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Agenda 12-07-04 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA DECEMBER 7, 2004 Jerry Taylor Mayor At Large Bob Ensler Commissioner District I Mack McCray Commissioner District II I Mike Ferguson Vice Mayor District III I Carl McKoy Commissioner District IV DISTRI T I Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES &. PROCEDURES FOR PUBUC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. 0 Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. 0 Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. 0 Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. 0 Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." 0 Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. 0 Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. 0 ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA December 7, 2004 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Vice Mayor Mack McCray C. Pledge of Allegiance to the Flag led by Commissioner Bob Ensler D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS: A. Announcements: 1. The Regular City Commission Meeting of December 21, 2004 has been cancelled 2. Appreciation Evening sponsored by Friends of the Library - Friday, December 10, 2004 from 6 to 8 pm. The theme is "Good Books, Good Food & Wine, Good Friends" - Admission is $5.00 B. Community and Special Events: None C. Presentations: 1. Proclamations: None 2. Presentation by Commissioner Mary McCarty of a $1 million check toward the purchase of Jaycee Park 3. Presentation of an Obie Community Spirit Award in recognition of the City's PAL football team, "The Bulldogs" - Presentation by The Orange Bowl Committee's Youth Football League 4. Presentation of Florida League of Cities Position on Annexation 1 Agenda Regular City Commission Meeting Boynton Beach, Florida December 7, 2004 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMINISTRATIVE: A. Appointments to be made: IV McKoy Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled (2) Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled (2) I Ensler Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled (2) II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled (2) II McCray Cemetery Board Alt 1 yr term to 4/05 I Ensler Code Compliance Board Alt 1 yr term to 4/05 Tabled (2) II McCray Code Compliance Board Alt 1 yr term to 4/05 I Ensler Community Relations Board Alt 1 yr term to 4/05 II McCray Education Advisory Board Stu 1 yr term to 4/05 (Tabled 3) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference - November 12, 2004 2. Regular City Commission Meeting - November 16, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004 Adopted Budget None C. Resolutions: 1. Proposed Resolution No. R04-202 Re: Authorizing the execution of an agreement with the CRA for the water main improvements for the purposes of extending a new water main from the Boynton Beach Boulevard Extension Promenade project across Federal Highway to SE 3rd Street including reimbursement by the City of Boynton Beach for an amount not to exceed $357,427.20 2 Agenda Regular City Commission Meeting Boynton Beach, Florida December 7, 2004 2. Proposed Resolution No. R04-203 Re: Authorizing the amendment to Task Order for Brown and Caldwell to continue Interim Utility Administration Services until February 15, 2005 to allow orientation and assistance to new Utility Director 3. Proposed Resolution No. R04-204 Re: Authorizing the execution of seven (7) contracts for services for Community Development Block Grant (CDBG) sub-recipients previously approved for funding on August 3, 2004 4. Intentionally Left Blank 5. Proposed Resolution No. R04-205 Re: Amending the Lake Diving Contract (R03-019) to permit a one-time allowance of a $250 credit in consideration for the time the course was closed due to Hurricanes Frances and Jeanne 6. Proposed Resolution No. R04-206 Re: Appointing a representative to the Palm Beach County League of Cities 7. Proposed Resolution No. R04-207 Re: Appointing a representative to the Metropolitan Planning Organization 8. Proposed Resolution No. R04-208 Re: Appointing a representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) 9. Proposed Resolution No. R04-209 Re: Appointing a representative and alternate to the Multi-Jurisdictional Issues Coordination Forum 10. Proposed Resolution No. R04-210 Re: Authorizing the Mayor to execute a quit claim deed on behalf of the City to the Deliverance by Faith Church and to accept a similar quit claim deed from the same church for properties located on NE Martin Luther King Jr. Boulevard (10th Avenue) 11. Proposed Resolution No. R04-211 Re: Land dedication to satisfy the Park Impact Fee requirements for the proposed Boynton Village Development Project on what is commonly known as the "Winchester" property D. Ratification of Planning & Development Board Action: 3 Agenda Regular City Commission Meeting Boynton Beach, Florida December 7,2004 1. St. Gregory Armenian Church (SPTE 04-011) - West of Southwest 8th Street, South of Boynton Beach Boulevard - Request for a one (1) year time extension of the site plan approval granted on September 2, 2003 from September 2, 2004 to September 2, 2005 E. Ratification of CRA Action: None F. Authorize the use of $2,500 of Community Investment Funds from Vice Mayor Mack McCray for the Black Awareness Program G. Approve expenditure in the amount of $8,291 from State Law Enforcement Trust Funds to purchase a KIDcard ID photo system and related equipment from Symbology Enterprises, Inc., a sole source provider, and MoreDirect, from State contract H. Intentionally Left Blank 1. Accept the award of the block grant in the amount of $41,130 between the City of Boynton Beach and the U.s. Department of Justice Office to fund taser equipment and in-car printers VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A Project: Barr Property (LUAR 04-009) Agent: John Barr, Cornerstone Premier Communities Owner: BMVFL -1, Inc. Location: 1801 NE 4th Street 1. Description: Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential to Special High Density Residential (1ST READING OF PROPOSED ORDINANCE NO. 04-090) - TABLED ON 11/16/04 2. Request to rezone from R- 3 Multi-family Residential to Planned Unit Development (PUD) (1ST READING OF PROPOSED ORDINANCE NO. 04-091) TABLED ON 11/16/04 Proposed use: Townhouse community of 180 units B. Barr Property (NWSP 04-013) - 1801 NE 4th Street -Request new site plan approval for a 180-unit town home development on a 9.88 acre parcel in a proposed PUD zoning district - TABLED ON 11/16/04 4 Agenda Regular City Commission Meeting Boynton Beach, Florida December 7, 2004 C. Project: Renaissance Commons Phase VI (COUS 04-008) Agent: James Comparato and Carl Klepper for Compson Associates of Boynton II, LLC Owner: Compson Associates of Boynton II, LLC Location: Southeast corner of Congress Avenue and Gateway Boulevard Description: Request for Conditional Use/New Site Plan approval of a Mixed Use project, including 348 multi-family dwelling units, 105,510 square feet of commercial and 176,097 square feet of office/storage space on an 18.126-acre parcel in an SMU zoning district IX. CITY MANAGER'S REPORT: A. Annual Review of City Manager's Performance B. Approve an interim water purchase contract with Palm Beach County Utilities for supplemental water purchase up to 5 million gallons per day for up to five (5) years - Proposed Resolution No. R04-) X. FUTURE AGENDA ITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed Lease Agreement with Boynton Woman's Club (TBA) C. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) D. Review of 2004 Hurricane Season (January 2005) E. Revamp of CDBG Allocation Process (January 2005) F. City Commission District Boundary Review (January 18, 2005) G. Annexation of Enclaves (TBA) H. Hurricane Design for Public Buildings 1. Town Square II Report (January 31, 2005) J. Recreation & Open Space Comprehensive Plan Presentation (January 31, 2005 5 Agenda Regular City Commission Meeting Boynton Beach, Florida December 7, 2004 XI. NEW BUSINESS: A. Discussion of Suspended Animation, Inc. (proposed use for zoning verification) (TABLED ON NOVEMBER 3,2004) XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-092 Re: Amending Section 108 of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code providing for public hearings before the Building Board of Adjustment & Appeals regarding complaints against contractors for fraud or willful disregard of the building codes B. Ordinances - 1st Reading None C. Resolutions: 1. Proposed Resolution No. R04-212 Re: Authorizing the CRA to issue tax increment bonds guaranteed by the City in an amount not to exceed $19,575,000 to fund capital and redevelopment projects D. Other: 1. Approval of proposed settlement for the properties owned by Theodore Ryan and Gerhard Degen XIII. UNFINISHED BUSINESS: None IV. ADJOURNMENT: NOTICE IF A PERSON DEODES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WIll NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESDMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE OTY SHAll FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABIUTY AN EQUAL OPPORTUNITY TO PAR110PATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACf JOYCE COSTELLO, (561) 742~6013 AT LEAST 1WENTY~FOUR HOURS PRIOR TO THE PROGRAM OR ACTJVITY IN ORDER FOR THE an TO REASONABLY ACCOMMODATE YOUR REQUEST. jmp REVISED FINAL AGENDA s:\CC\WP\CCAGENDAIAGENDASIYEAR 2004\120704 - FINAL AGENDA.DOC 6 III.-ANNOUNCEMENTS" PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office MeetÎne: Dates in to City Clerk's Office [8J December 7, 2004 November 15,2004 (Noon.) o February 1,2005 January 17,2005 (Noon) 0 December 21, 2004 December 6, 2004 (Noon) o February 15.2005 January 31, 2005 (Noon) 0 January 4, 2005 December 20, 2004 (Noon) o March 1,2005 February 14,2005 (Noon) o JMuary 18, 2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business [8J Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Presentation of a $1,000,000 check by Palm Beach County Commissioner Mary McCarty towards the development of Jaycee Park. EXPLANATION: For informational purposes. PROGRAM IMPACT: Funding of park allows perpetual public access to a prime parcel on the Intracoastal. FISCAL IMPACT: This funding plus the funds received from the Florida Trust will allow development of the park site. AL TERNA TIVES: Department Head's Signature ~- Department Name City Attorney I Finance I Human Resources S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.D<X III.-ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEAC Item C.3 AGENDA ITEM REQUEST F0nln Requested City Commission Datc Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ December 7, 2004 November 15, 2004 (Noon.) o February 1, 2005 January 17,2005 (Noon) o December 21. 2004 December 6, 2004 (Noon) o February 15, 2005 January 31,2005 (Noon) D January 4, 2005 December 20, 2004 (Noon) o Macch 1,2005 February 14,2005 (Noon) C) o January 18, 2005 January 3, 2005 (Noon) o Macch 15,2005 February 28, 2005 (Nd~ß) '""')--\ =ï-< - . <c:: ?1 -',-"1 0 0 ~ CD Administrative Development Plans - -:-',0 en _',J_'... NATURE OF 0 Consent Agenda 0 New Business <= AGENDA ITEM -u "';-1 0 Public Hearing 0 Legal - ' CJ :."):;;C 0 0 - -c¡ Bids Unfinished Business .. -r¡OJ -¡T1 0 ~ - Oþ Announcement Presentation - Pl("") 0 ::t: City Manager's Report RECOMMENDATION: This presentation will provide recognition for the City's PAL football team, "the Bulldogs". Our PAL football program provides athletic opportunities for our community's youth. There are over 300 kids in our football program. EXPLANATION: The Orange Bowl Committee's Youth Football League wants to present the City with an "Obie Community Spirit Award". This is to honor the City's efforts with the PAL Bulldog football team. The Orange Bowl Committee will also use this event to promote the upcoming Orange Bowl (College National FootballChampionsbip) PROGRAM IMP ACT: Our PAL youth activities are successful and public recognition of this worthwhile program is welcome. FISCAL IMPACT: N/A ALTERN;ø~__u j~ þ' Department Head's Signature City Manager's Signature Department Name City Attorney I Finance I Human Resources S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM. DOC Page 2 of2 November 5, 2004 Mayor Jerry Taylor City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Dear Mayor Taylor: In recognition of the significant community spirit generated by the City of Boynton Beach and its continued support of theibrange Bowl Committee's Youth Football League (OBYFL), specifically through the Boynton Beach Bulldogs, we would like to propose that the Orange Bowl Committee present you and the City Commission with an "Obie Community Spirit Award." In addition to honoring the City for its spirit, the presentation also will help generate excitement among residents, city officials and media for college football's National Championship Game and the exciting calendar of events the Orange Bowl Committee has created for South Floridians to enjoy. We envision the presentation taking place at a City Commission meeting prior to the end of the year. To add excitement, we'd bring Obie, the Committee's mascot, members of the "PATCH Patrol" to hand out commemorative PATCHes and other spirit items, and present you with the "Obie Community Spirit award." We expect the entire presentation would last no longer than 10 - 15 minutes. Of course, our media relations experts will work closely with yours to maximize the event's publicity potential. Mayor Taylor, we look forward to your thoughts and to working with you in support of the Orange Bowl Committee. Best Regards, Jeff Bray Jeff Bray Account Supervisor (954) 964-9098, ex!. 114 - office (954) 599-7613 - wireless www.oconnellgoldberg.com 0 1 -.---... J 11/15/2004 _..-,,,-,,.._,,.~..,.~-~,_-,,,,~., ._""'.- VI.-CONSENT AGENDA ITEM C.t CITY OF BOYNTON BEACH. AGENDA ITEM REQUEST FORM Requested City Conunission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetini! Dates in to Citv Clerk's Office MeetînQ" Dates in to Citv Clerk's Office [g] December 7, 2004 November 15,2004 (Noon.) o February 1,2005 January 17,2005 (Noon) o De.cemher 21,2004 o February 15,2005 C-, December 6, 2004 (Noon) January 31,2005 (Noon),......, (-, --i .. ..::-< D January 4, 2005 December 20, 2004 (Noon) o Ma"h 1, 2005 February 14,2005 (Noon}:'": ---<0 ~,~¿ -q ~c-:-:J D January 18,2005 January 3, 2005 (Noon) o Ma"h 15,2005 February 28, 2005 (Noon)-- C) en -, ~ -0 -~ ::::;. (,"c.) 0 Administrative 0 Development Plans c:):;:¿:: 1'::-;1 -;"' -~ì~~ NATURE OF [8J Consent Agenda 0 New Business -",' -- c-; -.,.:;:. AGENDA ITEM 0 0 W I-;~; :...., Public Hearing Legal :c 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to Approve and authorization for the Mayor to sign the attached Agreement for the water Main Improvements with the CRA, for the purposes of extending a new water main from the Boynton Beach Boulevard Extension Promenade project, across Federal Highway to SE 3rd Street, including reimbursement by the City of Boynton Beach for an amount not-to-exceed $357,427.20. EXPLANATION: The CRA is currently contracted with Burkhardt Construction, Inc. to construct certain improvements within the Boynton Beach Blvd. Extension Promenade. In order to facilitate traffic control, and insure timeliness of construction for necessary water main improvements, the CRA has contracted with Burkhardt Construction to construct a segment of 12-inch diameter water main from the Promenade project, across Federal Highway, to SE 3rd Street, where it will eventually be connected to a future main being constructed by the City. PROGRAM IMPACT: This water main extension is necessary to provide upgraded water service and fire protection to the Downtown Boynton Beach area. FISCAL IMPACT: $357,427.20, to be funded from the Capital Improvement Fund, account no. 401-5000-590-96-10, (WTR 129) AL TERNA TIVES: Reject the agreement, and place the project out to bid, which will result in a significant delay and increased costs for traffic control and possibly for construction. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM f.,4~ UTILITIES ~,{,¡{S CJ Department Name city Attorney / Finance / Human Resources Xc: Dale Sugennan (w/copy of attachments) Nem Gomez " Peter Mazzella " Barbara Conboy " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.OOC 1 2 RESOLUTION NO. R04- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE BOYNTON BEACH 9 COMMUNITY REDEVELOPMENT AGENCY FOR 10 WATER MAIN IMPROVEMENTS; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, the Boynton Beach Community Redevelopment Agency is currently 14 contracted with Burkhardt Construction, Inc., to construct a segment of 12-inch diameter 15 waler main from the Promenade project, across Federal Highway to Southeast 3'd Street, 16 where it will eventually be connected to a future main being constructed by Ihe City; and 17 WHEREAS, the water main extension is necessary to provide upgraded water 18 service and fire protection to the Downtown Boynton Beach area; and 19 WHEREAS, the City Commission of the City of Boynton Beach, upon 20 recommendation of staff, deems it to be in the best interests of the residents and citizens 21 of the City of Boynton Beach to approve the Agreement between the City of Boynton 22 Beach and Boynton Beach Community Redevelopment Agency including reimbursement 23 by Ihe City of Boynton Beach for an amount not to exceed $357,427.20. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section I. Each Whereas clause set forth above is true and correct and 27 incorporated herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby approve the Agreement between the City of Boynton Beach and the Boynton 1 Beach Community Redevelopment Agency for the purpose of extending a new water 2 main, including reimbursement by the City of Boynton Beach for an amount not to 3 exceed $357,427.20, a copy of said Agreement is attached hereto as Exhibil "A". 4 Section 3. That this Resolution shall become effective immediately upon 5 passage. 6 PASSED AND ADOPTED this _ day of December, 2004. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 ~---- 14 Vice Mayor 15 16 ..-- 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 ATTEST: 25 26 27 City Clerk 28 29 30 (Corporate Seal) 31 32 33 CA/reso/agreementsl CRA Police Service Agreement AGREEMENT FOR THE WATER MAIN IMPROVEMENTS THIS IS AN AGREEMENT, made and entered into this _ day of ,2004, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter "CRA") and the CITY OF BOYNTON BEACH, F]orida (hereinafter "CITY"). WHEREAS, the CITY has a need to upgrade water mains within the area of Ihe Boynton Beach Exlension-Promenade Project; and WHEREAS, the CRA currently has a Boynton Bcach Extension-Promenade Project (hereinafter "PROJECT"); and WHEREAS, the CRA has Burkhardt Construction, Inc. working on said PROJECT; and WHEREAS, the City desires to utilize Burkhardt Construction, Inc. for purposes of work efficiency and economic savings by utilizing the CRA's existing contract for water main work in the areas close to said PROJECT; and WHEREAS, the parties hereto desire to oulline the responsibilities re]ating to the water main work to be completed for the CITY; NOW THEREFORE, in consideration of Ihe mutual promises and covenants contained herein, and other good and va]uable consideration, the receipt and adequacy of which are acknowledged, the CRA and the CITY agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2.0 Responsibilities of the CRA. 2.1 The CRA will engage its Contractor, Burkhardt Construction, Inc. to complete the water main work as described herein in Exhibit "A" for the amount as described in Exhibit "A". 2.2 The CRA will pay Burkhardt Construction, Inc. for the costs of said water main work and the CRA will then be reimbursed by the CITY. 3.0 Responsibilities of the CITY. 3.1 The CITY will pay the CRA for the water main work completed by Burkhardt Construction, Inc. within 30 days of receipt of an invoice for such work; said invoice to be provided by CRA to CITY. 4.0 Term of Contract. The tenn of this Contract shall begin on the date of execution of the contract and end upon the completion of the water main improvements referenced herein. 5.0 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Page I LAP:st 10-13-04 C:\Documents and Settings\vielhauers\Local Settings\Temporary Jntemet Files\OLK18\BBCRA Ext - Promenade Proj - water maiD improvements.doc Agreemenl, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent pennitted by law. 6.0 Modification of Agreement. This Agreement may be modified upon mutual consent ofthe parties only in writing, and executed with the same dignity herewith. 7.0 Binding Authority. Each person signing Ihis Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect 10 all provisions contained in Ihis Agreement. 8.0 Governing Law and Venue. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Pa]m Beach County, Florida. IN WITNESS OF THE FOREGOING, the parties have sel their hands and seals the day and year first written above. Page 2 LAP:st 10-13-04 C:\Documents and Settings\vielhauers\Local Settings\Temporary Jntemet Filcs\OLKI8\BBCRA Ext - Promenade Proj - water main improvements.doc Signed and Seal and Witnessed CITY OF BOYNTON BEACH, FL in the presence of: Witness Mayor Witness ATTEST: Approved as to Fonn: City Clerk City Attorney Signed, sealed and witnessed in the CRA Presence of: >?_~-./J~kL~ Witness / Chair Witness State of Florida ) )ss. County of Palm Beach) Personally appeared before me duly authorized to administer oaths , to me known to be the person described herein and who executed the foregoing instrument and has acknowledged before me and has executed the same. Notary Public My Commission Expires: Page 3 LAP:st 10-13-04 C:\Documents and Settìngs\vielhauers\Local Settjngs\Temporary Internet Files\OLK18\BBCRA Ext - Promenade Proj ~ water main improvements.doc - OFF SITE WATER MAIN IMPROVEMENTS (CITY OF BOYNTON BEACH) Updated through October 4, 2004 From: Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 At!: Dennis E. Haynes Tel: (561) 659-1400 Fax: (561) 659-1402 To: Boynton Beach Community Redevelopment Agency 639 East Ocean Ave., Suite #107 Boynton Beach, FL. 33435 At!: Douglas Hutchinson, Director Tel: 737 - 3256 Fax: 737 - 3258 Project: C.RA Project # 2003-1 Utility Improvements for city of Boynton Beach Boynton Beach Blvd.! Off Site Utility Work (Fed. Hwy.) Engineer: Kimley - Horn And Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FI. 334070 Plans: Sheets 1, 20.1, 20.2, 21.1, 21.2, 21.3 & 21.4 All sheets dated 03/26/04 with no revisions except: 20.1 & 20.2 dated 07/08/04 revised 05/14, 05/19, 06/02, 07115, & 08/12/04 and as stamped approved by the Palm Beach County Health Department Item Description Quantity Unitp,.ice Amount Mobilization/ General Conditions 1 Total Includes All Of The Following; LS $43,445.00 $43,445.00 Permitting LS Layout & As-Buin Drawings LS Supervision & Project Manager LS Standard Insurance OVerhead LS Performance & Payment Bond LS Testing Costs LS Design! Build Insurance LS OFF-SITE WATER MAIN 1 OF 3 - Maintenance of Traffic 1 Vehicle Message Board LS $19.015.00 $19,015.00 Advance Warning Signs LS HI-intensity Lights LS Corral Barricades LS Flashers LS Steady Burn Lights LS Speciaity Signage LS Temporary Striping LS Permanent Striping LS Detour Signage LS Flagmen LS Temporary Steel Plates LS Clearing & Grubbing $4,305.00 Clearing & Grubbing 1 LS $ 4,305.00 $4,305.00 Subgrade, Base & Asphalt $43,750.00 Sawcut Asphalt 1000 LF $ 1.20 $ 1,200.00 Flowable Fill 90 CY $ 96.00 $ 8,640.00 2" Type S Asphalt 1290 SY $ 12.00 $ 15,480.00 Remove Existing Aspha~ 1290 SY $ 9.00 $ 11,610.00 Curb Removal 25 LF $ 4.80 $ 120.00 Curb & Gutter 25 LF $ 24.00 $ 600.00 Sidewalk Removal 1000 SF $ 1.25 $ 1,250.00 Sidewalk 1000 SF $ 4.85 $ 4,850.00 Landscape/Irrigation $1,500.00 Remove existing. Landscaping 1 LS Restore Irrigation 1 LS Replace Median Plantings 1 LS OFF-SITE WATER MAIN 2 OF 3 - Water Main $249,717.20 12" DIP CL 350 612 LF $92.45 $56,579.40 12" MJ Gate Valve 4EA $2,050.00 $8,200.00 12" 22.5 de9ree bend 2EA $849.00 $1,698.00 12" 45 degree bend 6EA $899.00 $5,394.00 12" x 6" MJ Tee 4 EA $886.00 $3,544.00 12" x 12" MJ Tee 2EA $1,453.00 $2,906.00 12" MJ Cap 3EA $742.00 $2,226.00 6"DIP 36 LF $88.80 $3,196.80 6" MJ Gate Valve 4 EA $1,282.00 $5,128.00 6" x 6" Tapping Tee & Valve 1 EA $5,672.00 $5,672 00 6" 90 degree bend 1 EA $675.00 $675.00 6" MJ Cap 2EA $445.00 $890.00 2" Blowoff 2 EA $1,632.00 $3,264.00 Sample Points 4 EA $445.00 $1,780.00 Concrete Thrust Blocks 10 CY $495 00 $4,950.00 EMS Marker 10 EA $39.00 $390.00 Replace 6" Tee wi 6" cross 1 EA $3,205.00 $3,205.00 Tie into existing 12" DIP 1 EA $845.00 $845.00 Tie into existing 6" DIP 1 LS $845.00 $845.00 Cut in and Cap exist. 6" 1 LS $765.00 $765.00 Jack & Bore 110 LF $745.00 $81,950.00 Cassìng Spacers 12 EA $275.00 $3,300.00 Dewatering 1 LS $35,765.00 $35,765.00 Storm Drain Relocation 1 LS $12,345.00 $12,345.00 Pigging w/12" x 12" Wye 1 EA $4,204.00 $4,204.00 Total Contract Value $357,427.20 OFF-SITE WATER MAIN 3 OF 3 .---..--.- VI.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM C.2. AGENDA ITEM REQUEST FOhn.. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina! Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv CI~rk's omc~ rg) December 7, 2004 November 15,2004 (Noon.) o February 1,2005 January 17, 2005 (Noon) D December 21, 2004 December 6, 2004 (Noon) o February 15, 2005 January 31, 2005 (Noon) o January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005 February 14,2005 (Noon) o January 18, 2005 January 3, 2005 (Noon) o March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [8:J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Authorization by Resolution of Amendment to Task Order for Brown and Caldwell to continue Interim Utility Administration Services until February 15, 2005 to allow orientation and assistance to new Utility Director. EXPLANATION: The City Manager and an interview team is expected to select a new Utility Director in December. The interview team includes representatives of the bargaining unit, utility administration, the director of a city/county utility and city department heads. It is projected that if the recruitment is successful, the new Utility Director will start at the City in early 2005. The request is to amend the task order by $39,260 to include contiuued Utility Administration services at 48 hours a week until January IS, 2005. Thereafter Brown and Caldwell's engagement will be reduced to 16 hours a week until February 15, 2005. PROGRAM IMPACT: Continuation of the services by Brown and Caldwell is recommended to keep the utility projects and activities on track. FISCAL IMPACT: Funds are available in the 2005-06 budget owing to the fact that the Utilìty Director and Two Deputy Utility Director positions are unfilled at this time. ALTERNATIVES: Do not extend contract. City Manager will need to assume management of Utility on an interim basis until a new Director comes aboard. Department Head's Signature Department Name ance / Human Resources S,IBULLETtNIFORMSIAGENDA ITEM REQUEST FORM.DOC " I II 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING AMENDMENT NO. 3 TO TASK 6 ORDER NO.1 TO BROWN AND CALDWELL, INC., IN 7 THE AMOUNT OF $39,260.00 TO PROVIDE 8 CONTINUED PROFESSIONAL CONSUl" TING 9 SERVICES FROM DECEMBER 15, 2004; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, on May] 8, 2004, the City approved Task Order No. ] with the finn of 13 Brown and Caldwell to provide interim Utilities Director services for a period of twenty 14 (20) weeks; and 15 WHEREAS, on September 7, 2004, Task Order No. ] was amended to provide for 16 an analysis of the Utilities department to assess its current organizational structure and 17 processes; and 18 WHEREAS, the City Manager and an interview team is expected to select a Utility 19 Director in December. It is expected the new Utility Director will start at the City in early 20 2005; and 21 WHEREAS, the amendment will extend the services of Brown and Ca]dwell trom 22 December ]5, 2004 through January ]5, 2005, at 48 hours per week and from January ]6, 23 2005 until February 15, 2005 at ] 6 hours a week; and 24 WHEREAS, the City Commission, upon staffs recommendation, has deemed it 25 appropriate and in the best interests of the public to approve Amendment No. 3 to Task 26 Order No.] in the amount of $39,260.00 to Brown and Ca]dwell for continued services by 27 the Interim Utilities Director. 28 NOW, THEREFORE, BE ITRESOL VED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, I''LORIDA, THAT: S:\CA\RESO\Agreements\Task - Change Orders\Amendment No 3 -Brown and Caldwell- Task Order 1 ,doc -_._- ~-,.- 1 I Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned 2 I as being true and correct and are hereby made a specific part of this Resolution upon 3 i adoption hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby authorize and direct the approval and execution of Amendment No.3 to Task Order 6 No. I in Ihe amount of $39,260.00 to Brown and Caldwell, for continued services by the 7 Interim Utilities Director at 48 hours per week until January 15, 2005 at which time Brown 8 and Caldwell's engagement will be reduced to 16 hours per week until February 15, 2005. 9 Section 3. This Resolution shall become effective immediately upon passage. 10 PASSED AND ADOPTED this _ day of ,2004. 11 CITY OF BOYNTON BEACH, FLORIDA 12 13 14 Mayor 15 16 17 Vice Mayor 18 19 20 Commissioner 21 22 23 Commissioner 24 25 26 ATTEST: Commissioner 27 28 29 City Clerk 30 S:\CAIRESO\Agreements\Task _ Change Orders\Amendment No 3 -Brown and Caldwell- Task Order 1.doc Task Order No.1· Water And Wastewater Utility Management Services A. Background The position of Utilities Department Director for the City of Boynton Beach (City) is currently filled on a part-time basis by the Assistant City Manager. The City desires that the position be filled on a full-tÎttle interim basis, utilizing the services of Brown and Caldwell (Be) while a search for a pennanént Utilities Director is conducted. The City has requested that BC provide a scope of work to address this request for Utility Director Services for the City's Water and Wastewater Utility. The specific tasks are described below in Section B, Scope of Work. The Director of Utilities is responsible for managing the day-to-day activities of the Department and responding to the needs of the City Manager. The following are specific examples of the skills to be provided: · Planning skills and management techniques, as they relate to public utilities · Applying the principles, practices, and procedures of public and business administration as required in a Iarge operation. · Assisting the City in the "enterprise funding" prpcess as related to budgeting, cost accounting, financial planning and management. · Assisting the City in the "general funding" process utilized by local government. · Communicating effectively, orally and in writing, with the City Comnússion and City Manager. · Planning and directing the work of a staff of technical and clerical employees. · Maintaining effective working relationships with staff, other departments and the public. With these skills in mind, BC has compiled the following scope öf work listing the duties anticipated. The duties have been separated into three tasks reflecting the categories of work required. B. Scope of Services , Task 1- General Utility Management BC will be responsible for the following general utility management tasks, as they relate to interaction with other City Departments and the general public: . . Professional and administrative work planning. 4P;\GEtMJ1079.flORID"-ßDI62O_BOYNTONBCHlWORKcORDE"-1ITASK-ORDER_ONE.OOC 1/4 r~" _._._-----~_. . Directing and coordinating all utility infrastructure planning and construction, including coordination of long-range financing, negotiatirig with developers and working with Federal and State agencies. . Coordinating with other City Departments (Engineering, Planning, Building, Public Works, Parks and Recreation, etc.) regarding a structured program for utility extensions and construction, in compliance with City Commission policy and development trends. · Responding to customers, developers, engineers, etc., regarding complaints related to the City's Utilities Department. · Administering negotiations with developers and distributing documents to appropriate city disciplines, to include the City Manager and City Attorney. · Working in cooperation with City Manager and City Financial Advisors, and with Federal and State agencies regarding grants and other applications In addition, BC will perform related tasks as requested by the City Manager. Task 2 - Water and Wastewater Program AdministratIon BC will be responsible for !he following program administration tasks, as they relate to the City's Water and Wastewater Utility Department: · Prioritize and identify long-range water and wastewater system needs · Plimning and directing water and wastewater p';Ograms for the City utility service area. · Coordinating planning, design and construction phases of water and wastewater facilities · Coordinating long-range financing of Water and wastewater projectB with City financial advisors. · Reviewing existing Water Ufilities Department organizational processes, procedures, physical ·aspects, etc., of various tasks, to maintain efficient and effective service. In addition, BC will perform related tasks as requested by the City Manager . Task 3 - Utility Personnel Administration Be shall assist thè City in the following personnel administration tasks, as it relates to the Water and Wastewater utility: . Review the existing organizational structure of the Utilities Department and provide recommendations to the City Manager regarding opportunities for . improvement. . Administer the selection process for a new Utilities Director. This will include providing a written outline of the job description to the City Manager, P:\GEM91079JLORIDA..BDI62O..BOYNTDNBCIJ\WORK...OROE~ 1\TASK...OROEA_0NE.OOC .214 . Serve on the selection committee and assist in the interview process to ensure that the City obtains the best available candidate for the position of Utilities Director. . Perform a functional analysis of Utility Department personnel and material resources to evaluate operational efficiency. In addition, BC will perform related tasks as requested by the City Manager. C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of this Task Order. Changes and! or modifications .in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. The City will provide Consultant with a proper working environment, such as office space, furniture, cOmmunication system and staff support, in order to operate effectively. 2. No deliverables have been defined at this time, other than prOViding the necessary level of services required by City. Should specific deliverables be identified during . the course of this agreement, they will be addressed as revisions to this Task Order. 3. BC personnel initially assigned to this project are as follows: Ronald M. Ash, P.E. for a minimU1Ìl of 8 hours per week Nem Goinez, Senior Utility Engineer, 40 hours per week Other staff and! or expertise as may be required D. Contract Reference The terms and fee for services to be provided shall be in accordance with the existing signed contract agreement dated November 18, 2003 by and between the City and Be. E. Additional Services Should additional services be required, such services shall be provided to the City in Subsequent task orders in accordance with the tenns and conditions of the existing signed COnn-act agreement dated November 18, 2003 by and between the City and Be. P,IGEM91079J'LORfD>\..BDIB20_BDYNTONBCHlWORK_ORDEfl11TASfCORDEflDNE.OOC 3/4 -<.-..--. .......- F. Compensation Compensation by the City to BC for all tasks described in tlùs Task Order shall be on an hourly rate basis in accordance with the above mentioned existing signed Contract Agreement dated November 18, 2003 by and between the City and Be. Actual costs to include expenses will be invoiced for the amount of work actually required. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this day of ,2004. SUBMlIŒD BY: Brown and Caldwell By: ç::;¿ vii- ¥~ Ronald M. Ash Vice President Dated this R.L day of April ,2004. . P:\GENI91079..FLORJOA..BD\6ðLBOVNTONBCHlWORICORDER_1ITASlCORDER_ONE.DOè 4'4 0 0 0 g¿ 00 N 0 V '" V IV 00 1'0 I!) IV I') N I!) 3: .... .... \D N 1-111 1-111 1-111 <:> g 0 1_ J2 <:> 0 . \0 "I- 0 ~æ Ch CO 00 ~S: '" Ch N .... J:\<:> .~ '" I~~ '-III ..;: 00 0 g¿ 00 0 ;! NDO 0 IV NI') \0 0 IV N 1J~ NI'o '" .... N "'.... 'E E 1-1#1-111 1-111 :¡¡¡ « w 00 0 "- .... g¿ 0 0 0 0 c: DO N 0 IV IV V '" $ IJ E IV 3: .... V ~ I~ 0 e ~ .... a. c: 1-1#1 -1#1 1-1#1 L.. W IV 000 'E v 0 .>< .>< IV UJ IV {!!. .~ õi ~ ~ :r '0 ¡¡; 0 0 U 0 0 '0 L/') '" c: ':00 N '" :r.... .... c: ~ UJ ¡¡; ~ &1-111 -III .... e (:. <D ... IV C , B ui ~ 0: IV .r;N U) :¿~ ~ .... c: '00 IV :ti E ¡¡;C> ;:¡ .~ c:c: o IV E c: o::z ï:: ~ L.. L.. .& I ~ IV c: « '" IV ... 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UU) VI.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM C.3 AGENDA ITEM REQUEST FOKM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetino Turned in to City Clerk's Commission Meetina Dates Turned in to City Clerk's Office Dates Office i:2:I December 7, 2004 November 15, 2004 (Noon.) o February 1, 2005 January 17, 2005 (Noon) o December 21, 2004 December 6, 2004 (Noon) o February 15, 2005 January 31, 2005 (Noon) o January 4, 2005 December 20,2004 (Noon) o March 1, 2005 February 14, 2005 (Noon) o January 18, 200S January 3, 2005 (Noon) o March 15, 2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans n i:2:I 0 ::J--\ NATURE OF Consent Agenda New Business ~-< AGENDA ITEM 0 Public Hearing 0 Legal ::r.: "<c' .:::> .-)--rj 0 ~ ûGJ 0 Bids Unfinished Business w -10 0 0 c:> ~o -< Announcement Presentation ::',::t: :po ,';---4 0 City Manager's Report ~ '0 '-::::J% - "'f1 - -Y1OJ RECOMMENDATION: Staff recommends the approval of seven (7) contracts for services for Cqjj¡mUflj~ Development Block Grant (CDBG) sub-recipients previously approved for funding on August 3, 2004. ...... rn c-> :J: EXPLANATION: The sub-grantees have submitted required budgets, scopes of services, and timelines for performance as addendum to the contracts for services to be performed. PROGRAM IMPACT: The impact is the provision of much needed services that are eligible under the CDBG program provided to our community by various organizations, and the emphasis on growth of the economy. These factors meet the City's objectives and priorities as set forth in the Five Year Consolidated Plan. The grantees are as follows: Sub-Grantee Program Award Aid to Victims of Provides 24 hours cnsls hotline services for victims of family violence $15,000 Domestic Assault needing a safe environment, counseling, case management, & group counseling for adults, elder victims & children. Boynton Beach Provides activities under its Affordable Housing Development Initiative $50,000 Faith Based CDC which includes homeownership counseling, lot acquisition & single family home construction, acquisition of existing homes for rehabilitation & resale, project development, and marketing and other initiatives. Citizens Concerned After school tutoring for at-risk students at various locations within the $5,000 About Our Children target area. Community Caring Provides emergency services for City residents to include food, shelter, $25,000 Center medical & utility bill assistance, as well as support group counseling for drugs & HIV/AIDS, and iob skills training, advocacy, and education. Fair Housing Center Provides monitoring for compliance with fair housing laws, as well as $10,000 assistance for victims who seek to access legal redress & relief. Provides activities throughout the year for the public. media, and financial institutions to provide information and education to include a quarterly newsletter. Palm Beach County Provides economic development & job creation by assisting in providing job $25,000 Resource Center plans, loan packaging, workshops, & procurement assistance for existing & new up-start businesses. R. M. Lee CDC Provides job training & counseling, with emphasis on job searches, resume $50,000 development, application submission. Programs also include economic & community development opportunities, youth programs, and addressing problems of affordable housing for seniors and residents of public housing. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: A total of $180,000 has been awarded to these grantees for fiscal year 2004/2005. ALTERNATIVES: , !. ~ Department of Development Community Improvement Division Department Name Cit S~\CQmm~_~"UWM1It\~MI. ~l!J.Jt~tt~N-M( _r.at. dot I RESOLUTION R04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING EXECUTION OF TEN 6 CONTRACTS FOR SERVICES BETWEEN THE 7 CITY OF BOYNTON BEACH, FLORIDA, AND 8 SEVEN (7) SUB-RECIPIENTS OF COMMUNITY 9 DEVELOPMENT BLOCK GRANT FUNDS (CDBG); 10 AND PROVIDING AN EFFECTIVE DATE. II 12 WHEREAS, the City of Boynton Beach has entered into an agreement with 13 the United States Department of Housing and urban Development for a grant for the 14 execution and implementation of a Community Development Block Grant Program 15 in certain areas of the City of Boynton Beach, pursuant to Title I ofthe Housing and 16 Community Development Act of 1974, (as amended); and 17 WHEREAS, the City of Boynton Beach desires to enter into Agreements 18 with seven (7) sub-recipients, who have previously submitted all necessary 19 documentation required, including budgets, scopes of services, and timelines for 20 perfonnance; and 21 WHEREAS, a copy of each Agreement is attached hereto and made a part 22 hereof; 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 24 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section I. The City Commission of the City of Boynton Beach, Florida 26 does hereby authorize execution of seven (7) Agreements between the City of 27 Boynton Beach, Florida and sub-recipients, as follows: 28 I. Aid To Victims of Domestic Abuse, Inc. - Funding Amount 29 $15,000; 30 2. Boynton Beach Faith Based Community Development 31 Corporation - Funding Amount $50,000; 32 3. Community Caring Center of Boynton Beach, Inc. - Funding 33 Amount $25,000; 34 4. Committed Citizens Concerned About Our Children, Inc. - S:ICAIRESOlAgreementsICDBG - SubRecipient Agreements 120704.docl I ] Funding Amount $5,000; 2 5. Fair Housing Center of the Greater Palm Beaches, Tnc. -- 3 Funding Amounl $10,000; 4 6. Palm Beach County Resource Center - Funding Amount 5 $25,000; 6 7. R.M. Lee Community Development Center, Inc. - Funding 7 Amount $50,000; 8 9 Section 2. This Resolution will become effective immediately upon 10 passage. II PASSED AND ADOPTED this _ day of December, 2004. ]2 CITY OF BOYNTON BEACH, FLORIDA 13 ]4 15 ]6 Mayor 17 18 ]9 Vice Mayor 20 21 ----.-.---. 22 Commissioner 23 24 25 Commissioner 26 27 28 Commissioner 29 ATTEST: 30 31 32 33 City Clerk 34 35 (Corporate Seal) 36 37 38 39 40 41 S:\CA IRESO\Agreements\CDBG - SubRecipient Agreements 120704.doc2 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. THIS AGREEMENT, entered into this day of , by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 1300 West Lantana Road, Suite 200, Lantana, Florida 33462 and its Federal Tax Identification Number as 65-0972629. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Cömmission of the City of Boynton Beach and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CRD" means Division of Community Redevelopment 4) "The Agency" means FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Support Services or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by u.s. HUD B. PUrPose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $10,000.00 for the period of October I, 2004 through September 30, 2005. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to ten percent (10%) on a cumulative basis of the contract amount during the contract period. Page 2 of 16 ".""",._~"",^",,,,,,,,,,,,_,,,,·~..,.~,·,,,,,,,·w,,,,,."".·~·C""~·'''''' .., ","," ,'", Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this ten percent (10%) must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.s. HUD Community Development Block Grant No.B-04- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by u.s. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2004. C. Method of Pavment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Pavment is continoent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 <~'~'_"_W"''''''~··;"·'-'_~''''''·''·'~";'········-·;'·''''''·~;··"_·"-"',,, 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and u.s. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the aD Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Riohts Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small. and Minoritv/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 .-. --,.."""".-....-,...,'"""""""..."".,.....,.."...,.,-..,. C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitorinq The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.s. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall. apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, u.s. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City ProDertv All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Proiect Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-B3 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 -,- ,-, ,. ~,.."..._,.....",~...,...."~....,...". '~>'.' '~""."-," ,,~~ " "., 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is detenmined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of tenmination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.s. HUD specifies. N. Severabilitv of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraqinq The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.s. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 ,'_', ~~~~",~"_O-"" _.. _N"~"··_"~_"··'''··_''~'';' ""~","'- R. IndeDendent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law. applicable to City employees relative to employment compensation and employee benefits. S. Public Entitv Crimes As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This AQreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ,2004. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. By: By: [CORPORATE SEAL] Page 14 of 16 ." ~,....,"~"--,-_..,"'>","""""""'''''''~-'',,"-"",,'. FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, u.s. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by aD staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 FAIR HOUSING CENTER OF THE GREATER PALM BEACHES. INC. ITEMIZED ACTIVITY BUDGET FY-2004-2005 I. Publish a Fair Housing Newsletter quarterly. 2. Operate a toll rree hotline providing counseling information, investigation and referrals. 3. Conduct five (5) fair housing workshops for community based organizations, civic groups, electronic/print media, financial institutions and others in the housing industry. 4. NetWork with public and private agencies to jointly address fair housing issues. 5. Implement a fair housing public information campaign, utilizing electronic/print media outlets that will include television, radio and newspaper paid advertising. 6. Conduct an outreach campaign that informs persons with disabilities, their support organization and service providers of their right to rreedom of choice in the housing market. 7. Assist the City of Boynton Beach in formulating its Action Plan to meet its responsibility to "Affirmatively Further" fair housing. ITEMIZED BUDGET Salaries Program Director $2,616 Fair Housing Specialist 2,039 Intake Specialist 2,000 FICA 1,562 Workman Comp 173 Total Personnel Services $ 8,390 Administrative Office Space Rental $ 1,610 TOTAL PROJECT EXPENSES $10,000 ·._·.~.·,_",¥,_.""~,,,,,,-,,,",",,-""..·"0' ...~,.,_"...., FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # . requesting reimbursement in the amount of $ . The expenditures for this invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 "'''~"·'''''-'_~;"''''_'"'41''''''_'''''''''''_'_'" ,- "--~-'<' AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COMMUNITY CARING CENTER THIS AGREEMENT, entered into this day of , by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and COMMUNITY CARING CENTER, a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 145 N.E. 4th Avenue, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0447796. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and COMMUNITY CARING CENTER desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage COMMUNITY CARING CENTER to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CRD" means Division of Community Redevelopment 4) "The Agency" means COMMUNITY CARING CENTER Page 1 of 16 5) "CID Approval" means the written approval of the Director of Support Services or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development or a person authorized to act on U.s. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by u.s. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $25,000.00 for the period of October I, 2004 through September 30, 2005. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to ten percent (10%) on a cumulative basis of the contract amount during the contract period. Page 2 of 16 " _. .,' ,,,,,, ,,,.,_...~_~_,_,,,. u~'fh_.i_".·"_. Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this ten percent (10%) must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No.B-04- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30,2004. C. Method of Pavment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation, In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is continQent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 .__..~ _""'_';'.,,<>c"«",",,0-~,¥.k'''_~' <~.. ',,~,. 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.s. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or u.s. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. ODDortunities for Residents and Civil Riohts ComDliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. ODDortunities for Small. and Minoritv/Women Owned Business EnterDrises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 .'.. ',," ;~"~~'^'-'_"""-"~"""""~"'--' C. Proiect Beneficiaries At least 51 percent (51 %) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the tenms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and InsDections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.s. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-l33. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-l33. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-l33, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-HO, A-l33 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City ProDertv All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 '""~-"'-"-'""""""'-'""'~"""''''- G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Proiect Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 "'_u" ,__.,"".~."~",_,....~"".,,.,... ..,,_'.,......._, 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to aD by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date u.s. HUD specifies. N. Severabilitv of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraqinq The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners, Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 ~",,~.,.,w...~"'''''''~."'""'"'''''''·'__"_''~''_'M . R. IndeDendent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law. applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Aqreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of .2004. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY COMMUNITY CARING CENTER By: By: [CORPORATE SEAL] Page 14 of 16 _'v_'<"_"'~._'."^,"""""'·*'_·'_"'·'" COMMUNITY CARING CENTER EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, U.s. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 Community Caring Center of Boynton Beach, Inc. Addendum to Contract SCOPE OF SERVICES The mission of the Community Car4ing Center of Boynton Beach, Inc. , is to provide emergency assistance to those within the greater Boynton Beach area that are in need by providing the following services: Food Pantry at the CCC office and at the Boynton Beach Senior Center SHARE (Self Help and Resource Exchange) Program Vouchers for temporary shelter Financial Aid tor the tollowing: Transportation - a I-day or 3 I-day bus pass, or a voucher for $ I 0 - $20 for gas Utility bill payments Rent and/or Mortgage Assistance Vouchers for medication Nutrition Education Volunteer Caregiving tor Frail <µ1d Elderly (Faith in Action Program) Advocacy regarding nutrition, food, aging, and domestic violence Referral services Assistance to FEMA during hurricane recovery TIMELINE FOR PERFORMANCE Other than FEMA assistance which will end December 11th, the remainder of the programs are a continual task beginning October I, 2004 and continuing through September 30,2005. Prol!ram Budl!et - FY 2004/05 Salaries: $19,000 Includes the Executive Director position, Hispanic Outreach Program Director, In-take Counselor and A Volunteer Coordinator. Utilities: $ 1,000 Mortgages: $ 2,000 Audit: $ 3.000 TOTAL BUDGET: $25,000 .._..__..~-_."_...".- ._..~ . ..""'.._...,.....~'""..""~."4t.,~,,,...,,'''~_...' COMMUNITY CARING CENTER EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # . requesting reimbursement in the amount of $ . The expenditures for this invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 ,«".~~."...""_..,,,,_.',,~,""" ,.t.¡... AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COMMmED crnZENS CONCERNED ABOUT OUR CHILDREN, INC. THIS AGREEMENT, entered into this day of . by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and COMMmED CrnZENS CONCERNED ABOUT OUR CHILDREN, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 1047 S.W. 28th Avenue, Boynton Beach, Florida 33426 and its Federal Tax Identification Number as 65-0939596. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and COMMmED CrnZENS CONCERNED ABOUT OUR CHILDREN, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage COMMmED CrnZENS CONCERNED ABOUT OUR CHILDREN, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINrnON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CRD" means Division of Community Redevelopment 4) "The Agency" means COMMmED CrnZENS CONCERNED ABOUT OUR CHILDREN, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Support Services or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development or a person authorized to act on u.s. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by u.s. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $5,000.00 for the period of October I, 2004 through September 30, 2005. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to ten percent (10%) on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this ten percent (10%) must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No.B-04- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by u.s. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2004. C. Method of Pavment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and OD. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Pavment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 ,.. '~'~"".'.'''"___''''''-4<'''.'''''''_'''''' 4) Purchasing . All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by aD and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Riqhts Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minoritv/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 H".··."' C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or u.s. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and InsDections At any time during normal business hours and as often as CID, the City, U,S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes Citv ProDertv All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 ,~""""_'<".",,~,,";.,-" -"-",",""~",~.".. -....- G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Proiect Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-B3 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 ,~...·_.,""~~o..·_~·,".·,,,·...,_·",,,,. 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severabilitv of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraqinq The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law. applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. CounterDarts of This Aqreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ,2004. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY COMMITTED CITIZENS CONCERNED ABOUT OUR CHILDREN, INC. By: By: [CORPORATE SEAL] Page 14 of 16 -..--~~~~ '>""''''.,-, . _""_"_;""-_'_'_~."""'1>' COMMmED CrnZENS CONCERNED ABOUT OUR CHILDREN, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.s. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by OD, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 CCCC Tutorial Network Scope of Services CCCC will assist member tutorial programs by providing: · Leveled Reading books and other instructional material, aligned with state and school district curriculum goals. · Centralized tracking of student performance. An agreement with the school district allows student records to be pulled by the school district (with parent permission) relieving the individual program of tracking that information, and ensuring accurate tracking of student performance. · Centralized training of parents and volunteers. Through an agreement with the Boynton Beach Library, neighborhood schools and the school district, monthly seminars will be held at the library to educate volunteers from participating centers on various educational topics. CCCC or school volunteers will provide additional small group training as needed at each tutorial center. · Advocacy in communications with schools and the school district. Since CCCC is composed of current and former instructors, and has direct contact with area principals and school district officials, we may be able to assist in resolving conflict and enhancing the bi-directional flow of information between the community and neighborhood schools. 3 CCCC Tutorial Network Budget ¡Budget ____ ___~___._ __ __.0- - -- -- ---,--------------------- Item . Budgeted i ! I Amount ¡ ¡.- "_""_'0 "__ -_.'.,---- ----._..__.-....~_._--- _~."'_,. __ - j ___ n' ". _ __'_~_'._'____ .~_____...._~_._, __'.ou,._._ ___._ ,-."'---- ¡ , i ------ -'-_',__'0'_" ¡ Resources , >-_.n___'__.__.__... - --- ___no - _._,___. __n.,___'_ --i---- . Educational Resources $4250 , 0 Accelerate Tutorial Program ( CCCC @ Ezell Hester) 0 st. Pauls AME Church Turorial ! 0 New Mount Zion Missionary Baptist Church Tutorial ! ¡ 0 st Johns Missionary Baptist Church Tutorial I , 0 African American Book Club I FCAT Tutorial _~~x~~on Beach Church of. God ~f Pr?p~~~¥ T~tori~l i 0 Resources Total $4250 Training_ ì- -1 ¡ ¡ . Monthly Seminars / Teacher Stipends i $75Õ i i TraIning· & Marketing Total $750, -i- I ! -- .--' I ---I i i ¡ , I I ¡ i . . I CCCC Tutorial Network Total ) $5,000 I 4 COMMITTED CrnZENS CONCERNED ABOUT OUR CHILDREN, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # . requesting reimbursement in the amount of $ . The expenditures for this invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 _^_~,~;~.".~~,_,~~~._ 0 ~,"~_.",'" ,,,,,,..,_,~,_",,,_.,.., ,..,,"".,."'.,,~,"-.-. ..~";'~""".' 'op.."" AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH FAITH BASED CDC THIS AGREEMENT, entered into this day of , by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and BOYNTON BEACH FAITH BASED CDC, a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at Post Office Box 337, Boynton Beach, Florida 33425 and its Federal Tax Identification Number as 65-0971509. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and BOYNTON BEACH FAITH BASED CDC desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage BOYNTON BEACH FAITH BASED CDC to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CRD" means Division of Community Redevelopment 4) "The Agency" means BOYNTON BEACH FAITH BASED CDC Page 1 of 16 5) "CID Approval" means the written approval of the Director of Support Services or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.s. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.s. HUD B. PUrDose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum ComDensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $50,000.00 for the period of October I, 2004 through September 30, 2005. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to ten percent (10%) on a cumulative basis of the contract amount during the contract period. Page 2 of 16 _.~..~-~~ . .,_ .,·..,·,~~n _.~..... ~;";"..-.~ '. Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this ten percent (10%) must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.s. HUD Community Development Block Grant No.B-04- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2004. C. Method of Pavment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Pavment is continqent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 '__', ... .'__'_~~"~_'~ "......"......" _ wh'_' _. .~,." "'""";'__"~'.".. ~''';'''~*,''_''W 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference . 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. ODDortunities for Residents and Civil Riahts ComDliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. ODDortunities for Small. and Minoritv/Women Owned Business EnterDrises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 .. ..·.m'_'._."~",~" ..-._"..,.~...".~.,,-..,.,.."..._',.."~. C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitorina The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and InsDections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, u.s. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, u.s. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-l33. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-l33. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-l33, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-l33 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City ProDertv All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. . Page 8 of 16 ".. -_.-._"-'~' .. -,.,,,.~.'-",~>_.'~"-<'"'."'''''-'~-'-'->'- " G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen ParticiDation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Proiect Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-llO, A-122 and A-l33 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's SOl©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.s. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraaing The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 ~,,,.,,,.,·.+,._,,,,,,.~··H'·'..-·_.·"'¡'" R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law. applicable to City employees relative to employment compensation and employee benefits. s. Public Entitv Crimes As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counteroarts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ,2004. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY BOYNTON BEACH FAITH BASED CDC By: By: [CORPORATE SEAL] Page 14 of 16 ,.-....,.'"".~,..~"',.~_........¡.., ,.,,' .. BOYNTON BEACH FAITH BASED CDC EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, u.s. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 --~-_._-"_.- r'~~~Œ~~r~IT. , \ r n íC~.~~ I,,, I , . I' !;\,. ,32004 Affordable Housing Initiative \ Scope of Services I .>._~-_..'- Submitted to: Octavia S. Sherrod, Community Development Manager Division of Community Improvement City of Boynton Beach PO Box 310 Boynton Beach, FL 33425-0310 Submitted by: David Zimet, Project Manager Boynton Beach Faith Based CDC PO Box 337 Boynton Beach, FL 33425 Phone: (561) 752-0303 Fax: (561) 752-0302 Date Submitted: October 9,2004 Target Area: The Heart of Boynton Community - North of Boynton Beach Blvd to the Boynton Canal (CI6), and East ofl-95 to Federal Hwy. Plus the area East ofl-95 north from the Canal till Gateway Blvd Funds Awarded: $50,000 Time Period: October 1,2004 to September 30,2005 Scope o/Services: The CDC is proposing to use CDBG funding to continue and further advance it's Affordable Housing Development Initiative. This activity has 4 parts for which funds are being sought: · Homebuyer Counseling and Assistance III Obtaining Financing for First Time Homebuyers · Lot Acquisition and Single Family Home Construction · Project Continuation · Marketing and Events Homebuyer Counseling: We plan on having an initial contact with 200 prospective clients (fill out "Inquiry" Form). The CDC's homeownership preparation program provides one-on-one pre-purchase home buying counseling that assists families in overcoming their barriers to becoming homeowners. For long- term participants, the CDC monitors and follows up with the clients on a monthly basis. Counseling components include: · Pre-screening · Current financial assessment and initial pre qualification · Education on the mortgage qualification process and credit reports/repair · Assembling the information needed to apply for a loan ,..,.~...".",~........,.",._,~,!þ'"--...,.,.,.,,. · Assistance with preparing loan and subsidy package · Developing a strategy to overcome barriers · Subsidy package verifications · Creating a personal budget · Support and follow up We plan to help 20 people close under the SHIP Program in Boynton Beach. Lot Acquisition and Single Family Home Construction After families graduate fTom homebuyer counseling, quality affordable housing opportunities need to be available. This part of the activity involves: · Securing financing · Project development · Acquiring land · Coordinating and managing the construction of single-family homes. The CDC has an Acquisition-Construction line of credit with LISC to finance the process. We plan on building three (3) homes in 2004/05. Houses will be sold to low and moderate-income first time homebuyers. Handy Man Program This program provides minor home repairs to member of the community who have financial and physical limitations and who have been cited for code violations. Acquisition-Rehab The CDC is currently in the process of identifying single family homes for acquisition and rehab. The houses would be sold to people who are participating in the organization's homeownership program. Coordinating the development of this project, with the Heart of Boynton Plan will be important to the overall plan and the redevelopment of the neighborhood while maintaining affordable housing. We plan to rehab two houses under this component. Heart of Boynton Plan The development of projects, partnerships (joint LLCs), and strategies as a part of the on-going Heart of Boynton Redevelopment Plan. Marketing and Events Through a series of community activities the CDC organize local residents and churches for outreach to the community, sending a positive message of hope and love. The events are a very visible way to lift sprits in the community and get people involved in the programs of the organization. Our annual events include: · Homebuver's Fairs (2 or 3) - Educational fair held in partnership with the City of Boynton Beach and Local Banks to generate interest in homeownership, and get families to put there tax return money to the best possible use. · Homebuver's Workshops and Classes - Monthly workshops that will introduce people to purchasing a home, and increase the CDC's client base. The office will be used as a homebuyer class by several area organizations such as CCCS and LIFT · Love Festival (fall 2005) - Gospel music, BBQ Cook Off, Prizes, Many other non-profit organizations come out to spread infonnation . · Youth Talent Show (Februarv 2005) - Showcases the talents of local elementary, middle, and lùgh school aged students. The event is held at Poinciana Elementary. · Thanksgiving and Christmas Dav Dinner (Christmas Dav) - The CDC provides food for the needy on Christmas Day Funding CDBG funds would be used to pay the following salaries (see attached job descriptions): · Director - Provide $38,000 (full salary for this position). Manage overall initiative, continue the implementation of the acquisition and construction of single-family homes and develop the projects mentioned above. · Home buving Counselor - Provide $22,000 (of $24,750) for this the position. The Home buying Counselor is responsible for one-on-one home buying counseling, presenting workshops to prospective homebuyers, and for training the AmeriCorps staff member. Budget 2004-2005 CDBG Budget: Director Salary $28,000 Homebuyer Counselor Salary $22,000 TOTAL $50,000 Proposed Objectives: Obiective Measure · Have 4-community/promotional events number of events · Provide homebuyer's counseling to 200 households number of households · Help 20 people become homeowners number of new homeowners · Construct 3 new homes in the community number of homes constructed · Acquire, rehabilitate and resell two homes in number of homes rehabilitated the City of Boynton Beach and sold · Acquire or begin development of a rental property Property/lot identified and or of an ownership multi-family property predevelopment activities started " ",~.._,,¡,~,.>..,..,...-...'.-'-' ,_..."".~.~,,;..<_,;c.~~___,.",_.,;;...'-' "'0"-'_"_""_" """''''''.<n'' _~,. ',-.-_.," ..--~ BOYNTON BEACH FAITH BASED CDC EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # . requesting reimbursement in the amount of $ , The expenditures for this invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 .___'_"~-'~"O "', .',".."~.C"," ""_~""_~."_,_,,,",.,,,,,,,,,"","'"i>''_'^''' -,,',~ AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AID TO VICTIMS OF DOMESTIC ABUSE, INC. THIS AGREEMENT, entered into this day of . by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and AID TO VICTIMS OF DOMESTIC ABUSE, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at Post Office Box 667, Delray Beach, FL 33447 and its Federal Tax Identification Number as 59-2486620. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and AID TO VICTIMS OF DOMESTIC ABUSE, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage AID TO VICTIMS OF DOMESTIC ABUSE, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CRD" means Division of Community Redevelopment 4) "The Agency" means AID TO VICTIMS OF DOMESTIC ABUSE, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Support Services or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.s. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.s. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by u.s. HUD B. PUrDose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $15,000.00 for the period of October I, 2004 through September 30, 2005. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to ten percent (10%) on a cumulative basis of the contract amount during the contract period. Page 2 of 16 ·_,_···,__·~"~,·_",_~~"_,,,,____~.,'~''-'_~·''·.e ,.'._ ",·~M·,"'.""~""_""'_""'.., Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this ten percent (10%) must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No.B-04- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30,2004. C. Method of Pavment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Pavment is continqent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 '._.w__.,."___~__.~~"",""".~.~_,,.__>._" 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.s. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or u.s. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to aD. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Riohts Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small. and Minoritv/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 . _·'~m_<.~__._»,-.~ .,~~~,-,~,..'.' ~."_.g"<~.."_.._~,,,,,,", C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitorina The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.s. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Perfonmance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during nonmal business hours and as often as CID, the City, u.s. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City PropertY All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 ."_._. ,_, h·_""_~~.____Ü___._",_,,__··._~... .,.,>""~,.,,,,,,."-"-'-'~' G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen ParticiDation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Proiect Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-B3 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 ,._----"'.........._~~,,~- ,~.,,'"_. ~'--."-""..,"- '., ,.._ ~~.,,~_·__~~,c·,.·~ ....c.,~,,_ 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date u.s. HUD specifies. N. Severabilitv of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraqinq The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of u.s. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 1Z of 16 .._._."---..__._._......_.~~.._--~_._.~._._.- .,.....~'.-.>-,._.,,'~_..'- ,,~.- - "..,.,-~-..._"..~."~..,,.~"-'"..----..'" ,", R. IndeDendent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law. applicable to City employees relative to employment compensation and employee benefits. S. Public Entitv Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This AQreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of .2004. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY AID TO VICTIMS OF DOMESTIC ABUSE, INC. By: By: [CORPORATE SEAL] Page 14 of 16 ~_.._-_._"._~.. _...~--_._",." ,..'...",.,",.w_"....~~·.^..,·.... AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN) B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT) B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by OD, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 Aid to Victims of Domestic Abuse, Inc. i,o)' '- }:!.II\ . P.O. Box 6161 Z·,.'"'( (0 f¡ 'j "',,:<' /' Delray Beach, FL 33482-6161 I' ;' I ~II' Phone: 561-265-3797· Fax: 561-265-2102 ,1/ 24-HOUR CRISIS HOTLINE 1-800-355-8547 L <92004 ~ AVDA City of Boynton Beach to[¡I.{'("'ìì::---- ' . lnr://} .....,."'/ Community Development Block Grant (CDBG) Agreement .,~ ì A Cumm11"ily'-',(Hvl'( 2004-2005 -,- ADDENDUM SCOPE OF SERVICES: Provide programs in schools to students in Pre-K to 5th grade designed to prevent domestic violence and to identify children living in homes where domestic abuse is present. The school program, entitled PA VE (Prevention Against Violence Early), wi]] provide classroom educational presentations focusing on the identification and expression of feelings, self-esteem, establishing heaHhy relationships, safety planning and learning non-violent problem solving ski]]s. Children who are identified as being affected by domestic violence are given the opportunity to participate in a support group, TIME LINE FOR PERFORMANCE: October 1,2004 through September 30,2005. BUDGET: Salary: Youth Intervention Specialist $ 12,284 Benefits: FICA 940. Workers Comp 187. HeaHh/Dental Insurance 1,590, Total benefits 2,716 Total $15,000 GOALS OF THE PROGRAM: Children will openly talk about issues addressed in the program after presenter leaves classroom. Children learn non-violent ways to express feelings Children will show an increase in their self-esteem Children learn to plan to stay safe Submitted by: ý~ (j.n~ ~HA-. ¿),~. Pamela A. O'Brien, Executive fiirector Aid to Victims of Domestic Abuse, Inc. Grant Contact person: Janet Amigone, Associate Director FUN D E R S Palm Beactt Counl:y Palmfl.o; ,(;h HO""'''9&Community CommunìtyChest @'"""'''''''''''''' ~(]ml.~r,s fi3 . '8" '"i~" United Way ~~ , -(I . . CHILDREN 'j},YKI' . -, , Ii", ' . t1f/H/5TMIf£5rK" YlðUKCE \) FAMILIES \ '1.1'\\11 s,,"S<""~ ..!: 1 . - & r.,\ ,'.,( , Chì!rI~cn>~"F\.~ld~'~'ý' '- '''!)nn~?'''/ U";"dW'V.fPa\..ß.,,~,O""ty .~-_....__.~....._._--".~._, '_",_,·'1'" AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # . requesting reimbursement in the amount of $ . The expenditures for this invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 ~~_."._.^-_.,- -"", ..;,.,.,",.._,,,.....,,,, -".'~ AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY RESOURCE CENTER THIS AGREEMENT, entered into this day of . by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and PALM BEACH COUNTY RESOURCE CENTER, a non- profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 2001 Broadway, Suite 250, Riviera Beach, Florida 33404 and its Federal Tax Identification Number as 65-0880746. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and PALM BEACH COUNTY RESOURCE CENTER desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage PALM BEACH COUNTY RESOURCE CENTER to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CRD" means Division of Community Redevelopment 4) "The Agency" means PALM BEACH COUNTY RESOURCE CENTER Page 1 of 16 5) "CID Approval" means the written approval of the Director of Support Services or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development or a person authorized to act on U.s. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by u.s. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $25,000.00 for the period of October I, 2004 through September 30, 2005. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to ten percent (10%) on a cumulative basis of the contract amount during the contract period. Page 2 of 16 .'--"'-'"«--;"-- . -~~,,~~.,- ,. .,~·._.,_~"._.._·.__·_"___.'··._U,", Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this ten percent (10%) must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.s. HUD Community Development Block Grant No.B-04- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by u.s. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2004. C. Method of Pavment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to aD. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Pavment is continaent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal gUidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 __m".'''.'.~'"'·'''·~_''__ -,..---..-,.." 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.s. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.s. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. ' Opportunities for Residents and Civil Riahts Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minoritv/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 ,-""~."'.""~~''''."" '._""~-.-..''''-''~-~ ',,- .~,'_~'",_.'. ··<~,,_~..·.h·_~ ,-,,~.~, C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon OD's request. D. Evaluation and Monitorinq The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.s. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.s. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program sþecific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City ProDertv All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 .~.- ---.-. G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen ParticiDation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Proiect Publicitv All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-B3 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 ^.","....".~,,.,..-,,--,,~....',--,~,.;^"",. 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by OD. Items 9 through 14 above shall be transmitted to OD by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.s. HUD specifies. N. Severabilitv of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraqinq The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.s. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to aD at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. IndeDendent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law. applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This AQreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ,2004. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY PALM BEACH COUNTY RESOURCE CENTER By: By: [CORPORATE SEAL] Page 14 of 16 PALM BEACH COUNTY RESOURCE CENTER EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.s. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by OD, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 PALM BEACH COUNTY RESOURCE CENTER EXHIBIT A SCOPE OF SERVICES, BUDGET, AND GOALS I. SCOPE OF SERVICES A. Provide management and technical assistance to small businesses located within the City of Boynton Beach. B. Provide procurement assistance to minority owned businesses located within the City of Boynton Beach by providing certification packages, estirnating assistance, access to plans room, opportunity matching, and dissemination of Dodge Reports. C. Provide management and marketing assistance to businesses participating in the program by providing assistance in developing business plans, feasibility studies, strategic analysis, incorporation services and the coordination of procurement and special events. D. Provide financial services in the form of loan packaging, surety bond packaging, letters of credit requests and data modification packages. BUDGET Management & Technical Assistance to M/WBE's and businesses in Boynton Beach Initial Program Setup Costs (Labor and Mate rials)........................................ .$4,000.00 Plans Room Update & Opportunity Identification...................................................... 2,500.0\ Completion of Certification Packages, Loan Packages, Business Plans, Incorporations, Take-Offs, and Financial Projections, etc................................. 18,500.00 TOTAL.......... ........ ..... ............. ...... ......... .................. ........... .............. ......................... $ 25,000.00 III GOALS PBCRC GOALS October 1, 2004 - September 30, 2005 YTD Goal . '. -~¡ " ); ,-,' ;;!i~.Jf ' { . - \iIo. <" ~ + :: ~"- , "'i'i Ji" -. ~( '~l::l:.U.;~:i~""';' t. _.\pe . ~"< :.' ". ::..~.« { ,'<~~;'''' '" .',.-ç" t ~"~1i!...t'Y ,:c~,,,-- ,'.,. .. -~ :' '" M.: "., \'.,,-"'>,>,;},..', -11I/-_~_,- ',_.-'.-. ._ ."~-..~. _JO ~, . . "."~< Jobs Retained 6 ~IiJmi~'-~ .._~_......_~·..À~_~"'__~w,,·,,·"·,·.,·,_ PALM BEACH COUNTY RESOURCE CENTER EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # . requesting reimbursement in the amount of $ . The expenditures for this invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 - "~..,>-"~,",,"-,~~,..,,,~.~...,.. "'-<''''¿''. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND R. M. LEE CDC THIS AGREEMENT, entered into this day of , by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and R. M. LEE CDC, a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 900 N. Seacrest Blvd., Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65- 0937804. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and R. M. LEE CDC desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage R. M. LEE CDC to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CRD" means Division of Community Redevelopment 4) "The Agency" means R. M. LEE CDC Page 1 of 16 5) "CID Approval" means the written approval of the Director of Support Services or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.s. HUD" means the Secretary of the U.s. Department of Housing and Development or a person authorized to act on u.s. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by u.s. HUD B. PUrDose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum ComDensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $50,000.00 for the period of October I, 2004 through September 30, 2005. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to ten percent (10%) on a cumulative basis of the contract amount during the contract period. Page 2 of 16 < __.,~.._~_"..",,,,,...._"",,,,,,,,~,,,.~"_~ ".<"-; =b-""'._ ""',_',,..c<'_.. ,_..~ '''' , Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this ten percent (10%) must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.s. HUD Community Development Block Grant No.B-04- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30,2004. C. Method of Pavment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Rnance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Pavment is continQent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 ,. >""",",,.;.,".A"'"'"''''·~''~''''''·~''· '. 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference . 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and u.s. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Riohts Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small. and Minoritv/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 "'-'----"""""',- .~ e'.."·...._~'__'M...'<~......_...,,_..·~,··, ,'- C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by aD or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E, Audits and InsDections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City ProDertv All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 ..~-_....",,~... ,_." >.._,,,,.,<_>o",,,,,_"~,,*~~~,'~"''"'''-'' G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen ParticiDation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Proiect Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-ll0, A-122 and A-B3 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 - .__.~.._-----'.~- ,.~, ,"""-"-,-~>"-"~--,-",._,,,,,,," 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to aD by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.s. HUD specifies. N. Severabilitv of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. LeveraQinQ The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.s. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 <~,,,.,.~,",,~--,,^--,,--..,._..-._-.,...,.- R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law. applicable to City employees relative to employment compensation and employee benefits. S. Public Entitv Crimes As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Aqreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of .2004. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY R. M. LEE CDC By: By: [CORPORATE SEAL] Page 14 of 16 ....~."'.._''''.,''>..",'-"'-,."''.-..".....,. R. M. LEE CDC EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the OD Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.s. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, u.s. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by OD, be conducted by CID staff or its contractor, and will ensure compliance with U.s. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 R. M. Lee C. D. c., Inc. Budget FY 2004 - 2005 Personnel Administrative Support 19,000.00 Project Consultant 24,000.00 FICA/FICA Medicare 2,500.00 Unemployment Compensation 200.00 Total Personnel Costs 45,700.00 Operations Professional Services - Accounting ($250.00 x 12) 3,000.00 Professional Services - Payroll 1,000.00 Office Supplies 300.00 Total Operations 4,300.00 Total Budget 50,000.00 ~.^..,~"_....", "'. """''''-__,.,,,..,_......._·.''.''.'''''r,··.· _',,~.,"""~_"'~"""""'" Addendum ACTIVITY DESCRIPTION This year the R. M. Lee CDC expanded its "Employment Assislance and Counseling Program"as a result of interviews and counseling given in during the last grant year. We are now providing online employment search, resume development, assistance with letters of inquiry, online application and resume submission and counseling. We discovered that there is not much connection between job seekers and the local job market. There is a need to further assist clients in direct contact with local employers. AdditionaHy, there is stiH a need to assist clients with addressing their past criminal history and/or the lack ofHS diplomas or G.E.D.s. It is clear that there is a distinct need for employment training and counseling and an agency, such as, R. M. Lee CDC to provide the services. Further, it is necessary for an agency to identify, facilitate the acquisition of services or provide this and other needed services to the community. a. Proposed Obiective Unit of Measure . Provide employment assistance Counsel 40 residents and seek to form and counseling to residents. relationships with I - 2 area businesses to provide applications for employment. CoHaborate with olher non-profit organizations and governmental agencies to provide 10 jobs via the "Heart of Boynton" Redevelopment Initiative. . Conduct needs assessment. Conduct or participate in three (2) community forums, surveys or other methods to acqUIre information regarding the needs of the community. . Identify resources to address the Develop and/or facilitate development needs ofthe community. of programs and/or servlces, or facilitate attracting service providers to the community. R. M. LEE CDC EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 , ~.~~.~...~.""..". ~,_.~..~...'_..""'_,·_~.,·-~.,w.'''".""' w.·...·.,,·...... "''''''',n,'''' .. ,',,~ VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.5 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned Mcetine:Oates in to City Clerk's Office Meetîne: Dates in to City Clerk's Office ~ December 7, 2004 November 15, 2004 (Noon.) o Fcbm"'Y I, 2005 January 17,2005 (Noon) 0 December 21, 2004 December 6, 2004 (Noon) o February 15,2005 January 31, 2005 (Noon) 0 January 4, 2005 December 20, 2004 (Noon) o March 1,2005 February 14, 2005 (Noon) 0 January 18, 2005 January 3, 2005 (Noon) o March 15, 2005 February 28, 2005 (Noon) n ,~, '_J.""""¡ -~~-< 0 Administrative 0 Development Plans ';:'; -(0 __'''1'1 ~ 0 ~'-- ':) NATURE OF Consent Agenda New Business :--0:) AGENDA ITEM I no 0 Public Hearing 0 Legal '" '0-< ~'>::'k 0 Bids 0 Unfmished Business ~'""': '1)-1 - 0 ~ .-- ;.::;;:::::: 0 Armouncement 0 Presentation ....9 -" --"co 0 City Manager's Report __fT\ c..) '::';,;:> W p"'¡C) ::to RECOMMENDATION: To amend the Lake Diving Contract (R03-019) to permit a one-time allowance of a $250 credit in consideration for the time the course was closed due to Hurricanes Frances and Jeanne. EXPLANATION: Birdie Golf Ball Company has a 36-month contract with the City that began 02/15/03 for Lake Diving/Ball Retrieval Services at The Links at Boynton Beach. Following the hurricanes Birdie Golf suhmitted a request for "some consideration" for the time the course was closed (see attacbed letter). While they were still able to dive while the course was closed the number of golf balls retrieved would have been reduced due to the lack of play. After careful consideration the Links Leadership team felt that this request was not unreasonable and are asking that the commission approve this amendment. PROGRAM IMPACT: None FISCAL IMPACT: $250 less will be collected for the budgeted line item of "Ball Retrieval Services". AL TERNA TIVES: Deny the request. ~-" / ~a:?~ ~ 1I1~/D4 Department Head's Signature Golf Course ~omeY / Finance / Human Resources Department Name S\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC BIRDIE GOLF BALL COMPANY 208 MARGATE COURT MARGA TE, FWRIDA 33063-4543 (954) 973-2741 . 1 (800) 333-7271 FAX: (954) 973-2753 Boynton, Dear sirs, Enclosed please find check as per your invoice for $1500.00. However we would appreciate some consideration of time, as the golf course was closed from 9/2/04 to 10/10/04 due to the storm. Thank: you for your valued consideration & regards. V.T.Y. );øJ !!~ . h..",~.~,'m·,"~o,_,,,,_,,~·._.H·'.'._~'>'·" 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING AND DIRECTING THE CITY 7 MANAGER TO EXECUTE A FIRST AMENDMENT TO 8 THE LAKE DIVING CONTRACT NINE LAKES AT 9 THE LINKS AT BOYNTON BEACH GOLF COURSE 10 BETWEEN THE CITY OF BOYNTON BEACH AND 11 BIRDIE GOLF BALL COMPANY, INC., AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, ON February 4, 2003, the City Commission entered into a Contract 16 granting Birdie Golf the exclusive right to retrieve golf balls from the nine (9) lakes at the 17 Links at Boynton Beach Golf Course; and 18 WHEREAS, Birdie Golf has requested consideration be given with respect to the 19 biannual paymenl that Birdie Golf pays the City due to the significantly reduced number of 20 golf balls expected to be retrieved from the closing of the golf course caused by the effects of 21 Hurricane Frances and Hurricane Jeanne. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section I. The City Commission of the City of Boynton Beach, Florida does 25 hereby authorize and direct the City Manager to execute a First Amendment to the Contract 26 between the City of Boynton Beach and Birdie Golf Ball Company to allow for a one time 27 credit in the amount of $250.00, a copy of said First Amendment is attached hereto as Exhibit 28 "A". 29 Section 2. This Resolution shall become effective immediately upon passage. 30 31 S:\CA\RESO\Agreements\FirstAmendment to Birdie Golf Agreementdoc I 1 2 3 PASSED AND ADOPTED this _ day of December, 2004. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 Mayor 9 10 ----- 11 Vice Mayor 12 13 ~-~ 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 24 25 26 City Clerk 27 28 29 ~~ S:\CA\RESO\Agreements\First Amendment to Birdie Golf Agreement.doc "'~."'-_."""-O""'..4I.",,, FIRST AMENDMENT TO LAKE DIVING CONTRACT NINE LAKES AT THE LINKS AT BOYNTON BEACH GOLF COURSE THIS FIRST AMENDMENT entered into this _ day of ,2003, by and between: THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a business address at IOO E. Boynton Beach BouJevard, Boynton Beach, Florida, (hereinafter referred to as "City"), and BIRDIE GOLF BALL COMPANY, INC., with a business address of208 Margate Court, Margate, Florida 33063-4543 (hereinafter referred to as "Birdie Golf'). WITNESSETH: WHEREAS, the parties hereto entered into an Agreement on February 4, 2003, granting Birdie Golf with the excJusive right to retrieve golf balls trom the nine (9) Jakes at The Links at Boynton Beach GoJf Course, located at 8020 Jog Road, Boynton Beach, FJorida ("Agreement"); and, WHEREAS, Hurricane Frances and Hurricane Jeanne resuJted in the cJosing of the golf course from about September 2, 2004 through October IO, 2004, thereby significantly reducing the number of golf balls that Birdie GoJfwould expect to retrieve; and WHEREAS, Birdie GoJf has requested that consideration be given to these weather-related events with respect to the biannual payment Birdie Golfpays the City. NOW, THEREFORE, in consideration of the promises and mutuaJ covenants contained herein, the City and Board agree as follows: I. That the Agreement dated February 4, 2003, is hereby amended to grant Birdie Golf a one-time credit in the amount of TWO HUNDRED FIFTY ($250.00) DOLLARS. Accordingly, when the next payment is due and owing to the City pursuant to Section 2.a ofthe Agreement, Birdie Golf shall pay the City the sum of $ I ,250.00 pursuant to said subsection. All other payments due to the City shall not be affected by the Amendment. 2. In the event of a conflict between the Agreement and this First Amendment, this First Amendment shall control. 3. All terms and conditions of the Agreement, First Amendment and Exhibits thereto which are not inconsistent herewith remain in full force and effect. S:\CA\AGMTS\GolfCourse\Lake Diving Agmt Arndt.doc Rev. ] 1-17-04 1 WITNESSETH: ATTEST: CITY OF BOYNTON BEACH By: -~ By: City Clerk City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney CONTRACTOR BIRDIE GOLF BALL COMPANY, me. Signed and Witnessed in the presence of: By: (Corporate Seal) Print Name: Title: ATTEST: ------- Corporate Secretary Print Name: STATE OF FLORIDA ) COUNTY OF ) I HEREBY CERTIFY that on tills day, before me an officer duly authorized in the State aforesaid and in the COImty aforesaid to take acknowledgements, personally appeared , the and respectively of BIRDIE GOLF BALL COMPANY, INC., a Florida corporation, named in the foregoing frrst amendment to agreement and that they severally acknowledged executing the same in the presence of two subscribing witnesses ¡¡-eely and vohmtarily under authority duly vested in them by said corporation and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2004. NOTARY PUBLIC (notary seal or stamp) Print or Type Name S:\CA\AGMTS\GolfCourse\Lakc Diving Agmt Amdl.doc Rev. 11-17~O4 2 --,_._~~~~.",...-., .. - .. '_~_"'_',.-~-' R03-o 19 . LAKE DIVING CONTRACT/NINE LAKES AT THE LINKS AT BOYNTON BEACH GOLF COURSE THIS CONTRACT FOR LAKE DNING SERVICES, signed this ~ day of Fe.brua.ri ,2003, by and between BIRDIE GOLF BALL COMPANY, INe., hereinafter referred to as "Birdie Golf' and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, whose principal address is 100 E. Boynton Beach Blvd., Boynton Beach, FL, hereinafter referred to as "City", WITNESSETH: WHEREAS, Birdie Golf is engaged in the business of the retrieval of golf balls; and WHEREAS, the City owns The Links at Boynton Beach Golf Course at 8020 Jog Road, Boynton Beach, Florida; and WHEREAS, the City is desirous of engaging the services of Birdie Golf for the purposes set forth herein. NO'V, THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the parties agree as follows: l. SCOPE. The general scope of services to be performed by Birdie Golf shall be to retrieve golf balls from the nine lakes at the golf course on an exclusive basis. 2. CONTRACT OUTLINED CONDITIONS. a. Birdie Golf agrees to pay $3,000.00 annually to the City, $1,500.00 upon signing of this Contract and $1,500.00 on August 15, 2003, with subsequent payments of $1,500.00 every six months thereafter upon signing of this contract each subsequent year. b. Birdie Golf agrees to return to the golf course all range balls recovered ITom the lakes, at no charge, within two (2) weeks of retrieval. c. Birdie Golf will be required to pay the City $.10 per range ball turned in by the Golf Course to Birdie Golf each February 15th and August 15th. d. Birdie Golf agrees to notify the golf course superintendent at least two (2) days in advance of arrival to get approval for the use of a golf utility vehicle. The City makes no guarantee that such a vehicle will be available, however, all effOlis will be made to assist the divers in obtaining transportation onto the golf course. e. Birdie Golf agrees to sell to the City recycled grade "A", pro line rewashed golf balls for resale in the City's pro shop at $I.OO/dozen. . . 3. TERM. The term of this Agreement shall be for a period of thirty-six (36) months from February 15, 2003, unless terminated pursuant to the terms of this Agreement. Prior to the expiration of the initial term, the parties may agree to renew this Agreement in writing, on an annual basis. 4. TERMINATION. This Agreement may be terminated pursuant to the following provisions: a. If conditions are present which are considered by either party to be cause for termination, written notice shall be provided to the other party, and a sufficient period of time shall be given to correct the conditions. b. If the conditions are not corrected within a reasonable period of time, this Agreement may be terminated for such conditions by giving thirty (30) days written notice. c. This Agreement may be terminated by either party, at any time, upon providing ninety (90) days written notice prior to termination. 5. INDEMNIFICATION. Birdie Golf agrees to defend, indemnify, and hold the City of Boynton Beach and the City of Boynton Beach Municipal Golf Course harmless from any claim, demand, suit, loss, cost, expense, including court costs and attorneys' fees, or any damage which may b e asserted, claimed or recovered against or from the City 0 f Boynton Beach or The Links at Boynton Beach Golf Course by reason of any damage to property or injury, including death, sustained by any person whomsoever and which damage, injury or death arises out of, is incident to, or in any way connected with the performance of the Contract. Notwithstanding the foregoing, this provision shall not apply to any damage, injury or death that results from the gross negligence or willful misconduct of the City of Boynton Beach or The Links at Boynton Beach Golf Course or their affiliates. 6. INSURANCE REOUIREMENTS. a. It shall be the responsibility of Birdie Golf to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance during the duration of this contract. b. Birdie Golf shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence/aggregate for property damage; and, professional liability insurance in the amount of$I,OOO,OOO (an professional contract services). c. Said general liability policy shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. 2 ,...."-,-.,,,,........- "~"~""'.~ '~"-'''' .·_o,·^,<..w__.__'~" '_"__"'» ·_~w·" . d. Birdie Golf shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. e. Birdie Golf shall furnish the City with a certificate of insurance after award has been made prior to the start of any work for the City. Said insurance companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. f. Reference Insurance Advisorv Form (Attachment A) for additional types of insurance and limits required. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. 7. REPRESENTATIVE OF CITY. The City hereby agrees to designate the City Manager or his assigned representative for purposes of the administration of the Contract. 8. REPRESENTATIVE OF BIRDIE GOLF. Birdie Golf, for purposes of administration of this Agreement, agrees to designate the following individual, address, and telephone number as the assigned representative for Birdie Golf: (name) . £tt/J; . u_ (address) UJ ~ !¿.þV¡ . I 7 (telephone no.) D (facsimile no.) 9. ASSIGNABILITY. The Agreement may not be assigned or transferred without the express prior approval of the City. 10. VENUE. In the event any litigation is pursued in association with this Agreement, venue for such litigation shall be filed in either the state or federal courts in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto set their hands and seals the day indicated on the first page of the Agreement. Approved as to form by: BY 1u~ \D-Œ}'~ ity Manager City Attorney 3 - . CONTRACTOR BIRDIE GOLF BALL COMPANY, INC. Signed and Witnessed in the esence of: By:. ' .ò:li (Corporate Seal) Print Namð.: IV, . Title: ~pTr (j ATTEST: Q , " t-t I cLuLc C . Corporate Secretar U p ¡) / 1:.Q... Print Name: PfJ L e. STATE OF FLORIDA ) COUNTY OF ßA.6 ù..J .,c;-R D ) I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared JJlìr ;PI? /Ej)/'1r'J ~ 01'JL e... vPLJ//C~ the D;z.e5/0e.l..i1 ~ (,O.f<ßCI2-'9-ì.¿~<VZ..¿rlspectivelY of /!J11LÙ/~ (poLJ) IJiJCc,()Ò.tt I'/NVil¡+ .' in the foregoing agreement and that they severally acknowledged executing the same in the pres~ of twl su~ribing witness,e~eelY and voluntarily under authority duly vested in them by said .'¿",/; (; .e/J;;:á'ilrrtt-tha 'the Corporate seal affixed thereto is the true corporate seal of sáid Corporatión. j3 WITNESS my hand and official seal in the County and State last aforesaid this n day of r..f /)IZU IJA"j , 2003. Îìl LJJ-- V~' NOT ARY PUBLIC (notary seal or stamp) /'1-fr/~ Jlt?/'/A' .----...------. œ MERlEVERIN Print or Type Name MY COMMISSION II DO 125912 EXPIRES: July 10, 2006 1..eco-3-NOTAQY FL Nctaty 5<!r'vice &. Sonðng.Inc. . _ r.J - Dt<..r,0/j- P/R/V.J2,/"'') 'f¡9/ jO/.Z./8-P '-( '1" /'-.J - /,),--.-f0SQJV'; (!'/ Ie- - (}¡'f-;'7'C /. . . /,o'¡¿"J//j/ -;/ ~ ji:; F &3Ç 6;")0 If l¡/IjD 1/5_. /.k/<.5 _ ,.-...i!".J.'V.?Eo /-,--C,fZ.,f)/t- dJ/J{ (... P/JL't.- ¡)p.ù/Xe f'Y 4 /J ~ I ¡:}{J/\J7Yr/(j n)/C~- 1fL-L ..,--~~.~...,.. -"~'~"'-'--'--'"'."--""'''' · Attachment 8 INDEMNIFICATION FORM FOR THE LAKE DIVINGININE LAKES AT THE LINKS AT BOYNTON BEACH The contractor agrees to defend, indemnify and hold the City of Boynton Beach and The Links at Boynton Beach Golf Course harmless for any claim, demand, suit, loss, cost, expense, including Court costs and attorney's fees, or any damage which may be asserted, claimed or recovered against or fÌ'om the City of Boynton Beach or the City of Boynton Beach Municipal Golf Course by reason of any damage to property or injury, including death, sustained by any person whomsoever and which damage, injury or death arises out of, is incident to or in any way connected with the perfonnance of this Agreement. ,/ '-'~ ~ ("\ ~ / .....::>-\~. //A'A, ¡.,?~ '...J~ -' -f""_ . ¡"-- Authorized Signature lJ ¡ ¡ / (: Up,],)." Please Print Name STATE OF FLORIDA.. ? ) COUNTY OF ð/O r...<.-/ ð f<J ) I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State aforesaid ~d in ~he. County aforesaid to take acknowledgements, persopally appeared j)tJ¿£¿ C/~£l/JC:--iL , the V~-<;\d".,,\- and C''-G<\~('" respectively ofn"c( ¡T' (.~Ù, II ( " named in the foregoing agreement and that they severally acknowledged executing the same in the presence of two subscribing witnesses fi'eely and voluntarily under authority duly vested in them by said and that the Corporate seal aff )œd thereto is the true corporate seal of said Corporation. WI~y hand and official seal in the County and State last aforesaid this X day of o iIfDb ,2003. Yy)~ 0- '-- NOTARY PUBLIC - (notary seal or stamp) l7'-Þ//ué ?I.vY/~ Print or Type Name DNT:dnt S:\CA\DavidT\Jake diving contract 2003.doc œ MERLE VERIN MY COMMISSION #- DD 125912 EXPIRES: July 10, 2006 F/~71~¿/ J'-'/A!ëS:' -1-~>~ '=~NOTARV FLNo<ay"""œ&Bonò""",, // /~1'/i/é/'.s ~ /e,<~",-.se~.¿; ?S Ô /J-S /il'f?/L1/7rÆ?~~- ~ú/3:J. 17.)...:::>1-- - " ,P m."" m.~'m'"----.--'-:-''''''' mO, ;........ _ ._."... . ..._: .;·_·:_,~"""'-m._""" ..............h_ ~ ..... ....,,....-=-- .......;.0 n. :-; .'u -....... -~ .' r:~1 '¡!i..·I. Jêr" BIRDIE GOLF BALL COMPANY, INC. 7788 !¡ 266 N. STATE ROAD 7 ;~l ... . MARGATE. FL 33063 -1:. 63·""670 I,ij ~ ~-7; '''''" ";c, ,I,' DATE L/ .../ I"~ (ì'0 " PAY I .'- CO .~ TO THE ,- $ /.!;t:(;Ì7-P tj' O~R OF ii~ ) -'0,"', '.'.' 0_ '; l.!.J J".."c '¡, DOLLARS .. ::~I I¡i !!!II ~ II~I ~:::: WACHOVIA i~i Î ACH AT 067006432 Î ~ il~ , , ~ iif FOR i.~ LfMA.P~. . . .. ._ _. _~O/ -----.--- .. j ~ ~"oo?7BB" ':0"'00"'''':109000 '"9'0'~ !~ ..m._............ ....... n..... m....'........ nmnm"'," . ............. ............. '........ . , -,.._--,_."~._._',.-. . VI.-CONSENT AGENDA ITEM C.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\,'J Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Final Form Must be Turned MeetinQ" Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office ~ December 7, 2004 November 15,2004 (Noon.) D February I, 2005 January 17, 2005 (Noon) o December 21, 2004 December 6, 2004 (Noon) o February 15, 2005 January 31, 2005 (Noon) D January 4,2005 December 20, 2004 (Noon) D Maoch ],2005 February 14, 2005 (Noon) D January] 8,2005 January 3, 2005 (Noon) D March 15,2005 February 28, 2005 (Noon) D Administrative D Development Plans NATURE OF I:8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D UnfInished Business D AlUlouncement D Presentation D City Manager's Report RECOMMENDATION: Appoint City Commission representative and alternate to the following organization: . Palm Beach County League of Cities EXPLANATION: Attached is a brief synopsis of each organization. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~.,~ Ci Manager's Signature City Clerk's Office ~ 1ft'S Department Name Ci Attorney / Finance / Human Resources s:\CC\WP\CCAGENDA\Agenda Request Memos\Agenda Item Request - Palm Beach League of aües.dot S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC COMMISSION APPOINTED ORGANIZATIONS 2003-2004 Orl!anization Representative Alternate Meetinl! Time & Location PBC League of Cities McKoy Commissioners, 4tn Wed @ 10:30 a.m. City Manager Various locations PBC League of Cities McKoy Brd ofDir MPO Mayor McCray 3rd Thurs @ 9:00 a.m. Governmental Center COBWRA Ferguson McCray 3'0 Wed @ 9:30 a.m. Various locations Multi Jurisdiction Ensler Ferguson As needed 1/21/04 .... ._.,,,,-,,~,..·'~"'0...·,,,,,,,,,,,,,",",,,,·<' " Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO rneeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Governmental Center. Representative. Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly oif representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concem. The meeting is held the 2nd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Multi-Jurisdictlonallssues CoordInation Forum The Multi-Jurisdictional Issues Coordination Forum has been in place for five years under the auspices of two interlocal agreements that were signed by all municipalities. the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - ] RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING 5 AS A REPRESENTATIVE 6 TO THE PALM BEACH COUNTY LEAGUE OF CITIES, 7 AND APPOINTING ALL CITY COMMISSION 8 MEMBERS, AND THE CITY MANAGER AS 9 ALTERNATE REPRESENTATAIVES TO THE PALM 10 BEACH COUNTY LEAGUE OF CITIES; AND ]] PROVIDING AN EFFECTIVE DATE. ]2 13 ]4 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled ]5 to representation on the Palm Beach County League of Cities; and ]6 WHEREAS, the City Commission has considered the qualifications necessary for ]7 such representation and wishes to bestow upon the following named individuals such right ]8 and honor of service. ]9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section I. The "WHEREAS" clauses above are hereby ratified and confirmed as 22 eing true and correct and incOIporated herein by reference. 23 Section 2. The City Commission of the City of Boynton Beach, F]orida, hereby 24 ppoints as a representative to the League of Cities and 25 ppoints any City Commission member and City Manager as alternate representative to the 26 aIm Beach County League of Cities. 27 Section 3. That this Reso]ution shall become effective immediately upon passage. 28 :\CA\RESO\ApPolntments\PaJm Beach County League of Cities 04.doc '" ..."._....."""""'"-_..."~"._....._.>..,,....~,,..,...~......._' I 2 PASSED AND ADOPTED this day of ,2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 Mayor 9 10 II Vice Mayor 12 I3 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) ~~ :\CA \RESO\Appointments\Palm Beach County League of Cities 04.doc ..".,~""""""""""."~""",~,,."...-., "_....~.",..._'"',.,.~.,._'"_.,"'.,"',"'-,,--,,.,- ,.., ~,,',"""",-"".'.~" ;,,,-,,--,.."" ,~.~,,» VI.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOllin Requested City Commission Date Final Form Must he Turned Requested City Commission Date Final Fonn Must be Turned Meetine Dates in to City Clerk's Office Meetinll Dates in to City Clerk's Office ~ December 7, 2004 November 15,2004 (Noon.) o February 1,2005 January 17,2005 (Noon) D December 21, 2004 December 6, 2004 (Noon) o Fehruary 15,2005 January 31,2005 (Noon) o January 4, 2005 December 20, 2004 (Noon) o Macch 1,2005 February 14,2005 (Noon) o January 18, 2005 January 3, 2005 (Noon) o March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [8] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Appoint City Commission representative and alternate to the following organization: . Metropolitan Planning Organization EXPLANATION: Attached is a brief synopsis of each organization. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: . ~<,.~" Oty anager's Signature City Clerk's Office Department Name s:\CC\WP\CCAGENDA\Agenda Request Memos\Agenda Item Request - MÞO.dot S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC COMMISSION APPOINTED ORGANIZATIONS 2003-2004 Orl!anization ReDresentative Alternate MeetinR Time & Location PBC League of Cities McKoy Commissioners, 4th Wed @ 10:30 a.m. City Manager Various locations PBC League of Cities McKoy Brd ofDir MPO Mayor McCray 3'0 Thurs @ 9:00 a.m. Governmental Center COBWRA Ferguson McCray 3'0 Wed @ 9:30 a.m. Various locations Multi Jurisdiction Ensler Ferguson As needed 1/21/04 --. -_._.._._._-,_.'._"--~~,-" ..._..~"...~""..'"'-' . .., .._, "'·';".'."''''..''~'''_~'''_''''W~'''" ,.",.-." '""'.."' Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal. League of Palm Beach County meets on the fourth Wednesday of each rnonth at 10:30 a.m. at various locations. The mernbership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials frorn County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-tenm (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Governmental Center. Representative ~ Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly oif representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 2nd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Multi-Jurlsdictlonallssues Coordination Forum The Multi-Jurisdictional Issues Coordination Forum has been in place for five years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - ] RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING 5 AS A REPRESENTATIVE 6 TO THE METROPOLITAN PLANNING 7 ORGANIZATION AND APPOINTING ANY CITY 8 COMMISSION MEMBER AS ALTERNATE 9 REPRESENTATIVE TO THE METROPOLITAN ]0 PLANNING ORGANIZATION; AND PROVIDING AN 11 EFFECTIVE DATE. ]2 13 ]4 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled ]5 to representation on the Metropo]itan Planning Organization; and ]6 WHEREAS, the City Commission has considered the quaJifications necessary for 17 such representation and wishes to bestow upon the following named individuals such right 18 and honor of service. ]9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 2] Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as 22 eing true and correct and incorporated herein by reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 24 appoints as a representative to the Metropolitan Planning 25 rganization and appoints any City Commission member as alternate representative to the 26 etropoJitan Planning Organization. 27 Section 3. That this Resolution shall become effective immediately upon passage. 28 :\CA\RESO\ApPolntments\Metropolitan Planning Organization2004.doc " '-~- ..__._"",~-....~".".".~- - _·.~_·."~·.'''-''''e_-''''II''~'~'''·-·~'' .-" ,- '" ~-.._"...",,,-,",,,,- ' I 2 PASSED AND ADOPTED this day of ,2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 Mayor 9 10 II Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 28 S:\CA\RESO\Appointments\Metropolitan PJanning Organization2004.doc _",~,__.~_"""",""",;o_,,,,,,,~,,~,,,,,"",".".~-'O'-~- ","*,~w_._~~_~",,,,,,~"_,,,,·,~·, ,~",........~".,-...-, VI.-CONSENT AGENDA ITEM C.S. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtV! Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Fina! Fonn Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office [8J December 7, 2004 November 15,2004 (Noon.) o February], 2005 January 17, 2005 (Noon) D December 21, 2004 December 6, 2004 (Noon) o February 15,2005 January 31, 2005 (Noon) D January 4, 2005 December 20, 2004 (Noon) o March 1,2005 February 14, 2005 (Noon) o January 18,2005 January 3, 2005 (Noon) o March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF Il!J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Appoint City Commission representative and alternate to the following organization: . Coalitation of Boynton West Residents Association (COBWRA) EXPLANATION: Attached is a brief synopsis of each organization, PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature ~..~ C¡ anager's ignature City Clerk's Office \e lnrlS Department Name City' Attorney / Finance / Human Resources s:\CC\WP\CCAGENDA\Agenda Request Memos\Agenda Item Request - COBWRA.dot S:\BUlLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC COMMISSION APPOINTED ORGANIZATIONS 2003-2004 Orl!3nization Reoresentative Alternate Meetin!! Time & Location PBC League of Cities McKoy Commissioners, 4tn Wed @ 10:30 a.m. City Manager Various locations PBC League of Cities McKoy Brd ofDir MPO Mayor McCray 3rn Thurs @ 9:00 a.m. Governmental Center COBWRA Ferguson McCray 3ra Wed @ 9:30 a.m. Various locations Multi Jurisdiction Ensler Ferguson As needed 1/21/04 .-.-, -,,-,..," .' .. ~",~-"........,_,..-,~__",~~>,~..d... "__,.,,.,.,_.. ."·'e·,,.' '_." ."~._..,,,,,,,.,_..,-"_~"_...,,,..__,m I RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING 5 AS A REPRESENTATIVE 6 TO THE COALITION OF BOYNTON WEST 7 RESIDENTIAL ASSOCIATIONS, INC., (COBWRA) AND 8 APPOINTING AS 9 ALTERNATE REPRESENTATIVE TO THE 10 COALITION OF BOYNTON WEST RESIDENTIAL 11 ASSOCIATIONS, INC., (COBWRA); AND PROVIDING 12 AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, F]orida, is entitled 16 to representation on the Coalition of Boynton West Residentia] Associations, Inc., 17 (COBWRA); and 18 WHEREAS, the City Commission has considered the qualifications necessary for 19 such representation and wishes to bestow upon the following named individuals such right 20 and honor of service. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 23 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as 24 being true and correct and incorporated herein by reference. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 26 appoints as a representative to the Coalition of Boynton West 27 Residential Associations, Inc., (COBWRA) and appoints 28 as aJternate representative to the Coalition of 29 Boynton West Residential Associations, Inc., (COBWRA). 30 Section 3. That this Resolution shall become effective immediately upon passage. $:\CA \RESO\Appointments\COBWRA Appt 04.doc I PASSED AND ADOPTED this day of ,2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 .---- 7 Mayor 8 9 ,------- 10 Vice Mayor 11 12 -----_.~ 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 27 28 S:\CA\RESO\Appointments\COBWRA Appt 04.doc . ,-",.,~-~~. ,',.,q.......~---~-~~..., -'''-"'''''~~".._-~'"''.','~'".". , '''~._...-'"..> . ,._~",-,,,,,,.,~,~-.~,,,,,-~"',_..'--""-' Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the rnunicipalities in Palm Beach County in accordance with the principles of self- government. The Municipal. League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The mernbership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials frorn County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-tenm (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Govemmental Center. Representative ~ Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly oif representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and altemate are welcome to attend the meetings to address issues of interest or concem. The meeting is held the 2nd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Altemate - Multi-Jurisdictionallssues Coordination Forum The Multi-Jurisdictional Issues Coordination Forum has been in place for five years under the auspices of two intertocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local govemment decides the length of the term. Representative - Alternate - "'..d....~ ,,,..,'_,."_"..._^'O........~"~ .~._...~..-.---..""""".."''''''''-'"^..._,,'"_. ''''''''''''''~"''''~''''' VI.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.9 AGENDA ITEM REQUEST F(¡n..m Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned Meetiml Dates in to City CJerk's Office Meetiní!' Dates in to City Clerk's Office [gf December 7. 2004 November IS, 2004 (Noon.) o February 1. 2005 January 17, 2005 (Noon) o December 21, 2004 December 6, 2004 (Noon) o February 15, 2005 January 31,2005 (Noon) o January 4.2005 December 20, 2004 (Noon) o March 1.2005 February 14,2005 (Noon) o January 18,2005 January 3, 2005 (Noon) o March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Appoint City Commission representative and alternate to the following organization: . Multi-Jurisdictional Issues Coordination Forum EXPLANATION: Attached is a brief synopsis of each organization. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~~~"" . City Clerk's Office ~~S Department Name Ci Attorney / Finance / Human Resources S:\CC\WP\CCAGENDA\Agenda Request Memos\Agenda Item Request - Multi-Jurisdictional Issues Forum.dot S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC COMMISSION APPOINTED ORGANIZATIONS 2003-2004 Orl!anization Renresentative Alternate Meetin2 Time & Location PBC League of Cities McKoy Commissioners, 41l1Wed @ 10:30 a.m. City Manager Various locations PBC League of Cities McKoy Brd of Dir MPO Mayor McCray 3rd Thurs @ 9:00 a.m. Governmental Center COBWRA Ferguson McCray 3m Wed @ 9:30 a.m. Various locations Multi Jurisdiction Ensler Ferguson As needed 1/21/04 -" ------~.._...._._,_.__.._,._"."--....~, '., -,', ._.,~",......_-",._- --- -- , ..,.""~".."."_~,__,_..~,.>""""""..,,,,,, .'__" -'-'0.->' Palm Beach County league of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of seft- government. The Municipal. League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-tenm (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Governmental Center. Representative ~ Altemate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly oif representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and altemate are welcome to attend the meetings to address issues of interest or concem. The meeting is held the 2nd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Multi-Jurisdictlonallssues Coordination Forum The Multi-Jurisdictional Issues Coordination Forum has been in place for five years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local govemment decides the length of the tenm. Representative - Alternate - I RESOLUTION NO. R04 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING 6 AS A REPRESENTATIVE 7 TO THE MULTI-JURISDICTIONAL ISSUES 8 COORDINATION FORUM AND APPOINTING 9 AS ALTERNATE 10 REPRESENTATIVE TO THE MULTI- II JURISDICTIONAL ISSUES COORDINATION FORUM; 12 AND PROVIDING AN EFFECTIVE DATE. i 13 i 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled 16 to representation on the Mnlti-Jurisdictional Issues Coordination Forum; and 17 WHEREAS, the City Commission has considered the qualifications necessary for 18 such representation and wishes to bestow upon the following named individuals such right 19 and honor of service. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The "WHEREAS" clauses above are hereby ratified and confinued as 23 being true and correct and incorporated herein by reference. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 25 appoints as a representative to the Multi-Jurisdictional Issues 26 Coordination Forum and appoints as alternate representative 27 to the Multi-Jurisdictional Issues Coordination Forum. 28 Section 3. That this Resolution shall become effective immediately upon passage. 29 S:\CA\RESO\Appointments\Multî-Jurjsdictional Forum 04.doc _._-~~_.~-,,";"..~,..^., .~.,.,-=_..,,~,"'" ' -"', ,~",., ,,,.. ".....;,~,.._",~-""''''#..."-~.".,'~''"..,, ".-<;""'~~''''_'..'''''~;''_''''"'~'' ,'--" 1 2 PASSED AND ADOPTED this day of ,2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 28 29 S:\CA \RESO\Appointments\Multi-Jurisdictional Forum 04.doc · "-,,<,,~,,~,~,",,,,_...,'~-"-"'''''''"'' ,", .____,~..._..__,,,_.~_, _Hh......"·.', VI.-CONSENT AGENDA , ITEM C.l0. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOKIVl Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetinl'! Dates in to CÎtv Clerk's Office Meetine: Dates in to City Clerk's Office ~ December 7, 2004 November 15, 2004 (Noon.) D February 1, 2005 January 17,2005 (Noon) o Oecember21,2004 December 6,2004 (Noon) o February 15.2005 January 31, 2005 (Noon) D January 4, 2005 Deœmber 20,2004 (Noon) o March I, 2005 February 14, 2005 (Noon) D January 18,2005 January 3, 2005 (Noon) o March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place the attached Resolution R 04- _ authorizing the Mayor to execute a quit claim deed on behalf of the city to the Deliverance by Faith Church and to accept a similar quit claim deed from the same church for properties located on N.E. Martin Luther King Boulevard (10th Avenue) in the City of Boynton Beach. EXPLANATION: The purpose of the exchange of quit claim deeds on parcels of approximately the same size, in the same general area and under the same land use and zoning is to assist the Community Redevelopment Agency (CRA) in the assembly of a development parcel as part of the first Phase of the Heart of Boynton Redevelopment Project. PROGRAM IMPACT: The land exchange eliminates the necessity of property acquisition and possible condemnation of a required development parcel. FISCAL IMPACT: None ALTERNATIVES: The CRA would proceed with acquisition, relocation, and possible condemnation in ",d., to '~;¡¡;p;g of""" f= fho ,hoc,h. I r.~ ~ ' D~entead s Signa e City Manager's Signature Department of Development S S.IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R 04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE MAYOR TO I 5 EXECUTE A QUIT CLAIM DEED IN FAVOR OF 6 DELIVERANCE BY FAITH CHURCH AND 7 ACCEPTING A DEED FROM DELIVERANCE BY 8 FAITH CHURCH EXCHANGING LAND OF EQUAL 9 VALUE LOCATED ON NORTHEAST MARTIN 10 LUTHER KING BOULEVARD IN BOYNTON BEACH; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, the City of Boynton Beach is the owner of a parcel of land located on 14 Northeast Martin Luther King Boulevard in the City of Boynton Beach and described in the 15 Quit Claim Deed attached hereto as Exhibit "A"; and 16 WHEREAS, Deliverance by Faith Church also owns a parcel of property 17 approximately the same size and value, in the same general area and under the same land use 18 and zoning as the City's parcel ofland and described in the Warranty Deed attached hereto as 19 Exhibit "B"; and 20 WHEREAS, staff has made a recommendation that the parties exchange parcels of 21 land to assist the Community Redevelopment Agency in the assembly of a development 22 parcel as part of the first phase of the Heart of Boynton Redevelopment Project; 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section I. The foregoing "WHEREAS" clauses are true and correct and 26 hereby ratified and confiImed by the City ComTIÙssion. 27 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 28 the Mayor to execute a Quit Claim Deed transferring ownership to the property described in 29 the Quit Claim Deed attached hereto as Exhibit "A" to Deliverance by Faith Church and to S:\CA\RESO\ReaJ Estate\l.and Exchange with De1iverance by Faith Church.doc · 1 accept ownership on behalf of the City of Boynton Beach of the land described in the 2 Warranty Deed attached hereto as Exhibit "B". 3 Section 3. That this Resolution will become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of ,2004. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 25 26 City Clerk 27 28 (Corporate Seal) 29 30 S:\CA\RESO\Real Estate\Land Exchange with Deliverance by Faith Church.doc This Instrument Prepared by and Return to: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 PIN: 08-43-45-21-04-000-0020 QITTT (",T.I\ 1M nF.F.n THIS QUIT CLAIM DEED made this _ day of November, 2004 between City of Boynton Beach, a Florida municipal corporation, whose post office address is 100 East Boynton Beach Blvd., Boynton Beach, Florida 33425 (hereinafter referred to as "Grantor") and Deliverance by Faith Church, Inc., a Florida not for profit corporation whose post office address 111 NE M.L.K.J. Botùevard, Boynton Beach, Florida 33435 (hereinafter referred. to as "Grantee"). "Grantor" and "Grantee" are used for singular or plural, as context requires. WITNESSETH: The said Grantor, for and in consideration of the sum ofTEN ($10.00) DOLLARS in hand paid by the said GTantee, the receipt whereof is hereby aclmowledged, does hereby remise, release, and quit-claim unto the said GTantee forever, all the right, title, interest, claim and demand which the said GTantor has in and to the following described lot, piece or parcel ofland, situate, lying and being in the County ofP AIM BEACH, State of Florida, to-wit: The East 100 feet of the West 106 feet of Lot 2 of ROBERT WELLS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 11, Page 66 of the Public Records of Palm Beach County, Florida, less the North 10 feet thereof TO HA VB AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anyway appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit, and behalf of the said Grantee forever. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, Grantor hereunto sets GTantor's hand and seal the day and 1 OF 2 ,c ~H¡.ðl Î \,( ¡().. #f · year first above written. Signed, sealed, and delivered CITY OF BOYNTON BEACH, a Florida in the presence of: municipal corporation Witness By: Title: (print Name) Witness (Print Name) STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this _ day of November, 2004 by , as of the City of Boynton Beach, Florida who is personally known to me or has produced a Florida Driver's License as identification. NOTARY PUBUC H:\2004'C40454'04-11-03 Quit-Claim Deed to cbun:h &om BB.doc 2 OF 2 THIS INSTRUMENT WAS PREPARED BY: Donald J. Doody, Esqnire GOREN, CHEROF, DOODY & EZROL, PA 3099 E. Conunercial Blvd., Suite 200 Fort Lauderdale, Florida 33308 PIN: 08-43-45-21-25-001-0040 WARRANTY DEED THIS INDENTURE, made this _ day of November, 2004, by and between Deliverance by Faith Chnrch, Inc., a Florida not for profit corporation, whose post office address is III NE M.L.KJ. Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as "Grantor" and City of Boynton Beach, a Florida municipal corporation, whose post office address 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as "Grantee." WIT N E SSE T H: That said Grantor, for and in consideration of the sum ofTEN ($10.00) DOLLARS, and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee' successors and assigns forever, the following described land, situate, lying and being in PALM BEACH County, Florida, to wit: Lots 4 and 5, less the South iO feet in Block i of FRANK WEBBER ADDiTJON TO BOYNTON. according to the plat thereof, as recorded in Plat Book 9, Page 3 of the Public Records of Palm Beach County, Florida. SUBJECT TO: Taxes for current year and subsequent years, zoning and/or restrictions and prohibitions imposed by governmental authorities, and easements and restrictions and other matters appearing on the plat and/or common to the subdivision. Together with: All the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and To Hold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is fiee of all encumbrances. [SIGNATURE PAGE FOLLOWS] t::>CN/ß IT '1.6 /1 - IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands the day and year first above written. Signed, sealed and delivered in our presence: DEliVERANCE BY FAITH CHURCH, INC., a Florida not for profit corporation By: Glenn Lyons, President (Print or Type Name) (Print or Type Name) STATE OF FLORIDA ) COUNTY OF BROW ARD ) The foregoing instrument was acknowledged before me this _ day of November, 2004 by Glenn Lyons, as President of Deliverance by Faith Church, Inc., on behalf of said corporation, who is personally known to me or has produced a Florida driver's license as identification. NOTARY PUBLIC H:\2004\040454\04-11~03 Warranty Deed to aB from church.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.11. AGENDA ITEM REQUEST FOR.~ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates În to City Clerk's Office Meetine. Dates in to City Clerk's Office [g] December 7, 2004 November 15, 2004 (Noon.) o February I, 2005 January 17, 2005 (Noon) o December 21, 2004 December 6, 2004 (Noon) o February 15, 2005 January 31, 2005 (Noon) c) o January 4, 2005 December 20, 2004 (Noon) o M¡rreh 1,2005 February 14, 2005 (No,",~ ('j-f ::::¡-< - -(0 D January 18,2005 January 3, 2005 (Noon) o March 15,2005 February 28, 2005 (NO~ ., "T\ W -co '0 CCJ .'-< '-~ -... 0 Administrative 0 Development Plans .- :~ cJ"')-~ -,'.0 0 NATURE OF IZJ Consent Agenda 0 New Business - ',:J:;;¡::: - q AGENDA ITEM 0 0 .. -.,CD Public Hearing Legal (}1 -- fT1 ~~:r> 0 Bids 0 Unfinished Business '-0 , ("") ::I: 0 Announcement 0 Presentation 0 CiIy Manager's Report RECOMMENDATION: Please place the attached Resolution R 04- _ on the December 7,2004 City Commission Agenda regarding land dedication to satisfy the Park Impact Fee requirements for the proposed Boynton Village Development Project on what is commonly known as the "Winchester" property. EXPLANATION: Part III, Article V of the City's Land Development Regulations requires the application of a Park Impact Fee to be applied to all new residential development in the city. These regulations specify that the City Commission has the option of determining whether it wants to accept the dedication of land in lieu of some or all of the required fee. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Accept payment of the Park Impact Fee. D~rure JdtfL CiIy M~arure Department of Development ~ttomeY / Finance / Human Resources S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC " " I' 1 RESOLUTION NO, R04- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, DETERMINING THE NEED 6 FOR A LAND DEDICATION IN LIEU OF THE 7 PARK AND RECREATION FACILITIES 8 IMPACT FEE FOR THE DEVELOPMENT 9 PROPOSED BY 1950 CONGRESS A VENUE, LLC 10 AND COMMONLY KNOWN BOYNTON 11 VILLAGE, A DEVELOPMENT OF 12 APPROXIMATELY 81 ACRES AT THE CORNER 13 OF OLD BOYNTON ROAD AND CONGRESS 14 A VENUE; AND PROVIDING AN EFFECTIVE 15 DATE. 16 17 18 WHEREAS, the City Of Boynton Beach Land Development Regulations impose 19 a park and recreation impact fee on all residential development, or, at the discretion of the 20 City Commission, a land dedication in lieu of the required fee; and, 21 WHEREASE, The City Commission finds that a portion of the land to be 22 developed is suitable, based on the criteria set forth in Part III, Article V, Section 3A.j of 23 the Land Development Code, for future park and recreation facilities. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption. 29 Section 2. The City Commission does hereby elect and require a donation of 30 land, equal in value to a park and recreation impact fee of $ t. The 31 amount of land to be donated shall be established in accordance with Ihe procedures set 1 The fee amount is established by the formula set forth in Section 3A.h. and is subject to adjustment ependent on the number of units planned for construction. :\CA\RESOIBoynton ViJlage Land Donation.doc I 1 forth in Part III, Article V, Section 3A.j. ofthe Land Development Code. 2 Secti on3. This Resolution shall take effect immediately upon passage. 3 PASSED AND ADOPTED this _ day of ,2004. 4 5 CITY OF BOYNTON BEACH, 6 FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATTEST: 23 24 25 26 City Clerk 27 28 29 S:\CA\RESO\8oynton Village Land Donation.doc · ~,,- -~--,.,,--_._----_.~-,- VI.-CONSENT AGENDA ITEM D.l CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting: Dates in to City Clerk's Office Meetinl! Dates in to Citv C1erk's Office I:8J December 7, 2004 November 15, 2004 (Noon.) o February 1,2005 January 17, 2005 (Noon) o December 21, 2004 December 6, 2004 (Noon) o February 15, 2005 January 31,2005 (Noon) D January 4, 2005 December 20, 2004 (Noon) o March 1,2005 February 14,2005 (Noon) C) 0 C)-- o January 18, 2005 January 3, 2005 (Noon) o March 15,2005 February 28, 2005 (Nom =~-< -<0 c:> C) ." "'" N ;"-ro Tla 0 Administrative 0 Development Plans '.D .:~-< -'~ :z:: [gJ 0 :r~¡, '-"""""¡ NATURE OF Consent Agenda New Business ::11: "0 AGENDA ITEM Ç? ,::¡z 0 Public Hearing 0 Legal -." -"ev 0 0 - -IT! Bids Unfmished Business ("")þ .-J ,-'10 0 Announcement 0 Presentation ~ 0 City Manager's Report RECOMMENDATION: Please place this request on the December 7, 2004 City Connnission Agenda under Consent Agenda. The Planning and Development Board reconnnended that the subject request be approved, subject to all staff connnents including the condition that the extension be limited to 9 months. expiring June 2, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-245. EXPLANATION: PROJECT: St. Gregory Armenian Church (SPTE 04-011) AGENT: Dale Meaux, API Group OWNER: The Armenian Cultural Association of American LOCATION: West of Southwest 8th Street, South of Boynton Beach Boulevard DESCRIPTION: Request for a one (1) year time extension of the site plan approval granted on September 2, 1003, from September 2, 2004 to September 2, 2005. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES: N/A ~ . . fJt(f Develop~nt Dep ent Director City Manager's Signature t¿j) Z ~ City Attorney / Finance / Human Resources Planning and z;;¡; g Director S:\Planning\SHARED\WP\PROJECTS\St. Gregory's Armenian Church\SPTE 04-011\Agenda Item Request St. Gregory Armenian Church SPTE 04-011 12·7-04.dot SoIBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-245 TO: Chairman and Members Planning & Devel~iJt Board THRU: Michael RumPf~ Director of Planning and zonin~ FROM: Eric Lee Johnson, AICP W Planner DATE: October 11, 2004 PROJECT: St. Gregory's Armenian Church / SPTE 04-011 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: The Armenian Cultural Association of America Applicant! Agent: Mr. Dale Meaux / API Group, Incorporated Location: South side of Boynton Beach Boulevard, approximately 300 feet west of Northwest 8th Street (see Exhibit "A" - Location Map) Existing Land Use / Zoning: Moderate Density Residential (MDR) / Single-family Residential (R-1-AA) Proposed Land Use/Zoning: No change proposed Proposed Use: 23,475 square foot church (162 seats) Acreage: 108,900 square feet (2,5 acres) Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard, farther north is an apartment complex with a High Density Residential (HDR) land use designation, zoned Multi-family Residential (R-3); South: City owned vacant property with a Moderate Density Residential (MoDR) land use designation, zoned Single-family Residential (R-1-AA)¡ East: Dual-zoning districts: Developed commercial with a Local Retail Commercial (LRC) land use designation, zoned Neighborhood Commercial (C-2)¡ Low Density Residential (LDR) land use designation, zoned Single-family Residential (R-1-A); and West: Developed single-family residential homes (Palm Beach Leisureville) with a Moderate Density Residential (MoDR) land use designation, zoned Single- family Residential (R-1-AA). _.._~__,__,,___w._·. Page 2 Memorandum No. PZ 04-245 BACKGROUND The subject parcel is comprised of two (2) rectangular-shaped lots located on the south side of Boynton Beach Boulevard. According to public records, the Armenian Cultural Association of America has owned the property since July of 1997. On September 2,2003, the site plan was approved for the construction of a one-story church with 162 seats to be completed within three (3) phases. The first and second phases included the initial construction and expansion of the church while the third phase included the indoor recreation courts. At the time of approval, the applicant informed staff that the timing of construction of the third phase would be a factor of church membership. The floor plan showed that the Phase I portion of the building footprint was 6,164 square feet and the Phase II portion was 8,159 square feet for a total of 14,323 square feet. Also, it should be noted that the project included a height exception (HTEX 03-005) request to allow the church steeple to exceed the maximum height allowed by the zoning district, A site plan is valid for only one (1) year after a development order has been issued. The developer Is required to secure a building permit within that year. Mr. Dale Meaux of API Group, Incorporated, agent for the church, is now requesting a one (l)-year time extension, for the site plan (NWSP 03-013), which was approved on September 2, 2003. If this time extension request is approved, the expiration date of the site plan, including concurrency certification, would be extended to September 2, 2005. The site plan would still be subject to the original 22 conditions of approval. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on July 23, 2004. The payment for the time extension was received on August 4, 2004. Both were received prior to the expiration date of the site plan. According to the time extension application, Mr. Meaux states "we have been diligent in our development efforts and have submitted the work plans for permit with the City for approval. The Engineering Department has approved plans and has forwarded them to the Health Department (Palm Beach County) for their review and approval. Presently, we are responding to their initial comments. We expect to obtain a building permit for site work which involves site clearing, site grading and drainage and retention, site sewage (which Included site sanitary lines, a lift station and a 200-foot sanitary line to City connection), water, fire protection, drives, parking, a site perimeter wall and perimeter landscaping. This Permit Application represents significant expenditure toward the development of the project. Additionally, we have prepared permit drawings for the first phase of construction per our site plan approval. These drawings were not submitted for permit because of an Owner decision to build not only the first phase but also the church. Presently, we are in the final stages of new permit documents for the construction of the project with the church included. We are scheduling to submit permit drawings for this construction within a few months. Considering two months permitting project, we project to have a building permit by January 2005". One informal criterion that staff methodically utilizes in the evaluation of a request for time extensions is the applicants' demonstration or willingness to complete the project in "good faith". The applicant can submit detailed plans to the Building Division in anticipation of eventually securing a building permit. Page 3 Memorandum No. PZ 04-245 Submitting building permit plans demonstrates "good faith" to the City that the developer is attempting to complete the project. As of today, the applicant has not submitted any plans for any type of building permit. A more formal criterion for evaluating requests for time extensions is a project's compliance with (traffic) concurrency requirements. On July 16, 2003, the Palm Beach County Traffic Division approved the traffic study for a 14,405 square foot church with a build-out year of 2004. As of this date, the project currently has traffic concurrency which would expire prior to the anticipated build-out date. Therefore, the applicant would be required to submit a revised traffic Impact statement with a build-out date of 2005 or 2006 (see Exhibit "c" - Conditions of Approval). It should be noted however, that on February 16, 2004, the applicant paid for the water reservation fee. Mr. Peter V. Mazzella, Deputy Director of Utilities, approved the underground Utilities piping plan for the church on June 3, 2004. RECOMMENDATION Staff recommends approval of this request for site plan time extension (NWSP 03-013) and its accompanying request for height exception (HTEX 03-005). However, staff recommends that the site plan expiration be extended for a period of nine (9) months rather than by one (1) year. This is based, In part, on the fact that the applicant has not submitted any plans to the Building Division for permit review. If this request were approved (as recommended by staff), the expiration of the site plan would occur on June 2, 2005 rather than in September of 2005. Also, all conditions of approval from the original project must still be satisfactorily addressed during the building permit process. However, one new condition of approval (regarding traffic concurrency) is recommended in conjunction with this request for site plan extension. Any additional conditions of approval recommended by the Board or City Commission would be placed in Exhibit "c" - Conditions of Approval. S:\Plannlng\SHARED\WP\PROJECTS\St. Gregory's Armenian Church\SPTE 04-011\Staff Report.doc A.".~_____..". . Location Map EXHIBIT "An Saint Gregory Armenian Church '( I I '~~ IC~ ~\ tJJ R3 '\ ~ ~ t L - , 7 ¡r t>~ IV!'. t>t:J-\.'--I1 t>LVU . - SITE.¡ ~ mo , í -I I --,-\~ / I .. c- I! ',\~= 'HI >--11 ~UJ--'" - / r¡-- I '-1- ,,- ¡;:: ~I I .... .. - ~t I 'e- rrl- I tEfBffi] ~ ~- , '/, I~r!" 1 \_ ,I 7;( , "- \ II I ! .!, ." I TI ~ I ~ i ---;'-----1\\ -, Il~/~ \ RE C ~ §j , 1 I rnIIJJJID nTIIJ rTII '\ ,\1 I 1 ,I II ~~ I ! r- IIlIJI] ITIW [[lI I .\ ,"-II III ~ I I. ., ""11111'1111111 N . 400 0 400 Feet w~, s ---::.:.-::..-- .~ II ¡I' I ) I / I I - .' I ,;; I ,.' ~ 'II \ l¡il¡~!~&Jil Jí I 1!:'lì!iJ'f'tl'j'i , ,,~~~. '[¡lIAf ~I, 1 ,!~I r ¡.~¡ fl I " . ,. I¡'f' 11[11' ~ ;1" ri.1 ;I'I{' ¡If ' "I' ,¿ "h' '.1 I'! · I' hr' 'I. 'I I "[' "flu' J f 1 . ~ a. 'f: - Ë f I "iI r - i! : - 'i¡:Mmf I! í d~¡lf!~; if!n! t I I ff'lf1r.< ~ J ~!flfl;!illn!:ìr -: ~ ~ h ¡"!ii' " l ~.r ¡~ ,i:' I ,1 Mrm~ ff ! Q!l!lrl ~liij .... I !I!:rìl!~ . É tìm¡I:!IJ1:¡' I 'N' {fddr't ~ *.II~I:f'l t ~ ~ - ! I ".~ ~ I ,1hl'V,: I hiJ'r.fl,!I!, t , .-.-.-.-. . . .- . " 'i I . I ¡ i, I [i¡,I. .J ,fii I t.. .....1"'.~ I' ,. ~ j... . .. ..... ~ . ~ .~ I i iì¡ 1 í ~ I [)11:ml~rl"I'fi!lllill¡II;1 ~ - -..- ... I . ." {' I· í ,Ii JII. '111,1'1 Iii ! ¡¡¡Ii .'~. ~ I _ ¡ /: II· 'f'¡I' . ¡'!i'¡' 1'131:111 , Þ" ¡I ¡.!¡ J¡ IJI'II. I' WI . '. .'. " '. ....~:.. ': I ¡'ii mml~ii ;!!~¡i!i¡f'~lm;~ ~ ,. "~i.:,i.: "'~i I ~I ~I; df'ljl 111!!llilil! ~ ,,,.,, \ j II. II!! II lIlll,ll ~ r.;l ~ '~t=j~1 ~! li~ I ! II '11'1: , I I '¡----= (.1 .!II ;l11J1~ '.' ~ I ~ I . I II' f If ~ '>1 II' ¡i ),1 I--- ¡I, 1 ! . I I ¡-- :Ia , I ¡ I i Ii! i I I. ; ! L; ~! 'f ; )4.... :If....· Q.... I 1. i Þ . . .L. ._._. .~~_. .. .. i tþ I _œ" . APlGltOUP INC. 1....--- ~b:J· I ~ r II : r run.=n:......:.. . _-=--=.._ >=~_~__",-_ ,....'.__ -.---- -.---- ~" _..._--_.~ ";::':'~-;':::;:- ". ". '__~"""'~''"'_''''''''''''''''_.~="'_~ , .__.·_,__.~,_·..,~H...'.·' EXHIBIT "C" Conditions of Approval Project name: St. Gregory's Armenian Church File number: SPTE 04-013 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments; None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Staff recommends Ihat the site plan approval be extended for a period of nine X (9) months rather than one (1) year, as requested by the applicant. Under this Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I scenario, the new expiration date would be June 2, 2005. 2. The applicant must submit an updated traffic concurrency approval letter X from Palm Beach County Traffic Engineering that extends the build-out date, Drior to issuance of any Dermits. 3. All vrevious conditions of aDDroval must still be complied with. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\St. Gregory's Annenian Church\SPTE 04-01 I\COA.doc - .,.~-~------~_.,---- DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: St. Gregory Armenian Church APPLICANT'S AGENT: Mr. Dale Meaux with API Group, Incorporated APPLICANT'S ADDRESS: 111 East Palmetto Park Road Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 7,2004 TYPE OF RELIEF SOUGHT: Request one (1) year site plan time extension for a 162-seat church approved on September 2, 2003 (an extension to September 2, 2005) LOCATION OF PROPERTY: South side of Boynton Beach Boulevard, approximately 300 feet west of Southwest 8th Street. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\St. Gregory's Armenian Church\SPTE 04-Q11\DO.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEAC] ITEM F AGENDA ITEM REQUEST FO.l:uu Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned Meetin2 Dates in to City Clerk's Office Meetinl! Dates in to Citv Clerk's Office [g December 7, 2004 November 15, 2004 (Noon.) o February 1,2005 January 17, 2005 (Noon) o December 21, 2004 December 6, 2004 (Noon) o February 15,2005 January 31, 2005 (Noon) o January 4. 2005 December 20, 2004 (Noon) o March I, 2005 February 14,2005 (Noon) ç') C")::¡ o January 18.2005 January 3, 2005 (Noon) o March 15,2005 February 28, 2005 (Nm!!!) .:::¡-< C> -<0 <: :¡'l - CO '10 0 Administrative 0 Development Plans U1 :_::~ -< "':Z NATURE OF ~ Consent Agenda 0 New Business -0 '~.-')-i :x 0 AGENDA ITEM 0 0 r.- :.:J.z Public Hearing Legal '1 -,.¡O) 0 Bids 0 Unfinished Business 0 -f"1 Ul ('")J> 'Tin 0 Announcement 0 Presentation :J: 0 City Manager's Report RECOMMENDATION: Authorize the use of Community Investment Funds ITom Commissioner Mack McCray for the B lack Awareness Program, EXPLANATION: Commission approval is requested for allocation of $2,500 of Community Investment Funds for the Black Awareness Program, PROGRAM IMP ACT: Allocation of funds will assist the above program. FISCAL IMP ACT: Funds are budgeted for these types of activities, Each Commissioner has $10,000 in Community Investment Funds to aJlocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. ~. Department Head's Signature Manager's Ignature Department Name City Attorney / Finance / Human Resources S:\BULLET!N\FORMSIAGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: November 10, 2004 Requested by Mayor/Commissioner: Mack McCray Amount Requested: $2,500 Recipient/Payee: Black Awareness Program Description of project, program, or activity to be funded: Assist in funding of program Dated: ~ BY~ 'm. ~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. No funds have been used to date by the requesting Member, leaving a balance of available funds of$IO,OOO. This request would bring the available amount down to $ 7,500. Accordingly: ¡¡ There are funds available as requested ¡¡ There are insufficient funds available s requested. Dated: f/ /'5'/D<I By: I Finance Dir ctor Part III- Eligibility Evaluation (to be completed by City Manager) 'If' The proposed expenditure of funds wil1 not result in improvement to private property; i:l" The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; e' The project, program or activity which is being funded wil1 occur in the City of Boynton Beach and participation is open to all residents of the City; and ð" Proper safeguards are being implemented to assure that the public funds being appropriated wil1 be used for the stated p ose. Dated: 1\\ß.11 DV( By: C:\Documents and Settings\praînitoj.CITY\Local Settings\Temporary Internet Files\OLKE\McCray request _ Black Awareness.doc, ] 1/1 1/2004 ."..,,-~-- -_...~..-" ". ...._-"._~~.,~~-"._,. VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM G. / AGENDA ITEM REQUEST FORm. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetimz Dates in to City Clerk's Office Meetimz Dates in to City Clerk's Office ~ December 7, 2004 November 15, 2004 (Noon.) o February 1,2005 January 17,2005 (Noon) o December 21, 2004 December 6, 2004 (Noon) o February 15,2005 January 31,2005 (Noon) o January 4, 2005 December 20, 2004 (Noon) o March I. 2005 February 14, 2005 (Noon) (') C,:~ o January 18, 2005 o March 15.2005 C"") .~::~ -<. January 3, 2005 (Noon) February 28, 2005 (Noon)'" .~ --? ---<---' ..- -T1 Q ., .~ ."" - -j- C:> 0 0 ., -,-(. Administrative Development Plans Q ~^:,~ ~ 0 - -I NATURE OF Consent Agenda New Business -0 (Jl'c> AGENDA ITEM 0 .~.o: O::L 0 Public Hearing Legal " - __\_C' 0 0 .' ~í'\'\ Bids Unfinished Business -:::> "'7 0'1 ;':10 0 Announcement 0 Presentation :::: 0 City Manager's Report RECOMMENDATION: Approval of expenditure in the amount of $8,391.00 ITom the State Law Enforcement Trust Fund to purchase a KIDcard ill photo system and related eqnipment. The software is ITom Symbology Enterprises Inc. and the computer is ITom MoreDirect. Symbology Enterprise Inc. is a sole source provider and MoreDirect is ITom state contract. EXPLANATION: The photo ill card system is "kiDcard" is everything you need to capture digital photos and fmgerprints, and personal data; then print a two-sided credit-card style ill card. The "kiDalert" is software designed and exclusively distributed by Symbology Enterprise, Inc., that allows the user to quickly distribute saved photos and data in the event a "kiD card Kid" goes missing. This funding is in compliance with Florida Statute 932.7055(4c3). PROGRAM IMPACT: - FISCAL IMPACT: Funding is provided in State LETF account 691-5000-590-04-25 MoreDirect $1,503.64 Symbology Enterprise $6,887.00 ALTERNA~....---- ~{¿~ Department Head's Signature City Manager's Signature Police ~M,1jS Department Name City ¿Æomey I Finance I Human Resources S,IBULLETINlFORMSIAGENDA ITEM REQUEST FORM.DOC . Effective, valuable community service training IS required to get started What better way is there Portable - A single person can set np lor a police department or other government agency to help residents the system in a matter of minntes than to assist in keeping their Fast printing - Complete cards are children safe' available in under 30 seconds . Great PR tool ---- ----._~ · Low maintenance - Occasional TIns is a high visibility pnblic service. These programs create great cleaning is all that's required to keep the press for the police department and participating public officiaJs. eqnipment in top shape. . Aids in finding lost and missing chi/dren · Complete system - We take all the gnesswork out of eqnipment At the discretion of the parents, a pennanent record can be selection by providing a fuJJ function, tnrnkey system maintained in the police departments data base. When a child is · Friendly, courteous phone support - When you call our cnstomer reported missing, the digital inlonnation can be retrieved and service line, you'll find knowledgeable, mendly people who want to help. qnickly distributed to patrolmen and other agencies to assist in locating the missing child. · Design service avai/able - We have personnel that can assist in . Security designing the card and configuring yonr system. A durable photo ill that parents can carry with them is the · Same day shipment of supplies - We keep snpplies in stock so that qnickest, most effective way to identifY lost or missing yon never have to wony abont running ont children. · Data can be shared and archived between police . Durable departments - Because all the data is stored as standard type illes, Printed on rugged, flexible plastic, these cards maintain im:¡ges can be shared between co-operating :¡gencies. :,their clarity and are not affected by water or nonnal Other Valuable Uses handling. . Convenient · ill's for Extended Care Patients and Senior Citizens Parents can carry their child's photo ill with them · Municipal Employee ill badges - Fire Department, Maintenance wherever they go. This credit card size ill can be kept in a wallet or purse. employees, Conrt workers. . Positive Photo fD with fingerprint · licensing -Register solicitors and other service Many a¡encies are inc1nding the child's right thumb business employees as part of the licensing print on thi back of the card along with emergency process. instructions for the parent. · Day care center ill's Options: · Signature Capture Device: $495.00 · Custom designed klDcard, Officer ID or other temp~te: $250.00 ·12 Mill White PVC Cards, great for business cards: $72.00 per thousand. · Monochrome ribbon in various colors, 1,000 images for $18.00 per roll (B~ck on~). · Cleaning roHer (recommended changing every 500 prints): $28.00 for a 5 pack. · CleanIng cards for print head and printer rofJers, pack of 25: $25.00 · Upgrade to Eltron P520 dual-sided printer wllaminator: add $2,000.00; · Onsite training, card design services and computers available - ask for Quote. Special kID card Complete System Pricing - $5,950.00 III Co~ _.. Solutio... ".. _w",·.>·.·~.__.~~_,_._,... II/ "( , CITY OF BOYNTON BEACH, FLORIDA O~/' INTER-OFFICE MEMORANDUM TO: J 'th, DATE: November 2, 2004 FILE: SSIS Chief, n orm Services Lisa~;~41~ SUBJECT: kIDcard Photo Identification System FROM: REFERENCES: Sergeant, Uniform Services ENCLOSURES: Pawelczyk memo, quote from Symbology, quote from More Direct On September 29,2004 I received a memorandum from Michael Pawelczyk, Assistant City Attorney, where he agreed that this equipment qualified for the use of the LEJP monies, provided that the comments he listed were addressed before taking the proposal for this Crime Prevention equipment before the Commission. Symbology Enterprises Incorporated came to BBPD on October 15, 2004 and presented their product, then answered questions from Officer Huntington, Mr. Solomon and me. The comments that Mr. Pawelczyk made were also addressed. Comment I-there are no software license agreements, hardware maintenance agreements or purchase agreements Comment 2- there is a 1 year warrantee on the printer, with an option for a second year (addressed below) Comment 3- there is no trial period for this program 'quote is $5950.00 for the system, an additional $949.00 for supplies*, and $1505,00 for a dedicated laptop WIth the capabilities to run this system. Mr. Solomon also recommends that we purchase the Maintenance contract for $620.00 that will cover 2 years. This brings the total amount to $9024.00 be used from the LETF monies to for the purchase of this system. I believe that all of the necessary documentation is in order for proceeding to the Commission with the request for approval of this system. . . *additional supplies 30-mil white PVC cards 500/box- $40.00 per box need 3 boxes= $120.00 6 Panel color Ribbon $76.00 per roll need 9 rolls = $684.00 Cleaning card-maintenance $25.00 Cleaning Roller- maintenance $28.00 Total additional supplies $9f·Ð(} .£'''7 8D .5~ ,"}JIN'~ <OM : AME FAX NO. :S616490077 Oct. 20 2004 10:S3AM P2 SYMBOLOGY 10211 West Sample Road, Suite 212 NTERPRISES Coral Springs, Florida 33065 'EINCORPORATBD Office: 954-345-5777 Fax: 954-345-0656 www.Symbology.Net October 19, 2004 Sergeant Lisa Little Boynton Beach Police Department 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Dear Sgt. Little, Thank you, for meeting with Eric and me, last Friday and allowing us to show you our "klDcard Photo Identification System". As we explained Symbology Enterprises, Inc., Is the sole source provider of this system. The "kIDcard/kIDalert System" is a proprietary bundle of hardware, software and consumable supplies developed and sold exclusively as a package by Symbology Enterprises. Inc. The "kIDcard" solution includes everything you need to capture digital photos and fingerprints, and personal data; then print a two-sided credit-card styte ID card. The "klDalert' Is softwere designed and exclusively distributed by Symbology Enterprises, Inc., that allows the user to quickly distribute seved photos and data in the event a "klDcard Kid" goes missing, In multiple electronic and printed formats. We are pleased to provide you with the following proposal/quotation: Pt. Number Descrlation Unit Cost Ctv. Total Cost klDcard COMPLETE SYSTEM 55,950,00 (1) $5,950.00 (The following items are part of the complete "klDcard System') P420-0QOO Zebra Dual Sided Card Printer-Kit 0.00 (1) 0.00 VIDCAP. Video Capture Kit USB, Cables 0.00 (1 ) 0.00 M-5702 JVC Cam Corder wlTrlpod, Cables 0,00 (1 ) 0.00 EPh~uite 6.0 Lite Card Design & Printing Software 0.00 (1 ) 0.00 APT2001 Fingerprint Capture Device, Cables 0.00 (1) 0.00 23-618 Power Strip 0.00 (1 ) 0.00 800015-148 6Panel color Ribbon 170 images/roll 76.00/r1 (3) 0.00 11435 30-mil White PVC Cards, 500lbx 40.001bx (1) 0,00 Shipping UPS Ground 80.00 ADDITIONAL OPTIONS; 800015-101 Black Monochrome Ribbon -1000 18.00/rl 11065 10-12mll.White PVC Cards. 1000/bx 72.00/bx 1 MAGTP Cleaning Card - Pack of 25 25.00/pk 105912-003 Adhesive Cleaning Roller, Pack/5 28.00/pk :-ROM ;HITIt: FAX NU. :5616490077 Oct. 20 2004 10:S4AM P3 .- - . SYMBOLOGY 10211 West Sample Road, Suite 212 NTERPRISES Coral Springs, Florida 33065 EINCORl'ORATED Office: 954-345-5777 Fax: 954-345-0656 www.Symbology.Net 39431020 Card Punch - Stapler Style 60.00 104527-001 Lapel Clips - 100/pk 40.00/pk Hot Swap P4 One Year Hot Swap- Maintenance 620.00 (effective 2nd year) 1660 Case Pelican Carry Case 325.00 Our special "kJDcard" complete system pricing includes training at our office, located In COral Springs, Florida, or at your location if within 2 hours drive time of our office. Training sessions normally take approximately 3 to 4 hours. We suggest yoU dedicate a leptop to the "kIDcard" system, and recommend the following minimum specifications for the laptop; Windows 2000 or XP operating systems, 256MB memory, 1024 x 768 screen size, (1) USB Port and (1) Parallel (Printer) Port. SEI would be happy to include a laptop with the system at an add-on cost to you of $2000.00. Thank you, for giving us the opportunity to provide you with this proposal/quotation, and I look forward to working with you during the training and set-up of this equIpment. . . NI(!;)RIE'" Salesperson: Christian Perry Phone: 919-388-9629 DIRECT Fax: 919-882-9192 Email: cperry@moredirect.com Sales Quote For City of Boynton Beach Police Dept. Bill City of Boynton Beach Sh" T . City of Boynton Beach To: Police Dept. Ip o. Police Dept. Micheal Munroe 100 E. Boynton Beach Blvd. 1 00 E. Boynton Beach Blvd. Boynton Beach, FL 33435 BOYNTON BEACH, FL 33435 Ship-Via Member Invoice Reference UPS Ground Fl. contract # #250·000-03-1 PONum OrderDate SalesPerson Terms OrderNum Kidcard 10/20/2004 Christian Perl'Y'~_919"38B·9629 - cperry@moredirect.com Net 30 1517095 Order Items Qty Item# Description Manufacturer MfgNum UnitPrice Extended 1 999926 G40 2.8P4 256/40 CMB 1 S N/M WXP IBM 2384EHU 1,225.00 1.225.00 C45997 256M8 PC2700 CL2.5 NP DDR IBM - THINKPAD 31 P9830 1 SDRAM SODIMM IBM OPTIONS 78.64 78.64 1 175836 Electro 3 YEAR 9XS ON SITE SERV IBM 30L9195 200.00 200.00 Total (Product Only): 1.503.64 . Signature Date . Print Name MoreDlrect.com Corporate Headquarters 7300 N. Federal Highway, Suite 200 Boca Raton, Florida 33487 Tel. (S61) 237-3300 Fax: (S61) 237-3390 _..·_..."__,_·."...__"·.~__.~"._"_·_~·o "711 - . ~ CITY OF BOYNTON BEACH MRMORANnTTM TO: Lisa Lillie, Sergeant, Uniform Services CC: John Smith, Assistant Chief, Uniform Services Mary Munro, Assistant to Finance Director (w/attachments) p~eZL(tw FROM: Michael J. Pawelczyk, Assistant City Attorney ~)&f\vi 1· RE: City of Boynton Beach ("City") / KIDcard Program and LETF Expenditure DATE: September 29,2004 This is in response to your memorandum to the City Attorney dated September 14, 2004, and regarding the above matter. You have requested that we review the KIDcard ill Program and determine whether funds in the Law Enforcement Trust Fund (LETF) can be used to purchase this service. I have reviewed the documents attached to your memorandum and comment as follows: .' 1. If there are any-software license agreements, hardware maintenance agreements; or purchase agreements, those documents must be forwarded to our office for reVIew. 2. Noticeably absent from the materials are any warranty provisions regarding the equipment and software, guarantees that the software and equipment will function as designed, and any payment terms. The seller of this program and equipment . should warranty his or her product and payment should not be made to the vendor . until such time as your department has accepted the functioning program and equipment. 3. Oftentimes, trial periods are afforded the purchaser of these types of programs, so that the purchaser can ensure that the product being pUrchased functions properly and as promised by the vendor. The City may waitt to consider negotiating a similar-type provision into this purchase. 4. By copy of this memorandum and your memorandum dated September 14, 2004 with attachments, to Mary Munro in the Purchasing Division, I am requesting that the Purchasing Division review and comment as well. . ~ As to the use of forfeiture funds, Section 932.7055(4), Florida Statutes, does not prohibit the use of forfeiture funds to purchase the KIDcard Program and equipment. As outlined in the materials you provided, the purchase is not being made to meet normal operating expenses, and the KIDcare program has a purpose associated with crime prevention and safe neighborhoods, may defi"ay the cost of complex investigations, and will provide an additional law enforcement tool to the department. Should you have any questions, please do not hesitate to contact me. MJP:mjp S:\caIMJP\memo 2004ILiIJie (LETF Expenditure) 09-29.doc . . .._._-~...~._,..,_.,., - VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM I. AGENDA ITEM REQUEST FOR.._ Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned MeetinlZ Dates in to Citv Clerk's Office Meetine: Dates in to City Clerk's Office [8] December 7, 2004 November 15,2004 (Noon.) o February I. 2005 January 17, 2005 (Noon) o December 21, 2004 December 6. 2004 (Noon) o February 15.2005 January 31, 2005 (Noon) o January 4, 2005 December 20, 2004 (Noon) o March 1,2005 February 14, 2005 (Noon) D January 18,2005 January 3, 2005 (Noon) o March 15,2005 February 28, 2005 (Noon) ;;'-J ~2 i.~==t 0 Administrative 0 Development Plans ~ =ï-< [8] 0 0 -~Q NATURE OF Consent Agenda New Business >< C)" AGENDA ITEM 0 0 Legal - -:-.:co Public Hearing 0 '0 , , 0 :--.., 0 Bids UnfInished Business .", ,-:2': :-J:: .,J --I 0 Announcement 0 Presentation c:.~2 - "~-1-- 0 City Manager's Report .. --r¡CD D -fT1 (f ;:1> , '0 :r: RECOMMENDATION: Accept the award of the block grant between the City of Boynton Beach and the U.s. Department of Justice Office. The award amount is $41,130.00. EXPLANATION: The City of Boynton Beach has been awarded a grant trom the U.s. Department of Justice, Local Law Enforcement Block Grant Program to fund for taser equipment and in-car printers. This grant is a matching fund grant. The Cities share is a 10% matching fund. PROGRAM IMPACT: This grant will allow the Police Department to fund new equipment within the department. FISCAL IMPACT: LLEBG Funding $41,130 City of Boynton Beach $ 4,570 Total Funding $45,700 City funding has been provided in account 001-2110-521-91-04. ALTERNATIVES: ,4~~- ~ City Manager's Signature Police ~tlIS Department Name ty Attorney / Finance / Human Resources S:IBULLETJN\FORMSIAGENDA ITEM REQUEST FORM.DOC -~_. ---~----~-- ---.. j e u.s. DEPARTMENT OF JUSTICE AWARD OFFICE OF JUSTICE PROGRAMS DOJP GJ BJA o OJJDP GJ GRANT PAGE 1 OF 7 I [l BJS D NU Dove o COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX ..-._------ I. GRANTEE NAME AND ADDRESS (Including Zip Code) 4. AWARD Nl.J1'o..fBER: 2004.-LB~BX-]572 Boynton Beach City ~~----- --.. 100 E. Boynton Beach B]vd. 5. PROJECT PERIOD: FROM JO/OIn003 TO 09/3012005 Boynton Beach, FL 33435-3899 BUDGET PERIOD: FROM 1010112003 TO 09/300005 ] A. GRANTEE 1RSNENDOR NO. 596000282 6. AWARD DATE 0810512004 7. ACTION .--- 2. SUBGRANTEE NAME AND ADDRESS (Including Zip Code) 8. SUPPLEMENT NUMBER GJ Initial LJ Supplemental ------- 2A. SUBGRANTEE IRSNENDOR NO. 9. PREVIOUS AWARD AMOUNT $0.00 ~.,-- ------'- -----'-- 3. PROJECT TITLE ] O. AMOUNT OF TIUS AWARD $4],130 FY 2004 Local Law Enforcement Block Grants ~--_. ------------ --- II. TOTAL AWARD $41,130 --- 12. SPECIAL CONDITIONS (Check, ¡fapplicable) [J THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON TIJE ATTACHED 6 PAGES u_____ ~,_. 13. STATUTORY AUTHORlTY FOR GRANT D TITLE 1 OF THE OMNIBUS CRlME CONlROL AND SAFE STREETS ACT OF 196B. 42 V.S.C. 3701, ET. SEQ., AS AMENDED D TITLE 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 42 V.S.C. 5601, ET. SEQ., AS AMENDED D VICTIMS OF CRlME ACT OF ]984, 42 U.S.c. 10601, ET. SEQ., PUBLIC LAW 98-473, AS AMENDED GJ OTHER (Specify): F¡~I Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriati<mS Act (Pub. L. No. 107-77) ]4. FUTURE FISCAL YEAR(S) SUPPORT: SECOND YEAR'S BUDGET PERlOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: ----- --"'-- THIRD YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: 15. METHOD OF PAYMENT THE GRANTEE WILL RECEIVE CASH VIA A LErfER OF CREDIT D YES 0 NO AGENCY APPROVAL GRANTEE ACCEPTANCE 16. T¥Pft) NAME AND TITLE OF APPROVING O1P OFFICIAL lB. TYPED NAME AND TITLE OF AUTHORlZED GRANTEEOFFIClAL Domingo S. Herraiz lerryTaylor Director Mayor -- 17. SIGNATURE OF APPROVING OlP OFFICIAL ] 9. SIGNA TIJRE OF AUTHORIZED GRANTEE I9A. DATE cD! Í-------û AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21.L18M14 FISCAL FUND BUD. mv, YEAR CODE ACT. OFC. REG. SUB. POMS - -.-.- -- - -. I X B LI 80 00 00 OJP FORM 40000 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORNI Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office ~ December 7, 2004 November 15, 2004 (Noon.) o February 1,2005 January 17,2005 (Noon) 0 December 21, 2004 December 6, 2004 (Noon) o February 15, 2005 January 31,2005 (Noon) o January 4, 2005 December 20, 2004 (Noon) o March 1,2005 February 14,2005 (Noon) o January 18, 2005 January 3, 2005 (Noon) o March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM ~ Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the December 7, 2004 City Commission Agenda under Public Hearing. The Planning and Development Board recommended that the subject request be approved, subject to all staff comments. For further details pertaining to the request, See attached Department of Development Memorandum No. PZ 04-267. EXPLANATION: PROJECT: Renaissance Commons Phase VI (COUS 04-008) AGENT: James Comparato and Carl Klepper for Compson Associates of Boynton II, LLC OWNER: Compson Associates of Boynton II, LLC LOCATION: Southeast corner of Congress Avenue and Gateway Boulevard DESCRIPTION: Request for Conditional Use /New Site Plan approval of a Mixed Use project, including 348 multi-fainily dwelling units, 105,510 square feet of commercial and 176,097 square feet of office/storage space, on an 18.126-acre parcel in a SMU zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~'~rn' ALTERNATIVES: N/A Deve pm t Department Director ~¿X~ Drrector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Site Plans\Phase VI COUS 04-008\Agenda Item Request Renaissance Commons Phase VI COUS 04~008 12-7-04.dot S,IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-267 TO: Chair and Members Planning & Development Board THRU: Mike Rumpf Director of Planning & Zoning FROM: Eric Lee Johnson, AICP if Planner DATE: November 18, 2004 PROJECT: Renaissance Commons Phase VI COUS 04-008 REQUEST: Request conditional use / new site plan approval for the construction of four mixed-use buildings between 55 feet in height and 75 feet in height. These buildings would accommodate 348 multi-family dwelling units, 58,645 square feet or retail, 49,240 square feet of restaurant, and 176,097 square feet of office on an 18.126-acre portion of the 86-acre project known as Renaissance Commons, zoned Suburban Mixed-Use (SMU). PROJECT DESCRIPTION Property Owner: Compson Associates of Boynton II, LLC Applicant: Compson Associates of Boynton II, LLC Agent: Mr. James Comparato and Mr. Carl E. Klepper Location: Southeast corner of Gateway Boulevard and Congress Avenue (see Location Map - Exhibit "A") Existing Land Use: Development of Regional Impact (DR!) Existing Zoning: Suburban Mixed Use (SMU) Proposed Uses: 348 multi-family dwelling units 58,645 square feet of retail 49,240 square feet of restaurant 176,097 square feet of office Acreage: 18.126 acres (789,568 square feet) portion of the 85.552-acre mixed- use master plan .",,,,'._'~".~~~---"---_.~~~-~-,-~ Renaissance Commons Phase VI COUS 04-008 Page 2 Memorandum No. PZ 04-267 Adjacent Uses: North: Right-of-way for Gateway Boulevard, further north is developed commercial property (Shoppes of Boynton) with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); South: Undeveloped land (Phases III and V of Renaissance Commons) with a Development of Regional Impact (DR!) land use classification, zoned Suburban Mixed-Use (SMU); East: Undeveloped land (Phase IV of Renaissance Commons) with a Development of Regional Impact (DR!) land use classification, zoned Suburban Mixed-Use (SMU); and West: Right-of-way for Congress Avenue, further west is developed commercial property (Catalina Center) with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND The subject site is the location of the former Motorola Development of Regional Impact (DR!). The original Motorola DR! as approved in 1979 was, upon bUildout, to contain 825,000 square feet (sq. ft.) of industrial, research and development, and office uses. Following approval, 625,000 sq. ft. of industrial and office uses were constructed, with the remaining 200,000 sq. ft. of approved office use left undeveloped. In 2002, both the DR! development approval and the future land use designations were amended to allow the development of 63,500 square feet of commercial uses and 500 multi-family residential units in place of the un built 200,000 sq. ft. of office use. On July 20, 2004, the City Commission approved the applicant's request to rezone (LUAR 03-009) the entire site from Planned Industrial Development (PID) to Suburban Mixed-Use (SMU), which included the establishment of new maximum development thresholds from the conversion of built and undeveloped industrial square footages. As part of the most recent DR! amendment, a "conversion" matrix was adopted that allows up to 30% adjustment in the total number of dwelling units and square footage of non-residential uses. This conversion matrix allows for flexibility to change between the uses and their intensities to meet market demand while ensuring that the balance of cumulative impacts would be below the concurrency threshold as it relates to vested traffic. This translates into adjustments of new development thresholds equaling 1,691 dwelling units, 176,097 square feet of office, and 165,365 square feet of commercial upon completion of the Renaissance Commons project. This conversion matrix is consistent with the vested trips approved with the DR!. This is the final phase of development for Renaissance Commons. Staff has ensured that, with the approval of this site plan, the total densities and intensities of the overall development are consistent with Policy 1.24.2.b of the Comprehensive Plan (stated below). Renaissance Commons Phase VI COUS 04-008 Page 3 Memorandum No. PZ 04-267 Policy 1.24.1.b Consistent with the Renaissance Commons DRI Development Order, the approved land uses and intensities shall be as follow: Land Use (as defined in Policy 1.16.1) Minimum-Maximum Intensity Hioh density Residentia/ 1,085 du to 2,016du Office Commercial 173,460 sf to 322,140 sf Local Retail/General Commercial 149,100 sf to 276,900 sf Compson Associates of Boynton II, LLC is seeking conditional use / new site plan approval for the sixth and final phase of their project known as Renaissance Commons. The sixth phase is an 18.126-acre portion of the 85.552-acre parcel of land previously occupied by Motorola (DRI). Dissimilar to the other phases, this sixth phase is the commercial and mixed-use core of the master plan, consisting of a six (6)- story mixed-use building known as Building "J", which would house 185 multi-family dwelling units and 6,836 square feet of retail. Building "L", proposed at five (5) stories (75 feet in height), would also be mixed-use with 13,981 square feet of restaurant, 13,637 square feet of retail, and 163 multi-family dwelling units. Building "I" would be four (4)-stories (70 feet in height), consisting of 25,718 square feet of retail, 12,300 square feet of restaurant space, and 109,312 square feet of office. Building "K" would be three (3)-stories (75 feet) and consist of 12,454 square feet of retail, 22,959 square feet of restaurant, and 66,785 square feet of office. All proposed uses are allowed in the SMU zoning district. However, the SMU zoning district requires conditional use approval for buildings proposed over 55 feet in height. Therefore, this phase of Renaissance Commons requires conditional use approval because all buildings have portions of their structures that exceed the 55-foot height threshold (see Exhibit "C" _ Conditions of Approval). No phase lines were shown on the master plan (sheet MP-1) or site plan (sheet SP-1). CONCURRENCY Originally, the Palm Beach County School District approved the entire Renaissance Commons site for 1,001 multi-family dwelling units. The applicant submitted new information and requested concurrency approval for the additional condominium units. As of October 4, 2004, the entire Renaissance Commons site (85+ acres) has school concurrency for a total of 1,700 units (1,442 multi-family units and 256 high- rise apartments). However, at the time of permit review, the applicant would be required to submit updated information so that staff can easily confinm the cumulative number and type of residential units approved through Phases One through Six (see Exhibit "C" - Conditions of Approval). This infonmation is required by staff in order to monitor the entire Renaissance Commons project for school concurrency purposes. The project is projected to require approximately 150,000 gallons of potable water per day. The City is currently negotiating a bulk water purchase agreement with Palm Beach County Water Utilities that will secure up to 5 million gallons per day in capacity for the city's system. No approvals will be issued without this agreement in place and adequate water capacity being available. Generally, a project's anticipated traffic is generated by two factors, namely the proposed use and its intensity. On December 30, 2003, the Palm Beach County Traffic Division reviewed the master plan for traffic concurrency purposes and detenmined that it met the Traffic Perfonmance Standards (TPS) of Palm Beach County. Phases One through Five were covered under the original approval for the ,.,.",,-.-.- -,._.---". Renaissance Commons Phase VI COUS 04-008 Page 4 Memorandum No. PZ 04-267 Development of Regional Impact (DRI). The DRI's current approval was for 1,551 multi-family dwelling units, 247,800 square feet of general office, 198,000 square feet of general retail, and 15,000 square feet of daycare. On October 25, 2004, the applicant submitted a traffic equivalency determination for review and approval. However, no response has been received from the date of this report. Therefore, the traffic equivalency determination must be approved by the Palm Beach County Traffic Division prior to the issuance of any building permits for this phase (see Exhibit "C" - Conditions of Approval). The Engineering Division of Public Works reviewed the drainage plans to ensure compliance with all applicable codes and regulations regarding legal positive outfall. The conceptual plans submitted herein, are acceptable to the Engineering Division but as per staff policy, a more detailed version would be required at the time of permitting (see Exhibit "C" - Conditions of Approval). Police: The Police Department is currently reviewing the subject request for impact on their level of service and the results will be relayed to the Board and Commission if received timely. Fire: Fire-Rescue personnel continues to support development of the Renaissance Commons project; however, with the understanding that additional resources are needed through hiring of inspection personnel, the timely completion of stations #4 and #5 to ensure adequate service delivery levels and effective response times in the northeast section of the City and as a backup in the northwest section of the City, and solutions provided (i.e. funded) for mapping and dispatching issues. STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 1l.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be detenmined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section, In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Tbe subject phase, as illustrated on the master plan, is located at the northwest comer of the parce~ north of Phases Three and Rve and west of Phase Four. Vehicles would enter Phase Six by four (4) different points of ingress / egress. The main point, the northemmost entrance, is proposed along Gateway Bou/evard. The site plan (sheet SP-l) does not indicate the width of the entrance but it would accommodate two (2)-way traffic movements. Upon entering from Gateway Boulevard, Renaissance Commons Phase VI COUS 04-008 Page 5 Memorandum No. PZ 04-267 vehicles can either make an immediate right-turn (west) or move towards the interior of the phase (south). Tñis northernmost opening on Gateway Boulevard also would allow for three (3) directions of egress. Vehicles may turn left (west), straight (north), or right (east). Tñe second point of ingress / egress is proposed west of the five (5)-story building (Building "L "); on one of the development's drive aisles in Phase Tñree. Tñis drive aisle has direct access onto Congress Avenue and would allow for two (2)-way traffic movements. Tñe third and fourth points of ingress / egress are proposed along the ''spine road" of the Renaissance Commons development One opening would be a major entrance, the other, a subordinate entrance. Tñe major entrance would allow vehicles to directly access the interior portion of the phase. Tñe other entrance would primarily allow for vehicles to access the parking areas proposed along Gateway Boulevard. Tñe applicant states that ''ingress and egress for the project has been carefully planned to provide exemplary pedestrian access throughout the site in a safe and convenient manner. Tñe applicant has worked with the Rre Department to develop the fire department design guidelines in case of fire or catastrophe". Staff concurs and agrees that fire, police, and service vehicles could easily maneuver through all above-referenced driveway openings, drive aisles, and curb-cuts. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Tñis phase of the Renaissance Commons project proposed a mixture of different types of uses. One- bedroom apartment units require one and one-half (1 1/2) parking spaces. Two and three bedroom apartment units require two (2) parking spaces each. Tñe project proposes two (2) large condominium buildings consisting of a total of 144 one (i)-bedroom units, 158 two (2)-bedroom units, 46 three (3)-bedroom units, and a recreation area. Restaurants require one (1) parking space per 100 square feet of gross floor area or one (1) space per 2.5 seats; whichever requires the greater number of spaces. Retail establishments require one (1) parking space per 200 square feet of gross floor area. Lastly, one (1) parking space is required for 300 square feet of office use. Tñe project proposes 49,240 square feet of restaurant, 58,645 square feet of retail/commercial, and 176,097 square feet of office space. A total of 2,001 parking spaces would be required based on the aforementioned uses and their respective intensities (see Exhibit "c" - Conditions of Approval). Since the total number of seats for the restaurants is undetennined at this time, the parking methoclology would be based on the gross floor area (49,240 square feet), which would limit the project to 1,231 seats. Tñe cover sheet tabular data indicates that 1,804 parking spaces would be provided, a deficiency of 197 spaces. However, the applicant believes that the peak hour demand for parking varies between the uses and that they are prepared to submit quantitative evidence demonstrating the sharing of parking spaces. Tñe applicant would submit a shared parking analysis at the time of pennit review. It should be noted that Phase Six is just a small portion of the Renaissance Commons development and staff reviews each phase (cumulatively) to ensure compliance with code. Tñe cover sheet tabular data indicates that there are 262 extra parking spaces left over from the previous five phases, so therefore, Phase Six would comply with cocle by virtue of being a component of the Renaissance Commons project. Tñe majority of the provided parking spaces would occur Inside the parking garages (1,268 spaces), while 536 spaces would occur as off-street parking. "".-- ___u·_."M".. Renaissance Commons Phase VI COUS 04-008 Page 6 Memorandum No. PZ 04-267 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The ground floor plan of Building "J" (sheet A-1) shows that this six (6}-story building would have several trash rooms. The site plan shows that the trash trucks would have enough space to maneuver around to pick up the containers because of wide back up areas. The trucks would access the garbage rooms at the west façade. The ground floor plan of Building 'T (sheet A-3) shows two (2) trash rooms and loading zones would occur on the east façade. The ground floor plan of Building "K" (sheet A-5) indicates that this building would have one (1) trash room. It would be accessed at the south façade. The ground floor plan of Building "L" shows that its trash room would be placecl along the south façade. No trash trucks would have to enter any of the buildings. Staff reviewecl the plans and determined that the number, location, and orientation of the enclosures and the pick- up area are adequate for efficient trash removal. 4, Utilities, with reference to locations, availability, and compatibility. At the time of permitting, the applicant would be required to submit a tlmeline that clearly illustrates when water and sewer setvices would be needecl. The commencement date should statt at the date of City Commission approval. Also, the applicant would be requirecl to provide milestone dates regarding permit application, the statt of construction, and the setting of the first water meter. Utilities staff would use this timeline in order to determine the adequacy of water and wastewater treatment capacity upon the project's completion (see Exhibit "C" - Conditions of Approval). 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The cover sheet tabular data shows that the petvious area for Phase Six equals 3.194 acres or 17.62% of the 18.126-acre site. The landscape material would consist of a large quantity of shade trees, palm trees, and shrubs I groundcover. The landscape plan (sheet L6 of 6) shows that the shade trees would consist of the following species: Brazilian Beautyleaf, live Oak, Gumbo limbo, Silver Buttonwood, Mahogany, and Seagrape. The palm trees would be comprised of the following species: King Alexandra, Mecljool Date, Florida Roya~ Cabbage, Maypan Coconut, Roundleaf Fan, Wild Date, Christmas, and Foxtail palm trees. A note on the landscape plan indicates that 71% of the shade trees, 50% of the palm trees, and 50% of the shrubs would be native. Areas of special concern include the south façade of the three (3}-story building (Building nK") and the west façade of Building ''L': These facades propose opening into their trash rooms and parking areas, which may be visible from Congress Avenue. Therefore, staff is recommending installing additional trees and shrubs inside the roadside park area approvecl in Phase Three (see Exhibit "Cn - Conditions of Approval). Trees would be installed at varying heights in order to lessen the impact of the height of the buildings. For example, Royal Palm trees, installecl at 22 feet of gray wood (28 feet overall height) would be placed along the east façade of the six (6}-story Building ':r; which would face the Spine Road. The Seagrape trees would be installecl at 16 feet in height. However, staff recommends installing the Royal Palm trees at 22 feet of gray wood along the south façade of Building ''J'' instead of the proposecl12 feet (of gray wood) in order to be consistent with its east façade (see Exhibit "Cn - Conditions of Approval). The theme of the 22-foot gray wood Royal Palm trees would be installecl along the facades of Building "["and Building ''K''. The landscape plan of Building ''L'' (5-storles tall) Renaissance Commons Phase VI COUS 04-008 Page 7 Memorandum No. PZ 04-267 shows that Cabbage palm trees would be installed at 24 feet in height and Coconut palms at 16 feet in height. The shade trees proposed within the landscape buffers along Congress Avenue and Gateway Boulevard are not exactly the same spedes (Mahogany versus Live Oak) as proposed within the other phases, but the spadng, heights, and overall effect would remain constant throughout all phases. The Redtip Cocoplum hedge~ however, would be continued within these buffers. The proposed plant material in Phase Six would be appropriate for commercial types of uses. The applicant states that the proposed "screening buffering, and landscaping are far in excess of the minimum required and was designed to augment the architecture of the building with color, height, and varying of plant and tree materials'~ Staff concurs. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The proposed signage would be consistent with the previous five (5) phases of the Renaissance Commons development. Three (3) monument signs are proposed within this final phase. The site plan (sheet SP-1) shows that the one of the signs would be located at the northwestem comer of the subject property. It would face the intersection of Gateway Boulevard and Congress Avenue. The other two (2) freestanding monument signs would be placed at the main point of ingress / egress along Gateway Boulevard. All monument signs are required to be setback a minimum of 10 feet away from the property line. Likewise, it could be measured from the outside of the curb along the spine road and access road (see Exhibit "C" - Conditions of Approval). No exact details were provided regarding the monument and wall signs. The applicant intends to submit a sign program that would encompass the entire Renaissance Commons development (all six phases). The sign program would require Planning & Development Board and City Commission review and approval (see Exhibit "C" - Conditions of Approval). The applicant states that the ''signs and all exterior lighting have been designed to direct their lighting pattem in a manner to achieve maximum coverage while being compatible and harmonious with adjacent properties". 5taff concurs. 7. Required setbacks and other open spaces. The zoning for Phase 5ix has been changed from Planned Industrial Development (PID) to Suburban Mixed Use (SMU). The "height setback envelope" is not applicable within this phase because there is no single-family residential development directly adjacent to this phase. The site plan shows the buildings would be setback no more than 90 feet from Gateway Boulevard and Congress A venue and therefore, the project complies with code in that respect. The SMU zoning district requires usable open space for single-family detached, single-family attached, and all other uses. All uses proposed within this phase would be considered ''all other uses'; and therefore, 20% of usable open space would be required. A total of 3.62 acres or 157,913 square feet would be required for usable open space. The usable open space plan shows that 4.55 acres would be devoted to usable open space. However, there are certain elements of the design such as terminal and landscaped parking islands that cannot be counted towards usable open space. After discussing the petvious and impervious surfaces of the plan, staff believes that the project still complies with code because approximately 3.62 acres of land would be set aside for usable open space. Therefore, at the time of permitting, the applicant would be required to revise the plan to ..,~", _.. ..~ .. Renaissance Commons Phase VI COUS 04-008 Page 8 Memorandum No. PZ 04-287 accurately show the usable open space in order to comply with Chapter 2, Sedion 6.GA of the Land Development Regulations (see Exhibit "C" - Conditions of Approval). 8. General compatibility with adjacent property and other property in the zoning district. The current approval to give the entire Renaissance Commons parcel a single land use designation and single zoning distrid would allow for a greater integration of uses and a more innovative design for the entire property. The SMU zoning distrid is compatible with the Quantum P¡D uses to the east of the property, and with the Community Commercial (C-3) uses to the north and west. The Land Development Regulations for the Suburban Mixed Use distrid are designed to lessen the impacts on surrounding existing development by keeping the taller and more intense structures away from the perimeter of the property. Additionally, the property is separated from adjacent properties by roadways or canals. The proposed mixed-use and commercial buildings are an appropriate use for the subjed site. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The SMU zoning distrid is appropriate for low- to mid-rise developments that provide for medium density residential uses. The distrid allows for a maximum building height of 55 feet and a residential density of 20 dwelling units per acre for mixed-use projects. Building heights between S5 feet and 75 feet measured to the peak of the structure or any architectural details may be allowed only for interior buildings (those buildings separated from property line by another projed building or use) but only as a conditional use. All four buildings have portions of their structure that extend beyond the 55-foot threshold, so therefore all buildings would require conditional use approval. The placement of the buildings within the Renaissance Commons property qualifies this phase for conditional use review (see Exhibit "cn - Conditions of Approval). The proposed building heights would not exceed the 5MU zoning distrid's maximum height limitations and would compatible in comparison with the neighboring commercial and residential properties of the other phases. The applicant states, "the height of the structure (75 feet) is located toward the center of the Renaissance Commons projed to create a wedding cake approach to height. This allows lower strudures on the perimeter of the SMU zoning distrid to shield the higher structures, which would conform to the conditions and intent of the SMU zoning distrid. Staff agrees. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed development is expeded to substantially increase the City's tax-base. The proposed development for the site Is consistent with Policy 1.19.2 of the Comprehensive Plan in that the project (as a whole) would provide both commercial and residential development and is expected to generate approximately 1,090 jobs, and provide goods and selYices, as well as add to the range of housing opportunities in the City. According to the applicant, ''economically, the projed will have a positive effed on the tax receipts of the City and provide substantially more in tax revenue than expense to the City. With the average cost of homes in excess of $200,000 each, the benefit to the City is economically advantageous. 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). Renaissance Commons Phase VI CGUS 04-008 Page 9 Memorandum No. PZ 04-267 With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed buildings would exists in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. It would be atypical for residential developments to violate the City's performance standards. RECOMMENDATION Based on the discussions contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. S:\Planoing\SIiARED\wp\PROJECTS\ReoaIssanœ Commons\Slte Plans\Phase VI cous 04-008\Staff Report.doc '~'.'."..'-~~-'.'-~"-'" EXHIBIT "A" RENAISSANCE COMMONS LOCATION MAP LEGEND N . .... ...._----~=--~~~~::=~=-~:_-:_:_. ..-tt.-.,.~ ."'e$I--. ... ______u. .-.- . - ....- . -- -t;D&':---"'-L-vw1J~._lb Rw.ln..B.,a-·- .-- MODR . Moderate Density Residential S LRC . Local Retail eo"",","".1 IMðMIQ .. tJM UIID.. EXHIBIT "B" ~rc."-...".. ... ... , TH CON6f<ESs AVEt<Æ ¡ , j . ~1; I f¡--'-·--'O ~_... , )- 'i . -kt::~·"iJJf"~~T",,"T<· . j , I i ~ c- W , c__. ; T[ i j '- - -" , -- I i i ! I ~~ -- I! ¡ .. MOURIZ ....-........ ",""""",'" RENAISSANCE COMMONS PHASE n ... 11'1 8ALJ\ZI\R BOYNTON BEACH, FlORIDA , ~ k 111 ARCHITECTS & PLANNERS Cømpson AsoocWaofBoylllaon.LLC. ~. ._._-,-_..._--,~._,_.,---, "--_. ..-- EXHIBIT "B" ~ M¡ ./. ~ .. . D.. .. OJ C r 0 Z G> C- . EXHIBIT "B" J TU I -ti I j ¡ ~IT II M ' I I ~_ I ~ ' t' I ¡ ... ~Î ¡ o ' I = ~ i I , ~ i i I ! i ~ I ! I I aI C G ž Ci' '- , -'\.- .. . "...,.~-~-~,---,.._~.._.._,.,._. EXHIBIT "B" , ¡ -\- 1 I ~ M Ur ..a J'" e '" .. ~ m c r- 1:1 Z G> c.... ~ ¡IJ , i : 4-- EXHIBIT "B" I ~ ~t II ~ , . II .a J. 0.. .. I . . ~ -t ~I~ m ~ C r 0 Z G> <- .,....._...~ ._ '"_..~.__. a .._-_....---~._....,"".."._.--"~-- .. EXHIBIT "B" ..~ " NrJ m(()(}N(11Œ5SA~ ~... ~ ~ 'I " ~I ~I . ì . , . ~ : £' ;: .:::¡~ ,; ~ ~ i'¡ . @.(;)~ ~'" . ~(1¡ (\)¡¡j0\ ;:j i ~.... ~-~ ª :::¡ ~~I~ " ~I¡'l~ Renaíssance Commons f¡'I'I'f j~ ø II '" Ii I, Boynton Beach, Florida ~ EXHIBIT "B" ¡~: ~ ;:, ':::s~ ,; ~n; ~ '@~~ S¡~ J' 9.'" ~~O\ , ~'" ð'_~ ª :::s ~"If I! m~l~ Renaíssance Commons iHi '1If tf g ~ if f J!'''" II í J .g III m " Boynton Beach, Florida ~ '<"'_."-'~"" .. ,...,_..,~'."",,-~ "W·'~.___'.··_'_·_·_··__' ';"~"'_',.,,~_. EXHIBIT "B" ~~AW; L-. . ~ £' ;.: ~\J) ~ ~~~ " . ~.(;:)~ ¡¡¡~ . ~os (I¡¡¡ Q\ :::¡ . ~..... ifO)~ ª ~ ~~I~ II ¡ ~~r(~l~: Renaissance Commons ¡¡!PI'I i~ ~ III m Ii Boynton Beach, FlorJda II ~ I EXHIBIT "B'; Q . . . . . , . :'--~~-) ~ '£' ~ ;::j\t) ,,- ~~ ~ ~;)' - ¡::!¡j ~~ (I:)¡¡jCl . ::¡ . ~'" ð'_~ ª ;::j ij~l~ "mm Renaíssance Commons ¡frlll,,:ro ~ " Iql j& / I¡'- ¡ !i r I I .g ,I m Boynton Beach, Florida /I ~ "..-.---.. -~._-_.. - EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons Phase VI File number: COUS 04-008 Reference: 2nd review plans identified as a New Site Plan with a November 2. 2004 Planning and Zoning Department date stamp marking. . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: I. Prior to pennit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Article II, Section 10-26 (a). PUBLIC WORKS - Traffic Comments: 2. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) fiom Palm Beach County Traffic Engineering ENGINEERING DIVISION Comments: 3. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along Gateway and COllln-ess 4. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 5. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction nennit annlication. UTILITIES Comments: 6. Palm Beach County Health Department pennits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 7. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with COA 11/22/04 2 DEPARTMENTS INCLUDE REJECT 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 8. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application fonns or within seven (7) days of site plan approval, whichever occurs first. This fee will be detennined based upon final meter size, or expected demand. 9. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first pennanent meter is set. Note that setting of a pennanent water meter is a prerequisite to obtaining the Certificate of Occupancv. 10. A building pennit for this project shall not be issued unlil this Department has X approved the plans for the water and/or sewer improvements required to service this proiect, in accordance with the CODE, Section 26-15. II. Please provide a time line that clearly illustrates when water and sewer X services will be required to serve the proposed project. Your slarting date for the timeline should be the date of City Commission approval. Also, provide milestone dates for pennit application, the slart of construction, and the setting of the first water meter. This timeline will be used to detennine the adequacy of water and wastewater treatment capacity for your project upon its completion. Please be as accurate as possible. 12. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction pennit application. FIRE Comments: 13. At the time of pennitting, please update the master sign program to include X building addresses and subdivision identification signs. 14. At time of pennitting, all buildings shall include fire sprinkler systems in X accordance with NFP A 13 and / or 13R. IS. At time ofpennitting, all buildings six (6) stories or higher shall comply with X Ordinance 04-005. Further review for its applicability will be detennined at the time ofpennitting. -~~'..'- -~._.._..,' COA 11/22/04 3 DEPARTMENTS INCLUDE REJECT 16. Smoke scrubbers are required if an exhaust fan is proposed within 10 feet of a X window or other building opening. Further review for its applicability will be detennined at the time of permitting. POLICE Comments: None X BUILDING DIVISION Comments: 17. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at nermit review. 18. Indicate within the site data the type of construction of each building as X defined in 2001 FBC, Chanter 6. 19. Indicate within the sile data the occupancy type of each building as defined in X 2001 FBC, Chanter 3. 20. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 200 I FBC. 21. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2001 FBC, Table 600. Submit calculations that clearly reflect the percentage of protected and unnrotected wall openings nennitted ner 2001 FBC, Table 600. 22. Every exterior wall within 15 feet of a property line shall be equipped with X annroved onenin" nrotectives ner 2001 FBC, Section 705.1.1.2. 23. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be detennined by the provisions of ASCE 7, Chapter 6, and the provisions of 200 I FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of nermit annlication. 24. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 200 I FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psO on the plans for the building design. 25. Buildin"s three-stories or hi "her shall be eauinned with an automatic X COA 11/22/04 4 DEPARTMENTS INCLUDE REJECT sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of pennit application. 26. Add to all plan view drawings of the site a labeled symbol that represents Ihe X location and perimeter of the limits of construction proposed with the subject request. 27. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 28. As required by LDR, Chapter 4, Section 7, submit a floor plan drawing. The X building plans are not being reviewed for compliance with the applicable building codes. Therefore, add the words "Floor plan layout is conceptual" below the drawing titled Floor Plan found on sheets A-l7, A-18. However, add to the floor space drawing a labeled symbol that identifies the location of the handicap accessible entrance doors to each building. The location of Ihe doors shall match the location of the accessible entrance doors that are depicted on the site plan drawing. Submit floor plans for the commercial buildings (retail/office/storaºe), 29. At the time of permit review, submit details of reinforcement of walls for Ihe X future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requiremenl #6. All bathrooms within the covered dwellinº unit shall comnlv. 30. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications 10 the site data that address the following issues: a. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify Ihe base flood elevation. If there is no base flood elevation, indicate that on the plans. 31. As required by the CBBCO, Part III titled "Land Development Regulations", X submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the buildings. The leading edge of the buildings begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sides. 32. To properly detennine the impact fees that will be assessed for the one-story X clubhouse, provide the following: a. Will the clubhouse be restricted to the residents of the entire project only'! b. Will the residents have to cross any major roads or thoroughfares 10 get to the clubhouse'! c. Will there be any additional deliveries to the site'! d. Will there be any additional employees to maintain and provide service to the site'! ,." ··_..._~",.,,_~~~_~h~' COA 11/22/04 5 DEPARTMENTS INCLUDE REJECT Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the clubhouse. 33. Add to the floor plan drawing of the clubhouse a breakdown of the floor area. X The area breakdown shall specifY the total area of the building, covered area outside, covered area at the entrances, tolal floor area dedicated for the clubhouse and other uses located within the building. Specify the total floor area that is air-conditioned. Label the use of all rooms and floor spaces. 34. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available 35. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216 36. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 37. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 38. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. COA 11/22/04 6 DEPARTMENTS INCLUDE REJECT d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(1)) 39. Add to Ihe site data the total area under roof of each residential building. X Provide tabular area data for each floor of each building. The breakdown shalJ include the following areas and each area shall be labeled on Ihe applicable floor plan drawing: a. Common area covered walkways; a. Covered stairways; b. Common area balconies; c. Entrance area outside of a unit; d. Storage areas (not part of a unit); e. Garages (not part of a unit); f. Elevator room; g. Electrical room; h. Mechanical room; l. Trash room; ]. Mailbox pickup and delivery area; and k. Any oIher area under roof. (Chanter 4 - Site Plan Review, Section 7.E.2 and 3) 40. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with Ihe requirements ofF.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following infonnation must be submitted at Ihe time of penn it application: a. The structural inspection plan must be submitted to Ihe enforcing agency prior to Ihe issuance of a building permit for Ihe construction of a threshold building. b. All shoring and re-shoring procedures, plans and details shalJ be submitted. c. All plans for the building Ihat are required to be signed and sealed by Ihe architect or engineers of record shall contain a statement that, to the best of Ihe architect's or engineer's knowledge, the plans and specifications comply wiIh the applicable fire safety standards as determined by the local auIhority in accordance wiIh this section and F.S. Section 633. PARKS AND RECREATION Comments: 41. 348 multi-family units @ 656 ea = $228,288 X The fee is due at the time of the first building permit for this nhase. ..._.,_·__.._.__~_e._'.._,u,..___' ..-..,.,._,~...",",=-"."..~..,.~...-.,.". COA 11/22/04 7 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 42. This project requires conditional use approval rrom the Planning & X Development Board and City Commission. If approved, staff recommends Ihat a period of one (I) year be allowed to initiate this project (obtain a building pennit). 43. Based on the proposed uses and respective building areas, the entire Phase VI X project would require 2,001 parking spaces. However, only 1,804 spaces would be provided, a deficiency of 197 parking spaces. This should be labeled as such on the cover sheet and master plan tabular data. The number of seats for the restaurant is limited to 1,231 seats, which in turn, is based upon the gross floor area of the restaurant space. The applicant may submit a shared parking analysis, which would be reviewed at the time of pennitting. The City may issue no building pennits until the number of required parking spaces is provided, the City approves the shared parking analysis, or relief is granted. 44. The project has school concurrency approval for 1,700 units but Ihere is an X inconsistency between the type and number of units between the School District's approval letter and the proposed master plan's tabular data (townhouses versus condominium). This is a minor inconsistency, so therefore, at the time of pennit review, the applicant will be required to submit an updated School Concurrency approval letter that is consistent with the number and types of dwelling units, approved through Phases One through Six. 45. At the time of pennitting, provide detail drawings of the entry wall and sign, X gazebos, trellis structure, fountains and clock tower. Staff recommends installing a considerably more substantial structure at the entry drive off of Gatewav Boulevard. 46. The square footages for Building "L" do not match between Sheet SP-I and X Sheet A-7. Please make sure the square footages match for all building floor plans versus the site plan and site data, and that the parking calculations accurately correspond. 47. Bicycle racks should be placed appropriately throughout the site. X 48. The plans indicate "storage" as a potential use. However, self-storage uses X require conditional use approval. COA 11/22/04 8 DEPARTMENTS INCLUDE REJECT 49. Abandonment and rededication of easements musl be recorded prior to X issuance of a building permit for the Droiect. 50. The traffic equivalency determination must be approved by the Palm Beach X County Traffic Division for concurrency purposes prior to the issuance of any building Dermits (ChaDter 4. Section 8.F.). 51. The usable open space plan shows that 4.55 acres would set aside as usable X open space. However, there are certain elements of the design, such as terminal and landscaped parking islands that cannot be counted towards usable open space. After discussing the pervious and impervious surfaces of the plan, staff believes that the project still complies with code because at least 3.62 acres of land would be set aside for usable open space. Therefore, at the time of permitting, the applicant would be required to revise the plan to accurately show the usable open space in order to comply with Chapter 2, Section 6.G.4 of the Land Develonment Re<mlations. 52. Since the total number of seats for the restaurants is undetermined at this X time, the parking methodology would be based on Ihe gross floor area (49,240 Sl1uare feet), which would limit the Droiect to 1,231 seats. 53. At the time of permitting, on the site plan tabular data (sheet SP-l), indicate X the proposed floor-area-ratio (excluding the garages) to ensure compliance with Chanter 2, Section 6.G.4. 54. All elevation pages shall indicate the exterior finish, paint manufacturer's X name, and color codes (Chapter 4, Section 7.D.). 55. All outdoor rreestanding monument signs shall be located at least 10 feet X rrom the property line. If proposed near the spine road, then it must be located at least rrom the outside of the curb along the spine road and access road 56. At the time of permitting, indicate by note that there will be no provision for X outdoor patios, concrete Datios, screen enclosures, or solid-roof enclosures. 57. On the landscape plan (sheet L2 of 6), the dimension of width of the X landscape buffer along Congress A venue and Gateway Boulevard must be at least 25 feet in width. No vehicular encroachment may occur within these buffers (Chapter 7.5, Article II, Section 3. Revise the Cross-Section of the Congress A venue buffer (on sheet L6 of 6) to show the above reauirement. 58. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Shade trees, Palm trees, Shrubs & Groundcover. On the landscape plan (1..6 of 6), indicate the total l1uantities for all DroDosed native nlant material. _ ..' _ _'_"~__"'_M___'.'__ _ "_~..o.o~._ COA 11/22/04 9 DEPARTMENTS INCLUDE REJECT 59. A bus stop and shelter should be depicted on Gateway Boulevard. Its location X should be coordinated with Palm Tran and its design should reflect the architecture and materials used on adjacent buildings, not the standard Palm Tran shelter. 60. Where possible, staff recommends the use of stone balustrades on the west X elevation of Building "J" (sheet A-10) in the same manner that they are used on the east elevation of Building "L" (sheet A-16). 61. Staff recommends adding extra trees and plant material with the landscape X buffers in order to help screen the parking garage openings of Buildings "K" and "L" from Congress Avenue. This can be accomplished, in part, by adding more trees to the public park in Phase III of Renaissance Commons. 62. The sign program, which includes the monument signs and all wall signage, X would require Planning & Development and City Commission review and approval. No sign pernrits may be issued until the City approves the sign program. 63. Staff recommends installing a more decorative monument "one way" sign X within the traffic circle as opposed to the standard mount. 64. Staff recommends installing a fountain feature in the center of the Phase X Three park. 65. Staff recommends adding benches within the 25-foot wide landscape buffers X adjacent to the Congress Avenue and Gateway Bouevard, where possible, taking into consideration the nronosed grading of the buffer. 66. Staff recommends installing the Royal Palm trees at 22 feet of gray wood X along the south façade of Building "J" instead of the proposed 12 feet (of gray wood). 67. Staff recommends using another variety of tree (such as Pigeon Plum or X Dahoon Holly) in the parking lot other than Seagrape due to the leaf drop and messy nature. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 68. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 69. To be deternrined. MWRlelj S:\Planning\SHAREO\WP\PROJECTS\Renaissance Commons\Site Plans\Phase VI COUS 04-008\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Renaissance Commons Phase VI APPLICANT'S AGENT: Mr. James Comparato and Mr. Carl E. Klepper AGENT'S ADDRESS: 980 North Federal Highway, Suite 200 Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 7,2004 TYPE OF RELIEF SOUGHT: Request conditional use I new site plan approval for the construction four buiidings between 55 feet in height and 75 feet in height, pursuant to Chapter 2. Zoning, Section 6.H (SMU - Suburban Mixed Use Zoning District). The four buildings consist of a six (6)-story building proposed at 75 feet in height. a five (5)-story building proposed at 75 feet in height, a four (4)-story building proposed at 70 feet in height, and a three (3)-story building proposed at 75 feet in height. The project proposes a total of 348 multi-family dwelling units, 58,645 square feet of retail, 49.240 square feet of restaurant, and 176,097 square feet of office. All buildings are proposed on an 18.126-acre portion of the 86-acre project known as Renaissance Commons zoned Suburban Mixed- Use (SMU). LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning & Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the reiief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S,IPJanning\SHAREDIWP\PROJECTS\Renafssance Commons\SilC PlanslPha!;c VI COUS 04-008\DO.doc . ._-"~.._-~._--'"_... IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetine Dates in to City Clerk's Office Meetioll Dates in to City Clerk's Office [8J December 7, 2004 November 15, 2004 (Noon.) o February I. 2005 January 17, 2005 (Noon) 0 December 21,2004 December 6, 2004 (Noon) o February 15,2005 January 31, 2005 (Noon) o January 4, 2005 December 20,2004 (Noon) o March 1,2005 February 14,2005 (Noon) o January 18.2005 January 3, 2005 (Noon) o March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation [2:] City Manager's Report RECOMMENDATION: Review City Manager Performance and Completion of objectives set August 2003 EXPLANATION: City Manager started with the City in April 2000 and has had an annual evaluation based on performance. This is a review of the completion of the objectives set by the City Commission in August 2003, additional projects and related performance areas. PROGRAM IMPACT: Originally, the City Commission approved 50 objectives for the City Manager to work on, An additional 12 major projects were added based on input ITom the City Commission during the current calendar year. These objectives relate to a wide-variety of programs and activities divided into the following functional areas: Strategic Planning (4 Objectives) Financial Planning (5 Objectives) Community Development (4 Objectives) Public Safety (5 Objectives) InITastructure Planning and Implementation (\ 3 Objectives) Staff Development (5 Objectives) Service Delivery (10 Objectives) Other (4 Objectives) New Items Added 2004 (12 Objectives) FISCAL IMPACT: Impact is based on results of City Commission's review and any compensation/benefit changes approved. ALTERNATIVES: Do not proceed with performance review at this time. ~ ""'~~ H<oo', ';,,~re ~.:,t,;,"_ S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Name City Attorney I Finance I Human Resources S:IBULLETINlFORMSIAGENDA ITEM REQUEST FORM. DOC · City Manager Objectives for 2003-04 The following are projects that were identified by the City Manager or the City Commission for the City Manager, City Commission and Staff during the past fiscal year. This list includes amendments following City Commission meeting of August 5, 2003, input from City Commission and discussion oflist with City Management Leadership Team on August 8, 2003. This list was presented to the City Commission at the Commission meeting of August 19,2003. The list was updated November 2003, October 2004 and November 2004. Focus Area: Strategic Planning 1. Work with the City Commission to develop and define the most important strategic issues and direction that staff can be working on during this term. (Source: City Commission, City Manager) Status November 2003: On hold until after November 2003 election. Status November 2004: Following the retreat with the City Commission in February 2004, the Strategic Plan was completed and presented to Commission June 2004. The implementation plan was included in 2004-05 Budget. 2. Implement Citizen Surveyor appropriate alternative instrument to assess citizen needs, opinions and satisfaction with City. (Source: City Commission, City Manager) Status November 2003: Pending re-review of project by Commission. Commission rejected staff recommendation on survey in 2002. Project is being re-formatted for re-submission. Commission needs to advise City Manager if this project is to move forward. Status November 2004: This project is on hold pending review of program by City Commission. We need to ascertain interest level by City Commission to do this project or not. 3. Benchmarking Project for Budget and streamlining City operations to reduce costs and improve efficiencies. This relates to the Program Evaluation Project. (Source: City Commission, City Manager) Status November 2003: Phase-one completed. 634 programs identified and evaluated. Status November 2004: See above. City Manager Objectives 2003-04 ~ Status Report November 2004 Page I 4. Continue with City staff vision, mission, and values process. Determine interest in City Commission level process. (Source: City Manager) Status November 2003: Proposed values sent to Commission for review. The Commission did not approve this item. Need to detennine ifthere is interest in proceeding with this project or if the strategic plan is priority. Status November 2004: Staff Core Values of "Diversity, Integrity, Stewardship and Creativity" have been approved and are being incorporated into the day-to-say operations of the City. City Commission has approved strategic plan (June 2004) and is implementing. Focus Area: Financial Planning 5. Continue with implementation of five-year financial plan and capital improvement plan for City. Proceed with bonding of capital improvements, as directed by the City Commission. (Source: City Commission, City Manager) Status November 2003: Completed. City Commission will detennine final bonding levels. Status November 2004: Commission reviewed CIP program and selected priority projects using non-referendum bonds. The City Manager was able to develop funding alternatives that allowed a new project list to be approved without a tax increase. The Commission authorized bond issue with use of Public Service Tax as back up on debt service. City concluded sale of bonds before interest rates increased saving the City expenses. Bonds closed in late June. The bond yield at closing was 3.76% saving the City in excess of $400,000 in debt service if the closing had been delayed four weeks. The City Manager worked with Bond Counsel and the Finance Director to expedite the bond sale, knowing that interest rates (and costs to the City) would rise. Work proceeds on selected projects. 6. Develop Long-Range Funding/Revenue Profile for City to reduce dependence on Property Tax. (Source: City Commission, City Manager) Status November 2003: Discussion with City Commission is needed to detennine support for alternative revenue sources. Status November 2004: Included this in the Commission approved strategic plan, June 2004. Project will proceed in 2004-05 with assistance of new Finance Director. 7. Prepare Financial Plan with eventual goal of an operating tax rate of7.0%. The 2003 rate was 7.6%. Continue with productivity improvement project with a goal of reducing overall city staffing levels to range of850-800. (Source: City Commission) Status November 2003: Tax rate was reduced to 7.5%. Staffing levels and costs expected to be reduced with early retirement program. City Manager Objectives 2003-04 - Status Report November 2004 Page 2 . ._·'._~..'~._..'m.·_.'.'_...___..__._'.. Status November 2004: Tax rate retained at 7.5% based on Commission's review of 2004-05 Budget. Included this in the Commission approved strategic plan, June 2004. Project will proceed in 2004-05 with assistance of new Finance Director. 8. Continue with implementation of 5-Year Financial Plan, and develop long-range funding and revenue profile. (Prefer a 10-15 year projection). (Source: City Commission, City Manager) Status November 2003: Similar to #5 and #6 above. Status November 2004: This is a worthwhile project to develop as a stand-alone activity in 2005-06 based on financial models in other jurisdictions. A longer-range financial plan, incorporating the impact of development in the CRA and Congress A venue would be helpful in better ascertaining when and how capital improvements can be funded. We will need to develop a strategy to fund Fire Department Operations at the end of the Fire Assessment in 2007. 9. Review the sanitation rate structure and ew]luate expansion of the automated residential refuse collection into single-family neighborhoods where this service is not provided. (Source: City Manager) Status November 2003: Expect review first quarter 2004. Status November 2004: Completed. City Commission adopted ordinance in July 2004 after staff re-worked proposal. Focus Area: Community Development 10. Proceed with implementation of "Heart of Boynton" including commercial, residential, recreational and cultural components. (Source: City Commission, City Manager) Status November 2003: CRA has authorized purchase of west 1/3 area ofMLK. Five neighborhood associations created and operating. Status November 2004: City involvement is pending approval of 108 Loan program from HUD. The City may need to consider an alternative plan for this area if the 108 Program is delayed further. The impact of the delay is two-fold. First, funds for the debt service come from CDBG funds. If the 108 Loan Program is delayed another year, these funds will need to be re- programmed back into the CDBG program. Second, the City's credibility is on the line as we have sent letters to residents in the acquisition area advising them of the project. The City Commission may wish to direct staff to develop an alternative strategy for re-development of this area using a blend of a private sector and public sector approach. City Manager Objectives 2003-04 - Status Report November 2004 Page 3 II. Refine our economic development program in cooperation with Palm Beach County Business Development Board, CRA and other business alliances. (Source: City Manager) Status November 2003: Discussion with Commission and CRA needed on this program. Status November 2004: This is included as a project in the Commission's Strategic Plan. The strategic plan overview contained examples of two excellent case studies obtained by the City Manager for possible use in Boynton Beach. Staff has the actual source documents. 12. Upgrade City Park Master Plan based on results of 2002 Recreation Needs Study. This is a carry-over from 2002. The staff presented an update at the City Commission meeting of August 5, 2003. (Source: City Commission, City Manager) - Revised 8/8/03 Status November 2003: Meetings between staff and Recreation and Parks Board held on project scope with consultant. Status November 2004: Project is underway, consultant working with Commission, staff, Recreation and Parks Board. 13. Complete development process analysis with recommendation to City Commission for code changes. This work includes, zoning, building and planning code changes. Thefirst draft of the new Land Development Regulations has been completed. Also complete review of Mixed Use Regulations for possible revisions and modifications. (Source: City Commission, City Manager) Status November 2003: LDR Amendments underway with consultant. Briefing with Commission recommended as soon as possible. Staff completing review of mixed use regulations after a one-year period. Staff has prepared draft of "Suburban Mixed Use" classification for consideration of Commission in non-Federal Highway corridor areas of City. Status November 2004: Work continues on LDR. Suburban Mixed Use classification completed for non-Federal Highway areas. Revamp of Mixed Use High and Low completed and IPUD regulations revised and approved in cooperation with INCA and other parties. City Manager Objectives 2003-04 - Status Report November 2004 Page 4 Focus Area: Public Safety 14. Complete three new fire stations in the SE, NE and SW Quadrants of the City, It is anticipated that the Fire Station at City Hall will need to be "mothballed" for future activation when the redevelopment of the central area of Boynton Beach is underway. An advanced life support (ALS) engine company or a medic unit would be stationed at the old fire station to provide faster response time to the core area of the City. This project has been delayed by land purchase negotiations and litigation. (Source: City Commission, City Manager) Status November 2003: Station #4 (SE) and Station #2 (SW) land secured. Stations in design stage with construction expected to start in early 2004. Staff continues to seek land for relocated station #1 (NE). Discussions with Ocean Ridge will potentially have an impact on the location and function of a CBD station. Status November 2004: Land purchased for NE Fire Station at Gateway and High Ridge. Construction of Station #4 on South Federal Highway is underway, Redesign (smaller station) for Station #2 on Woolbright is being completed by staff owing to shift of headquarters station to the Gateway/High Ridge parcel. The headquarter station should include a revamped EOC as the current EOC at East Water Plant is not satisfactory in a Category 3 or higher hurricane. One significant aspect of the NE Fire Station site is that it will allow the City to service the new development along Congress Avenue by including room for an additional engine company and medic unit in the new station, Given the changes in the development patterns on the Congress A venue corridor, staff viewed this parcel as an ideal location for a dual area response fire station, 15. Improve public safety response time by initiating and completing citywide address and property identification program, The program has been developed and is being coordinated by GIS, Fire and Code Compliance. The program will be completed in 2003-04. (Source: City Manager) Status November 2003: Underway. Status November 2004: Program has been implemented and we are working with business community and homeowner associations to get word out. 16. Fire Department Accreditation (On-going process that will eventually require input and assistance from other departments). Note - funding for this program was cut from 2003-04 Budget. Staff will work on but at a slower pace with in-house resources, (Source: City Manager) - Revised 8/8/03 Status November 2003: On-going with probable completion in late 2004, subject to budget funding in 2004-05, Status November 2004: Same as above. City Manager Objectives 2003-04 - Status Report November 2004 Page 5 17. Work with the Police Department for continued and improved community outreach on behalf of and for the minority community of Boynton Beach. (Source: City Commission, City Manager) - added 8/6/03 Status November 2003: Program will need focus. Suggest discussions with Community Relations Board or discussion circle approach facilitated by outside group. Status November 2004: Individual effort by personnel of the Police Department noted, mainly in the area of youth programs in minority community. Regarding community outreach, our Explorer Post continues to be one of the most successful in the state, with the majority of the participants being in a minority status. Our PAL program serves over 500 children from the area, and they have won numerous first, second, and third place trophies in virtually every age group in their basketball and football programs. This program also is made up primarily of minority participants. Over the past year, our zone officers have made visits to a number of day care centers and schools, building dialogue and relationships with the staff and students. One of the specific goals given to the four new CRA Officers is to specifically build relationships in the schools and day centers in their respective areas of assignment. In this new fiscal year, Officers will submit after-action reports following each of their visits. While the Boynton Beach High School is not technically our area of responsibility, we have worked closely with the School Board Police to provide extra coverage for them at their peak hours and after-school events. 18. Complete Police Department Re-Accreditation in July 2004. (Source: City Manager) ~ added 8/6/03 Status November 2003: On schedule. Status November 2004: Completed. City received re-accreditation award for Florida and its first accreditation nationally on October 6, 2004. City Manager Objectives 2003-04 - Status Report November 2004 Page 6 Focus Area: Infrastructure Planning and Implementation 19. Develop five-year street maintenance and sidewalk construction program. Sidewalk program should be tied to school walk routes and proximity to high pedestrian activity. (Source: City Manager) Status November 2003: Inventory of streets completed. Status November 2004: Engineering staff has completed the field assessment of all streets in the City. Last year was the first year that the preventative surface maintenance program was in place when $235,000 was allocated to Microsurfacing. Staff continues to revise the roadway plan to identifY those streets that will be completed this year and in future years. The Engineering Division in Public Works is currently seeking a new engineer to replace a staff engineer that resigned last March. Numerous recruitments have yielded no qualified candidates. The Sidewalk program is in a similar situation as the roadway maintenance program. Staff engineering vacancies are causing certain fieldwork to be limited. Last year, City staff spent time working with the Nautica Sound Homeowner's Association to provide a sidewalk system to assist grade school children walking to Freedom Shores Elementary. Ultimately, after completion of design and construction documents, the Nautica Sound Homeowners Association determined that they did not want the sidewalk constructed because they would have to change internal pedestrian movements. Some homeowners did not want this. Staff is now evaluating sidewalk on SW 27th Avenue and a portion ofSW 14th St. for grade school children walking to Cross Pointe Elementary. The pedestrian movements in this neighborhood have changed considerably since the construction of this new school. Sidewalk construction in future years is still being determined. 20. Commence design work for new Library based on City Commission authorization to proceed and receipt of state $500,000 planning grant. The Commission approved the project in April 2003. Matter is on ballot for referendum for November 2003. (Source: City Commission, City Manager) Status November 2003: Based on referendum results of 11/4/03, discussion with Commission on this project is needed. Status November 2004: Library design completed, bids taken and Commission awarded bid on September 21, 2004. Groundbreaking was in November 2004. 21. Commence design work for SW Community Center as authorized by City Commission. (Source: City Manager) Status November 2003: Preliminary design work underway. Based on referendum results of 11/4/03, discussion with Commission on this project is needed. Status November 2004: Revamped program ideas discussed with Commission including realignment of Tennis Center and possible alternative recreation facility (play ground) for parcel. City Manager Objectives 2003-04 - Status Report November 2004 Page 7 22. Assumingfavorable approval by referendum in November 2003, commence design for Senior Citizen Center Upgrade. (Source: City Manager) Status November 2003: Based on referendum results of 11/4/03, discussion with Commission on this project is needed. Status November 2004: Phase II of Senior Center completed and facility has opened. Future work is pending funding and Commission discussion of priorities. 23. Assumingfavorable approval by referendum in November 2003, commence designfor Art Center Upgrade. (Source: City Manager) Status November 2003: Based on referendum results of 1114/03, discussion with Commission on this project is needed. Status November 2004: Project was not included in final Commission approval. Facility is being reviewed as part of Town Square design project. 24. Assumingfavorable approval by referendum in November 2003, commence design for Municipal Pool at Wilson Park. (Source: City Manager) Status November 2003: Based on referendum results of 1114/03, discussion with Commission on this project is needed. Status November 2004: City Commission approved project with alternative bond issue funds. Campus Design completed by Kimley Horn. Decision at to conventional design bid construct as opposed to design-build option being reviewed by staff. Enabling legislation to authorize design build projects presented to and approved by City Commission. 25. Complete the construction of Wilson Center and Wilson Park improvements. (Source: City Manager) Status November 2003: Design work underway. Intralocal agreement with County needs to be finalized for funding. Based on referendum results of 11/4/03, discussion with Commission on this project is needed. Status November 2004: See above, Intralocal agreement has been approved with County. See comments above regarding campus design by Kimley-Horn. Land acquisition is also progressing for the parcels needed to square off the campus. 26. Complete the purchase of Jaycee Park property from Florida Inland Navigation District. (Source: City Manager) Status November 2003: Preliminary design work prepared and presented to County for review. Based on referendum results of 11/4/03, discussion with Commission on this project is needed. City Manager Objectives 2003-04 - Status Report November 2004 Page 8 Status November 2004: the City has purchased Property. City will receive grant of$I.7 M from State for park development. In addition, City staff developed a unique mangrove mitigation program to assist the CRA and Marina development. This serves as an income stream for the City to provide funds for park development. 27. Complete the development of the Nautica Park project in cooperation with the Nautica Homeowner's Association and Palm Beach County. (Source: City Manager) Status November 2003: Preliminary design work presented and approved by Nautica HOA. Awaiting word from County. Based on referendum results of 11/4/03, discussion with Commission on this project is needed. Status November 2004: Commission has approved project as a go ahead. Staff is finalizing the intralocal agreement with County. There are still some engineering details on the project that need to be worked out. 28. Complete operational space needs analysis and presentation of options for City Commission review. (Source: City Manager) Status November 2003: Will present analysis of consultant to City Commission late 2003 or early 2004. Status November 2004: Consultant's review completed. Need to schedule review with Commission. In the meantime, the data from the report is assisting the City staff Capital Improvement Project Team. 29. Finalize Phase I of Bikeway and Greenway Plan. (Source: City Commission and City Manager) Status November 2003: Preliminary plan completed. Based on referendum results of 11/4/03, discussion with Commission on this project is needed. Status November 2004: Phase I has been completed and conceptually approved by the Commission. 30. Outline drainage improvement projects for City with priorities established and identification of needed storm water detention sites. (Source: City Commission) Status November 2003: Updated schedule needs to be prepared with discussion of major projects completed and those in design. Suggest workshop with City Commission to discuss results achieved and goals of program. City Manager Objectives 2003-04 - Status Report November 2004 Page 9 Status November 2004: This project is on hold pending new Utility Director. That said the storm water facilities constructed since 1999 performed flawlessly in Hurricane Frances. We need to review the long-term storm drainage project list and determine if the Storm Water Fee can be further reduced from $5.00. 31. Complete Utility planning work for service to unincorporated areas in anticipation of possible annexation, ifwarranted. This is being handled on a case-by-case basis and a systematic approach is needed. A priority area is South Federal Highway. However, re- development issues along Federal Highway diverted the stafffrom this project temporarily. (Source: City Manager) - revised 8/6/03 Status November 2003: Pending. Status November 2004: This is on hold pending new Utility Director. Focus Area: Staff Development 32. Increase recruitment and promotional opportunities for minorities and women in the City organization. Efforts continue, especially in the Police Department. (Source: City Manager) - revised 8/8/03. Status November 2003: Discussed with Police Chief, November 2003. Good progress with recruitment and promotion of women in the department. Effort underway for minority recruitment. Still need to discuss overall plan with HR Director. Status November 2004: Police Department Hiring Statistics - October I, 2003 - September 30, 2004 Non-sworn Personnel Ten personnel were hired, nine of who are female, one of who is African American. Sworn Personnel A total of 14 sworn personnel were hired, 2 of who are female (14%), 6 of who are Afiican American (43%), 2 of who are Hispanic (14%). 33. Improve the effectiveness of front-line supervisors. (Source: City Manager) Status November 2003: Training for performance evaluation completed for supervisory staff. Training profiles for each supervisor are being prepared. City Manager Objectives 2003-04 - Status Report November 2004 Page 10 Status November 2004: Work continues on performance-based results. Response by first-line supervisors in Hurricane Frances and Jeanne, for example, was excellent with a good deal of self-initiated activity, and sound field decisions. In essence, this was a real life example of how the training and values process has evolved. 34. Position Boynton Beach as an organization with competitive salaries and benefits. (Source: City Manager) - Revised 8/6/03 Status November 2003: Pay ranges adjusted August 2003, approved by City Commission. Status November 2004: New position and classification study part of 2004-05 Budget. The City Commission will be asked to determine where in the region, Boynton Beach should be placed in terms of salary and benefits for employees. 35. Complete "leaving a legacy" staff planning project to identifj; and train the next generation of supervisors. There will be a number of department and divisional retirements in the next three to five years. A staff team has been established and has been analyzing department impacts; training needs and anticipated departures of staff (Source: City Manager) Status November 2003: Pending. With Early Retirement Incentive Program (ERIP) approved, this becomes an important project to retain staff capacities. Status November 2004: This project has been delayed due to other priorities. 36. Personal career development and training per ICMA guidelines for City Managers. (Source: City Manager) Status November 2003: CM to be credentialed by ICMA, November 2003. This requires on- going training. Status November 2004: City Manager received national credentialing. Focus Area: Service Delivery 37. Enhance relationships with key community organizations for possible joint ventures through public-private partnerships. (Source: City Manager) Status November 2003: Ongoing. Target agencies include United Way, Chamber and YMCA. Status November 2004: On hold, 38. Reduce size of City fleet to save costs. The inventory of fleet use has been completed. (Source: City Manager) Status November 2003: Underway. Possible impact bargaining needed with reduction of fleet. City Manager Objectives 2003-04 - Status Report November 2004 Page IJ Status November 2004: On hold. 39. Incorporate Utility computer network into City computer network to save cost and improve efficiencies. The flrst stage of the project has been completed with shared servers installed. (Source: City Manager) Status November 2003: Remote back-up system tested and verified. Status November 2004: Migration continues. Final completion must wait hiring of new Utility Director. 40. Continue to emphasize code compliance with parties who cooperate with the City and demonstrate progress in addressing property condition issues. (Source: City Commission) Status November 2003: On-going. We do need representation of minority community on Code Compliance Board. Several persons recruited and have submitted applications. Status November 2004: See above. We need geographic diversity on Code Compliance Board also. Citizen commentary indicates that progress is being made as to appearance of community. 41. Improve appearance of City corridors and exits/entries from 1-95.. (Source: City Commission) Status November 2003: Ongoing discussions with FDOT. This is a very difficult project to proceed with because of budget cutbacks at state level. This may have to be handled with local resources even though the ramps are on state rights of way. Status November 2004: Same as above. 42. Better utilization of City radio station to include informational items about City events, possible broadcast of meetings etc. (Source: City Commission) Status November 2003: Radio station back up and operating after lightning hit. Still need to work with staff for better use. Status November 2004: Radio station AM1670 "came into its own" during Hurricane Frances. This was an excellent test for the system. The challenge will be to keep using the station for updates and information about the City. 43. Re-evaluate Neighborhood Services program to reflect a different approach and involvement by members of the City Commission. (Source: City Commission, City Manager) Status November 2003: Need to review with Commission. Status November 2004: Same as above. Press of other activities has not allowed this evaluation project to move forward. City Manager Objectives 2003-04 - Status Report November 2004 Page 12 ~~~.~-~"~-'"~...~...,._..._._-''". -, 44. Review and modifý City purchasing and contracting procedures to include policy recommendation for a more formalized local business preference and minority/WBE selection. . (Source: City Commission) Status November 2003: Presentation made to City Commission in June 2003. Working on policy recommendation. Status November 2004: This needs to be finalized with new Finance Director and new Purchasing Manager. 45. Continue to market the use of the Senior Citizen Center for all seniors. Past utilization by minorities has lagged. (Source: City Commission) Status November 2003: On-going. Status November 2004: This has improved with greater participation at the Center. Staff needs to keep on this. Community discussions on topic are ongoing. 46. Proceed with Parks and Recreation Accreditation Program under auspices of program administered by the Commission for Accreditation of Park and Recreation Agencies. (Source: City Manager) - added 8/8/03. Status November 2003: Underway. Status November 2004: The Recreation & Parks Department made the initial application for agency accreditation in February 2004. We have two years from this date to complete the self- assessment, consisting of 156 standards, and fonnally apply for accreditation. Staff fonned a Planning Team, consisting of9 members, with a representative from each of the department's divisionslsections, and began bimonthly meetings in February. To date, staffs has completed the evidence of compliance for 43 standards (28%), are in the process of completing for 30 standards (19%) and anticipate that another 20 (13%) will be completed in conjunction with the comprehensivelstrategic plan project. One of the FY 04-05 goals is to complete 50% of the self- assessment by September 2005; staff is on track to meet or exceed this goal. Staff plans to apply for fonnal accreditation in January or February 2006. In addition to simply providing evidence of compliance for the standards, this process has already resulted in progress and improvements within the department: * The creation of the Planning Team has allowed for greater employee input into the operations and administration of the department. * Staff has created a comprehensive new employee orientation program. * Staff is in the process of developing an administrative procedures manual for the department. * Staff has placed many of the practices, processes and procedures into writing, which will result in more efficient and effective operations. City Manager Objectives 2003-04 ~ Status Report November 2004 Page ] 3 * Staff has improved internal inventory procedures for better tracking and replacement budgeting. Focus Area: Other 47. Complete an ethics ordinance, procedure or guiding principals resolution for elected and appointed officials. (Source: City Commission) -Revised 8/6/03 Status November 2003: City Commission declined to adopt resolution establishing procedures and guidelines. Status November 2004: Same as above. 48. Proceed with operation of Woman 's Club, ifpolicy direction of City Commission is granted. The draft lease agreement has been completed and will be presented to the City Commission in June 2003. (Source: City Commission, City Manager) Status November 2003: Awaiting structural analysis of building before finalizing lease. Status November 2004: Architectural study completed. Matter is on City Commission's future agenda. 49. Improve Press/Media coverage of City with proactive and balanced views. Communicate the role and accomplishments of the Commission and staff (Source: City Manager) Status November 2003: Needs attention by staff. Status November 2004: Good progress by staff. Need to continue to coordinate work of Public Affairs with Police and Fire Public Information personnel. 50. Prepare outline for possible application for "All American City" award by the National Civic League. (Source: City Commission) Status November 2003: No activity due to press of other activities. Status November 2004: Same as above. City Manager Objectives 2003-04 ~ Status Report November 2004 Page 14 ."- -..---..--.--..-.... , .~_,_~,___A"~M"""~,...·_ _.<d .....~,~..~.-,. .,".".....,."".. Focus Area: Additional Items not on List from 2003-04 The following are additional projects taken on by the City Manager above and beyond the stated objectives listed above and approved by the Commission in 2003. In some cases, these were new initiatives due to changing priorities and the due to the approval of the City Commission Strategic Plan in June 2004. The City Manager took the initiative and started on these projects. Review and revision to Utility Capital Improvement Program - Water Plant Upgrades Status November 2004: Facing a major capital expansion of the both the East and West Water Treatment Plants, the City Manager prepared a detailed report and recommendation on alternatives to the original plan. This included obtaining an important interim water purchase arrangement with Palm Beach County Utilities for up to 5 million gallons a day for four years at a very favorable rate. The staff will present the final draft of the agreement to the Commission in late November or early December 2004. The interim agreement allows the City to proceed with development in the core CBD area and along Congress Avenue while the water plant improvements are constructed. In addition, staff will be analyzing the feasibility of abandoning the West Water Plant Improvement in favor of a long-tenn water purchase contract with the County. The City hired Brown and Caldwell, as interim Utility Director. The finn is assisting the City Manager and City Commission review the water expansion alternatives available. This has been an extensive project. The following is a summary of other Utility projects underway: West Water Treatment Plant RPP - Staff is completing the RFP for plant improvements necessary whether or not the plant is expanded. SFWMD Consumptive Use Pennit - Staff has met with SFWMD staff to apprise them of possible changes in the City's construction priorities and possible purchase of water ITom the County. In addition, City staff has briefed SFWMD on the East Plant LPRO improvements and have received preliminary support for an extension of the deadline to reduce the use of East Plant shallow water. Fire-Rescue Level of Service Issues Status November 2004: In late 2003, the City Manager was asked by the Palm Beach County League of Cities to assist a special committee established by the League to review a proposal by the County to consolidate fire-rescue services via a standard level of service program. The work of this committee yielded positive results as the Board of County Commissioners (BCC) agreed that a voluntary level of service program should be deployed as opposed to a mandated system. The BCC established a Level of Service Committee and the League of Cities nominated the City Manager to be appointed to the Committee. The City Manager serves as Vice-Chair of the Level of Service Committee and is Chair of the Communications Sub-Committee. This involved a great deal of time in early to mid-2004. The results to date have been a positive and beneficial intergovernmental endeavor. City Manager Objectives 2003-04 - Status Report November 2004 Page 15 "Manager of the Year" - Palm Beach County League of Cities Status November 2004: Related to the above, in July 2004 the City Manager was designated, along with the City Manager of Palm Springs as "Manager of the Year" by the Palm Beach County League of Cities. This was in recognition of the work done on behalf of the League of Cities for the Fire-Rescue Level of Service project. In addition to this work, the City Manager serves on the League's Legislative Committee. Town Square Project Status November 2004: The City and CRA received a report from a consultant for the master plan of the Town Square Project area. This is the 30-acre area adjacent to City Hall and includes the Children's' Museum, Library, Old City Hall, Civic Center, Madsen Center and Art Center. The report was a preliminary "campus plan" that will guide the City Commission and other parties in making key decisions on the area near City Hall. In late 2003, the City Commission affirmed that City Hall was to stay "downtown" and requested that the City Manager assist the Commission in making some decisions on the campus area. The City Manager helped develop the work scope and worked with one member of the City Commission, one member of the CRA and the CRA Director to guide the work of the consultant. The finished report was well received by the Commission in August 2004 and will serve as the basis for site planning for the campus area. Phase II of the project is now underway to focus in specifically on the viability of the old high school as part of the Town Square Area. Budget Work, CIP and New Police Staff without Tax Increase Status November 2004: The City Manager, with the help of the budget team worked very hard on the 2004-05 Budget and Five- Year plan to ensure adequate funding for desired programs and activities and without a tax increase. The Commission requested additional police personnel be included in the budget and the City Manager was able to find the funds and helped develop a program whereby the CRA funded four of the ten new police officers. On the Capital Improvement Project front, the City Manager was able to re-vamp the CIP priorities and fund major projects such as Wilson Center/Pool, Library, Jaycee Park and Intracoastal Park through alternate bond sources and cash reserves in the CIP Fund. Hurricane Frances and Jeanne Status November 2004: This is the type work is always on the radar screen of a City Manager. 2004 was Boynton Beach's turn to be hit by two hurricanes in three weeks, something that long- term residents say has never happened to the community before. The City Manager, with the assistance of the City Commission and the staff directed the response and recovery operation for both storms. The City was blessed with a mix of excellent staff resources, superb planning and a will to persevere. The role ofthe City Manager was to provide the executive leadership and help guide the response and recovery. City Manager Objectives 2003-04 - Status Report November 2004 Page 16 ",.".,,,_-,,,,,,-,,~.._.,-~.,<>,,'-"'''.'''' >·_~A"....,,~_.·___.·~_,.·.,...," Intracoastal Club House Status November 2004: This was an additional capital project derived from the City Commission's re-working of the capital project list in early 2004. Work is proceeding on a site plan to discuss with the City Commission. Proper location of the clubhouse is critical to enhance the function of a very popular multi-purpose park. Marina Project Status November 2004: Work on this project included getting the parties together and working a revised parking system that would allow public access to the businesses and sufficient parking for the residents. The work on this project is worth noting as it highlighted the City Manager's facilitative skills to gauge proper timing and get parties together to develop a workable plan. Boynton Promenade Status November 2004: The City concluded the purchase of the Hall-Garnsey parcel in 2004. This was as a result of extensive negotiations dating back to 2000. The project seemed to stall until the Commission authorized one more effort to acquire the parcels in 2004. The City was successful and the purchase was closed on in July 2004. The City Manager is working with the CRA Director on the intra-local agreement to have the CRA reimburse the City for the purchase. In addition, the purchase of the property has had a very positive impact on adjoining property values. Recognizing that this area will be in the public domain, the developer of the Promenade Project on Federal Highway and Boynton Beach Boulevard increased the amenities and value of their project. This will have a positive increase in the tax increment available to the CRA for re- development work and other programs. Arches Development Status November 2004: In a somewhat unusual move, the City Manager took a team of City staff members to meet with the prospective developer's architect in Memphis, TN. The CRA funded the trip. The purpose of the trip was to work with the prospective developer to make sure the site plan selected was as faithful to the previously approved site plan as possible. The City and CRA staff was able to work out the technical issues associated with a larger project in two days as opposed to weeks of review by conventional methods. This effort, hopefully will result in a new plan that will have a market value to the City of $85 to $100 Million in the core area of the CBD. Also significant is the fact that the City is gaining a reputation as a place where business of development can be done in a comprehensive, expeditious and professional manner. This is a critical message to get out to the development community. The City Manager took the initiative to set up the trip so as to work with this developer and affinn, by action, the City Commission's goal of quality development for Boynton Beach. Cíty Manager Objectives 2003-04 - Status Report November 2004 Page 17 Boynton Inlet Modernization Status November 2004: City Manager is working with both lobby professionals to obtain appropriation funding from state for feasibility study. Tills was one of the most important projects to emerge from the 2004 Commission Strategic Plan. A work paper on the project has been completed to serve as a discussion piece with legislators, community leaders, county officials, stakeholder organizations and businesses. Board of Directors Innovations Groups Status November 2004: City Manager currently is in the second of a three-year term on the Board of Directors ofInnovation Groups. This is a national not-for-profit organization devoted to improving the level and quality of service in local government by application of innovative ideas, processes and products. In addition, in 2004, Boynton Beach was selected to present a case study in community engagement related to capital construction projects at the national conference ofInnovation Groups. KB: 4/27/03, 07/30/03, 08/07/03, 8/8/03, 8/20103, 11/04/03, 1011 7/04, 11/14/04 City Manager Objectives 2003-04 - Status Report November 2004 Page 18 IX.-CITY MANAGER'S CITY OF BOYNTON BEACH REPORT AGENDA ITEM REQUEST FORM ITEM B. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to Citv Clerk's Office Meetinl!: Dates in to City Clerk's Office [S] December 7, 2004 November 15,2004 (Noon.) o February 1,2005 January 17,2005 (Noon) 0 December 2 I, 2004 December 6, 2004 (Noon) o February 15,2005 January 31, 2005 (Noon) o January 4, 2005 December 20, 2004 (Noon) o March I, 2005 February 14,2005 (Noon) o January 18,2005 January 3, 2005 (Noon) o March 15.2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation [S] City Manager's Report RECOMMENDATION: Resolution to approve water purchase contract with Palm Beach County Utilities for supplemental water purchase up to 5 million gallons per day for up to five (5) years. With opportunity to enter convert agreement to long-term water purchase contract for up to 8 million gallons per day for up to an additional twenty-five (25) years for a combined total of up to thirty (30) years. EXPLANATION: Due to the recent growth of the City's Utilities Department customer base and the availability of water capacity in the County's water system, both parties have agreed to enter into an interim bulk water purchase agreement whereby the County will sell excess water capacity to the City, under a beneficial rate structure. The agreement with the County will make up to 5 million gallons (peak day) of potable water available to the City for a period up to five (5) years, beginning January 1, 2005, (Average day delivery is estimated at 4 million gallons per day,) Delivery of purchased water will occur via two existing, metered interconnection points along the City's western service area. The term of the agreement require that the City pay for 2 million gallons a day of water from the County. Please see the Fiscal Impact section of this report for further infonnation. In addition to the cost benefits associated with this interim agreement, this approach provides the City with sufficient time to expand its own water system, under the East Water Treatment Plant Low Pressure Reverse Osmosis Expansion project. It is anticipated that these East Water Treatment Plant improvements will be completed concurrently during the five-year initial tenn of the agreement. The City will review the cost-benefit of expanding the West Plant and complete the water system analysis to determine if the short-tenn (five-year) contract @ 5 MGD is to be converted to a long-tenn (25 year) water purchase contract. According to the tenns of the attached agreement, this determination needs to be completed by December 2005 and the County notified of the City's intentions. At that time, the City may continue purchase up to 5 MGD at the rate of $.80 per $1,000 for the balance ofthe five-year initial tenn or convert the agreement to a long-tenn agreement at any time during the initial five-year period, The analogy is the ability to convert a tenn life insurance policy into a long-tenn participating life insurance policy anytime during the initial five-year tenn. The conversion costs would be based on the cost of the coverage at the time of conversion, The only difference is that the City would need to infonn the County of its intent to convert to the long-tenn agreement by December 2005 and provide a schedule as to when the City expected to pay the capacity charge and take more water beyond the base 5 MGD allotment. S:IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Deemed necessary in order to address near-tenn future demands for additional potable water capacity resulting from new land development projects and increased densities resulting from downtown area redevelopment. This agreement provides the City with necessary flexibility to meet current and future demands. FISCAL IMPACT: Based on the negotiated bulk water purchase rate of$0.80 per 1,000 gallons, the average daily cost will be $3,200, or $1,168,000 per year. The delivery cost of city-produced water, exclusive of debt service is approximately $1.49 per 1,000 gallons. The water rate model being prepared by CH2MHILL projects the total water delivery cost, inclusive of debt service is $1.82 per 1,000 gallons. Therefore, purchase of water from the County at $.80/1,000 gallons is less expensive than our current production costs. This is due, in part on the fact that the County's system is larger and enjoys an economy of scale and second that the County is extending a beneficial rate to us. Please note that the revenue generated rrom the water system is based on an average commodity cost of$1.85/1,000 (inclusive of meeting debt service and operating costs) leaving us a "profit of $.03/1 ,000. These are preliminary numbers and will be reviewed in detail. Even at the base water commodity cost of $1.49/1,000 delivered, we are more expensive that the County's proposed rate to us of$.80/1 ,000. The following is an excerpt of the interim rate model report rrom CH2MHILL: From: Dave.Green@CH2M.com [mailto:Dave.Green@CH2M.com] Sent: Wednesday, November 17, 20045:03 PM To: GomezN@cLBoynton-Beach.fI.us Cc: Rick.Olson@CH2M.com; Michael.Moore@CH2M.com Subject: Unit Cost Per Thousand Gallons of Water Based on our cost allocations in the rate model, the total revenue requirement for the Water system in 2003 was $11,037,585. From this amount we deduct non volume charge related income: revenues generated by the base or customer charge for water in 2003 of $1,933,626, water related service charges of $183,045, and water connection fees of $105,600 (totaling $2,222,271). This leaves the total revenue requirement to be recovered through the volume charges in 2003 of $8,815,314. Total volume of water solid in 2003 was 4,843,495,000 gallons. Thus, the City's cost of producing and distributing water in 2003 was $1.82/thousand gallons. $11,037,585 Total Revenue Requirement - $2,222,271 Non Volume Charge Revenues ----------------------- $8,815,314 Volume Charge Revenue Requirement $8,815,314/4,843,495 (thousand gallons) = $1.82 per 1,000 gallons If we were to subtract debt service of about $1,617,000 from the volume charge revenue requirement, this would reduce the volume charge revenue requirement to $7,198,000, and reduce the unit cost to $1.49 per thousand gallons ($7,198,000/4,483,495 thousand gallons). Total Revenue generated through the volume charges in 2003 was $8,955,039. Thus the average revenue per thousand gallons of water sold was $1.85 per thousand gallons. $8,955,039/4,843,495 thousand gallons = $1.85 per 1,000 gallons. S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC -.---- -~---,---~'-_.._---_._._.._._,. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The cost impact of whether to expand the West Plant or not, will be perfonned in conjunction with the water system analysis being prepared by Brown and Caldwell. ALTERNATIVES: Not entering into the interim bulk water purchase agreement with the County may result in detailed reviews of water service capacity agreements for future development. ~- Interim Department Head's Signature City Manager's Signature Utilities Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC " Ii 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 CITY MANAGER TO EXECUTE AN INTERLOCAL 6 AGREEMENT BETWEEN PALM BEACH COUNTY 7 AND THE CITY OF BOYNTON BEACH FOR 8 SUPPLEMENTAL WATER PURCHASE UP TO 5 9 MILLION GALLONS PER DAY FOR UP TO FIVE (5) 10 YEARS; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, due to the recent growth of the City's Utilities Department customer 13 base and the availability of water capacity in the County's water system, the parties have 14 agreed to enter into an interim bulk water purchase agreemenl where the County will seH 15 excess water capacity to the City under a beneficial rate structure; and 16 WHEREAS, in addition to Ihe cost benefits of this agreement, it will allow the City 17 sufficient time to expand its own water system; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon 19 recommendation of staff, deems it to be in the best interests of the residents and citizens of 20 the City of Boynton Beach to approve the Agreement between the City of Boynton Beach and 21 Palm Beach County for the Purchase and Sale ofBuJk Potable Water. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section I. Each Whereas clause set forth above is true and correct and 25 incorporated herein by this reference. 26 Section 2. The City Commission of the City of Boynton Beach, F10rida , upon 27 recommendation of staff, hereby authorizes and directs the appropriate City Officials to 28 execute an Interlocal Agreement between Pahn Beach County and City of Boynton Beach for 29 the Purchase and Sale of Bulk Potable Water, which Agreement is attached hereto as Exhibil S:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PSG - Potable Water.doc ,.....".."..,~-~._.......> ~.~~_."".~.,_.. _.~'M··' 1 itA". 2 Section 3. That this Resolution shall become effective immediately upon 3 4 passage. 5 6 PASSED AND ADOPTED this _ day of December, 2004. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 12 13 Mayor 14 15 16 17 Vice Mayor 18 19 20 21 Commissioner 22 23 24 25 Commissioner 26 27 28 29 Commissioner 30 ATTEST: 31 32 33 34 35 City Clerk 36 37 (Corporate Seal) 38 39 40 41 S:\CA\RESO\Agreements\/nterlocals\lnterlocal Agreement psc - Potable Water.doc INTERI,OCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE PURCHASE AND SALE OF BULK POTABLE WATER THIS AGREEMENT made and entered into this ~._ day of ,2004, by and between PALM BEACH COUNTY, a political subdivision of the State-of Florida (hereinafter "County"), and the CITY OF BOYNTON BEACH, FLORIDA, a municipality organized under the laws of the State of Florida (hereinafter "City"). WITNESSETH WHEREAS, Section 163.01, Florida Statutes, kno\VI1 as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the City wishes to purchase bulk Potable Water from the County for distribution and sale to customers solely within the City's Potable Water service area; and WHEREAS, the County wishes to sell the City bulk Potable Water pursuant to the tenns and conditions of this Agreement; and WHEREAS, to encornage and facilitate conservation of water resources, the parties desire to enter into this Agreement. NOW, THEREFORE, for and in consideration of these premises, the mutual tmdertakings and agreements herein contained and assumed, County and City hereby covenant and agree as follows: l. The foregoing statements are true and correct. 2. Tenn. This Agreement shall commence on the Service Initiation Date of January 1, 2005, and the Initial Term shall be for up to a maximum of five (5) years following the Service Initiation Date. Should the City exercise the Long Term option as discussed in Article 8 below, this Agreement shall extend for an additional term of twenty-five (25) years, for a maximum term of up to thirty (30) years total. 3. Effective Date. This Agreement shall become effective upon approval by both parties. The Effective Date of this Agreement shall be the date the Agreement is ratified by the Palm Beach County Board of COW1ty Commissioners. 4. Definitions. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning: (a) "Average Daily Flow" -. the average daily flow rate of Potable Water collectively measured through all Points of Connection. The Average Daily Flow rate is calculated by dividing the total amount of Potable Water flowing through the Points of Connection in anyone calendar year by the number of days in that same calendar year; (b) "Capacity Fcc" -- A one-time fee to be paid by City to COlmty should the City exercise the Long Term option to extend this Agreement for an additional twenty-five (25) years. The Capacity Fcc assessed to the City shall be based upon the Potable Water Peak Instantaneous Flow that the City desires to reserve in the County's Potable Water System under the Long Term option. This fee is assessed irrespective of the actual quantity of Potable Water flowing through the various Points of Connection; (c) "City's Potable Water System" - the system owned and/or operated by the City for the production and distribution of Potable Water within the City's Potable Water Service Area, said system being located on the City's side of the various Points of Connection; I ..,...~.- .."",_.'~^.',"' ." "''"'''~--''-'.'''~"'''.~'.'''~.' (d) "Commodity Fee" - A fee to be paid by City to County on a monthly basis during both the Initial Term and the Long Term option of this Agreement wlúch is intended to recover County's variable cost of producing and supplying Potable Water to the City at the various Points of Connection. This fee is assessed per one thousand (1,000) gallons of Potable Water delivered by County to the various Points of Connection; (e) "County's Potable Water System" - the system owned and/or operated by the Cmmty for the production and distribution of Potable Water to all retail, wholesale, and/or btÙk customers of the County, said system being located on the County's side of the various Points of Connection and including all Potable Water meters and related appurtenances located at the various Points of Connection; (I) "Peak Instantaneous Flow" - The highest collective rate of Potable Water flow measured at the combined Points of Connection at any moment in time during the Term of this Agreement; (g) "Existing Points of Connection" ~ The two existing locations where the County's Potable Water System is connected with the City's Potable Water System, as shown in Exhibit HA_I" , which is incorporated herein and attached hereto. The Potable Water System of County shall include the master water meters and related appurtenances located at the Existing Points of Connection, with said master water meters being utilized for the measurement and payment of bulk Potable Water obtained by City; (h) "Additional Point of Connection" - An additional location where the County's Potable Water System will be connected with the City's Potable Water System, as shown in Exhibit "A-2" which is incorporated herein and attached hereto, should the City reserve Peak Instantaneous Flow capacity in the County's Potable Water System for the Long Term option. The Potable Water System of County shall include the master water meter and related appurtenances located at the Additional Point of Connection, with said master water meter being provided by County at its sole cost and utilized for the measurement and payment of bulk Potable Water obtained by City; (i) "Potable Water" - Water for human consumption which meets all applicable Federal, state, and County standards; Q) "Service Initiation Date" - the date County begins providing Potable Water to City at the Existing Points of Connection. (1<) "UP AP" - the Uniform Policies and Procedures Manual of the Palm Beach County W atcr Utilities Department as may be amended from time to time. 5. Scone of Aszreement. County agrees to furnish, and City agrees to purchase and accept, a supply of Potable Water in accordance with the terms and conditions of this Agreement County shall furnish, and City shall accept, the Potable Water at the Points of Connection shown in Exhibits "A-I" and "A-2". 6. Water Pressure. The water pressure of Potable Water delivered by the County to any of the Points of Connection shall be a minÍmum of 60 psi at all times, with an expected water pressure of between 60 and 75 psi depending upon water demand conditions. 7. Initial Aszreement/Term. COlUlty shall provide City with Potable Water at the varying flow rates required by the City, not to exceed a Peak Instantaneous Flow rate of five million (5,000,000) gallons per day, for an Initial Term of up to five (5) years following the Service Initiation Date. The Commodity Fee throughout the entire Initial Term shall be $.80 per thousand gallons delivered to the Existing Points of Connection, with no inflationary or other adjustments whatsoever. The minimum Average Daily Flow rate to be purchased by the City during the Initial Term shall be two million (2,000,000) gallons per day for each calendar year of the Initial Term. At times when the Peak Instantaneous Flow rate is less than three million (3,000,000) gallons per day, then all flows shall be through the existing Point of Connection located on Boynton Beach Boulevard. When the Peak Instantaneous Flow rate exceeds three million (3,000,000) gallons per day, then both of the Existing Points of Connection shall be used in tandem to more evenly distribute the Potable Water flows from the County's Potable Water System into the City's Potable Water System. 2 8. Lao!! T enn ÛDtionfT enn. Should the City notify the County, in writing, of their intention to enter into a Long Tenn Option prior to December 1,2005, this Agreement shall automatically extend for an additional term of twenty-five (25) years, following the completion of the Initial Term. If the City does not notify the County of this intention prior to December 1,2005, this Agreement will tcnninatc five (5) years after the Service Initiation Date. This written notification shall include the date the City wishes the Initial Terrn to terminate and the Long T enn option to commence. In addition, this written notification shall contain a maxirnwn three year timeline as to when specific quantities of Potable Water capacity in rue Cmmty Potable Water System, as defined by Peak Instantaneous Flow, will be paid for and reserved by the City. The quantities of Potable Water to be reserved by the City shall be in one million gallon per day increments subject to the limitations below. The City may request that the Long Term option commence at any time following December 1, 2005, but in no case shall the Long Tenn option commence later than five (5) years after the Service Initiation Date. During the first five years of this Agreement, the County is under no duty to provide a Peak Instantaneous Flow rate of more than five million (5,000,000) gallons per day, but may, at its sole discretion, provide Potable Water at a higher Peak Instantaneous Flow rate if requested by the City. Under the Long Term option, the noHo-exceed Peak Instantaneous Flow rate to be reserved by the City shall be up to eight million (8,000,000) gallons per day. The initial Commodity Fee during the Long Tenn option shall be $1.15 per thousand gallons. Beginning on January 1,2006, and for each year thereafter, this Commodity fee shall be adjusted upward by an amoWlt equal to the prior year's (measured October to October) Consumer PrÎce Index, all Urban Consumers, published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI") or some other mutually agreed-upon index if the CPI is discontinued, but in no case shall the escalation exceed three percent (3%) annually. The base month for measuring the change to the CPI is October, 2004. During the Long Term option., the Average Daily Flow rate shall not exceed seventy-five percent (75%) of the Peak Instantaneous Flow capacity reservation rate for any single calendar year of the Long Tenn option (for example, 6,000,000 gallons per day Average Daily Flow if 8,000,000 gallons per day Peak Instantaneous Flow is reserved). The Existing Points of Connection and the Additional Point of Connection shall be used collectively and in common to more evenly distribute the Potable Water flows from the County's Potable Water System into thc City's Potable Water System. Regardless of actual usage, the City shall be required to pay to the County a Commodity Fee based on a minimum Average Daily Flow rate equal to sixty-five percent (65%) of the Peak Instantaneous Flow capacity reserved for each calendar year ofthe Long Tenn option (for example, 5,200,000 gallons per day Average Daily Flow if 8,000,000 gallons per day Peak Instantaneous Flow is reselVed). The City shall pay the Coonty a one time bolk Potable Water Capacity Fee of $2.75 per gallon of Peak. Instantaneous Flow capacity requested for the Long Term option. The City shall be required to pay all applicable Potable Water Capacity Fees before Jone I of the year prior to the year for which the applicable Peak Instantaneous Flow rate is being reserved. Any Capacity Fee remitted to the Coonty prior to Jone 1, 2005, shall not be subject to any escalation clause. Beginning on June 1, 2005, and for each year thereafter, the $2.75 Capacity Fee shall be adjusted upward by an amount equal to the prior year's (measured October to October) Consumer Price Index, all Urban Consumers, poblished by the U.s. Department of Labor, Bureau of Labor Statistics ("CPI") or some other mutually agreed- upon index if the CPI is discontinued. The base month for measuring the change shall be October 2004, unless the payment is made prior to October I, 2005, in which case, the base month will be one (1) year prior to the beginning of the month in which the payment is made. All others terms of this Agreement shall be applicable to both the Initial Tenn and the Long Term option, and shall remain in full force and effect throughout the entire tenn of this Agreement. 9. Additional Resoonsibilities of COWltv. County shall provide for the design, construction, operation and maintenance of the County's Potable Water System, up to and including the Existing and Additional Points of Connection, including the design and construction of any Potable Water meters and related appurtenances. County shall be responsible for the securing of any penn its or other approvals necessary to provide 3 -'-'~~"~.- ...,~._.,~",". Potable Water to City at the various Points of Connection. 10. Additional Responsibilities of City. City shall comply with all applicable local, State and Federal taws and regulations for the use and sale of Potable Water. City shall be responsible for the securing of any pcnnits or other approvals necessary to provide Potable Water to any customers within the City's service area. 11. Water Oualitv. The physical, chemical, and biological quality of the Potable Water delivered by County to City at the Points of Connection shall meet all federal, state, and local laws, regulations, and requirements for Potable Water, as may be amended from time to time. City shall be responsible for the water quality of the Potable Water once it enters the City's Potable Water System. City shall be required to perform all testing of the Potable Water as is required by any and all federal, state, and local laws, regulations, and requirements for Potable Water, as may be amended from time to time. 12. Service Areas. The City and COWlty are currently parties to an agreement, dated September 26, 2000 (County Resolution No. 2000-1534) establishing a service area boWldary between the County and City for the provision of potable water, reclaimed water, and wastewater service (hereinafter "Service Area Agreement."). Said Service Area Agreement, as may be amended from time to time, is incorporated herein by reference, and is not affected in any way by this new Agreement. The City expressly acknowledges that the provision of bulk Potable Water, reclaimed water, or wastewater service to a third party for sale within the County's service area, as defined in the Service Area Agreement, is a violation of the Service Area Agreement, and the City therefore agrees that it will not provide bulk or retail Potable Water, reclaimed water, or wastewater service to any other party for sale within the County's service area, as defined within the Service Area Agreement, without the prior written consent of the COWlty. Nothing in the foregoing will prohibit the City from providing short-term bulk Potable Water service in response to a local emergency to another entity for sale or use within that entity's service area. 13. Water Interconnect Agreement. The City and COWlty are currently parties to a 1996 Water Interconnect Agreement establishing provisions for the emergency purchase and sale of Potable Water through the Existing Points of Connection. Said Water Interconnect Agreement, as may be amended from time to time, is incorporated herein by reference, and is not affected in any way by this new Agreement unless the City exercises the Long T eon option to purchase bulk Potable Water from County. In the event that the City exercises the Long Tenn option, the 1996 Water Interconnect Agreement shall automatically expire at the completion of the Initial Tenn and be superseded by this new Agreement. 14. Water Shortages. In the event the South Florida Water Management District or other govenunent unit with just cause and authority declares a water shortage, then County shall have the right to restrict service to the City by the same percentage, level and/or manner as the COWlty restricts service to customers located within the CoWlty limits, and may adjust the Potable Water Commodity Fee in the same manner as rates may be adjusted for customers located within the County limits. This provision shall be applicable during both the Initial Term and Long Term option of this Agreement. IS. Pavment of Bills. The County will bill the City Commodity Fees on a monthly basis. The City agrees to pay for all Potable Water received from the County and make payments to the County within thirty (30) days ITom the date the bill is rendered by County. A past due notice will be mailed by County to the City after thirty (30) days. If payment has not been received after sixty (60) days from the date of the original bill, service may be disconnected and a one percent (1 %) per month interest charge will be assessed on the outstanding balance. 16. C01.U1tv to Maintain Master Meters. COUNTY agrees to have an annual inspection and report prepared regarding the condition and accuracy of the master water meters. A copy of the annual report on meter inspection shall be furnished to the City. The City shall have the right to make its own meter inspection, or to have an independent company inspect the metering equipment at any time; provided, however, no such inspection shall be made unless the City shall first give COUNTY vmtten notice of the date and time of its intent to have the inspection made, nor shaH any such inspection be made prior to twenty-four (24) hours, excluding Saturdays, Sundays, and holidays, subsequent to the receipt of said notice 4 by COUNTY. All costs and expenses of the City's interim inspection shall be borne by the City. [fthe meter is found not to be in good working order, the COUNTY shall reimburse the City the cost incurred as a result of the interim inspection. Nonnal maintenance of the meter shall be perfonned by COUNTY as an expense of water distribution. 17. Time Period Limitation In Case of Master Meter Inaccuracv. Both parties agree that, should a master meter be found to be inaccurate beyond American Water Works Association (A WW A) standards, the meter will be assmned to have been înaccurate since the time of the event failure or since the last meter inspection or for a period of three months, whichever time should be less, and that the following month's billing will be adjusted to show a credit or additional charge to the City for that period, based upon the method established in Section 18 herein. 18. Preswned ConswnDtion and Reouired Payment In Case of Master Meter Inaccuracv. Both parties agree, that if at any time a master meter shall be inaccurate with respect to the quantity of constunption by the City as provided in Section 17 above, the City will pay to the COUNTY a daily amount equal to the average conswnption of the ninety (90) day period prior to the date the meter became inaccurate multiplied by the rate in effect. 19. Securitv. The parties shall be responsible jointly and severally for security of the combined Points of Connection, including provision of access locking features so that each party can have keyed access to the vault. The combined Points of Connection will be controlled by valves which can be operated by authorized representatives of either the COtmty or the City. Only authorized employees of either COlU1ty or City will operate the valves controlling the combined Points of Connection. The County and the City shall provide prior notice to each other prior to operating the valves at the Combined Points of Connection. 20. Tennination For Cause: The parties hereto expressly covenant and agree that În the event either party is in default of its obligations herein, the party not in default shall provide to the party in default ninety (90) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. Failure to cure said default within ninety (90) days following notice may be grounds for tennination of this Agreement. Termination of this Agreement by either party shall require thirty (30) days prior written notice to the other party prior to the termination date. The parties may mutually agree to extend the time for cure and/or tennination. Without Cause: The City may terminate this Agreement at the discretion of the City Commission without a statement of cause to the County during the Initial Tenn with six (6) months written notice, but may not tenninate this Agreement after providing the County with written notification of the City's intention to enter into the Long Term Option. 21. No Transfer of Powers. Notrung contained in this Agreement shall be construed to constitute a transfer of powers in any way whatsoever. This Agreement is solely an Agreement to provide services as authorized in Florida Statutes, Chapter 163. The governing bodies for COtmty and City shan each maintain all legislative authority with regard to their respective political subdivision. All of the privileges and immunities from liability; exemption from laws, ordinances, and rules; and pensions and relief, disability, workers compensation and other benefits wruch apply to the activity of officers, agents or employees of any public agents or employees of any public agency when perfonning their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the perfonnance of such functions and duties of such officers, agents, or employees extra-territoriaHy under the provisions of this Agreement. 22. Indemnification. County and City acknowledge the waiver of sovereign immunity for liability in tort contained in Florida Statutes 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute pennits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting \vithin the scope of the employee's office or employment. Cmmty 5 -- -~--. . _._._._--~-'",. and City agree to be responsible for all such claims and damages, to the extent and linúts provided in Florida Statutes Section 768.28, arising from the actions of their respective employees. The parties acknowledge that the foregoing shall not constitute an agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense the parties may have under such statute, nor as consent to be sued by third parties. 23. Force Maieure. In the event that the performance of this Agreement by either party to this Agreement is prevented or interrupted in consequence of any cause beyond the control of either party, including, but not limited to, Acts of God or of the public enemy, war, national emergency, allocation of or other governmental restrictions upon the use or availability of labor or materials, rationing, civil insurrection, riot, disorder or demonstration, terrorism, strike, embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake, or other casualty or disaster or catastrophe or water plant faílures and water maín breaks, neither party shall be liable for such non-performance. 24. Remedies. This Agreement shan be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach COwtty. No remedy herein conferred is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given herewtder now or hereafter. 25. Successors and Assirns. COW1ty and City each binds itself and its partners, successors, executors, adnúnistrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Neither County nor City shall assign, sublet, convey, or transfer its interest in this Agreement without prior written consent of the other. 26. Waiver. The failure of either party to insist on the strict performance of any of the agreements, terms, covenants and conditions hereof shall not be deemed a waiver of any rights or remedies that said party may have for any subsequent breach, default, or non- performance, and said party's right to insist on strict performance of this Agreement shall not be affected by any previous waiver of course or dealing. 27. Severability. If any term or provision of this Agreement, or the application thereof to any person or circwnstances shall, to any extent, be held invalid or W1enforceable by any court of competent jurisdiction, then the remainder of this Agreement., or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shaH be deemed valid and enforceable to the extent pennitted by law. 28. Notice. All notices provided for herein shall be in writing and transmitted by mail or by courier, and, if to City, shall be mailed or delivered to City at: City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33435-0310 Attn: City Manager and if to County, shall be mailed or delivered at: Palm Beach County Water Utilities Department 8100 Forest Hill Boulevard P.O. Box 16097 West Palm Beach, FL 33416-6097. Attn: Department Director 29. Filing. This Agreement shall be filed with the Clerk of the Circuit Court for Palm Beach County. 30. Amendment and Modification. This Agreement may only be amended, modified, 6 changed, supplemented or discharged by an instrument in v.rriting signed by the parties hereto. 31. Entirety of A1ITeement. County and City agree that this Agreement and any Exhibits hereto set forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, tenus and conditions contained in this Agreement may be added to, modified, superceded or otherwise altered, except by written instrument executed by the parties. (TIlE REMAINDER OF TIllS PAGE INTENTIONALLY LEFT BLANK) 7 "'"-'-"'-~ _..~"_."._".. IN WITNESS WHEREOF, County and City have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. ATTEST: DOROTHY H. WILKIN, CLERK PALM BEACH COUNTY, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Tony Masilotti, Chair (SEAL) APPROVED AS TO FORM AND TO APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: By: County Attorney Director of Water Utilities ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: By: Clerk APPROVED AS TO FORM AND TO LEGAL SUFFICIENCY By: City Attorney 8 Exhibit" A-I" Existing Points of Connection "! - "-.\- ;"<jr" PALM..:B.KAcn2I'i;ø <"': \-:...~.,.,.,> ",k,',"":;""" "I' " .WATIm.1'!'1?Tf: P1?'~'fiYì1)Œ ·_---~~ I ____ , ..·.r ...... r" .~::J > . .,.' . E.nttin'· cPdmt:øtC wêètlo)Ì"','- > ",r~.,".:,.:.","-¡ .. .'f I . ....- ,:;~y,f),p¿ ... ,!ij, ~w-4;<\\- 1_,,':"':~h'-:1' ,":;,~"._ '^'-'_'_' ..,-- í:~,:': :,:,.._ ,1~,:,j.:".;':"':,".," \ !, . .,;lI:~~..i¡ìRT1q~ª, i~~f~ 1if3:¡ ;,,,1,: '- : ),~-~~; I_J' .L..; ,- -¡--ifOY"':T'OWf I :¡. : t"'--, - . . nj,i~[t~~:; Exis -~ Ø1iîf'of,:.lii!Ö ~ "'-<"'1_ . ~ it_' , '<;, ~ ~.,¡~~~,l 0{ '. '1', "'ò_ ,'1 i ~fW: ~~ ,..' i...'....:,:,'.....·.;'... :-:::":...::.:=-:._r.¡¡'~ :. .,::.,~ , i··.. .' ; : " ',' { "" t.:'· :.;,.."",,{'~,',; ..._'-,-~~~~,._.."..._.._- Exhibit A 2 Addition a Poill1 of Connection end ÀÐDrtlONAL INTERCONNEct cOtJlfTYsl!RVìCe AReA CITY 01' BOYNTON BEACH SERVICE AREA VILLAGE OF GOLF SERVICE AREA <.~. ,~,.,"~. ,_ <~·"~^"""·.",~...·,"~·",,,.,,,",,""m,".. ,., XII. - LEGAL ITEM A.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetine Dates in to CitvClerk's Office o August J. 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August J 7.2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o Sep'embcr21,2004 (Noon) September 7,2004 J November] 6, 2004 (Noon) November 1, 2004 0 Administrative 0 DeveJopment Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing I2<J Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approval of Ordinance amending Section ] 08 of the Boynton Beach Administrative Amendments to the 200] Florida Building Code. EXPLANATION: The proposed Ordinance creates a procedure whereby the City's Building Board of Adjustment and Appeals can conduct a public hearing regarding complaints against contractors for fraud or wiBfuJ disregard of the building codes, providing for conflicts, severabiJity, codification and an effective date. PROGRAM IMPACT: None FISCAL IMPACT: None t pprove the Ordinance ~ Quin City Manager's Signature ~ QTl- Development Department City Attorney / Finance / Hmnan Resources S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC " I I I 2 ORDINANCE NO. 04- Oq ~ 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, BY AMENDING SECTION 108 OF THE BOYNTON 6 BEACH ADMINISTRA TIVE AMENDMENTS TO THE 2001 7 FLORIDA BUILDING CODE PROVIDING FOR PUBLIC 8 HEARINGS BEFORE THE BUILDING BOARD OF 9 ADJUSTMENT AND APPEALS REGARDING COMPLAINTS 10 AGAINST CONTRACTORS FOR FRAUD OR WILLFUL 11 BUILDING CODE VIOLATIONS; PROVIDING FOR CONFLICTS, 12 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 13 14 WHEREAS, staff has recommended that Scction 108 of the Boynton Bcach 15 Administrative Amendments to the 2001 Florida Building Code be amended to add to the 16 responsibilities ofthe City of Boynton Beach Building Board of Adjustment and Appeals, thc 17 power to conduct public hearings on complaints regarding contractors perfonning work in 18 the City of Boynton Beach, and to provide procedures therefore; and 19 20 WHEREAS, while the Florida Department of Business and Professional Regulations 21 ("Department") regulates licensed contractors, the Department prefers that local matters first 22 be addressed by the municipality pursuant to Section 489.113( 4)(b), Florida Statutes; and 23 24 WHEREAS, the City Commission has detennined that it is in the best interest of the 25 City, its residents, property owners, and visitors to revise the Section 108 regulations which 26 govern the Building Board of Adjustment to provide for additional powers, procedures, and 27 responsibility; and 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 30 CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 32 Section 1. The foregoing whereas clauses are true and correct and are now ratified 33 and confmned by the City Commission. 34 Section 2. That Section 108 of the Boynton Beach Administrative Amendments 35 to the 2001 Florida Building Code is hereby amended by deleting the words and figures in 36 struck-through type, as follows: 37 38 108 BUILDING BOARD OF ADJUSTMENT AND APPEALS 39 ... 40 S:\CA\Ordinances\Bui1ding\Sec 108 BB Amendments to 2001 Building Code.doc ev. 10-12-04 .'-"'--"-",",.~..-..-.,.. I 1 108.4 APPEALS 2 ... 3 108.4.5 COMPLAINTS AGAINST CONTRACTORS 4 (]) The board is the "local construction regulation board," 5 under the meaning set forth in Section 489.1 13 (4)(b), 6 Florida Statutes. 7 (2) Complaints against contractors perfonning work in the Citv 8 of Boynton Beach for violations of Section 105.11 of these 9 Amendments may be brought to the board by the City 10 Building Official or his or her designee. There is no intent 11 to create a private right or cause of action in this section. 12 (3) Complaints against contractors mav be originated by 13 anyone on a fonn prepared for that purpose bv the building 14 department. All complaints shall be investigated by the 15 building official, who upon detennination of a violation of 16 Section 105.11 of these Amendments, shall act as follows: 17 (a) The building official shall promptly forward a copy 18 of his findings and the complaint to the alleged 19 violator and shall provide the alleged yiolator with 20 a reasonable time to respond to the building official 21 or to correct the violation. 22 (b) The building official shall also promptly forward a 23 COpy of the findings and the complaint to the owner 24 of the site or building where the violation exists and 25 shall explain the nature of the violation and the 26 action taken bv the building department. 27 (c) The building official shall also notifv the 28 complainant of the finmngs of any action taken by 29 the building officiaL If the complainant is not 30 satisfied with the findings or actions of the building 31 official at this time. complainant may reQuest to be 32 placed on the next open agenda of the board. 33 (d) If the alleged violation has not been corrected 34 within the time prescribed bv the building officiaL 35 the building official shall present the violation to 36 the board at its next meeting and petition the board 37 for a hearing concerning said violation. Upon 38 approval of said hearing bv the Board, the Building 39 Department shall adhere to the reQuirements of (4) 40 below. 41 (4) Board hearing. :\CA\Ordinances\BuiJdìng\Seç 108 BB Amendments to 2001 BuildingCode.doc ev. 10-12-04 " 1 (a) Upon establishment of a hearing date by the board, 2 the department shal1 notify both the al1eged violator 3 and any complainant and request their presence at 4 the hearing. 5 (b) At the hearing, the building official, complainant, 6 and the al1eged violator shal1 be pennitted to 7 present evidence concerning the complaint. Upon 8 presentation of al1 evidence of violation and other 9 infonnation, the board, sitting as an impartial board, 10 shal1 render a decision as to whether the contractor 11 IS guilty of violating Section 105.]1 of these ]2 Amendments and impose discipJinarv action if 13 warranted. ]4 (5) Nothing in this section shal1 prohibit the board, on its own 15 motion, from investigating and holding hearings on any 16 violation provided herein. ]7 (6) In imposing discipline. the Board may denv, suspend, or 18 revoke the authority of a contractor to obtain building 19 pennits from the City Building Department or Jimit such 20 authority to obtain pennits. 21 (7) If discipline has been imposed against the contractor bv the I 22 Board, the Building Official shan forward infonnation and 23 orders pertaining to the hearing and discipline imposed to 24 the State of Florida Department of Business and 25 Professional Regulation for possible action before the 26 Construction Industry Licensing Board. 27 108.5 PROCEDURES OF THE BOARD 28 .. . 29 108.5.2 DECISIONS. The Building Board of Adjustment and Appeals 30 shan, in every case, reach a decision without unreasonable or unnecessary 31 delay. Each decision of the board shan also include the reasons for the 32 decision. If a decision of the board reverses or modifies a refusal, order, or 33 disanowance of the building official or varies the application of any 34 provision of this code, the building official shall immediately take action 35 in accordance with such decision. Every decision shan be promptly filed 36 in writing in the office of the building official and shan be open to public 37 inspection. A certified copy of the decision shaH be sent by mail or 38 otherwise to the appel1ant and a copy shal1 be kept publicly posted in the 39 office of the building official for two weeks after filing. Every decision of 40 the board shan be final; subject however to such remedy as any aggrieved 41 party might have at law or in equity. For those cases brought before the 42 Building Board of Adjustment pursuant to Section 108.4.5 above, a COpy 43 of the decision shan be sent by mail or otherwise to the subiect contractor. 44 the complainant. and to the State of Florida Department of Business and 45 Professional Regu]ations. S:\CA\Ordinances\Building\Sec 108 BB Amendments to 2001 Building Code.doc ev.1O-12-04 ....~._._...,"~~"'~". I I Section 3. That ordinances or parts of ordinances in conflict herewith be and the 2 same are hereby repealed, provided that in the event of a conflict with respect to 3 administration of the building codes, existing administrative laws or rules of the City shaH 4 control. 5 6 Section 4. Should any section or provIsIOn of this Ordinance or any portion 7 thereof be declared by a court of competent jurisdiction to be invalid, such decision shaH not 8 affect the remainder of this Ordinance. 9 10 Section 5: Authority is hereby granted to codify said Ordinance. 11 12 Section 6: This Ordinance shall become effective immediately upon passage. 13 14 FIRST READING this _ day of ,2004. IS 16 SECOND, FINAL READING and PASSAGE _ day of ,2004. 17 18 CITY OF BOYNTON BEACH, FLORIDA 19 20 21 Mayor 22 23 24 Vice Mayor 25 26 27 Commissioner 28 29 30 Commissioner 31 32 33 Commissioner 34 35 TTEST: 36 37 38 39 ity Clerk 40 :\CA\Ordinances\Building\Sec 108 BB Amendments to 2001 Building Code.doc ev. 10-12-04 ""'_~~_,._~",<O'. CITY OF BOYNTON BEACH XII. - LEGAL ITEM C.! AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetine: Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office ~ December 7. 2004 November 15, 2004 (Noon.) o Febmary 1,2005 January 17, 2005 (Noon) o December 21, 2004 December 6, 2004 (Noon) o February 15,2005 January 31,2005 (Noon) o January 4, 2005 December 20,2004 (Noon) o March 1,2005 February 14,2005 (Noon) o January 18, 2005 January 3, 2005 (Noon) o March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Authorization by Resolution of Amendment to issue tax increment bonds on behalf ofthe Boynton Beach CRA in an amount not to exceed $19,575,000 to fund capital and redevelopment projects. EXPLANATION: The City Commission authorized the CRA to pursue the bond issue on October 4, 2004 (see minute excerpts attached.) Bond Counsel, Mr. Mark Raymond of Moyle, Flanigan, Katz, Raymond & Sheehan. P. A. will be present at the City Commission meeting to address the final structure of the bond issue. PROGRAM IMPACT: The CRA has requested Commission authorization of the bond issue to allow the CRA's completion of a number of capital and redevelopment projects. The Chair of the CRA reported at the October 4, 2004 Commission meeting ofthe following projects or activities to be funded: Boynton Beach Boulevard Extension; the Promenade (at end of Boynton Beach Blvd and Intracoastal); additional public parking at the Marina Village parking garage. FISCAL IMPACT: None directly to the City. However, the City needs to carefully review the final version ofthe City guarantee. ALTERNATIVES: Do not proceed with bond issue. The CRA will need to proceed with selected projects based on the revenue stream ITom the annual increment. ß~::;:s Signature Department Head's Signature Department Name City Attorney I Finance / Human Resources S:IBULLET!N\FORMSIAGENDA ITEM REQUEST FORM.DOC MOYLE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW Office Address: 625 Norlh Flagler Drive - 9'" Floor West Palm Beach, Florida 33401-4025 Post Office DelivcfY: P.O. Box 3888 West Palm Beach, Florida 33402-3888 Telephone: (561) 659-7500 Facsimile: (561) 659-1789 Tallahassee Office MARK E. RAYMOND (850) 681-3828 Direct Line: (561) 822-0380 Wellington Office E-mail: mraymond@moylelaw.com (561) 227-1560 November 24, 2004 Kurt Bressner, City Manager City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: Community Redevelopment Agency Bond Issue Dear Kurt: The CRA has requested that the City Commission approve the issuance of bonds by the CRA and authorize the City to guarantee the payment of the bonds. On October 4 the City Commission expressed its consensus to proceed, and to fonnalize that decision I have prepared the attached resolution for consideration by the Commission. The CRA attempted to structure the bond issue so that the City guarantee would tenninate upon satisfaction of certain financial tests. However, the bond insurers and rating agencies were not amenable to this structure and the guarantee will remain in place for the life of the bonds. The insurers and rating agencies will not complete their review of the transaction until next week. Thus, the attached resolution (and exhibits) may have to be modified to take into account any requirements of the insurer/rating agencies. In the event any substantive modifications are made, I will point these out to the Commission during the December 7 meeting. Please let me know if you have any questions. Very truly yours, / ~ Mark E. Raymond ( .- .....~-- ........._~__.~.m' .._--_..-.. .. - ..~".~--,~..._.~_.."'.~- -. .. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 High Intensity (CH-5) (Palm Beach County) to Local Retail Comrnercial (LRC) (Edward Medical Office (LUAR 04-008) Attorney Cherof read Proposed Ordinance No. 04-086 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-086. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. 3. Proposed Ordinance No. 04-087 Re: Rezoning trom General Commercial (CG) (Palm Beach County) to Community Commercial (C-3) (Edward Medical Office (LUAR 04-008) Attorney Cherof read Proposed Ordinance No. 04-087 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 04-087. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the rnotion carried 5-0. 4. Proposed Ordinance No. 04-088 Re: Abandoning of a 40-foot wide unimproved right-ot-way (Northeast 2nd Street) (306 Boynton Beach Boulevard, L.C.) (ABAN 04-005) Attorney Cherot read Proposed Ordinance No. 04-088 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-088. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. C. Resolutions: None D. Other: 1. Request tor approval from City Commission to grant the CRA the ability to secure debt up to the amount ot $19,575,000 secured by the CRA Tax Increment Revenues (TIF) 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 Commissioner McCray reported that the Comrnission received a letter from Legal stating that the request was acceptable, but he would like to hear frorn the Finance Director whether this would infringe on the City's bond ratings. Bill Mummert, Director of Financial Services, stated that he reviewed the CRA request that the City guarantee their debt and the impact that it might have upon the City's ability to proceed with any future debt issuance, if needed. As indicated by Bond Counsel, he does not see that the City's backup pledge would have any affect upon the City's ability to issue future debt. He pointed out that the bonds would be secured by the CRA tax increment revenues that are currently sufficient to meet their operating expenses and the new debt service requirement. The revenue stream is projected to triple over the next three to four years and the project tax base appears to be very strong. Commissioner Ensler requested that Jeanne Heavilin, Chairperson of the CRA, infonm the audience why the CRA is requesting $19,575,000. Jeanne Heavilin, Chairperson of the CRA, assumed the podium and stated that the purpose of the bond was to lock in funding for major projects that have been identified. Those projects include the Boynton Beach Boulevard Extension, the Promenade and Riverwalk. The funds would be used for land acquisition for these projects, additional public parking and the Marina Village parking garage. By having the bond funding available, the CRA will be in a position to use its regular TIF increment for other projects, the largest one being Phase 1 of the Heart of the Boynton. The request is for two approvals. The first request is to grant the CRA the ability to secure the debt and the second would be for the Cornmission to authorize the back-up pledge to support the 20-year tax-exempt offering. Motion Commissioner Ensler moved for approval. Motion seconded by Comrnissioner McKoy and unanimously carried. 2. Approval of PBA Memorandum of Understanding Attorney Cherof referred to the handout given to the Commission earlier. He pointed out that Paragraph 1 provides for the payment of eight (8) hours of pay for bargaining unit members who were called in for twelve (12) hour shifts during Hurricane Francis emergency conditions. He noted that the funds would automatically be paid, but because this was part of a bargaining unit, the consent of the unions was necessary, which is set forth in the Memorandum of Understanding. Motion Commissioner McCray moved for approval. Motion seconded by Vice Mayor Ferguson. 19 . ~..,,_. ~'~d~. < RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY TO ISSUE ITS TAX INCREMENT REVENUE BONDS, SERIES 2004, IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $19,575,000; AUTHORIZING THE CITY TO GUARANTY THE OBLIGATIONS OF THE COMMUNITY REDEVELOPMENT AGENCY UNDER THE BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1: The Boynton Beach Community Redevelopment Agency (the "Agency") is hereby authorized to issue its Tax Increment Revenue Bonds, Series 2004 (the "Bonds") in the principal amount of not exceeding 19,575,000, and having such other terms and conditions as authorized by the Agency's Bond Resolution adopted December 6, 2004, a copy of which is attached hereto as Exhibit "A." Section 2: The City Manager is hereby authorized and directed to execute the Guaranty in the form attached hereto as Exhibit "B". Section 3: This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this, the 7th day of December, 2004. (SEAL) City of Boynton Beach, Florida ATTEST: Mayor City Clerk Vice-Mayor Commissioner Commissioner Commissioner Approved as to form and legal sufficiency By: City Attorney G:'íl234SIHcr.'t>oY""",.....,.pd EXHIBIT A CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TAX INCREMENT REVENUE BONDS BOND RESOLUTION ADOPTED DECEMBER 6, 2004 ".,.~~~ - -"-_.~~ TABLE OF CONTENTS (This Table of Contents is not part of the Resolution and is for convenience of reference only.) PAGE ARTICLE I GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I SECTION \.O\. Definitions .............................. . . . . . . . . . . . . . I SECTION 1.02. Authoritv for This Resolution ............................ 9 SECTION \.03. Resolution to Constitute Contract ......................... 9 ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SECTION 2.0\. Authorization of Bonds .................................9 SECTION 2.02. Authorization. Descrintion and Terms of Series 2004 Bonds ... 10 SECTION 2.03. Pavinl! Al!ent and Registrar for Series 2004 Bonds . . . . . . . . . . . II SECTION 2.04. Award of the Series 2004 Bonds ......................... II SECTION 2.05. Official Statement for Series 2004 Bonds ... . . . . . . . . . . . . . . . II SECTION 2.06. Book Entrv SYStem for Series 2004 Bonds. . . . . . . . . . . . . . . . . 12 SECTION 2.07. Annlication of Series 2004 Bond Proceeds ................. 12 SECTION 2.08. Municipal Bond Insurance Provisions . . . . . . . . . . . . . . . . . . . . . 12 SECTION 2.09. Execution and Deliverv of the Series 2004 Bonds. . . . . . . . . . . . 12 SECTION 2.10. Insurance Commitments ............................... 12 SECTION 2.1\. Execution of Bonds ................................... 12 SECTION 2.12. Authentication ....................................... 13 SECTION 2.13. Bonds Mutilated. Destroved. Stolen or Lost ................ 13 SECTION 2.14. Negotiabilitv. Interchanl!eabilitv and Transfer. . . . . . . . . . . . . . . 13 SECTION 2.15. Form of Bonds . . . . . .. . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . 14 SECTION 2.16. The City Guarantv ............ . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE III REDEMPTION OF BONDS.. . . .. . . . . .. .. . .. . . . . .. .. . . . . . . . . . . . . . . . . . . . . .21 SECTION 3.0\. Privilel!e of Redemntion ...............................21 SECTION 3.02. Selection of Bonds to be Redeemed ...................... 21 SECTION 3.03. Notice of Redemntion .................................21 SECTION 3.04. Redemption of Portions of Bonds ........................ 22 SECTION 3.05. Payment of Redeemed Bonds ........................... 22 -I- ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SECTION 4.0l. Bonds Not to be Indebtedness of A!!encv .................. 23 SECTION 4.02. Securitv for Bonds ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SECTION 4.03. Funds and Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SECTION 4.04. Proiect Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 SECTION 4.05. Debt Service Fund; Reserve Fund. .. . .... .. . . . . . ... . . ....24 SECTION 4.06. Rebate Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 SECTION 4.07. Investments ......................................... 27 SECTION 4.08. Senarate Accounts .................................... 27 ARTICLE V SUBORDINATED INDEBTEDNESS ADDITIONAL BONDS, AND COVENANTS OF AGENCY . . . . . . . . . . . . . . . . . . . . 28 SECTION 5.0l. Subordinated Indebtedness ............................. 28 SECTION 5.02. Issuance of Additional Bonds ........................... 28 SECTION 5.03. Bond Anticination Notes ...... . . . . . . . . . . . . . . . . . . . . . . . . . 29 SECTION 5.04. Accession of Subordinated Indebtedness to Parity Status with Bonds ......................................... 29 SECTION 5.05. Annual Bud!!et . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 SECTION 5.06. Redevelopment Trust Fund ............................. 30 SECTION 5.07. Books and Records ................................... 30 SECTION 5.08. Annual Audit ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 SECTION 5.09. No Imnairrnent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 SECTION 5.10. Covenants with Credit Banks and Insurers ................. 31 SECTION 5.1l. Federal Income Tax Covenants: Taxable Bonds ............. 31 SECTION 5.12. Nonnresentrnent of Bonds; Disnosition of Unclaimed Monev ..32 SECTION 5.13. Continuin!! Disclosure Comnliance . . . . . . . . . . . . . . . . . . . . . . . 32 ARTICLE VI DEFAULTS AND REMEDIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 SECTION 6.0l. Events of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 SECTION 6.02. Remedies ........................................... 35 SECTION 6.03. Directions to Trustee as to Remedial Proceedings. . . . . . . . . . . . 35 SECTION 6.04. Remedies Cumulative ................................. 35 SECTION 6.05. Waiver of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 SECTION 6.06. Apnlication of Monevs After Default .....................36 SECTION 6.07. Control bv Insurer or Credit Bank . . . . . . . . . . . . . . . . . . . . . . . . 37 ARTICLE VII SUPPLEMENTAL RESOLUTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 SECTION 7.0l. Sunnlemental Resolution Without Bondholders' Consent. . . . . .38 -JI- ........_"...... _.._-,~......~., SECTION 7.02. Suvvlemental Resolution With Bondholders'. Insurer's and Credit Bank's Consent ............................. 39 SECTION 7.03. Amendment with Consent of Insurer and/or Credit Bank Only. .40 SECTION 7.04. Reauired Ovinion of Bond Counsel. . . . . . . . . . . . . . . . . . . .. . .41 ARTICLE VIII MISCELLANEOUS ....................................................~ SECTION 8.01. Defeasance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 SECTION 8.02. Cavital Avvreciation Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 SECTION 8.03. General Authority ....................................43 SECTION 8.04. No Personal Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 SECTION 8.05. No Third Partv Beneficiaries ... . . . . . . . . . . . . . . . . . . . . . . . . . 44 SECTION 8.06. Sale of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 SECTION 8.07. Severability of Invalid Provisions ........................ 44 SECTION 8.08. Repeal ofInconsistent Resolutions ....................... 44 SECTION 8.09. Table of Contents and Headings not Part Hereof. . . . . . . . . . . . . 44 SECTION 8.10. Holidavs: Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 SECTION 8.11. Effective Date ....................................... 44 -iii- RESOLUTION NO. - A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING THE ISSUANCE BY THE AGENCY OF NOT EXCEEDING $19,575,000 IN AGGREGATE PRINCIPAL AMOUNT OF TAX INCREMENT REVENUE BONDS, SERIES 2004, TO FINANCE VARIOUS CAPITAL EXPENDITURES OF THE AGENCY; AUTHORIZING ADDITIONAL BONDS; PLEDGING TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS CERTAIN PLEDGED FUNDS, INCLUDING THE REDEVELOPMENT TRUST FUND REVENUES OF THE AGENCY AND MONEYS ON DEPOSIT IN AND INVESTMENTS HELD FOR THE CREDIT OF CERTAIN FUNDS CREATED HEREUNDER; SETTING FORTH A METHOD TO ESTABLISH THE PRINCIPAL AMOUNT, INTEREST RATES, MATURITY SCHEDULE AND REDEMPTION PROVISIONS FOR SUCH SERIES 2004 BONDS; AUTHORIZING AGENCY OFFICIALS TO A WARD THE SALE OF THE SERIES 2004 BONDS AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; APPOINTING A PAYING AGENT AND REGISTRAR FOR THE SERIES 2004 BONDS; PROVIDING A METHOD TO APPROVE THE FORM AND USE OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FINAL OFFICIAL STATEMENT; AUTHORIZING THE PURCHASE OF A MUNICIPAL BOND INSURANCE POLICY FOR THE SERIES 2004 BONDS AND MAKING CERTAIN COVENANTS IN CONNECTION THEREWITH; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE OWNERS OF SUCH BONDS; PROVIDING FOR THE CREATION OF FUNDS AND ACCOUNTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: ARTICLE I GENERAL SECTION LOL Definitions. When used in this Resolution, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Accreted Value" shall mean, as of any date of computation with respect to any Capital Appreciation Bond, an amount equal to the principal amount of such Capital Appreciation Bond (the principal amount at its initial offering) plus the interest accrued on such Capital Appreciation Bond /Tom the date of delivery to the original purchasers thereof to the Interest Payment Date next preceding the date of computation or the date of computation if an Interest Payment Date, plus, if such date of computation shall not be an Interest Payment Date, a portion of the difference between the Accreted Value as ofthe immediately preceding Interest Payment Date and the Accreted Value as of the immediately succeeding Interest Payment Date, calculated based on the assumption that Accreted Value accrues during any semiannual period in equal daily amounts. . -~.>_.~._~.^..._"~_. a.____ "Act" sha1l mean Part III, Chapter 163, Florida Statutes and other applicable provisions of law. "Additional Bonds" sha1l mean the obligations issued at any time under the provisions of Section 5.02 hereof. "Annual Audit" shall mean the annual audit prepared pursuant to the requirements of Section 5.08 hereof. "Annual Budget" shall mean the annual budget prepared pursuant to the requirements of Section 5.05 hereof. "Arches Funding Agreements" means the Advance Funding Agreement and the Direct Incentive Funding Agreement, each dated November 19,2003, between the Agency and Boynton Ventures I, LLC. "Authorized Deposito!)''' sha1l mean a qualified public depository, as defined in Chapter 280, Florida Statutes, or any successor provision thereof. "Authorized Investments" shall mean any ofthe following which shall be authorized from time to time by applicable laws of the State for deposit or purchase by the Agency for the investment of its funds: (I) Defeasance Obligations. (2) Interest-bearing time deposits or savings accounts in banks organized under the laws of the State, in national banks organized under the laws of the United States and doing business and situated in the State, in savings and loan associations which are under State supervision, or in federal savings and loan associations located in the State and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescribed by law; (3) Obligations of the federal fann credit banks; the Federal Home Loan Mortgage Corporation, including Federal Home Loan Mortgage Corporation participation certificates; or the Federal Home Loan Bank or its district banks or obligations guaranteed by the Government National Mortgage Association; (4) Obligations of the Federal National Mortgage Association, including Federal National Mortgage Association participation certificates and mortgage pass-through certificates guaranteed by the Federal National Mortgage Association; (5) Securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the investment Company Act of 1940, 15 U.S.c. ss. 80a-1 etseq., as amended from time to time, provided the portfolio of such investment company or investment trust is limited to Defeasance Obligations and to repurchase agreements fully collateralized by such Defeasance 2 Obligations and provided such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; (6) The Local Government Surplus Funds Trust Fund established pursuant to Part IV, Chapter 218, Florida Statutes; or (7) Any other investment approved in writing by each Insurer of Bonds secured by the funds being invested. "Authorized Agency Officer" for the performance on the behalf of the Agency of any act of the Agency or the execution of any instrument on behalf of the Agency shall mean the Executive Director or any other person authorized by resolution of the Agency or appointed by certificate of the Chair to perform such act or sign such document. "Balloon Indebtedness" shall mean indebtedness 25% or more of the principal payments of which are due in a Fiscal Year and which indebtedness is not required to be paid over its term on a substantially level debt service basis on a Fiscal Year basis, and indebtedness 25% or more of the principal of which may, at the option of the holder or registered owner thereof, be redeemed in a Fiscal Year. "Beneficial Owner" means any person which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series 2004 Bonds (including persons holding Series 2004 Bonds through nominees, depositories or other intermediaries) or (ii) is treated as the owner of the Series 2004 Bonds for federal income tax purposes. "Board of Commissioners" shall mean the board of commissioners of the Agency or its successor in function. "Bond Counsel" shall mean any attorney at law or flfIll of attorneys, of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America. "Bond Insurance Policy" shall mean a municipal bond new issue insurance policy or policies issued by an Insurer guaranteeing the payment of the principal of and interest on any portion of the Bonds. "Bondholder" or "Holder" or "holder" shall mean any Person who shall be the registered owner of any Outstanding Bond or Bonds according to the registration books of the Agency. "Bonds" shall mean the Series 2004 Bonds, any Additional Bonds and any Subordinated Indebtedness which accedes to the status of Bonds pursuant to Section 5.04 hereof. "Business Day" shall mean, as to any Series of Bonds, any day on which any Paying Agent for such Series is open for business. 3 ~.~._-- ".-....,...........,. ,,-,.._"--,~~, ,·_··,,·~_,~~,·"·,·."".'.,,''''~n "Capital Appreciation Bonds" shall mean those Bonds so designated by Supplemental Resolution, which may be either Serial Bonds or Term Bonds and which shall bear interest payable at maturity or redemption. In the case of Capital Appreciation Bonds that are convertible to Bonds with interest payable prior to maturity or prior to redemption of such Bonds, such Bonds shall be considered Capital Appreciation Bonds only during the period of time prior to such conversion. "Chair" shall mean the Chair or Vice-Chair of the Agency or such other person as may be duly authorized by the Agency to act on his or her or their behalf. "City" means the City of Boynton Beach, Florida. "Code" shall mean the United States Internal Revenue Code of 1986, as amended, and the regulations thereunder, whether proposed, temporary or final, promulgated by the Department ofthe Treasury, Internal Revenue Service. "Cost" when used in connection with a Project, shall mean all amounts permitted to be paid by State law, including costs of issuance of Bonds. "Credit Bank" shall mean as to any particular Series of Bonds, the Person providing a Credit Facility as designated in the Supplemental Resolution providing for the issuance of such Bonds. "Credit Facility" shall mean as to any particular Series of Bonds, a letter of credit, a line of credit or another credit or liquidity enhancement facility (other than insurance policies issued by an Insurer, Reserve Fund Insurance Policies or Reserve Fund Letters of Credit), as approved in the Supplemental Resolution providing for the issuance of such Bonds. "Debt Service Fund" shall mean the Debt Service Fund established pursuant to Section 4.03 hereof. "Debt Service Requirement" for any Fiscal Year shall mean the sum of: (I) The aggregate amount of interest becoming due on the Bonds, other than Capital Appreciation Bonds, during such Fiscal Year. Except as otherwise specified in Section 5.02 ofthis Resolution, for purposes of this definition, the interest due on any Variable Rate Bonds shall be assumed to be the greater of (a) 110% of the daily average interest rate on such Variable Rate Bonds during the 12 months ending with the month preceding the date of calculation, or such shorter period that such Bonds shall have been outstanding, or (b) the actual rate of interest borne by such Variable Rate Bonds on the date of calculation. (2) The aggregate amount of principal becoming due on the Bonds, other than Capital Appreciation Bonds, for such Fiscal Year, whether by reason of maturity or mandatory redemption. (3) The aggregate amount of Accreted Value due on any Capital Appreciation Bonds maturing in such Fiscal Year. 4 In determining the amount of principal and interest becoming due on Bonds in any Fiscal Year, the following rule shall apply: With respect to Balloon Indebtedness, the principal and interest becoming due on the Bonds shall be calculated based upon the assumption that the amount of principal and interest which will be payable in a given period is equal to the amount which would be payable on such Balloon Indebtedness if such Balloon Indebtedness were amortized (i) from the date of such calculation ovcr a period equal to twenty (20) years, if such Balloon Indebtedness matures twenty (20) years or more from the date of such calculation, or (ii) if the period trom the date of such calculation to the final maturity of such Balloon Indebtedness is less than twenty (20) years, then the actual number of years to maturity shall be used, on a level annual debt service basis calculated on a Fiscal Year basis, at an interest rate, if such Balloon Indebtedness bears interest at a fixed interest rate for its entire term, equal to the actual interest rate on such Balloon Indebtedness, and if such Balloon Indebtedness does not bear interest at a fixed rate for its entire term, bearing interest at a rate calculated in accordance with the methodology established above for Variable Rate Bonds. "Defeasancc Obligations" shall mean: (i) direct obligations of, or obligations the timely payment of the principal of and interest on which are W1conditionally guaranteed by, the United States of America and which are not redeemable or subject to prepayment prior to the stated maturity thereof by or at the direction of the obligor thereon, and including Separately Trading of Registered Interests and Principal U.S. Treasury of Securities ("Strips") and the interest component of obligations of the Resolution Funding Corporation which have been stripped by the Federal Reserve Bank of New York, to the extent such instruments are backed by the full and credit of the United States of America; (ii) to the extent not subject to redemption prior to their maturity at the option of the obligor thereon and to the extent rated at the time of investment in one of the two the highest rating categories, without regard to any refinement or gradation of such rating, by S&P, Moody's or Fitch, an obligation of any state of the United States of America or any political subdivision thereof or any agency, instrumentality or local government unit of any such state or political subdivision; (iii) investment agreements (A) with any bank, insurance company or other financial institution organized under the laws of the United States or any State (a "Qualified Bank"), (I) having capital and surplus in excess of $5.0 billion and whose unsecured, unenhanced long term debt is rated at least "AA-" or "Aa3"byat leasttwo Rating Agencies; or (II) whose obligations under the investment agreement are guaranteed by an entity which has capital and surplus in excess of $5 billion and whose unsecured, unenhanced long term debt is rated at least "AA-" or "Aa3" by at least two Rating Agencies; and (B) which provides that in the event the provider's or the guarantor's unsecured and unenhanced long term debt is downgraded below "Aa3" or "AA-" by two of such Rating Agencies (ifthree Rating Agencies rate such debt) or by one of two Rating Agencies (if only one or only two Rating Agencies rate the debt), then, within 14 business days from the date of the last applicable downgrade, the provider or guarantor will do one ofthe following: (i) collateralize the investmenl agreement with securities described in clauses (i) or (ii) of this definition, such that the value ofthe collateral pledged is not less than 105% of the principal balance, marked to market not less frequently than weekly, and the collateral is required to be held, free and clear of any lien, by the 5 ~._"" --...."'..".~..._,..". [-"~-"''''~''''~''< <"'~"~"'~"~"" Agency or an independent third party acting solely as agent for the Agency; (ii) obtain a guaranty from an entity whose long term unsecured debt is rated at least "AA-" or "Aa3" by one or more Rating Agencies, or (iii) assign the investment agreement to a Qualified Bank which has capital and surplus in excess of $5.0 billion and whose unsecured, unenhanced long term debt is rated at least "AA-" or "Aa3" by one or more Rating Agencies. "Event of Default" shall mean the occurrence of any event designated as such pursuant to Section 6.01 hereof. "Fiscal Year" shall mean the period commencing on October I of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year of the Agency. "Fitch" means Fitch Ratings, the nationally recognized securities rating firm, and any successor or successors thereto; and if such corporation shall be dissolved or liquidated or shall no longer perform securities rating functions, shall mean any other nationally recognized securities rating firm designated by the Agency and approved by the Insurer and/or the Credit Bank, as applicable. "Guaranty" means the Guaranty Agreement, dated of even date with the Series 2004 Bonds, pursuant to which the City guarantees the timely payment of the principal and interest on the Series 2004 Bonds. "Insurer" shall mean such Person as shall be in the business of insuring or guaranteeing the payment of principal of and interest on municipal securities and with respect to any Series of Bonds, which shall have insured or guaranteed payment of the principal of or interest on such Bonds, and as to the Series 2004 Bonds, means "Interest Payment Date" shall be such date or dates for the payment of interest on a Series of Bonds as shall be provided by Section 2.02 hereof or by Supplemental Resolution. "Agency" shall mean the City of Boynton Beach, Florida. "Maximum Debt Service Requirement" shall mean, as of any particular date of calculation, the greatest annual Debt Service Requirement for the Bonds for the then current or any future Fiscal Year. "Maximum Interest Rate" shall mean, with respect to any particular Variable Rate Bonds, a numerical rate of interest, which shall be set forth in the Supplemental Resolution delineating the details of such Bonds, that shall be the maximum rate of interest such Bonds may at any time bear in the future in accordance with the terms of such Supplemental Resolution. "Moody's" shall mean Moody's Investors Service, Inc., a Delaware corporation, the nationally recognized securities rating firm, and any successor or successors thereto; and if such corporation shall be dissolved or liquidated or shall no longer perform securities rating functions, shall mean any 6 other nationally recognized securities rating finn designated by the Agency and approved by the Insurer and/or the Credit Bank, as applicable. "Outstanding" shall mean all Bonds which have been authenticated and delivered under this Resolution except, (I) Bonds for which irrevocable (including revocable notice which shall have become irrevocable) notice of redemption has been given and for which moneys have been deposited with any Paying Agent(s) solely for the payment of such Bonds, (2) any Bond surrendered by the Holder thereof in exchange for another Bond or other Bonds under Sections 2.15, 2.16 or 2.17 hereof, (3) Bonds deemed to have been paid pursuant to Section 8.01 hereof, and (4) Bonds cancelled after purchase in the open market or because of payment at orredemption prior to maturity. "Parity Note" means the Promissory Note dated September 20, 200 I, made by the Agency in the principal amount of $3,000,000.00 and payable to Bank of America, N.A. "Paying Agent" shall mean any paying agent for Bonds appointed by or pursuant to resolution of the Board of Commissioners, and its successors or assigns, and any other Person which may at any time be substituted in its place pursuant to resolution of the Board of Commissioners. "Person" shall mean an individual, a corporation, a partnership, an association, a joint stock company, a trust, any unincorporated organization or governmental entity. "Pledged Accounts" shall mean, until applied in accordance with the provisions of this Resolution, all moneys, including investments thereof, in the funds and accounts established hereunder, except (i) moneys in any account of the Rebate Fund, and (ii) to the extent moneys on deposit in a subaccount ofthe Reserve Fund and/or an account of the Project Fund are pledged solely for the payment of the Series of Bonds for which such account was established in accordance with the provisions hereof. "Pledged Funds" shall mean all Tax Increment Revenues and the Pledged Accounts. "Project" shall mean any undertaking of the Agency the cost of which is to be paid, in whole or in part, from amounts in the Project Fund. "Project Fund" shall mean the Project Fund established pursuant to Section 4.03 hereof. "Rating Agency" means any of Fitch, Moody's and S&P. "Rebate Fund" shall mean the Rebate Fund established pursuant to Section 4.06 hereof. "Registrar" shall mean any registrar for the Bonds appointed by or pursuant to resolution of the Board of Commissioners and its successors and assigns, and any other Person which may at any time be substituted in its place pursuant to resolution of the Board of Commissioners. "Reserve Fund" shall mean the fund of that name established pursuant to Section 4.03 hereof. 7 "-'" , '.,,'______'·.~r_ .,,^,.....~-_...._,_._,~. . "Reserve Fund Insurance Policy" shall mean an insurance policy deposited in the Reserve Fund in lieu of or in partial substitution for cash on deposit therein pursuant to Section 4.05(B). "Reserve Fund Letter of Credit" shall mean a Credit Facility (other than a Reserve Fund Insurance Policy) issued by any bank or national banking association, insurance company or other financial institution and then on deposit in the Reserve Fund in lieu of or in partial substitution for cash on deposit therein pursuant to Section 4.05(B) hereof "Reserve Fund Requirement" shall mean, for a subaccount in the Reserve Fund, unless otherwise provided with respect to a Series of Bonds by Supplemental Resolution adopted prior to issuance of such Series, as of any date of calculation, an amount of money equal to the lesser of (I) the Maximum Debt Service Requirement for all Series of Bonds to which such subaccount relates, (2) 125% of the average annual Debt Service Requirement for all Series of Bonds to which such subaccount relates calculated on a Fiscal Year basis as of the date of issuance of the most recently issued Series secured by such subaccount, or (3) the sum of 10% of the aggregate initial principal amount of each Series of Bonds to which such subaccount relates (unless the Code requires issue price to be used instead of initial principal amount, in which case, issue price shall be used). In computing the Reserve Fund Requirement, the interest rate on Variable Rate Bonds shall be assumed to be the lesser of (a) the 30-year Revenue Bond Index most recently published by The Bond Buver but in no event published more than two weeks prior to the date of issuance of such Variable Rate Bonds or (b) the Maximum Interest Rate. "Resolution" and "this Resolution" shall mean this instrument, as the same may from time to time be amended, modified or supplemented by any and all Supplemental Resolutions. "Serial Bonds" shall mean all of the Bonds other than the Term Bonds. "Series" shall mean all the Bonds delivered on original issuance in a simultaneous transaction and identified pursuant to Sections 2.01 or 2.02 hereof or in a Supplemental Resolution authorizing the issuance by the Agency of such Bonds as a separate Series, regardless of variations in maturity, interest rate or other provisions. "Series 2004 Bonds" shall mean the Agency's Tax Increment Revenue Bonds, Series 2004, authorized pursuant to Section 2.02 hereof "Series 2004 Project" means various capital projects of the Agency described in the Community Redevelopment Plan of the Agency as maybe in effect from time to time. "S&P" shall mean Standard and Poor's Ratings Services, the nationally recognized securities rating firm, and any successor or successors thereto; and if such corporation shall be dissolved or liquidated or shall no longer perform securities rating functions, shall mean any other nationally recognized securities rating firm designated by the Agency and approved by the Insurer and/or the Credit Bank, as applicable. "State" shall mean the State of Florida. 8 "Subordinated Indebtedness" shall mean any indebtedness of the Agency, subordinate and junior to the Bonds, issued in accordance with the provisions of Section 5.01 hereof, and any Variable Rate Bonds which become Subordinated Indebtedness in accordance with Section 5.02(F) hereof. "Supplemental Resolution" shall mean any resolution of the Agency amending or supplementing this Resolution, adopted and becoming effective prior to the issuance of the Series 2004 Bonds or in accordance with the terms of Article VII hereof. "Taxable Bond" shall mean any Bond which states, in the body thereof, that the interest income thereon is includable in the gross income of the Holder thereof for federal income taxation purposes or that such interest is subject to federal income taxation. "Tax Increment Revenues" shall mean all tax increment revenues received by the Agency and deposited in the redevelopment trust fund of the Agency pursuant to Section 163.387, Florida Statutes. "Term Bonds" shall mean those Bonds which shall be designated as Term Bonds hereby or by Supplemental Resolution. "Variable Rate Bonds" shall mean Bonds issued with a variable, adjustable, convertible or other interest rate which at the date of issue is not fixed as one or more stated percentages for the entire term of such Bonds. The terms herein, "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the singular number include the plural number, and vice versa. SECTION 1.02. Authoritv for This Resolution. This Resolution is adopted pursuant to the provisions ofthe Act. SECTION 1.03. Resolution to Constitute Contract. In consideration of the purchase and acceptance of any or all of the Bonds by those who shall hold the same rrom time to time, the provisions of this Resolution shall be deemed to be and shall constitute a contract between the Agency and the Holders from time to time of the Bonds and shall be a part of the contract of the Agency with any Credit Bank and any Insurer. The pledge made in this Resolution and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the Agency shall be for the equal benefit, protection and security of the Holders of any and all of the Bonds and for the benefit, protection and security of any Credit Bank and any Insurer. All of the Bonds, regardless of the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any ofthe Bonds over any other thereof except as expressly provided in or pursuant to this Resolution. [End of Article I] 9 ,..,<..h"_"-" ,-~-< "..,_._~.u.· '·N".~~"'h,"_."._·. "". <.~~,.,,' ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS SECTION 2.01. Authorization of Bonds. The Agency hereby authorizes the issuance of Bonds of the Agency to be designated as "Boynton Beach Community Redevelopment Agency Tax Increment Revenue Bonds," which may be issued in one or more Series as hereinafter provided. The aggregate principal amount of the Bonds which may be executed and delivered under this Resolution is not limited except as may hereafter be provided by Supplemental Resolution or as limited by the Act or by other applicable law. The Bonds may, if and when authorized by the Agency pursuant to this Resolution or Supplemental Resolution, be issued in one or more Series, with such further appropriate particular designations added to or incorporated in such title for the Bonds of any particular Series as the Agency may determine and as may be necessary to distinguish such Bonds !Tom the Bonds of any other Series. Each Bond shall bear upon its face the designation so determined for the Series to which it belongs. The Bonds shall be issued for such purpose or purposes; shall bear interest at such rate or rates not exceeding the maximum rate permitted by law; and shall be payable in lawful money ofthe United States of America on such dates; all as determined by this Resolution and by Supplemental Resolution. The Bonds shall be issued in such denomination or denominations and such form, whether coupon or registered; shall be dated such date or dates; shall bear such numbers; shall be payable at such place or places; shall contain such redemption provisions; shall have such Paying Agent(s) and Registrar(s); shall mature on such date or dates in such years and amounts; and the proceeds shall be used in such manner all as determined by this Resolution and by Supplemental Resolution. The Agency may issue Bonds which may be secured by a Credit Facility or by a Bond Insurance Policy all as shall be determined by this Resolution or by Supplemental Resolution. SECTION 2.02. Authorization. Descrintion and Terms of Series 2004 Bonds. A Series of Bonds entitled to the benefit, protection and security of this Resolution is hereby authorized in an aggregate principal amount not to exceed $19,575,000 for the principal purpose of paying the cost of the Series 2004 Project. Such Series shall be designated as, and shall be distinguished from the Bonds of all other Series by the title "Boynton Beach Community Redevelopment Agency Tax Increment Revenue Bonds, Series 2004." The Series 2004 Bonds shall be issued as fully registered Bonds; shall be numbered consecutively !Tom one upward in order of maturity preceded by the letter R; shall be in denominations of $5,000 and integral multiples thereof shall be dated, shall be issued in the aggregate principal amounts, shall bear interest at the rates per annum, computed on the basis of a 360-day year consisting of twelve thirty (30) day months, payable on such date or dates (the "Interest Payment Dates"), may have such redemption provisions and shall mature on such dates, not later than 25 years after issuance, and in the amounts, as set forth in a certificate in the form attached hereto as Exhibit A signed by the Chair, and in the absence of the Chair, any other member of the Board of Commissioners, provided, however, that the arbitrage yield on the Series 2004 Bonds, as 10 calculated for purposes of the Code, shall not exceed 7.00%. The Chair, and in the absencc of the Chair, any other member of the Board of Commissioners are jointly and severally authorized to detennine the details of the Series 2004 Bonds within the parameters set forth above, and upon such detennination to execute a certificate it the fonn attached hereto as Exhibit A completed with the details of the Series 2004 Bonds, thereby establishing such details. The principal of and premium, ifapplicable, on the Series 2004 Bonds are payable when due upon presentation and surrender of the Series 2004 Bonds at the office ofthe Paying Agent. Interest payable on any Series 2004 Bond on any Interest Payment Date will be paid by check or draft of the Paying Agent mailed on the Interest Payment Date to the Holder in whose name such Bond shall be registered at the close of business on the 15th day (whether or not a Business Day) of the calendar month next preceding such Interest Payment Date, or, unless otherwise provided by Supplemental Resolution, at the written request and expense of any Holder of at least $500,000 in principal amount of Series 2004 Bonds (or of all Series 2004 Bonds ifless than $500,000 shall be unpaid), by bank wire transfer for the account of such Holder. In the event the interest payable on any Series 2004 Bond is not punctually paid or duly provided for by the Agency on such Interest Payment Date, such defaulted interest will be paid to the Holder in whose name such Bond shall be registered atthe close of business on a special record date for the payment of such defaulted interest as established by notice sent by the Agency to such Holder not less than ten (10) days preceding such special record date. All payments of principal of, premium, if any, and interest on the Series 2004 Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 2.03. Paving Allent and Rellistrar for Series 2004 Bonds. The Agency hereby appoints as the Paying Agent and Registrar with respect to the Series 2004 Bonds, and authorizes the Chair to execute a paying agent and registrar agreement between and the Agency. SECTION 2.04. Award of the Series 2004 Bonds. The Agency hereby detennines that a negotiated sale of the Series 2004 Bonds is in the best interest of the Agency and the citizens and inhabitants of the Agency by reason of the volatility of the market for tax-exempt bonds. The Agency expects to receive and offer to purchase the Series 2004 Bonds in the fonn of a Bond Purchase Contract (the "Bond Purchase Contracf') between the Agency and Banc of America Securities LLC (the "Original Purchaser"). Prior to execution of the Bond Purchase Contract, the Original Purchaser shall file with the Agency the disclosures required by Section 218.385, Florida Statutes and competitive bidding for the Series 2004 Bonds is hereby waived pursuant to the authority of Section 218.385, Florida Statutes. Upon establishment of the tenns of the Series 2004 Bonds, as described in Section 2.02 hereof, the Chair, or in the absence ofthe Chair, any other member of the Board of Commissioners, are, jointly and severally, authorized to award the Series 2004 Bonds to the Original Purchaser, provided that the underwriting discount shall not exceed _% of the principal amount of the Series 2004 Bonds. Upon award of the Series 2004 Bonds, the Chair, or in the absence of the Chair, 11 ,..."..-,.~'~_"""" ~~- -_.~." ___·~'·'·'HX,'_·"·_~'··· any other member of the Board of Commissioners, are hereby jointly and severally authorized and directed for and in the name of the Agency to execute and deliver the Bond Purchase Contract in such form as shall be approved by the official of the Agency executing the same, such execution to constitute conclusive evidence of such approval. SECTION 2.05. Official Statement for Series 2004 Bonds. The Agency hereby authorizes the preparation of a Preliminary Official Statement relating to the Series 2004 Bonds, and authorizes its use in connection with the sale of the Series 2004 Bonds. The Chair, or in the absence of the Chair, any other member of the Board of Commissioners, are jointly and severally authorized to "deem fmal" the Preliminary Official Statement for purposes of Securities and Exchange Commission Rule 15c2-12. The preparation of a final Official Statement for the Series 2004 Bonds, which shall be in substantially the form ofthe Preliminary Official Statement, changed to reflect the terms of the Series 2004 Bonds and otherwise in such form as may be approved by the Chair, or in the absence of the Chair, any other member of the Board of Commissioners, such approval to be conclusively established by the execution thereof, is hereby authorized, and upon preparation thereof the Chair, or in the absence of the Chair, any other member of the Board of Commissioners, are jointly and severally authorized and directed for and in the name of the Agency to execute and deliver the Official Statement, as hereby approved. SECTION 2.06. Book Entrv SYStem for Series 2004 Bonds. The Agency is authorized to enter into a Blanket Issuer Letter of Representation with The Depository Trust Company to establish a book-entry system of ownership ofthe Series 2004 Bonds. SECTION 2.07. Application of Series 2004 Bond Proceeds. Proceeds from the sale of the Series 2004 Bonds, including accrued interest, but excluding the cost of the Bond Insurance Policy for the Series 2004 Bonds, which shall be paid by the Original Purchaser directly to the Insurer, shall be deposited in the Series 2004 Account of the Project Fund. SECTION 2.08. Municipal Bond Insurance Provisions. Notwithstanding any provision to the contrary contained herein, the following provisions shall apply with respect to the Series 2004 Bonds: [TO COME] SECTION 2.09. Execution and Deliverv of the Series 2004 Bonds. The Chair is hereby authorized and directed on behalf of the Agency to execute the Series 2004 Bonds as provided herein, and such officials are hereby authorized and directed upon the execution of the Series 2004 Bonds in the form and manner set forth herein to deliver the Series 2004 Bonds in the amount authorized to be issued hereunder to the Registrar for authentication and delivery to or upon the order of the Original Purchaser upon payment of the purchase price set forth herein. SECTION 2.10. Insurance Commitments. The Agency accepts the Commitment . The Executive Director is authorized to execute, on behalf of the Agency, the Commitment. 12 SECTION 2.11. Execution of Bonds. The Bonds shall be executed in the name of the Agency with the manual or facsimile signature of the Chair. In case anyone or more ofthe officers who shall have signed any ofthe Bonds or whose facsimile signature shall appear thereon shall cease to be such officer ofthe Agency before the Bonds so signed have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed such Bonds had not ceased to hold such office. Any Bond may be signed on behalfofthe Agency by such person who at the actual time ofthe execution of such Bond shall hold the proper office of the Agency, although at the date of such Bond such person may not have held such office or may not have been so authorized. The Agency may adopt and use for such purposes the facsimile signatures of any such persons who shall have held such offices at any time after the date of the adoption of this Resolution, notwithstanding that either or both shall have ceased to hold such office at the time the Bonds shall be actually sold and delivered. SECTION 2.12. Authentication. No Bond of any Series shall be secured hereunder or entitled to the benefit hereof or shall be valid or obligatory for any purpose unless there shall be manually endorsed on such Bond a certificate of authentication by the Registrar or such other entity as may be approved by the Agency for such purpose. Such certificate on any Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Resolution. The form of such certificate shall be substantially in the form provided in Section 2.15 hcreof. SECTION 2.13. Bonds Mutilated. Destroved. Stolen or Lost. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Agency may, in its discretion, issue and deliver, and the Registrar shall authenticate, a new Bond oflike tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the Holder furnishing the Agency and the Registrar proof of such Holder's ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Agency or the Registrar may prescribe and paying such expenses as the Agency and the Registrar may incur. All Bonds so surrendered or otherwise substituted shall be cancelled by the Registrar. If any of the Bonds shall have matured or been called for redemption or be about to mature, instead of issuing a substitute Bond, the Agency may pay the same or cause the Bond to be paid, upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this Section 2.13 shall constitute original, additional contractual obligations on the part of the Agency whether or not the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate Bond shall be entitled to equal and proportionate benefits and rights as to lien on the Pledged Funds to the same extent as all other Bonds issued hereunder and shall be entitled to the same benefits and security as the Bond so lost, stolen or destroyed. SECTION 2. 14. Ne20tiabilitv. Interchan2eabilitv and Transfer. The Bonds issued under this Resolution shall be and have all the qualities and incidents of negotiable instruments under the laws of the State of Florida, subject to the provisions for registration and transfer contained in this Resolution and in the Bonds. So long as any of the Bonds shall remain Outstanding, the Registrar shall keep on behalf of the Agency books for the registration and transfer of the Bonds. 13 .-._,.,._"''''------~..,..~"-_._, ··"..<_w_._··"·_·~_·_,, ..,._....._.,.,~"." .,,"."~.^_..' ,_ Upon surrender thereof at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or such Holder's attorney-in-fact duly authorized in writing, Bonds may, at the option ofthe Holder thereof, be exchanged for an equal aggregate principal amount of registered Bonds of the same Series and maturity of any other authorized denominations. Each Bond shaH be transferable only upon the books of the Agency, at the office of the Registrar, under such reasonable regulations as the Agency may prescribe, by the Holder thereof in person or by such Holder's attorney-in- fact duly authorized in writing upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder or such Holder's duly authorized attorney-in-fact. Upon the transfer of any such Bond, the Agency shaH issue, and cause to be authenticated, in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and Series and maturity as the surrendered Bond. The Agency, the Registrar and any Paying Agent or fiduciary of the Agency shaH deem and treat the Person in whose name any Outstanding Bond shaH be registered upon the books of the Agency as the absolute owner of such Bond, whether such Bond shaH be overdue or not, for the purpose of receiving payment of, or on account of, the principal, premium, if any, and interest on such Bond and for aH other purposes, and aH such payments so made to any such Holder or upon such Holder's order shaH be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid and neither the Agency nor the Registrar nor any Paying Agent or other fiduciary of the Agency shaH be affected by any notice to the contrary. The Registrar, in any case where it is not also the Paying Agent in respect to any Series of Bonds, shaH forthwith (a) foHowing the 15th day of the calendar month next preceding an Interest Payment Date for such Series, (b) foHowing the 15th day next preceding the date of first mailing of notice of redemption of any Bonds of such Series, and (c) at any other time as reasonably requested by the Paying Agent of such Series, certify and furnish to such Paying Agent the names, addresses and holdings of Bondholders and any other relevant infonnation reflected in the registration books. In aH cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the Agency shaH execute and the Registrar shaH authenticate and deliver such Bonds in accordance with the provisions ofthis Resolution. Execution of Bonds by the Chair for purposes of exchanging, replacing or transferring Bonds may occur at or after the time of the original delivery of the Series of which such Bonds are a part. AH Bonds surrendered in any such exchanges or transfers shaH be canceHed by the Registrar. For every such exchange or transfer of Bonds, the Agency or the Registrar may make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or transfer. The Agency and the Registrar shaH not be obligated to make any such exchange or transfer of any Bonds which shaH have been selected for redemption or, in the case of any proposed redemption of Bonds, during the fifteen (15) days next preceding the date of selection of Bonds to be redeemed. SECTION 2.15. Fonn of Bonds. Except for Capital Appreciation Bonds and Variable Rate Bonds, the fonn of which shaH be provided by Supplemental Resolution, the Bonds shall be in substantiaHy the foHowing fonn with such omissions, insertions and variations as may be necessary and/or desirable and approved by the Chair prior to the issuance thereof(which necessity 14 and/or desirability and approval shall be evidenced conclusively by the Agency's delivery of the Bonds to the purchaser or purchasers thereof): [This space intentionally blank] 15 ",_. , . ---~-"." ,",,,.- ....~._..-=--~.".,., ',"',,-...,,. ""~'~="""~--~'~';" No.R BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TAX INCREMENT REVENUE BOND, SERIES_ Date of Interest Rate Maturity Date Original Issue CUSIP % '- ,- Registered Holder: Principal Amount: KNOW ALL MEN BY THESE PRESENTS, that the Boynton Beach Community Redevelopment Agency (the "Agency"), a public body corporate and politic created and existing under and by virtue of the laws of the State of Florida, for value received, hereby promises to pay, solely from the sources of payment hereinafter described, to the Registered Holder identified above, or registered assigns as hereinafter provided, the Principal Amount identified above on the Maturity Date identified above, subject to prior redemption as hereinafter provided, together with interest on such Principal Amount from the Date of Original Issue identified above or ftom the most recent interest payment date to which interest has been paid, at the Interest Rate per annum (calculated on the basis of a 360-day year oftwelve 30-day months) identified above on_ and _of each year commencinK--,_ until such Principal Amount shall have been paid or provided for. Such Principal Amount and interest and the premium, if any, on this bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts. Such Principal Amount and the premium, if any, on this bond, are payable when due upon presentation and surrender hereof at the principal office of_,_, _, as paying agent, or such other paying agent as the Agency shall hereafter duly appoint (the "Paying Agent"). Payment of each installment of interest shall be made to the person in whose name this bond shall be registered on the registration books of the Agency maintained by_, _,_, as registrar, or such other registrar as the Agency shall hereafter duly appoint (the "Registrar"), at the close of business on the date which shall be the 15th day (whether or not a Business Day) ofthe calendar month next preceding each interest payment date and shall be paid by a check or draft of the Paying Agent mailed to such Registered Holder at the address appearing on such registration books or, in the case of a Holder of at least $500,000 principal amount of Bonds (or of all Bonds if less than $500,000 shall be unpaid), and at the written request and expense of such Registered Holder, by bank wire transfer for the account of such Holder. In the event interest payable on this bond is not punctually paid or dulyprovided for by the Agency on such interest payment date, payment of each installment of such defaulted interest shall be made to the person in whose name this bond shall be registered at the close of business on a special record date for the payment of such defaulted interest as established by notice sent by the Agency to such Registered Holder not less than ten (10) days preceding such special record date. 16 This bond is one of an authorized issue of bonds of the Agency in the aggregate principal amount of$ _ (the "Bonds") ofJike date, tenor and effect, except as to maturity date, interest rate, denomination and number, issued under the authority of and in full compliance with the Constitution and laws of the State of Florida, particularly Chapter 163, Part Ill, Florida Statutes and other applicable provisions of law (the "Act"), and a resolution duly adopted by the Board of Commissioners of the Agency on December 6, 2004, as amended and supplemented (the "Resolution"), and is subject to all the terms and conditions of the Resolution. The principal of, a premium, if any, and interest on Ihis bond are payable solely from and secured by a pledge of the Pledged Funds, as defined in and in the manner and to the extent described in the Resolution. It is expressly agreed by the registered Holder of this bond that the full faith and credit of the Agency is not pledged to the payment ofthe principal of, premium, if any, and interest on this bond and that the registered Holder shall never have the right to require or compel the exercise of the ad valorem taxing power of the Agency to the payment of such principal, premium or interest. This bond and the obligation evidenced hereby shall not constitute a lien upon any property of the Agency, except the Pledged Funds, and shall be payable solely rrom the Pledged Funds in accordance with the terms of the Resolution. (INSERT REDEMPTION PROVISIONS) Notice of redemption, unless waived, is to be given by the Registrar by mailing an official redemption notice by first class mail, postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption to the registered holders ofthe Bonds to be redeemed at such holders' addresses shown on the registration books maintained by the Registrar; provided, however, that no defect in any such notice to any registered holder of Bonds to be redeemed nor failure to give such notice to any such registered holder shall in any manner defeat the effectiveness of a call for redemption as to all other registered holders of Bonds to be redeemed. Notice of redemption having been given as aforesaid, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Agency shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Any notice of redemption prepared and mailed as provided in the Resolution shall be conclusively presumed to have been duly given, whether or not the registered Holder receives the notice. This bond is transferable in accordance with the terms of the Resolution only upon the books of the Agency kept for that purpose at the office of the Registrar upon the surrender of this bond together with a written instrument of transfer satisfactory to the Registrar duly executed by the Registered Holder or such Holder's attorney duly authorized in writing, and thereupon a new bond or bonds in the same aggregate principal amount shall be issued to the transferee in exchange therefor, and upon the payment of the charges, if any, prescribed in the Resolution. The Agency, the Registrar and any Paying Agent shall treat the Registered Holder ofthis bond as the absolute owner hereoffor all purposes, whether or not this bond shall be overdue, and shall not be affected by any notice to the contrary. The Agency and the Registrar shall not be obligated to make any exchange or transfer of Bonds during the fifteen (15) days next preceding the date of selection of Bonds to be redeemed, or to make any exchange or transfer of Bonds selected for redemption. 17 M "~"'_''''~_~''_'''__ ""~,,",,,.'4w ».."" ·_.."_~"_~""~~__·"m'_.~~·'·,__ It is hereby certified and recited that all acts, condiIions and prerequisites required to exist, to happen and to be performed precedent to and in connection with the issuance of this bond, exist, have happened and have been performed, in regular and due form and time as required by the Constitution and laws of the State of Florida applicable thereto, and that the issuance of the Bonds does not violate any constitutional or statutory limitaIions or provisions. This bond shall not be valid or become obligatory for any pmpose until the certificate of authentication hereon shall have been manually signed by the Registrar. IN WITNESS WHEREOF, Boynton Beach Community Redevelopment Agency, has issued this bond and has caused the same to be executed by the manual or facsimile signature of its Chair as of the_ day of_, 20_ BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By Chair 18 CERTIFICATE OF AUTHENTICATION This bond is one of the Bonds of the issue described in the within-mentioned Resolution. DATE OF AUTHENTICATION: By: Registrar ]9 . '.,_..._- ,.._."~.".,,,...,,,.."". "-""""",,,,,,,,.,,", The following abbreviations, when used in the inscription on the face of the within bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF TRANS MIN ACT -- (Cust.) Custodian for under Uniform Transfers to Minors Act of_ (State) Additional abbreviations may also be used though not in list above. 20 . ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto _ Insert Social Security or Other Identifying Number of Assignee (Name and Address of Assignee) the within bond and does hereby irrevocably constitute and appoint _, as attorneys to register the transfer ofthe said bond on the books kept for registration thereofwith full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the STAMP, SEMP or MSP signature guaranty medallion program. NOTICE: The signature to this assignment must correspond with the name of the Registered Holder as it appears upon the face ofthe within bond in every particular, without alteration or enlargement or any change whatever and the Social Security or other identifying number of such assignee must be supplied. SECTION 2.16. The City Guarantv. The Series 2004 Bonds shall not be issued unless the City shall have executed and delivered to the Paying Agent the Guaranty. If at any time the funds paid to the Paying Agent by the Agency for the payment of principal of and interest on the Series 2004 Bonds shall be insufficient for such purpose, the Paying Agent shall make demand on the City pursuant to the Guaranty for such funds. In the event the City shall make payment of principal of or interest on the Series 2004 Bonds pursuant to the Guaranty, the City shall be subrogated to the rights ofthe Holders of such Series 2004 Bonds to such payment, provided that any such rights of the City shall be subordinate to any rights of the Insurer to the extent that the Insurer shall have made payments pursuant to the Bond Insurance Policy. In the event the Insurer makes payment pursuant to the Bond Insurance Policy, any amounts subsequently received by the Paying Agent pursuant to the Guaranty shall be used to reimburse the Insurer for amounts owed to it. [End of Article II] 2] -^...__..--.-.__.--...------,,-~...""" ARTICLE III REDEMPTION OF BONDS SECTION 3.0I. Privilege of Redemntion. Any Series of Bonds may be subject to redemption prior to maturity in the manner and on such date or dates as specified hereby or by a Supplemental Resolution adopted prior to the issuance of such Series of Bonds. The tenns of this Article III shall apply to the redemption of Bonds to the extent not modified as to such Bonds by Supplemental Resolution. SECTION 3.02. Selection of Bonds to be Redeemed. The Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. For purposes of any optional redemption of less than all of the Outstanding Bonds of a Series, the amounts of the particular maturity or maturities to be redeemed shall be selected by the Agency. For purposes of any redemption of less than all of the Outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by the Registrar by such method as the Registrar shall deem fair and appropriate and which may provide for the selection for redemption of Bonds or portions of Bonds in principal amounts of$5,000 and integral multiples thereof. Ifless than all ofthe Outstanding Bonds of a single maturity are to be redeemed, the Registrar shall promptly notify the Agency and Paying Agent (if the Registrar is not the Paying Agent for such Bonds) in writing ofthe Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. SECTION 3.03. Notice ofRedemntion. Unless waived by any Holder of Bonds to be redeemed, notice of any redemption of Bonds shall be given by the Registrar on behalf ofthe Agency by mailing a copy of an official redemption notice by first class mail, postage prepaid, at least thirty (30) days and not more than sixty (60) days prior to the date fixed for redemption to each Holder of Bonds to be redeemed at the address of such Holder shown on the registration books maintained by the Registrar. Every official notice of redemption shall be filed by the Registrar with the Paying Agent and shall be dated and shall state: (I) the redemption date, (2) the redemption price, (3) ifless than all Outstanding Bonds of a Series or maturity thereof are to be redeemed, the number (and, in the case of a partial redemption of any Bond, the principal amount) of each Bond of such Series or maturity to be redeemed, (4) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and 22 (5) that such Bonds to be redeemed, whether as a whole or in part, are to be surrcndered for payment of the redemption price plus accrued intcrest at the office of the Paying Agent. A notice of redemption may be conditioned upon the availability of funds to pay the redemption price of the Bonds to be redeemed on the redemption date, and in such event, the notice of redemption shall expressly state that it is subject to such condition. In the event that a conditional notice ofredemption is given and in the event that funds are not available to pay the redemption price of the Bonds so called for redemption, such Bonds shall continue to be Outstanding as if such notice had not been given. Provided, however, that in such event the Registrar shall on behalf ofthe Agency mail a notice to the Holders of the Bonds subject to such conditional notice stating that the condition to the call was not satisfied and that the Bonds shall remain Outstanding. Prior to any redemption date, the Agency shall deposit with the Paying Agent an amount of money sufficient to pay the principal of, premium, if any, and interest on all the Bonds or portions of Bonds which are to be redeemed on that date. The failure to give any notice of redemption, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Bond with respect to which no such failure or defect has occurred. Any notice prepared and mailed as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. SECTION3.04. Redemption of Portions of Bonds. Any Bond which is to be redeemed only in part shall be surrendered at anyplace of payment specified in the notice of redemption (with due endorsement by, or written instnunent of transfer in form satisfactory to the Registrar duly executed by, the Holder thereof or such Holder's attorney-in-fact duly authorized in writing) and the Agency shall execute and the Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds, of the same interest rate and maturity, and of any authorized denomination as requested by such Holder, in an aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bonds so surrendered. SECTION 3.05. Pavment of Redeemed Bonds. Official notice of redemption having been given substantially as aforesaid, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and crom and after such date (unless the Agency shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate redemption price, plus accrued interest. Each check or other transfer of funds issued by the Registrar and/or Paying Agent for the purpose of the payment ofthe redemption price of Bonds being redeemed shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be cancelled by the Registrar and shall not be reissued. [End of Article III] 23 ,,,'.....-.-- ~._,~~"...~'"-^.,..._." ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION 4.01. Bonds Not to be Indebtedness of Agencv. The Bonds shall not be or constitute general obligations or indebtedness ofthe Agency within the meaning of any constitutional or statutory provision, but shall be special obligations of the Agency, payable solely from and secured by a pledge of the Pledged Funds in accordance with the terms of this Resolution. The Agency may cause any Series of Bonds to be payable ¡¡-om and secured by a Credit Facility or a Bond Insurance Policy not applicable to anyone or more other Series of Bonds. The Agency may, as further provided herein, cause one or more Series of Bonds to be payable ¡¡-om one or more subaccounts in the Reserve Fund, or to not be secured by any subaccount in the Reserve Fund. No Holder of any Bond or any Credit Bank or any Insurer shall ever have the right to compel the exercise of the ad valorem taxing power of the Agency to pay such Bond or be entitled to payment of such Bond from any moneys of the Agency except the Pledged Funds, in the manner provided herein. SECTION 4.02. Securitv for Bonds. The payment of the principal of and interest on the Bonds shall be secured forthwith equally and ratably bya pledge of the Pledged Funds; provided, however, a Series of Bonds may be further secured by a Credit Facility or any Bond Insurance Policy not applicable to anyone or more other Series of Bonds, as shall be provided by Supplemental Resolution, in addition to the security provided herein. The Agency does hereby irrevocably pledge the Pledged Funds in the manner provided in this Resolution to the payment of the principal of, premium, if any, and interest on the Bonds. Provided that if the Agency is not in default in the performance of its obligations hereunder, the Agency may use any Tax Increment Revenues in excess of the amount necessary to be used to satisfy the Agency's obligations hereunder for any lawful purpose of the Agency. The pledge of the Tax Increment Revenues to the Series 2004 Bonds is on a parity with the pledge thereof to secure payment of the Parity Note. In addition, the pledge of the Tax Increment Revenues is subordinate to the pledge and assignment thereof pursuant to the Arches Funding Agreements. SECTION 4.03. Funds and Accounts. The Agency covenants and agrees to establish with one or more Authorized Depositories the following separate funds: (I) "Project Fund" (the "Project Fund"), (2) "Debt Service Fund" (the "Debt Service Fund"), and (3) "Reserve Fund" (the "Reserve Fund"), and therein, a "2004 Subaccount" which shall jointly secure all Series of Bonds, unless under the provisions of the Supplemental Resolution(s) authorizing one or more Series of Bonds, such Series of Bonds is or are not to be secured by a subaccount in the Reserve Fund or is or are to be separately secured by a separate subaccount in the Reserve Fund, in which case a separate subaccount in the Reserve Fund may secure only such Series of Bonds. 24 The Agency shall at any time and rrom time to time appoint one or more Authorizcd Depositories to hold, for the benefit of the Agency and/or the Bondholders, anyone or more of the funds and accounts established hereby. Such depository or depositories shall perfonn at the direction of the Agency the duties of the Agency in depositing, transferring and disbursing moneys to and from each of such funds and accounts as herein set forth, and all records of such depository in perfonning such duties shall be open at all reasonable times to inspection by the Agency and its agents and employees. SECTION 4.04. Proiect Fund. The Agency shall establish within the Project Fund a separate account for each Series of Bonds the proceeds of which are to be deposited in whole or in part in the Project Fund. Moneys in each account of the Project Fund, unti! applied in payment of any item ofthe Cost of a Project, shall be held in trust by the Agency and shall be subject to a lien and charge in favor of the Holders of the Series of Bonds the proceeds of which were deposited in such account and held for the further security of such Holders. There shall be paid into the Project Fund the amounts required to be so paid by the provisions of this Resolution or Supplcmental Resolution, and there may be paid into the Project Fund, at the option ofthe Agency, any moneys received for or in connection with a Project by the Agency from any other source. The Agency may make disbursements or payments from the Project Fund to pay the Cost of a Project. Promptly after the date of the completion of a Project, and after paying or making provisions for the payment of all unpaid items of the Cost of such Project, the Agency shall deposit in the following order of priority any balance of moneys remaining in the applicable account of the Project Fund in (I) another account ofthe Project Fund established in connection with another Series of Bonds for which the Authorized Agency Officer has stated that there are insufficient moneys present to pay the Cost of the related Project, (2) one or more subaccounts in the Reserve Fund, to the extent ofa deficiency therein, and (3) (i) the Debt Service Fund or (ii) such other fund or account of the Agency, including those established hereunder, as shall be detennined by the Board of Commissioners, provided the Agency has received an opinion of Bond Counsel to the effect that such transfer to such other fund or account shall not adversely affect the exclusion, if any, of interest on the Bonds from gross income for federal income tax purposes. SECTION 4.05. Debt Service Fund: Reserve Fund. (A) Subject to Sections 4.01 and 4.02 hereof, the Agency shall deposit into or credit to the Debt Service Fund amounts sufficient to provide for the payment of principal and interest due on the Bonds as the same shall become due and payable. Moneys in the Debt Service Fund shall be applied by the Agency to pay the principal of and interest on the Bonds as and when the same shall become due and payable, or to reimburse a Credit Bank for amounts drawn for such purpose, and for no other purpose. Subject to Sections 4.0 I and 4.02 hereof, the Agency shall adjust the amount on deposit in the Debt Service Fund no later than the fifth (5th) day preceding any Interest Payment Date or principal payment date so as to provide sufficient moneys in the Debt Service Fund to pay the debt service on the Bonds becoming due on such Interest Payment Date or principal payment date. (B) If for any reason there shall be a deficiency in any subaccount of the Reserve Fund, subject to Section 4.01, 4.02 and 4.05(A) hereof, the Agency shall deposit into or credit to each 25 - --_.,.-., subaccount of the Reserve Fund such sum, if any, as will be sufficient to restore in not more than 12 months the funds on deposit therein to an amount equal to the Reserve Fund Requirement therefor, including the reinstatement of any Reserve Fund Insurance Policy or ReselVe Fund Letter of Credit on deposit therein or the cash replacement thereof. In the event the amounts available for such purpose shall be insufficient to make all payments required by the preceding sentence, the available amount shall be prorated among the various subaccounts in the Reserve Fund in the same proportion that the Reserve Fund Requirement for each subaccount bears to the total ReselVe Fund Requirement for all such subaccounts. On or prior to each principal payment date and Interest Payment Date for the Bonds, moneys in each subaccount of the Reserve Fund shall be applied by the Agency to the payment of the principal of and interest on the Series of Bonds to which such subaccount relates to the extent moneys in the Debt Service Fund shall be insufficient for such purpose. Whenever upon valuation (see Section 4.07) of any subaccount of the ReselVe Fund there shall be moneys in any subaccount of the Reserve Fund in excess of the Reserve Fund Requirement therefor, such excess moneys shall be deposited by the Agency into the Debt Service Fund. Upon the issuance of any Series of Bonds, under the tenns, limitations and conditions as herein provided, the Agency may provide for the funding of a subaccount in the ReselVe Fund in an amount equal to the Reserve Fund Requirement, if any, for such Series. Whenever moneys on deposit in a subaccount of the Reserve Fund, together with the available amounts in the Debt Service Fund, are sufficient to fully pay all Outstanding Bonds (including principal and interest thereon) of the Series secured by such subaccount in accordance with their tenns, the funds on deposit in such subaccount may be applied to the payment of such Series of Bonds. Notwithstanding the foregoing provisions, with the written consent of each Insurer, if any, of the Series of Bonds secured thereby, in lieu of the required deposits into a subaccount of the Reserve Fund, and/or in substitution for money on deposit in a subaccount ofthe Reserve Fund, the Agency may, at its sole option and discretion, cause to be deposited a Reserve Fund Insurance Policy and/or Reserve Fund Letter of Credit in an amOlmt equal to the difference between the Reserve Fund Requirement applicable thereto and the sums then on deposit in such subaccount of the ReselVe Fund, if any, and, in the case of a substitution of a Reserve Fund Insurance Policy and/or Reserve Fund Letter of Credit for money on deposit in such subaccount ofthe Reserve Fund, the Agency may withdraw money from such subaccount of the Reserve Fund in excess of the Reserve Fund Requirement and may use such money for any lawful purpose provided the Agency first obtains an opinion of Bond Counsel that such use is pennitted and will not, in and of itself, adversely affect the exclusion from gross income of interest on any Bonds other than any Taxable Bonds. Such Reserve Fund Insurance Policy and/or Reserve Fund Letter of Credit shall be payable to the Paying Agent for such Series (upon the giving of notice as required thereunder) on any interest payment or redemption date on which a deficiency exists which cannot be cured by funds in any other fund or account held pursuant to this Resolution and available for such purpose. Iffive (5) days prior to any date on which principal or interest is due to be paid on the Bonds, the Agency shall determine that a deficiency exists in the amount of moneys available to pay in accordance with the tenns hereof interest and/or principal due on Bonds on such date, the Agency shall immediately notify (a) the issuer of the applicable Reserve Fund Insurance Policy and/or the 26 Agency of the Reserve Fund Letter of Credit, and (b) the Insurer, if any, of the amount of such deficiency and the date on which such payment is due, and shall take all action to cause such Agency or insurer to provide moneys sufficient to pay all amounts of principal and interest due on such date, If a disbursement is made from a Reserve Fund Insurance Policy and/or Reserve Fund Letter of Credit provided pursuant to this Section 4.05(B), the Agency shall reinstate the maximum limits of such Reserve Fund Insurance Policy and/or Reserve Fund Letter of Credit following such disbursement from moneys becoming available in the applicable subaccount of the Reserve Fund, by depositing funds in the amount of the disbursement made under such instrument with the Agency thereof, In addition, after the amount on deposit in the applicable subaccount of the Reserve Fund equals the Reserve Fund Requirement therefor, the Agency shall reimburse the issuer ofthe Reserve Fund Insurance Policy and/or the Agency of the Reserve Fund Letter of Credit for interest and all reasonable expenses incurred by such issuer in connection with the draw on such Reserve Fund Insurance Policy or the Reserve Fund Letter of Credit, as the case may be, if the Agency is so obligated under the tenns of the Reserve Fund Insurance Policy, or Reserve Fund Letter of Credit. The Agency may evidence its obligation to reimburse the issuer of any Reserve Fund Letter of Credit or Reserve Fund Insurance Policy by executing and delivering to such issuer a promissory note or other written evidence thereof, provided, however, any such note or written evidence (a) shall not be a general obligation of the Agency the payment of which is secured by the full faith and credit or taxing power of the Agency, and (b) shall be payable solely from moneys available in the applicable subaccount of the ReserveFund in accordance with the provisions of this Section 4.05(B). SECTION 4.06, Rebate Fund. There is hereby ordered established with an authorized depository a fund to be known as the "Rebate Fund" and therein an account to be known as the "Series 2004 Account." If so provided by Supplemental Resolution with respect to any Series of Bonds, the Agency may establish a separate account in the Rebate Fund. Amounts on deposit in any account in the Rebate Fund shall be held in trust by the Agency and used solely to make required payments to the United States Treasury (except to the extent the same may be transferred to the Debt Service Fund) and the Bondholders shall have no right to have the same applied for debt service on the Bonds. The Agency agrees to undertake all actions required of it pursuant to Section 5.12 hereof, including, but not limited to: (I) making a detennination in accordance with the Code of the amount necessary to be deposited in the Rebate Fund; (2) depositing into the Rebate Fund from Pledged Funds or from other moneys of the Agency legally available for such purpose the amount detennined in clause (I) above; (3) paying on the dates and in the manner required by the Code to the United States Treasury from the Rebate Fund and any other legally available moneys ofthe Agency such amounts as shall be required by the Code to be rebated to the United States Treasury; and (4) keeping such records of the detenninations made pursuant to this Section 4.06 as shall be required by the Code, as well as evidence of the fair market value of any investments purchased with proceeds of the Bonds of the Series of which such accounts were created. 27 ""~~.,.-.-<",,.....~,~ ---"~._.~.~ ·_,~".~~,.~,·_,"-,-,,,,~~__w _" If at any time the Agency shall determine that the amount on deposit in the Rebate Fund exceeds the amount necessary to be on deposit therein to satisfy the foregoing covenants of the Agency, the Agency may use all or a portion of the amount on deposit in the Rebate Fund for any lawful purpose of the Agency. SECTION 4.07. Investments. All funds and accounts hereunder shall be continuously secured in the malUler by which the deposit of public funds are authorized and required to be secured by the laws of the State. Moneys on deposit in the Reserve Fund, Project Fund, the Rebate Fund and the Debt Service Fund may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed. Any and all income received by the Agency from the investment of moneys in the funds and accounts established pursuant to this Resolution shall be retained in such respective fund or account unless otherwise required by applicable law, provided that income received by the Agency from the investment of moneys in any subaccount of the Reserve Fund to the extent the amount therein is greater than the Reserve Fund Requirement shall be deposited in the Debt Service Fund. Nothing contained in this Resolution shall prevent any Authorized Investments acquired as investments of or security for funds held under this Resolution from being issued or held in book-entry fonn on the books of the Department of the Treasury of the United States. All investments shall be valued at their fair market values. Amounts in the Reserve Fund shall be valued on each Interest Payment Date after the payments due on the Bonds on such date shall have been made. SECTION 4.08. Senarate Accounts. The moneys required to be accounted for in each of the foregoing funds and accounts established herein may be deposited in a single bank account, and funds allocated to the various funds and accounts established herein may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds and accounts as herein provided. The designation and establishment of the various funds and accounts in and by this Resolution shall not be construed to require the establishment of any completely independent, self- balancing funds as such tenn is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as herein provided. [End of Article IV] 28 ARTICLE V SUBORDINATED INDEBTEDNESS ADDITIONAL BONDS, AND COVENANTS OF AGENCY SECTION 5.01. Subordinated Indebtedness. The Agency will not issue any other obligations, except under the conditions and in the manner provided herein, payable from the Pledged Funds or voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien thereon in favor of the Bonds and the interest thereon. The Agency may at any time or from time to time issue evidences of indebtedness that are not Additional Bonds and that are payable in whole or in part out of the Pledged Funds and which may be secured by a pledge of the Pledged Funds; provided, however, that such pledge shall be, and shall be expressed to be, subordinated in all respects to the pledge of the Pledged Funds created by this Resolution. The Agency shall have the right to covenant with the holders from time to time of any Subordinated Indebtedness to add to the conditions, limitations and restrictions under which any Additional Bonds may be issued pursuant to Section 5.02 hereof. SECTION 5.02. Issuance of Additional Bonds. No Additional Bonds, payable from the Pledged Funds on a parity with the Bonds then Outstanding pursuant to this Resolution, shall be issued except upon the conditions and in the manner herein provided. The Agency may issue one or more Series of Additional Bonds for any purpose pennitted by law. No Additional Bonds shall be issued or incurred unless the following conditions are complied with: (A) The Agency shall certify that it is current in all deposits into the various funds and accounts established hereby and all payments theretofore required to have been deposited or made by it under the provisions of this Resolution and has complied with the covenants and agreements of this Resolution. (B) The Agency shall certify that the amount of Tax Increment Revenues adjusted as provided in Section 5.02(E) hereof for the immediately preceding Fiscal Year or any twelve (12) consecutive months selected by the Agency of the eighteen (18) months immediately preceding the issuance of such Additional Bonds, as the case may be, equals at least t .25 times the Maximum Debt Service Requirement for all Outstanding Bonds and such Additional Bonds then proposed to be issued, and that no Event of Default has occurred, or if an Event of Default has occurred, that it shall have been cured. (C) In computing the Maximum Debt Service Requirement for purposes of this Section 5.02, the interest rate on outstanding Variable Rate Bonds, and on any additional parity Variable Rate Bonds then proposed to be issued, shall be deemed to be the greater of (i) the actual rate of interest borne by such Variable Rate Bonds on the date of calculation and (ii) the lesser of (a) the Maximum Interest Rate applicable thereto and (b) the average of The Bond Buver 20 Revenue Bond Index for a period of 52 consecutive weeks selected by the Agency ending not more than sixty days prior to the date of issuance of such Variable Rate Bonds. In addition, in connection with the 29 .·.'O····_,~~·,,~......'^____...___..~"'.·'"'..·0~_. issuance of any Variable Rate Bonds, at the time of issuance of such Variable Rate Bonds, the Maximum Interest Rate applicable thereto shall be established. (D) For the purposes ofthis Section 5.02, the phrase "immediately preceding Fiscal Year or any twelve (12) consecutive months selected by the Agency of the eighteen (18) months immediately preceding the issuance of such Additional Bonds" shall be sometimes referred to as "twelve consecutive months." (E) If the Agency, prior to the issuance of the proposed Additional Bonds but not prior to the beginning of such twelve consecutive months, shall have expanded the geographic boundaries of the area from which the Tax Increment Revenues are received, the Tax Increment Revenues for the twelve consecutive months shall be adjusted to show the Tax Increment Revenues which would have been derived in such twelve consecutive months if such expanded boundary had been in effect during all of such twelve consecutive months. (F) Except as otherwise provided herein, Additional Bonds shall be deemed to have been issued pursuant to this Resolution the same as the Outstanding Bonds, and all of the other covenants and other provisions of this Resolution (except as to details of such Additional Bonds inconsistent therewith) shall be for the equal benefit, protection and security of the Holders of all Bonds issued pursuant to this Resolution; provided, however, any Supplemental Resolution authorizing the issuance of Additional Bonds may provide that any of the covenants herein contained will not be applicable to such Additional Bonds, provided that such provision shall not, in the opinion of Bond Counsel, adversely affect the rights of any Bonds which shall then be Outstanding. Except as expressly provided herein or in a Supplemental Resolution, all Bonds, regardless ofthe time or times of their issuance, shall rank equally with respect to their lien on the Pledged Funds and their sources and security for payment therefrom without preference of any Bonds over any other; provided, however, that the Agency shall include a provision in any Supplemental Resolution authorizing the issuance of Variable Rate Bonds pursuant to this Section 5.02 that in the event the principal thereof is accelerated due to such Bonds being held by the Agency of a Credit Facility, the lien of such Bonds on the Pledged Funds shall be subordinate in all respects to the pledge of the Pledged Funds created by this Resolution. (G) In the event any Additional Bonds are issued in whole or in part for the purpose of refunding any Bonds then Outstanding, the conditions of Section 5.02(B) shall not apply, provided that the issuance of such Additional Bonds shall not result in an increase in the aggregate amount of principal of and interest on the Outstanding Bonds becoming due in the current Fiscal Year or any subsequent Fiscal Years. The conditions of Section 5.02(B) hereof shall apply to Additional Bonds issued to refund Subordinated Indebtedness and to Additional Bonds issued for refunding purposes which cannot meet the conditions of this paragraph. SECTION 5.03. Bond AnticiDation Notes. The Agencymayissue notes in anticipation of the issuance of Bonds which shall have such terms and details and be secured in such manner, not inconsistent with this Resolution, as shall be provided by resolution of the Agency. SECTION 5.04. Accession of Subordinated Indebtedness to Paritv Status with Bonds. The Agency may provide for the accession of Subordinated Indebtedness to the status of complete 30 parity with the Bonds, ifthe Agency shall meet all the requirements imposed upon the issuance of Additional Bonds by Section 5.02 hereof, assuming, for purposes of said requirements, that such Subordinated Indebtedness shall be Additional Bonds. Ifthe aforcmentioned conditions arc saIisfied, the Subordinated Indebtedness shall be deemed to have been issued pursuant to this Resolution the same as the Outstanding Bonds, and such Subordinated Indebtedness shall be considered Bonds for all purposes provided in this ResoluIion. SECTION 5.05. Annual Budget. The Agency shall annually prepare and adopt an Annual Budget in accordance with applicable law. The Agency shall mail copies of such Annual Budgets and amended Annual Budgets to any Holder who shall file an address with the Executive Director and request in writing that copies of all such Annual Budgets be furnished to such Holder. The Agency shall be permitted to make a reasonable charge for furnishing to any Holder such Annual Budgets. SECTION 5.06. RedeveloDment Trust Fund. The Agency covenants to deposit all tax increment revenues received by it in the redevelopment trust fund as required by the Act. The Agency covenants that at the end of each Fiscal Year, any amount in the redevelopment trust fund that is not to be used for a purpose described in Section I 63.387(7)(b) or (d) shall be set aside in a separate escrow designated within the redevelopment trust fund and used for a purpose described in Section I 63.387(7)(c). SECTION 5.07. Books and Records. The Agency will keep books, records and accounts of the receipt of the Pledged Funds in accordance with generally accepted accounting principles, and any Credit Bank, Insurer, or Holder of any Bonds Outstanding or the duly authorized representatives thereof shall have the right at all reasonable times to inspect all books, records and accounts of the Agency relating thereto. The Agency covenants that within one year after the close of each Fiscal Year it will cause to be prepared and filed with the Executive Director and mailed to all Credit Banks, Insurers and Holders who shall have filed their names and addresses with the Executive Director for such purpose a statement setting forth in respect of the preceding Fiscal Year; (A) the amount of the Pledged Funds received in the preceding Fiscal Year; (B) the total amounts deposited to the credit of each fund and account created under the provisions of this Resolution; (C) the principal amount of all Bonds issued, paid, purchased or redeemed; and (D) the amounts on deposit at the end of such Fiscal Year to the credit of each such fund or account. SECTION 5.08. Annual Audit. The Agency shall, within one year after the close of each Fiscal Year, cause the financial statements of the Agency to be properly audited by a recognized independent firm of certified public accountants, and shall require such accountants to complete their report of such Annual Audit in accordance with applicable law. A copy of each Annual Audit shall regularly be furnished to any Credit Bank, to any Insurer and to any Holder who shall have furnished an address to the Executive Director and requested in writing that the same be furnished to such Holder. The Agency shall be permitted to make a reasonable charge for furnishing to any Holder such Annual Audit. 31 '''"''"~'''''-^-'~- "..~." . ._.. ..._~,~.,-,."."'~ .,~, -'.,-,-,--,.. '....~ -"" ',"._~- ." .. '"^-', ~"-''',~''-'''' SECTION 5.09. No Imnairment. The pledging of the Pledged Funds in the manner provided herein shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution or other proceedings of the Board of Commissioners. SECTION 5.10. Covenants with Credit Banks and Insurers. The Agency may make such covenants as it may in its sole discretion, detennine to be appropriate with any Insurer, Credit Bank or other financial institution that shall agree to insure or to provide for Bonds of anyone or more Series credit or liquidity support that shall enhance the security or the value of such Bonds. Such covenants may be set forth in the applicable Supplemental Resolution and shall be binding on the Agency, the Registrar, the Paying Agent and all the Holders of Bonds the same as if such covenants were set forth in full in this Resolution. SECTION 5.11. Federal Income Tax Covenants: Taxable Bonds. (A) The Agency covenants with the Holders of each Series of Bonds (other than Taxable Bonds), that it shall not use the proceeds of such Series of Bonds in any manner which would cause the interest on such Series of Bonds to be or become includable in the gross income of the Holder thereof for federal income tax purposes. (B) The Agency covenants with the Holders of each Series of Bonds (other than Taxable Bonds) that neither the Agency nor any Person under its control or direction will knowingly make any use ofthe proceeds of such Series of Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause such Series of Bonds to be arbitrage bonds within the meaning of Section 148 of the Code, and neither the Agency nor any such other Person shall knowingly do any act or fail to do any act which would cause the interest on such Series of Bonds to become includable in the gross income of the Holder thereof for federal income tax purposes. Specifically, without intending to limit in any way the generality of the foregoing, the Agency covenants and agrees: (I) to pay to the United States of America from amounts in the Rebate Fund and from any other legally available funds, at the times required pursuant to Section 148( f) ofthe Code, the excess of the amount earned on all non-purpose investments (as defined in Section 148(f)(6) of the Code) (other than investments attributed to an excess described in this sentence) over the amount which would have been earned if such non-purpose investments were invested at a rate equal to the yield on the Bonds, plus any income attributable to such excess (the "Rebate Amount"); (2) to maintain and retain all records pertaining to and to be responsible for making or causing to be made all determinations and calculations ofthe Rebate Amount and required payments of the Rebate Amount as shall be necessary to comply with the Code; (3) to refrain from using proceeds from the Bonds in a manner that would cause the Bonds or any of them, to be classified as private activity bonds under Section l41(a) of the Code; and 32 (4) to take any action that would prevent, and to refrain fÌom taking any action that would cause, the Bonds, or anyofthem, to become arbitrage bonds under Section I 03(b) and Section 148 of the Code. The Agency understands that the foregoing covenants impose continuing obligations on the Agency to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter I of the Code so long as such requirements are applicable. Unless otherwise specified in a Supplemental Resolution, the Agency shall designate a certified public accountant, Bond Counsel, or other professional consultant having the skill and expertise necessary (the "Rebate Analyst") to make any and all calculations required pursuant to this Section regarding the Rebate Amount. Such calculation shall be made in the manner and at such times as specified in the Code. The Agency shall engage and shall be responsible for paying the fees and expenses of the Rebate Analyst. (C) The Agency may, if it so elects, issue one or more Series of Taxable Bonds, the interest on which is includible in the gross income of the Holder thereoffor federal income taxation purposes, so long as each Bond of such Series states in the body thereof that inlerest payable thereon is subject to federal income taxation and provided that the issuancethereofwill not cause the interest on any other Bonds theretofore issued hereunder to be or become includable in the gross income of the Holder thereof for federal income tax purposes. The covenants set forth in subsections (A) and (B) of this Section 5.11 shall not apply to any Taxable Bonds. SECTION 5.12. Nonpresentment of Bonds: Disposition of Unclaimed Monev. In the event any Bond shall not be presented for payment when the principal thereof becomes due, either at maturity, or otherwise, if funds sufficient to pay any such Bond shall have been made available to any Paying Agent for the benefit of the Holder thereof, all liability of the Agency to the Holder thereoffor the payment of such Bond shall forthwith cease, determine and be completely discharged, and thereupon it shall be the duty of such Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the Holder of such Bond, who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on the part of such Holder under this Resolution or on, or with respect to, such Bond. Any moneys so deposited with and held by such Paying Agent for the payment of Bonds not so claimed within seven years after the date the payment of such Bonds shall have become due, whether at maturity or otherwise, shall be presumed abandoned and shall be returned to the Agency, and the Agency shall comply with the provisions of Chapter 717, Florida Statutes, or any successor thereof, in respect of such moneys. SECTION 5.13. Continuing Disclosure Compliance. The Agency hereby covenants and agrees that, so long as any ofthe Series 2004 Bonds remain outstanding, it will provide, in a manner consistent with Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") (a) to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate depository designated by the State of Florida ("SID") if any, (i) on or before one year after each fiscal year end, financial information and operating data of the Agency, and for so long as the City is a guarantor of the Series 2004 Bonds pursuant to the Guaranty, of the City, for such fiscal year of the type included in the Official Statement for the Series 2004 Bonds, including, but not necessarily limited to the operating data contained under the caption "SECURITY AND 33 "'..__..-.~,,""'._-- --'''''',.-,-, SOURCES OF PAYMENT-Tax Increment Revenues and -The City Guaranty" and (ii) if not submitted as part of the annual financial information pursuant to (i), then, when and if available, audited financial statements of the Agency, and for so long as the City is a guarantor of the Series 2004 Bonds pursuant to the Guaranty, of the City, prepared in accordance with generally accepted accounting principles; (b) in a timely manner, to each NRMSIR or the Municipal Securities Rulemaking Board ("MSRB"), and to the appropriate SID, if any, written notice of the occurrence of any of the following events with respect to the Series 2004 Bonds, ifmaterial: (i) principal and interest payment delinquencies; (ii) non-payment related defaults; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; (v) adverse tax opinions, or events affecting the tax-exempt status ofthe security; (vi) modifications to rights of security holders; (vii) any call ofthe Series 2004 Bonds forredemption other than mandatory sinking fund redemptions of Term Bonds; (viii) defeasances; (ix) release, substitution, or sale of property securing the repayment of the securities; (x) substitution of credit or liquidity providers, or their failure to perform; (xi) rating changes; (xii) any change in the fiscal year of the Agency; (c) in a timely manner, to each NRMSIR or the MSRB, and to the appropriate SID, ifany, written notice of a failure of the Agency to provide the financial information described in (a)(i) above, on or before the date specified above, and (d) any other information required to be disclosed to any person to whom it is required to be disclosed by the Rule. The Agency also covenants to promptly provide a copy of the above information to the Paying Agent, each Insurer and the Original Purchaser ofthe Series 2004 Bonds. The Paying Agent shall provide such information to any requesting Bondholder of the Series 2004 Bonds and any requesting Beneficial Owners, provided that the Paying Agent shall be entitled to charge such requesting Bondholder or Beneficial Owner an amount sufficient to reimburse the itselffor costs incurred for copying and shipping such information. The foregoing covenants shall run to the benefit of the Series 2004 Bondholders and the Beneficial Owners. However, failure to meet the covenants set forth in this Section 5.15 shall not be deemed to constitute an Event of Default or a breach of any other covenant under this Resolution or any Supplemental Resolution and the sole remedy for such a default or breach shall be as described in the next paragraph. The Bondholder of any Series 2004 Bond or any Beneficial Owner may either at law or in equity, by suit, action, mandamus or other proceeding in any court or competent jurisdiction, protect and enforce any and all rights granted or contained in this Section 5.14 and may enforce any compel the performance of all duties required hereby to be performed by the Agency or by any officers thereof. Notwithstanding the foregoing, the enforcement of the covenants contemplated hereby shall not affect the validity or enforceability of the Series 2004 bonds. Notwithstanding any other provision of this Resolution, this Section 5.14 may be amended only as follows: (a) the amendment may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the Agency or the type of business conducted by the Agency; (b) the provisions of this Section 5.14, as amended, would have complied with the requirements of Rule 15c2-12 of the Securities and Exchange Commission as in effect as of the date of issuance of the Series 2004 Bonds, after taking into account any amendments or interpretations of the Rule, as well as any 34 change in circumstances; and (c) the amendment does not materially impair the interest of the Series 2004 Bondholders and/or Beneficial Owners as determined by an opinion of Bond Counsel delivered to the Agency, or by approving vote of the Beneficial Owners of the Series 2004 Bonds at the time ofthe amendment. In the event of any amendment hereto, the annual financial information provided subsequent to such amendment shall explain, in narrative form, the reasons for the amendment and the impact ofthe change in the type of operating data or financial information being provided by the Agency. If the amendment affects the accounting principles to be followed in preparing [mancial statements of the Agency, the annual financial information for the year in which the change is made must present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison must include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information, in order to provide information to investors to enable them to evaluate the ability of I. he Agency to meet its obligations. To the extent reasonably feasible, the comparison should also be quantitative. A notice of the change in the accounting principles must be sent to each NRMSIR or the MSRB and the appropriate SID, if any. [End of Article V] ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01. Events of Default. The following events shall each constitute an Event of Default hereunder: (A) Default shall be made in the payment ofthe principal of or interest on any Bond when due. (B) There shall occur the dissolution or liquidation of the Agency, or the filing by the Agency of a voluntary petition in bankruptcy, or the commission by the Agency of any act of bankruptcy, or adjudication of the Agency as bankrupt, or assignment by the Agency for the benefit of its creditors, or appointment of a receiver for the Agency, or the entry by the Agency into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Agency in any proceeding for its reorganization instituted under the provisions of the Federal Bankruptcy Act, as amended, or under any similar act in any jurisdiction which may now be in effect or hereafter enacted. (C) The Agency shall default in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in the Bonds or in this Resolution on the part of the Agency to be performed, other than Section 5.15 hereof, and such default shall continue for a period of thirty (30) days after written notice of such default shall have been received ITom any Insurer or the Holders of not less than twenty-five percent (25%) of the aggregate principal amount of Bonds Outstanding or any Credit Banl<- Notwithstanding the foregoing, the Agency shall not be deemed in default hereunder if such default cannot be cured within such thirty (30) days, but 35 .">-_..~- ,~,_.~,~-~-,_. . can be cured within a reasonable period oftime, ifthe Agency in good faith institutes curative action and diligently pursues such action until the default has been corrected. SECTION 6.02. Remedies. Any Holder of Bonds issued under the provisions of this Resolution or any trustee or receiver acting for such Bondholders may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State, or granted and contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution or by any applicable statutes to be performed by the Agency or by any officer thereof. This paragraph shall not be deemed to be a waiver by the Agency of its venue rights. Subject to Section 6.07 hereof, upon the occurrence of an Event of Default, the Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding may by written notice to the Agency declare the principal of the Bonds to be immediately due and payable, whereupon that portion of the principal of the Bonds thereby coming due and the interest thereon accrued to the date of payment shall, without further action, become and be immediately due and payable. The Holder or Holders of not less than a majority in aggregate principal amount ofthe Bonds then Outstanding may by a duly executed certificate in writing appoint a trustee for Holders of Bonds issued pursuant to this Resolution with authority to represent such Bondholders in any legal proceedings for the enforcement and protection of the rights of such Bondholders and such certificate shall be executed by such Bondholders or their duly authorized attorneys or representatives, and shall be filed in the office of the Executive Director. Notice of such appointment, together with evidence ofthe requisite signatures of the Holders of not less than a majority in aggregate principal amount of Bonds Outstanding and the trust instrument under which the trustee shall have agreed to serve shall be filed with the Agency and the trustee and notice of appointment shall be given to all Holders of Bonds in the same manner as notices of redemption are given hereunder. The Holders of not less than a majority in aggregate principal amount of all the Bonds then Outstanding may remove the trustee initially appointed and appoint a successor and subsequent successors at any time. SECTION 6.03. Directions to Trustee as to Remedial Proceedinl!s. The Holders of a majority in principal amount of the Bonds then Outstanding (or any Insurer insuring, or any Credit Bank providing a Credit Facility for, any then Outstanding Bonds) have the right, by an instrument or concurrent instruments in writing executed and delivered to any trustee appointed pursuant to Section 6.02 hereof, to direct the method and place of conducting all remedial proceedings to be taken by any trustee hereunder, provided that such direction shall not be otherwise than in accordance with law or the provisions hereof, and that such trustee shall have the right to decline to follow any such direction which in the opinion of such trustee would be unjustly prejudicial to Holders of Bonds not parties to such direction. SECTION 6.04. Remedies Cumulative. No remedy herein conferred upon or reserved to the Bondholders is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. 36 SECTION 6.05. Waiver of Default. No delay or omission of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default, or an acquiescence therein; and every power and remedy given by Section 6.02 of this Resolution to the Bondholders may be exercised from time to time, and as often as may be deemed expedient. SECTION 6.06. ADDlication ofMonevs After Default. If an Event of Default described in Section 6.0I(A) or (B) shall happen and shall not have been remedied, the Agency or a court-appointed trustee or receiver shall apply all Pledged Funds as follows and in the following order: (A) To the payment ofthe reasonable and proper charges, expenses and liabilities of the trustee or receiver, Registrar and Paying Agent (if not the Agency) hereunder; and (B) To the payment of the principal of, premium, if any, and interest then due on the Bonds, as follows: (I) Unless the principal of all the Bonds shall have become due and payable, all such moneys shall be applied: FIRST: to the payment to the Persons entitled thereto of all installments of interest then due, in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the Persons entitled thereto, without any discrimination or preference; SECOND: to the payment to the Persons entitled thereto of the unpaid principal of any of the Bonds which shall have become due at maturity or upon mandatory redemption prior to maturity (other than Bonds called for redemption for the payment of which moneys are held pursuant to the provisions of Section 8.01 of this Resolution), in the order of their due dates, with interest upon such Bonds !Tom the respective dates upon which they became due, and, if the amount available shall not be sufficient to pay in full Bonds due on any particular date, together with such interest, then to the payment first of such interest, ratably according to the amount of such interest due on such date, and then to the payment of such principal, ratably according to the amount of such principal due on such date, to the Persons entitled thereto without any discrimination or preference; and THIRD: to the payment of the principal of and premium, if any, of any Bonds called for optional redemption pursuant to the provisions of this Resolution. (2) If the principal of all the Bonds shall have become due and payable, all such moneys shall be applied to the payment of the principal and interest then due and unpaid upon the Bonds, with interest thereon as aforesaid, without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest, to the Persons entitled thereto without any discrimination or preference. 37 .--,.._.."._---~--,.,.-"" "-.,..;-,,.~.__..~_.. '.. SECTION 6.07. Control bv Insurer or Credit Bank. Upon the occurrence and continuance of an Event of Default, each Insurer or Credit Bank, if such Insurer or Credit Bank shaH have honored aH of its commitments under its Bond Insurance Policy or its Credit Facility, as the case may be, shaH be entitled to direct and control the enforcement of aH rights and remedies with respect to the Bonds it shaH insure or for which such Credit Facility is provided. [End of Article VI] 38 ARTICLE VII SUPPLEMENTAL RESOLUTIONS SECTION 7.01. Supplemental Resolution Without Bondholders' Consent. Except as provided herein, subsequent to the issuance of Bonds, no amendment, revision or revocation of this Resolution shall be enacted by the Agency. The Agency, from time to time and at any time, may adopt such Supplemental Resolutions without the consent ofthe Bondholders (which Supplemental Resolution shall thereafter fonn a part hereof) for any of the following purposes: (A) To cure any ambiguity or fonnal defect or omission or to correct any inconsistent provisions in this Resolution or to clarify any matters or questions arising hereunder. (B) To grant to or confer upon the Bondholders any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the Bondholders. (C) To add to the conditions, limitations and restrictions on the issuance of Bonds under the provisions of this Resolution other conditions, limitations and restrictions thereafter to be observed. (D) To add to the covenants and agreements of the Agency in this Resolution other covenants and agreements thereafter to be observed by the Agency or to surrender any right or power herein reserved to or conferred upon the Agency. (E) To specify and determine at any time prior to the first delivery ofany Series of Bonds any matters and things relative to such Bonds which are not contrary to or inconsistent with this Resolution as theretofore in effect, or to amend, modify or rescind any such authorization, specification or detennination. (F) To authorize Projects or to change or modify the description of any Project. (G) To specify and detennine matters necessary or desirable for the issuance of Capital Appreciation Bonds or Variable Rate Bonds. (H) To authorize Additional Bonds or Subordinated Indebtedness. (I) To maintain or obtain a rating on any Bonds, to implement or discontinue, if necessary, a book-entry system of registration of Bonds or to preserve the tax-exempt status of Bonds. (J) To make amendments pennitted by Section 5.13 hereof. (K) To make any other change that, in the opinion of Bond Counsel, would not materially adversely affect the security for the Bonds. In making such detennination, Bond Counsel shall not take into consideration any Bond Insurance Policy. 39 ...",~,,,<.,--_. -~~'.""'''~..-'~'- Except Supplemental Resolutions described in subsections (E), (F), (H) and (1) of this Section 7.01 in compliance with all applicable provisions hereof, no Supplemental Resolution adopted pursuant to this Article VII shall become effective unless approved by every Insurer; and the Agency covenants and agrees to furnish to each Insurer an executed original transcript of the Agency's proceedings with respect to the adoption of each Supplemental Resolution. SECTION 7.02. Supnlemental Resolution With Bondholders'. Insurer's and Credit Bank's Consent. Except as otherwise provided in Section 7.03 hereof, subject only to the tenns and provisions contained in Section 5. I3 hereof and in this Section 7.02, the Holder or Holders of not less than a majority in aggregate principal amount ofthe Bonds then Outstanding shall have the right, from time to time, to consent to and approve the adoption of such Supplemental Resolution or Resolutions hereto as shall be deemed necessary or desirable by the Agency for the purpose of supplementing, modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Resolution; provided, however, that if such modification or amendment will, by its terms, not take effect so long as any Bonds of any specified Series or maturity remain Outstanding, the consent ofthe Holders of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Outstanding Bonds under this Section 7.02. Any Supplemental Resolution which is adopted in accordance with the provisions of this Section 7.02 shall also require the written consent of the Insurer of, or any Credit Bank providing a Credit Facility for, any Bonds which are Outstanding at the time such Supplemental Resolution shall take effect. Except with the consent of the Holders of all Bonds Outstanding so affected by such Supplemental Resolution, no Supplemental Resolution may be approved or adopted which shall permit or require (A) an extension ofthe maturity of the principal of or the payment of the interest on any Bond issued hereunder, (B) reduction in the principal amount of any Bond or any redemption premium or the rate of interest thereon, (C) the creation of a lien upon or a pledge ofthe Pledged Funds which adversely affects the rights granted by the Bonds or this Resolution in favor of any Bondholders, (D) a preference or priority of any Bond or Bonds over any other Bond or Bonds, or (E) a reduction in the aggregate principal amount of the Bonds required for consent to such Supplemental Resolution. If at any time the Agency shall determine that it is necessary or desirable to adopt any Supplemental Resolution pursuant to this Section 7.02, the Executive Director shall cause the Registrar to give notice of the proposed adoption of such Supplemental Resolution and the form of consent to such adoption to be mailed, postage prepaid, to all Bondholders at their addresses as they appear on the registration books and to all Insurers of, and Credit Banks providing a Credit Facility for, Bonds Outstanding. Such notice shall briefly set forth the nature of the proposed Supplemental Resolution and shall state that copies thereof are on file at the offices of the Executive Director and the Registrar for inspection by all Bondholders. The Agency shall not, however, be subject to any liability to any Bondholder by reason of its failure to cause the notice required by this Section 7.02 to be mailed and any such failure shall not affect the validity of such Supplemental Resolution when consented to and approved as provided in this Section 7.02. Whenever the Agency shall deliver to the Executive Director an instrument or instruments in writing purporting to be executed by the Holders of not less than the required percentage in aggregate principal amount of the Bonds then Outstanding, which instrument or instruments shall referto the proposed Supplemental Resolution described in such notice and shall specifically consent 40 to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the Agency may adopt such Supplemental Resolution in substantially such form, without liability or responsibility to any Holder of any Bond, whether or not such Holder shall have consented thereto. If the Holders of not less than the required percentage in aggregate principal amount of the Bonds Outstanding at the time of the adoption of such Supplemental Resolution shall have consented to and approved the adoption thereof as herein provided, no Holder of any Bond shall have any right to object to the adoption of such Supplemental Resolution, or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the Agency ITom adopting the same or from taking any action pursuant to the provisions thereof. Upon the adoption of any Supplemental Resolution pursuant to the provisions of this Section 7.02, this Resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Resolution of the Agency and all Holders of Bonds then Outstanding shall thereafter be determined, exercised and enforced in all respects under the provisions of this Resolution as so modified and amended. SECTION 7.03. Amendment with Consent of Insurer and/or Credit Bank Onlv. If all of a Series of Bonds Outstanding hereunder are insured or secured as to payment of principal and interest by an Insurer or Insurers and/or by a Credit Facility provided by a Credit Bank or Credit Banks, and the Insurer or Insurers and/or the Credit Bank or Credit Banks, as applicable, are not in default, the Agency may enact one or more Supplemental Resolutions amending all or any part of Articles I, IV, V, VI and VllI hereof with the written consent of said Insurer or Insurers and/or said Credit Bank or Credit Banks, as applicable, and the acknowledgment by said Insurer or Insurers and/or said Credit Bank or Credit Banks that its Bond Insurance Policy or its Credit Facility, as the case may be, will remain in full force and effect. The consent of the Holders of any Bonds shall not be necessary. The foregoing right of amendment, however, does not apply to any amendment to Section 5.Il hereof with respect to the exclusion, if applicable, of interest on said Bonds from the gross income of the Holders thereof for federal income tax purposes nor may any such amendment deprive the Holders of any Bond of right to payment of the Bonds from, and their lien on, the Pledged Funds and any additional security pledged hereunder. Upon filing with the Executive Director of evidence of such consent of the Insurer or Insurers and/or the Credit Bank or Credit Banks as aforesaid, the Agency may adopt such Supplemental Resolution. After the adoption by the Agency of such Supplemental Resolution, notice thereof shall be mailed in the same manner as notice of an amendment under Section 7.02 hereof. 41 ~---- _~___""__M"._" ,_,_ ~','~""'40~'·,'··,,·~,_·.. _'_. " ,", __~...~,..,._ SECTION 7.04. Reauired Opinion of Bond Counsel. The Agency shall not adopt a Supplemental Resolution unless the Agency shall have received an opinion of Bond Counsel to the effect that such action is permitted hereunder and will not impair the exclusion ofthe interest on any Bonds (other than Taxable Bonds) from gross income for federal income tax purposes. [End of Article VII] 42 ARTICLE VIII MISCELLANEOUS SECTION 8.01. Defeasance. If the Agency shall payor cause to be paid or there shall otherwise be paid to the Holders of all Bonds the principal, premium, if any, and interest due or to become due thereon, at the times and in the manner stipulated therein and in this Resolution, then the pledge of the Pledged Funds and any additional security pledged hcreunder, and all covenants, agreements and other obligations of the Agency tothe Bondholders, shall thereupon cease, tenninate and become void and be discharged and satisfied. In such event, the Paying Agents shall pay over or deliver to the Agency all money or securities held by them pursuant to the Resolution which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption. Any Bonds or interest installments appertaining thereto, whether at or prior to the maturity or redemption date of such Bonds, shall be deemed to have been paid within the meaning of this Section 8.01 if (A) in case any such Bonds are to be redeemed prior to the maturity thereof, there shall have been taken all action necessary to irrevocably call such Bonds for redemption and notice of such redemption shall have been duly given or irrevocable provision shall havc been made for the giving of such notice, and (B) there shall have been deposited in irrevocable trust with a banking institution or trust company by or on behalf ofthe Agency either moneys in an amount which shall be sufficient, or non-callable Defeasance Obligations the principal of and the interest on which when due will provide moneys which, together with the moneys, if any, deposited with such bank or trust company at the same time shall be sufficient, to pay the principal of, premium, if any, and interest due and to become due on said Bonds on and prior to the redemption date or maturity date thereof, as the case may be. Neither the Defeasance Obligations nor any moneys so deposited with such bank or trust company nor any moneys received by such bank or trust company on account of principal of, premium, if any, or interest on said Defeasance Obligations shall be withdrawn or used for any purpose other than, and all such moneys shall be held in trust for and be applied to, the payment, when due, of the principal of and, premium, if any, of the Bonds for the payment or redemption of which they were deposited and the interest accruing thereon to the date of maturity or redemption thereof; provided, however, the Agency may substitute new Defeasance Obligations and moneys for the deposited Defeasance Obligations and moneys if the new Defeasance Obligations and moneys are sufficient to pay the principal of, premium, if any, and interest on such Bonds, and any trust agreement goveming the deposit of such Defeasance Obligations and moneys may provide for the investment of moneys unclaimed by Bondholders and for the payment to the Agency of such unclaimed moneys and the investment earnings thereon. For purposes of detennining whether Variable Rate Bonds shall be deemed to have been paid prior to the maturity or the redemption date thereof, as the case may be, by the deposit of moneys, or specified Defeasance Obligations and moneys, if any, in accordance with this Section 8.0 I, the interest to come due on such Variable Rate Bonds on or prior to the maturity or redemption date thereof, as the case may be, shall be calculated at the Maximum Interest Rate; provided, however, that if on any date, as a result of such Variable Rate Bonds having bome interest at less than the Maximum Interest Rate for any period, the total amount of moneys and specified Defeasance Obligations on deposit for the payment of intcrest on such Variable Rate Bonds is in excess of the total amount which would have been required to be deposited on such date in respect of such Variable Rate Bonds in order to satisfY this Section 8.01, 43 -'."""'""""'-"~-''''~---'-'~^'' such excess shall be paid to the Agency tree and clear of any trust, lien, pledge or assignment securing the Bonds or otherwise existing under this Resolution. In the event the Bonds for which moneys are to be deposited for the payment thereof in accordance with this Section 8.0 I are not by their terms subject to redemption within the next succeeding sixty (60) days, the Agency shall cause the Registrar to mail a notice to the Holders of such Bonds that the deposit required by this Section 8.01 of moneys or Defeasance Obligations has been made and said Bonds are deemed to be paid in accordance with the provisions of this Section 8.01 and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal of, premium, if any, and interest on said Bonds, provided, however, that a failure to mail such notice shall not prevent the defeasance of such Bonds. Nothing herein shall be deemed to require the Agency to call any of the Outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the Agency in determining whether to exercise any such option for early redemption, but the Agency may waive these rights by Supplemental Resolution. In the event that the principal of, premium, if any, and interest due on the Bonds or any portion thereof shall be paid by an Insurer or Insurers, a Credit Bank or Credit Banks and/or the issuer of a Reserve Fund Letter of Credit or Reserve Fund Insurance Policy and such Insurer, Credit Bank and/or Agency shall not have been reimbursed by the Agency, such Bonds or any portion thereof shall remain Outstanding, shall not be defeased and shall not be considered paid by the Agency, and the pledge of the Pledged Funds and any additional security pledged hereunder, and all covenants, agreements and other obligations of the Agency to the Bondholders shall continue to exist and such Insurer or Insurers, such Credit Bank or Credit Banks and such issuer shall be subrogated to the rights of such Bondholders. SECTION 8.02. Capital Appreciation Bonds. For the purposes of (A) receiving payment of the redemption price if a Capital Appreciation Bond is redeemed prior to maturity, or (B) receiving payment of a Capital Appreciation Bond upon an Event of Default, or (C) computing the amount of Bonds held by the Holder of a Capital Appreciation Bond for purposes of any notice, consent, request or demand pursuant to this Resolution for any purpose whatsoever, the principal amount of a Capital Appreciation Bond shall be deemed to be its Accreted Value. SECTION 8.03. General Authoritv. The members ofthe Board of Commissioners and the Agency's officers, attorneys and other agents and employees are hereby authorized to do all acts and things required of them by this Resolution or desirable or consistent with the requirements hereoffor the full, punctual and complete performance of all of the terms, covenants and agreements contained in the Bonds and this Resolution, and they are hereby authorized to execute and deliver all documents which shall be required by Bond Counselor the initial purchasers of the Bonds to effectuate the sale of the Bonds to said initial purchasers. SECTION 8.04. No Personal Liabilitv. No representation, statement, covenant, warranty, stipulation, obligation or agreement herein contained, or contained in the Bonds, or in any certificate or other instrument to be executed on behalf of the Agency in connection with the issuance of the Bonds, shall be deemed to be a representation, statement, covenant, warranty, 44 stipulation, obligation or agreement of any member of the Board of Commissioners, officer, employee or agent of the Agency in his or her individual capacity, and none of the foregoing persons nor any officer of the Agency executing the Bonds or any certificate or other instrument to be executed in connection with the issuance of the Bonds, shall be liable personally thereon or be subject to any personal liability or accountability by reason of the execution or delivery thereof. SECTION 8.05. No Third Party Beneficiaries. Except such other Persons as may be expressly described herein or in the Bonds, nothing in this Resolution, or in the Bonds, expressed or implied, is intended or shall be construed to confer upon any Person other than the Agency, any Insurer, any Credit Bank and the Holders any right, remedy or claim, legal or equitable, under and by reason ofthis Resolution or any provision hereof, or ofthe Bonds, all provision hereof and thereof being intended to be and being for the sole and exclusive benefit of the Agency, any Insurer, any Credit Bank and the Persons who shall ITom time to time be the Holders. SECTION 8.06. Sale of Bonds. The Bonds shall be issued and sold at public or private sale at one time or in installments from time to time and at such price or prices as shall be consistent with the provisions of the Act, the requirements of this Resolution and other applicable provisions of law. SECTION 8.07. Severability ofInvalid Provisions. If anyone or more of the covenants, agreements or provisions of this Resolution shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements and provisions of this Resolution and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof or of the Bonds issued hereunder. SECTION 8.08. ReDeal ofInconsistent Resolutions. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 8.09. Table of Contents and Headings not Part Hereof. The Table of Contents preceding the body ofthis Resolution and the headings preceding the several articles and sections hereof shall be solely for convenience ofreference and shall not constitute a part of this Resolution or affect its meaning, construction or effect. SECTION 8.10. Holidavs: Time. In any case where the date of maturity of interest on or principal of the Bonds or the date fixed for redemption of any Bonds is not a Business Day, then payment of principal, premium, if any, or interest need not be made on such date but may be made on the next succeeding Business Day, with the same force and effect as if made on the date of maturity or the date fixed for redemption. All references to specified times of day shall be deemed to refer to the then prevailing time within the jurisdiction of the Agency. SECTION 8.11. Effective Date. This Resolution shall become effective immediately upon its passage. 45 ."',-.... ..~~·r_" PASSED AND ADOPTED THIS 6th DAY OF DECEMBER, 2004, BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Agency Attorney 46 EXHIBIT A Tenns of the Series 2004 Bonds (a) Dated Date: (b) Amounts, Maturities and Interest Rates: Maturity Amount ( ]) Interest Rate $ % (c) ODtional RedemDtion. The Series 2004 Bonds maturing prior to 1,_ are not subject to optional redemption prior to maturity. The Series 2004 Bonds maturing on or after 1,_ are subject to redemption prior to maturity, at Ihe option of the Agency, from any funds legally available for such purpose, on or after I, _' in whole or in part on any date, and if in part in any order of maturity selected by the Agency, and by lot within a maturity if less than an entire maturity is to be redeemed, at the redemption prices (expressed as percentages of the principal amount of the Series 2004 Bonds to be redeemed) set forth in the table below, plus accrued interest to the redemption date: Redemption Dates Redemption (Inclusive ) Prices I, _ through % - I, _ through % - ,- and thereafter % (d) Mandatorv RedemDtion. The Series 2004 Bonds maturing on J,_(the " Tenn Bonds") are subject to mandatory redemption in part, on 1,_,andon each thereafter in the years and in the amounts set forth below (except for the final amount due at maturity, which shall not be a redemption), at a price equal to 100% ofthe principal amount of the Series 2004 Bonds being redeemed, plus accrued interest to the redemption date: A-I .".>.~,._--,.,."-~",,.....^ TERM BONDS Year Amount $ (M aturity) The Series 2004 Bonds maturing on I,_(the" Tenn Bonds") are subject to mandatory redemption in part, on I, _, and on each _ _ thereafter in the years and in the amounts set forth below (except for the final amount due at maturity, which shall not be a redemption), at a price equal to 100% of the principal amount ofthe Series 2004 Bonds being redeemed, plus accrued interest to the redemption date: TERM BONDS Year Amount $ (Maturity) If prior to any I the Agency shall purchase for cancellation or redeem _ Tenn Bonds or _ Tenns Bonds in excess of the aggregate mandatory redemption requirement for such _ Tenn Bonds or _ Tenns Bonds to but not including such , such excess of Tenn Bonds so purchased or redeemed and not previously applied as a credit pursuant to this paragraph shall be credited over such of the remaining mandatory redemption dates for such _ Tenn Bonds as the Agency shall detennine, and shall reduce the amount of _ Tenn Bonds or _ Tenns Bonds otherwise subject to redemption and due, respectively, on such date(s). Provided, however, that no such excess shall be credited to the amount of _ Tenn Bonds or _ Tenns Bonds subject to mandatory redemption on a particular I after the selection of - Tenn Bonds or - Tenns Bonds to be redeemed on such date has been made. A-2 The above-tenns of the Boynton Beach Community Redevelopment Agency Tax Increment Revenue Bonds, Series 2004 are hereby approved pursuant to Resolution No. of the Agency. Boynton Beach Community Redevelopment Agency By: Its Date: A-3 ,,_,~~_·_"""-"'.___k..,__,,;~__ .__....'-~-<-,.,., EXHIBIT B Guaranty Agreement The City of Boynton Beach, Florida (the "City") makes this Guaranty Agreement (this "Guaranty"), dated December _' 2004, as follows: 1. Guaranty. The City hereby guarantees the full and prompt payment when due, whether by acceleration or otherwise, of the principal of and interest on the Boynton Beach Community Redevelopment Agency Tax Increment Revenue Bonds, Series 2004, issued of even date herewith in the principal amount of $ 2. Governing Law. The City further agrees that this Guaranty shall be governed by and construed in accordance with the laws of the State of Florida and is perfonnable in the State of Florida. 3. Definitions. Tenns used herein and not otherwise defined herein have the meanings ascribed thereto in Resolution No. (the "Resolution"), adopted December 6, 2004, by the Boynton Beach Community Redevelopment Agency (the "Agency"). 4. Termination. This Guaranty may not be amended or tenninated by the City for so long as the Series 2004 Bonds are Outstanding. 5. Financial and Other Information. The City agrees to furnish the Agency with such infonnation regarding the City as may be requested by the Agency in order to enable the Agency to comply with its obligations pursuant to Section 5.13 of the Resolution. 6. Guarantor Duties. For so long as Section I hereof is in effect, upon receipt of telephonic notice, such notice subsequently confirmed in writing by registered or certified mail, or upon receipt of written notice by registered or certified mail, by the City ITom the Paying Agent that a debt service payment required to have been made by the Agency has not been made, the City on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will pay to the Paying Agent funds sufficient for the payment of any such guaranteed amounts which are then due, less any amount held by the Paying Agent for the payment of such guaranteed amounts and legally available therefor. 7. Limited Obligation. Notwithstanding any other provision of this Guaranty, the City is not and shall not be liable for the payment of any amount hereunder or for the perfonnance of any obligation or agreement hereunder from any source other than the "Non-Ad Valorem Revenues" appropriated for such purpose in the manner and to the extent described in this Section 7. The tenn "Non-Ad Valorem Revenues" means all revenues of the City derived from any source other than the exercise of the ad valorem taxing power of the City, but only to the extent the same may lawfully be used to make payments hereunder. No person or entity shall have any right to resort to legal or equitable action or revenues to require or compel the City to make any payment hereunder ITom any source other than such Non-Ad Valorem Revenues. The City covenants that should it be required to make any payment hereunder it will appropriate in its annual budget, by amendment, if required, from Non-Ad Valorem Revenues, amounts sufficient to make such payment. In the event that the amount previously budgeted for such purpose at any time is insufficient to make any payment required to be made hereunder, the City covenants to take immediate action to amend its budget so as to budget and appropriate an amount from Non-Ad Valorem Revenues sufficient to make such payment. Such covenant to budget and appropriate from Non-Ad Valorem Revenues shall be cumulative to the extent not paid and shall continue until such Non-Ad Valorem Revenues sufficient to make all required payments have been budgeted, appropriated and used to make payments required to be made hereunder. 8. Enforcement. This Guaranty may be enforced by the Paying Agent, the Insurer or any Bondholder, each of which is a beneficiary of the provisions hereof. IN WITNESS WHEREOF, the undersigned has caused this Guaranty to be executed as ofthe_ day of December, 2004. CITY OF BOYNTON BEACH, FLORIDA By: Its Mayor 0:\02345\36 cra\gu.rallly(2),wpd 2 -'..",..;--,~ ~,.",..-~^'.> ~