintenance of a drug-free workplace in accordance with the requirements of Florida Statutes Section 287.087, • (2) local Hollywood vendor preference, • (3) closest proximity/location to project site or City Hall, and/or • (4) minority-owned or disadvantaged business status. If a tie still exists after the aforementioned tiebreakers are utilized, the Chief Procurement Officer will make a recommendation for award among the tied bidders.                            521 14 4. SCOPE OF SERVICE 4.1. Project Description The successful Vendor/Contractor will provide a year-round micro-transit program that provides connectivity to the Community Shuttle Program (CSP), this includes areas along the US 1/Federal Highway Corridor, Historic Downtown, and Hollywood Beach areas. In addition, the service will provide connectivity to various points of interest and Transportation hubs in areas west of the City designated as micro-transit zones. The service must be reliable, predictable and easy to access. Program may include supplementary service during special events requiring vehicles, personnel and resources. Circulator services may also expand to other areas of the City to support mobility options and reduction of traffic congestion as determined by the City and City Redevelopment Agency (CRA). The applicant should provide as part of their proposal a tentative schedule of service based on their experience in similar markets and assessment of demand in the area. This schedule is subject to change and be modified depending on the needs and conditions determined by the City/CRA. 4.2. Technical Specifications The use of environmentally friendly vehicles is preferred and must meet required ADA accessibility standards. The Contractor will provide the necessary vehicles, staff, and resources to service the estimated schedule in Exhibit A - CSP Routes and Schedules throughout the term of the contract. There is no need to have vehicles equipped with GPS units although it is preferred. The Contractor shall provide professional, experienced, well-groomed hospitality-oriented personnel and resources to communicate engagingly with riders while answering their questions. Personnel must hold the required, up-to-date applicable licenses, if required, have a clean driving record and be comfortable speaking knowledgably about the City/CRA as a visitor destination. The ability to converse in English is required. Bilingual drivers and other languages (French and Spanish) is desirable, but not required. All drivers must participate in a Florida Department of Transportation (FDOT) approved drug testing program. The City/CRA reserves the right to require the immediate dismissal of any personnel who fail to meet the standard outlined above. Relief personnel shall be readily available and provided by the Vendor throughout the term of the contract. The Contractor will ensure that all personnel assigned to this program wear professional, standardized, uniforms that are clean and well-pressed at all times. The Contractor will be responsible for appropriate storage, maintenance, and operational safety of all vehicles provided for this effort. The Contractor will be responsible for replacing vehicles that break down or have mechanic problems at no extra cost to the City/ CRA. The replacement should be addressed during shift when possible but no longer than 12-24 hours from the time of the event. In the event a vehicle needs to be replaced, such replacement vehicle shall match wrapping and conditions of the vehicle that needs repairs.                            522 15 Applicants are encouraged to provide risk mitigation plans below for different time frames for vehicles to be out of service (i.e., one day, one week, one month) The Contractor will a provide a secure website and cell phone application that allows users to quickly locate and secure a ride. The application should be downloadable from the Apple Store or Play Store. The website and cell phone application should also have the ability to charge a fee for service via secure encrypted credit card payments. 4.3. Contractor Qualifications The Contractor shall submit a listing of work experience for projects similar in scope and nature to the work described in the Scope of Work. A minimum of five (5) years' experience and at least two (2) projects (preferably with a government entity) shall be submitted and include a description of the work, project value, value of the work performed by the Contractor, and work duration. The Contractor shall provide the requirements/certifications/training requirements for their drivers. NOTE: The minimum requirement by the City is that all drivers must be enrol led in an approved FDOT drug testing program and have passed a drug screening test, have the required FL driver license, and a favorable background investigation. 4.4. Deliverables and Objectives The following deliverables are required: A. Auditing tools to track vehicle usage and gross/net revenues from passenger fees and advertising. Generation of monthly reports that provide ridership totals, service heat maps with micro-transit zone usage, demand and capability analytics. In addition, reports shall contain driver performance metrics such as riders per hour, wait times, and the number of missed pick-ups. B. Reliable Transit Program. Documented daily vehicle safety inspections prior to start of day, and a documented preventive maintenance program. Reporting frequency will be determined between the City/CRA and the Contractor's ridership totals. C. Risk Mitigation Plan. A written plan that addresses risks associated with the operation of the micro transit program and mitigation strategies that will be used by the Contractor to minimize risk. D. Maintenance/Recovery Plan. The Contractor shall provide their maintenance plan and recovery plan to keep the vehicles in circulation at all times with no interruptions. 4.5. Project Area There are three (3) Micro-Transit Zones (MTZ). Each MTZ will be finalized following award and may be modified based on ridership and need. Each MTZ is described in the attached Exhibit B - MTZ Zones. 4.6. Schedule of Performance The applicant will provide a tentative schedule of service based on their experience in similar markets. This schedule is subject to change and be modified depending on the needs and conditions determined by the City/CRA and provider. Offerors are encouraged to provide service connecting downtown and the beach and must provide adequate description on how the service will do this and overcome challenges.                            523 16 4.7. Advertising and Revenue Sharing ADVERTISEMENT SALES SERVICES. (a) The Contractor will sell space upon its vehicles for the display of commercial advertising. The purpose is to raise revenues to partially finance the operation of the micro-transit services. (b) The Contractor will pay to the City 50% of the Net Advertising Revenue received by the Contractor in connection with all (i) exterior advertising sales; (ii) interior video advertising sales; (iii) event marketing campaign sales; and (iv) marketing efforts for advertising sales (collectively, the “Advertisement Sales Services” and the advertisements so sold, the “Advertisements”). Net Advertising Revenue means the gross advertising revenue received less all-other costs and expenses, including but not limited to advertisement design and production costs, incurred by the Company in connection with providing the Advertisement Sales Services. (c) The Contractor shall determine the methods, details, and means for performing the Advertisement Sales Services. The Contractor will not accept advertising content that includes or is related to the below (1-7) without the prior written approval from the City. 1. Discriminates against a person or section of the community on account of race, sex, age, sexual preference, religion, disability, sexual orientation or political belief. 2. Contains strong or obscene language. 3. Promotes or opposes tobacco or alcohol products and controlled substances. 4. Contains sexual or reproductive material, 5. Promotes or opposes “adult entertainment” strip clubs and/or the sale of pornographic materials. 6. Promotes the sale or distribution of firearms. 7. Contravenes any applicable law. (d) The Contractor shall invoice each such advertiser for amounts owed for Advertisement Sales Services. The Contractor shall provide a service credit in the amount of 50% of the Net Advertising Revenue to the City on the following month’s submitted invoice after receipt by the Contractor of the amounts due from each advertiser. The Contractor must submit proof of invoices for amounts owed to Contractor for Advertisement Sales Services, during each advertisement period, whether or not invoiced funds are actually received by the Contractor. Example: For illustration purposes, the Contractor submits an invoice to a Media Buyer in the amount due of $25,000.00 for Advertisement Sales Service on January 2023 and the funds were r eceived from that Media Buyer during the month of March 2023. The Contractor will provide a service credit to the City in the amount of $12,500.00 on the April 2023 invoice.                            524 17 5. EVALUATION CRITERIA A Selection Committee will review and evaluate submittals to determine if they meet all of the requirements in this solicitation to be deemed responsive and responsible. The following evaluation criteria will be used to evaluate and score each submittal: No. Evaluation Criteria Scoring Method Weight (Points) 1. Approach and Methodology The Contractor shall explain in detail how their company can meet the requirements of the work outlined in the SOW, provide a timeline/plan-of-action detailing each phase for this effort, provide an organization chart detailing the labor for this effort, provide the recruiting effort for maintaining qualified drivers, and detail the numbers and types of vehicles provided and how they will include additional vehicles if the City expands the routes. Points Based 15 (14.3% of Total) 2. Environmental Benefits The Contractor shall provide details and quantify any environmental benefits or sustainability initiatives that they will use for this effort. Points Based 10 (9.5% of Total) 3. Contractor Capabilities The Contractor shall provide overall organizational and financial capabilities and other key components to include organizational reporting structure, quality control, quality assurance, research and development, technical training and parts support, response time, product capabilities, and the ability to furnish multiple vehicle configurations. The Contractor shall provide a general description of the company, including annual revenue, facilities location, number of permanent and part-time employees, and current and project workload. This description is intended to provide information to the City of Hollywood to evaluate the capability and capacity of the Contractor to perform the work. The City of Hollywood may conduct a site-visit of the Contractor's facility during the evaluation process. Points Based 10 (9.5% of Total)                            525 18 4. Driver's Qualifications The Contractor shall provide the requirements/certifications/training requirements for their drivers. NOTE: minimum requirement by the City is that all drivers must be enrolled in an FDOT approved drug testing program, pass a drug screening test, have the appropriate FL driver's license, and have a favorable background investigation. Points Based 10 (9.5% of Total) 5. Firm's Qualifications and Experience The Contractor shall submit a listing of work experience for projects similar in scope and nature to the work described in the Scope of Work. A minimum of five years (5) experience and two (2) projects (preferably with a government entity) shall be submitted and include a description of the work, project value, value of the work performed by the Contractor, and work duration and dates. The Contractor must submit at least three (3) references for projects of similar size, scope, and complexity. The references will be reviewed and scored as to whether services performed were satisfactory and meet the aforementioned criteria. Points Based 10 (9.5% of Total) 6. ADA Compliance The Contractor shall provide details on how their proposed vehicles meet ADA accessibility requirements. Points Based 5 (4.8% of Total) 7. Maintenance/Recovery Plan The Contractor shall provide their maintenance plan and recovery plan to keep the vehicles in circulation at all times with no interruptions. The Contractor must also provide a response to this scenario: A vehicle breaks down in the middle of the afternoon (weekday) and the current outside temperature is 95 degrees Fahrenheit. The vehicle has a mixture of passengers: elderly, middle aged, children, and infants. Explain the Contractor's course of action that would be taken. Points Based 10 (9.5% of Total)                            526 19 8. Risk Mitigation Plan The contractor must provide a risk mitigation plan on potential risks that may occur with this service and the steps they will take to mitigate/reduce the risk level. Points Based 10 (9.5% of Total) 9. Local Vendor Preference If applicable, the local Hollywood Vendor/Contractor shall have the burden of demonstrating that it maintains a permanent place of business with full-time employees within the City limits and has done so for a minimum of one year prior to the date of issuance of a bid or proposal solicitation within Hollywood, Florida. All supporting documentation (e.g., City valid local business tax receipt) for local preference eligibility must be received with the bid package prior to the bid opening date and time. Points Based 5 (4.8% of Total) 10. Pricing The Contractor must provide a Fixed Pricing Rate for this Service to include all direct and indirect costs in fixed monthly rates for this effort. The price for each offeror will be compared against the values assigned the various elements of the technical proposal. The objective of this process is to obtain the best available combination of technical capability and price. Points Based 20 (19% of Total)                            527 20 6. EVALUATION COMMITTEE Each Selection Committee member will convert their maximum available point score (cardinal number) for each Submitter into an ordinal number designating the ranking (as first, second, or third. For example: The ordinal scores from each Selection Committee member for each Submitter shall be added together to calculate a total ordinal score. The Submitter with the lowest ordinal score will be ranked highest for award preference. The Submitter with the second lowest total ordinal score will be ranked second highest for award preference, and so on, until all Submitters are ranked. During the evaluation process, the Selection Committee may, at its discretion, request oral presentations from banks to clarify information or answer questions on submittals. A public Selection Committee meeting to complete this evaluation is anticipated to take place in March 2023 followed by City Commission approval of an award tentatively scheduled for May 2023. Selection Committee meeting notices shall be posted on the City’s Sunshine Board (https://www.hollywoodfl.org/Archive.aspx?AMID=140).                            528 21 7. GENERAL TERMS AND CONDITIONS 7.1. INTENT It is the policy of the City to encourage full and open competition among all available qualified vendors. All vendors regularly engaged in the type of Work specified in the Solicitation are encouraged to submit proposals. To receive notification and to be eligible to bid vendor should be registered with OpenGov. Vendors may register with the OpenGov (registration is free) to be included on a mailing list for selected categories of goods and Services. In order to be processed for payment, any awarded vendor must register with the City by completing and returning a Vendor Application and all supporting documents. For information and to apply as a vendor, please visit our website at hollywoodfl.org to download an application and submit it to Procurement Services Division. It is the intent of the City of Hollywood, FL (“the City”), through this solicitation and the contract conditions contained herein, to establish to the greatest possible extent complete clarity regarding the requirements of both parties to the agreement resulting from this solicitation. Before submitting a bid/proposal, the Vendor shall be thoroughly familiarized with all contract conditions referred to in this document and any addenda issued before the bid/proposal submission date. Such addenda shall form a part of the SOLICITATION and shall be made a part of the contract. It shall be the Vendor's responsibility to ascertain that the bid/proposal includes all addenda issued prior to the bid/proposal submission date. Addenda will be posted on the City's Procurement Portal along with the SOLICITATION. The terms of the SOLICITATION and the selected Vendor’s bid/proposal and any additional documentation (e.g. questions and answers) provided by the Vendor during the solicitation process will be integrated into the final contract for services entered into between the City and the selected Vendor. The Vendor shall determine, by personal examination and by such other means as may be preferred, the conditions and requirements under which the agreement must be performed. 7.2. PROPOSER’S RESPONSIBILITIES Proposers are required to submit their bids/proposals upon the following express conditions: A. Proposers shall thoroughly examine the drawings, specifications, schedules, instructions and all other contract documents. B. Proposers shall make all investigations necessary to thoroughly inform themselves regarding delivery of material, equipment or services as required by the SOLICITATION conditions. No plea of ignorance, by the proposer, of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the proposer to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation due the proposer.                            529 22 C. Proposers are advised that all City contracts are subject to all legal requirements provided for in the City of Hollywood Charter, Code of Ordinances and applicable County Ordinances, State Statutes and Federal Statutes. 7.3. PREPARATION OF BIDS/PROPOSALS Bids/proposals will be prepared in accordance with the following: A. The City’s enclosed bid/proposal Forms, in their entirety, are to be used in submitting your bid/proposal. NO OTHER FORM WILL BE ACCEPTED. B. All information required by the bid/proposal form shall be furnished. The proposer shall sign each continuation sheet (where indicated) on which an entry is made. C. Prices shall be shown and where there is an error in the extension of prices, the unit price shall govern. The City of Hollywood is exempt from payment to its vendors of State of Florida sales tax and, therefore, such taxes should not be figured into the SOLICITATION. However, this exemption does not apply to suppliers to the City in their (supplier) purchases of goods or services, used in work or goods supplied to the City. Proposers are responsible for any taxes, sales or otherwise, levied on their purchases, subcontracts, employment, etc. An exemption certificate will be signed where applicable, upon request. The City will pay no sales tax. 7.4. DESCRIPTION OF SUPPLIES Any manufacturer's names, trade names, brand names, or catalog numbers used in these applications are for the purpose of describing and establishing minimum requirements or level of quality, standards of performance, and design required, and are in no way intended to prohibit the bidding of other manufacturers' items of equal material, unless specifications state "NO SUBSTITUTIONS." Proposers must indicate any variances to the specifications, terms, and conditions, no matter how slight. If variations are not stated in the bid/proposal, it shall be construed that the bid/proposal fully complies with the Specifications, Terms and Conditions. Proposers are required to state exactly what they intend to furnish; otherwise they sh all be required to furnish the items as specified. Proposers will submit, with their bid/proposal, necessary data (factory information sheets, specifications, brochures, etc.) to evaluate and determine the quality of the item(s) they are proposing. The City shall be the sole judge of equality and its decision shall be final. 7.5. ADDENDA The Procurement Services Division may issue an addendum in response to any inquiry received, prior to bid/proposal opening, which changes, adds to or clarifies the terms, provisions or requirements of the solicitation. The Proposer should not rely on any representation, statement or explanation, whether written or verbal, other than those made in this solicitation document or in any addenda issued. Where there appears to be a conflict between this solicitation and any                            530 23 addendum, the last addendum issued shall prevail. It is the proposer’s responsibility to ensure receipt of all addenda and any accompanying documents. Proposer(s) shall acknowledge receipt of any formal Addenda by signing the addendum and including it with their bid/proposal. Failure to include signed formal addenda in its bid/proposal shall cause the City to deem the bid/proposal non-responsive provided, however, that the City may waive this requirement in its best interest. 7.6. REJECTION OF BIDS/PROPOSALS The City may reject a bid/proposal if: A. The Proposer fails to acknowledge receipt of an addendum, or if B. The Proposer misstates or conceals any material fact in the bid/proposal, or if C. The bid/proposal does not strictly conform to the law or requirements of the SOLICITATION, or if D. The City is under a pre-lawsuit claim or current litigation with the proposer. The City may reject all bids/proposals whenever it is deemed in the best interest of the City to do so, and may reject any part of a bid/proposal unless the bid/proposal has been qualified as provided in herein. 7.7. WITHDRAWAL OF BIDS/PROPOSALS A. May not be withdrawn and shall be deemed enforceable for a period of 180 days after the time set for the SOLICITATION opening. B. Bids/proposals may be withdrawn prior to the time set for the SOLICITATION opening via the Portal. C. The City will permanently retain as liquidated damages the bid deposit furnished by any proposer who requests to withdraw a bid/proposal after the SOLICITATION opening. 7.8. BIDS/PROPOSALS TO REMAIN OPEN All bids/proposals shall remain open for 180 calendar days after the day of the bid/proposal opening, but the City may, at its sole discretion, release any bid/proposal and return the bid/proposal Security prior to that date. Extensions of time when bids/proposals shall remain open beyond the 180 day period may be made only by mutual written agreement between the City, the successful Proposer and the surety, if any, for the successful Proposer. 7.9. LATE BIDS/PROPOSALS OR MODIFICATIONS Only bids/proposals received as of the opening date and time will be considered timely. Bids/proposals and modifications received after the time set for the opening will be returned un- opened to the sender and rejected as late. 7.10. CONFLICTS WITHIN THE SOLICITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the SOLICITATION Submittal Section, or any                            531 24 addendum issued, the order of precedence shall be the last addendum issued, the SOLICITATION Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 7.11. CLARIFICATION OR OBJECTION TO BID/PROPOSAL SPECIFICATIONS If any person contemplating submitting a bid/proposal for this contract is in doubt as to the true meaning of the specifications or other SOLICITATION documents or any part thereof, they may submit requests for clarification to the Procurement Services Division on or before the date specified for a request for clarification. All such requests for clarification shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the SOLICITATION, if made, will be made only by Addendum duly issued. A copy of such Addendum will be made available to each person receiving a Solicitation. The City will not be responsible for any other explanation or interpretation of the SOLICITATION given prior to the award of the contract. Any objection to the specifications and requirements as set forth in this SOLICITATION must be filed in writing with the Chief Procurement Officer on or before the date specified for a request for clarification. 7.12. COMPETENCY OF PROPOSERS Pre-award inspection of the Proposer’s facility may be made prior to the award of a contract. Bids/proposals will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this SOLICITATION(s); have a record of performance for a reasonable period of time; and have sufficient financial support, equipment and organization to ensure that they can satisfactorily deliver the material and/or services if awarded a Contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. The City may consider any evidence available to it of the financial, technical and other qualifications and abilities of a proposer, including past performance (experience) in making the award in the best interest of the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this SOLICITATION or otherwise. 7.13. QUALIFICATIONS OF PROPOSERS No Bid/proposal will be accepted from, nor will any contract be awarded to any person who is in arrears to the City upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to City, or who is deemed responsible or unreliable by the City. As part of the bid/proposal evaluation process, City may conduct a background investigation including a record check by the Hollywood Police Department. Proposer’s submission of a bid/proposal constitutes acknowledgment of the process and consent to such investigation. City shall be the sole judge in determining a Proposer’s qualifications.                            532 25 7.14. CONSIDERATION OF BIDS/PROPOSALS In cases where an item requested is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the Vendor proposes to furnish the item so identified and does not propose to furnish an "equal" unless the proposed "equal" is pre-approved by the City. References to any of the above are intended to be descriptive but not restrictive and only indicate articles that will be satisfactory. A bid/proposal of an "equal" will be considered, provided that the Vendor states in his bid/proposal exactly what he proposes to furnish, including sample, illustration, or other descriptive matter which will clearly indicate the character of the article covered by such bid/proposal. The designated City representative hereby reserves the right to approve as an “equal”, or to reject as not being an “equal”, any article proposed which contains major or minor variations from specifications requirements. 7.15. AWARD OF CONTRACT If the Contract is to be awarded, it will be awarded, after evaluation by the City, to the responsible and responsive Proposer whom the City determines will be in the best interests of the City and not necessarily to the lowest cost Proposer. Proposers may be invited to an oral interview before the committee. A short list of finalists will be determined and presented to either the City Manager or his/her designee or to the City Commission, in accordance with the applicable City of Hollywood Code of Ordinances, and will make the final ranking for the purposes of negotiating a contract with the top ranked firm. The successful Proposer shall be required to sign a negotiated contract; the refusal or failure of a successful Proposer to execute a contract which contains the mandatory material terms and conditions contained in the SOLICITATION, shall be grounds for deeming the Proposer and/or the Proposer’s bid/proposal non-responsive. If applicable, the Proposer to whom award is made shall execute a written contract prior to award by the City Commission. If the Proposer to whom the first award is made fails to enter into a contract as herein provided, the Contract may be let to the next highest ranked Proposer who is responsible and responsive in the opinion of the City. 7.16. BASIS FOR AWARD, EVALUATION CRITERIA AND QUESTIONS The qualification of bid/proposal responders on this project will be considered in making the award. The City is not obligated to accept any bid/proposal if deemed not in the best interest of the City to do so. The City shall make award to a qualified proposer based on fees submitted and responses to this SOLICITATION. Failure to include in the bid/proposal all information outlined herein may be cause for rejection of the bid/proposal. The City reserves the right to accept or reject any and all bids/proposals, in whole or in part, as determined to be in the best interest of the City in its sole discretion. The City reserves the right to waive any informalities or irregularities in bids/proposals. The City reserves the right to negotiate separately the terms and conditions or all or any part of the bids/proposals as deemed to be in the City’s best interest in its sole discretion.                            533 26 Information and/or factors gathered during interviews, negotiations and any reference checks, and any other information or factors deemed relevant by the City, shall be utilized in the final award. The final award of a contract is subject to approval by the City Commission. 7.17. AGREEMENT An agreement shall be sent to the awarded proposer to be signed, witnessed, and returned to the City for execution. The City will provide a copy of the fully executed agreement to the awarded proposer. 7.18. NOTICE TO PROCEED A signed purchase order, blanket purchase order or fully executed agreement will be the Proposer's authorization to proceed and may substitute for a "Notice to Proceed" form. 7.19. BID PROTESTS The City shall provide notice of its intent to award or reject to all proposers by posting such notice on the City’s website. After a notice of intent to award a contract is posted, any actual or prospective proposer who is aggrieved in connection with the pending award of the contract or any element of the process leading to the award of the contract may protest to the Director of Procurement Services. A protest must be filed within five business days after posting or any right to protest is forfeited. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest, including a deposit, is received by the Procurement Services Division. Failure to file a protest within the time-frame specified herein shall constitute a full waiver of all rights to protest the City’s decision regarding the award. The written protest shall state in detail the specific facts and law or ordinance upon which the protest of the proposed award is based, and shall include all pertinent documents. A written protest may not challenge the relative weight of evaluation criteria or a formula for assigning points. Upon receipt of a formal written protest, the City shall stop award proceedings until resolution of the protest; unless it has been determined that the award of the contract without delay is necessary to protect substantial interests of the City. Any and all costs incurred by a protesting party in connection with a bid protest shall be the sole responsibility of the protesting party. Upon receipt of a protest of the pending award of a contract, a copy of the protest shall promptly be forwarded to the City Attorney. The City Attorney shall thereupon review the charge to determine its sufficiency, including whether the protest was timely filed. If upon review the City Attorney determines that the charge is insufficient, the City Attorney may issue a summary dismissal of the protest. If upon review the City Attorney determines that the charge is sufficient, a hearing of the protest committee shall be scheduled.                            534 27 A protest committee shall have the authority to review, settle and resolve the protest. The committee shall consist of three members appointed by the City Manager. The committee’s review shall be informal. If the protest committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law or applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the committee determines that the protest is without merit, The Director shall promptly issue a decision in writing stating the reason for the decision and furnish a copy to the protester and any other interested party, and the process leading to the award shall proceed. 7.20. PREPARATION OF BIDS/PROPOSALS Bids/proposals shall be prepared in accordance with the bid/proposal response format. Bids/proposals not complying with this format may be considered non-responsive and may be removed from consideration on this basis. Requirements for Signing Bid/Proposal: A. Each proposer, by making a bid/proposal, represents that this document has been read and is fully understood. B. The bid/proposal must be signed in ink by an individual authorized to legally bind the person, partnership, company, or corporation submitting the bid/proposal. C. All manual signatures must have the name typed directly under the line of the signature. D. The above requirements apply to all SOLICITATION addenda. 7.21. EXAMINATION OF BID/PROPOSAL DOCUMENTS Before submitting a bid/proposal, each Proposer must: examine the bid/proposal Documents thoroughly; consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, performance, or provision of the commodities and/or services; study and carefully correlate Proposer’s observations with the bid/proposal Documents, and notify the City’s agent of all conflicts, errors and discrepancies in the bid/proposal Documents. The submission of a bid/proposal will constitute an incontrovertible representation by the Proposer, that the Proposer has complied with every requirement of this SOLICITATION, that without exception, the bid/proposal is premised upon performing the services and/or furnishing the commodities and materials in accordance with such means, methods, techniques, sequences or procedures as may be indicated in or required by the bid/proposal Documents, and that the bid/proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the goods and/or services. 7.22. PUBLIC RECORDS LAW If applicable, for each public agency contract for services, the Proposer is required to comply with F.S. 119.0701, which includes the following:                            535 28 A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in F.S. Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency, all public records in possession of the proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Public records may be inspected and examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian of the public record. Sealed Bids/proposals become subject to the public records disclosure requirements of F.S. Chapter 119, notwithstanding a proposers' request to the contrary, at the time the City provides notice of a decision or intended decision, or 30 days after the bid/proposal opening, whichever is earlier. Financial statements submitted in response to a request by the City may be confidential and exempt from disclosure. Data processing software obtained under a licensing agreement which prohibits its disclosure may also exempt. Proposers are hereby notified and agree that all information submitted as part of, or in support of SOLICITATION submittals will be available for public inspection after opening of SOLICITATION in compliance with Chapter 119 of the Florida Statutes. The proposer shall not, unless required as part of this SOLICITATION, submit any information in response to this invitation which the proposer considers to be a trade secret, proprietary or confidential. The submission, not required as part of this this SOLICITATION, of any information to the City in connection with this invitation shall be deemed conclusively to be a waiver of any trade secret or other protection, which would otherwise be available to the proposer. 7.23. INFORMATION For information concerning procedure for responding to this Solicitation (SOLICITATION), contact the Point of Contact in the #INTRODUCTION section. Such contact shall be for clarification purposes only. It is preferred that all other questions be submitted in writing via the Portal at least 10 calendar days prior to the bid/proposal due/opening date.                            536 29 7.24. BIDS/PROPOSALS The bid/proposal must be signed by one duly authorized to do so and in cases where the bid/proposal is signed by a deputy or subordinate, the principal’s proper written grant of authority to such deputy or subordinate must accompany the bid/proposal. Bids/proposals by corporations must be executed in the corporate name by the President or other corporate officers accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. Bids/proposals by partnerships must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below the signature. 7.25. MODIFICATION AND WITHDRAWAL OF BIDS/PROPOSALS Bids/proposals must be modified or withdrawn electronically via the Portal. A request for withdrawal or a modification must be via the Portal by a person duly authorized to do so. Withdrawal of a bid/proposal will not prejudice the rights of a Proposer to submit a new bid/proposal prior to the bid/proposal date and time. Except where provided in the following paragraph no bid/proposal may be withdrawn or modified after expiration of the period for receiving bids/proposals. If, within twenty-four (24) hours after bids/proposals are opened, any Proposer files a duly signed written notice with the City and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of the City by clear and convincing evidence that there was a material and substantial mistake in the preparation of its bid/proposal, or that the mistake is clearly evident on the face of the bid/proposal but the intended correct bid/proposal is not similarly evident, then the Proposer may withdraw its bid/proposal and the bid/proposal Security will be returned. 7.26. REJECTION OF BIDS/PROPOSALS To the extent permitted by applicable state and federal laws and regulations, the City reserves the right to reject any and all bids/proposals, to waive any and all informalities, irregularities and technicalities not involving price, time or changes in the commodities and/or services, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional bids/proposals. Bids/proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations or irregularities of any kind. The City also reserves the right to waive minor technical defects in a bid/proposal. The City reserves the right to determine, in its sole discretion, whether any aspect of a bid/proposal satisfies the criteria established in this Solicitation. The City reserves the right to reject the bid/proposal of any Proposer if the City believes that it would not be in the best interest of the City to make an award to that Proposer, whether because the bid/proposal is not responsive or the Proposer is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criterion established by City. The foregoing reasons for rejection of bids/proposals are not intended to be exhaustive.                            537 30 7.27. OPEN END CONTRACT No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid/proposal comparison purposes only. The City reserves the right to issue purchase orders as and when required, or a blanket purchase order and release partial quantities as and when required or any combination of the preceding. ORDERING: The CITY reserves the right to purchase commodities/services specified herein through Contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a period shorter than the delivery time specified in the contract, and if the seller is unable to comply therewith, the City reserves the right to obtain such delivery from others without penalty or prejudice to the City or to the Proposer. 7.28. AUDIT RIGHTS The City reserves the right to audit the records of the successful Proposer for the commodities and/or services provided under the Contract at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by the City. If required by the City, the successful Proposer agrees to submit to an audit by an independent certified public accountant selected by the City. The successful Proposer shall allow the City to inspect, examine and review the records of the successful Proposer in relation to this contract at any and all times during normal business hours during the term of the Contract. 7.29. LOCAL, STATE AND FEDERAL COMPLIANCE REQUIREMENTS The Proposer shall comply with all local, state and federal directives, orders and laws as applicable to this SOLICITATION and subsequent contract(s) including, but not limited to: A. Equal Employment Opportunity (EEO), in compliance with Executive Order 11246 as amended and applicable to this contract. B. All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). C. The Immigration and Nationality Act prohibits (i) the employment of an unauthorized alien when the employer knows the individual is an unauthorized alien and (ii) the employment of an individual without complying with the requirements of the federal employment verification system. If a proposer commits either of these violations, such violation shall be cause for unilateral cancellation of the contract. D. This Section applies only to any contract for goods or services of $1 million or more: The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section                            538 31 287.135, Florida Statutes (2011), as may be amended or revised. The City may terminate this Contract at the City’s option if the Proposer is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2011), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2011), as may be amended or revised. 7.30. FRAUD AND MISREPRESENTATION Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, may be debarred from doing business with the City. The City as further sanction may terminate or cancel any oth er contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney’s fees. 7.31. DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subproposers are presently debarred or suspended by any Federal department or agency. 7.32. COLLUSION More than one bid/proposal received for the same work from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that any Proposer is interested in more than one bid/proposal for the same work will cause the rejection of such bin which the Proposer is interested. If there are reasonable grounds for believing that collusion exists among the Proposers, the bids/proposals of participants in such collusion will not be considered. 7.33. COPELAND "ANTI-KICKBACK" The Proposer and all subproposers will comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). 7.34. FORCE MAJEURE The Agreement which is awarded to the successful proposer may provide that the per formance of any act by the City or Proposer hereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided however, the City shall have the right to provide substitute service from third parties or City forces and in such event the City shall withhold payment due the Proposer for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate this Agreement. 7.35. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a                            539 32 public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a proposer, supplier, subproposer, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.36. DRUG-FREE WORKPLACE PROGRAM Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids/proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids/proposals will be followed if none of the tied vendors have a drug-free workplace program. 7.37. SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS POLICY Proposer shall sign and submit the attached form indicating understanding and compliance with the City's and State's policies prohibiting solicitation and acceptance of gifts by public officers, employees and candidates. Failure to submit the signed form will result in your bid/proposal being declared non-responsive; provided, however, that a responsible proposer whose bid/proposal would be responsive but for the failure to submit the signed form in its bid/proposal may be given the opportunity to submit the form to the City within five calendar days after notification by the City, if this is determined to be in the best interest of the City. 7.38. CONFLICT OF INTEREST The Proposer represents that: No officer, director, employee, agent, or other consultant of the City or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement. There are no undisclosed persons or entities interested with the Proposer in this Agreement. This Agreement is entered into by the Proposer without any connection with any other entity or person making a bid/proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the City, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or member of the immediate family or household of any of the aforesaid: A. Is interested on behalf of or through the Proposer directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or B. Is an employee, agent, advisor, or consultant to the Proposer or to the best of the Proposer’s knowledge, any subproposer or supplier to the Proposer.                            540 33 Neither the Proposer nor any officer, director, employee, agent, parent, subsidiary, or affiliate of the Proposer shall have an interest which is in conflict with the Proposer’s faithful performance of its obligations under this Agreement; provided that the City, in its sole discretion, may consent in writing to such a relationship, and provided the Proposer provides the City with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the City's best interest to consent to such relationship. The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. In the event the Proposer has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, the Proposer shall promptly bring such information to the attention of the City's Project Manager. The Proposer shall thereafter cooperate with the City's review and investigation of such information, and comply with the instructions the Proposer receives from the Project Manager in regard to remedying the situation. 7.39. DISCRIMINATION Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid/proposal on a contract to provide goods or services to a public entity, may not submit a bid/proposal on a contract with a public entity for construction or repair of a public building or public work, may not submit bids/proposals on leases of real property to a public entity, may not award or perform work as a proposer, supplier, subproposer, or consultant under contract with any public entity, and may not transact business with any public entity. 7.40. ADVICE OF OMISSION OR MISSTATEMENT In the event it is evident to a Vendor responding to this SOLICITATION that the City has omitted or misstated a material requirement to this SOLICITATION and/or the services required by this SOLICITATION, the responding Vendor shall advise the contact identified in the SOLICITATION Clarifications and Questions section above of such omission or misstatement. 7.41. CONFIDENTIAL INFORMATION Information contained in the Vendor’s bid/proposal that is company confidential must be clearly identified in the bid/proposal itself. The City will be free to use all information in the Vendor's bid/proposal for the City’s purposes, in accordance with State Law. Vendor bids/proposals shall remain confidential for 30 days or until a notice of intent to award is posted, which is sooner. The Vendor understands that any material supplied to the City may be subject to public disclosure under the Public Records Law. 7.42. GOVERNING LAW This Contract, including appendices, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in accordance with, the laws of the State of Florida. This shall apply notwithstanding such factors which include, but are not limited to, the place where the contract is entered into, the place where the accident occurs and not withstanding application of conflicts of law principles.                            541 34 7.43. LITIGATION VENUE The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. 7.44. SOVEREIGN IMMUNITY Nothing in this agreement shall be interpreted or construed to mean that the city waives its common law sovereign immunity or the limits of liability set forth in Section 768.28, Florida Statute. 7.45. SURVIVAL The parties acknowledge that any of the obligations in this Agreement will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Proposer and the City under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. 7.46. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The Contractor shall indemnify and hold harmless the City of Hollywood and its officers, employees, agents and instrumentalities from any and all liability, losses or damages. In addition, the City shall be entitled to attorney’s fees and costs of defense, which the City of Hollywood, or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this project by the awarded proposer or its employees, agents, servants, partners, principals or subcontractors. Furthermore, the awarded proposer shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind of nature in the name of the City of Hollywood, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may issue thereon. The awarded proposer expressly understands and agrees that any insurance protection required by the resulting agreement or otherwise provided by the awarded proposer shall cover the City of Hollywood, its officers, employees, agents and instrumentalities and shall include claims for damages resulting from and/or caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in the performance of the contract. 7.47. PATENT AND COPYRIGHT INDEMNIFICATION The Proposer warrants that all deliverables furnished hereunder, including but not limited to: services, equipment programs, documentation, software, analyses, applications, methods, ways, processes, and the like, do not infringe upon or violate any patent, copyrights, service marks, trade secret, or any other third party proprietary rights. The Proposer shall be liable and responsible for any and all claims made against the City for infringement of patents, copyrights, service marks, trade secrets or any other third party proprietary rights, by the use or supplying of any programs, documentation, software, analyses, applications, methods, ways, processes, and the like, in the course of performance or completion of, or in any way connected with, the work, or the City's continued use of the deliverables furnished hereunder. Accordingly, the Proposer, at its own expense, including the payment of attorney's                            542 35 fees, shall indemnify, and hold harmless the City and defend any action brought against the City with respect to any claim, demand, and cause of action, debt, or liability. In the event any deliverable or anything provided to the City hereunder, or a portion thereof, is held to constitute an infringement and its use is or may be enjoined, the Proposer shall have the obligation, at the City's option, to (i) modify, or require that the applicable subproposer or supplier modify, the alleged infringing item(s) at the Proposer’s expense, without impairing in any respect the functionality or performance of the item(s), or (ii) procure for the City, at the Proposer's expense, the rights provided under this Agreement to use the item(s). The Proposer shall be solely responsible for determining and informing the City whether a prospective supplier or subproposer is a party to any litigation involving patent or copyright infringement, service mark, trademark, violation, or proprietary rights claims or is subject to any injunction which may prohibit it from providing any deliverable hereunder. The Proposer shall enter into agreements with all suppliers and subproposers at the Proposer's own risk. The City may reject any deliverable that it believes to be the subject of any such litigation or injunction, or if, in the City's judgment, use thereof would delay the work or be unlawful. The Proposer shall not infringe any copyright, trademark, service mark, trade secrets, patent rights, or other intellectual property rights in the performance of the work. 7.48. ADVERTISING Vendor shall not advertise or publish the fact that the City has placed this order without prior written consent from the City, except as may be necessary to comply with a proper request for information from an authorized representative of a governmental unit or agency. 7.49. DISCLAIMER The Hollywood may, in its sole discretion, accept or reject, in whole or in part, for any reason whatsoever any or all bids/proposals; re-advertise this SOLICITATION, postpone or cancel at any time this SOLICITATION process; or, waive any formalities of or irregularities in the bid/proposal process. Bids/proposals that are not submitted on time and/or do not conform to the City of Hollywood’s requirements will not be considered. After all bids/proposals are analyzed, organization(s) submitting bid/proposal that appear, solely in the opinion of the City of Hollywood, to be the most competitive, shall be submitted to the City of Hollywood’s City Commission, and the final selection will be made shortly thereafter with a timetable set solely by the City of Hollywood. The selection by the City of Hollywood shall be based on the bid/proposal, which is, in the sole opinion of the City Commission of the City of Hollywood, in the best interest of the City of Hollywood. The issuance of this SOLICITATION constitutes only an invitation to make a bid/proposal to the City of Hollywood. The City of Hollywood reserves the right to determine, in its sole discretion, whether any aspect of the bid/proposal satisfies the criteria established by the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this bid/proposal or otherwise. 7.50. TRADEMARKS The City warrants that all trademarks the City requests the Vendor to affix to articles purchased are those owned by the City and it is understood that the Vendor shall not acquire or claim any rights, title, or interest therein, or use any of such trademarks on any articles produced for itself or anyone other than the City.                            543 36 7.51. RIGHT TO REQUEST ADDITIONAL INFORMATION The City reserves the right to request any additional information that might be deemed necessary during the evaluation process. 7.52. PROPOSAL PREPARATION COSTS The Vendor is responsible for any and all costs incurred by the Vendor or his/her subproposers in responding to this solicitation. 7.53. DESIGN COSTS The successful Vendor shall be responsible for all design, information gathering, and required programming to achieve a successful implementation. This cost must be included in the base bid/proposal. 7.54. ADDITIONAL CHARGES No additional charges, other than those listed on the price breakdown sheets, shall be made. Prices quoted will include verification/coordination of order, all costs for shipping, delivery to all sites, unpacking, setup, installation, operation, testing, cleanup, training and Vendor travel charges. 7.55. RIGHTS TO PERTINENT MATERIALS All responses, inquires, and correspondence relating to this SOLICITATION and all reports, charts, displays, schedules, exhibits and other documentation produced by the Vendor that are submitted as part of the bid/proposal shall become the property of the City upon receipt, a part of a public record upon opening, and will not be returned. 7.56. INSURANCE REQUIREMENTS See insurance requirements in the main solicitation document. 7.57. NATURE OF THE AGREEMENT The Agreement incorporates and includes all negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in the Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of the Agreement that are not contained in the Agreement, and that the Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that the Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. The Proposer shall provide the services set forth in the Scope of Services, and render full and prompt cooperation with the City in all aspects of the services performed hereunder. The Proposer acknowledges that the Agreement requires the performance of all things necessary for or incidental to the effective and complete performance of all work and services under t his Contract. All things not expressly mentioned in the Agreement but necessary to carrying out its                            544 37 intent are required by the Agreement, and the Proposer shall perform the same as though they were specifically mentioned, described and delineated. The Proposer shall furnish all labor, materials, tools, supplies, and other items required to perform the work and services that are necessary for the completion of this Contract. All work and services shall be accomplished at the direction of and to the satisfaction of the City's Project Manager. The Proposer acknowledges that the City shall be responsible for making all policy decisions regarding the Scope of Services. The Proposer agrees to provide input on policy issues in the form of recommendations. The Proposer agrees to implement any and all changes in providing services hereunder as a result of a policy change implemented by the City. The Proposer agrees to act in an expeditious and fiscally sound manner in providing the City with input regarding the time and cost to implement said changes and in executing the activities required to implement said changes. 7.58. AUTHORITY OF THE CITY’S PROJECT MANAGER The Proposer hereby acknowledges that the City’s Project Manager will determine in the first instance all questions of any nature whatsoever arising out of, under, or in connection with, or in any way related to or on account of, this Agreement including without limitations: questions as to the value, acceptability and fitness of the services; questions as to either party's fulfillment of its obligations under the Contract; negligence, fraud or misrepresentation before or subsequent to acceptance of the Bid/proposal; questions as to the interpretation of the Scope of Services; and claims for damages, compensation and losses. The Proposer shall be bound by all determinations or orders and shall promptly obey and follow every order of the Project Manager, including the withdrawal or modification of any previous order and regardless of whether the Proposer agrees with the Project Manager's determination or order. Where orders are given orally, they will be issued in writing by the Project Manager as soon thereafter as is practicable. The Proposer must, in the final instance, seek to resolve every difference concerning the Agreement with the Project Manager. In the event that the Project Manager and the Proposer are unable to resolve their difference, the Proposer may initiate a dispute in accordance with the procedures set forth in the section below. Exhaustion of these procedures shall be a condition precedent to any lawsuit permitted hereunder. In the event of such dispute, the parties to this Agreement authorize the City Manager or designee, who may not be the Project Manager or anyone associated with this Project, acting personally, to decide all questions arising out of, under, or in connection with, or in any way related to or on account of the Agreement (including but not limited to claims in the nature of breach of contract, fraud or misrepresentation arising either before or subsequent to execution hereof) and the decision of each with respect to matters within the City Manager's purview as set forth above shall be conclusive, final and binding on the parties. Any such dispute shall be brought, if at all, before the City Manager within 10 days of the occurrence, event or act out of which the dispute arises. The City Manager may base this decision on such assistance as may be desirable, including advice of experts, but in any event shall base the decision on an independent and objective determination of whether the Proposer’s performance or any deliverable meets the requirements of this Agreement and any specifications with respect thereto set forth herein. The effect of any                            545 38 decision shall not be impaired or waived by any negotiations or settlements or offers made in connection with the dispute, whether or not the City Manager participated therein, or by any prior decision of others, which prior decision shall be deemed subject to review, or by any termination or cancellation of the Agreement. All such disputes shall be submitted in writing by t he Proposer to the City Manager for a decision, together with all pertinent information in regard to such questions, in order that a fair and impartial decision may be made. The parties agree that whenever the City Manager is entitled to exercise discretion or judgment or to make a determination or form an opinion pursuant to the provisions of this Article, such action shall be deemed fair and impartial when exercised or taken. The City Manager shall render a decision in writing and deliver a copy of the same to the Proposer. Except as such remedies may be limited or waived elsewhere in the Agreement, the Proposer reserves the right to pursue any remedies available under law after exhausting the provisions of this Article. 7.59. MUTUAL OBLIGATIONS This Agreement, including attachments and appendices to the Agreement, shall constitute the entire Agreement between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereof unless acknowledged in writing by the duly authorized representatives of both parties. Nothing in this Agreement shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where this Agreement imposes an indemnity or defense obligation on the Proposer, the City may, at its expense, elect to participate in the defense if the City should so choose. Furthermore, the City may at its own expense defend or settle any such claims if the Proposer fails to diligently defend such claims, and thereafter seek indemnity for costs and attorney’s fees from the Proposer. 7.60. SUBCONTRACTUAL RELATIONS If the Proposer will cause any part of this Agreement to be performed by a subproposer, the provisions of this Contract will apply to such subproposer and its officers, agents and employees in all respects as if it and they were employees of the Proposer; and the Proposer will not be in any manner thereby discharged from its obligations and liabilities hereunder, but will be liable hereunder for all acts and negligence of the subproposer, its officers, agents, and employees, as if they were employees of the Proposer. The services performed by the subproposer will be subject to the provisions hereof as if performed directly by the Proposer. The Proposer, before making any subcontract for any portion of the services, will state in writing to the City the name of the proposed subproposer, the portion of the services which the subproposer is to do, the place of business of such subproposer, and such other information as the City may require. The City will have the right to require the Proposer not to award any subcontract to a person, firm or corporation disapproved by the City. Before entering into any subcontract hereunder, the Proposer will inform the subproposer fully and completely of all provisions and requirements of this Agreement relating either directly or                            546 39 indirectly to the services to be performed. Such services performed by such subproposer will strictly comply with the requirements of this Contract. In order to qualify as a subproposer satisfactory to the City, in addition to the other requirements herein provided, the subproposer must be prepared to prove to the satisfaction of the City that it has the necessary facilities, skill and experience, and ample financial resources to perform the services in a satisfactory manner. To be considered skilled and experienced, the subproposer must show to the satisfaction of the City that it has satisfactorily performed services of the same general type which are required to be performed under this Agreement. The City shall have the right to withdraw its consent to a subcontract if it appears to the City that the subcontract will delay, prevent, or otherwise impair the performance of the Proposer's obligations under this Agreement. All subproposers are required to protect the confidentiality of the City and City's proprietary and confidential information. The Proposer shall furnish to the City copies of all subcontracts between the Proposer and subproposers and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit of the City permitting the City to request completion of performance by the subproposer of its obligations under the subcontract, in the event the City finds the Proposer in breach of its obligations, and the option to pay the subproposer directly for the performance by such subproposer. The foregoing shall neither convey nor imply any obligation or liability on the part of the City to any subproposer hereunder as more fully described herein. 7.61. PROMPT PAYMENT: LATE PAYMENTS BY PROPOSER TO SUBPROPOSER AND MATERIAL SUPPLIERS; PENALTY: When a proposer receives from the City of Hollywood any payment for contractual services, commodities, materials, supplies, or construction contracts, the proposer shall pay such moneys received to each subproposer and material supplier in proportion to the percentage of work completed by each subproposer and material supplier at the time of receipt. If the proposer receives less than full payment, then the proposer shall be required to disburse only the funds received on a pro rata basis to the subproposers and materials Suppliers, each receiving a prorated portion based on the amount due on the payment. If the proposer without reasonable cause fails to make payments required by this section to subproposers and material suppliers within fifteen (15) working days after the receipt by the proposer of full or partial payment, the proposer shall pay to the subproposers and material suppliers a penalty in the amount of one percent (1%) of the amount due, per month, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed. Retainage is also subject to the prompt payment requirement and must be returned to the subproposer or material supplier whose work has been completed, even if the prime contract has not been completed. The Proposer shall include the above obligation in each subcontract it signs with a subproposer or material suppler. 7.62. TERMINATION FOR CONVENIENCE AND SUSPENSION OF WORK The City may terminate this Agreement if an individual or corporation or other entity attempts to meet its contractual obligation with the City through fraud, misrepresentation or material misstatement.                            547 40 The City may, as a further sanction, terminate or cancel any other contract(s) that such individual or corporation or other entity has with the City. Such individual, corporation or other entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney’s fees. The foregoing notwithstanding, any individual, corporation or other entity which attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement may be debarred from City contracting in accordance with the City debarment procedures. The Proposer may be subject to debarment for failure to perform and any other reasons related to the proposer’s breach or failure of satisfactory performance. In addition to cancellation or termination as otherwise provided in this Agreement, the City ma y at any time, in its sole discretion, with or without cause, terminate this Agreement by written notice to the Proposer and in such event: The Proposer shall, upon receipt of such notice, unless otherwise directed by the City: A. Stop work on the date specified in the notice ("the Effective Termination Date"); B. Take such action as may be necessary for the protection and preservation of the City's materials and property; C. Cancel orders; D. Assign to the City and deliver to any location designated by the City any non-cancelable orders for deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement and not incorporated in the services; E. Take no action which will increase the amounts payable by the City under this Agreement. In the event that the City exercises its right to terminate this Agreement pursuant to this Article, the Proposer will be compensated as stated in the payment articles herein, for the: A. Portion of the services completed in accordance with the Agreement up to the Effective Termination Date; and B. Non-cancelable deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement but not incorporated in the services. All compensation pursuant to this Article is subject to audit. 7.63. EVENT OF DEFAULT An Event of Default shall mean a breach of this Agreement by the Proposer. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include the following: A. The Proposer has not delivered deliverables on a timely basis;                            548 41 B. The Proposer has refused or failed, except in any case for which an extension of time is provided, to supply enough properly skilled staff personnel; C. The Proposer has failed to make prompt payment to subproposers or suppliers for any services; D. The Proposer has become insolvent (other than as interdicted by the bankruptcy laws), or has assigned the proceeds received for the benefit of the Proposer's creditors, or the Proposer has taken advantage of any insolvency statute or debtor/creditor law or if the Proposer's affairs have been put in the hands of a receiver; E. The Proposer has failed to obtain the approval of the City where required by this Agreement; F. The Proposer has failed to provide "adequate assurances" as required under subsection "B" below; and G. The Proposer has failed in the representation of any warranties stated herein. When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Proposer's ability to perform the services or any portion thereof, the City may request that the Proposer, within the time frame set forth in the City's request, provide adequate assurances to the City, in writing, of the Proposer's ability to perform in accordance with terms of this Agreement. Until the City receives such assurances the City may request an adjustment to the compensation received by the Proposer for portions of the services which the Proposer has not performed. In the event that the Proposer fails to provide to the City the requested assurances within the prescribed time frame, the City may: A. Treat such failure as a repudiation of this Agreement; B. Resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the services or any part thereof either by itself or through others. In the event the City shall terminate this Agreement for default, the City or its designated representatives may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 7.64. REMEDIES IN THE EVENT OF DEFAULT If an Event of Default occurs, the Proposer shall be liable for all damages resulting from the default, including but not limited to: A. Lost revenues; B. The difference between the cost associated with procuring services hereunder and the amount actually expended by the City for procurement of services, including procurement and administrative costs; and, C. Such other damages that the City may suffer.                            549 42 The Proposer shall also remain liable for any liabilities and claims related to the Proposer’s default. The City may also bring any suit or proceeding for specific performance or for an injunction. 7.65. BANKRUPTCY The City reserves the right to terminate this contract if, during the term of any contract the Proposer has with the City, the Proposer becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Proposer under federal bankruptcy law or any state insolvency law. 7.66. CANCELLATION FOR UNAPPROPRIATED FUNDS The obligation of the City for payment to a Proposer is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 7.67. VERBAL INSTRUCTIONS PROCEDURE No negotiations, decisions, or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Proposers, which are signed by a person designated as authorized to bind the Proposer, will be recognized by the City as duly authorized expressions on behalf of the Proposer. 7.68. E-VERIFY Proposer acknowledges that the City may be utilizing the Proposer’s services for a project that is funded in whole or in part by State funds pursuant to a contract between the City and a State agency. The Proposer shall be responsible for complying with the E-Verify requirements in the contract and using the U.S. Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired by the Proposer during the Agreement term. The Proposer is also responsible for e-verifying its subproposers, if any, pursuant to any agreement between the City and a State Agency, and reporting to the City any required information. The Proposer acknowledges that the terms of this paragraph are material terms, the breach of any of which shall constitute a default under this Agreement. 7.69. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Proposer shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 7.70. COST ADJUSTMENTS The cost for all items as quoted herein shall remain firm for the first term of the contract. Costs for subsequent years and any extension term years shall be subject to an adjustment only if increases occur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 3% per year or, whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPU-U) (National) as published by                            550 43 the Bureau of Labor Statistics, U.S. Dept. of Labor. The yearly increase or decrease in the CPI shall be that latest index published and available ninety (90) days prior to the end of the contract year than in effect compared to the index for the same month one year prior. Any requested cost increase shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the City shall have the right to receive from the Proposer a reduction in costs that reflects such cost changes in the industry. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the contract can be cancelled by the City upon giving thirty (30) days written notice to the Proposer. 7.71. OSHA STANDARDS Proposer acknowledges and agrees that as Contractor for the City of Hollywood, Florida, within the limits of the City of Hollywood, Florida, will have the sole responsibility for compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agrees to defend, indemnify and hold harmless the City of Hollywood, Florida, its officials, employees, service providers, and its agents against any and all legal liability or loss the City of Hollywood, Florida may incur due to the Contractor's failure to comply with such act.                            551 44 8. PROPOSAL SUBMISSIONS The responsibility for submitting a bid/proposal on or before the time and date is solely and strictly the responsibility of the bidder/proposer, the City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. No part of a bid/proposal can be submitted via FAX or via direct Email to the City. No variation in price or conditions shall be permitted based upon a claim of ignorance. 8.1. SUBMITTAL FORMAT* The items below are required components of your solicitation response in order for your bid/proposal/submittal to be consider responsive and responsible. Please confirm this submittal includes the following items in this checklist: A. Title Page: Show the RFP title/number, firm’s name, address, telephone number, contact person, email, and date. B. Table of Contents: Clearly identify the material by section title and page number, including the following sections: 1. Approach and Methodology 2. Environmental benefits 3. Vendor Capabilities 4. Driver's Qualifications 5. Firm's Qualifications 6. ADA Compliance 7. Maintenance/Recovery Plan 8. Risk Mitigation Plan 9. References 10. Pricing 11. Additional/Pertinent Information (Optional) C. Forms and Certifications (Completed) 1. This Submittal Checklist Confirmation 2. Bid Form (Pricing) 3. Vendor Reference Form* 4. Hold Harmless and Indemnity Clause 5. Non-Collusion Statement 6. Sworn Statement…Public Entity Crimes                            552 45 7. Certifications Regarding Debarment 8. Drug-Free Workplace Program 9. Solicitation, Giving, and Acceptance 10. W-9 (Request for Taxpayer Identification) 11. Certificate(s) of insurance that meet the requirements of the #SPECIAL TERMS AND CONDITIONS section. 12. Proof of State of Florida Sunbiz Registration 13. Acknowledgement and Signature Questionnaire This checklist is only a guide, please read the entire solicitation to ensure that your submission includes all required information and documentation. ☐ Please confirm *Response required 8.2. Bid Form * Upload pricing information in accordance with the scope and using the structure of Exhibit C - Pricing. Creative and optional pricing can be uploaded as separate attachments. *Response required 8.3. Vendor Reference Form* Please download the below documents, complete, and upload for each vendor reference. A Minimum of three (3) references are required. • Vendor_Reference_Form.pdf *Response required 8.4. Hold Harmless and Indemnity Clause * I, an authorized representative, the contractor, shall indemnify, defend and hold harmless the City of Hollywood, its elected and appointed officials, employees and agents for any and all suits, actions, legal or administrative proceedings, claims, damage, liabilities, interest, attorney’ s fees, costs of any kind whether arising prior to the start of activities or following the completion or acceptance and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part by reason of any act, error or omission, fault or negligence whether active or passive by the contractor, or anyone acting under its direction, control, or on its behalf in connection with or incident to its performance of the contract. ☐ Please confirm *Response required                            553 46 8.5. Non-Collusion Statement* I, being first duly sworn, depose that: A. He/she is an authorized representative of the Company, the Proposer that has submitted the attached Proposal. B. He/she has been fully informed regarding the preparation and contents of the attached Proposal and of all pertinent circumstances regarding such Proposal; C. Such Proposal is genuine and is not a collusion or sham Proposal; D. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the contractor for which the attached Proposal has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm or person to fix the price or prices, profit or cost element of the Proposal price or the Proposal price of any other Proposer, or to secure an advantage against the City of Hollywood or any person interested in the proposed Contract; and E. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. ☐ Please confirm *Response required 8.6. Sworn Statement Public Entity Crimes* Please download the below documents, complete, and upload. • Sworn_Statement_Public_Enti... *Response required 8.7. Certifications Regarding Debarment, Suspension and Other Responsibility Matters* The applicant certifies that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with                            554 47 obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. ☐ Please confirm *Response required 8.8. Drug-Free Workplace Program* A. IDENTICAL TIE PROPOSALS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 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 business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 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 employee 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.                            555 48 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program (if such is available in the employee’s community) by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of these requirements. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ☐ Please confirm *Response required 8.9. Solicitation, Giving, and Acceptance of Gifts Policy* Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. “No Public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.” The term “public officer” includes “any person elected or appointed to hold office in any agency, including any person serving on an advisory body.” The City of Hollywood/Hollywood CRA policy prohibits all public officers, elected or appointed, all employees, and their families from accepting any gifts of any value, either directly or indirectly, from any contractor, vendor, consultant, or business with whom the City/CRA does business. The State of Florida definition of “gifts” includes the following: • Real property or its use, • Tangible or intangible personal property, or its use, • A preferential rate or terms on a debt, loan, goods, or services, • Forgiveness of indebtedness, • Transportation, lodging, or parking, • Food or beverage, • Membership dues, • Entrance fees, admission fees, or tickets to events, performances, or facilities, • Plants, flowers or floral arrangements • Services provided by persons pursuant to a professional license or certificate. • Other personal services for which a fee is normally charged by the person providing the services.                            556 49 • Any other similar service or thing having an attributable value not already provided for in this section. Any contractor, vendor, consultant, or business found to have given a gift to a public officer or employee, or his/her family, will be subject to dismissal or revocation of contract. As the person authorized to sign the statement, I certify that this firm will comply fully with this policy. ☐ Please confirm *Response required 8.10. W-9 (Request for Taxpayer Identification)* Please download the below documents, complete, and upload. • W-9.pdf *Response required 8.11. List of Subcontractors* Please download the below documents, complete, and upload. • Form_14_-_List_of_Subcontra... *Response required 8.12. Certificate of Insurance* See requirements in the #SPECIAL TERMS AND CONDITIONS section. *Response required 8.13. Proof of Sunbiz Registration* Enter company FEIN to be verified in Sunbiz *Response required 8.14. ACKNOWLEDGMENT AND SIGNATURE PAGE 8.14.1. If Corporation - Date Incorporated/Organized:* *Response required 8.14.2. State Incorporated/Organized:* *Response required 8.14.3. Remittance Address* *Response required 8.14.4. Bidder/Proposer’s Authorized Representative’s Typed Full Name* *Response required                            557 50 8.14.5. IT IS HEREBY CERTIFIED AND AFFIRMED THAT THE BIDDER/PROPOSER CERTIFIES ACCEPTANCE OF THE TERMS, CONDITIONS, SPECIFICATIONS, ATTACHMENTS AND ANY ADDENDA. THE BIDDER/PROPOSER SHALL ACCEPT ANY AWARDS MADE AS A RESULT OF THIS SOLICITATION. BIDDER/PROPOSER FURTHER AGREES THAT PRICES QUOTED WILL REMAIN FIXED FOR THE PERIOD OF TIME STATED IN THE SOLICITATION.* ☐ Please confirm *Response required 8.14.6. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER/PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID/PROPOSAL NON- RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID/PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER/PROPOSER TO THE TERMS OF ITS OFFER.* ☐ Please confirm *Response required 8.14.7. Proposal Upload* Submit entire proposal including Title Page, Table of Contents, etc. *Response required                            558 City-Wide Micro-Transit Services 16 of 18 EXHIBIT C – Company’s Proposal                            559 A. Title Page Request for Proposal RFP04523SK For The Citywide micro-transit Services City of Hollywood, Florida Prepared for: City of Hollywood Senior Purchasing Agent Attn: Simone Knight 2600 Hollywood Boulevard Room 303 Hollywood, FL 33020 Date:March 8, 2023 Prepared by:Circuit Transit Inc 777 S Flagler Drive Suite 800 W West Palm Beach, FL 33401 Contact Person:Jason Bagley, National Partner jason@ridecircuit.com | 3054941612                            560 A.1 Cover Letter Circuit Transit Inc ridecircuit.com March 8, 2023 City of Hollywood Senior Purchasing Agent Attn: Simone Knight 2600 Hollywood Boulevard Room 303 Hollywood, FL 33020 Re: Request for Proposals RFP04523SK for The City of Hollywood, Florida Citywide micro-transit Services Dear City of Hollywood, This submission is in response to the Request for Proposals RFP for City of Hollywood micro-transit Shuttle Service.Thank you for the opportunity to submit our proposal to the City of Hollywood. This proposal will show that Circuit Transit Inc (operator of Hollywood Sun Shuttle and Fort Lauderdale Circuit, etc.) has the proven capabilities and background in providing a sustainable on-demand shuttle program, as well as relevant and specific experience in Broward County, local knowledge and familiarity with the City. Circuit is an active service provider in Hollywood, Florida, that is responsible for the successful deployment and management of the Sun Shuttle as well as similar services with Cities in South Florida, Brightline Trains and other Cities in NY, NJ, CA and TX. Circuit provides all electric, first/last mile solutions that help move people in local communities and bridge gaps between riders and existing transit. By using fleets of electric vehicles, leveraging the data from its ride-request app, and working with top advertisers, Circuit is able to provide an eco-friendly, data-centric and efficient solution that promotes circulation, reduces parking congestion, promotes local economic development, reduces vehicle miles traveled, encourages alternate options, creates local jobs, and covers the last mile conveniently and affordably to the rider. Circuit has worked with the CIty of Hollywood and the Hollywood Community Redevelopment Agency since 2019 to design, build, and manage the Hollywood Sun Shuttle. The program is currently moving around 12,000 riders per month, is responsible for creating approximately 20 jobs, and has continued to improve and become a fixture of the Hollywood Community. Together, we have been able to craft a program that has gotten the attention of the press, local officials and nearby Cities; several of which have since enacted similar programs of their own. Hollywood has set an example for efficient, eco-friendly mobility that changes how communities move. The Sun Shuttle has “Exceed(ed) Expectations”1 and the overwhelming demand from riders has showcased the need for transportation services in the City. The team is excited about the opportunity to build upon the existing services and craft an updated approach to the community. 1 https://hollywoodgazette.com/sun-shuttle-is-very-successful/ City of Hollywood RFP04523SK for Citywide micro-transit Services Page 2 of 123                            561 Circuit is the largest and most experienced operator of shared, on-demand, last-mile EV shuttle services in the US. With successful operations in 40 markets across South Florida, California, Texas, New York, New Jersey, and California, Circuit provides both national expertise and local experience. In South Florida, Circuit operates in Fort Lauderdale, Pompano Beach, Hollywood, West Palm Beach, Palm Beach, and Miami, as well as a 40 cars servicing Brightline Trains, across 5 stations in the area. With more than 350 employees and 190 vehicles, Circuit has the team, resources and experience to optimize mobility for Hollywood. Over the past five years, Circuit has engaged with stakeholders and businesses in the City of Hollywood and is very familiar with the local transportation needs and community. We have years of data that can be used to improve this program and inform the City of the movement of residents and visitors. The community support has been incredible and we’re honored to be a part of Hollywood’s growth. The company's officers and project leads are as follows: Alexander Esposito CEO / Co-Founder Email: alex@ridecircuit.com Tel: 5164468513 Address: 780 S. Sapodilla Ave West Palm Beach, FL 33401 Jason Bagley Partner, National Operations Email: jason@ridecircuit.com Tel: 3054941612 Address: 1305 SW 8th Ave Fort Lauderdale, FL 33315 Alexander and Jason have the authority to negotiate and contractually obligate the company. Jason will be the primary point of contact for this program and can be contacted for further clarification. If selected, we are committed to working with the City to provide a turn-key on-demand service designed to meet the needs outlined in this RFP. Circuit appreciates your review of our submission and welcomes any questions that you may have. Sincerely, Jason Bagely Partner, Circuit Transit Inc Circuit’s corporate headquarters are located at 777 S. Flagler Drive, Suite 800 West Tower, West Palm Beach, FL 33401. Circuit also has local offices located at 2031 Harrison St, Hollywood, FL 33020 and existing infrastructure, including a large local fleet of all electric Polaris GEMs e6, electric sedans, and electric passenger vans. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 3 of 123                            562 B. Table of Contents A. Title Page 1 A.1 Cover Letter 2 B. Table of Contents 4 B1. Approach and Methodology 7 B1.1 Service Planning, Research and Analysis 7 B1.1.1 Existing Services in Hollywood and South Florida 8 B1.1.2 Local Research, Current Hollywood Sun Shuttle, and Discovery 10 B1.2 Our Project Plan 15 B1.2.1 Proposed Operating Plan:16 B1.2.2 Alternate Options for On-Demand Services 21 B1.2.3 Alternate Operating Plan A21 B1.2.3 Alternate Operating Plan B 22 B1.2.4 Alternate Operating Plan C23 B1.2.2 Drivers 25 B1.2.3 Technology 26 B1.2.4 Timeline 27 B1.2.4 Project Team and Organizational Chart 27 B2. Environmental & Sustainability Benefits 29 B3. Vendor / Contractor Capabilities 30 B3.1 Background on Circuit 30 B3.2 General Company Information CONFIDENTIAL 31 B3.3 Financial Capabilities CONFIDENTIAL 34 B3.4 Revenue and Funding Capabilities 34 B3.4.1 Advertising Capabilities 34 B3.4.2 Fare Revenue Capabilities CONFIDENTIAL 35 B3.4.3 Grant Sourcing Capabilities 36 B3.5 Technological Capabilities CONFIDENTIAL 36 B3.5.1 Ride Request App 37 B3.5.2 Driver App Capabilities 38 B3.5.3 On Demand Coverage Zones and the Smart Stop Approach 39 B3.5.4 Using Data to Steer Service Operations 39 B3.6 Vehicle Capabilities 40 B3.7.1 Vehicle Maintenance Capabilities 42 B3.7 Driver Capabilities 43 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 4 of 123                            563 B3.7.1 Driver Model 43 B3.8 Customer Service Capabilities 45 B4. Driver’s Qualifications 46 B4.2. Training 47 B4.2.1 Certifications 48 B4.2.2 Drug Testing and Hiring Standard 48 B5. Firm’s Qualifications and Experience 48 B5.1 Experience Overview 49 B5.1.1 Experience Overview 49 B5.1.2 Neighborhood Electric Vehicle Operations & Maintenance Experience 49 B5.1.3 Micro-Transit Operations Experience 50 B5.1.4 Community Engagement Experience 51 B5.2 Project Experience 53 B5.2.1 Past Project Experience- Hollywood Sun Shuttle 53 B5.2.2 Past Project- FRED 54 B5.2.3 Additional Past Project Experience 55 B5.3 References 55 B5.4 Customer Testimonials Confidential)56 B6. ADA Compliance 57 B6.1 ADA Compliance Plan 57 B7. Maintenance / Recovery Plan 58 B7.1 Commitment to Avoid Service and Operation Disruptions 58 B7.2 Scenario Response 59 B8. Risk Mitigation 59 B8.1 Emergency Management Plan 59 B8.2 Risk Mitigation Plans 60 B9. Local Vendor Preference 63 B9.1 Local Hollywood Presence 64 B10. Pricing 66 B10.1 Fixed Pricing Rate Proposed Option 66 B10.2 Circuit Alternative Pricing Options Hollywood RFP 2023 68 B10.3 Unbanked Riders 70 C. Completed Forms and Certifications 71 C1. This Submittal Checklist Confirmation 71 C2. Bid Form Pricing) CONFIDENTIAL 72 C3. Vendor Reference Forms 75 C4. Hold Harmless and Indemnity Clause 78 C5. Non-Collusion Statement 79 C6. Sworn Statement…Public Entity Crimes 80 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 5 of 123                            564 C7. Certifications Regarding Debarment 82 C8. Drug-Free Workplace Program 83 C9. Solicitation, Giving, and Acceptance 84 C10. W9 Request for Taxpayer Identification)85 C11. List of subcontractors 86 C12. Certificate(s) of insurance 87 C13. Proof of State of Florida Sunbiz Registration 89 Appendix 91 Appendix 1 Letters of Support 91 Appendix 1.1 Rider Letter of Support:91 Appendix 1.2 Letters of Support:98 Appendix 1.2.1 Water Taxi 98 Appendix 1.2.2 Downtown Development Authority, WPB 99 Appendix 1.2.3 Cityfi 100 Appendix 1.2.4 Billy’s Stone Crab 101 Appendix 1.2.5 World Tire Inc.102 Appendix 1.2.6 Margaritaville 103 Appendix 1.2.7 Le Tub, Tiki Tiki, GG’s 104 Appendix 1.2.8 Diplomat Beach Resort Valet Services)105 Appendix 2 Example of Data Report 106 Appendix 2.1 February 2023 Hollywood Data Report 106 Appendix 3 Case Studies 112 Appendix 3.1 Hollywood Case Study 112 Appendix 3.2 Brightline Case Study 115 Appendix 3.3 San Diego Case Study 118 Appendix 4 Additional Past Project Experience 120 Appendix 4.1 New Rochelle NY 120 Appendix 4.2 Brightline 120 Appendix 4.3. West Palm Beach, FL 121 Appendix 4.4 Pompano Beach, FL 121 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 6 of 123                            565 B1. Approach and Methodology In 2019, Circuit and the City of Hollywood crafted one of the most advanced Neighborhood Electric Vehicle NEV shuttle services that had ever been deployed in Florida. Circuit is very pleased to provide our plan to the City of Hollywood in its endeavor for the next generation of transportation access in Hollywood. Circuit is eager to continue to operate the Hollywood Sun Shuttle as an active, engaged and embedded partner of the City and business communities. We are very excited to evolve the current Sun Shuttle service and match the needs of the RFP. We understand that the City wants to offer dynamic allocated routes and schedules to match consumer demand and support the upcoming fixed route community shuttle services. Over the last four years, Circuit and the City of Hollywood have worked in partnership to provide residents and visitors with a micro-transit mobility offering that is effective, sustainable, supports the local business community and provides a fun experience for riders. We look forward to the next iteration of transportation offerings in Hollywood, and hope that with our carefully crafted service operations plan, we will continue to work in partnership to support the City's transportation goals for its residents and visitors. The team at Circuit is incredibly proud of the work it’s accomplished with the City of Hollywood over the past 4 years.“Sun Shuttle Exceeds City’s Expectations”Hollywood Gazette) was in the headline of an article a few months after the service started and the service, team and technologies have continued to improve ever since. Not only is the Sun Shuttle exceeding the City’s expectations, together we’ve crafted a service that is exceeding the performance of nearly every other On-Demand service in the country. Since starting, other new vendors have come about and new technologies have been introduced, but when comparing ridership, ridership per vehicle hour, rider feedback and the cost per rider, there are few, if any services, run by other operators that have been able to achieve the demand and performance that we have in Hollywood. We’re committed to the City and committed to improving the Sun Shuttle for years to come. B1.1 Service Planning, Research and Analysis We've spoken with our Managers, Supervisors and Driver Ambassadors, surveyed riders, analyzed our historical data, and are confident that we can continue to deliver, and improve upon, a successful mobility option for the residents, visitors and community members of the City of Hollywood as we have since 2019. With 12 years, 190 vehicles, 9 states and 24 cities of operations, Circuit brings its national experience and network to the benefit of each City it works with. Our roots are in South Florida and specifically Broward and Palm Beach counties, where we have operated since 2011. Based on RFP Exhibits A and B, and the desire to operate three separate micro-transit zones, we have designed a service that is supportive of the City's goals, will continue to partner with the business community, is user friendly for the residents and visitors and complementary to the City's upcoming fixed-route community shuttles. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 7 of 123                            566 B1.1.1 Existing Services in Hollywood and South Florida Since 2019, the City of Hollywood has partnered with Circuit to provide a 100% electric micro-transit solution for residents and visitors. For just $2 per rider, the Circuit-operated Hollywood Sun Shuttle takes riders anywhere within the coverage area zone through our on-demand app or by waving down a driver. Hollywood has been a model city in the region and the services have been highly utilized and immensely popular among riders in the community. For more information on the existing service, please see below: Hours of Service ●Monday:1000am 900pm ●Tuesday:1000am 900pm ●Wednesday:1000am 900pm ●Thursday:1000am 900pm ●Friday:1000am 1000pm ●Saturday:1000am 1000pm ●Sunday:1000am 900pm Total hours of operation/week: 79 Vehicles ●Eight 5Passenger 6 seat) GEM Vehicles available during the Summer Months ●Ten 5 Passenger 6 seat) GEM Vehicles available during the Winter and High Season Months ●One ADA 3 Passenger 4 seat) GEM Vehicle available year round ●One 12Passenger 13 seat) Ford ETransit Electric Van Drivers/ Ambassadors: ●19 Total Staff, 14 of which are Hollywood Residents City of Hollywood RFP04523SK for Citywide micro-transit Services Page 8 of 123                            567 ○7 Full Time ○12 Part Time Ridership: ●Total Riders/Month (past three months since RFP March 2023 submission) ○Jan 2023 11,070 ○Feb 2023 11,803 ●Average Riders/Ride (past three months since RFP March 2023 submission) ○Jan 2023 1.75 ○Feb 2023 1.88 ●2022 Total Ridership in Hollywood 146,710 riders! Note: These are logged riders and may skew 814% below the actual ridership Fare: ●Free (from launch in April 2019 to April 2021 ●$1 (started April 2021 ●$2 (started April 2022 to Present) ●$18,399 (returned/credit to City of Hollywood in February 2023 Coverage area: FEBRUARY 2023 HEATMAP CURRENT GEOFENCED SERVICE AREA Western Hollywood Pilot Service Expansion- starting March 13 2023 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 9 of 123                            568 Upcoming March 2023 Western Hollywood Service Expansion Pilot Circuit,at no additional expense to the City, and in an effort to further support understanding Hollywood travel patterns, is working with the City Engineering department to conduct a pilot program using EV vans and our existing rider app to offer service west of our existing coverage area. If selected for the RFP we hope to leverage the information from this pilot to better inform the structure of future MTZ Zone 3 services. B1.1.2 Local Research, Current Hollywood Sun Shuttle, and Discovery After reviewing the details of the RFP, we immediately began our planning and analysis process. Fortunately, with four years of operating experience in Hollywood, FL, we were able to leverage feedback from our existing riders, driver ambassadors and the local business community, our review of the RFP and the Counties transportation systems, and use historical data from our Circuit on-demand rider and driver applications as well as our growing and evolving data reporting dashboard, to inform what we believe are the best options for the community within the parameters of the RFP. What We’ve Learned from Our Riders, Drivers and the Local Business Community City of Hollywood RFP04523SK for Citywide micro-transit Services Page 10 of 123                            569 In evaluating this opportunity, we started with the community. We hit the streets, spoke with Driver Ambassadors, rode along with our riders, and reviewed rider feedback from our application and our rider surveys: Feedback from our drivers ●We are the “tour guides” for the city! Our Driver Ambassadors know Hollywood, and we help bring people back to Hollywood. The resorts, hotels, businesses, all rely on us to help drive business. ●Residents would like us to expand to additional areas, including areas further West. ●More Circuit cars on the road- leading to faster pick up times and less delays! ●There are four major categories of people who use this service. ○Senior population 65relies on Circuit to get to the grocery store, post office, pharmacy. Some do not have cars and are on fixed incomes. They need Circuit more than ever, we have developed trust with many Hollywood seniors, and they’ve come to rely on the service. For some, it is a necessity for them. ○Tourists and visitors often say “I wish I had this in our city! Many report to us that they love using the service; knowing Circuit is there gives visitors a peace of mind, that is why they love coming back to Hollywood and exploring the Downtown area. ○Residents and commuters who use Circuit to get to work every day. ○Local residents use us to get to the beach and businesses downtown as a hassle and drive-free option. Feedback from riders ●“Keep Circuit going. Your drivers are very nice. Circuit is much needed and much appreciated.” ●“Circuit prevents a lot of DUIs, accidents, and potential loss of life.” ●“Circuit is one of the things that makes Hollywood great ” ●“I enjoy Circuit. I love it when it's a nice day to just sit and relax while someone else drives.” ●“Circuit is great, I love having the windows-down, casual transportation option.” ●“With Circuit, I never have to worry about sitting in traffic with my car. I take it to/from my home to downtown and the restaurants at the Boardwalk, all while helping the environment- no gas! I love it!” ●“Circuit is a blessing for me. I don’t have a car and I’m handicapped, so I’m limited in my ability to walk distances. Circuit allows me to go grocery shopping, run errands, and even go to the beach. Im super grateful- we need more Circuit everywhere- protect our earth from car pollution and continue to offer low cost rides. Thank you.” Feedback from local business community ●“Circuit is a great addition to the community helping locals and tourists safely move around the city in an eco friendly manner. During the COVID19 Pandemic, Billy's stone crab and Circuit teamed up for deliveries to help people during quarantine. Thank you for your amazing services and helping our community!” Billy’s Stone Crab ●"We are very pleased with the results of our marketing efforts with Circuit. The combination of a wrapped vehicle along with conscientious coupon distribution by the drivers has been very effective for Rita's of Hollywood." Jody Ralfkind, Rita’s, Marketing & Community Outreach Director Letters of Support- Hollywood Riders City of Hollywood RFP04523SK for Citywide micro-transit Services Page 11 of 123                            570 In addition to the Business Support Letter, Circuit recently also published a “Letter of Support” that went out to Hollywood Sun Shuttle riders. The document received over 122 signatures, ranging from residents 72, visitors 40, local business owners 7, and others 3. Please view Appendix 1 to reference the Letter of Support Riders) and Signatures. Letters of Support- Local Businesses We’ve received numerous Letters of Support from local businesses which can be seen in Appendix 1.2 Hollywood Sun Shuttle Rider Survey We conducted a survey at the end of 2022, prior to the RFP being released and to obtain qualitative feedback from riders in Hollywood. The survey received 700 responses from South Florida Circuit riders and 141 of these respondents noted that they use Circuit primarily in Hollywood. Based on the questions and responses we learned: ●94% responded “Yes” to the question “Do you think Circuit is a good addition to your community?” ●81% responded “Yes” to the question, “Does Circuit help you save money on transportation?” ●88% responded “Yes” to the question “Would you like to see more Circuit cars in service?” We were also excited to see the large number of respondents that used the service to go to Grocery Stores, Restaurants, Local Stores, and other areas of commerce. Based on our assessment and analysis of weighted average “spends” in these types of businesses, current ridership and industry publications2, we can confidently say that the service contributes to over $350k/month in economic activity. 2 https://www.apta.com/research-technical-resources/research-reports/economic-impact-of-public-transportation-investment/ City of Hollywood RFP04523SK for Citywide micro-transit Services Page 12 of 123                            571 February 2023 Data Analysis from Existing Sun Shuttle and Methodology From this February 2023 Data Review we learned: ●Top 5 Pickup Locations and Dropoff located continue to skew towards serving leisure riders ●49% of the monthly rides were “pooled” meaning there are more than one group per ride. This is a key component to combating congestion and a key feature of the Circuit App. ●The busiest time of service is 3pm-6pm, however some riders have indicated they’d like to be able to use the service to commute in the morning In February 2023, the top five drop off and pick up areas for the Hollywood Sun Shuttle overwhelmingly showcased ridership patterns that riders are using the Sun Shuttle for shopping at Publix and for leisure trips to and from restaurants downtown and the beach. As showcased below in ridership broken down both hourly and weekly, weekend trips see the busiest service days with service dipping on Wednesdays. Ridership sees daily peak times between 2pm and 6pm, and begins to drop off by 7pm. February 2023 Ridership Average Weekday Ridership City of Hollywood RFP04523SK for Citywide micro-transit Services Page 13 of 123                            572 February 2023 Ridership Average Hourly Ridership February 2023 Heatmap Top Five Pickup Locations Feb 2023 Address 1 Margaritaville Hollywood Beach Resort 2 Publix Supermarket at Hollywood Circle City of Hollywood RFP04523SK for Citywide micro-transit Services Page 14 of 123                            573 Address 3 Mobility Hub 320 Johnson St. Hollywood FL 33019 4 Beach Pickup 1111 N Ocean Dr. Hollywood FL 33019 5 The Diplomat 3555 S Ocean Dr. Hollywood FL 33019 Top Five Drop off Locations Feb 2023 Address 1 Margaritaville Hollywood Beach Resort 2 Publix Supermarket at Hollywood Circle 3 GG’s Waterfront Ocean Resort 4 Twin Peaks Hollywood Blvd 5 DoubleTree Resort by Hilton Hollywood Beach In determining expected ridership and number of cars needed, Circuit’s team analyzed past and current Sun Shuttle data, in contrast to the given upcoming Community Shuttle routes and schedules, to determine the best service hours for the MTZ zones, and how this will impact fares and net costs. Circuit can use this data to help the City and County in crafting community shuttle routes and stops. Circuit, if the City is interested in pursuing this option, can also set up predetermined pickup and dropoff spots around the zone that align the upcoming stops for the community shuttle routes. Example: Red Line Route from Exhibit A of the RFP Left) and a heatmap of common pickup and dropoff areas from Circuit’s database Right). B1.2 Our Project Plan City of Hollywood RFP04523SK for Citywide micro-transit Services Page 15 of 123                            574 Circuit understands the City’s Goals for this RFP and we have crafted a program that meets the needs of the community and is confident that in partnership with the upcoming Community shuttles, the Hollywood Sun Shuttle will continue to support mobility options and reduce traffic congestion. We're one of the few providers with experience operating numerous electric vehicles (and types of electric vehicles) as part of the same fleet. The existing Sun Shuttle’s fleet includes standard and ADA GEM Neighborhood Electric Vehicles NEVs) and Ford ETransit EV Vans. Expanding upon our existing fleet of electric vehicles, existing team of local W2 driver ambassadors, and the Circuit on-demand rider and driver mobile applications, Circuit is prepared to continue to deliver best in class services for the City of Hollywood, as detailed in our operating plan and alternative plans listed below. B1.2.1 Proposed Operating Plan: Circuit is willing and eager to run a program that is designed to meet all of the requirements of this RFP. Additionally, as detailed in the alternate options below, Circuit would like to work with the City to explore what modifications to the service details, operating hours, vehicle types and coverage areas can be adopted in an effort to maximize cost savings, the effectiveness of the on-demand services and to promote ridership on the fixed route Community Shuttles.Circuit is also willing to pilot new areas of Hollywood to test and determine needs, usage and long term feasibility of the respective communities. Following the guidelines set forth in the RFP, Circuit will structure a service that adheres to the City’s vision, however Circuit has also offered a few alternative options for consideration. If selected, the Circuit team would love to work closely with City staff and local stakeholders to review and refine the operating plan as desired, to best meet the needs of the community within the available budget. These plans can all be adjusted and it is our hope that these examples provide further context around what modifications might be considered. Proposed Operating Plan Quick Facts: ●Total Hours Per Week:56 ●Total # of EV Vans 4 ●Total # of GEM NEV Cars:2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:3 Separate Zones ●Notes:This option is based on the hours indicated by the RFP, broken out by the zones indicated in the RFP and within the range of the current service budget. This service would reduce the number of hours compared to the current operation. Days & Hours of Operation Based on our existing data we propose the following service hours per zone. Based on seasonality and demand patterns we can amend these hours as needed or at the request of the City of Hollywood. ○MTZ Zone 1 Seven days a week, eight hours a day 12 8pm ET ○MTZ Zone 2 Seven days a week, eight hours a day 12 8pm ET ○MTZ Zone 3 Seven days a week, eight hours a day 10am 6pm ET City of Hollywood RFP04523SK for Citywide micro-transit Services Page 16 of 123                            575 Coverage Areas MTZ Zone 1 MTZ Zone 2 MTZ Zone 3 *Note: MTZ3 could be extended in the northeast corner to include service for the Hollywood Tri-Rail Station City of Hollywood RFP04523SK for Citywide micro-transit Services Page 17 of 123                            576 Vehicles Seven 7 Vehicles in Total ●Three 3 Ford ETransit EV Van ○Electric Vehicle ○Model year 2022 or newer, all weather ○12 passenger seats + driver, 0 ADA positions ●One 1 Wheelchair Accessible Ford ETransit EV Van ○8 passenger seats + driver, 1 ADA position ○Flexible to move to any of the MTZ’s when and ADA trip is requested ●Two 2 GEM e6 Neighborhood Electric Vehicle) NEV vehicles ○Electric Vehicle ○Model year 2020 or newer, all weather ○5 passenger seats + driver, 0 ADA positions ●One 1 Wheelchair Accessible GEM NEV vehicles Bonus No Additional Cost) ○Electric Vehicle ○Model year 2020 or newer, all weather ○3 passenger seats + driver, 0 ADA positions Vehicle allocation by zone ●MTZ 1 1 Ford eTransit EV Van, 1 GEM NEV ●MTZ 2 1 Ford eTransit EV Van, 1 GEM NEV ●MTZ 3 2 Ford eTransit EV Vans ●Total 7 6 Vehicles + 1 Extra Standby ADA NEV One Ford EV Van is a Wheelchair Accessible Vehicle WAV with eight passenger seats including the wheelchair, as well as one ADA GEM with four passenger seats including the wheelchair. The ADA Van will be available to move between zones as needed. As we already have a Sun Shuttle branded Wheelchair Accessible GEM car in the market we would bonus that vehicle at no additional cost to the City. Per our existing Sun Shuttle ridership data, we see 68 WAV requests per month on average. For this program, we propose all-electric GEM e6 vehicles and Ford ETransit EV Vans- one of which is wheelchair accessible WAV . These cars will operate in a demand-based coverage area with point to point service where riders can request a ride to/from any location within the geo-fenced service map. These vehicles allow for easy boarding and Circuit’s pooling algorithm will further reduce single occupancy vehicle trips by linking riders headed in the same direction, with parameters specified in coordination with the City. For further information about these vehicles and their specifications and capabilities please refer to Section B3.6 Vehicle Capabilities. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 18 of 123                            577 Fares Historical Information Sun Shuttle initially started as free to the user. In April of 2021, at a renewal of the contract, Circuit was asked to implement a $1 fare to control demand and offset some cost to the City. In April of 2022 it was decided to increase the fare to $2 per rider after the initial success of the fare implementation. Fortunately, we found that the fares did not negatively impact total ridership, and in fact led to higher efficiency due to reduced cancellations from riders. The Sun Shuttle service has been incredibly popular, so there are times where demand outweighs supply and wait times begin to climb. The fare program is a valuable tool in controlling demand and reducing cancellations. Proposed Fare Rate Confidential) The $2 rate continues to be met with little resistance, has helped efficiency, and reduced frivolous trips. We are confident that for this expanded service $2 would continue to be an appropriate fare, with the potential to increase to $3 per rider for on demand service. It could be capped at a set amount so that large groups are not paying $12 or $15 but rather cap the group fare at $7. Additionally, Circuit is building a zone pricing feature in its app so that it will be able to offer the City the option to adjust pricing based on zones. For example, the structure could be set that within a single zone the fare is $2, however if you travel between zones it increases to $3. There is also the option to provide free rides via promo codes. Hollywood riders could ride free in September, for example. Partnership with the Local Business Community We appreciate the City's intentions to tie in with the local business community and we've demonstrated our ability to work with local businesses in Hollywood, working with partners like The Water Taxi, Billy’s Stone Crabs, the Hollywood CRA to promote local events such as Art Walk, Hollyweird and Dream Car Classic, and other local stores, restaurants, and attractions. We've also built a system where we can pre-sell discount/promo codes to businesses so they can offer those codes to their customers. For example, Rita’s is one of our current advertisers, and we can provide “discount coupons” to riders, driving business to the local Rita’s stores. This concept has been well received and we will make an effort to review this, and other ways to encourage buy-in from the local business community through targeted marketing campaigns and activities. We also work with the City of Hollywood and their Marketing team on awareness and education activations, such as the “Turtle Nesting” campaign from March 2023 October 2023. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 19 of 123                            578 Grocery Distributions (during COVID, in partnership with Feeding South Florida City of Hollywood RFP04523SK for Citywide micro-transit Services Page 20 of 123                            579 B1.2.2 Alternate Options for On-Demand Services Our alternative approaches are explained in more detail below, and have the capabilities to make the micro-transit service more robust and cost effective. While increased services may increase total costs, these services allow the City to get more “bang for the buck”. Circuit is prepared to operate the service in adherence to the RFPs specifications as we have laid out in our proposed operating plan, but we wanted to bring to the City’s attention our alternative approaches as a means to serve more riders and provide a connection to other communities and mass transit. B1.2.3 Alternate Operating Plan A The 1st element of the proposed alternative plan involves joining MTZ 1 and 2 in an effort to provide more circulation along the barrier island and around downtown as well as seamless connectivity between downtown and the beach. Coverage Areas Alternate combined MTZ1 & 2 to service the barrier island and downtown and to connect both later in the evening after some Community Shuttle routes ceases operations at 5pm City of Hollywood RFP04523SK for Citywide micro-transit Services Page 21 of 123                            580 Alternate MTZ3 service area to include Hollywood Tri-Rail station and the option to extend to Memorial Regional Hospital Alternate Option A Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans 4 ●Total # of GEM NEV Cars:2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:MTZ 1 and MTZ2 become combined into a bigger zone with 2 EV Vans and 2 GEMs. MTZ 3 remains as its own zone, with slightly adjusted coverage area to include Tri-Rail and Memorial Regional Hospital, serviced with 2 EV Vans. ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP, by approx 41%, while only increasing costs by approx 22%. B1.2.3 Alternate Operating Plan B Alternate Option B Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans Peak Season): 4 ●Total # of EV Vans Low Season): 4 ●Total # of GEM NEV Cars Peak Season):2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Total # of GEM NEV Cars Low Season):2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:MTZ 3 remains as its own zone, with slightly adjusted coverage area, MTZ 1 and MTZ 2 become combined into a bigger zone. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 22 of 123                            581 ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. B1.2.4 Alternate Operating Plan C Alternate Option C Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans Peak Season): 4 ●Total # of EV Vans Low Season): 4 ●Total # of GEM NEV Cars Peak Season): 2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Total # of GEM NEV Cars Low Season): 2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$3 ●Structured:MTZ 3 remains as its own zone, with slightly adjusted coverage area, MTZ 1 and MTZ2 become combined into a bigger zone. ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Furthermore, Circuit will set up a new pricing model that will adjust rider pricing by zones. For example, a ride from Zone 3 to Zone 1 might be $4, but a ride within Zone 2 might be $2. This dynamic pricing model will also be structured to incentivize larger groups and increase efficiencies. With this option, as with any of the options, Circuit can work with the City to explore predetermined pickup and dropoff spots, using the Circuit Connect Smart Spot approach, adjusting pricing models for fares, zone-based pricing to adjust prices, and or a combination of these features. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 23 of 123                            582 Alternate Option C Zone Mtz-1 & 2 With Smart Stops* *Actual location of Smart Stops TBD, Circuit has highlighted some popular drop-off and pick-up locations Alternate Option C Zone Mtz-3 With Smart Stops* *Actual location of Smart Stops TBD, Circuit has highlighted some popular drop-off and pick-up locations City of Hollywood RFP04523SK for Citywide micro-transit Services Page 24 of 123                            583 B1.2.2 Drivers Circuit will leverage its existing team of experienced W2 employee Driver Ambassadors, Local Managers and Supervisors in Hollywood,ensuring service performance and company operational standards. 14 of the 19 current Hollywood Driver Ambassadors live in the Hollywood community and all Driver Ambassadors have experience operating in the proposed micro-transit coverage areas. As a reminder to the City, all of Circuit’s qualified W2, local, screened and background-checked Driver Ambassadors are a critical part of Circuit’s proposed approach to this project. Circuit has built a successful, proud team in the City of Hollywood, and hopes to use and expand this team going forward. The average tenure of our Hollywood staff is 21.8 months. Drivers are required to speak fluent English and several are bi-lingual, many also speaking fluent Spanish. Many of our drivers in Hollywood have been working in the community for multiple years, live locally and have become true ambassadors of the area. This local experience is not something that can be taught or trained and has continued to become more valuable in delivering the best quality of service for the City. For more details on our driver training, qualifications and certifications,please see section B4, below. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 25 of 123                            584 Circuit’s Hollywood team, fleet of event-ready GEM NEVs, 100% Electric Vans & Teslas at Safe Streets Summit 2023 B1.2.3 Technology Since the Sun Shuttle’s launch in 2019, Circuit has used our custom proprietary mobile app to move over 500k riders.Throughout Sun Shuttle’s lifetime the service has gone through 25 app upgrades to improve bug fixes, integrate fares and deliver smarter routing capabilities. Circuit’s tech team has continued to grow, improve and roadmap new features and enhancements for 2023 and 2024. Current version of the mobile app in Hollywood, including ADA request option, 2023 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 26 of 123                            585 Circuit was able to integrate fares and user payment profiles into the app in March 2021 when the service went from fare-free to $1, and again in March 2022 with the $2 fare increase. More details, including a deeper dive into Circuit’s Technology is available in Section B3.5 Technological Capabilities. B1.2.4 Timeline With robust infrastructure already in place such as experienced Hollywood Management, Supervisors, Driver/ Ambassadors, support from local Corporate staff, vehicles and maintenance, parking and charging, Circuit can seamlessly transition from existing services in Hollywood to this updated program. CIrcuit has direct access to the manufacturer and can add additional vans (beyond the current pilot with vans), within 30 days. Currently the Sun Shuttle program has been extended through July 2, 2023. Circuit is comfortable committing to operate the new service starting on, or if needed, prior to the existing contract ending. B1.2.4 Project Team and Organizational Chart Project Team Qualifications Partner/ Project Manager Jason Bagley -Jason is a National Partner at Circuit, has over 12 years of experience operating similar services in South Florida and would be the primary contact for this program. He controls all South Florida operations and comes at no cost to the City of Hollywood. Jason currently oversees Circuit’s national fleet operations for 190 vehicles and our operations with 60 vehicles in Palm Beach, Broward, and Miami counties. Jason has been operating 100% electric shuttle services in Broward County since 2011 and with his fleet expertise spends time consulting the GEM corporate technicians on vehicle diagnostics and new solutions. He will be the lead in preparing for and launching operations and will oversee local managers during operation, oversee ongoing maintenance, and coordinate any changes to service such as service expansion. He has been an integral part in launching service in several markets, as well as assisting in managing operations across the country and focusing on national quality control. Before joining Circuit in 2012, he worked as a Regional Manager for a full service National Parking and Transportation Company. He received his BA in Communication from Florida Atlantic University. Jason is based in Fort Lauderdale and is active in the community. Public Partnership Manager Alana Wortsman -Alana brings 13 years of experience in the nonprofit sector, helping to create more sustainable communities. At Circuit, she now helps manage the public-private partnerships in South Florida. Alana works with current service cities on community engagement, events, public affairs, grant opportunities, and marketing materials. Alana was born and raised on Long Island, NY and has a Communications degree from SUNY Oneonta. Alana now resides in Hollywood, FL as her place to call home. For fun, you can catch her riding her bike down Hollywood Broadwalk or running with her dog along A1A. Regional Manager Camille Santiago Manages hiring, onboarding and scheduling for all South Florida operations and comes at no cost to the City of Hollywood. Camille currently oversees and schedules roughly 35 managers, supervisors and drivers in Palm Beach and Broward counties only. Her background City of Hollywood RFP04523SK for Citywide micro-transit Services Page 27 of 123                            586 is Community focused relations with experience in transportation related industry. Manager and shift supervisor (explained below) onboarding is crucial to service success and having a dedicated manager with experience in multiple locations but at the same time hyper-focused in one area is crucial. Area Manager Bob McCure -Bob is currently an Area Manager overseeing all day to day operations of Circuit’s Broward locations. Bob has been with Circuit since 2015 where he started as a driver in Fort Lauderdale. His positive attitude, attention to detail and effective leadership has paved the way for several promotions over the years. Today, Bob manages Fort Lauderdale, Pompano Beach and Brightline Ft. Lauderdale locations and teams. Bob has used his experience in recruiting to successfully build and retain teams which has produced several supervisors and future location managers to keep up with company growth opportunities. Bob was born and raised in Plantation and now calls Fort Lauderdale home. CEO / Co-Founder Alex Esposito Started on a hunch that shared, electric rides would help alleviate parking congestion at the beaches, Circuit (formerly The Free Ride) has evolved into a last-mile mobility solution that’s embraced by cities across the US. He has 10 years of experience in on-demand electric micro-transit services. Prior to Circuit, Alex worked as a consultant for Accenture NYSE ACN and in marketing for Vistaprint Nasdaq: CMPR. He holds a BS in Finance and MBA from Bentley University. Alex has been a featured contributor at Smart Cities NY, LA CoMotion, 2020 Cities Boston, South Florida Safe Streets Summit, Urban-X and LACI. He’s been recognized as a Forbes Next 1000 Entrepreneur and a Association for Commuter Transportation (actweb.org) 40 under 40 award recipient. Alex is based between Circuit’s Fort Lauderdale Office. COO / Co-Founder James Mirras Oversees all national operations and will work closely with Jason Bagley to plan and set up operations, hiring processes, tech improvements, reporting processes, metrics, and any additional requests of the City of Hollywood. James is the head of Operations and Finance. He has a total of 10 years of experience in transportation services similar to those requested by this RFP. Beginning in 2011, James started the Hamptons Free Ride (now Circuit) operations in East Hampton, Southampton and Montauk, NY. His attention to detail, people skills, and strong work ethic helped create a solid foundation that the company has been able to grow from. James moves between the company’s locations, focusing on business development, management training, vendor relations and overall strategy. James received his BS in Finance from University of Florida. After graduating in 2009, he worked for Morgan Stanley NYSE Transportation Development Coordinator Isabella Downes Isabella is a Transportation Development Coordinator at Circuit, supporting sales and partnership teams to launch on-demand 1st/last mile mobility solutions. Isabella has 5 years experience working to drive innovation between public and private entities. She has launched over 10 micro-transit services that are meant to act complementary to existing transit infrastructure or as stand alone services in light of no other transit options. Isabella has published two studies exploring transportation access in various US cities and the impact access has on socioeconomic development. Isabella holds a BA in Public Relations from Wayne State University and an MA in Sustainable Urban Development from DePaul University. In addition to her role at Circuit, Isabella serves on the Young Professionals in Transportation- NYC Board as the Director of Programs Co-Chair. She is very passionate about solving complex transportation justice issues. Head of Technology Tucker Costello Tucker is the Managing Director, Internal Development for Circuit. He handles internal business and technical development. He has over 5 years of experience in transportation services similar to those requested by this RFP. He handles new app deployments, City of Hollywood RFP04523SK for Citywide micro-transit Services Page 28 of 123                            587 including testing and ongoing support. He works closely with our operations teams to incorporate partner, driver, and rider feedback from our locations to ensure a seamless experience throughout our platform with timely and relevant updates. Tucker holds a BA from Skidmore College. Over a decade of hands-on hardware and software implementation has given him a deep understanding of how technology enhances our work. Tucker would handle the location deployment within the mobile app, testing and coordination with operations staff, handle features requests, and lead ongoing testing and technical support. In House Counsel Anita Chen -is counsel for business development. Anita received her BS in Finance and Marketing from New York University and her JD from Touro College Jacob D. Fuchsberg Law Center. Prior to law school, she worked at Bankers Trust Company in New York City as an associate in their commercial paper department. As a lawyer, she worked for LeBoeuf, Lamb, Greene & MacRae as a litigator representing clients including Lloyd’s of London, Prudential Financial and Barneys New York. After several years in the private sector, Anita joined Manhattan Legal Services representing low-income residents in New York City. She now counsels for many small-businesses including taxi medallion companies, real estate holding companies, bars and restaurants. Anita has been with Circuit since 2018. Organizational Chart B2. Environmental & Sustainability Benefits We understand and appreciate the City’s desire to implement environmentally friendly services to the City of Hollywood RFP04523SK for Citywide micro-transit Services Page 29 of 123                            588 community. With the Sun Shuttle, Hollywood was a first-mover in Florida as it relates to deploying electric vehicles into public services. With the current Sun Shuttle program, Circuit and the City are currently helping to avoid over 9 Metric TONS of GHG emissions per month. Circuit applauds the City of Hollywood for its committed, forward thinking and dedicated approach to solving last mile, congestion, and emissions challenges and the strong commitment to a sustainable fleet. Circuit remains committed to using only 100% battery electric vehicles. The vehicles are ideal vehicles for short-range, sustainable, about-town transportation and Our 100% electric fleet exceeds the RFP’s specifications for “environmentally friendly and sustainable vehicles”. Fortunately, impact is inherent in the service we offer. The more shared rides that we provide, the more emissions and vehicle miles traveled VMTs) are reduced. There will be a heavy emphasis on ridership and we will measure success based on metrics including but not limited to: total ridership, riders per ride, riders/hour, jobs created, connections to transit, customer experience, and GHG emissions reduced. High ridership shows us that riders are happy, the service is priced effectively and the design meets the needs of the community. High ridership also reduces the Cost Per Rider CPR. Single Occupancy Vehicles are bad for Cities. Circuit hopes that this program will continue to demonstrate how eco-friendly, shared and sustainable programs can help reduce the need for single occupancy vehicles SOVs), promote ridership on existing Transit, create jobs and reduce commuting costs, GHG emissions and VMTs. Electric first/last-mile micro-transit is a great option for all types of communities and has proven to be a success in Hollywood. Tracking the environmental benefits will be a priority moving forward and will help to unlock more funding from upcoming environmentally focused grant programs. Circuit has been fortunate to receive grants for environmental reasons including but not limited to our programs with NYSERDA, Clean Mobility Options Grants CMO, CARB Funding California Air Resources Board) and others. Circuit will track greenhouse gas emissions and tailpipe emissions reductions. We can provide estimates based on projections for vehicle miles traveled and FHWA and EPA metrics and constants for average vehicle miles per gallon by vehicle type and carbon constant for gasoline fuel. We can also generate these based on a shared ride model including ridership, average trip distance, and FHWA and EPA constants and metrics. B3. Vendor / Contractor Capabilities B3.1 Background on Circuit Circuit has enjoyed working with the City of Hollywood since 2019 to launch and operate the Hollywood Sun Shuttle. With over 11 years of experience, Circuit has established itself as a national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EVS and NEVs. We have a currently existing fleet of 13 electric vehicles, and a team of 19 EV trained and W2 paid employees in Hollywood. Additionally, we have a corporate team already in place in Hollywood, Florida with expertise in national operations, marketing, advertising sales, technology, reporting, and expansion. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 30 of 123                            589 Our corporate team has extensive experience in planning, designing, implementing, reporting, and maintaining NEV micro-transit programs and has operated programs similar in size and scope to this RFP, including fare-based systems. Our high customer satisfaction ratings and high demand are a testament to the superb customer service provided by our driver ambassadors and management. Circuit prides ourselves in closing first / last mile gaps and providing an enjoyable and safe rider experience. This encourages riders to avoid using single occupancy vehicles or private rideshare services that add congestion and pollution, as we have seen in Hollywood since the launch of Sun Shuttle. Specifically, Circuit has been the most successful in: 1. Connecting riders with local destinations including local businesses, restaurants, nightlife, transit, and parking 2. Encouraging ridership and ridership on other forms of transit 3. Forming public private partnerships PPPs) with cities, developers, entertainment and sports complexes, and local agencies to craft services for hyper-localized coverage areas 4. Building local, trained, w2 and background-checked teams that maintain a level of quality control and understanding of the area creating an enjoyable customer experience. B3.2 General Company Information CONFIDENTIAL General Information Within the last five years, Circuit has operated similar on-demand shuttle services using all-electric vehicles in Florida under contract with government entities, including City of Hollywood, City of Fort Lauderdale, City of Pompano Beach, City of Wilton Manors, West Palm Beach Downtown Development Authority, and Palm Beach County Convention Center. We have a current service contract with Brightline Trains. We have also privately funded services in Miami, Pompano Beach, and Palm Beach Gardens. Circuit also has experience with FDOT funding requirements. ●Business Name:Circuit Transit Inc. (wholly owned Subsidiary of TFR Holdings Corp) ●Corporate Headquarters: 777 S Flagler Drive, Suite 800W, West Palm Beach, FL 33401 ●Phone Number: 6465043733 ●Website:www.ridecircuit.com ●Corporate Employees: 32 Full Time ●Driver Ambassadors: 360 ○Full Time: 159 ○Part Time: 154 ●Professional Staff: Circuit has 92 employees working in Broward County, with 19 in Hollywood. Circuit has a total 164 South Florida employees. ●Employee Retention: Quarterly Avg): 94% ●Local Hollywood Address:2031 Harrison St, Hollywood, FL 33020 Circuit has a current office in Hollywood Florida. If selected for the next iteration of the Hollywood Sun Shuttle service, Circuit will use the local office at Buro at 2031 Harrison St, existing vehicle charging and parking at Circ Residences/ Publix garage at 1780 Polk St and at Costa Hollywood Beach Hotel at 777 N. Ocean Dr. Additionally, Circuit has a nearby regional office at 501 E. Las Olas Blvd, Suite 200, Fort City of Hollywood RFP04523SK for Citywide micro-transit Services Page 31 of 123                            590 Lauderdale, FL 33301.Circuit has a Corporate office at 777 S Flagler Drive, Suite 800W, West Palm Beach, FL 33401 ●Business Incorporation Date & Location Circuit has been operating in Florida since 2011 through its wholly owned subsidiaries Eco Cab LLC and South Florida Free Ride LLC. Eco Cab LLC and South Florida Free Ride LLC were organized and formed in the State of Florida in 2008 and 2012 respectively. As a part of the restructuring of the companies, Circuit Transit Inc was incorporated in 2018 in the State of Florida acquiring Eco Cab LLC and South Florida Free Ride LLC. Circuit Transit Inc, previously TFR Transit Inc, is a wholly owned subsidiary of TFR Holdings Corp, which is incorporated in the State of Delaware. ●Local Business and Legal Status -Circuit Transit Inc is a C Corporation incorporated in Florida. Circuit Transit, with its affiliated operating companies, has been operating in Florida since 2011. Circuit is a local business with current operations in Broward County in nearby communities including Pompano Beach, Fort Lauderdale, and Hollywood as well as a partnership with Brightline. Circuit operates over 40 on-demand micro-transit services across the US. Circuit is the operator of the Hollywood Sun Shuttle, Pompano Beach Circuit, West Palm Beach Circuit, and Brightline+ shuttle services. ●Business Licenses, Permits & Certifications Circuit has all required documentation in place to operate the services described in this RFP in the State of Florida and has operated similar services in Broward County. ○EIN 824586300 ○DUNS 117547537 ○US DOT 3562459 ●State of Florida, Applicable Code & Regulations:Circuit is fully licensed and certified in the State of Florida at the time of submittal for the type of goods/services to be provided. Circuit understands the regulatory requirements for the services to be provided and has met them for other city contracts. Circuit can meet these requirements and will adhere to all applicable code regulations at the Federal, State, and City levels. Primary Contact Person:Jason Bagley, Partner, National Operations - jason@ridecircuit.com - 3054941612 Additional Points of Contact : ●Alexander Esposito CEO & Co-Founder - alex@ridecircuit.com ●James Mirras COO & Co-Founder - james@ridecircuit.com ●Isabella Downes Transit Development Coordinator- isabella.downes@ridecircuit.com 7344784732 Business Structure, Parent Company and Subsidiaries Circuit Transit Inc. is a wholly owned subsidiary of TFR Holdings Corp. Eco Cab LLC and South Florida Free Ride LLC are wholly owned subsidiaries of Circuit Transit Inc. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 32 of 123                            591 Evaluations and Reporting Staff Evaluations Circuit conducts regular management and staff performance reviews on a quarterly basis. During these sessions, we encourage the staff to also share their evaluation of the program and ways to improve service. We hire locally - our staff are part of the community they are serving. Their input and expertise is valuable, and we encourage this feedback loop. Managers also conduct monthly ride-alongs with drivers, providing an additional touchpoint for evaluation, feedback, and training. Leveraging Data to Improve Performance We use the data we collect to continually improve our services and increase system efficiencies and quality. We analyze this data to make operational improvements - not just for reporting on performance. That ensures continued improvement through real-time changes combined with the operational management structure Circuit puts in place. For more information on how we use data to improve our services and our technological data capabilities, please see Section B3.5 Technological Capabilities. Other Reports Maintenance, Customer Service Circuit can provide other reports and updates as needed by the City and can include these in regular monthly reports as well. Circuit uses fleet management software to maintain logs and important information about its fleet status and maintenance. Our internal team manages and logs customer service and feedback. We also can include spatial mapping, such as the report below. Current Projects: Circuit has experience operating electric micro-shuttle operations in 40 locations across 9 states, including: Florida Services Hollywood Pompano Beach Fort Lauderdale Wilton Manors West Palm Beach Palm Beach Miami Brightline+Fort Lauderdale, West Palm Beach, Miami stations) Gardens Mall Palm Beach Gardens) The Ben Hotel California Services San Diego Santa Monica Marina del Rey Venice Culver City Huntington Beach Inglewood SoFi Stadium NFL games, Super Bowl) Chula VistaLong Beach New York Services New Rochelle Williamsburg Brooklyn) East Hampton Southampton Montauk Amagansett Hauppauge Industrial Park Clean Air NY Pilot) New Jersey Services Asbury Park Belmar Shore Texas Services Dallas West Dallas Austin Houston Other State Services Boston, MA Plymouth, MA City of Hollywood RFP04523SK for Citywide micro-transit Services Page 33 of 123                            592 Circuit has been fortunate to work with a number of cities and private clients on many micro transit projects that are similar to the services being described in the RFP. To learn more about our past project experience please reference section B5.2 Past Project Experience. Experience, Awards and Recognition -Circuit has been fortunate to work with, learn from, and be recognized for various Micro-Transit Initiatives around the US. For more information on Circuit’s Experience, Awards and Recognition, please see Section B5.1.3 Micro-Transit Operations Experience. Experience with Drivers, Hiring, Training, Performance Please see more information about Circuit’s experience with a W2, employee driver workforce in Section B3.7 Driver Capabilities. B3.3 Financial Capabilities CONFIDENTIAL As shown by its experience in Hollywood, FL, Circuit has the financial capabilities to run, manage and scale this program. Circuit recently raised a Series A round of financing that was lead by Tribeca Venture Partners with additional investments by CitiBank3Impact Engine, Los Angeles Cleantech Incubator LACI’s Impact Fund and has previously received investments from notable investors including Urban-X, Third Sphere and the BMW Mini Group of North America. Circuit would be happy to provide more detailed evidence of our financial capabilities upon request. For general guidance, Circuit’s 2022 Annual Revenue: $15.5M USD B3.4 Revenue and Funding Capabilities B3.4.1 Advertising Capabilities Circuit is able to continue to offer third party advertising as an additional revenue option. Circuit currently offers a revenue share of advertising sold and executed on the service, and will continue to do so to lower the cost of the service for the City of Hollywood. Circuit has a successful history of planning, selling, and executing advertising campaigns for a variety of local and national advertisers with the City of Hollywood. The brand has a clean track record and is recognized as a reputable transportation company as well as a dependable media vendor. Advertising options include exterior vehicle wraps, interior digital displays, email/social campaigns, and product sampling. Circuit’s in-house ad-sales team has 45 years of combined experience designing, planning, selling and executing transit media campaigns. This advertising program can also help to promote local businesses, as we’ve seen by working with groups like Billy’s Stone Crabs, Ritas, and the Hollywood Golf Course. We see advertising as a way to reduce costs and provide a fun and engaging experience for the riders. We have found that brand sponsors improve the rider experience and the methods Circuit uses to advertise on behalf of its advertisers can also be used to market its services to future riders. Circuit has found that 3 https://www.prnewswire.com/news-releases/circuit-raises-11m-series-a-to-expand-ev-shuttle-business-301619296.html City of Hollywood RFP04523SK for Citywide micro-transit Services Page 34 of 123                            593 our parameters around appropriate ads align well with those of our partners, and the City would continue to have final say on what advertisements are allowed and what would not be permitted. Any advertiser and specific content would be submitted for City approval. Based on our confidence in securing advertising partners, Circuit has included a guaranteed discount to the City as further detailed in section B.10. Some examples of past campaigns are included in the images below. Local businesses advertising on Circuit vehicles in Hollywood, FL. B3.4.2 Fare Revenue Capabilities CONFIDENTIAL Circuit has experience operating fare-based services in Hollywood, FL. In 2021 Circuit implemented a low-cost fare into the Hollywood Sun Shuttle program. The $0 service moved to $1 and Circuit saw the total ridership continue to grow, despite the increase. Upon further investigation, Circuit learned that the lack of impact on demand caused by the fare was largely due to the large increase in TNC prices in the area. In this example, the average TNC fare was over 4X higher, for rides starting and ending in the area. Furthermore, the team found that fares had an impact in reducing cancellations from riders and therefore led to a more efficient system that moved more riders. This fare model has worked well and Circuit has regularly reported on these fares and used them to reduce the cost of the service to the City of Hollywood. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 35 of 123                            594 Circuit’s technology includes capability to charge fares on a flat fee basis as well as dynamic pricing, discount codes, and group rates. We have tested and proven technology, policies, and programs for offering fare-based programs. Our mobile app can accept payment via debit, credit, and prepaid cards. The application has the ability to charge a fee for service and has security in place to store encrypted credit card information via a third party integration with Stripe. For this program, Circuit will offer a flat fare of $2, keeping the fares consistent with how they’ve been structured in the past. Circuit has the ability to adjust this fare as needed, at the request of the City. Circuit can also “sell” promotional or access codes to local businesses so that they can prepay fares for employees and or customers. This approach can be useful in getting more financial support from the local business community and aligns with the City’s goal to make the program more financially sustainable. As part of the alternate options in Alternate Option C, Circuit has mapped out how increasing the average fare to $3 would impact the net cost of the service. Circuit, if the City is interested, can build a program that automatically adjusts fares based on the zones traveled to and from. For example, it might be $4 to go from Zone 3 to Zone 1, but only $2 to travel within a zone. Using this approach can increase the average fare collected per rider across the system. We can also cap the total fare per ride so adding additional riders will be less expensive than the first one. B3.4.3 Grant Sourcing Capabilities Circuit prides itself in our ability to help our partners source funds for initial launches, service expansions and to pilot new zones. Now, more than ever, grants are available to implement sustainable micro-transit systems that provide equitable and accessible transportation options that give way to environmentally forward thinking solutions. Our team, as we discover appropriate grant opportunities, will bring possible funding solutions to the City. Circuit has successfully secured grants and/or worked with Cities on grant programs in NY, CA, NJ and FL. Circuit has also been selected for and awarded grants from the State of California and State of New York with its municipal partners, including a recent Clean Mobility Options grant in 2021 and Clean Transportation Challenge Planning Grant for Electric Mobility in 2022. B3.5 Technological Capabilities CONFIDENTIAL Circuit’s custom proprietary mobile app for requesting rides available for Android and iPhone is available in both English and Spanish, with the ability to add additional languages to the platform as needed. Website: www.ridecircuit.com Apple: https://apps.apple.com/us/app/ride-circuit/id988052033 Android: https://play.google.com/store/apps/details?id=com.thefreeride.rider Circuit has developed its technology over the past 11 years and has built the technology with a variety of features that can be turned on and off, depending on the coverage area. Some of these features include approaches for smart spot locations vs fully on-demand, a pooling algorithm to maximize the utilization of the vehicles, dynamic fare models with flexible pricing and discount options, ADA accessibility and request features, Spanish language options, ratings and reviews and a number of other features. As the City is aware, our features have been built using feedback from riders, drivers and customers, utilizing the data generated across millions of rides. Since launching the Sun Shuttle service, we’ve introduced multiple new City of Hollywood RFP04523SK for Citywide micro-transit Services Page 36 of 123                            595 versions of the app every year and continue to strengthen our roadmap of new features and options. This process is ongoing as we consistently strive to create the best user experience for our riders and partners. Riders have consistently rated our services very highly, both in internal and external surveys as well as the app stores. We have a 4.8 rating on the App Store and a 4.5 on Google Play (out of 5 stars), distinguishing us as the highest rated service on the Google Play Store compared to other micro-transit and rideshare services. We are committed to excellent customer experience and long term success, and our customer service team replies to all reviews in the app stores. The app is designed specifically for running and managing these types of on-demand, last-mile EV shuttle services and has been built and optimized based on data gathered from over 5M rides along with rider and driver feedback. Our user app is complemented by our driver facing app and management dashboard - a technology suite that we built specifically for our neighborhood electric vehicle operations. Circuit owns the app, all of the data, and can provide robust data reports, often limited by firms using white-labeled solutions. This further allows the team to make customized adjustments as needed by the City. Our ability to collect, record, clean and present data is always improving as we believe data is a key factor in providing an excellent standard of service. Circuit has recently partnered with Snowflake to create new databases that will allow for faster reporting, more flexible data analysis, and better visualization of data. If selected, Circuit looks forward to sharing these new capabilities with the City. Our dynamic pooling feature has resulted in 30% increases in ridership using the same number of cars and operating hours. This is true when we measure against our own services (turning pooling on and off) and also true when compared to other operators nationally.Pooling not only increases ride efficiency, it also decreases traffic, emissions and cost-per-rider, where we’ve proven to be more effective than other service operators. Unlike many white label solutions, Circuit owns its technology and is able to quickly and flexibly make adjustments and improvements. We are constantly improving the service and adding new features, which would continue to be available to the City at no additional cost. As with other local operations, Circuit can adjust the service territory, hours of operation, and other factors in a timely manner during the planning or implementation stages as needed - such as adding new service territories, adjusting temporarily for special events, adjusting seasonally, adjusting fare, piloting new zones etc. We also have a system in place for notifying riders of any changes to service, including in-app messaging such as updates to safety protocols and emergency conditions (hurricanes, flooding, etc). B3.5.1 Ride Request App Circuit has a custom mobile application available for iOS and Android phones where rides can be hailed within a geofenced zone. This application is a fare-integrated service model and is very user-friendly. Within the app, the user can see information about the service, add payment methods, see the coverage area map, select their desired pick up and drop off within the geofenced coverage zone, input number of riders, and request a ride. They are shown the estimated wait time, the location of the assigned car while on its way, and are alerted when the driver is close. After their ride, they can give a rating. Drivers receive notifications of the requested rides. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 37 of 123                            596 The service territory is a geo-fenced coverage area that ensures rides can only be requested and completed within the service territory. Our team makes sure that these geofenced zones include exactly the territory desired and that riders can make a request anywhere within this zone. We can also exclude roads and highways with speed limits higher than 35ph within this zone to ensure vehicles are not dispatched to areas where pickup is not possible due to speed limits. Key Advantages of the App ●On-Demand; ●Ability to add pre-determined Smart Stops to reduce wait times in larger zones ●Data Tracked for Ridership, Reporting, Heat-mapping & Management purposes; ●Ability to notify riders of service disruption through multiple avenues. ●Ride pooling to reduce congestion and wait times. ●Fare Collection features with Discount Code Options ●Driver facing capabilities to communicate with riders via text and call prior to boarding the vehicle Circuit is working on several integration projects and can work with the City and County to integrate the Circuit rider app with other transportation applications, including applications that might be introduced with the upcoming fixed route community shuttles. B3.5.2 Driver App Capabilities Circuit’s driver app and proprietary dashboard is used to manage drivers and generate reports. Each of our drivers is provided a company phone to see ride requests, safely communicate with management and riders, and optimize routes. Our operations and technology teams work closely together to test new features and updates and fix any issues that arise. Our hailed ride feature enables drivers to track non-app-based requests through the driver app. With our pooling feature, multiple rides are able to be assigned to a driver and are viewable in a queue format to the driver. Circuit can work with the City for any desired technology integrations, and can provide any necessary performance and data reporting. Ride request heat map from Hollywood Sun Shuttle Program City of Hollywood RFP04523SK for Citywide micro-transit Services Page 38 of 123                            597 B3.5.3 On Demand Coverage Zones and the Smart Stop Approach For point-to-point service, a rider can go to and from any location within a geofenced coverage zone, typically focused on a small, localized coverage area. As mentioned in our alternative options, a capability of our technology includes the ability to set up a smart stop approach. The smart stop approach allows the rider to go to and from any predefined smart stop within a specified coverage area. A smart stop could be a predefined location at a school, transit hub, affordable housing community - or these could be spread throughout the community every few blocks, for example. We believe the smart stop approach is beneficial when covering larger service zones Circuit is flexible and able to adjust service before and after launch of services. As data comes in, Circuit can work with the City and the community to fine tune the service to best support the community shuttles in each zone. Please see below for a sample of proposed smart stops by zone. MTZ1 Smart Zone Stops ●The Diplomat Beach Resort,3555 S Ocean Dr. ●Harry Berry Park,301 Azalea Terrace ●Arizona Street (By Taco Shack, across from Billy’s Stone Crab) ●Charnow Park , 300 Connecticut S. ●Hollywood North Beach Park, 3601 N Ocean Dr. ●Walmart, 2551 E Hallandale Beach Blvd MTZ2 Smart Zone Stops ●Young Circle ●Publix, 1740 Polk St. ●Washington St. ●Hollywood City Hall, 2600 Hollywood Blvd. ●930 S 26th Ave. MTZ 3 Smart Zone Stops ●Publix Supermarket at Hollywood Mall, 3251 Hollywood Blvd. ●David Park Tennis Center,510 N 33rd Ct. ●Broward County South Regional Courthouse,3550 Hollywood Blvd. ●Orangebrook Golf & Country Club,400 Entrada D. ●Bob Butterworth Park, 5202 Washington St. ●Memorial Regional Hospital South,3600 Washington St. ●Washington Park,5199 Pembroke Road ●Harrison & S 56th Ave ●Sal Oliveri Veterans Park, 4701 Tyler St. B3.5.4 Using Data to Steer Service Operations Circuit has 4 years of information from our other shared, on-demand, electric shuttle services, allowing the team to utilize data from the Sun Shuttle, as well as other nearby Broward County operations and other comparable operations around the country. Consideration taken when forecasting ridership: City of Hollywood RFP04523SK for Citywide micro-transit Services Page 39 of 123                            598 ●Size of the Coverage Area ●Hours of Operations ●Marketing to grow ridership ●Input from local stakeholders ●Performance of Comparable Programs ●Other transportation in the area While our data, local outreach, analysis, and research provide valuable insights month over month, we understand there will be unknowns and that we must monitor data and work closely with local stakeholders to make sure that we continuously adjust and improve the service to make sure it’s set up for long-term success in the City of Hollywood, as we have done since Sun Shuttle’s 2019 launch. We have refined our approach and recommendations in close coordination with City and CRA officials. Circuit’s Data Dashboard, Analysis and Expanded Features Since starting the program in 2019, Circuit has delivered monthly data reports to the City of Hollywood. By leveraging data from upwards of 17,000 transactions in a month, we’ve developed a healthy data set that provides information on top pick up and drop off locations, insights into ridership broken down by service hour and day, and the ability to monitor ridership growth throughout the service's lifetime. The system has also gone through numerous updates over the years and we’re proud to share that in the last 3 months we’ve built a relational database that integrates numerous data sets to help with data visualization, analysis and reporting. If selected for the next phase of the Hollywood Sun Shuttle program, Circuit now has the ability to add additional licenses for our City partners. Our ability to collect, record, clean and present data is always improving as we believe data is a key factor in providing an excellent standard of service. Circuit has recently partnered with Snowflake to create new databases that will allow for faster reporting, more flexible data analysis, and better visualization of data. If selected, Circuit looks forward to sharing these new capabilities with the City. Our next iteration of data reporting is a great value add for operations and transportation planning, this dataset can be a particularly valuable asset for the Cities long term urban planning initiatives. There are examples of updated data reports in Appendix 2, below. Pictured here is an example of the new zone-based analysis and heatmaps that have already been built. B3.6 Vehicle Capabilities In line with the RFP’s desire to have a sustainable fleet, Circuit proposes to use the currently existing GEM E6 all-weather, 100%-electric cars from Polaris Inc and Ford ETransit EV vans. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 40 of 123                            599 Sea Turtle Nesting Season Artwork on GEM Neighborhood Electric Vehicle Neighborhood Electric Vehicle NEVs)Circuit will continue to use GEM E6 all-weather, 100%-electric cars from Polaris Industries. The slim and efficient design reduces interference with traffic and decreases passenger load time. The cars are ideal for short-range, about-town transportation. The cars are easily kept clean and are outfitted with comfortable seats, ample legroom, fans, 3-point seatbelts, cargo space, and a friendly, local ambassador/ driver. They include all-weather options, and Circuit operates these vehicles in South Florida markets year-round. The car’s design is fun and inviting in nature. Hollywood Sun Shuttle riders have responded very favorably to these vehicles. Ford E Transit Electric 13 Passenger Van Ford Electric Passenger Van There are a number of electric passenger van options that Circuit has used in other markets. There are OEM options as well as conversion technology options. Circuit has directly used Lightning Systems and Maxwell converted electric passenger vans. They are ideal for roads with speed City of Hollywood RFP04523SK for Citywide micro-transit Services Page 41 of 123                            600 limits above 35 mph, programs requiring higher capacity, suburban trips, and can be outfitted for ADA accessibility. ADA Service Vehicles We are able to offer one 1 Ford ETransit EV Van which offers a full automated lift and the ability to secure wheelchairs within the vehicle, and 8 total seats (as opposed to the usual 12, + driver). Additionally, we are able to offer one 1 WAEV Formerly Polaris) GEM e6 ADA vehicle which offers a full, fold out ramp and the ability to secure wheelchairs within the vehicle, and 4 total seats (as opposed to the usual 5 seats, + driver). Circuit is pleased to offer this vehicle to the City at no additional cost, as it is a part of the existing Hollywood Sun Shuttle existing fleet. Samsara AI Dash Cameras Circuit has recently installed Samsara AI bi directional Dash Cameras in the entire fleet of shuttles in Hollywood. These cameras use computer vision to analyze the road and driver behavior in real-time—making it possible to detect distracted driving and even warn drivers of an impending collision, helping prevent accidents before they happen. Any incidents of distracted driving or harsh braking events trigger an alert to “watchers” of specific vehicles. This group includes direct local management, Regional and Corporate Management. Circuit Management staff can view real time video and still views of the interior and forward facing exterior view of the entire fleet at any given moment. For any incidents the footage can be viewed and saved to determine fault of any accident. Samsara AI Dash Cam dashboard with both views, saved footage and trip details including trip route, duration and pick-up and drop-off locations. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 42 of 123                            601 B3.7.1 Vehicle Maintenance Capabilities Our in-house mobile service maintenance technicians are able to quickly respond to needs, and also adapt vehicles for the market. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,0005,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to planning future needs. Each vehicle within our fleet has a unique ID. Our operations team tracks vehicle characteristics and status through fleet management software and communicates this status to Regional Management and other corporate team members through shared documents and project management software. These characteristics and status include driver vehicle check forms, current and pending advertising campaign information if any, maintenance records, assigned operating location or special event, mileage, as well as general information such as color, make, model, year, features. Drivers check vehicles before and after each shift and fill out a vehicle check form. They perform cleaning duties before, during, and after their shift. Any issues are noted and reported to local managers, who coordinate maintenance and repairs. We have trained and certified maintenance staff in each operating region, and would train a local maintenance team in Fort Lauderdale to manage regular and ongoing maintenance for local operations, with manufacturer certification for the vehicles in use. B3.7 Driver Capabilities Circuit has a robust hiring and training program backed by standard operating procedures, driver manuals, and emergency and health & safety plans designed to provide high quality customer service through a fun and convenient on-demand service. As now with the current Hollywood Shuttle, Circuit will continue to ensure all drivers meet and follow the required guidelines as required by the RFP. As the City of Hollywood is aware, Circuit prefers to hire local w-2 Driver Ambassadors from within our service area who have local knowledge and experience. We focus on hiring drivers with high degrees of customer service and professionalism as well as local knowledge of the community, as our drivers are ambassadors for the local community.This model reduces greenhouse gas emissions by keeping workers local and supports the local community by providing jobs. Currently, 14 of our 19 Hollywood Sun Shuttle Drivers are Hollywood residents. You can find further details in the Driver Model section below. Quality Control is why we have successful operations throughout the country with several locations running for more than 5 years. We focus on recruiting, hiring, onboarding and training service oriented candidates with a strong driver safety record. Along with Driver Ambassadors we employ location Supervisors, Location Operations Managers, Regional Operations Managers and local corporate support. We use several training and monitoring programs including our own admin dashboard (backend of the Ride Circuit app) for a real time look at activity in the field - driver/ ambassador gps location, trip queue, availability status and rider reviews of the Driver/ Ambassador. Samsara AI Dash Cams provide a real look into the individual vehicles. Can record any video clips and alert the supervisor and management teams for any harsh events. Regular feedback and reviews by management to address any areas of concerns and give feedback. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 43 of 123                            602 B3.7.1 Driver Model Each Circuit location has a dedicated team of managers, supervisors and drivers to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. Upon award of this contract, Circuit will be easily able to leverage our current driver ambassador team, and as needed, develop and provide a more specific staffing and personnel plan tailored to the final service scope. Please see below for the positions that are staffed to make up Circuit’s Driver and Fleet Team: ●General Manager / Operations Manager:Full time hired positions (depending on scope). Responsible for day-to-day operations, vehicles and staff. Reports directly to the Region General Manager. Direct reports are Shift Supervisors and Driver Ambassadors. Perform dispatch and customer service responsibilities as needed ●Shift Supervisor:Full-time hired positions. On-site at all times during service hours. Perform dispatch and customer service responsibilities as needed. Additional training and responsibilities. All shifts include at least 50% of shift driving in service. Shift reporting and “hand-off” submissions ●Vehicle & Warehouse Maintenance Manager:Circuit regional technician licensed and certified. Weekly, monthly & quarterly vehicle maintenance schedule. Direct contact with vehicle manufacturers and systems. Additional responsibilities, response, and reporting requirements as specified in this CFP. As needed, other operational staff may be trained and certified to assist Maintenance Manager with maintenance responsibilities ●Driver Ambassadors:Full-time and part-time employees Circuit hired, W2 employees). Living-wage pay and benefits. Follow Circuit operational policies and local rules for revenue service ●Driver Staffing:We first hire a base of full-time, set schedule drivers and then a base of part-time, set schedule drivers. We then hire a smaller group of fill-in drivers who do not have a set schedule but actively work each week to round out the schedule, either picking up any open shifts known in advance and/or fill in on call. We have a combination of longer shifts, allowing time for finishing rides, cleaning their vehicle, and checking out. We stagger and mix in shorter shifts throughout the day based on demand data learned over time to maximize efficiency. Circuit uses shift scheduling software to plan its staff schedules and make the process seamless for employees. What We Look For In A Driver Ambassador ●Outgoing, Inviting, Friendly ●Local Resident and/or Local Knowledge ●Safe & Responsible ●Customer Service experience ●Team oriented ●Self-Motivated with a focus on development ●Dependability Driver Requirements ●Legal:All Circuit drivers must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. ●Insurance Clearance:Background Check: All Circuit drivers must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 44 of 123                            603 ●Personality:Circuit employees are more than drivers. Everyone is an ambassador to both the Circuit brand as well as sponsor brands. We look for motivated, outgoing, excited and responsible employees to represent our brand. ●Pre-Hire Driver Exam:Potential hires lastly go through a physical driving exam accompanied by the Operations Manager. The Circuit Pre-Hire Driving Exam is submitted to the Regional GM for final approval. B3.8 Customer Service Capabilities Customer Service One of Circuit’s core values is customer experience. Circuit focuses on hiring drivers and operational staff that exhibit excellent customer relations skills and value experience in customer service. We include customer relations as a part of our training program, which includes updates to policies related to safety and responding to rider concerns. We hire locally and prefer drivers that are familiar with the local community to act as an ambassador as well as a driver. We are committed to excellent customer experience and long term success, and our customer service team makes a point to reply to all reviews in the app stores. Circuit currently maintains a local Hollywood and South Florida workforce of managers, shift supervisors, and driver ambassadors in its operating locations, which are all trained in customer service. Circuit also has a regional manager in place, who manages operational functions such as permitting, maintenance, vehicle procurement, vehicle and driver insurance onboarding, hiring and training across multiple locations to maintain a consistent level of quality and operating efficiency. They are also integral to preparing for and launching new operational locations as well as coordinating new app feature launches. Our local operating and management staff are available during operating hours, which vary by location and are determined in cooperation with local partners. Training for employees involved in customer service include on-the-job training using pre-existing SOPs and quick reference guides for template responses to a high majority of common questions. This covers training with guidance specific to phone, ride request app, and email inquiries as well as those that might take place in-person. These employees have direct supervisors to reach out to for approval on sensitive topics to ensure compliance. Training is a multistep process that begins with shadowing another employee, hands-on training with supervision, and continued ongoing training. We have a multifaceted customer inquiry, and contact system, which our staff are trained to use and keep accurate logs. Operational staff are also involved in our local community outreach efforts, including representing the company at local community events. All staff are trained to respond to customer needs and handle any complaints in a timely and courteous manner. Riders can submit feedback within the mobile application and through the website, email and by phone. Circuit’s national corporate team monitors these as well as social media accounts and app store feedback/ratings. The national team will direct users to a local manager if and when needed. We also conduct regular rider surveys to analyze and improve our service offerings. Our team continually works to make its technology and information about its services accessible broadly to the local communities it operates in. As mentioned in Section B3.5 Technological Capabilities, our mobile app is available in English and Spanish. We have bilingual drivers and can include hiring preferences City of Hollywood RFP04523SK for Citywide micro-transit Services Page 45 of 123                            604 for additional language capabilities. We have also created marketing materials in both English and Spanish. Circuit’s website and location pages include accessibility features, and our operations staff are trained in providing equivalent service and any additional assistance needed for riders with mobility impairments and disabilities. Our local teams can also assist riders in downloading the app, providing information about the service and the community, and responding to questions. Historically Circuit has seen driver ratings of at least 4.8/5 stars in all of its markets, and locally has an average of 4.9 over the past two months. Many of our services have a majority senior 65 ridership who use our services frequently for local trips and errands. Seniors have been strong advocates for our services. Our high ratings and strong local support are a direct result of the positive customer experience created by our drivers. Circuit will continue to provide updates and reports on Customer Service to the City as needed. B4. Driver’s Qualifications Hiring Process Each Circuit location has a dedicated team of local managers, supervisors and driver ambassadors to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. We would be able to leverage our existing Hollywood and operational experience and infrastructure to quickly and efficiently continue to staff Sun Shuttle as needed. As the City of Hollywood is familiar, Circuit’s drivers are more than just drivers. They act as local ambassadors; representing the city, providing local knowledge and encouraging local business. All driver ambassadors will be provided with a company uniform and name tag. All Circuit driver ambassadors must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. All Circuit driver ambassadors must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. For this program, we would implement the required background check and provide any needed documentation to the City. As required, we will implement the required FDOT Drug & Alcohol testing. We have identified a Florida based company, Accredited Drug Testing where we would establish a company account for testing. Accredited Drug Testing uses Quest and LabCorp national collection site network. Circuit will always commit to a local hiring preference in all markets. One of the many benefits of hiring locals include ensuring staff are familiar with the location and can serve as a knowledgeable ambassador. 74% of existing Hollywood Sun Shuttle drivers are Hollywood residents. As we have done in Hollywood and other markets, along with posting job openings on popular platforms such as Indeed, we can work with local workforce development and job placement centers to source qualified local candidates as is needed by the service or to support any future expansions. Circuit currently has multilingual driver ambassadors in South Florida and is able to include bilingual/multilingual driver ambassadors as a local preference for hiring, if desired by the City. Driver retention is a factor that the company is proud of- there are happy teams, and advancement opportunities in every market of service. Over the past 12 months we have seen a retention rate of 94% for the Hollywood Sun Shuttle operation. This is the result of the diverse work environment that Circuit City of Hollywood RFP04523SK for Citywide micro-transit Services Page 46 of 123                            605 creates, the camaraderie among employees, the ability to grow, and the enjoyable, safe and fair management. As described in Section B3.7 Driver Capabilities, Circuit seeks specific driver qualities that ensure safety, professionalism, a focus on customer service, and knowledge of the City as a visitor destination. Circuit employees are more than drivers; they are ambassadors to the local community. Circuit conducts regular management and staff performance reviews on a weekly, quarterly and annual basis. During these sessions, we encourage the staff to also share their evaluation of the program and ways to improve service. We hire locally - our staff are part of the community they are serving. Their input and expertise is valuable, and we encourage this feedback loop. Managers also conduct monthly ride-alongs with drivers, providing an additional touchpoint for evaluation, feedback, and training. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the City, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team. B4.2. Training Driver Training Program As the City of Hollywood is aware, Circuit employs and trains its operational personnel, including driver ambassadors. Circuit uses its successful developed personnel policies to create a hiring and safety program specific to the unique operation. The process includes hiring, background checks, drug tests, alcohol screenings, initial training, continued training and performance evaluations. We can quickly add drivers and vehicles to our national custom auto insurance policy. When the manager is comfortable with a candidate and decides to extend a job offer, they will be introduced to our staff training/development tools & programs. The hiring and training systems we have in place will help the City achieve its safety and accessibility goals with regards to this project while also ensuring a high quality customer experience, which encourages further ridership and exploration of the community. Circuit has a training program in place for new operational staff which covers safe and efficient operation of electric vehicles, cleaning and safety processes, and customer service. Circuit has a corporate operations team that develops and maintains operational policies and procedures including over 180 pages of Operations Manager and Driver Ambassador training guides and supports SOPS. They hire and train new managers and coordinate hiring and training for new drivers. Circuit has a Regional Manager in place for Florida. Drivers receive initial in-person training, are observed on ride-alongs, receive ongoing on-the-job training, and are updated on any new operational policies or procedures. Training is conducted by local managers and supervisors. Our teams have consistently met requirements from transit authorities and police/sheriff’s departments, in all of our markets, including Florida, for vehicle inspections and driver training and testing. We would institute our vehicle cleaning program to maintain the appearance and cleanliness of the vehicles along City of Hollywood RFP04523SK for Citywide micro-transit Services Page 47 of 123                            606 with the safety and health of the passengers and drivers. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the City, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses a scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team Our training program specifically covers: ●Safe operation of an electric vehicle ●Efficient operation of an EV, maximizing battery efficiency ●Advanced cleaning procedures ●Safety guidelines and policies ●COVID19 advanced safety and cleaning policies and procedures ●Customer service and passenger relations ●ADA regulations and operations ●Use of the Driver Mobile App ●Communications policies ●Emergency procedures and plan ●Accident reporting/procedures Circuit also provides ongoing training / retraining and conducts performance evaluations. Our teams have consistently met requirements from transit authorities and police/sheriff’s departments, including in Florida, California and New York, for vehicle inspections and driver training and testing. Along with the initial training program, monthly and quarterly management ride-alongs specifically focus on customer experience. Additional staffing lead time is roughly two weeks for hiring and proper in-car and classroom training. Circuit currently has 75 employees in Broward County that are available to fill in any gaps or decrease lead time while we hire local staff from the City of Hollywood. B4.2.1 Certifications In addition to our vehicle maintenance certifications, our teams also hold certifications in WAV / ADA sensitivity training, as well as the National RTAP National Rural Transit Assistance Program) Certification, which is part of the FTA’s, “2 The Point” training and certifications around ADA and Sensitivity, Defensive Driving, Distracted Driving, Drugs and Alcohol, Passenger Safety. Additionally, We have staff that have completed PASS Training Passenger Assistance, Safety and Sensitivity. We also have our vans inspected and permitted with Broward County as Vehicles for Hire. B4.2.2 Drug Testing and Hiring Standard Circuit recognizes the requirement to enroll the company staff in an FDOT approved drug testing program and have a supplier of such services available. Currently in Circuits Hollywood Sun Shuttle operation, drivers, due to the type of vehicles, are not required to obtain a CDL or to complete FDOT certification as the vehicles are all under 16 passengers. Accredited Drug Testing works with a local LabCorp facility at 3700 Washington St. in Hollywood. Circuit has obtained pricing and details to enroll the staff into the program, and is willing and capable to complete that requirement. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 48 of 123                            607 B5. Firm’s Qualifications and Experience Using teams of W2 Drivers, Fleets of 100% electric vehicles, and an on-demand app, Circuit has provided over 6M rides. As detailed in Section B3, Circuit is an experienced operator of Micro-Transit Services. Circuit will provide its turn-key micro-transit solution using a fleet of Ford EV vans and electric Polaris GEM e6 NEVs to meet the transportation, traffic reduction and sustainability objectives of the City of Hollywood. Circuit’s services can be expanded quickly, to implement the expansion of the service as set forth by the RFP. Circuit’s existing Hollywood, Florida Sun Shuttle service has proven to be cost efficient and effective in tackling the mobility challenges in the community. B5.1 Experience Overview B5.1.1 Experience Overview As referenced in Section B3.1, Circuit has over 11 years of experience as an established national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EVS and NEVs. Currently we operate 40 services across nine states. We are experienced in operating under COVID 19 restrictions and guidelines to ensure the health and safety of our riders and staff. We have a fleet of over 190 electric vehicles, a team of over 340 EV trained and W2 paid employees, and a local team of over 92 employees in Broward County and 164 in South Florida. We're one of the few providers with experience operating numerous electric vehicles as part of the same fleet. For more information on our technology, operations and maintenance experience please reference section B3. Vendor / Contractor Capabilities. Our corporate team has extensive experience in planning, designing, implementing, reporting, and maintaining NEV micro-transit programs and has operated programs similar in size and scope to this RFP, including fare-based systems. Our high customer satisfaction ratings and high demand are a testament to the superb customer service provided by our driver ambassadors and management. Within the last five years, we have operated similar on-demand shuttle services using all-electric vehicles in Florida under contract with government entities in addition to the Hollywood Sun Shuttle, including nearby locations like Fort Lauderdale, Wilton Manors, Pompano Beach, West Palm Beach Downtown Development Authority, and Palm Beach County Convention Center. We additionally have a contract with Brightline to operate first/last mile on-demand services around stations in West Palm Beach, Boca Raton, Fort Lauderdale, Aventura and Miami. Circuit has operated services across the US, including in FL, CA, NY, TX, NJ, NC, MA, IL, and CO. As the City of Hollywood is familiar, Circuit has been most successful in first / last mile gaps and providing an enjoyable and safe rider experience. Our service model encourages riders to avoid using single occupancy vehicles or private rideshare services that add congestion and pollution, as is aligned with the RFP’s desire for a sustainable. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 49 of 123                            608 B5.1.2 Neighborhood Electric Vehicle Operations & Maintenance Experience As mentioned above, Circuit is the largest operator of neighborhood electric vehicles and has a growing fleet of various electric vehicles available in South Florida. We have Standard Operating Procedures, maintenance schedules, and operational expertise specifically for these vehicle types and their use in on-demand micro-transit service. Our experienced maintenance team is certified with Polaris Industries (transitioning to WAEV Inc.). For more information on our experience operation and maintaining these vehicles please see Section 3.6 Vehicle Capabilities. B5.1.3 Micro-Transit Operations Experience Circuit’s growth is largely due to its successful operations and satisfied customers. From technology, management, training and operations, Circuit’s full suite of services are best in class and offer the highest levels of quality for this type of service. Circuit maintains rigorous quality controls across all of its operations. Along with a dedicated, responsive and local staff, Circuit’s national team is readily available to handle technology improvements, vehicle enhancements, customer service, impact measurement and grant writing. The dedicated team and quality of service is what sets Circuit apart from other operators and will continue to offer the highest level of service for the City of Hollywood. Circuit, with its subsidiaries including Eco Cab LLC and South Florida Free Ride LLC, has operated on-demand micro-transit since 2011. Our on-demand services have included door to door and point to point services within a specified service territory. Circuit has experience operating these services for comparable cities and scopes of work focused on residents, guests, and commuters. Our on-demand service and mobile app make it easy to request a ride to local destinations, including shopping, restaurants, events, nightlife access and various appointments. We have the policies, procedures, and hiring and training standards in place to launch new markets and operate with a consistently high level of service, with specific attention to customer service. In our experience operating in South Florida, we know that extreme weather events such as hurricanes and flooding can be a seasonal occurrence. We have been able to manage flooding issues related to recent king tides and maintain appropriate levels of service. We have experience dealing with these issues and have an emergency plan in place. Circuit’s technology allows our team to be agile in its approach to addressing any disruptions or changes to service levels. Circuit’s team has been recognized for its efforts as an innovative neighborhood electric vehicle solution. In December 2019, Fast Company highlighted Circuit as the “Electric vehicle ride-share company that won the trust of cities without ‘disrupting’ them”.4 The team has also been featured in The NY Times, Business Insider, Forbes, Fox News, ABC, NBC and a number of other publications. Circuit has been the recipient of numerous awards like: Alonzo Award for Mobility in San Diego, Vendor of the Year Nominee Palm Beach Convention Center, Clean Air NY Champions Award, Lamplighter Award for Best New Service in San Diego, Rulebreaker Award for Startups Changing their Industries, 2018 Gold Medal Ad Club of New York, Outdoor Media Plan of the Year, Gator 100 Award (#20, and numerous others. 4 https://www.fastcompany.com/90444895/how-this-electric-vehicle-ride-share-company-won-the-trust-of-cities-without-disrupting-them City of Hollywood RFP04523SK for Citywide micro-transit Services Page 50 of 123                            609 Circuit was accepted and completed the URBANX Accelerator5 program where it received an investment from BMW/Mini and access to international mobility experts. Circuit has also completed the Los Angeles Cleantech Incubator(LACI)6, Civstart7, Leading Cities8 and AWS Smart Cities Accelerators. The team recently closed a Series A capital raise, welcoming a strong group of new investors. Circuit’s team has been asked to speak/participate at events like CoMotion Miami, LA CoMotion, Association for Commuter Transportation International Conference, Safe Streets Summit, Electrify Expo, LACI’s Transportation Electrification Summit, SmartCities NY, 2020 Cities, Civic Lab, and the UCLA Arrowhead Conference on Transportation. B5.1.4 Community Engagement Experience Circuit’s team has participated in local events such as Hollywood’s Candy Cane Parade, St. Patrick’s Day Parade, ArtWalk, Hollyweird, and in other service areas; Fort Lauderdale St Patrick’s Day Parade (annual), Broward Complete Streets, Food Deliveries in Hollywood for Feeding South Florida, and Cleaning Up Clematis in West Palm Beach. We do regular familiarization tours with media and meeting planners in our City Programs. We also donated a vehicle towards the recovery efforts for first responders to use during the Champlain Towers relief efforts. Along with events, Circuit stays actively engaged with our riders via the app, social media and publishes regular newsletters. Circuit has built a great base of over 10k local riders that we regularly send local newsletters to. This engagement has kept our ridership high and our riders informed of local events, happenings and businesses. HollyWeird Branding Partnering with Feeding South Florida to assist with Food Deliveries in Hollywood during Covid 8 https://leadingcities.org/accelicity/63dbbb3a-23ad-457287cf-2377dfdf766e 7 https://www.civstart.org/ 6 https://laincubator.org/second-cohort-of-market-access-program-provides-on-the-ground-mobility-solutions-for-communities-across-los-angeles/ 5 https://www.urban-x.com/ City of Hollywood RFP04523SK for Citywide micro-transit Services Page 51 of 123                            610 Circuit vehicle donated for Champlain Towers Relief Efforts in Bal Harbor, FL. Sample Newsletter to Hollywood Riders, February 2023 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 52 of 123                            611 As indicated in Section B1.2,Circuit regularly surveys its riders to learn more about the service and improve the quality of our offerings. Additionally, as indicated in Appendix 1.1,many of our riders are willing to add their names to a statement in support of our services B5.2 Project Experience B5.2.1 Past Project Experience- Hollywood Sun Shuttle Sun Shuttle- Hollywood, FL Type of Service On-demand micro-transit services Contract Term April 2019 Present Nature of Services On October 17, 2018 the Hollywood City Commission passed and adopted Resolution No. R2018335, authorizing the execution of an agreement with Free Ride, now known as Circuit Transit Inc. (" Circuit"), for circulator services to and from Downtown Hollywood, Hollywood Beach, and the City's parking garages for an initial one-year period with the option to renew for three additional one-year periods. The service commenced in May 2019 and has been renewed for each of the additional three one-year periods. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. This program began as a self-branded service and has recently opened for third party advertising. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. The City named the program “Sun Shuttle” which began as a self-branded service and has recently opened for third party advertising with a revenue share to the City. This program has exceeded the City’s expectations, doubling ridership at an estimated 70% of the cost of the previous trolley system. This program has continued to operate during the pandemic as an essential transportation service. Annual ridership has grown every year (including during peak Covid lockdowns in 2020. The service launched as free and at the April 2021 renewal we were asked to implement a $1 per rider fare to control demand, and ridership held steady. At the April 2022 renewal we were asked to increase the fare to $2 per person, ridership has remained strong. Hollywood Sun Shuttle Ridership by Month Jan 2021 Dec 2022 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 53 of 123                            612 This program started as a fare-free service and recently introduced a nominal $1 fare and $1 price per additional passenger. We have seen no drop in ridership as a result of fare implementation and have actually seen an increase in ridership since, with shorter wait times and an increase in operational efficiency. “Thank you and Hollywood for making it possible for our vulnerable Seniors to remain safe and healthy”- Memorial Senior and Family Services In response to the COVID19 outbreak, Circuit has adapted to provide mutual aid to the Hollywood community. Beginning in April 2020, Circuit partnered with Feeding South Florida, who have been supplying to local food banks. The three food banks involved are Liberia Economic and Social Development Inc., Community Enhancement Collaboration, and Cruciform Church. These organizations assembled boxes of donated food to be distributed and our drivers picked up the boxes and delivered them directly to the homes of the most vulnerable without access to transportation. The Hollywood drivers made 1,092 deliveries to at risk members of the community. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in Hollywood FL with Sun Shuttle branding Drivers in PPE, delivering grocery boxes during Covid B5.2.2 Past Project- FRED FRED San Diego, CA Type of Service On-demand micro-transit services, fare-based program Contract Term 2016 present Nature of Services In 2016, Civic San Diego and the Downtown San Diego Partnership selected Circuit to operate the Free Ride Everywhere Downtown FRED Circulator. The program has received national attention, community support, and extended funding. In its first year of operation, Circuit served over 140,000 riders, maintained wait times below 6.5 minutes, created over 35 new jobs, and saved 96.3 metric tons of CO2 emissions. Since then, Circuit has improved its technology on the vehicles, added a pooling algorithm to its app, used the data to enhance operations, and has saved 325 metric tons of CO2 emissions. Circuit provides over 25,000 rides per month and is on track to do over 280,000 rides per year. The City has funded the service with Circuit also selling third party advertising at a revenue share to the City to offset costs of operation. Circuit operates 1520 vehicles in the market, depending on demand. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 54 of 123                            613 Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit’s vehicle in San Diego CA B5.2.3 Additional Past Project Experience Please reference Appendix 3 and Appendix 4 for more evidence of Circuit’s relevant project experience. B5.3 References West Palm Beach, FL Project Manager:Teneka James Phone Number:5168338873 Email:tjames@downtownwpb.com Brightline Project Manager:Jean Carlos De Jesus Phone Number:7865611656 Huntington Beach, CA Project Manager:Sean Crumby Phone Number:7143745348 Pompano Beach, FL Project Manager:Jeff Lantz Phone Number:9547865580 Gardens Mall Palm Beach, FL Project Manager:Whitney Pettis Phone Number:5616222115 Additional experience City of Hollywood RFP04523SK for Citywide micro-transit Services Page 55 of 123                            614 B5.4 Customer Testimonials Confidential) Gus Zambrino, Assistant City Manager, City of Hollywood FL They are experienced and professional operators that are part of the community and provide a fun and convenient customer experience. Circuit’s team has been a pleasure to work with and have been great at building local support. Andria Wingett, Assistant Director of Development Services, City of Hollywood FL Circuit Transit is always responsive and has adapted to Hollywood’s changing needs; during the initial set-up, ongoing services and especially during the COVID pandemic. Carolina Galleguillos, BS, CDP, Memorial Senior and Family Services, Hollywood FL Thank you and Hollywood team members for making it possible for our vulnerable Seniors to remain safe and healthy in their homes. Our seniors so appreciate the fresh produce during this Pandemic. Sandra King, City Spokesperson, City of Pompano Beach FL You don’t have to drive anywhere, you don’t have to look for a place to park, you just jump on the circuit vehicle and go where you want to go. Ashley Medeiros, Destination Services, Discover the Palm Beaches The Circuit team is ALWAYS a great partner to work with. They are attentive, flexible, and hospitable! Luiz Aragon, Commission of Development for the City of New Rochelle, NY Circuit NR is a terrific community partner committed to providing safe, reliable and sustainable public transportation across New Rochelle’s downtown corridor. As we continue to see increased real estate demand across New Rochelle and as our once-in-a-generation downtown redevelopment continues to move forward, we believe Circuit NR’s electric on-demand shuttles can play a pivotal role in connecting our community to innovation, technology, arts, culture, schools, open space and our local businesses in an environmentally efficient way. As we see increased real estate demand across New Rochelle, we believe Circuit NR’s electric, on-demand shuttles can play a pivotal role in connecting our community to innovation… and our local businesses. Misti Kerns, Santa Monica Travel & Tourism They’re electric, they’re open air, and they’re fun. As that started to pick up and we started to hear good comments about it, we thought it might be a good option for some of the hotels. Their service has transformed our visitor and resident experience for short distance local travel. Their vehicles are always clean, new and fully stocked with our visitor guide, map and materials. Their drivers are always well informed on the destination, clean, uniformed, and friendly. I can’t imagine partnering with another provider for our electric transport needs, so great for this beach environment. Reese Jarrett, Civic San Diego Civic is thrilled to have played a part over this past year, in reducing congestion and decreasing the carbon footprint within the downtown community. Betsy Brennan, Downtown San Diego Partnership Since FRED's introduction to San Diego in 2016, Circuit has become an integral part of Downtown’s mobility structure. It provides residents, employees, and visitors a free, green, and enjoyable way to traverse Downtown’s neighborhoods while also mitigating congestion and parking issues. Mathew Sandford, Senior Director Economic Development, San Diego EDC City of Hollywood RFP04523SK for Citywide micro-transit Services Page 56 of 123                            615 In a region as dynamic and diverse as ours, the ability to easily get around is essential to our economic health. Micro mobility options, like the FRED program in Downtown, provide one tool in the economic development toolkit by addressing the last mile dilemma. Businesses of all types and sizes benefit when workers have options for getting to work, and patrons have easy access to goods and services. In short, the FRED program makes Downtown more accessible and is a model that could also benefit other communities in the San Diego region. Marisa Mangan, San Diego Association of Governments SANDAG Circuit’s neighborhood electric vehicle shuttles in downtown San Diego are a great example of how shared mobility services can provide efficient, convenient, and emission-free connections within a community. Services like Circuit directly support SANDAG’s bold new transportation vision for the region which includes implementation of Mobility Hubs served by a wide variety of Flexible Fleets. B6. ADA Compliance B6.1 ADA Compliance Plan Circuit has ADA compliant vehicles. In both the proposed operation plan, and any alternative option, Circuit proposes one 1 Ford ETransit EV Van to be available on standby for ADA requests; this vehicle will be able to move between zones as needed. Additionally, Circuit would provide the City one 1 Polaris GEM e6 ADA vehicle available on standby for ADA requests at no cost as this vehicle is a part of the branded existing fleet. For more information about vehicle accessibility please reference the B3.6 Vehicle Capabilities section above. Circuit will craft a service that is available for all users. Having done so already in other markets, Circuit will be able to provide a trusted option for passengers with disabilities. The drivers are trained to be accommodating to everyone looking for aride. Riders with disabilities have the option to request an ADA vehicle with a loading ramp. This request can be made through the ADA accessible app or by flagging down drivers. More information can be found in Section 2.1. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 57 of 123                            616 B7. Maintenance / Recovery Plan As stated in our Vehicle Maintenance section in Section B3.7.1, our in-house mobile service maintenance technicians are able to quickly respond to needs, and also adapt vehicles for the market. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,0005,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to planning future needs. For more information on our vehicle maintenance processes please refer to Section B3.7.1 Vehicle Maintenance. Access to Additional Vehicles Given our nearby operations, specifically in Fort Lauderdale, Pompano Beach, Wilton Manors and South Florida in general, we are readily able to supply additional electric vehicles on short notice on an as-needed basis. In the event a vehicle needs maintenance, our on-staff, GEM-certified technicians can typically be in the market within 20 minutes. If needed, a new vehicle can be brought to the market, or for events, within 2 hours. We have 52 vehicles within Broward County, and 79 within South Florida that are Circuit owned and therefore we have immediate access to this fleet, including spare vehicles in our Fort Lauderdale market. While Circuit has found great value in using GEM WAEV Vehicles), Ford eTransit EV Vans, Tesla and similar EV Sedans, we have built our systems for the electric vehicle types to be interchangeable. B7.1 Commitment to Avoid Service and Operation Disruptions Circuit has almost 4 years of experience operating a micro-transit service with up to 13 vehicles. We have and would remain committed to keeping the service operational through challenges that can occur. We have a robust preventative maintenance plan and certified maintenance technicians on staff to respond City of Hollywood RFP04523SK for Citywide micro-transit Services Page 58 of 123                            617 quickly (typically can be on site in under 1 hour) to diagnose and most times make any repairs or replace components on-site. In any event that a car needs a longer repair we have a large fleet in the area to send a replacement vehicle typically within 12 hours. Circuit is prepared to fulfill this requirement and is committed to avoiding service and operation disruptions. More details are provided about emergency management, risk mitigation, vehicle maintenance, customer service and operating procedures in Sections B3, B3.7, B4 and B5 B8, B.8.1 and B.8.2. B7.2 Scenario Response “The Contractor must also provide a response to this scenario: A vehicle breaks down in the middle of the afternoon (weekday) and the current outside temperature is 95 degrees Fahrenheit. The vehicle has a mixture of passengers: elderly, middle aged, children, and infants. Explain the Contractor's course of action that would be taken.” Circuit has extensive experience operating a high volume of shuttles moving tens of thousands of people every month. We are also contracted by Brightline Trains and have a response team for any disruption to train service where we dispatch EV Vans to move train passengers between stations if the tracks are temporarily closed. In the event of a vehicle breakdown, first and foremost we ensure that all passengers and staff are safe and clear from vehicular traffic. If an emergency response is needed we would call 911. We would direct all passengers to a safe area out of the heat, direct sun or inclement weather to wait for another vehicle to arrive. The driver of th disabled vehicle would then communicate with their supervisor to dispatch another vehicle to pick up the passengers. Direct communication via phone, text or a company slack channel ensures a quick response. For a disabled vehicle we have technicians nearby to diagnose and often repair on site, otherwise for larger repairs we have an account with both a local tow company and AAA if a vehicle needs to be transported on a flatbed trailer. Circuit is prepared to handle service disruptions and emergencies and has detailed its emergency management, risk mitigation and operating procedures in Sections B8, B.81 and B.82. B8. Risk Mitigation B8.1 Emergency Management Plan The Emergency Action Plan is designed to provide Circuit with a management tool to facilitate a timely, effective, efficient, and coordinated emergency response to significant events affecting our locations and our employees. Emergency management consists of four continuous stages: Mitigation This stage includes activities designed to reduce or eliminate risks to persons or property or to lessen the actual or potential effects or consequences of an incident. Mitigation measures may be implemented prior to, during, or after an incident. Mitigation involves ongoing actions to reduce exposure to, probability of, or potential loss from hazards. Measures may include analysis of hazard related data to determine where it is City of Hollywood RFP04523SK for Citywide micro-transit Services Page 59 of 123                            618 safe to relocate temporary facilities. Preparedness Preparedness is a continuous process. Preparedness involves efforts at all levels to identify threats, determine vulnerabilities, educate and train the employees and identify required resources. Preparedness is focused on establishing guidelines, plans, procedures, protocols, and standards for planning, training and exercises, personnel qualification and certification, equipment certification, and publication management. Response Response includes activities that address the short-term and direct effects of an incident. It includes immediate actions to save lives, protect property and the environment, and meet basic human needs. Response also includes the execution of emergency operations plans and of mitigation activities designed to limit the loss of life, personal injury, property damage, and other unfavorable outcomes. As indicated by the situation, response activities include applying intelligence and other information to lessen the effects or consequences of an incident; increased security operations; and continuing investigations into the nature and source of the threat. Recovery Recovery incorporates the development, coordination, and execution of service- and site-restoration plans; the reconstitution of operations and services; treatment of affected persons; additional measures for environmental and economic restoration; evaluation of the incident to identify lessons learned; post incident reporting; and development of initiatives to mitigate the effects of future incidents. B8.2 Risk Mitigation Plans Risks Risk Level: H, M L Offerors Mitigation Plan Safety of Riders H Rider safety is the most important thing at the Circuit. Circuit realizes that many factors go into this including drivers, cars and operations. All of Circuit's drivers go through both criminal and driving record background checks. This is required by the company's insurance provider. Beyond the background checks, each driver is vetted by management before being hired. Upon starting, the driver fills out and signs safety forms, goes through a training process and is further evaluated while driving and not. Additionally, management regularly monitors feedback from riders via app ratings, email feedback, etc. The drivers are also instructed on what to do and who to contact during any potential emergencies. Circuit also maintains the cars using the best practices established over the company's 11 year history of clean safety. The cars are City of Hollywood RFP04523SK for Citywide micro-transit Services Page 60 of 123                            619 inspected daily, preventative maintenance is performed to make sure everything is up to the company's standards. Additionally, older cars are rotated out once they've reached a certain mileage or fall below the company's high standards. Additionally, the GEM cars 25 MPH maximum speed, along with calming traffic, also does a great job to reduce the risk of a serious accident. Operations is the foundation of safety. Starting with the training, drivers learn how to operate the cars, safely pick up passengers - or get help for unruly patrons that should not ride, make sure all passengers are using their seatbelts, and more. Also, the drivers are instructed when to halt service. In the event of bad weather or other factors that may lead to unsafe conditions, we halt the service. Management is also able to monitor driver behavior and locate driver whereabouts using Samsara bi-directional dash cameras and our proprietary backend dashboard. Additionally, each driver is equipped with a company phone, fire extinguishers, first aid kits, and other necessary equipment. Safety and Security of personal belongings of riders and drivers H While the drivers do not handle the personal belongings of the passengers, every driver is encouraged to look around the car to make sure no one has left anything behind. In the event that something is left behind, the driver (if the passenger used the app) is able to call the last rider. If the rider does not respond then management is alerted via our internal messaging platform, Slack and belongings are held until someone claims them. If the app is included, passenger history is available to management to contact passengers as needed. Management has set up areas in all of its locations where drivers can safely store belongings, keys, phones, etc. Heat, Rain, Flooding, weather challenges M Weather can be a common concern in South Florida and Circuit has extensive experience with these issues in Hollywood and across South Florida. Management and drivers are in close contact and will halt services in the event that inclement weather leads to unsafe driving conditions. Safety is always a top priority. In the event of severe weather, Circuit takes the cars off of the road and stores them in indoor parking garages. Should space not be available, the back panels, rooftops and any extensions are removed from the cars to secure the vehicles. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 61 of 123                            620 During King tides, flooded areas are avoided. Drivers can contact riders requesting in those areas to notify them that the area is not passable. Circuit can quickly add important alerts to our app so when you open the Hollywood location a timely message pops up prior to requesting a ride. Maintaining a reliable, consistent schedule of service H Circuit uses its experience, data and marketing knowledge to stay ahead of factors that might impact the schedule of service. Understanding traffic patterns, bridget and toll timing and demand levels allows the management team to deploy the appropriate number of vehicles at any time. Additionally, contingency plans are in place and replacement vehicles are available in nearby Fort Lauderdale, should one of the shuttles be inoperable. Also additional drivers are available on call and in Fort Lauderdale should one of the drivers call out sick. Circuit always keeps backup drivers and backup cars available in order to maintain a consistent schedule of service. Maintaining qualified drivers H Circuit uses qualified, 21 , W2, paid hourly employees and vets them heavily before hiring. This, and maintaining a comfortable workplace is the key to retention. Driver retention is a factor that the company is proud of. There are happy teams in every market of service and retention rates remain high in Hollywood at 94%!. Additionally, Circuit uses Homebase - a scheduling software - to keep the team connected, manage shifts, etc. Lastly, if using the app, all of the drivers receive feedback from passengers allowing management to adjust and improve accordingly. Keeping vehicles operational H The key to keeping vehicles operational is regular service, proper charging/storage conditions and staying ahead of problems. With a fleet of 100 vehicles, Circuit has developed many systems to keep the vehicles operational. Additionally, Circuit has developed a close relationship with the vehicle manufacturer that lead to national fleet pricing, extended warranties and priority maintenance. Vandalism or theft of vehicles M Unfortunately, Circuit has dealt with vandalism in the past. Theft and vandalism are always concerns but the team does everything it can to prevent such instances - locking cars, storage facilities, cameras, routine spot-checks and more. In the event vandalism or theft takes place, Circuit will use its data and schedule to determine the exact time and place and who was working or was the last to work. From there, all incidents will be reported to local law enforcement and the company’s insurance providers. Vehicular accidents with H Fortunately, Circuit has a very strong safety record with few incidents to report. In the event that something happens with other City of Hollywood RFP04523SK for Citywide micro-transit Services Page 62 of 123                            621 automobiles, cyclists, pedestrians while on route automobiles, cyclists or pedestrians, the first move is always to see if anyone needs medical attention. If so, medical help will be sought immediately. The drivers are also equipped with fire extinguishers, first-aid kits, etc. From there, local law enforcement will be called to the scene. After such events, Circuit’s management will contact insurance providers and all parties involved in the incident. Circuit can also use data from the app to determine when the accident took place and how to mitigate future issues. B9. Local Vendor Preference As detailed in numerous sections above, Circuit, since launching the Sun Shuttle in 2019, has continued to maintain a local office, multiple facilities for parking and charging the fleet work with local businesses, and has built an amazing local staff, consisting of 74% who are proud to call Hollywood home. We work with, provide service to, and promote many local Hollywood based businesses. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 63 of 123                            622 B9.1 Local Hollywood Presence Lease for office space in Downtown Hollywood since July 2019 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 64 of 123                            623 Current City of Hollywood Business Tax Receipt City of Hollywood RFP04523SK for Citywide micro-transit Services Page 65 of 123                            624 Circuit has for years and continues to work with multiple local Hollywood vendors including: ●Circ Residences 1776 Polk Street ●Costa Hollywood Beach Resort 777 N. Ocean Dr. ●Golden Touch Auto Spa 1625 S Federal Hwy ●RAV Communications 1518 Garfield Street ●World Tire Inc. 1215 N Federal Hwy B10. Pricing Circuit offers a turnkey service with all-in pricing, which includes vehicles, staffing, insurance, technology, management, maintenance, data reports, marketing and grant writing support. Circuit understands the City’s desire to offer a low-fare service to residents, visitors, and commuters in Hollywood as defined by the RFP in reference to the three MTZ zone areas. As desired, we are proposing that the service continue to have a $2 per-trip rider fare. The only additional fees or costs not included in the price template would be any special services that take place outside of the regular service hours, such as events, in which case an hourly rate of $30/hr for GEM cars and $40/hr for EV Vans would apply for event services. Circuit is often willing to donate its services for local causes and City needs. Please note that pricing options are all flexible and Circuit hopes to work with the City to explore these options and/or a combination of these options to craft a solution that benefits the needs of the community. Pricing can be reduced via fare and advertising revenue generation and/or by adjusting service hours, types of vehicles and quantities of vehicles deployed during certain months of the year. B10.1 Fixed Pricing Rate Proposed Option As Detailed in Section B1.2,our proposed operating plan was structured using the details from the RFP. This option is broken into 3 different MTZ zones and is designed to operate 8 hours per day, 7 days per week, for a total of 56 weekly Hours.Our pricing is broken out in the Bid Form Format, provided with the RFP in Section C2 below and attached. It’s important to note that Circuit’s pricing is all-inclusive and structured as a turn-key operator. Our pricing includes setup, on demand rider and driver apps, monthly data reports, vehicles Electric Vans and GEM cars), maintenance, management, drivers, training, parking and charging. The pricing for our proposed option is available in BID Form Pricing, using the structure preferred by the City. This pricing is broken out by zone and City of Hollywood RFP04523SK for Citywide micro-transit Services Page 66 of 123                            625 includes a discount for guaranteed advertising revenues. Circuit understands that the City would like to split advertising revenues as 50% of net revenues. Circuit is willing to guarantee the bulk of these revenues upfront and then will discount future months if 50% of the net advertising revenue is greater than the guaranteed portion. Knowing we have local businesses as sponsors and more that are willing to sponsor we’re confident that demand from advertisers will continue to grow. Base year pricing details showing full costs, discount from guaranteed ads, Monthly Fixed Cost, and the expected fares to be returned to the City via the fare program.With all of these options Circuit is willing to provide an additional GEM NEV ADA vehicle to be available on standby for additional ADA requests, at no additional cost to the City. Please Note: The view below is only to provide more information. The Monthly Fixed Costs for our proposed option 56 hours/week, 3 zones) is available in Bid Form Pricing, Section C2 below and attached to the response. MTZ-1 (Hollywood Beach Zone) Total Number of NEV Cars 1 Total Number of EV Vans 1 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $19,986.40 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 1 $18,586.40 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $15,537.23 MTZ-2 (Historic Downtown Zone) Total Number of NEV Cars 1 NEV + 1 Standby ADA NEV at no charge 2 Total Number of EV Vans 1 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $18,031.28 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 2 $16,631.28 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $13,582.12 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 67 of 123                            626 MTZ-3 (Hillcrest/Washington Park) Total Number of NEV Cars 0 Total Number of EV Vans 2 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $23,598.40 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 3 $22,198.40 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $19,149.23 Circuit’s pricing will adjust with the hours needed and as more hours are added, the service becomes more cost effective. If the City would like to add additional hours for events, even pricing will be $30 per hour for GEM Vehicles and $40 per hour for Van Vehicles.Please reference Form 2 for Pricing. B10.2 Circuit Alternative Pricing Options Hollywood RFP 2023 Alternative Pricing Options are Detailed below and also available in Circuit Alternative Pricing Options Attachment and these options are further explained in Section B.1.2.2 above. Alternate Option A Hours Per Week 79 Total NEV Cars (3 Zones) 4 NEV + 1 Standby ADA NEV at no charge 3 Total EV Vans (3 Zones)4 TOTAL VEHICLES 7 Total Monthly Costs (3 Zones)$76,011 Monthly Discount for Ad Guarantee (pre total sales)-$4,620 Monthly FIxed Rate (3 Zones)$71,391 Annual Fixed Rated (3 Zones)$856,695 Monthly Expected Fares Returned -$12,921 Expected Monthly Total Cost to City (3 Zones)$58,470 Expected Annual Rate (3 Zones)$701,643 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 68 of 123                            627 Alternate Option A is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP, by approx 41%, while only increasing costs by approx 22%. Alternate Option B Hours Per Week 79 Total NEV Cars (3 Zones) 4 NEV + 1 Standby ADA NEV at no charge 5 Total NEV Cars (3 Zones) Low Season 2 Total EV Vans (3 Zones) Peak Season 4 Total EV Vans (3 Zones) Low Season 4 TOTAL VEHICLES (Peak Season)9 Total Monthly Costs (3 Zones) Peak Season $96,475 Total Monthly Costs (3 Zones) Low Season $76,011.27 Annualized Monthly Cost $86,243 Monthly Discount for Ad Guarantee -$5,390 Monthly FIxed Rate (3 Zones)$80,853 Annual Fixed Rated (3 Zones)$970,236 Monthly Expected Fares Returned -$15,075 Expected Monthly Total Cost to City (3 Zones)$65,779 Expected Annual Rate (3 Zones)$789,342 Alternate Option B is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Alternate Option C Hours Per Week 79 Total NEV Cars (3 Zones) Peak Season 4 NEV + 1 Standby ADA NEV at no charge 5 Total NEV Cars (3 Zones) Low Season 2 Total EV Vans (3 Zones) Peak Season 4 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 69 of 123                            628 Total EV Vans (3 Zones) Low Season 4 TOTAL VEHICLES (Peak Season)9 Total Monthly Costs (3 Zones) Peak Season $96,475 Total Monthly Costs (3 Zones) Low Season $76,011.27 Annualized Monthly Cost $86,243 Monthly Discount for Ad Guarantee -$5,390 Monthly FIxed Rate (3 Zones)$80,853 Annual Fixed Rated (3 Zones)$970,236 Monthly Expected Fares Returned -$22,612 Expected Monthly Total Cost to City (3 Zones)$58,241 Expected Annual Rate (3 Zones)$698,895 Alternate Option C is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Furthermore, Circuit will set up a new pricing model that will adjust rider pricing by zones. For example, a ride from Zone 3 to Zone 1 might be $4, but a ride within Zone 2 might be $2. This dynamic pricing model will also be structured to incentivize larger groups and increase efficiencies. B10.3 Unbanked Riders If selected for the contract Circuit looks forward to working with the City to create solutions to address unbanked riders and Circuit has various options available for the City to do so. 1. Circuit accepts street hails and does not charge riders for flagging the service down. 2. Circuit's app accepts prepaid cards, so a user can purchase a prepaid card using cash and use this prepaid card to credit the account. 3. Circuit can work with local businesses or government offices to "sell" promotional codes to riders to pre-load their account with funds for rides. This is also a feature that Circuit can offer businesses to be able to pre-pay for blocks of rides for their employees. 4. Circuit can work with the City to create a dial-in dispatcher system if needed. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 70 of 123                            629 C. Completed Forms and Certifications C1. This Submittal Checklist Confirmation City of Hollywood RFP04523SK for Citywide micro-transit Services Page 71 of 123                            630 C2. Bid Form Pricing) CONFIDENTIAL Bid Form Exhibit C is also available as an attachment EXHIBIT C CITY WIDE MICRO-TRANSIT SERVICES PRICING SHEET NOTE: Creative/optional pricing is encouraged and welcomed by the City and can be submitted for consideration in addition to the pricing below. The hourly rate for special events should NOT be included in the totals below. Base Year: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $18.586 $223,036 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $16,631 $199,575 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,198 $266,380 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL BASE YEAR:$57,416 $688,993 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $15,537 for MTZ-1, $13,582 for MTZ-2, and $19,149 for MTZ-3. Expected annual net total of: $579,223 Option Year 1: City of Hollywood RFP04523SK for Citywide micro-transit Services Page 72 of 123                            631 Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $18.586 $223,036 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $16,631 $199,575 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,198 $266,380 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 1:$57,416 $688,993 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $15,537 for MTZ-1, $13,582 for MTZ-2, and $19,149 for MTZ-3. Expected annual net total of: $579,223 Option Year 2: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $19,051 $228,612 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $17,047 $204,565 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,753 $273,040 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 2:$58,851 $706,217 7 Vehicles City of Hollywood RFP04523SK for Citywide micro-transit Services Page 73 of 123                            632 Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery for Year 2 would be: $15,925 for MTZ-1, $13,921 for MTZ-2, and $19,627 for MTZ-3. Expected annual net total of: $593,703 Option Year 3: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $19,527 $234,328 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $17,473 $209,678 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $23,322 $279,866 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 3:$60,322 $723,873 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $16,323 for MTZ-1, $14,269 for MTZ-2, and $20,118 for MTZ-3. Expected annual net total of: $608,546 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 74 of 123                            633 C3. Vendor Reference Forms City of Hollywood RFP04523SK for Citywide micro-transit Services Page 75 of 123                            634 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 76 of 123                            635 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 77 of 123                            636 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 78 of 123                            637 C4. Hold Harmless and Indemnity Clause City of Hollywood RFP04523SK for Citywide micro-transit Services Page 79 of 123                            638 C5. Non-Collusion Statement City of Hollywood RFP04523SK for Citywide micro-transit Services Page 80 of 123                            639 C6. Sworn Statement…Public Entity Crimes City of Hollywood RFP04523SK for Citywide micro-transit Services Page 81 of 123                            640 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 82 of 123                            641 C7. Certifications Regarding Debarment City of Hollywood RFP04523SK for Citywide micro-transit Services Page 83 of 123                            642 C8. Drug-Free Workplace Program Circuit confirms that it maintains a drug free workplace. Our team did not sign this document as one or more of the details set forth in this form may be slightly different than the policies that we have in place. Circuit is happy to discuss these policies with the City and as stated above we are comfortable enacting the FDOT policies as needed, if selected for this contract. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 84 of 123                            643 C9. Solicitation, Giving, and Acceptance City of Hollywood RFP04523SK for Citywide micro-transit Services Page 85 of 123                            644 C10. W9 Request for Taxpayer Identification) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 86 of 123                            645 C11. List of subcontractors Circuit will not use subcontractors on this project. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 87 of 123                            646 C12. Certificate(s) of insurance City of Hollywood RFP04523SK for Citywide micro-transit Services Page 88 of 123                            647 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 89 of 123                            648 C13. Proof of State of Florida Sunbiz Registration City of Hollywood RFP04523SK for Citywide micro-transit Services Page 90 of 123                            649 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 91 of 123                            650 Appendix Appendix 1 Letters of Support Appendix 1.1 Rider Letter of Support: City of Hollywood RFP04523SK for Citywide micro-transit Services Page 92 of 123                            651 Rider Letter Response Submissions: First name What most describes you?Additional Comments Louise Visitor Good service Jerry Visitor Kenya Resident Pete Visitor Doretha Resident Great service jeff Resident Veronica Resident Super friendly! Claudia Resident Kelsey Resident Kathleen Resident The drivers are always pleasant and helpful to our tourists Jim Resident Martina Visitor Wolfgang Resident Adriana Resident Amazing service BT Lou! Noah Other Pamela Visitor I used circuit in Pompano Beach and loved it! Dorothy Resident Circuit is wonderful, especially for senior citizens. Your drivers are all very nice. Thank you for this service. David Resident Linda Resident Wanda Resident She did a great job! Michael Visitor Michael Visitor City of Hollywood RFP04523SK for Citywide micro-transit Services Page 93 of 123                            652 Wanda Resident Michael Visitor Elizabeth Visitor Alex our driver was fabulous!! Nicole Visitor This is such a great asset to the area. It made our trip easy and comfortable. Not only will I highly recommend this to my travel friends, I would be less apt to travel to the Hollywood/Lauderdale area without it. Kyle Visitor Shay Other Jason Resident Love Circuit, just another thing that makes Hollywood great! Erin Resident I don't have a car, so circuit is a critical part of my transportation paradigm. Michael Visitor Circuit is a great addition to the community! Drivers are always friendly and helpful! Connie Resident, Business Owner A pleasure to feel I’m in vacation in my own city! Alana Resident Joe Visitor Jerry Visitor Ralph M was a great very personable driver. We really enjoyed the ride. jason Visitor Steven was a great driver and very informative. Sandra Resident Perfect service! Sandy Visitor Laura Visitor Love the circuit! Corinne Visitor The drivers are ALWAYS so nice and helpful. Carolina Resident Keri Resident Patricia Resident David Resident City of Hollywood RFP04523SK for Citywide micro-transit Services Page 94 of 123                            653 Zhanna Visitor Niki Visitor Lauren Resident Amazing service! Cant wait to ride again! Tim was fantastic Elizabeth Visitor Stephen was a great driver. Very informative and fun! Thank you! Susan Resident Great service mark Visitor great service well run - nice alternative to ride share Sul Visitor Love Stephen! Arielle Resident Circuit is a blessing for me. I dont have a car and im handicapped so im limited in my ability to walk distances. Circuit allows me to go grocery shopping, run errands, and even go to the beach. Im super grateful- we need more circuit everywhere- Protect our Earth from car pollution and continue to offer low cost rides . Thank you Monika Visitor Latoya Resident Latoya Resident Heather Visitor Casual ride. Loved it Alex Resident Isabel Resident Love the convenience. Especially appreciated with out-of-town visitors. Lynn Resident Randy Visitor James Remmy Resident Great service and friendly drivers. Dominic Resident DEBBIE Visitor We are from Pennsylvania but visit Hollywood frequently and love using Circuit City of Hollywood RFP04523SK for Citywide micro-transit Services Page 95 of 123                            654 Tatiana Resident I love it! Wish it was even more encompassing in the Lakes area! Michael Resident Beverly Resident I really enjoy the service its an asset to my life Beverly Resident I really enjoy the service its an asset to my life Susan Resident Circuit provides a vital service for the community! Tracy Visitor Gloria Resident Terri Resident I love the service! margarita Resident love CIRCUIT !!! Anna maria Visitor I love circuit .we dont have a car while were here very useful to us . Thank to all staff . By the way all drivers are very pleasant . Shanita Resident Tassana Resident I love the circuit it takes me to the beach and activities around the area I love it Dave Visitor Circuit is a wonderful service. I wish the hours were earlier in the morning. Linda Resident Excellent service. Friendly drivers. Tim & Yolanda are great salvina Other Rogelio Resident Is really Good and Nice for the city of Hollywood Rene Resident My family and I live circuit! NINA Visitor I look forward to the Circuit rides and the friendly service every time I visit. It's invaluable! Denise Resident Robin Resident Luz Resident I looove circuit transportation. I wish you ran a bit earlier. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 96 of 123                            655 Kevin Resident Josefina Resident Claude Resident Matthew Resident Tony Resident Tony Resident Dan Hana Resident Leslie Visitor Nan Visitor This is a tremendous service in an area with a shortage of parking places! Used it many times. Bryan Resident, Business Owner John Visitor Dirk Visitor We stayed in Hallandale this January and used circuit many times. I would like to see more use of this technology and keep it as a form of transportation in Hollywood as well in other communities Donnette Resident Raul Resident Ivan Resident Princess Resident I would love this for Washington dc Elly Resident Mike Resident Love the circuit. I will be taking it tonight to the beach. Alan Resident, Business Owner Great Service Drivers are always Happy and have a Smile on there face Vehicle always clean Lynda Visitor Kristine Business Owner Circuit has been a great addition to the Hollywood area and reduces traffic. Isaac Resident Keep up the good work! City of Hollywood RFP04523SK for Citywide micro-transit Services Page 97 of 123                            656 Steven Visitor This is a wonderful additional benefit to coming to visit Hollywood! Eric Resident Peter Resident Doug Business Owner Alex Business Owner It's great! Ian Business Owner Alana Resident City of Hollywood RFP04523SK for Citywide micro-transit Services Page 98 of 123                            657 Appendix 1.2 Letters of Support: Appendix 1.2.1 Water Taxi City of Hollywood RFP04523SK for Citywide micro-transit Services Page 99 of 123                            658 Appendix 1.2.2 Downtown Development Authority, WPB City of Hollywood RFP04523SK for Citywide micro-transit Services Page 100 of 123                            659 Appendix 1.2.3 Cityfi City of Hollywood RFP04523SK for Citywide micro-transit Services Page 101 of 123                            660 Appendix 1.2.4 Billy’s Stone Crab City of Hollywood RFP04523SK for Citywide micro-transit Services Page 102 of 123                            661 Appendix 1.2.5 World Tire Inc. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 103 of 123                            662 Appendix 1.2.6 Margaritaville City of Hollywood RFP04523SK for Citywide micro-transit Services Page 104 of 123                            663 Appendix 1.2.7 Le Tub, Tiki Tiki, GG’s City of Hollywood RFP04523SK for Citywide micro-transit Services Page 105 of 123                            664 Appendix 1.2.8 Diplomat Beach Resort Valet Services) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 106 of 123                            665 Appendix 2 Example of Data Report Appendix 2.1 February 2023 Hollywood Data Report Below showcases the most recent monthly report of the Hollywood Sun Shuttle. Additional highlights include a $4.53 net cost per rider Almost 90% lower than comparable micro-transit systems), 148,000 annual riders, 11,859 passengers in the short month of February 2023, and 41 passengers per revenue hour. Over the past 10 months of operation, the Hollywood Sun Shuttle Circuit has reduced greenhouse gas emissions by 242 metric tons CO2, saved over 27,231 gallons of gas, and reduced traffic congestion by 182,000 miles driven (by an average gasoline-powered vehicle). This GHG savings is the equivalent to the emissions reduced by 4,001 tree seedlings grown for 10 years (calculated using EPA GHG Equivalencies Calculator9). 9 https://www.epa.gov/energy/greenhouse-gas-equivalencies-calculator City of Hollywood RFP04523SK for Citywide micro-transit Services Page 107 of 123                            666 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 108 of 123                            667 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 109 of 123                            668 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 110 of 123                            669 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 111 of 123                            670 END OF REPORT City of Hollywood RFP04523SK for Citywide micro-transit Services Page 112 of 123                            671 Appendix 3 Case Studies Appendix 3.1 Hollywood Case Study Hollywood Sun Shuttle 2023 Case Study- Page 1 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 113 of 123                            672 Hollywood Sun Shuttle 2023 Case Study Page 2 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 114 of 123                            673 Hollywood Sun Shuttle 2023 Case Study- Page 3 (last page) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 115 of 123                            674 Appendix 3.2 Brightline Case Study Brightline Case Study- Page 1 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 116 of 123                            675 Brightline Case Study- Page 2 Brightline Case Study- page 3 (last page) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 117 of 123                            676 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 118 of 123                            677 Appendix 3.3 San Diego Case Study San Diego Case Study- Page 1 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 119 of 123                            678 San Diego Case Study- Page 2 San Diego Case Study- page 2 (last page) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 120 of 123                            679 Appendix 4 Additional Past Project Experience Appendix 4.1 New Rochelle NY Type of Service On-demand micro-transit services Contract Term August 2019 present Nature of Services In 2019, Circuit started a pilot program with the City of New Rochelle’s Industrial Development Agency IDA. The goal was to promote the downtown area’s businesses and new developments and to provide a free connection to the Metro-North Railroad. The program was a fast success, prompting the City to issue an RFP that Circuit was fortunate to win in January 2020. The service and local team quickly ingrained itself in the community, including coordination and outreach with Veterans groups, senior living communities, and the Chamber of Commerce. During the pandemic, Circuit partnered with 511NYRideshare to provide trips to visiting nurses between hotels and the Montefiore Hospital. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicle in New Rochelle Appendix 4.2 Brightline Type of Service On-demand micro-transit services, fare-based program Contract Term August 2021 present Nature of Services In 2021, Circuit was selected to provide on-demand first/last mile services by Brightline Trains for their reopening under the new program Brightline+. Service focuses on providing rides to/from Brightline stations within a specified radius of the Fort Lauderdale, West Palm Beach, and Miami stations. Passengers can now book private or shared rides in EV’s to and from all stations during the purchase of their train tickets online or in app. The innovative door to door service has significantly increased the user experience, streamlined travel, replaced ICE trips with EV trips and created 65 jobs. Nature & Type of Vehicles: all-electric mixed fleet with Polaris GEM e6, Tesla Model Y, and electric passenger vans City of Hollywood RFP04523SK for Citywide micro-transit Services Page 121 of 123                            680 Circuit GEM vehicles with Brightline branding at Brightline trains reopening and Brightline+ launch event Appendix 4.3. West Palm Beach, FL Type of Service On-demand micro-transit services Contract Term January 2013 present Nature of Services Circuit has operated on-demand services using electric vehicles in the area since 2013. We focused on riders within West Palm Beach and Palm Beach. This service has been provided over these years with funding support from brand sponsors as well as a small fare program. In 2021, Circuit won a contract with West Palm Beach DDA to offer expanded and fare-free services in West Palm Beach and Palm Beach. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in West Palm Beach with local business and safe street initiatives branding Appendix 4.4 Pompano Beach, FL Type of Service On-demand micro-transit services Contract Term 2021 present City of Hollywood RFP04523SK for Citywide micro-transit Services Page 122 of 123                            681 Nature of Services In 2020, Circuit was selected for this project through competitive RFP and began operating in Spring 2021. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. This program began as a self-branded service and then opened for third party advertising. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in Pompano Beach with City officials at ribbon cutting, 2021 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 123 of 123                            682 City-Wide Micro-Transit Services 17 of 18 EXHIBIT D – Service Areas Micro-Transit Zones shown below may adjusted during the Contract Term based on demand/City needs at no cost to the City as long as there is no net change to the number of vehicles/hours of operation On-Demand Micro-Transit Zones Designated Drop-off/Pick up locations for the Fixed Route pilot test                            683 City-Wide Micro-Transit Services 18 of 18 EXHIBIT E – Pricing Total Costs – All Zones Unit Costs                            684 685 686 687 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.G SUBJECT: Approval of the Renewal Letter to the First Amendment to the Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Contract with Circuit Transit Inc. for the CRA Pilot Ride Share Program SUMMARY: On January 18, 2024, the CRA Board approved the contract with Circuit Inc. for the CRA pilot ride share program which provides all-electric on-demand transportation services (see Attachments I - II). The Scope of Work of the Agreement with Circuit Inc. is summarized below (see Attachment III): on-demand ride share service with the exception of fixed routes for special events initial 6-month contract with the option to renew 6 months include the use of two GEM cars and two EV sedans provide service from 10 AM - 8 PM (Sunday-Thursday) and 10 AM - 10 PM (Friday and Saturday) report back to the Board quarterly once the contract begins In order to provide dedicated parking locations, electrical service for the charging, ride share service to the Ocean Front Beach Park and potential fixed route ride share service for City Events, an Interlocal Agreement with the City was required to fund any service outside of the CRA boundaries and allow reimbursement of EV charging costs (see Attachment IV). On February 11, 2025, the CRA Board approved Amendment No 1. to the Circuit Agreement, extending the term for one year or until March 5, 2026, with two additional one-year options to extend. On February 18, 2025, the City Commission approved the First Amendment to the Interlocal Agreement by Resolution R25-051, which includes an extension provision (see Attachment V). The CRA has exercised its first option to extend the Circuit Agreement and the term of the Circuit Agreement under the same prices, terms and conditions. Accordingly and pursuant to the authority granted in the First Amendment to the ILA, the CRA and the City can extend the ILA to March 5, 2027, with the Renewal Letter provided as Attachment VI. Once approved, the ILA will go to the City Commission for final approval. 688 •Attachment I - January 18, 2024 CRA Board Meeting Minutes •Attachment II - CRA/Circuit Executed Contract •Attachment III - Exhibit A: Scope of Work •Attachment IV - Executed ILA with Exhibits •Attachment V - R25-051 First Amendment to ILA for Circuit •Attachment VI - Renewal Letter to March 2027 FISCAL IMPACT: FY 2025-2026 Budget, Project Fund, Line Item 02-58500-470, $450,000 for Circuit Contract CRA BOARD OPTIONS: Approve the Renewal Letter to the First Amendment to the Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Contract with Circuit Transit Inc. for the CRA Pilot Ride Share Program ATTACHMENTS: Description 689 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Board Member Kelley moved to table Item 13F until the next meeting. Board Member Hay seconded the motion. The motion passed unanimously. G. Discussion and Consideration of a Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program Mr. Tack gave an overview of the Contract with Circuit Transit Inc. for the CRA Pilot Ride Share Program. He commented that at the November Board meeting, the Board gave Staff permission to move forward with negotiations with Circuit. Board Member Hay inquired, if needed, how long would it take to get another vehicle. Mr. Bagley, Circuit Transit Inc., replied the time it would take to add an additional vehicle, depends on the type of vehicle. He commented that if it was a sedan, it would be a few weeks, if it was a Gem vehicle, it has a longer order time. He stated that the sedans are going to be the better fit and offer the most flexibility. Board Member Hay asked who is responsible for the vehicles when they are parked overnight. Mr. Tack said that the CRA will be responsible, and the CRA is working with the City to provide four parking spaces in the current City parking lot on the corner of East Boynton Beach Boulevard and Seacrest Boulevard. He stated that Circuit would be responsible for liability since the vehicles and equipment belong to them. Board Member Hay inquired about special events and who is responsible for paying the overtime. Mr. Tack stated that the way the contract is written, it would not be considered overtime, there would be additional staffing and there is a rate within the contract that would provide the hourly rate structure. Vice Chair Turkin opened public comments. No virtual comments. Vice Chair Turkin closed public comments. Motion: Board Member Hay moved to approve the agreement with Circuit Transit, Inc. for the CRA Pilot Ride Share Program as presented and authorize the Board Chair to execute, subject to final legal review. Board Member Kelley seconded the motion with discussion. Board Member Kelley inquired what happens at the end of the six-month agreement. 6 690 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Janice Rustin, Counsel, replied that at the end of the six months, the contract will automatically be renewed for another six months. 14. New Business A. Discussion and Consideration of a Request for Proposals for Property Appraisal Services (Moved to February) B. Discussion and Consideration of Purchase of 1111 S. Federal Highway Mr. Tack gave an overview of the property located at 1111 S. Federal Highway. He said that the CRA Staff actively pursues the purchase of properties within the CRA District in order to spur redevelopment opportunities in accordance with the CRA Plan. He stated that 1111 S. Federal is a vacant lot, approximately .35 acres, which is currently zoned as C3 Community Commercial. He stated that the future development would be a potential mixed use under the Mixed Use Medium Future Land Use Classification. He commented that the development potential would allow mixed use development with a maximum density of 40 to 50 units per acre, and maximum height of 65 to 75 feet. Board Member Kelley stated that this is prime property with Federal Highway access and proximity to other properties owed by the CRA, and this an opportunity to capture property that has potential. Board Member Hay stated that it is a good deal and he is in favor of the purchase. Vice Mayor Turkin stated that he agrees with his colleagues this is a great opportunity. Vice Chair Turkin opened public comments. Blair Lee, the Broker for the property, stated that he had conferred with his client who owns the property at 1111 S. Federal Highway. He commented that they discussed a price of somewhere between the list price and $850,000. He noted that the purchase price came in at $891,000. He stated that the owner has continued to get the approvals on the square footage with a site plan, and the owner would like the Board to consider paying the appraised value. No virtual comments. Vice Chair Turkin closed public comment. Motion: Board Member Kelley moved to approve the purchase of the vacant lot located at 1111 S. Federal Highway in the amount of $850,000 and authorize the Board Chair to execute a Purchase and Sale agreement subject to final legal review. Board Member Hay seconded the motion with discussion. The motion passed unanimously. Board Member Hay inquired if there was anything currently planned for the site. 7 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 4853-3349-4940, v. 6 EXHIBIT A: SCOPE OF WORK Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work. The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park. The Service to the Beach shall be subject to CRA’s execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones (Zone 1 and Zone 2) covering approximately 1.6 square miles of coverage area as illustrated in Exhibit C (“Service Area”). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA’s execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA, Circuit shall maintain updates to the application, which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 711 4853-3349-4940, v. 6 Section 3: Marketing and Branding A. In coordination with the CRA, Circuit shall develop and implement a branding strategy, which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA. Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise, Circuit will acquire and operate at its own expense no fewer than two (2) GEM vehicles (inclusive of one (1) ADA accessible GEM vehicle) and two (2) EV Sedans as part of this Service. The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement, Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders, unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing. Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit’s use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage, charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 712 4853-3349-4940, v. 6 i. At Circuit’s sole cost, Circuit shall maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti, vandalism, defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non -operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit’s lack of diligence, the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit. Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers. Circuit shall obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver’s driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service (LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit’s principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA’ s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein, any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit’s Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit’s Representative has full right, power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty (30) days prior to the special event and may include a request the establishment 713 4853-3349-4940, v. 6 of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of $34.97 plus the actual cost to transport the vehicle(s) to the requested location , which will be agreed to by the parties in writing, prior to transportation. Section 7. Trip Sharing A. Drivers shall be permitted to transport more than one (1) party but no more than five (5) parties in GEM vehicles and four (4) parties in the E-Sedan under the following conditions: i. The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty (60) hours each week (“Vehicle Hours”) . The cost per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B. The Vehicle Hours shall occur within the following schedule: 714 4853-3349-4940, v. 6 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA’s annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request, Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports, the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement, Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 715 4853-3349-4940, v. 6 advertisement design, production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month, which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement, commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle “wraps” (collectively “Advertising”) must conform to the following criteria: i. Defamatory Advertising. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product, or company. ii. Advertising Condoning Criminal Conduct. No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising. No Advertising shall displace false or misleading information, intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco, Firearms, and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes, laws, ordinances, rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services, as follows: 716 4853-3349-4940, v. 6 i. For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2: $2:00 for each rider. If the rider is part of a group, $2.00 for the initial rider and $1.00 for each additional rider within the group. B. Circuit shall credit the CRA’s monthly invoice for each Zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 717 1 RESOLUTION NO. R24-041 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN THE INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY REGARDING 7 CIRCUIT TRANSIT INC., FOR THE BBCRA PILOT RIDE 8 SHARE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, on January 18, 2024, the CRA Board approved a contract with Circuit 10 Transit, Inc., for the CRA pilot ride-share program, which will provide all-electric on-demand 11 transportation services; and 12 WHEREAS, the City and CRA desire to provide an additional route from the CRA 13 district to Ocean Front Beach Park,along with four dedicated parking stalls in the north parking 14 lot at the corner of Seacrest Blvd. and Boynton Beach Blvd., which will include three Level 2 15 EV charging stations adjacent to the existing electrical service; and 16 WHEREAS, in order to provide dedicated parking locations, electrical service for the 17 charging,ride share service to the Ocean Front Beach Park, and potential fixed route ride share 18 service for City Events, an Interlocal Agreement is required to fund any service outside of the 19 CRA boundaries and allow reimbursement of EV charging costs; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff,deems it to be in the best interests of the City residents to approve and 22 authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and 23 the Boynton Beach Community Redevelopment Agency regarding Circuit Transit Inc., for the 24 BBCRA Pilot Ride Share Program. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, does 30 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 31 Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding Circuit S:\CC\WP\CCAGENDA\2024\03-05-2024 CC\R24-041 Agenda_Item_1227-2023_ILA_City_CRA_Circuit_Transit_- Pilot_Ride_Share_Prognam.Docx 718 32 Transit Inc., for the BBCRA Pilot Ride Share Program. A copy of the Interlocal Agreement is 33 attached hereto and incorporated herein as Exhibit "A." 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 5th day of March 2024. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor—Ty Penserga 40 41 Vice Mayor—Thomas Turkin 42 43 Commissioner—Angela Cruz turns 44 45 Commissioner—Woodrow L. Hay V 46 47 Commissioner— Aimee Kelley 48 49 VOTE q 'D 50 51 AT ' : 52 53 4(0--54 i. ,I,r l 55 Maylee ID- sus, MPA MC nerga 56 City Cl ilryor 57 58 APPROVED AS TO FORM: 59 (Corporate Seal) 0,INT0A ` 60 0 ,. ORA; . G61 e •* ) 111 sdkai/ t 6 62 SEAL .5.li Shawna G. Lam 63 IticpORA1- 0 i City Attorney 192 111 '....... 1``.`, FLOR\V' S:\CC\WFCCAGENDA\2024\03-05-2024 CC\R24-041 Agenda_Item_1227-2023_ILA_City_CRA_Circuit_Transit_- Pi lot_Ride_Share_Program.Docx 719 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM THIS AGREEMENT ("Agreement") is made this5dday of / ki-CM 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the"BBCRA"). The City and BBCRA may be referred to herein individually as a "party" and collectively as the "parties." WITNESSETH: WHEREAS, the BBCRA has elected to enter into an agreement with Circuit Transit, Inc. Circuit"), a copy of which is attached hereto as Exhibit A ("Circuit Agreement"); and WHEREAS, the Circuit Agreement provides that Circuit shall provide on demand transportation services (the "Services") as part of a pilot program for the BBCRA; and WHEREAS, the BBCRA shall only provide funding for the Services within the BBCRA's boundaries; and WHEREAS, the City desires to participate in the pilot program, fund Services outside of the BBCRA's boundaries, and otherwise contribute to the pilot program as described in this Agreement; and WHEREAS, to that end, the area in which Services will be provided has been divided into Zone 1 and Zone 2, which are depicted on Exhibit B attached hereto, which is hereby incorporated herein; and WHEREAS, Zone 1 is within the BBCRA's boundaries; and WHEREAS, Zone 2 is outside the BBCRA's boundaries; and WHEREAS, the BBCRA desires to enable the City to participate in the pilot program, fund Services outside of the BBCRA's boundaries, and otherwise contribute to the pilot program as 4859-3315-2162,v. 1 720 described in this Agreement; and WHEREAS, the BBCRA has required that Circuit include the City as an additional insured pursuant to the Circuit Agreement; and WHEREAS, the 2016 Community Redevelopment Plan ("CRA Plan") calls for the BBCRA to provide for connectivity between the districts, address public parking shortfalls, and provide for additional public waterfront access; and WHEREAS, the Services shall be in furtherance of these goals and principles of the CRA plan; and WHEREAS, the City and the BBCRA find that this Agreement serves a municipal and public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2 Definitions. Terms not otherwise defined herein shall have the meaning set forth in the Circuit Agreement(including the Exhibits to the Circuit Agreement). In the event of a conflict between a definition in this Agreement and a definition in the Circuit Agreement, the terms in this Agreement shall control. All other terms shall have their ordinary dictionary definitions. 3. Payment. The parties agree: a. Contribution. The City shall be responsible for providing payment to the BBCRA for the costs of the Services in Zone 2 and other costs as described below. Such payment shall be made within 15 days of the City receiving a complete written request for payment from the BBCRA. b. Invoicing. The BBCRA will submit the complete written request for payment to the City within 15 days of the receiving an invoice from Circuit. i. For purposes of this Agreement, a complete written request shall include: 4859-3315-2162,v. 1 721 1. The amount of payment requested. 2. The monthly report from Circuit, if provided by Circuit, describing the level of service for Zone 2, or equivalent documentation indicating the fare revenue collected from Zone 2 trips and the number of Zone 2 trips. 3. A copy of Circuit invoice to the BBCRA. 4. Tabulation by the BBCRA for the amount owed to the BBCRA by the City, which shall include each of the following, as applicable. A. For ordinary services, the costs of the Services in Zone 2 shall be calculated by multiplying the total invoice amount by the percentage of rides starting or ending within Zone 2, then subtracting from that resulting number fifty percent of the Net Fare Revenue generated from rides starting or ending within Zone 2. For clarity, the calculation above may also be represented as follows: total invoice amount) x (percentage of rides starting or ending within Zone 2)] — [.5 x Net Fare Revenue generated from rides starting or ending within Zone 2] = Amount of City Payment Due. It is the intent of the parties that the Net Fare Revenue generated from rides starting or ending within Zone 2 be evenly divided between the parties. B. For Services requested by the City for special events ("Special Event Services"), the City shall reimburse the CRA for all costs associated with Special Event Services, regardless of the location of the special event. ii. In the event the written request is incomplete, the City shall notify the BBCRA within five days of receiving the incomplete request; otherwise such request shall be deemed complete. Upon receiving written notice of an incomplete request, and the BBCRA 4859-3315-2162,v. 1 722 shall have 10 days to submit the complete written request; otherwise such written request shall be ineligible for payment. c. Promotions. In the event the City requests a pricing discount ("Sales Promotion") on certain Services, the City shall make payment to the BBCRA for difference in revenue to the BBCRA as a result of the Sales Promotion. 4 Coordination. The parties agree to the following concerning coordination related to this Agreement. a. Between the City and BBCRA. Coordination between the City and BBCRA shall occur as follows: i. The City shall designate a single point of contact ("City Project Manager") for coordination with the BBCRA concerning this Agreement. The City may modify the person acting as the City Project Manager upon written notice to the BBCRA. At present, the City designates Gail Mootz who can be reached at mootzg@bbfl.us and 561-742-6223. The BBCRA shall copy Jonele Luma at LumaJ@bbfl.us on all correspondence concerning invoices and Payments due. ii. The BBCRA shall designate a single point of contact ("BBCRA Project Manager") for coordination with the City concerning this Agreement. The BBCRA may modify the person acting as the BBCRA Project Manager upon written notice to the City. At present, the BBCRA designates Timothy Tack, who can be reached at tackt@bbfl.us and (561)600-9091, with a copy of all emails to be directed to Bonnie Nicklien at nicklienb@bbfl.us. b. With Circuit. The parties agree the BBCRA shall be the sole point of contact with Circuit. In the event the City desires to request Special Event Services, the City Project Manager shall submit to the BBCRA Project Manager a written request with sufficient detail to notify the BBCRA and Circuit of the time, date, total vehicle hours, vehicle types, and any other information necessary to analyze such request. Any request is for Special Event Services 4859-3315-2162,v. 1 723 must be made at least 30 days prior to the date of the applicable special event. If the City desires to coordinate with Circuit on any other matter, the City shall submit a written request to the BBCRA Project Manager containing sufficient information to analyze such request for consistency with the Circuit Agreement. So long as a written request from the City is consistent with the terms of the Circuit Agreement, the BBCRA shall coordinate with Circuit concerning the request within 5 business days of receiving such request and shall endeavor to arrange a meeting between the City, BBCRA, and Circuit. The City shall supply additional information as requested by the BBCRA as may be necessary, in the opinion of the BBCRA, to analyze the City's request and coordinate with Circuit concerning the same. 5. Parking Spaces. The parties agree that Circuit may use the Parking Spaces (defined below) for storing and charging the vehicles that provide the Services. a. Location. The City agrees to designate the parking spaces identified in Exhibit C (the Parking Spaces")for the sole use of Circuit. The location of the Parking Spaces may be moved from time to time upon the written consent of the BBCRA Project Manager and the City Project Manager. However, in the event the City requests the Parking Spaces be moved, the City and BBCRA share evenly share the costs of moving any charging infrastructure and signage. The parties agree to make best efforts to avoid relocating the Parking Spaces during the term of the Agreement. b. Signage, Charging Infrastructure, Electricity. The City consents to the placement of signage and electric charging infrastructure at the Parking Spaces, which shall be installed at no cost to the City. The City confirms that sufficient power can be supplied to the Parking Spaces to charge four Circuit vehicles simultaneously. The City shall invoice the CRA for the electricity used by the Parking Spaces. The BBCRA Project Manager and City Project Manager may agree to incorporate the electricity invoice into the payment described in Paragraph 3 of this Agreement. 4859-3315-2162,v. 1 724 c. Enforcement. The City agrees to assist in enforcement of parking restrictions to ensure the Parking Spaces are used exclusively by Circuit vehicles, as may be required from time to time. 6. Relationship to the Circuit Agreement. The parties agree that the City shall only be responsible for providing payment to the BBCRA and that BBCRA shall be responsible for administering the Circuit Agreement. The parties agree that the BBCRA has sole and absolute discretion concerning the Circuit Agreement, and nothing in this Agreement confers the rights or obligations of the BBCRA within the Circuit Agreement to the City. Nonetheless, the CRA will endeavor to coordinate with the City concerning the termination of the Circuit Agreement and the amount and timing of Services prior to terminating the Service Agreement or implementing Service changes. The BBCRA will not terminate services to Zone 2 without the prior written consent of the City. 7. Marketing and Promotion. Marketing and promotional efforts concerning the Services shall occur as follows: a. Inclusion of City Logo. The BBCRA shall include the City's logo on marketing and advertising pursuant to the Circuit Agreement ("Promotional Materials") at no cost to the City. The City shall provide its preferred logo to the BBCRA for use in Promotional Materials. The BBCRA Project Manager shall provide any draft Promotional Materials with the City logo to the City Project Manager no less than five business days prior to the use of such Promotional Materials for approval; provided however that if the BBCRA Project Manager does not receive a response within five business days such Promotional Materials shall be deemed approved by the City. b. Promotional Efforts by the City. The City shall promote the Services using Promotional Materials provided by the BBCRA in the manner described in Exhibit D. 8, Notice and Contact. All notices and requests concerning this Agreement shall be delivered via email to the City Project Manager or the BBCRA Project Manager, as applicable, which 4859-3315-2162,v. 1 725 email delivery shall be deemed "written"or"in writing"for purposes of this Agreement. Notices concerning default or termination, or requests for modifications to this Agreement shall also be delivered by email and by writing sent by one of (1) United States mail, return receipt requested, (2) courier, evidenced by a delivery receipt, or (3) by overnight express delivery service, evidenced by a delivery receipt, which notice or request shall be addressed to the person designated by each party for receipt of legal notice. At present, the parties designate the following for receipt of legal notice: If to the BBCRA:Kathryn Rossmell Lewis, Longman &Walker, PA 360 S. Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 krossmell(d lIw-law.com If to the City: Shawna Lamb City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 lambsbbfl.us 9. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement ("Effective Date"). This Agreement shall be in effect from the Effective Date and unless earlier terminated pursuant to the terms of this Agreement, shall automatically terminate upon the termination of the Circuit Agreement, or 1 year from the Effective Date of this Agreement, whichever is earlier. 10. Public Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least one year after the termination of the Agreement. 4859-3315-2162,v. 1 726 11. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 12. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the BBCRA or the City as set forth in Section 768.28, Florida Statutes. 13. Default. If either party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of 10 calendar days after receipt of written notice of such default from the other party, the party giving notice of default may terminate this Agreement through written notice to the other party. Failure of any party to exercise its right in the event of any default by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any rights related to the other party's failure to perform unless such waiver is in writing and executed by both parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Notwithstanding the foregoing, in the event of a default by the either party, the exclusive remedy for such default shall be monetary, limited to actual damages incurred, and shall not exceed the amount actually paid to Circuit pursuant to the Circuit Agreement. 14. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 15. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion 4859-3315-2162,v. 1 727 thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 16. No Third Party Beneficiaries. No provision of this 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 the City or the BBCRA. 17. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other,which may be granted or withheld at the other party's absolute discretion. 18. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 19. Survival. The provisions of this Agreement regarding termination and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 20. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 21. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e., via facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 22. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been 4859-3315-2162,v. 1 728 prepared by counsel for one of the parties. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. Boynton Beach Community Redevelopment Agency ATTEST: L By: i` t/ .x Print Name: S17/?V — Title: ,; Date:C. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: CRA Attorne City of Boynton Beach, Florio . ATTES : By: ON•B£,q' int Nam:. /y P&2 ti. 5, p1E .••'s' Lt. 7oR 1115e0tS,\l Titl!t 3/zYoerOgatofri OC1'0,9,Y ei APPROV .'AS TO FORM A'`‘! LEGAL - ' FICIENCY: C , A ttorney 4859-3315-2162,v. 1 729 EXHIBIT A BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICES This Agreement for On-Demand Transportation Services (hereinafter "Agreement") is made by and between CIRCUIT TRANSIT INC., ("Contractor") a Florida corporation organized and existing under the laws of the State of Florida having its principal office at 501 East Las Olas, Suite 300, Fort Lauderdale, FL 33301, including its Affiliates (collectively, the Contractor" or "Company") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the"Client"or"CRA")a community redevelopment agency organized and existing under the laws of the State of Florida having its principal office 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, (hereinafter the "CRA") (collectively the "Parties"). WHEREAS, the CRA is in need of on-demand transportation ("Services"); and WHEREAS,Circuit entered into an agreement with the City of Hollywood in response to Request to Proposal No. RFP-045-23-SK, effective July 1, 2023 to provide on-demand transportation services for a term of one (1) year, with the option to renew for three (3) one-year periods; and WHEREAS, the CRA desires to obtain the Services from Circuit on same the terms, conditions,and pricing provided under RFP-045-23-SK,subject to the terms and conditions of this Agreement and the City of Boynton Beach Procurement Policy; and WHEREAS, Circuit agrees to extend the terms, conditions, and pricing provided under RFP-045-23-SK to the CRA, subject to the terms and conditions of this Agreement; and WHEREAS,the Services are required for a proper municipal purpose and is in the interest of the public;and WHEREAS, the Services will further the Community Redevelopment Plan. NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Description of the Services. Contractor will perform its obligations as described in Exhibit A: Scope of Services, which is hereby incorporated as if fully set forth herein. 3) Term. The Contractor shall perform the Services for six (6) months ("Initial Term"), with option to renew for 6 months ("Renewal Term"). Services shall start within thirty (30) days of the effective date of this Agreement or upon the CRA's execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. A copy of the executed Page 1 of 10 4875-9566-4284,v.2 730 interlocal agreement shall be provided to Circuit. The service start date may be extended by mutual agreement of the Parties. 4) Compensation. The CRA shall pay the Contractor an amount not to exceed Four Hundred Thousand dollars ($400,000.00) (hereinafter, "Compensation") for the performance of the Services for the Initial Term and Renewal Term of this agreement, which sum shall be paid in accordance with the Pricing Schedule attached as Exhibit B.The Compensation is all inclusive for the services provided and shall include the cost of the vehicles, vehicle wraps, including the art work installation and removal of the wraps, W-2 Drivers, management fees, driver training, insurance, vehicle maintenance, cell phones, hosting services for the mobile application and related usage fees, web fees, and basic marketing materials. Contractor shall be responsible for all costs related to the operation and maintaining the vehicles,including cost of installation of the vehicle charging equipment and the costs for electrical service required for vehicle charging.Notwithstanding the above, in the event that the CRA does not renew this Agreement after the Initial Term,the CRA shall reimburse Contractor the costs associated with modifying the existing electrical service to accommodate new charging equipment, upon receipt of proper invoice .The CRA shall not be responsible for the payment of any additional fees not otherwise stated herein, unless the parties enter into a written amendment to this Agreement which is approved by both parties. 5) Method of Payment of Compensation. Circuit shall submit a monthly detailed invoice to the CRA. Project Manager shall determine the format of the invoice and the information that must be provided. Payment of Compensation (or any part thereof)shall 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. Any amounts not timely paid by CRA shall bear interest from 30 days after the due date at the rate of 1 percent per month on the unpaid balance. All Payments shall be in the form of a CRA check made payable to the Contractor, or as indicated above.No Payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Services. 6) Propriety. Contractor understands that at all times during its performance of Services, Contractor, Contractor's employees and subcontractors shall conduct itself at all times with due regard to public conventions and morals, and shall refrain from making statements or presenting material that contains vulgar,obscene,profane,or otherwise objectionable language that,as determined in the sole discretion of the CRA, material and substantially interferes with the functions and reasonable business operations of the CRA. 7) Termination for Convenience. The CRA reserves the right to terminate this Agreement for any reason and without cause with sixty (60) days written notice during the Renewal Term only. In the event of termination,Contractor shall be entitled to payment for services rendered through the date of termination. 8) Termination for Cause; Default. The CRA reserves the right to terminate this Agreement, in part or in whole, in the event the Contractor fails to perform in accordance with the terms and conditions stated herein by providing written notice of such failure or default and by Page 2 of 10 4875-9566-4284,v.2 731 specifying a reasonable time period within which the Contractor must cure any such failure to perform or default. If the Contractor fails to cure the default within the time specified,the CRA may then terminate the Agreement by providing written notice to the Contractor. Notwithstanding anything to the contrary in this Agreement, if the CRA determinates that termination is necessary to protect public health, safety or welfare,the CRA may terminate the Agreement upon providing such written notice that the CRA deems appropriate under the circumstances, including immediate termination. In the event of immediate termination, the Contractor shall be entitled to payment for seven (7)days of services plus payment for services rendered under this Agreement through the date of the notice of immediate termination. 9) Termination for Bankruptcy. The CRA shall have the right to terminate this Agreement by providing written notice to the Contractor in the event: i) Contractor enters into receivership or is subject of a voluntary or involuntary bankruptcy proceeding; or ii) a substantial part of the Contractor's property becomes subject to nay levy, seizure, assignment, or sale for or by any creditor or government agency. 10) Waiver. The CRA shall not be responsible for any property or other damages or personal injury sustained by the Contractor from any cause whatsoever related to the Services whether such damage or injury occurs before, during, or after the actual performance of the Services. The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. 11) Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property or other damages or personal injury, including death,sustained by any person whomsoever,which damage is incidental to,occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment of the Contractor or the performance of this Agreement by Contractor or Contractor's employees,agents,partners,principals,or subcontractors. This paragraph shall not be construed to require Contractor to indemnify the CRA for negligence or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers,employees and agents. 12) Limitation of liability. To the extent permitted by law, the CRA's liability for all matters that occur as a result of, arise out of, or are otherwise related to this Agreement, including negligent,grossly negligent,or willful misconduct or omission,shall be limited to the amount of Compensation, less amounts that have already been paid, or the direct out-of-pocket damages actually incurred, whichever is less. Neither Party shall not be liable to the other party for special,indirect, incidental or consequential damages. Each Party hereby disclaims such damages to the full extent such may be disclaimed, except in the case of fraud, gross negligence or willful misconduct of the responsible Party. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA , including those set forth in Section 768.28, Florida Statutes. Page 3 of 10 4875-9566-4284,v.2 732 13) No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or profit corporation, or other entity without prior, written permission from the CRA. 14) Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the start of the Services, and include for the following insurance amounts: Commercial General Liability: 1,000,000 per occurrence/$2 million in the aggregate for bodily injury, personal injury and property damage Automobile Liability: 1,000,000 combined single limit for bodily injury and property damage, including hired owned and non-owned auto coverages Workers Compensation In the amounts required under Florida Statutes Cyber Liability: 1,000,000 coverage Umbrella/Excess Liability insurance 5,000,000 coverage The Insurance must remain in force for so long as is necessary to cover any occurrence relating to,resulting from, or arising out of the Services or this Agreement. Contractor shall not commence services under the terms of this agreement until a Certification of Insurance COI")has been received by the CRA. The CRA is to be included as"Additional Insured" with respect to liability arising out of services performed by the Contractor by or on behalf of the CRA or acts or omissions of the Contractor in connection with providing Services pursuant to this Agreement. The Certificate must include the following as additional insured parties: Boynton Beach Community Redevelopment Agency 100 E Ocean Avenue,4th Floor Boynton Beach,Florida 33435 The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 15) Tax Forms. The Contractor's individual members, including the Contractor's agents and employees, shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor's compensation for the Services. The Contractor Page 4of10 4875-9566-4284,v.2 733 assumes all liability and responsibility for payment of the Contractor's (and the Contractor's individual members)own FICA and Social Security benefits and all taxes resulting from this Agreement. 16) 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 CRA. In the event funds to finance this Agreement become unavailable,the CRA may terminate this Agreement upon no less than twenty-four(24)hours'notice to Contractor.The CRA shall be the sole and final authority as to the availability of funds. The CRA shall pay Contractor for goods received or services rendered prior to the date of termination. 17) No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, familial status, gender identity,gender expression,sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 18) Independent Contractor; No Partnership, Etc. The Contractor agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or employee relationship. It is specifically understood that the Contractor is an independent contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Services; and that Contractor is an independent contractor and not an employee of the CRA for all purposes including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law.. The Contractor will exercise its own judgment in matters of safety for itself, those affected by the Services, and attendees of the Event. 19) Promotional Materials. The Contractor agrees that the CRA may photograph and/or record video and audio of the Services, and that such photographs and recordings may be (i) used for the purposes of promotion of the CRA, or undertakings by the CRA; (ii)transmitted live or by recording on local television and radio channels; and (iii) used in materials intended for public display or distribution to the public, including but not limited to print advertisements, billboards, street and light pole banners, websites affiliated with the CRA, and social media affiliated with the CRA. The Contractor waives and assigns to the CRA all copyrights under the Copyright Act of 1976, 17 U.S.C. 101, et seq., and all other rights in recorded,photographed,or transmitted versions of the Services. The CRA shall attribute the Services to the Contractor. 20) No Infringement. The Contractor represents that in performing the Services under this Agreement, the Contractor will not infringe on the property right, copyright,patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Services is an infringement on the property right,copyright,patent right, or other rights, the Contractor will indemnify the CRA against any and all loss, Page 5of10 4875-9566-4284,v.2 734 damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA's logos, or marks without the CRA's prior written approval. 21) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein,are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 22) Counterparts and Transmission. To facilitate execution,this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 23) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 24) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the parties expressly agree and submit. BY ENTERING INTO THIS CONTRACT, CONTRACTOR AND CRA HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS CONTRACT. CONTRACTOR SHALL NOT BRING ANY COURT ACTION AGAINST CRA EITHER IN EQUITY OR IN LAW,AND CONTRACTOR EXPRESSLY WAIVES ITS RIGHT TO INSTITUTE LITIGATION AGAINST CRA FOR ANY MATTER ARISING UNDER THE TERMS OF THIS CONTRACT,UNTIL AFTER THE PROJECT HAS BEEN COMPLETED AND ACCEPTED BY CRA. 25) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. To that end, this Agreement is declared severable. 26) Force Majeure. Neither party shall be deemed to be in breach of this Agreement if either party is prevented from performing any obligations required of it by reason of boycotts, shortages of materials, labor disputes, embargoes, acts of God, epidemic, pandemic, acts of Page 6 of 10 4875-9566-4284,v.2 735 public enemy, acts of superior governmental authority, floods, riots, foreign or civil wars, rebellion, terrorism, sabotage by third parties, or any other similar circumstances for which it is not reasonably responsible and which are not within its control. Each party take all reasonable steps to prevent, reduce, mitigate, and remedy the effects of the Force Majeure event as soon as possible if within its control. The CRA shall not be obligated to pay Contractor Compensation under this Agreement to the extent that a Force Majeure prevents or delays Contract from performing Services. 27) Voluntary Waiver of Provisions. The failure of either Party to enforce any of its rights hereunder or at law will not be deemed a waiver or a continuing waiver or any of its rights or remedies against the other Party, unless such failure or waiver is expressly set forth and acknowledged in writing. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. The Contractor may waive any requirements of the CRA contained in this Agreement. 28) Contractor-owned records.Except as provided in Chapter 119,Florida Statutes,all records created and compiled by Contractor in completing the Services are owned by Contractor and include, but are not limited to, written reports, studies, drawings, blueprints, photographs, negatives of photographs, computer printouts, graphs, charts, plans, contract documents, specifications, all ridership data, information generated on the Contractor's proprietary mobile applications and all other similarly recorded data. 29) Public Records. The CRA is a public agency subject to Chapter 119,Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Services described in this Agreement. b. Upon request from the CRA's custodian of public records,provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes,or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the CRA. d. Upon completion of the Agreement, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the Agreement,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement,the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be Page 7 of 10 4875-9566-4284,v.2 736 provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. The Contractor also understands that CRA may disclose any document in connection with performance of the Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E. Ocean Ave., 4th Floor, Boynton Beach, FL 33435; or TackT(acbbtl.us. 30) Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 31)Notice and Contact. The parties shall use the contact information below for coordinating delivery of the Services. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested,courier,evidenced by a delivery receipt,or by overnight express delivery service,evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: Contact Person for the Contractor Circuit Transit Inc. Jason Mirras 501 East Las Olas Suite 300 Fort Lauderdale, FL 33301 With a copy to: Circuit Transit Inc. P.O. Box 2173 Amagansett,NY 11930 Attention : James Mirras Contact Person for the CRA (hereinafter"Program Coordinator"): Name: Timothy Tack Address: 100 E. Ocean Avenue. 4th Floor, Boynton Beach, FL 33435 Page 8of10 4875-9566-4284,v.2 737 Email Address: TackT@bbfl.us. Telephone Number: (561)600-9091 With a copy to: Kathryn Rossmell, Esq. Lewis, Longman, & Walker P.A. 360 S. Rosemary Avenue, Suite 1100 West Palm Beach,FL 33401 32) Attorneys' Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, each party shall be responsible for its own attorneys' fees and costs. 33) Compliance with Laws. In the performance of the Services under this Agreement, the Contractor shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including applicable ethics and procurement requirements. 34) Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement ("Effective Date"). Unless earlier terminated pursuant to this Agreement, this Agreement will automatically terminate after the performance of the Services and final Payment by the CRA. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Services pursuant to this Agreement. 35) Modification. This Agreement will not be modified or amended except by the express written agreement of the Parties, signed by a duly authorized representative for each Party. Any other attempt to modify or amend this Agreement will be null and void and may not be relied upon by either Party. 36) Survival. The provisions of this Agreement regarding promotional rights, infringement, indemnity, waiver, limitation of liability, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. 37) Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. 38) Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements,or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement,the CRA may terminate the Agreement. 39) Agreement Non-Exclusive. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the CRA. The provision of Page 9 of 10 4875-9566-4284,v.2 738 services provided for herein is non-exclusive. The CRA in its sole and absolute discretion may retain additional entities or persons to perform the same or similar work. 40) E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the CRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095,Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Agreement. Notwithstanding any other provisions in this Agreement,if the CRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement,the CRA shall terminate the Agreement. If the CRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement, the CRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. 41) Conflict of Interest. Circuit represents that it has no interest and will not acquire any interest, direct or indirect, that would conflict with the performance of the services to be rendered under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. By Date: t/Z.• ft<2`( Au epresentative r Contractor Print Name: 1-3-Pc Le-1 Witness: Date: t/2 2`t Witness Name:t 4 ---- ‘4 C' 5 By: Date: / 9' 20 z'? Authorized esentative for CRA Print Name/ 79 i()0 & Witness: 17- Date: I INV ZoZq Witness Name: 70 N I E Ni I(AL.'1A El.; Page 10 of 10 4875-9566-4284,v.2 739 EXHIBIT A: SCOPE OF WORK Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit"On Demand"service(the"Service")within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work.The Service will serve visitors,residents, and workers by providing a convenient,efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park.The Service to the Beach shall be subject to CRA's execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones(Zone 1 and Zone 2)covering approximately 1.6 square miles of coverage area as illustrated in Exhibit C ("Service Area"). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly,weekly,daily,and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable,qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA's execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA,Circuit shall maintain updates to the application,which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 4853-3349-4940,v.6 740 Section 3: Marketing and Branding A. In coordination with the CRA,Circuit shall develop and implement a branding strategy,which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA.Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise,Circuit will acquire and operate at its own expense no fewer than two(2)GEM vehicles(inclusive of one(1)ADA accessible GEM vehicle)and two 2)EV Sedans as part of this Service.The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications.All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement,Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders,unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing.Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit's use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage,charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 4853-3349-4940,v.6 741 i. At Circuit's sole cost,Circuit shall maintain the interior and exterior of all vehicles in good working order,in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti,vandalism,defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non-operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit's lack of diligence,the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit.Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers.Circuit shall obtain complete background checks on all drivers,including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three(3)infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver's driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service(LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary.Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit's principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA' s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein,any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit's Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit's Representative has full right,power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty(30)days prior to the special event and may include a request the establishment 4853-3349-4940,v.6 742 of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of$34.97 plus the actual cost to transport the vehicle(s)to the requested location, which will be agreed to by the parties in writing, prior to transportation. Section 7.Trip Sharing A. Drivers shall be permitted to transport more than one(1)party but no more than five(5)parties in GEM vehicles and four(4) parties in the E-Sedan under the following conditions: i.The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle's legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation,permits or approvals from the Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver's opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty(60)hours each week("Vehicle Hours") . The cost per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B.The Vehicle Hours shall occur within the following schedule: 4853-3349-4940,v.6 743 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA's annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request,Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily,weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily,weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily,weekly and monthly basis. vi. Average trip duration on a daily,weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports,the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement,Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 4853-3349-4940,v.6 744 advertisement design,production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month,which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement,commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle "wraps" collectively "Advertising")must conform to the following criteria: i. Defamatory Advertisinu. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product,or company. ii. Advertising Condoning Criminal Conduct.No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising.No Advertising shall displace false or misleading information,intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco. Firearms. and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes,laws,ordinances,rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services,as follows: 4853-3349-4940,v.6 745 i.For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2:$2:00 for each rider. If the rider is part of a group,$2.00 for the initial rider and$1.00 for each additional rider within the group. B. Circuit shall credit the CRA's monthly invoice for each Zone with 100%of the Net Fare Revenue, defined below,that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law,credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 4853-3349-4940,v.6 746 Exhibit A-1 Service Area The Circuit Service Area for City of Boynton Beach CRA that is active in the Ride Circuit app and on the Circuit website is as follows: ii. /7 f i KM oi 1 Oceari;Front B •ch Park, IF i Two_Georges ,ieoa _w_ WaterfrontlGrifle EOce: 6 11 i 71 w t i c J CD ALCD 0) a 1/ i. tQ \\.„ f, , s, 1, - I,/ ke) co il,, i Jm Briny Breezes SE 2 a Zone 1: Area shaded blue Zone 2: Area shaded green 4854-7888-5014,v.2 747 Exhibit B: Pricing Schedule u Vh33 S 0ow.rtownl57d53I MAh.a7(t41.h 1on6- 36464, 14cM1,1 44.r66 I 615.165 64..03 Ms,M5 M.M06 13s*7 Month Mo.• Moab 20 35421I 04.Mu 51..0 Mr Mel 6C M 50 0 M 00 1 M M 1•.26 M M0I/, 361 161 161 261 555 111 241 261 161 261 261 266 03/7 I 0560030. 11 1 1 i 1 1 1 0170.0 0 0 Mf.M 1 5 2 1 1 1 13 1 3 311412•6125e110b Now 241.0 261.0 MIA 1610 241-0 261.0 7610 261.0 111.0 161.0 2430 251A 0105.335959701115.n1.13)97(5753090 2430 MMA 2620 162.0 1610 2610 2610 061.0 1610 2610 241.0 26131 1V Van!wow Noun 00 0.0 D.0 0A DA 00 OA 012 OA 00 00 DO 362.5.7.110515 5220 111 t 5110 522.5 5110 5210 5220 521-0 5221 5210 5110 5110 0/OM3nr3.x3w 1 Sari 0 Mn 5 3617 $ 3637 $ 1631 $ RV 3 34,37 S 50.57 $ 043, $ 15.77 0 737 S Stn 0023nn4226000n..e 1051 I 5457 $ 14.17 1 54.57 $ 36.77 4 35.17 $ 1177 $ 0437 3 54.41 5 SW $ 5447 $ 5537 $ 1550 3/1Vwn0Mv11s. 1 - AO 3 . 35 1 AD $ - ID $ - 30 $ ' 3O $ - AD 3 - Al 3 • 35 5 ' .35 3 - 30 5 - 40 5/50MYr.71. 0 )1.17 1 3437 $ 3637 S XVI 3 36.10 $ 3157 $ 731 $ 1430 $ 15.30 $ 3537 3 3637 $ 4537 bol ow 5 MO 3 5633 I 55503 1 400 1 3.w / $155 5 11126 $ 11501 1 5463 1 35353 $ 34.400 $ 55535 M•.., ./Meth 5 LOW 3 2600 1 1000 0 1000 5 1.600 S 0.000 $ 2W 1 L000 S 1000 3 LOW 0 6.03 $ 1.000 I0,.•t.d7.05.w0.Nona 1 0132 5 3132 1 1531 2 5117 0 5177 S 4312 0 4.320 1 1131 t 5162 1 1232 5 6132 2 5 232 Mlo.s.. S 5.330 $ 400 $ 4172 5 1.515 $ 1.550 1 4131 1 3.500 0 4132 3 4232 $ 4232 S 4172 $ 4.135 6MM•37.71135CRA$1 $ Wn $ 11377 5 9090 $ 0.677 1 W77 $ lain $ Wn $ 37.177 5 12177 5 11.10 6 nags $ WTI 3001 v_M,•e__- _. 5.12626 .__.__• lo.n005..5a. wob.4 600030050.04.. -WY.c347 0095.3 01.111,05 *335.0.1 ' bmeN ,My 05.0.4. p~5 meek :Now D10.0.05 P.0.45 .WY el c0eI$7 40.45 15561 4040 1606 4045 04423 KM µy 4$$ .S55A7 4050.__.- 3m 307 _ 10631 5145 15100 3345 540.11 14040 3637 111.40 5333 WO WT 1 -L6F4.31.37 124$ f13f. - -_.._k58. 6•423 131.23 4-10 3.140 667 57.11 7170 YN476•75 15.31 71.73 534047040___7040 _-. 11040110301 7540 365.71 74-10 11330 las ___._... ,,. _. __10031 21-.5 S.123 si.as 135.11 x540 111.Mi 5040 4040 ULU 3.tri 32S.O3l 13045 SMM 245 Om 3aa 1 1 1113 M-16157 771i. 4-r 748 EXHIBIT B z n 5 c O m44 04 n iijIh&tDrNE14thAve tore Dr R„,.r,l 6Dr Nv Ra 0 NE13thAve z SRd 0 NL'!12th Ave fo Z N'WY11thAve y NES1thAve c, Rader Rd It r Martn Luther Jr 6hrd 0 NS'!9th.Ave NE 9th Ave NE 9th Ave m r L- z a INCA'8th AveImam J v NE 8th Ave 4 nM 7 2 NE 7th Ave 6tf AveN NE 6th Ave J ZONE 2 (CITY) a 0 n IZONEI (CRA) I c a CD sift iiir.,m .. Nth'1st Ave Coconut Ln 111 Y ^^ E Ocean Ave Ocean Ridge 6. ;.' 2SW is:Ave SE1stAve `- n' 4” 9i Hudson Ayr Q I...-I 0. SW 2nd Ave .,.L.ti..•r• Q Si N s .,SW 4th Ave N 1 dill 11111114tiSW5thAve r.) o, 5th Ave gerSW5thLnw o(.-., SN16th Ave m Pr m is 4SW7thAvep0 C.'1,SW 8th Avc a m ma ilirliit.) E Harbour Dr,ySN'9th Avc a 41 IlirSW10thAveHarbourDr5 l io 'SW 11th Ave stitia Ln 12th Ave JD SW 12th Ave ra yera Dr v O o o' z':" av N ' 0 c raLWoolDright Rd E ••olbrrght Rd o Main 81.d ifit cn F.,South Blvd a Hersey Dr v. N High Point". = c High Point Blvd SE 20thCt m Z- Mg. ..MIPAIL Iv it M c Fa:m Dr Briny Breezes w SW 23rd Ave y Eagle Dr Iw+r 11 111111 749 EXHIBIT C E Boynton Beach Blvd 1 1•H9- F H I A R1-1i o III 1 All° STOP SIGN STOP SIGN STOP SIGN 24' 0 I 0 / I 0 / ESTOP SIGN Im ® To ® ® TAS 24'-I-20'-20'-I--24'-f-20'-20'-+-24'-4-20' 20.-4-24.--1--20.-1 I I J J L l L__ Isss9' TI —1— 1 1 I 4 Circuit I Z Designated EVm Parking Spaces — I i m ur II I T T T e-` T I . 25' 25' 25' 25' A R1-1 I 1 W/ /,/ W 7 R1-1 T 4-25' -i If 0 R1-1 Q R1-1 0 R1-1 0 STOP SIGN I STOP SIGN STOP SIGN STOP SIGN Q 24 NE 1st Ave Q AlI s. L..I © R1-1_••_••_••_••_••_•._••_.•_•• 7 1 1 STOP SIGN/ I II-20'-4-24'-1-20'—20'-4-24'-+20'-1 I I I I I I 9' 9' 9' i -r-1 r- I 0 24' Q 21iLt'b 750 EXHIBIT D The City shall promote the Services using Promotional Materials provided by the BBCRA, at no cost to the BBCRA, as follows: 1. Within one month of the Effective Date, the City shall: a. Send an email to every member of City staff concerning the availability of the Services; b. Make an announcement concerning the availability of the Services at a City Commission meeting; c. Share Promotional Materials on the City website, which shall remain on the City website for the term of the Agreement; d. Display Promotional Materials on the televisions at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City's regular rotation of content on such televisions; e. Display Promotional Materials displayed on digital marquees controlled by the City at least once daily for the term of the Agreement; and f. Display Promotional Materials on the digital kiosk(s) at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City's regular rotation of content on such kiosks. 2. Within three months Effective Date, the City shall: a. Share Promotional Materials at least once in all City newsletters (Sailfish Speaks, Economic Development, Recreation, and Library) and once in Funfare Magazine. In the event the City is not able to waive fees for including these Promotional Materials, the City may seek and is entitled to reimbursement from the BBCRA for the actual costs of including such Promotional Materials so long as the City receives the prior, written permission of the BBCRA to incur such costs; and b. Work with the BBCRA to create and include an insert in the City's utility invoices concerning the availability of the Services. 3. The City shall allow the BBCRA to: a. Install one 4x8 sign at City Hall and Oceanfront Park to market the Services; and b. Provide and display posters or postcards marketing the Services within City facilities, including City Hall, Cultural Center, Senior Center, Hester Center, and the Carolyn Sims Center concerning the Services. 4859-3315-2162,v. 1 751 RESOLUTION NO. R25-051 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE 5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH 6 AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 7 FOR FUNDING AN ON-DEMAND TRANSPORTATION SERVICES PILOT 8 PROGRAM EXTENDING THE INTERLOCAL AGREEMENT FOR ONE 9 YEAR; AND FOR ALL OTHER PURPOSES. 10 11 WHEREAS, the City of Boynton Beach Community Redevelopment Agency ("CRA") and 12 Circuit Transit, Inc. ("Contractor") entered into an agreement ("Circuit Agreement") for the 13 provision of on-demand transportation services; and 14 WHEREAS, pursuant to an amendment to the Circuit Agreement, the Circuit Agreement 15 may be extended for a period of one year and may be further extended pursuant to two (2)options 16 to extend for one year; and 17 WHEREAS, on March 5, 2024, the City of Boynton Beach ("City") and the CRA entered an 18 Interlocal Agreement for funding an on-demand transportation services pilot program, approved 19 by Resolution No. R24-041; and 20 WHEREAS, the Interlocal Agreement is set to terminate on March 5, 2025; and 21 WHEREAS, the City and CRA desire to extend the Interlocal Agreement for a one-year 22 term; and 23 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 24 best interests of the city's citizens and residents to approve the First Amendment to the Interlocal 25 Agreement between the City and CRA for funding an on-demand transportation services pilot 26 program extending the Interlocal Agreement for one year. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 29 BEACH, FLORIDA, THAT: 30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption. 32 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 33 approve a First Amendment to the Interlocal Agreement between the City and the CRA for funding 752 34 an on-demand transportation services pilot program extending the Interlocal Agreement for one 35 year (the "Amendment"), in form and substance similar to that attached as Exhibit A. 36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 37 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any 38 ancillary documents necessary to accomplish the purposes of this Resolution. 39 SECTION 4. Upon full execution of the Amendment, the Amendment shall be filed with 40 the Clerk of the Circuit Court of Palm Beach County, Florida, as required by Section 163.01(11), 41 Florida Statutes. 42 SECTION 5. This Resolution shall take effect in accordance with law. 43 44 PASSED AND ADOPTED this rell day of 1b 2025. J 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES/ NO 47 Mayor—Ty Penserga 48 49 Vice Mayor—Aimee Kelley 50 51 Commissioner—Angela Cruz 52 53 Commissioner—Woodrow L. Hay 54 55 Commissioner—Thomas Turkin 56 57 VOTE T U 58 ATT T: 59cia 60 1°e_.114111.4 61 Maylee DI Jess, MPA, MM cr N rga 62 City Clerk M or 63 64 g0YNTOAV`.% APPROVED AS TO FORM: 65 (Corporate Seal) p.. •• 6,%' 3( ATF• 9C>66 ISEAL \ 68 NCO...... ED? ; Shawna G. Lamb 920 69 City Attorney FLOR a 753 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM ("First Amendment") is entered into by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually a "Party" and collectively, the "Parties"). RECITALS WHEREAS, the CRA and Circuit Transit, Inc. ("Contractor") entered into an agreement ("Circuit Agreement") for the provision of on-demand transportation services; and WHEREAS, pursuant to an amendment to the Circuit Agreement, the Circuit Agreement may be extended for a period of one year, and may be further extended pursuant to two (2) options to extend for one year; and WHEREAS, the Parties entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM ("Agreement") on March 5, 2024, to allow the City to provide funding for a portion of such on-demand transportation services; and WHEREAS, the Agreement is set to terminate on March 5, 2025; and WHEREAS, the Parties desire to extend the termination date of the Agreement subject to the terms of this First Amendment. NOW THEREFORE, in consideration of the terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of where are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 4912-3947-2919,v. 1 754 2) Term of the Agreement. The term of the Agreement is hereby extended for an additional one year. 3) Extension. In the event the Circuit Agreement is extended pursuant to an option to extend, this Interlocal Agreement shall be extended by the Mayor of the City, and the Board Chair of the CRA, on behalf of their respective entities. The Mayor and Board Chair are hereby approved and authorized to execute extensions to the Agreement to effectuate this paragraph. 4) Termination. The Agreement shall automatically terminate upon the termination of the Circuit Agreement, or upon the expiration of its term, whichever is earlier. Either party may terminate this Agreement upon a vote by the City Commission or CRA Board, as applicable, to terminate this Agreement and 60 days' notice to the other party. 5) Effective Date of this Amendment. This First Amendment will become effective at the date and time that the last party signs below. 6) Agreement Unmodified. The Parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this First Amendment shall continue in full force and effect. 7) Execution. This First Amendment may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. IN WITNESS OF THE FOREGOING, the parties hereto have caused this First Amendment to be executed on the day and year written below. BOYNTON BEACH COMMUNITY Approved as to Form: REDEVELOPMENT AGENCY NToiv‘1.1. i Jill JU GTA Attorney q,y y serga, CRA Board'Chair SVALr v' CORpORAIED Approved as to Form: 't, •. 1820 •: ; CITY OF BOYNTON BEACH Ala7d By: A.-A:— ---- el/9/70 vr— City Attorney ser a, Mayof 4912-3947-2919,v. 1 755 756 757 ATTACHMENT 1 AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICE by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY and CIRCUIT TRANSIT, INC. 758                                    759                                                 760                                                761                                    762                                                763                                                 764                                              765                                        766                                                767                                               768                                             769                                               770                                                     771                                            772                                                      773                                            774            775           776                                                           777 City-Wide Micro-Transit Services 1 of 18 PROFESSIONAL SERVICES CONTRACT FOR OPERATION OF CITYWIDE MICRO-TRANSIT SERVICES THIS CONTRACT is being entered into this 1st day of July, 2023 (the “Effective Date”) by and between the City Of Hollywood (hereinafter the “City”), a municipal corporation of the State of Florida and Circuit Transit Inc. (hereinafter the “Company”), a corporation organized and existing under the laws of the State of Florida, having its principal office at 501 East Las Olas, Suite 300, Fort Lauderdale, Florida SECTION A – Contract Overview A-1 Summary of Contract (a)The subject matter of this Contract is to provide the vehicles, operate and manage a micro-transit service in the Service Area as defined in and Exhibits “A” (Scope of Work) and Exhibit “B” - RFP-045-23-SK- CITYWIDE MICRO-TRANSIT SERVICES, Exhibit “D” (Service Areas”), and Exhibit E, which sets forth the terms and conditions for the performance of services described herein, and the execution hereof by the parties hereto forms a legally binding contract. In the event of a conflict, the City’s RFP Documents shall prevail unless otherwise stated in this Contract. (b)The Contract type is: This is a Non-Exclusive Contract. (c)The following documents are hereby incorporated into this Contract: (i)Exhibit “A” – Statement of Work (ii)Exhibit “B” - RFP-045-23-SK - Citywide Micro-Transit Services (iii)Exhibit “C” - Company’s Proposal (iv)Exhibit “D” - Service Areas (v)Exhibit "E" - Pricing A-2 Contract Amount The Contract Amount shall not exceed $1,128,942.00 USD for the performance period. A-3 Performance Period (a)The performance period commences from Effective Date and continues for a period of 12 months. This Agreement may be renewed by the parties for three one-year periods upon mutual agreement of the parties and said renewal shall be in writing in accordance with Section D-13 of this Contract. SECTION B – Statement of Work B-1 Statement of Work (a)Services will be provided in accordance with the Statement of Work set forth in Exhibits “A” “B”, “C”, ”D” and “E”, SECTION C – Special Conditions C-1 Project Manager/Company Representative (a)The City designates Mark L. Johnson as the Project Manager for this Contract, who may be contacted at: mjohnson@hollywoodfl.org or (954) 921-3991 The City will provide written notice to the Company should there be a subsequent Project Manager change. The Project Manager will be the Company’s principal point of contact at the City regarding any matters relating to this Contract, will provide all general direction to the Company regarding Contract performance, and will provide guidance regarding the City’s goals and policies. The Project Manager is not authorized to waive or modify any material scope of work changes or terms of the Contract. (b)The Company designates Jason Bagley as the Company Representative for this Contract, who may be contacted at jason@ridecircuit.com The Company will provide written notice to the City should there be a subsequent Company                            EXHIBIT C: Piggybacked Agreement 778 City-Wide Micro-Transit Services 2 of 18 Representative change. The City has the right to assume that the Company Representative has full authority to act for the Company on all matters arising under or relating to this Contract. C-2 Pricing and Payment (a) Payment. Payment to the Company will be made only for the actual Services performed and accepted by the City, upon receipt of an invoice submitted in accordance with Section C-4, “Invoices”. (b) The City will pay the Company in accordance with the pricing set forth in Exhibit “E” – Pricing to this Contract. (a) Reimbursable Travel Expenses. There are no reimbursable travel expenses payable under this Contract. C-3 Pricing Revisions Costing adjustments shall be governed by Exhibit “B”, Section 1.70 and as set forth below: (a) For the term of this Contract, pricing may be revised for the reason(s) set forth below: ● Change in minimum wage ● Approved decision to add additional cars ● Approved decision to adjust the number of service hours ● Approved decision to add, adjust or modify additional services that increases costs for the Company (b) Each pricing revision permitted herein must be approved in writing by the Project Manager and, if approved, shall become effective thirty (30) days after notice of the change has been received by the City, or on such earlier or later date as may be agreed upon by the parties. However, any pricing changes will be governed by the City’s Purchasing Ordinance and dependent upon the revisions, City Commission approval may be required. (c) Any pricing revision permitted pursuant to this section may be delayed or denied if the Company fails to submit a timely request or fails to provide adequate documentation in support thereof. (d) Any approved pricing revision is not retroactive, and any invoice pending on the date of approval of the pricing revision shall be paid on the basis of the pricing in effect on the date services were provided. C-4 Invoices (a) The Company will submit a monthly detailed invoice to the City, in a format to be defined by the Project Manager as negotiated with Company. Each invoice shall contain the following information: (i) the date of the invoice and invoice number; (ii) the purchase order number; (iii) the Contract Item(s) according to Exhibit E – Pricing against which charges are made; and, (iv) performance dates covered by the invoice. (v) service credits offered from advertising dollars received by Company (vi) Net revenue credits received by the Company Upon reconciliation of all errors, corrections, credits, and disputes, payment to the Company will be made in full within 30 calendar days. Invoices received without a valid purchase order number will be returned unpaid. The Company shall submit the original invoice to: accountspayable@hollywoodfl.org or mail them to: City of Hollywood Accounts Payable, Room 119 P.O. Box 2229045 Hollywood, FL 33022-9045 (b) The Company shall forward a copy of the invoice to the Project Manager, with the following items:                            779 City-Wide Micro-Transit Services 3 of 18 (i) receipts for any Reimbursable Travel Expenses, if applicable, associated with the invoice; and (ii) copy of the applicable Deliverable associated with the invoice C-5 Insurance (a) The Company shall procure and maintain, at its own expense, during the entire term of the Contract, the insurance coverages as identified in Exhibit “B”, Section 3.17: (b) The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this contract. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this contract. The City must be provided a signed statement from insurance agency of record that the full policy contains no such exception. Submit certificates of insurance to: City of Hollywood Department of Development Services P.O. Box 2229045 Hollywood, FL 33022-9045 A certified, true and exact copy of each of the project specific insurance policies (including renewal policies) required under this Section C-5 shall be provided to the City if so requested. (c) The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer and licensed by the State of Florida and the company or companies must maintain a minimum rating of A-VII, as assigned by the A.M. Best Company. (d) If the Company fails to carry the required insurance, the City may (i) order the Company to stop further performance hereunder, declare the Company in breach, pursuant to Section C-6, terminate the Contract if the breach is not remedied and, if permitted, assess liquidated damages, or (ii) purchase replacement insurance and withhold the costs or premium payments made from the payments due to the Company or charge the replacement insurance costs back to the Company. (e) Any subcontractor or sub consultant approved by the City shall be required to procure, maintain and submit proof of insurance to the City of the same insurance requirements as specified above, and as required in this paragraph. (f) The Company is encouraged to purchase any additional insurance it deems necessary. (g) The Company is required to make its best efforts to remedy all injuries to persons and damage or loss to any property of the City caused in whole or in part by the Company, its subcontractors or anyone employed, directed or supervised by the Company. C-6 Warranty – Services The Company warrants that the services shall be performed in full conformity with this Contract and Exhibits “A” and “B”, with the professional skill and care that would be exercised by those who perform similar services in the commercial marketplace, and in accordance with accepted industry practice. In the event of a breach of this warranty, or in the event of non-performance or failure of the Company to perform the services in accordance with this Contract, the Company shall, at no cost to the City, re-perform or perform the services so that the services conform to the warranty. However, if Company fails to perform, City may terminate this Agreement with or without cause consistent with Exhibit “A”.                            780 City-Wide Micro-Transit Services 4 of 18 SECTION D – General Conditions D-1 Legal Notice (a) All legal notices required pursuant to the terms and conditions of this Contract shall be in writing unless an emergency situation dictates otherwise. Any notice required to be given under the terms of this Contract shall be deemed to have been given when (i) received by the party to whom it is directed by hand delivery or personal service, (ii) transmitted by facsimile with confirmation of transmission, (iii) transmitted by email with confirmation of receipt by addressee, or (iv) sent by U.S. mail via certified mail-return receipt requested at the following addresses: FOR THE CITY: Project Manager City of Hollywood 2600 Hollywood Blvd., Rm. 308 Hollywood, FL 33020 WITH A COPY TO: City Attorney City of Hollywood 2600 Hollywood Blvd., Rm. 407 Hollywood, FL 33020 FOR THE COMPANY: James Mirras Circuit Transit Inc. 501 East Las Olas Suite 300 Fort Lauderdale, FL 33301 (b) The parties shall provide written notification of any change in the information stated above. (c) An original signed copy, via U. S. Mail, shall follow facsimile transmissions. (d) For purposes of this Contract, legal notice shall be required for all matters involving potential termination actions, litigation, indemnification, and unresolved disputes. This does not preclude legal notice for any other actions having a material impact on the Contract. (e) Routine correspondence should be directed to the Project Manager or the Company Representative, as appropriate. D-2 Notice of Delay (a) If timely performance by the Company is jeopardized by the non-availability of City provided personnel, data, or equipment, the Company shall notify the City immediately in writing of the facts and circumstances causing such delay. Upon receipt of this notification, the City will advise the Company in writing of the action which will be taken to remedy the situation. (b) The Company shall advise the City in writing of an impending failure to meet established milestones or delivery dates based on the Company’s failure to perform. Notice shall be provided as soon as the Company is aware of the situation; however, such notice shall not relieve the Company from any existing obligations regarding performance or delivery. D-3 Termination for Convenience The City shall have the right at any time to terminate further performance of this Contract, in whole or in part, for any reason whatsoever (including no reason) within 120-days notice and as more specifically set forth in Exhibit “B”. Such termination shall be effected by written notice from the City to the Company specifying the extent and effective date of the termination. On the effective date of the termination, the Company shall terminate all work and take all reasonable actions to mitigate expenses. The Company shall submit a written request for incurred costs for services performed through the date of termination and shall provide any substantiating documentation requested by the City. In the event of such termination, the                            781 City-Wide Micro-Transit Services 5 of 18 City agrees to pay the Company within thirty (30) days after receipt of a correct, adequately documented written request. The City’s sole liability under this Section is for payment of costs for services requested by the City and actually performed by the Company. D-4 Event of Default (a) If, during the term of this Contract, the Company (i) fails to deliver services that comply with the specifications, (ii) fails to deliver the services within the time specified in in this Contract including Exhibit “A” (iii) fails to make progress so as to endanger the performance of this Contract, (iv) becomes insolvent, bankrupt or makes an assignment for the benefit of creditors, or if a receiver or trustee in bankruptcy is appointed for the Company, or if any proceeding in bankruptcy, receivership, or liquidation is instituted against the Company and is not dismissed within 30 days following commencement thereof, or (v) fails to perform any of the other obligation or requirement of this Contract, then any of the aforementioned failures shall constitute an “Event of Default” under this Contract. Events of Default shall also include those items set forth in Exhibit “B” specifically Section 1.63. (b) If there occurs an Event of Default, the Company shall be entitled to 10 calendar days from written notice thereof to remedy the Event of Default, provided, however, such is capable of being remedied within that period. If the Event of Default can be remedied, but the remedy cannot be completed within the ten-day period, the Company may be allowed such additional time as may be reasonably necessary to remedy the Event of Default, provided, however, the remedy is commenced within the 10 day period and is diligently pursued to completion. If the Event of Default is incapable of remediation, or is not remedied as required herein, the City may, in addition to any other remedies available in law or equity, invoke any of the remedies provided for under Section D-5, “Termination for Default”, below and as set forth in Exhibit “B” Section 1.64. D-5 Termination for Default (a) If the Event of Default is not remedied as required pursuant to Section D-4, “Event of Default”, the City may, by written notice to the Company pursuant to Section D-1, “Legal Notice”, terminate this Contract in whole or in part. (b) If this Contract is terminated in whole or in part because the Company has failed to provide services in compliance with the specifications by the deadline of remediation period, the City may acquire, under reasonable terms and in a manner it considers appropriate, replacement goods that are comparable to the services that the Company failed to deliver to the City, and the Company shall be liable to the City for any excess costs related thereto. If the City terminates this Contract only in part, the Company shall continue to perform the un-terminated obligations or portions of this Contract. (c) Force Majeure. This Contract shall be governed by the Force Majeure provision in Exhibit “B”, Section 7.34. (d) The City retains the right to terminate for default immediately if the Company fails to maintain the required levels of insurance, fails to comply with applicable local, state, and Federal statutes governing performance of these services, or fails to comply with statutes involving health or safety. D-6 Limitation of Funding Company acknowledges that the obligation of City to pay Company is limited to the availability of funds appropriated in a current fiscal year period, and continuation of Contract into a subsequent fiscal year is subject to the appropriation of funds, unless otherwise authorized by law. The City reserves the right to reduce estimated or actual quantities, in whatever amount necessary, without prejudice or liability to the City, if funding is not available or if legal restrictions are placed upon the expenditure of monies for the services required under this Contract. In the event of a decrease or limitation in funding the Company reserves the right to reduce service levels or suspend service as needed. D-7 Changes – Fixed-Price Goods or Services (a) The City may at any time, , and without notice to the sureties, if any, request changes within the general scope of this Contract in any one or more of the following: (i) Description of services to be performed or goods to be provided including types of vehicles and number of vehicles. (ii) Time of performance (i.e., hours of the day, days of the week, etc.). (iii) Place of performance of the services.                            782 City-Wide Micro-Transit Services 6 of 18 (iv) Time or place of delivery of goods (b) Upon written mutual agreement, Company and the City will determine the appropriate adjustment(s) to the services. (c) Any change to the cost of services will be based upon the schedule in Exhibit E: Pricing as determined by types of vehicles, number of vehicles and operating hours. (d) The Company must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order; however, if the City decides that the facts justify, the City may receive and act upon a proposal submitted before final payment of the Contract. (e) If the mutually agreed adjustment includes the cost of property made obsolete or excess by the change, the City shall have the right to prescribe the manner of the disposition of the property. (f) The Company shall provide current, complete, and accurate documentation to the City in support of any request for equitable adjustment. Failure to provide adequate documentation, within a reasonable time after a request from the City, will be deemed a waiver of the Company’s right to dispute the equitable adjustment proposed by the City, where such equitable adjustment has a reasonable basis at the time it is determined by the City. D-8 Entire Contract, Section and Paragraph Headings (a) This Contract, including all Exhibits, represents the entire and integrated agreement between the City and the Company. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Contract. (b) The section and paragraph headings appearing in this Contract are inserted for the purpose of convenience and ready reference. They do not purport to define, limit or extend the scope or intent of the language of the sections and paragraphs to which they pertain. D-9 Severability The invalidity, illegality, or unenforceability of any provision of this Contract or the occurrence of any event rendering any portion or provision of this Contract void shall in no way affect the validity or enforceability of any other portion or provision of this Contract. Any void provision shall be deemed severed from this Contract, and the balance of this Contract shall be construed and enforced as if this Contract did not contain the particular portion or provision held to be void. The parties further agree to amend this Contract 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 clause shall not prevent this entire Contract from being void should a provision which is of the essence of this Contract be determined void. D-10 Waiver Waiver of any of the terms of this Contract shall not be valid unless it is in writing signed by each party. The failure of the City to enforce any of the provisions of this Contract, or to require performance of any of the provisions herein, shall not in any way be construed as a waiver of such provisions or to affect the validity of any part of this Contract, or to affect the right of the City to thereafter enforce each and every provision of this Contract. Waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach of this Contract. D-11 Modification/Amendment This Contract shall not be modified or amended except by the express written agreement of the parties, signed by a duly authorized representative for each party. Any other attempt to modify or amend this Contract shall be null and void and may not be relied upon by either party. D-12 Assignment Neither party may assign their rights nor delegate their duties under this Contract without the written consent of the other party. Such consent shall not be withheld unreasonably. Any assignment or delegation shall not relieve any party of its obligations under this Contract. D-13 Indemnification In addition to the insurance requirements set forth in Section C-5, “Insurance”, the Company shall protect, indemnify and hold harmless the City, its officers, employees, agents, and consultants (collectively herein the “City”) from any and all                            783 City-Wide Micro-Transit Services 7 of 18 claims, liabilities, damages, losses, suits, actions, decrees, and judgments including, attorney's fees, court costs or other expenses of any and every kind or character (collectively herein the “Liabilities”) which may be recovered from or sought against the City, as a result of, by reason of, or as a consequence of, any intentional, wrongful or negligent act or omission, on the part of the Company, its officers, employees, or agents in the performance of the terms, conditions and covenants of the Contract, regardless of whether the Liabilities were caused in part by the City. This provision includes the indemnity requirements set forth in Exhibit “A”, Section 1.46. The provisions and obligations under this section shall survive the expiration or earlier termination of this Agreement. Nothing in this Contract shall be construed to affect in any way the City’s rights, privileges, and immunities under the doctrine of “sovereign immunity” and as set forth in Section 768.28, Florida Statutes. It is expressly agreed that the Company shall defend the City against the Liabilities and in the event that the Company fails to do so, the City shall have the right, but not the obligation, to defend the same and to charge all direct and incidental costs, including attorney’s fees and court costs, to the Company. D-14 Patent Indemnity The Company hereby indemnifies and shall defend and hold harmless the City and its representatives respectively from and against all claims, losses, costs, damages, and expenses, including attorney’s fees, incurred by City and its representatives, respectively, as a result of or in connection with any claims or actions based upon infringement or alleged infringement of any patent and arising out of the use of the equipment or materials furnished under the contract by the Company, or out of the processes or actions employed by, or on behalf of the Company in connection with the performance of the Contract. The Company shall, at its sole expense, promptly defend against any such claim or action unless directed otherwise by the City or its representative; provided that the City or its representatives shall have notified the Company upon becoming aware of such claims or actions and provided further that the Company’s aforementioned obligations shall not apply to equipment, materials, or processes furnished or specified by the City or its representatives. Said Patent Indemnity includes the provisions set forth in Exhibit “B”, Section 7.47, Patent and Copyright Indemnification. D-15 Audit of Records (a) In addition to the Audit requirements set forth below, the parties shall be governed by the Audit requirements set forth in Exhibit “B”, Section 7.28, Audit Rights. (b) The Company agrees to maintain the financial books and records (including supporting documentation) pertaining to the performance of this Contract according to standard accounting principles and procedures. The books and records shall be maintained for a period of three years after completion of this Contract, except that books and records which are the subject of an audit finding shall be retained for three years after such finding has been resolved. If the Company goes out of business, the Company shall forward the books and records to the City to be retained by the City for the period of time required herein. (c) The City or its designated representative(s) shall have the right to inspect and audit (including the right to copy and/or transcribe) the books and records of the Company pertaining to the performance of this Contract during normal business hours. The City will provide prior written notice to the Company of the audit and inspection. If the books and records are not located within Broward County, the Company agrees to deliver them to the City, or to an address designated by the City within Broward County. In lieu of such delivery, the Company may elect to reimburse the City for the cost of travel (including transportation, lodging, meals and other related expenses) to inspect and audit the books and records at the Company’s office. If the books and records provided to the City are incomplete, the Company agrees to remedy the deficiency after written notice thereof from the City, and to reimburse the City for any additional costs associated therewith including, without limitation, having to revisit the Company's office. The Company's failure to remedy the deficiency shall constitute a material breach of this Contract. The City shall be entitled to its costs and reasonable attorney fees in enforcing the provisions of this Section. (d) If at any time during the term of this Contract, or at any time after the expiration or termination of the Contract, the City or the City’s designated representative(s) find the dollar liability is less than payments made by the City to the Company, the Company agrees that the difference shall be either: (i) repaid immediately by the Company to the City or (ii) at the City’s option, credited against any future billings due the Company. D-16 Confidentiality – City Information (a) The parties acknowledge that this Contract is subject to Chapter 119, Florida Statutes, entitled the “Public Records Act”.                            784 City-Wide Micro-Transit Services 8 of 18 (b) All information, including but not limited to, oral statements, computer files, databases, and other material or data supplied to the Company is confidential and privileged. The Company shall not disclose this information, nor allow to it be disclosed to any person or entity without the express prior written consent of the City. The Company shall have the right to use any such confidential information only for the purpose of providing the services under this Contract, unless the express prior, written consent of the City is obtained. Upon request by the City, the Company shall promptly return to the City all confidential information supplied by the City, together with all copies and extracts. (c) The confidentiality requirements shall not apply where (i) the information is, at the time of disclosure by the City, then in the public domain; (ii) the information is known to the Company prior to obtaining the same from the City; (iii) the information is obtained by the Company from a third party who did not receive the same directly or indirectly from the City; or (iv) the information is subpoenaed by court order or other legal process, but in such event, the Company shall notify the City. In such event the City, in its sole discretion, may seek to quash such demand. (d) The obligations of confidentiality shall survive the termination of this Contract. D-17 Marketing Restrictions The Company may not publish or sell any information from or about this Contract without the prior written consent of the City. This restriction does not apply to the use of the City’s name in a general list of customers, so long as the list does not represent an express or implied endorsement of the Company or its services. This restriction does not apply to general marketing of the services to promote and inform the public about the services. D-18 Taxes/Compliance with Laws (a) The Company, in the performance of the obligations of this Contract, shall comply with all applicable laws, rules and regulations of all governmental authorities having jurisdiction over the performance of this Contract including, but not limited to, the Federal Occupational Safety and Health Act. D-19 Licenses/Registrations During the entire performance period of this Contract, the Company shall maintain all federal, state, and local licenses, certifications and registrations applicable to the work performed under this Contract, including maintaining an active City of Hollywood business license if required. D-20 Non-Discrimination and Fair Employment Practices (a) Discrimination: The City of Hollywood is committed to promoting full and equal business opportunity for all persons doing business in Hollywood. The Company acknowledges that the City has an obligation to ensure that public funds are not used to subsidize private discrimination. Company recognizes that if the Company or their subcontractors or subconsultants are found guilty by an appropriate authority of refusing to hire or do business with an individual or company due to reasons of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other legally protected status; City may declare the Company in breach of contract and terminate Contract. (b) Fair Employment Practices: In connection with the performance of work under this Contract, the Company agrees not to discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other legally protected status. Such agreement shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (c) The Company further agrees to insert this provision in all subcontracts hereunder. Any violation of such provision by a Company shall constitute a material breach of this Contract. D-21 Employment of Unauthorized Aliens In accordance with the Immigration Reform and Control Act of 1986, the Company agrees that it will not employ unauthorized aliens in the performance of this Contract. D-22 Conforming Services                            785 City-Wide Micro-Transit Services 9 of 18 The services performed under this Contract shall conform in all respects with the requirements set forth in this Contract. The Company shall furnish the City with sufficient data and information needed to determine if the services performed conform to all the requirements of this Contract. D-23 Independent Contractor In the performance of services under this Contract, the Company and any other person employed by it shall be deemed to be an independent contractor and not an agent or employee of the City. The Company shall be liable for the actions of any person, organization or corporation with which it subcontracts to fulfill this Contract. The City shall hold the Company as the sole responsible party for the performance of this Contract. The Company shall maintain complete control over its employees and all of its subcontractors. Nothing contained in this contract or any subcontract awarded by the Company shall create a partnership, joint venture or agency with the City. Neither party shall have the right to obligate or bind the other party in any manner to any third party. D-24 Official, Agent and Employees of the City Not Personally Liable It is agreed by and between the parties of this Contract, that in no event shall any official, officer, employee, or agent of the City in any way be personally liable or responsible for any covenant or agreement therein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this Contract. D-25 Public Records The City is a public agency as defined by state law and is governed by Chapter 119, Florida Statutes, “Public Records Act”. The City’s Records are public records, which are subject to inspection and copying by any person (unless declared by law to be confidential). The following provisions are required by Section 119.0701, Florida Statutes, and may not be amended. Company shall comply with the public records law. Company shall keep and maintain public records required by the City in the performance of services under this Contract. Upon request from City’s custodian of records, Company shall provide City with a copy of any requested public records or to allow the requested public records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Company shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract’s term and following completion of the Contract if Company does not transfer the public records to City. Upon completion of the Contract, Company shall transfer, at no cost, to City, all public records in its possession or keep and maintain public records required by City to perform the services required under this Contract. If Company transfers all of the public records to City upon completion of the Contract, Company shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Company keeps and maintains public records upon completion of the Contract, Company shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the city’s custodian of public records, in a format that is compatible with the information technology systems of the City. IF A PARTY TO THIS CONTRACT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT PATRICIA A. CERNY, CITY CLERK CUSTODIAN OF PUBLIC RECORDS AT (954) 921-3211, PCERNY@HOLLYWOODFL.ORG, 2600 HOLLYWOOD BLVD., HOLLYWOOD, FLORIDA 33020 AND STEVE STUART DIRECTOR OF PROCUREMENT AT (954) 921-3628 SSTEWART@HOLLYWOODFL.ORG. D-26 Use By Other Government Entities A governing body or its authorized representative and the State of Florida may join or use the contracts of local governments located within or outside this State with the authorization of the contracting vendor. It is understood and agreed by Company and the City that any governmental entity may purchase the services specified herein in accordance with the prices, terms, and conditions of this Agreement. It is also understood and agreed that each local entity will establish its own contract with Company, be invoiced therefrom and make its own payments to Company in accordance with the terms of the contract established between the new governmental entity and Company. In the event the Company allows another governmental entity to join the Contract, it is expressly understood that the City shall in no way be liable for the obligations of the joining governmental entity.                            786 City-Wide Micro-Transit Services 10 of 18 D-27 Governing Law This Contract, including appendices and Exhibits, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence or otherwise), shall be governed by, and construed in accordance with, the laws of the State of Florida. This shall apply notwithstanding such factors which include, but are not limited to, the place where the contract is entered into, the place where the accident occurs and notwithstanding application of conflicts of law principles. The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. D-28 Counterpart Signatures This Contract may be executed in counterparts. All such counterparts will constitute the same contract and the signature of any party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by facsimile or e-mail and upon receipt will be deemed originals and binding upon the parties hereto, regardless of whether originals are delivered thereafter. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives. CITY OF HOLLYWOOD COMPANY Name, Title Name, Title Date ATTEST: Date APPROVED AS TO FORM: Name, Title Date                                   787 City-Wide Micro-Transit Services 11 of 18 EXHIBIT A – STATEMENT OF WORK Company to develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) in the areas identified in Exhibit D The Service will have the ability to be on demand and include smart stops as specified in this Statement of Work The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate throughout downtown Hollywood, the Beach, and portions of West Hollywood. The Service shall: ● Operate in two micro-transit zones (MTZ-1/MTZ-2), covering approximate 4.6 square miles of coverage area, and provide on-demand service as illustrated in Exhibit D. ● Operate a 6-month on-demand pilot test (MTZ-3), covering approximately 1.97 square miles of coverage area as illustrated in Exhibit D. ● Operate a Pilot Fixed Route service between designated pick-up locations within Hollywood West and designated Beach/Downtown locations using a E-van from MTZ-1 as illustrated in Exhibit D ● Ability to supplement any part of the service with a fixed route if deemed necessary through data and public needs. ● Hours of operation and headways are to be initially proposed by Company until the level of demand is identified after a few months of operation and data collection. ● Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. ● Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. ● Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. ● Feature a mobile application downloadable from both the Apple Store and Google Play Store with which will have the ability to charge a fee for service via a secured credit card payment system. ● Feature a mobile application where the user will be able to locate his or her position and contact the next approaching vehicle with approximate wait times. ● Provide a dedicated phone line so that users can call and request assistance. ● System will be operational within 45 days from Notice to Proceed to include vehicle procurement, financial operating plan, sufficient liability coverage and mobile application. Service will be adjusted based upon needs identified from six months of data and the availability of funds. Once six months of data is received and analyzed per Data Reporting requirements in Section 1.9, b. the City and Company shall meet and negotiate terms for the year two renewal period. Ridership, service levels, service area, number of vehicles, ad revenue, fare revenue and overall contract performance will be determining factors in determining if service will remain the same or expand based on ridership demand. 1.1 Mobile Application a. Company to provide a mobile application which allows riders to request pick up and drop off locations. b. Ability to allow the user to connect from one mirco-transit zone to another (MTZ-2 and MTZ-3 will be combined into a single zone for the purpose of the pilot test) c. At no cost to the City, maintain updates to the application and be compatible to smart phones and other mobile devices. d. Provide ability to charge a fee per rider and issue discounts via promo-codes. e. Provide users with approximate time until pick up. f. Allow users to rate drivers and provide feedback. g. Feature a Google Maps based map (or equivalent) that identifies the boundaries of each Service Area. h. After a ride request has been accepted by a driver, depict the real-time location of vehicles on a map of the appropriate Service Area. i. Ability to track party and usage data. 1.2 Marketing and Branding a. In coordination with the City of Hollywood, the Company will develop and implement a branding strategy. Company will not implement any branding strategy without prior written approval from the City. Any changes to the branding strategy must be approved in writing by the City prior to implementation. b. Company to develop and implement a marketing program to promote awareness of the program. The City will have the right to request changes to the marketing program.                            788 City-Wide Micro-Transit Services 12 of 18 c. The City retains the right to review marketing materials prior to use and request changes or withdrawal of any marketing materials. 1.3 Vehicles and Infrastructure a. Company to procure, store, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. i. Fleet Size. Unless the parties agree otherwise, Company will acquire and operate at its own expense no fewer than 8 GEM vehicles (includes one ADA accessible GEM on standby), 2 EV Vans (1 ADA Accessible), and 1 EV Sedan as part of this Service. Company to maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. b. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. c. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Contract, Company may include but is not limited to branding to all wheels, hoods, front panels, coping, roof and rear fenders unless otherwise approved by the City. ii. Company to develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the City. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Contract, unless otherwise approved by the City. d. Licensing. Company to obtain and maintain proper licensing and registration of all vehicles at all times. e. Charging. The City will make available to the Company, City owned charging stations for vehicles although the City cannot ensure the availability of charging stations to service all vehicles in the fleet to satisfy the levels of service required by this Contract. Company to ensure charging stations are available to adequately service all vehicles in the fleet to satisfy the levels of service required by this Contract. f. Storing. The City will provide parking and operation space in a City-owned parking facility. Company will be responsible for storing and securing vehicles during times of non-operation. g. Maintenance and replacement. At Company’s sole cost, Company to maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. Vehicles to be free of graffiti, vandalism, defacement and other damage to the satisfaction of the City. Company will replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations or it is no longer able to be maintained in accordance with the requirements of this Contract. Company to use its best efforts to restore non-operational vehicles to operation within 10 business days from the date of any incident requiring the vehicle to be removed from operation. Company to provide verbal and written notice of the City of any delay in restoring a non- operational vehicle that extends beyond ten (10) business days from the date of malfunction. If the city determines that any such delay is due to Company’s lack of diligence the City will have the right to pursue any remedy provided for in this Contract or at law or equity. 1.4 Staffing a. General. Company to provide sufficient staffing to maintain levels of service required by this Contract. All persons provide services pursuant to this Contract will be employees, contractors or consultants hired by the Company. Company is solely responsible for all staffing decisions made pursuant to this Contract. b. Drivers. Company to obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Company will not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Company will not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Company to review each driver’s driving and criminal records at least annually. c. Company to provide Living Wage and tips. 1.5 Attaining and Maintaining Levels of Service (LOS) a. General. Company to provide an LOS that meets customer demands at all times of Service operations.                            789 City-Wide Micro-Transit Services 13 of 18 b. Service Level review. Company and City to meet at least annually to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. 1.6 Trip Sharing a. The Services may permit drivers to transport more than one (1) party but no more than Five (5) parties in GEM vehicles, Three (3) parties in an E-Sedan, and Twelve (12) parties in the E-van, and Eight (8) parties in the ADA E-van simultaneously under the following conditions: i. Each passenger has a separate seatbelt. ii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. 1.7 Operational Requirements a. Company and all its employees, officers, managers, staff, subcontractors and subconsultants will comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Contract including but not limited to all laws and regulations regarding the safe operation of vehicles. Company to prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. b. Company must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Transportation Authority. Company is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. c. Company to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. d. Company and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. e. Company is permitted to establish reasonable restrictions on the provision of services to non-service animals. 1.8 Operating Hours a. Company to provide the Service for 11 hours per day, seven days (7) days per week for MTZ Zone 1 b. Company to provide the Service for 8 hours per day, seven (7) days per week for MTZ Zone 2 c. Company to provide the Service for 8 hours per day, seven (7) days per week, for 6 months for MTZ Pilot Zone 3 d. Company to remove 1 EV-van from service in MTZ-1 to provide Fixed Route Service 2 days per week for a period of 6 months between established pick-up/drop off locations within MTZ 2 & 3 and the Hollywood Historic Downtown and the Beach area. e. After the Data Review, hours of operation may be adjusted as mutually agreed upon in writing by the parties. 1.9 Levels of Service Reporting a. Company to provide the city with monthly, quarterly and annual level of service and operations/financial reports for each micro-transit zone. Upon request, Company will provide the City with weekly level of service reports for each micro-transit zone. b. Data Reports to include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received on a daily, weekly and monthly basis. c. Quarterly Reports d. Annual Reports                            790 City-Wide Micro-Transit Services 14 of 18 1.10 Operational/Financial Report within thirty (30) days after each month, quarter and year, as applicable Company to submit to City Operational/Financial Reports containing the following information: a. Annual budget b. Annual and monthly financial information include revenue generated (including advertisement sales and miscellaneous revenue), expenses and capital resources. 1.11 Advertisement Sales a. Company shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Advertising Revenue in the amount of $115,100.00 shall be guaranteed annually (Annual Guaranteed Amount). All Advertising Revenue collected by the Company above the Annual Guaranteed Amount will belong to the Company. Company shall credit the City’s monthly invoices for each MTZ with a prorated portion of the Annual Guaranteed Amount as shown in Exhibit E (Pricing). 1.12 Ridership Fares a. Company shall collect ridership fares for the services. b. Company shall credit the City’s monthly invoice for each micro-transit zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. c. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less all costs and expenses, including but not limited to sales taxes or other taxes imposed by law, Company administrative expenses, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Company will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations.                            791 City-Wide Micro-Transit Services 15 of 18 EXHIBIT B – RFP-045-23-SK - Citywide Micro-Transit Services                            792 REQUEST FOR PROPOSAL RFP-045-23-SK CITYWIDE MICRO-TRANSIT SERVICES FOR THE CITY OF HOLLYWOOD, FLORIDA (CITY) RFP Issue Date: February 1, 2023 Questions Due Date: February 22, 2023 Submittal Due Date: March 9, 2023, 3:00 pm                            793 City of Hollywood RFP-045-23-SK CITYWIDE MICRO-TRANSIT SERVICES TABLE OF CONTENTS I. SUMMARY ............................................................................................................ II. INTRODUCTION ................................................................................................... III. SPECIAL TERMS AND CONDITIONS .................................................................. IV. SCOPE OF SERVICE ........................................................................................... V. EVALUATION CRITERIA ...................................................................................... VI. EVALUATION COMMITTEE ................................................................................. VII. GENERAL TERMS AND CONDITIONS ................................................................ VIII. PROPOSAL SUBMISSIONS ................................................................................. Attachments: A - EXHIBIT A - CSP_Routes_and_Schedules B - Exhibit B-MTZ_Zones C - Exhibit C-Pricing                            794 3 1. SUMMARY 1.1. Summary The City is seeking shared public sector transit services that offer dynamically allocated routes and schedules in response to individual or aggregate consumer demand, using smaller vehicles and capitalizing on mobile GPS and internet connectivity. The City has successfully funded the operation of a micro-transit service in the downtown and A1A corridor for the last 4 years. The micro transit services have been well accepted with increasing ridership. The Current contract is set to expire and would like the opportunity to solicit new proposals that would complement a new community shuttle service as well as expansion of the service to other areas of the City, especially west of I-95. The goal of the micro-transit service will be to transition paratransit customers by transporting them in a less expensive manner to a fixed route transfer point and/or address areas in the City with high concentrations of older and low-income residents who need access to transit. Any rider fees will be determined by the City and 100% of all net proceeds from fees generated by riders will be returned to the City in the form of a credit to each monthly invoice. The City has the right to audit the Contractor’s collection of fees. The successful Vendor/Contractor will have demonstrated demand response experience particularly in areas with no existing service. The Contractor will own or have access to a fleet of environmentally friendly and sustainable vehicles that include fully accessible minibuses with capacity between 12 and 28 passengers. Vehicles should be small enough for energy efficiency, but large enough to handle occasional larger demands (schools, employment centers, transfer stations). Smaller low speed electric vehicles may be used on smaller streets and more acceptable neighborhoods. The strategic objective of this initiative is to identify and implement a sustainable micro -transit system that moves people to and from their destination. Another strategic objective is that over time this program will transition to being fully supported by the business community in Hollywood, Hollywood Beach, and the surrounding area. 1.2. Background Currently the City plans to operate a Community Shuttle System with three fixed routes (Northwest Loop - City Hall to N. Beach Park, A1A Loop - N. Beach Park to E Hallandale Blvd. and a Southeast Loop - City Hall to Pembroke Rd.) The fixed route system is expected to be operational by mid-2023 and will provide public transportation service to improve mobility, and ease parking demand and traffic congestion. This service is funded by Broward County Transit. In addition, there are Broward County buses, routes #1, 4, 7, 9 and US1 Breeze, providing services on a daily basis. 1.3. Contact Information Simone Knight Senior Purchasing Agent Email: sknight@hollywoodfl.org Phone: (954) 921-3200                            795 4 Department: Development Services (Engineering, Building, Code Compliance, Community Development and Planning) 1.4. Timeline Release Project Date February 1, 2023 Pre-Proposal Meeting (Non- Mandatory) February 9, 2023, 10:00am Join from the meeting link https://cohfl.webex.com/cohfl/j.phpMTID=m6cb a791171165ad4ecd518f286c6c012 OR Join by meeting number Meeting number (access code): 2633 159 9680 Meeting password: 9PEjbnnYC32 OR Join from a mobile device (attendees only) +1-408-418-9388 Meeting number (access code) 2633 159 9680 Question Submission Deadline February 22, 2023, 5:00pm Proposal Submission Deadline March 9, 2023, 3:00pm                            796 5 2. INTRODUCTION 2.1. Purpose The City of Hollywood, Florida (City) is seeking responses from qualified and experienced firms, hereinafter referred to as the Contractor or Proposer, to provide Micro -transit rider services for the City, in accordance with the terms, conditions, and specifications contained in this solicitation. Responses to this solicitation are due by Thursday, March 9, 2023 at 3:00 pm, and will be opened in a virtual public setting on March 1, 2023 at 4:00PM (EST) at https://cohfl.webex.com/cohfl/j.php?MTID=m2fa08f6728891bc5bc2d389b3a3e4290 . Submittals shall be received electronically through OpenGov Procurement. Hard copy submittals will not be accepted. Submittals shall be considered an offer on the part of the bidder/proposer, which offer shall be deemed accepted upon approval of the City, and in case of default, the City reserves the right to accept or reject any or all bids/proposals, to waive irregularities and technicalities, and request new bids/proposals. The City also reserves the right to award any resulting agreement as it deems will best serve the interests of the city. 2.2. Pre-Proposal Conference and/or Site Visit (Non-Mandatory) There will be a non-mandatory pre-proposal conference and/or site visit scheduled for this solicitation. Attendance is required if the event is mandatory, and in the event that it is non- mandatory, it is strongly suggested that all Contractors attend the pre-proposal conference and/or site visit to receive information that may be critical to their understanding of this solicitation. Please keep in mind that site visits at other times might not be available. It is the sole responsibility of the Contractor to become familiar with the scope of the City’s requirements prior to submitting a proposal. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. 2.3. OpenGov The City of Hollywood uses Opengov, the e-Procurement Portal (“Portal”) (https://procurement.opengov.com/portal/hollywoodfl/projects/36720) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended decision. The City shall not be responsible for a Proposer’s inability to submit a proposal by the proposal end date and time for any reason, including issues arising from the use of OpenGov. 2.4. Point of Contact For information concerning procedures for responding to this solicitation, contact the Point of Contact within the Office of Procurement Services, Simone Knight, Senior Purchasing Agent at sknight@hollywoodfl.org or by phone at (954) 921-3200, or Steve Stewart, Chief Procurement Officer (CPO), at sstewart@hollywoodfl.org or by phone at (954) 921-3232. Such contact is to be for clarification purposes only. All questions must be submitted in writing via the Portal by Wednesday, February 22, 2023, by 5:00 pm, in order to receive a timely response.                            797 6 Project Manager: Solange Baquero, Administrative Specialist II, at dbaquero- meza@hollywoodfl.org or by phones at (954) 921-3900 Ext: 6641. For information concerning technical specifications, please utilize the question and answer feature provided by the Portal at https://procurement.opengov.com/portal/hollywoodfl. Questions of a material nature must be received prior to the cut-off date specified in the solicitation schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of the the Project Page). Proposers please note: No part of your proposal can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire proposal response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in the Portal shall become part of any contract that is c reated from this solicitation. It is the sole responsibility of the Proposer to ensure that their proposal is submitted electronically through the Portal. 2.5. Cone of Silence The City of Hollywood City Commission adopted Ordinance No. O-2007-05, which created Section 30.15(F) imposing a Cone of Silence for certain City purchases of goods and Services. The Cone of Silence refers to limits on communications held between vendors and vendor’s representatives and City elected officials, management and staff during the period in which a Formal Solicitation is open. The Ordinance does allow potential vendors or vendor’s representatives to communicate with designated employees for the limited purpose of seeking clarification or additional information. The names and contact information of those employees that may be contacted for clarification or additional information are included in the solicitation. The Cone of Silence does not prohibit a vendor or vendor’s representative from communicating verbally, or in writing with the City Manager, the City Manager’s designee, the City Attorney or the City Attorney’s designee on those procurement items to be considered by the City Commission. The Cone of Silence does not prohibit a vendor or vendor’s representative from making public presentations at a duly noticed pre-proposal conference or duly noticed evaluation committee meeting or from communicating with the City Commission during a duly noticed public meeting. The Cone of Silence shall be imposed when a formal competitive solicitation has been issued and shall remain in effect until an award is made, a contract is approved, or the City Commission takes any other action which ends the solicitation. To view the Cone of Silence, go to the City of Hollywood Code of Ordinance online, and view Section 30.15F. All communications regarding this solicitation should be sent in writing to the Procurement Services Division as identified in this solicitation.                            798 7 3. SPECIAL TERMS AND CONDITIONS 3.1. Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the Point of Contact utilizing the question and answer feature provided by the Portal and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed or the solicitation process will be answered within the question and answer feature provided by the Portal and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by an official written addendum issued by the City and uploaded to the Portal as a separate addendum to the solicitation. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 3.2. Changes and Alterations Proposer may change or withdraw a proposal at any time prior to proposal submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the proposal deadline. 3.3. Proposer’s Costs The City shall not be liable for any costs incurred by Proposers in responding to this solicitation. 3.4. Pricing/Delivery All pricing must include delivery and installation and be quoted FOB: Destination, unless specified otherwise in #SCOPE OF SERVICE section . 3.5. Price Validity Prices provided in this solicitation shall be valid for at least One-Hundred and Twenty (120) days from time of solicitation opening unless otherwise extended and agreed upon by the City and Proposer. 3.6. No Exclusive Contract Proposer agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City’s sole option. 3.7. Responsive In order to be considered responsive to the solicitation, the firm’s proposal shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance.                            799 8 3.8. Responsible In order to be considered as a responsible firm, firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 3.9. Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Proposer must demonstrate that they have successfully completed services, as specified in the #SCOPE OF SERVICE section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed (if required) to perform such work. In addition, the Proposer must have no conflict of interest with regard to any other work performed by the Proposer for the City. 3.10. Award of Contract Award may be in the aggregate, or by line Item, or by group, whichever is determined to be in the best interest of the City. Award will be made to the responsive and responsible Proposer, quoting the lowest price, for that product/service that will best serve the needs of the City. The City also reserves the right to accept or reject any or all proposals, part of proposals, and to waive minor irregularities or variations to specifications contained in proposals, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. 3.11. Manufacturer/Brand/Model Specific Request This is a manufacturer/brand/model specification. No substitutions will be allowed unless specified in the #SCOPE OF SERVICE section. 3.12. Contract Period The initial contract term shall commence upon date of award by the City for a one (1) year term. The City reserves the right to renew the contract for three additional one-year terms, providing all terms, conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 120 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 3.13. Warranties of Usage Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise.                            800 9 3.14. Rules and Submittals of Proposals The signer of the proposal must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person(s), company or parties submitting a proposal; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the proposal has full authority to bind the principal proposer. 3.15. Conflict of Interests Prohibited Any respondent submitting a response to this solicitation is responsible for being aware of, and complying with Section 34.02 of the City Code of Ordinances. If you have questions concerning whether you may or may not need to comply with the ordinance, please contact the City of Hollywood, City Clerk’s Office at 954-921-3211. 3.16. Protest Procedure Any respondent who is not recommended for award of a contract and who alleges a failure by the City to follow the City’s Procurement Code or any applicable law may protest to the CPO, by delivering a letter of protest to the CPO in accordance with Section 38.52 of the City’s Procurement Code within five days after a notice of intent to award is posted on the City’s web site, BIDSYNC, City Clerk’s Office, Open Government, and/or City’s Sunshine Board (https://www.hollywoodfl.org/Archive.aspx?AMID=140). 3.17. Insurance Requirements Contractor shall maintain, at its sole expense, during the term of this agreement the following insurances: A. Commercial General Liability Insurance naming the City as an additional insured with not less than the following limits: General Aggregate $1,000,000 Products-Comp/Op Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Coverage shall include contractual liability assumed under this agreement, products and completed operations, personal injury, broad form property damage, and premises- operations. B. Commercial Automobile Liability Insurance naming the City as an additional insured with not less than the following limits: Combined Single Limit $1,000,000 Coverage shall include contractual liability assumed under this agreement, owned, hired and non-owned vehicles. Worker’s Compensation:                            801 10 C. Worker’s Compensation Insurance Prior to the commencement of work governed by this contract, the contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable State statues. Limits of Liability: Statutory-State of Florida Covering the contractor and the contractor’s employees with not less than the following limits: Employers Liability: $100,000, bodily injury by accident $500,000 bodily injury by Employee $500,000 bodily injury by Policy Limit The City of Hollywood needs to be the certificate holder as per the following format: City of Hollywood (nothing else on this line) Name of Department Department Address Department Address Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-VII, as assigned by the A.M. Best Company. Please Note: The Certificate shall contain a provision that coverage afforded under the policy will not be cancelled until at least thirty (30) days prior written notice has been given to the City. Certificates of insurance, reflecting evidence of the required insurance, shall be provided to the City. In the event the Certificate of Insurance provided indicates that the insurance shall terminate and lapse during the period of this Agreement, the vendor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement or extension thereunder is in effect. The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this bid/proposal. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this bid/proposal. In order to show that this requirement has been met, along with an insurance declaration sheet demonstrating the existence of a valid policy of insurance meeting the requirements of this bid/proposal, the successful proposer must submit a signed statement from insurance agency of record that the full policy contains no such exception. The City reserves the right to require additional insurance in order to meet the full value of the contract. The City reserves the right to require any other insurance coverage it deems necessary depending upon the exposures.                            802 11 3.18. Uncontrollable Circumstances (Force Majeure) The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, acts of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: A. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and D. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 3.19. Supplier Portal (Oracle) Payment Method The City has implemented software that contains a supplier portal allowing suppliers to submit and update their information via the supplier portal. New suppliers will be required to register; and current suppliers will need to confirm and update their information. Firms are responsible for ensuring that all contact, payment, and general information is updated at all times, and will not hold the City liable for any inaccurate information. 3.20. Debarred or Suspended Bidders or Proposers Firm(s) certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any federal, state, county or municipal department or agency. 3.21. Public Records/Trade Secrets/Copyright All responses will become the property of the City. The Consultant’s response to the solicitation is a public record pursuant to Florida law and is subject to disclosure by the City pursuant to Chapter 119.07, Florida Statutes (“Public Records law”). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this solicitation and the Contract to be executed for this solicitation, subject to the provisions of Chapter 119, Florida Statutes.                            803 12 Any language contained in the Consultant’s response to the solicitation purporting to require confidentiality of any portion of the Consultant’s response to the solicitation, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Consultant submits any documents or other information to the City that the Consultant claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Consultant shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Consultant must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Consultant’s response to the solicitation constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Consultant agrees to defend, indemnify, and hold harmless the City and the City’s officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE SOLICITATION AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE SOLICITATION OR ANY PART THEREOF AS COPYRIGHTED. 3.22. PUBLIC RECORDS GENERAL Consultant shall: A. Keep and maintain public records that ordinarily and necessarily would be required by the City in order 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, Florida Statutes. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Consultant does not transfer the records to the City. D. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of this Contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of this Contract,                            804 13 the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. It is solely and exclusively the Contractor’s responsibility to familiarize itself with Chapter 119, Florida Statutes, and to ensure compliance with its requirements. 3.23. Tie Breaker In cases where there is a tie for the bid award, the award shall be made by giving preference to the low bidder(s) with the following items (in this order): • (1) maintenance of a drug-free workplace in accordance with the requirements of Florida Statutes Section 287.087, • (2) local Hollywood vendor preference, • (3) closest proximity/location to project site or City Hall, and/or • (4) minority-owned or disadvantaged business status. If a tie still exists after the aforementioned tiebreakers are utilized, the Chief Procurement Officer will make a recommendation for award among the tied bidders.                            805 14 4. SCOPE OF SERVICE 4.1. Project Description The successful Vendor/Contractor will provide a year-round micro-transit program that provides connectivity to the Community Shuttle Program (CSP), this includes areas along the US 1/Federal Highway Corridor, Historic Downtown, and Hollywood Beach areas. In addition, the service will provide connectivity to various points of interest and Transportation hubs in areas west of the City designated as micro-transit zones. The service must be reliable, predictable and easy to access. Program may include supplementary service during special events requiring vehicles, personnel and resources. Circulator services may also expand to other areas of the City to support mobility options and reduction of traffic congestion as determined by the City and City Redevelopment Agency (CRA). The applicant should provide as part of their proposal a tentative schedule of service based on their experience in similar markets and assessment of demand in the area. This schedule is subject to change and be modified depending on the needs and conditions determined by the City/CRA. 4.2. Technical Specifications The use of environmentally friendly vehicles is preferred and must meet required ADA accessibility standards. The Contractor will provide the necessary vehicles, staff, and resources to service the estimated schedule in Exhibit A - CSP Routes and Schedules throughout the term of the contract. There is no need to have vehicles equipped with GPS units although it is preferred. The Contractor shall provide professional, experienced, well-groomed hospitality-oriented personnel and resources to communicate engagingly with riders while answering their questions. Personnel must hold the required, up-to-date applicable licenses, if required, have a clean driving record and be comfortable speaking knowledgably about the City/CRA as a visitor destination. The ability to converse in English is required. Bilingual drivers and other languages (French and Spanish) is desirable, but not required. All drivers must participate in a Florida Department of Transportation (FDOT) approved drug testing program. The City/CRA reserves the right to require the immediate dismissal of any personnel who fail to meet the standard outlined above. Relief personnel shall be readily available and provided by the Vendor throughout the term of the contract. The Contractor will ensure that all personnel assigned to this program wear professional, standardized, uniforms that are clean and well-pressed at all times. The Contractor will be responsible for appropriate storage, maintenance, and operational safety of all vehicles provided for this effort. The Contractor will be responsible for replacing vehicles that break down or have mechanic problems at no extra cost to the City/ CRA. The replacement should be addressed during shift when possible but no longer than 12-24 hours from the time of the event. In the event a vehicle needs to be replaced, such replacement vehicle shall match wrapping and conditions of the vehicle that needs repairs.                            806 15 Applicants are encouraged to provide risk mitigation plans below for different time frames for vehicles to be out of service (i.e., one day, one week, one month) The Contractor will a provide a secure website and cell phone application that allows users to quickly locate and secure a ride. The application should be downloadable from the Apple Store or Play Store. The website and cell phone application should also have the ability to charge a fee for service via secure encrypted credit card payments. 4.3. Contractor Qualifications The Contractor shall submit a listing of work experience for projects similar in scope and nature to the work described in the Scope of Work. A minimum of five (5) years' experience and at least two (2) projects (preferably with a government entity) shall be submitted and include a description of the work, project value, value of the work performed by the Contractor, and work duration. The Contractor shall provide the requirements/certifications/training requirements for their drivers. NOTE: The minimum requirement by the City is that all drivers must be enrol led in an approved FDOT drug testing program and have passed a drug screening test, have the required FL driver license, and a favorable background investigation. 4.4. Deliverables and Objectives The following deliverables are required: A. Auditing tools to track vehicle usage and gross/net revenues from passenger fees and advertising. Generation of monthly reports that provide ridership totals, service heat maps with micro-transit zone usage, demand and capability analytics. In addition, reports shall contain driver performance metrics such as riders per hour, wait times, and the number of missed pick-ups. B. Reliable Transit Program. Documented daily vehicle safety inspections prior to start of day, and a documented preventive maintenance program. Reporting frequency will be determined between the City/CRA and the Contractor's ridership totals. C. Risk Mitigation Plan. A written plan that addresses risks associated with the operation of the micro transit program and mitigation strategies that will be used by the Contractor to minimize risk. D. Maintenance/Recovery Plan. The Contractor shall provide their maintenance plan and recovery plan to keep the vehicles in circulation at all times with no interruptions. 4.5. Project Area There are three (3) Micro-Transit Zones (MTZ). Each MTZ will be finalized following award and may be modified based on ridership and need. Each MTZ is described in the attached Exhibit B - MTZ Zones. 4.6. Schedule of Performance The applicant will provide a tentative schedule of service based on their experience in similar markets. This schedule is subject to change and be modified depending on the needs and conditions determined by the City/CRA and provider. Offerors are encouraged to provide service connecting downtown and the beach and must provide adequate description on how the service will do this and overcome challenges.                            807 16 4.7. Advertising and Revenue Sharing ADVERTISEMENT SALES SERVICES. (a) The Contractor will sell space upon its vehicles for the display of commercial advertising. The purpose is to raise revenues to partially finance the operation of the micro-transit services. (b) The Contractor will pay to the City 50% of the Net Advertising Revenue received by the Contractor in connection with all (i) exterior advertising sales; (ii) interior video advertising sales; (iii) event marketing campaign sales; and (iv) marketing efforts for advertising sales (collectively, the “Advertisement Sales Services” and the advertisements so sold, the “Advertisements”). Net Advertising Revenue means the gross advertising revenue received less all-other costs and expenses, including but not limited to advertisement design and production costs, incurred by the Company in connection with providing the Advertisement Sales Services. (c) The Contractor shall determine the methods, details, and means for performing the Advertisement Sales Services. The Contractor will not accept advertising content that includes or is related to the below (1-7) without the prior written approval from the City. 1. Discriminates against a person or section of the community on account of race, sex, age, sexual preference, religion, disability, sexual orientation or political belief. 2. Contains strong or obscene language. 3. Promotes or opposes tobacco or alcohol products and controlled substances. 4. Contains sexual or reproductive material, 5. Promotes or opposes “adult entertainment” strip clubs and/or the sale of pornographic materials. 6. Promotes the sale or distribution of firearms. 7. Contravenes any applicable law. (d) The Contractor shall invoice each such advertiser for amounts owed for Advertisement Sales Services. The Contractor shall provide a service credit in the amount of 50% of the Net Advertising Revenue to the City on the following month’s submitted invoice after receipt by the Contractor of the amounts due from each advertiser. The Contractor must submit proof of invoices for amounts owed to Contractor for Advertisement Sales Services, during each advertisement period, whether or not invoiced funds are actually received by the Contractor. Example: For illustration purposes, the Contractor submits an invoice to a Media Buyer in the amount due of $25,000.00 for Advertisement Sales Service on January 2023 and the funds were r eceived from that Media Buyer during the month of March 2023. The Contractor will provide a service credit to the City in the amount of $12,500.00 on the April 2023 invoice.                            808 17 5. EVALUATION CRITERIA A Selection Committee will review and evaluate submittals to determine if they meet all of the requirements in this solicitation to be deemed responsive and responsible. The following evaluation criteria will be used to evaluate and score each submittal: No. Evaluation Criteria Scoring Method Weight (Points) 1. Approach and Methodology The Contractor shall explain in detail how their company can meet the requirements of the work outlined in the SOW, provide a timeline/plan-of-action detailing each phase for this effort, provide an organization chart detailing the labor for this effort, provide the recruiting effort for maintaining qualified drivers, and detail the numbers and types of vehicles provided and how they will include additional vehicles if the City expands the routes. Points Based 15 (14.3% of Total) 2. Environmental Benefits The Contractor shall provide details and quantify any environmental benefits or sustainability initiatives that they will use for this effort. Points Based 10 (9.5% of Total) 3. Contractor Capabilities The Contractor shall provide overall organizational and financial capabilities and other key components to include organizational reporting structure, quality control, quality assurance, research and development, technical training and parts support, response time, product capabilities, and the ability to furnish multiple vehicle configurations. The Contractor shall provide a general description of the company, including annual revenue, facilities location, number of permanent and part-time employees, and current and project workload. This description is intended to provide information to the City of Hollywood to evaluate the capability and capacity of the Contractor to perform the work. The City of Hollywood may conduct a site-visit of the Contractor's facility during the evaluation process. Points Based 10 (9.5% of Total)                            809 18 4. Driver's Qualifications The Contractor shall provide the requirements/certifications/training requirements for their drivers. NOTE: minimum requirement by the City is that all drivers must be enrolled in an FDOT approved drug testing program, pass a drug screening test, have the appropriate FL driver's license, and have a favorable background investigation. Points Based 10 (9.5% of Total) 5. Firm's Qualifications and Experience The Contractor shall submit a listing of work experience for projects similar in scope and nature to the work described in the Scope of Work. A minimum of five years (5) experience and two (2) projects (preferably with a government entity) shall be submitted and include a description of the work, project value, value of the work performed by the Contractor, and work duration and dates. The Contractor must submit at least three (3) references for projects of similar size, scope, and complexity. The references will be reviewed and scored as to whether services performed were satisfactory and meet the aforementioned criteria. Points Based 10 (9.5% of Total) 6. ADA Compliance The Contractor shall provide details on how their proposed vehicles meet ADA accessibility requirements. Points Based 5 (4.8% of Total) 7. Maintenance/Recovery Plan The Contractor shall provide their maintenance plan and recovery plan to keep the vehicles in circulation at all times with no interruptions. The Contractor must also provide a response to this scenario: A vehicle breaks down in the middle of the afternoon (weekday) and the current outside temperature is 95 degrees Fahrenheit. The vehicle has a mixture of passengers: elderly, middle aged, children, and infants. Explain the Contractor's course of action that would be taken. Points Based 10 (9.5% of Total)                            810 19 8. Risk Mitigation Plan The contractor must provide a risk mitigation plan on potential risks that may occur with this service and the steps they will take to mitigate/reduce the risk level. Points Based 10 (9.5% of Total) 9. Local Vendor Preference If applicable, the local Hollywood Vendor/Contractor shall have the burden of demonstrating that it maintains a permanent place of business with full-time employees within the City limits and has done so for a minimum of one year prior to the date of issuance of a bid or proposal solicitation within Hollywood, Florida. All supporting documentation (e.g., City valid local business tax receipt) for local preference eligibility must be received with the bid package prior to the bid opening date and time. Points Based 5 (4.8% of Total) 10. Pricing The Contractor must provide a Fixed Pricing Rate for this Service to include all direct and indirect costs in fixed monthly rates for this effort. The price for each offeror will be compared against the values assigned the various elements of the technical proposal. The objective of this process is to obtain the best available combination of technical capability and price. Points Based 20 (19% of Total)                            811 20 6. EVALUATION COMMITTEE Each Selection Committee member will convert their maximum available point score (cardinal number) for each Submitter into an ordinal number designating the ranking (as first, second, or third. For example: The ordinal scores from each Selection Committee member for each Submitter shall be added together to calculate a total ordinal score. The Submitter with the lowest ordinal score will be ranked highest for award preference. The Submitter with the second lowest total ordinal score will be ranked second highest for award preference, and so on, until all Submitters are ranked. During the evaluation process, the Selection Committee may, at its discretion, request oral presentations from banks to clarify information or answer questions on submittals. A public Selection Committee meeting to complete this evaluation is anticipated to take place in March 2023 followed by City Commission approval of an award tentatively scheduled for May 2023. Selection Committee meeting notices shall be posted on the City’s Sunshine Board (https://www.hollywoodfl.org/Archive.aspx?AMID=140).                            812 21 7. GENERAL TERMS AND CONDITIONS 7.1. INTENT It is the policy of the City to encourage full and open competition among all available qualified vendors. All vendors regularly engaged in the type of Work specified in the Solicitation are encouraged to submit proposals. To receive notification and to be eligible to bid vendor should be registered with OpenGov. Vendors may register with the OpenGov (registration is free) to be included on a mailing list for selected categories of goods and Services. In order to be processed for payment, any awarded vendor must register with the City by completing and returning a Vendor Application and all supporting documents. For information and to apply as a vendor, please visit our website at hollywoodfl.org to download an application and submit it to Procurement Services Division. It is the intent of the City of Hollywood, FL (“the City”), through this solicitation and the contract conditions contained herein, to establish to the greatest possible extent complete clarity regarding the requirements of both parties to the agreement resulting from this solicitation. Before submitting a bid/proposal, the Vendor shall be thoroughly familiarized with all contract conditions referred to in this document and any addenda issued before the bid/proposal submission date. Such addenda shall form a part of the SOLICITATION and shall be made a part of the contract. It shall be the Vendor's responsibility to ascertain that the bid/proposal includes all addenda issued prior to the bid/proposal submission date. Addenda will be posted on the City's Procurement Portal along with the SOLICITATION. The terms of the SOLICITATION and the selected Vendor’s bid/proposal and any additional documentation (e.g. questions and answers) provided by the Vendor during the solicitation process will be integrated into the final contract for services entered into between the City and the selected Vendor. The Vendor shall determine, by personal examination and by such other means as may be preferred, the conditions and requirements under which the agreement must be performed. 7.2. PROPOSER’S RESPONSIBILITIES Proposers are required to submit their bids/proposals upon the following express conditions: A. Proposers shall thoroughly examine the drawings, specifications, schedules, instructions and all other contract documents. B. Proposers shall make all investigations necessary to thoroughly inform themselves regarding delivery of material, equipment or services as required by the SOLICITATION conditions. No plea of ignorance, by the proposer, of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the proposer to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation due the proposer.                            813 22 C. Proposers are advised that all City contracts are subject to all legal requirements provided for in the City of Hollywood Charter, Code of Ordinances and applicable County Ordinances, State Statutes and Federal Statutes. 7.3. PREPARATION OF BIDS/PROPOSALS Bids/proposals will be prepared in accordance with the following: A. The City’s enclosed bid/proposal Forms, in their entirety, are to be used in submitting your bid/proposal. NO OTHER FORM WILL BE ACCEPTED. B. All information required by the bid/proposal form shall be furnished. The proposer shall sign each continuation sheet (where indicated) on which an entry is made. C. Prices shall be shown and where there is an error in the extension of prices, the unit price shall govern. The City of Hollywood is exempt from payment to its vendors of State of Florida sales tax and, therefore, such taxes should not be figured into the SOLICITATION. However, this exemption does not apply to suppliers to the City in their (supplier) purchases of goods or services, used in work or goods supplied to the City. Proposers are responsible for any taxes, sales or otherwise, levied on their purchases, subcontracts, employment, etc. An exemption certificate will be signed where applicable, upon request. The City will pay no sales tax. 7.4. DESCRIPTION OF SUPPLIES Any manufacturer's names, trade names, brand names, or catalog numbers used in these applications are for the purpose of describing and establishing minimum requirements or level of quality, standards of performance, and design required, and are in no way intended to prohibit the bidding of other manufacturers' items of equal material, unless specifications state "NO SUBSTITUTIONS." Proposers must indicate any variances to the specifications, terms, and conditions, no matter how slight. If variations are not stated in the bid/proposal, it shall be construed that the bid/proposal fully complies with the Specifications, Terms and Conditions. Proposers are required to state exactly what they intend to furnish; otherwise they sh all be required to furnish the items as specified. Proposers will submit, with their bid/proposal, necessary data (factory information sheets, specifications, brochures, etc.) to evaluate and determine the quality of the item(s) they are proposing. The City shall be the sole judge of equality and its decision shall be final. 7.5. ADDENDA The Procurement Services Division may issue an addendum in response to any inquiry received, prior to bid/proposal opening, which changes, adds to or clarifies the terms, provisions or requirements of the solicitation. The Proposer should not rely on any representation, statement or explanation, whether written or verbal, other than those made in this solicitation document or in any addenda issued. Where there appears to be a conflict between this solicitation and any                            814 23 addendum, the last addendum issued shall prevail. It is the proposer’s responsibility to ensure receipt of all addenda and any accompanying documents. Proposer(s) shall acknowledge receipt of any formal Addenda by signing the addendum and including it with their bid/proposal. Failure to include signed formal addenda in its bid/proposal shall cause the City to deem the bid/proposal non-responsive provided, however, that the City may waive this requirement in its best interest. 7.6. REJECTION OF BIDS/PROPOSALS The City may reject a bid/proposal if: A. The Proposer fails to acknowledge receipt of an addendum, or if B. The Proposer misstates or conceals any material fact in the bid/proposal, or if C. The bid/proposal does not strictly conform to the law or requirements of the SOLICITATION, or if D. The City is under a pre-lawsuit claim or current litigation with the proposer. The City may reject all bids/proposals whenever it is deemed in the best interest of the City to do so, and may reject any part of a bid/proposal unless the bid/proposal has been qualified as provided in herein. 7.7. WITHDRAWAL OF BIDS/PROPOSALS A. May not be withdrawn and shall be deemed enforceable for a period of 180 days after the time set for the SOLICITATION opening. B. Bids/proposals may be withdrawn prior to the time set for the SOLICITATION opening via the Portal. C. The City will permanently retain as liquidated damages the bid deposit furnished by any proposer who requests to withdraw a bid/proposal after the SOLICITATION opening. 7.8. BIDS/PROPOSALS TO REMAIN OPEN All bids/proposals shall remain open for 180 calendar days after the day of the bid/proposal opening, but the City may, at its sole discretion, release any bid/proposal and return the bid/proposal Security prior to that date. Extensions of time when bids/proposals shall remain open beyond the 180 day period may be made only by mutual written agreement between the City, the successful Proposer and the surety, if any, for the successful Proposer. 7.9. LATE BIDS/PROPOSALS OR MODIFICATIONS Only bids/proposals received as of the opening date and time will be considered timely. Bids/proposals and modifications received after the time set for the opening will be returned un- opened to the sender and rejected as late. 7.10. CONFLICTS WITHIN THE SOLICITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the SOLICITATION Submittal Section, or any                            815 24 addendum issued, the order of precedence shall be the last addendum issued, the SOLICITATION Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 7.11. CLARIFICATION OR OBJECTION TO BID/PROPOSAL SPECIFICATIONS If any person contemplating submitting a bid/proposal for this contract is in doubt as to the true meaning of the specifications or other SOLICITATION documents or any part thereof, they may submit requests for clarification to the Procurement Services Division on or before the date specified for a request for clarification. All such requests for clarification shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the SOLICITATION, if made, will be made only by Addendum duly issued. A copy of such Addendum will be made available to each person receiving a Solicitation. The City will not be responsible for any other explanation or interpretation of the SOLICITATION given prior to the award of the contract. Any objection to the specifications and requirements as set forth in this SOLICITATION must be filed in writing with the Chief Procurement Officer on or before the date specified for a request for clarification. 7.12. COMPETENCY OF PROPOSERS Pre-award inspection of the Proposer’s facility may be made prior to the award of a contract. Bids/proposals will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this SOLICITATION(s); have a record of performance for a reasonable period of time; and have sufficient financial support, equipment and organization to ensure that they can satisfactorily deliver the material and/or services if awarded a Contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. The City may consider any evidence available to it of the financial, technical and other qualifications and abilities of a proposer, including past performance (experience) in making the award in the best interest of the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this SOLICITATION or otherwise. 7.13. QUALIFICATIONS OF PROPOSERS No Bid/proposal will be accepted from, nor will any contract be awarded to any person who is in arrears to the City upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to City, or who is deemed responsible or unreliable by the City. As part of the bid/proposal evaluation process, City may conduct a background investigation including a record check by the Hollywood Police Department. Proposer’s submission of a bid/proposal constitutes acknowledgment of the process and consent to such investigation. City shall be the sole judge in determining a Proposer’s qualifications.                            816 25 7.14. CONSIDERATION OF BIDS/PROPOSALS In cases where an item requested is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the Vendor proposes to furnish the item so identified and does not propose to furnish an "equal" unless the proposed "equal" is pre-approved by the City. References to any of the above are intended to be descriptive but not restrictive and only indicate articles that will be satisfactory. A bid/proposal of an "equal" will be considered, provided that the Vendor states in his bid/proposal exactly what he proposes to furnish, including sample, illustration, or other descriptive matter which will clearly indicate the character of the article covered by such bid/proposal. The designated City representative hereby reserves the right to approve as an “equal”, or to reject as not being an “equal”, any article proposed which contains major or minor variations from specifications requirements. 7.15. AWARD OF CONTRACT If the Contract is to be awarded, it will be awarded, after evaluation by the City, to the responsible and responsive Proposer whom the City determines will be in the best interests of the City and not necessarily to the lowest cost Proposer. Proposers may be invited to an oral interview before the committee. A short list of finalists will be determined and presented to either the City Manager or his/her designee or to the City Commission, in accordance with the applicable City of Hollywood Code of Ordinances, and will make the final ranking for the purposes of negotiating a contract with the top ranked firm. The successful Proposer shall be required to sign a negotiated contract; the refusal or failure of a successful Proposer to execute a contract which contains the mandatory material terms and conditions contained in the SOLICITATION, shall be grounds for deeming the Proposer and/or the Proposer’s bid/proposal non-responsive. If applicable, the Proposer to whom award is made shall execute a written contract prior to award by the City Commission. If the Proposer to whom the first award is made fails to enter into a contract as herein provided, the Contract may be let to the next highest ranked Proposer who is responsible and responsive in the opinion of the City. 7.16. BASIS FOR AWARD, EVALUATION CRITERIA AND QUESTIONS The qualification of bid/proposal responders on this project will be considered in making the award. The City is not obligated to accept any bid/proposal if deemed not in the best interest of the City to do so. The City shall make award to a qualified proposer based on fees submitted and responses to this SOLICITATION. Failure to include in the bid/proposal all information outlined herein may be cause for rejection of the bid/proposal. The City reserves the right to accept or reject any and all bids/proposals, in whole or in part, as determined to be in the best interest of the City in its sole discretion. The City reserves the right to waive any informalities or irregularities in bids/proposals. The City reserves the right to negotiate separately the terms and conditions or all or any part of the bids/proposals as deemed to be in the City’s best interest in its sole discretion.                            817 26 Information and/or factors gathered during interviews, negotiations and any reference checks, and any other information or factors deemed relevant by the City, shall be utilized in the final award. The final award of a contract is subject to approval by the City Commission. 7.17. AGREEMENT An agreement shall be sent to the awarded proposer to be signed, witnessed, and returned to the City for execution. The City will provide a copy of the fully executed agreement to the awarded proposer. 7.18. NOTICE TO PROCEED A signed purchase order, blanket purchase order or fully executed agreement will be the Proposer's authorization to proceed and may substitute for a "Notice to Proceed" form. 7.19. BID PROTESTS The City shall provide notice of its intent to award or reject to all proposers by posting such notice on the City’s website. After a notice of intent to award a contract is posted, any actual or prospective proposer who is aggrieved in connection with the pending award of the contract or any element of the process leading to the award of the contract may protest to the Director of Procurement Services. A protest must be filed within five business days after posting or any right to protest is forfeited. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest, including a deposit, is received by the Procurement Services Division. Failure to file a protest within the time-frame specified herein shall constitute a full waiver of all rights to protest the City’s decision regarding the award. The written protest shall state in detail the specific facts and law or ordinance upon which the protest of the proposed award is based, and shall include all pertinent documents. A written protest may not challenge the relative weight of evaluation criteria or a formula for assigning points. Upon receipt of a formal written protest, the City shall stop award proceedings until resolution of the protest; unless it has been determined that the award of the contract without delay is necessary to protect substantial interests of the City. Any and all costs incurred by a protesting party in connection with a bid protest shall be the sole responsibility of the protesting party. Upon receipt of a protest of the pending award of a contract, a copy of the protest shall promptly be forwarded to the City Attorney. The City Attorney shall thereupon review the charge to determine its sufficiency, including whether the protest was timely filed. If upon review the City Attorney determines that the charge is insufficient, the City Attorney may issue a summary dismissal of the protest. If upon review the City Attorney determines that the charge is sufficient, a hearing of the protest committee shall be scheduled.                            818 27 A protest committee shall have the authority to review, settle and resolve the protest. The committee shall consist of three members appointed by the City Manager. The committee’s review shall be informal. If the protest committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law or applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the committee determines that the protest is without merit, The Director shall promptly issue a decision in writing stating the reason for the decision and furnish a copy to the protester and any other interested party, and the process leading to the award shall proceed. 7.20. PREPARATION OF BIDS/PROPOSALS Bids/proposals shall be prepared in accordance with the bid/proposal response format. Bids/proposals not complying with this format may be considered non-responsive and may be removed from consideration on this basis. Requirements for Signing Bid/Proposal: A. Each proposer, by making a bid/proposal, represents that this document has been read and is fully understood. B. The bid/proposal must be signed in ink by an individual authorized to legally bind the person, partnership, company, or corporation submitting the bid/proposal. C. All manual signatures must have the name typed directly under the line of the signature. D. The above requirements apply to all SOLICITATION addenda. 7.21. EXAMINATION OF BID/PROPOSAL DOCUMENTS Before submitting a bid/proposal, each Proposer must: examine the bid/proposal Documents thoroughly; consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, performance, or provision of the commodities and/or services; study and carefully correlate Proposer’s observations with the bid/proposal Documents, and notify the City’s agent of all conflicts, errors and discrepancies in the bid/proposal Documents. The submission of a bid/proposal will constitute an incontrovertible representation by the Proposer, that the Proposer has complied with every requirement of this SOLICITATION, that without exception, the bid/proposal is premised upon performing the services and/or furnishing the commodities and materials in accordance with such means, methods, techniques, sequences or procedures as may be indicated in or required by the bid/proposal Documents, and that the bid/proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the goods and/or services. 7.22. PUBLIC RECORDS LAW If applicable, for each public agency contract for services, the Proposer is required to comply with F.S. 119.0701, which includes the following:                            819 28 A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in F.S. Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency, all public records in possession of the proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Public records may be inspected and examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian of the public record. Sealed Bids/proposals become subject to the public records disclosure requirements of F.S. Chapter 119, notwithstanding a proposers' request to the contrary, at the time the City provides notice of a decision or intended decision, or 30 days after the bid/proposal opening, whichever is earlier. Financial statements submitted in response to a request by the City may be confidential and exempt from disclosure. Data processing software obtained under a licensing agreement which prohibits its disclosure may also exempt. Proposers are hereby notified and agree that all information submitted as part of, or in support of SOLICITATION submittals will be available for public inspection after opening of SOLICITATION in compliance with Chapter 119 of the Florida Statutes. The proposer shall not, unless required as part of this SOLICITATION, submit any information in response to this invitation which the proposer considers to be a trade secret, proprietary or confidential. The submission, not required as part of this this SOLICITATION, of any information to the City in connection with this invitation shall be deemed conclusively to be a waiver of any trade secret or other protection, which would otherwise be available to the proposer. 7.23. INFORMATION For information concerning procedure for responding to this Solicitation (SOLICITATION), contact the Point of Contact in the #INTRODUCTION section. Such contact shall be for clarification purposes only. It is preferred that all other questions be submitted in writing via the Portal at least 10 calendar days prior to the bid/proposal due/opening date.                            820 29 7.24. BIDS/PROPOSALS The bid/proposal must be signed by one duly authorized to do so and in cases where the bid/proposal is signed by a deputy or subordinate, the principal’s proper written grant of authority to such deputy or subordinate must accompany the bid/proposal. Bids/proposals by corporations must be executed in the corporate name by the President or other corporate officers accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. Bids/proposals by partnerships must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below the signature. 7.25. MODIFICATION AND WITHDRAWAL OF BIDS/PROPOSALS Bids/proposals must be modified or withdrawn electronically via the Portal. A request for withdrawal or a modification must be via the Portal by a person duly authorized to do so. Withdrawal of a bid/proposal will not prejudice the rights of a Proposer to submit a new bid/proposal prior to the bid/proposal date and time. Except where provided in the following paragraph no bid/proposal may be withdrawn or modified after expiration of the period for receiving bids/proposals. If, within twenty-four (24) hours after bids/proposals are opened, any Proposer files a duly signed written notice with the City and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of the City by clear and convincing evidence that there was a material and substantial mistake in the preparation of its bid/proposal, or that the mistake is clearly evident on the face of the bid/proposal but the intended correct bid/proposal is not similarly evident, then the Proposer may withdraw its bid/proposal and the bid/proposal Security will be returned. 7.26. REJECTION OF BIDS/PROPOSALS To the extent permitted by applicable state and federal laws and regulations, the City reserves the right to reject any and all bids/proposals, to waive any and all informalities, irregularities and technicalities not involving price, time or changes in the commodities and/or services, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional bids/proposals. Bids/proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations or irregularities of any kind. The City also reserves the right to waive minor technical defects in a bid/proposal. The City reserves the right to determine, in its sole discretion, whether any aspect of a bid/proposal satisfies the criteria established in this Solicitation. The City reserves the right to reject the bid/proposal of any Proposer if the City believes that it would not be in the best interest of the City to make an award to that Proposer, whether because the bid/proposal is not responsive or the Proposer is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criterion established by City. The foregoing reasons for rejection of bids/proposals are not intended to be exhaustive.                            821 30 7.27. OPEN END CONTRACT No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid/proposal comparison purposes only. The City reserves the right to issue purchase orders as and when required, or a blanket purchase order and release partial quantities as and when required or any combination of the preceding. ORDERING: The CITY reserves the right to purchase commodities/services specified herein through Contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a period shorter than the delivery time specified in the contract, and if the seller is unable to comply therewith, the City reserves the right to obtain such delivery from others without penalty or prejudice to the City or to the Proposer. 7.28. AUDIT RIGHTS The City reserves the right to audit the records of the successful Proposer for the commodities and/or services provided under the Contract at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by the City. If required by the City, the successful Proposer agrees to submit to an audit by an independent certified public accountant selected by the City. The successful Proposer shall allow the City to inspect, examine and review the records of the successful Proposer in relation to this contract at any and all times during normal business hours during the term of the Contract. 7.29. LOCAL, STATE AND FEDERAL COMPLIANCE REQUIREMENTS The Proposer shall comply with all local, state and federal directives, orders and laws as applicable to this SOLICITATION and subsequent contract(s) including, but not limited to: A. Equal Employment Opportunity (EEO), in compliance with Executive Order 11246 as amended and applicable to this contract. B. All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). C. The Immigration and Nationality Act prohibits (i) the employment of an unauthorized alien when the employer knows the individual is an unauthorized alien and (ii) the employment of an individual without complying with the requirements of the federal employment verification system. If a proposer commits either of these violations, such violation shall be cause for unilateral cancellation of the contract. D. This Section applies only to any contract for goods or services of $1 million or more: The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section                            822 31 287.135, Florida Statutes (2011), as may be amended or revised. The City may terminate this Contract at the City’s option if the Proposer is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2011), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2011), as may be amended or revised. 7.30. FRAUD AND MISREPRESENTATION Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, may be debarred from doing business with the City. The City as further sanction may terminate or cancel any oth er contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney’s fees. 7.31. DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subproposers are presently debarred or suspended by any Federal department or agency. 7.32. COLLUSION More than one bid/proposal received for the same work from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that any Proposer is interested in more than one bid/proposal for the same work will cause the rejection of such bin which the Proposer is interested. If there are reasonable grounds for believing that collusion exists among the Proposers, the bids/proposals of participants in such collusion will not be considered. 7.33. COPELAND "ANTI-KICKBACK" The Proposer and all subproposers will comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). 7.34. FORCE MAJEURE The Agreement which is awarded to the successful proposer may provide that the per formance of any act by the City or Proposer hereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided however, the City shall have the right to provide substitute service from third parties or City forces and in such event the City shall withhold payment due the Proposer for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate this Agreement. 7.35. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a                            823 32 public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a proposer, supplier, subproposer, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.36. DRUG-FREE WORKPLACE PROGRAM Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids/proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids/proposals will be followed if none of the tied vendors have a drug-free workplace program. 7.37. SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS POLICY Proposer shall sign and submit the attached form indicating understanding and compliance with the City's and State's policies prohibiting solicitation and acceptance of gifts by public officers, employees and candidates. Failure to submit the signed form will result in your bid/proposal being declared non-responsive; provided, however, that a responsible proposer whose bid/proposal would be responsive but for the failure to submit the signed form in its bid/proposal may be given the opportunity to submit the form to the City within five calendar days after notification by the City, if this is determined to be in the best interest of the City. 7.38. CONFLICT OF INTEREST The Proposer represents that: No officer, director, employee, agent, or other consultant of the City or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement. There are no undisclosed persons or entities interested with the Proposer in this Agreement. This Agreement is entered into by the Proposer without any connection with any other entity or person making a bid/proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the City, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or member of the immediate family or household of any of the aforesaid: A. Is interested on behalf of or through the Proposer directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or B. Is an employee, agent, advisor, or consultant to the Proposer or to the best of the Proposer’s knowledge, any subproposer or supplier to the Proposer.                            824 33 Neither the Proposer nor any officer, director, employee, agent, parent, subsidiary, or affiliate of the Proposer shall have an interest which is in conflict with the Proposer’s faithful performance of its obligations under this Agreement; provided that the City, in its sole discretion, may consent in writing to such a relationship, and provided the Proposer provides the City with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the City's best interest to consent to such relationship. The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. In the event the Proposer has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, the Proposer shall promptly bring such information to the attention of the City's Project Manager. The Proposer shall thereafter cooperate with the City's review and investigation of such information, and comply with the instructions the Proposer receives from the Project Manager in regard to remedying the situation. 7.39. DISCRIMINATION Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid/proposal on a contract to provide goods or services to a public entity, may not submit a bid/proposal on a contract with a public entity for construction or repair of a public building or public work, may not submit bids/proposals on leases of real property to a public entity, may not award or perform work as a proposer, supplier, subproposer, or consultant under contract with any public entity, and may not transact business with any public entity. 7.40. ADVICE OF OMISSION OR MISSTATEMENT In the event it is evident to a Vendor responding to this SOLICITATION that the City has omitted or misstated a material requirement to this SOLICITATION and/or the services required by this SOLICITATION, the responding Vendor shall advise the contact identified in the SOLICITATION Clarifications and Questions section above of such omission or misstatement. 7.41. CONFIDENTIAL INFORMATION Information contained in the Vendor’s bid/proposal that is company confidential must be clearly identified in the bid/proposal itself. The City will be free to use all information in the Vendor's bid/proposal for the City’s purposes, in accordance with State Law. Vendor bids/proposals shall remain confidential for 30 days or until a notice of intent to award is posted, which is sooner. The Vendor understands that any material supplied to the City may be subject to public disclosure under the Public Records Law. 7.42. GOVERNING LAW This Contract, including appendices, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in accordance with, the laws of the State of Florida. This shall apply notwithstanding such factors which include, but are not limited to, the place where the contract is entered into, the place where the accident occurs and not withstanding application of conflicts of law principles.                            825 34 7.43. LITIGATION VENUE The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. 7.44. SOVEREIGN IMMUNITY Nothing in this agreement shall be interpreted or construed to mean that the city waives its common law sovereign immunity or the limits of liability set forth in Section 768.28, Florida Statute. 7.45. SURVIVAL The parties acknowledge that any of the obligations in this Agreement will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Proposer and the City under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. 7.46. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The Contractor shall indemnify and hold harmless the City of Hollywood and its officers, employees, agents and instrumentalities from any and all liability, losses or damages. In addition, the City shall be entitled to attorney’s fees and costs of defense, which the City of Hollywood, or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this project by the awarded proposer or its employees, agents, servants, partners, principals or subcontractors. Furthermore, the awarded proposer shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind of nature in the name of the City of Hollywood, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may issue thereon. The awarded proposer expressly understands and agrees that any insurance protection required by the resulting agreement or otherwise provided by the awarded proposer shall cover the City of Hollywood, its officers, employees, agents and instrumentalities and shall include claims for damages resulting from and/or caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in the performance of the contract. 7.47. PATENT AND COPYRIGHT INDEMNIFICATION The Proposer warrants that all deliverables furnished hereunder, including but not limited to: services, equipment programs, documentation, software, analyses, applications, methods, ways, processes, and the like, do not infringe upon or violate any patent, copyrights, service marks, trade secret, or any other third party proprietary rights. The Proposer shall be liable and responsible for any and all claims made against the City for infringement of patents, copyrights, service marks, trade secrets or any other third party proprietary rights, by the use or supplying of any programs, documentation, software, analyses, applications, methods, ways, processes, and the like, in the course of performance or completion of, or in any way connected with, the work, or the City's continued use of the deliverables furnished hereunder. Accordingly, the Proposer, at its own expense, including the payment of attorney's                            826 35 fees, shall indemnify, and hold harmless the City and defend any action brought against the City with respect to any claim, demand, and cause of action, debt, or liability. In the event any deliverable or anything provided to the City hereunder, or a portion thereof, is held to constitute an infringement and its use is or may be enjoined, the Proposer shall have the obligation, at the City's option, to (i) modify, or require that the applicable subproposer or supplier modify, the alleged infringing item(s) at the Proposer’s expense, without impairing in any respect the functionality or performance of the item(s), or (ii) procure for the City, at the Proposer's expense, the rights provided under this Agreement to use the item(s). The Proposer shall be solely responsible for determining and informing the City whether a prospective supplier or subproposer is a party to any litigation involving patent or copyright infringement, service mark, trademark, violation, or proprietary rights claims or is subject to any injunction which may prohibit it from providing any deliverable hereunder. The Proposer shall enter into agreements with all suppliers and subproposers at the Proposer's own risk. The City may reject any deliverable that it believes to be the subject of any such litigation or injunction, or if, in the City's judgment, use thereof would delay the work or be unlawful. The Proposer shall not infringe any copyright, trademark, service mark, trade secrets, patent rights, or other intellectual property rights in the performance of the work. 7.48. ADVERTISING Vendor shall not advertise or publish the fact that the City has placed this order without prior written consent from the City, except as may be necessary to comply with a proper request for information from an authorized representative of a governmental unit or agency. 7.49. DISCLAIMER The Hollywood may, in its sole discretion, accept or reject, in whole or in part, for any reason whatsoever any or all bids/proposals; re-advertise this SOLICITATION, postpone or cancel at any time this SOLICITATION process; or, waive any formalities of or irregularities in the bid/proposal process. Bids/proposals that are not submitted on time and/or do not conform to the City of Hollywood’s requirements will not be considered. After all bids/proposals are analyzed, organization(s) submitting bid/proposal that appear, solely in the opinion of the City of Hollywood, to be the most competitive, shall be submitted to the City of Hollywood’s City Commission, and the final selection will be made shortly thereafter with a timetable set solely by the City of Hollywood. The selection by the City of Hollywood shall be based on the bid/proposal, which is, in the sole opinion of the City Commission of the City of Hollywood, in the best interest of the City of Hollywood. The issuance of this SOLICITATION constitutes only an invitation to make a bid/proposal to the City of Hollywood. The City of Hollywood reserves the right to determine, in its sole discretion, whether any aspect of the bid/proposal satisfies the criteria established by the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this bid/proposal or otherwise. 7.50. TRADEMARKS The City warrants that all trademarks the City requests the Vendor to affix to articles purchased are those owned by the City and it is understood that the Vendor shall not acquire or claim any rights, title, or interest therein, or use any of such trademarks on any articles produced for itself or anyone other than the City.                            827 36 7.51. RIGHT TO REQUEST ADDITIONAL INFORMATION The City reserves the right to request any additional information that might be deemed necessary during the evaluation process. 7.52. PROPOSAL PREPARATION COSTS The Vendor is responsible for any and all costs incurred by the Vendor or his/her subproposers in responding to this solicitation. 7.53. DESIGN COSTS The successful Vendor shall be responsible for all design, information gathering, and required programming to achieve a successful implementation. This cost must be included in the base bid/proposal. 7.54. ADDITIONAL CHARGES No additional charges, other than those listed on the price breakdown sheets, shall be made. Prices quoted will include verification/coordination of order, all costs for shipping, delivery to all sites, unpacking, setup, installation, operation, testing, cleanup, training and Vendor travel charges. 7.55. RIGHTS TO PERTINENT MATERIALS All responses, inquires, and correspondence relating to this SOLICITATION and all reports, charts, displays, schedules, exhibits and other documentation produced by the Vendor that are submitted as part of the bid/proposal shall become the property of the City upon receipt, a part of a public record upon opening, and will not be returned. 7.56. INSURANCE REQUIREMENTS See insurance requirements in the main solicitation document. 7.57. NATURE OF THE AGREEMENT The Agreement incorporates and includes all negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in the Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of the Agreement that are not contained in the Agreement, and that the Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that the Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. The Proposer shall provide the services set forth in the Scope of Services, and render full and prompt cooperation with the City in all aspects of the services performed hereunder. The Proposer acknowledges that the Agreement requires the performance of all things necessary for or incidental to the effective and complete performance of all work and services under t his Contract. All things not expressly mentioned in the Agreement but necessary to carrying out its                            828 37 intent are required by the Agreement, and the Proposer shall perform the same as though they were specifically mentioned, described and delineated. The Proposer shall furnish all labor, materials, tools, supplies, and other items required to perform the work and services that are necessary for the completion of this Contract. All work and services shall be accomplished at the direction of and to the satisfaction of the City's Project Manager. The Proposer acknowledges that the City shall be responsible for making all policy decisions regarding the Scope of Services. The Proposer agrees to provide input on policy issues in the form of recommendations. The Proposer agrees to implement any and all changes in providing services hereunder as a result of a policy change implemented by the City. The Proposer agrees to act in an expeditious and fiscally sound manner in providing the City with input regarding the time and cost to implement said changes and in executing the activities required to implement said changes. 7.58. AUTHORITY OF THE CITY’S PROJECT MANAGER The Proposer hereby acknowledges that the City’s Project Manager will determine in the first instance all questions of any nature whatsoever arising out of, under, or in connection with, or in any way related to or on account of, this Agreement including without limitations: questions as to the value, acceptability and fitness of the services; questions as to either party's fulfillment of its obligations under the Contract; negligence, fraud or misrepresentation before or subsequent to acceptance of the Bid/proposal; questions as to the interpretation of the Scope of Services; and claims for damages, compensation and losses. The Proposer shall be bound by all determinations or orders and shall promptly obey and follow every order of the Project Manager, including the withdrawal or modification of any previous order and regardless of whether the Proposer agrees with the Project Manager's determination or order. Where orders are given orally, they will be issued in writing by the Project Manager as soon thereafter as is practicable. The Proposer must, in the final instance, seek to resolve every difference concerning the Agreement with the Project Manager. In the event that the Project Manager and the Proposer are unable to resolve their difference, the Proposer may initiate a dispute in accordance with the procedures set forth in the section below. Exhaustion of these procedures shall be a condition precedent to any lawsuit permitted hereunder. In the event of such dispute, the parties to this Agreement authorize the City Manager or designee, who may not be the Project Manager or anyone associated with this Project, acting personally, to decide all questions arising out of, under, or in connection with, or in any way related to or on account of the Agreement (including but not limited to claims in the nature of breach of contract, fraud or misrepresentation arising either before or subsequent to execution hereof) and the decision of each with respect to matters within the City Manager's purview as set forth above shall be conclusive, final and binding on the parties. Any such dispute shall be brought, if at all, before the City Manager within 10 days of the occurrence, event or act out of which the dispute arises. The City Manager may base this decision on such assistance as may be desirable, including advice of experts, but in any event shall base the decision on an independent and objective determination of whether the Proposer’s performance or any deliverable meets the requirements of this Agreement and any specifications with respect thereto set forth herein. The effect of any                            829 38 decision shall not be impaired or waived by any negotiations or settlements or offers made in connection with the dispute, whether or not the City Manager participated therein, or by any prior decision of others, which prior decision shall be deemed subject to review, or by any termination or cancellation of the Agreement. All such disputes shall be submitted in writing by t he Proposer to the City Manager for a decision, together with all pertinent information in regard to such questions, in order that a fair and impartial decision may be made. The parties agree that whenever the City Manager is entitled to exercise discretion or judgment or to make a determination or form an opinion pursuant to the provisions of this Article, such action shall be deemed fair and impartial when exercised or taken. The City Manager shall render a decision in writing and deliver a copy of the same to the Proposer. Except as such remedies may be limited or waived elsewhere in the Agreement, the Proposer reserves the right to pursue any remedies available under law after exhausting the provisions of this Article. 7.59. MUTUAL OBLIGATIONS This Agreement, including attachments and appendices to the Agreement, shall constitute the entire Agreement between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereof unless acknowledged in writing by the duly authorized representatives of both parties. Nothing in this Agreement shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where this Agreement imposes an indemnity or defense obligation on the Proposer, the City may, at its expense, elect to participate in the defense if the City should so choose. Furthermore, the City may at its own expense defend or settle any such claims if the Proposer fails to diligently defend such claims, and thereafter seek indemnity for costs and attorney’s fees from the Proposer. 7.60. SUBCONTRACTUAL RELATIONS If the Proposer will cause any part of this Agreement to be performed by a subproposer, the provisions of this Contract will apply to such subproposer and its officers, agents and employees in all respects as if it and they were employees of the Proposer; and the Proposer will not be in any manner thereby discharged from its obligations and liabilities hereunder, but will be liable hereunder for all acts and negligence of the subproposer, its officers, agents, and employees, as if they were employees of the Proposer. The services performed by the subproposer will be subject to the provisions hereof as if performed directly by the Proposer. The Proposer, before making any subcontract for any portion of the services, will state in writing to the City the name of the proposed subproposer, the portion of the services which the subproposer is to do, the place of business of such subproposer, and such other information as the City may require. The City will have the right to require the Proposer not to award any subcontract to a person, firm or corporation disapproved by the City. Before entering into any subcontract hereunder, the Proposer will inform the subproposer fully and completely of all provisions and requirements of this Agreement relating either directly or                            830 39 indirectly to the services to be performed. Such services performed by such subproposer will strictly comply with the requirements of this Contract. In order to qualify as a subproposer satisfactory to the City, in addition to the other requirements herein provided, the subproposer must be prepared to prove to the satisfaction of the City that it has the necessary facilities, skill and experience, and ample financial resources to perform the services in a satisfactory manner. To be considered skilled and experienced, the subproposer must show to the satisfaction of the City that it has satisfactorily performed services of the same general type which are required to be performed under this Agreement. The City shall have the right to withdraw its consent to a subcontract if it appears to the City that the subcontract will delay, prevent, or otherwise impair the performance of the Proposer's obligations under this Agreement. All subproposers are required to protect the confidentiality of the City and City's proprietary and confidential information. The Proposer shall furnish to the City copies of all subcontracts between the Proposer and subproposers and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit of the City permitting the City to request completion of performance by the subproposer of its obligations under the subcontract, in the event the City finds the Proposer in breach of its obligations, and the option to pay the subproposer directly for the performance by such subproposer. The foregoing shall neither convey nor imply any obligation or liability on the part of the City to any subproposer hereunder as more fully described herein. 7.61. PROMPT PAYMENT: LATE PAYMENTS BY PROPOSER TO SUBPROPOSER AND MATERIAL SUPPLIERS; PENALTY: When a proposer receives from the City of Hollywood any payment for contractual services, commodities, materials, supplies, or construction contracts, the proposer shall pay such moneys received to each subproposer and material supplier in proportion to the percentage of work completed by each subproposer and material supplier at the time of receipt. If the proposer receives less than full payment, then the proposer shall be required to disburse only the funds received on a pro rata basis to the subproposers and materials Suppliers, each receiving a prorated portion based on the amount due on the payment. If the proposer without reasonable cause fails to make payments required by this section to subproposers and material suppliers within fifteen (15) working days after the receipt by the proposer of full or partial payment, the proposer shall pay to the subproposers and material suppliers a penalty in the amount of one percent (1%) of the amount due, per month, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed. Retainage is also subject to the prompt payment requirement and must be returned to the subproposer or material supplier whose work has been completed, even if the prime contract has not been completed. The Proposer shall include the above obligation in each subcontract it signs with a subproposer or material suppler. 7.62. TERMINATION FOR CONVENIENCE AND SUSPENSION OF WORK The City may terminate this Agreement if an individual or corporation or other entity attempts to meet its contractual obligation with the City through fraud, misrepresentation or material misstatement.                            831 40 The City may, as a further sanction, terminate or cancel any other contract(s) that such individual or corporation or other entity has with the City. Such individual, corporation or other entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney’s fees. The foregoing notwithstanding, any individual, corporation or other entity which attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement may be debarred from City contracting in accordance with the City debarment procedures. The Proposer may be subject to debarment for failure to perform and any other reasons related to the proposer’s breach or failure of satisfactory performance. In addition to cancellation or termination as otherwise provided in this Agreement, the City ma y at any time, in its sole discretion, with or without cause, terminate this Agreement by written notice to the Proposer and in such event: The Proposer shall, upon receipt of such notice, unless otherwise directed by the City: A. Stop work on the date specified in the notice ("the Effective Termination Date"); B. Take such action as may be necessary for the protection and preservation of the City's materials and property; C. Cancel orders; D. Assign to the City and deliver to any location designated by the City any non-cancelable orders for deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement and not incorporated in the services; E. Take no action which will increase the amounts payable by the City under this Agreement. In the event that the City exercises its right to terminate this Agreement pursuant to this Article, the Proposer will be compensated as stated in the payment articles herein, for the: A. Portion of the services completed in accordance with the Agreement up to the Effective Termination Date; and B. Non-cancelable deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement but not incorporated in the services. All compensation pursuant to this Article is subject to audit. 7.63. EVENT OF DEFAULT An Event of Default shall mean a breach of this Agreement by the Proposer. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include the following: A. The Proposer has not delivered deliverables on a timely basis;                            832 41 B. The Proposer has refused or failed, except in any case for which an extension of time is provided, to supply enough properly skilled staff personnel; C. The Proposer has failed to make prompt payment to subproposers or suppliers for any services; D. The Proposer has become insolvent (other than as interdicted by the bankruptcy laws), or has assigned the proceeds received for the benefit of the Proposer's creditors, or the Proposer has taken advantage of any insolvency statute or debtor/creditor law or if the Proposer's affairs have been put in the hands of a receiver; E. The Proposer has failed to obtain the approval of the City where required by this Agreement; F. The Proposer has failed to provide "adequate assurances" as required under subsection "B" below; and G. The Proposer has failed in the representation of any warranties stated herein. When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Proposer's ability to perform the services or any portion thereof, the City may request that the Proposer, within the time frame set forth in the City's request, provide adequate assurances to the City, in writing, of the Proposer's ability to perform in accordance with terms of this Agreement. Until the City receives such assurances the City may request an adjustment to the compensation received by the Proposer for portions of the services which the Proposer has not performed. In the event that the Proposer fails to provide to the City the requested assurances within the prescribed time frame, the City may: A. Treat such failure as a repudiation of this Agreement; B. Resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the services or any part thereof either by itself or through others. In the event the City shall terminate this Agreement for default, the City or its designated representatives may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 7.64. REMEDIES IN THE EVENT OF DEFAULT If an Event of Default occurs, the Proposer shall be liable for all damages resulting from the default, including but not limited to: A. Lost revenues; B. The difference between the cost associated with procuring services hereunder and the amount actually expended by the City for procurement of services, including procurement and administrative costs; and, C. Such other damages that the City may suffer.                            833 42 The Proposer shall also remain liable for any liabilities and claims related to the Proposer’s default. The City may also bring any suit or proceeding for specific performance or for an injunction. 7.65. BANKRUPTCY The City reserves the right to terminate this contract if, during the term of any contract the Proposer has with the City, the Proposer becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Proposer under federal bankruptcy law or any state insolvency law. 7.66. CANCELLATION FOR UNAPPROPRIATED FUNDS The obligation of the City for payment to a Proposer is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 7.67. VERBAL INSTRUCTIONS PROCEDURE No negotiations, decisions, or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Proposers, which are signed by a person designated as authorized to bind the Proposer, will be recognized by the City as duly authorized expressions on behalf of the Proposer. 7.68. E-VERIFY Proposer acknowledges that the City may be utilizing the Proposer’s services for a project that is funded in whole or in part by State funds pursuant to a contract between the City and a State agency. The Proposer shall be responsible for complying with the E-Verify requirements in the contract and using the U.S. Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired by the Proposer during the Agreement term. The Proposer is also responsible for e-verifying its subproposers, if any, pursuant to any agreement between the City and a State Agency, and reporting to the City any required information. The Proposer acknowledges that the terms of this paragraph are material terms, the breach of any of which shall constitute a default under this Agreement. 7.69. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Proposer shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 7.70. COST ADJUSTMENTS The cost for all items as quoted herein shall remain firm for the first term of the contract. Costs for subsequent years and any extension term years shall be subject to an adjustment only if increases occur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 3% per year or, whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPU-U) (National) as published by                            834 43 the Bureau of Labor Statistics, U.S. Dept. of Labor. The yearly increase or decrease in the CPI shall be that latest index published and available ninety (90) days prior to the end of the contract year than in effect compared to the index for the same month one year prior. Any requested cost increase shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the City shall have the right to receive from the Proposer a reduction in costs that reflects such cost changes in the industry. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the contract can be cancelled by the City upon giving thirty (30) days written notice to the Proposer. 7.71. OSHA STANDARDS Proposer acknowledges and agrees that as Contractor for the City of Hollywood, Florida, within the limits of the City of Hollywood, Florida, will have the sole responsibility for compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agrees to defend, indemnify and hold harmless the City of Hollywood, Florida, its officials, employees, service providers, and its agents against any and all legal liability or loss the City of Hollywood, Florida may incur due to the Contractor's failure to comply with such act.                            835 44 8. PROPOSAL SUBMISSIONS The responsibility for submitting a bid/proposal on or before the time and date is solely and strictly the responsibility of the bidder/proposer, the City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. No part of a bid/proposal can be submitted via FAX or via direct Email to the City. No variation in price or conditions shall be permitted based upon a claim of ignorance. 8.1. SUBMITTAL FORMAT* The items below are required components of your solicitation response in order for your bid/proposal/submittal to be consider responsive and responsible. Please confirm this submittal includes the following items in this checklist: A. Title Page: Show the RFP title/number, firm’s name, address, telephone number, contact person, email, and date. B. Table of Contents: Clearly identify the material by section title and page number, including the following sections: 1. Approach and Methodology 2. Environmental benefits 3. Vendor Capabilities 4. Driver's Qualifications 5. Firm's Qualifications 6. ADA Compliance 7. Maintenance/Recovery Plan 8. Risk Mitigation Plan 9. References 10. Pricing 11. Additional/Pertinent Information (Optional) C. Forms and Certifications (Completed) 1. This Submittal Checklist Confirmation 2. Bid Form (Pricing) 3. Vendor Reference Form* 4. Hold Harmless and Indemnity Clause 5. Non-Collusion Statement 6. Sworn Statement…Public Entity Crimes                            836 45 7. Certifications Regarding Debarment 8. Drug-Free Workplace Program 9. Solicitation, Giving, and Acceptance 10. W-9 (Request for Taxpayer Identification) 11. Certificate(s) of insurance that meet the requirements of the #SPECIAL TERMS AND CONDITIONS section. 12. Proof of State of Florida Sunbiz Registration 13. Acknowledgement and Signature Questionnaire This checklist is only a guide, please read the entire solicitation to ensure that your submission includes all required information and documentation. ☐ Please confirm *Response required 8.2. Bid Form * Upload pricing information in accordance with the scope and using the structure of Exhibit C - Pricing. Creative and optional pricing can be uploaded as separate attachments. *Response required 8.3. Vendor Reference Form* Please download the below documents, complete, and upload for each vendor reference. A Minimum of three (3) references are required. • Vendor_Reference_Form.pdf *Response required 8.4. Hold Harmless and Indemnity Clause * I, an authorized representative, the contractor, shall indemnify, defend and hold harmless the City of Hollywood, its elected and appointed officials, employees and agents for any and all suits, actions, legal or administrative proceedings, claims, damage, liabilities, interest, attorney’ s fees, costs of any kind whether arising prior to the start of activities or following the completion or acceptance and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part by reason of any act, error or omission, fault or negligence whether active or passive by the contractor, or anyone acting under its direction, control, or on its behalf in connection with or incident to its performance of the contract. ☐ Please confirm *Response required                            837 46 8.5. Non-Collusion Statement* I, being first duly sworn, depose that: A. He/she is an authorized representative of the Company, the Proposer that has submitted the attached Proposal. B. He/she has been fully informed regarding the preparation and contents of the attached Proposal and of all pertinent circumstances regarding such Proposal; C. Such Proposal is genuine and is not a collusion or sham Proposal; D. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the contractor for which the attached Proposal has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm or person to fix the price or prices, profit or cost element of the Proposal price or the Proposal price of any other Proposer, or to secure an advantage against the City of Hollywood or any person interested in the proposed Contract; and E. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. ☐ Please confirm *Response required 8.6. Sworn Statement Public Entity Crimes* Please download the below documents, complete, and upload. • Sworn_Statement_Public_Enti... *Response required 8.7. Certifications Regarding Debarment, Suspension and Other Responsibility Matters* The applicant certifies that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with                            838 47 obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. ☐ Please confirm *Response required 8.8. Drug-Free Workplace Program* A. IDENTICAL TIE PROPOSALS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 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 business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 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 employee 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.                            839 48 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program (if such is available in the employee’s community) by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of these requirements. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ☐ Please confirm *Response required 8.9. Solicitation, Giving, and Acceptance of Gifts Policy* Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. “No Public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.” The term “public officer” includes “any person elected or appointed to hold office in any agency, including any person serving on an advisory body.” The City of Hollywood/Hollywood CRA policy prohibits all public officers, elected or appointed, all employees, and their families from accepting any gifts of any value, either directly or indirectly, from any contractor, vendor, consultant, or business with whom the City/CRA does business. The State of Florida definition of “gifts” includes the following: • Real property or its use, • Tangible or intangible personal property, or its use, • A preferential rate or terms on a debt, loan, goods, or services, • Forgiveness of indebtedness, • Transportation, lodging, or parking, • Food or beverage, • Membership dues, • Entrance fees, admission fees, or tickets to events, performances, or facilities, • Plants, flowers or floral arrangements • Services provided by persons pursuant to a professional license or certificate. • Other personal services for which a fee is normally charged by the person providing the services.                            840 49 • Any other similar service or thing having an attributable value not already provided for in this section. Any contractor, vendor, consultant, or business found to have given a gift to a public officer or employee, or his/her family, will be subject to dismissal or revocation of contract. As the person authorized to sign the statement, I certify that this firm will comply fully with this policy. ☐ Please confirm *Response required 8.10. W-9 (Request for Taxpayer Identification)* Please download the below documents, complete, and upload. • W-9.pdf *Response required 8.11. List of Subcontractors* Please download the below documents, complete, and upload. • Form_14_-_List_of_Subcontra... *Response required 8.12. Certificate of Insurance* See requirements in the #SPECIAL TERMS AND CONDITIONS section. *Response required 8.13. Proof of Sunbiz Registration* Enter company FEIN to be verified in Sunbiz *Response required 8.14. ACKNOWLEDGMENT AND SIGNATURE PAGE 8.14.1. If Corporation - Date Incorporated/Organized:* *Response required 8.14.2. State Incorporated/Organized:* *Response required 8.14.3. Remittance Address* *Response required 8.14.4. Bidder/Proposer’s Authorized Representative’s Typed Full Name* *Response required                            841 50 8.14.5. IT IS HEREBY CERTIFIED AND AFFIRMED THAT THE BIDDER/PROPOSER CERTIFIES ACCEPTANCE OF THE TERMS, CONDITIONS, SPECIFICATIONS, ATTACHMENTS AND ANY ADDENDA. THE BIDDER/PROPOSER SHALL ACCEPT ANY AWARDS MADE AS A RESULT OF THIS SOLICITATION. BIDDER/PROPOSER FURTHER AGREES THAT PRICES QUOTED WILL REMAIN FIXED FOR THE PERIOD OF TIME STATED IN THE SOLICITATION.* ☐ Please confirm *Response required 8.14.6. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER/PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID/PROPOSAL NON- RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID/PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER/PROPOSER TO THE TERMS OF ITS OFFER.* ☐ Please confirm *Response required 8.14.7. Proposal Upload* Submit entire proposal including Title Page, Table of Contents, etc. *Response required                            842 City-Wide Micro-Transit Services 16 of 18 EXHIBIT C – Company’s Proposal                            843 A. Title Page Request for Proposal RFP04523SK For The Citywide micro-transit Services City of Hollywood, Florida Prepared for: City of Hollywood Senior Purchasing Agent Attn: Simone Knight 2600 Hollywood Boulevard Room 303 Hollywood, FL 33020 Date:March 8, 2023 Prepared by:Circuit Transit Inc 777 S Flagler Drive Suite 800 W West Palm Beach, FL 33401 Contact Person:Jason Bagley, National Partner jason@ridecircuit.com | 3054941612                            844 A.1 Cover Letter Circuit Transit Inc ridecircuit.com March 8, 2023 City of Hollywood Senior Purchasing Agent Attn: Simone Knight 2600 Hollywood Boulevard Room 303 Hollywood, FL 33020 Re: Request for Proposals RFP04523SK for The City of Hollywood, Florida Citywide micro-transit Services Dear City of Hollywood, This submission is in response to the Request for Proposals RFP for City of Hollywood micro-transit Shuttle Service.Thank you for the opportunity to submit our proposal to the City of Hollywood. This proposal will show that Circuit Transit Inc (operator of Hollywood Sun Shuttle and Fort Lauderdale Circuit, etc.) has the proven capabilities and background in providing a sustainable on-demand shuttle program, as well as relevant and specific experience in Broward County, local knowledge and familiarity with the City. Circuit is an active service provider in Hollywood, Florida, that is responsible for the successful deployment and management of the Sun Shuttle as well as similar services with Cities in South Florida, Brightline Trains and other Cities in NY, NJ, CA and TX. Circuit provides all electric, first/last mile solutions that help move people in local communities and bridge gaps between riders and existing transit. By using fleets of electric vehicles, leveraging the data from its ride-request app, and working with top advertisers, Circuit is able to provide an eco-friendly, data-centric and efficient solution that promotes circulation, reduces parking congestion, promotes local economic development, reduces vehicle miles traveled, encourages alternate options, creates local jobs, and covers the last mile conveniently and affordably to the rider. Circuit has worked with the CIty of Hollywood and the Hollywood Community Redevelopment Agency since 2019 to design, build, and manage the Hollywood Sun Shuttle. The program is currently moving around 12,000 riders per month, is responsible for creating approximately 20 jobs, and has continued to improve and become a fixture of the Hollywood Community. Together, we have been able to craft a program that has gotten the attention of the press, local officials and nearby Cities; several of which have since enacted similar programs of their own. Hollywood has set an example for efficient, eco-friendly mobility that changes how communities move. The Sun Shuttle has “Exceed(ed) Expectations”1 and the overwhelming demand from riders has showcased the need for transportation services in the City. The team is excited about the opportunity to build upon the existing services and craft an updated approach to the community. 1 https://hollywoodgazette.com/sun-shuttle-is-very-successful/ City of Hollywood RFP04523SK for Citywide micro-transit Services Page 2 of 123                            845 Circuit is the largest and most experienced operator of shared, on-demand, last-mile EV shuttle services in the US. With successful operations in 40 markets across South Florida, California, Texas, New York, New Jersey, and California, Circuit provides both national expertise and local experience. In South Florida, Circuit operates in Fort Lauderdale, Pompano Beach, Hollywood, West Palm Beach, Palm Beach, and Miami, as well as a 40 cars servicing Brightline Trains, across 5 stations in the area. With more than 350 employees and 190 vehicles, Circuit has the team, resources and experience to optimize mobility for Hollywood. Over the past five years, Circuit has engaged with stakeholders and businesses in the City of Hollywood and is very familiar with the local transportation needs and community. We have years of data that can be used to improve this program and inform the City of the movement of residents and visitors. The community support has been incredible and we’re honored to be a part of Hollywood’s growth. The company's officers and project leads are as follows: Alexander Esposito CEO / Co-Founder Email: alex@ridecircuit.com Tel: 5164468513 Address: 780 S. Sapodilla Ave West Palm Beach, FL 33401 Jason Bagley Partner, National Operations Email: jason@ridecircuit.com Tel: 3054941612 Address: 1305 SW 8th Ave Fort Lauderdale, FL 33315 Alexander and Jason have the authority to negotiate and contractually obligate the company. Jason will be the primary point of contact for this program and can be contacted for further clarification. If selected, we are committed to working with the City to provide a turn-key on-demand service designed to meet the needs outlined in this RFP. Circuit appreciates your review of our submission and welcomes any questions that you may have. Sincerely, Jason Bagely Partner, Circuit Transit Inc Circuit’s corporate headquarters are located at 777 S. Flagler Drive, Suite 800 West Tower, West Palm Beach, FL 33401. Circuit also has local offices located at 2031 Harrison St, Hollywood, FL 33020 and existing infrastructure, including a large local fleet of all electric Polaris GEMs e6, electric sedans, and electric passenger vans. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 3 of 123                            846 B. Table of Contents A. Title Page 1 A.1 Cover Letter 2 B. Table of Contents 4 B1. Approach and Methodology 7 B1.1 Service Planning, Research and Analysis 7 B1.1.1 Existing Services in Hollywood and South Florida 8 B1.1.2 Local Research, Current Hollywood Sun Shuttle, and Discovery 10 B1.2 Our Project Plan 15 B1.2.1 Proposed Operating Plan:16 B1.2.2 Alternate Options for On-Demand Services 21 B1.2.3 Alternate Operating Plan A21 B1.2.3 Alternate Operating Plan B 22 B1.2.4 Alternate Operating Plan C23 B1.2.2 Drivers 25 B1.2.3 Technology 26 B1.2.4 Timeline 27 B1.2.4 Project Team and Organizational Chart 27 B2. Environmental & Sustainability Benefits 29 B3. Vendor / Contractor Capabilities 30 B3.1 Background on Circuit 30 B3.2 General Company Information CONFIDENTIAL 31 B3.3 Financial Capabilities CONFIDENTIAL 34 B3.4 Revenue and Funding Capabilities 34 B3.4.1 Advertising Capabilities 34 B3.4.2 Fare Revenue Capabilities CONFIDENTIAL 35 B3.4.3 Grant Sourcing Capabilities 36 B3.5 Technological Capabilities CONFIDENTIAL 36 B3.5.1 Ride Request App 37 B3.5.2 Driver App Capabilities 38 B3.5.3 On Demand Coverage Zones and the Smart Stop Approach 39 B3.5.4 Using Data to Steer Service Operations 39 B3.6 Vehicle Capabilities 40 B3.7.1 Vehicle Maintenance Capabilities 42 B3.7 Driver Capabilities 43 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 4 of 123                            847 B3.7.1 Driver Model 43 B3.8 Customer Service Capabilities 45 B4. Driver’s Qualifications 46 B4.2. Training 47 B4.2.1 Certifications 48 B4.2.2 Drug Testing and Hiring Standard 48 B5. Firm’s Qualifications and Experience 48 B5.1 Experience Overview 49 B5.1.1 Experience Overview 49 B5.1.2 Neighborhood Electric Vehicle Operations & Maintenance Experience 49 B5.1.3 Micro-Transit Operations Experience 50 B5.1.4 Community Engagement Experience 51 B5.2 Project Experience 53 B5.2.1 Past Project Experience- Hollywood Sun Shuttle 53 B5.2.2 Past Project- FRED 54 B5.2.3 Additional Past Project Experience 55 B5.3 References 55 B5.4 Customer Testimonials Confidential)56 B6. ADA Compliance 57 B6.1 ADA Compliance Plan 57 B7. Maintenance / Recovery Plan 58 B7.1 Commitment to Avoid Service and Operation Disruptions 58 B7.2 Scenario Response 59 B8. Risk Mitigation 59 B8.1 Emergency Management Plan 59 B8.2 Risk Mitigation Plans 60 B9. Local Vendor Preference 63 B9.1 Local Hollywood Presence 64 B10. Pricing 66 B10.1 Fixed Pricing Rate Proposed Option 66 B10.2 Circuit Alternative Pricing Options Hollywood RFP 2023 68 B10.3 Unbanked Riders 70 C. Completed Forms and Certifications 71 C1. This Submittal Checklist Confirmation 71 C2. Bid Form Pricing) CONFIDENTIAL 72 C3. Vendor Reference Forms 75 C4. Hold Harmless and Indemnity Clause 78 C5. Non-Collusion Statement 79 C6. Sworn Statement…Public Entity Crimes 80 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 5 of 123                            848 C7. Certifications Regarding Debarment 82 C8. Drug-Free Workplace Program 83 C9. Solicitation, Giving, and Acceptance 84 C10. W9 Request for Taxpayer Identification)85 C11. List of subcontractors 86 C12. Certificate(s) of insurance 87 C13. Proof of State of Florida Sunbiz Registration 89 Appendix 91 Appendix 1 Letters of Support 91 Appendix 1.1 Rider Letter of Support:91 Appendix 1.2 Letters of Support:98 Appendix 1.2.1 Water Taxi 98 Appendix 1.2.2 Downtown Development Authority, WPB 99 Appendix 1.2.3 Cityfi 100 Appendix 1.2.4 Billy’s Stone Crab 101 Appendix 1.2.5 World Tire Inc.102 Appendix 1.2.6 Margaritaville 103 Appendix 1.2.7 Le Tub, Tiki Tiki, GG’s 104 Appendix 1.2.8 Diplomat Beach Resort Valet Services)105 Appendix 2 Example of Data Report 106 Appendix 2.1 February 2023 Hollywood Data Report 106 Appendix 3 Case Studies 112 Appendix 3.1 Hollywood Case Study 112 Appendix 3.2 Brightline Case Study 115 Appendix 3.3 San Diego Case Study 118 Appendix 4 Additional Past Project Experience 120 Appendix 4.1 New Rochelle NY 120 Appendix 4.2 Brightline 120 Appendix 4.3. West Palm Beach, FL 121 Appendix 4.4 Pompano Beach, FL 121 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 6 of 123                            849 B1. Approach and Methodology In 2019, Circuit and the City of Hollywood crafted one of the most advanced Neighborhood Electric Vehicle NEV shuttle services that had ever been deployed in Florida. Circuit is very pleased to provide our plan to the City of Hollywood in its endeavor for the next generation of transportation access in Hollywood. Circuit is eager to continue to operate the Hollywood Sun Shuttle as an active, engaged and embedded partner of the City and business communities. We are very excited to evolve the current Sun Shuttle service and match the needs of the RFP. We understand that the City wants to offer dynamic allocated routes and schedules to match consumer demand and support the upcoming fixed route community shuttle services. Over the last four years, Circuit and the City of Hollywood have worked in partnership to provide residents and visitors with a micro-transit mobility offering that is effective, sustainable, supports the local business community and provides a fun experience for riders. We look forward to the next iteration of transportation offerings in Hollywood, and hope that with our carefully crafted service operations plan, we will continue to work in partnership to support the City's transportation goals for its residents and visitors. The team at Circuit is incredibly proud of the work it’s accomplished with the City of Hollywood over the past 4 years.“Sun Shuttle Exceeds City’s Expectations”Hollywood Gazette) was in the headline of an article a few months after the service started and the service, team and technologies have continued to improve ever since. Not only is the Sun Shuttle exceeding the City’s expectations, together we’ve crafted a service that is exceeding the performance of nearly every other On-Demand service in the country. Since starting, other new vendors have come about and new technologies have been introduced, but when comparing ridership, ridership per vehicle hour, rider feedback and the cost per rider, there are few, if any services, run by other operators that have been able to achieve the demand and performance that we have in Hollywood. We’re committed to the City and committed to improving the Sun Shuttle for years to come. B1.1 Service Planning, Research and Analysis We've spoken with our Managers, Supervisors and Driver Ambassadors, surveyed riders, analyzed our historical data, and are confident that we can continue to deliver, and improve upon, a successful mobility option for the residents, visitors and community members of the City of Hollywood as we have since 2019. With 12 years, 190 vehicles, 9 states and 24 cities of operations, Circuit brings its national experience and network to the benefit of each City it works with. Our roots are in South Florida and specifically Broward and Palm Beach counties, where we have operated since 2011. Based on RFP Exhibits A and B, and the desire to operate three separate micro-transit zones, we have designed a service that is supportive of the City's goals, will continue to partner with the business community, is user friendly for the residents and visitors and complementary to the City's upcoming fixed-route community shuttles. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 7 of 123                            850 B1.1.1 Existing Services in Hollywood and South Florida Since 2019, the City of Hollywood has partnered with Circuit to provide a 100% electric micro-transit solution for residents and visitors. For just $2 per rider, the Circuit-operated Hollywood Sun Shuttle takes riders anywhere within the coverage area zone through our on-demand app or by waving down a driver. Hollywood has been a model city in the region and the services have been highly utilized and immensely popular among riders in the community. For more information on the existing service, please see below: Hours of Service ●Monday:1000am 900pm ●Tuesday:1000am 900pm ●Wednesday:1000am 900pm ●Thursday:1000am 900pm ●Friday:1000am 1000pm ●Saturday:1000am 1000pm ●Sunday:1000am 900pm Total hours of operation/week: 79 Vehicles ●Eight 5Passenger 6 seat) GEM Vehicles available during the Summer Months ●Ten 5 Passenger 6 seat) GEM Vehicles available during the Winter and High Season Months ●One ADA 3 Passenger 4 seat) GEM Vehicle available year round ●One 12Passenger 13 seat) Ford ETransit Electric Van Drivers/ Ambassadors: ●19 Total Staff, 14 of which are Hollywood Residents City of Hollywood RFP04523SK for Citywide micro-transit Services Page 8 of 123                            851 ○7 Full Time ○12 Part Time Ridership: ●Total Riders/Month (past three months since RFP March 2023 submission) ○Jan 2023 11,070 ○Feb 2023 11,803 ●Average Riders/Ride (past three months since RFP March 2023 submission) ○Jan 2023 1.75 ○Feb 2023 1.88 ●2022 Total Ridership in Hollywood 146,710 riders! Note: These are logged riders and may skew 814% below the actual ridership Fare: ●Free (from launch in April 2019 to April 2021 ●$1 (started April 2021 ●$2 (started April 2022 to Present) ●$18,399 (returned/credit to City of Hollywood in February 2023 Coverage area: FEBRUARY 2023 HEATMAP CURRENT GEOFENCED SERVICE AREA Western Hollywood Pilot Service Expansion- starting March 13 2023 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 9 of 123                            852 Upcoming March 2023 Western Hollywood Service Expansion Pilot Circuit,at no additional expense to the City, and in an effort to further support understanding Hollywood travel patterns, is working with the City Engineering department to conduct a pilot program using EV vans and our existing rider app to offer service west of our existing coverage area. If selected for the RFP we hope to leverage the information from this pilot to better inform the structure of future MTZ Zone 3 services. B1.1.2 Local Research, Current Hollywood Sun Shuttle, and Discovery After reviewing the details of the RFP, we immediately began our planning and analysis process. Fortunately, with four years of operating experience in Hollywood, FL, we were able to leverage feedback from our existing riders, driver ambassadors and the local business community, our review of the RFP and the Counties transportation systems, and use historical data from our Circuit on-demand rider and driver applications as well as our growing and evolving data reporting dashboard, to inform what we believe are the best options for the community within the parameters of the RFP. What We’ve Learned from Our Riders, Drivers and the Local Business Community City of Hollywood RFP04523SK for Citywide micro-transit Services Page 10 of 123                            853 In evaluating this opportunity, we started with the community. We hit the streets, spoke with Driver Ambassadors, rode along with our riders, and reviewed rider feedback from our application and our rider surveys: Feedback from our drivers ●We are the “tour guides” for the city! Our Driver Ambassadors know Hollywood, and we help bring people back to Hollywood. The resorts, hotels, businesses, all rely on us to help drive business. ●Residents would like us to expand to additional areas, including areas further West. ●More Circuit cars on the road- leading to faster pick up times and less delays! ●There are four major categories of people who use this service. ○Senior population 65relies on Circuit to get to the grocery store, post office, pharmacy. Some do not have cars and are on fixed incomes. They need Circuit more than ever, we have developed trust with many Hollywood seniors, and they’ve come to rely on the service. For some, it is a necessity for them. ○Tourists and visitors often say “I wish I had this in our city! Many report to us that they love using the service; knowing Circuit is there gives visitors a peace of mind, that is why they love coming back to Hollywood and exploring the Downtown area. ○Residents and commuters who use Circuit to get to work every day. ○Local residents use us to get to the beach and businesses downtown as a hassle and drive-free option. Feedback from riders ●“Keep Circuit going. Your drivers are very nice. Circuit is much needed and much appreciated.” ●“Circuit prevents a lot of DUIs, accidents, and potential loss of life.” ●“Circuit is one of the things that makes Hollywood great ” ●“I enjoy Circuit. I love it when it's a nice day to just sit and relax while someone else drives.” ●“Circuit is great, I love having the windows-down, casual transportation option.” ●“With Circuit, I never have to worry about sitting in traffic with my car. I take it to/from my home to downtown and the restaurants at the Boardwalk, all while helping the environment- no gas! I love it!” ●“Circuit is a blessing for me. I don’t have a car and I’m handicapped, so I’m limited in my ability to walk distances. Circuit allows me to go grocery shopping, run errands, and even go to the beach. Im super grateful- we need more Circuit everywhere- protect our earth from car pollution and continue to offer low cost rides. Thank you.” Feedback from local business community ●“Circuit is a great addition to the community helping locals and tourists safely move around the city in an eco friendly manner. During the COVID19 Pandemic, Billy's stone crab and Circuit teamed up for deliveries to help people during quarantine. Thank you for your amazing services and helping our community!” Billy’s Stone Crab ●"We are very pleased with the results of our marketing efforts with Circuit. The combination of a wrapped vehicle along with conscientious coupon distribution by the drivers has been very effective for Rita's of Hollywood." Jody Ralfkind, Rita’s, Marketing & Community Outreach Director Letters of Support- Hollywood Riders City of Hollywood RFP04523SK for Citywide micro-transit Services Page 11 of 123                            854 In addition to the Business Support Letter, Circuit recently also published a “Letter of Support” that went out to Hollywood Sun Shuttle riders. The document received over 122 signatures, ranging from residents 72, visitors 40, local business owners 7, and others 3. Please view Appendix 1 to reference the Letter of Support Riders) and Signatures. Letters of Support- Local Businesses We’ve received numerous Letters of Support from local businesses which can be seen in Appendix 1.2 Hollywood Sun Shuttle Rider Survey We conducted a survey at the end of 2022, prior to the RFP being released and to obtain qualitative feedback from riders in Hollywood. The survey received 700 responses from South Florida Circuit riders and 141 of these respondents noted that they use Circuit primarily in Hollywood. Based on the questions and responses we learned: ●94% responded “Yes” to the question “Do you think Circuit is a good addition to your community?” ●81% responded “Yes” to the question, “Does Circuit help you save money on transportation?” ●88% responded “Yes” to the question “Would you like to see more Circuit cars in service?” We were also excited to see the large number of respondents that used the service to go to Grocery Stores, Restaurants, Local Stores, and other areas of commerce. Based on our assessment and analysis of weighted average “spends” in these types of businesses, current ridership and industry publications2, we can confidently say that the service contributes to over $350k/month in economic activity. 2 https://www.apta.com/research-technical-resources/research-reports/economic-impact-of-public-transportation-investment/ City of Hollywood RFP04523SK for Citywide micro-transit Services Page 12 of 123                            855 February 2023 Data Analysis from Existing Sun Shuttle and Methodology From this February 2023 Data Review we learned: ●Top 5 Pickup Locations and Dropoff located continue to skew towards serving leisure riders ●49% of the monthly rides were “pooled” meaning there are more than one group per ride. This is a key component to combating congestion and a key feature of the Circuit App. ●The busiest time of service is 3pm-6pm, however some riders have indicated they’d like to be able to use the service to commute in the morning In February 2023, the top five drop off and pick up areas for the Hollywood Sun Shuttle overwhelmingly showcased ridership patterns that riders are using the Sun Shuttle for shopping at Publix and for leisure trips to and from restaurants downtown and the beach. As showcased below in ridership broken down both hourly and weekly, weekend trips see the busiest service days with service dipping on Wednesdays. Ridership sees daily peak times between 2pm and 6pm, and begins to drop off by 7pm. February 2023 Ridership Average Weekday Ridership City of Hollywood RFP04523SK for Citywide micro-transit Services Page 13 of 123                            856 February 2023 Ridership Average Hourly Ridership February 2023 Heatmap Top Five Pickup Locations Feb 2023 Address 1 Margaritaville Hollywood Beach Resort 2 Publix Supermarket at Hollywood Circle City of Hollywood RFP04523SK for Citywide micro-transit Services Page 14 of 123                            857 Address 3 Mobility Hub 320 Johnson St. Hollywood FL 33019 4 Beach Pickup 1111 N Ocean Dr. Hollywood FL 33019 5 The Diplomat 3555 S Ocean Dr. Hollywood FL 33019 Top Five Drop off Locations Feb 2023 Address 1 Margaritaville Hollywood Beach Resort 2 Publix Supermarket at Hollywood Circle 3 GG’s Waterfront Ocean Resort 4 Twin Peaks Hollywood Blvd 5 DoubleTree Resort by Hilton Hollywood Beach In determining expected ridership and number of cars needed, Circuit’s team analyzed past and current Sun Shuttle data, in contrast to the given upcoming Community Shuttle routes and schedules, to determine the best service hours for the MTZ zones, and how this will impact fares and net costs. Circuit can use this data to help the City and County in crafting community shuttle routes and stops. Circuit, if the City is interested in pursuing this option, can also set up predetermined pickup and dropoff spots around the zone that align the upcoming stops for the community shuttle routes. Example: Red Line Route from Exhibit A of the RFP Left) and a heatmap of common pickup and dropoff areas from Circuit’s database Right). B1.2 Our Project Plan City of Hollywood RFP04523SK for Citywide micro-transit Services Page 15 of 123                            858 Circuit understands the City’s Goals for this RFP and we have crafted a program that meets the needs of the community and is confident that in partnership with the upcoming Community shuttles, the Hollywood Sun Shuttle will continue to support mobility options and reduce traffic congestion. We're one of the few providers with experience operating numerous electric vehicles (and types of electric vehicles) as part of the same fleet. The existing Sun Shuttle’s fleet includes standard and ADA GEM Neighborhood Electric Vehicles NEVs) and Ford ETransit EV Vans. Expanding upon our existing fleet of electric vehicles, existing team of local W2 driver ambassadors, and the Circuit on-demand rider and driver mobile applications, Circuit is prepared to continue to deliver best in class services for the City of Hollywood, as detailed in our operating plan and alternative plans listed below. B1.2.1 Proposed Operating Plan: Circuit is willing and eager to run a program that is designed to meet all of the requirements of this RFP. Additionally, as detailed in the alternate options below, Circuit would like to work with the City to explore what modifications to the service details, operating hours, vehicle types and coverage areas can be adopted in an effort to maximize cost savings, the effectiveness of the on-demand services and to promote ridership on the fixed route Community Shuttles.Circuit is also willing to pilot new areas of Hollywood to test and determine needs, usage and long term feasibility of the respective communities. Following the guidelines set forth in the RFP, Circuit will structure a service that adheres to the City’s vision, however Circuit has also offered a few alternative options for consideration. If selected, the Circuit team would love to work closely with City staff and local stakeholders to review and refine the operating plan as desired, to best meet the needs of the community within the available budget. These plans can all be adjusted and it is our hope that these examples provide further context around what modifications might be considered. Proposed Operating Plan Quick Facts: ●Total Hours Per Week:56 ●Total # of EV Vans 4 ●Total # of GEM NEV Cars:2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:3 Separate Zones ●Notes:This option is based on the hours indicated by the RFP, broken out by the zones indicated in the RFP and within the range of the current service budget. This service would reduce the number of hours compared to the current operation. Days & Hours of Operation Based on our existing data we propose the following service hours per zone. Based on seasonality and demand patterns we can amend these hours as needed or at the request of the City of Hollywood. ○MTZ Zone 1 Seven days a week, eight hours a day 12 8pm ET ○MTZ Zone 2 Seven days a week, eight hours a day 12 8pm ET ○MTZ Zone 3 Seven days a week, eight hours a day 10am 6pm ET City of Hollywood RFP04523SK for Citywide micro-transit Services Page 16 of 123                            859 Coverage Areas MTZ Zone 1 MTZ Zone 2 MTZ Zone 3 *Note: MTZ3 could be extended in the northeast corner to include service for the Hollywood Tri-Rail Station City of Hollywood RFP04523SK for Citywide micro-transit Services Page 17 of 123                            860 Vehicles Seven 7 Vehicles in Total ●Three 3 Ford ETransit EV Van ○Electric Vehicle ○Model year 2022 or newer, all weather ○12 passenger seats + driver, 0 ADA positions ●One 1 Wheelchair Accessible Ford ETransit EV Van ○8 passenger seats + driver, 1 ADA position ○Flexible to move to any of the MTZ’s when and ADA trip is requested ●Two 2 GEM e6 Neighborhood Electric Vehicle) NEV vehicles ○Electric Vehicle ○Model year 2020 or newer, all weather ○5 passenger seats + driver, 0 ADA positions ●One 1 Wheelchair Accessible GEM NEV vehicles Bonus No Additional Cost) ○Electric Vehicle ○Model year 2020 or newer, all weather ○3 passenger seats + driver, 0 ADA positions Vehicle allocation by zone ●MTZ 1 1 Ford eTransit EV Van, 1 GEM NEV ●MTZ 2 1 Ford eTransit EV Van, 1 GEM NEV ●MTZ 3 2 Ford eTransit EV Vans ●Total 7 6 Vehicles + 1 Extra Standby ADA NEV One Ford EV Van is a Wheelchair Accessible Vehicle WAV with eight passenger seats including the wheelchair, as well as one ADA GEM with four passenger seats including the wheelchair. The ADA Van will be available to move between zones as needed. As we already have a Sun Shuttle branded Wheelchair Accessible GEM car in the market we would bonus that vehicle at no additional cost to the City. Per our existing Sun Shuttle ridership data, we see 68 WAV requests per month on average. For this program, we propose all-electric GEM e6 vehicles and Ford ETransit EV Vans- one of which is wheelchair accessible WAV . These cars will operate in a demand-based coverage area with point to point service where riders can request a ride to/from any location within the geo-fenced service map. These vehicles allow for easy boarding and Circuit’s pooling algorithm will further reduce single occupancy vehicle trips by linking riders headed in the same direction, with parameters specified in coordination with the City. For further information about these vehicles and their specifications and capabilities please refer to Section B3.6 Vehicle Capabilities. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 18 of 123                            861 Fares Historical Information Sun Shuttle initially started as free to the user. In April of 2021, at a renewal of the contract, Circuit was asked to implement a $1 fare to control demand and offset some cost to the City. In April of 2022 it was decided to increase the fare to $2 per rider after the initial success of the fare implementation. Fortunately, we found that the fares did not negatively impact total ridership, and in fact led to higher efficiency due to reduced cancellations from riders. The Sun Shuttle service has been incredibly popular, so there are times where demand outweighs supply and wait times begin to climb. The fare program is a valuable tool in controlling demand and reducing cancellations. Proposed Fare Rate Confidential) The $2 rate continues to be met with little resistance, has helped efficiency, and reduced frivolous trips. We are confident that for this expanded service $2 would continue to be an appropriate fare, with the potential to increase to $3 per rider for on demand service. It could be capped at a set amount so that large groups are not paying $12 or $15 but rather cap the group fare at $7. Additionally, Circuit is building a zone pricing feature in its app so that it will be able to offer the City the option to adjust pricing based on zones. For example, the structure could be set that within a single zone the fare is $2, however if you travel between zones it increases to $3. There is also the option to provide free rides via promo codes. Hollywood riders could ride free in September, for example. Partnership with the Local Business Community We appreciate the City's intentions to tie in with the local business community and we've demonstrated our ability to work with local businesses in Hollywood, working with partners like The Water Taxi, Billy’s Stone Crabs, the Hollywood CRA to promote local events such as Art Walk, Hollyweird and Dream Car Classic, and other local stores, restaurants, and attractions. We've also built a system where we can pre-sell discount/promo codes to businesses so they can offer those codes to their customers. For example, Rita’s is one of our current advertisers, and we can provide “discount coupons” to riders, driving business to the local Rita’s stores. This concept has been well received and we will make an effort to review this, and other ways to encourage buy-in from the local business community through targeted marketing campaigns and activities. We also work with the City of Hollywood and their Marketing team on awareness and education activations, such as the “Turtle Nesting” campaign from March 2023 October 2023. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 19 of 123                            862 Grocery Distributions (during COVID, in partnership with Feeding South Florida City of Hollywood RFP04523SK for Citywide micro-transit Services Page 20 of 123                            863 B1.2.2 Alternate Options for On-Demand Services Our alternative approaches are explained in more detail below, and have the capabilities to make the micro-transit service more robust and cost effective. While increased services may increase total costs, these services allow the City to get more “bang for the buck”. Circuit is prepared to operate the service in adherence to the RFPs specifications as we have laid out in our proposed operating plan, but we wanted to bring to the City’s attention our alternative approaches as a means to serve more riders and provide a connection to other communities and mass transit. B1.2.3 Alternate Operating Plan A The 1st element of the proposed alternative plan involves joining MTZ 1 and 2 in an effort to provide more circulation along the barrier island and around downtown as well as seamless connectivity between downtown and the beach. Coverage Areas Alternate combined MTZ1 & 2 to service the barrier island and downtown and to connect both later in the evening after some Community Shuttle routes ceases operations at 5pm City of Hollywood RFP04523SK for Citywide micro-transit Services Page 21 of 123                            864 Alternate MTZ3 service area to include Hollywood Tri-Rail station and the option to extend to Memorial Regional Hospital Alternate Option A Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans 4 ●Total # of GEM NEV Cars:2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:MTZ 1 and MTZ2 become combined into a bigger zone with 2 EV Vans and 2 GEMs. MTZ 3 remains as its own zone, with slightly adjusted coverage area to include Tri-Rail and Memorial Regional Hospital, serviced with 2 EV Vans. ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP, by approx 41%, while only increasing costs by approx 22%. B1.2.3 Alternate Operating Plan B Alternate Option B Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans Peak Season): 4 ●Total # of EV Vans Low Season): 4 ●Total # of GEM NEV Cars Peak Season):2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Total # of GEM NEV Cars Low Season):2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:MTZ 3 remains as its own zone, with slightly adjusted coverage area, MTZ 1 and MTZ 2 become combined into a bigger zone. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 22 of 123                            865 ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. B1.2.4 Alternate Operating Plan C Alternate Option C Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans Peak Season): 4 ●Total # of EV Vans Low Season): 4 ●Total # of GEM NEV Cars Peak Season): 2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Total # of GEM NEV Cars Low Season): 2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$3 ●Structured:MTZ 3 remains as its own zone, with slightly adjusted coverage area, MTZ 1 and MTZ2 become combined into a bigger zone. ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Furthermore, Circuit will set up a new pricing model that will adjust rider pricing by zones. For example, a ride from Zone 3 to Zone 1 might be $4, but a ride within Zone 2 might be $2. This dynamic pricing model will also be structured to incentivize larger groups and increase efficiencies. With this option, as with any of the options, Circuit can work with the City to explore predetermined pickup and dropoff spots, using the Circuit Connect Smart Spot approach, adjusting pricing models for fares, zone-based pricing to adjust prices, and or a combination of these features. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 23 of 123                            866 Alternate Option C Zone Mtz-1 & 2 With Smart Stops* *Actual location of Smart Stops TBD, Circuit has highlighted some popular drop-off and pick-up locations Alternate Option C Zone Mtz-3 With Smart Stops* *Actual location of Smart Stops TBD, Circuit has highlighted some popular drop-off and pick-up locations City of Hollywood RFP04523SK for Citywide micro-transit Services Page 24 of 123                            867 B1.2.2 Drivers Circuit will leverage its existing team of experienced W2 employee Driver Ambassadors, Local Managers and Supervisors in Hollywood,ensuring service performance and company operational standards. 14 of the 19 current Hollywood Driver Ambassadors live in the Hollywood community and all Driver Ambassadors have experience operating in the proposed micro-transit coverage areas. As a reminder to the City, all of Circuit’s qualified W2, local, screened and background-checked Driver Ambassadors are a critical part of Circuit’s proposed approach to this project. Circuit has built a successful, proud team in the City of Hollywood, and hopes to use and expand this team going forward. The average tenure of our Hollywood staff is 21.8 months. Drivers are required to speak fluent English and several are bi-lingual, many also speaking fluent Spanish. Many of our drivers in Hollywood have been working in the community for multiple years, live locally and have become true ambassadors of the area. This local experience is not something that can be taught or trained and has continued to become more valuable in delivering the best quality of service for the City. For more details on our driver training, qualifications and certifications,please see section B4, below. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 25 of 123                            868 Circuit’s Hollywood team, fleet of event-ready GEM NEVs, 100% Electric Vans & Teslas at Safe Streets Summit 2023 B1.2.3 Technology Since the Sun Shuttle’s launch in 2019, Circuit has used our custom proprietary mobile app to move over 500k riders.Throughout Sun Shuttle’s lifetime the service has gone through 25 app upgrades to improve bug fixes, integrate fares and deliver smarter routing capabilities. Circuit’s tech team has continued to grow, improve and roadmap new features and enhancements for 2023 and 2024. Current version of the mobile app in Hollywood, including ADA request option, 2023 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 26 of 123                            869 Circuit was able to integrate fares and user payment profiles into the app in March 2021 when the service went from fare-free to $1, and again in March 2022 with the $2 fare increase. More details, including a deeper dive into Circuit’s Technology is available in Section B3.5 Technological Capabilities. B1.2.4 Timeline With robust infrastructure already in place such as experienced Hollywood Management, Supervisors, Driver/ Ambassadors, support from local Corporate staff, vehicles and maintenance, parking and charging, Circuit can seamlessly transition from existing services in Hollywood to this updated program. CIrcuit has direct access to the manufacturer and can add additional vans (beyond the current pilot with vans), within 30 days. Currently the Sun Shuttle program has been extended through July 2, 2023. Circuit is comfortable committing to operate the new service starting on, or if needed, prior to the existing contract ending. B1.2.4 Project Team and Organizational Chart Project Team Qualifications Partner/ Project Manager Jason Bagley -Jason is a National Partner at Circuit, has over 12 years of experience operating similar services in South Florida and would be the primary contact for this program. He controls all South Florida operations and comes at no cost to the City of Hollywood. Jason currently oversees Circuit’s national fleet operations for 190 vehicles and our operations with 60 vehicles in Palm Beach, Broward, and Miami counties. Jason has been operating 100% electric shuttle services in Broward County since 2011 and with his fleet expertise spends time consulting the GEM corporate technicians on vehicle diagnostics and new solutions. He will be the lead in preparing for and launching operations and will oversee local managers during operation, oversee ongoing maintenance, and coordinate any changes to service such as service expansion. He has been an integral part in launching service in several markets, as well as assisting in managing operations across the country and focusing on national quality control. Before joining Circuit in 2012, he worked as a Regional Manager for a full service National Parking and Transportation Company. He received his BA in Communication from Florida Atlantic University. Jason is based in Fort Lauderdale and is active in the community. Public Partnership Manager Alana Wortsman -Alana brings 13 years of experience in the nonprofit sector, helping to create more sustainable communities. At Circuit, she now helps manage the public-private partnerships in South Florida. Alana works with current service cities on community engagement, events, public affairs, grant opportunities, and marketing materials. Alana was born and raised on Long Island, NY and has a Communications degree from SUNY Oneonta. Alana now resides in Hollywood, FL as her place to call home. For fun, you can catch her riding her bike down Hollywood Broadwalk or running with her dog along A1A. Regional Manager Camille Santiago Manages hiring, onboarding and scheduling for all South Florida operations and comes at no cost to the City of Hollywood. Camille currently oversees and schedules roughly 35 managers, supervisors and drivers in Palm Beach and Broward counties only. Her background City of Hollywood RFP04523SK for Citywide micro-transit Services Page 27 of 123                            870 is Community focused relations with experience in transportation related industry. Manager and shift supervisor (explained below) onboarding is crucial to service success and having a dedicated manager with experience in multiple locations but at the same time hyper-focused in one area is crucial. Area Manager Bob McCure -Bob is currently an Area Manager overseeing all day to day operations of Circuit’s Broward locations. Bob has been with Circuit since 2015 where he started as a driver in Fort Lauderdale. His positive attitude, attention to detail and effective leadership has paved the way for several promotions over the years. Today, Bob manages Fort Lauderdale, Pompano Beach and Brightline Ft. Lauderdale locations and teams. Bob has used his experience in recruiting to successfully build and retain teams which has produced several supervisors and future location managers to keep up with company growth opportunities. Bob was born and raised in Plantation and now calls Fort Lauderdale home. CEO / Co-Founder Alex Esposito Started on a hunch that shared, electric rides would help alleviate parking congestion at the beaches, Circuit (formerly The Free Ride) has evolved into a last-mile mobility solution that’s embraced by cities across the US. He has 10 years of experience in on-demand electric micro-transit services. Prior to Circuit, Alex worked as a consultant for Accenture NYSE ACN and in marketing for Vistaprint Nasdaq: CMPR. He holds a BS in Finance and MBA from Bentley University. Alex has been a featured contributor at Smart Cities NY, LA CoMotion, 2020 Cities Boston, South Florida Safe Streets Summit, Urban-X and LACI. He’s been recognized as a Forbes Next 1000 Entrepreneur and a Association for Commuter Transportation (actweb.org) 40 under 40 award recipient. Alex is based between Circuit’s Fort Lauderdale Office. COO / Co-Founder James Mirras Oversees all national operations and will work closely with Jason Bagley to plan and set up operations, hiring processes, tech improvements, reporting processes, metrics, and any additional requests of the City of Hollywood. James is the head of Operations and Finance. He has a total of 10 years of experience in transportation services similar to those requested by this RFP. Beginning in 2011, James started the Hamptons Free Ride (now Circuit) operations in East Hampton, Southampton and Montauk, NY. His attention to detail, people skills, and strong work ethic helped create a solid foundation that the company has been able to grow from. James moves between the company’s locations, focusing on business development, management training, vendor relations and overall strategy. James received his BS in Finance from University of Florida. After graduating in 2009, he worked for Morgan Stanley NYSE Transportation Development Coordinator Isabella Downes Isabella is a Transportation Development Coordinator at Circuit, supporting sales and partnership teams to launch on-demand 1st/last mile mobility solutions. Isabella has 5 years experience working to drive innovation between public and private entities. She has launched over 10 micro-transit services that are meant to act complementary to existing transit infrastructure or as stand alone services in light of no other transit options. Isabella has published two studies exploring transportation access in various US cities and the impact access has on socioeconomic development. Isabella holds a BA in Public Relations from Wayne State University and an MA in Sustainable Urban Development from DePaul University. In addition to her role at Circuit, Isabella serves on the Young Professionals in Transportation- NYC Board as the Director of Programs Co-Chair. She is very passionate about solving complex transportation justice issues. Head of Technology Tucker Costello Tucker is the Managing Director, Internal Development for Circuit. He handles internal business and technical development. He has over 5 years of experience in transportation services similar to those requested by this RFP. He handles new app deployments, City of Hollywood RFP04523SK for Citywide micro-transit Services Page 28 of 123                            871 including testing and ongoing support. He works closely with our operations teams to incorporate partner, driver, and rider feedback from our locations to ensure a seamless experience throughout our platform with timely and relevant updates. Tucker holds a BA from Skidmore College. Over a decade of hands-on hardware and software implementation has given him a deep understanding of how technology enhances our work. Tucker would handle the location deployment within the mobile app, testing and coordination with operations staff, handle features requests, and lead ongoing testing and technical support. In House Counsel Anita Chen -is counsel for business development. Anita received her BS in Finance and Marketing from New York University and her JD from Touro College Jacob D. Fuchsberg Law Center. Prior to law school, she worked at Bankers Trust Company in New York City as an associate in their commercial paper department. As a lawyer, she worked for LeBoeuf, Lamb, Greene & MacRae as a litigator representing clients including Lloyd’s of London, Prudential Financial and Barneys New York. After several years in the private sector, Anita joined Manhattan Legal Services representing low-income residents in New York City. She now counsels for many small-businesses including taxi medallion companies, real estate holding companies, bars and restaurants. Anita has been with Circuit since 2018. Organizational Chart B2. Environmental & Sustainability Benefits We understand and appreciate the City’s desire to implement environmentally friendly services to the City of Hollywood RFP04523SK for Citywide micro-transit Services Page 29 of 123                            872 community. With the Sun Shuttle, Hollywood was a first-mover in Florida as it relates to deploying electric vehicles into public services. With the current Sun Shuttle program, Circuit and the City are currently helping to avoid over 9 Metric TONS of GHG emissions per month. Circuit applauds the City of Hollywood for its committed, forward thinking and dedicated approach to solving last mile, congestion, and emissions challenges and the strong commitment to a sustainable fleet. Circuit remains committed to using only 100% battery electric vehicles. The vehicles are ideal vehicles for short-range, sustainable, about-town transportation and Our 100% electric fleet exceeds the RFP’s specifications for “environmentally friendly and sustainable vehicles”. Fortunately, impact is inherent in the service we offer. The more shared rides that we provide, the more emissions and vehicle miles traveled VMTs) are reduced. There will be a heavy emphasis on ridership and we will measure success based on metrics including but not limited to: total ridership, riders per ride, riders/hour, jobs created, connections to transit, customer experience, and GHG emissions reduced. High ridership shows us that riders are happy, the service is priced effectively and the design meets the needs of the community. High ridership also reduces the Cost Per Rider CPR. Single Occupancy Vehicles are bad for Cities. Circuit hopes that this program will continue to demonstrate how eco-friendly, shared and sustainable programs can help reduce the need for single occupancy vehicles SOVs), promote ridership on existing Transit, create jobs and reduce commuting costs, GHG emissions and VMTs. Electric first/last-mile micro-transit is a great option for all types of communities and has proven to be a success in Hollywood. Tracking the environmental benefits will be a priority moving forward and will help to unlock more funding from upcoming environmentally focused grant programs. Circuit has been fortunate to receive grants for environmental reasons including but not limited to our programs with NYSERDA, Clean Mobility Options Grants CMO, CARB Funding California Air Resources Board) and others. Circuit will track greenhouse gas emissions and tailpipe emissions reductions. We can provide estimates based on projections for vehicle miles traveled and FHWA and EPA metrics and constants for average vehicle miles per gallon by vehicle type and carbon constant for gasoline fuel. We can also generate these based on a shared ride model including ridership, average trip distance, and FHWA and EPA constants and metrics. B3. Vendor / Contractor Capabilities B3.1 Background on Circuit Circuit has enjoyed working with the City of Hollywood since 2019 to launch and operate the Hollywood Sun Shuttle. With over 11 years of experience, Circuit has established itself as a national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EVS and NEVs. We have a currently existing fleet of 13 electric vehicles, and a team of 19 EV trained and W2 paid employees in Hollywood. Additionally, we have a corporate team already in place in Hollywood, Florida with expertise in national operations, marketing, advertising sales, technology, reporting, and expansion. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 30 of 123                            873 Our corporate team has extensive experience in planning, designing, implementing, reporting, and maintaining NEV micro-transit programs and has operated programs similar in size and scope to this RFP, including fare-based systems. Our high customer satisfaction ratings and high demand are a testament to the superb customer service provided by our driver ambassadors and management. Circuit prides ourselves in closing first / last mile gaps and providing an enjoyable and safe rider experience. This encourages riders to avoid using single occupancy vehicles or private rideshare services that add congestion and pollution, as we have seen in Hollywood since the launch of Sun Shuttle. Specifically, Circuit has been the most successful in: 1. Connecting riders with local destinations including local businesses, restaurants, nightlife, transit, and parking 2. Encouraging ridership and ridership on other forms of transit 3. Forming public private partnerships PPPs) with cities, developers, entertainment and sports complexes, and local agencies to craft services for hyper-localized coverage areas 4. Building local, trained, w2 and background-checked teams that maintain a level of quality control and understanding of the area creating an enjoyable customer experience. B3.2 General Company Information CONFIDENTIAL General Information Within the last five years, Circuit has operated similar on-demand shuttle services using all-electric vehicles in Florida under contract with government entities, including City of Hollywood, City of Fort Lauderdale, City of Pompano Beach, City of Wilton Manors, West Palm Beach Downtown Development Authority, and Palm Beach County Convention Center. We have a current service contract with Brightline Trains. We have also privately funded services in Miami, Pompano Beach, and Palm Beach Gardens. Circuit also has experience with FDOT funding requirements. ●Business Name:Circuit Transit Inc. (wholly owned Subsidiary of TFR Holdings Corp) ●Corporate Headquarters: 777 S Flagler Drive, Suite 800W, West Palm Beach, FL 33401 ●Phone Number: 6465043733 ●Website:www.ridecircuit.com ●Corporate Employees: 32 Full Time ●Driver Ambassadors: 360 ○Full Time: 159 ○Part Time: 154 ●Professional Staff: Circuit has 92 employees working in Broward County, with 19 in Hollywood. Circuit has a total 164 South Florida employees. ●Employee Retention: Quarterly Avg): 94% ●Local Hollywood Address:2031 Harrison St, Hollywood, FL 33020 Circuit has a current office in Hollywood Florida. If selected for the next iteration of the Hollywood Sun Shuttle service, Circuit will use the local office at Buro at 2031 Harrison St, existing vehicle charging and parking at Circ Residences/ Publix garage at 1780 Polk St and at Costa Hollywood Beach Hotel at 777 N. Ocean Dr. Additionally, Circuit has a nearby regional office at 501 E. Las Olas Blvd, Suite 200, Fort City of Hollywood RFP04523SK for Citywide micro-transit Services Page 31 of 123                            874 Lauderdale, FL 33301.Circuit has a Corporate office at 777 S Flagler Drive, Suite 800W, West Palm Beach, FL 33401 ●Business Incorporation Date & Location Circuit has been operating in Florida since 2011 through its wholly owned subsidiaries Eco Cab LLC and South Florida Free Ride LLC. Eco Cab LLC and South Florida Free Ride LLC were organized and formed in the State of Florida in 2008 and 2012 respectively. As a part of the restructuring of the companies, Circuit Transit Inc was incorporated in 2018 in the State of Florida acquiring Eco Cab LLC and South Florida Free Ride LLC. Circuit Transit Inc, previously TFR Transit Inc, is a wholly owned subsidiary of TFR Holdings Corp, which is incorporated in the State of Delaware. ●Local Business and Legal Status -Circuit Transit Inc is a C Corporation incorporated in Florida. Circuit Transit, with its affiliated operating companies, has been operating in Florida since 2011. Circuit is a local business with current operations in Broward County in nearby communities including Pompano Beach, Fort Lauderdale, and Hollywood as well as a partnership with Brightline. Circuit operates over 40 on-demand micro-transit services across the US. Circuit is the operator of the Hollywood Sun Shuttle, Pompano Beach Circuit, West Palm Beach Circuit, and Brightline+ shuttle services. ●Business Licenses, Permits & Certifications Circuit has all required documentation in place to operate the services described in this RFP in the State of Florida and has operated similar services in Broward County. ○EIN 824586300 ○DUNS 117547537 ○US DOT 3562459 ●State of Florida, Applicable Code & Regulations:Circuit is fully licensed and certified in the State of Florida at the time of submittal for the type of goods/services to be provided. Circuit understands the regulatory requirements for the services to be provided and has met them for other city contracts. Circuit can meet these requirements and will adhere to all applicable code regulations at the Federal, State, and City levels. Primary Contact Person:Jason Bagley, Partner, National Operations - jason@ridecircuit.com - 3054941612 Additional Points of Contact : ●Alexander Esposito CEO & Co-Founder - alex@ridecircuit.com ●James Mirras COO & Co-Founder - james@ridecircuit.com ●Isabella Downes Transit Development Coordinator- isabella.downes@ridecircuit.com 7344784732 Business Structure, Parent Company and Subsidiaries Circuit Transit Inc. is a wholly owned subsidiary of TFR Holdings Corp. Eco Cab LLC and South Florida Free Ride LLC are wholly owned subsidiaries of Circuit Transit Inc. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 32 of 123                            875 Evaluations and Reporting Staff Evaluations Circuit conducts regular management and staff performance reviews on a quarterly basis. During these sessions, we encourage the staff to also share their evaluation of the program and ways to improve service. We hire locally - our staff are part of the community they are serving. Their input and expertise is valuable, and we encourage this feedback loop. Managers also conduct monthly ride-alongs with drivers, providing an additional touchpoint for evaluation, feedback, and training. Leveraging Data to Improve Performance We use the data we collect to continually improve our services and increase system efficiencies and quality. We analyze this data to make operational improvements - not just for reporting on performance. That ensures continued improvement through real-time changes combined with the operational management structure Circuit puts in place. For more information on how we use data to improve our services and our technological data capabilities, please see Section B3.5 Technological Capabilities. Other Reports Maintenance, Customer Service Circuit can provide other reports and updates as needed by the City and can include these in regular monthly reports as well. Circuit uses fleet management software to maintain logs and important information about its fleet status and maintenance. Our internal team manages and logs customer service and feedback. We also can include spatial mapping, such as the report below. Current Projects: Circuit has experience operating electric micro-shuttle operations in 40 locations across 9 states, including: Florida Services Hollywood Pompano Beach Fort Lauderdale Wilton Manors West Palm Beach Palm Beach Miami Brightline+Fort Lauderdale, West Palm Beach, Miami stations) Gardens Mall Palm Beach Gardens) The Ben Hotel California Services San Diego Santa Monica Marina del Rey Venice Culver City Huntington Beach Inglewood SoFi Stadium NFL games, Super Bowl) Chula VistaLong Beach New York Services New Rochelle Williamsburg Brooklyn) East Hampton Southampton Montauk Amagansett Hauppauge Industrial Park Clean Air NY Pilot) New Jersey Services Asbury Park Belmar Shore Texas Services Dallas West Dallas Austin Houston Other State Services Boston, MA Plymouth, MA City of Hollywood RFP04523SK for Citywide micro-transit Services Page 33 of 123                            876 Circuit has been fortunate to work with a number of cities and private clients on many micro transit projects that are similar to the services being described in the RFP. To learn more about our past project experience please reference section B5.2 Past Project Experience. Experience, Awards and Recognition -Circuit has been fortunate to work with, learn from, and be recognized for various Micro-Transit Initiatives around the US. For more information on Circuit’s Experience, Awards and Recognition, please see Section B5.1.3 Micro-Transit Operations Experience. Experience with Drivers, Hiring, Training, Performance Please see more information about Circuit’s experience with a W2, employee driver workforce in Section B3.7 Driver Capabilities. B3.3 Financial Capabilities CONFIDENTIAL As shown by its experience in Hollywood, FL, Circuit has the financial capabilities to run, manage and scale this program. Circuit recently raised a Series A round of financing that was lead by Tribeca Venture Partners with additional investments by CitiBank3Impact Engine, Los Angeles Cleantech Incubator LACI’s Impact Fund and has previously received investments from notable investors including Urban-X, Third Sphere and the BMW Mini Group of North America. Circuit would be happy to provide more detailed evidence of our financial capabilities upon request. For general guidance, Circuit’s 2022 Annual Revenue: $15.5M USD B3.4 Revenue and Funding Capabilities B3.4.1 Advertising Capabilities Circuit is able to continue to offer third party advertising as an additional revenue option. Circuit currently offers a revenue share of advertising sold and executed on the service, and will continue to do so to lower the cost of the service for the City of Hollywood. Circuit has a successful history of planning, selling, and executing advertising campaigns for a variety of local and national advertisers with the City of Hollywood. The brand has a clean track record and is recognized as a reputable transportation company as well as a dependable media vendor. Advertising options include exterior vehicle wraps, interior digital displays, email/social campaigns, and product sampling. Circuit’s in-house ad-sales team has 45 years of combined experience designing, planning, selling and executing transit media campaigns. This advertising program can also help to promote local businesses, as we’ve seen by working with groups like Billy’s Stone Crabs, Ritas, and the Hollywood Golf Course. We see advertising as a way to reduce costs and provide a fun and engaging experience for the riders. We have found that brand sponsors improve the rider experience and the methods Circuit uses to advertise on behalf of its advertisers can also be used to market its services to future riders. Circuit has found that 3 https://www.prnewswire.com/news-releases/circuit-raises-11m-series-a-to-expand-ev-shuttle-business-301619296.html City of Hollywood RFP04523SK for Citywide micro-transit Services Page 34 of 123                            877 our parameters around appropriate ads align well with those of our partners, and the City would continue to have final say on what advertisements are allowed and what would not be permitted. Any advertiser and specific content would be submitted for City approval. Based on our confidence in securing advertising partners, Circuit has included a guaranteed discount to the City as further detailed in section B.10. Some examples of past campaigns are included in the images below. Local businesses advertising on Circuit vehicles in Hollywood, FL. B3.4.2 Fare Revenue Capabilities CONFIDENTIAL Circuit has experience operating fare-based services in Hollywood, FL. In 2021 Circuit implemented a low-cost fare into the Hollywood Sun Shuttle program. The $0 service moved to $1 and Circuit saw the total ridership continue to grow, despite the increase. Upon further investigation, Circuit learned that the lack of impact on demand caused by the fare was largely due to the large increase in TNC prices in the area. In this example, the average TNC fare was over 4X higher, for rides starting and ending in the area. Furthermore, the team found that fares had an impact in reducing cancellations from riders and therefore led to a more efficient system that moved more riders. This fare model has worked well and Circuit has regularly reported on these fares and used them to reduce the cost of the service to the City of Hollywood. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 35 of 123                            878 Circuit’s technology includes capability to charge fares on a flat fee basis as well as dynamic pricing, discount codes, and group rates. We have tested and proven technology, policies, and programs for offering fare-based programs. Our mobile app can accept payment via debit, credit, and prepaid cards. The application has the ability to charge a fee for service and has security in place to store encrypted credit card information via a third party integration with Stripe. For this program, Circuit will offer a flat fare of $2, keeping the fares consistent with how they’ve been structured in the past. Circuit has the ability to adjust this fare as needed, at the request of the City. Circuit can also “sell” promotional or access codes to local businesses so that they can prepay fares for employees and or customers. This approach can be useful in getting more financial support from the local business community and aligns with the City’s goal to make the program more financially sustainable. As part of the alternate options in Alternate Option C, Circuit has mapped out how increasing the average fare to $3 would impact the net cost of the service. Circuit, if the City is interested, can build a program that automatically adjusts fares based on the zones traveled to and from. For example, it might be $4 to go from Zone 3 to Zone 1, but only $2 to travel within a zone. Using this approach can increase the average fare collected per rider across the system. We can also cap the total fare per ride so adding additional riders will be less expensive than the first one. B3.4.3 Grant Sourcing Capabilities Circuit prides itself in our ability to help our partners source funds for initial launches, service expansions and to pilot new zones. Now, more than ever, grants are available to implement sustainable micro-transit systems that provide equitable and accessible transportation options that give way to environmentally forward thinking solutions. Our team, as we discover appropriate grant opportunities, will bring possible funding solutions to the City. Circuit has successfully secured grants and/or worked with Cities on grant programs in NY, CA, NJ and FL. Circuit has also been selected for and awarded grants from the State of California and State of New York with its municipal partners, including a recent Clean Mobility Options grant in 2021 and Clean Transportation Challenge Planning Grant for Electric Mobility in 2022. B3.5 Technological Capabilities CONFIDENTIAL Circuit’s custom proprietary mobile app for requesting rides available for Android and iPhone is available in both English and Spanish, with the ability to add additional languages to the platform as needed. Website: www.ridecircuit.com Apple: https://apps.apple.com/us/app/ride-circuit/id988052033 Android: https://play.google.com/store/apps/details?id=com.thefreeride.rider Circuit has developed its technology over the past 11 years and has built the technology with a variety of features that can be turned on and off, depending on the coverage area. Some of these features include approaches for smart spot locations vs fully on-demand, a pooling algorithm to maximize the utilization of the vehicles, dynamic fare models with flexible pricing and discount options, ADA accessibility and request features, Spanish language options, ratings and reviews and a number of other features. As the City is aware, our features have been built using feedback from riders, drivers and customers, utilizing the data generated across millions of rides. Since launching the Sun Shuttle service, we’ve introduced multiple new City of Hollywood RFP04523SK for Citywide micro-transit Services Page 36 of 123                            879 versions of the app every year and continue to strengthen our roadmap of new features and options. This process is ongoing as we consistently strive to create the best user experience for our riders and partners. Riders have consistently rated our services very highly, both in internal and external surveys as well as the app stores. We have a 4.8 rating on the App Store and a 4.5 on Google Play (out of 5 stars), distinguishing us as the highest rated service on the Google Play Store compared to other micro-transit and rideshare services. We are committed to excellent customer experience and long term success, and our customer service team replies to all reviews in the app stores. The app is designed specifically for running and managing these types of on-demand, last-mile EV shuttle services and has been built and optimized based on data gathered from over 5M rides along with rider and driver feedback. Our user app is complemented by our driver facing app and management dashboard - a technology suite that we built specifically for our neighborhood electric vehicle operations. Circuit owns the app, all of the data, and can provide robust data reports, often limited by firms using white-labeled solutions. This further allows the team to make customized adjustments as needed by the City. Our ability to collect, record, clean and present data is always improving as we believe data is a key factor in providing an excellent standard of service. Circuit has recently partnered with Snowflake to create new databases that will allow for faster reporting, more flexible data analysis, and better visualization of data. If selected, Circuit looks forward to sharing these new capabilities with the City. Our dynamic pooling feature has resulted in 30% increases in ridership using the same number of cars and operating hours. This is true when we measure against our own services (turning pooling on and off) and also true when compared to other operators nationally.Pooling not only increases ride efficiency, it also decreases traffic, emissions and cost-per-rider, where we’ve proven to be more effective than other service operators. Unlike many white label solutions, Circuit owns its technology and is able to quickly and flexibly make adjustments and improvements. We are constantly improving the service and adding new features, which would continue to be available to the City at no additional cost. As with other local operations, Circuit can adjust the service territory, hours of operation, and other factors in a timely manner during the planning or implementation stages as needed - such as adding new service territories, adjusting temporarily for special events, adjusting seasonally, adjusting fare, piloting new zones etc. We also have a system in place for notifying riders of any changes to service, including in-app messaging such as updates to safety protocols and emergency conditions (hurricanes, flooding, etc). B3.5.1 Ride Request App Circuit has a custom mobile application available for iOS and Android phones where rides can be hailed within a geofenced zone. This application is a fare-integrated service model and is very user-friendly. Within the app, the user can see information about the service, add payment methods, see the coverage area map, select their desired pick up and drop off within the geofenced coverage zone, input number of riders, and request a ride. They are shown the estimated wait time, the location of the assigned car while on its way, and are alerted when the driver is close. After their ride, they can give a rating. Drivers receive notifications of the requested rides. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 37 of 123                            880 The service territory is a geo-fenced coverage area that ensures rides can only be requested and completed within the service territory. Our team makes sure that these geofenced zones include exactly the territory desired and that riders can make a request anywhere within this zone. We can also exclude roads and highways with speed limits higher than 35ph within this zone to ensure vehicles are not dispatched to areas where pickup is not possible due to speed limits. Key Advantages of the App ●On-Demand; ●Ability to add pre-determined Smart Stops to reduce wait times in larger zones ●Data Tracked for Ridership, Reporting, Heat-mapping & Management purposes; ●Ability to notify riders of service disruption through multiple avenues. ●Ride pooling to reduce congestion and wait times. ●Fare Collection features with Discount Code Options ●Driver facing capabilities to communicate with riders via text and call prior to boarding the vehicle Circuit is working on several integration projects and can work with the City and County to integrate the Circuit rider app with other transportation applications, including applications that might be introduced with the upcoming fixed route community shuttles. B3.5.2 Driver App Capabilities Circuit’s driver app and proprietary dashboard is used to manage drivers and generate reports. Each of our drivers is provided a company phone to see ride requests, safely communicate with management and riders, and optimize routes. Our operations and technology teams work closely together to test new features and updates and fix any issues that arise. Our hailed ride feature enables drivers to track non-app-based requests through the driver app. With our pooling feature, multiple rides are able to be assigned to a driver and are viewable in a queue format to the driver. Circuit can work with the City for any desired technology integrations, and can provide any necessary performance and data reporting. Ride request heat map from Hollywood Sun Shuttle Program City of Hollywood RFP04523SK for Citywide micro-transit Services Page 38 of 123                            881 B3.5.3 On Demand Coverage Zones and the Smart Stop Approach For point-to-point service, a rider can go to and from any location within a geofenced coverage zone, typically focused on a small, localized coverage area. As mentioned in our alternative options, a capability of our technology includes the ability to set up a smart stop approach. The smart stop approach allows the rider to go to and from any predefined smart stop within a specified coverage area. A smart stop could be a predefined location at a school, transit hub, affordable housing community - or these could be spread throughout the community every few blocks, for example. We believe the smart stop approach is beneficial when covering larger service zones Circuit is flexible and able to adjust service before and after launch of services. As data comes in, Circuit can work with the City and the community to fine tune the service to best support the community shuttles in each zone. Please see below for a sample of proposed smart stops by zone. MTZ1 Smart Zone Stops ●The Diplomat Beach Resort,3555 S Ocean Dr. ●Harry Berry Park,301 Azalea Terrace ●Arizona Street (By Taco Shack, across from Billy’s Stone Crab) ●Charnow Park , 300 Connecticut S. ●Hollywood North Beach Park, 3601 N Ocean Dr. ●Walmart, 2551 E Hallandale Beach Blvd MTZ2 Smart Zone Stops ●Young Circle ●Publix, 1740 Polk St. ●Washington St. ●Hollywood City Hall, 2600 Hollywood Blvd. ●930 S 26th Ave. MTZ 3 Smart Zone Stops ●Publix Supermarket at Hollywood Mall, 3251 Hollywood Blvd. ●David Park Tennis Center,510 N 33rd Ct. ●Broward County South Regional Courthouse,3550 Hollywood Blvd. ●Orangebrook Golf & Country Club,400 Entrada D. ●Bob Butterworth Park, 5202 Washington St. ●Memorial Regional Hospital South,3600 Washington St. ●Washington Park,5199 Pembroke Road ●Harrison & S 56th Ave ●Sal Oliveri Veterans Park, 4701 Tyler St. B3.5.4 Using Data to Steer Service Operations Circuit has 4 years of information from our other shared, on-demand, electric shuttle services, allowing the team to utilize data from the Sun Shuttle, as well as other nearby Broward County operations and other comparable operations around the country. Consideration taken when forecasting ridership: City of Hollywood RFP04523SK for Citywide micro-transit Services Page 39 of 123                            882 ●Size of the Coverage Area ●Hours of Operations ●Marketing to grow ridership ●Input from local stakeholders ●Performance of Comparable Programs ●Other transportation in the area While our data, local outreach, analysis, and research provide valuable insights month over month, we understand there will be unknowns and that we must monitor data and work closely with local stakeholders to make sure that we continuously adjust and improve the service to make sure it’s set up for long-term success in the City of Hollywood, as we have done since Sun Shuttle’s 2019 launch. We have refined our approach and recommendations in close coordination with City and CRA officials. Circuit’s Data Dashboard, Analysis and Expanded Features Since starting the program in 2019, Circuit has delivered monthly data reports to the City of Hollywood. By leveraging data from upwards of 17,000 transactions in a month, we’ve developed a healthy data set that provides information on top pick up and drop off locations, insights into ridership broken down by service hour and day, and the ability to monitor ridership growth throughout the service's lifetime. The system has also gone through numerous updates over the years and we’re proud to share that in the last 3 months we’ve built a relational database that integrates numerous data sets to help with data visualization, analysis and reporting. If selected for the next phase of the Hollywood Sun Shuttle program, Circuit now has the ability to add additional licenses for our City partners. Our ability to collect, record, clean and present data is always improving as we believe data is a key factor in providing an excellent standard of service. Circuit has recently partnered with Snowflake to create new databases that will allow for faster reporting, more flexible data analysis, and better visualization of data. If selected, Circuit looks forward to sharing these new capabilities with the City. Our next iteration of data reporting is a great value add for operations and transportation planning, this dataset can be a particularly valuable asset for the Cities long term urban planning initiatives. There are examples of updated data reports in Appendix 2, below. Pictured here is an example of the new zone-based analysis and heatmaps that have already been built. B3.6 Vehicle Capabilities In line with the RFP’s desire to have a sustainable fleet, Circuit proposes to use the currently existing GEM E6 all-weather, 100%-electric cars from Polaris Inc and Ford ETransit EV vans. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 40 of 123                            883 Sea Turtle Nesting Season Artwork on GEM Neighborhood Electric Vehicle Neighborhood Electric Vehicle NEVs)Circuit will continue to use GEM E6 all-weather, 100%-electric cars from Polaris Industries. The slim and efficient design reduces interference with traffic and decreases passenger load time. The cars are ideal for short-range, about-town transportation. The cars are easily kept clean and are outfitted with comfortable seats, ample legroom, fans, 3-point seatbelts, cargo space, and a friendly, local ambassador/ driver. They include all-weather options, and Circuit operates these vehicles in South Florida markets year-round. The car’s design is fun and inviting in nature. Hollywood Sun Shuttle riders have responded very favorably to these vehicles. Ford E Transit Electric 13 Passenger Van Ford Electric Passenger Van There are a number of electric passenger van options that Circuit has used in other markets. There are OEM options as well as conversion technology options. Circuit has directly used Lightning Systems and Maxwell converted electric passenger vans. They are ideal for roads with speed City of Hollywood RFP04523SK for Citywide micro-transit Services Page 41 of 123                            884 limits above 35 mph, programs requiring higher capacity, suburban trips, and can be outfitted for ADA accessibility. ADA Service Vehicles We are able to offer one 1 Ford ETransit EV Van which offers a full automated lift and the ability to secure wheelchairs within the vehicle, and 8 total seats (as opposed to the usual 12, + driver). Additionally, we are able to offer one 1 WAEV Formerly Polaris) GEM e6 ADA vehicle which offers a full, fold out ramp and the ability to secure wheelchairs within the vehicle, and 4 total seats (as opposed to the usual 5 seats, + driver). Circuit is pleased to offer this vehicle to the City at no additional cost, as it is a part of the existing Hollywood Sun Shuttle existing fleet. Samsara AI Dash Cameras Circuit has recently installed Samsara AI bi directional Dash Cameras in the entire fleet of shuttles in Hollywood. These cameras use computer vision to analyze the road and driver behavior in real-time—making it possible to detect distracted driving and even warn drivers of an impending collision, helping prevent accidents before they happen. Any incidents of distracted driving or harsh braking events trigger an alert to “watchers” of specific vehicles. This group includes direct local management, Regional and Corporate Management. Circuit Management staff can view real time video and still views of the interior and forward facing exterior view of the entire fleet at any given moment. For any incidents the footage can be viewed and saved to determine fault of any accident. Samsara AI Dash Cam dashboard with both views, saved footage and trip details including trip route, duration and pick-up and drop-off locations. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 42 of 123                            885 B3.7.1 Vehicle Maintenance Capabilities Our in-house mobile service maintenance technicians are able to quickly respond to needs, and also adapt vehicles for the market. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,0005,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to planning future needs. Each vehicle within our fleet has a unique ID. Our operations team tracks vehicle characteristics and status through fleet management software and communicates this status to Regional Management and other corporate team members through shared documents and project management software. These characteristics and status include driver vehicle check forms, current and pending advertising campaign information if any, maintenance records, assigned operating location or special event, mileage, as well as general information such as color, make, model, year, features. Drivers check vehicles before and after each shift and fill out a vehicle check form. They perform cleaning duties before, during, and after their shift. Any issues are noted and reported to local managers, who coordinate maintenance and repairs. We have trained and certified maintenance staff in each operating region, and would train a local maintenance team in Fort Lauderdale to manage regular and ongoing maintenance for local operations, with manufacturer certification for the vehicles in use. B3.7 Driver Capabilities Circuit has a robust hiring and training program backed by standard operating procedures, driver manuals, and emergency and health & safety plans designed to provide high quality customer service through a fun and convenient on-demand service. As now with the current Hollywood Shuttle, Circuit will continue to ensure all drivers meet and follow the required guidelines as required by the RFP. As the City of Hollywood is aware, Circuit prefers to hire local w-2 Driver Ambassadors from within our service area who have local knowledge and experience. We focus on hiring drivers with high degrees of customer service and professionalism as well as local knowledge of the community, as our drivers are ambassadors for the local community.This model reduces greenhouse gas emissions by keeping workers local and supports the local community by providing jobs. Currently, 14 of our 19 Hollywood Sun Shuttle Drivers are Hollywood residents. You can find further details in the Driver Model section below. Quality Control is why we have successful operations throughout the country with several locations running for more than 5 years. We focus on recruiting, hiring, onboarding and training service oriented candidates with a strong driver safety record. Along with Driver Ambassadors we employ location Supervisors, Location Operations Managers, Regional Operations Managers and local corporate support. We use several training and monitoring programs including our own admin dashboard (backend of the Ride Circuit app) for a real time look at activity in the field - driver/ ambassador gps location, trip queue, availability status and rider reviews of the Driver/ Ambassador. Samsara AI Dash Cams provide a real look into the individual vehicles. Can record any video clips and alert the supervisor and management teams for any harsh events. Regular feedback and reviews by management to address any areas of concerns and give feedback. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 43 of 123                            886 B3.7.1 Driver Model Each Circuit location has a dedicated team of managers, supervisors and drivers to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. Upon award of this contract, Circuit will be easily able to leverage our current driver ambassador team, and as needed, develop and provide a more specific staffing and personnel plan tailored to the final service scope. Please see below for the positions that are staffed to make up Circuit’s Driver and Fleet Team: ●General Manager / Operations Manager:Full time hired positions (depending on scope). Responsible for day-to-day operations, vehicles and staff. Reports directly to the Region General Manager. Direct reports are Shift Supervisors and Driver Ambassadors. Perform dispatch and customer service responsibilities as needed ●Shift Supervisor:Full-time hired positions. On-site at all times during service hours. Perform dispatch and customer service responsibilities as needed. Additional training and responsibilities. All shifts include at least 50% of shift driving in service. Shift reporting and “hand-off” submissions ●Vehicle & Warehouse Maintenance Manager:Circuit regional technician licensed and certified. Weekly, monthly & quarterly vehicle maintenance schedule. Direct contact with vehicle manufacturers and systems. Additional responsibilities, response, and reporting requirements as specified in this CFP. As needed, other operational staff may be trained and certified to assist Maintenance Manager with maintenance responsibilities ●Driver Ambassadors:Full-time and part-time employees Circuit hired, W2 employees). Living-wage pay and benefits. Follow Circuit operational policies and local rules for revenue service ●Driver Staffing:We first hire a base of full-time, set schedule drivers and then a base of part-time, set schedule drivers. We then hire a smaller group of fill-in drivers who do not have a set schedule but actively work each week to round out the schedule, either picking up any open shifts known in advance and/or fill in on call. We have a combination of longer shifts, allowing time for finishing rides, cleaning their vehicle, and checking out. We stagger and mix in shorter shifts throughout the day based on demand data learned over time to maximize efficiency. Circuit uses shift scheduling software to plan its staff schedules and make the process seamless for employees. What We Look For In A Driver Ambassador ●Outgoing, Inviting, Friendly ●Local Resident and/or Local Knowledge ●Safe & Responsible ●Customer Service experience ●Team oriented ●Self-Motivated with a focus on development ●Dependability Driver Requirements ●Legal:All Circuit drivers must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. ●Insurance Clearance:Background Check: All Circuit drivers must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 44 of 123                            887 ●Personality:Circuit employees are more than drivers. Everyone is an ambassador to both the Circuit brand as well as sponsor brands. We look for motivated, outgoing, excited and responsible employees to represent our brand. ●Pre-Hire Driver Exam:Potential hires lastly go through a physical driving exam accompanied by the Operations Manager. The Circuit Pre-Hire Driving Exam is submitted to the Regional GM for final approval. B3.8 Customer Service Capabilities Customer Service One of Circuit’s core values is customer experience. Circuit focuses on hiring drivers and operational staff that exhibit excellent customer relations skills and value experience in customer service. We include customer relations as a part of our training program, which includes updates to policies related to safety and responding to rider concerns. We hire locally and prefer drivers that are familiar with the local community to act as an ambassador as well as a driver. We are committed to excellent customer experience and long term success, and our customer service team makes a point to reply to all reviews in the app stores. Circuit currently maintains a local Hollywood and South Florida workforce of managers, shift supervisors, and driver ambassadors in its operating locations, which are all trained in customer service. Circuit also has a regional manager in place, who manages operational functions such as permitting, maintenance, vehicle procurement, vehicle and driver insurance onboarding, hiring and training across multiple locations to maintain a consistent level of quality and operating efficiency. They are also integral to preparing for and launching new operational locations as well as coordinating new app feature launches. Our local operating and management staff are available during operating hours, which vary by location and are determined in cooperation with local partners. Training for employees involved in customer service include on-the-job training using pre-existing SOPs and quick reference guides for template responses to a high majority of common questions. This covers training with guidance specific to phone, ride request app, and email inquiries as well as those that might take place in-person. These employees have direct supervisors to reach out to for approval on sensitive topics to ensure compliance. Training is a multistep process that begins with shadowing another employee, hands-on training with supervision, and continued ongoing training. We have a multifaceted customer inquiry, and contact system, which our staff are trained to use and keep accurate logs. Operational staff are also involved in our local community outreach efforts, including representing the company at local community events. All staff are trained to respond to customer needs and handle any complaints in a timely and courteous manner. Riders can submit feedback within the mobile application and through the website, email and by phone. Circuit’s national corporate team monitors these as well as social media accounts and app store feedback/ratings. The national team will direct users to a local manager if and when needed. We also conduct regular rider surveys to analyze and improve our service offerings. Our team continually works to make its technology and information about its services accessible broadly to the local communities it operates in. As mentioned in Section B3.5 Technological Capabilities, our mobile app is available in English and Spanish. We have bilingual drivers and can include hiring preferences City of Hollywood RFP04523SK for Citywide micro-transit Services Page 45 of 123                            888 for additional language capabilities. We have also created marketing materials in both English and Spanish. Circuit’s website and location pages include accessibility features, and our operations staff are trained in providing equivalent service and any additional assistance needed for riders with mobility impairments and disabilities. Our local teams can also assist riders in downloading the app, providing information about the service and the community, and responding to questions. Historically Circuit has seen driver ratings of at least 4.8/5 stars in all of its markets, and locally has an average of 4.9 over the past two months. Many of our services have a majority senior 65 ridership who use our services frequently for local trips and errands. Seniors have been strong advocates for our services. Our high ratings and strong local support are a direct result of the positive customer experience created by our drivers. Circuit will continue to provide updates and reports on Customer Service to the City as needed. B4. Driver’s Qualifications Hiring Process Each Circuit location has a dedicated team of local managers, supervisors and driver ambassadors to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. We would be able to leverage our existing Hollywood and operational experience and infrastructure to quickly and efficiently continue to staff Sun Shuttle as needed. As the City of Hollywood is familiar, Circuit’s drivers are more than just drivers. They act as local ambassadors; representing the city, providing local knowledge and encouraging local business. All driver ambassadors will be provided with a company uniform and name tag. All Circuit driver ambassadors must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. All Circuit driver ambassadors must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. For this program, we would implement the required background check and provide any needed documentation to the City. As required, we will implement the required FDOT Drug & Alcohol testing. We have identified a Florida based company, Accredited Drug Testing where we would establish a company account for testing. Accredited Drug Testing uses Quest and LabCorp national collection site network. Circuit will always commit to a local hiring preference in all markets. One of the many benefits of hiring locals include ensuring staff are familiar with the location and can serve as a knowledgeable ambassador. 74% of existing Hollywood Sun Shuttle drivers are Hollywood residents. As we have done in Hollywood and other markets, along with posting job openings on popular platforms such as Indeed, we can work with local workforce development and job placement centers to source qualified local candidates as is needed by the service or to support any future expansions. Circuit currently has multilingual driver ambassadors in South Florida and is able to include bilingual/multilingual driver ambassadors as a local preference for hiring, if desired by the City. Driver retention is a factor that the company is proud of- there are happy teams, and advancement opportunities in every market of service. Over the past 12 months we have seen a retention rate of 94% for the Hollywood Sun Shuttle operation. This is the result of the diverse work environment that Circuit City of Hollywood RFP04523SK for Citywide micro-transit Services Page 46 of 123                            889 creates, the camaraderie among employees, the ability to grow, and the enjoyable, safe and fair management. As described in Section B3.7 Driver Capabilities, Circuit seeks specific driver qualities that ensure safety, professionalism, a focus on customer service, and knowledge of the City as a visitor destination. Circuit employees are more than drivers; they are ambassadors to the local community. Circuit conducts regular management and staff performance reviews on a weekly, quarterly and annual basis. During these sessions, we encourage the staff to also share their evaluation of the program and ways to improve service. We hire locally - our staff are part of the community they are serving. Their input and expertise is valuable, and we encourage this feedback loop. Managers also conduct monthly ride-alongs with drivers, providing an additional touchpoint for evaluation, feedback, and training. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the City, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team. B4.2. Training Driver Training Program As the City of Hollywood is aware, Circuit employs and trains its operational personnel, including driver ambassadors. Circuit uses its successful developed personnel policies to create a hiring and safety program specific to the unique operation. The process includes hiring, background checks, drug tests, alcohol screenings, initial training, continued training and performance evaluations. We can quickly add drivers and vehicles to our national custom auto insurance policy. When the manager is comfortable with a candidate and decides to extend a job offer, they will be introduced to our staff training/development tools & programs. The hiring and training systems we have in place will help the City achieve its safety and accessibility goals with regards to this project while also ensuring a high quality customer experience, which encourages further ridership and exploration of the community. Circuit has a training program in place for new operational staff which covers safe and efficient operation of electric vehicles, cleaning and safety processes, and customer service. Circuit has a corporate operations team that develops and maintains operational policies and procedures including over 180 pages of Operations Manager and Driver Ambassador training guides and supports SOPS. They hire and train new managers and coordinate hiring and training for new drivers. Circuit has a Regional Manager in place for Florida. Drivers receive initial in-person training, are observed on ride-alongs, receive ongoing on-the-job training, and are updated on any new operational policies or procedures. Training is conducted by local managers and supervisors. Our teams have consistently met requirements from transit authorities and police/sheriff’s departments, in all of our markets, including Florida, for vehicle inspections and driver training and testing. We would institute our vehicle cleaning program to maintain the appearance and cleanliness of the vehicles along City of Hollywood RFP04523SK for Citywide micro-transit Services Page 47 of 123                            890 with the safety and health of the passengers and drivers. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the City, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses a scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team Our training program specifically covers: ●Safe operation of an electric vehicle ●Efficient operation of an EV, maximizing battery efficiency ●Advanced cleaning procedures ●Safety guidelines and policies ●COVID19 advanced safety and cleaning policies and procedures ●Customer service and passenger relations ●ADA regulations and operations ●Use of the Driver Mobile App ●Communications policies ●Emergency procedures and plan ●Accident reporting/procedures Circuit also provides ongoing training / retraining and conducts performance evaluations. Our teams have consistently met requirements from transit authorities and police/sheriff’s departments, including in Florida, California and New York, for vehicle inspections and driver training and testing. Along with the initial training program, monthly and quarterly management ride-alongs specifically focus on customer experience. Additional staffing lead time is roughly two weeks for hiring and proper in-car and classroom training. Circuit currently has 75 employees in Broward County that are available to fill in any gaps or decrease lead time while we hire local staff from the City of Hollywood. B4.2.1 Certifications In addition to our vehicle maintenance certifications, our teams also hold certifications in WAV / ADA sensitivity training, as well as the National RTAP National Rural Transit Assistance Program) Certification, which is part of the FTA’s, “2 The Point” training and certifications around ADA and Sensitivity, Defensive Driving, Distracted Driving, Drugs and Alcohol, Passenger Safety. Additionally, We have staff that have completed PASS Training Passenger Assistance, Safety and Sensitivity. We also have our vans inspected and permitted with Broward County as Vehicles for Hire. B4.2.2 Drug Testing and Hiring Standard Circuit recognizes the requirement to enroll the company staff in an FDOT approved drug testing program and have a supplier of such services available. Currently in Circuits Hollywood Sun Shuttle operation, drivers, due to the type of vehicles, are not required to obtain a CDL or to complete FDOT certification as the vehicles are all under 16 passengers. Accredited Drug Testing works with a local LabCorp facility at 3700 Washington St. in Hollywood. Circuit has obtained pricing and details to enroll the staff into the program, and is willing and capable to complete that requirement. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 48 of 123                            891 B5. Firm’s Qualifications and Experience Using teams of W2 Drivers, Fleets of 100% electric vehicles, and an on-demand app, Circuit has provided over 6M rides. As detailed in Section B3, Circuit is an experienced operator of Micro-Transit Services. Circuit will provide its turn-key micro-transit solution using a fleet of Ford EV vans and electric Polaris GEM e6 NEVs to meet the transportation, traffic reduction and sustainability objectives of the City of Hollywood. Circuit’s services can be expanded quickly, to implement the expansion of the service as set forth by the RFP. Circuit’s existing Hollywood, Florida Sun Shuttle service has proven to be cost efficient and effective in tackling the mobility challenges in the community. B5.1 Experience Overview B5.1.1 Experience Overview As referenced in Section B3.1, Circuit has over 11 years of experience as an established national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EVS and NEVs. Currently we operate 40 services across nine states. We are experienced in operating under COVID 19 restrictions and guidelines to ensure the health and safety of our riders and staff. We have a fleet of over 190 electric vehicles, a team of over 340 EV trained and W2 paid employees, and a local team of over 92 employees in Broward County and 164 in South Florida. We're one of the few providers with experience operating numerous electric vehicles as part of the same fleet. For more information on our technology, operations and maintenance experience please reference section B3. Vendor / Contractor Capabilities. Our corporate team has extensive experience in planning, designing, implementing, reporting, and maintaining NEV micro-transit programs and has operated programs similar in size and scope to this RFP, including fare-based systems. Our high customer satisfaction ratings and high demand are a testament to the superb customer service provided by our driver ambassadors and management. Within the last five years, we have operated similar on-demand shuttle services using all-electric vehicles in Florida under contract with government entities in addition to the Hollywood Sun Shuttle, including nearby locations like Fort Lauderdale, Wilton Manors, Pompano Beach, West Palm Beach Downtown Development Authority, and Palm Beach County Convention Center. We additionally have a contract with Brightline to operate first/last mile on-demand services around stations in West Palm Beach, Boca Raton, Fort Lauderdale, Aventura and Miami. Circuit has operated services across the US, including in FL, CA, NY, TX, NJ, NC, MA, IL, and CO. As the City of Hollywood is familiar, Circuit has been most successful in first / last mile gaps and providing an enjoyable and safe rider experience. Our service model encourages riders to avoid using single occupancy vehicles or private rideshare services that add congestion and pollution, as is aligned with the RFP’s desire for a sustainable. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 49 of 123                            892 B5.1.2 Neighborhood Electric Vehicle Operations & Maintenance Experience As mentioned above, Circuit is the largest operator of neighborhood electric vehicles and has a growing fleet of various electric vehicles available in South Florida. We have Standard Operating Procedures, maintenance schedules, and operational expertise specifically for these vehicle types and their use in on-demand micro-transit service. Our experienced maintenance team is certified with Polaris Industries (transitioning to WAEV Inc.). For more information on our experience operation and maintaining these vehicles please see Section 3.6 Vehicle Capabilities. B5.1.3 Micro-Transit Operations Experience Circuit’s growth is largely due to its successful operations and satisfied customers. From technology, management, training and operations, Circuit’s full suite of services are best in class and offer the highest levels of quality for this type of service. Circuit maintains rigorous quality controls across all of its operations. Along with a dedicated, responsive and local staff, Circuit’s national team is readily available to handle technology improvements, vehicle enhancements, customer service, impact measurement and grant writing. The dedicated team and quality of service is what sets Circuit apart from other operators and will continue to offer the highest level of service for the City of Hollywood. Circuit, with its subsidiaries including Eco Cab LLC and South Florida Free Ride LLC, has operated on-demand micro-transit since 2011. Our on-demand services have included door to door and point to point services within a specified service territory. Circuit has experience operating these services for comparable cities and scopes of work focused on residents, guests, and commuters. Our on-demand service and mobile app make it easy to request a ride to local destinations, including shopping, restaurants, events, nightlife access and various appointments. We have the policies, procedures, and hiring and training standards in place to launch new markets and operate with a consistently high level of service, with specific attention to customer service. In our experience operating in South Florida, we know that extreme weather events such as hurricanes and flooding can be a seasonal occurrence. We have been able to manage flooding issues related to recent king tides and maintain appropriate levels of service. We have experience dealing with these issues and have an emergency plan in place. Circuit’s technology allows our team to be agile in its approach to addressing any disruptions or changes to service levels. Circuit’s team has been recognized for its efforts as an innovative neighborhood electric vehicle solution. In December 2019, Fast Company highlighted Circuit as the “Electric vehicle ride-share company that won the trust of cities without ‘disrupting’ them”.4 The team has also been featured in The NY Times, Business Insider, Forbes, Fox News, ABC, NBC and a number of other publications. Circuit has been the recipient of numerous awards like: Alonzo Award for Mobility in San Diego, Vendor of the Year Nominee Palm Beach Convention Center, Clean Air NY Champions Award, Lamplighter Award for Best New Service in San Diego, Rulebreaker Award for Startups Changing their Industries, 2018 Gold Medal Ad Club of New York, Outdoor Media Plan of the Year, Gator 100 Award (#20, and numerous others. 4 https://www.fastcompany.com/90444895/how-this-electric-vehicle-ride-share-company-won-the-trust-of-cities-without-disrupting-them City of Hollywood RFP04523SK for Citywide micro-transit Services Page 50 of 123                            893 Circuit was accepted and completed the URBANX Accelerator5 program where it received an investment from BMW/Mini and access to international mobility experts. Circuit has also completed the Los Angeles Cleantech Incubator(LACI)6, Civstart7, Leading Cities8 and AWS Smart Cities Accelerators. The team recently closed a Series A capital raise, welcoming a strong group of new investors. Circuit’s team has been asked to speak/participate at events like CoMotion Miami, LA CoMotion, Association for Commuter Transportation International Conference, Safe Streets Summit, Electrify Expo, LACI’s Transportation Electrification Summit, SmartCities NY, 2020 Cities, Civic Lab, and the UCLA Arrowhead Conference on Transportation. B5.1.4 Community Engagement Experience Circuit’s team has participated in local events such as Hollywood’s Candy Cane Parade, St. Patrick’s Day Parade, ArtWalk, Hollyweird, and in other service areas; Fort Lauderdale St Patrick’s Day Parade (annual), Broward Complete Streets, Food Deliveries in Hollywood for Feeding South Florida, and Cleaning Up Clematis in West Palm Beach. We do regular familiarization tours with media and meeting planners in our City Programs. We also donated a vehicle towards the recovery efforts for first responders to use during the Champlain Towers relief efforts. Along with events, Circuit stays actively engaged with our riders via the app, social media and publishes regular newsletters. Circuit has built a great base of over 10k local riders that we regularly send local newsletters to. This engagement has kept our ridership high and our riders informed of local events, happenings and businesses. HollyWeird Branding Partnering with Feeding South Florida to assist with Food Deliveries in Hollywood during Covid 8 https://leadingcities.org/accelicity/63dbbb3a-23ad-457287cf-2377dfdf766e 7 https://www.civstart.org/ 6 https://laincubator.org/second-cohort-of-market-access-program-provides-on-the-ground-mobility-solutions-for-communities-across-los-angeles/ 5 https://www.urban-x.com/ City of Hollywood RFP04523SK for Citywide micro-transit Services Page 51 of 123                            894 Circuit vehicle donated for Champlain Towers Relief Efforts in Bal Harbor, FL. Sample Newsletter to Hollywood Riders, February 2023 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 52 of 123                            895 As indicated in Section B1.2,Circuit regularly surveys its riders to learn more about the service and improve the quality of our offerings. Additionally, as indicated in Appendix 1.1,many of our riders are willing to add their names to a statement in support of our services B5.2 Project Experience B5.2.1 Past Project Experience- Hollywood Sun Shuttle Sun Shuttle- Hollywood, FL Type of Service On-demand micro-transit services Contract Term April 2019 Present Nature of Services On October 17, 2018 the Hollywood City Commission passed and adopted Resolution No. R2018335, authorizing the execution of an agreement with Free Ride, now known as Circuit Transit Inc. (" Circuit"), for circulator services to and from Downtown Hollywood, Hollywood Beach, and the City's parking garages for an initial one-year period with the option to renew for three additional one-year periods. The service commenced in May 2019 and has been renewed for each of the additional three one-year periods. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. This program began as a self-branded service and has recently opened for third party advertising. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. The City named the program “Sun Shuttle” which began as a self-branded service and has recently opened for third party advertising with a revenue share to the City. This program has exceeded the City’s expectations, doubling ridership at an estimated 70% of the cost of the previous trolley system. This program has continued to operate during the pandemic as an essential transportation service. Annual ridership has grown every year (including during peak Covid lockdowns in 2020. The service launched as free and at the April 2021 renewal we were asked to implement a $1 per rider fare to control demand, and ridership held steady. At the April 2022 renewal we were asked to increase the fare to $2 per person, ridership has remained strong. Hollywood Sun Shuttle Ridership by Month Jan 2021 Dec 2022 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 53 of 123                            896 This program started as a fare-free service and recently introduced a nominal $1 fare and $1 price per additional passenger. We have seen no drop in ridership as a result of fare implementation and have actually seen an increase in ridership since, with shorter wait times and an increase in operational efficiency. “Thank you and Hollywood for making it possible for our vulnerable Seniors to remain safe and healthy”- Memorial Senior and Family Services In response to the COVID19 outbreak, Circuit has adapted to provide mutual aid to the Hollywood community. Beginning in April 2020, Circuit partnered with Feeding South Florida, who have been supplying to local food banks. The three food banks involved are Liberia Economic and Social Development Inc., Community Enhancement Collaboration, and Cruciform Church. These organizations assembled boxes of donated food to be distributed and our drivers picked up the boxes and delivered them directly to the homes of the most vulnerable without access to transportation. The Hollywood drivers made 1,092 deliveries to at risk members of the community. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in Hollywood FL with Sun Shuttle branding Drivers in PPE, delivering grocery boxes during Covid B5.2.2 Past Project- FRED FRED San Diego, CA Type of Service On-demand micro-transit services, fare-based program Contract Term 2016 present Nature of Services In 2016, Civic San Diego and the Downtown San Diego Partnership selected Circuit to operate the Free Ride Everywhere Downtown FRED Circulator. The program has received national attention, community support, and extended funding. In its first year of operation, Circuit served over 140,000 riders, maintained wait times below 6.5 minutes, created over 35 new jobs, and saved 96.3 metric tons of CO2 emissions. Since then, Circuit has improved its technology on the vehicles, added a pooling algorithm to its app, used the data to enhance operations, and has saved 325 metric tons of CO2 emissions. Circuit provides over 25,000 rides per month and is on track to do over 280,000 rides per year. The City has funded the service with Circuit also selling third party advertising at a revenue share to the City to offset costs of operation. Circuit operates 1520 vehicles in the market, depending on demand. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 54 of 123                            897 Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit’s vehicle in San Diego CA B5.2.3 Additional Past Project Experience Please reference Appendix 3 and Appendix 4 for more evidence of Circuit’s relevant project experience. B5.3 References West Palm Beach, FL Project Manager:Teneka James Phone Number:5168338873 Email:tjames@downtownwpb.com Brightline Project Manager:Jean Carlos De Jesus Phone Number:7865611656 Huntington Beach, CA Project Manager:Sean Crumby Phone Number:7143745348 Pompano Beach, FL Project Manager:Jeff Lantz Phone Number:9547865580 Gardens Mall Palm Beach, FL Project Manager:Whitney Pettis Phone Number:5616222115 Additional experience City of Hollywood RFP04523SK for Citywide micro-transit Services Page 55 of 123                            898 B5.4 Customer Testimonials Confidential) Gus Zambrino, Assistant City Manager, City of Hollywood FL They are experienced and professional operators that are part of the community and provide a fun and convenient customer experience. Circuit’s team has been a pleasure to work with and have been great at building local support. Andria Wingett, Assistant Director of Development Services, City of Hollywood FL Circuit Transit is always responsive and has adapted to Hollywood’s changing needs; during the initial set-up, ongoing services and especially during the COVID pandemic. Carolina Galleguillos, BS, CDP, Memorial Senior and Family Services, Hollywood FL Thank you and Hollywood team members for making it possible for our vulnerable Seniors to remain safe and healthy in their homes. Our seniors so appreciate the fresh produce during this Pandemic. Sandra King, City Spokesperson, City of Pompano Beach FL You don’t have to drive anywhere, you don’t have to look for a place to park, you just jump on the circuit vehicle and go where you want to go. Ashley Medeiros, Destination Services, Discover the Palm Beaches The Circuit team is ALWAYS a great partner to work with. They are attentive, flexible, and hospitable! Luiz Aragon, Commission of Development for the City of New Rochelle, NY Circuit NR is a terrific community partner committed to providing safe, reliable and sustainable public transportation across New Rochelle’s downtown corridor. As we continue to see increased real estate demand across New Rochelle and as our once-in-a-generation downtown redevelopment continues to move forward, we believe Circuit NR’s electric on-demand shuttles can play a pivotal role in connecting our community to innovation, technology, arts, culture, schools, open space and our local businesses in an environmentally efficient way. As we see increased real estate demand across New Rochelle, we believe Circuit NR’s electric, on-demand shuttles can play a pivotal role in connecting our community to innovation… and our local businesses. Misti Kerns, Santa Monica Travel & Tourism They’re electric, they’re open air, and they’re fun. As that started to pick up and we started to hear good comments about it, we thought it might be a good option for some of the hotels. Their service has transformed our visitor and resident experience for short distance local travel. Their vehicles are always clean, new and fully stocked with our visitor guide, map and materials. Their drivers are always well informed on the destination, clean, uniformed, and friendly. I can’t imagine partnering with another provider for our electric transport needs, so great for this beach environment. Reese Jarrett, Civic San Diego Civic is thrilled to have played a part over this past year, in reducing congestion and decreasing the carbon footprint within the downtown community. Betsy Brennan, Downtown San Diego Partnership Since FRED's introduction to San Diego in 2016, Circuit has become an integral part of Downtown’s mobility structure. It provides residents, employees, and visitors a free, green, and enjoyable way to traverse Downtown’s neighborhoods while also mitigating congestion and parking issues. Mathew Sandford, Senior Director Economic Development, San Diego EDC City of Hollywood RFP04523SK for Citywide micro-transit Services Page 56 of 123                            899 In a region as dynamic and diverse as ours, the ability to easily get around is essential to our economic health. Micro mobility options, like the FRED program in Downtown, provide one tool in the economic development toolkit by addressing the last mile dilemma. Businesses of all types and sizes benefit when workers have options for getting to work, and patrons have easy access to goods and services. In short, the FRED program makes Downtown more accessible and is a model that could also benefit other communities in the San Diego region. Marisa Mangan, San Diego Association of Governments SANDAG Circuit’s neighborhood electric vehicle shuttles in downtown San Diego are a great example of how shared mobility services can provide efficient, convenient, and emission-free connections within a community. Services like Circuit directly support SANDAG’s bold new transportation vision for the region which includes implementation of Mobility Hubs served by a wide variety of Flexible Fleets. B6. ADA Compliance B6.1 ADA Compliance Plan Circuit has ADA compliant vehicles. In both the proposed operation plan, and any alternative option, Circuit proposes one 1 Ford ETransit EV Van to be available on standby for ADA requests; this vehicle will be able to move between zones as needed. Additionally, Circuit would provide the City one 1 Polaris GEM e6 ADA vehicle available on standby for ADA requests at no cost as this vehicle is a part of the branded existing fleet. For more information about vehicle accessibility please reference the B3.6 Vehicle Capabilities section above. Circuit will craft a service that is available for all users. Having done so already in other markets, Circuit will be able to provide a trusted option for passengers with disabilities. The drivers are trained to be accommodating to everyone looking for aride. Riders with disabilities have the option to request an ADA vehicle with a loading ramp. This request can be made through the ADA accessible app or by flagging down drivers. More information can be found in Section 2.1. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 57 of 123                            900 B7. Maintenance / Recovery Plan As stated in our Vehicle Maintenance section in Section B3.7.1, our in-house mobile service maintenance technicians are able to quickly respond to needs, and also adapt vehicles for the market. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,0005,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to planning future needs. For more information on our vehicle maintenance processes please refer to Section B3.7.1 Vehicle Maintenance. Access to Additional Vehicles Given our nearby operations, specifically in Fort Lauderdale, Pompano Beach, Wilton Manors and South Florida in general, we are readily able to supply additional electric vehicles on short notice on an as-needed basis. In the event a vehicle needs maintenance, our on-staff, GEM-certified technicians can typically be in the market within 20 minutes. If needed, a new vehicle can be brought to the market, or for events, within 2 hours. We have 52 vehicles within Broward County, and 79 within South Florida that are Circuit owned and therefore we have immediate access to this fleet, including spare vehicles in our Fort Lauderdale market. While Circuit has found great value in using GEM WAEV Vehicles), Ford eTransit EV Vans, Tesla and similar EV Sedans, we have built our systems for the electric vehicle types to be interchangeable. B7.1 Commitment to Avoid Service and Operation Disruptions Circuit has almost 4 years of experience operating a micro-transit service with up to 13 vehicles. We have and would remain committed to keeping the service operational through challenges that can occur. We have a robust preventative maintenance plan and certified maintenance technicians on staff to respond City of Hollywood RFP04523SK for Citywide micro-transit Services Page 58 of 123                            901 quickly (typically can be on site in under 1 hour) to diagnose and most times make any repairs or replace components on-site. In any event that a car needs a longer repair we have a large fleet in the area to send a replacement vehicle typically within 12 hours. Circuit is prepared to fulfill this requirement and is committed to avoiding service and operation disruptions. More details are provided about emergency management, risk mitigation, vehicle maintenance, customer service and operating procedures in Sections B3, B3.7, B4 and B5 B8, B.8.1 and B.8.2. B7.2 Scenario Response “The Contractor must also provide a response to this scenario: A vehicle breaks down in the middle of the afternoon (weekday) and the current outside temperature is 95 degrees Fahrenheit. The vehicle has a mixture of passengers: elderly, middle aged, children, and infants. Explain the Contractor's course of action that would be taken.” Circuit has extensive experience operating a high volume of shuttles moving tens of thousands of people every month. We are also contracted by Brightline Trains and have a response team for any disruption to train service where we dispatch EV Vans to move train passengers between stations if the tracks are temporarily closed. In the event of a vehicle breakdown, first and foremost we ensure that all passengers and staff are safe and clear from vehicular traffic. If an emergency response is needed we would call 911. We would direct all passengers to a safe area out of the heat, direct sun or inclement weather to wait for another vehicle to arrive. The driver of th disabled vehicle would then communicate with their supervisor to dispatch another vehicle to pick up the passengers. Direct communication via phone, text or a company slack channel ensures a quick response. For a disabled vehicle we have technicians nearby to diagnose and often repair on site, otherwise for larger repairs we have an account with both a local tow company and AAA if a vehicle needs to be transported on a flatbed trailer. Circuit is prepared to handle service disruptions and emergencies and has detailed its emergency management, risk mitigation and operating procedures in Sections B8, B.81 and B.82. B8. Risk Mitigation B8.1 Emergency Management Plan The Emergency Action Plan is designed to provide Circuit with a management tool to facilitate a timely, effective, efficient, and coordinated emergency response to significant events affecting our locations and our employees. Emergency management consists of four continuous stages: Mitigation This stage includes activities designed to reduce or eliminate risks to persons or property or to lessen the actual or potential effects or consequences of an incident. Mitigation measures may be implemented prior to, during, or after an incident. Mitigation involves ongoing actions to reduce exposure to, probability of, or potential loss from hazards. Measures may include analysis of hazard related data to determine where it is City of Hollywood RFP04523SK for Citywide micro-transit Services Page 59 of 123                            902 safe to relocate temporary facilities. Preparedness Preparedness is a continuous process. Preparedness involves efforts at all levels to identify threats, determine vulnerabilities, educate and train the employees and identify required resources. Preparedness is focused on establishing guidelines, plans, procedures, protocols, and standards for planning, training and exercises, personnel qualification and certification, equipment certification, and publication management. Response Response includes activities that address the short-term and direct effects of an incident. It includes immediate actions to save lives, protect property and the environment, and meet basic human needs. Response also includes the execution of emergency operations plans and of mitigation activities designed to limit the loss of life, personal injury, property damage, and other unfavorable outcomes. As indicated by the situation, response activities include applying intelligence and other information to lessen the effects or consequences of an incident; increased security operations; and continuing investigations into the nature and source of the threat. Recovery Recovery incorporates the development, coordination, and execution of service- and site-restoration plans; the reconstitution of operations and services; treatment of affected persons; additional measures for environmental and economic restoration; evaluation of the incident to identify lessons learned; post incident reporting; and development of initiatives to mitigate the effects of future incidents. B8.2 Risk Mitigation Plans Risks Risk Level: H, M L Offerors Mitigation Plan Safety of Riders H Rider safety is the most important thing at the Circuit. Circuit realizes that many factors go into this including drivers, cars and operations. All of Circuit's drivers go through both criminal and driving record background checks. This is required by the company's insurance provider. Beyond the background checks, each driver is vetted by management before being hired. Upon starting, the driver fills out and signs safety forms, goes through a training process and is further evaluated while driving and not. Additionally, management regularly monitors feedback from riders via app ratings, email feedback, etc. The drivers are also instructed on what to do and who to contact during any potential emergencies. Circuit also maintains the cars using the best practices established over the company's 11 year history of clean safety. The cars are City of Hollywood RFP04523SK for Citywide micro-transit Services Page 60 of 123                            903 inspected daily, preventative maintenance is performed to make sure everything is up to the company's standards. Additionally, older cars are rotated out once they've reached a certain mileage or fall below the company's high standards. Additionally, the GEM cars 25 MPH maximum speed, along with calming traffic, also does a great job to reduce the risk of a serious accident. Operations is the foundation of safety. Starting with the training, drivers learn how to operate the cars, safely pick up passengers - or get help for unruly patrons that should not ride, make sure all passengers are using their seatbelts, and more. Also, the drivers are instructed when to halt service. In the event of bad weather or other factors that may lead to unsafe conditions, we halt the service. Management is also able to monitor driver behavior and locate driver whereabouts using Samsara bi-directional dash cameras and our proprietary backend dashboard. Additionally, each driver is equipped with a company phone, fire extinguishers, first aid kits, and other necessary equipment. Safety and Security of personal belongings of riders and drivers H While the drivers do not handle the personal belongings of the passengers, every driver is encouraged to look around the car to make sure no one has left anything behind. In the event that something is left behind, the driver (if the passenger used the app) is able to call the last rider. If the rider does not respond then management is alerted via our internal messaging platform, Slack and belongings are held until someone claims them. If the app is included, passenger history is available to management to contact passengers as needed. Management has set up areas in all of its locations where drivers can safely store belongings, keys, phones, etc. Heat, Rain, Flooding, weather challenges M Weather can be a common concern in South Florida and Circuit has extensive experience with these issues in Hollywood and across South Florida. Management and drivers are in close contact and will halt services in the event that inclement weather leads to unsafe driving conditions. Safety is always a top priority. In the event of severe weather, Circuit takes the cars off of the road and stores them in indoor parking garages. Should space not be available, the back panels, rooftops and any extensions are removed from the cars to secure the vehicles. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 61 of 123                            904 During King tides, flooded areas are avoided. Drivers can contact riders requesting in those areas to notify them that the area is not passable. Circuit can quickly add important alerts to our app so when you open the Hollywood location a timely message pops up prior to requesting a ride. Maintaining a reliable, consistent schedule of service H Circuit uses its experience, data and marketing knowledge to stay ahead of factors that might impact the schedule of service. Understanding traffic patterns, bridget and toll timing and demand levels allows the management team to deploy the appropriate number of vehicles at any time. Additionally, contingency plans are in place and replacement vehicles are available in nearby Fort Lauderdale, should one of the shuttles be inoperable. Also additional drivers are available on call and in Fort Lauderdale should one of the drivers call out sick. Circuit always keeps backup drivers and backup cars available in order to maintain a consistent schedule of service. Maintaining qualified drivers H Circuit uses qualified, 21 , W2, paid hourly employees and vets them heavily before hiring. This, and maintaining a comfortable workplace is the key to retention. Driver retention is a factor that the company is proud of. There are happy teams in every market of service and retention rates remain high in Hollywood at 94%!. Additionally, Circuit uses Homebase - a scheduling software - to keep the team connected, manage shifts, etc. Lastly, if using the app, all of the drivers receive feedback from passengers allowing management to adjust and improve accordingly. Keeping vehicles operational H The key to keeping vehicles operational is regular service, proper charging/storage conditions and staying ahead of problems. With a fleet of 100 vehicles, Circuit has developed many systems to keep the vehicles operational. Additionally, Circuit has developed a close relationship with the vehicle manufacturer that lead to national fleet pricing, extended warranties and priority maintenance. Vandalism or theft of vehicles M Unfortunately, Circuit has dealt with vandalism in the past. Theft and vandalism are always concerns but the team does everything it can to prevent such instances - locking cars, storage facilities, cameras, routine spot-checks and more. In the event vandalism or theft takes place, Circuit will use its data and schedule to determine the exact time and place and who was working or was the last to work. From there, all incidents will be reported to local law enforcement and the company’s insurance providers. Vehicular accidents with H Fortunately, Circuit has a very strong safety record with few incidents to report. In the event that something happens with other City of Hollywood RFP04523SK for Citywide micro-transit Services Page 62 of 123                            905 automobiles, cyclists, pedestrians while on route automobiles, cyclists or pedestrians, the first move is always to see if anyone needs medical attention. If so, medical help will be sought immediately. The drivers are also equipped with fire extinguishers, first-aid kits, etc. From there, local law enforcement will be called to the scene. After such events, Circuit’s management will contact insurance providers and all parties involved in the incident. Circuit can also use data from the app to determine when the accident took place and how to mitigate future issues. B9. Local Vendor Preference As detailed in numerous sections above, Circuit, since launching the Sun Shuttle in 2019, has continued to maintain a local office, multiple facilities for parking and charging the fleet work with local businesses, and has built an amazing local staff, consisting of 74% who are proud to call Hollywood home. We work with, provide service to, and promote many local Hollywood based businesses. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 63 of 123                            906 B9.1 Local Hollywood Presence Lease for office space in Downtown Hollywood since July 2019 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 64 of 123                            907 Current City of Hollywood Business Tax Receipt City of Hollywood RFP04523SK for Citywide micro-transit Services Page 65 of 123                            908 Circuit has for years and continues to work with multiple local Hollywood vendors including: ●Circ Residences 1776 Polk Street ●Costa Hollywood Beach Resort 777 N. Ocean Dr. ●Golden Touch Auto Spa 1625 S Federal Hwy ●RAV Communications 1518 Garfield Street ●World Tire Inc. 1215 N Federal Hwy B10. Pricing Circuit offers a turnkey service with all-in pricing, which includes vehicles, staffing, insurance, technology, management, maintenance, data reports, marketing and grant writing support. Circuit understands the City’s desire to offer a low-fare service to residents, visitors, and commuters in Hollywood as defined by the RFP in reference to the three MTZ zone areas. As desired, we are proposing that the service continue to have a $2 per-trip rider fare. The only additional fees or costs not included in the price template would be any special services that take place outside of the regular service hours, such as events, in which case an hourly rate of $30/hr for GEM cars and $40/hr for EV Vans would apply for event services. Circuit is often willing to donate its services for local causes and City needs. Please note that pricing options are all flexible and Circuit hopes to work with the City to explore these options and/or a combination of these options to craft a solution that benefits the needs of the community. Pricing can be reduced via fare and advertising revenue generation and/or by adjusting service hours, types of vehicles and quantities of vehicles deployed during certain months of the year. B10.1 Fixed Pricing Rate Proposed Option As Detailed in Section B1.2,our proposed operating plan was structured using the details from the RFP. This option is broken into 3 different MTZ zones and is designed to operate 8 hours per day, 7 days per week, for a total of 56 weekly Hours.Our pricing is broken out in the Bid Form Format, provided with the RFP in Section C2 below and attached. It’s important to note that Circuit’s pricing is all-inclusive and structured as a turn-key operator. Our pricing includes setup, on demand rider and driver apps, monthly data reports, vehicles Electric Vans and GEM cars), maintenance, management, drivers, training, parking and charging. The pricing for our proposed option is available in BID Form Pricing, using the structure preferred by the City. This pricing is broken out by zone and City of Hollywood RFP04523SK for Citywide micro-transit Services Page 66 of 123                            909 includes a discount for guaranteed advertising revenues. Circuit understands that the City would like to split advertising revenues as 50% of net revenues. Circuit is willing to guarantee the bulk of these revenues upfront and then will discount future months if 50% of the net advertising revenue is greater than the guaranteed portion. Knowing we have local businesses as sponsors and more that are willing to sponsor we’re confident that demand from advertisers will continue to grow. Base year pricing details showing full costs, discount from guaranteed ads, Monthly Fixed Cost, and the expected fares to be returned to the City via the fare program.With all of these options Circuit is willing to provide an additional GEM NEV ADA vehicle to be available on standby for additional ADA requests, at no additional cost to the City. Please Note: The view below is only to provide more information. The Monthly Fixed Costs for our proposed option 56 hours/week, 3 zones) is available in Bid Form Pricing, Section C2 below and attached to the response. MTZ-1 (Hollywood Beach Zone) Total Number of NEV Cars 1 Total Number of EV Vans 1 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $19,986.40 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 1 $18,586.40 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $15,537.23 MTZ-2 (Historic Downtown Zone) Total Number of NEV Cars 1 NEV + 1 Standby ADA NEV at no charge 2 Total Number of EV Vans 1 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $18,031.28 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 2 $16,631.28 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $13,582.12 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 67 of 123                            910 MTZ-3 (Hillcrest/Washington Park) Total Number of NEV Cars 0 Total Number of EV Vans 2 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $23,598.40 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 3 $22,198.40 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $19,149.23 Circuit’s pricing will adjust with the hours needed and as more hours are added, the service becomes more cost effective. If the City would like to add additional hours for events, even pricing will be $30 per hour for GEM Vehicles and $40 per hour for Van Vehicles.Please reference Form 2 for Pricing. B10.2 Circuit Alternative Pricing Options Hollywood RFP 2023 Alternative Pricing Options are Detailed below and also available in Circuit Alternative Pricing Options Attachment and these options are further explained in Section B.1.2.2 above. Alternate Option A Hours Per Week 79 Total NEV Cars (3 Zones) 4 NEV + 1 Standby ADA NEV at no charge 3 Total EV Vans (3 Zones)4 TOTAL VEHICLES 7 Total Monthly Costs (3 Zones)$76,011 Monthly Discount for Ad Guarantee (pre total sales)-$4,620 Monthly FIxed Rate (3 Zones)$71,391 Annual Fixed Rated (3 Zones)$856,695 Monthly Expected Fares Returned -$12,921 Expected Monthly Total Cost to City (3 Zones)$58,470 Expected Annual Rate (3 Zones)$701,643 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 68 of 123                            911 Alternate Option A is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP, by approx 41%, while only increasing costs by approx 22%. Alternate Option B Hours Per Week 79 Total NEV Cars (3 Zones) 4 NEV + 1 Standby ADA NEV at no charge 5 Total NEV Cars (3 Zones) Low Season 2 Total EV Vans (3 Zones) Peak Season 4 Total EV Vans (3 Zones) Low Season 4 TOTAL VEHICLES (Peak Season)9 Total Monthly Costs (3 Zones) Peak Season $96,475 Total Monthly Costs (3 Zones) Low Season $76,011.27 Annualized Monthly Cost $86,243 Monthly Discount for Ad Guarantee -$5,390 Monthly FIxed Rate (3 Zones)$80,853 Annual Fixed Rated (3 Zones)$970,236 Monthly Expected Fares Returned -$15,075 Expected Monthly Total Cost to City (3 Zones)$65,779 Expected Annual Rate (3 Zones)$789,342 Alternate Option B is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Alternate Option C Hours Per Week 79 Total NEV Cars (3 Zones) Peak Season 4 NEV + 1 Standby ADA NEV at no charge 5 Total NEV Cars (3 Zones) Low Season 2 Total EV Vans (3 Zones) Peak Season 4 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 69 of 123                            912 Total EV Vans (3 Zones) Low Season 4 TOTAL VEHICLES (Peak Season)9 Total Monthly Costs (3 Zones) Peak Season $96,475 Total Monthly Costs (3 Zones) Low Season $76,011.27 Annualized Monthly Cost $86,243 Monthly Discount for Ad Guarantee -$5,390 Monthly FIxed Rate (3 Zones)$80,853 Annual Fixed Rated (3 Zones)$970,236 Monthly Expected Fares Returned -$22,612 Expected Monthly Total Cost to City (3 Zones)$58,241 Expected Annual Rate (3 Zones)$698,895 Alternate Option C is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Furthermore, Circuit will set up a new pricing model that will adjust rider pricing by zones. For example, a ride from Zone 3 to Zone 1 might be $4, but a ride within Zone 2 might be $2. This dynamic pricing model will also be structured to incentivize larger groups and increase efficiencies. B10.3 Unbanked Riders If selected for the contract Circuit looks forward to working with the City to create solutions to address unbanked riders and Circuit has various options available for the City to do so. 1. Circuit accepts street hails and does not charge riders for flagging the service down. 2. Circuit's app accepts prepaid cards, so a user can purchase a prepaid card using cash and use this prepaid card to credit the account. 3. Circuit can work with local businesses or government offices to "sell" promotional codes to riders to pre-load their account with funds for rides. This is also a feature that Circuit can offer businesses to be able to pre-pay for blocks of rides for their employees. 4. Circuit can work with the City to create a dial-in dispatcher system if needed. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 70 of 123                            913 C. Completed Forms and Certifications C1. This Submittal Checklist Confirmation City of Hollywood RFP04523SK for Citywide micro-transit Services Page 71 of 123                            914 C2. Bid Form Pricing) CONFIDENTIAL Bid Form Exhibit C is also available as an attachment EXHIBIT C CITY WIDE MICRO-TRANSIT SERVICES PRICING SHEET NOTE: Creative/optional pricing is encouraged and welcomed by the City and can be submitted for consideration in addition to the pricing below. The hourly rate for special events should NOT be included in the totals below. Base Year: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $18.586 $223,036 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $16,631 $199,575 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,198 $266,380 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL BASE YEAR:$57,416 $688,993 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $15,537 for MTZ-1, $13,582 for MTZ-2, and $19,149 for MTZ-3. Expected annual net total of: $579,223 Option Year 1: City of Hollywood RFP04523SK for Citywide micro-transit Services Page 72 of 123                            915 Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $18.586 $223,036 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $16,631 $199,575 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,198 $266,380 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 1:$57,416 $688,993 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $15,537 for MTZ-1, $13,582 for MTZ-2, and $19,149 for MTZ-3. Expected annual net total of: $579,223 Option Year 2: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $19,051 $228,612 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $17,047 $204,565 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,753 $273,040 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 2:$58,851 $706,217 7 Vehicles City of Hollywood RFP04523SK for Citywide micro-transit Services Page 73 of 123                            916 Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery for Year 2 would be: $15,925 for MTZ-1, $13,921 for MTZ-2, and $19,627 for MTZ-3. Expected annual net total of: $593,703 Option Year 3: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $19,527 $234,328 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $17,473 $209,678 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $23,322 $279,866 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 3:$60,322 $723,873 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $16,323 for MTZ-1, $14,269 for MTZ-2, and $20,118 for MTZ-3. Expected annual net total of: $608,546 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 74 of 123                            917 C3. Vendor Reference Forms City of Hollywood RFP04523SK for Citywide micro-transit Services Page 75 of 123                            918 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 76 of 123                            919 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 77 of 123                            920 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 78 of 123                            921 C4. Hold Harmless and Indemnity Clause City of Hollywood RFP04523SK for Citywide micro-transit Services Page 79 of 123                            922 C5. Non-Collusion Statement City of Hollywood RFP04523SK for Citywide micro-transit Services Page 80 of 123                            923 C6. Sworn Statement…Public Entity Crimes City of Hollywood RFP04523SK for Citywide micro-transit Services Page 81 of 123                            924 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 82 of 123                            925 C7. Certifications Regarding Debarment City of Hollywood RFP04523SK for Citywide micro-transit Services Page 83 of 123                            926 C8. Drug-Free Workplace Program Circuit confirms that it maintains a drug free workplace. Our team did not sign this document as one or more of the details set forth in this form may be slightly different than the policies that we have in place. Circuit is happy to discuss these policies with the City and as stated above we are comfortable enacting the FDOT policies as needed, if selected for this contract. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 84 of 123                            927 C9. Solicitation, Giving, and Acceptance City of Hollywood RFP04523SK for Citywide micro-transit Services Page 85 of 123                            928 C10. W9 Request for Taxpayer Identification) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 86 of 123                            929 C11. List of subcontractors Circuit will not use subcontractors on this project. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 87 of 123                            930 C12. Certificate(s) of insurance City of Hollywood RFP04523SK for Citywide micro-transit Services Page 88 of 123                            931 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 89 of 123                            932 C13. Proof of State of Florida Sunbiz Registration City of Hollywood RFP04523SK for Citywide micro-transit Services Page 90 of 123                            933 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 91 of 123                            934 Appendix Appendix 1 Letters of Support Appendix 1.1 Rider Letter of Support: City of Hollywood RFP04523SK for Citywide micro-transit Services Page 92 of 123                            935 Rider Letter Response Submissions: First name What most describes you?Additional Comments Louise Visitor Good service Jerry Visitor Kenya Resident Pete Visitor Doretha Resident Great service jeff Resident Veronica Resident Super friendly! Claudia Resident Kelsey Resident Kathleen Resident The drivers are always pleasant and helpful to our tourists Jim Resident Martina Visitor Wolfgang Resident Adriana Resident Amazing service BT Lou! Noah Other Pamela Visitor I used circuit in Pompano Beach and loved it! Dorothy Resident Circuit is wonderful, especially for senior citizens. Your drivers are all very nice. Thank you for this service. David Resident Linda Resident Wanda Resident She did a great job! Michael Visitor Michael Visitor City of Hollywood RFP04523SK for Citywide micro-transit Services Page 93 of 123                            936 Wanda Resident Michael Visitor Elizabeth Visitor Alex our driver was fabulous!! Nicole Visitor This is such a great asset to the area. It made our trip easy and comfortable. Not only will I highly recommend this to my travel friends, I would be less apt to travel to the Hollywood/Lauderdale area without it. Kyle Visitor Shay Other Jason Resident Love Circuit, just another thing that makes Hollywood great! Erin Resident I don't have a car, so circuit is a critical part of my transportation paradigm. Michael Visitor Circuit is a great addition to the community! Drivers are always friendly and helpful! Connie Resident, Business Owner A pleasure to feel I’m in vacation in my own city! Alana Resident Joe Visitor Jerry Visitor Ralph M was a great very personable driver. We really enjoyed the ride. jason Visitor Steven was a great driver and very informative. Sandra Resident Perfect service! Sandy Visitor Laura Visitor Love the circuit! Corinne Visitor The drivers are ALWAYS so nice and helpful. Carolina Resident Keri Resident Patricia Resident David Resident City of Hollywood RFP04523SK for Citywide micro-transit Services Page 94 of 123                            937 Zhanna Visitor Niki Visitor Lauren Resident Amazing service! Cant wait to ride again! Tim was fantastic Elizabeth Visitor Stephen was a great driver. Very informative and fun! Thank you! Susan Resident Great service mark Visitor great service well run - nice alternative to ride share Sul Visitor Love Stephen! Arielle Resident Circuit is a blessing for me. I dont have a car and im handicapped so im limited in my ability to walk distances. Circuit allows me to go grocery shopping, run errands, and even go to the beach. Im super grateful- we need more circuit everywhere- Protect our Earth from car pollution and continue to offer low cost rides . Thank you Monika Visitor Latoya Resident Latoya Resident Heather Visitor Casual ride. Loved it Alex Resident Isabel Resident Love the convenience. Especially appreciated with out-of-town visitors. Lynn Resident Randy Visitor James Remmy Resident Great service and friendly drivers. Dominic Resident DEBBIE Visitor We are from Pennsylvania but visit Hollywood frequently and love using Circuit City of Hollywood RFP04523SK for Citywide micro-transit Services Page 95 of 123                            938 Tatiana Resident I love it! Wish it was even more encompassing in the Lakes area! Michael Resident Beverly Resident I really enjoy the service its an asset to my life Beverly Resident I really enjoy the service its an asset to my life Susan Resident Circuit provides a vital service for the community! Tracy Visitor Gloria Resident Terri Resident I love the service! margarita Resident love CIRCUIT !!! Anna maria Visitor I love circuit .we dont have a car while were here very useful to us . Thank to all staff . By the way all drivers are very pleasant . Shanita Resident Tassana Resident I love the circuit it takes me to the beach and activities around the area I love it Dave Visitor Circuit is a wonderful service. I wish the hours were earlier in the morning. Linda Resident Excellent service. Friendly drivers. Tim & Yolanda are great salvina Other Rogelio Resident Is really Good and Nice for the city of Hollywood Rene Resident My family and I live circuit! NINA Visitor I look forward to the Circuit rides and the friendly service every time I visit. It's invaluable! Denise Resident Robin Resident Luz Resident I looove circuit transportation. I wish you ran a bit earlier. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 96 of 123                            939 Kevin Resident Josefina Resident Claude Resident Matthew Resident Tony Resident Tony Resident Dan Hana Resident Leslie Visitor Nan Visitor This is a tremendous service in an area with a shortage of parking places! Used it many times. Bryan Resident, Business Owner John Visitor Dirk Visitor We stayed in Hallandale this January and used circuit many times. I would like to see more use of this technology and keep it as a form of transportation in Hollywood as well in other communities Donnette Resident Raul Resident Ivan Resident Princess Resident I would love this for Washington dc Elly Resident Mike Resident Love the circuit. I will be taking it tonight to the beach. Alan Resident, Business Owner Great Service Drivers are always Happy and have a Smile on there face Vehicle always clean Lynda Visitor Kristine Business Owner Circuit has been a great addition to the Hollywood area and reduces traffic. Isaac Resident Keep up the good work! City of Hollywood RFP04523SK for Citywide micro-transit Services Page 97 of 123                            940 Steven Visitor This is a wonderful additional benefit to coming to visit Hollywood! Eric Resident Peter Resident Doug Business Owner Alex Business Owner It's great! Ian Business Owner Alana Resident City of Hollywood RFP04523SK for Citywide micro-transit Services Page 98 of 123                            941 Appendix 1.2 Letters of Support: Appendix 1.2.1 Water Taxi City of Hollywood RFP04523SK for Citywide micro-transit Services Page 99 of 123                            942 Appendix 1.2.2 Downtown Development Authority, WPB City of Hollywood RFP04523SK for Citywide micro-transit Services Page 100 of 123                            943 Appendix 1.2.3 Cityfi City of Hollywood RFP04523SK for Citywide micro-transit Services Page 101 of 123                            944 Appendix 1.2.4 Billy’s Stone Crab City of Hollywood RFP04523SK for Citywide micro-transit Services Page 102 of 123                            945 Appendix 1.2.5 World Tire Inc. City of Hollywood RFP04523SK for Citywide micro-transit Services Page 103 of 123                            946 Appendix 1.2.6 Margaritaville City of Hollywood RFP04523SK for Citywide micro-transit Services Page 104 of 123                            947 Appendix 1.2.7 Le Tub, Tiki Tiki, GG’s City of Hollywood RFP04523SK for Citywide micro-transit Services Page 105 of 123                            948 Appendix 1.2.8 Diplomat Beach Resort Valet Services) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 106 of 123                            949 Appendix 2 Example of Data Report Appendix 2.1 February 2023 Hollywood Data Report Below showcases the most recent monthly report of the Hollywood Sun Shuttle. Additional highlights include a $4.53 net cost per rider Almost 90% lower than comparable micro-transit systems), 148,000 annual riders, 11,859 passengers in the short month of February 2023, and 41 passengers per revenue hour. Over the past 10 months of operation, the Hollywood Sun Shuttle Circuit has reduced greenhouse gas emissions by 242 metric tons CO2, saved over 27,231 gallons of gas, and reduced traffic congestion by 182,000 miles driven (by an average gasoline-powered vehicle). This GHG savings is the equivalent to the emissions reduced by 4,001 tree seedlings grown for 10 years (calculated using EPA GHG Equivalencies Calculator9). 9 https://www.epa.gov/energy/greenhouse-gas-equivalencies-calculator City of Hollywood RFP04523SK for Citywide micro-transit Services Page 107 of 123                            950 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 108 of 123                            951 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 109 of 123                            952 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 110 of 123                            953 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 111 of 123                            954 END OF REPORT City of Hollywood RFP04523SK for Citywide micro-transit Services Page 112 of 123                            955 Appendix 3 Case Studies Appendix 3.1 Hollywood Case Study Hollywood Sun Shuttle 2023 Case Study- Page 1 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 113 of 123                            956 Hollywood Sun Shuttle 2023 Case Study Page 2 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 114 of 123                            957 Hollywood Sun Shuttle 2023 Case Study- Page 3 (last page) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 115 of 123                            958 Appendix 3.2 Brightline Case Study Brightline Case Study- Page 1 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 116 of 123                            959 Brightline Case Study- Page 2 Brightline Case Study- page 3 (last page) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 117 of 123                            960 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 118 of 123                            961 Appendix 3.3 San Diego Case Study San Diego Case Study- Page 1 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 119 of 123                            962 San Diego Case Study- Page 2 San Diego Case Study- page 2 (last page) City of Hollywood RFP04523SK for Citywide micro-transit Services Page 120 of 123                            963 Appendix 4 Additional Past Project Experience Appendix 4.1 New Rochelle NY Type of Service On-demand micro-transit services Contract Term August 2019 present Nature of Services In 2019, Circuit started a pilot program with the City of New Rochelle’s Industrial Development Agency IDA. The goal was to promote the downtown area’s businesses and new developments and to provide a free connection to the Metro-North Railroad. The program was a fast success, prompting the City to issue an RFP that Circuit was fortunate to win in January 2020. The service and local team quickly ingrained itself in the community, including coordination and outreach with Veterans groups, senior living communities, and the Chamber of Commerce. During the pandemic, Circuit partnered with 511NYRideshare to provide trips to visiting nurses between hotels and the Montefiore Hospital. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicle in New Rochelle Appendix 4.2 Brightline Type of Service On-demand micro-transit services, fare-based program Contract Term August 2021 present Nature of Services In 2021, Circuit was selected to provide on-demand first/last mile services by Brightline Trains for their reopening under the new program Brightline+. Service focuses on providing rides to/from Brightline stations within a specified radius of the Fort Lauderdale, West Palm Beach, and Miami stations. Passengers can now book private or shared rides in EV’s to and from all stations during the purchase of their train tickets online or in app. The innovative door to door service has significantly increased the user experience, streamlined travel, replaced ICE trips with EV trips and created 65 jobs. Nature & Type of Vehicles: all-electric mixed fleet with Polaris GEM e6, Tesla Model Y, and electric passenger vans City of Hollywood RFP04523SK for Citywide micro-transit Services Page 121 of 123                            964 Circuit GEM vehicles with Brightline branding at Brightline trains reopening and Brightline+ launch event Appendix 4.3. West Palm Beach, FL Type of Service On-demand micro-transit services Contract Term January 2013 present Nature of Services Circuit has operated on-demand services using electric vehicles in the area since 2013. We focused on riders within West Palm Beach and Palm Beach. This service has been provided over these years with funding support from brand sponsors as well as a small fare program. In 2021, Circuit won a contract with West Palm Beach DDA to offer expanded and fare-free services in West Palm Beach and Palm Beach. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in West Palm Beach with local business and safe street initiatives branding Appendix 4.4 Pompano Beach, FL Type of Service On-demand micro-transit services Contract Term 2021 present City of Hollywood RFP04523SK for Citywide micro-transit Services Page 122 of 123                            965 Nature of Services In 2020, Circuit was selected for this project through competitive RFP and began operating in Spring 2021. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. This program began as a self-branded service and then opened for third party advertising. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in Pompano Beach with City officials at ribbon cutting, 2021 City of Hollywood RFP04523SK for Citywide micro-transit Services Page 123 of 123                            966 City-Wide Micro-Transit Services 17 of 18 EXHIBIT D – Service Areas Micro-Transit Zones shown below may adjusted during the Contract Term based on demand/City needs at no cost to the City as long as there is no net change to the number of vehicles/hours of operation On-Demand Micro-Transit Zones Designated Drop-off/Pick up locations for the Fixed Route pilot test                            967 City-Wide Micro-Transit Services 18 of 18 EXHIBIT E – Pricing Total Costs – All Zones Unit Costs                            968 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.com January 12, 2026 City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Re: Notice Of Extension of the Interlocal Agreement For Funding On-Demand Transportation Services On March 5, 2024, the Board of the Boynton Beach Community Redevelopment Agency (“BBCRA”) approved the Interlocal Agreement Between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for Funding an On-Demand Transportation Services Pilot Program (“Interlocal Agreement”), pursuant to Resolution R24-041. The transportation services are provided by Circuit, Inc., pursuant to its agreement with the BBCRA, dated January 18, 2024 (“Circuit Agreement”). On February 11, 2025, the BBCRA Board approved Amendment No. 1 to the Circuit Agreement, extending the term for one (1) year, or until March 5, 2026, with two (2) additional one-year options to extend. On February 18, 2025, the City Commission approved the First Amendment to the Interlocal Agreement by Resolution R25-051, which includes the following extension provision: “Extension. In the event the Circuit Agreement is extended pursuant to an option to extend, this Interlocal Agreement shall be extended by the Mayor of the City, and the Board Chair of the CRA, on behalf of their respective entities. The Mayor and Board Chair are hereby approved and authorized to execute extensions to the Agreement to effectuate this paragraph.” The BBCRA has exercised its first option to extend the Circuit Agreement, and the term of the Circuit Agreement is now extended through March 5, 2027, under the same prices, terms, and conditions. Accordingly, and pursuant to the authority granted in the First Amendment to the Interlocal Agreement, the BBCRA and the City of Boynton Beach hereby extend the Interlocal Agreement to March 5, 2027, unless the Interlocal Agreement is otherwise terminated in accordance with its terms. 969 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.com ACCEPTED BY THE CITY OF BOYNTON BEACH: Signature: _______________________________ Rebecca Shelton, Mayor Date: ACCEPTED BY BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: Signature: ___________________________ Rebecca Shelton, Chair Date: 970 •Attachment I - Fully Executed Purchase and Development Agreement-Cottage District •Attachment II - Waiver of Notice Requirement COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.H SUBJECT: Approval of Waiver to the Purchase and Development Agreement with Pulte Home Company, LLC for the Cottage District Infill Housing Redevelopment Project SUMMARY: On February 25, 2023, the Purchase and Development Agreement (PDA) between the CRA and Pulte Home Company, LLC (Pulte) for the Cottage Infill Housing Redevelopment Project was executed (see Attachment I). The development consists of 41 for sale homes and will be offered to eligible homebuyers within the Palm Beach County Workforce Housing Program's Low Income (21 townhomes) and Moderate 1 (19 single family detached units) income categories. Pulte has requested the CRA to waive Section 21.c. of the PDA which requires the Pulte to notify the CRA in writing a minimum of forty-five days prior to when income qualification applications will be accepted by Palm Beach County and when the sale of the units will be provided to the general public (see Attachment II). CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton District CRA BOARD OPTIONS: Approve the Waiver of Section 21.c. of the Purchase and Development Agreement with Pulte Home Company, LLC for the Cottage District. ATTACHMENTS: Description 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 From:Andrew Maxey To:Shutt, Thuy Cc:Tack, Timothy; Utterback, Theresa; Nicklien, Bonnie; Curfman, Vicki; Hill, Vicki Subject:RE: Pulte LOI- Cottage District Date:Thursday, June 2, 2022 8:58:00 AM Attachments:image011.png image012.png image013.png image014.png image015.png image016.png Pulte LOI - Cottage District BBCRA_v2.pdf Good Morning Thuy, Although it’s not specifically referenced in the LOI, I also want to reaffirm Pulte’s commitment to working with as many local vendors and contractors as possible on this project. Pulte has existing contracts with 6 vendors located in Boynton Beach, 2 of which are within the boundary of the CRA. We also plan on utilizing local consultants for the community outreach phase of the project. Please let me know if you have any additional questions. Thank you. Andrew Maxey – VP Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305, West Palm Beach, FL 33401 Direct (561) 206-1410 Cell (404) 451-2386 andrew.maxey@pultegroup.com From: Andrew Maxey Sent: Wednesday, June 1, 2022 9:02 AM To: Shutt, Thuy <ShuttT@bbfl.us> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us>; Hill, Vicki <HillV@bbfl.us> Subject: RE: Pulte LOI- Cottage District Thuy, Sorry for the delay here. I have updated our LOI to reflect the 3 new single family plans we are proposing (Browning, Chapman, and Hamden). The collateral provided in Exhibit C show the front elevations, floorplans, square footage, and bed/bathroom count. Let me know any questions. Thanks. 997 Andrew Maxey – VP Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305, West Palm Beach, FL 33401 Direct (561) 206-1410 Cell (404) 451-2386 andrew.maxey@pultegroup.com From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Tuesday, May 17, 2022 7:02 PM To: Andrew Maxey <Andrew.Maxey@PulteGroup.com> Cc: Tack, Timothy <TackT@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us>; Hill, Vicki <HillV@bbfl.us> Subject: RE: Pulte LOI- Cottage District Good evening, Andrew, Thank you for your updated letter. We appreciate your interest in our Cottage District Project. We will update our files to include this revised LOI for the CRA Board’s consideration at their July 12th meeting (since the 30 day public notice time period will not end until after the June 14th Board meeting). Could you please give me a call at your earliest convenience so I can make sure the attached document (which was included in the 5/10 agenda item) will be updated to correctly reflect your revised LOI (SFD model size and types, etc.). Thank you. Thuy​ Shutt, AIA, FRA‑RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9098 ShuttT@bbfl.us | http://www.boyntonbeachcra.com 998 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Andrew Maxey <Andrew.Maxey@PulteGroup.com> Sent: Tuesday, May 17, 2022 4:37 PM To: Shutt, Thuy <ShuttT@bbfl.us> Subject: RE: Pulte LOI- Cottage District Thuy, Attached please find Pulte’s revised Letter of Intent to purchase the Cottage District property. Thanks, Andrew Maxey – VP Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305, West Palm Beach, FL 33401 Direct (561) 206-1410 Cell (404) 451-2386 andrew.maxey@pultegroup.com From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Wednesday, April 27, 2022 10:46 PM To: Andrew Maxey <Andrew.Maxey@PulteGroup.com> Subject: RE: Pulte LOI- Cottage District External Sender Thank you, Andrew. We will include this for the CRA Board consideration at the May 10th CRA Board meeting. We will provide you with the agenda item once the board packet is finalized and uploaded on the website (scheduled for May 3rd). Thuy​ Shutt, AIA, FRA‑RA Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 999 561-600-9098 ShuttT@bbfl.us | http://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Andrew Maxey <Andrew.Maxey@PulteGroup.com> Sent: Tuesday, April 26, 2022 3:41 PM To: Shutt, Thuy <ShuttT@bbfl.us> Subject: Pulte LOI- Cottage District Good Afternoon Thuy, I hope all is well with you. Pulte would like to respectfully submit the attached Letter of Intent to purchase the Cottage District property owned by the CRA. Please reach out with questions. Thank you, Andrew Maxey – VP Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305, West Palm Beach, FL 33401 Direct (561) 206-1410 Cell (404) 451-2386 andrew.maxey@pultegroup.com 1000 CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s).Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s).Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. 1001 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 REVISED: June 1, 2022 To: Thuy Shutt Executive Director Boynton Beach CRA Subject: Letter of Intent to Purchase Cottage District Property Thuy, Enclosed is the revised Letter of Intent for Pulte Home Company, LLC (Pulte) to acquire a +/-4.5- acre property owned by the Boynton Beach Community Redevelopment District, commonly known as the Cottage District Property. Pulte has made the following changes to the terms of the LOI: • Purchase Price- Increased land price to match the appraisal of $2,472,000 and removed 3% marketing fee. • Home Sale Prices- Adjusted our commitment on home sale prices to only target buyers in the Low and Mod-1 categories (60% to 100%), resulting in sales prices of $168,420 and $216,540, respectively. • Home Architecture- Added samples of the architecture style (see Exhibit C). It is also important to note that Pulte’s proposal is for 100% fee simple ownership and has no rental component. In alignment with the goals and principles contained in the 2016 Boynton beach CRA Redevelopment Plan, our proposal is uniquely designed to complement and add character to the neighborhood and provide home ownership for residents in the 40% to 100% AMI range. We thank you for the opportunity to revise our Letter of Intent and be considered again for this exciting project. Thank you, Andrew Maxey Vice President of Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305 West Palm Beach, Florida 33401 Andrew.Maxey@PulteGroup.com 1002 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 1) Property Description. The property under consideration consists of ±4.5 acres located in the City of Boynton Beach, Florida and roughly depicted below. 2) Valuation. The total purchase price for the property shall be $2,472,000. 3) Intended Use. Pulte’s intended use for the property is a fee-simple community designed in accordance with Palm Beach County’s Workforce Housing Program of at least 40 units. (See Exhibits A and B.) Units will be sold according to Palm Beach County Workforce Housing Program guidelines in the lower 2 categories (Low and Mod -1) which is based on AMI between 60% and 100%. The units will also be subject to a 15-year deed restriction on resale price. The proposed product is consistent with the plan previously submitted in the RFP and samples are attached in Exhibit C. 4) Deposits/Fees. First Escrow Deposit: The first deposit of $10,000 is due within five business days after the parties execute a mutually acceptable contract and is fully refundable to Pulte until the completion of the inspection period. Second Escrow Deposit: Upon the end of the inspection period, Pulte will deliver, within five business days, an additional deposit of $60,000 to escrow agent bringing the total deposit to $70,000. The first and second deposits are to be creditable against the total purchase price at closing and will be non-refundable after the expiration of the inspection period. 1003 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 5) Inspection Period. Pulte will require 120 days from the signing of the contract in which to investigate the property at Pulte's expense. 6) Entitlement Period. Following the expiration of the inspection period, Pulte shall have a period of 10 months to obtain the necessary entitlements to develop the property according to the intended use. 7) Closing Schedule. Pulte shall close on the property on the earlier to occur of 30 days after all closing conditions are fulfilled or 30 days after the expiration of the entitlement period. 8) Conditions to Close. a) Rezoning and land use approval in accordance with the intended use b) Final site plan approval for intended use c) Sitework/earthwork permits required for clearing and excavation d) Water/sewer permits e) SFWMD environmental resource permit (if applicable) f) US Army Corp of Engineers permit (if applicable) 9) Title Evidence. BBCRA will pay for title insurance in the amount of the purchase price and provide a title commitment during the first twenty days of the inspection period. Permitted title exceptions will be determined by the end of the inspection period. 10) Survey. If available, BBCRA will provide survey within the first five days of the inspection period. Pulte will be responsible for updating the survey. 11) Closing Costs and Proration. Each party will pay its cost of document preparation and attorney’s fees. BBCRA is to pay for documentary stamps in connection with the conveyance of the property. All real estate and personal property taxes, leases, and other related costs shall be prorated as of the date of the closing. 12) Broker. Pulte and BBCRA agree that they are not represented by any broker in this transaction. 13) Confidentiality. Pulte and BBCRA agree to maintain the terms of this LOI and all negotiations relating to the property as confidential between Pulte and BBCRA and shall not disclose their existence of this LOI to any other person. This letter is not intended to create legally binding commitments. Parties shall become legally bound only if and when they execute a mutually acceptable contract. If the foregoing i s acceptable, please indicate your approval by signing this letter in the space provided below and return one signed copy to Pulte at the address shown on this letterhead. Upon receipt of the acceptance, Pulte will commence preparation of a mutually accep table written contract. Agreed and Accepted: By: _______________________________________ Date: _____________________________________ 1004 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 Exhibit A: Palm Beach County Workforce Housing Program, 2021 WHP Unit Sales Prices: Exhibit B: Pulte’s intended use as reflected in original RFP submittal. Plan may be updated to include more units built on newly added parcels. Model Quantity Single Family Detached Browning (1 story) 2 Chapman (1 story) 4 Hamden (2 story) 3 Single Family Attached (2-Story Townhome) 20’ Interior Townhomes 19 20’ Exterior Townhomes 12 Total Units Proposed 40 1005 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 Exhibit C: Sample Elevations of Single-Family Product 1006 1,447 A/C Sq. Ft. | 3 Bedrooms | 2 Baths Browning Home Exterior FM1 Home Exterior CO1 1007 • 1,447 A/C Sq. Ft. • 3 Bedrooms • 2 Baths Browning Artist’s renderings are conceptual only and are not intended to be an exact representation or show specific detailing. Square footage, room dimensions and spatial arrangements on this plan are approximate and may vary in final construction and may vary by elevation. See a sales representative for details. ©2021 Pulte Home Company, LLC. CBC057850 CAS 9-17-21 Visit liveatcarversquare.com for more information on workforce housing at Carver Square. 2 CAR GARAGE 19'-4" x 19'-9" BEDROOM 3 11'-0" x 10'-6" BEDROOM 2 11'-0" x 10'-6" OWNER'S SUITE 13'-5" x 12'-11" GATHERING ROOM 13'-5" x 18'-2" CAFE 11'-2" x 8'-10" KITCHEN WIC LAUN BATH 2 L L FOYER O. BATH P 1008 1,662 A/C Sq. Ft. | 3 Bedrooms | 2 Baths Chapman Home Exterior FM1 Home Exterior CO1 1009 • 1,662 A/C Sq. Ft. • 3 Bedrooms • 2 Baths Chapman Artist’s renderings are conceptual only and are not intended to be an exact representation or show specific detailing. Square footage, room dimensions and spatial arrangements on this plan are approximate and may vary in final construction and may vary by elevation. See a sales representative for details. ©2021 Pulte Home Company, LLC. CBC057850 CAS 11-2-21 Visit liveatcarversquare.com for more information on workforce housing at Carver Square. COVERED LANAI 13'-0" x 9'-0" CAFE 11'-5" x 13'-2" OWNER'S SUITE 13'-8" x 12'-10" KITCHEN BEDROOM 2 12'-5" x 10'-6" BEDROOM 3 10'-1" x 10'-8" FOYER LAUN P L WIC GATHERING ROOM 16'-11" x 16'-8" 2 CAR GARAGE 20'-1" x 20'-2" BATH 2 1010 1,822 A/C Sq. Ft. | 3 Bedrooms | 2.5 Baths Hamden Home Exterior FM1 Home Exterior CO1 1011 • 1,822 A/C Sq. Ft. • 3 Bedrooms • 2.5 Baths Hamden Artist’s renderings are conceptual only and are not intended to be an exact representation or show specific detailing. Square footage, room dimensions and spatial arrangements on this plan are approximate and may vary in final construction and may vary by elevation. See a sales representative for details. ©2021 Pulte Home Company, LLC. CBC057850 CAS 9-17-21 Visit liveatcarversquare.com for more information on workforce housing at Carver Square. CAFE 11'-0" x 8'-0" KITCHEN STORAGE GATHERING ROOM 17'-8" x 19'-8" PR FOYER 2 CAR GARAGE 20'-2" x 20'-2" P PORCH UP LINE OF FLOOR ABOVE L LAUNDRY WIC O. BATH OWNER'S SUITE 13'-0" x 14'-4" BA. 2 L BEDROOM 3 10'-5" x 10'-4" L BEDROOM 2 11'-9" x 10'-9" DN First Floor Second Floor 1012 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 April 28, 2022 To: Thuy Shutt Executive Director Boynton Beach CRA Subject: Letter of Intent to Purchase Cottage District Infill Redevelopment Project Thuy, This letter is to serve as a Letter of Intent (LOI) for Pulte Home Company, LLC (Pulte) to enter contract negotiations to acquire ±4.5 acres in Palm Beach County, Florida owned by the Boynton Beach Community Redevelopment District (BBCRA). Pulte Home Company, LLC has the capital to complete this transaction, and we will not include any 3rd party lending approvals or state/local grants as part of our offer to purchase. We are flexible, and we are happy to negotiate deal terms. Our team does not use standardized contract templates, and we can make quick updates in an effort to reach a mutually beneficial agreement. This LOI follows our previous submittal during the BBCRA’s request for proposals in which Pulte’s submittal finished in second-place consideration. With the understanding that the first- place proposal has not materialized, Pulte submits its updated proposal. We look forward to hearing from you and want to assure you we are prepared to act quickly in working to arrive at a mutually acceptable contract. This offer is valid for one month. PulteGroup’s mission to be America’s most respected home builder begins with our site acquisition. On behalf of the PulteGroup Southeast Florida Division, we would be grateful for the opportunity to begin this process with you. Thank you, Andrew Maxey Vice President of Land Acquisition Southeast Florida Division 1475 Centrepark Blvd., Suite 305 West Palm Beach, Florida 33401 Andrew.Maxey@PulteGroup.com 1013 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 1) Property Description. The property under consideration consists of ±4.5 acres located in the City of Boynton Beach, Florida and roughly depicted below. 2) Valuation. The total valuation shall be the summation of the purchase price plus a BBCRA Success Fee. The total value is estimated at $688,000. a) A purchase price of $400,000, equal to $10,000 for each of the 40 homes proposed in Pulte’s intended use. b) A BBCRA Success Fee equal to 3% of the sales price of the completed homes and to be paid on a quarterly basis following home closings. Assuming an average sales price of $240,000, the Fee shall equal $288,000 (= 3% x $240,000 x 40 homes). c) Purchase price and Success Fee shall be paid in cash. Pulte does not require any loans or incentives to close. 3) Intended Use. Pulte’s intended use for the property is a fee-simple community designed in accordance with Palm Beach County’s Workforce Housing Program of at least 40 units. (See Exhibits A and B.) Units will be sold according to Palm Beach County Workforce Housing Program guidelines, which includes recording a covenant for a 15-year sales price dee restriction. 1014 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 4) Deposits/Fees. First Escrow Deposit: The first deposit of $10,000 is due within five business days after the parties execute a mutually acceptable contract and is fully refundable to Pulte until the completion of the inspection period. Second Escrow Deposit: Upon the end of the inspection period, Pulte will deliver, within five business days, an additional deposit of $60,000 to escrow agent bringing the total deposit to $70,000. The first and second deposits are to be creditable against the total purchase price at closing and will be non-refundable after the expiration of the inspection period. 5) Inspection Period. Pulte will require 120 days from the signing of the contract in which to investigate the property at Pulte's expense. 6) Entitlement Period. Following the expiration of the inspection period, Pulte shall have a period of 10 months to obtain the necessary entitlements to develop the property according to the intended use. 7) Closing Schedule. Pulte shall close on the property on the earlier to occur of 30 days after all closing conditions are fulfilled or 30 days after the expiration of the entitlement period. 8) Conditions to Close. a) Rezoning and land use approval in accordance with the intended use b) Final site plan approval for intended use c) Sitework/earthwork permits required for clearing and excavation d) Water/sewer permits e) SFWMD environmental resource permit (if applicable) f) US Army Corp of Engineers permit (if applicable) 9) Title Evidence. BBCRA will pay for title insurance in the amount of the purchase price and provide a title commitment during the first twenty days of the inspection period. Permitted title exceptions will be determined by the end of the inspection period. 10) Survey. If available, BBCRA will provide survey within the first five days of the inspection period. Pulte will be responsible for updating the survey. 11) Closing Costs and Proration. Each party will pay its cost of document preparation and attorney’s fees. BBCRA is to pay for documentary stamps in connection with the conveyance of the property. All real estate and personal property taxes, leases, and other related costs shall be prorated as of the date of the closing. 12) Broker. Pulte and BBCRA agree that they are not represented by any broker in this transaction. 13) Confidentiality. Pulte and BBCRA agree to maintain the terms of this LOI and all negotiations relating to the property as confidential between Pulte and BBCRA and shall not disclose their existence of this LOI to any other person. 1015 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 This letter is not intended to create legally binding commitments. Parties shall become legally bound only if and when they execute a mutually acceptable contract. If the foregoing is acceptable, please indicate your approval by signing this letter in the space provided below and return one signed copy to Pulte at the address shown on this letterhead. Upon receipt of the acceptance, Pulte will commence preparation of a mutually acceptable written contract. Agreed and Accepted: By: _______________________________________ Date: _____________________________________ 1016 Cottage District Infill – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 Exhibit A: Palm Beach County Workforce Housing Program, 2021 WHP Unit Sales Prices: WHP Income Category (Based on AMI) Sales Price Low 60% - 80% $48,120 - $64,160 $168,420 Mod1 >80% - 100% >$64,160 - $80,200 $216,540 Mod 2 >100% - 120% >$80,200 - $96,240 $264,660 Middle* >120% - 140% >$96,240 - $112,280 $312,780 Exhibit B: Pulte’s intended use as reflected in original RFP submittal. Plan may be updated to include more units built on newly added parcels. Model Quantity Single Family Detached (1-Story) Brookwood 2 Cedar 4 Highgate 3 Single Family Attached (2-Story Townhome) 20’ Interior Townhomes 19 20’ Exterior Townhomes 12 Total Units Proposed 40 1017 | 37Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project Project Description Pulte recognizes that redevelopment of the Cottage District, within the Heart of Boynton District, is a priority for the Boynton Beach CRA and we are very excited to share our proposal with the CRA. Our proposal is uniquely designed to complement and add value to the existing neighborhood and its residents as well as further the goals and principles contained within the 2016 Boynton Beach CRA Redevelopment Plan (“BBCRA Plan”). Among the goals that the Pulte proposal furthers from the plan are: ■Protect and enhance existing single-family neighborhoods ■Create a comfortable, walkable and safe pedestrian-scale environment connecting residents and visitors to the commercial, social/cultural and recreational amenities within each District ■Develop policies and strategies for providing adequate public parking within each District to support commercial and residential redevelopment ■Encourage and assist existing development and redevelopment projects that provide employment and economic opportunities ■Encourage the implementation of streetscape enhancements within the Districts ■Encourage the development of new affordable housing (with no subsidies from the CRA or any other public funding/tax source) Pulte’s plan consists of 9 single family detached and 31 single family attached (townhome) units for a total of 40 new single family units within the Heart of Boynton. Drawing from the architectural styles of the surrounding neighborhood and the BBCRA, we are proposing two styles – Florida Mediterranean and Florida Coastal. Both styles complement the existing homes, reflect the historic character of the proposed Shepard Funk Addition Historic Cottage District along NE 3rd Avenue and Boynton’s coastal history. Our plan provides new homeownership opportunities and has been carefully designed to enhance and protect the surrounding neighborhood. We’ve included a small neighborhood park along NE 1st Street with landscape, hardscape, shade structure and lighting features, as well as a dual use passive recreation/dry detention area, a network of sidewalks and pathways around and throughout the site which connect to the existing neighborhood and provide access for the community at- large. While the small park will be deeded to the City of Boynton Beach to ensure perpetual community access, the Pulte HOA may retain responsibility for park maintenance. We’ve also included additional parking, both on- street parking on NE 1st Street (six spaces in the right-of-way), as well as off-street – six at the townhomes and nine at the new park. The on-street parking, along with new decorative streetlights and the perimeter sidewalks provide traffic calming and a pedestrian environment to the site. The BBCRA Plan identifies the vision for the Heart of Boynton District as “becoming a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks.” The vision further addressed via three recommendations: Streetscape, Land Use, and Urban Design. Pulte’s plan responds to and enhances the each of the BBCRA recommendations for the Heart of Boynton District as explained below. F. DETAILED DESCRIPTION OF THE PROPOSED PROJECT Proposed Project Plan | 4 1018 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 38 Proposed Project Plan | 4 Streetscape The BBCRA Plan outlines a variety of streetscape enhancements for Seacrest Boulevard including “bus shelters and the creation of a Pedestrian Zone adjacent to rights-of-way that inviting, safe and includes a minimum 8’ wide clear sidewalk, decorative light poles are both vehicular and pedestrian scales, and installation of canopy trees that provide immediate sharing at time of construction”. Pulte’s plan includes a 5’ sidewalk, retaining the existing decorative streetlights and installing larger canopy trees along the portion of the site adjacent to Seacrest Boulevard. We are also continuing the pedestrian enhancements through an interconnecting network of sidewalks and pathways throughout the site. Decorative streetlights will be provided along the perimeter and interior of the site. Off-street parking is provided long NE 1st Street, which provides for traffic calming as recommended by the BBCRA and the community. Additional off-street parking is provided adjacent to the pocket park and within the site itself. Lastly, we have incorporated a bus shelter for school children in the pocket park along NE 1st Street. We will work with the CRA and the Palm Beach County School District to ensure the bus shelter meets their standards and is utilized as a neighborhood school bus stop. Land Use The existing future land designation for the site is Medium Density Residential and the BBCRA Plan notes that High Density Residential would also be appropriate. Pulte’s plan maintains the existing Medium Density Residential as a means of protecting the surrounding neighborhood. We have done so because while we understand the surrounding community desires new housing opportunities, they want the new opportunities to be consistent with and integrated into the existing fabric. We have opted to propose fee simple single-family opportunities instead of rental opportunities. The current zoning designation is R-2, One and Two-Family, which allows for the proposed density, however we will rezone to PUD. Urban Design The BBCRA Plan identifies three architectural styles in the Heart of Boynton District. The three architectural styles are Mission, Frame Vernacular and Mediterranean. The BBCRA Plan recommends “that when building in this District, new development shall utilize one of these styles”. The BBCRA Plan also notes that the Cottage District should be developed with single-family for- sale homes in the style of the surrounding historic cottages. The surrounding cottages are primarily frame vernacular. Pulte’s plan proposes two architectural styles in keeping with the recommendations of the BBCRA Plan. We are proposing the Florida Mediterranean which is consistent with the BBCRA Plan’s Mediterranean Revival 1019 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 39 Proposed Project Plan | 4 style and includes one and two-story structures, stucco finishes, gable and hip roofs with shingle tiles, window and door surrounds, decorative horizontal banding and graceful arches. Select plans also include columns and corbels. We are also proposing a Frame Vernacular style – Florida Coastal – which draws from Boynton Beach’s coastal identity and is consistent with the styles identified by the BBCRA. This style features stucco finishes, board and batten detailing, gable and hip roofs with shingles, rafters and decorative banding. In order to provide further consistency within Pulte’s plan, the single-family units will be offered in both architectural styles while the townhomes will be in the Florida Mediterranean. The architectural styles are also in keeping with the design guidelines contained in the City’s Land Development Regulations. Further, the RFP provides a variety of sample elevations including Mediterranean, Coastal, Craftsman and Caribbean. Both of our architectural styles, Florida Mediterranean and Florida Coastal, are consistent with the sample elevations contained in the RFP. The 2009 The Downtown Vision and Master Plan (“2009 DMP”) notes that while the area does not have a “signature look or style, the creation of a City’s identity … establishing urban design guidelines that will promote the vernacular architecture”. The 2009 DMP points to architectural structures that can be used as a “basis for future design guidelines” such as the Women’s Club and Old School House. The 2009 DMP further notes that the neighborhoods are predominantly a continuous network of streets in a grid pattern. The 2009 DMP also notes that land uses and densities should “ensure a logical and clear transition linking the downtown core to surrounding areas”. Pulte’s plan has taken each of the above recommendations into consideration. Specifically, our architectural style mirrors the Mediterranean Revival of the Women’s Club and the Old School House. We retain and complement the existing grid pattern of the neighborhood and our proposed density of 9.2 units per acre serves as a clear transition between the 2009 DMP and BBCRA Plan recommendations for higher densities in the urban core and the surrounding area as well as a transition to the higher densities proposed for the MLK District. The RFP provides Urban Neighborhood Site Plan Concepts including site planning elements for lots, special condition lots and garage design and sitting. Pulte’s plan meets the site planning concepts including an urban streetscape with consistent and minimum setbacks and shade trees and other landscaping to define the front yards and street edges and provide for traffic calming. Along the perimeter of the site, each home is sited towards and relates to the street. This pattern continues with the three interior townhome buildings which relate to the interior access drive. The sidewalks and driveways are of the same consistent material, AC units are screened, and garages are set back from the front of the homes on two of the three single family detached plans. Care has been taken to ensure the homes surrounding the pocket park respond to both the park and the street. With respect to garage siting, the driveways are limited to 9’ in width, whenever possible, and the garage is secondary due to being recessed, whenever possible. Description of Housing Units and Housing Types Proposed In an effort to better serve the needs of the surrounding community and residents, Pulte is proposing a mix of housing types including both single family detached and single family attached (townhome); a total of 9 single family and 31 townhome units are proposed across a total of five plans. Specifically, we are proposing three single family detached plans: the Brookwood, the Cedar, and the Highgate as well as two single family attached plans: the Navarre and the Grayton. The single family detached homes are one-story, 3 or 4 bedrooms, 2 baths, and 2 car garages. The single family attached (townhomes) are two story buildings (4, 5, and 7 unit configurations), 3 bedrooms, 2.5 baths, and 1 or 2 car 1020 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 40 Proposed Project Plan | 4 garages. The mean roof height of the single family detached homes is 13’9”. The mean roof height of the single family attached homes (townhome) is 25’3” and second floor wall planes are recessed. Additionally, the front facades are articulated to ensure the massing is consistent with the existing homes. The living area of the single family homes range from 1,447 to 1,850 square feet; while the living area of the townhomes are 1,636 square feet. Pulte’s floorplans are consumer driven and the result of extensive consumer research and feedback to create the best in livability. Our plans have flexible, updated floorplans to make the buyers life easier and more enjoyable. The chart below details the total square footage, living area square footage (under air), number of bedrooms, number of bathrooms and garage for each plan as well as the proposed number of each plan. All plans include our signature Build Quality Experience which includes communication with the buyer every step of the way. Pulte Construction Standards meet or exceed those of the industry. We include many energy-efficient and smart home features that help reduce the home’s energy consumption such as radiant barrier roof decking to reduce heat absorption and improve HVAC efficiency, high-efficiency HVAC systems, programmable thermostats, energy-star qualified appliances, low-emissivity windows and compact fluorescent and LED lighting. Pulte homes are built with sustainability in mind. We partner with industry leaders who strive for the same excellence as we do including Lenox, Moen, Mohawk, Shaw, Sherwin-Williams and Whirlpool. Please refer to page 41 for additional building specifications. Model Total Square Footage Living Area Square Footage Bedrooms Bathrooms Height Garage Quantity Single Family Detached (1-Story) Brookwood 2,028 1,447 3 2 13’9”2 car 2 Cedar 2,267 1,662 3 2 13’9”2 car 4 Highgate 2,399 1,850 4 2 13’9”2 car 3 Single Family Attached (2-Story Townhome) Navarre 18’ (interior units)1,874 1,636 3 2.5 25’3”1 car 19 Grayton 20’ (end units)2,084 1,637 3 2.5 25’3”2 car 12 Total Units Proposed 40 Density 9.2 du/ac 1021 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 41 Architectural and Design Features ■Monolithic slab and CMU (concrete block) exterior walls with bond beams ■Prefabricated engineered wood truss system for floors and walls ■Stucco textured finish exterior walls and overhangs ■Tamko Heritage architectural shingles (or equivalent) ■Clopay Raised Panel Garage Doors (or equivalent) ■PGT Impact windows second floor ■Hurricane shutters for first floor windows ■Decorative stucco banding per plan ■Decorator selected exterior paint schemes including wall, accent, trim, front door and garage door differentiation ■Decorative pavers for driveways and walk to home ■Exterior gutters per plan ■Exterior hose connection in rear ■Exterior GFI receptacles (one in rear, one in front) ■Coach lights on garages ■Lenox 15 SEER air conditioning system with programmable digital thermostat ■Fully irrigated lot with oversized trees, shrubs and sod per plan Interior ■Knockdown drywall finish on ceilings and walls ■White flat paint on all ceilings and walls, white semi- gloss on all doors and trims ■R-30 ceiling insulation, R4.1 foil on exterior masonry walls ■Colonist, molded, hollow core 2 panel interior doors ■Whirlpool Energy star rated kitchen appliances including refrigerator, dishwasher, microwave, range, washer, and dryer ■Decorative 2 ¼” casing on all swing doors and 3 ¼” baseboards in all rooms ■Lever door hardware on all interior doors ■ITS 17” tile flooring in kitchen, dining, and bathrooms (or equivalent) ■Moen chrome bath fixtures ■Shaw carpet in bedrooms and gathering room ■Wood window sills ■Generous bedroom and linen closets and kitchen pantry closets per plan ■Ventilated “free glide” vinyl coated metal closet shelving ■Minimum 50-gallon electric water heater ■Minimum 150 amp electric service ■Decora rocker light switches throughout home with standard receptacles ■Smoke/carbon detectors per code ■RG6 and CAT 5E data/cable in all bedrooms and living rooms ■Energy rated designer LED lighting fixture package including downlights With respect to the minimum energy efficiency guidelines contained in Attachment F “Energy Efficiency Guidelines Checklist” of the Cottage District RFP, Pulte certifies that we meet and exceed all elements. Pulte Homes Building Specifications Examples of architectural design 1022 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 42 Proposed Project Plan | 4 Public Benefits As outlined above, the Pulte plan provides many public benefits to the community at-large and the Boynton Beach CRA. Each benefit is summarized below. ■Affordable Housing. One of the tantamount benefits is the provision of 40 new affordable homes, consistent with the Palm Beach County Workforce Housing program, with no CRA assistance or reliance on any other public/tax funding source. Units will be sold to households at 80 to 140% area median income (AMI), with the majority sold to households at the 80 to 120% AMI. ■Preservation and Enhancement of Existing Single Family Community. The Pulte plan is designed to be integrated within the existing community and proposes two architectural styles which are complementary to the surrounding neighborhood and consistent with the Heart of Boynton recommendations contained in the BBCRA Plan. ■Walkable Pedestrian Scale Environment. The Pulte plan provides pedestrian enhancements through an interconnecting network of sidewalks and pathways throughout the site. ■Enhancement of Streetscape. The Pulte plan provides on-street parking, decorative streetlights, larger than code street trees and a perimeter sidewalk all of which are designed to enhance the streetscape and provide traffic calming. ■Public Park. The Pulte plan provides a neighborhood park along NE 1st Street that features landscaping, hardscaping, a shade structure, lighting feature and connects to the dual use passive recreation/dry retention area, thereby expanding the recreational opportunities. This park will be deeded to the City of Boynton Beach but may be maintained by the Pulte HOA. ■Bus Shelter. The Pulte plan provides for a bus shelter along NE 1st Street. Pulte will work with the CRA and the Palm Beach County School District to ensure the shelter is utilized. ■Efficient and Sustainable Homes. Pulte’s construction practices maximize efficiency and sustainability which helps with ongoing affordability. ■Increase City of Boynton Beach Tax Base. Increase the City’s tax base by $8,400,440 based projected sales prices. ■No CRA Funding. Pulte’s plan does not require any CRA funding freeing up $385,825 allocated for the Cottage District for other CRA projects and priorities. ■Community Engagement. Utilize our existing local vendor base including vendors located within the CRA boundaries and identify and recruit new vendors to ensure that that local businesses and residents benefit from this development initiative 1023 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 44 SINGLE FAMILY - BROOKWOOD Proposed Project Plan | 4 3 Bedrooms | 2 Bathrooms | 2 Car Garage | 1,447 SQ FT EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Brookwood Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 144740'-0"50'-8"Zone CMU OPT. OPT. Covered Lanai 4' GARAGE EXT. OPT OPT. TRAY OPT. DROPPED TRAY Shower Walk-In @ Owner's Bath OPT. OPT. TRAY OPT. DROPPED TRAYOPT. ODKEQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Brookwood Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 144740'-0"50'-8"Zone CMU OPT. OPT. Covered Lanai 4' GARAGE EXT. OPT OPT. TRAY OPT. DROPPED TRAY Shower Walk-In @ Owner's Bath OPT. OPT. TRAY OPT. DROPPED TRAYOPT. ODKOption 1024 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 45 SINGLE FAMILY - CEDAR Proposed Project Plan | 4 EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Cedar Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 1,66240'-0"58'-0"Zone CMU OPT. OPT. Covered Lanai Extension 4' GARAGE EXT. OPT Owner's Bath 2 Kitchen Layout 4 Sliding Glass Door @ Gathering Room OPT. TRAY OPT. DROPPED TRAY OPT. OPT.OPT. ODKOPT. ODKOPT. ODK3 Bedrooms | 2 Bathrooms | 2 Car Garage | 1,662 SQ FT EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Cedar Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 1,66240'-0"58'-0"Zone CMU OPT. OPT. Covered Lanai Extension 4' GARAGE EXT. OPT Owner's Bath 2 Kitchen Layout 4 Sliding Glass Door @ Gathering Room OPT. TRAY OPT. DROPPED TRAY OPT. OPT.OPT. ODKOPT. ODKOPT. ODKOption 1025 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 46 SINGLE FAMILY - HIGHGATE Proposed Project Plan | 4 EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Highgate Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 1,85040'-0"60'-0"Zone CMU OPT. Covered Lanai Extension Owner's Bath 2 Kitchen Layout 4 OPT. OPT. OPT. 4' GARAGE EXT. OPT OPT. DROPPED TRAY OPT. TRAY OPT. ODKOPT. ODK4 Bedrooms | 2 Bathrooms | 2 Car Garage | 1,850 SQ FT EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Highgate Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2020 Pulte Homes, Inc. First Floor 1,85040'-0"60'-0"Zone CMU OPT. Covered Lanai Extension Owner's Bath 2 Kitchen Layout 4 OPT. OPT. OPT. 4' GARAGE EXT. OPT OPT. DROPPED TRAY OPT. TRAY OPT. ODKOPT. ODKOption 1026 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 47 Proposed Project Plan | 4 SINGLE FAMILY ATTACHED - GRAYTON AND NAVARRE Proposed plan utilizes 4, 5, and 7 unit configurations GraytonExterior Unit NavarreInterior Unit 1027 Boynton Beach CRA | Cottage District Infill Housing Redevelopment Project | 48 Proposed Project Plan | 4 SINGLE FAMILY ATTACHED - GRAYTON AND NAVARRE 3 Bedrooms | 2.5 Bathrooms | 2 Car Garage | 2 Floors | 1,637 SQ FT 3 Bedrooms | 2.5 Bathrooms | 1 Car Garage | 2 Floors | 1,636 SQ FT FIRST FLOORSECOND FLOORFIRST FLOORSECOND FLOOR1028 © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NE 4TH AVEN SEACREST BLVD50'51'12'13' 100'110' 60'50'100' 25' 6' S/W 5' S/W 5' S/W 1 2 3 4 5 6 7 8 9 13 141516171819 BUILDING A 6 UNITS BUILDING C 8 UNITS BUILDING B 6 UNITS 20' 14' 50'50' 20' 20' 5' S/W5' S/W 10' R.O.W. DEDICATION10' R.O.W. DEDICATION 10' R.O.W. DEDICATION 5' S/W 12 11 10 DRY DETENTION 0.47 AC. 4 W BOYNTON BEACH BLVD N SEACREST BLVDPROJECT SITE BBCRA - PLAN - CSP-01_R1.DWGCADBenjamin Valente P:\PLACE\NEW PROJECT - Boynton Cottage District\Concepts\BBCRA - PLAN - CSP-01_R1.dwg ---- Plotted: 8/9/2022 5:30:53 PM Saved: 8/9/2022 5:16:40 PMSHEET:NO.DATEDESCRIPTIONBYREVISIONSCSP-01_R1PROPOSED COTTAGE DISTRICTCONCEPTUAL SITE PLAN #01####2022-8-09BPVSDPSCALE: 1" = 30' 0 15 30 60 JOB NO.DATEDRAWN BYCHECK BY2035 Vista Parkway, West Palm Beach, FL 33411Phone No. 866.909.2220 www.wginc.comCert No. 6091 - LB No. 7055LOCATION MAP SITE AREA TOTAL UNITS SINGLE-FAMILY TOWNHOME (MULTI-FAMILY) DENSITY PARKING REQUIRED SINGLE-FAMILY TOWNHOME GUEST 4.7 AC. 39 19 20 8.3 D.U. PER AC. 1 SP. PER BEDROOM 2 SP. PER UNIT 0.15 SP. PER MULTI-FAMILY UNIT 1029 Browning Model Chapman Model Hamden Model Craftsman Coastal Mediterranean (CRA Board Selected Option) 1030 1031 Pulte Home Company, LLC Cottage District Exhibit D consists of the following items: •Proposed site plan showing which plan goes on which lot. Plans have been predesignated to comply with the anti-monotony requirements in the PSA. •Renderings depicting Coastal elevations for the THs and the SF. •Floorplan brochures for each plan •Draft color schemes (one for each TH building and six for the SF units). SF color schemes will be assigned by the builder prior to permitting. •Proposed project schedule •Proposed project budget Both townhome plans, the Cobalt and the Latitude, will be offered for sale at the Palm Beach County Workforce Housing Program Low Income Category. The 2022 sales price for the Low Income category is $189,630. This sales price and household income ranges are adjusted annually by Palm Beach County, typically in July. We will use the sales price in effect at the time of sale. The three single family plans, the Chapman, Browning and Hamden, will be offered for sale at the Palm Beach County Workforce Housing Program Moderate 1 Income Category. The 2022 sales price for the Moderate 1 Income category is $243,810. This sales price and household income ranges are adjusted annually by Palm Beach County, typically in July. We will use the sales price in effect at the time of sale. 1032 © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NE 4TH AVEN SEACREST BLVD1 2 3 4 1617 BUILDING C 6 UNITS 5 6 7 8 9 10 11 12 13 14 15 DRY DETENTION 0.60 AC. CL CL CL NE 5TH AVENUE NE 1ST STREETR15', TYP. R15', TYP. 6' S/W 5' S/W 5' S/W 10' R.O.W. DEDICATION10' R.O.W. DEDICATION 10' R.O.W. DEDICATION 5' S/W 40' R.O.W. 100'100' 50'52.5' 50' 50' 100' 19' 10' 15' 11.9' 24' 10' 10' 5' LANDSCAPE BUFFER 20' 20' 6.6' 100' 50' 50' 50' 50' 109.6'109.6' 55'50'45'58.6'56.8'40'40'50'50' 20'2' V.G. 5' S/W 5' S/W 20' TYP. 31.8' 27.5' 27.5' 20' TYP. 30.3' 5' S/W 26.9' 20' TYP. BUILDING D 4 UNITS POCKET PARK (0.19 AC.) 20' TYP. 24' 10' 20' 30' 20' ACCESS/MAINTENANCE EASEMENT 2' V.G. 50'50' 1819 BUILDING A 6 UNITS BUILDING B 6 UNITS 85.8' 56.7' CHAPMAN CHAPMAN CHAPMAN CHAPMAN BROWNING BROWNING BROWNING HANDEM CHAPMAN HAMDEN HAMDEN BROWNING BROWNING BROWNING 10.6' 5' 5' 5'7.5' 7.5' 5'13.6' 11.8' 5'5'5' 5'5' 5'5' 14.3' 5' 5' 5' 5' 5' 5' 5' 5' 5' 5' 25' TYP.25' TYP. 6.6' 21.3' 17' 21.3' 21.3' 18.4' 17.1' 21.3'17' 26.8'21.3' 26' 37.2'30.9'26.6' 5' HAMDEN 5' 5' 26.8' 47.3' 100' 47.3' 10' U.E. 10' U.E.10' U.E. 10' U.E. 10' U.E. 80' 30' 40' 50' 50' 50' 47.3' 120' 50' 50' 25' TYP. 80'47.3' 50' 10' U.E. 10' U.E. 120' 5' 25' TYP. 11.8' 20.7'10' 12.9' 17' 5' 21.4' 25' TYP. HAMDEN BROWNING CHAPMAN HAMDEN W BOYNTON BEACH BLVD N SEACREST BLVDPROJECT SITE 852100 - PL -LOTFIT_R1.DWGCADRoosevelt Castillo P:\8500\8521.00 Boyton Bch CRA Cottage D\PLAN\CAD\Exhibits\852100 - PL - LOTFIT_R1.dwg ---- Plotted: 1/25/2023 12:27:06 PM Saved: 1/19/2023 12:08:38 PMSHEET:NO.DATEDESCRIPTIONBYREVISIONSEX-1PROPOSED COTTAGE DISTRICTLOT FIT VERSION 18521.002022-10-19BPVSDPJOB NO.DATEDRAWN BYCHECK BYR2035 Vista Parkway, West Palm Beach, FL 33411Phone No. 866.909.2220 www.wginc.comCert No. 6091 - LB No. 7055LOCATION MAP SCALE: 1" = 30' 0 15 30 60 SITE AREA TOTAL UNITS SINGLE-FAMILY TOWNHOME (MULTI-FAMILY) DENSITY UNIT MIX (AS SHOWN) BROWNING CHAPMAN HAMDEN 4.7 AC. 41 19 22 8.7 D.U. PER AC. 19 7 6 6 12022-10-19INITIAL LOT FIT CONCEPTBPVBROWNING MODEL HAMDEN MODEL CHAPMAN MODEL 50.7' 40' 30' 45.3' 58' 40' 1033 2 CAR GARAGE 19'-4" x 19'-9" BEDROOM 3 11'-0" x 10'-6" BEDROOM 2 11'-0" x 10'-6" OWNER'S SUITE 13'-5" x 12'-11" GATHERING ROOM 13'-5" x 18'-2" CAFE 11'-2" x 8'-10" KITCHEN WIC LAUN BATH 2 L L FOYER O. BATH P EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Browning Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2021 Pulte Homes, Inc. First Floor 144740'-0"50'-8" BOYNTON COTTAGE DISTRICT UNDER AIR 1034 Browning1035 COVERED LANAI13'-0" x 9'-0" CAFE11'-5" x 13'-2" OWNER'S SUITE13'-8" x 12'-10" KITCHEN BEDROOM 212'-5" x 10'-6" BEDROOM 310'-1" x 10'-8" FOYER LAUN P BATH 2 O. BATH 2 CAR GARAGE20'-1" x 20'-2" L WIC GATHERING ROOM16'-11" x 16'-8" EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Chapman Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2019 Pulte Homes, Inc. First Floor 1,66240'-0"58'-0" BOYNTON COTTAGE DISTRICT UNDER AIR 1036 Chapman1037 CAFE 11'-0" x 8'-0" KITCHEN STORAGE GATHERING ROOM 17'-8" x 19'-8" PR FOYER 2 CAR GARAGE 20'-2" x 20'-2" P PORCH EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Hamden Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2021 Pulte Homes, Inc. First Floor 1,82230'-0"45'-3" UP LINE OF FLOOR ABOVE BOYNTON COTTAGE DISTRICT UNDER AIR 1038 L LAUNDRY WIC O. BATH OWNER'S SUITE 13'-0" x 14'-4" BEDROOM 2 11'-9" x 10'-9" BA. 2 L BEDROOM 3 10'-5" x 10'-4" EQUAL HOUSING OPPORTUNITY DEPTHWIDTH SQ FTG Hamden Floor plans, Elevations and Options will vary from Communityto Community and may not reflect current changes. Dimensions shown are approximate.(c) Copyright 2021 Pulte Homes, Inc. Second Floor 1,82230'-0"45'-3" DN BOYNTON COTTAGE DISTRICT UNDER AIR 1039 Hamden1040  1st Floor (Stucco or Siding)SW 7006 Extra White (238 239 234)SW 6203 Spare White (228 228 221)SW 7003 Toque White (231 226 218)SW 9136 Lullaby (203 212 212)SW 7672 Knitting Needles (195 193 188)SW 0052 Pearl Gray (203 206 197)Loft SidingSW 7006 Extra White (238 239 234)SW 6203 Spare White (228 228 221)SW 7003 Toque White (231 226 218)SW 9136 Lullaby (203 212 212)SW 7672 Knitting Needles (195 193 188)SW 0052 Pearl Gray (203 206 197)2nd Floor SidingSW 7006 Extra White (238 239 234)SW 6203 Spare White (228 228 221)SW 7003 Toque White (231 226 218)SW 9137 Niebla Azul (182 195 196)SW 7066 Gray Matters (167 168 162)SW 0052 Pearl Gray (203 206 197)Trim SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 7658 Gray Clouds (183 183 178)SW 7070 Site White (220 222 220)SW 7067 Cityscape (127 129 126)SW 6203 Spare White (228 228 221)Accent SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 7671 On The Rocks (208 206 200)SW 9138 Stardew (166 178 181)SW 7570 Egret White (223 217 207)SW 6203 Spare White (228 228 221)Front Door SW 6989 Domino (53 51 55)    SW 6214 Underseas (124 142 135)SW 7603 Poolhouse (128 149 160)SW 7076 Cyberspace (68 72 77)SW 7624 Slate Tile (96 110 116)SW 6223 Stillwater (74 93 95)Garage DoorSW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 7658 Gray Clouds (183 183 178)SW 7070 Site White (220 222 220)SW 7570 Egret White (223 217 207)SW 6203 Spare White (228 228 221)ShuttersSW 6989 Domino (53 51 55)    SW 6214 Underseas (124 142 135)SW 7603 Poolhouse (128 149 160)SW 7076 Cyberspace (68 72 77)SW 7570 Egret White (223 217 207)SW 6223 Stillwater (74 93 95)Tamko Heritage Asphalt ShingleThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyPaver ‐ Tremrom 4x8 BrickGraniteGraniteGraniteGraniteGraniteGraniteGutters, Windows & FenceLow Gloss WhiteLow Gloss WhiteLow Gloss WhiteLow Gloss WhiteLow Gloss WhiteLow Gloss WhiteCoastal Color Schemes ‐ SFCO1CO2CO3CO4CO5CO61041 BOYNTON COTTAGE DISTRICT UNDER AIR 1042 BOYNTON COTTAGE DISTRICT UNDER AIR 1043 6 Unit A 1044 6 unit A 1st Floor (Stucco or Siding)SW 9161 Dustblu (149 155 160)SW 9137 Niebla Azul (182 195 196)SW 6203 Spare White (228 228 221)SW 6203 Spare White (228 228 221)SW 9137 Niebla Azul (182 195 196)SW 9161 Dustblu (149 155 160)Loft SidingSW 9161 Dustblu (149 155 160)SW 9137 Niebla Azul (182 195 196)SW 6203 Spare White (228 228 221)SW 6203 Spare White (228 228 221)SW 9137 Niebla Azul (182 195 196)SW 9161 Dustblu (149 155 160)2nd Floor SidingSW 6253 Olympus White (212 216 215)SW 9139 Debonair (144 160 166)SW 6203 Spare White (228 228 221)SW 6203 Spare White (228 228 221)SW 9139 Debonair (144 160 166)SW 6253 Olympus White (212 216 215)Trim SW 7005 Pure White (237 236 230)SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 0052 Pearl Gray (203 206 197)SW 7006 Extra White (238 239 234)SW 7005 Pure White (237 236 230)Accent SW 7005 Pure White (237 236 230)SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 0052 Pearl Gray (203 206 197)SW 7006 Extra White (238 239 234)SW 7005 Pure White (237 236 230)Front DoorSW 0068 Copen Blue (194 204 196)SW 7076 Cyberspace (68 72 77)SW 6214 Underseas (124 142 135)SW 6214 Underseas (124 142 135)SW 7076 Cyberspace (68 72 77)SW 0068 Copen Blue (194 204 196)Garage Door SW 6253 Olympus White (212 216 215)SW 7006 Extra White (238 239 234)SW 0052 Pearl Gray (203 206 197)SW 0052 Pearl Gray (203 206 197)SW 7006 Extra White (238 239 234)SW 6253 Olympus White (212 216 215)ShuttersSW 0068 Copen Blue (194 204 196)SW 7076 Cyberspace (68 72 77)SW 6214 Underseas (124 142 135)SW 6214 Underseas (124 142 135)SW 7076 Cyberspace (68 72 77)SW 0068 Copen Blue (194 204 196)Shingle Roof Tamko Heritage Thunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyPaver ‐ Tremrom 4x8 BrickGraniteGraniteGraniteGraniteGraniteGraniteGutters, Windows & FenceLow Gloss WhiteLow Gloss WhiteLow Gloss WhiteLow Gloss WhiteLow Gloss WhiteLow Gloss White** Fence not included in plans, this is just noting color for future ARB approval.Bold DustbluBold DustbluCoastal Niebla AzulCoastal Spare White Coastal Spare White Coastal Niebla Azul1045 6 Unit B 1046 6 unit B 1st Floor (Stucco or Siding)SW 7672 Knitting Needles (195 193 188)SW 7003 Toque White (231 226 218)SW 9136 Lullaby (203 212 212)SW 9136 Lullaby (203 212 212)SW 7003 Toque White (231 226 218)SW 7672 Knitting Needles (195 193 188)Loft SidingSW 7672 Knitting Needles (195 193 188)SW 7003 Toque White (231 226 218)SW 9136 Lullaby (203 212 212)SW 9136 Lullaby (203 212 212)SW 7003 Toque White (231 226 218)SW 7672 Knitting Needles (195 193 188)2nd Floor SidingSW 7066 Gray Matters (167 168 162)SW 7003 Toque White (231 226 218)SW 9137 Niebla Azul (182 195 196)SW 9137 Niebla Azul (182 195 196)SW 7003 Toque White (231 226 218)SW 7066 Gray Matters (167 168 162)Trim SW 7067 Cityscape (127 129 126)SW 7658 Gray Clouds (183 183 178)SW 7070 Site White (220 222 220)SW 7070 Site White (220 222 220)SW 7658 Gray Clouds (183 183 178)SW 7067 Cityscape (127 129 126)Accent SW 7570 Egret White (223 217 207)SW 7671 On The Rocks (208 206 200)SW 9138 Stardew (166 178 181)SW 9138 Stardew (166 178 181)SW 7671 On The Rocks (208 206 200)SW 7570 Egret White (223 217 207)Front DoorSW 7624 Slate Tile (96 110 116)SW 7603 Poolhouse (128 149 160)SW 7076 Cyberspace (68 72 77)SW 7076 Cyberspace (68 72 77)SW 7603 Poolhouse (128 149 160)SW 7624 Slate Tile (96 110 116)Garage Door SW 7570 Egret White (223 217 207)SW 7658 Gray Clouds (183 183 178)SW 7070 Site White (220 222 220)SW 7070 Site White (220 222 220)SW 7658 Gray Clouds (183 183 178)SW 7570 Egret White (223 217 207)ShuttersSW 7570 Egret White (223 217 207)SW 7603 Poolhouse (128 149 160)SW 7076 Cyberspace (68 72 77)SW 7076 Cyberspace (68 72 77)SW 7603 Poolhouse (128 149 160)SW 7570 Egret White (223 217 207)Shingle Roof Tamko Heritage Thunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyThunderstrom GreyPaver ‐ Tremrom 4x8 BrickGraniteGraniteGraniteGraniteGraniteGraniteGutters, Windows & FenceLow Gloss WhiteLow Gloss WhiteLow Gloss WhiteLow Gloss WhiteLow Gloss WhiteLow Gloss White** Fence not included in plans, this is just noting color for future ARB approval.Coastal Knitting NeedlesCoastal Knitting NeedlesCoastal Toque WhiteCoastal Toque WhiteCoastal LullabyCoastal Lullaby1047 Project Schedule Milestone Date Notes Effective Date Feb-23 All dates below are based on an Effective Date of 2/14/2023 Initial Deposit Due Feb-23 Feasibility Period Ends Jun-23 120 Days Second Deposit Due Jun-23 Submit applications for site plan and zoning Aug-23 Submit within 60 days after Feasibility Period Ends Site plan and zoning applications approved April-24 Assumes an 8-month approval process Seek closing extension due to plat not being approved June-24 12 months from the end of the Feasibility Period Plat approved Aug-24 Assumes a 4-month approval process after site plan approval (non-concurrent review) Land Closing Sept-24 Close within 30 days of plat approval Purchaser shall submit building permits Oct-24 PSA requires by 180 days from Closing, Purchaser planning 60 days after plat issuance Land Development Commences Oct-24 Assumes site work / utility permits obtained during plat review City issuance of the building permits Dec-24 60 days from Purchaser submitting building permits Purchaser shall commence construction Mar-25 PSA requires by 90 days from permit issuance, 5 months after land development commences First Home Completed (CO) Sep-25 6 months from commencing construction Final Home Completed May-26 14 months from commencing construction Purchaser shall obtain CO for the final dwelling unit of the Project Mar-27 Outside date to get last CO 1048 Total Project Cost Townhome Budget Purchase Price/Unit $36,622.222 Land Development Cost/Unit $40,395 Engineering/Pre-acq Costs/Unit $4,847.39 Hard Costs/Unit $31,911.99 Soft Costs/Unit $3,635.54 House Cost/Unit $186,326 Hard Cost/Unit $162,272.80 Soft Costs, Permits & Fees/Unit $24,053.58 Total Budget/Unit $263,344 Single-Family Budget Purchase Price/Unit $91,555.556 Land Development Cost/Unit $51,936 Engineering/Pre-acq Costs/Unit $6,232.36 Hard Costs/Unit $41,029.70 Soft Costs/Unit $4,674.27 House Cost/Unit $195,186 Hard Cost/Unit $167,492.16 Soft Costs, Permits & Fees/Unit $27,693.38 Total Budget/Unit $338,677 Total Project Cost $11,701,742 1049 Page 1 of 2 4936-8373-8252, v. 2 WAIVER OF PURCHASER’S FORTY-FIVE DAY NOTICE REQUIREMENT This Waiver of Purchaser’s Forty-Five Day Notice Requirement (the “Waiver”) is made this _____ day of __________, 2026, by the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, hereinafter referred to as the “CRA.” WHEREAS, on February 25, 2023, the CRA and PULTE HOME COMPANY, LLC (“Pulte”) entered into a Purchase and Development Agreement to enable the construction of owner-occupied, workforce, and fee simple detached and attached single family homes and associated site improvements, which was subsequently amended twice (as amended, the “Development Agreement”); and WHEREAS, Section 21.c. of the Development Agreement requires the Purchaser to notify the CRA in writing a minimum of forty-five days prior to when income qualification applications will be accepted by Palm Beach County and when the sale of the units will be provided to the general public (the “Notice Requirement”); and WHEREAS, Pulte has requested and the CRA has agreed to waive the Notice Requirement in the Development Agreement. NOW THEREFORE, by its authorized signature below, the CRA agrees: 1) Incorporation. The recitals and other information above are hereby incorporated herein as if fully set forth. 2) Waiver. The Parties hereby waive the Notice Requirement in section 21.c. of the Development Agreement. 3) Effective Date and Term of this Waiver. This Waiver shall become effective at the date and time that the CRA signs below and lasts for a period of six months. This Waiver shall not act to extend the Development Agreement and shall not be deemed to modify the Development Agreement except as expressly provided herein. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 1050 Page 2 of 2 4936-8373-8252, v. 2 IN WITNESS WHEREOF, the CRA hereto have executed this Waiver as of the later of the dates set forth below. CRA: Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Section 163, Part III F.S. WITNESS: _____________________________________ Printed Name: _________________________ By: ___________________________________ Date: ________________________________ Printed Name: ______________________ Title: _____________________________ Date: ______________________________ Approved as to form and legal sufficiency: _________________________________ CRA Attorney 1051 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.I SUBJECT: Approval of the Commercial Property Improvement Grant Program in the Amount of $25,000 to A&A Investments located at 332 W. Boynton Beach Boulevard SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial build-out costs associated with the construction, repaid, and/or rehabilitation of commercial building improvement. The Commercial Property Improvement Grant Programs provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. The Program also provides funding assistance related to the design fees for architectural, electrical, civil, mechanical, and/or plumbing improvements for eligible property improvements. Applicants are eligible to receive 50% of the applicant's project budget up to a maximum amount of $10,000. CRA staff has received a complete grant application from A&A Investments located at 332 W. Boynton Beach Boulevard, Boynton Beach, FL 33435 (see Attachments I-III). A&A Investments has owned the 2,765 square foot commercial property for over 30 years which has been home to several professional and retail businesses that serve the local community. As a commercial property owner, the applicant falls under the terms of a Tier II business as outlined in the grant application. The applicant is seeking reimbursement for eligible exterior improvements for new doors and windows. The total cost of eligible property improvements is approximately $53,898 (see Attachment IV). If approved, the applicant is eligible to receive a maximum grant of $25,000 in reimbursable funding provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff or approval. FISCAL IMPACT: FY 2025-2026 Budget Project Fund, Line Item 02-58400-444, $25,000 for Property 1052 •Attachment I - Commercial Property Improvement Application •Attachment II - Location Map •Attachment III - Deed •Attachment IV - Cost Estimates Improvements CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of a Commercial Property Improvement Grant Program in the Amount of $25,000 to A&A Investments located at 332 W. Boynton Beach Boulevard, Boynton Beach, FL 33435. ATTACHMENTS: Description 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 Business Information Additional Information Application Commercial Property Improvement Grant Application Status Awaiting Decision Business Name A & A Investments Contact Legal Name Michael Agnello Contact Preferred Name Mike Agnello Email mike@agnellofinancial.com Address 208 Bermuda Ln, Palm Beach, Florida 33480, United States Phone 561-833-7080 Website https://www.facebook.com/mike.agnello.35 Special Requests Submitted Time Jan 07, 2026 8:29 pm Tags Boynton Beach Business Address: 332 W. Boynton Beach Blvd. Boynton Beach, FL 33435 Provide a list of all principal owners listed on the corporate documents Michael H. Agnello, 208 Bermuda Lane, Palm Beach, FL 33480 O: 561-833-7080 E: mike@agnellofinancial.com Angelo A. Agnello, 4012 Shelldrake Lane, Boynton Beach, FL 33436 H: 561-732-8838 E: agnelloaj@hotmail.com Business Mission Statement We have owned the property for over 30 years, and we wanted to improve the property for its appearance and safety. This office plaza is occupied by various professional and retail 1/14/26, 9:40 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=796736&index=0&total=35 1/61071 businesses that serve the local community. Are you an existing business in Boynton Beach? Yes Numbers of years in existence Purchased building in 1987. Are you a new business in Boynton Beach? No Description of your business Proper ty owner and operator. Type of Business Tier II Base Rent (include CAM if applicable) 0 Square Footage of Current Location 2540 Square Footage of New Location N/A Number of Employees & Job Descriptions Hired local contractor to install the new windows and doors. Hours of Operation 9 am to 5 pm Are you applying for grant assitance under any other program offered by the BBCRA? None Are you applying for grant assistance under any other governmental agencies? N/A Landlord Contact Information A & A Investments P.O. Box 827 Palm Beach, FL 33480 (561) 568-6236 In the following sections, please upload the requested documents. If more than one file is needed in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in order for them to upload. I understand Upload resumes for each principal/owner listed on corporate documents here: File uploaded Upload a copy of the lease here: File uploaded Upload a copy of the corporate documents here: File uploaded Upload two years of corporate tax returns here: File uploaded Upload City of Boynton Beach Business Tax Receipt here: 1/14/26, 9:40 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=796736&index=0&total=35 2/61072 Prices (No response submitted) Upload Palm Beach County Business Tax Receipt here: (No response submitted) Upload Credit Check Authorization Form here: File uploaded Upload Business w9 here: File uploaded Upload Grant Intake Form here: File uploaded Upload Signed "Program Rules and Regulations" here: File uploaded List of improvements seeking reimbursement for: New windows and doors in the front of the building and one new side window and new rear windows. Requested grant amount for design fees: 0 Requested grant amount for eligible property improvments: $ 25,000.00 Upload cost estimates from a licensed contractor(s) here: File uploaded If design funding is requested, upload the cost estimate(s) from a qualified licensed design professional here: (No response submitted) Upload a copy of design and construction plans associated with the proposed improvements here: (No response submitted) Upload a copy of the building permit application here: File uploaded Upload the "City Acknowledgement" Forms here: (No response submitted) Upload Notarized "Anti-Human Trafficking Affidavit" here: File uploaded I understand that submission of an application is not a guarantee of grant funding or Board approval. Any "approval" notifications sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Michael H. Agnello c/o A & A Investments How would you like to pay your application fee? Pay with credit card 1/14/26, 9:40 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=796736&index=0&total=35 3/61073 Application Fee Quantity - 1 | Total - $100.00 1/14/26, 9:40 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=796736&index=0&total=35 4/61074 Pictures 1/14/26, 9:40 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=796736&index=0&total=35 5/61075 1/14/26, 9:40 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=796736&index=0&total=35 6/61076 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print AGNELLO ANGELO A TRUST AGNELLO ANGELO A TR AGNELLO MICHAEL H TR & LOCATION 332 W BOYNTON BEACH BLVD 2 MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-28-10-002-0012 SUBDIVISION BOYNTON HGTS ADD REV PL IN BOOK/PAGE 20368/1347 SALE DATE 05/15/2006 MAILING ADDRESS PO BOX 827 PALM BEACH FL 33480 0827 USE TYPE 1700 - OFFICE BLDG-NON MEDICAL 1 TO 3 STORIES TOTAL SQUARE FEET OWNERS PROPERTY DETAIL      v.1.5a 1/9/26, 9:55 AM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/11077 1078 1079 1080 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.J SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $19,200 to Second Rodeo Hospitality LLC d/b/a Second Rodeo located in Ocean Plaza at 640 E. Ocean Avenue, Unit 5-6 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Second Rodeo Hospitality LLC d/b/a Second Rodeo located in Ocean Plaza at 640 E. Ocean Avenue, Unit 5-6, Boynton Beach, FL 33435 (see Attachments I-II). Second Rodeo is rooted in the spirit of collaboration and creativity crafting a lounge that feels both familiar and refreshingly original. Second Rodeo offers a seamless blend of refined Americana cuisine and cocktails. Each dish and drink is thoughtfully curated, combining classic flavors with technical twists. They have a strong commitment to sustainability and zero-waste practices. Every element of the menu, from the ingredients to the garnishes is selected with care, minimizing environment impact. Second Rodeo is a vibrant space where guests come to celebrate and connect. As a full service restaurant, Second Rodeo employs five employees from a chef, sous chef, bartenders, and dishwashers. Under the terms of their executed Landlord-Tenant Lease Agreement and draft Addendum, the base rent to be paid by the applicant is $1,600 per month (see Attachment III). Second Rodeo qualifies as a Tier I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $2,000 per month for a 12-month period, whichever is less. If approved, Second Rodeo would be reimbursed in the amount of $1,600/month for a period of 12 months or a total grant amount of $19,200 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY 2025-2026 Budget, Project Fund, Line Item 02-58400-444, $19,200 1081 •Attachment I - Commercial Rent Reimbursement Grant Program •Attachment II - Location Map •Attachment III - Lease CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $19,200 to Second Rodeo Hospitality LLC d/b/a Second Rodeo located in Ocean Plaza at 640 E. Ocean Avenue, Unit 5-6, Boynton Beach, FL 33435. ATTACHMENTS: Description 1082 Initials ______ Page 1 of 12 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com October 1, 2024 – September 30, 2025 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the “BBCRA”) Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation or expansion. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term “new business” means a company in operation for less than one year or relocating to Boynton Beach. The term “existing business” means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease at the time of Board approval. The BBCRA is a public agency and is governed by the “Florida Public Records Law” under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. SI 1083 Initials ______ Page 2 of 12 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business. New businesses are eligible to apply for assistance for up to one year from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). However, if the construction is for expansion of an existing business, and the existing business property remains open during construction of the expansion, the Applicant is eligible to receive rent reimbursement for the portion of the business that is not under construction so long as that portion remains operational during construction. For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. CASH AND/OR CRYPTOCURRENCY PAYMENTS are not eligible for reimbursement. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions, and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. SI 1084 Initials ______ Page 3 of 12 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner unless the existing business is expanding as defined in this grant application • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant’s Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. SI 1085 Initials ______ Page 4 of 12 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Medical Research Centers/Housing • Check Cashing Stores • Kava Tea Bars • Tattoo Shops / Body Piercing / Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation Centers/Housing • Massage/Personal Services • Auto Services Facilities – repair, storage, sales, etc • CBD Retail Stores, etc. • Pawn Shops • Political offices, campaign headquarters, or other businesses focused on politics or political operations • Any other use that the BBCRA staff or BBCRA Board determine will not support the redevelopment of the BBCRA Area Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant’s project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half (50%) of the business’ base monthly rent plus half of the Common Area Maintenance fee (if applicable), or $2,000 per month, whichever is less. The maximum amount of the grant is $24,000, distributed in 12 monthly payments. Utilities and property taxes are ineligible for reimbursement. Tier One Businesses must be one of the following types of businesses: • Restaurant • Gourmet Food Market • Bakery/Coffee Shop • Hotels/Motels/Bed and Breakfast (the Board will grant no more than four approvals in this category per SI 1086 Initials ______ Page 5 of 12 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com fiscal year; short term vacation rentals are not eligible) Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business’s base monthly rent plus half of the Common Area Maintenance fee (if applicable), or $1,750 per month, whichever is less. The maximum amount of the grant is $21,000, distributed in 12 monthly payments. Utilities and property taxes are ineligible for reimbursement. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Professional Offices (real estate, law, architect, accountant, insurance, marketing etc.) • Take-Out Restaurants • Services (lockshops, appliance repair, etc.) • Medical Offices (dentists, primary care, counseling, etc.) • Laundry/Dry Cleaner facility • Retail (clothing, art, accessories) • Hair/Nail Salons (no more than 2 approvals per fiscal year) • Florists (no more than 2 approvals per fiscal year) • Fitness Centers • Specialty Businesses (daycare, ice-cream shop, pet grooming, event planning) • Industrial Uses/Art District (excluding auto repair/sales) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease at the time of Board approval. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant’s responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. SI 1087 Initials ______ Page 6 of 12 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com For purposes of this paragraph, the term “subject property” means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. Application Process Applications can be submitted online at www.boyntonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants may submit complete applications via email or mail hard copies of the application with all materials to the BBCRA for review and approval by the BBCRA Board, SI 1088 Initials ______ Page 7 of 12 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com however online submissions are preferred. Applicants will be considered on a first-come, first-served basis. Application packets must include the following documentation: 1. A non-refundable fee of $100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Provide a 2-3 sentence mission statement for the applying business entity. This will be used as a way to introduce the business to the BBCRA Board. 3. Resume for each principal/owner of the business. 4. Copy of the corporate documents for the applying business entity. 5. Copy of City and County Business Licenses (Business Tax Receipt). 6. Copy of executed multi-year commercial lease agreement. 7. Two years of corporate tax returns (for existing businesses only). 8. Two years of personal tax returns for the principal/owners of a new business (if no corporate tax returns). 9. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 10. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 11. Initialed and signed Program Rules & Regulations (pages 1-12). 12. Authorization to perform credit check for the business and each principal/owner of the business. 13. W9 Form and Grant Intake Form. Approval of Funding Request All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will SI 1089 Initials ______ Page 8 of 12 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board’s approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month’s reimbursement or proof of direct deposit). CASH AND/OR CRYPTOCURRENCY PAYMENTS for rent are not eligible for reimbursement. If applicant does not submit its monthly reimbursement request within 30 days following the end of the next month in which applicant is requesting reimbursement, applicant forfeits that month’s reimbursement. SI 1090 Initials ______ Page 9 of 12 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program’s Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including landlords and parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant’s landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant’s submittal of verification that monthly rental payments have been cleared by the bank is sufficient assurance for the BBCRA to award grant funding. CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term “I” refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized to the maximum extent permitted by law for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. SI 1091 Initials ______ Page 10 of 12 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 – Phone: (561) 600 - 9090 www.boyntonbeachcra.com I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Business Information: Business Name (and d/b/a if applicable): _____________________________________ _____________________________________ Boynton Beach Business Address: _____________________________________ _____________________________________ Applicant Contact Phone Number: _____________________________________ SI Second Rodeo Hospitality LLC SECOND RODEO 640 East Ocean Ave Suite 6 BOYNTON BEACH FL 33435 561 906 2950 1092 1093 I l I ! ; I I~ BOYNTOl'J scsscBEACH tRA COMMUNITY REDEVELOPMENT AGENCY LANDLORD INFORMATION LANDLORD SIGNATURES: By signing below, Landlord consents to the submittal of this application. Landlord understands that approval of this application does not grant Landlord any rights whatsoever, and specifically ooderstands that approval of this application does not entitle Landlord to seek payment or other recourse from the BBCRA. 1. ~.c--: LahdkITTfsSignature R<h r' ,.;;I ll/c:.{>f; Printed Name ' 2. Landlord's Signature Printed Name Date /-~,....:;.6 Title Date Title Notary as to PrlnclpaVOwner's Signatures -Multiple notary pages may be used ff signing lndlvldual/y sTATEOF ::Bend~ COUNTY OF ~ \)e.0:lb BEFORE ME, an officer ly authorize(it py law to admi~i~ter oaths and take acknowledgements, personally appeared 1"" JJ.\~~\ N~ , who is/are personally known to me or produced_.....,........,.___~~---...;;;...._~,......_+---__..___...__,__ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and C unty aforesaid on this 1 ::2 day of __ -F-~..-.---~ ........... lillllla~.-....~ My Commission Expires: () 1 \ 1, J l 'L ~ Page 13 of 13 Rent Reimbursement ,A·;i~ aooalGO RODRIGUEZ NoUry Public • Stitt of Ftc,ndj 62 omm. Explrts Jul 23, 202t 100 East Ocean Avenue, 4th Floor, Boynton Beach, Fl 33435 -Phone: (561) 600 _ 9090 www.boyntonbeachcra.com 1094 Business Information Additional Information Application Commercial Rent Reimbursement Grant Program Status Awaiting Decision Business Name Second Rodeo Contact Legal Name Sean Iglehart Email info@secondrodeolounge.com Address 640 E Ocean Ave, 6, BOYNTON BEACH, Florida 33435, United States Phone 561-906-2950 Website http://Secondrodeolounge.com Special Requests Thank you :) Submitted Time Jan 14, 2026 12:08 pm Tags Boynton Beach Business Address: 710 SW 27th Ter, Boynton Beach FL 33435 - Corporate Mailing Address 640 E Ocean Ave #6, Boynton Beach FL 33435 - Physical Location Provide a list of all principal owners listed on corporate documents Sean Iglehart - 710 SW 27th Ter, Boynton Beach FL 33435 - 5619062950 - info@secondrodeolounge.com James Cruz - 11816 56th Place, West Palm Beach FL 33411 - 5616015843 - info@secondrodeolounge.com Business Mission Statement Rooted in the spirit of collaboration and creativity, Second Rodeo embodies two dudes coming together to craft a lounge that feels both familiar and refreshingly original. Our space offers a 1/15/26, 1:41 PM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=805084&index=1&total=36 1/41095 seamless blend of refined Americana cuisine and cocktails. Each dish and drink is thoughtfully curated, combining classic flavors with technical twists. We have strong commitment to sustainability and zero-waste practices. Every element of the menu, from the ingredients to the garnishes, is selected with care, minimizing environmental impact. Second Rodeo isn’t a place to dine and dash—it’s a vibrant space where our guests come to celebrate and connect. The atmosphere has a welcoming charm, making it perfect for any occasion, from casual gatherings to special celebrations. Are you an existing business in Boynton Beach? Yes Numbers of years in existence 1 Are you a new business in Boytnon Beach? Yes Description of your business We offer a cafe during the day from 8AM to 2PM and dinner starting at 6PM Wednesday - Sunday. We have creative cocktails, wood fired food, and an intimate dining experience. Type of Business Tier I Base Rent (plus CAM if applicable) 3200 Square Footage of Current Location 1400 Square Footage of New Location (No response submitted) Number of Employees & Job Descriptions 5 employees Sous Chef - $800/wk - 4 days Dishwasher - $650/wk - 5 days Bartender - $400/wk - 4 days Bartender - $400/wk - 4 days Chef - $1800/wk - 5 days Hours of Operation Wednesday - Sunday 8am - 2pm 6pm - 2 am Are you applying for grant assitance under any other program offered by the BBCRA? None Are you applying for grant assistance under any other governmental agencies? N/A Landlord Contact Information Robert Nebb - N/A - 5612480537 In the following sections, please upload the requested documents. If more than one file is needed in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in order for them to upload. I understand Upload resumes for each principal/owner listed on coporate documents here: File uploaded Upload a copy of the lease here: 1/15/26, 1:41 PM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=805084&index=1&total=36 2/41096 Prices File uploaded Upload Copy of Corporate Documents Here File uploaded Upload two years of corporate tax returns here: File uploaded Upload City of Boynton Beach Business Tax Reciept Here File uploaded Upload Palm Beach County Business Tax Reciept Here File uploaded Upload Credit Check Authorization Form Here File uploaded Upload Business w9 here: File uploaded Upload the Grant Intake Form here: File uploaded Upload Notarized "Anti-Human Trafficking Affidavit" here: File uploaded Upload Signed "Program Rules & Regulations" Here File uploaded I understand that submission of an application is not a guarantee of grant funding or Board approval. Any "approval" notifications sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Sean Iglehart How would you like to pay your application fee? Pay with credit card Application Fee Quantity - 1 | Total - $100.00 1/15/26, 1:41 PM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=805084&index=1&total=36 3/41097 1/15/26, 1:41 PM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=805084&index=1&total=36 4/41098 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print FOUR SONS PLAZA 640 LLC LOCATION 640 E OCEAN AVE 1 MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-27-04-000-0560 SUBDIVISION LAWNS BOOK/PAGE 27168/964 SALE DATE 11/14/2014 MAILING ADDRESS 3613 S MILITARY TRL LAKE WORTH FL 33463 8733 USE TYPE 1100 - STORES TOTAL SQUARE FEET 17204 OWNERS PROPERTY DETAIL SALES INFORMATION      v.1.5b 10/28/25, 8:51 AM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/11099 THIS LEASE AGREEMENT, made and entered into this ____ day of October, 2024, by and between Four Sons Plaza LLC or it’s successors, hereinafter referred to as Landlord, whose address is PO Box 211685, Royal Palm Beach, Florida 33421, and __Second Rodeo Hospitality LLC, hereinafter referred to as Tenant, whose address is _640 East Ocean Avenue, Boynton Beach, Florida_33435_. W I T N E S S E T H : FOR VALUE RECEIVED, it is hereby agreed that: PREMISES 1. The Landlord, by these presents does hereby lease and rent unto the said Tenant, and said Tenant hereby agrees to lease and take upon the terms and conditions which hereinafter appear, the following described property: 640 East Ocean Avenue Suite 6 ( former OKM restaurant) hereinafter called the Demised Premises or Leased Premises. Said Demised Premises being a part of Ocean Plaza located in Boynton Beach, Palm Beach County, Florida. The Tenant agrees that at all times during the term of this Lease it shall, at it’s own cost and expense: (a)Obtain and maintain in effect all permits and licenses necessary for the operation of Tenant’s business as herein provided. (b)Comply with all rules and regulations for the use and occupancy of the Shopping Center/Office as Landlord, in its sole discretion, from time to time promulgates for the best interests of the Shopping Center/Office. Landlord shall have no liability for violation by any other tenant of the Shopping Center/Office of any rules or regulations nor shall such violation or the waiver thereof excuse Tenant from compliance. (c)Be responsible for and shall pay before delinquency all municipal, county or state taxes assessed during the term of this Lease against any leasehold interest or property of any kind owned by or placed in, upon or about the Leased Premises by the Tenant. (d)Neither encumber nor obstruct the sidewalks adjoining said premises nor allow the same to be obstructed or encumbered in any manner, and keep said sidewalks free of rubbish and dirt. The Tenant shall not place or cause to be placed any merchandise, vending machines, or anything on the sidewalk or exterior of premises without written consent of the Landlord. TERM 2.(a) The term of this Lease shall be for five (_5__) years commencing on the “Commencement Date” which shall be _October ____, 2024. If the Commencement Date does not occur on the first day of a month, the Tenant shall pay rent for the fractional month on a per diem basis calculated on the basis of a 30-day month until the first day of the month when the term hereunder commences; and thereafter the minimum rent shall be paid in equal installments on the first day of each and every month in advance. Each of the parties hereto agrees that, upon the Commencement Date of this Lease or from 1 1ST 1ST 1100 2 time to time thereafter, upon the reasonable request of the other party, it will execute and deliver such further instruments as may be appropriate setting forth the date of commencement and the date of expiration of the terms of this Lease. RENTAL 3.a) Beginning with the “Commencement Date” as herein above provided and through- out the term hereof, Tenant agrees to pay to Landlord, or it’s agents, at the address first above written, or at any other place designated by Landlord in writing, a monthly rental of sixteen Hundred _ ($_1600.___) Dollars* in advance on the first day of each month. ****GROSS LEASE INCLUDES SECTIONs B/C, and D and all subsections*** (see Paragraph 36) As security for the faithful performance by Tenant of all the terms and conditions upon the Tenant’s part to be performed, Tenant has this day deposited with Landlord the sum of sixteen Hundred ($1600.) Dollars* which shall be returned to Tenant, without interest, on the day set forth for the expiration of the term herein notwithstanding this Lease may be sooner terminated; provided, however, that Tenant has fully and faithfully carried out all of the terms, covenants and conditions on it’s part to be performed. Landlord shall have the right to apply any part of said deposit to cure any default of Tenant and if Landlord does so, Tenant shall, upon demand, deposit with Landlord the amount applied so that Landlord shall have the full deposit on hand at all times during the term of this Lease. Tenant’s failure to make such deposit within five (5) days after demand by Landlord shall, at the option of the Landlord, constitute a breach of this Lease ******Gross Lease includes sections 3 B,C, and D.******** (b)Taxes. Tenant pay as additional rent, within ten (10) days after demand is made by Landlord, it’s proportionate share of all real property taxes levied or assessed against the land and improvements in the Shopping Center/Office for any calendar year during the term of this Lease. Tenant shall pay as additional rent within the time limit stated above, any and all assessments and/or taxes levied against Landlord for any reason whatsoever, by any municipal or governmental agency, as a direct result of the operation and existence of Tenant’s business. The proportion to be paid is based upon the ratio of the square feet of the Leased Premises to the total square feet of leasable building space in the Shopping Center/Office. Tenant shall pay all assessments and all taxes levied on it’s own personal property. Tenant shall further pay any tax that may be levied or assessed upon the rent reserved thereunder by any governmental authority acting under any present or future laws as a substitute in whole or in part for any real estate taxes. (see Paragraph 37 regarding payment of estimated amount on a monthly basis). (c)Tenant agrees to pay to Landlord, as additional rental, in the same manner as set forth in Subparagraph B hereof, it’s proportionate share of all liability, fire and extended coverage insurance determined by Landlord to be required or beneficial to Landlord or Tenant in connection with the buildings. * see page 2a attached hereto and made a part hereof (d)Tenant To Bear Pro-Rata Share of Shopping Center/Office Operating Costs. In each lease year or partial lease year, as defined herein, Tenant will pay to Landlord, in addition to all other rentals specified in this Article 3, as further additional rent, a portion of the “Shopping Center/Office Operating Cost”, as defined below calculated by multiplying the total Shopping 1101 3 Center/Office Operating Cost by a fraction, the numerator of which shall be the number of square feet contained in the Leased Premises, and the denominator of which shall be the aggregate number of square feet of leasable building space in the Shopping Center/Office. Such payment shall be made as provided hereinafter. Landlord shall operate, maintain and repair the Common Areas in such manner as Landlord shall, in its sole discretion determine. For these services Tenant shall pay as additional rent it’s proportionate share of the “Shopping Center/Office Operating Cost” from and after the Commencement Date and continuing during the term of this Lease, including any period during which Tenant shall transact business in the Leased Premises prior to the Commencement Date of the term of this Lease. For the purposes of this Article, the term“Shopping Center/Office Operating Cost” shall include but not be limited to, the costs and expenses of the following subsections (1) through (10) are for definition only and are not to be constructed to as to impose any obligations on Landlord: (1) garbage and trash removal; maintenance, repair and replacement of all parking lot surfaces, service areas and courts, including cleaning, sweeping, painting, striping and repaving; maintenance, repair and replacement of sidewalks, curbs, guardrails, bumpers, fences, screens, flagpoles, bicycle racks, Shopping Center/Office identification signs, directional signs, traffic signals, and other traffic markers and signs; (2) maintenance, repair and replacement of the (i) storm and sanitary drainage systems, including disposal plants and life stations and retention ponds or basins; (ii) irrigation systems; (iii) electrical, gas, water and telephone systems; (iv) lighting systems including bulbs, poles and fixtures; (v) emergency water and sprinkler systems; (vi) other utility systems (vii) heating, ventilating and air conditioning systems; and (viii) security systems, including any utility charges in connection with any of the foregoing systems; (3) and interior and exterior planting, replanting and replacing of flowers, shrubbery, plants, trees other landscaping; (4) maintenance, repair, replacement and substitution of and for all portions of the stores, both interior and exterior, in the Shopping Center/Office excluding the Leased Premises and premises leased to other tenants, including, but not limited to, floors, floor coverings, ceilings, walls, roofs and roof flashings, canopies, skylights, signs, planters, benches, fountains, elevators, escalators and stairs, fire exits, doors and hardware, windows, glass and glazing; (5) premiums or contributions for insurance, including, without limitation, liability insurance for personal injury, death and property damage; insurance against liability for defamation and claims of false arrest occurring in and about the Common Areas; workmen’s compensation; broad form and peril insurance covering the Common Areas in the Shopping Center/Office which may include flood insurance, earthquake insurance, boiler insurance and/or rent insurance as is commonly provided in an All-Risk type policy for the purposes of the provision of subsection (5), Common Area shall be deemed to include the Leased Premises and premises leased to other tenants; (6) real estate taxes as defined in Section 3(b) of this Lease imposed upon the Landlord and buildings for any calendar year during the term of this Lease; (7) maintenance, repair and acquisition costs rental fees and/or purchase price or in lieu of purchase price, the annual depreciation allocable thereto of all security devises, machinery and equipment used in the operation and maintenance of the Common Areas, and all personal property taxes and other charges incurred in connection with such security devices, machinery and equipment; (8) all license and permit fees, and all parking surcharges that may result from 1102 4 any environmental or other laws, rules, regulations, guidelines or orders; the cost of obtaining and operating public transportation or shuttle bus systems as used in connection with bringing customers to the Shopping Center/Office or if required by any environmental or other laws, rules, regulations, guidelines or orders; (9) installation and operation of music program service and loudspeaker systems; (10) personnel, if any, including, without limitation, security and maintenance people on the Shopping Center/Office, the Shopping Center/Office manager and assistant Shopping Center/Office manager, or a management fee in lieu thereof, secretaries and Shopping Center/Office management bookkeepers including, without limitation, the payroll taxes and employee benefits of such personnel; and (11) Landlord’s administrative overhead in an amount equal of ten (10%) percent of the total Shopping Center/Office Operating Cost. Not withstanding the foregoing provisions, Shopping Center/Office Operating Cost shall not include: (i) depreciation other than depreciation as above specified; (ii) costs of repairing and replacing to the extent that proceeds of insurance or condemnation awards are received therefore; (iii) costs of a capital nature to the extent they improve the Common Areas to beyond their original condition or utility as they may be made from time to time by Landlord; (iv) costs incurred by Landlord in the construction of the Shopping Center/Office and Landlord’s work in the Leased Premises; (v) the cost to Landlord of readying other tenant space for occupancy. Landlord shall estimate the proportion of the Shopping Center/Office Operating costs attributable to Tenant and Tenant shall pay one-twelfth (1/12) thereof monthly in advance, together with the payment of Fixed Minimum Annual Rental. After the end of each calendar year, Landlord shall furnish Tenant a statement of the actual Shopping Center/Office Operating Cost and there shall be an adjustment between Landlord and Tenant, with payment to or repayment by Landlord, as the case may require, to the end that Landlord shall receive the entire amount of Tenant’s annual share for such period. If the Commencement Date occurs in the calendar year during which the Shopping Center/Office initially opens for business, then the Shopping Center/Office Operating costs for such partial calendar year shall be reduced by a fraction, the numerator of which shall be the number of days from the Commencement Date through the following December 31st and the denominator of which shall be the number of days from the date the Shopping Center/Office opened for business through the following December 31st. Tenant’s obligations with respect to payments due during the term of this Lease pursuant to this Article shall survive the expiration or termination of this Lease. (e) Additional Rent. Any and all sums of money or charges required to be paid by Tenant under this Lease, whether or not the same be so designated, shall be considered “additional rent”. If such amounts or charges are not paid at the time provided in this Lease, they shall nevertheless, be collectible as additional rent with the next installment of Minimum Annual Rent thereafter falling due hereunder, but nothing herein contained shall be deemed to suspend or delay the payment of any amount of money or charges as the same becomes due and payable hereunder, or limit any other remedy of the Landlord. (f) Tenant shall pay to Landlord, in addition to and along with any and all rental otherwise payable hereunder, any excise, transaction, sales, or privilege taxes, other than income and estate taxes, now or hereinafter imposed by any government or governmental agency upon Landlord and attributable to or measured by rent or other charges or prorations 1103 5 payable by Tenant hereunder. (g) In the event Tenant is late in the payment of rent or other sums of money required to be paid under this Lease, Tenant agrees to pay to Landlord a late charge of five cents for each dollar of each payment five days or more in arrears. Said payment shall be to cover extra expenses incurred by Landlord in handling delinquent payments. In addition to the late charge referred to above, any and all payments in arrears for more than fifteen (15) days shall bear interest, payable as rent to Landlord at the highest interest rate the Landlord is allowed to charge under applicable law; provided, however, that said interest rate shall in no event exceed fifteen (15%) percent per annum. The provisions of this Section are available to Landlord in the event of Tenant’s default as provided for under this Lease. TENANT IMPROVEMENTS 4. Tenant accepts the Leased Premises on an “as-is” basis. Tenant shall, at Tenant’s expense, complete all necessary Tenant improvements so as to complete construction of he Leased Premises as a completed unit, in a good and workmanlike manner, and in compliance with all rules, regulations and ordinances of any governmental agency or department having jurisdiction. All plans and specifications for Tenant improvements shall be subject to approval by Landlord, which approval shall not be unreasonably withheld. SITE PLAN 5. The purpose of the site plan attached hereto as Exhibit “A” is to show the approximate location of the Leased Premises. Landlord reserves the right at any time to relocate the various buildings, automobile parking areas, and other common areas as shown on said site plan. Notations and designations found thereon are intended only for the convenience of the Landlord and in no way define, limit, construe or describe the scope or extent or in any way affect this Lease. FIXTURES 6. All fixtures installed by Tenant shall be new or reasonably reconditioned. Tenant shall not make or cause to be made any alterations, additions, or improvements, or install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings, or make any changes to the storefront without first obtaining Landlord’ written approval and consent, not to be unreasonably withheld. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. All alterations, decorations, additions or improvements made by the Tenant, or made by the Landlord on the Tenant’s behalf by agreement under the Lease, shall remain the property of the Tenant for the term of the Lease or any extension or renewal thereof. The Tenant shall at all times maintain fire insurance with extended coverage naming the Landlord as an additional insured and the Tenant, in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements n the event of fire or extended coverage loss. The kitchen appliances are property of the tenant and can be removed by the tenant as long as the tenant leaves on good terms (end of lease, mutual end of lease , no owed rent). The only exceptions are the hood/halon system and the grease trap which required breaching the building’s structure when they were installed by the original tenant and removal of and mitigation of the building’s structure would far exceed the value of the appliances on the used market. The central A/C system, although maintained by the tenant is property of the landlord. Tenant shall deliver to the Landlord certificates of such fire insurance policies which shall contain 1104 6 a clause requiring the insurer to give Landlord ten days’ notice of cancellation of such policies. If after default in payment of rent or violation of an other provisions of this Lease, or upon the expiration of this Lease, the Tenant moves out or is dispossessed and fails to remove any trade fixtures, signs or other property prior to such said default, removal, expiration of lease, or prior to the issuance of final order or execution of warrant, then and in that event, the said fixtures, signs and property shall be deemed abandoned by Tenant and shall become the property of the Landlord, or Landlord may notify Tenant to remove same at Tenant’s own cost and expense, and upon the failure of Tenant to do so, Landlord may, in addition to any other remedies available to it, remove said property as the duly authorized agent of Tenant, at Tenant’s expense. ALTERATIONS 7. (a). Tenant may, at it’s expense, make such alterations and improvements to the Demised Premises and install interior partitions as it may require, provided the written approval of the Landlord, such approval shall not be unreasonably withheld, be first obtained and that such improvements and alterations are done in a workmanlike manner in keeping with all building codes and regulations and in no way harm the structure of the Demised Premises, provided that at the expiration of this Lease or any extension thereof, Tenant, at it’s expense, restores the within Demised Premises to it’s original condition as received and repairs any damage to the premises resulting from the installation or removal of such partitions, fixtures, or equipment as may have been installed by Tenant, if requested to do so by Landlord . The Landlord shall not be liable for any labor or materials furnished or to be furnished to the Tenant upon credit, and no mechanic’s or other lien for any such labor or materials shall attached to or effect the reversion or other estate or interest of the Landlord in and to the leased property, based upon any act or interest of the Tenant or of anyone claiming through the Tenant, or if any security agreement shall have been filed for or effecting any materials, machinery, or fixtures used thereto by the Tenant, the Tenant shall immediately take such action by bonding, deposit or payment as will remove the lien or security agreement. If the Tenant has not removed the lien within ten days after notice to the Tenant, the Landlord may pay the amount of such mechanic’s lien or security agreement or discharge the same by deposit, and the amount so paid or deposited, with interest thereon, shall be deemed additional rent reserved under this Lease, and shall be payable forthwith with interest at the highest legal rate from the date of such advance, and with the same remedies to the Landlord as in the case of default in the payment of rent as herein provided. (b). Tenant shall at all times keep the Leased Premises including maintenance of exterior entrances, all glass and window moldings, and all partitions, doors, fixtures, equipment and appurtenances thereof including lighting, heating and plumbing fixtures, escalators, elevators, and any air conditioning system in good order, condition and repair including reasonably periodic painting as determined by Landlord, except for structural portions of the premises which shall be maintained by Landlord, but if Landlord is required to make repairs to structural portions by reason of the acts or omissions of Tenant, it’s agents, employees or invitees, Landlord may add the cost of such repairs to the rent which shall thereafter become due. LANDLORD/TENANT RESPONSIBILITIES TO PREMISES 8. Landlord gives to Tenant exclusive control of premises and shall be under no obligation to inspect said premises. Tenant shall at once report in writing to Landlord any defective condition known to him which Landlord is required to repair, and failure to so report such defects shall make Tenant responsible to Landlord for any liability incurred by Landlord by reason of such defect. 1105 7 Notwithstanding any provision in this Lease to the contrary, Landlord shall not be responsible or liable to Tenant for any injury or damage from acts or omissions of persons occupying the property adjoining the Leased Premises or any part of the building of which the Leased Premises is a part, or for any injury or damage resulting to the Tenant, or its property, from bursting, stoppage, or leaking of water, gas, sewer, or steam pipes or from any structural defect in the roof, exterior walls or the like. Except as caused by whole or in part by the actions or inactions of Landlord. USE 9. (a) Premises shall be used for a Deli/Bar/ Restaurant and no other without the prior written consent of Landlord. Premises shall not be used for any illegal purposes, nor in any manner to create any nuisance or trespass, nor in any manner to vitiate the insurance or increase the rate of insurance on premises, and subject to right of other Tenant’s issues. (b) Tenant shall operate 100% of the Leased Premises during the entire term of this Lease with due diligence and efficiency so as to produce all of the gross sales which may be produced by such manner of operation, unless prevented from doing so by causes beyond Tenant’s control. Tenant shall conduct it’s business in the Leased Premises during the regular customary days and hours for such type of business in the city or trade area in which the Shopping Center/Office is located and will keep the Leased Premises open for business during the same days, nights and hours as the majority of the chains and department stores located in the Shopping Center/Office. (c) During the term of this Lease Tenant shall not perform any acts or carry on any practices which may injure the building or be a nuisance or menace to other tenants in the Shopping Center/Office. (d) Tenant will not at any time use or occupy the Demised Premises in violation of the certificate of occupancy issued for the building of which the Demised Premises form a part. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business or other activity carried on in the Leased Premises or if failure to procure such license or permit might or would, in any way, affect Landlord, the Shopping Center/Office or the Leased Premises, then Tenant, at Tenant’s expense, shall, at all times, comply with the requirements of each such license or permit. Tenant shall promptly comply with all laws and ordinances and lawful orders and regulations affecting the premises hereby leased and the cleanliness, safety, occupancy and use of same, including, without limitation, any zoning laws and ordinances affecting the Premises. (e) Tenant, at Tenant’s sole cost and expense, shall promptly comply with all laws and ordinances and lawful orders and regulations affecting the Leased Premises and the cleanliness, safety, occupancy, alteration and use of same, including, but not limited to, the Americans with Disabilities Act of 1990 (“ADA”), as more fully set forth below, and the Clean Air Act. Tenant, at its sole cost and expense, shall be responsible for complying with all applicable provisions of the ADA relating to: (A) the physical condition of the Leased Premises; (B) Tenant’s policies and the operation of its business in or from the Leased Premises; and (C) Tenant’s employment and employment related practices. Landlord shall have no responsibility whatsoever for compliance with the ADA within the Leased Premises. Tenant shall indemnify, defend and hold harmless, Landlord from and against any and all claims, actions, damages, liability, cost and expense, including attorney fees, in connection with or resulting from compliance or noncompliance with the ADA relating to those matters described in Sub-parts (A), (B), and (C) above. (f) Tenant agrees that Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display, if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Shopping Center/Office as a desirable place to shop or is otherwise out of harmony with the general 1106 8 character thereof, and upon notice from Landlord, Tenant shall forthwith refrain from or discontinue such activities. NO FOREIGN FLAGS SHALL BE DISPLAYED WITHOUT SPECIFIC WRITTEN APPROVAL BY THE PROPERTY MANAGER CONDITIONS TO GRANT 10. The provisions against subletting elsewhere contained in this Lease shall not prohibit Tenant from granting concessions for the operation of one or more departments of the business which Tenant is permitted by this Lease to conduct in or upon the Leased Premises; provided, however, that each such concession may be granted only upon receipt by Tenant of the written consent of the Landlord and shall be subject to all the terms and provisions of this Lease; Tenant expressly convenants that it will not assign, mortgage or encumber this agreement nor under-let, suffer or permit the Demised Premises or any part thereof to be used by others without the prior written consent of Landlord in each instance. If this Lease be assigned or if the Demised Premises or any party thereof be under-let or occupied by anyone other than Tenant without the express written consent of Landlord had and obtained, Landlord may collect rent from the assignee, under-tenant, or occupant and apply the net amount collected to all rent herein reserved, but no assignment, under-letting, occupancy or collection shall be deemed a waiver of this covenant or the acceptance of the assignee, under-tenant, or occupant as Tenant, or a release of the performance of the covenants on Tenant’s part herein contained. In the event the Landlord’s written consent is given to an assignment or subletting, the Tenant shall nevertheless remain liable to perform all covenants and conditions thereto and to guarantee such performance by his assignee or sub-tenant. QUIET ENJOYMENT 11. The Landlord covenants that the Tenant, upon payment of the rent and additional rent above reserved, upon the due performance of the covenants and agreements herein contained, shall and may at all times during the term hereby granted peaceably and quietly have, hold and enjoy the Demised Premises for the term of this Lease. However, the Landlord shall have no liability whatsoever to the Tenant for any breach of this covenant occasioned by the acts or omissions of any transferee, successor, or assignee of the Tenant. TENANT NEGLECT 12. If Tenant refuses or neglects to repair property as required hereunder to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such repair without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures, or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs plus 20% for overhead, upon presentation of bill therefore, as additional rent payable with the next rent payment due under this Lease. Said bill shall include interest at the highest legal rate on said cost from the date of completion of repairs by Landlord. UTILITIES 13. Tenant shall be solely responsible for and promptly pay all charges for heat, water, gas, electricity and/or any other utility used or consumed in the Leased Premises. Should Landlord elect to supply the water, gas, heat, electricity and/or any other utility used or consumed in the Leased Premises, Tenant agrees to purchase and pay for the same as additional rent at the 1107 9 applicable rates filed by the Landlord with the proper regulatory authority. In no event shall Landlord be liable for an interruption or failure in the supply of any such utilities to the Leased Premises unless caused by the actions or inactions of the Landlord. The Tenant shall use reasonable diligence in the conservation of these utilities. Nothing contained in this Section shall be construed as a representation by Landlord that any of said utilities are available at the premises. Tenant agrees to keep the Demised Premises heated and air- conditioned at such levels as may be reasonably required by the Landlord to protect the buildings and prevent dissipation of the heat and air-conditioning in those areas immediately adjacent to the premises. INSURANCE 14. (a) Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect: bodily injury and public liability insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per accident and injury; property damage insurance in an amount not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00); and workman’s compensation insurance in the maximum amount permitted under law. The policy shall name Landlord, and any appropriate person, firm or corporation designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord thirty (30) days prior written notice. The insurance shall be in an insurance company approved by Landlord and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the Commencement Date. In no event shall the limits of said insurance policy be considered a limitation of liability of Tenant under this Lease. Landlord shall maintain public liability insurance either through the purchase of insurance or a self-insurance plan on the Common Areas providing coverage in such amounts as may be determined by Landlord, but in no event less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), against liability for injury to or death of any one person and ONE MILLION DOLLARS ($1,000,000.00) for any one occurrence, or in lieu of the foregoing a combined single bond of at least ONE MILLION DOLLARS ($1,000,000.00). (b) Plate Glass Insurance. The replacement of any plate glass damaged or broken from any cause whatsoever in and about the Leased Premises shall be Tenant’s responsibility. Tenant shall, during the entire term hereof, keep in full force and effect a policy of plate glass insurance covering all the plate glass of the Leased Premises, in amounts satisfactory to Landlord. The policy shall name Landlord and any appropriate person, firm or corporation designated by Landlord and Tenant, as insured and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord thirty (30) days prior written notice. The insurance shall be in an insurance company approved by the Landlord and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the Commencement Date. (c) All Risk Insurance. Tenant shall at all times during the term hereof, and at it’s own cost and expense, maintain in effect policies of insurance covering it’s fixtures and equipment located on the Leased Premises, in an amount not less than one hundred (100%) percent of their actual cash value, providing protection against any peril included within the standard classification of “All Risk” together with insurance against sprinkler damage, vandalism and malicious mischief. The proceeds of such insurance, so long as this Lease remains in effect, shall be used to repair or replace the fixtures and equipment so insured. (d) Liquor Liability Insurance. If the tenant sells or provides alcoholic beverages for consumption on the premises or for take out, the tenant shall also secure an alcololic beverage liability insurance policy naming the landlord as an additionally insured party (e) Increase to Fire Insurance Premium. Tenant agrees that it will not keep, use, sell or offer for sale in or upon the Leased Premises an article which may be prohibited by the standard form of All Risk insurance policy. Tenant agrees to pay any increase in premiums for 1108 10 All Risk insurance that may be charged during the term of this Lease on the amount of such insurance which may be carried by Landlord on said Leased Premises or the building of which they are a part, resulting from the type of merchandise sold by Tenant in the Leased Premises, whether or not Landlord has consented to the same. In determining whether increased premiums are the result of Tenant’s use of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the fire insurance rate on the Leased Premises. Tenant agrees to promptly make, at Tenant’s cost, any repairs, alterations, changes and/or improvements to Tenant’s equipment in the Leased Premises required by the company issuing Landlord’s All Risk insurance so as to avoid the cancellation of or the increase in premiums on said insurance. In the event Tenant’s occupation and use of the Leased Premises causes any increase of premium in the fire and/or casualty insurance rates on the Leased Premises or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises, the Tenant shall pay the additional premium on the fire and/or casualty insurance policies by reason thereof. The Tenant shall also pay in such event, any additional premium on protection against rent loss. Bills for such additional premiums shall be rendered by Landlord to Tenant at such times as Landlord may elect and shall be due from and payable by Tenant when rendered, and the amount thereof shall be deemed to be additional rent. (f) Waiver of Subrogation. Landlord and Tenant waive, unless said waiver should invalidate any such insurance, their right to recover damages against each other to the extent the damaged party recovers for same from it’s insurance carrier. Any insurance policy procured by either Tenant or Landlord which does not name the other as a named insured shall, if obtainable, contain an express waiver of any right of subrogation by the insurance company, including but not limited to Tenant’s workmen’s compensation carrier, against Landlord or Tenant, whichever the case may be. All public liability and property damage policies shall contain an endorsement that either party, although named as an insured, shall nevertheless be entitled to recover for damages caused by the negligence of either party. INSURANCE DEFAULT BY TENANT 15. On default by Tenant in obtaining any insurance required hereunder or delivering any policies or paying the premiums or other charges thereon as aforesaid, it shall be the privilege, though not the obligation, of Landlord to effect fully such insurance and likewise to pay any premiums or charges thereon. All sums so paid by Landlord and all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the highest legal rate from the respective dates of Landlord’s making of each such payment, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. DESTRUCTION OF PREMISES 16. If all or part of the Leased Premises is damaged or destroyed by fire or other casualty, this Lease and all of it’s terms, covenants and conditions shall, subject to the provisions hereinafter set forth, continue in full force and effect. (a) In the event that the damage to the shopping center of which the Leased Premises is a part is so extensive as to amount practically to the substantial destruction of the Shopping Center/Office, then and in that event, this Lease shall cease and the rent shall be apportioned to the time of the destruction. (b) In the event that the Shopping Center/Office is not so destroyed as to require that the Lease be terminated as provided for in (a) above, then, provided that such loss is insured and that all of the proceeds of said insurance coverage are made available to the Landlord by any fee or leasehold mortgagee whose interest may be superior to the Landlord; and provided 1109 11 the destruction does not result in a termination or cancellation of an underlying ground lease, if any; and further provided that the term of this Lease shall have at least three (3) years to run or in the event that said Lease is in it’s last three years provided that the Tenant herein agrees to extend the term of this Lease in accordance with the terms and conditions of the section of this Lease dealing with Option to Renew, if any, then and in that event the Landlord shall repair and rebuild to Shopping Center/Office with reasonable diligence. (c) In the event of any loss or destruction to a principal “anchor” tenant in the Shopping Center/Office is such that the lease of said principal Tenant is terminated, then and in that event Landlord may at it’s sole option elect to terminate this Lease effective the date of loss. (d) In the event of any loss or destruction which is not provided for in Sections (a), (b) and (c) above, the Landlord may at it’s sole option elect to terminate this Lease effective the date of loss or elect to repair the premises and have said Lease continue in full force and effect subject to the provisions herein. To the extent that the loss or destruction of the Shopping Center/Office of which the Leased Premises is a part substantially interferes with the operation of the Tenant’s business, thus required the Tenant to temporarily close it’s business to the public, the fixed minimum rental shall be abated from the date of such closing to the date the damage shall have been substantially repaired so as to enable the Tenant to continue it’s business. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant’s furniture and furnishings or on any trade fixtures, equipment, improvements or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace the same except in the event of Landlord’s gross negligence or misconduct. SUBORDINATION 17. This Lease is subject and subordinate to all ground or underlying leases which may now or hereinafter affect the real property of which the Demised Premises form a part and to all mortgages which may now or hereinafter affect such leases or the real property of which the Demised Premises form a part and to all renewals, modifications, consolidations, replacements and extensions thereof, provided that such mortgages shall provide that this Lease may not be cut off by foreclosure so long as Tenant shall not be in default in the performance of any Tenant’s obligations hereunder. This clause shall be self-operative and no further instrument of subordination shall be required by mortgagee. In confirmation of such subordination, Tenant shall execute promptly any certificate that Landlord or mortgagee may request. Tenant hereby constitutes and appoints Landlord as Tenant’s attorney-in-fact to execute any such certificate or certificates for and on behalf of Tenant. Tenant agrees that at any time and from time to time within ten days following written notice from the Landlord it will execute, acknowledge and deliver to Landlord or any proposed mortgagee or purchaser, in recordable form, a statement in writing certifying that this Lease is unmodified and in full force and effect or if there shall have been modifications, that the same is in full force and effect as modified and stating the modifications, that there are no defenses or offsets thereto or stating those claimed by Tenant and the dates to which the rent and other charges have been paid in advance, if any, and stating whether or not the Landlord is in default in the performance of any covenant, agreement, or condition contained in this Lease, and, if so, specifying each such default and setting forth such other matters and information as may be reasonably required from a prospective mortgagee or purchaser of the Shopping Center/Office, it being intended that any such statement delivered pursuant to this Section may be relied upon by any prospective purchaser of the fee or any mortgagee thereof or any assignee of any mortgage upon the fee of the Demised Premises. Failure by the Tenant to comply with the provisions of this Section shall make the Tenant liable 1110 12 for all costs and damages suffered by the Landlord as a result of said failure to act. CONDEMNATION 18. In the event that the whole of the Shopping Center/Office shall be lawfully condemned or taken in any manner for any public or quasi-public use, this Lease and the term and estate hereby granted shall forthwith cease and terminate as of the date of actual taking. In the event of a condemnation or taking of a substantial part of the Demised Premises so as to destroy the usefulness of the premises for the purpose for which the premises were leased. Tenant shall have the right, by delivery of notice in writing to Landlord with thirty (30) days after the vesting of title, to terminate this Lease and the term and estate hereby granted as of the date of actual taking. If the whole of the Common Areas in the Shopping Center/Office shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, then the term of this Lease shall cease and terminate as of the date of title vesting in such proceeding unless Landlord shall take immediate steps to provide other parking facilities substantially equal to the previously existing ratio between the common parking areas and the Leased Premises, and such substantially equal parking facilities shall be proved by Landlord at it’s own expense within ninety (90) days from the date of acquisition. In the event that Landlord shall provide such other substantially equal parking facilities, then this Lease shall continue in full force and effect. In any event, Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. In the event of a partial condemnation which is not substantial enough to destroy the usefulness of the premises for the purposes for which they were leased, or in the event Tenant shall not terminate this Lease within the time above limited, Landlord shall, provided that the proceeds of the condemnation award are made available to the Landlord by any fee or leasehold mortgagee whose interest may be superior to that of the Landlord; and further provided that the condemnation does not result in a termination or cancellation of any underlying ground lease, promptly, but subject to reasonable delays, restore the Demised Premises to an architectural unit as nearly like it’s condition prior to such taking as shall be practicable, not including Tenant’s fixtures, furnishings, floor coverings, equipment, stock, or other personalty, and this Lease shall continue in full force and effect, except that, effective as of the date of actual taking, the fixed minimum rent shall be diminished by the amount representing the part of said rent applicable to that portion, if any, of the Demised Premises which is so condemned or taken. In the event of termination in any of the cases herein above provided, this Lease and the term and estate hereby granted shall expire as of such taking in the same manner and with the same effect as if that were the date hereinbefore set for the expiration of the term of this Lease, and the rent shall be apportioned as of such date. In the event of any condemnation or taking mentioned in this Section, whether or not this Lease shall be terminated, Landlord shall be entitled to receive the entire award in the condemnation proceeding without deduction therefrom for any estate vested by this Lease in Tenant, and Tenant shall receive no part of such award. Tenant hereby expressly assigns to Landlord any and all right, title, and interest of Tenant now or hereafter arising in or to any such award or any part hereof. Although all damages in the event of any condemnation are to belong to the Landlord whether such damages are awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant in Tenant’s own right on account of any and all cost or loss to which Tenant might be put in 1111 13 removing Tenant’s merchandise, furniture, fixtures, leasehold improvements and equipment, as well as any award given for the unamortized value of Tenant’s improvements, excluding those paid for by Landlord. INDEMNIFICATION OF LANDLORD 19. Tenant will indemnify Landlord and save it harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of an occurrence in, upon or at the Leased Premises, or the occupancy or use by Tenant of the Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, it’s agents, contractors, employees, servants, lessees or concessionaires. In case Landlord shall, without fault on it’s part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Landlord in connection with such litigation. Tenant shall also pay all costs, expenses and reasonable attorneys’ fees that may be incurred or paid by Landlord in enforcing the covenants and agreements in this Lease. BROKER’S COMMISSION 20. Tenant represents and warrants that there are no claims for brokerage commission or finder’s fees in connection with the execution of this Lease, and Tenant agrees to indemnify the Landlord against and hold it harmless from all liabilities arising from any such claim including, without limitations, the cost of counsel fees in connection therewith. PARKING AND COMMON AREA 21. The parking area, employee parking space, driveways, entrances and exits and all other common areas and facilities provided by Landlord for the general use, in common, of Tenants, their employees and customers, shall at all times be subject to the exclusive control and management of Landlord, and Landlord shall have the right to establish, modify, change and enforce uniform and non-discriminatory rules and regulations with respect to the parking area, employee parking area, and other Common Areas and facilities herein above mentioned, and Tenant agrees at all times to abide by and conform to such rules and regulations. Tenant agrees that it and it’s officers and employees will park their automobiles only in such space as Landlord may from time to time designate as employee parking space, which may at the election of Landlord, be adjacent to the Center and separated therefrom by intervening streets. Landlord shall have the right to close any part of the parking area or the employee parking space or other Common Areas and facilities for such time as Landlord in it’s sole discretion deems necessary for the benefit of the Shopping Center/Office. All Common Areas and facilities not within the Leased Premises which Tenant may be permitted to use and occupy are to be used and occupied under a revocable license, and if any such license be revoked, or if the amount of such areas be diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation or diminution of such areas be deemed constructive or actual eviction. DEFAULT 1112 14 22. If Tenant shall default in the payment of any rent or other payments required to Tenant or any part thereof, and if such default shall continue for five days after the payment shall be due and 5 days after being notified by landlord; or if Tenant shall default in the performance or observance of any other agreements or conditions on it’s part to be performed or observed, and if Tenant shall fail to cure said default within ten days after notice of said default from Landlord; or if any person shall levy upon, take, or attempt to take this leasehold interest or any party thereof upon execution, attachment, or other process of law; or if Tenant shall default with respect to any other lease between it and Landlord; or if the premises shall be deserted, vacated, abandoned, or if this Lease or any interest therein shall by operation of law devolve upon or pass to any person or persons other than Tenant; or if Tenant shall fail to move into and take possession of the Demised Premises within 30 days after Landlord’s giving notice to Tenant that the Demised Premises are ready for occupancy by Tenant, then, in any of said cases Landlord lawfully may immediately, or at any time thereafter and without any further notice or demand, terminate this Lease and Tenant will forthwith quit and surrender the Demised Premises, but Tenant shall remain liable as hereinafter provided. If this Lease shall be terminated as provided in this Section: The Landlord may immediately, or any time thereafter, re-enter and resume possession of the Demised Premises and remove all persons and property therefrom either by summary dispossess proceedings or by a suitable action or proceeding at law or in equity, or by force or otherwise, without being liable for any damages therefore. No re-entry by the Landlord shall be deemed an acceptance of a surrender of this Lease. The Landlord may relet the whole or any part of the Demised Premises for a period equal to, or greater, or less than the remainder of the term of this Lease, at such rental and upon such terms and conditions as the Landlord shall deem reasonable, to any tenant or tenants which it may deem suitable and satisfactory for any use and purpose which it may deem appropriate. In no event shall the Landlord be liable in any respect for failure to relent the Demised Premises or in the event of such reflecting, for failure to collect the rent thereunder. Any sums received by the Landlord on a reflecting in excess of the rent reserved in this Lease shall belong to the Landlord. EXPENSES OF ENFORCEMENT 23. In the event any payment due Landlord under this Lease shall not be paid on the due date, said payment shall bear interest at the rate of fifteen (15%) percent per annum from the due date until paid unless otherwise specifically provided herein, but the payment of such interest shall not excuse or cure any default by Tenant under this Lease . In no event, however, shall the interest rate charge pursuant hereto or pursuant to any other provision of this Lease be greater than the maximum rate permitted by law. In the event that is shall be necessary for Landlord to give more than one (1) written notice to Tenant of any violation of this Lease, Landlord shall be entitled to make an administrative charge to Tenant of Twenty-Five ($25.00) Dollars for each additional notice. Tenant recognizes and agrees that the charges which Landlord is entitled to make upon the conditions stated in this Section represent, at the time this Lease is made, a fair and reasonable estimate and liquidation of the costs of Landlord in the administration of the Shopping Center/Office resulting from the events described, which costs are not contemplate or included in any other rent or charges to be paid by Tenant to Landlord under this Lease. Any charges becoming due under this Section of this Lease shall be added to and become due with the next ensuing monthly payment of Fixed Minimum Annual Rent and shall be collectible as a part thereof. LEGAL EXPENSES 1113 15 24. In the event that is shall become necessary for Landlord to employ the services of any attorney to enforce any of it’s rights under this Lease or to collect any sums due to it under this Lease or to remedy the breach of any covenant of this Lease on the part of the Tenant to be kept or performed, regardless of whether suit be brought, Tenant shall pay to Landlord such reasonable Fee as shall be charged by Landlord’s attorney for such services. Should suit be brought for the recovery of possession of the Leased Premises, or for rent or any other sums due under this Lease, or because of the breach of any of Tenant’s covenants under this Lease, Tenant shall pay to Landlord all expenses of such suit and any appeal thereof, including a reasonable attorneys’ fee. SIGNS 25. Tenant may install and maintain electric or other artistic signs capable to being illuminated, advertising it’s business or products sold in the Demised Premises, provided that Tenant obtains the necessary permits from proper governmental authorities for the erection and maintenance of said sign, and the prior written approval and consent of the Landlord as to size, type, design and location of the sign on the premises, which approval will not be unreasonably withheld. Signs installed by Tenant shall be non-audible and non-flashing. FORCE MAJEURE 26. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restricting governmental laws of regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of such delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent, percentage rent, additional rent, or any other payments required by the terms of this Lease. HOLDING OVER 27. If the Tenant shall occupy said premises with consent of the Landlord after the expiration of this Lease and rent is accepted from said Tenant, such occupancy and payment shall be construed at an extension of this Lease for the term of one month only from the date of such expiration and occupation thereafter shall operate to extend the term of this Lease for but one month at a time unless other terms of such extension are endorsed hereon in writing and signed by the parties hereto. In such event, if either Landlord or Tenant desires to terminate said occupancy at the end of any month after the termination of this Lease, the party so desiring to terminate the same shall give the other party at least 30 days written notice to that effect. RUBBISH REMOVAL 28. The Tenant shall keep the premises clean, both inside and outside, at it’s own expense, and will remove the ashes, garbage, excelsior, straw and other refuse from said premises. The Tenant shall not burn any materials or rubbish of any description upon said premises. Tenant agrees to keep all accumulated rubbish in covered containers and to have same removed regularly, and to store the same in those areas of the Shopping Center/Office designated by the Landlord from time to time for the storage of rubbish awaiting collection. If no such area is designated by the Landlord, then to store said rubbish awaiting collection within the interior of the Leased Premises. All contractors employed by Tenant for removal of refuse and rubbish must be approved, in advance of employment, in writing by Landlord. In the event the Tenant 1114 16 fails to keep the Demised Premises and other portions theretofore described in the proper condition, the Landlord may cause the same to be done for that Tenant and the Tenant hereby agrees to pay the expenses thereof on demand, as additional rent. GENERAL CONDITIONS 29. This Lease shall be subject to the following general conditions: (a) If the Tenant shall default in the performance of any covenant or condition in this Lease required to be performed by the Tenant, the Landlord may perform such covenant or condition for the account and at the expense of the Tenant. If the Landlord shall incur any expenses, including reasonable attorneys’ fees, in instituting, prosecuting or defending any action or proceeding, instituted by reason of any default of the Tenant, the Tenant shall reimburse the Landlord for the amount of such expense or additional rent. (b) Landlord hereby reserved the right to make alterations or additions to and to build additional stories on the building in which the premises are contained and to build adjoining the same. Landlord also reserves the right to construct other buildings or improvements in the Shopping Center/Office from time to time and to make alterations thereof or additions thereto and to build additional stores on any such building or buildings and to build adjoining same. (c) If any excavation shall be made upon land adjacent to the Leased Premises, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter upon the Leased Premises for the purpose of doing such work as Landlord shall deem necessary to preserve the wall or the building of which the Leased Premises form a part from injury or damage and to support the same by proper foundations, without any claim for damages or indemnification against Landlord for diminution or abatement of rent. (d) No failure of Landlord to exercise any power given Landlord hereunder, or to insist upon strict compliance by Tenant with it’s obligation, hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Landlord’s right to demand exact compliance with the terms. (e) This Lease and the Exhibits, and Riders, if any, attached hereto and forming a part hereof, contain all the covenants, promises, agreements, conditions, representations and understandings between Landlord and Tenant with respect to the subject matter hereof, and supersede any prior agreements between the parties hereto, with respect to the subject matter hereof. Tenant hereby acknowledges that there are no covenants, promises, agreements, conditions, representations or understandings, either oral or written, between the parties hereto, other than those set forth herein or provided for herein, with respect to the subject matter hereof. Tenant further acknowledges and represents that it has not relied on any covenants, promises, agreements, conditions, representations or understandings, either oral or written, other than those set forth herein or provided for herein, with respect to subject matter hereof, as an inducement to enter into this Lease. No alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by each party. This Agreement is not intended to confer upon any person other than the parties hereto any rights or remedies hereunder. (f) Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed of the Leased Premises by reason of the violation by Tenant of any of the covenants or conditions to this Lease, or otherwise. (g) Tenant waives all homestead rights and exemptions which he may have under any 1115 17 law as against any obligations owing under this Lease. Tenant hereby assigns to Landlord his homestead and exemption. (h) Tenant agrees not to change the advertised name of the business operated in the Leased Premises without the written permission of the Landlord. (i) All rights and liabilities herein given to or imposed upon the respective parties hereto shall extend to and bind the several respective heirs, executors, administrators, successors, and assigns of the said parties and if there shall be more than one tenant, they shall all be bound jointly and severally by the terms, covenants and agreements herein. (j) Landlord may card the premises “For Sale” at any time and “For Rent” thirty (30) days before the termination of this Lease. Landlord may enter the premises at reasonable hours on reasonable advance notice to exhibit same to prospective purchasers or tenants and to make repairs required of Landlord under the terms hereof, or to make repairs to Landlord’s adjoining property, if any. (k) In cases which this Lease provides for the settlement of a dispute or question by arbitration, the same shall be settled by arbitration before three arbitrators unless the Landlord and Tenant shall agree to one arbitrator designated by the American Arbitration Association and in accordance with the rules of such association. The expense of arbitration proceedings conducted hereunder shall be borne equally by the parties. (l) Tenant agrees that whenever is it necessary to avoid a strike, boycott or other work stoppage in or about the Shopping Center/Office that is will employ union labor for the purpose of making any alterations, additions or improvements on or about the Demised Premises. (m) Tenant agrees, at it’s own expense, to promptly comply with all requirements of any legally constituted public authority made necessary by reason of Tenant’s occupancy of the Leased Premises. (n) Tenant agrees that, in the event the tenants occupying more than 50% of the space in the Shopping Center/Office agree to form a merchants’ association, it will join said merchants’ association, pay all reasonable dues, and abide by all reasonable rules and regulations promulgated by said association. (o) In every instance where Landlord’s approval is required, said approval shall not be unreasonably withheld. (p) Confidentiality. Tenant agrees that it shall not disclose the terms of this Lease to persons who are not parties to this Agreement unless required by lawful court order or otherwise by law. Tenant recognizes and agrees that the subject of this Paragraph is unique and that the failure of Tenant to perform or fulfill its obligations hereunder will result in irreparable harm to the Landlord. Accordingly, Tenant agrees and consents that specific performance of the terms of this Paragraph and/or other equitable relief may be obtained through the Courts of the State of Florida. However, equitable relief shall not preclude any action for damages arising from a violation of the provisions of this Paragraph. (q) In every instance where Landlord’s consent or approval is required, the consent or approval shall not be unreasonably withheld, denied or delayed. NOTICES 30. Tenant hereby appoints at it’s agent to receive service of all dispossessory or distraint proceedings and notice thereunder and all notices required under this Lease, the person in charge of Leased Premises at the time of occupying said premises; and if no person is in charge of or occupying said premises, then such service of notice may be made by attaching the same 1116 18 on the main entrance of said premise. A copy of all notices under this Lease shall also be sent to Tenant’s last known address, if different from said premises. Any written notice required by this Lease must be served by certified or registered mail, postage prepaid, addressed to the intended recipient, at the address first herein above given or at such other address as said party may designate from time to time by written notice. RECORDING OF LEASE 31. Landlord, in order to protect the benefits of this Lease for the Tenant, may whenever Landlord deems necessary, record this Lease and abstracts and memorandums thereof, whether required or permitted by law, in whatever states or jurisdiction in which the same is recordable, at Tenant’s sole cost and expense including, but not limited to, the recording fees, taxes and all other costs and expenses of recordation. Simultaneously with the execution of this Lease, the parties agree to execute a memorandum of lease for recording purposes. VALIDITY OF LEASE 32. This Lease and the attached exhibits contain the entire agreement between the parties and shall not be modified in any manner except by an instrument in writing executed by the parties. If any term or provision of this Lease, or the application thereof, to any person or circumstance shall to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. LIABILITY OF LANDLORD 33. Tenant shall look solely to Landlord’s interest in the premises and the Shopping Center/Office of which the premises are a part for the satisfaction of any judgment or decree requiring the payment of money by Landlord, based upon any default under this Lease, and no other property of assets of the Landlord shall be subject to levy, execution or other enforcement procedure or satisfaction of any such judgment or decree. ARBITRATION 34. Notwithstanding any of the foregoing, all disputes that arise in connection with this Agreement shall be settled by arbitration in the State of Florida pursuant to the rules of the American Arbitration Association for commercial arbitration using one arbitrator selected by each of the parties hereto and one arbitrator selected by the two arbitrators so selected. The award rendered by the arbitrators shall be conclusive and binding upon the parties hereto and judgment may be rendered thereon by a court of competent jurisdiction. Each party shall pay its own expenses of arbitration and the expenses of the arbitrators shall be paid equally by the parties hereto; except that if any matter or dispute raised by a party or any defense or objection was unreasonable, the arbitrators may, in their discretion, assess as part of their award, all or any part of the arbitration expenses (including reasonable attorneys' fees) of the other party and of the arbitrators against the party raising any such unreasonable matter, dispute, defense or objection. CAPTIONS AND SECTION 35. The captions, sections, numbers article numbers, and index appearing in this Lease are inserted as a matter of convenience and in no way define, limit, construe, or describe the scope 1117 19 or intent of such sections or articles of this Lease nor in any way affect this Lease. ADDITIONAL PROVISIONS 36. The following provisions are to be construed as part of this Lease and to the extent that the provisions of this Section are inconsistent with the preceding sections of this Lease, these Sections shall prevail: 37. The basic rent for the period from _September 1st__, 2024 through _August 31st, 2025 shall be sixteen hundred ($1600._) DOLLARS per month, payable on the 1st day of each month. 38. Subject to the adjustments hereafter provided, Tenant shall pay in addition to the basic monthly rent provided in Paragraph 36 hereof _***_N/A Gross Lease_*** ($_N/A_____) Dollars per month on the first day of each month as an estimate of Tenant’s proportionate share of the utilities used by Tenant, the real property taxes as defined in Paragraph 3(b) hereof and it’s proportionate share of the cost of insurance as defined in Paragraph 3(c) hereof, and it’s proportionate share of Operating Expenses as defined in Paragraph 3(d) hereof ***N/A Gross Lease*** 39. In addition to the basic rent and Tenant’s share of expenses which are to be paid to Landlord hereunder, Tenant shall also pay to Landlord on a monthly basis the Florida Sales Tax and any other taxes which may hereafter be imposed, all as more specifically provided in Paragraph 3(f) of this Lease. 40. Lease Renewal Option Based on the Consumer Price Index (CPI). While this Lease is in full force and effect, provided that Lessee is not in default of any of the terms, covenants, and conditions thereof, Lessee shall have the right or option to extend the original term of this Lease for two (_2_ ) additional term(s) of _three_ (_3_) year(s). . Such extension or renewal of the original term shall be on the same terms, covenants, or conditions as provided for in the original term except that the rental during the option period shall be increased on an annual basis for each renewal period determined by multiplying the base rental during the primary term by the percentage increase in the Consumer Price Index, as prepared by the United States Bureau of Labor Statistics, CPI as used herein shall mean the Consumer Price Index issued by the United States Bureau of Labor Statistics of the Monthly Labor Review. The base rental shall be determined on an annual basis. The percentage increase shall be CPI Maximimum 4% If the publication of the CPI should be discontinued or the base year changed, the parties hereto shall thereafter accept comparable statistics on consumer prices for the United States as they shall be computed by an agency of the United States or by a responsible financial periodical of recognized authority then to be selected by the parties hereto, or if the parties cannot agree upon a selection, by arbitration. In the event of use of comparable statistics in place of the CPI as above mentioned or publication of the Index figure at other than monthly intervals, there shall be made n the method of computation herein provided for such revisions as the circumstances may require to carry out the intention of this provision in any equitable manner, and any dispute between the parties as to the making of such adjustment shall be determined by arbitration. Should arbitration become necessary for the resolution of a dispute under this Subparagraph, it shall be conducted according to the appropriate rules of the American Arbitration Association . In the event Lessee elects to exercise the option herein described, Lessee shall so notify Lessor in writing no later than Three (3) months prior to the expiration of the terms of this Lease. In no event shall the rental in the renewal term be below the rental in the original terms of the Lease. 1118 20 I N W I T N E S S W H E R E O F , the parties have hereunto set their hands and seals the day and year first above written to this Lease Agreement to which has been annexed Exhibit “A” (Lease Floor Plan). WITNESS: LANDLORD: FOUR SONS PLAZA LLC ______________________________By:________________________________ Robert Nebb Manager ______________________________ TENANT: By:________________________________ Sean Iglehart, Manager ______________________________ Second Rodeo Hospitality LLC GUARANTY ___________________________________ __ ________________, absolutely and unconditionally guarantees the performance by Tenant of its obligation under the above written Lease. JAMES CRUZ 1119 21 PAGE 2A Upon execution of this Lease Agreement Tenant shall pay a total of Three Thousand ($3000.) Dollars of which Landlord acknowledges he has received. These monies shall be applied as follows: 1. $1600. to the first month’s rent, 2. $1600. to the security deposit The base rent during the initial Three (3) year period shall be as follows: Year Monthly Annual 1 $ 1600. $19200. 2 same plus cpi 3 same plus cpi 4 same plus cpi 5 same plus cpi 1120 AMENDMENT TO LEASE AGREEMENT This Amendment ("Amendment") is made and entered into as of July 1st , 2025, by and between Four Sons Plaza LLC ("Landlord'') and Second Rodeo Hospitality LLC ("Tenant"), with reference to that certain Lease Agreement dated October 1st , 2024 (the "Lease"), for the premises at 640 East Ocean Avenue, Boynton Beach, Florida. WHEREAS, Landlord and Tenant desire to amend the Lease in accordance with the terms set forth below. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows: 1 . Premises. The description of the premises in the Lease is hereby amended to read: "640 East Ocean Avenue Suite 6 (former OKM restaurant) and Suite 5 (former Dog Grooming business)." 2. Rent. The monthly gross rent shall be increased from $1,600 to $3,200. 3. CPI Adjustment for Suite 5. The annual inflation adjustment clause based on the Consumer Price Index (CPI) shall not apply to the Suite 5 portion of the rent for the current lease year, as Tenant was not a tenant of Suite 5 for most of the year. 4. Security Deposit. Tenant shall increase its security deposit from $1,600 to $3,200. Tenant shall deliver the additional $1,600 deposit to Landlord upon execution of this Amendment. 1121 • 5. Term Section 2.A of the Lease ("Term'') is hereby amended to reflect a ten (10) year term commencing on July 1, 2025, in place of the original five (5) year term. 6. Lease Renewal Options Section 40 of the Lease ("Additional Provisions -Lease Renewal Options") is amended to provide that Tenant shall have two (2) additional options to renew the Lease for five (5) years each, instead of the original two additionaJ terms of three (3) years each. All other terms and conditions regarding renewal options remain in full force and effect. 7. Remaining Terms. All other terms, covenants, and conditions of the Lease not modified herein shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written. LANDLORD: Four Sons Plaza LLC By: /2-::::: '\, -----= / Name: fL~~J /lJc~J Title: I_; le ~--/ ~//t'vJ;,c,- 1 TENANT: Second Rodeo Hospitality LLC Name: S rt Title: Managing Member 1122 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.K SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $18,806.28 to Hope Pool and Spa LLC located at 1220 W. Industrial Avenue, Unit 5 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Hope Pool and Spa LLC located at 1220 W. Industrial Avenue, Unit 5, Boynton Beach, FL 33426 (see Attachments I-II). Hope Pool and Spa is a family-owned and operated company providing weekly pool maintenance and pump repairs. What started as a homebased business six years ago has now grown into a commercial/industrial space with plans to grow to their team. Hope Pool and Spa strive to provide service that supports building quality family time around the pool. Hope Pool and Spa currently operate with three cleaning technicians and one supervisor and is planning to add two more cleaning technicians to the crew. Under the terms of their executed Landlord-Tenant Lease Agreement, the base rent (plus CAM) to be paid by the applicant is $3,134.38 per month (see Attachment III). Hope Pool and Spa qualify as a Tier II business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,750 per month for a 12-month period, whichever is less. If approved, Hope Pool and Spa would be reimbursed in the amount of $1,567.19/month for a period of 12 months or a total grant amount of $18,806.28 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY 2025-2026 Budget, Project Fund, Line Item 02-58400-444, $18,806.28 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan 1123 •Attachment I - Commercial Rent Reimbursement Grant Application •Attachment II - Location Map •Attachment III - Lease CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $18,806.28 to Hope Pool and Spa LLC located at 1220 W. Industrial Avenue, Unit 5, Boynton Beach, FL 33426. ATTACHMENTS: Description 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 Business Information Additional Information Application Commercial Rent Reimbursement Grant Program Status Awaiting Decision Business Name Hope Pool and Spa Contact Legal Name Judith Rust Email info@hopepoolandspa.com Address 1220 W. Industrial Ave., Boynton Beach, Florida 33426, United States Phone 561-523-1769 Website http://hopepoolandspa.com Special Requests Submitted Time Jan 20, 2026 3:46 pm Tags Boynton Beach Business Address: N/A Provide a list of all principal owners listed on corporate documents Judith Rust 23 Country Lake Circle Boynton Beach, Fl. 33436 5615231769 Business Mission Statement Because Family Time Matters Are you an existing business in Boynton Beach? Yes Numbers of years in existence 6 1/21/26, 9:41 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=813272&index=1&total=37 1/31138 Are you a new business in Boytnon Beach? No Description of your business We are a pool cleaning business. Type of Business Tier II Base Rent (plus CAM if applicable) 3134.38 Square Footage of Current Location 300 Square Feet Home Office. Square Footage of New Location 1250 Square Feet Number of Employees & Job Descriptions Currently have three pool cleaning technicians and one supervisor. We intend to add two more pool cleaning technicians. Pay ranges from 42,000-45,000 and they work Monday- Friday, 6:30 am - 3:30 pm. Each Pool Technician cleans 95-100 pools each week. The Supervisor, ensures the Pool Technicians have everything they need, cover them if they are out for any reason, check all 300 pools on a rotating schedule to ensure proper work is being done and all clients pool equipment is working properly. Hours of Operation Monday - Friday, 6:30 am - 3:30 pm, Saturday, as needed. Are you applying for grant assitance under any other program offered by the BBCRA? None Are you applying for grant assistance under any other governmental agencies? N/A Landlord Contact Information David Kaufman, 333 W. 41st Street, Miami, Fl. 33140, 323-252-2279 In the following sections, please upload the requested documents. If more than one file is needed in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in order for them to upload. I understand Upload resumes for each principal/owner listed on coporate documents here: File uploaded Upload a copy of the lease here: File uploaded Upload Copy of Corporate Documents Here File uploaded Upload two years of corporate tax returns here: File uploaded Upload City of Boynton Beach Business Tax Reciept Here File uploaded 1/21/26, 9:41 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=813272&index=1&total=37 2/31139 Prices Upload Palm Beach County Business Tax Reciept Here File uploaded Upload Credit Check Authorization Form Here File uploaded Upload Business w9 here: File uploaded Upload the Grant Intake Form here: File uploaded Upload Notarized "Anti-Human Trafficking Affidavit" here: File uploaded Upload Signed "Program Rules & Regulations" Here File uploaded I understand that submission of an application is not a guarantee of grant funding or Board approval. Any "approval" notifications sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Judith Rust How would you like to pay your application fee? Drop of a check to the BBCRA Office Application Fee Quantity - 1 | Total - $100.00 1/21/26, 9:41 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=813272&index=1&total=37 3/31140 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print PROPCO 1140 W INDUSTRIAL BOYNTON FL LP LOCATION 1140 W INDUSTRIAL AVE MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-20-20-000-0102 SUBDIVISION BOYNTON BEACH INDUSTRIAL PARK NORTH BOOK/PAGE 35884/377 SALE DATE 06/26/2025 MAILING ADDRESS 333 W 41ST ST STE 611 MIAMI FL 33140 3602 USE TYPE OWNERS PROPERTY DETAIL      v.1.5b 12/23/25, 11:43 AM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/11141 #491413v2 STANDARD INDUSTRIAL LEASE 1. Parties. This Lease (“Lease”), dated _____________, 2025 (“Effective Date”), is made by and between Propco 1140 W Industrial Boynton FL LP, a Florida partnership (“Landlord”) and Hope Pool and Spa LLC, a Florida limited liability company (“Tenant”). 2. Premises; Common Areas. Landlord hereby leases to Tenant and Tenant leases from Landlord that certain real property consisting of 1,250 square feet located at 1220 W Industrial Ave., Boynton Beach, Florida 33426 (“Premises”), which is part of a 32,800 square foot building and 8,000 square foot overhand, for a total of 40,800 rentable square footage (“Building”). The Premises shall be delivered to Tenant in its AS-IS, WHERE-IS condition, with all faults, if any, and Tenant hereby accepts possession of the Premises in such condition. Landlord makes no representation or warranty as to the condition of the Premises. The Premises, the Building, the Common Areas, the land upon which the same are located along with all other buildings and improvements thereon, are herein collectively referred to as the “Industrial Center”. “Common Areas” is defined as all areas outside the Premises and within the exterior boundary line of the Industrial Center that are provided and designated by Landlord for the general non-exclusive use of the Industrial Center. Landlord shall have sole control over the Common Areas and may modify its size, layout, location, or use, and may establish, amend, and enforce rules and regulations therefor. Tenant shall comply with all such rules and ensure its agents and invitees also comply. Tenant shall be entitled to non-exclusive use of available vehicle parking spaces on those portions of the Common Areas designated by Landlord for general parking. Tenant’s usage of parking spaces shall not exceed Tenant’s Prorata Share (hereinafter defined) of available parking. 3. Term. The Term of this Lease (“Term”) shall commence on November 1, 2025 (“Commencement Date”) and expire on October 31, 2028 (“Expiration Date”), unless extended or sooner terminated pursuant to any provision hereof. Notwithstanding said Commencement Date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on said date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the Term hereof or allow Tenant to terminate this Lease. Tenant shall not have the right to occupy the Premises until this Lease has been fully executed, evidence of all insurance required under this Lease has been provided to Landlord, and the Security Deposit and Prepaid Rent has been paid to Landlord. 4. Base Rent. Tenant shall pay to Landlord as base rent (“Base Rent” and together with all Additional Rent and other amounts due hereunder, “Rent”) for the Premises, monthly payments in accordance with the following chart, in advance, on the first day of each month of the Term hereof, commencing as of the Commencement Date. Additionally, Tenant shall pay all applicable sales and use tax on the Rent at the then-current promulgated rate by applicable governing authorities. Base Rent for any period which is less than one month shall be prorated. Rent shall be payable to Landlord in the method and place as Landlord designates in writing. In the first year, the tenant shall receive two month of “free rent”. Document ID: ipre-eastfairway-D1aTwMQGIvWl9h9a9dIL - Page 1 October 30th 1142 #491413v2 On the Effective Date, Tenant shall deposit with Landlord the amount of $2,604.17 (“Security Deposit”), to be held as security for the faithful performance by Tenant of all obligations. Landlord may apply all or any portion of the Security Deposit to the payment of any overdue Rent. In the event of the failure of Tenant to keep and perform any of its obligations, then Landlord may apply all or any portion of the Security Deposit, to compensate the Landlord for loss suffered by Landlord due to such breach on the part of Tenant. Tenant shall, upon the written demand of Landlord, remit to Landlord a sufficient amount to restore said Security Deposit to the original sum deposited, and Tenant’s failure to do so within five (5) days after receipt of such demand shall constitute a Material Default. In addition to the Security Deposit, Tenant shall pay Landlord $2,604.17 (“Prepaid Rent”) on the Effective Date, which shall be applied against the last month of the Term. 5. Operating Expenses. Tenant shall pay to Landlord, in addition to the Base Rent, Tenant’s Prorata Share, which amount is equal to 3.06%, of all Operating Expenses during each calendar year (“Additional Rent”). “Operating Expenses” shall include all costs, expenses and fees in operating, maintaining, repairing, replacing, equipping, servicing, managing, and/or otherwise owning the Industrial Center. Operating Expenses shall include, without limitation, Property Taxes, Insurance Costs, Common Area utilities and other service charges, management costs (including a property management fee), Capital Expenditures (defined below), and reserves. “Capital Expenditures” means capital improvements or expenditures that are (i) required by laws and regulations mandated after the Effective Date, (ii) related to maintaining in good repair and working order the Building, the roof, the structure and all Building systems, or (iii) expected or intended to reduce Operating Expenses. “Insurance Costs” shall mean the cost of the premiums and any deductibles paid by Landlord for any insurance policy maintained by Landlord in connection with its ownership of the Premises, Building, or Industrial Center. “Property Taxes” shall include any form of real estate tax or assessment that are imposed on the Premises. Notwithstanding the foregoing, Tenant shall pay prior to delinquency all taxes assessed against and levied upon the personal property of Tenant contained in the Premises. An amount shall be estimated by Landlord from time to time of Tenant’s Prorata Share of Operating Expenses and the same shall be payable monthly (together with applicable sales tax thereon) during each twelve-month period of the Term, on the same day as the Base Rent is due hereunder. Landlord shall deliver to Tenant within ninety days after the expiration of each calendar year a certified statement showing Tenant’s Prorata Share of the actual Operating Expenses incurred during the preceding year. If Tenant’s payments under this Section during said preceding year exceed Tenant’s Prorata Share as indicated on said statement, Tenant shall be entitled to credit the amount of such overpayment against Tenant’s Prorata Share of Operating Expenses next falling due or refunded to Tenant with such statement if such statement is received after the Expiration Date. If Tenant’s payments under this paragraph during said preceding year were less than Tenant’s Prorata Share as indicated on said statement, Tenant shall pay to Landlord the amount of the deficiency within thirty days after receipt of such statement from Landlord to Tenant. The provisions of this Section shall survive the expiration or earlier termination of this Lease. 6. Permitted Use; Compliance. The Premises may be used for equipment storage in compliance with all applicable laws and regulations, and for no other use (“Permitted Use”). Tenant shall be responsible for, at its sole cost and expense, obtaining and maintaining any and all applicable permits, licenses, or approvals required to operate the Premises in accordance with the Permitted Use. Tenant shall, at Tenant’s expense, comply with any covenants, conditions or restrictions of record, or any applicable law, building code, regulation or ordinance, including, but not limited to, the Americans with Disabilities Act of 1990 (“Laws”). Tenant shall not use the Premises in any manner that will create waste or a nuisance, violate Laws, or disturb other tenants in the Industrial Center. 7. Maintenance Obligations. Landlord shall keep in good condition the Common Areas, the roof, foundations and structural integrity of the Premises; provided, however, that Tenant shall be responsible for any damage caused by Tenant or any Tenant Party (hereinafter defined). The cost of Landlord’s Document ID: ipre-eastfairway-D1aTwMQGIvWl9h9a9dIL - Page 2 1143 #491413v2 obligations shall be passed through to Tenant as Operating Expenses. Except as expressly provided herein, Landlord shall not be required to complete any repairs, maintenance, or replacements. Tenant, at Tenant’s sole cost and expense and in full compliance with applicable Laws, shall keep the Premises in good order, condition and repair and make necessary replacements thereto, including, but not limited to, all windows, doors, glass, floors, fixtures, interior and exterior loading docks and rollup doors, signs, utility installations, mechanical, plumbing, electrical, and HVAC systems, and any damage to the Premises, Building or Industrial Center resulting from the action or inaction of Tenant or any Tenant Party. Tenant shall maintain a quarterly HVAC service contract with a contractor reasonably approved by Landlord. At Tenant’s sole cost and expense, Tenant shall be responsible for keeping the Common Areas directly outside of the Premises clean and free of trash. 8. Alterations and Additions. Tenant shall not make any alteration, improvement or addition (including signage) to the Premises or Building without Landlord’s prior written consent, in Landlord’s sole and absolute discretion. Tenant shall perform any alteration, improvement, or addition approved by Landlord at Tenant’s sole cost in compliance with all applicable laws and the plans and specifications approved by Landlord. Should Tenant make any alteration, improvement, or addition without the prior approval of Landlord, same shall be considered a default under the terms of this Lease and in addition all other rights and remedies, Landlord may require that Tenant remove any or all of the same at Tenant’s expense. Tenant shall have no authority to create, and shall not permit, any lien under Chapter 713, Florida Statutes, against the Premises, the Industrial Center, or Landlord’s interest therein. Landlord shall not be deemed to have requested or consented to any such work by virtue of this Lease. Tenant shall give written notice of such prohibition to all contractors, subcontractors, suppliers, and laborers prior to the commencement of any work. At Landlord’s option, a notice of this Lease may be recorded pursuant to Section 713.10, Florida Statutes, in the Public Records of the county where the Premises is located. Notwithstanding the foregoing, Tenant shall promptly discharge or bond any such lien and indemnify, defend, and hold Landlord harmless from any costs, claims, or expenses related thereto. This Section shall survive the expiration or earlier termination of the Lease. 9. Surrender; Holdover. On the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in substantially the same condition as received, broom clean and free of debris. Tenant may remove its furniture, fixtures, and equipment, provided Tenant repairs any damage caused by such removal and restores any affected areas to the condition as existed prior to installation thereof. All alterations, improvements, and additions shall become Landlord’s property and be surrendered with the Premises unless Landlord, at the time of approval, requires removal, in which case Tenant shall remove same and repair any resulting damage upon surrender. If Tenant remains in possession of the Premises or any part thereof after the expiration of the Term hereof, Tenant shall be a tenant at sufferance upon all the provisions of this Lease pertaining to the obligations of Tenant, except that Rent shall increase to 200% of the rate in effect at the expiration of the Lease and Tenant shall pay Landlord any losses or damages incurred as a result of holding over (such as a lost tenancy). 10. Insurance. Tenant shall, at Tenant’s expense, obtain and keep in force with insurance companies satisfactory to Landlord (i) Commercial General Liability insurance with coverage in amounts not less than $1,000,000.00 per occurrence and $1,000,000 in the aggregate for bodily injury and property damage liability naming Landlord, Landlord’s management agent (if any) and, if required, Landlord’s lender, as additional insureds by endorsement; (ii) workers compensation insurance as required by applicable law; and (iii) such other policies as reasonably determined by Landlord. Tenant shall be obligated to pay any and all deductibles in connection with such insurance policies and Landlord shall be the beneficiary of any Business Interruption Insurance proceeds. The insurance requirements, at Landlord’s option, may be changed or increased. Such insurance shall provide that the coverage cannot be canceled, modified or renewal refused without at least thirty days' written notice to Landlord. Landlord shall not be responsible for any loss or damage occurring to any property owned by Tenant and Tenant shall be responsible for Document ID: ipre-eastfairway-D1aTwMQGIvWl9h9a9dIL - Page 3 1144 #491413v2 maintaining any insurance coverage on Tenant's property which Tenant deems necessary. Tenant hereby waives any and all rights of recovery against Landlord for or arising out of any damage or destruction of any property of Tenant from causes then included under standard fire and extended coverage insurance policies, and Tenant shall obtain a waiver from the carrier of Tenant's insurance on the Premises waiving and releasing such carrier's subrogation rights against Landlord. 11. Indemnity. Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all claims arising from (a) any breach in the performance of any obligation to be performed under the terms of this Lease, (b) any act, omission, fault or negligence of Tenant or any Tenant Party (c) Tenant’s use of the Premises, (d) the conduct of Tenant’s business, or (e) any activity, work or things done, permitted or suffered by Tenant in or about the Premises by Tenant or any Tenant Party, and from and against all costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. Tenant agrees to immediately notify Landlord of and promptly clean up any hazardous or toxic materials which are placed in the Premises or the Industrial Center by Tenant or its servants, agents, employees, contractors, subcontractors, licensees, assignees, subtenants, or invitees (each, a “Tenant Party”) other than de minimis amounts customarily used in Tenant’s business and in full compliance with Laws, and to remediate and remove same at Tenant’s cost and expense, in compliance with all Laws then in effect and to Landlord’s reasonable satisfaction, at no cost or expense to Landlord. The provisions of this Section shall survive the termination or earlier expiration of this Lease. 12. Casualty; Condemnation. If the Industrial Center or any portion thereof is damaged or destroyed by any casualty and: (a) the Building or a material part of the Common Areas shall be so damaged that substantial alteration or reconstruction shall, in Landlord's opinion, be required (whether or not the Premises shall have been damaged by the casualty); or (b) Landlord is not permitted to rebuild the Building or a material part of the Common Areas in substantially the same form as it existed before the damage; or (c) the Premises shall be materially damaged by casualty during the last year of the Term; or (d) any mortgagee requires that the insurance proceeds be applied to the payment of the mortgage debt; or (e) the damage is not fully covered by insurance maintained by Landlord; then Landlord may, within 90 days after the casualty, give notice to Tenant of Landlord's election to terminate this Lease, and the balance of the Lease Term shall automatically expire on the fifth day after the notice is delivered. If this Lease is not terminated as provided above, then Landlord shall proceed with reasonable diligence to restore the Building and the Premises to substantially the same condition it was in immediately before the casualty. Landlord shall not be required to restore any unleased premises in the Building, any alterations or other improvements in the Premises, or any portion of Tenant's property. Rent shall abate in proportion to the portion of the Premises not usable by Tenant as a result of any casualty, as of the date on which the Premises becomes unusable, and the abatement shall continue until the date the Premises become tenantable again, such abatement being Tenant’s sole remedy for any casualty. If the whole or any substantial part of the Premises or the Industrial Center should be taken for any public or quasi-public use under governmental law, ordinance or regulation, or by right of eminent domain, or by private purchase in lieu thereof (a "Taking" or "Taken"), and the Taking would, in Landlord’s judgment, prevent or materially interfere with the permitted use of the Premises or impair Landlord’s operation of the Industrial Center, then Landlord may, upon written notice to Tenant, terminate this Lease and Base Rent shall be apportioned as of said notice date. If a Taking occurs and this Lease is not terminated as provided above, the Base Rent payable hereunder during the unexpired Term shall be reduced to such extent as may be fair and reasonable under the circumstances. In the event of any Taking, Landlord shall be entitled to receive the entire price or award from such Taking without any payment to Tenant, and Tenant hereby assigns to Landlord Tenant’s interest, if any, in such award. 13. Utilities. Tenant, at Tenant's sole cost and expense, shall be responsible for furnishing the Premises with and paying for all utilities and services used or consumed at the Premises. Document ID: ipre-eastfairway-D1aTwMQGIvWl9h9a9dIL - Page 4 1145 #491413v2 14. Assignment. Tenant may not voluntarily or by operation of law assign, transfer, mortgage, sublet, or otherwise transfer or encumber all or any part of Tenant’s interest in this Lease, or in the Premises, to any party without Landlord’s prior written consent, in Landlord’s sole and absolute discretion. Any change in the ownership of Tenant shall be deemed an assignment for purposes of this Section. Tenant shall pay a $2,500.00 fee for legal review in connection with any assignment or sublease. No subletting or assignment shall release Tenant from its obligations hereunder. The acceptance of Rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. 15. Default; Remedies. The occurrence of any one or more of the following events, in addition to any other event expressly defined as such herein, shall constitute a “Material Default” and breach of this Lease by Tenant: (a) the failure to make any payment of Rent or any other payment required to be made hereunder, as and when due; (b) Tenant abandons the Premises, fails to carry insurance required herein, fails to discharge or bond a lien as required herein, fails to obtain and/or maintain all licenses, permits and approvals required to operate the Premises for the Permitted Use, fails to comply with applicable Laws, and/or sublets, transfers, or assigns this Lease in violation of the terms hereof; (c) Tenant makes a general assignment for the benefit of creditors, or commences an action or an order is entered against Tenant as debtor, under any law relating to bankruptcy, insolvency, reorganization or relief of debtors, or any receiver or trustee is appointed for all or substantially all of the assets of Tenant; or (d) Except as otherwise addressed in this Section, the failure by Tenant to observe or perform any of the obligations of this Lease where such failure shall continue for a period of thirty days after the receipt of notice thereof from Landlord. In the event of any such Material Default by Tenant, Landlord shall have the right to pursue any one or more of the following remedies: (A) Landlord may terminate this Lease upon written notice Tenant, in which event the Term and all right, title and interest of Tenant hereunder shall end on the date stated in such notice. Landlord shall be entitled to recover (i) all Rent and any other sums due under this Lease on the date of termination, (ii) the costs of repairs, alterations, additions, redecorating and Landlord’s expenses of reletting and the collection of the rent accruing therefrom, (iii) expenses incurred by Landlord in pursuit of its remedies (including reasonable attorney’s fees), (iv) the unamortized amount of any tenant inducements provided to Tenant or any real estate commission actually paid in connection with this Lease, and (v) accelerated Rent for the unused portion of the Term, with such accelerated Rent being immediately due and payable; or (B) Landlord may terminate the right of Tenant to possession of the Premises without terminating this Lease, by giving written notice to Tenant that Tenant’s right of possession shall end on the date stated in such notice, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease on the date stated in such notice. Tenant shall continue to pay to Landlord the full amount of Rent, including any other sums reserved in this Lease for the remaining Term, as and when due, together with the costs of repairs, alterations, additions, redecorating and Landlord’s expenses of reletting and the collection of the rent accruing therefrom, and expenses incurred by Landlord in pursuit of its remedies (including reasonable attorney’s fees), as the same shall then be due or become due from time to time, less only such consideration as Landlord may have received from any reletting of the Premises. Any proceeds of reletting by Landlord in excess of the amount then owed by Tenant to Landlord from time to time shall be credited against Tenant’s future obligations under this Lease but shall not otherwise be refunded to Tenant or inure to Tenant’s benefit; or (C) without terminating this Lease or possession and without being liable for any claim for damages therefor, Landlord may enter the Premises and maintain the Premises and any portion thereof or otherwise do anything for which Tenant is responsible hereunder (including, without limitation, discharging any lien, maintaining required insurance, and performing Tenant’s maintenance, repair, and replacement obligations hereunder). Tenant shall reimburse Landlord immediately upon demand for any expenses which Landlord incurs in effecting Tenant’s compliance under this Lease; or (D) pursue any other remedy and any combination of remedies now or hereafter available to Landlord under the laws or judicial decisions of the State wherein the Premises are located. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies hereunder or at law or in equity. The rights and liabilities set forth herein shall survive termination of this Lease. Upon any Material Default, if Landlord terminates this Lease or terminates Tenant’s possession only, Landlord may remove Document ID: ipre-eastfairway-D1aTwMQGIvWl9h9a9dIL - Page 5 1146 #491413v2 persons and property from the Premises and such property, if any, may be removed and stored in a warehouse or elsewhere or disposed of, at the cost and for the account of Tenant, all without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby, and Landlord may (but has no obligation to) relet the Premises or any portion thereof as the agent of Tenant, upon such terms and conditions as Landlord may deem necessary or desirable, and without giving any preference to reletting the Premises over any other available premises at the Industrial Center. Landlord shall not be in default under this Lease unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty days, after receipt of notice from Tenant to Landlord, specifying wherein Landlord has failed to perform such obligation; provided, however, that, if the nature of Landlord’s obligation is such that more than thirty days are required for performance then Landlord shall not be in default if Landlord commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. 16. SNDAs/Estoppels. This Lease shall be automatically subordinate to any mortgages, deeds of trust, or any other hypothecation or security interest now or hereafter placed upon the real property of which the Premises is a part. Notwithstanding the above and without limiting the automatic subordination of the Lease, Tenant shall nevertheless, upon written request by Landlord, execute and deliver whatever instruments may be required to evidence such subordination. Within ten days after receipt of notice, Tenant shall execute, acknowledge and deliver to Landlord, in the form required by Landlord, an estoppel certificate stating that this Lease is in full force and effect, the date to which Rent has been paid, that Landlord is not in default hereunder (or specifying in detail the nature of Landlord’s default), the termination date of this Lease, and such other matters pertaining to this Lease as requested by Landlord. Tenant hereby irrevocably appoints Landlord as its attorney in fact to execute on its behalf and in its name any such estoppel certificate if Tenant fails to execute and deliver same within ten days after Landlord's written request therefor. 17. Past-Due Amounts. Any monetary obligations of Tenant to Landlord under the terms of this Lease that are not specifically defined shall be included under the definition of “Additional Rent”, which is further included in “Rent”. In the event any rental or other payment required to be made hereunder by Tenant is not made when due, then Tenant shall pay Landlord, as Additional Rent, a late charge in an amount equal to the greater of: (i) 5% of the amount due; or (ii) $150.00. If the rental or other payment together with the late charge is not made within three days of the due date, then thereafter all such rental and late charges shall bear interest at the maximum rate permitted by law until paid. Payment of interest shall not cure Tenant’s default, nor limit Landlord’s right to pursue any other remedies under this Lease. 18. Notices. Any notice required or permitted to be given hereunder shall be in writing and given by any of the following means of delivery: personal delivery, electronic mail, USPS certified mail/return receipt requested (postage prepaid), or by overnight delivery, to the corresponding address stated on the signature page hereof. 19. Miscellaneous. This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified or amended in writing only, signed by the parties in interest at the time of the modification. The invalidity or unenforceability of any provision of this Lease shall in no way affect the validity or enforceability of any other provision hereof. No waiver of any provision of this Lease shall be implied by any failure of either party to enforce any remedy for the violation of that provision, even if that violation continues or is repeated. Any waiver by any party of any provision of this Lease must be in writing. Such written waiver shall affect only the provision specified and only for the time and in the manner stated in the writing. This Lease shall bind the parties and their respective personal representatives, successors and assigns. This Lease shall be governed by the laws of the State wherein the Premises are located. Landlord Document ID: ipre-eastfairway-D1aTwMQGIvWl9h9a9dIL - Page 6 1147 #491413v2 and Tenant agree that, in any controversy, dispute, or contest over the meaning, interpretation, validity, or enforceability of this Lease or any of its terms or conditions, there shall be no inference, presumption, or conclusion drawn whatsoever against either party by virtue of that party having drafted this Lease or any portion thereof. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS LEASE OR THE TRANSACTIONS CONTEMPLATED HEREBY. The parties agree that any litigation concerning this Lease may be brought before the courts of Florida and that Palm Beach County, Florida shall be the proper venue for any such action. If either party named herein brings an action in a court of competent jurisdiction to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorneys’ fees and court costs to be paid by the losing party as fixed by the court. The individuals executing this Lease on behalf of Landlord and Tenant represent and warrant to each other that they are fully authorized and legally capable of entering into and executing this Lease. This Lease may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one and the same agreement. The signature of a party transmitted electronically (e.g., e-signature), by facsimile, or PDF shall constitute and have the same force and effect as the original signature of the party. Time is of the essence for each and every provision herein. 20. Brokers. Each Party agrees to indemnify and hold the other hereunder harmless from and against any claim for any commissions by any third party claiming through the indemnifying party, including, without limitation, any and all claims, causes of action, damages, costs and expenses (including attorneys’ fees), associated therewith. 21. Landlord Lien. Tenant hereby grants to Landlord a lien and security interest on all property of Tenant now or hereafter placed in or upon the Premises, and such property shall be and remain subject to such Landlord’s lien and security interest of Landlord for payment of all Rent and other sums agreed to be paid by Tenant herein. 22. Force Majeure. A “Force Majeure Event” is defined as a delay caused by an act of God, a labor strike by a recognized labor union, an inability to obtain building materials due to industry-wide shortages, or a nationally declared emergency, but shall not include a delay that could have been prevented or anticipated, in all likelihood, by the prudent actions of Landlord or Tenant. In the case of Force Majeure, the time for performance by such Party shall be extended by the period of delay resulting from or due to Force Majeure. As a precondition to claiming Force Majeure, the claiming Party must notify the other Party within ten (10) business days after the Force Majeure matter arises or occurs and use commercially reasonable efforts to mitigate the delay. Notwithstanding the foregoing, a Force Majeure Event shall not apply to or excuse the timely performance of any monetary obligation of Tenant under this Lease. 23. Radon. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon which exceed federal, and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county or public health unit. 24. Environmental Matters. Tenant shall not cause or permit any hazardous substances to be brought upon, stored, used, generated, released, or disposed of in, on or about the Premises or any portion of the Industrial Center by Tenant or any of its agents, employees, contractors, invitees or subtenants. Tenant shall indemnify, defend and hold Landlord harmless from and against all claims, costs, damages, expenses (including attorneys' fees and costs), fines, or liabilities arising out of or relating to any breach of the obligations under this Section 26 or any environmental condition caused or permitted by Tenant during the Term. This indemnity shall survive the expiration or earlier termination of this Lease. Document ID: ipre-eastfairway-D1aTwMQGIvWl9h9a9dIL - Page 7 1148 #491413v2 25. Access to Surveillance Equipment. Landlord shall install and maintain, at its sole cost and expense, a video surveillance system covering all exterior entrances and any common areas or loading areas under Tenant’s control. Tenant shall ensure that such system is operational at all times during the Term. Landlord shall have the right to access and monitor such surveillance system, including live feeds and stored footage, for purposes of monitoring security, investigating incidents, or ensuring compliance with the Lease. Tenant shall cooperate with Landlord in providing access credentials, log-in information, or copies of footage upon request. All surveillance equipment and footage shall comply with applicable laws and shall not be used by Landlord for any purpose other than as expressly set forth herein. 26. Relocation. Landlord may, upon sixty (60) days’ notice to Tenant, at any time during the Term, elect to relocate Tenant to other premises within the Industrial Center (the “New Premises”). If Landlord shall elect to relocate Tenant to the New Premises, Landlord shall, at Landlord sole cost and expense, provide personnel to perform the moving of Tenant’s personal property, equipment and trade fixtures from the Premises to the New Premises. Tenant shall vacate and surrender the Premises to Landlord and shall occupy the New Premises and open for business therein within five (5) days after Landlord has relocated Tenant to the New Premises. If the New Premises are smaller or larger than the Premises described in this Lease, Rent and Operating Expenses shall be payable by Tenant at the same rate per square foot as payable by Tenant with respect to the Premises. From and after the relocation by Tenant to the New Premises, the New Premises shall be deemed to be the Premises for the purpose of this Lease. Landlord shall not be liable or responsible in any way for damages or injuries suffered by Tenant pursuant to such relocation in accordance with this provision including, but not limited to, loss of goodwill, business, or profits. Should Tenant refuse to relocate to the New Premises, then Landlord shall, upon thirty (30) days written notice to Tenant, have the right to terminate the Lease and, in such case, this Lease shall be of no further force and effect except for then accrued liabilities under the Lease as of said termination date including, but not limited to, rights of indemnification for acts or omissions occurring prior to said termination date. 27. Guaranty. As a condition precedent to the effectiveness of this Lease, [__________] (“Guarantor”) shall deliver to Landlord a Guaranty of Lease in the form attached hereto as Exhibit A, which is incorporated into this Lease by reference. [signatures on next page] Document ID: ipre-eastfairway-D1aTwMQGIvWl9h9a9dIL - Page 8 Judith Rust 1149 #491413v2 The parties hereto have executed this Lease on the dates specified below their respective signatures. LANDLORD: Propco 1140 W Industrial Boynton FL LP, a Florida limited partnership By: Name: David Kaufman Title: Partner Landlord Notice Address: Parkave Capital Group, LLC 333 W 41st Street, 6th Floor Miami, FL 33140 Attn: _David Kaufman_____________ Telephone Number: _323-252-2279_______ Email: _ david@parkavecap.com ______ TENANT: Hope Pool and Spa LLC, a Florida limited liability company By: Name: Title: Tenant Notice Address: ______________________ ______________________ Attn: __________________ Telephone Number: ____________ Email: ________________ Document ID: ipre-eastfairway-D1aTwMQGIvWl9h9a9dIL - Page 9 ID:WUfEHucAecBuf2W6RoqQ Judith Rust Registered Agent and Authorized Person 23 COUNTRY LAKE CIRCLE BOYNTON BEACH, FL 33436 (561) 523-1769 info@hopepoolandspa.com 1150 #491413v2 EXHIBIT A GUARANTY KNOW ALL MEN BY THESE PRESENTS, that [__________] (“Guarantor”), in consideration of the execution and delivery of, and to induce Propco 1140 W Industrial Boynton FL LP, a Florida partnership (“Landlord”), to enter into that certain Lease Agreement (the “Lease”), dated _______ ____, 2025, by and between Landlord and Hope Pool and Spa, LLC, a Delaware corporation (“Tenant”), covering certain premises commonly known as 1220 W Industrial Ave., Bay 5, Boynton Beach, Florida 33426, being more particularly described in the Lease (the “Premises”), does hereby absolutely and unconditionally guarantee to Landlord, its successors and assigns, the payment of all Base Rent (as defined in the Lease), Additional Rent (as defined in the Lease) and all other amounts which may become due Landlord from Tenant under the Lease and the performance of all other obligations and liabilities of Tenant thereunder as and when due, in accordance with the terms of the Lease. This Guaranty is an absolute, primary, and continuing guaranty of payment and performance and is independent of Tenant’s obligations under the Lease. Guarantor waives any right to require Landlord to (a) join Tenant with Guarantor in any suit arising under this Guaranty, (b) proceed against or exhaust any security given to secure Tenant’s obligations under the Lease, or (c) pursue or exhaust any other remedy in Landlord’s power. Guarantor hereby waives all demands for performance, notices of performance, and notices of acceptance of this Guaranty. The liability of Guarantor under this Guaranty will not be affected by (1) the release or discharge of Tenant from, or impairment, limitation or modification of, Tenant’s obligations under the Lease in any bankruptcy, receivership, or other debtor relief proceeding, whether state or federal and whether voluntary or involuntary; or (2) the rejection or disaffirmance of the Lease in any such proceeding. Landlord and Tenant, without notice to, or consent by, Guarantor, may, at any time or times enter into such modifications, extensions, amendments or other covenants respecting the Lease as Landlord may deem appropriate, and Guarantor shall not be released thereby. Rather, the Guarantor shall continue to be fully liable for the payment and performance of all liabilities, obligations and duties of Tenant under the Lease as modified, extended or amended. Until all of Tenant’s obligations under the Lease are fully performed, Guarantor: (a) waives any right of subrogation against Tenant by reason of any payments or acts of performance by Guarantor; (b) waives any other right that Guarantor may have against Tenant by reason of any one or more payments or acts in compliance with the obligations of Guarantor under this Guaranty; and (c) upon the occurrence of any default by Tenant under the Lease, subordinates any liability or indebtedness of Tenant held by Guarantor to the obligations of Tenant to Landlord under the Lease. Guarantor hereby expressly waives demand and/or notices of any default under the Lease, acknowledging that Landlord’s notices to Tenant under the Lease shall be sufficient notice to Guarantor. Guarantor hereby expressly waives all suretyship defenses (other than the defense of payment). Guarantor hereby consents to the exclusive jurisdiction of the state courts of the state in which the Premises are located. Guarantor’s liability hereunder shall in no way be affected by any indulgence, extension or forbearance which Landlord may grant to Tenant with respect to the payment or other performance of any obligation of Tenant, or by any waiver on the part of Landlord of any breach of the Lease by Tenant, or by any assignment of the Lease or subletting of all or part of the Premises made by Tenant. Guarantor waives any requirement that Guarantor be notified of any such indulgence, extension, forbearance or waiver, and Guarantor waives notice of all such matters and of any default by Tenant under the Lease. This Guaranty shall apply to the Lease, any extension of renewal of the Lease, and any holdover term following the term of the Lease, or any such extension or renewal. Document ID: ipre-eastfairway-D1aTwMQGIvWl9h9a9dIL - Page 10 Judith Rust October 30th 1151 #491413v2 This Guaranty, its terms and provisions, shall inure to the benefit of Landlord, its successors and assigns, and shall be binding on the Guarantor its successors and assigns. Guarantor agrees to pay any and all costs of collection incurred by Landlord in enforcing the terms and provisions of this Guaranty, including, but not limited to, reasonable attorneys’ fees, if an attorney is employed to enforce this Guaranty. This Guaranty shall be governed by Florida law. IN WITNESS THEREOF, the undersigned caused this Guaranty to be executed under seal this _____ day of __________________, 2025. GUARANTOR: ___________________________ Name: SSN: Document ID: ipre-eastfairway-D1aTwMQGIvWl9h9a9dIL - Page 11 30th October ID:mdRcT8nSvpuRWgZJyWMM Judith Rust 197-52-5676 1152 Digital Signature Verification Report Proc es s and Int ent Verific ation The appF iles digital s ignature platf orm prov ides f or t wo t y pes of digital signatures each wit h t heir own t y pe of aut hent ic at ion. The purpos e of this report is t o prov ide t he part ies of t he doc ument s list ed below with t he proof of int ent and v erif icat ion inf orm ation c ollec ted at t he t im e of digital signature. The f irs t t y pe of digital s ignat ure is an in-pers on digit al signature whic h is adminis t ered in the pres enc e of pers onnel experienced wit h t he collec t ion of digital signatures . For t his st y le of s ignat ure we rec ord not only t he required v erif icat ion inf orm at ion consis ting of t he s ignat ure ID , dev ic e I P address and t im es t amp t hat the signature was collec t ed but als o t he name of t he ex perienc ed digit al s ignat ure adm inist rator who pers onally observ ed and explained the digital signature process to t he client . The s ec ond t y pe of digital s ignat ure is a send-away digital signature. I n t his ty pe of signature, t he digit al s ignat ure administ rat or prepares a s et of docum ent s t o be sent and s igned on t he c lient's own com puter or m obile dev ic e. D uring t he process of preparing t he pac k age of docum ent s , t he adm inis trator assigns a role t o t he c lient and plac es /ac t iv at es t he c orrect signature and init ial locat ions on t he doc ument f or that indiv idual. A link is t hen generat ed and em ailed t hat is unique t o that indiv idual t hat will begin t he rev iew and digital signature process. Due to the nat ure of the s end-away s ignat ures being rem otely adm inis t ered, the s igner, upon rec eiv ing and opening the link to t he doc um ent pac k age, must agree t o t he digit al signature t erm s and c ondit ions t hat indicat e that t hey hav e read and rev iewed t he doc um ents bef ore s igning and that they f urt her agree t hat t heir digit al s ignat ure will be as legally binding as a phy sic al pen and paper s ignat ure. Onc e t hey hav e agreed to t hes e term s and conditions , t he s ignat ure reques t sy s tem will guide t hem through the proc es s of rev iewing each page of t he docum ent pac k age bef ore init ialing or s igning. For t his t y pe of digital signature, t he v erif ic ation inf orm ation c ons ist ing of signature ID , dev ice I P addres s and t im es tam p is c ollect ed as t he signatures and init ials are com plet ed. Leas e ; Park ave - Hope Pool and Spa LLC; 1220 W Indus trial Boynton Beac h (1)Page 9 Te nant Signature (po si ti on 414, 117) ID: WUfEHuc A e c Bu f2W6RoqQ Name: Jud ith R us t Email Addres s: info@ho pepoo la nds pa .com Signed: 10/30/25 @ 11:01 AM IP A ddress : 6 6.229.156 .1 87 Leas e ; Park ave - Hope Pool and Spa LLC; 1220 W Indus trial Boynton Beac h (1)Page 11 Te nant Signature (po si ti on 285, 82) ID: m dRc T 8n SvpuRWg ZJyWM M Name: Jud ith R us t Email Addres s: info@ho pepoo la nds pa .com Signed: 10/30/25 @ 11:01 AM IP A ddress : 6 6.229.156 .1 87 Document ID: ipre-eastfairway-D1aTwMQGIvWl9h9a9dIL Verification Report Document ID: ipre-eastfairway-D1aTwMQGIvWl9h9a9dILPage 1 of 1 Oct 30, 2025 1153 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.L SUBJECT: Approval of Increase in Design Fees for the Commercial Property Improvement Grant Program in the Amount of $137.50 to Xpedited Health LLC located in the Heart of Boynton Shops at 137 NE 10th Avenue, Unit 102 SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial build-out costs associated with the construction, repair, and/or rehabilitation of commercial building improvement. The Commercial Property Improvement Grant Programs provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. The Program also provides funding assistance related to the design fees for architectural, electrical, civil, mechanical, and/or plumbing improvements for eligible property improvements. Applicants are eligible to receive 50% of the applicant's project budget up to a maximum amount of $10,000 for design fees. On May 13, 2025, the CRA Board approved a Commercial Property Improvement Grant to Xpedited Health LLC located in the Heart of Boynton Shops at 137 NE 10th Avenue, Unit 102 , Boynton Beach, FL 33435 (see Attachments I-II). Xpedited Health will provide prompt, compassionate, higher-level medical care to the community in the treatment of non-life- threatening illnesses and injuries. Xpedited Health will contribute to the health and well-being of the community by providing access to customer-focused and affordable care avoiding the wait times and cost of the emergency room. They will provide access to lab testing, x-ray imaging, wound care, prescriptions and more. Applicants are eligible to receive 50% reimbursement of design fees up to $10,000. The associated design fees for the improvements for Unit 101-102 totaled $7,750 (see Attachment III). Per the Program Rules & Regulations, reimbursement for design fees were provided to the grant recipient in the amount of $3,875. The original lease executed by Xpedited Health included Units 101-102. As a result of the permit approval process and final construction cost estimates, the tenant opted to adjust their lease from occupying two units to one unit in order to make it more cost effective for them. 1154 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - Design Fees •Attachment IV - Additional Design Fees •Attachment V - Additional Design Fees On November 10, 2025, the CRA Board approved a request for an increase in design fee reimbursement for their revised set of design plans for Unit 102. The associated design fees for the revisions totaled $3,950 (see Attachment IV). On December 1, 2025, Xpedited Health received permit approval for Unit 102. On February 16, 2026, the CRA received a request for additional funding for the eligible design fees that were associated with the revisions for Unit 102 (see Attachment V). The designs fees totaled $275. To date, Xpedited Health has received $5,850 in reimbursement and would be eligible for an increase in grant funding. If approved, the applicant is eligible to receive a maximum grant of $137.50 in reimbursable funding for additional design fees provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY 2025-2026 Budget Project Fund, Line Item 02-58400-444, $137.50 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the increase in design fees for the Commercial Property Improvement Grant Program in the amount of $137.50 to Xpedited Health LLC located in the Heart of Boynton Shops at 137 NE 10th Avenue, Unit 102, Boynton Beach, FL 33435. ATTACHMENTS: Description 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 Business Information Additional Information Application Commercial Property Improvement Grant Application Status Awaiting Decision Business Name Xpedited Health Contact Legal Name Jasmine Pierre Email jasmine.pierre@xpeditedhealth.com Address 5645 Coral Ridge Drive, Suite 274, Coral Springs, Florida 33076, United States Phone 646-236-7641 Website http://xpeditedhealth.com Special Requests Submitted Time Apr 12, 2025 6:52 pm Tags Boynton Beach Business Address: 137 NE 10th Avenue Suites 101 & 102 Boynton Beach, FL 33435 Provide a list of all principal owners listed on the corporate documents Jasmine Pierre 7219 NW 127th Way Parkland, FL 33076 (646) 236-7641 jasmine.pierre@xpeditedhealth.com Andy Lafontant 7219 NW 127th Way Parkland, FL 33076 (914) 584-0541 andy.lafontant@xpeditedhealth.com Business Mission Statement Our mission is to provide prompt, compassionate, higher-level medical care to the community in the treatment of non-life-threatening illnesses and injuries. We wish to contribute to the health 4/14/25, 9:26 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=568951&index=0&total=23 1/51172 and well-being of the people in the community by providing them access to customer-focused and affordable care, avoiding the wait times and cost of the ER. Are you an existing business in Boynton Beach? No Numbers of years in existence 0 Are you a new business in Boynton Beach? Yes Description of your business Urgent care center that provides expedited, compassionate, and high quality care for non-life- threatening illnesses and injuries. We fill the gap between primary care and the emergency room for conditions that need prompt attention but are not serious enough to warrant an ER visit. We will be able to provide our community access to lab testing, x-ray imaging, wound care, prescriptions, and more. Type of Business Tier II Base Rent (include CAM if applicable) $56,180 Square Footage of Current Location N/A Square Footage of New Location 2432 Number of Employees & Job Descriptions Medical director: Oversees and leads medical operations within a healthcare organization, ensuring quality patient care, compliance with regulations, and effective management of staff and resources; pay range: $220,000- $280,000 annually Physician assistant/Nurse practitioner: Work under the supervision of a physician, providing direct patient care, conducting physical exams, ordering and interpreting tests, diagnosing illnesses, developing treatment plans, and prescribing medications, all while collaborating with the healthcare team to ensure high-quality patient outcomes; pay range: $140,000-$170,000 annually Registered nurse: Assessing health needs, administering medications, educating patients and families, and collaborating with other healthcare professionals to ensure optimal patient outcomes; pay range: $50,000-$70,000 annually Medical assistant/X-ray technician: Assisting physicians, taking patient histories and vital signs, preparing patients for exams, and maintaining medical records, while also performing basic lab tests and administering medications under supervision; use advanced technology to create images of a patient's internal body parts to aid in diagnosis and treatment, positioning patients, operating equipment, and collaborating with physicians; pay range: $35,000-$50,000 annually Front desk coordinator: Manages the front desk, greeting visitors, answering phones, scheduling appointments, and performing administrative tasks, ensuring a smooth and professional office environment; pay range: $25,000-$35,000 annually Hours of Operation Mon-Fri 8a-8p Sat 10a-6p Sun Closed (tentatively) Are you applying for grant assitance under any other program offered by the BBCRA? 4/14/25, 9:26 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=568951&index=0&total=23 2/51173 Commercial Rent Reimbursement Grant Program Are you applying for grant assistance under any other governmental agencies? N/A Landlord Contact Information Lewis V. Swezy 7735 NW 126th Street Suite 305 Miami Lakes, FL 33016 (786) 399-4210 In the following sections, please upload the requested documents. If more than one file is needed in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in order for them to upload. I understand Upload resumes for each principal/owner listed on corporate documents here: File uploaded Upload a copy of the lease here: File uploaded Upload a copy of the corporate documents here: File uploaded Upload two years of corporate tax returns here: File uploaded Upload City of Boynton Beach Business Tax Reciept here: (No response submitted) Upload Palm Beach County Business Tax Reciept here: (No response submitted) Upload Credit Check Authorization Form here: File uploaded Upload Business w9 here: File uploaded Upload Grant Intake Form here: File uploaded Upload Signed "Program Rules and Regulations" here: File uploaded List of improvements seeking reimbursement for: Complete build out of commercial space which includes: floors, doors, walls, ceilings, shelving, cabinets, painting, lighting, fire alarms/sprinklers, handicap requirements in bathrooms, water fountain, signage, entryways, technology, security features, mechanical, electrical, plumbing, HVAC. Requested grant amount for design fees: $3,875 Requested grant amount for eligible property improvments: $25,000 Upload cost estimates from a licensed contractor(s) here: File uploaded 4/14/25, 9:26 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=568951&index=0&total=23 3/51174 Prices If design funding is requested, upload the cost estimate(s) from a qualified licensed design professional here: (No response submitted) Upload a copy of design and construction plans associated with the proposed improvements here: (No response submitted) Upload a copy of the building permit application here: (No response submitted) Upload the "City Acknowledgement" Forms here: (No response submitted) Upload Notarized "Anti-Human Trafficking Affidavit" here: File uploaded I understand that submission of an application is not a guarantee of grant funding or Board approval. Any "approval" notifications sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Jasmine Pierre How would you like to pay your application fee? Drop off cash payment to the BBCRA Office Application Fee Quantity - 1 | Total - $100.00 4/14/25, 9:26 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=568951&index=0&total=23 4/51175 Pictures 4/14/25, 9:26 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=568951&index=0&total=23 5/51176 1/23/24, 9:36 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528480060000 1/1  View Property Record Owners WELLS LANDING APARTMENTS LLC Property Detail Location 137 E MARTIN LUTHER KING JR BLVD Municipality BOYNTON BEACH Parcel No.08434521240000010 Subdivision MEEKS ADD TO BOYNTON IN Book 31005 Page 1515 Sale Date NOV-2019 Mailing Address 7735 NW 146TH ST STE 306 HIALEAH FL 33016 1583 Use Type 1000 - VACANT COMMERCIAL Total Square Feet 0 Sales Information Sales Date Price NOV-2019 10 DEC-2009 105455 MAY-2004 10 APR-2004 0 FEB-1983 100 Appraisals Tax Year 2023 Improvement Value $18,786 Land Value $609,989 Total Market Value $628,775 All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 Assessed Value $467,182 Exemption Amount $0 Taxable Value $467,182 Taxes Tax Year 2023 Ad Valorem $10,505 Non Ad Valorem $0 Total tax $10,505 Search by Owner, Address or Parcel 1177 A RCHITEK D ESIGN S TUDIO , LLC. | 172 C ATANIA W AY | R OYAL P ALM B EACH , F LORIDA 33411 | O: 561.798.9809 M 561.917.1128 3 . 1 8. 20 25 | 25. 05 8 _Xpe d ite dH e al th _B B _P roposa l _0 3. 1 8. 20 25. d ocx | 6: 25 P M ~ An Agreement for Professional Services ~ Construction Documents~ Date: 03.18.2025 Client: Xpedited Health C/O Jasmine Pierre, MD Project #: 25.058 Project Name / Address: Agape Health & Wellnes The Heart of Boynton, 137 NE 10th Avenue | Unit 101, 102 | Boynton Beach, FL 33435 P ROJECT S COPE Dr. Pierre, we are pleased to present this proposal to you for Tenant Improvements for your new Offices at The Heart of Boynton Beach, Units 101 and 102 of +/-2,400 sq. ft. to produce Construction Documents for permitting and construction. T HE F OLLOWING WILL BE INCLUDED IN THIS P ROPOSAL : Fine tuning of the approved Space plan in Phase 1, as needed, for final review and approval. Provide a digital copy of the Architectural floor plan, the lighting layout, power and data plan layout for client’s review and approval to finalize the Architectural and MEP permit plans. Signed and Sealed Architectural, Mechanical, Electrical and Plumbing Engineering plans, including energy calculations as required by code. Fire Protection: Fire Sprinkler and Fire Alarm drawings, if required, are to be provided by contractor and or others. Architek Design Studio will aid by providing required AutoCAD backgrounds for engineer's use. ARCHITECTURAL P HASES I NCLUDED : Surveying and Documentation Phase Schematic Design Phase Construction Document (Permit Drawing) Phase Permitting / Bidding Phase Construction Phase N OT I NCLUDED AS PART OF THE FEE : No Interior design of furnishing or finishes Specifications. Areas will be annotated with finish materials, Final Finish Specifications to be coordinated by client and Contractor. Architek Design Studio can produce finished plans if Corporate Standards are provided in a timely manner at no additional cost, if we need to select finishes, we can provide a proposal for complete interior design services. No Color or 3D renderings (additional cost at owner/client 's request) No Exterior renovation or civil engineering or landscape plans are included. P LANS : We will provide digital ly signed & sealed plans for submission to the city as required for permitting, hard copies upon request. Permitting submission of plans with the local jurisdiction is not included and will be handled by the client. We will respond to any Contractor or Building Department comments in a timely manner to keep the permit process going. T OTAL F EE: Our Fee for the Services shall be a total of $6,750.00, including basic reimbursable expenses. An Initial Payment in the amount of $2,025.00 will be billed upon acceptance of this agreement to initiate services. An 90% invoice will be sent upon permit plan issuance and final 10% will be invoiced upon permit issuance, all invoices will be due within 14 days. 1178 A RCHITEK D ESIGN S TUDIO , LLC. | 172 C ATANIA W AY | R OYAL P ALM B EACH , F LORIDA 33411 | O: 561.798.9809 M 561.917.1128 3 . 1 8. 20 25 | 25. 05 8 _Xpe d ite dH e al th _B B _P roposa l _0 3. 1 8. 20 25. d ocx | 6: 25 P M ASSUMPTIONS : Some assumptions made in the preparation of this proposal are as follows: 1. General Contractor will be experienced in construction specified, properly licensed and insured. 2. Allow approximately 2-3 weeks for drawing completion. 3. Standard Structural, Mechanical, Electrical and Plumbing Engineering for the renovation is included. 4. Changes to plans after approvals are additional services at standard hourly rates. 5. Site Plan approval / city meetings regarding the use of the space is not included, it’s assumed that the space is approved for the use without any zoning submissions or other city meetings or submissions. 6. Civil, Structural Engineering, Landscape Design or irrigation plans are not included. 7. Interior design of furnishing or finishes are not included. (Additional cost at owner/client's request) 8. Color or 3D renderings are not included. (Additional cost at owner/client's request) 9. Mechanical Energy Calculations and energy usage forms are included if needed. 10. No permit expediting is included, permit shall be submitted by others. Sincerely, Steven Vitek, Principal Mark Borg, Architect Architek Design Studio, LLC. Architek Design Studio, LLC. CLIENT’S ACCEPTANCE: The above terms and conditions are accepted. ___________________________________________________ Signed: Date: ___________________________________________________ Printed: DETAILED D ESCRIPTION OF P HASED W ORK INCLUDED : SURVEYING AND DOCUMENTATION PHASE: The Architect will measure the existing building. The crucial areas where the renovation/addition will occur, and any adjacent spaces will be measured to create record drawings prior to the start of the schematic design phase. These will include interior floor plans only, documenting existing, diffuser locations, plumbing fixture locations, electrical outlet locations and lighting in areas of work only, all areas will be documented for mechanical, plumbing, electrical or lighting. We will photograph and document the existing residence. We will measure and document to the best of our abilities. As with most renovation and remodels there are always unforeseen site issues that are not fully known until the walls and items are demolished. SCHEMATIC DESIGN PHASE: Architect will produce up to 5 schematic designs based on conversations and or online collaboration meetings with the owner/client or representative, which will include plans for all areas within the scope of work described above. Once the floor plan is approved, we will begin the lighting, power, and data layouts for review through the space process described above. The drawings will be issued in a digital format for the Owner/client's review and approval. Upon the written approval of the design by all above parties, we will begin the construction document phase. CONSTRUCTION DOCUMENT (PERMIT DRAWINGS) PHASE Upon the approval of the design by the Owner/client, Architek Design Studio and our consultants and structural engineer (if included), will prepare construction drawings within 10 business days that will allow the design to be bid for construction, and subsequently built. PERMITTING / BIDDING PHASE We will provide the Owner/client with all digitally signed and sealed documents needed to submit the plans through the Authority having Jurisdiction’s Digital permitting process. We will review and provide corrections to any comments within the scope of our work. All agency fees involved will be the responsibility of the Owner/client. CONSTRUCTION PHASE We will provide the Owner/client and General contractor digital copies of all plans and will respond to any questions or comments within the scope of our work in a timely manner, we prefer written Requests for Information in an email format to have a record copy of any question and be able to respond to all parties that may be affected by the response. All questions should be addressed to Arc hitek Design Studio representative in charge. 1179 A RCHITEK D ESIGN S TUDIO , LLC. | 172 C ATANIA W AY | R OYAL P ALM B EACH , F LORIDA 33411 | O: 561.798.9809 M 561.917.1128 3 . 1 8. 20 25 | 25. 05 8 _Xpe d ite dH e al th _B B _P roposa l _0 3. 1 8. 20 25. d ocx | 6: 25 P M O THER C ONDITIONS : The Architect shall have access to the site and building at all reasonable hours and shall be permitted to photograph the project during construction and upon completion for his records and future use. Unless otherwise provided in this agreement, the Architects and the Architects' consultants shall have no responsibility for the discovery, presence, handling, removal, or disposal of or exposure of persons to hazardous materials in any form at the project site or other toxic substances. All hazardous/toxic substances will be removed from the project site or otherwise remedied according to applicable laws and regulations by the Owner prior to commencement of this project's construction. On rare occasions, unforeseen conditions may arise during the project, which may not be discovered during the initial survey and verification phase by the Architek Design Studio’s team. However, if these conditions necessitate extensive design services beyond what is initially contemplated, the Design Team will request additional services from the Owner and receive approval in writing prior to commencement of these services. Acquisition of existing facility or site information, surveys, geotechnical reports, traffic studies, environmental analysis, private development or improvement standards, deeds, or lease restrictions, etc., are not included. Specialty Engineering such as piling designs, materials testing and analysis, acoustic studies, etc. are not included. Specialty Contractor shop drawing preparation such as structural trusses, tilt wall panels, pre-cast concrete, fire alarm, fire sprinkler, security systems, phone systems, millwork cabinetry, storage systems or glazing systems are not included. No artwork design, interior finish specifications, appliance, equipment, or furniture design is included. Excessive changes or value engineering. Permit expediting services or Permit submission to the authority having jurisdiction is not included. Permit Inspections are not included. Payments not received within 30 days will be subject to 2% per month, reservation of lien rights and may lead to pause in pro ject progress. CLIENT OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES. In furtherance of the execution of this Agreement, the Client promises to satisfy the following obligations: A. Client shall provide Architect true & accurate copies of all prototypical standard specifications for Architect to utilize in performing the Service set forth herein. B. Client understands and agrees not to delay the Architect’s performance of the Services set forth herein, including but not li mited to Client failing to timely approve, or request revisions to, any plans, drawings, or blueprints, nor will Client make unreas onable, unwarranted, or duplicitous requests to review or approve blueprints, plans, drawings, or otherwise any preparations prepared by Architect in furtherance of the performance of the Services under this Agreement. To avoid delay, Client shall submit written approval and acceptance to Architect of the Services performed within five (5) days from Architect’s date of request of such approval. C. Client warrants that the Project Site is pre-approved, if required by the city, county, or any other government agency or authority, for the use and performance of Architect’s Services. Client understands and agrees that Architect shall not be responsible to, and will not, conduct any planning or zoning submissions or other city meetings or submissions. D. Client understands and agrees that Client, landlord, or otherwise the owner of the Project Site shall provide Architect unlim ited access to the Project Site, including but not limited to any leased spaces, roofs, and electrical rooms, whether or not attached to the Project Site. The Architect shall have access to the Project Site and building at all reasonable hours and shall be permitted to photograph the Project Site during all phases, in cluding but not limited to pre- construction, during construction, and upon completion for Architect’s records and future use. TERM AND TERMINATION. A. Term. This Agreement shall become effective on the next business day following the latest dated signature herein once this Agreement is fully executed by the Parties. B. Termination of the Agreement. Either party may terminate this Agreement, with or without cause, upon written notice to the other party. Termination shall b e effective immediately upon receipt of such termination notice. C. Compensation Owed to Architect Upon Termination. In the event of termination of this Agreement, Architect shall be entitled to compensation as follows: i. All payments due and owing under this Agreement at the time of receipt of termination notice for all work performed through t he date of termination; and ii. Reimbursement for any non-cancellable services and/or commitments entered into by Architect, in connection with the Services being terminated, for which Architect has not otherwise been compensated, in accordance with the terms of this Agreement. D. Termination for Cause by Architect. In the event of termination of this Agreement by Architect for cause, which includes Client’s non-payment, such non- payment shall be treated as a material breach of this Agreement. Architect shall be entitled to compensation as prescribed ab ove, including but not limited to Interest accrued, as described above. MISCELLANEOUS. A. No Employment Relationship. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary rela tionship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever. B. Notice(s). All notices, requests, consents and other communications hereunder shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally rec ognized overnight courier (receipt requested); (c) on the date sent by e-mail if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective Parties at the addresses below or at such other address for a Party as shall be specified in a notice given in accordance with this Section (B). If to: Architek Design Studio, LLC Attn: Steve Vitek Copies to: steve@architekdesignstudio.com; mark@architekdesignstudio.com; and to 172 Catania Way Counsel for Mark Borg: ADecker@FloridaEntrepreneurLaw.com Royal Palm Beach, Florida 33411 If to: Xpedited Health Attn: Jasmine Pierre, MD jasmine.pierre@xpeditedhealth.com C. Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to suc h subject matter. D. Assignment. Neither Party may assign, transfer or delegate any or all of its rights or obligations under this Agreement without prior written approval of the other Party. This Agreement is for the sole benefit of the Parties hereto and their respective successors and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement. E. Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. F. Modification & Waiver. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto. No waiv er by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Part y so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 1180 A RCHITEK D ESIGN S TUDIO , LLC. | 172 C ATANIA W AY | R OYAL P ALM B EACH , F LORIDA 33411 | O: 561.798.9809 M 561.917.1128 3 . 1 8. 20 25 | 25. 05 8 _Xpe d ite dH e al th _B B _P roposa l _0 3. 1 8. 20 25. d ocx | 6: 25 P M G. Indemnification. Client shall indemnify, defend, and hold Architect, and its representatives shareholders, officers, directors, employees, contractors representatives, agents, servants, successors and assigns, harmless from and against any and all losses, costs, expenses, liabilities, damages, injuries, outside attorneys’ fees, court costs and other amounts arising out of or resulting from (i) Client’s breach of this Agreement ; (iii) the failure of any representation or warranty of Client contained in this Agreement to be accurate; (iv) any misrepresentation of any kind related to the Project Site and its development; and (v) any natural disasters or other unforeseen events effecting the condition of the Project Site at any time before, during, or a fter the scope of this Agreement. If Architect sustains any injury, loss, or damage as a result of such a claim, or in defense against any such claim brought by Client, the amount thereof, including costs, expenses, and reasonable attorneys’ fees, together with interest thereon as provided by law, shall be paid by Client or shall be reimbursed by Client to the Architect. The Architect shall hold harmless and indemnify the Client against injury, loss or damage arising as the direc t result of the sole negligence, malfeasance, and breach of the Architect in performing under this Agreement. The Architect’s liability under this contract is limited to the base fee herein. H. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR ELSEWHERE TO THE CONTRARY, EXCEPT FOR (A) THE PARTIES’ BREACH OF ITS OBLIGATIONS HEREUNDER, (B) ANY BREACHES OF CONFIDENTIALITY, OR (C) ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL ARCHITECT’S AGGREGATE LIABILITY TO CLIENT IN CONNECTION WITH, ARISING OUT OF, OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS OF AGREED UPON COMPENSATION FOR SERVICES PAID FOR AT THE TIME OF ANY SUCH CLAIM. CLIENT ALSO UNDERSTANDS AND AGREES THAT IT SHALL BE LIABLE TO ARCHITECT FOR NEGLIGENCE OR RECKLESSNESS OF MISAPPROPRIATION OR DISCLOSURE OF CONFIDENTIAL INFORMATION, AS PRESCRIBED IN SECTION (O) HEREIN. I. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable suc h term or provision in any other jurisdiction. Upon such determination that any term or other provision is in valid, illegal, or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to affect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. J. Choice of Law & Venue. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida. Any legal sui t, action or proceeding arising out of or related to this Agreement or the Services provided hereunder shall be instituted exclusi vely in the courts of the State of Florida located in Palm Beach County and each Party irrevocably submits to the exclusive jurisdictions of such court in any such suit , action or proceeding. Service of process, summons, notice or other document by mail to such Party' s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court. K. Dispute Resolution; Arbitration. In the event of a dispute brought by either party, the parties shall attend a legally binding arbitration to be held in Palm Beach County, Florida. Arbitration shall be held consistent with the American Institute of Architects (AIA) (https://www.aia.org/articles/6456563-understanding- different-methods-of-dispute). The parties shall agree upon an arbitrator. If the parties do not agree on an arbitrator, each party shall select an arbit rator and the two selected arbitrators shall select a third neutral arbitrator to preside over the arbitration. The parties shall split that arbitration fees equally. The prevailing party to the arbitration shall be entitled to recover reasonable attorneys’ fees. The arbitration shall be legally binding an d subject to and held in accordance with the American Arbitration Association (AAA). L. Jury Waiver & Prevailing Party Fees. Each Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby. If any action, suit, or other legal or administrative proceeding is instituted or commenced by either Party hereto against the other Party arising out of or related to this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and court costs from the non-prevailing Party, including fees & cost for pre-litigation, litigation, appellate & post-judgment collection. M. Exclusivity. During the duration of this Agreement, Client shall not solicit, employ, hire, or contract with any other architectural com pany for services similar to or the same as the Services provided by Architect under this Agreement without the prior written consent of the Architect. N. Counterpart & e-Signature(s). This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by e-mail shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. O. Non-Disclosure. During the Term of this Agreement and thereafter, Client agrees to keep in the strictest confidence, to refrain from disclosi ng or divulging to any person, firm, or corporation, and to refrain from using directly or indirectly, for his/her benefit or the benefit of others, any information which is or ought to be treated as Confidential Information. Client agrees that it will not at any time, whether during or after its engagement w ith Architect, disclose to any person or entity any Confidential Information, or permit any person or entity to examine or make copies of any documents which contain or are derived from Confidential Information, whether prepared by Client or otherwise coming into Client’s possession or control, without the prior written permission of Architect. Client may disclose Confidential Information once it becomes part of the public domain or is published to the general public by Architect. The restrictions set forth in this Section may be assigned without the knowledge or consent of Client, and they may be enforced by any assignee of, or successor to, the rights set forth in this Agreement. Any violation of this provision by Client shall be treated as a material breach of this Agreement and a violation of Florida’s Uniform Trade Secrets Act. Client understands and acknowledges that Client’s violation of non-disclosure and confidentiality provisions of this Agreement shall cause monetary damages to Architect which may not be easy to quantify and will cause Architect to lose profits. As such, should Client breach this Agreement, Architect may pursue all legal remedies along with injunctive relief, lost profits, incidental damages, consequential damages , and attorney’s fees and costs incurred in pursuing such relief against Client. Client understands and agrees that no third party shall use or rely upon this Agreement, or associated drawings, plans, blueprints, and/or specifications, without the written consent of Architect. P. Non-Disparagement. The Parties agree that they will not communicate to any person or persons any information or opinion which could be construed as a negative comment about the other or about any of Architect’s owners, officers, directors, managers, employees, contractors, agents, or representatives, or which may have the effect of placing Architect in a negative or unflattering light. A breach of this non-disparagement provision will be deemed a material breach of this Agreement entitling Architect to all remedies available at law and in equity as against Client, including, but not limited to an injunction and damages. A RCHITEK D ESIGN STUDIO , WILL NOT PERFORM A DDITIONAL S ERVICE WITHOUT A UTHORIZATION : ADDITIONAL SERVICES TO BE CONSIDERED OUTSIDE OF THE ARCHITECTURAL SERVICES. The hourly rate for any of these services is $100.00 or to be negotiated in a new contract. We would like to note the following specific items, which are not considered to fall under the scope of basic Architectural Service and proposed fees: REIMBURSABLE ARCHITECTURAL COSTS • In addition to the fees quoted above, normal, and customary reimbursable expenses will be billed to the Owner at the actual cost x 1.15 (+15%). Reimbursable expenses include, but are not limited to, all blueprinting and reproduction, photographs, express mail, messenger service, model and drawing supplies. This applies to all actual third-party reasonable and customary expenses. All in-house plotting will be billed at ($6.00) SIX dollars per 24 x 36 sheet. The owners will have an account directly with the blueprinting company so all printing needed for this job will be billed and paid by the owner directly, which will save you money and the cost of administration fees. • Any service relating to budgeting and cost estimating. While we always attempt to design within your budget, we are not contr actors or cost estimators. For definitive budget and pricing, the services of a qualified contractor, cost estimator or construction manager should be retained early in the schematic design phase. • Any revisions during the Contract Document or Administration phase in the drawings or specifications inconsistent with the ap proval of instructions previously given by the Owner, including revisions due to changes in the Owner's program, scope of work, level of construction and finish quality, or due to the Owner's budgetary concerns, will be performed only upon the Owner's written request and will be billed hourly per the att ached fee schedule. • Any sub-grade or underground conditions involving toxic waste or any chemical conditions. • Coordination and/or review of outside consultant's work not included in the Scope of Services. 1181 To:Email: Company:Phone: Address: Project Name: Project address: Fee Description: Invoice Number:2025.0048 03.17.2025 25.0038 Total this invoice:$500.00 ARCHITEK DESIGN STUDIO, LLC. | 172 CATANIA WAY | ROYAL PALM BEACH, FLORIDA 33411 | O: 561.798.9809 | M 561.917.1128 Date: Project #: XPEDITED HEALTH Jasmine Pierre, MD / Andy Lofontant Remaining Balance: WORK COMPLETED - 137 NE 10TH AVENUE 101 WORK COMPLETED - FINAL PAYMENT . . . . . . . . THANK YOU FOR YOUR BUSINESS! . . . . . . . . Previous Payments:0.00 Previous Billing:0.00 Total this invoice:$500.00 500.00Current Fee Billing: 500.00 0.00 Subtotal: Total Earned:500.00 137 NE 10TH AVENUE 101 BOYNTON BEACH, FLORIDA 33435 XPEDITED HEALTH SPACE PLANNING EXERCISEProject Description: BOYNTON BEACH, FLORIDA 33435 INVOICE FOR PROFESSIONAL SERVICES RENDERED jasmine.pierre@xpeditedhealth.com 954.242.9080 Total Fixed Fee:$500.00 Percent Complete:100% INVOICE 2025.0048_25.0038_Xpedited Health_Invoice.xlsx 1182 ATLANTA X-RAY SERVICES INC. 2441 Hopehaven Way Hoschton, GA 30548 +16784094161 Rusty@atlxrayservices.com INVOICE BILL TO Xpedited Health Urgent Care 137 N.E. 10TH ST, Suite 101- 102 Boynton Beach, FL 33435 INVOICE #2579 DATE 04/02/2025 DUE DATE 04/02/2025 TERMS Due on receipt DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT 04/02/2025 Lead Shielding Shielding Design completed for Boynton Beach location. 1 500.00 500.00 SUBTOTAL 500.00 TAX 0.00 TOTAL 500.00 BALANCE DUE $500.00 Pay invoice 1183 To:Email: Company:Phone: Address: Project Name: Project address: Fee Description: Invoice Number:2025.0210 09.24.2025 25.0144 Total this invoice:$3,950.00 ARCHITEK DESIGN STUDIO, LLC. | 172 CATANIA WAY | ROYAL PALM BEACH, FLORIDA 33411 | O: 561.798.9809 | M 561.917.1128 Date: Project #: XPEDITED HEALTH Jasmine Pierre, MD / Andy Lofontant Remaining Balance: 137 NE 10TH AVENUE 101 FINAL PLANS ISSUED . . . . . . . . THANK YOU FOR YOUR BUSINESS! . . . . . . . . Previous Payments:0.00 Previous Billing:0.00 Total this invoice:$3,950.00 3,950.00Current Fee Billing: 3,950.00 0.00 Subtotal: Total Earned:3,950.00 - 137 NE 10TH AVENUE 101 BOYNTON BEACH, FLORIDA 33435 XPEDITED HEALTH 0% Project Description: BOYNTON BEACH, FLORIDA 33435 INVOICE FOR PROFESSIONAL SERVICES RENDERED jasmine.pierre@xpeditedhealth.com 954.242.9080 Total Fixed Fee:$3,950.00 Percent Complete:100% REVISIONS TO ORIGINALLY PERMITTED INVOICE 2025.0210_25.0144_Xpedited Health_Invoice_100%.xlsx 1184 ATLANTA X-RAY SERVICES INC. 2441 Hopehaven Way Hoschton, GA 30548 +16784094161 Rusty@atlxrayservices.com INVOICE BILL TO Xpedited Health Urgent Care 137 N.E. 10TH ST, Suite 101- 102 Boynton Beach, FL 33435 INVOICE #2682 DATE 12/15/2025 DUE DATE 12/15/2025 TERMS Due on receipt DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT 12/15/2025 Lead Shielding Customer revised the size and layout of the X-Ray room. This charge is for a revised shielding design charge completed by Southeast Imaging Physics 1 275.00 275.00 SUBTOTAL 275.00 TAX 0.00 TOTAL 275.00 BALANCE DUE $275.00 Pay invoice 1185 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.M SUBJECT: Approval of the Increase in Design Fees and Waiver for the Proof of Payment Date for the Commercial Property Improvement Grant Program in the Amount of $2,806 to Forward Leaders Group, LLC d/b/a Big John's To-Go located in Heart of Boynton Shops at 137 NE 10th Avenue, Unit 105 SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial build-out costs associated with the construction, repaid, and/or rehabilitation of commercial building improvement. The Commercial Property Improvement Grant Programs provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. The Program also provides funding assistance related to the design fees for architectural, electrical, civil, mechanical, and/or plumbing improvements for eligible property improvements. Applicants are eligible to receive 50% of the applicant's project budget up to a maximum amount of $10,000. On February 13, 2024, the CRA Board approved a Commercial property Improvement Grant to Forward Leaders Group, LLC d/b/a Big John's To-Go located in Heart of Boynton Shops at 137 NE 10th Avenue, Unit 105 Boynton Beach, FL 33435 (see Attachments I-II). Big John's To-Go will be a second location of the Big John's Eatery in West Palm Beach which has quickly become the hotspot for Sunday brunch. Their dishes blend the best of American and Caribbean flavors creating a unique and exciting culinary experience. Every plate is crafted with care and inspired by family traditional and bold spices that celebrate heritage. Big John's welcoming atmosphere and dedication to quality make them a beloved part of the community. The associated design fees for the improvements for Unit 105 totaled $8,800 (see Attachment III). Per the Program Rules & Regulations, reimbursement for design fees were provided to the grant recipient in the amount of $4,400. Due to the complexity of the restaurant build-out, additional design fees were needed to obtain permitting for the hood, fire suppression and walk-in cooler. The eligible design fees totaled $5,612.00 (see Attachment IV). Per the Program Rules & Regulations, design fees paid for more than 180 days prior to Board 1186 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - Design Fees •Attachment IV - Additional Design Fees approval are not eligible for reimbursement. Payment for the design fees occurred in May 2025. Due to the delay in construction for the Heart of Boynton Shops, staff supports a request for a waiver of the proof of payment date. Applicants are eligible to receive 50% reimbursement of design fees up to $10,000. To date, Big John's To-Go has received $4,400 in reimbursement and would be eligible for an increase in grant funding. If approved, the applicant is eligible to receive a maximum grant of $2,806 in reimbursable funding for the design fees provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff or approval. FISCAL IMPACT: FY 2025-2026 Budget Project Fund, Line Item 02-58400-444, $2,806 for Design CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Increase in Design Fees and Waiver for the Payment Date Requirement for the Commercial Property Improvement Grant Program in the Amount of $2,806 to Forward Leaders Group, LLC d/b/a Big John's To-Go located in Heart of Boynton Shops at 137 NE 10th Avenue, Unit 105 ATTACHMENTS: Description 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1/23/24, 9:36 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528480060000 1/1  View Property Record Owners WELLS LANDING APARTMENTS LLC Property Detail Location 137 E MARTIN LUTHER KING JR BLVD Municipality BOYNTON BEACH Parcel No.08434521240000010 Subdivision MEEKS ADD TO BOYNTON IN Book 31005 Page 1515 Sale Date NOV-2019 Mailing Address 7735 NW 146TH ST STE 306 HIALEAH FL 33016 1583 Use Type 1000 - VACANT COMMERCIAL Total Square Feet 0 Sales Information Sales Date Price NOV-2019 10 DEC-2009 105455 MAY-2004 10 APR-2004 0 FEB-1983 100 Appraisals Tax Year 2023 Improvement Value $18,786 Land Value $609,989 Total Market Value $628,775 All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 Assessed Value $467,182 Exemption Amount $0 Taxable Value $467,182 Taxes Tax Year 2023 Ad Valorem $10,505 Non Ad Valorem $0 Total tax $10,505 Search by Owner, Address or Parcel 1207 1 Sub Total 8,800.00 Total $8,800.00 Payment Made (-) 8,800.00 Balance Due $0.00 Invoice Date :06 Jul 2022 Terms :Due on Receipt Due Date :06 Jul 2022 Executive Designs P.O. Box 223272 West Palm Beach Florida 33422 U.S.A INVOICE # 22-625 Balance Due $0.00 Bill To Mr. John LeJune 119 W. MLK Jr. Blvd Unit# 105 Boynton Beach Florida U.S.A #Item & Description Qty Rate Discount Amount 1 New Commercial Design 1. New Commercial Build-out for New Restaurant. 2. Plans to include: Floor Plan, Seating Plan, Reflected Ceiling Plan, Life-Safety Plan. Mechanical (Hvac, Power, and Plumbing Plan shall be done by Mechanical Company). 3. Hood Plans / Interior design separate from architectural plans shall be provided by Other(s). **These Plans shall be plans needed for Interior Build-Out of existing newly constructed building. Not responsible for building design and/or building specs not included in original building design. (i.e. Gas Lines in to building structure) 1.00 New Construct ion, Addition, Remodel, Asbuilts 8,000.00 2,000.00 6,000.00 2 Mechanical Plan & Energy Calcs Mechanical Plan 1.00 2,800.00 0.00 2,800.00 Notes Thank You for entrusting Executive Designs with this Project!! For Any Questions feel free to email me or call me. Email: TheExecutiveCorp@hotmail.com Phone: 561-507-8620 Thanks for your business. 1208 2 Terms & Conditions **Note:** Designer of Record (Johnathan Embry) is not responsible for any pre-existing conditions. New layouts that are not provided and approved by designer will be solely based on owner and/or Licensed contractor. Asbuilts should be updated according to plan. All expedited plans shall incur a fee pending designer. Any changes done outside of plan so incur a fee. All revisions are covered under final payment, although all changes that were done outside of plans shall incur additional fees. Payment is as follows: Upon initial meeting for measuring, project approval etc. 1/2 of payment will be required in order to begin project, unless otherwise discussed. Late Payment fees are incurred 24 hours after plans have been completed and handed over to customer. Checks are to be made to Johnathan Embry and other forms of payment such as card, may require a fee for usage. If payment does not go through, all bank charges in reference to bounced check will be the sole responsibility of the client or payee. Fees may be added depending outcome and occurrence. Typical turn around for each commercial project will be 3-4 months unless otherwise discussed. Certain situations requires expediting, in such case(s) there will be an additional Expedited fee only when discussed with client. 1209 1 Amount Received $3,000.00 PayPalPayment Mode 8U940755NU9217445Reference Number 08 Aug 2022Payment Date Executive Designs P.O. Box 223272 West Palm Beach Florida 33422 U.S.A PAYMENT RECEIPT Bill To Mr. John LeJune 119 W. MLK Jr. Blvd Unit# 105 Boynton Beach Florida U.S.A Payment for Invoice Number Invoice Date Invoice Amount Payment Amount 22-625 06 Jul 2022 $6,000.00 $3,000.00 1210 1 Amount Received $2,800.00 PayPalPayment Mode 1EE18699P5302302XReference Number 04 Apr 2023Payment Date Executive Designs P.O. Box 223272 West Palm Beach Florida 33422 U.S.A PAYMENT RECEIPT Bill To Mr. John LeJune 119 W. MLK Jr. Blvd Unit# 105 Boynton Beach Florida U.S.A Payment for Invoice Number Invoice Date Invoice Amount Payment Amount 22-625 06 Jul 2022 $8,800.00 $2,800.00 1211 1 Amount Received $3,000.00 Bank TransferPayment Mode Reference Number 21 Aug 2023Payment Date Executive Designs P.O. Box 223272 West Palm Beach Florida 33422 U.S.A PAYMENT RECEIPT Bill To Mr. John LeJune 119 W. MLK Jr. Blvd Unit# 105 Boynton Beach Florida U.S.A Payment for Invoice Number Invoice Date Invoice Amount Payment Amount 22-625 06 Jul 2022 $8,800.00 $3,000.00 1212 Invoice 58909 350.00$ 10/23/2024 Invoice 64664 350.00$ 2/21/2025 Kitchen Equip.Design Fee 4,912.00$ 3/7/2025 Total 5,612.00$ 50%2,806.00$ 1213 Invoice Date 10/23/2024 Invoice # ACH58909 Bill To FORWARD LEADERS GROUP, LLC 7750 OKEECHOBEE BLVD SUTIE # 4-544 WEST PALM BEACH, FL 33411 Ship To EAT DOPE VEGAN 137 NE 10th AVE, UNIT #105, BOYNTON BEACH, FL 33436 ATLAN TIC CO AST RESTAURAN T & M ECH AN ICAL SERVICES LLC 7700 NW 37 AVE. MIAMI FL 33147 P.O. Number Terms COD ONLY Due Date 10/23/2024 Rep MP Project EAT DOPE VEGAN Phone # 305-633-4327 Fax # 305-633-1346 www.acrestaurantservices.com Balance Due Subtotal Sales Tax (7.0%) Payments/Credits Item Code DescriptionQuantity Price Each AmountITEM NO 01.1 Plans Plans- Plan drawings and/or revisions1 350.00 350.00 The equipment, materials & supplies listed on this invoice shall remain the property of Atlantic Coast Restaurant & Mechanical Services until paid in full. Invoices are due and payable UPON RECEIPT. Returns are subject to a 20% re-stocking fee and need an RMA authorization. Accounts past due 30 days from invoice date will be charged interest equal to the maximum allowable under Florida law plus legal fees for the collection of all sums hereunder. END OF MONTH STATEMENT WILL NOT BE MAILED. PLEASE REMIT FROM THIS INVOICE. CMC1249792 Fire lic FED18-000023 $350.00 $350.00 $0.00 $0.00 1214 Invoice Date 2/21/2025 Invoice # ACH64664 Bill To FORWARD LEADERS GROUP, LLC 7750 OKEECHOBEE BLVD SUTIE # 4-544 WEST PALM BEACH, FL 33411 Ship To EAT DOPE VEGAN 137 NE 10th AVE, UNIT #105, BOYNTON BEACH, FL 33436 ATLAN TIC CO AST RESTAURAN T & M ECH AN ICAL SERVICES LLC 7700 NW 37 AVE. MIAMI FL 33147 P.O. Number Terms COD ONLY Due Date 2/21/2025 Rep MP Project EAT DOPE VEGAN Phone # 305-633-4327 Fax # 305-633-1346 www.acrestaurantservices.com Balance Due Subtotal Sales Tax (7.0%) Payments/Credits Item Code DescriptionQuantity Price Each AmountITEM NO 01.1 Plans Plans- Plan drawings and/or revisions - Change line up of equipment 1 350.00 350.00 The equipment, materials & supplies listed on this invoice shall remain the property of Atlantic Coast Restaurant & Mechanical Services until paid in full. Invoices are due and payable UPON RECEIPT. Returns are subject to a 20% re-stocking fee and need an RMA authorization. Accounts past due 30 days from invoice date will be charged interest equal to the maximum allowable under Florida law plus legal fees for the collection of all sums hereunder. END OF MONTH STATEMENT WILL NOT BE MAILED. PLEASE REMIT FROM THIS INVOICE. CMC1249792 Fire lic FED18-000023 $350.00 $350.00 $0.00 $0.00 1215 03/07/2025 Contract To:Forward Leaders Group DBA Eat Dope Vegan 119 Martin Luther King Blvd Boynton , FL 33411 john@forwardleadersgroup.com From:Atlantic Coast Restaurant and Mechanical Services, LLC Martin Novoa 7700 NW 37th Ave Miami, FL 33147 United States 305‐633‐4327 martin@atlanticcoastfire.com Sales Project:Forward Leaders Group LLC DBA Eat Dope Vegan 030625 119 Martin Luther King Blvd #105 Boynton Beach, FL 33436 john@forwardleadersgroup.com Item Qty Description Sell Total 01 1 kt MOP SINK 724.00 BK Resources BKMS‐1620‐12‐KIT Mop Sink Kit, floor mount, 24‐1/2"W x 19‐3/8"D x 17"H overall size, 20" wide x 16" front‐to‐back x 12" deep bowl, (1) 3‐1/2" heavy duty brass basket drain (BKDR‐HD4), (1) 48" service faucet hose (BK‐SFH‐48), (3) skirted sides, (1) service faucet with vacuum breaker (BKSF‐WB1), (1) 5‐slot utility tool holder with (6) plastic hooks (BK‐UTH‐5), 18/304 stainless steel 02 SERVICE FAUCET FAUCET INCLUDED WITH ITEM #1 03 WALK‐IN Walk‐in Separate Contract 04 4 kt SHELVING UNIT, WIRE 1,020.00 Quantum WR74‐1842GY Wire Shelving Starter Kit, 42"W x 18"D x 74"H, 600 ‐ 800 lb. capacity, includes (4) wire shelves & (4) posts, gray epoxy antimicrobial finish, NSF, shipped KD 05 2 ea HAND SINK 528.00 BK Resources BKHS‐W‐1410‐SS‐P‐G Hand Sink, wall mount, 14" wide x 10" front‐to‐back x 5" deep bowl, 4" O.C splash mount faucet (BKF‐W‐3G‐G, lead free), marine edge, side splashes on left & right, includes basket drain & wall mounting hardware, 304 stainless steel construction, NSF Sell 724.00 255.00 264.00 Forward Leaders Group LLC DBA Eat Dope Vegan 030625 Forward Leaders Group DBA Eat Dope Vegan Ini al: ______ Page 1 of 91216 Item Qty Description Sell TotalSell 06 1 ea SHELVING, WALL MOUNTED 180.00 BK Resources BKWS‐1260 Premium Shelf, wall‐mounted, 60"W x 12"D, 18/304 stainless steel, 1‐ 1/2"H rear up‐turn, (2) 8" angle supports, NSF 07 1 ea WORK TABLE, WITH PREP SINK(S)1,157.00 BK Resources BKPT‐3060R‐P‐G Work Table with Prep Sink, sink on right, 60"W x 30"D x 41‐3/4"H overall size, 18/304 stainless steel top with marine edge, 6" backsplash, (1) 16" wide x 20" front‐to‐back x 10" deep sink bowl, Faucet , adjustable stainless steel undershelf with cast aluminum corners, stainless steel legs with stainless steel bullet feet, NSF 08 1 ea SHELVING, WALL MOUNTED 151.00 BK Resources BKWS‐1248 Premium Shelf, wall‐mounted, 48"W x 12"D, 18/304 stainless steel, 1‐ 1/2"H rear up‐turn, (2) 8" angle supports, NSF 09 1 ea UNDERCOUNTER REFRIGERATOR 2,205.00 Maxximum MVR48UHC Maxx Cold V‐Series Undercounter Refrigerator, 48"W, 14.1 cu ft, (2) solid doors, adjustable heavy‐duty wire shelves (1 per section/door), stainless steel exterior and powder coated aluminum interior construction, R290a, cETLus, ETL‐Sanitation(MVR48UHC) 1 ea 115v/60/1‐ph, NEMA 5‐15P, standard 10 DISHWASHER Dishwasher By Vendor 11 2 ea GAS FLOOR FRYER 2,270.00 Therma‐Tek TEK40‐N Fryer, Natural gas, free‐standing, 40 lb. oil capacity, stainless steel fry pot, 200° to 400°F temperature range, Invensys® thermostat, auto reset high limit, 1‐1/4" ball type drain, flue deflector, pressure regulator, includes: (2) nickel chrome wire mesh baskets, stainless steel front & sides, 6" adjustable legs, 105,000 BTU, cETLus, ETL‐ Sanitation 11 2 kt GAS CONNECTOR HOSE KIT / ASSEMBLY 484.00 BK Resources BKG‐GHC‐7548‐SCK9 Gas Hose Connection Kit # 9, includes 48" long x 3/4" I.D. stainless steel hose with radial wrap & protective translucent coating, (1) shut off valve, (1) quick disconnect, (1) restraining cable & hardware, (2) 90° female elbows, (2) male threaded nipples, cCSAus (packaged in point‐ of‐purchase box) 180.00 1,157.00 151.00 2,205.00 1,135.00 242.00 Atlan c Coast Restaurant and Mechanical 03/07/2025 Forward Leaders Group LLC DBA Eat Dope Vegan 030625 Forward Leaders Group DBA Eat Dope Vegan Ini al: ______ Page 2 of 91217 Item Qty Description Sell TotalSell 12 1 ea CHARBROILER, GAS, COUNTERTOP 1,189.00 Therma‐Tek TC12‐12RB Charbroiler, gas, countertop, 12", cast iron grates, (2) cast iron radiants with multiple heat sinks, manual controls, 4" plate rail, drip pan, grease trough, pressure regulator, stainless steel exterior on iron frame, 4" adjustable legs, 30,000 BTU, cULus, UL‐Sanitation 1 ea Natural gas, add suffix "N" 12 1 kt GAS CONNECTOR HOSE KIT / ASSEMBLY 242.00 BK Resources BKG‐GHC‐7548‐SCK9 Gas Hose Connection Kit # 9, includes 48" long x 3/4" I.D. stainless steel hose with radial wrap & protective translucent coating, (1) shut off valve, (1) quick disconnect, (1) restraining cable & hardware, (2) 90° female elbows, (2) male threaded nipples, cCSAus (packaged in point‐ of‐purchase box) 13 1 ea HOTPLATE, COUNTERTOP, GAS 1,363.00 Therma‐Tek TCHP36‐6 Hotplate, gas, countertop, 36" (6) 30,000 BTU lift off cast iron open burners, cast iron top grates, manual control, removable crumb tray, pressure regulator, spill‐proof pilot ignition system, stainless steel exterior on iron frame, 4" adjustable legs, 180,000 BTU, cULus, UL‐ Sanitation 1 ea Natural gas, add suffix "N" 13 1 kt GAS CONNECTOR HOSE KIT / ASSEMBLY 242.00 BK Resources BKG‐GHC‐7548‐SCK9 Gas Hose Connection Kit # 9, includes 48" long x 3/4" I.D. stainless steel hose with radial wrap & protective translucent coating, (1) shut off valve, (1) quick disconnect, (1) restraining cable & hardware, (2) 90° female elbows, (2) male threaded nipples, cCSAus (packaged in point‐ of‐purchase box) 14 1 ea GRIDDLE, GAS, COUNTERTOP 2,626.00 Therma‐Tek TC36‐36TG‐1 Heavy Duty Griddle, gas, countertop, 36" W x 21‐1/2" D cooking surface, 1" thick highly polished steel plate, thermostatic controls, 4" plate rail, 3‐1/8" grease trough, grease container with lid, pressure regulator, stainless steel exterior on iron frame, 4" adjustable legs, 90,000 BTU, cULus, UL EPH Classified 1 ea Natural gas, add suffix "N" 14 1 kt GAS CONNECTOR HOSE KIT / ASSEMBLY 242.00 BK Resources BKG‐GHC‐7548‐SCK9 Gas Hose Connection Kit # 9, includes 48" long x 3/4" I.D. stainless steel hose with radial wrap & protective translucent coating, (1) shut off valve, (1) quick disconnect, (1) restraining cable & hardware, (2) 90° female elbows, (2) male threaded nipples, cCSAus (packaged in point‐ of‐purchase box) 1,189.00 242.00 1,363.00 242.00 2,626.00 242.00 Atlan c Coast Restaurant and Mechanical 03/07/2025 Forward Leaders Group LLC DBA Eat Dope Vegan 030625 Forward Leaders Group DBA Eat Dope Vegan Ini al: ______ Page 3 of 91218 Item Qty Description Sell TotalSell 14.1 1 ea EQUIPMENT STAND, REFRIGERATED BASE 3,898.00 Asber ACBR‐84 (19086808) Chef Base Refrigerated Equipment Stand, 84" W, side‐ mounted self‐contained refrigeration, electronic control, temperature range 32° F to 41°F, (4) drawers, (3) 12" x 20" pan capacity right drawers/(2) 12" x 20" pan capacity left drawers, (pans sold separately), marine edge top, stainless steel construction, 5" casters (2 with brakes), R‐290 hydrocarbon refrigerant, 1/4 HP, cETLus, ETL Sanitation 1 ea 115v/60/1‐ph,3.5 amps, NEMA 5‐15P, standard 15 1 ea ICE MAKER WITH BIN, CUBE‐STYLE 2,772.00 Maxximum MIM260NH Maxx Ice Digital Undercounter Ice Maker With Bin, cube‐style (half dice), air‐cooled, self‐contained condenser, approximately 265 lb. production/24 hours, 75 lb. built‐in storage capacity, digital display & controls, automatic cleaning, overflow prevention, internal LED light, polyethylene storage bin liner, stainless steel exterior with black trim, 6" adjustable legs, R404a refrigerant, NSF, cULus Classified 1 ea 115v/60/1‐ph, 9.8 amps, NEMA 5‐15P, standard 1 ea TLC‐107096 Maxx Ice Water Filter Manifold with Pressure Gauge, single head, 2.1 GPM, 0.5 micron, 6 months or 27,000 gallon filter life, 35° to 100°F temperature range, relief valve, built‐in scale inhibitor, NSF. Maxx Ice Water Filter, TLC‐3200S, Sold seperately 120.00 15 1 ea FREIGHT 195.00 Maxximum FREIGHT Freight Charges 16 1 ea HOT FOOD SERVING COUNTER / TABLE 1,694.00 Klinger's Trading SW3H120 Sealed Well Electric Table, stationary, 3‐pan, 47‐1/2"W x 30‐5/8"D, (3) 12" x 20" hot wells, individual thermostatic controls, 18 gauge stainless steel undershelf, fiber glass insulated, manifold drain assembly, 1920 watts, cord with NEMA 5‐20P, 120v/60/1‐ph, 16.0 amps, ETL 17 1 ea SHELVING, WALL MOUNTED 134.00 Channel Manufacturing TWS1236 Shelving, Wall Shelving, Tubular ‐ All‐Welded, 36"W x 12"D, Aluminum Construction, Made in USA, NSF, 11lbs. (ITEM WEIGHT ONLY) 18 2 ea OVERSHELF 438.00 BK Resources BKWS‐1236‐PR Premium Overshelf, wall mount with pot rack, 36"W x 12"D, 18/304 stainless steel, 1‐1/2"H rear up‐turn, (2) 8" angle supports, (3) stainless steel double prong hooks (BKSSDPH), NSF 3,898.00 2,772.00 120.00 195.00 1,694.00 134.00 219.00 Atlan c Coast Restaurant and Mechanical 03/07/2025 Forward Leaders Group LLC DBA Eat Dope Vegan 030625 Forward Leaders Group DBA Eat Dope Vegan Ini al: ______ Page 4 of 91219 Item Qty Description Sell TotalSell 19 3 ea DRAIN, LEVER / TWIST WASTE 204.00 BK Resources BK‐LWR‐1 Twist Lever Drain, fits 3‐1/2" opening, 2" male & 1‐1/2" female NPT drain outlet, brass construction with stainless steel strainer 20 1 ea PRE‐RINSE FAUCET ASSEMBLY, WITH ADD ON FAUCET 408.00 BK Resources BKF‐SMPR‐WB‐AF12‐G OptiFlow™ Pre‐Rinse Assembly, with 12" add‐on faucet, splash‐ mounted, 8" OC, triple ply hose, 1/4 turn ceramic cartridges, integral check valves, color coded hot & cold indicators, 1/2" female inlets, 12" wall bracket, lead free, NSF, cCSAus 21 1 ea THREE (3) COMPARTMENT SINK 1,523.00 BK Resources BKS‐3‐18‐14‐18TS Sink, three compartment, 90"W x 23‐13/16"D x 43‐3/4"H overall size, 18” wide x 18” front‐to‐back x 14" deep compartments, (2) left & right 18" drainboards, 9"H backsplash, 8" OC splash mount faucet holes, 1‐ 1/2" rolled edges on front & sides, includes basket drains (BKDR‐4), 18/304 stainless steel construction, stainless steel legs & side bracing, adjustable stainless steel over plastic bullet feet, NSF 22 1 ea SHELVING, WALL MOUNTED 180.00 Channel Manufacturing TWS1248 Shelving, Wall Shelving, Tubular ‐ All‐Welded, 48"W x 12"D, Aluminum Construction, Made in USA, NSF, 13lbs. (ITEM WEIGHT ONLY) 23 1 kt SHELVING UNIT, WIRE 255.00 Quantum WR74‐1842GY Wire Shelving Starter Kit, 42"W x 18"D x 74"H, 600 ‐ 800 lb. capacity, includes (4) wire shelves & (4) posts, gray epoxy antimicrobial finish, NSF, shipped KD 24 HOOD Hood Under Separate Contract 25 2 ea WAFFLE MAKER / BAKER 2,092.00 Waring WW250X2 Commercial Belgian Waffle Maker, double side‐by‐side, 7" dia., round, up to (60) 1" thick waffles per hour per plate, independent controls, non‐stick plates with roll‐over feature, power & ready‐to‐bake LED indicators, heavy duty die cast housing, 120v/60/1‐ph, 2.4kW, 20.0 amps, cord, NEMA 5‐20P, ETLus, NSF 26 SPARE NO.Spare 27 2 kt SHELVING UNIT, WIRE 554.00 Quantum WR74‐1848GY Wire Shelving Starter Kit, 48"W x 18"D x 74"H, 600 ‐ 800 lb. capacity, includes (4) wire shelves & (4) posts, gray epoxy antimicrobial finish, NSF, shipped KD 28 POS POS By Owner 68.00 408.00 1,523.00 180.00 255.00 1,046.00 277.00 Atlan c Coast Restaurant and Mechanical 03/07/2025 Forward Leaders Group LLC DBA Eat Dope Vegan 030625 Forward Leaders Group DBA Eat Dope Vegan Ini al: ______ Page 5 of 91220 Item Qty Description Sell TotalSell 28.1 POS STAND POS Stand By Owner 29 3 ea HEAT LAMP 390.00 Baselite Corporation FW11 The Gastro Pub Heat Lamp Pendant, ceiling mount, 6‐1/2" W x 6‐1/2" D x 9‐1/2" or 7‐1/2" H, dome shade, 120V, NSF, cULus, MADE IN USA 3 ea 250 watt heat lamp 3 ea 250WCC Heat Lamp Bulb, clear, Safety Coated, 250 watts 81.00 3 ea 41 Black Aluminium Finish 3 ea Cord mounting 3 ea PTB Retractable Telephone Cord, with pulley, black, 2' retracted to 5' extended 486.00 3 ea 41 Black Aluminium Finish 3 ea TSF Fixture Mounted Switch 78.00 31 1 ea REACH‐IN FREEZER 2,811.00 Maxximum MVF‐49FDHC Maxx Cold V‐Series Freezer, reach‐in, two‐section, 54"W, 42 cu. ft. storage capacity, temperature range ‐10°F to 10°F (‐23°C to ‐12°C), (2) solid hinged doors, (6) shelves, aluminum interior, stainless steel exterior, casters, bottom mount self contained refrigeration, R600A, 2.2 amps, 610 watts, 115v/60/1‐ph, ETL, cETL 33 1 ea SANDWICH / SALAD PREPARATION REFRIGERATOR 2,095.00 Maxximum MVR48SHC Maxx Cold V‐Series Refrigerated Sandwich and Salad Prep Station, 48"W, 13.2 cu ft, (2) solid doors, (12) 4" deep 1/6 GN pans included, 11.42” deep polyethylene cutting board, adjustable heavy‐duty wire shelves (1 per section/door), stainless steel exterior and powder coated aluminum interior construction, R290a, cETLus, ETL‐Sanitation (MVR48SHC) 1 ea 115v/60/1‐ph, NEMA 5‐15P, standard 43 1 ea REACH‐IN REFRIGERATOR 1,923.00 Maxximum MVR‐23GDHC Maxx Cold V‐Series Refrigerator, reach‐in, one‐section, 27"W, 19 cu. ft. storage capacity, temperature range 34°F to 40°F (1°C to 4°C), (1) glass hinged door, (3) shelves, aluminum interior, stainless steel exterior, casters, bottom mount self contained refrigeration, R290, 2.2 amps, 180 watts, 115v/60/1‐ph, ETL, cETL 44 SODA Soda Dispenser By Vendor 45 COUNTER Back Counter By Owner 130.00 27.00 162.00 26.00 2,811.00 2,095.00 1,923.00 Atlan c Coast Restaurant and Mechanical 03/07/2025 Forward Leaders Group LLC DBA Eat Dope Vegan 030625 Forward Leaders Group DBA Eat Dope Vegan Ini al: ______ Page 6 of 91221 Item Qty Description Sell TotalSell 46 1 ea UNDERCOUNTER REFRIGERATOR 2,205.00 Maxximum MVR48UHC Maxx Cold V‐Series Undercounter Refrigerator, 48"W, 14.1 cu ft, (2) solid doors, adjustable heavy‐duty wire shelves (1 per section/door), stainless steel exterior and powder coated aluminum interior construction, R290a, cETLus, ETL‐Sanitation(MVR48UHC) 1 ea 115v/60/1‐ph, NEMA 5‐15P, standard 47 COUNTER Front Counter By Owner 48 1 ea CONVECTION OVEN, GAS 6,136.00 Royal Range of California RCOS‐1 Convection Oven, gas, single‐deck, standard depth, thermostatic controls, temp range 150°F ‐ 500°F, electronic ignition, 2‐speed fan, (2) burners, (2) interior lights, (5) chrome plated racks with (11) positions, pressure regulator included, porcelain interior, dual stainless steel doors with glass viewing window on right, stainless steel front, sides & top, legs, 1/2 HP, 70,000 BTU, cCSAus, CSA‐Sanitation, Made in USA, ENERGY STAR​® 1 ea Natural gas (Must specify elevation if over 2000 ft) 1 ea 120v/50‐60/1‐ph, 8.0 amps, 6' cord, three prong plug, standard 1 ea Glass view window on right door, standard 1 ea Solid stainless steel door on left, standard 48 1 kt GAS CONNECTOR HOSE KIT / ASSEMBLY 242.00 BK Resources BKG‐GHC‐7548‐SCK9 Gas Hose Connection Kit # 9, includes 48" long x 3/4" I.D. stainless steel hose with radial wrap & protective translucent coating, (1) shut off valve, (1) quick disconnect, (1) restraining cable & hardware, (2) 90° female elbows, (2) male threaded nipples, cCSAus (packaged in point‐ of‐purchase box) 49 1 ea MEGA TOP SANDWICH / SALAD PREPARATION REFRIGERATOR 1,733.00 Atosa USA, Inc. MSF8305GR Atosa Sandwich/Salad Mega Top Refrigerator, one‐section, 27‐1/2"W x 34"D x 46‐5/8"H, includes (12) 1/6 poly pans, rear‐mounted, self‐ contained refrigeration, 7.2 cu. ft., (1) solid hinged self‐closing door, digital temperature control, 33° to 40°F temperature range, (1) adjustable shelf, 9‐1/4" poly cutting board, ventilated refrigeration, automatic evaporation, air defrost, stainless steel interior & exterior, galvanized steel back, 3" casters, R290 Hydrocarbon refrigerant, 1/7 HP, 115v/60/1‐ph, 2.3 amps, cord, NEMA 5‐15P, cETLus, ETL‐Sanitation 1 ea 1/6 size, 6" deep poly pans and dividers included 50 1 ea UNDERBAR SINK UNITS 505.00 BK Resources UB4‐18‐1014HS‐P‐G Underbar Dump Sink, 14‐1/2"W x 18‐1/4"D x 32‐1/2"H overall size, 10" wide x 14" front‐to‐back x 6" deep bowl, 4" OC splash mount lead‐free faucet (BKF‐W2‐6‐G), 18/304 stainless steel top, stainless steel legs & bracing, adjustable high impact corrosion resistant feet, NSF 2,205.00 6,136.00 242.00 1,733.00 505.00 Atlan c Coast Restaurant and Mechanical 03/07/2025 Forward Leaders Group LLC DBA Eat Dope Vegan 030625 Forward Leaders Group DBA Eat Dope Vegan Ini al: ______ Page 7 of 91222 Item Qty Description Sell TotalSell Merchandise $53,998.00 Freight $1,950.00 Installation $5,800.00 Tax 7%3,766.21 Total $65,514.21 51 1 ea ICE BIN 812.00 BK Resources UB4‐18‐IB30 Underbar Ice Bin, 30"W x 18"D, 80 lbs capacity, 12‐9/16" deep bin, 4"H backsplash, 1" NPS drain with plug (BKDR‐325CP), includes sliding bin cover (BKIB‐L‐3018), 18/304 stainless steel construction, stainless steel legs & adjustable side bracing, adjustable corrosion resistant feet, NSF 52 1 ea BLENDER, BAR 499.00 Waring MX1000XTX Xtreme High‐Power Blender, heavy duty, The Raptor™ 64 oz. BPA Free Copolyester container, high, low, off & pulse paddle switches, one piece removable jar pad, 120v, 3.5 HP, NSF, cUL & UL, Made in USA 57 1 ea DESIGN SERVICES 4,912.00 Atlantic Coast Restaurant and Mechanical Services, LLC DESIGN Design Services, Space allocation, Schematic design, preliminary plans, Pre‐budget analysis, plan modification, mechanical loads, specification book, construction documents, etc. Design contract price only valid if Atlantic Coast supply restaurant equipment, Hood & Walk‐in cooler ( Walk‐in Cooler optional). Design price without package promotion $16,375.00 ***Freight Charges are an "estimate only" for budgeting purposes. Actual freight charges if higher will be billed at the time shipping takes place.*** Unless Noted Otherwise Installation is Defined as Uncrate, Set‐In Place and Remove Trash All Deposits received by Atlantic Coast Restaurant & Mechanical Services LLC hereafter referenced as ATLANTIC COAST are non‐refundable unless otherwise specified. If at anytime cancellation is made a minimum of 20% restock charge is applicable. All Special and Custom Orders are non‐refundable. In accordance with 30 Day terms, a Charge of 1‐1/2% per month will be charged on all past due balances unless otherwise specified. ATLANTIC COAST will retain complete ownership and rights to possession over all items and materials until the job is paid in full. Title shall not pass to buyer with delivery and installation of said goods, but shall remain with the seller until paid in full. Buyer grants the seller the right to remove said goods in the event of non‐payment. Buyer agrees to pay all attorney fees, costs of removal and/or repair, in the event of non‐payment. A signature on the customer acceptance line constitutes placement of the order and agreement of the above said terms and conditions. 812.00 499.00 4,912.00 Atlan c Coast Restaurant and Mechanical 03/07/2025 Forward Leaders Group LLC DBA Eat Dope Vegan 030625 Forward Leaders Group DBA Eat Dope Vegan Ini al: ______ Page 8 of 91223 Acceptance:Date: Printed Name: *** ALL PLUMBING, ELECTRICAL, MECHANICAL and INTER‐CONNECTION HOOKUPS BY OTHERS UNLESS SPECIFIED and NOTED HEREIN*** TERMS: 50% DEPOSIT, FINAL PAYMENT DUE PRIOR TO DELIVERY or 90 DAYS AFTER INITIAL DEPOSIT WHICH EVER COMES FIRST. THIS QUOTE IS VALID FOR 10 DAYS. CONTRACTS BECOME VALID AT FUNDING NOT SIGNING. MANUFACTURER PRICE INCREASES WILL BE ADDRESSED AS NEEDED ATTENTION: Material Surcharges are a result of additional fees imposed on containers by shipping companies. Due to the developing situations world-wide, material shortages and supply chain disruptions, Atlantic Coast may declare Force Majeure. This may result in prices increases from the original Contract or Quote currently in our system; additional carrier and/ or material surcharges; delivery delays; or, cancellation of your orders. We do appreciate your understanding of these situations which are out of our control. Your signature converts this proposal to a contract between the parties, confirms that you agree with the Contract terms and Conditions as stated herewith, and directs us to proceed with the projects at the sites listed above in accordance with the terms outlined in this proposal Atlan c Coast Restaurant and Mechanical 03/07/2025 Forward Leaders Group LLC DBA Eat Dope Vegan 030625 Forward Leaders Group DBA Eat Dope Vegan Ini al: ______ Page 9 of 91224 1/21/26, 11:12 AMAccount Detail - Wells Fargo Page 1 of 1https://connect.secure.wellsfargo.com/accounts/start?p1=yes&_xa=c…GcoS1tBbEziNLvTmvInbXybL3K3CFaAM%3D#/accounts/home/accountdetails Item 9 of 19 Show full image Print Check Number 1052 Date Posted 05/06/25 Check Amount $1,106.38 Previous Zoom Next For your security, information like account numbers, signatures, and the ability to view the backs of checks have been removed from the images. You can see full or partial fronts and backs of the images by using the link at the top of the window. Equal Housing Lender Flip 1225 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CONSENT AGENDA AGENDA ITEM 11.N SUBJECT: Approval of the Commercial Business Marketing Grant Program in the amount of $2,500 to Shiny Touch Nails located in Ocean Palm Plaza at 1550 N. Federal Highway, #15, Boynton Beach, FL 33435 SUMMARY: The BBCRA’s Commercial Business Marketing Grant Program is designed to provide financial assistance to businesses located within the BBCRA area in the form of a reimbursable grant intended to offset the costs of marketing and branding initiatives that help businesses grow and expand their reach to the local community and desired target demographics in accordance with the BBCRA Community Redevelopment Plan. The program offers financial assistance to eligible commercial businesses in the form of a $2,500 reimbursable grant for eligible marketing or advertising expenses. BUSINESS OVERVIEW CRA staff has received a completed grant application from Shiny Touch Nails located in Ocean Palm Plaza at 1550 N. Federal Highway, #15, Boynton Beach, FL 33435 (see Attachment I). Shiny Touch Nails is a locally-owned business that has a mission to beautify the appearance of their clients' nails. DEMONSTRATED NEED FOR MARKETING ASSISTANCE Target Market Challenges MARKETING OBJECTIVES To reach target market To promote business online REQUESTED USE OF FUNDS If approved, the applicant is eligible to receive a maximum grant of $2,500 in reimbursable funding for the desired marketing campaign to include: Content Marketing Outdoor Advertising Signage and Banners 1226 •Attachment I - Application •Attachment II - Marketing Grant Request Print Collateral See Attachment II for overview of Marketing Grant Request. FISCAL IMPACT: FY 2025-2026 Budget Project Fund, Line Item 02-58400-445, $2,500 for Commercial Business Marketing Grant CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of Commercial Business Marketing Grant in the amount of $2,500 to Shiny Touch Nails located in Ocean Palm Plaza at 1550 N. Federal Highway, #15, Boynton Beach, FL 33435 ATTACHMENTS: Description 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 CRA ADVISORY BOARD AGENDA ITEM 13.A SUBJECT: Pending Assignments - Assignments from the CRA Board Assigned at the February 13, 2024 and the January 14, 2025 CRA Monthly Board Meetings SUMMARY: On February 13, 2024, the CRA Board approved the following tasks be assigned to the CRA Advisory Board (CRAB): 1. Initiate the steps to revise the 2016 CRA Plan, A. With the first step to review the existing CRA plan, and B. With the end goal to incorporate both the grocery store and public parking as part of that plan. 2. Look for ways that are above and beyond the normal City functions to beautify the area within the CRA district (cannot be in replacement of a normal City function and needs to be above and beyond). 3. Investigate means to get a grocery store in the CRA Heart of Boynton area. 4. Identify potential locations for a Public Parking Garage preferably along Ocean Avenue. 5. Look for available properties for potential acquisition with a focus on commercial properties along the Federal Highway area (ex. vacant properties for commercial use). The CRAB Board finalized their presentation on the 2016 CRA Plan Revision Recommendations together at their January meeting and presented their findings at the January 14, 2025 CRA Board Meeting. While the CRA Board was discussing the CRAB Board's presentation at the January 14, 2025 Meeting, the CRA Board approved the following tasks be assigned to the CRA Advisory Board (CRAB): 1. Investigate specifics including locations for the splash pad in the Cultural District. 2. Continue discussion and research ideas/names for renaming streets. 3. Research and investigate opportunities to honor the two (2) Heisman Trophy winners that are from Boynton Beach. Examples include statutes/monuments and street renaming. 4. Recommendations for changing or inclusion of possible historic district or ways to incorporate historic preservation within our CRA Plan. 1237 •Attachment I - 136-140 W Boynton Beach Blvd - PAPA Map •Attachment II - 136-140 W Boynton Beach Blvd - LoopNet At the September 17th and the October 15th meetings, the Board finalized their presentations on beautification and the splash pad which they presented at the November 10, 2025 CRA Board Meeting. At their November 19, 2025, and December 17, 2025 meetings, the Board discussed a draft presentation on additional ways to honor the two (2) Heisman Trophy winners. At the December 9, 2025 CRA Board meeting, the CRA Board advised that the CRAB Board would not need continue the discussion and research ideas/names for renaming streets that was assigned on January 14, 2025, as it will likely be discussed during the CRA Plan revisioning. At their January 21, 2026 meeting, the Board discussed potential acquisition of 136-140 W Boynton Beach Boulevard and additional ways to honor the two (2) Heisman Trophy winners were discussed. The Board will continue the discussion and presentation preparation on additional ways to honor the two (2) Heisman Trophy winners at their February 18, 2026 meeting, with plans to present at the March 9, 2026 CRA Board Meeting. FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAB RECOMMENDATION: Property Address Pursue Now as a Land Banking Opportunity Pursue at a Future Date Does Not Fit the CRA Mission 136-140 W Boynton Beach Blvd (see Attachments I-II) X CRA BOARD OPTIONS: To be determined by the CRA Board. ATTACHMENTS: Description 1238   0LOHVm6FDOH'DWH7LPH301239 Retail Buildings / Florida / Boynton Beach / 136-140 W Boynton Beach Blvd, Boynton Beach, FL 33435 Call Message 136-140 W Boynton Beach Blvd 2,016 SF | 100% Leased | Retail Building | Boynton Beach, FL 33435 | $1,700,000 ($843.25 /SF) | 5.21% Cap Rate Log In 1/14/26, 3:55 PM 136-140 W Boynton Beach Blvd, Boynton Beach, FL 33435 - Retail for Sale | LoopNet https://www.loopnet.com/Listing/136-140-W-Boynton-Beach-Blvd-Boynton-Beach-FL/26412486/1/81240 INVESTMENT HIGHLIGHTS  Walking distance to new Town Square City Hall, Librar y, renovated Historic High School, Amphitheater, Approved 750 Multifamily Units & HotelMessage 136-140 W Boynton Beach Blvd 2,016 SF | 100% Leased | Retail Building | Boynton Beach, FL 33435 | $1,700,000 ($843.25 /SF) | 5.21% Cap Rate Log In 1/14/26, 3:55 PM 136-140 W Boynton Beach Blvd, Boynton Beach, FL 33435 - Retail for Sale | LoopNet https://www.loopnet.com/Listing/136-140-W-Boynton-Beach-Blvd-Boynton-Beach-FL/26412486/2/81241 Free Standing Retail Building located at hard corner with Check Cashing USA established national 21+ year tenant Boynton Beach Full Service Marina, Restaurants, Retail & Residential EXECUTIVE SUMMARY Prime Investment Free Standing retail building located at hard corner with 18+ year national Check Cashing USA triple net lease. Just west of 16.5 acre Town Square Public Private Par tnership (P3) Mixed-Use and Governmental Complex Projec t has been identified as the catalyst project in redevelopment of both the Boynton Beach Boulevard and Cultural Distric ts within the BBCR A area. AT TACHMENTS 136 Survey20190618_1 1320203  FINANCIAL SUMMARY (ACTUAL - 2025)ANNUAL ANNUAL PER SF Gross Rental Income $1 10,388 $54.76 Other Income -- Vacancy Loss -- Effective Gross Income $1 10,388 $54.76 Taxes $13,591 $6.74 Operating Expenses $8,300 $4.12 Total Expenses $21,891 $10.86 Net Operating Income $88,497 $43.90 Message 136-140 W Boynton Beach Blvd 2,016 SF | 100% Leased | Retail Building | Boynton Beach, FL 33435 | $1,700,000 ($843.25 /SF) | 5.21% Cap Rate Log In 1/14/26, 3:55 PM 136-140 W Boynton Beach Blvd, Boynton Beach, FL 33435 - Retail for Sale | LoopNet https://www.loopnet.com/Listing/136-140-W-Boynton-Beach-Blvd-Boynton-Beach-FL/26412486/3/81242 PROPERT Y FACTS Sale Type Investment Proper ty Type Retail Proper ty Subtype Building Size 2,016 SF Building Class C Year Built 1965 Price $1,700,000 Price Per SF $843.25 Cap Rate 5.21% NOI $88,497 Percent Leased 100% Tenancy Multiple Building Height 1 Stor y Building FAR 0.15 Lot Size 0.30 AC Zoning C2 - Local Commercial Retail Parking 16 Spaces (7.94 Spaces per 1,000 SF Leased) Frontage Freestanding  53’ on W Boynton Beach Blvd  AMENITIES Bus Line Pylon Sign Signage MAJOR TENANTS 1,342 SF $47.34 Triple Net May 2027 TENANT SF OCCUPIED RENT/SF LEASE T YPE LEASE END Message 136-140 W Boynton Beach Blvd 2,016 SF | 100% Leased | Retail Building | Boynton Beach, FL 33435 | $1,700,000 ($843.25 /SF) | 5.21% Cap Rate Log In 1/14/26, 3:55 PM 136-140 W Boynton Beach Blvd, Boynton Beach, FL 33435 - Retail for Sale | LoopNet https://www.loopnet.com/Listing/136-140-W-Boynton-Beach-Blvd-Boynton-Beach-FL/26412486/4/81243 LINKS Exciting Progress on Town Square Boynton CR A to acquire waterfront proper ty Boynton CR A acquires hotel site Boynton CR A current projec ts MAP TRAFFIC     Walk Score®   Local Ser vices 672 SF $35.71 Full Service Nov 2024 Message 136-140 W Boynton Beach Blvd 2,016 SF | 100% Leased | Retail Building | Boynton Beach, FL 33435 | $1,700,000 ($843.25 /SF) | 5.21% Cap Rate Log In 1/14/26, 3:55 PM 136-140 W Boynton Beach Blvd, Boynton Beach, FL 33435 - Retail for Sale | LoopNet https://www.loopnet.com/Listing/136-140-W-Boynton-Beach-Blvd-Boynton-Beach-FL/26412486/5/81244 More public record information on 136-140 W Boynton Beach Blvd, Boynton Beach, FL 33435 The Outer Boynton Beach Retail Proper ty at 136-140 W Boynton Beach Blvd, Boynton Beach, FL 33435 is currently available. Contact The Knight Group, LLC for more information. Listing ID: 26412486 Date on Market: 8/16/2022 Last Updated: 12/27/2025 Address: 136-140 W Boynton Beach Blvd, Boynton Beach, FL 33435 NE ARBY MAJOR RETAILERS PROPERT Y TAXES Very Walkable (76) Parcel Number 08-43-45-28-10- 004-0010 Total Assessment $582,193 Land Assessment $0 Annual Taxes $13,591 ($6.74/SF) Improvements Assessment $0 Tax Year 2025 RETAIL PROPERTIES IN NE ARBY NEIGHBORHOODS Message 136-140 W Boynton Beach Blvd 2,016 SF | 100% Leased | Retail Building | Boynton Beach, FL 33435 | $1,700,000 ($843.25 /SF) | 5.21% Cap Rate Log In 1/14/26, 3:55 PM 136-140 W Boynton Beach Blvd, Boynton Beach, FL 33435 - Retail for Sale | LoopNet https://www.loopnet.com/Listing/136-140-W-Boynton-Beach-Blvd-Boynton-Beach-FL/26412486/6/81245 About Us Careers Contact Us Search Find a Broker Product Over view Mobile Terms of Use Privacy Notice Cookie Policy Exercise Your Rights Downtown Delray Beach Retail Buildings Lantana Pines Retail Buildings Sunset Ridge Nor th Retail Buildings NE ARBY LISTINGS 1290 Lantana Rd, Lake Wor th FL 389 Winchester Park Blvd, Boynton Beach FL 558 E Gateway Blvd, Boynton Beach FL 3111 W Boynton Beach Blvd, Boynton Beach FL 23 S Swinton Ave, Delray Beach FL 888 East Coast Ave, Lantana FL 367 NE 3rd Ave, Delray Beach FL 50 SE 4th Ave, Delray Beach FL 246 NE 6th Ave, Delray Beach FL 4689 Hypoluxo rd, Lake Wor th FL 3705 N Federal Hwy, Delray Beach FL 82-84 SE 4th Ave, Delray Beach, Delray Beach FL 117 NE 5th Ave, Delray Beach FL Connect with us © 2026 CoStar Group The LoopNet service and information provided therein, while believed to be accurate, are provided "as is". 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Message 136-140 W Boynton Beach Blvd 2,016 SF | 100% Leased | Retail Building | Boynton Beach, FL 33435 | $1,700,000 ($843.25 /SF) | 5.21% Cap Rate Log In 1/14/26, 3:55 PM 136-140 W Boynton Beach Blvd, Boynton Beach, FL 33435 - Retail for Sale | LoopNet https://www.loopnet.com/Listing/136-140-W-Boynton-Beach-Blvd-Boynton-Beach-FL/26412486/7/81246 Licensing Message 136-140 W Boynton Beach Blvd 2,016 SF | 100% Leased | Retail Building | Boynton Beach, FL 33435 | $1,700,000 ($843.25 /SF) | 5.21% Cap Rate Log In 1/14/26, 3:55 PM 136-140 W Boynton Beach Blvd, Boynton Beach, FL 33435 - Retail for Sale | LoopNet https://www.loopnet.com/Listing/136-140-W-Boynton-Beach-Blvd-Boynton-Beach-FL/26412486/8/81247 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 OLD BUSINESS AGENDA ITEM 14.A SUBJECT: Heart of Boynton Shops Project Update SUMMARY: At the September 9, 2025 Board Meeting, the Board requested a detailed update regarding The Heart of Boynton Shops (HOB Shops). The HOB Shops includes eight units totaling 8,250 sq ft of commercial space in the Heart of Boynton Village Apartments located at 137 NE 10th Avenue. Since the construction broke ground in 2022, CRA staff has continued to work with local small businesses through the leasing and tenant build-out process for the spaces. Each unit, at the time of lease-up, is a gray shell that lacks mechanical, electrical, plumbing, and interior walls. This presented a financial barrier to many local small businesses. In December 2022, in response to public comment at the September 2022 meeting, the CRA Board approved additional funding to offset the build-out cost by providing $51,714.28 for each of the seven units available for lease (Unit 108 is reserved for the CRA's NOP Program) to assist with eligible build-out expenses like the mechanical, electrical, plumbing and ADA improvements (see Attachments I-II). Attachments III - V include the Development Agreements and subsequent Amendments for the commercial component at the HOB Shops. By June 2024, five units had their building permits approved, however construction did not begin until February 2025. Work on the units by Centennial Management Corporation (CMC) began in February 2025. Below is a summary of the current tenants, permitting status and construction status. At the February 2025 meeting, the CRA approved a Waiver and Ancillary Agreement for the Development Agreement with CMC which allowed each tenant to select the contractor of their choice while still having access to the funding provided for in the Development Agreements. Unit 104 and Unit 107 opted to use a different contractor for their build-outs. 1248 Unit Number Tenant Name Permit Approval Date Permit Issuance Date Days Delayed from Permit Approval Construction Start Date Days in Construction 101 The Old Testament Bakery LLC ----- 102 Xpedited Health LLC December 1, 2025 ---- 103 JB Dental Care LLC February 6, 2025 February 13, 2025 8 February 21, 2025 354 104 Potiwa Pizza LLC (selected a different GC) June 10, 2024 February 7, 2025 242 February 21, 2025 354 105 Big John's To-Go June 13, 2024 February 4, 2025 236 February 21, 2025 354 106 Law and Mediation Office of Diane Andre Esq. April 22, 2024 February 4, 2025 288 February 21, 2025 354 107 Gillion & Co. (selected a different GC) May 21, 2024 February 4, 2025 279 February 21, 2025 354 108 NOP Office February 28, 2024 February 4, 2025 342 February 21, 2025 354 Since July 30, 2025, CRA Staff meets weekly with CMC onsite to monitor progress and coordinate the construction activities at the Heart of Boynton Shops. At the November 10, 2025 meeting, the Board directed staff to work with the HOB Shops tenants and bring back a summary of the build-out costs and funding concerns (see Attachment VI). At the December 9, 2025 meeting, the Board approved an increase in funding to cover 60% of eligible build-out expenses in each unit. This funding equates to approximately $425,000 with contingency. The Board also made a motion that allows the tenant's Commercial Property Improvement Grant Funding be reallocated to the Development Agreement. A sample Amendment is provided as Attachment VII. The amendments for Units 102, 103, 105, 106 and 107 were approved at the January CRA Board meeting. Within the past month, there has been significant progress on the units due to consistent onsite supervision from CMC. Units 108 and 106 are close to completion and are anticipated to be complete within the next couple of weeks while Unit 105 and 103 to follow within the next month. At the January CRA meeting, the Board requested a CMC representative attend the February 1249 •Attachment I - September 2022 Meeting Minutes •Attachment II - December 2022 Meeting Minutes •Attachment III - Development Agreement •Attachment IV - First Amendment Development Agreement •Attachment V - Second Amendment Development Agreement •Attachment VI - HOB Shops Presentation •Attachment VII - Amendment to the Commercial Property Improvement Grant Program •Attachment VIII - HOB Shops Photo Updates Board meeting. CRA staff requested confirmation of CMC's attendance via both email and phone requests. Photo updates on the individual units is provided as Attachment VIII. FISCAL IMPACT: Fiscal Year 2021-2022 Budget; Project Fund Line Item 02-58200-406 - Local Government Match Contribution $625,750 and Commercial/Retail Component $2,300,815 (commercial component); TIRFA $1,630,280 and $433,008.45 Second Development Agreement for the Residential Component FY 2025-2026; Project Fund Line Item 02-58200-406 - $425,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 Meeting Minutes Community Redevelopment Agency Board Boynton Beach , Florida 13. Old Business December 13 , 2022 A. Quarterly Progress Report from BBQOZ, LLC for the 115 N. Federal Highway Mixed Use Project (aka The Pierce). Ms. Shutt gave an overview of the progress report . The project is proceeding as planned as mixed use for affordable housing and public parking. Nick Rojo , of BBQOZ, LLC looks forward to the meeting in December. He asked for the address for the Toy Drive . Chair Penserga inquired where are they in the process. Mr. Rojo responded that they have submitted their site plan to the City. Staff is reviewing the plans and the project will be on the City Agenda in January. Chair Penserga asked if the project is going to be complete within the timeline . Mr. Rojo stated that they are ahead of the given timeline. B. Approval of the Fourth Amendment to the Purchase and Development Agreement between the CRA and Centennial Management Corp. (CMC) for the Ocean Breeze East Project. Ms . Shutt gave an overview of the Project. The project is located a block south of MLK Jr. Boulevard on the East side of Seacrest. Part of the negotiated agreement there is approximately a 2200 square foot community space originally for the NOP office . Since then it was determined by the former Police Chief that the NOP office would be better served at the retail space in Wells Landing . Board Member Kelley inquired if Chief DeGiulio agrees with the direction they are moving with the Police Department. Ms . Shutt stated that Chief DeGiulio and staff have reviewed the tenant buildout unit 8 for the MLK Project and they are on board . Board Member Hay noted that there has been a large push for the NOP to be activated again . Having officers on foot in the Community is a great plus for the City. He would like to see another NOP unit added to the City. The City is blessed compared to other cities when it comes to the crime rate . Board Member Turkin agreed with Board Member Hay. The City's violent crime rate is a lot higher then we would like it to be . More resources will be needed as the City continues to grow. Board Member Hay commented that the Board has to stay focused on safety for the Community. 6 1265 Meeting Minutes Community Redevelopment Agency Board Boynton Beach , Florida December 13, 2022 Ms . Shutt commented that NOP will be reporting to the Board in January. Chair Penserga opened Public Comment Ms . Rogue reviewed the security at Ocean Breeze East and noted that the security will be the same at the Heart of Boynton Village . No one else coming forward , Public Comment was closed . Motion Vice Chair Cruz moved to approve the fourth amendment subject to final legal review. Board Member Hay second with discussion . Board Member Hay commented the large trucks damaged the property at St. John 's Missionary Church and suggested that Centennial Management wait until the project is completed to replace the damaged property. The motion passed unanimously. 15 F MLK Jr Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) update . Tim Tack, CRA Assistant Director, gave an update on the project. This project will provide 124 affordable rental units, including 8 ,250 square feet of leasable commercial space . The Board viewed pictures of the progress of the project. The project will be completed in the spring of 2023 . Chair Penserga requested that staff research having the electric poles removed and run the wires underground. Board Member Hay commented that he noticed the restaurant across the street is getting a facelift. Just painting the building was an improvement. He asked if there will be additional improvements to the building . Ms . Shutt replied that the owner has applied to the CRA for an Economic Development grant to do the exterior work. Bonnie Nicklien, Grants and Project Manager, noted that the owners were awarded exterior improvements grant from the CRA, which includes HVAC , a new parking lot, new doors and windows exterior paint , and stucco work . Ms. Shutt noted that the owners have asked for the paint colors for the Heart of Boynton Village Apartment and Shops . They want to be sure that the restaurant color is complimentary. 7 1266 Meeting Minutes Community Redevelopment Agency Board Boynton Beach , Florida December 13 , 2022 Chair Penserga stated that there was co nsens us to direct sta ff to have powerlin es placed underground . Ms. Shutt noted that staff will reach out to the City and FPL for options and bring them back to the Board . C. Approval of the First Amendment to th e Development Agreement between the CRA and Centennial Management Corp./Wells Landing Apartments, LLC for th e Commercia l Component of the MLK Jr. Boulevard Corridor Mixed Use Project. Ms . Shutt summarized First Amendment to the Development Agreement for the Commercial Component con t ains all agreed upon negotiated terms , including an additional $50 ,000 cont ri bution from Centennial Management Corporation and $275,000 from the CRA (to be equally divided among Units 1-7). Th e document has been reviewed by legal counse l and was forwarded to Centennial Management Corporation for review on November 18 , 2022 . Chair Penserga opened Public Comment Christopher Glinton , 194 Orange Dri ve commented t hat it was not Ms. Rogue who was the issue with the lack of communicat ion . No one else coming forward , Public Commen was closed. Motion Board Member Hay moved to approve the First Amendment. Board Member Kelley second the motion. T he motion passed unanimously. 14. New Business A. Approval of 2023 CRA Board Meeting Dates Ms . Shutt reviewed the meeting dates and noted that January 10, 2023 there will be a presentation from the developers for the 401-411 East Boynton Beach Boulevard property. There is also a meeting scheduled for Valentines Day, she would understand if the Board members changed that meeting date. Board Member Hay noted that he will not be at the February 141h meeting. He suggested that the Board agrees to an alternate date . There was a consensus that the CRA meeting to be on Monday, February 13th instead of Tuesday, February 14111 • 8 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 4927-1530-7395, v. 1 Amendment to Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Agreement This Amendment to Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Agreement (“Amendment”) is entered by and between the Boynton Beach Community Redevelopment Agency, located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 (“CRA”) and _______________________ (“Tenant”), a tenant leasing a commercial unit located at ________________ (the “Commercial Unit”). RECITALS WHEREAS, pursuant to the Commercial Property Improvement Grant Program (“Grant Program”), the CRA has awarded Tenant financial assistance in the amount of _______________ (“Program Funding”) for the build-out of the Commercial Unit, consistent with the terms of the Grant Program; and WHEREAS, Tenant and the CRA have entered into an agreement dated ________ (“Agreement”) to finalize the award of the Program Funding consistent with the terms of the Grant Program; and WHEREAS, Tenant the CRA desire to amend the Agreement as set forth herein; and WHEREAS, Tenant currently leases the Commercial Unit; and WHEREAS, a portion of the construction of the Commercial Unit (such portion being referred to as the “gray shell”) is also being funded by the CRA through an agreement with Wells Landing Apartments, LLC, executed on February 8, 2022, and amended on December 28, 2022, and June 1, 2023; and WHEREAS, for purposes of this Amendment, the term “build-out” shall refer to those expenses that are or would have been eligible for reimbursement under the Grant Program; and WHEREAS, for purposes of this Amendment, the term “gray shell” shall be understood to mean those improvements that include, but are not limited to, unfinished interior concrete floors, heating, ventilating, air conditioning, lighting, plumbing, ceilings, elevators, and interior walls; WHEREAS, the CRA has inquired and the Tenant has agreed that it is Tenant’s preference for the CRA to redirect the Program Funding and use it to cover whichever costs associated with the build-out and/or gray shell construction of the Commercial Unit are first incurred; and WHEREAS, the CRA has determined that applying the Program Funding directly to contractors to cover the costs associated with the build-out and gray shell construction of the Commercial Unit will further the goals and objectives of the Community Redevelopment Plan and will assist with administrative convenience. NOW, THEREFORE, for good and valuable consideration of the mutual promises and understandings set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Incorporation. The above recitals are hereby incorporated herein as if fully set forth. 2. Consent to Assignment. The Tenant hereby agrees to allow the CRA to apply the Program Funding directly to third party contractors to pay for costs associated with the build-out and gray shell of the Commercial Unit upon receipt of sufficient evidence that such costs have been properly incurred and are due and owing. 3. Use of Funds. The CRA hereby agrees to use the Program Funding only for costs associated with the build-out and the gray shell of the Commercial Unit. If any portion of the Program Funding is not utilized for the purposes set forth in this Section 3, such funds will be deemed reinstated to the Tenant’s award of Program Funding under the Grant Program and may be used in compliance with the terms in the 1302 4927-1530-7395, v. 1 Grant Program. The assignment of Program Funding under Section 2 of this Amendment shall not result in a loss to Tenant of the amount of Program Funding originally awarded. 4. No Third Party Beneficiaries. Nothing in this Amendment 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 Amendment, including but not limited to any contractor or subcontractor performing any work on the Commercial Unit or Wells Landing Apartments, LLC. IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the last date written below. Boynton Beach Community Redevelopment Agency By: ___________________________ Name: _________________________ Title: __________________________ Date: __________________________ Tenant Sign: ___________________________ Print: ___________________________ Date: ___________________________ 1303 1304 1305 1306 1307 •Attachment I - 08.12.2025 Minutes RE local preference Waitlist Policy •Attachment II - 01.08.2026 CRA Meeting Minutes •Attachment III - Revised Draft Boynton Harbor Marina Wait List and Local Preference Policy •Attachment IV - Boynton Harbor Marina Reservation Form COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 OLD BUSINESS AGENDA ITEM 14.B SUBJECT: Continued Discussion and Consideration of Marina Waitlist Policy and Forms SUMMARY: On August 12, 2025, the CRA Board requested CRA staff to bring back a boat slip waitlist policy that includes local preference (see Attachment I). On January 8, 2026, legal prepared and presented a draft policy and reservation form based on the existing marina waitlist procedures and comparison with other marina waitlists. Per the Board's direction at the January 8, 2026, meeting (see Attachment II), legal revised the waitlist policy to prioritize local preference and provide for a waitlist fee which is refundable for those who enter into a slip lease agreement (see Attachments III & IV). CRA staff is looking for the Board's review and any other suggestions or direction in order to finalize the policy and forms. FISCAL IMPACT: N/A CRA PLAN/PROJECT/PROGRAM: 2016 Updated CRA Redevelopment Plan - Marina CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 1308 1309 1310 1311 BOYNTON HARBOR MARINA WAITLIST AND LOCAL PREFERENCE POLICY This policy establishes uniform procedures to ensure fair, transparent, and efficient process for allocating slip spaces. The policy seeks to maximize slip utilization, reduce vacancies, and serve the Boynton Beach Community Redevelopment Agency’s priorities consistent with municipal goals. 1. Applicability This policy applies to all new applicants requesting a slip space within the Boynton Harbor Marina (“Marina”) for vessels of any size or type, whether wet slips, except as otherwise provided in duly approved lease or management agreement. 2. Waitlist Administration The Dockmaster shall maintain an active, dated waitlist for each slip category (by length and beam). Applicants must submit a completed application form, including name, address, credit check authorization, contact information, vessel information, proof of ownership, proof of insurance, and any other information requested by the application form as it may exist from time to time. A non-refundable application fee of $50.00 for Boynton Beach residents/ businesses, and $100.00 for non-residents/businesses is required to join the waitlist. Payment of the application fee does not guarantee slip availability. Upon acceptance and assignment of a slip, the application fee will be credited towards an applicant’s initial slip rental fee. Applications are initially ordered upon receipt by the date and time of a qualified application. Placement on the marina waitlist does not guarantee slip assignment in strict chronological order. The Dockmaster reserves the right to consider the overall operational needs of the marina and to prioritize applicants as necessary to maintain an appropriate and balanced mix of vessel types and marine-related business uses. Such prioritization may include, but is not limited to, consideration of business type, vessel size, service needs, and compatibility with existing marina operations. Applicants are responsible for maintaining current contact information. The Marina Owner and Dockmaster are not responsible for missed notifications due to outdated information. Applicants seeking local preference must provide proof of residency, business tax receipt, or property ownership within the City limits of Boynton Beach, Florida. Proof of residency or ownership must be updated annually. Falsification or failure to provide documentation will result in loss of local preference status. 3. Waitlist Ordering and Priority 1312 2 4913-0646-0016, v. 5 Base Priority/Seniority Applicants are initially ordered by the date and time of a complete application. The Marina may, subject to and consistent with all applicable laws, examine credit scores, insurance coverage, and all other information in an application or available in the public domain in determining whether an applicant is qualified. Local Preference To foster local access, the following preference may apply when all other qualification factors are substantially equal (i.e., among applicants with the same waitlist date or slot). Local residents or businesses owning property in Boynton Harbor may receive a priority tiebreaker (i.e. among equally timed applications, local resident/business gets first offer). 4. Slip Offer Process When a slip becomes available, the Dockmaster shall identify applicants in the relevant size/beam class. The first eligible applicant*1 (by waitlist order and local preference) shall be notified of slip availability. The applicant’s vessel must meet slip dimensions and safety/insurance requirements; the Dockmaster reserves the right to reject a match if vessel is not appropriate. The Dockmaster will attempt to contact the applicant by telephone and/or email. If no telephone contact can be made within two (2) business days, an email will be sent, and the applicant will have seven (7) calendar days from the email date to respond. If no response is received by that deadline, the offer is deemed declined. 5. Refusal/No Response First refusal: applicant shall move to the bottom of the waitlist for future offers. Second refusal: applicant is removed from the waitlist. In the event of refusal or non-response, the next qualified applicant is offered the slip. 1 The Marina retains the right to prioritize applicants based on strategic business considerations, including but not limited to: (1) Alignment with Marina goals and long-term vision; (2) Diversification of businesses; (3) Enhancement of visitor experiences. 1313 4921-3552-4731, v. 1 BOYNTON HARBOR MARINA WAIT LIST RESERVATION FORM I understand that I am requesting placement of the waiting list for a boat slip assignment in the Boynton Harbor Marina *. I agree to notify Boynton Beach Harbor Marina’s Office if my mailing address changes, and I acknowledge that failure to do so may result in surrendering my place on the wait list for a boat slip assignment. I acknowledge that I have read and understand the wait list policy. Private Owner _______ Corporation _______ (Max. 5-7 owners allowed) Partnership _______ (Max. 5-7 partners allowed) Corporation or Entity Name (If Applicable) ______________________________________________________________________________ How many years in business? ______ Name(s)/Title (if a corporation): _____________________________________________________________________________________________________________________ Mailing Address: _____________________________________________________________________________________________________ City: ____________________________ State: __________ Zip Code: _______________ Home Phone: ____________________ Cellphone: ________________________ Email Address: __________________________________________________ Signature of Applicant: ___________________________________________ Currently Owned Vessel: Vessel Name: ______________________ Make: ________________ Model: __________________ Year: ____________ Vessel Length: _____________________ Beam: _______________ Will Purchase Vessel: Estimated Length Overall: _____________ Estimated Beam: ___________ Estimated Draft: ____________ Provide a description of your planned operation should a slip become available to you at the Boynton Harbor Marina. ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ * Placement on the waitlist does not guarantee that dockage will be offered to your business when a vacancy arises. FOR MARINA STAFF USE ONLY Date received: _________________________ Time: ______________ Waiting list position #: __________________ Classification (slip size): _______________________________________________________________________ Notes: ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ 1314 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 OLD BUSINESS AGENDA ITEM 14.C SUBJECT: Discussion and Consideration of Direction and Assignments for CRA Advisory Board SUMMARY: The Community Redevelopment Advisory Board (CRAB) was created by City Commission on October 2015, and appointed its seven members in December 2015 (see Attachment I). Resolution R15-136 had the CRAB advising the City Commission, but not the CRA Board. On May 3, 2016, the City Commission clarified the role of CRAB is to also advise the CRA Board on matters assigned to it by either the City Commission or CRA Board (see Attachments II-IV). On May 10, 2016, the CRA Executive Director and City Manager proposed guidelines for managing the CRAB agenda (see Attachment V). These guidelines have established how the CRAB agenda and assignments have been implemented to date. The CRAB assignments up until July 14, 2020, consisted of reviewing and advising the CRA Board on terms and conditions of Purchase and Development Agreements (PDA) from the RFP/RFQ process (e.g. Ocean Breeze East and MLK Jr. Boulevard Corridor Mixed Use Project), providing input on the annual Budget, and providing an additional public forum for community input or a recommendation for significant projects (e.g. the renovations of Sara Sims Park and the Cottage District Infill Housing Redevelopment Project). On July 14, 2020, the CRA Board assigned the CRAB the task of reviewing three or four different commercial properties and make recommendations (see Attachment VI). On August 11, 2020, the CRA Board approved a revision to the previous CRAB assignment to focus on future acquisitions along the Boynton Beach Corridor from I-95 to Federal Highway (see Attachment VII). The CRA Board again clarified their expectations regarding the CRAB report at the February 9, 2021 CRA Board meeting. The CRAB has three options with respect to their review of available commercial or industrial properties (see Attachment VIII): 1. Pursue now as a land banking opportunity; or 2. Pursue at a future time to be determined by the CRA Board; or, 3. Do not pursue because it does not fit the CRA mission. On April 12, 2022, the CRA Board cleared all pending CRAB assignments. The CRA Board indicated that the new CRA Board should have the opportunity to set the new assignments for the CRAB (see Attachment IX). 1315 The CRAB received and completed three assignments from October 2022 to February 2024: 1. Review and Discuss the CRA Funded Current and New Business Promotions and Marketing Events including Strategies to Promote the Marina 2. Review the City's Recreation and Parks Master Plan 3. Review the CRA Annual Budget On February 13, 2024, the CRA Board approved the following tasks be assigned to the CRA Advisory Board (CRAB): 1. Initiate the steps to revise the 2016 CRA Plan, A. With the first step to review the existing CRA plan, and B. With the end goal to incorporate both the grocery store and public parking as part of that plan. 2. Look for ways that are above and beyond the normal City functions to beautify the area within the CRA district (cannot be in replacement of a normal City function and needs to be above and beyond). 3. Investigate means to get a grocery store in the CRA Heart of Boynton area. 4. Identify potential locations for a Public Parking Garage preferably along Ocean Avenue. 5. Look for available properties for potential acquisition with a focus on commercial properties along the Federal Highway area (ex. vacant properties for commercial use). The CRAB Board presented their findings on the 2016 CRA Plan Revision Recommendations at the January 14, 2025 CRA Board Meeting. While the CRA Board was discussing the CRAB Board's presentation at the January 14, 2025 Meeting, the CRA Board approved the following tasks be assigned to the CRA Advisory Board (CRAB): 1. Investigate specifics including locations for the splash pad in the Cultural District. 2. Continue discussion and research ideas/names for renaming streets. 3. Research and investigate opportunities to honor the two (2) Heisman Trophy winners that are from Boynton Beach. Examples include statutes/monuments and street renaming. 4. Recommendations for changing or inclusion of possible historic district or ways to incorporate historic preservation within our CRA Plan. The CRAB presented their presentations on beautification and the splash pad at the November 10, 2025 CRA Board Meeting. At the December 9, 2025 CRA Board meeting, the CRA Board advised that the CRAB Board would not need continue the discussion and research ideas/names for renaming streets that was assigned on January 14, 2025, as it will likely be discussed during the CRA Plan revisioning. The CRAB Board will be presenting their presentation on the Heisman Trophy ideas at the March CRA Board meeting. Staff is bringing this before the CRA Board to revisit potential CRAB assignments. The following items are anticipated to be assigned to CRAB consistent with previous Board direction: 1. Review draft allocations of the future CRA Annual Budget 2. CRA Plan Revision 1316 •Attachment I - City Resolution R15-136 Creating CRAB •Attachment II - City Resolution R16-067 Establishing Procedures for CRAB •Attachments III - May 3, 2016 City Commission Minutes •Attachment IV - May 17, 2016 City Commission Minutes •Attachment V - May 10, 2016 Memo Regarding CRAB Duties •Attachment VI - July 14, 2020 CRA Board Meeting Minutes •Attachment VII - August 11, 2020 CRA Board Meeting Minutes •Attachment VIII - February 9, 2021 CRA Board Meeting Minutes •Attachment IX - April 12, 2022 CRA Board Meeting Minutes FISCAL IMPACT: N/A CRA PLAN/PROJECT/PROGRAM: 2016 Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by the CRA Board. ATTACHMENTS: Description 1317 1 RESOLUTION NO R15 136 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH 4 FLORIDA CREATING A COMMUNITY 5 REDEVELOPMENT AGENCY ADVISORY BOARD 6 ESTABLISHING PROCEDURES FOR APPOINTMENT 7 AND REMOVAL OF MEMBERS AND PROVIDING 8 FOR AN EFFECTIVE DATE 9 10 WHEREAS the City Commission has determined that the interest of the City will 11 best be served by creating an advisory board to provide input to the City Commission 12 regarding matters related to the Citys Community Redevelopment Agency 13 NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH FLORIDA THAT 15 Section 1 The foregoing WHEREAS clauses are true and correct and 16 hereby ratified and confirmed by the City Commission 17 Section 2 There is hereby created a Community Redevelopment Advisory Board 18 The Advisory Board at the direction of the City Commission shall make recommendations 19 on the programs activities and funding issues affecting the implementation of the CRA Plan 20 Recommendations shall include but not be limited to matters concerning land use and design 21 regulations and applications implementation programs and activities budgets and funding 22 Section 3 The Advisory Board will be comprised of seven 7 individuals with 23 experience education or skills as determined necessary by the City Commission Any 24 person may be appointed to the Advisory Board if he or she resides or is engaged in 25 business which means owning a business practicing a profession or performing a service 26 for compensation or serving as an officer or director of a corporation or other business 27 entity so engaged within the City 1 1 Italicized language added by amendment at time of adoption 000985102 306 9001821 1 1318 28 No less than four 4 members of the Advisory Board shall be residents of the City 29 Advisory Board Members serve at the pleasure of the City Commission and may be removed 30 by a majority of the Commission with or without a statement of cause 31 Section 4 The Advisory Board and its individual members shall operate in the 32 sunshine Board members are subject to the Palm Beach County Code of Ethics Appointees 33 shall complete required ethics training prior to assuming the duties of appointment 34 Section 5 Costs associated with the operation of the Advisory Board will be 35 assessed to the Community Redevelopment Agency budget 36 Section 6 That this Resolution will become effective immediately upon passage 37 PASSED AND ADOPTED this 20 day of October 2015 38 39 40 CITY OF BOYNTON BEACH FLORIDA 41 42 YES NO 43 44 Mayor Jerry Taylor i 45 46 Vice Mayor Joe Casello 47 48 Commissioner David T Merker V 49 50 Commissioner Mack McCray I 51 52 Commissioner Michael M Fitzpatrick t 53 54 55 VOTE 50 56 57 ATTEST 58 59 IS p60 o A 61 i t 7 A C 63 rfti 64 Co at al Y U 00098511t 9001821ys Q 47 N 4 1319 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section 2. There is hereby created a Community Redevelopment Advisory Board CRAB "). The CRAB will conduct review and provide written recommendations to the City Commission and Community Redevelopment Agency on matters assigned to it by the Community Redevelopment Agency or the City Commission. The Advisory Board, at the 00127558.1 306 - 9001821 ) RESOLUTION NO. R16 -067 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION R15 -136 WHICH CREATED A COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD; ESTABLISHING PROCEDURES FOR APPOINTMENT AND REMOVAL OF MEMBERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission created the Community Redevelopment Advisory Bard ( "CRAB ") to provide input to the City Commission regarding matters related to the City's Community Redevelopment Agency; and WHEREAS, the City Commission, following input from members of the CRAB, the executive director of the CRA, the City Manager and members of the public, has determined th:7t the CRAB should serve in an advisory role to the Community Redevelopment Agency as well as the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Resolution R15 -136 is amended as follows. 1320 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 erection of the City Commission, shall make recommendations on the programs; activities include but not be limited to, matters concerning land use and design regulations and Section 3. The Advisory Board will be comprised of seven (7) individuals with experience, education, or skills as determined necessary by the City Commission. Any person may be appointed to the Advisory Board if he or she resides or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation, or serving as an officer or director of a corporation or other business entity so engaged, within the City. No less than four (4) members of the Advisory Board shall be residents of the City. Advisory Board Members serve at the pleasure of the City Commission and may be removed by a majority of the Commission with or without a statement of cause. Section 4. The Advisory Board and its individual members shall operate in the swishine. Board members are subject to the Palm Beach County Code of Ethics. Appointees sh -.11 complete required ethics training prior to assuming the duties of appointment. Section 5. Costs associated with the operation of the Advisory Board will be assessed to the Community Redevelopment Agency budget. Section 6. That this Resolution will become effective immediately upon passage. 001x1558.1 305- 9001821 ) 1321 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 ATTEST: PASSED AND ADOPTED this la day of ith A. Pyle, CMC grim City Clerk Corporate Seal) 00127558.1 306 - 9001821 } 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus t/ Commissioner — Joe Casello VOTE YES NO 1322 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Request to approve a Community Design Plan Appeal (CDPA 16-001) for relief from the Land Development Regulations (LDR), Chapter 4, Article III, Section 10.A.3. Monotony Restrictions, requiring enhanced walls designed with offsets and other elements to avoid an expansive monotonous appearance for 514 — 518 West Ocean Drive, located west of 1-95 and east of the CSX Railroad, south of the terminus of West Ocean Avenue on 6.9 acres zoned M-1 (Industrial). Agent is Bradley Miller with Miller Land Planning, Inc. (Tabled to May 17, 2016 Commission meeting.) B. Request new site plan approval to construct outdoor self -storage for luxury recreational vehicles and boats at 514 — 518 West Ocean Drive, located west of 1-95 and east of the CSX Railroad, south of the terminus of West Ocean Drive on 6.9 acres zoned M-1 (Industrial). Agent: Bradley Miller, Miller Land Planning, Inc. representing property owner Stor-All Luxury RV Boat Storage LLC. (Tabled to May 17, 2016 Commission meeting.) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Discussion by City Commission and action regarding maintenance or modification of the configuration of the Community Redevelopment Agency Board. This item was heard after item 12 B. Commissioner Katz received confirmation Resolution R16-067 that was just passed gave the Advisory Board greater advisory capacity. He thought passage of the Resolution resolved the issue and further changes did not have to be made. Motion Commissioner Katz moved for discussion. Commissioner Romelus seconded the motion. 16 1323 Meeting Minutes City Commission Boynton Beach, Florida 3, 2016 Mayor Grant advised he wanted an independent CRA Board. The City Commission can dictate what the CRAB does because the Advisory Board makes recommendations to the City Commission. The City Attorney had provided information on various configurations of the CRAB, but a first test for the Advisory Board is to provide an objective standing of the three different positions and to create a vetting process for the City Commission to use when making appointments to the CRA Board. Commissioner Katz questioned if the goal of the CRAB was not to advise on CRA activities, rather to advise on the make-up of the CRA Board itself. Mayor Grant responded they could do both. Mayor Grant inquired if a Commissioner could put any item on the CRAB agenda and Attorney Cherof explained the City Commission will establish the agenda for the CRAB, and it will take the CRA Board to do the same thing. The CRAB had no authority, under the previous Resolution to create their own agenda or list their own powers. Only the City Commission and now the CRA Board would have the authority to do so. The City Commission was creating the first agenda item for the CRAB. Vice Mayor McCray requested confirmation this item was not changing the CRA Advisory Board makeup, and there would still be a seven -member Advisory Board. Attorney Cherof responded that was correct. The revised Resolution would not change the current configuration. Vice Mayor McCray requested verification they were not adding two citizens to the CRA Board and learned it would not add two more members. Vice Mayor McCray did not favor the CRAB making recommendations regarding the configuration of the CRA Board. Mayor Grant inquired if there was any item a Commissioner would like to put on the CRAB agenda. Commissioner Katz reiterated his opposition to the agenda item. The CRAB, per the Resolution, could advise the City Commission and the CRA Board, but now the City Commission was asking the CRAB to advise the City Commission about the CRA Board. Mayor Grant explained the CRA can only exist through the City Commission. If the City Commission wanted to dissolve the CRA, they could do so. Mayor Grant proposed four options: the City Commission sits as the CRA Board; use a hybrid of Commissioners and residents on the CRA Board and determine the vetting process for the two residents; have only CRA residents on the CRA Advisory Board or eliminate the CRA Board all together. Mayor Grant wanted objective recommendations for objective standards and wanted to hear all the options available. Commissioner Katz asked if the CRAB could review the options as to the potential organization of the CRA Board and learned they would. The Advisory Board would detail the advantages and disadvantages of all four configurations. The CRA Advisory Board is independent. Commissioner Katz did not favor the item and commented the CRAB is to advise on issues pertaining to development in the CRA District, not the makeup of the CRA Board which was within the purview of the City Commission. Vice Mayor McCray also did not favor the CRAB reviewing the configuration of the CRA Board. The Advisory Board could speak to the City Commission on items within the CRA District. The Resolution was passed before the discussion about the boarder 17 1324 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 scope of the CRA Board took place. Commissioner Katz thought the Advisory Board should focus on items in the CRA District. Mayor Grant pointed out item A pertains to the CRA Board, not the CRAB. The Advisory Board could advise on anything the Board asked them too. Vivian Brooks, CRA Executive Director, understood the Advisory Board was advising the City Commission on items coming before them. At her last meeting with the City and CRA Attorneys and the City Manager, there was discussion that development projects being heard by the CRAB would be adding another step in the development process and it was a problem for the City. The final discussion was any project that involved CRA land or dollars, or a public/private partnership would be reviewed by the Advisory Board. Mayor Grant explained he wanted the CRAB to be advisory to the CRA Board and the City Commission. If the CRA Board issued a Request for Proposals that would require a presentation before the CRAB, that would not create an extra level of codes and ordinances. The CRAB would not be violating any laws if the Request for Proposal indicated that anything coming before the CRA would be reviewed by the Advisory Board. Ms. Brooks explained that was already pro forma. Brian Edwards, 629 NE 9th Avenue, a CRAB member, thought the City made a mistake and that the Advisory Board has no authority. He appreciated the Mayor's efforts, but commented he always wanted an independent CRA Board and was disappointed when the CRA Board removed its two citizen members. The Advisory Board was being spoon fed about the information on which they can advise the City Commission. He read an email that indicated it may be unlawful if developers come before them to educate themselves on a project that the Board may feel strongly about. He liked the idea of giving consideration to an independent CRA. The City Commission was the only platform where he could speak about the matter and he pointed out there are significant issues forthcoming. He thought the City Commission should reconsider an independent CRA. Mayor Grant explained he wanted the CRAB to give advice and list the advantages and disadvantages of an independent board and no one was telling him why the City Commission was sitting as the CRA Board. He was trying to obtain the information and he pointed out advisory boards only advise. The City Commission can request agenda items for the CRAB. He requested CRAB agenda items be submitted to the City Commission or the Advisory Board submit items for the CRA Board. Linda Cross, 625 Casa Loma Boulevard, Chair of the CRA Advisory Board explained the CRA Advisory Board always thought its job was to advise the CRA Board and then learned it was the City Commission and now with the Resolution, they could advise both about projects in the CRA. The Advisory Board did not know it was only development projects that would use CRA money and land. They thought it was all development projects in the City. Ms. Cross understood due to legal issues with Planning and 1325 Meeting Minutes City Commission Boynton Beach, Florida 3, 2016 Development, the Board cannot insert itself into that process. Currently, the Advisory Board Agenda is the same as the CRA Board agenda. She requested clarification if the City Commission would add items to the agenda that do not use CRA funds or only items that use CRA money and land. Mayor Grant explained the City Commission and CRA Board could ask the Advisory Board to review whatever they assign. The Resolution is broad. Ms. LaVerriere asked how items would be brought forward. Mayor Grant replied the City Commission will have an item on the agenda called CRA Reports. The requests will come through the City Commission, but the CRA Advisory Board does not have to give a report to the City Commission, but would to the CRA Board regarding what is on the CRA Board's agenda. Ms. Brooks will take the CRA Agenda and send it to the Advisory Board first, and if there are any extra items from the City Commission, there will be a discussion item on the City Commission agenda. When the CRA Advisory Board makes a report to the City Commission, it will be for the following month. Ms. LaVerriere advised there will be a standard report item for the CRA Advisory Board on the City Commission Agenda. Ms. LaVerriere asked if any Commissioner can add an item to the agenda for the CRA Advisory Board and learned any Commissioner could. Commissioner Katz commended the Resolution remedied a major concern for the CRA Advisory Board, and preferred to allow the Resolution to play out. He commented they could discuss the make-up of the CRA Board, but did not think it appropriate, after passing a solution to the CRA Advisory Board's issue. He emphasized the Resolution resolved the matter. He supported the Resolution and favored the Advisory Board having the ability to advise the CRA Board and the City Commission and that any Commissioner can add an item to the agenda within their purview, but he was opposed to the CRA Advisory Board recommending changes to the CRA Board. The confusion will create instability. Mayor Grant agreed, but wanted to end the discussion of the CRA Board. Herb Suss commented he was aghast at the discussion. He agreed this was causing confusion and it was so badly handled they should start over and let the public know what is going on. He requested the City Commission table it and bring it back. Motion Commissioner Katz moved to table. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R16-067 - Amend Resolution R15-136 which created the Community Redevelopment Advisory Board. 19 1326 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 There was consensus for staff to create a process to be discussed during the Strategic Plan for an Ordinance review group. Ms. LaVerriere explained the City could recruit volunteers that are subject matter experts. There would be one or two topics per year, and the workgroup can study issues for the City, conduct research and make recommendations. It is a short -term, case specific type of study and the City Commission will define the topics. Staff will outline other best practices and bring a recommendation to the Commission along with other City initiatives. The Commission can determine if it is a priority to initiate the program, and if so, provide a few topics a year. Commissioner Casello asked where the work group would get their information and learned the group can research items and bring it to staff. Barbara Ready, 329 SW 13 Avenue, explained the City would not have a historic resources program, ordinance or planner, had they not asked for an ad hoc committee. They worked for 18 months, researched the program and Ordinance and presented it to the City and they now have a Historic Preservation program. Ms. LaVerriere pointed out the City utilized that process for the Green Alliance Task Force and the Brand Promise. B.Discussion by City Commission and action regarding maintenance or modification of the configuration of the Community Redevelopment Agency Board. (Tabled -TBD) Mayor Grant commented when this item was tabled, it did not specify an end date. Motion Commissioner Romelus moved to remove from the table. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Commissioner Katz noted the Board was modified and he did not like rapid change as it sends mixed messages to the development community and he has not had enough time to test or experience which configuration is the best. He did not favor changing the composition of the CRA Board in the next 6 to 12 months, unless there is fault with the current configuration. There was agreement to remove the item from the agenda. 29 1327 Meeting Minutes City Commission Boynton Beach, Florida May 17, 2016 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A.Reports B.Pending Items C.New Assignments Mayor Grant thought the CRA Advisory Board could conduct a City Services Survey using Survey Monkey and suggested the survey be citywide, not just in the CRA District. Commissioner Casello and Vice Mayor McCray favored a survey within the CRA District only. Mayor Grant noted the Financial Advisory Committee conducted the survey in the past, and the Advisory Board could make a recommendation to the City Commission. Attorney Cherof suggested the Commission assign a specific task to the Advisory Board which could be discussed at the next meeting. The survey could assess all City services and provide direction what is wanted in the CRA rather than what was learned from the CRA Workshop of what the City wants for the downtown Commissioner Katz had questions about the proposal. He wanted to discuss with staff and advised he would not support the item at this time. Mayor Grant commented a City Services Survey for the CRA item will be a pending item for the City to review. Mayor Grant agreed to bring a prior City Services Survey to the next meeting and the Commission can determine if it would be an appropriate task for the CRA Advisory Board. Ms. LaVerriere agreed to place the item on the agenda with prior surveys included in the back up. Motion Mayor Grant passed the gavel and moved to place the City Services Survey as a pending item for the CRA Advisory Board. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Motion Commissioner Romelus moved to add a meeting with the developers of Riverwalk to the CRA Advisory Board Agenda. Commissioner Casello seconded the motion. Vote The motion failed 2 -3 (Mayor Grant, Vice Mayor McCray and Commissioner Katz dissenting.) 30 1328 {00129562.1 306-9001821} Boynton Beach Community Redevelopment Agency MEMO Date: May 10, 2016 To: CRA Chair, Vice Chair and Board Members From: Vivian L. Brooks, Executive Director Re: Community Redevelopment Advisory Board Duties The City Commission created the Community redevelopment Advisory Board (CRAB) in October 2015 and appointed its seven members in December 2015. The resolution creating the CRAB had the CRAB advising the City Commission but not the CRA Board. On May 3, 2016, the City Commission further clarified the role of the CRAB by adopting a new resolution whereby the CRAB will now advise the City Commission and the CRA Board on matters assigned to it by either the CRA Board or City Commission. After conferring with City Manager, Lori LaVerriere, we propose the following guidelines for management of the CRAB agenda: A) The City Commission or CRA Board must approve, by majority vote, any assignment given to the CRAB. B) Only City Commissioners and CRA Board Members may request to place matters on the CRAB agenda. All requests by the CRA Board Member or City Commissioners shall be raised under the CRAB discussion item that will be added to both the CRA and City agenda template. See next item. C) Both the CRA and the City’s meeting agenda template will reflect a new section titled C Community Redevelopment Advisory Board (CRAB) with three subsections (Reports, Pending Items, and New Assignments). This will provide the opportunity for an individual member of the City Commissioner or CRA to raise a topic/assignment for the entire Commission or CRA to consider. D) When an assignment is given to the CRAB it will then show as a Pend ing Item on future agendas until the assignment is completed and reported back to the assigning board. Staff recommends that all assignments be given a deadline for reporting back to assist staff in following up on outstanding assignments with the CRAB. This will also provide transparency on all matters being reviewed by the CRAB. E) Once their assignment is complete and the CRAB is ready to present a report to the CRA or City Commission, then the Board shall submit their report to CRA staff or the City Clerk for publishing on the next available agenda. 1329 {00129562.1 306-9001821} F) When matters are assigned to the CRAB, reliance on staff should be minimized to the extent possible. Individual members of the CRAB may not assign work to CRA or City staff members. Research by the members of the Advisory Board should be done independently and with as minimal reliance on CRA or City staff as possible. This will ensure that work continues to be accomplished as staff will not be overwhelmed with new assignments. G) Absent any new assignments, the monthly CRAB agenda will mirror the CRA agenda on a monthly basis. 1330 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2020 Ben Rogatinsky thought it was perfect because he believed part of what the CRA does is they would advertise other CRA District businesses through the radio station. There is a lot of flexibility and they will work with the CRA marketing to get the most outreach to the community. Vice Chair Penserga attended Haitian Flag Day in Riviera Beach. Hundreds of people showed up and they have a longstanding reach. Motion Vice Chair Penserga moved to accept the letter of interest and begin negotiations. Board Member Romelus seconded the motion. The motion unanimously passed. E. Consideration of Neighborhood Sign Installation and Repair Grant Program Chair Grant commented he reviewed the program and thought the CRA did a great job. He recommended the program be throughout the CRA District, that there is no limit on the number of signs, and the funds were capped at $5,000 per association. Vice Chair Penserga agreed and it would be first come, first serve. An association could install as many signs as they wanted, but would only receive $5,000. Motion Board Member Romelus moved to approve the grant as stated Board Member Hay seconded the motion. The motion unanimously passed. Thuy Shutt, CRA Assistant Director, requested the Board's direction to allocate funds. Chair Grant thought the program was part of the budget they had previously seen in the amount of$25K and learned it was. The program would begin October 1St 16. CRA Advisory Board A. Pending Assignments B. Reports on Pending Assignments a. New Assignments Chair Grant wanted to have the CRA Advisory Board review of the CRA budget on their next meeting. 27 1331 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2020 Motion Board Member Hay so moved. Vice Chair Penserga seconded the motion. The motion unanimously passed. Chair Grant also spoke with the Executive Director about having the CRA Advisory Board review for sale commercial and industrial properties and to receive fair valuations of properties. He noted Homing Inn was listed for $10 million. He would like the Advisory Board to review three or four different commercial properties and make recommendations if the CRA should approve of the appraisal or help find owners. He thought by the CRA advertising the properties, it may attract parties interested in purchasing or redeveloping. He wanted to use the CRA Advisory Board if they would be used once a year. Vice Chair Penserga wanted to assign the CRA Advisory Board to review the properties and the RFP. Motion Chair Grant passed the gavel and moved to put three items on the agenda for the CRA Advisory Board which were the budget, three or four properties a month to review and make recommendations and to make recommendations for the RFP for the Cottage District. Board Member Romelus seconded the motion. The motion unanimously passed. 17. Future Agenda Items A. Discussion Regarding Prevailing Wage, Benefits and Apprenticeship Policies for CRA Procurement and Requests for Proposals B. Land Banking BB Blvd C. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update Chair Grant noted he received information about this item shortly before the meeting and he wanted to amend the agenda to briefly discuss it and then put it on the next agenda. Chair Grant noted he received an email from Mr. Simon indicating the additional eight units cost $1,897,848 based on a total per unit development cost excluding land of$235 981. He did not know if the units were two or three-bedroom units. It would increase the first mortgage by 680K and 12 needed from the CRA all at once of TIF $65K per year for 15 years. While FHFC won't object the additional units, it will need to be resolved as soon as possible. He wanted to give staff direction so if they need to speak to FHFC which was why he wanted the discussion now. Chair Grant favored moving forward with the additional units with TIF funding. 28 1332 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2020 Mr. Simon explained they needed direction because if they wait, they may miss the opportunity. Mr. Simon wanted consensus if the Board wanted to buy additional units. Vice Chair Penserga and Board Members Romelus and Hay supported the additional units. D. Consideration of the Request for Rental Terms and Dates for the Boynton Woman's Club for FY2020-2021 Meeting Dates at the Historic Woman's Club of Boynton Beach E. Discussion and Consideration of a Lease Extension to the City of Boynton Beach for the CRA Owned Property located at 209 N. Seacrest Boulevard 18. Adjournment Motion There being no further business before the Board, Vice Chair Penserga moved to adjourn. Board Member Romelus seconded the motion. The motion unanimously passed. The meeting was adjourned at 8:29 p.m. d t Catherine Cherry Id, Minutes Specialist 29 1333 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2020 August 17th, subject to legal review and tentative request for information deadline. The document will be on the November agenda. Mr. Simon asked if the direction is to have the results and submission to go to the CRA Advisory Board before the CRA Board or vice versa. Chair Grant commented the policy says they will see it on November 5th and the Board will see it on November 1oth. Staff will create a scoring sheet and the CRA Advisory Board can rank the responses. Motion Vice Chair Penserga moved to approve as stated by the Executive Director subject to Legal review. Board Member Hay seconded the motion. The motion unanimously passed. E. Discussion of a Lease to the City of Boynton Beach for the CRA Owned Property located at 209 N. Seacrest Boulevard. Mr. Simon explained this item was brought forward pre-emptively to see if the Board wants to work with the City to allow the City to remain as a tenant at the property at 209 N. Seacrest. The CRA is scheduled to close on the property on October 31 5\ and the City is using the space for their Internal Affairs Department and a few Town Square contractors. They want to continue there until other accommodations are made. It would be modeled after the lease used at the 115 Federal Highway temporary Library site. Chair Grant noted the City was paying $7,864K a month or $94,200 a year. Motion Board Member Hay moved to approve. Vice Chair Penserga seconded the motion. The motion unanimously passed. F. Consideration of a First Amendment to the Standard Contract Agreement with Granicus, LLC for the Website Design, Build, and Maintenance Services Mr. Simon explained this item was for five monthly payments of the fee to coincide with the work as opposed to payment in a lump sum. Motion Board Member Hay moved to approve. Vice Chair Penserga seconded the motion . The motion unanimously passed. G. Land Banking Along Boynton Beach Boulevard Corridor Mr. Simon explained this item was requested by a Board Member to focus on acquisitions and future acquisitions along the Boynton Beach Corridor from 1-95 to 12 1334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2020 Federal Highway. The discussion is if this is a high priority area and how to address that focus. The CRA has two commercial properties on 401 and 411 E Boynton Beach Boulevard and 217 N Seacrest Boulevard. He reviewed what was available for sale on the corridor and learned there are four. Staff needed direction. Chair Grant thought the Advisory Board should review the properties. Vice Chair Penserga agreed it was a priority area and he wanted staff to look at other properties. He has also seen hideous properties along the section that should be redeveloped that are not on the list. Board Member Hay agreed. Mr. Simon will provide the information to the CRA Advisory Board. Tom Devlin commented without having anything in the budget for acquisitions, it could not be acted on. Chair Grant explained these properties were listed for several years and the CRA Advisory Board can discuss it. Chair Grant will forward information to the Advisory Board. H. Discussion of Palm Beach County Housing Authority Chair Grant indicated the Palm Beach County Housing Authority had indicated they would receive an update and they would inform the CRA about their properties. He wanted to direct Legal to draft a letter citing their letter last year and sending it to the Secretary of Housing and Urban Development and the Director of theSE region stating their desire to work with HUDon these properties, citing how many years the properties were vacant and reaching out to Governor DeSantis who appoints people to the Palm Beach County Housing Authority Board. Attorney Rossmell commented she would draft a letter to bring back to the Board. Board Member Hay agreed with the statement and thought they should be moving forward the best they could to get started. The point of the letter is not to be adversarial, rather it is to be informative. There was consensus this item would be presented at the next meeting. 15. New Business A. Discussion and Consideration of a Letter of Intent from Ocean Avenue Residences and Shoppes, LLC for the CRA Owned Property Located at 115 N. Federal Highway Chair Grant explained the CRA Advisory Board reviewed the presentation. Chair Grant was happy there was developer interest in the property, but his concern was there was no reaching out to the individual property owners. By giving the developer the property, it would be a catalyst for other property owners to be a part of the project. He wanted to instruct Mr. Simon to formally reach out to the surrounding property owners so they can learn with they want or need, such as if they have to purchase or any other requirement, they can add that as a requirement that runs with the land. Bradley Miller, Urban Design Studio, 508 E. Boynton Beach Boulevard, explained he was present virtually along with Bill Morris and Sunny and Max Van Arnem, the principals of Ocean Avenue Residences and Shoppes LLC, who prepared and 13 1335 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 9, 2021 no change. She was concerned a fire could start when it rains heavily or there is lightning. She hoped something would happen this time. No one else coming forward. Public Comments was closed. 10. CRA Advisory Board A. CRA Advisory Board Meeting Minutes-January 7, 2021 B. Pending Assignments 1. Review of Commercial Properties within Boynton Beach Boulevard Corridor within CRA Area a. Reports on Pending Assignments Mr. Simon had a request from the Advisory Board on their pending assignments, which was a review of commercial properties on the Boynton Beach Corridor. They asked for further clarification on what the CRA Board is expecting as they report so they can close out the item. Chair Grant explained the Advisory Board has three options: indicate the property is something to land bank or buy; indicate if the property is something that may have value in the future; or indicate if the property does not fit the CRA's mission. Mr. Simon requested clarification that those options would apply to any commercial or industrial properties for sale and learned it was and it would be excellent if they provide a reason. Motion Board Member Katz so moved. Vice Chair Penserga seconded the motion. The motion unanimously passed. 11. Consent Agenda A. CRA Financial Report Period Ending January 31, 2021 B. Approval of CRA Board Meeting Minutes-January 12, 2021 C. Approval of Second Amendment to the Granicus, LLC Agreement for Website Design, Build and Maintenance Services D. Consideration of the Revised lnterlocal Agreement and the Purchase and Sale Agreement with the City of Boynton Beach for the Historic Woman's Club of Boynton Beach located at 1010 S. Federal Highway 5 1336 Minutes of the Community Redevelopment Agency Board Meeting Held on Tuesday, April 12, 2022, at 5:30 PM via GoToWebinar Online Meeting and Commission Chambers, City Hall, 100 E. Ocean Avenue, Florida Present: Ty Penserga, Board Chair Angela Cruz, Vice Chair Woodrow Hay, Board Member Thomas Turkin, Board Member 1. Call to Order Thuy Shutt, Executive Director Tim Tack, Assistant Director Kathryn Rossmell, Board Counsel Ty Penserga, Board Chair called the meeting to order at 5:30 p.m. 2. Invocation The Invocation was given by Board Member Hay . 3. Pledge of Allegiance Board Member Turkin led the Pledge of Allegiance to the Flag. 4. Roll Call A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Penserga offered the following amendments: • Moving the entire CRA Projects in Progress section 13 A through G to after Business. • Clear the pending assignments for CRA Advisory, Items 10 A 1 and 2. He noted there is a new board and the Board should determine new priorities • Leaving ltems14 C and F, 15 A on the table. The items are substantial policy decisions and they will appoint a new member to the CRA and he wants fifth member to participate in the discussion • Adding Agenda Publication Date and Deadlines to New Business. 1337 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida B. Adoption of Agenda Motion April 12, 2022 Board Member Vice Chair Hay moved to amend the agenda to move CRA Projects is Progress after New Business. Board Member Turkin seconded the motion . The motion passed unanimously. Chair Pensesrga requested a motion to clear CRA Advisory Board Assignment and tabling Items 14 C and F and 15 A and adding Agenda Publication Date and Deadlines to New Business. Motion Vice Chair Cruz so moved. Vice Chair Cruz moved to table Item 14 C . Board Member Turkin seconded the motion . The motion passed unanimously . Motion Vice Chair Cruz moved to table Item 14F. Board Member Turkin seconded the motion. The motion passed unanimously. Motion Board Member Hay moved to table item 15 A Vice Chair Cruz seconded the motion. The motion passed unanimously . Motion Vice Chair Cruz moved to add to New Business Publication Date and Deadlines. Board Member Board Member Hay seconded the motion. The motion passed unanimously. 6. Legal Kathryn Rossmell, Board Counsel , welcomed the new Board Members . No report was given. 7. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda Board Member Turkin disclosed he spoke with Nick Rojo briefly regarding 14 F . Board Member Hay had no disclosures. 2 1338 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 OLD BUSINESS AGENDA ITEM 14.D SUBJECT: Continued Discussion and Approval of the Purchase of the 13 Parcel Assemblage located at 444 W. Boynton Beach Boulevard SUMMARY: This assemblage is located within the Boynton Beach Boulevard District adjacent to the CRA's property (f/k/a The Boynton Inn) located at 480 W. Boynton Beach Boulevard (see Attachments I & II). One challenge of the Boynton Beach Boulevard District has been the lack of large parcels ready for redevelopment. Currently, this is the largest assemblage of property being offered for sale on Boynton Beach Boulevard. The 13 parcels are zoned C2- Neighborhood Commercial and R1A-Single Family (6 du/ac) with a future land use of Mixed- Use Low allowing 20 units per acre with a maximum height of 45'. This assemblage could be considered for a variety of redevelopment purposes as outlined in Attachment III. An appraisal was performed by Anderson Carr using the sales comparison approach which valued the assemblage at $7,700,000.00 (see Attachment IV). On January 8, 2026, the CRA Board discussed the purchase of 3.30 acres (143,684 sq. ft.- consisting of 13 parcels), located at 444 W. Boynton Beach Boulevard based on the following terms (see Attachment V): Properties to be delivered unoccupied Purchase Price $7,250,000 $350,000 deposit due seller 5 days from executed agreement 45 day due diligence period with extension if needed Closing date on or before March 14, 2026 Survey to be provided by seller Broker's commission to be paid by seller Seller to provide Owner's Title Policy On January 13, 2026, the Seller executed a Purchase and Sale Agreement which was brought before the CRA Board for discussion at a Special CRA Board Meeting on January 20, 2026 (see Attachment VI). The CRA Board requested staff to proceed with trying to acquire the three hold out parcels in order to have a complete assemblage from 480 W. Boynton Beach Boulevard to NW 3rd Street. This item is being brought back before the Board for an update and further discussion. 1339 •Attachment I - 13 Parcel Assemblage (444 W BBB) - PAPA Map •Attachment I - 13 Parcel Assemblage (444 W BBB) - Crexi.com •Attachment III - Boynton Beach Blvd. District •Attachment IV - Appraisal 444 W BBB •Attachment V - 01-08-2026 CRA Board Meeting Minutes •Attachment VI - Seller Executed Purchase and Sale Agreement FISCAL IMPACT: FY 2025-2026 Budget, Project Fund - 02-58200-401 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan – Boynton Beach Boulevard District CRA BOARD OPTIONS: 1. A pprove the Purchase and Sale Agreement for the 13 Parcel Assemblage located at 444 W. Boynton Beach Boulevard and authorize the Executive Director to set the Closing Date and to have signing authority subject to final legal review. 2. Do not approve the Purchase and Sale Agreement for the 13 Parcel Assemblage located at 444 W. Boynton Beach Boulevard. 3. Provide alternative direction based on CRA Board discussion. ATTACHMENTS: Description 1340 0 0.04 0.070.02MilesmScale: 1:2,257Date: 5/22/2025Time: 10:02 AM1341 w.crexi- Themmeral EstaxchangDetails Property Type Land, Mixed Use, Multifamily, Oce Subtype Apartment Building, Commercial, Residential Investment Type Redevelopment Investment Sub Type Value Add Square Footage 143,913 Net Rentable (sq ft)17,919 Price/Sq Ft $52.11 Cap Rate 6.31% Occupancy 100% NOI $473,604 Zoning C2 Neighborhood/ R1A Single Family Lot Size (acres)3.3 Broker Co-Op Yes Prime 13-Parcel Assemblage | 3.3 Acres | Cash-Flowing Opportunity in Address (13 locations) 444 Boynton Beach Blvd, Boynton Beach, FL 33435 Show on Map 450 Boynton Beach Blvd, Boynton Beach, FL 33435 Show on Map 221 NW 3rd St, Boynton Beach, FL 33435 Show on Map 416 Boynton Beach Blvd, Boynton Beach, FL 33435 Show on Map 432 Boynton Beach Blvd, Boynton Beach, FL 33435 Show on Map 449 NW 1st Ave, Boynton Beach, FL 33435 Show on Map 431 NW 1st Ave, Boynton Beach, FL 33435 Show on Map 435 NW 1st Ave, Boynton Beach, FL 33435 Show on Map 421 NW 1st Ave, Boynton Beach, FL 33435 Show on Map 411 NW 1st Ave, Boynton Beach, FL 33435 Show on Map 203 NW 3rd St, Boynton Beach, FL 33435 Show on Map 215 NW 3rd St, Boynton Beach, FL 33435 Show on Map 433 NW 1st Ave, Boynton Beach, FL 33435 Show on Map Show Less  Date Added Mar 18, 2025 Days on Market 64 days Time Since Last Update 64 days Marketing Description Listing Contacts William Cunningham PRO License: FL 3369482, FL 3369482 Phone Number: Sign Up or Log In to see phone number View my prole Active Asking Price:$7,500,000 Learn more Boynton Beach DevelopmentBoynton Beach Development SiteSite CASH FLOWING LAND ASSEMBLAGE View OM View Flyer Submit LOI Request Info   Street View  Gallery 15  Map View For Sale (/properties)Land (/prope… Subscribe to Intelligence for full access Analyze property details including ownership and nancial history. Share advanced property insights with your clients and teams.Subscribe Now Property Due Diligence 5/22/25, 9:42 AM Boynton Beach, FL | Crexi.com https://www.crexi.com/properties/1822348/florida-boynton-beach-development-site 1/51342 Boynton Beach, FL Seize this rare opportunity to acquire a highly desirable 13-parcel assemblage spanning 3.3 acres at the gateway entrance to Boynton Beach, FL. This income-producing property is strategically located in a high-growth corridor, oering both immediate cash ow and long-term development potential. Key Highlights: ✅ Strategic Location – Positioned at the main entrance to Boynton Beach, ensuring maximum visibility and accessibility. ✅ Income-Producing – A stabilized, cash-owing investment with strong existing tenants, providing immediate returns. ✅ Future Development Potential – Ideal for mixed-use, multifamily, retail, or commercial redevelopment, capitalizing on the area’s booming real estate market. ✅ High-Trac Area – Surrounded by thriving businesses, retail centers, and major roadways, making it a prime site for future growth. ✅ Rare Assemblage – Large, contiguous parcels are hard to nd in this high-demand area. Whether you’re an investor looking for passive income or a developer planning a transformative project, this prime Boynton Beach assemblage oers the perfect balance of cash ow and future upside. Don’t miss out on this exceptional opportunity in one of South Florida’s fastest-growing markets! Contact us today to discuss this exclusive oering. The Land Parcel Portfolio presented represents a unique investment opportunity in the vibrant city of Boynton Beach, Florida. Comprising a strategically curated selection of prime land parcels, this portfolio oers investors a chance to capitalize on the dynamic growth and development landscape of one of South Florida’s most promising markets. Situated in the heart of Palm Beach County, Boynton Beach boasts a strategic location with easy access to major transportation arteries, including Interstate 95 and Florida’s Turnpike. Its proximity to key urban centers such as Miami and West Palm Beach positions it as a hub for commerce, culture, and recreation. MARKET APPEAL Boynton Beach is experiencing a surge in economic activity driven by a growing population, robust tourism sector, and favorable business climate. With an expanding job market, ourishing healthcare industry, and a diverse array of cultural and recreational amenities, the city appeals to investors seeking long-term growth and stability. The Land Parcel Portfolio in Boynton Beach presents investors with the chance to participate in the city’s transformational growth story. With strong demand for real estate across various sectors, this portfolio represents a compelling opportunity to capitalize on the city’s upward trajectory. Strategic Investment-Positioned in a rapidly developing area with strong growth potential, oering an opportunity for strategic investment Investment Highlights Listing Contacts William Cunningham PRO License: FL 3369482, FL 3369482 Phone Number: Sign Up or Log In to see phone number View my prole Active Asking Price:$7,500,000 Learn more Boynton Beach DevelopmentBoynton Beach Development SiteSite CASH FLOWING LAND ASSEMBLAGE View OM View Flyer Submit LOI Request Info   Street View  Gallery 15  Map View For Sale (/properties)Land (/prope…Property Due Diligence 5/22/25, 9:42 AM Boynton Beach, FL | Crexi.com https://www.crexi.com/properties/1822348/florida-boynton-beach-development-site 2/51343 investment. Flexible Zoning-Zoned for multiple uses, including residential, commercial, or recreational, providing exibility for various development options. High Visibility-Located in a high-trac area with excellent visibility and exposure, ideal for retail or commercial ventures seeking maximum visibility. Valuation Calculator Loan Amount  $0.00 Annual Debt Service  $-- $-- Annual Cash Flow  $473,604.00 $39,467.00/mo Valuation Metrics Login or Sign up to see Valuation Metrics Sign up for Crexi to see valuation metrics for this property DSCR Cap Rate ROI  Valuation Calculator Purchase Price * $7,500,000 Net Operating Income * $473,604 Down Payment $7,500,000 100% Interest Rate * 0% - 100% Term (years)* Enter a Value Similar Properties See More (/properties/FL/Boynton_Beach/Land) $6,200,000 Jupiter Bay Development Site Final Development Plan Approval i… Unpriced Palm Beach Outdoor Storage Property Available for Sale or Lease  Opportunity Zone  Listing Contacts William Cunningham PRO License: FL 3369482, FL 3369482 Phone Number: Sign Up or Log In to see phone number View my prole Active Asking Price:$7,500,000 Learn more Boynton Beach DevelopmentBoynton Beach Development SiteSite CASH FLOWING LAND ASSEMBLAGE View OM View Flyer Submit LOI Request Info   Street View  Gallery 15  Map View For Sale (/properties)Land (/prope…Property Due Diligence 5/22/25, 9:42 AM Boynton Beach, FL | Crexi.com https://www.crexi.com/properties/1822348/florida-boynton-beach-development-site 3/51344 3255 Jupiter Blvd SE Palm Bay, FL 32909 REACTION COMMECRI… 100 Benoist Farms Rd West Palm Beach, FL 33411 View OM View Flyer Location Insights Listing Contacts William Cunningham PRO License: FL 3369482, FL 3369482 Phone Number: Sign Up or Log In to see phone number View my prole Active Asking Price:$7,500,000 Learn more Boynton Beach DevelopmentBoynton Beach Development SiteSite CASH FLOWING LAND ASSEMBLAGE View OM View Flyer Submit LOI Request Info   Street View  Gallery 15  Map View For Sale (/properties)Land (/prope…Property Due Diligence 5/22/25, 9:42 AM Boynton Beach, FL | Crexi.com https://www.crexi.com/properties/1822348/florida-boynton-beach-development-site 4/51345 *All information is deemed reliable but not guaranteed. Buyer to verify all information. Is there information that looks o? Report Home (https://www.crexi.com) Add Listing (https://www.crexi.com/add-properties) About Us (https://www.crexi.com/about-us) Blog (https://www.crexi.com/blog/) Careers (https://boards.greenhouse.io/crexi) Learn Center (https://learn.crexi.com/en/)  (//www.linkedin.com/company/commercial-real-estate-exchange-inc-/)  (//www.facebook.com/CREXinc/)  (//twitter.com/CREXinc)  (//www.instagram.com/crexi_cre/)  (//www.youtube.com/c/CREXi/featured) For assistance, reach out to our support team at support@crexi.com (mailto:support@crexi.com) or call 888.273.0423 (tel:8882730423) . Texas Real Estate Commission Information About Brokerage Services Consumer Protection Notice © 2025 Commercial Real Estate Exchange, Inc. All Rights Reserved. DRE #02086591 Do not sell or share my personal information (https://crexi.bigidprivacy.cloud/consumer/#/o2TCsG9LJ7) Tax Notices (https://www.crexi.com/tax- notices) Licensing (https://www.crexi.com/licensing) Terms & Conditions (https://www.crexi.com/tos) Privacy Policy (https://www.crexi.com/privacy) Additional Information Broker Name William Cunningham Broker License FL 3369482 Brokerage Name Coldwell Banker Broker Title Associate Broker Brokerage Address 1185 East Atlantic Avenue, Delray Beach, United States 33483 Listing Contacts William Cunningham PRO License: FL 3369482, FL 3369482 Phone Number: Sign Up or Log In to see phone number View my prole Active Asking Price:$7,500,000 Learn more Boynton Beach DevelopmentBoynton Beach Development SiteSite CASH FLOWING LAND ASSEMBLAGE View OM View Flyer Submit LOI Request Info   Street View  Gallery 15  Map View For Sale (/properties)Land (/properties/Land)…Property Due Diligence 5/22/25, 9:42 AM Boynton Beach, FL | Crexi.com https://www.crexi.com/properties/1822348/florida-boynton-beach-development-site 5/51346 w.crexi- Themmeral Estaxchang Details Property Type Mixed Use Square Footage 17,919 Units 13 Year Built 1965 Zoning C-2 This 13-property investment opportunity oers strong cash ow from day one, making it an excellent choice for investors seeking steady returns with signicant future upside. The portfolio is fully leased, generating consistent rental income, and strategically positioned in a high-growth area with increasing demand. Beyond the immediate cash ow, this investment presents a compelling long-term play, as the site holds tremendous potential for redevelopment. With the right vision and approvals, investors can capitalize on the opportunity to enhance value through a thoughtfully designed site plan, maximizing the property's future appreciation and income potential. Prime 13-Parcel Assemblage | 3.3 Acres | Cash-Flowing Opportunity in Boynton Beach, FL Seize this rare opportunity to acquire a highly desirable 13-parcel assemblage spanning 3.3 acres at the gateway entrance to Boynton Beach, FL. This income-producing property is strategically located in a high-growth corridor, oering both immediate cash ow and long-term development potential. Key Highlights: Strategic Location - Positioned at the main entrance to Boynton Beach, ensuring maximum visibility and accessibility. Income-Producing - A stabilized, cash- owing investment with strong existing tenants, providing immediate returns. Future Development Potential - Ideal for mixed-use, multifamily, retail, or commercial redevelopment, capitalizing on the area's booming real estate market. High-Trac Area - Surrounded by thriving businesses, retail centers, and major roadways, making it a prime site for future growth. Rare Assemblage - Large, contiguous parcels are hard to nd in this high-demand area. Whether you're an investor looking for passive income or a developer planning a Address 444 W Boynton Beach Boulevard, Boynton Beach, FL 33435 Show on Map Date Added Jun 29, 2021 Days on Market 1423 days Time Since Last Update 64 days Explore more in-depth Comp & Record details for this property. INTELLIGENCE Marketing Description Listing Contacts William Cunningham PRO License: FL 3369482, FL 3369482 Phone Number: Sign Up or Log In to see phone number View my prole Active Asking Price:$7,500,000 Learn more 444 W Boynton Beach444 W Boynton Beach Boulevard EBoulevard E MIXED USE | 17,919 SF View Flyer Submit LOI Request Info  Street View  Gallery 15  Map View Explore For Sale (/properties)… Subscribe to Intelligence for full access Analyze property details including ownership and nancial history. Share advanced property insights with your clients and teams.Subscribe Now Property Due Diligence 5/22/25, 9:34 AM 444 W Boynton Beach Boulevard, Boynton Beach, FL 33435 | Crexi.com https://www.crexi.com/properties/628372/florida-444-w-boynton-beach-boulevard-e 1/41347 transformative project, this prime Boynton Beach assemblage oers the perfect balance of cash ow and future upside. Don't miss out on this exceptional opportunity in one of South Florida's fastest-growing markets! Reach out today to discuss this exclusive oering. Whether you're looking for reliable passive income or a strategic redevelopment project, this investment oers the best of both worlds. Dialogue with city ocials has yielded support for a 187-unit redevelopment, inclusive of a 25% density bonus, enhancing the site's potential. We believe after those discussions that if a developer were to come with the right plan and vision there is a great opportunity to achieve around 250 units. Additionally, discussions with MSA, a respected local architectural rm with a track record in Boynton Beach, indicate alignment on the viability of redevelopment. Should this be of interest, MSA's proposal of services is available upon request. Powered by Beachesmls Learn More Valuation Calculator Loan Amount  $0.00 Annual Debt Service  $-- $-- Annual Cash Flow  $-- $-- Valuation Metrics Login or Sign up to see Valuation Metrics Sign up for Crexi to see valuation metrics for this property DSCR Cap Rate ROI  Valuation Calculator Purchase Price * $7,500,000 Net Operating Income * Enter an Amount Down Payment $7,500,000 100% Interest Rate * 0% - 100% Term (years)* Enter a Value Similar PropertiesSee More (/properties/FL/Boynton_Beach/Mixed-Use) Listing Contacts William Cunningham PRO License: FL 3369482, FL 3369482 Phone Number: Sign Up or Log In to see phone number View my prole Active Asking Price:$7,500,000 Learn more 444 W Boynton Beach444 W Boynton Beach Boulevard EBoulevard E MIXED USE | 17,919 SF View Flyer Submit LOI Request Info  Street View  Gallery 15  Map View For Sale (/properties)…Property Due Diligence 5/22/25, 9:34 AM 444 W Boynton Beach Boulevard, Boynton Beach, FL 33435 | Crexi.com https://www.crexi.com/properties/628372/florida-444-w-boynton-beach-boulevard-e 2/41348 $7,500,000 Boynton Beach Development … Cash Flowing Land Assemblage 13 LOCATIONS $8,450,000 Lauderhill Pointe INCOME PRODUCING • VALUE A… 3908 NW 19th St Lauderhill, FL 33311  View OM  Opportunity Zone View OM  Location Insights Listing Contacts William Cunningham PRO License: FL 3369482, FL 3369482 Phone Number: Sign Up or Log In to see phone number View my prole Active Asking Price:$7,500,000 Learn more 444 W Boynton Beach444 W Boynton Beach Boulevard EBoulevard E MIXED USE | 17,919 SF View Flyer Submit LOI Request Info  Street View  Gallery 15  Map View For Sale (/properties)…Property Due Diligence 5/22/25, 9:34 AM 444 W Boynton Beach Boulevard, Boynton Beach, FL 33435 | Crexi.com https://www.crexi.com/properties/628372/florida-444-w-boynton-beach-boulevard-e 3/41349 *All information is deemed reliable but not guaranteed. 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DRE #02086591 Do not sell or share my personal information (https://crexi.bigidprivacy.cloud/consumer/#/o2TCsG9LJ7) Tax Notices (https://www.crexi.com/tax- notices) Licensing (https://www.crexi.com/licensing) Terms & Conditions (https://www.crexi.com/tos) Privacy Policy (https://www.crexi.com/privacy) Additional Information Broker Name William Cunningham Broker License FL 3369482 Brokerage Name Coldwell Banker Broker Title Associate Broker Brokerage Address 1185 East Atlantic Avenue, Delray Beach, United States 33483 Listing Contacts William Cunningham PRO License: FL 3369482, FL 3369482 Phone Number: Sign Up or Log In to see phone number View my prole Active Asking Price:$7,500,000 Learn more 444 W Boynton Beach444 W Boynton Beach Boulevard EBoulevard E MIXED USE | 17,919 SF View Flyer Submit LOI Request Info  Street View  Gallery 15  Map View For Sale (/properties)…Property Due Diligence 5/22/25, 9:34 AM 444 W Boynton Beach Boulevard, Boynton Beach, FL 33435 | Crexi.com https://www.crexi.com/properties/628372/florida-444-w-boynton-beach-boulevard-e 4/41350 55 Boynton Beach Boulevard District Introduction Planning Challenges Planning Considerations The Vision Recommendations 1351 56D.District PlansIntroduction Currently there is no adopted plan for the Boynton Beach Boulevard corridor. There were public workshops held in 2005 to discuss the vision for the corridor, and many of the recommendations from those workshops are incorporated into this plan. There has been little redevelopment progress along the corridor at the scale envisioned by this Plan due to lack of developable parcels, no clear development vision and little to no public investment. The CRA invested in a public parking lot in 2015 to serve the future downtown growth. The Agency is currently in the planning phase for improvements to Boynton Beach Boulevard. The Boynton Beach Boulevard District consists of the Boynton Beach Boulevard corridor between I-95 and the FEC Railway. The District extends north to N.E. 3rd Avenue and south to W. Ocean Avenue (west of Seacreast Boulevard) and N.E. 1st Avenue (East of Seacrest Boulevard). This area is the main entry into the downtown from the I-95 exit and will therefore establish the first impression that visitors and many residents have of the City. The district also provides easy access to the City’s public beach, the Boynton Harbor Marina, City Hall, the Children’s Schoolhouse Museum and the Library. The areas directly north and south of the District are predominately large single-family neighborhoods. There is no buffer between the commercial uses fronting the corridor and residential uses which has held back property values in these neighborhoods. N Seacrest Blvd.FEC RailroadBoynton Beach Blvd. NE 1st Ave NE 3rd Ave W. Ocean Ave Planning Challenges As the City’s population grew, Boynton Beach Boulevard was widened to five lanes thereby accommodating higher traffic speeds and higher traffic volume, while lowering the aesthetic quality of the corridor. Additionally, commercial zoning only extends one-half block deep from Boynton Beach Boulevard which represents insufficient land necessary to support the land assembly and redevelopment for viable commercial uses. As a consequence, business activity along the corridor has primarily consisted of minimal conversion of single-family houses to commercial uses rather than redevelopment at the scale envisioned for this Plan. Nearly all of the parking for the businesses along the Boulevard is Figure 10: Boynton Beach District Location Map 1352 57 in front of the buildings meaning that in many cases, cars have to back out into traffic. There are numerous curb cuts for each commercial use along the corridor leaving little room for landscape improvements and the pedestrian zone. Due to the widening of the Boynton Beach Boulevard over the years, vehicular use has been emphasized over pedestrian or bike use. Under the current configuration of the roadway, there is insufficient right-of-way for landscaping, wider sidewalks, bike lanes, bus shelters and street furniture. Recently large utility poles were installed on the south side of the Boulevard adding to the visual blight of the corridor. There are only three signalized intersections that have formal pedestrian crossing zones. Pedestrians must walk several blocks in order to cross the Boulevard. There are no destinations along the corridor to attract the interest of visitors or residents other than City Hall and the Post Office. The majority of the businesses belong to the small service industry with few employees. The buildings are outdated, being constructed from the 1930’s to the 1970’s. The majority of the buildings are for single-tenant or single-use with no cross-access for pedestrian or vehicular circulation purposes or for sharing of parking resources. Additionally, there are no large parcels ready for redevelopment thereby requiring land assemblage and willing sellers. City Hall is located along Boynton Beach Boulevard but is envisioned to be relocated into the Cultural District as part of the Town Square project. City Hall and the other civic uses occupy 3.71 acres and offer an opportunity for a public-private partnership to facilitate a catalyst for redevelopment within the District. Figure 11: Examples of Districts Planning Challenges 1353 58D.District Plans1354 59 Figure 12: Historic Property on First Avenue Planning Considerations Several factors were considered in determining the land use designations for the Boynton Beach Boulevard District. Just east along the District is the location of the future site of the Tri-Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a ½ mile radius around the planned station. The DTOD district regulations support increased intensity of development through a 25% density bonus. The Boynton Beach Boulevard District and DTOD district overlap; only the area from I-95 to (approximately) N.W. 2nd Street is not included within the DTOD District. A second consideration is that the Boynton Beach Boulevard District is entirely enclosed within the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of I-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. The Plan recommends that the higher density and height occur within this District where both the TCEA and the TOD overlap. NW 1st Avenue Historic District: The potential NW 1st Avenue historic district contains thirteen properties, seven of which would be considered “contributing properties”. The designation process was applied but failed to produce a positive result (although the outcome of the vote was very close). It is recommended that the designation of a historic district be again explored in the future if there isn’t any assemblage of the properties on the north side of NW 1st Avenue for commercial development. In the meantime, the owners of the “contributing” sites will be contacted to determine their interest in applying for individual designation of their properties. 1355 60D.District PlansVision The Boynton Beach Boulevard District is envisioned to serve as a welcoming and beautiful entry into the Downtown District. Pedestrians will be encouraged to walk along the broad sidewalks in the shade of mature trees to visit the various stores and restaurants along the corridor. Bicyclists will safely travel along the corridor and will be able to park their bikes at one of the local shops where they’ll meet a friend for a cup of coffee. Visitors will be able to find their way to the marina, the Children’s Schoolhouse Museum and the Public Library using the various way finding signs along the corridor. Investors will see the value of developing in downtown Boynton Beach based on the public improvements and will begin to assemble land for development of mixed-use projects. Recommendations: Streetscape Streetscape enhancements are recommended for the Boynton Beach Boulevard District. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Implement a Complete Streets program for Boynton Beach Boulevard including the addition of: • On-street parking • Bike lanes • Enhanced median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Narrowing of travel lanes to create space for landscaping and wider sidewalks and to make the street safer for bicyclists and pedestrians. • Create a Pedestrian Zone adjacent to the right- of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8’ wide clear sidewalk Figure 13: Boynton Beach Blvd. District Streetscape Recommendations Area • Minimum 8’ wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Create a greenway along the north side of NW 1st Avenue per the Connectivity Plan • Create way finding signage to mark the entry into the City and brand the district • Install public art in key locations • Provide additional pedestrian crossings where needed • Underground overhead utilities 1356 61 Entrance enhancements •Signage / Gateway Intersection enhancements •Directional signage •Pavement / material •Landscaping •Public art location •Safe pedestrian crossing Intersection enhancements •Entry to Downtown •Directional signage •Pavement / material •Landscaping •Public art location •Safe pedestrian crossing 50Figure 14: Intersection enhancements on Boynton Beach Blvd. Figure 15: Example of streetscape enhancements on Boynton Beach Blvd. 1357 62D.District PlansFigure 16: Boynton Beach Blvd. Plan from I-95 to Seacrest Blvd. Figure 17: Boynton Beach Blvd. Section from I-95 to Seacrest Blvd. Boynton Beach Boulevard Design: West of Seacrest Boulevard 1358 63 Figure 18: Boynton Beach Blvd. Plan from Seacrest Blvd. to Federal Hwy. Figure 19: Boynton Beach Blvd. Section from Seacrest Blvd. to Federal Hwy. Boynton Beach Boulevard Design: East of Seacrest Boulevard 1359 64D.District PlansRecommendations: Land Use The predominant existing future land use designation along the Boynton Beach Boulevard corridor is Local Retail Commercial. Other future land use designations are Public and Private and Governmental/ Institutional (where City Hall is located) and Office Commercial. The Local Retail Commercial designation only extends one-half block to the north and south of Boynton Beach Boulevard. The lack of depth has prevented successful projects from being developed along the corridor. In order to encourage a vibrant corridor with the desired private development and public spaces, it is recommended that the following future land use changes be made: • From I-95 east to N.W. 1st Street, change Local Retail Commercial and Low Density Residential to Mixed-Use Low. The Mixed-Use Low land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N.W. 1st Street east to N.E. 3rd Street, change Local Retail Commercial, Public and Private Governmental/Institutional, Medium Density Residential, General Commercial to Mixed-Use Medium Future Land Use. The Mixed-Use Medium land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N. E. 3rd Street east to the FEC Railroad, change General Commercial, Industrial, Local Retail Commercial to Mixed-Use High future land use designation. The Mixed-Use High future land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. Below is a table showing the proposed land use and zoning designations that will apply along the Boynton Beach Boulevard corridor: Table 3: Recommended Future Land Use (FLU) Classifications within the Boynton Beach Blvd District *Properties located within the TOD may recieve a 25% density bonus * 1360 65 MU Low MU Med MU High MU Low •20 du/ac •Max height 45’ MU-Med •40 du/ac •Max height: 75’ •TOD Bonuses MU-High •80 du/ac •Max height 150’ •TOD Density Bonus LDR 55 Boynton Beach Blvd.Seacrest Blvd.Figure 20: Recommended Future Land Use for the Boynton Beach Blvd. District Boynton Beach Blvd.Seacrest Blvd.Figure 21: Boynton Beach Blvd. Example Projects 1361 66D.District Plans1362 67 Recommendations: Urban Design Create an overlay district for Boynton Beach Boulevard to control height at street frontage, building setback, design, uses, and overal character. • The building shall be setback to accommodate the pedestrian zone. • Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard. Automobile oriented uses, such as, gas stations and car washes, are prohibited. Drive-thrus are only permitted when not visible from right-of-ways and completely behind a structure. • Buildings fronting Boynton Beach Boulevard shall have maximized glazing on first floors. • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone. • Buildings fronting Boynton Beach Boulevard shall have a minimum height of 30’ • Buildings fronting Boynton Beach Boulevard shall be a maximum of 45’ in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10’ deep. • Parking shall be located to the rear or side of the property. MU-L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton Beach Blvd. • All buildings along Boynton Beach Blvd shall have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Boynton Beach Blvd. • Mixed use projects adjacent to single-family areas shall include greenways for proper buffering Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. Figure 22: Example Greenway Recommended on First Avenue 1363 68D.District PlansFigure 25: Boynton Beach Blvd. District Master Plan Figure 23: Example of Mixed Use Low Project on Boynton Beach Blvd. A A Boynton Beach Blvd. 1364 69 Figure 24: Example of Mixed Use Medium Project on Boynton Beach Blvd. B B Seacrest Blvd.1365 70D.District Plans1366 APPRAISAL OF A LAND ASSEMBLAGE OF 13 PARCELS TOTALING APPROXIMATELY 3.30 ACRES OR 143,684 SQUARE FEET LOCATED AT WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA 33435 FOR THERESA UTTERBACK, DEVELOPMENT SERVICES SPECIALIST BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BY ROBERT B. BANTING, MAI, SRA CERT GEN RZ4 AND WILLIAM H. SPENGLER CERT RES RD8462 WITH ANDERSON & CARR, INC. 2801 EXCHANGE COURT WEST PALM BEACH, FLORIDA 33409 DATE OF INSPECTION: APRIL 13, 2025 DATE OF REPORT: APRIL 18, 2025 CURRENT DATE OF VALUE: APRIL 13, 2025 A&C JOB NO.: 2250168.000 CLIENT REFERENCE: WEST BOYNTON BEACH BOULEVARD LAND ASSEMBLAGE 1367 2801 EXCHANGE CT, W. PALM BEACH, FL 33409 ANDERSONCARR.COM 561.833.1661 ANDERSON & CARR INC. April 18, 2025 Theresa Utterback Development Services Specialist Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Dear Ms. Utterback: Pursuant to your request, we have personally appraised the real property being a land assemblage of 13 parcels totaling approximately 3.30 acres, or 143,684 square feet. The subject property is located on the east end of the block, west of NW 3rd Street, between West Boynton Beach Boulevard and NW 1st Avenue. The property address is West Boynton Beach Boulevard, Boynton Beach, FL, 33435. The purpose of this appraisal is to estimate the market value of the fee simple estate of the subject property as of April 13, 2025. The intended use of the report is to assist the client and intended user in establishing a purchase or selling price. The intended user of this appraisal report is Boynton Beach Community CRA. This report has been prepared for no other purpose and for use by no other person or entity than for use by the client for the purpose stated herein. Any other use of this appraisal is considered a misuse and thus the appraisers will not be held responsible for any outcome associated with use by another entity or for another purpose. We have utilized the sales comparison approach to value, the most common method used for valuing properties such as the subject property. 1368 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 Theresa Utterback Page 2 April 18, 2025 As a result of our analysis, we have developed an opinion that the market value of the fee simple estate (as defined in the report), subject to the definitions, certifications, and limiting conditions set forth in the attached report, as of April 13, 2025 was: CURRENT MARKET VALUE (AS-IS): $7,700,000 This letter must remain attached to the report, which contains 74 pages plus related exhibits, in order for the value opinion set forth to be considered valid. Your attention is directed to the General Limiting Conditions contained within this report. Respectfully submitted, ANDERSON & CARR, INC. Robert B. Banting, MAI, SRA Cert Gen RZ4 William H. Spengler Cert Res RD8462 RBB/WHS:cmp 1369 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 TABLE OF CONTENTS Page No. Summary of Important Facts and Conclusions ......................................................................................................1 Certification ..............................................................................................................................................................3 General Limiting Conditions ...................................................................................................................................4 Extraordinary Assumptions .....................................................................................................................................6 Hypothetical Conditions ..........................................................................................................................................6 Area/Location Maps .................................................................................................................................................7 Survey/Plat .................................................................................................................................................................8 Aerial Photographs .................................................................................................................................................10 Subject Property Photos (Taken April 13, 2025) .................................................................................................11 Purpose and Date of Value ...................................................................................................................................15 Property Appraised ................................................................................................................................................15 Legal Description ...................................................................................................................................................16 Disclosure of Competency .....................................................................................................................................20 Intended Use and User ..........................................................................................................................................21 Client........................................................................................................................................................................21 Definitions ...............................................................................................................................................................21 Property Rights Appraised ....................................................................................................................................22 Typical Buyer Profile ..............................................................................................................................................22 Scope of Assignment ..............................................................................................................................................22 Palm Beach Metropolitan Statistical Area Analysis ............................................................................................24 Neighborhood Summary ........................................................................................................................................37 Property Data ..........................................................................................................................................................39 Taxpayers of Record ...........................................................................................................................................39 Palm Beach County Property Control Number(s) ..........................................................................................39 Assessed Value and Taxes for 2025 ..................................................................................................................39 Census Tract ........................................................................................................................................................41 Flood Zone Designation ....................................................................................................................................42 Zoning and Future Land Use ...........................................................................................................................42 Concurrency ........................................................................................................................................................44 Utilities ................................................................................................................................................................44 Subject Property Sales History ..........................................................................................................................45 Site Analysis ........................................................................................................................................................46 Highest and Best Use .............................................................................................................................................47 Exposure And Marketing Time .............................................................................................................................48 Sales Comparison Approach .................................................................................................................................49 Sales Summary and Discussion ..........................................................................................................................71 Conclusion ...........................................................................................................................................................74 Qualifications for Robert B. Banting, MAI, SRA, Cert Gen RZ4 Qualifications for William H. Spengler, Cert Res RD8462 Addendum: 1370 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 1 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: Theresa Utterback, Development Services Specialist Boynton Beach Community Redevelopment Agency Intended User Boynton Beach Community CRA Intended Use: Establishing a purchase or selling price Taxpayer of Record: Various KMG Holdings, LLC 3139 Lake Shore Drive, LLC YLS Holdings, LLC Property Rights Appraised: Fee simple estate Extraordinary Assumptions: None Hypothetical Conditions: None Unusual Market Externality: None Location: The site is located on the east end of the block west of NW 3rd Street, between West Boynton Beach Boulevard and NW 1st Avenue. Site/Land Area: The subject site contains 143,684 square feet or 3.30 acres. Zoning: C-2/Neighborhood Commercial, R1A/Single Family 6DU/ac by Boynton Beach Land Use Plan: OC, LRC, LDR / Office Commercial, Local Retail Commercial, Low Density Residential by Boynton Beach Flood Zone & Map Reference: Zone X (unshaded), Community Panel Number 12099C0789G, effective date of December 20, 2024 Census Tract: 0062.01 Current Use: Vacant Land, commercial & residential improved properties 1371 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 2 Highest and Best Use: Redevelopment Exposure Time: 10 - 15 months Marketing Time: 10 - 15 months Estimated Property Values: Value via Cost Approach: N/A Value via Income Capitalization Approach: N/A Value via Sales Comparison Approach: $7,700,000 CURRENT MARKET VALUE (AS-IS): $7,700,000 Date of Inspection: April 13, 2025 Date of Report: April 18, 2025 Date of Value: April 13, 2025 Appraisers: Robert B. Banting, MAI, SRA Cert Gen RZ4 William H. Spengler Cert Res RD8462 1372 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 3 CERTIFICATION I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported general limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, conclusions, and recommendations. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. William H. Spengler and Robert B. Banting, MAI, SRA have made a personal inspection of the property that is the subject of this report. As of the date of this report, Robert B. Banting, MAI, SRA has completed the continuing education program of the Appraisal Institute. No one provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. Robert B. Banting, MAI, SRA William H. Spengler Cert Gen RZ4 Cert Res RD8462 rbanting@andersoncarr.com bspengler@andersoncarr.com 561-833-1661 561-833-1661 1373 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 4 GENERAL LIMITING CONDITIONS 1. Unless otherwise stated, the value appearing in this appraisal represents our opinion of the market value or the value defined as of the date specified. Values of real estate are affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. Possession of this report or any copy thereof does not carry with it the right of publication nor may it be used for other than its intended use. The physical report(s) remains the property of the appraiser for the use of the client. The fee being charged is for the analytical services only. The report may not be copied or used for any purpose by any person or corporation other than the client or the party to whom it is addressed, without the written consent of an officer of the appraisal firm of Anderson & Carr, Inc. and then only in its entirety. 3. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations efforts, news, sales or other media without written consent and approval of an officer of Anderson & Carr, Inc. nor may any reference be made in such public communication to the Appraisal Institute or the MAI, SRA or SRPA designations. 4. The appraiser may not divulge the material contents of the report, analytical findings or conclusions, or give a copy of the report to anyone other than the client or his designee, as specified in writing except as may be required by the Appraisal Institute, as they may request in confidence for ethics enforcement or by a court of law or body with the power of subpoena. 5. Liability of Anderson & Carr, Inc. and its employees is limited to the fee collected for the appraisal. There is no accountability or liability to any third party. 6. It is assumed that there are no hidden or unapparent conditions of the property, sub-soil, or structures which make it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these facts. 7. This appraisal is to be used only in its entirety. All conclusions and opinions concerning the analysis which are set forth in the report were prepared by the appraisers whose signatures appear on the appraisal report. No change of any item in the report shall be made by anyone other than the appraiser and the appraiser and firm shall have no responsibility if any such unauthorized change is made. 8. No responsibility is assumed for the legal description provided or other matters legal in character or nature, or matters of survey, nor of any architectural, structural, mechanical, or engineering in nature. No opinion is rendered as to the title which is presumed to be good and merchantable. The property is valued as if free and clear of any and all liens and encumbrances and under responsible ownership and competent property management unless otherwise stated in particular parts of the report. 9. No responsibility is assumed for accuracy of information furnished by or from others, the clients, their designee, or public records. We are not liable for such information or the work of subcontractors. The comparable data relied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit when possible. All are considered appropriate for inclusion to the best of our knowledge and belief. 1374 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 5 10. The contract for appraisal, consultation or analytical service is fulfilled and the total fee payable upon completion of the report. The appraiser or those assisting the preparation of the report will not be asked or required to give testimony in court or hearing because of having made the appraisal in full or in part; nor engaged in post-appraisal consultation with client or third parties, except under separate and special arrangement and at an additional fee. 11. The sketches and maps in this report are included to assist the reader and are not necessarily to scale. Various photos, if any, are included for the same purpose and are not intended to represent the property in other than actual status as of the date of the photos. 12. Unless otherwise stated in this report, the appraisers have no reason to believe that there may be hazardous materials stored and used at the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. 13. If applicable, the distribution of the total valuation of this report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal, no matter how similar and are invalid if so used. 14. No environmental or impact studies, special market studies or analysis, highest and best use analysis study or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. Anderson & Carr, Inc. reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates or conclusions upon any previous or subsequent study or analysis becoming known to the appraiser. 15. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in this appraisal report. 16. The value estimated in this appraisal report is gross without consideration given to any encumbrance, lien, restriction, or question of title, unless specifically defined. The estimate of value in the appraisal report is not based in whole or in part upon the race, color, or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 17. It is assumed that the property conforms to all applicable zoning, use regulations, and restrictions unless a nonconformity has been identified, described, and considered in this appraisal report. 18. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the opinion of value contained in this report is based. 1375 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 6 19. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 20. This appraisal report has been prepared for the exclusive benefit of the client and intended users, Boynton Beach Community CRA. This report has been prepared for no other purpose and for use by no other person or entity than for use by the client for the purpose stated herein. Any other use of this appraisal is considered a misuse and thus the appraisers will not be held responsible for any outcome associated with use by another entity or for another purpose. ACCEPTANCE OF, AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF THE PRECEDING CONDITIONS. EXTRAORDINARY ASSUMPTIONS No Extraordinary Assumptions were utilized in the preparation of this appraisal. HYPOTHETICAL CONDITIONS No Hypothetical Conditions were utilized in the preparation of this appraisal. 1376 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 7 AREA/LOCATION MAPS 1377 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 8 SURVEY/PLAT Survey of the West Portion of the Assemblage 1378 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 9 Plat Map of the Middle and East Portions of the Assemblage Plat Map of East Portion Assemblage parcels fronting NW 3rd Street 1379 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 10 AERIAL PHOTOGRAPHS 1380 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 11 SUBJECT PROPERTY PHOTOS (TAKEN APRIL 13, 2025) Subject, Southeast corner Subject, Southwest Corner 1381 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 12 Subject, Northeast corner Subject, Northwest Corner 1382 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 13 West Boynton Beach Boulevard, looking West, Subject at left Northwest 3rd Street, looking South, Subject at right 1383 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 14 Northwest 1st Avenue, looking west, Subject at right 1384 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 15 PURPOSE AND DATE OF VALUE The purpose of this appraisal is to estimate the market value, fee simple estate, of the subject property as of April 13, 2025. PROPERTY APPRAISED The subject is a land assemblage of 13 parcels totaling approximately 3.30 acres, or 143,684 square feet. The subject property is located on the east end of the block, west of NW 3rd Street, between West Boynton Beach Boulevard and NW 1st Avenue. The property address is West Boynton Beach Boulevard Land Assemblage 13 Parcels, Boynton Beach, Florida 33435. Postal addresses, Property Control Numbers, site sizes and owners of the individual parcels are shown on the following table. A 10 foot by 150 foot right of way (owned by the City of Boynton Beach) to the east of 411 Northwest 1st Avenue, and to the west of 203 and 203 Northwest 3rd Street is not included in the analysis. Street Address PCN Acres SF Owner 416 W. Boynton Beach Blvd.08-43-45-28-11-000-0010 0.34 14,810 YLS Holdings, LLC 432 W. Boynton Beach Blvd.08-43-45-28-11-000-0050 0.34 14,810 KMG Holdings, LLC 444 W. Boynton Beach Blvd.08-43-45-28-27-000-0051 0.51 22,152 KMG Holdings, LLC 450 W. Boynton Beach Blvd.08-43-45-28-27-000-0052 0.22 9,583 KMG Holdings, LLC 411 NW 1st Avenue 08-43-45-28-11-000-0121 0.15 6,534 3139 Lake Shore Drive, LLC 421 NW 1st Avenue 08-43-45-28-11-000-0100 0.16 6,970 KMG Holdings, LLC 431 NW 1st Avenue 08-43-45-28-11-000-0081 0.18 7,841 KMG Holdings, LLC 433 NW 1st Avenue 08-43-45-28-11-000-0072 0.18 7,841 KMG Holdings, LLC 435 NW 1st Avenue 08-43-45-28-11-000-0071 0.18 7,841 KMG Holdings, LLC 449 NW 1st Avenue 08-43-45-28-27-000-0054 0.28 12,197 KMG Holdings, LLC 203 NW 3rd Street 08-43-45-28-10-001-0071 0.34 14,810 3139 Lake Shore Drive, LLC 215 NW 3rd Street 08-43-45-28-10-001-0031 0.29 12,632 3139 Lake Shore Drive, LLC 221 NW 3rd Street 08-43-45-28-10-001-0010 0.13 5,663 KMG Holdings, LLC 1385 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 16 LEGAL DESCRIPTION The legal descriptions for the subject’s 13 parcels are taken from the deeds of the most recent transactions recorded in the Palm Beach County Official Records: 449 Northwest 1st Avenue 1386 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 17 444 West Boynton Beach Boulevard 1387 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 18 431, 433, 435 Northwest 1st Avenue 1388 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 19 432 West. Boynton Beach Boulevard 421 Northwest 1st Avenue 411 Northwest 1st Avenue 416 West Boynton Beach Boulevard 221 Northwest 3rd Street 1389 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 20 215 NW 3rd Street 203 Northwest 3rd Street DISCLOSURE OF COMPETENCY Per the Competency Rule contained within the Uniform Standards of Professional Appraisal Practice, the appraisers hereby affirm that they are competent to complete the appraisal assignment for which they have been engaged by the client. 1390 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 21 INTENDED USE AND USER The intended use of this report is to assist the client and intended user in establishing a purchase or selling price. The intended user of the report is Boynton Beach CRA. This report has been prepared utilizing generally accepted appraisal guidelines, techniques, and methodologies as contained within the Uniform Standard of Professional Practice (USPAP), as promulgated by the Appraisal Foundation. CLIENT Ms. Theresa Utterback Development Services Specialist Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 DEFINITIONS Market Value The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) Buyer and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) The price represents normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and the Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237, December 10, 2010). 1391 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 22 PROPERTY RIGHTS APPRAISED The property rights appraised are those of the fee simple estate. Fee simple estate is defined as absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat (The Dictionary of Real Estate Appraisal, 7th ed., Chicago: Appraisal Institute, 2022). TYPICAL BUYER PROFILE We found that buyers of similar properties in this market are primarily investors who are purchasing property in this urban infill area for assemblage for potential redevelopment. The sales comparison approach reflects the actions of typical buyers. SCOPE OF ASSIGNMENT The traditional appraisal approaches include the cost approach, the sales comparison approach, and the income capitalization approach. We have considered all three approaches in this assignment, and determined the sales comparison approach to be applicable in this assignment. The cost and income capitalization approaches are not applicable in the valuation of land. In the process of gathering data for the sales comparison approach to value, we conducted a search of our appraisal files and public information sources such as the Palm Beach County Property Appraiser’s public access system and the Palm Beach County Clerk’s Office, as well as subscription-based information services such as CoStar.com for comparable sales in the relevant market area. We searched for the most similar sales to the subject property. The sales ultimately selected for further analysis were the best comparable sales we were able to find in this market. We obtained and verified additional information on the comparable properties with a party to the transaction, or a broker or agent of the parties when possible. We inspected the exterior of the subject property and the comparables. Physical data pertaining to the subject property was obtained from an inspection of the premises and public information sources such as the Palm Beach County Property Appraiser’s records. Other data pertaining to the subject property was obtained from the Palm Beach County Clerk’s and Tax Collector’s offices and local planning and zoning departments. The product of our research and analysis is formulated within this report for analysis of and direct comparison with the subject property being appraised. Additionally, we have used original research performed in preparation of other appraisals by this office, which is considered appropriate for the subject property. We make no warranty as to the authenticity and reliability of representations made by those with whom we verified sales, rental, and other information. We have taken due care in attempting to verify the data utilized in this analysis. We based our analysis and conclusions on overall patterns rather than on specific representations. 1392 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 23 Per USPAP Standard Rule 2-2 this analysis is an Appraisal Report presented in written format. The analysis and conclusions of this appraisal assignment are presented in a narrative appraisal report. 1393 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 24 PALM BEACH METROPOLITAN STATISTICAL AREA ANALYSIS Geography Palm Beach County is located along Florida’s Southeast coast. It is bordered by Martin County to the north, Hendry and Glades Counties to the west, Broward County to the south and the Atlantic Ocean to the east. The northwestern portion of the county is made up of Lake Okeechobee, the largest freshwater lake in Florida. The County is located approximately 80 miles north of Miami and 260 miles south of Jacksonville. Palm Beach County encompasses approximately 2,203 square miles with roughly 1,974 square miles of land area, 229 square miles of water, and 47 miles of coastline. According to the U.S. Census Bureau’s 2015 estimate, Palm Beach County has a population of 1,422,789; an increase of 7.8 percent from the 2010 census statistics of 1,320,134. The vast majority of the county’s growth has been a result of in-migration from the northern states as well as from Miami-Dade and Broward Counties to the south. Palm Beach County ranks as the third most populous county in Florida behind Miami-Dade and Broward Counties. The County includes 38 incorporated municipalities; the largest of which is West Palm Beach, the county seat. Boca Raton, located at the south end of the County, is the second largest city and one of the highest income retail trade areas in the United States. Miami-Dade, Broward and Palm Beach Counties are known as the “Gold Coast”. This area is approximately 110 miles from north to south, but only 20 miles wide at its widest points. This is the second longest urbanized area in the United States, just behind the New York Metropolitan area. 1394 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 25 Transportation Vehicular Travel Interstate 95 is a major north/south thoroughfare that connects Palm Beach County to the southeastern and northeastern portions of the state, and then continues along the Eastern Seaboard to Maine. Florida’s Turnpike also passes through the county and provides connections to Miami-Dade and Broward Counties to the south and Orlando to the north, connecting with I-75 around Leesburg, FL. Other north/south highways include A1A, U.S. Highway 1, Congress Avenue, Military Trail and U.S. 441. A1A connects the coastal communities along the eastern edge of the county while U.S. 441 connects the more western communities such as Wellington and Jupiter Farms. There are numerous local east/west roadways with Southern Boulevard and Blue Heron Boulevard providing access to the most western portions of the county including Belle Glade, as well as Florida’s West Coast. Airport Palm Beach International Airport (PBI) is centrally located 2.5 miles from downtown West Palm Beach and adjacent to I-95 providing air service for communities throughout Palm Beach County. PBI opened in 1988 and has expanded over the past 30 years. There are currently fourteen major airlines operating with numerous domestic flights and international flights to the Bahamas and Canada. The airport’s growth necessitated a direct access overpass interchange with I-95 which significantly improved ingress and egress for the airport. Palm Beach County is also home to four commercial executive airports. Rail Service and Transit There are two main rail corridors in Palm Beach County, the Florida East Coast railway and CSX railway, partially owned by the Florida Department of Transportation to run the Tri-Rail commuter trains. AmTrak is a passenger train than runs throughout the county connecting passengers to other parts of the country. Brightline, the express intercity high-speed rail system runs service between Miami and West Palm Beach with stops in Ft. Lauderdale and Aventura. It began service in May 2018, with an extension from West Palm Beach to Orlando via Melbourne currently under construction. Palm Tran is Palm Beach County’s public transportation provider for fixed route passenger bus service. It also operates Palm Tran CONNECTION and provides paratransit services for qualified users. Local municipalities and Tri-rail provide various trolley and shuttle services throughout Palm Beach County. Port of Palm Beach and Intracoastal Waterway The Port of Palm Beach is located in Riviera Beach, FL and is an independent taxing authority district with a five-member Board of Commissioners. It has an annual cargo tonnage of 5.1 and passenger traffic of 550,000. It is the fourth busiest container port of Florida’s 14 deepwater ports and 18 th in the United States. Unlike most ports in the US, the Port of Palm Beach is an export port, with approximately 80% of its cargo being exported. The majority of the cargo goes to support the island nations of the Caribbean, supplying 60% of everything consumed in The Bahamas. The Intracoastal Waterway represents one of Palm Beach County’s most identifiable marine destinations. Roughly 43 miles of waterway serves as a regional connector between 23 of the County’s municipalities. 1395 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 26 Economy At 2,000 square miles, Palm Beach County is the largest in area for the State of Florida. The county had experienced favorable demographic and economic conditions over the past five years until March 2020 with the onset of COVID-19. Although job and demographic growth had outpaced the U.S. across the board for the past several years, this area was dramatically impacted by the coronavirus pandemic which caused economic conditions to change rapidly across the world. In mid-2021 through 2023, the economy recovered and prices were escalating at a swift pace in the Palm Beach Metro Area with signs of a stabilized prices occurring in early 2024. The County’s current population of 1.5 million has grown by close to 15% over the past decade, more than double the rate of the remainder of the country. In early 2020, the county’s labor market had grown by 15% over the past five years. The unemployment rate according to the U.S. Bureau of Labor Statistics for December 2024 was 3.5% with an annual change of 0.6%. Palm Beach County has benefited from Florida’s lack of a state income tax and post-pandemic has seen an even greater influx of wealthy individuals bring significant parts of their wealth and business to the area. The tax dynamic, combined with a very strong business services infrastructure and a large talent pool, has created more jobs. Palm Beach County’s 650,000 strong labor force is service driven, with over 80% of the labor force employed in private service provision. Trade and transportation are the largest sectors with close to 20% of the county’s jobs. Palm Beach County’s agricultural output ranks the highest in the state nearly doubling that of Miami-Dade. It consists of over 1,400 farms with over $1 billion in sales of crops and a $10 billion economic impact. The largest employer in Palm Beach County is the Palm Beach County School Board, the tenth largest school district in the United States, with close to 23,000 employees, 197,000 students and a $4.1 billion dollar budget for the 2023-2024 school year. Palm Beach County employment by industry is shown in the following table. 1396 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 27 Job opportunities have returned to Palm Beach County and a growing number of people are moving to the area from other states. The nation’s economy is currently experiencing inflation along with rising interest rates; however, the local economy remains strong due to high demand. The diversity of Palm Beach County’s workforce with no one industry accounting for more than 20% of the jobs has helped to insulate the market from higher losses. 1397 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 28 Commercial Real Estate Industrial Palm Beach’s trailing 12-month industrial net absorption has slowed to 540,000 SF, down from elevated levels of 2.2 million SF during early 2022. Small tenant move-outs, 70% occupying spaces of less than 20,000 SF, drove the slowdown since the second half of 2023, resulting in rising vacancies from a low of 2.5% in 2022 to 6.2% as of the fourth quarter 2024. Despite a slower economic environment weighing on lease volume, there remains a limited availability of existing space with vacancies remaining below the U.S. average of 7.0%. The Palm Beach industrial market remains a critical logistics hub as it provides access to the large population pool in South Florida, the ninth-largest U.S. metropolitan statistical area in terms of population. Despite ranking fourth after Jaxport, Port Miami and Port Everglades in containerized cargo flows, the Port of Palm Beach provides significant infrastructure for business in the area. The continued rise of buying power in Palm Beach coupled with a lack of available space in Ft. Lauderdale and Miami should continue to help drive businesses northward into the market. Despite recent gains, slowing demand and rising vacancies since 2023 have resulted in a moderation in rent gains from peak levels of around 12% year-over-year recorded in 2022. Further deceleration is likely as higher interest rates weigh on economic growth. That said, Palm Beach’s industrial rent growth remains one of the strongest in the nation, with vacancies set to remain below the U.S. average, below 6% over the forecast period. 1398 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 29 1399 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 30 Office The Palm Beach County Metro can be categorized as one of the nation’s larger metros. Office rents in Palm Beach were growing at a 3.6% annual rate during the fourth quarter 2024 and early 2025, though gains have moderated, falling below the three-year average annual rent growth of 6.7%. Although vacancies have expanded recently to 8.6%, these remain below the ten-year average of 9.3% as of the fourth quarter 2024 and early 2025. Available office space in Palm Beach has risen since the 3rd quarter 2022, with net absorption turning negative in 2023 and again in 2024. Despite the recent softening, longer-term trends in the market continue to indicate a preference for 4 and 5 star office space located in the market’s CBD, with more than 50% of the demand in Palm Beach concentrated in the 4 and 5 star assets since 2019, and over 60% of 4 and 5 star demand concentrated within the CBD over the same time period. However, less expensive locations like North Palm Beach have seen healthy tenant demand in the last few months. As local tenants look for lower leasing costs, West Palm Beach and Boca Raton, which have some of the highest asking rents in the market, have seen leasing activity moderate to around 85% and 80% of the 2015-2019 average levels, respectively. Transaction volume has moderated since 2023, with $481 million trading in the last twelve months, below the $1.0 billion traded on average in the last five years. Despite this near-term slowdown, the Palm Beach market remains attractive on a relative basis as vacancy rates, which remain well below the national average at 14% and positive rent gains, suggest the market may be somewhat insulated from future economic uncertainty when compared to its high-growth peer markets. Still a near-term pullback in institutional buyer activity will likely continue as rising vacancies, softer rent gains, and still-elevated interest rates impact value creation and investment decisions. 1400 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 31 1401 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 32 Retail Palm Beach retail leasing activity has slowed over the past 12 months, with over 1.5 million SF leased in 2024, down from recent peak levels of over 2.4 million SF leased as of the third quarter of 2021. This slowdown in leasing activity is mainly driven by a lack of available space, as total leased SF now makes up over 13% of available space, up from around 11% on average from 2015-2019. Still, net absorption has remained positive over most of the last three years, with the exception of the first quarter of 2024, which saw some minor move-outs. Over the past few years, the influx of high-net-worth individuals continues to further bolster Palm Beach resident spending. Elevated retail sales have helped drive strong rent gains for retail space in the area, with annual growth at 5.6%, though this has slowed from peak levels of 7.8% in the third quarter of 2023. Most space availability remains concentrated in general retail and neighborhood centers, which make up the largest share of retail inventory in the market. Still, available space remains at or near the lowest levels seen over the past decade across all segments. Going forward, space availability is unlikely to improve significantly as tenant move-outs remain below historical averages. Transaction volume has slowed, with $652 million in trades over the past 12 months, below the five-year annual average of $903 million. Despite strong fundamentals of tight vacancies and healthy rent gains, higher interest rates, which are driving cap rates higher, are resulting in a drop in pricing. 1402 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 33 1403 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 34 Multi-Family Palm Beach multi-family demand continues to grow at an above average pace, with apartment absorption over 4% annually in 2024, relative to 3 % growth for the U.S. Still, following national trends, demand has slowed from peak levels of over 8% annual growth seen in the third quarter 2021. Additionally, delivery of new apartment units has outpaced absorption since 2023, resulting in a rise in vacancy rate from a low of 3.7% in 2021 to 7.8% as of the end of the fourth quarter 2024. Over 1,200 units broke ground in 2024, and constructions starts remained elevated in 2023, with over 2,800 units breaking ground. While new supply additions peaked in 2024, totaling over 4,800 units, this follows an already elevated pipeline, leaving the market with a significant supply overhand in the near term. Higher financing costs are beginning to slow development activity, which will likely limit supply growth past 2026, allowing vacancies to come down from elevated levels over the long term. Going forward, higher costs, specifically for insurance, along with softer rent gains and elevated interest rates, will continue to impact activity and pricing. Still, institutional investors have made up a larger share of buyers over the last year relative to the prior five-year average, indicating an elevated interest in the market. 1404 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 35 Residential Real Estate 1405 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 36 Conclusion Palm Beach County continues to demonstrate strong economic resilience and growth, driven by in - migration, a diversified workforce, and its status as a key business and tourism hub. Despite challenges such as rising vacancies in the industrial and office sectors and a slowdown in retail leasing activity, the county’s overall real estate market remains robust. The multi-family sector, while experiencing short-term oversupply, continues to attract institutional investment, and long-term demand fundamentals remain favorable. The county's strategic location, well-developed transportation infrastructure, and lack of a state income tax have positioned it as an attractive destination for businesses and high-net-worth individuals. While rising interest rates and economic uncertainties may impact short-term investment activity, Palm Beach County’s broad employment base and strong demand for residential and commercial real estate suggest continued stability. Looking ahead, limited land availability and sustained population growth will likely drive further development, supporting long-term economic expansion and maintaining Palm Beach County’s position as a highly desirable market. 1406 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 37 NEIGHBORHOOD SUMMARY The subject property is located just west of downtown Boynton Beach along the Boynton Beach Boulevard Commercial corridor. The neighborhood's boundaries are I-95 to the west, Federal Highway to the east, Woolbright Road to the south, and Gateway Boulevard to the north. To the west of the Central Business District lies the Ocean District Community Redevelopment district. The redevelopment district boundaries are Northeast 3rd Avenue to the north, Southeast 2nd Avenue to the south, Seacrest Boulevard to the west and the FEC Railroad tracks to the east. The district is characterized by older commercial properties along the major thoroughfares with moderately priced single-family residences in the interior neighborhoods. The neighborhood has good access. The primary thoroughfares are Boynton Beach Boulevard, Federal Highway, and Ocean Avenue. Boynton Beach Boulevard provides access to the Congress Avenue commercial district, a busy retail area, as well as recently developed residential areas lying west of the city. Ocean Avenue provides access to State Road A1A and wealthy beach communities. Federal Highway traverses Palm Beach County's older coastal neighborhoods. Federal Highway also provides access to Atlantic Avenue in downtown Delray Beach, an older commercial district that has redeveloped with a thriving restaurant and nightlife area. 1407 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 38 The City of Boynton Beach has been advocating redevelopment in the downtown area and the CRA has been active in acquiring properties in the neighborhood for several years. Ocean Avenue underwent streetscape modification. East Ocean Avenue is seen as the “main street” of the downtown area as its volume of traffic is less than that of other main thoroughfares in the district. One of the goals for East Ocean Avenue is to make it a pedestrian friendly area of mixed-use properties along with the public use properties within the district. The Intracoastal waterfront and Ocean Avenue east of Federal Highway has been almost totally renovated. The South Federal Highway corridor from Boynton Beach Boulevard extending to the south is composed of mixed commercial and residential uses. Improvements along this stretch of South Federal Highway are primarily characterized by older neighborhood shopping centers, miscellaneous stores, motels and auto related facilities. The subject property falls within an area of the community redevelopment plan. The community redevelopment plan basically calls for enhancement of existing uses; civic in the west, commercial along Boynton Beach Boulevard, multi-family in the center and single family in the south. It appears that primarily commercial uses were intended between 3rd Street and the CSX Railroad. This area from about Southeast 1st Street to north of Boynton Beach Boulevard contains older properties including several houses, several vacant tracts, and a number of commercial uses. This area is now destined for mixed use with multi-family projects approved that include commercial space on Boynton Beach Boulevard, and Ocean Avenue. The 4.7-acre full city block located at the southwest corner of Federal Highway and Ocean Avenue was assembled during the last development cycle but recessionary influences delayed its development. However, it has now been developed as 500 Ocean and includes 341 residential rental units in a six-story building with 13,800 square feet of retail space on the first floor along Ocean Avenue with 6,600 square feet of office space on the second floor of the Ocean Avenue frontage. This has served as a foundation and catalyst for several more mixed-use projects that have been proposed and/or approved in the immediate vicinity. Another catalyst is the recent redevelopment of the City’s aging municipal facilities in the southwest quadrant of Boynton Boulevard and Seacrest Boulevards. Privately owned parcels in the vicinity had been assembled by a developer and replatted in conjunction with City owned property (the new plat was filed in 2018) as part of a mixed use private/public redevelopment project (Boynton Beach Town Square) in partnership with the City of Boynton Beach. The developer was to develop a portion of the larger project with municipal facilities for the city and the balance with private apartments and commercial space. The developer constructed only a portion of the project (municipal facilities) and was later sued by the city. The resulting settlement included a payment to the City ($4.5 million plus legal fees) and the agreement to sell this portion of the larger project to another developer who agreed to move forward with the private apartment and commercial portion of the project. The portion of the project included in this sale was reported to be approved for roughly 23,000 square feet of retail space, 898 residential units as well as associated parking structures, portions of which will be utilized for the City's municipal facilities. In general, the single and multi-family housing in the area is dated but in generally average condition. The commercial uses on Ocean Avenue and off of Boynton Beach Boulevard are also dated but have seen some recent renovation. Revitalization of the subject neighborhood is evident from the renovations along Boynton Beach Boulevard including noticeable renovations and new construction of the civic facilities, and the new 500 Ocean project and the many new proposed/approved projects in the downtown core area. 1408 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 39 PROPERTY DATA Taxpayers of Record KMG Holdings, LLC, 3139 Lake Shore Drive, LLC, YLS Holdings, LLC Palm Beach County Property Control Number(s) PCN 08-43-45-28-11-000-0010 08-43-45-28-11-000-0050 08-43-45-28-27-000-0051 08-43-45-28-27-000-0052 08-43-45-28-11-000-0121 08-43-45-28-11-000-0100 08-43-45-28-11-000-0081 08-43-45-28-11-000-0072 08-43-45-28-11-000-0071 08-43-45-28-27-000-0054 08-43-45-28-10-001-0071 08-43-45-28-10-001-0031 08-43-45-28-10-001-0010 Assessed Value and Taxes for 2025 The following information was taken from the Palm Beach County Property Appraiser's and Tax Collector's web sites. Land Improvements Extra Feature Value Total Market Value Assessed Value Exemption Amount Taxable Value Ad Valorem Tax Non Ad Valorem Tax Total Tax 08-43-45-28-11-000-0010 $468,000 $892,183 $0 $1,360,183 $1,360,183 $0 $1,360,183 $27,284 $3,024 $30,308 08-43-45-28-11-000-0050 $387,293 $402,106 $0 $789,399 $735,125 $0 $735,125 $15,089 $1,448 $16,537 08-43-45-28-27-000-0051 $392,732 $255,210 $0 $647,942 $429,793 $0 $429,793 $9,999 $1,617 $11,616 08-43-45-28-27-000-0052 $130,875 $0 $0 $130,875 $54,505 $0 $54,505 $1,576 $0 $1,576 08-43-45-28-11-000-0121 $118,800 $208,154 $0 $326,954 $326,954 $0 $326,954 $6,559 $339 $6,898 08-43-45-28-11-000-0100 $118,800 $152,880 $0 $271,680 $271,680 $0 $271,680 $5,450 $339 $5,789 08-43-45-28-11-000-0081 $123,420 $0 $0 $123,420 $73,292 $0 $73,292 $1,787 $0 $1,787 08-43-45-28-11-000-0072 $123,420 $0 $0 $123,420 $73,292 $0 $73,292 $1,787 $0 $1,787 08-43-45-28-11-000-0071 $123,420 $0 $0 $123,420 $73,292 $0 $73,292 $1,787 $0 $1,787 08-43-45-28-27-000-0054 $192,500 $0 $0 $192,500 $121,426 $0 $121,426 $2,885 $0 $2,885 08-43-45-28-10-001-0071 $133,100 $183,615 $0 $316,715 $316,715 $0 $316,715 $6,353 $339 $6,692 08-43-45-28-10-001-0031 $329,569 $169,763 $0 $499,332 $499,332 $0 $499,332 $10,016 $750 $10,766 08-43-45-28-10-001-0010 $177,629 $159,316 $0 $336,945 $306,251 $0 $306,251 $6,337 $756 $7,093 Totals $2,819,558 $2,423,227 $0 $5,242,785 $4,641,840 $0 $4,641,840 $96,909 $8,612 $105,521 2024 SUBJECT ASSESSMENTS & TAXES Parcel ID Appraised Value Assessed and Taxable Values Taxes 1409 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 40 A typical informed buyer would recognize the possibility of a reassessment following a sale of the property and the possibility that taxes could change as a result, if the assessed value is substantially different than the true market value. That said, the subject appears to be under assessed based on the market value conclusion contained herein. We believe a prudent investor would calculate their potential property tax liability based on an assessment reflective of whatever sale price they are proposing to pay. Our value conclusion does not discount for any taxes owed on the property, current or delinquent. The value assumes the property is free and clear and not subject to any prior year’s delinquencies or outstanding tax certificates. The appraisers strongly suggest any potential buyer, mortgagee, or other investor in the property fully investigate the tax status of the subject property with the County’s Tax Collectors office. 1410 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 41 Census Tract The subject property is located in census tract 0062.01. Census Tract Map 1411 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 42 Flood Zone Designation The subject property is located on the National Flood Insurance Program Map on Community Panel Number 12099C0789G, effective date of December 20, 2024. The subject appears to lie in an area designated as Zone X (unshaded). Flood Zone X (unshaded) is determined to be outside the 0.2% annual chance floodplain. Flood Map 1412 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 43 Zoning and Future Land Use The subject property’s use is dictated by the Boynton Beach Zoning Code and Comprehensive Plan. The Boynton Beach zoning and future land use maps indicate the subject property has a zoning designation of C-2/Neighborhood Commercial, R1A/Single Family 6DU/ac with an underlying land use designation of OC, LRC, LDR / Office Commercial, Local Retail Commercial, Low Density Residential. Permitted uses under this zoning category generally include, but are not limited to; commercial service and retail businesses, multi-family residential projects, and commercial/residential mixed-use projects. The subject’s current use as commercial uses along West Boynton Boulevard and residential uses along Northwest 1st Avenue is in line with the current zoning as a permitted use and the current zoning is in harmony with the future land use designation. The appraisers have not independently verified that the subject complies with current site development regulations (setbacks, site coverage, etc.). It has been assumed that by virtue of the subject’s on -going use, should there be any areas of non-compliance, a variance has been issued or some other form of special exception has been made. Zoning Map 1413 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 44 Concurrency The strongest growth control measure ever imposed was passed by the Florida Legislature and became effective on February 1, 1990. This was mandated by Chapter 163, Florida Statutes, otherwise known as the Growth Management Law. One provision of this law is referred to as Concurrency which dramatically limits the ability to develop real property. It is basically the requirement that adequate infrastructure be available to serve new development. Eight types of infrastructure are affected including traffic, potable water, sewer, drainage, solid waste, recreation and open space, mass transit, and fire rescue. In May of 2011, House Bill 7172 amended the Growth Management act in an effort to spur economic growth through streamlining and lessening growth management controls. Transportation concurrency requirements were exempted in dense urban land areas with populations of at least 1,000 people per square mile. Also, within dense urban land areas, the DRI process has been exempted. State review of local comprehensive plans was streamlined and zoning changes are now allowed to be considered concurrently with land use plan amendments. It is the appraisers’ understanding that the subject is not subject to any concurrency restrictions. Should the property be altered or redeveloped, the matter of concurrency would need to be revisited at that time. Utilities The following utilities are available to the subject property: municipal water and sewer, electricity, and telephone. 1414 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 45 Subject Property Sales History The appraisers have not been provided with a title abstract on the property appraised nor have they conducted a title search of their own. The Palm Beach County Property Appraiser’s records indicate that the various parcels last transferred on the following dates, at the indicated prices, as recorded in Palm Beach County OR Book and Page: Street Address PCN Sale Date Sale Price OR Book/Page 416 W. Boynton Beach Blvd.08-43-45-28-11-000-0010 8/6/2021 $1,975,000 32760/1200 432 W. Boynton Beach Blvd.08-43-45-28-11-000-0050 10/7/2020 $712,000 31820/1066 444 W. Boynton Beach Blvd.08-43-45-28-27-000-0051 6/27/2014 $350,000 26898/1957 450 W. Boynton Beach Blvd.08-43-45-28-27-000-0052 6/27/2014 26898/1957 411 NW 1st Avenue 08-43-45-28-11-000-0121 1/26/2022 $400,000 33264/0131 421 NW 1st Avenue 08-43-45-28-11-000-0100 8/31/2023 $500,000 34535/0269 431 NW 1st Avenue 08-43-45-28-11-000-0081 6/12/2015 $195,000 27608/0973 433 NW 1st Avenue 08-43-45-28-11-000-0072 6/12/2015 27608/0973 435 NW 1st Avenue 08-43-45-28-11-000-0071 6/12/2015 27608/0973 449 NW 1st Avenue 08-43-45-28-27-000-0054 3/18/2015 $95,000 27422/1370 203 NW 3rd Street 08-43-45-28-10-001-0071 7/21/2021 $420,000 32747/0711 215 NW 3rd Street 08-43-45-28-10-001-0031 11/12/2021 $620,000 33063/1112 221 NW 3rd Street 08-43-45-28-10-001-0010 11/6/2020 $340,000 31905/1160 The subject is currently listed for sale with Coldwell Banker Commercial with an asking price of $7,500,000. This equates to roughly $52.15 per square foot of land area. It is being marketed on Loopnet.com (Listing ID 35175552) as well as via a sign on the site. 1415 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 46 Site Analysis The following analysis is based upon a personal inspection of the site and Palm Beach County Public Records. Location The subject property is located on the east end of the block, west of NW 3rd Street, between West Boynton Beach Boulevard and NW 1st Avenue. The property address is West Boynton Beach Boulevard Land Assemblage 13 Parcels, Boynton Beach, Florida 33435. Size and Shape We have relied on the site size for the property from the Palm Beach County Property Appraiser's records. The site is an irregular shaped parcel of land having roughly 480 front feet on West Boynton Beach Boulevard, 615 front feet on Northwest 1st Avenue, and 260 front feet on Northwest 3rd Street. The subject site area is approximately 143,684 square feet or 3.30 acres. Topography and Drainage The site is level and near road grade. Drainage appears to be adequate for its current use. Access Access is via West Boynton Beach Boulevard, Northwest 1st Avenue, and Northwest 3rd Street. Easements or Encroachments Typical utility easements are believed to exist. A survey that would delineate the boundaries of any potentially detrimental easements or encroachments was not made available to the appraisers. The appraisers did not note any such conditions during our research and property inspection, nor did the property owner disclose any. We have no reason to believe that there are any easements or encroachments on the property that would affect its use in such a way as to have a negative impact on value. Soil/Environmental Conditions We have not been provided with nor have we commissioned a soil or sub -soil condition report. The subject’s land appears to be composed of typical loose South Florida sand. The appraisers have no reason to believe that there may be hazardous materials stored and used at the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. 1416 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 47 HIGHEST AND BEST USE The Appraisal Institute defines highest and best use as follows: The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. (Source: The Dictionary of Real Estate Appraisal, 7th ed., Appraisal Institute, 2022) The analysis of highest and best use normally applies these considerations in a three step process, involving the analysis of the highest and best use of the site as if vacant, determination of the ideal improvement, and a comparison of the existing improvement with the ideal improvement, in order to estimate the highest and best use as improved. The subject is vacant land, therefore only the first two steps apply. The subject site contains roughly 3.3 acres and could physically support a number of uses. These physically possible uses must be legal, reasonable, probable, and a logical continuation of surrounding uses within the subject property's neighborhood. The subject is currently zoned C-2/Neighborhood Commercial, R1A/Single Family 6DU/ac for OC, LRC, LDR / Office Commercial, Local Retail Commercial, Low Density Residential use. The surrounding area has been developed mainly with commercial and residential uses in the past. In consideration of the site's location, land use classification, zoning and surrounding uses, the highest and best use for the subject, as if vacant, would be development with some type of commercial or mixed use commercial-residential project in keeping with the zoning, land use, and neighborhood uses. 1417 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 48 EXPOSURE AND MARKETING TIME Exposure time is: 1) The time a property remains on the market; 2) The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; 3) A retrospective estimate based on an analysis of past events assuming a competitive and open market. Marketing time is an opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal. Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No. 6, Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions address the determination of reasonable exposure and marketing time. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 7th ed., Chicago: Appraisal Institute, 2022). Financing for commercial properties appears to be available at this time. Most properties offered for sale have been exposed on the market for six to twelve months or longer. The CoStar Group reported the historical marketing times (exposure time) for 145 vacant land properties in Palm Beach County from 4/17/2023 through 4/17/2024. The marketing time ranged from 4.3 to 16.3 months, with an average of 13.3 months. We note that the Costar data can be skewed by many properties that were significantly overpriced by unmotivated sellers and/or were not properly marketed and languished on the market for several years. We believe if appropriately priced and marketed, the subject would sell in the lower portion of the time frame range exhibited by the CoStar data. Many of the properties in the CoStar research were overpriced and only sold after the asking prices were significantly reduced. Properly priced properties sell more quickly. Considering the preceding, as well as sales that have taken place in the local market, and assuming a prudent pricing strategy, we estimate an exposure time of 10 - 15 months. Looking forward, we feel this would be a reasonable estimate for marketing time as well. 1418 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 49 SALES COMPARISON APPROACH The sales comparison approach is the process of deriving a value indication for the subject property by comparing market information for similar properties with the property being appraised, identifying appropriate units of comparison, and making qualitative comparisons with or quantitative adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market - derived elements of comparison. (Appraisal Institute, The Dictionary of Real Estate Appraisal, 7th ed., Chicago: Appraisal Institute, 2022.) The sales comparison approach requires that the appraiser locate recent sales of similar properties and through an adjustment process arrive at an indication of what these properties would have sold for if they possessed all of the salient characteristics of the subject property. These adjusted sales prices are then correlated into an estimate of the market value of the property via the sales comparison approach to value. A search of the Palm Beach County official records, local multiple listing service records, discussions with local brokers and appraisers and a personal inspection of the subject area produced several sales of similar type properties. The sales used in the analysis were the best comparables that we were able to verify with public records and/or a party to the transaction. The following pages feature a detailed write up of each comparable used in the analysis, a location map and summary of the selected comparable sales data, which is followed by a discussion of the pertinent adjustments and conclusion of value. 1419 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 50 SALE NO. 1 - 400 East Boynton Beach Boulevard, Boynton Beach, FL 33435 AC File No.: 2230632.000 ID: 913614 OR Book/Page: 33540/0186, 0189, 0192, 0195, 0198 Type: Land Sale Status: Sale Sub-Type: Commercial Date: May 3, 2022 Grantor: 306 BBB LLC, East Ocean Avenue LLC, Boynton Beach Property Holdings LLC, 416 Boynton LLC, 422 Boynton Partners LLC, First Avenue Boynton LLC Grantee: BB North LLC Legal: All or portions of Blocks 2 and 5, Town of Boynton Beach, Plat Book 1, Page 23, Palm Beach County, Florida. (See deeds for complete legals) Folio No.: 08-43-45-28-03-002-0070, 08-43-45-28-03-005-0100, 08-43-45-28-03-002-0080, 08-43- 45-28-03-005-0040, 08-43-45-28-03-005-0091, 08-43-45-28-03-005-0080, 08-43-45-28- 03-002-0050, 08-43-45-28-03-002-0030, 08-43-45-28-03-002-0020, 08-43-45-28-03- 002-0110, 08-43-45-28-03-005-0020 Location: Southeast corner of East Boynton Beach Boulevard and NE 3rd Street, Boynton Beach Zoning: MU-C - Mixed Use Core, 80 D.U./Acre by Boynton Beach Land Use: MXH - Mixed Use High, 80 D.U./Acre 1420 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 51 Utilities: Municipal water and sewer, electricity, and telephone Site Size: Square Feet: 145,778 Acres: 3.347 Shape: Irregular Street Frontage (Ft.): 920 Topography/Elevation: Level, near road grade Use: Use at Time of Sale: Various commercia and industrial buildings Intended Use: Mixed use multifamily and commercial Highest and Best Use: Mixed use multifamily and commercial Verification: Source: News articles, public records Relationship: News articles, public records Conditions of Sale: Arm's-length Verified By: B. Arnold Date: December 18, 2023 Sales History: No arm's length transactions in the previous five years Sales Price: $8,907,804 Price/SF Land: $61.11 Price/Acre: $2,661,429 Financing: $6,737,500 provided by Synovus Bank record in Palm Beach County OR Book 33540, Page 208 (mortgage included additional parcels not included in this assemblage) Comments: This is an assemblage of 11 parcels from various sellers. Five were improved with various low rise commercial and industrial buildings and 7 were vacant. Buyer intends to redevelop this assembled site with a mixed use project. Buyer also purchased a separate assembled 1.886 acre site on the south side of Ocean Avenue for $3,092,196 for a total acquisition of $12,000,000 for the two sites. Buyer indicated they were attracted to the site because Boynton Beach lies between West Palm Beah and Delray Beach and the site is close to the beach and only a couple of miles from downtown Delray Beach. Previously In 2017, the city approved both properties for 371 apartments and 15,757 square feet of commercial space, to be called the Villages at East Ocean Avenue, but construction never moved forward at that time. The new buyer indicates they will build the first phase of the project on this, the north parcel, which will consist of 336 apartments (roughly 100 DU/Acre) and roughly 10,000 square feet of retail, with amenities including a pool, a fitness center and a clubhouse. 1421 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 52 SALE NO. 2 - 315 South Federal Highway, Boynton Beach, FL 33435 AC File No.: 2230632.000 ID: 913615 OR Book/Page: 34051/0685 Type: Land Sale Status: Sale Sub-Type: Commercial Date: January 3, 2023 Grantor: Truist Bank Grantee: 315 South Federal Legal: Lots 1 through 7 inclusive, the North 60 feet of Lot 8 and the North 1/2 of Lot 10 Block A, Pence Subdivision No. 1, Plat Book 1, Page 33, Palm Beach County, Florida, LESS U.S. Highway One right-of-way Folio No.: 08-43-45-28-07-001-0010 Location: Southwest corner of South Federal Highway and SE 2nd Avenue, Boynton Beach Zoning: C3 - Community Commercial by Boynton Beach Land Use: LRC - Local Retail Commercial Utilities: Municipal water and sewer, electricity, and telephone 1422 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 53 Site Size: Square Feet: 107,846 Acres: 2.476 Shape: L Street Frontage (Ft.): 975 Topography/Elevation: Level, near road grade Use: Use at Time of Sale: Bank branch Intended Use: Redevelopment Highest and Best Use: Mixed Use Redevelopment Verification: Source: Costar, public records Relationship: public records Conditions of Sale: Arm's-length Verified By: B. Arnold Date: December 19, 2023 Sales History: No arm's length transactions in the previous five years Sales Price: $6,000,000 Price/SF Land: $55.63 Price/Acre: $2,423,263 Financing: None recorded Comments: This site is currently improved with an older Truist Bank branch building built in 1964 and containing 10,576 square feet. As of drive by inspection on 12/20/23 this branch location appears to be permanently closed. The buyer previously purchased several parcels adjacent to the south in January and February 2022 for total of $8,500,000 for 3.5709 acres, equating to $54.65/SF of land. This purchase gives the buyer control of almost the entire block (save for one 0.7598 acre parcel at 407 South Federal Highway) bound by SE 2nd and SE 5th Avenues to the north and South Federal Highway and SE 4th Street to the east and west. All of these properties have a City of Boynton Beach Community Redevelopment Agency recommended future land use of Mixed Use Medium, 50 D.U./Acre, which will make it easier for the owner to seek a zoning and future land use change. 1423 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 54 SALE NO. 3 - 225 West Boynton Beach Boulevard, Boynton Beach, FL 33435 AC File No.: 2240037.004 ID: 913702 OR Book/Page: 34211/0344 Type: Land Sale Status: Sale Sub-Type: Commercial Date: March 29, 2023 Grantor: MG Delray Holdings LLC, Gracey Properties, LLC MABA Holdings, LLC Grantee: Boynton Beach Community Redevelopment Agency Legal: Lots 112 (less the South 10 feet), 113 (less the South 10 feet), 114 (less the South 10 feet), 115 (less the South 10 feet) 116, 117, 118 and 119, Block A, Boynton Hills, Plat Book 4, Page 51, Palm Beach County, Florida Folio No.: 08-43-45-21-07-001-1120, 08-43-45-21-07-001-1131, 08-43-45-21-07-001-1160, 08-43- 45-21-07-001-1180 Location: Northeast corner of NW 2nd Street and West Boynton Beach Boulevard, roughly 1,700 feet east of I-95, Boynton Beach Zoning: C2 and R1A - Neighborhood Commercial and Single-family Residential 6 DU/Acre by Boynton Beach Land Use: LRC - Local Retail Commercial and LDR - Low Density Residential 7.5 DU/Acre Utilities: Municipal water and sewer, electricity, and telephone 1424 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 55 Site Size: Square Feet: 46,017 Acres: 1.056 Shape: Irregular Street Frontage (Ft.): 0 Topography/Elevation: Level, near road grade Use: Use at Time of Sale: Vacant Intended Use: Commercial Highest and Best Use: Commercial Verification: Source: Theresa Utterback, Development Services Manager, Boynton Beach CRA, prior Loopnet listing, public records Relationship: Buyer's representative Conditions of Sale: Arm's-length Verified By: B. Arnold Date: February 9, 2024 Sales History: No transactions in the previous five years Sales Price: $2,185,000 Price/SF Land: $47.48 Price/Acre: $2,069,129 Financing: None recorded Comments: This site had been on and off the market for a few years. It had previously been improved with some low rise commercial and residential buildings that were removed prior to this sale. Buyer indicates that the demo costs were added to the contract sales price, but a specific number was not provided. Buyer plans to land bank the property for future redevelopment. They indicated the CRA Board has prioritized acquisition of properties along West Boynton Beach Boulevard east of I-95. This site has a City of Boynton Beach Community Redevelopment Agency recommended future land use of Mixed Use Low, 20 D.U./Acre, which will make it easier for the owner to seek a zoning and future land use change. 1425 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 56 SALE NO. 4 - 1320 South Federal Highway, Boynton Beach, FL 33435 AC File No.: 2240037.004 ID: 913701 OR Book/Page: 34260/0332 Type: Land Sale Status: Sale Sub-Type: Commercial Date: April 20, 2023 Grantor: MJ Jackson Holdings, LLC Grantee: Boynton Beach Square LLC Legal: South 100 feet of Lot 2, Lee Manor Isles, Plat Book 24, Page 211 (less SR 5 right-of- way in OR BK/PG 138/229) Palm Beach County, Florida Folio No.: 08-43-45-27-05-000-0021 Location: Northeast corner of South Federal Highway and Riviera Drive, roughly 660 feet north of Woolbright Road, Boynton Beach Zoning: MU-1 - Mixed Use 1 by Boynton Beach Land Use: MXL - Mixed Use Low, 20 DU/Acre Utilities: Municipal water and sewer, electricity, and telephone 1426 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 57 Site Size: Square Feet: 22,686 Acres: 0.521 Shape: Irregular Street Frontage (Ft.): 105 Topography/Elevation: Level, above road grade Use: Use at Time of Sale: Vacant Intended Use: Commercial Highest and Best Use: Commercial/Mixed Use Verification: Source: Brian Smith w/ Florida Equities Commercial, Costar, public records Relationship: Listing broker Conditions of Sale: Arm's-length Verified By: B. Arnold Date: February 8, 2024 Sales History: Previously sold for $1,100,000 in February 2021, recorded in County OR Book 32194, Page 128 Sales Price: $1,600,000 Price/SF Land: $70.53 Price/Acre: $3,071,017 Financing: None recorded Comments: Property was reported to have been previously site plan approved for an 11,000 square foot 3-story medical office building. Seller had previously planned to occupy a portion of the proposed building with their dental group prior to selling. Property is back on the market with an asking price of $2,750,000. This site has a City of Boynton Beach Community Redevelopment Agency recommended future land use of Mixed Use Medium, 50 D.U./Acre, which will make it easier for the owner to seek a zoning and future land use change. 1427 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 58 SALE NO. 5 - 433 West Boynton Beach Boulevard, Boynton Beach, FL 33435 AC File No.: 2160466, 2240067.001 ID: 913751 OR Book/Page: 34373/0722 Type: Land Sale Status: Sale Sub-Type: Commercial Date: June 12, 2023 Grantor: Boynton East, LLC Grantee: Boynton Beach Community Redevelopment Agency Legal: Long metes and bounds legal description being a portion of Lots 83 through 87 Ridgewood Plat Book 13, Page 7, Palm Beah County, Florida and Lot 129 (less the South 10 feet) Ridgewood Hills, Plat Book 23, Page 250, Palm Beach County, Florida Folio No.: 08-43-45-21-15-000-0830 Location: Northeast corner of West Boynton Beach Boulevard and NW 4th Street, just east of I-95, Boynton Beach Zoning: C2 - Neighborhood Commercial by Boynton Beach Land Use: Local Retail Commercial Utilities: Municipal water and sewer, electricity, and telephone 1428 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 59 Site Size: Square Feet: 24,707 Acres: 0.567 Shape: Rectangular Street Frontage (Ft.): 335 Topography/Elevation: Level, above road grade Use: Use at Time of Sale: Vacant Intended Use: Retail Highest and Best Use: Retail Verification: Source: Theresa Utterback w/ Boynton Beach CRA Relationship: Buyer Conditions of Sale: Arm's-length Verified By: B. Arnold Date: February 9, 2024 Sales History: No transactions in the previous five years Sales Price: $1,200,000 Price/SF Land: $48.57 Price/Acre: $2,116,402 Financing: None recorded Comments: Property was purchased by the CRA to help control future development along the Boynton Beach Boulevard gateway into downtown. The CRA will hold the property until a suitable development plan is proposed. The CRA Board has prioritized acquisition of properties along West Boynton Beach Boulevard east of I-95. This site has a City of Boynton Beach Community Redevelopment Agency recommended future land use of Mixed Use Low, 20 D.U./Acre, which will make it easier for the owner to seek a zoning and future land use change. 1429 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 60 SALE NO. 6 - 2607 South Federal Highway, Boynton Beach, FL 33435 AC File No.: 2240051.000 ID: 913741 OR Book/Page: 34837/0061 Type: Land Sale Status: Sale Sub-Type: Commercial Date: February 14, 2024 Grantor: YoAtrium, LLC, ICUG, LLC and Heywood, LLC Grantee: FED27, LLC Legal: Four parcels described by metes and bounds located in the SE 1/4 of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida. See deed for complete legal. Folio No.: 08-43-45-33-00-000-5070, 08-43-45-33-00-000-5080, 08-43-45-33-00-000-5090, 08-43- 45-33-00-000-5100 Location: West side of South Federal Highway, roughly 0.62 miles south of Woolbright Road, Boynton Beach Zoning: C3 w/ UCDO - Community Commercial w/ Urban Commercial District Overlay by Boynton Beach Land Use: LRC - Local Retail Commercial Utilities: Municipal water and sewer, electricity, and telephone 1430 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 61 Site Size: Square Feet: 185,997 Acres: 4.269 Shape: Rectangular Street Frontage (Ft.): 660 Topography/Elevation: Level, near road grade Use: Use at Time of Sale: Retail Intended Use: Mixed Use Highest and Best Use: Mixed Use Verification: Source: Nick Rojo w/ Affiliated Development, news article, site plan public records Relationship: Buyer's representative Conditions of Sale: Arm's-length Verified By: B. Arnold Date: March 26, 2024 Sales History: No transactions in the previous five years Sales Price: $12,033,652 Price/SF Land: $64.70 Price/Acre: $2,818,846 Financing: $6,000,000 provided by the seller, recorded in County OR Book 34827, Page 65 Comments: Sale consists of three contiguous parcels on the south side of SE 27th Terrace and one parcel on the north side. The southern portion contained an older two-story strip type retail center that added no contributory value at the time of sale. The property has been approved for two projects known collectively as The Dune. Dune South contains 298 apartment units with 2,595 square feet of commercial space in an 8 -story building with structured parking (100 Du/Acre). Dune North contains 38 3-story townhouse units (40 DU/Acre). The projects were approved as part of Florida's Live Local Act (Senate Bill 102) and require 40% of units be set aside for workforce housing. The act allows qualifying projects preemptions on certain development regulations such as density and height, and also requires administrative approval for eligible projects. 1431 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 62 Comparable Sales Locations Maps 1432 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 63 1433 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 64 1434 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 65 1435 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 66 1436 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 67 1437 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 68 1438 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 69 1439 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 70 Sale No. Date OR Bk Page Property Address Land Area SF Acres Sale Price Price/SF of Land 1 33540 400 East Boynton Beach Boulevard 145,778 May-22 0186, 0189, 0192, 0195, 0198 Boynton Beach 3.35 2 34051 315 South Federal Highway 107,846 Jan-23 0685 Boynton Beach 2.48 3 34211 225 West Boynton Beach Boulevard 46,017 Mar-23 0344 Boynton Beach 1.06 4 34260 1320 South Federal Highway 22,686 Apr-23 0332 Boynton Beach 0.52 5 34373 433 West Boynton Beach Boulevard 24,707 Jun-23 0722 Boynton Beach 0.57 6 34837 2607 South Federal Highway 185,997 Feb-24 0061 Boynton Beach 4.27 Subj.West Boynton Beach Boulevard Land Assemblage 13 Parcels 143,684 Apr-25 Boynton Beach 3.30 SALES SUMMARY TABLE N/A $1,600,000 $8,907,804 $6,000,000 $12,033,652 $61.11 $55.63 $2,185,000 $47.48 $70.53 $1,200,000 $48.57 $64.70 N/A N/A 1440 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 71 Sales Summary and Discussion In this analysis, we considered differences between the sales and the subject in terms of property rights sold, conditions of sale, financing, market conditions (trend or time adjustment), location, land size, and quality and condition of any existing improvements. The appraisers based the comparisons on a standardized unit of measure, the sale price per square foot of land. The sale price per square foot of land correlates well among the comparable sales and is commonly used by buyers in this type of analysis. Conditions of Sale All sales were reportedly market oriented. No adjustment consideration for conditions of sale was necessary. Financing We considered any indication of favorable financing. All sales were either on a cash basis or had market oriented financing, therefore, no differences were noted nor were adjustments made. Market Conditions The sales occurred over the period from May 3, 2022 to February 14, 2024. The subject property date of value is April 13, 2025. The market has shown improving market conditions over this time period. Prior to the beginning of the pandemic in early 2020, property values in the South Florida area were on the rise and this trend continued until end-2022 when rising interest rates stabilized the market. Based on national trends and what we have seen in the subject's local market, we believe an appropriate time adjustment would be 1% per month, which we have rounded down to the nearest whole month. As such, Sale 1 required an upward adjustment for appreciation from the date of sale through end-2022. Location The subject property is located at West Boynton Beach Boulevard Land Assemblage 13 Parcels in Boynton Beach. Sales 3 and 5 are in the same location as the subject along the West Boynton Beach commercial corridor requiring no adjustment. Sales 1, 2, 4 and 6 are in superior locations in the downtown cultural center or the urban commercial corridor along Federal Highway requiring downward adjustments. Size Generally, larger properties will sell for a somewhat lower price per square foot of land than smaller ones, and vice versa, when all else is equal. The sales in this data set do not appear to follow this pattern and no adjustment is warranted. 1441 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 72 Site Conditions Properties of all different shapes can typically be developed. Some properties, however, allow for a more efficient development of the site providing for the maximum development intensity. Neither the subject nor the comparables appear be impacted by their shape in such a manner as to limit their development. Another factor considered here is the existence of any physically detrimental site conditions such as contamination or muck. Neither the subject nor any of the comparables were known to suffer from any detrimental site conditions. Zoning/Land Use The subject property has a zoning designation of C-2/Neighborhood Commercial, R1A/Single Family 6DU/acre by Boynton Beach with an underlying future land use of OC, LRC, LDR/Office Commercial, Local Retail Commercial, Low Density Residential by Boynton Beach. Though they may vary by municipality, all of the comparables have similar commercial and mixed -use oriented designations that allow for similar uses as the subject. No adjustment is warranted. 1442 West Boynton Beach Boulevard Land Assemblage A&C Job No.: 2250168.000 73 Sale Date Property Address Land SF Price/ Land SF Financing/ Adj. Price/ Land SF Conditions of Sale/ Adj. Price/ Land SF Market Conditions/ Adj. Price/ Land SF Location Land Size Site Conditions Zoning/ Land Use Final Combined Adjustment Overall Indication 1 400 East Boynton Beach Boulevard 0%0%7% May-22 Boynton Beach $61.11 $61.11 $65.38 2 315 South Federal Highway 0%0%0% Jan-23 Boynton Beach $55.63 $55.63 $55.63 3 225 West Boynton Beach Boulevard 0%0%0% Mar-23 Boynton Beach $47.48 $47.48 $47.48 4 1320 South Federal Highway 0%0%0% Apr-23 Boynton Beach $70.53 $70.53 $70.53 5 433 West Boynton Beach Boulevard 0%0%0% Jun-23 Boynton Beach $48.57 $48.57 $48.57 6 2607 South Federal Highway 0%0%0% Feb-24 Boynton Beach $64.70 $64.70 $64.70 Subj.West Boynton Beach Boulevard Land Assemblage 13 Parcels Apr-25 Boynton Beach QUANTITATIVE SALES ADJUSTMENT CHART - PRICE/LAND SF 145,778 107,846 46,017 24,707 22,686 $48.57 0% 185,997 -10%0% 0% $61.11 $47.48 $55.63 -10% -10% $70.53 0% -10%0% $64.70 0% -10%0%-10%0%0% 0%0%0% 143,684 N/A N/A N/A N/A N/A N/A N/A N/A N/AN/A 0% 0%0%0% 0% -10%0%0% 0%0% 0% -10%$58.84 $48.57 $58.23 $50.07 $47.48 $63.48 1443 West Boynton Beach Boulevard Land Assemblage A&C JOB NO.: 2250168.000 74 Conclusion Considering all of these differences, we developed the preceding quantitative comparison table listing the sales as they compare to the subject property, based on a price per square foot of land. Not all categories considered are depicted. Those omitted reflect no differences between the sales and the subject property. The unadjusted range of value indicated by the sales is roughly $47.48 to $70.53 per square foot of land area. The preceding quantitative comparison chart shows the value range for the subject property after adjustment based on a price per square foot of land area to be from $47.48 to $63.48 with a mean of $54.45. Sale 1 as the oldest sale, is located along the regional Florida East Coast rail lines, reflects an allocated value of a larger transaction and appears to be a less reliable comparable. Excluding Sale 1, and comparing Sales 2, 3, 4, 5 and 6 results in a value range value range for the subject property after adjustment based on a price per square foot of land area to be from $47.48 to $63.48 with a mean of $53.57. Considering all of the salient factors discussed previously and prevailing market conditions, the appraisers feel a conclusion in the middle portion of the indicated range is most appropriate. Given the preceding data and discussions, it is concluded that the market reflects a value per square foot of land area for the subject property of $53.50 as of April 13, 2025. Total value is calculated as follows: 143,684 Square Feet @ $53.50 per Square Foot = $7,687,094 Rounded To: MARKET VALUE VIA SALES COMPARISON APPROACH: $7,700,000 1444 QUALIFICATIONS OF APPRAISER ROBERT B. BANTING, MAI, SRA PROFESSIONAL DESIGNATIONS - YEAR RECEIVED MAI - Member Appraisal Institute - 1984 SRA - Senior Residential Appraiser, Appraisal Institute - 1977 SRPA - Senior Real Property Appraiser, Appraisal Institute - 1980 State-Certified General Real Estate Appraiser, State of Florida, License No. RZ4 - 1991 EDUCATION AND SPECIAL TRAINING Licensed Real Estate Broker - #3748 - State of Florida Graduate, University of Florida, College of Business Administration, BSBA (Major - Real Estate & Urban Land Studies) 1973 Successfully completed and passed the following Society of Real Estate Appraisers (SREA) and American Institute of Real Estate Appraisers (AIREA) courses and/or exams: Note: the SREA & AIREA merged in 1991 to form the Appraisal Institute. SREA R2: Case Study of Single Family Residence SREA 201: Principles of Income Property Appraising SREA: Single Family Residence Demonstration Report SREA: Income Property Demonstration Report AIREA 1B: Capitalization Theory and Techniques SREA 101: Introduction to Appraising Real Property AIREA: Case Studies in Real Estate Valuation AIREA: Standards of Professional Practice AIREA: Introduction to Real Estate Investment Analysis AIREA 2-2: Valuation Analysis and Report Writing AIREA: Comprehensive Examination AIREA: Litigation Valuation AIREA: Standards of Professional Practice Part C ATTENDED VARIOUS APPRAISAL SEMINARS AND COURSES, INCLUDING: The Internet and Appraising Golf Course Valuation Discounting Condominiums & Subdivisions Narrative Report Writing Appraising for Condemnation Condemnation: Legal Rules & Appraisal Practices Condominium Appraisal Reviewing Appraisals Analyzing Commercial Lease Clauses Eminent Domain Trials Tax Considerations in Real Estate Testing Reasonableness/Discounted Cash Flow Mortgage Equity Analysis Partnerships & Syndications Hotel and Motel Valuation Advanced Appraisal Techniques Federal Appraisal Requirements Analytic Uses of Computer in the Appraisal Shop Valuation of Leases and Leaseholds Valuation Litigation Mock Trial Residential Construction From The Inside Out Rates, Ratios, and Reasonableness Analyzing Income Producing Properties Development of Major/Large Residential Projects Standards of Professional Practice Regression Analysis In Appraisal Practice Federal Appraisal Requirements Engaged in appraising and consulting assignments including market research, rental studies, feasibility analysis, expert witn ess testimony, cash flow analysis, settlement conferences, and brokerage covering all types of real estate since 1972. President of Anderson & Carr, Inc., Realtors and Appraisers, established 1947 from 1995 to 2025 Past President Palm Beach County Chapter, Society of Real Estate Appraisers (SREA) Realtor Member of Central Palm Beach County Association of Realtors Special Master for Palm Beach County Property Appraisal Adjustment Board Qualified as an Expert Witness providing testimony in matters of condemnation, property disputes, bankruptcy court, foreclosures, and other issues of real property valuation. Member of Admissions Committee, Appraisal Institute - South Florida Chapter Member of Review and Counseling Committee, Appraisal Institute - South Florida Chapter Approved appraiser for State of Florida, Department of Transportation and Department Natural Resources. Instructor of seminars, sponsored by the West Palm Beach Board of Realtors. Authored articles for The Palm Beach Post and Realtor newsletter. Real Estate Advisory Board Member, University of Florida. TYPES OF PROPERTY APPRAISED - PARTIAL LISTING Air Rights Medical Buildings Apartment Buildings Churches Amusement Parks Department Stores Hotels - Motels Marinas Condominiums Industrial Buildings Office Buildings Residences - All Types Mobile Home Parks Service Stations Special Purpose Buildings Restaurants Auto Dealerships Vacant Lots - Acreage Residential Projects Golf Courses Shopping Centers Leasehold Interests Financial Institutions Easements "I am currently certified under the continuing education progr am of the Appraisal Institute." 1445 QUALIFICATIONS OF APPRAISER WILLIAM H. SPENGLER REAL ESTATE APPRAISAL LICENSE FL Certified Residential Real Estate Appraiser RD8462 ACADEMIC EDUCATION BA, Economics - University of Colorado, Boulder, CO REAL ESTATE DESIGNATIONS CRS - Certified Residential Specialist GRI - Graduate Realtor Institute REAL ESTATE APPRAISAL EDUCATION TYPES OF PROPERTIES APPRAISED General Appraiser Income Approach Commercial Office Buildings General Appraiser Site Value & Cost Approach Commercial Retail Buildings General Appraiser Market Analysis Highest & Best Use Commercial Flex Office/Warehouses General Appraiser Sales Comparison Approach Commercial Industrial Buildings Nuances of Valuation-Cornerstone of Market Value Commercial Industrial Land Florida Law & Rules Update 2020 Special Use Properties National Uniform Standards Professional Appraisal Practice Civic Use Buildings Florida Appraisal Law Civic Use Land Specialized Residential Appraisal Topics Historical/Landmark Buildings Statistics, Modeling & Finance Equestrian Estates; Stables, Arenas, Rings Residential Report Writing & Case Studies Agricultural Land Advanced Residential Appraisal Applications & Case Studies Residential Development Land Residential Market Analysis Highest & Best Use Residential Oceanfront Properties Residential Sales Comparison Approach Residential New Construction Residential Site Value & Cost Approach Residential Condominiums Residential Income Approach Residential Income Properties Basic Appraisal Principles / Appraisal Procedures Residential Land / Subdivision Land Supervisor/Trainee Residential Ground Leases Parking & Its Impact on Florida Properties Residential Navigable Waterfront Properties Litigation Property Valuation REAL ESTATE APPRAISAL EXPERIENCE REAL ESTATE BROKERAGE/SALES EXPERIENCE Anderson & Carr, Inc., West Palm Beach, FL FL Real Estate Broker 2018-2019 July 2022 to present CO Real Estate Broker 2003-2018 CO Real Estate Agent 1995-2003 Appraisal & Acquisition Consultants, Inc., Lantana, FL May 2019 - June 2022 TYPES OF PROPERTIES APPRAISED REAL ESTATE DESIGNATIONS CRS - Certified Residential Specialist GRI - Graduate Realtor Institute l Land / Subdivision Land Residential Ground Leases Litigation Property Valuation Residential Navigable Waterfront Properties 1446 Appraiser Licenses 1447 1448 ADDENDUM 1449 1450 1451 1452 1453 1454 1455 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (hereinafter “Agreement”) is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter “PURCHASER”) and KMG HOLDINGS, LLC, YLS HOLDINGS, LLC, AND 3139 LAKE SHORE DRIVE, LLC, (hereinafter collectively referred to as “SELLER”). In consideration of the mutual covenants and agreeme nts herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Properties located in Palm Beach County, Florida (the “Properties”) and more particularly described as follows: SEE ATTACHED EXHIBIT “A” 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Seven Million Two Hundred Fifty Thousand and 00/100 Dollars ($7,250,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Money Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Reyer Law Group, P.A. (“Escrow Agent”) a deposit in the amount of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00) the “Deposit”). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 1 3, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in Section 1 3. 3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon prope r 1456 Purchase and Sale Agreement Page 2 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent’s willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney’s fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The date of this Agreement (the “Effective Date”) shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before March 14, 2026 (the “Closing”), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Special Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the “Permitted Exceptions”): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights -of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof; (c) mortgages or liens encumbering the title to the Property to be paid at Closing. 7. FEASIBILITY PERIOD. The PURCHASER, and its designees shall have forty-five (45) days from the Effective Date of this Agreement (“Feasibility Period”), at PURCHASER’s expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER’s sole and absolute discretion, to terminate this contract and receive back all deposits hereunder. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date , subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER’s testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER’s testing and investigation. 1457 Purchase and Sale Agreement Page 3 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney’s fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER’s investigation of the Property. However, PURCHASER’s indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and PURCHASER does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold PURCHASER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney’s fees, for nonpayment for services rendered to S ELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER’s investigation of the Property. SELLERS’ obligations under this Section shall survive the termination, expiration or Closing of this Agreement. Notwithstanding the above, it is understood and agreed that Purchaser may extend the Feasibility Period as required to complete its due diligence, including but not limited to Phase 1 and Phase II Environmental Site Assessments, providing Purchaser has taken commercially reasonable actions to timely complete these investigations. 7.1 Title Review. Within twenty (20) days of the Effective Date, SELLER shall obtain, at the SELLER’s expense, from a Title Company chosen by SELLER (hereinafter “Title Company”), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller’s proceeds. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title, other than the Permitted Exceptions (hereinafter “Title Objections”). If PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter “Cure Period”). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER’s sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the title as it then is but using such portion of the Purchase Price as may be necessary to pay and satisfy any mortgages, outstanding utility charges, delinquent property taxes and/or code enforcement and contractors' liens or other recorded claims of lien upon the property, or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. 1458 Purchase and Sale Agreement Page 4 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment (“Title Update”) covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with re spect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.2. Survey Review. Within thirty (30) days of the Effective Date, SELLER shall provide PURCHASER with an updated survey or surveys of the property certified to PURCHASER. If the Survey(s) discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate an y restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections. 7.3 SELLER Deliveries. SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER’s possession or control with respect to the physical condition or operation of the Property, if any. 7.3.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, if any. 7.3.3 Prior to the Closing Date, SELLER shall execute and deliver to PURCHASER any and all documents and instruments required by PURCHASER, in PURCHASER’s sole and absolute discretion, which: (i) effectuate the transfer to PURCHASER of those Governmental Approvals, or portions thereof which are applicable to the Property, that PURCHASER desires to have assigned to it, and/or (ii) cause the Property to be with drawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the Governmental Approvals (including, but not limited to, any and all portions of the surface water management system, mitigation areas or other items which do not comply with the Governmental Approvals or applicable rules), if any. SELLER warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the Property, including, but not limited to any conveyances, easements, licenses or leases. 1459 Purchase and Sale Agreement Page 5 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the “Conditions to Closing”) are either fulfilled or waived by PURCHASER in writing: 8.1. Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2. Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted . 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4. Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the PURCHASER at time of closing unoccupied. 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1. Deed. A Special Warranty Deed (the “Deed”) conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller’s Affidavits. SELLER shall furnish to PURCHASER an owner’s affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are n o parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non- foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an u ncured title objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the 1460 Purchase and Sale Agreement Page 6 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Assessments, insurance and other expenses of the Property shall be prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if an y, will be credited to PURCHASER. Taxes shall be prorated based upon the current year’s tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector’s Office. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 10.3. Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. PURCHASER agrees not to impose any special assessment liens on the Property prior to Closing. 10.4. Closing Costs. PURCHASER shall be responsible for its own legal fees, recording the deed, half of all general closing expenses (settlement fee, courier fees, overnight package, etc.) and any loan expenses associated with PURCHASER’s obtaining financing. SELLER is responsible for documentary stamps on the deed and half of all general closing expenses and their own legal fees. All other costs of closing shall be divided evenly between PURCHASER and SELLER. 10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at 1461 Purchase and Sale Agreement Page 7 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a “marked-up” Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES OF SELLER. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now, or will be by the date of Closing, true, (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing for a period of two (2) years. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any 1462 Purchase and Sale Agreement Page 8 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will not, between the date of this Agreement, and the Closing take any action to terminate or materially, amend or alter any existing leases presently in existence, without the prior consent of PURCHASER, which consent shall not be unreasonably withheld or delayed. 11.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the Feasibility Period to the Closing Date. 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Property has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Depar tment of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). 11.9 SELLER represents to PURCHASER that the Property is not subject to any deed restrictions or declaration of restrictions running with the Property which would affect the use of the Property except those constituting Permitted Exceptions as defined above. 11.10 Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Property. 11.11 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER’S capacity and all requisite action has been taken to make this Agreement valid and 1463 Purchase and Sale Agreement Page 9 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 11.13 Additional Warranties and Representations of SELLER. As a material inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER’S information and belief, hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi-governmental authority, including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.13.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11.13.3 To the best of SELLER’S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 12. REPRESENTATIONS AND WARRANTIES OF PURCHASER. To induce SELLER to enter into this Agreement, PURCHASER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing for a period of two (2) years. In that event, SELLER shall be provided immediate notice as to the change to the following representations: 12.1. Organization; Authority. Purchaser is a duly created and validly existing community redevelopment agency under the laws of the State of Florida and has full power and authority to enter into this Agreement and to perform its obligations hereunder. The execution, delivery, and performance of this Agreement have been duly authorized by all requisite action 1464 Purchase and Sale Agreement Page 10 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 of Purchaser. 12.2. Binding Obligation; No Personal Liability. This Agreement constitutes a valid and binding obligation of Purchaser, enforceable in accordance with its terms, subject to applicable limitations on remedies, including sovereign immunity and principles of equity. No commissioner, officer, employee, or agent of Purchaser shall have any personal liability arising out of or relating to this Agreement. 12.3. No Conflict. The execution, delivery, and performance of this Agreement by Purchaser do not and will not (a) violate any applicable law, regulation, or order binding upon Purchaser, or (b) conflict with or result in a breach of any agreement or instrument to which Purchaser is a party. 12.4. No Litigation. There is no action, suit, or proceeding pending or, to Purchaser’s knowledge, threatened against Purchaser that would materially impair Purchaser’s ability to consummate the transactions contemplated by this Agreement. 12.5. No Brokers. Purchaser has not dealt with any broker, finder, or agent in connection with the transaction contemplated by this Agreement, and no brokerage commission or finder’s fee is or will be payable by Purchaser as a result of Purchaser’s actions. 12.6. Compliance with Laws. Purchaser will comply in all material respects with applicable federal, state, and local laws, ordinances, rules, and regulations in connection with the transactions contemplated hereby. 12.7. Governmental Approvals. All approvals, consents, and authorizations required to be obtained by Purchaser in order to enter into and perform this Agreement have been obtained or will be obtained prior to Closing. 12.8. No Condemnation Action Initiated. Purchaser has not initiated, nor to Purchaser’s knowledge is there pending, any condemnation or eminent domain action affect ing the Property as of the Effective Date, for which Seller has not already been compensated. 12.9. No Reliance. Purchaser acknowledges that, except as expressly set forth in this Agreement, Purchaser has not relied upon any representation or warranty of Seller or any other party in entering into this Agreement. 12.10 Survival; Limitations. The representations and warranties of Purchaser contained herein shall survive Closing only to the extent expressly provided in this Agreement and shall be subject to all applicable limitations of law, including sovereign immunity under Section 768.28, Florida Statutes. 13. DEFAULT. 1465 Purchase and Sale Agreement Page 11 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 13.1. PURCHASER’s Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that t he amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 13.2. Seller’s Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER’S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any , in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, without waiving any action for damages. 13.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the def ault. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) business days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 13.4. Survival. The provisions of this section shall survive the termination of this Agreement. 14. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Kirill Vesselov, Manager KMG Holdings, LLC 1466 Purchase and Sale Agreement Page 12 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 3945 W. Atlantic Ave. Delray Beach, FL 33445 With a copy to: Cheyenne Riker 5556 S. Rockport Road Bloomington, Indiana 47403 If to Purchaser: Christopher Brown, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue 4th Floor Boynton Beach, FL 33435 With a copy to: Kenneth Dodge Lewis, Longman & Walker, PA 360 S. Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 15. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the “City”) without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. 16. BROKER FEES. The SELLER hereby states that they have dealt with WAC Starboard, LLC, d/b/a The Starboard Group, LLC, as real estate broker in the transaction contemplated by this Agreement who is entitled to a sales commission by separate agreement with SELLER. This expense shall be the sole expense of SELLER. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney’s fee s) of any kind or character arising out of or resulting from any other agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 17. ENVIRONMENTAL CONDITIONS. 1467 Purchase and Sale Agreement Page 13 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 17.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 17.1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER’S knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER’S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity’s knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 18. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged documents into the court. In either event, SELLER agrees to pay PURCHASER’s reasonable attorneys’ fees and costs, both trial and appellate. 19. MISCELLANEOUS. 19.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which 1468 Purchase and Sale Agreement Page 14 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall no t be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing exe cuted by the Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit , in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District of Florida. 19.2. Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 19.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 19.4. Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the s ingular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 19.5. Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permi tted by law. The provisions of this Section shall apply to any amendment of this Agreement. 1469 Purchase and Sale Agreement Page 15 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 19.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 19.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19.8. Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys’ fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 19.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 19.10 Recording. This Agreement may not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. 19.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER’S Property Deed and PURCHASER’s possession of the Property. 19.12 Required Board Approval. SELLER acknowledges and agrees that this Agreement shall not be considered approved and accepted by PURCHASER until executed by the Chairman of PURCHASER’s governing body. 1470 1471 1472 Purchase and Sale Agreement Page 18 of 18 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4925-7527-6678, v. 2 Exhibit A 08-43-45-28-27-000-0054 08-43-45-28-27-000-0052 08-43-45-28-27-000-0051 08-43-45-28-11-000-0050 08-43-45-28-11-000-0010 08-43-45-28-10-001-0010 08-43-45-28-10-001-0031 08-43-45-28-10-001-0071 08-43-45-28-11-000-0121 08-43-45-28-11-000-0100 08-43-45-28-11-000-0081 08-43-45-28-11-000-0072 08-43-45-28-11-000-0071 1473 •Attachment I - Budget Reallocation - 1.20.2026 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 OLD BUSINESS AGENDA ITEM 14.E SUBJECT: Continued Discussion and Consideration of Budget Reallocation for the Purchase of the 13 Parcel Assemblage located at 444 W. Boynton Beach Boulevard SUMMARY: On January 8, 2026, the CRA Board continued discussion of the Purchase of the 13 Parcel Assemblage located at 444 W Boynton Beach Blvd. The seller has agreed to a purchase price of $7,250,000 plus closing costs. In order to purchase the parcel, fiscal year budget 2025- 2026 funds need to be reallocated within the Project Fund. The Property Purchase line has an available balance of $6,176,260. Reallocation of $2.5 million that is currently designated for a parking garage (02-58200-406) needs to be transferred to Property Acquisition (02-58200-401). FISCAL IMPACT: FY 2025-2026 Budget, reallocate as follows: take $2,500,000 from Line item 02-58200-406 - Parking Garage add $2,500,000 to Line item 02-58200-401 - Property Acquisition CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Budget Reallocation in the amount of $2,500,000 in the Project Fund as follows: Move from Line item 02-58200-406 - Parking Garage - ($2,500,000) Add to Line item 02-58200-401 - Property Acquisition - $2,500,000 ATTACHMENTS: Description 1474 APPROVAL FUND DEPARTMENT DESCRIPTION G/L ACCT. BUDGET APPROPRIATION INCREASE / (DECREASE) AMENDED BUDGET APPROPRIATION Purpose (1) Reallocate Project Fund Projects to purchase 13 Parcels located at 444 W Boynton Beach Blvd CRA Board 1/20/2026 1. Project Fund - Parking Garage Budget Reallocation Project Capital Outlay Infrastructure & Streetscape - Parking Garage 02-58200-406 2,500,000$ (2,500,000)$ -$ 2. Transfer funds as follows: Project Capital Outlay Property Acquisition 02-58200-401 15,230,088$ 2,500,000$ 17,730,088$ BUDGET AMENDMENTS & ADJUSTMENTS TO FY 2025-2026 GENERAL AND PROJECT FUND NOTE: Recorded on Financial Statements T:\FINANCE\BUDGET AMENDMENTS - TRACKING\FY 2025-2026 - Budget Reallocation - 1.20.2026.xlsx 1475 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 NEW BUSINESS AGENDA ITEM 15.A SUBJECT: Discussion and Approval of the Purchase of Property located at 457 NW 1st Avenue SUMMARY: The property located at 457 NW 1st Avenue is a key acquisition due to its proximity to the CRA property (f/k/a The Boynton Inn) located at 480 W. Boynton Beach Boulevard and the 13- parcel assemblage on Boynton Beach Boulevard (see Attachment I). CRA staff had the property appraised with the intention of consolidating it with 480 W. Boynton Beach Boulevard. The appraisal was performed by Anderson Carr on August 30, 2025, using the sales comparison approach which valued it at $465,000 (see Attachment II). CRA staff began negotiations with the Seller based on the appraised value and the Seller's original asking price of $700,000.00 (see Attachment III). With discussions moving forward for the purchase of the adjacent 13-parcel assemblage, CRA staff had Anderson Carr reevaluate the property based on the appraised value of the 13-parcel assemblage ($7,700,000 @ 143,748 sq. ft. = $53.57 per sq. ft.). Anderson Carr provided an appraisal addendum that valued 457 NW 1st Avenue at the same square footage price. The adjusted appraised value for the property is $535,000 @ 10,454 sq. fl. = $53.57 per sq. ft. (see Attachment IV). The Seller agreed to a purchase price of $600,000 which is 12% above the adjusted appraised value. After several discussions with the Seller and direction by the CRA Board CRA staff offered the following closing terms which the Seller has accepted (see Attachment V): • Purchase Price $600,000 • CRA to pay all closing costs • Closing date on or before May 29, 2026 • Property to be delivered unoccupied. FISCAL IMPACT: FY 2025-2026 Budget, Project Fund - 02-58200-401 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan – Boynton Beach Boulevard District 1476 •Attachment I - Location Map •Attachment II - 8/30/25 Appraisal of 457 NW 1st Avenue •Attachment III - 10.6.25 Offer Letter-457 NW 1st Ave-Lorie Fischer.pdf •Attachment IV - 457 NW 1st Avenue, Boynton Beach Appraisal Addendum Letter •Attachment V - Purchase and Sale Agreement - 457 NW 1st Ave Lorie Fischer Executed CRA BOARD OPTIONS: 1. Approve the Purchase and Sale Agreement for the Property located at 457 NW 1st Avenue. 2. Do not approve the Purchase and Sale Agreement for the Property located at 457 NW 1st Avenue. 3. Provide alternative direction based on CRA Board discussion. ATTACHMENTS: Description 1477 1478 APPRAISAL OF REAL PROPERTY 457 NW 1st Ave Boynton Beach, FL 33435 Boynton Beach Community Redevelopment Agency c/o Theresa Utterback, Development Services Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 $465,000 August 30, 2025 Ronald Saar Anderson & Carr, Inc. 2801 Exchange Court West Palm Beach, FL 33409 (561) 833-1661 rsaar@andersoncarr.com Form GA2V - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE LOCATED AT FOR OPINION OF VALUE AS OF BY 1479 Anderson & Carr, Inc. 2250363.000RESIDENTIAL APPRAISAL REPORT 457 NW 1st Ave Boynton Beach FL 33435 Palm Beach SUB 28-45-43, SLY 165.71 FT OF WLY 72.5 FT OF ELY 292.55 FT OF N 1/2 OF LT 5 (LESS N 2.75 FT OF ELY 12.5 FT & S 25 FT NW 1ST AVE R/W)08-43-45-28-27-000-0053 2024 2,856 0 N/A Lorie Helen Fischer Single Family Residence N/A Boynton Beach 48424 0062.01 Establish a purchase or selling price. Boynton Beach Community Redevelopment Agency Boynton Beach Community Redevelopment 100 East Ocean Avenue, Boynton Beach, FL 33435 Ronald Saar 2801 Exchange Court, West Palm Beach, FL 33409 95 5 300 1.5 mil 900 New 75 30 85 0 5 5 Other 5 Redevelopment to residential housing Market area boundaries: The Stanley Weaver Canal to the north, West Woolbright Road to the south, Interstate 95 to the west and South Seacrest Boulevard to the east. The subject is located in a community of single family homes in Boynton Beach, convenient to shopping, schools, restaurants, and other support services on nearby commercial arterials. Financing, if any is typically conventional. Sales activity in the market are constant. Demand and supply are near equilibrium. Marketing times average 3-6 months during the prior 12 month period. Rising interest rates and homeowner insurance have caused a slight pullback in the market. Other land use locally is municipal, civic, worship centers, and educational. 74' x 137' x 80' x 140'10,454 sf C1-Office/Professional C1-Commercial/Office/Professional Redevelopment as per zoning regulations that is legally permissable and financially feasible. Residential Residential All 4 tests; legally permissible, physically possible, economically feasible and maximally productive are considered in highest & best use as improved. The Highest and Best Use of the subject property is for removal and redevelopment. FPL FPU Municipal Municipal Municipal Paved Concrete Concrete Pole None Level, near road grade Average Rectangular Adequate Average X 12099C0789G 12/20/2024 The subject's site conforms to zoning requirements. No adverse easements, encroachments or conditions were observed. 1 1 Ranch 74 25-30 Concrete Slab CBS Asphalt Metal Replacements Screens Concrete None None None known None known Central FWA Electric Central FWA Mixed Wd. Tile/Avg Drywall/Avg Average Ceramic/Avg Ceramic/Avg Wood/Avg None Screened Rear None None Rear None None 1 1 1 Car 2 Cars Paved 6 3 2 1,443 The subject is in average to good condition, with an updated kitchen, semi-modern baths and overall well maintained condition. This report is based on the as-is condition of the property.The overall condition of the property is considered to be "Average/Good". Gross building area was obtained from the Palm Beach County Property Appraiser website. Form GPRES2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.:SUBJECTProperty Address:City:State:Zip Code: County:Legal Description: Assessor's Parcel #: Tax Year:R.E. Taxes: $Special Assessments: $Borrower (if applicable): Current Owner of Record:Occupant:Owner Tenant Vacant Manufactured Housing Project Type:PUD Condominium Cooperative Other (describe)HOA: $per year per month Market Area Name:Map Reference:Census Tract:ASSIGNMENTThe purpose of this appraisal is to develop an opinion of:Market Value (as defined), or other type of value (describe) This report reflects the following value (if not Current, see comments):Current (the Inspection Date is the Effective Date)Retrospective Prospective Approaches developed for this appraisal:Sales Comparison Approach Cost Approach Income Approach (See Reconciliation Comments and Scope of Work) Property Rights Appraised:Fee Simple Leasehold Leased Fee Other (describe) Intended Use: Intended User(s) (by name or type): Client:Address: Appraiser:Address:MARKET AREA DESCRIPTIONLocation:Urban Suburban Rural Built up:Over 75%25-75%Under 25% Growth rate:Rapid Stable Slow Property values:Increasing Stable Declining Demand/supply:Shortage In Balance Over Supply Marketing time:Under 3 Mos.3-6 Mos.Over 6 Mos. Predominant Occupancy Owner Tenant Vacant (0-5%) Vacant (>5%) One-Unit Housing PRICE $(000) Low High Pred AGE (yrs) Present Land Use One-Unit % 2-4 Unit % Multi-Unit % Comm'l % % Change in Land Use Not Likely Likely *In Process * * To: Market Area Boundaries, Description, and Market Conditions (including support for the above characteristics and trends):SITE DESCRIPTIONDimensions:Site Area: Zoning Classification:Description: Zoning Compliance:Legal Legal nonconforming (grandfathered)Illegal No zoning Are CC&Rs applicable?Yes No Unknown Have the documents been reviewed?Yes No Ground Rent (if applicable)$/ Highest & Best Use as improved:Present use, or Other use (explain) Actual Use as of Effective Date:Use as appraised in this report: Summary of Highest & Best Use: Utilities Public Other Provider/Description Off-site Improvements Type Public Private Electricity Gas Water Sanitary Sewer Storm Sewer Street Curb/Gutter Sidewalk Street Lights Alley Topography Size Shape Drainage View Other site elements:Inside Lot Corner Lot Cul de Sac Underground Utilities Other (describe) FEMA Spec'l Flood Hazard Area Yes No FEMA Flood Zone FEMA Map #FEMA Map Date Site Comments:DESCRIPTION OF THE IMPROVEMENTSGeneral Description # of Units Acc.Unit # of Stories Type Det.Att. Design (Style) Existing Proposed Und.Cons. Actual Age (Yrs.) Effective Age (Yrs.) Exterior Description Foundation Exterior Walls Roof Surface Gutters & Dwnspts. Window Type Storm/Screens Foundation Slab Crawl Space Basement Sump Pump Dampness Settlement Infestation Basement None Area Sq. Ft. % Finished Ceiling Walls Floor Outside Entry Heating Type Fuel Cooling Central Other Interior Description Floors Walls Trim/Finish Bath Floor Bath Wainscot Doors Appliances Refrigerator Range/Oven Disposal Dishwasher Fan/Hood Microwave Washer/Dryer Attic None Stairs Drop Stair Scuttle Doorway Floor Heated Finished Amenities Fireplace(s) # Patio Deck Porch Fence Pool Woodstove(s) # Car Storage None Garage # of cars (Tot.) Attach. Detach. Blt.-In Carport Driveway Surface Finished area above grade contains:Rooms Bedrooms Bath(s)Square Feet of Gross Living Area Above Grade Additional features: Describe the condition of the property (including physical, functional and external obsolescence): Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007 1480 2250363.000RESIDENTIAL APPRAISAL REPORT Palm Beach County Public Records N/A N/A The subject property was not involved in any transfers during the three year period prior to the effective date of this appraisal. Comparable # 3 has a deed transfer on 5/8/2024 for $10.00 None of the other comparable sales transferred during the 12 months prior to their most recent date of sale. 457 NW 1st Ave Boynton Beach, FL 33435 N/A N/A Property Records Inspection 8/30/25 N/A N/A Fee Simple Residential 10,454 sf Average Ranch Average 74 Avg/Good 6 3 2 1,443 N/A 1 Family FWA/CAC Average 1 Car Garage Rear Patio Other: Pool None Other: Scrn Encl.Enc/Scrned Patio Other: Impact Windows None Other: None 131 SW 1st Ave Boynton Beach, FL 33435 0.37 miles E 475,000 339.53 PR,MLS RX-11099565 dom 4 PR,Ext.Insp,MLS photos Conventional 8/2025 Fee Simple Residential 6,469 sf +20,000 Average Ranch Average 71 Avg/Good 6 3 2 1,399 N/A Avg FWA/CAC Average 1 Car Garage Rear Patio None Enc/Scrned Patio None None 20,000 495,000 305 SW 2nd St Boynton Beach, FL 33435 0.33 miles SE 460,000 359.38 PR,MLS RX-11009428 dom 5 PR,Ext.Insp,MLS photos Conventional 8/2024 Fee Simple Residential 11,580 sf Average Ranch Average 69 Avg/Good 6 3 2 1,280 N/A Avg FWA/CAC Avg On site Parking +10,000 Rear Patio None Enc/Scrned Patio None None 10,000 470,000 203 SW 3rd Ct Boynton Beach, FL 33435 0.15 miles S 364,000 265.31 PR,MLS RX-11059069 dom 8 PR,Ext.Insp,MLS photos Conventional 4/2025 Fee Simple Residential 9675 sf Average Ranch Average 46 Avg(-)+50,000 6 3 2 1,372 N/A Avg FWA/CAC Avg On Site Parking +10,000 Rear Patio None None +10,000 None None 70,000 434,000 Research for sales of similar homes in the subject's immediate area resulted in 5 sales within 18 months of the effective date of value. The appraiser has selected the best available comparable sales with careful consideration given to factors such as land dimensions, condition, size and physical features. Differences in condition, living area, and amenities were addressed. Adjustments for these differences were given where appropriate and necessary as the differences are readily recognized by typical market participants. See Comparables 4-6 page for additional comments. 465,000 Form GPRES2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.:TRANSFER HISTORYMy research did did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal. Data Source(s): 1st Prior Subject Sale/Transfer Date: Price: Source(s): 2nd Prior Subject Sale/Transfer Date: Price: Source(s): Analysis of sale/transfer history and/or any current agreement of sale/listing:SALES COMPARISON APPROACHSALES COMPARISON APPROACH TO VALUE (if developed)The Sales Comparison Approach was not developed for this appraisal. FEATURE SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address Proximity to Subject Sale Price $$$$ Sale Price/GLA $/sq.ft.$/sq.ft.$/sq.ft.$/sq.ft. Data Source(s) Verification Source(s) VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-) $ Adjust.DESCRIPTION +(-) $ Adjust.DESCRIPTION +(-) $ Adjust. Sales or Financing Concessions Date of Sale/Time Rights Appraised Location Site View Design (Style) Quality of Construction Age Condition Above Grade Total Bdrms Baths Total Bdrms Baths Total Bdrms Baths Total Bdrms Baths Room Count Gross Living Area sq.ft.sq.ft.sq.ft.sq.ft. Basement & Finished Rooms Below Grade Functional Utility Heating/Cooling Energy Efficient Items Garage/Carport Porch/Patio/Deck Net Adjustment (Total)+-+-+-$$$ Adjusted Sale Price of Comparables $$$ Summary of Sales Comparison Approach Indicated Value by Sales Comparison Approach $ Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007 1481 2250363.000RESIDENTIAL APPRAISAL REPORT The cost approach was not requested by the client. N/A The income approach was not used due to the properties in the development are not typically purchased for income earning potential. N/A 465,000 N/A N/A The Sales Comparison Approach was utilized in this report as it best reflects the interaction of buyers and sellers in the open market. The overall estimate of market value of $465,000. The comparable sales sold on an unadjusted price per square foot of living area ranging from a low of $251.09 (Sale 4) to a high of $407.22 (Sale 5). The adjusted sales price range was $302.03 (sale # 4) to $367.19 (Sale # 2). The estimated market value for the subject is near the mean of the adjusted value range or $465,000 or $322.24 per square foot of living area which is within the unadjusted and adjusted comparable sale range on a price per square foot basis. 465,000 August 30, 2025 15 Scope of Work Limiting Cond./Certifications Narrative Addendum Photograph Addenda Sketch Addendum Map Addenda Additional Sales Cost Addendum Flood Addendum Manuf. House Addendum Hypothetical Conditions Extraordinary Assumptions Theresa Utterback Boynton Beach Community Redevelopment utterbackt@bbfl.us 100 East Ocean Avenue, Boynton Beach, FL 33435 Ronald Saar Anderson & Carr, Inc. (561) 833-1661 rsaar@andersoncarr.com 9/4/2025 Cert GenRZ4225 FL 11/30/2026 August 30, 2025 Form GPRES2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.:COST APPROACHCOST APPROACH TO VALUE (if developed)The Cost Approach was not developed for this appraisal. Provide adequate information for replication of the following cost figures and calculations. Support for the opinion of site value (summary of comparable land sales or other methods for estimating site value): ESTIMATED REPRODUCTION OR REPLACEMENT COST NEW Source of cost data: Quality rating from cost service:Effective date of cost data: OPINION OF SITE VALUE =$ DWELLING Sq.Ft. @ $=$ Sq.Ft. @ $=$ Sq.Ft. @ $=$ Sq.Ft. @ $=$ Sq.Ft. @ $=$ =$ Garage/Carport Sq.Ft. @ $=$ Total Estimate of Cost-New =$ Less Physical Functional External Depreciation =$() Depreciated Cost of Improvements =$ ''As-is'' Value of Site Improvements =$ =$ =$ INDICATED VALUE BY COST APPROACH =$ Comments on Cost Approach (gross living area calculations, depreciation, etc.): Estimated Remaining Economic Life (if required):Years INCOME APPROACHINCOME APPROACH TO VALUE (if developed)The Income Approach was not developed for this appraisal. Estimated Monthly Market Rent $X Gross Rent Multiplier = $Indicated Value by Income Approach Summary of Income Approach (including support for market rent and GRM):PUDPROJECT INFORMATION FOR PUDs (if applicable)The Subject is part of a Planned Unit Development. Legal Name of Project: Describe common elements and recreational facilities:RECONCILIATIONIndicated Value by: Sales Comparison Approach $Cost Approach (if developed) $Income Approach (if developed) $ Final Reconciliation This appraisal is made ''as is'',subject to completion per plans and specifications on the basis of a Hypothetical Condition that the improvements have been completed,subject to the following repairs or alterations on the basis of a Hypothetical Condition that the repairs or alterations have been completed,subject to the following required inspection based on the Extraordinary Assumption that the condition or deficiency does not require alteration or repair: This report is also subject to other Hypothetical Conditions and/or Extraordinary Assumptions as specified in the attached addenda. Based on the degree of inspection of the subject property,as indicated below,defined Scope of Work,Statement of Assumptions and Limiting Conditions, and Appraiser’s Certifications,my (our)Opinion of the Market Value (or other specified value type),as defined herein,of the real property that is the subject of this report is:$, as of:,which is the effective date of this appraisal. If indicated above,this Opinion of Value is subject to Hypothetical Conditions and/or Extraordinary Assumptions included in this report.See attached addenda.ATTACHMENTSA true and complete copy of this report contains pages,including exhibits which are considered an integral part of the report.This appraisal report may not be properly understood without reference to the information contained in the complete report. Attached Exhibits:SIGNATURESClient Contact:Client Name: E-Mail:Address: APPRAISER Appraiser Name: Company: Phone:Fax: E-Mail: Date of Report (Signature): License or Certification #:State: Designation: Expiration Date of License or Certification: Inspection of Subject:Interior & Exterior Exterior Only None Date of Inspection: SUPERVISORY APPRAISER (if required) or CO-APPRAISER (if applicable) Supervisory or Co-Appraiser Name: Company: Phone:Fax: E-Mail: Date of Report (Signature): License or Certification #:State: Designation: Expiration Date of License or Certification: Inspection of Subject:Interior & Exterior Exterior Only None Date of Inspection: Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007 1482 2250363.000ADDITIONAL COMPARABLE SALES 457 NW 1st Ave Boynton Beach, FL 33435 N/A N/A Property Records Inspection 8/30/25 N/A N/A Fee Simple Residential 10,454 sf Average Ranch Average 74 Avg/Good 6 3 2 1,443 N/A 1 Family FWA/CAC Average 1 Car Garage Rear Patio Other: Pool None Other: Scrn Encl.Enc/Scrned Patio Other: Impact Windows None Other: None 446 SW 2nd Ave Boynton Beach, FL 33435 0.21 miles S 345,000 251.09 PR,MLS RX-11031603 DOM 3 PR,Ext.Insp,MLS photos Conventional 10/2024 Fee Simple Residential 8,778 sf +10,000 Average Ranch Average 59 Average (-)+50,000 6 3 2 1,374 N/A Avg FWA/CAC Avg 1 Car Garage Rear Patio None None +10,000 None None 70,000 415,000 419 SW 4th Ave Boynton Beach, FL 33435 0.32 miles S 575,000 407.22 PR, MLS RX-11043368 DOM 53 PR, Ext. Insp. MLS Photos Conventional 2/2025 Fee Simple Residential 9,147 sf +10,000 Average Ranch Average 54 Good -50,000 6 3 2 1,412 N/A Avg FWA/CAC Avg 2 Car Garage -10,000 Rear Patio In Ground Pool -25,000 Enc/Scrnd Patio None None -75,000 500,000 The mean of the adjusted values is $465,000. The Sales Comparison Approach was utilized in this report as it best reflects the interaction of buyers and sellers in the open market. The overall estimate of market value of $465,000. The comparable sales sold on an unadjusted price per square foot of living area ranging from a low of $251.09 (Sale 4) to a high of $407.22 (Sale 5). The adjusted sales price range was $302.03 (sale # 4) to $367.19 (Sale # 2). The estimated market value for the subject is near the mean of the adjusted value range or $465,000 or $322.24 per square foot of living area which is within the unadjusted and adjusted comparable sale range on a price per square foot basis. Adjustments for land size were afforded to comparables 1,4 and 5. Condition adjustments were givien to comparables 3, 4 and 5. Comparable # 5 received downward adjustment gor a 2 car garage and in ground pool. Comparables 2 and 3 received upward adjustments for on site parking to 1 car garage. Form GPRES2.(AC) - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 4 5 6 File No.:SALES COMPARISON APPROACHFEATURE SUBJECT COMPARABLE SALE #COMPARABLE SALE #COMPARABLE SALE # Address Proximity to Subject Sale Price $$$$ Sale Price/GLA $/sq.ft.$/sq.ft.$/sq.ft.$/sq.ft. Data Source(s) Verification Source(s) VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-) $ Adjust.DESCRIPTION +(-) $ Adjust.DESCRIPTION +(-) $ Adjust. Sales or Financing Concessions Date of Sale/Time Rights Appraised Location Site View Design (Style) Quality of Construction Age Condition Above Grade Total Bdrms Baths Total Bdrms Baths Total Bdrms Baths Total Bdrms Baths Room Count Gross Living Area sq.ft.sq.ft.sq.ft.sq.ft. Basement & Finished Rooms Below Grade Functional Utility Heating/Cooling Energy Efficient Items Garage/Carport Porch/Patio/Deck Net Adjustment (Total)+-+-+-$$$ Adjusted Sale Price of Comparables $$$ Summary of Sales Comparison Approach Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007 1483 2250363.000Assumptions, Limiting Conditions & Scope of Work 457 NW 1st Ave Boynton Beach FL 33435 Boynton Beach Community Redevelopment 100 E. Ocean Avenue, Boynton Beach, FL 33435 Ronald Saar 2801 Exchange Court, West Palm Beach, FL 33409 STATEMENT OF ASSUMPTIONS & LIMITING CONDITIONS - The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. - The appraiser may have provided a sketch in the appraisal report to show approximate dimensions of the improvements, and any such sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. Unless otherwise indicated, a Land Survey was not performed. - If so indicated, the appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. - The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. - If the cost approach is included in this appraisal, the appraiser has estimated the value of the land in the cost approach at its highest and best use, and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. Unless otherwise specifically indicated, the cost approach value is not an insurance value, and should not be used as such. - The appraiser has noted in the appraisal report any adverse conditions (including, but not limited to, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property, or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property, or adverse environmental conditions (including, but not limited to, the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. - The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. - The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, and any applicable federal, state or local laws. - If this appraisal is indicated as subject to satisfactory completion, repairs, or alterations, the appraiser has based his or her appraisal report and valuation conclusion on the assumption that completion of the improvements will be performed in a workmanlike manner. - An appraiser's client is the party (or parties) who engage an appraiser in a specific assignment. Any other party acquiring this report from the client does not become a party to the appraiser-client relationship. Any persons receiving this appraisal report because of disclosure requirements applicable to the appraiser's client do not become intended users of this report unless specifically identified by the client at the time of the assignment. - The appraiser's written consent and approval must be obtained before this appraisal report can be conveyed by anyone to the public, through advertising, public relations, news, sales, or by means of any other media, or by its inclusion in a private or public database. - An appraisal of real property is not a 'home inspection' and should not be construed as such. As part of the valuation process, the appraiser performs a non-invasive visual inventory that is not intended to reveal defects or detrimental conditions that are not readily apparent. The presence of such conditions or defects could adversely affect the appraiser's opinion of value. Clients with concerns about such potential negative factors are encouraged to engage the appropriate type of expert to investigate. The Scope of Work is the type and extent of research and analyses performed in an appraisal assignment that is required to produce credible assignment results, given the nature of the appraisal problem, the specific requirements of the intended user(s) and the intended use of the appraisal report. Reliance upon this report, regardless of how acquired, by any party or for any use, other than those specified in this report by the Appraiser, is prohibited. The Opinion of Value that is the conclusion of this report is credible only within the context of the Scope of Work, Effective Date, the Date of Report, the Intended User(s), the Intended Use, the stated Assumptions and Limiting Conditions, any Hypothetical Conditions and/or Extraordinary Assumptions, and the Type of Value, as defined herein. The appraiser, appraisal firm, and related parties assume no obligation, liability, or accountability, and will not be responsible for any unauthorized use of this report or its conclusions. Additional Comments (Scope of Work, Extraordinary Assumptions, Hypothetical Conditions, etc.): Form GPRES2AD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.: Property Address:City:State:Zip Code: Client:Address: Appraiser:Address: Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007 1484 2250363.000Certifications 457 NW 1st Ave Boynton Beach FL 33435 Boynton Beach Community Redevelopment 100 E. Ocean Avenue, Boynton Beach, FL 33435 Ronald Saar 2801 Exchange Court, West Palm Beach, FL 33409 APPRAISER'S CERTIFICATION I certify that, to the best of my knowledge and belief: - The statements of fact contained in this report are true and correct. - The credibility of this report, for the stated use by the stated user(s), of the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. - I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. - Unless otherwise indicated, I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. - I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results. - My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. - My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. - I did not base, either partially or completely, my analysis and/or the opinion of value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property, or of the present owners or occupants of the properties in the vicinity of the subject property. - Unless otherwise indicated, I have made a personal inspection of the property that is the subject of this report. - Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification. Additional Certifications: DEFINITION OF MARKET VALUE *: Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated October 27, 1994. Theresa Utterback Boynton Beach Community Redevelopment utterbackt@bbfl.us 100 E. Ocean Avenue, Boynton Beach, FL 33435 Ronald Saar Anderson & Carr, Inc. (561) 833-1661 rsaar@andersoncarr.com 9/4/2025 Cert GenRZ4225 FL 11/30/2026 August 30, 2025 Form GPRES2AD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.: Property Address:City:State:Zip Code: Client:Address: Appraiser:Address:SIGNATURESClient Contact:Client Name: E-Mail:Address: APPRAISER Appraiser Name: Company: Phone:Fax: E-Mail: Date Report Signed: License or Certification #:State: Designation: Expiration Date of License or Certification: Inspection of Subject:Interior & Exterior Exterior Only None Date of Inspection: SUPERVISORY APPRAISER (if required) or CO-APPRAISER (if applicable) Supervisory or Co-Appraiser Name: Company: Phone:Fax: E-Mail: Date Report Signed: License or Certification #:State: Designation: Expiration Date of License or Certification: Inspection of Subject:Interior & Exterior Exterior Only None Date of Inspection: Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007 1485 Form PIC3X5.SR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page N/A 457 NW 1st Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Redevelopment Agency Subject Front Sales Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 457 NW 1st Ave N/A 1,443 6 3 2 Residential Average 10,454 sf Average 74 Subject Front Subject Street W/B Borrower Lender/Client Property Address City County State Zip Code 1486 Form PIC3X5.SR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page N/A 457 NW 1st Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Redevelopment Agency Subject West Facade Sales Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 457 NW 1st Ave N/A 1,443 6 3 2 Residential Average 10,454 sf Average 74 Subject East Facade Subject Street E/B Borrower Lender/Client Property Address City County State Zip Code 1487 Form PIC3X5.SR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page N/A 457 NW 1st Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Redevelopment Agency Living Room Sales Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 457 NW 1st Ave N/A 1,443 6 3 2 Residential Average 10,454 sf Average 74 Family Room Kitchen Borrower Lender/Client Property Address City County State Zip Code 1488 Form PIC3X5.SR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page N/A 457 NW 1st Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Redevelopment Agency Kitchen Sales Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 457 NW 1st Ave N/A 1,443 6 3 2 Residential Average 10,454 sf Average 74 Bedroom 1 Bedroom 2 Borrower Lender/Client Property Address City County State Zip Code 1489 Form PIC3X5.SR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page N/A 457 NW 1st Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Redevelopment Agency Bedroom 3 Sales Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 457 NW 1st Ave N/A 1,443 6 3 2 Residential Average 10,454 sf Average 74 Bath 1 Bath 2 Borrower Lender/Client Property Address City County State Zip Code 1490 Form PIC3X5.SR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page N/A 457 NW 1st Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Redevelopment Agency Family Room Sales Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 457 NW 1st Ave N/A 1,443 6 3 2 Residential Average 10,454 sf Average 74 Covered/Screened Patio Air Handler Borrower Lender/Client Property Address City County State Zip Code 1491 Form PIC3X5.SR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page N/A 457 NW 1st Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Redevelopment Agency HW Heater Sales Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 457 NW 1st Ave N/A 1,443 6 3 2 Residential Average 10,454 sf Average 74 Garage Compressor Borrower Lender/Client Property Address City County State Zip Code 1492 Form PIC3X5.CR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Comparable Photo Page N/A 457 NW 1st Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Redevelopment Agency Comparable 1 Prox. to Subject Sale Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 131 SW 1st Ave 0.37 miles E 475,000 1,399 6 3 2 Residential Average 6,469 sf Average 71 Comparable 2 Prox. to Subject Sale Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 305 SW 2nd St 0.33 miles SE 460,000 1,280 6 3 2 Residential Average 11,580 sf Average 69 Comparable 3 Prox. to Subject Sale Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 203 SW 3rd Ct 0.15 miles S 364,000 1,372 6 3 2 Residential Average 9675 sf Average 46 Borrower Lender/Client Property Address City County State Zip Code 1493 Form PIC4X6.CR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Comparable Photo Page N/A 457 NW 1st Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Redevelopment Agency Comparable 4 Proximity Sale Price GLA Total Rooms Total Bedrms Total Bathrms Location View Site Quality Age 446 SW 2nd Ave 0.21 miles S 345,000 1,374 6 3 2 Residential Average 8,778 sf Average 59 Comparable 5 Proximity Sale Price GLA Total Rooms Total Bedrms Total Bathrms Location View Site Quality Age 419 SW 4th Ave 0.32 miles S 575,000 1,412 6 3 2 Residential Average 9,147 sf Average 54 Blank Borrower Lender/Client Property Address City County State Zip Code 1494 Plat Map Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 1495 Aerial Map Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 1496 Building Sketch Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 1497 Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Location Map N/A 457 NW 1st Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Redevelopment Agency Borrower Lender/Client Property Address City County State Zip Code 1498 Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Location & Comparable Sales Map N/A 457 NW 1st Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Redevelopment Agency Borrower Lender/Client Property Address City County State Zip Code 1499 Form SCNLGH - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Appraiser Qualifications N/A 457 NW 1st Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Redevelopment Agency Borrower Lender/Client Property Address City County State Zip Code 1500 Form SCNLGH - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Appraiser License N/A 457 NW 1st Ave Boynton Beach Palm Beach FL 33435 Boynton Beach Community Redevelopment Agency Borrower Lender/Client Property Address City County State Zip Code 1501 1502 1503 2801 EXCHANGE CT, W. PALM BEACH, FL 33409 ANDERSONCARR.COM 561.833.1661 ANDERSON & CARR INC. January 29, 2026 Theresa Utterback, Development Services Specialist Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Dear Ms. Utterback: Pursuant to your request, we have prepared this addendum letter to our prior report of the assemblage of 13 parcels totaling approximately 3.30 acres or 143,684 square feet. Said prior report is identified as follows: AC#2250168.000 Report Date: April 18, 2025 Effective Date April 13, 2025 The purpose of this amendment is to calculate the added value if the following parcel is added to the property assemblage. PCN: 08-43-45-28-27-000-0053 Address: 457 NW 1st Avenue, Boynton Beach, FL 33435 Site Size: 72.5 ft x 137.3 ft, or approximately 9,954 square feet. Legal Description from the deed dated 1/24/2014, recorded in Palm Beach County OR Book 26603, Page 0064: In the opinion of the appraisers, the market value of the additional 9,954 square feet is calculated as follows: 9,954 square feet x $53.5 per square foot = $532,552, rounded to $535,000. 1504 West Boynton Beach Boulevard Land Assemblage A&C JOB NO.: 2250168.000a Theresa Utterback Page 2 January 29, 2026 As a result of our analysis, we have developed an opinion that the market value of the fee simple estate (as defined in the report), of adjacent parcel PCN 08-43-45-28-27-000-0053, Street Address: 457 NW 1st Avenue, Boynton Beach, FL 33435, if added to the overall assemblage, subject to the definitions, certifications, and limiting conditions set forth in report AC# 2250168, as of April 13, 2025 was: CURRENT MARKET VALUE (AS-IS): $535,000 This letter, addendum AC#2250168a, must remain attached to the original report AC#2250168 in order for the value opinion set forth to be considered valid. Your attention is directed to the General Limiting Conditions contained within this original report. Respectfully submitted, ANDERSON & CARR, INC. Robert B. Banting, MAI, SRA Cert Gen RZ4 William H. Spengler Cert Gen RZ4659 RBB/WHS:cmp 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 •Attachment I - Proposed Community Input Survey COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 NEW BUSINESS AGENDA ITEM 15.B SUBJECT: Discussion and Consideration of Community Input Survey for 480 W. Boynton Beach Blvd. and Surrounding Properties SUMMARY: During the Special Meeting held on January 20, 2026, the CRA Board discussed the importance of obtaining community feedback to help inform redevelopment efforts for the property location at 480 Boynton Beach Boulevard and the surrounding 13 parcels. In alignment with that direction, staff has compiled a comprehensive list of survey questions designed to gather community input on redevelopment priorities, desired uses, and overall vision for the site. To view the proposed survey, please see Attachment I or the online version. Upon CRA Board approval, staff will distribute the survey throughout the community using a multi-channel outreach approach to maximize participation, including: Door hangers in neighborhoods surrounding the project site Digital marketing and social media platforms Print marketing via a utility bill insert The feedback collected will be summarized and presented to the CRA Board for review. FISCAL IMPACT: Fiscal Year 2025-2026 Budget - 01-57400-216 - $2,500 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 1521 COMMUNITY INPUT SURVEY 480 W. Boynton Beach Blvd. & Surrounding Parcels The Boynton Beach Community Redevelopment Agency (BBCRA) is seeking community input on the future of the 2.11-acre property located at 480 W. Boynton Beach Boulevard, and 13 additional parcels located in the surrounding area. Located within the Boynton Beach Boulevard District, this property plays a vital role in the BBCRA’s vision for a welcoming and attractive gateway into Downtown Boynton Beach. The CRA Plan for this district envisions mixed-use and low-density developments that foster a vibrant, pedestrian-friendly corridor, with engaging public spaces and private investment. We invite residents, business owners, and stakeholders to share their ideas and preferences for what they would like to see developed at this site. Your feedback will help determine future planning efforts and ensure the redevelopment aligns with the needs and vision of Boynton Beach.  1522 1523 Which of the following best describes your relationship to Boynton Beach? (Select all that apply) Resident: I live in the City of Boynton Beach. Business Owner: I own or operate a business in Boynton Beach. Property Owner: I own property near the East Boynton Beach Blvd. & I-95 area. Commuter: I work in Boynton Beach. Visitor: I visit Boynton Beach frequently for shopping and dining. Stakeholder Representative: I represent a local non-profit, HOA, or community group. How close do you live or work to the project site? Within 1/4 mile 1/4 - 1/2 mile 1524 1/2 mile - 1 mile 1-2 miles 2-3 miles More than 3 miles What is your zip code? 33424 33425 33426 33435 33436 33437 33472 33473 33474 Other Zip Code (please specify): How often do you currently travel past this area? Daily Several times a week Occasionally Rarely 1525 How do you typically travel through this corridor? Car Bike Walking Public Transit Rideshare What types of development would you most like to see on this property?(Select all that apply) Mixed-use (retail, dining, residential) Affordable or workforce housing Hotel or hospitality Office or employment space Public green space or plaza Cultural, arts, or community space Entertainment or Sports Venue Other (please specify): What types of businesses or services would you most like to see featured? (Select up to three) Family-friendly dining Upscale dining 1526 Health and wellness (gym, fitness, medical) Arts, culture, or creative spaces Small local businesses National retailers Professional services What amenities or features would make this site most beneficial to the community? (Select up to three) Walkable design and sidewalks Local restaurants or cafés Grocery Store Neighborhood-serving retail Public gathering space or plaza Landscaping and shade Improved lighting and safety features Transit-friendly or bike-friendly features How important is it that redevelopment of this site creates new jobs or business opportunities in Boynton Beach? Very important Somewhat important Neutral Not very important Not important at all 1527 What level of building height do you feel is appropriate for this location at I-95 and Boynton Beach Boulevard? 1–2 stories 3–5 stories 6-7 stories 8+ stories Not sure As the gateway to Downtown Boynton Beach, what visual element is most important for this site? Distinctive architecture or signage Lush landscaping and green space Pedestrian lighting and decorative sidewalks Public art or water feature Modern, contemporary design Which statement best reflects your vision for the site? A vibrant gateway destination with a strong identity A neighborhood-scaled development that blends with nearby homes A balance of gateway presence and neighborhood compatibility Not sure / need more information What concerns, if any, should be considered during redevelopment? (Select all that apply) Traffic and congestion 1528 SUBMIT Report abuse Parking availability Building height or density Noise or activity levels Environmental impact Compatibility with nearby neighborhoods No major concerns Is there a place you have visited – anywhere in the world – that reflects your vision for what should be built on this site? If so, please describe it and what you like about it. Examples could include a downtown area, main street, mixed-use center, or public plaza you’ve visited. In your own words, what would you like this site to represent for Boynton Beach in the future? If you would like project updates, please provide your email address: 1529 •Attachment I - Event Memorandum •Attachment II - Business Development Promotions Budget COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 10, 2026 NEW BUSINESS AGENDA ITEM 15.C SUBJECT: Discussion and Consideration of FY 2025-2026 Business Development Promotions SUMMARY: In 2019, the Florida Legislature passed legislation amending the statutes governing CRAs. The amendments prioritized undertaking "brick-and-mortar" redevelopment, such as critical infrastructure and land acquisition, and in response Community Redevelopment Agencies (CRAs) across the state reassessed their operational focus. While the legislation introduced more stringent spending restrictions to ensure funds target blighted areas, interpretations have varied regarding the continued support of community events. To adapt to the legislative changes, the Boynton Beach CRA shifted or eliminated several of its events but elected to retain certain smaller, business-focused activations supported by trackable and reportable data. To ensure continued compliance and fiscal responsibility, the Executive Director of the Boynton Beach CRA requested a legal memorandum analyzing each of the CRA’s budgeted events. The resulting memorandum (Attachment I) is attached for discussion and consideration by the Board at the February 10, 2026, Board meeting. The FY 2025-2026 Business Development Promotions Budget is Attachment II. FISCAL IMPACT: Fiscal Year 2025-2026 Budget 02-58500-480 - $395,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 1530 1 4930-2775-8981, v. 2 Reply To: West Palm Beach MEMORANDUM TO: Chris Brown FROM: Kathryn Rossmell DATE: February 3, 2026 SUBJECT: Events Issue: You have provided me with the list of all events currently listed in the Boynton Beach Community Redevelopment Agency (BBCRA) FY 2025-26 budget and asked me to examine each item to determine whether the BBCRA may lawfully host such events. Factual Background: As discussed further below, in 2018, the Florida Legislature made significant changes t o the statutes governing community redevelopment agencies (CRAs), resulting in clearer direction for CRAs to focus on “brick-and-mortar” activities. Following the 2018 amendments, the BBCRA Board elected to phase out certain events and to continue others. For the events it has continued, the BBCRA began surveying participants and businesses in each event to determine, among other things, whether a particular event generated business for the entities involved, whether it generated new customers, and to gather other similar information so successful events could be replicated. In addition, the BBCRA implemented the use of Boynton Bucks, which are essentially coupons provided to participants to encourage them to patronize businesses within the CRA Area. The businesses then turn the Boynton Bucks over to the BBCRA for a full reimbursement, and the BBCRA is able to track whether an event drove traffic to a particular BBCRA business or set of businesses. 1531 2 4930-2775-8981, v. 2 In examining each of the events in the BBCRA’s FY2025-26 budget, I spoke with the BBCRA’s Business Development Manager and relied on historical knowledge and meeting minutes to determine the origin, purpose, an ongoing utility of each budgeted event. Survey results and data indications were included as reported to this office; however, this office has not independently reviewed the survey results, Boynton Bucks results, or other data. I have also confirmed that the operative BBCRA Plan permits events. Where applicable, additional facts relevant to my analysis of each event are outlined below. Legal Background: CRAs are special districts authorized by statute and thus may only exercise the powers specifically granted to them, either expressly or by necessary implication. See, e.g. Gardinier, Inc. v. Florida Dept. of Pollution Control, 300 So.2d 75, 76 (Fla. 1st DCA 1974). Any reasonable doubts as to the existence of a power are to be strictly construed against the government. See, e.g. State ex rel. Greenberg v. Florida State Bd. of Dentistry, 297 So.2d 628 (Fla. 1st DCA 2025). Sections 163.330 – 163.463, Florida Statutes (collectively, the “CRA Statutes”), provide for the creation and governance of CRAs. Further, various laws and rules that are generally applicable to special districts also apply to CRAs. See, e.g. Chapter 189, Florida Statutes – Uniform Special District Accountability Act. The question of whether CRAs may properly hold events has not been definitively determined in a court of law. Nor is the topic specifically addressed in the Florida Statutes. The existing Florida Statutes define “community redevelopment” and “redevelopment” to include “undertakings, activities, or projects of a … community redevelopment agency in a community redevelopment area for the elimination and prevention of the developme nt or spread of slums and blight.” § 163.340(9), Florida Statutes. The statutes also provide that CRAs, when granted the power through their enabling legislation1, have the power to “undertake and carry out community redevelopment and related activities2 within the community redevelopment area, which may include…[certain enumerated items].” Section 163.370(2)(c), Florida Statutes. This indicates that certain activities and undertakings are permitted, likely in addition to those items that are specifically permitted.3 Although undertakings and activities are permitted, the statute does not 1See § 163.358, Florida Statutes. 2 “Related activities” is a defined term not applicable to the question at issue. 3 The word “include” is generally interpreted by courts to be an “expansive” term, akin to “including but not limited to,” rather than a term of limitation. See Gaynor v. Williams, 366 So.2d 1243 (Fla. 3d DCA 1979). 1532 3 4930-2775-8981, v. 2 directly address the term “events,” and the terms “activities” and “undertakings” are not defined. The statute also permits CRAs to “provide, or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, …for or in connection with a community redevelopment… in the undertaking or carrying out of a community redevelopment and related activities, and to include in any contract let in connection with such redevelopment and related activities provisions to fulfill such of the conditions as it deems reasonable and appropriate.” Section 163.370(2)(d), Florida Statutes. Further, Section 173.370 indicates it is permissible to “develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and urban blight ,” Section 163.370(2)(i), Florida Statutes, and “[t]o appropriate such funds and make such expenditures as are necessary to carry out the purposes of this part.” Section 163.370(2)(l), Florida Statutes. Notably, there is a list of prohibited expenditures found in Section 163.370(3), Florida Statutes, and such list does not include event-related activities. Although legislation (CS/SB 1242) was proposed in 2025 to expressly prevent CRAs from funding events by including events within the list of prohibited expenditures, this legislation did not pass. Taken together, the statutes appear to indicate that activities, undertakings, services, privileges, techniques, and demonstrations are permitted in furtherance of the CRA plan, and that certain activities that are not expressly listed are likely permissibl e to some degree. The most applicable attorney general opinion on the topic provides “[p]romoting the use of a redeveloped area would appear to fall within the purposes of the community redevelopment act.” AGO 2010-40 (Community Redevelopment, promotional activities). The AGO then provides: [t]he enumerated uses of community redevelopment trust fund moneys are likewise couched in terms of redevelopment activities involving "bricks and mortar" in a manner of speaking, rather than promotional campaigns to encourage people to populate the area once the redevelopment has been accomplished. However, to read the statute as precluding the promotion of a redeveloped area once the infrastructure has been completed would be narrowly viewing community redevelopment as a static process. Accordingly, I cannot say that the use of community redevelopment funds would be so limited that the expenditure of funds for the promotion of a redeveloped area would be prohibited.” AGO 2010-40. In AGO 2010-40, Attorney General Bill McCollum notes that the then- effective statutes expressly stated that CRAs were empowered to engage in a number of 1533 4 4930-2775-8981, v. 2 undertakings “including but not limited” to those listed in statute. In spite of this permissive reading, AG McCollum cautioned that even where the statute specified that the list of permissible activities was not exclusive, CRAs were still only permitted to engage in activities consistent with the statutes and the CRA’s redevelopment plan. He simply reasoned that based on the statutory language, the question of whether promotio nal activities such as events could be included in a CRA budget (and therefore undertaken) was a question for the City with jurisdiction over the CRA, as the governing body with home rule powers. However, AGO 2010-40 was issued prior 2018, when a set of amendments significantly altered the CRA Statutes. The “but not limited to” language referenced in AGO 2010-40 did not survive the 2018 amendments and Section 163.387(6) now states that CRAs may only expend funds on certain enumerated activities. Those activities include those listed in Section 163.370, including activities, undertakings, services, privileges, techniques, and demonstrations. The 2018 statutory changes call into question the continuing validity of AGO 2010 -40 and the Office of the Attorney General has not articulated the effect of those changes on its opinion, if any. It is clear that the 2018 amendments were intended to limit the expenditures of funds to certain statutory purposes, but the Florida Legislature did not remove activities, undertakings, services, privileges, techniques, and demonstrations from the list of permissible uses of CRA funds; more recently, it declined to pass an amendment that would have expressly prohibited events. The Florida Redevelopment Association (“FRA”), which is a private professional association whose members are primarily comprised of those with an association with community redevelopment agencies, has issued an opinion that CRAs should not host events. In speaking with colleagues across this state, it appears the FRA’s legal opinion is not universally held. In short, whether CRAs may properly host events is an unresolved legal question in the state of Florida. There is support in the statutes and AGO 2010 -40 that the City as the governing body of the CRA has some home rule authority to find that events are considered to be a type of activity, undertaking, privilege, service, technique, and/or demonstration that are properly within a CRA’s budget and in furtherance of a CRA plan; however, because ambiguity in the statutes concerning the grant of a power are to be construed against the government, holding events carries some risk to CRAs. BBCRA Events As stated above, the ambiguity in the statute concerning events means that the BBCRA’s continued participation in events carries the risk that it may be found to be acting outside of its statutory mandate. Each event budgeted for FY 2025-26 has been analyzed below to assist the BBCRA in its evaluation of its events. 1534 5 4930-2775-8981, v. 2 Holiday Boat Parade, Spring Market, and Night Market Each of the three events listed above were originally created or undertaken to support businesses within the BBCRA Area. At least one of these activations (Night Market) was created in response to the Covid-19 pandemic to stimulate business within the BBCRA area and help BBCRA businesses survive the economic hardships imposed by the pandemic. The BBCRA has continuously given special privileges and services to businesses within the BBCRA area that participate in these events. However, due to the highly successful nature of these events, many businesses outside the BBCRA area now participate, and the events have outgrown their BBCRA footprint. Each of these three events are likely best transferred to the City to minimize risk to the CRA. Rock the Block The BBCRA’s Business Development Manager has indicated that the Rock the Block activation as it has previously existed no longer makes sense from a business development perspective and recommends repurposing those funds for different forms of business activations in that area. Therefore, no further analysis has been applied to this event. Rock the Plaza, Rock the Marina The Rock the Plaza events are intended to drive customers to B BCRA businesses during the slowest months of the year. Overall, businesses surveyed indicate that the events are successful for this purpose, and this appears consistent based on the data gathered through the Boynton Bucks program. These events can also act as a demonstration of successful utilization of CRA grant programs, and the data and techniques can be reported out to other CRAs. Of the existing CRA events, this one likely carries the least risk. The Rock the Marina is intended to serve a similar pur pose – to drive traffic to marina businesses during the slow months. The BBCRA “buys out” various marina-based boats and sells the tickets at a discount to the public. Data indicates it is successful for this purpose; however, each additional component of the activation (such as the lionfish derby) increases the risk to the BBCRA that it is acting outside of its statutory parameters. To lower its risk, the BBCRA could consider transferring the event to the City but continuing to support its marina-based businesses during the event. Snapshots with Santa Similar to the Rock the Plaza event, this activation uses Boynton Bucks and is held for the purpose of driving holiday-season business to local businesses, using the Snapshots with Santa as a marketing tool for that purpose. However, discussions indicate it is 1535 6 4930-2775-8981, v. 2 anticipated that this event will be reformatted to more closely match Rock the Plaza events and focus more on local vendors. If such changes are made, this event would likely be lower risk. An event whose main purpose appears to be taking photographs with a holiday figure would likely carry a higher risk to the CRA. Holiday Lighting The BBCRA provides funding for holiday lighting. Although CRAs are permitted to expend funds toward park improvements and remediation of inadequate lighting, it is not clear that this expenditure is consistent with current Florida statutes where such lighting is temporary and not linked to economic activity. Therefore, this item may be higher risk and therefore better transferred to the City. Food Tour/Bon Appetit/Restaurant Month This event is for the purpose of supporting CRA businesses by incentivizing customers to patronize restaurants in the BBCRA area during off-season months. It is also undergoing a format change. Surveys have been sent out to restaurants in the BBCRA area to locate businesses interested in participating and providing a prix-fixe menu as part of the initiative. It is not anticipated that the businesses will utilize Boynton Bucks but it is anticipated that data will be collected to determine the success of the program. Because it is being reformatted this event could likely be constructed in a way that will be relatively low risk to the BBCRA but may still carry more risk than the Rock the Plaza e vents if the event cannot also act as a demonstration of the use of CRA grant funds. Additional Recommendations and Considerations For any events the BBCRA elects to continue, it may be helpful to start including more of the data gathered from its survey results, Boynton Bucks program, and similar undertakings in its annual report, which is reported out to the FRA and available for distribution to the FRA’s members. Finally, because the question of whether events are permissible remains unanswered in statute, case law, or attorney general opinion that analyzes the current statutory language, the CRA could seek an attorney general opinion on this issue. 1536 BUSINESS PROMOTIONS TENATIVE DATES 2025/2026 BUDGET ROCK THE BLOCK Saturday, April 18, 2026 100 NE 4th Street Total Rock the Block $30,000 SNAPSHOTS WITH SANTA Ocean Plaza - 640 East Ocean Avenue Thursday, December 4, 2025 $6,000 Boynton Harbor Marina - 735 Casa Loma Blvd.Thursday, December 11, 2025 $6,000 One Boynton - 1501. Federal Highway Thursday, December 18, 2025 $6,000 Total Snapshots with Santa $18,000 HOLIDAY LIGHT/DECOR INSTALLATION December 2025 Dewey Park - 100 NE 4th Street $13,000 Boynton Harbor Marina - 735 Casa Loma Blvd.$14,000 Heart of Boynton District - MLK Jr. Blvd. & Secreast Blvd.$13,000 Total Holiday Light/Décor Installation $40,000 HOLIDAY BOAT PARADE Friday, December 12, 2025 Boynton Harbor Marina - 735 Casa Loma Blvd. Total Holiday Boat Parade $30,000 BOYNTON BEACH SPRING MARKET Saturday, March 28, 2026 Total Boynton Beach Spring Market $65,000 ROCK THE PLAZA Ocean Palm Plaza - 1600 N. Federal Highway Saturday, June 27, 2026 $20,000 Ocean Plaza - 640 East Ocean Avenue Saturday, May 16, 2026 $20,000 One Boynton - 1501 Federal Highway Saturday, April 9, 2026 $20,000 Heart of Boynton Shops - 118 E. MLK Jr. Blvd.Saturday, August 22, 2026 $20,000 Total Rock the Plaza $80,000 ROCK THE MARINA & MARINA MONTH Saturday, June 6, 2026 Boynton Harbor Marina - 735 Casa Loma Blvd. Total Rock the Marina $50,000 BOYNTON BEACH NIGHT MARKET Friday, July 24, 2026 & Saturday, July 25, 2026 Centennial Park & Amphitheater - 120 E. Ocean Avenue Total Boynton Beach Night Market $150,000 BON APPETIT BOYNTON BEACH - RESTAURANT MONTH September 2026 Locations TBD Total Bon Appetit Boynton Beach $50,000 EQUIPMENT & SUPPORT $50,000 RIBBON CUTTING/GROUND BREAKINGS $28,000 TOTAL COST OF BUSINESS PROMOTIONS $609,000 ROLLOVER TOTAL COST OF BUSINESS PROMOTIONS $609,000 BOYNTON BEACH CRA FY 2025 - 2026 BUSINESS DEVELOPMENT PROMOTIONS BUDGET - 02-58500-480 1537