Agenda 12-16-08
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
REVISED FINAL AGENDA
DECEMBER 16, 2008
Jerry Taylor
Mayor - At Large
Kurt Bressner
City Manager
~
Jose Rodriguez
Vice Mayor - District III
Ron Weiland
Commissioner - District I
Woodrow Hay
Commissioner - District II
Marlene Ross
Commissioner - District IV
James Cherof
City Attorney
DISTRI T I
I
Janet M. Prainito
City Clerk
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings. "
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
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 who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the publiC meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all 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).
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City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
December 16, 2008
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Greg Fitch - Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland
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:
None
B. Community and Special Events:
1. Sand Sifters Beach Cleanup & Pie Eating contest to be held on Saturday,
January 3, 2009, 8 a.m. to 10:30 a.m. at Oceanfront Park. Clean the
beach with the Sand Sifters and then receive a free slice of pie
celebrating "National Pie Day".
C. Presentations:
1. Proclamations
None
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>
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Agenda
Regular City Commission
Boynton Beach, FL December 16, 2008
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
IV Ross Arts Commission Reg 3 yr term to 12/11
Mayor Taylor Arts Commission Reg 3 yr term to 12/11
I Weiland Arts Commission Reg 3 yr term to 12/11
II Hay Arts Commission Reg 3 yr term to 12/11
III Rodriguez Arts Commission Alt 1 yr term to 12/09
IV Ross Arts Commission Alt 1 yr term to 12/09
IV Ross Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10
Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11
I Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11
III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3)
II Hay Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09
I Weiland Cemetery Board Reg 3 yr term to 12/11
II Hay Cemetery Board Reg 3 yr term to 12/11
Mayor Taylor Cemetery Board Alt 1 yr term to 12/09 Tabled (2)
II Hay Code Compliance Board Reg 3 yr term to 12/11
III Rodriguez Code Compliance Board Reg 3 yr term to 12/11
I Weiland Code Compliance Board Alt 1 yr term to 12/09 Tabled (2)
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/09 Tabled (3)
III Rodriguez Community Relations Board Reg 3 yr term to 12/11
IV Ross Community Relations Board Reg 3 yr term to 12/11
Mayor Taylor Community Relations Board Reg 3 yr term to 12/11
II Hay Community Relations Board Alt 1 yr term to 12/09 Tabled (3)
I Weiland Community Relations Board Alt 1 yr term to 12/09
II Hay Education & Youth Advisory Board Reg 2 yr term to 12/10
III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/10
IV Ross Education & Youth Advisory Board Reg 2 yr term to 12/10
I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (2)
Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/09
I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09
II Hay Education & Youth Advisory Board Stu 1 yr term to 12/09
III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/09
IV Ross Golf Advisory Committee Reg 5 yr term to 6/13
IV Ross Library Board Reg 3 yr term to 12/09
I Weiland Library Board Reg 3 yr term to 12/10
II Hay Library Board Reg 3 yr term to 12/11
III Rodriguez Library Board Reg 3 yr term to 12/11
Mayor Taylor Library Board Alt 1 yr term to 12/09
IV Ross Library Board Alt 1 yr term to 12/09
III Rodriguez Planning & Development Board Reg 2 yr. term to 12/10
IV Ross Planning & Development Board Reg 2 yr. term to 12/10
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Agenda
Regular City Commission
Boynton Beach, FL December 16, 2008
Mayor Taylor Planning & Development Board Reg 2 yr term to 12/10
I Weiland Planning & Development Board Alt 1 yr term to 12/09
II Hay Planning & Development Board Alt 1 yr term to 12/09
IV Ross Recreation & Parks Board Reg 3 yr term to 12/09 Tabled (2)
II Hay Recreation & Parks Board Reg 3 yr term to 12/11
III Rodriguez Recreation & Parks Board Reg 3 yr term to 12/11
IV Ross Recreation & Parks Board Reg 3 yr term to 12/11
Mayor Taylor Recreation & Parks Board Alt 1 yr term to 12/09
II Weiland Recreation & Parks Board Alt 1 yr term to 12/09
Mayor Taylor Senior Advisory Bd Reg 2 yr term to 12/10
I Weiland Senior Advisory Bd Reg 2 yr term to 12/10
II Hay Senior Advisory Bd Reg 2 yr term to 12/10
III Rodriguez Senior Advisory Bd Reg 2 yr term to 12/10
IV Ross Senior Advisory Bd Reg 2 yr term to 12/10
Mayor Taylor Senior Advisory Bd Alt 1 yr term to 12/09
I Weiland Senior Advisory Bd Alt 1 yr term to 12/09
Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 12/11
II Hay Veterans Advisory Commission Reg 3 yr term to 12/11
I Weiland Veterans Advisory Commission Alt 1 yr term to 12/09
III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/09
IV Ross Veterans Advisory Commission Alt 1 yr term to 12/09
Mayor Taylor Veterans Advisory Commission Alt 1 yr term to 12/09
Mayor Taylor Firefighters' Pension Trust Fund Reg 2 yr term to 12/10
I Weiland Firefighters' Pension Trust Fund Reg 2 yr term to 12/10
Mayor Taylor Police Officers' Retirement Trust Fund Reg 2 yr term to 12/10
I Weiland Police Officers' Retirement Trust Fund Reg 2 yr term to 12/10
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. Regular City Commission - December 2, 2008
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Award "CO-OP BULK QUICKLIME, Bid #005-2821-09jJA to CHEMICAL
LIME, INC. of Lakeland, FL with an estimated expenditure of $250,000
for the City of Boynton Beach Utilities Department.
2. Approve the "ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE
LINKS AT BOYNTON BEACH GOLF COURSE", BID #003-2910-09/JA, with
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Agenda
Regular City Commission
Boynton Beach, FL
December 16, 2008
CLEANING QUALITY SERVICES OF US CORP. of Hollywood, FL for
contractual services in the amount of $1,956 per month with an annual
expenditure of $23,472. (Proposed Resolution No. ROB-142)
3. Approve a piggy-back of RFP #B-06-18, Town of Davie with R&S
Integrated Products and Services of Lakeland, FL for an Agenda
Automation Workflow Software in the amount of $40,455 and $4,375 for
the Community Redevelopment Agency as an additional meeting body, to
include software support and annual maintenance for a total expenditure
of $44,830. (Proposed Resolution No. ROB-143)
4. Multi-award the "ANNUAL BID FOR SAFETY CLOTHING AND
EQUIPMENT", Bid #001-1412-09jJA, on an overall basis to the lowest,
most responsive, responSible bidder who meets all specifications with an
estimated expenditure of $31,000.
C. Resolutions
1. Proposed Resolution No. R08-144 RE: Approving and
authorizing execution of an Agreement with the Arts and Culture Group,
Inc. to implement Jaycee Park Interpretative Public Art Markers, Phase 1,
as part of Recreation and Parks commitment to publiC art in the project.
The cost to implement Phase 1 is $44,875.
2. Proposed Resolution No. R08-145 RE: Approving and
authorizing execution of an Agreement with Montoya Sculpture & Supply
to implement Fire Station #5 Public Art components. The cost is $12,651
for the functional publiC art components.
3. Proposed Resolution No. R08-146 RE: Accepting the
report from the Affordable Housing Advisory Committee.
4. Proposed Resolution No. R08-147 RE: Approving and
authorizing execution of a First Amendment to the Interlocal Agreement
(ILA) between the City of Boynton Beach and South Central Regional
Wastewater Treatment and Disposal Board entered into on November 3,
2004. The First Amendment modifies Article 2 - Scope of Services by
adding paragraph 2.11, which permits the City to collect a specified
amount for benefit consulting fees.
5. Proposed Resolution No. R08-148 RE: Approving and
authorizing execution of an Interlocal Agreement (ILA) with the City of
Lake Worth and Hypoluxo Shoppes, Inc., regarding the provision of sewer
service to parcels of land outside of the City of Boynton Beach Utilities
Service Area.
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Agenda
Regular City Commission
Boynton Beach, FL
December 16, 2008
6. Proposed Resolution No. R08-149 RE: Approving the
assessment of the cost of nuisance abatement on properties within the
City of Boynton Beach.
7. Proposed Resolution No. R08-150 RE: Approving and
authorizing execution of an agreement to designate the following banks
as additional depository institutions for funds of the City of Boynton
Beach: RBC Bank (USA), TD Bank, N.A., 1st Community Bank of America,
and CNLBank
D. Approve the release of Performance Bond #FS3866824, issued by Great
American Insurance Company for Quantum Park and Village for the right-of-way
work on Gateway Blvd.
E. Accept the written report to Commission of purchases over $10,000 for the
month of November 2008.
F. Approve purchase of new and replacement vehicles as approved in the FY 08/09
Budget in the amount of $2,570,626.
G. Approve the City of Boynton Beach FY2007-2008 Annual Grants Report.
H. Approve the release of the 10% balance of the original letter of Credit #11184
for the Boynton Beach Village Marina issued by City National Bank.
I. Approve the purchase of 10 In-Car Video Camera Systems, to be placed in the
Chevrolet Impala Patrol Cars, from Digital Ally, Inc., in the amount of $41,250.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
None
IX. CITY MANAGER'S REPORT:
A. Consider options on disposal of the 1927 Old High School - (Tabled on
December 2, 2008)
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Agenda
Regular City Commission
Boynton Beach, FL
December 16, 2008
B. Consider the relocation of the City Public Works Compound at the suggestion of
New Urban Communities and provide direction to City Staff on whether or not to
continue exploratory negotiations with New Urban Communities or to advise new
Urban Communities that the City is not interested in the proposal.
X. FUTURE AGENDA ITEMS:
A. Provide City Staff with policy guidance regarding the degree and breadth of
"green" elements to be designed into the new Police Facility located at the
intersection of High Ridge Road and Gateway Boulevard - January 6, 2009
B. Addendum for Tow Contract - January 6, 2009
C. Staff report on legal review for vacating NE lth Avenue right-of-way - January
6, 2009.
D. 2008 Recreation and Parks Strategic Plan Update - January, 2009
E. Report on cost sharing options for take-home vehicles - January 2009 (In
conjunction with continued budget discussions)
F. Sustainability Team Quarterly Report - Jan. 20, 2009
G. Discussion of revision of sign code for promotional banners - January 20, 2009
H. YVPP Report - Feb. 17, 2009
I. Approve donations to the Juvenile Transition Center in the amount of $6,500
from the Police Department's Law Enforcement Trust Fund (Tabled on August
5, 2008)
J. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
XI. NEW BUSINESS:
A Review of City Code provisions for term and selection of Vice Mayor - requested
by Commissioner Ross (Tabled on December 2, 2008)
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
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Agenda
Regular City Commission
Boynton Beach, FL
December 16, 2008
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 08-033 RE: Approving
amendments to existing Chapter 20, Part III of the Land Development
Regulations, in connection with, in part, the Community Rating System
program (CRS), recent updates to the Florida Building Code, and the
proposed changes to and relocation of the minimum property
maintenance requirements for the City.
2. Proposed Ordinance No. 08-034 RE: Approving the
creation of Chapter 14.5 of the Code of Ordinances to be called "THE
BOYNTON BEACH DANGEROUS INTERSECTION SAFETY ACT"; and new
sections 14.5-1 through 14.5-15 providing for intent and definitions;
establishing an enforcement program within the City; authorizing the City
to permit and implement the use of unmanned cameras/monitoring
devices for red light infractions; providing enforcement procedures,
including notice, appeal hearings, penalties, imposition of administrative
charges and collection.
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 08-035 RE: Approving the
amendment to the Community Redevelopment Plan to incorporate the
Downtown Master Plan and components thereof regarding Community
Policing Innovation Program and funding programs for infrastructure
improvements or upgrades necessary to implement the goals and
objectives of the Community Redevelopment Plan which include greater
density and enhanced public space..
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
A. Remove the contingency of receiving a match to the City's Neighborhood
Stabilization Program (NSP) funds within six months for the Ocean Breeze West
project.
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Agenda
Regular City Commission
Boynton Beach, FL
December 16, 2008
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT PAM WELSH, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST.
FINAL AGENDA - REVISED 12/12/200811:18 AM
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8
i~~:r:~lNCEMENTS & PRESENTATIONS
Sand Sifters
Beach Cleanup & Pie Eating Contest
Saturd~ January 3, 2009, 8-10:30 a.m.
Oceanfront Park, A-I-A
Clean the Beach with the Sand Sifters and then Receive a
Free Slice of Pie Celebrating "National Pie Day."
Fill your Belly by entering our first
Sand Smers Pie Eating Contest.
(First 10 Participants to Registen.
Pies Donated by The American Pie Council cwww:PieCouncil.ofg> & Publixl
Community Service Hours Awarded.
Bring your own Water, Sun Screen and Hats.
Visit: www:SandSifters.orn
PreRegistration;
GSolomon@SandSifters.org
cS6l>1'34-9128.
Sponsors:
The Sand Sifters & City of Boynton Beach Recreation and Parks Department
;&. .
We Make ii
;. . p) life funU
Boynton Beach
R.ecreaHon and PorRS Department
V. ADMINISTRATIVE
ITEM A.
APPOINTMENTS FOR DECEMER 16, 200:
Appointment length of Term
To Be Made Board EXDiration Date
IV Ross Arts Commission Reg 3 yr term to 12/11
Mayor Taylor Arts Commission Reg 3 yr term to 12/11
I Weiland Arts Commission Reg 3 yr term to 12/11
II Hay Arts Commission Reg 3 yr term to 12/11
III Rodriguez Arts Commission Alt 1 yr term to 12/09
IV Ross Arts Commission Alt 1 yr term to 12/09
IV Ross Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10
Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11
I Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11
III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3)
II Hay Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09
I Weiland Cemetery Board Reg 3 yr term to 12/11
II Hay Cemetery Board Reg 3 yr term to 12/11
Mayor Taylor Cemetery Board Alt 1 yr term to 12/09 Tabled (2)
II Hay Code Compliance Board Reg 3 yr term to 12/11
III Rodriguez Code Compliance Board Reg 3 yr term to 12/11
I Weiland Code Compliance Board Alt 1 yr term to 12/09 Tabled (2)
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/09 Tabled (3)
III Rodriguez Community Relations Board Reg 3 yr term to 12/11
IV Ross Community Relations Board Reg 3 yr term to 12/11
Mayor Taylor Community Relations Board Reg 3 yr term to 12/11
II Hay Community Relations Board Alt 1 yr term to 12/09 Tabled (3)
I Weiland Community Relations Board Alt 1 yr term to 12/09
II Hay Education & Youth Advisory Board Reg 2 yr term to 12/10
III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/10
IV Ross Education & Youth Advisory Board Reg 2 yr term to 12/10
I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (2)
Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/09
I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09
II Hay Education & Youth Advisory Board Stu 1 yr term to 12/09
III Rodriguez Education & Youth Advisory Board Stu NfV 1 yr term to 12/09
IV Ross Golf Advisory Committee Reg 5 yr term to 6/13
IV Ross Library Board Reg 3 yr term to 12/09
I Weiland Library Board Reg 3 yr term to 12/10
II Hay Library Board Reg 3 yr term to 12/11
III Rodriguez Library Board Reg 3 yr term to 12/11
Mayor Taylor Library Board Alt 1 yr term to 12/09
IV Ross Library Board Alt 1 yr term to 12/09
III Rodriguez Planning & Development Board Reg 2 yr. term to 12/10
IV Ross Planning & Development Board Reg 2 yr. term to 12/10
Mayor Taylor Planning & Development Board Reg 2 yr term to 12/10
I Weiland Planning & Development Board Alt 1 yr term to 12/09
II Hay Planning & Development Board Alt 1 yr term to 12/09
1
APPOINTMENTS FOR DECEMER 16, 2008
Appointment Length of Term
To Be Made Board Exoiration Date
IV Ross Recreation & Parks Board Reg :3 yr term to 12/09 Tabled (2)
II Hay Recreation & Parks Board Reg 3 yr term to 12/11
III Rodriguez Recreation & Parks Board Reg 3 yr term to 12/11
IV Ross Recreation & Parks Board Reg 3 yr term to 12/11
Mayor Taylor Recreation & Parks Board Alt 1 yr term to 12/09
II Weiland Recreation & Parks Board Alt 1 yr term to 12/09
Mayor Taylor Senior Advisory Bd Reg 2 yr term to 12/10
I Weiland Senior Advisory Bd Reg 2 yr term to 12/10
II Hay Senior Advisory Bd Reg 2 yr term to 12/10
III Rodriguez Senior Advisory Bd Reg 2 yr term to 12/10
IV Ross Senior Advisory Bd Reg 2 yr term to 12/10
Mayor Taylor Senior Advisory Bd Alt 1 yr term to 12/09
I Weiland Senior Advisory Bd Alt 1 yr term to 12/09
Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 12/11
II Hay Veterans Advisory Commission Reg 3 yr term to 12/11
I Weiland Veterans Advisory Commission Alt 1 yr term to 12/09
III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/09
IV Ross Veterans Advisory Commission Alt 1 yr term to 12/09
Mayor Taylor Veterans Advisory Commission Alt 1 yr term to 12/09
Mayor Taylor Firefighters' Pension Trust Fund Reg 2 yr term to 12/10
I Weiland Firefighters' Pension Trust Fund Reg 2 yr term to 12/10
Mayor Taylor Police Officers' Retirement Trust Fund Reg 2 yrterm to 12/10
I Weiland Police Officers' Retirement Trust Fund Reg 2 yr term to 12/10
!
V J..-.....UN;:)I:I'11 AUC."UA
ITEM B.l.
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 Meeting Dates in to City Clerk's Office
~ December] 6, 2008 December I, 2008 (Noon) D February] 7,2009 February 2, 2009 (Noon)
D January 6, 2009 December] 5,2008 (Noon) D March 3, 2009 February] 7,2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) D March] 7,2009 March 2, 2009 (Noon)
D February 3, 2009 D April 7, 2009 0 S2
January 19,2009 (Noon) March ]6,2009 (Noon) CD o~
0 =t",
", -<.ci
n ("") ..."
0 Announcements/Presentations 0 City Manager's Report I ~
N :-;;J-<
NATURE OF 0 Administrative 0 New Business .." ~z
Ul)-i
AGENDA ITEM ~ Consent Agenda 0 Legal :z oi
.z:- 14
0 Code Compliance & Legal Settlements 0 Unfinished Business ..
-
0 Public Hearing 0 C8 RECOMMENDATION: A motion to award "CO-OP BULK QUICKLIME, Bid #005-2821-09/JA, to CHEMICAL
LIME, INC. of Lakeland, Florida, with an estimated expenditure of $250,000.00 for the City of Boynton Beach
Utilities Department.
Contract Period: December 16, 2008 to December 15,2009
EXPLANATION: On November 04, 2008, Procurement Services received and opened three (3) sealed proposals for
the above mentioned bid. Chemical Lime Company of Lakeland, Florida was the lowest, most responsive, responsible
bidder who met all specifications. Depending upon water restrictions and other factors, we anticipate a usage of
approximately 1,100 tons per year. Kofi Boateng, Utilities Director, concurs with this recommendation (see attached
memo #08-88).
The provision of this bid will allow for three (3) one (1) year extensions at the same terms, conditions, and prices
subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of
the City.
The City of Boynton Beach is the lead entity for this Palm Beach County Co-Operative Purchasing Bid. The total Co-
Operative cost is $2,933,545.49. There are six (6) other entities participating in this bid.
PROGRAM IMP ACT: The purpose of this bid is to secure a source to provide the best quality Bulk Quicklime
available at the most economical price, with delivery to various governmental entities that have elected to participate
in the Co-Operative Bid.
FISCAL IMP ACT: BUDGET AMOUNT ESTIMATED ANNUAL
PROCESSED CHEMICALS EXPENDITURE
401-2811-536-52-35 $250,000.00
The increased cost of chemicals accounts for the 40% increase in expected cost for this fiscal year.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES: The City of Boynton Beach could explore the use of other coagulants or anti-sealants. However.
this may lead to higher water treatment costs or possible water quality infractions.
CURRENT UNIT/PRICE PER TON $163.18
Fiscal Year 07/08 - $178.838.00
~
C:: . A.4-~
Department Head's Signature ity Manager's SIgnature
C 'l1. /~~D '
Ai ~ W<~~'---_.
Procurement Se . es
S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
Memorandum
Utilities # 08-088
To: Carol Doppler
Purchasing Agent of Financial Services
From: Kofi Boateng, P.E.
Utilities Director
Date: November 20,2008
Subject: Quicklime (calcium oxide, CaO)
Bid Number 005-2821-09/JA
Quicklime (CaG) is used at the East Water Treatment Plant to adjust the pH of the raw
water in preparing it for further treatment and to remove hardness which, in turn,
prevents scaling in the pipelines.
The current bid to purchase quicklime is with Chemical Lime. This bid has expired and
cannot be extended.
Financial Services accepted bids (Bid # 005-2821-09/JA) for the purchase of quicklime
on November 4th, 2008. The bids were reviewed using estimated requirements of 1,100
tons per annum as critical criteria. From this it was apparent that Chemical Lime was the
lowest bidder.
Thus, we are recommending awarding the quicklime bid to Chemical Lime with the
anticipated approximate annual usage of 1,100 tons at a total estimated cost of
$249,293. The total cost for last year's usage was $178,838.47. Due to the increasing
costs of fuel the price for this product has increased by 40% since our last bid. We have
had good service with Chemical Lime and their product has worked as expected.
Please place this item on the next city commission agenda to approve the bid for
$250,000 dollars for quicklime to Chemical Lime. These funds are available in account
number 401-2811-536-52-35 in the 2008/2009 budget.
If you have any questions, please contact Bevis Pigott at 742-6420 or Melvin Pinkney at
742-6428.
Attachments
be: Melvin Pinkney
Bevis Pigott
xc: Michael Low
Barbara Conboy
File
****THE LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS**** ~ 7
C ~ ~ ,~. r-" -- . ~~' - ~_._--==-=:=-=-=&:;-=-.
... ./ -<.\(. /\. .'~~ '\ '. '
Carol Doppler, Purqhas n . 4~ Melvin Pinkney, IltiUties LE~ad or'
ANNUAL CO-OP BULK QUICKLIME
"Offers from the vendors listed herein are the only offers
BID OPENING DATE: NOVEMBER 04,2008 received timely as of the above receiving date and time.
BID OPENING TIME: 2:30 P.M. All other offers submitted in response to this solicitation.
BID # 005-2821-09/JA if any, are hereby rejected as late"
VENDORS CARMEUSE LIME & STONE, INC. CHEMICAL LIME CO OF ALABAMA. INC SOUTHERN LIME CO
11 STANWIX ST., 11th FLOOR 4720 CLEVELAND HGHTS. BLVD. STE.203 P.O. Box 128
PITTSBURGH, PA 15222 LAKELAND, FL 33813 CALERA, AL 35040
Tel: (412) 995-2017 Tel: (877) 644-9010 Tel: (205) 668-6999
Fax: (412) 995-5515 Fax: (863) 644-9030 Fax: (205) 668-4474
Contact: Bruce D. Routhieaux Contact: John L. Thompson Contact: Carolyn Maddox
~ -.- ----
ADDENDUM #1 SUBMITTED YES YES YES
ONE ORIGINAL AND TWO COPIES YES YES -.~-_..
YES
SUBMITTED
.---- $210.13 --~_.- ------~_._- ~--_._-"- -....
BASE PRICE PER TON
Material and Rail Freight
RAIL $210.13
TRUCK =:=============[=====$86.67 ::::: - - - - - -f16"]0 - - - -- - - - - - -$-157:"94 - - - - -
TOTAL 95,337.00 Freight only - - - - - $226.63 - - - -- - - - - - $282."94 - - - - -
--,._,,-,
CITY OF DELRAY BEACH/3200
RAIL $210.13
TRUCK -.- - - - - - - - - - - - -,- - - - - -$84.95 - - - -- ------$15.81----- --- - - $157.94 - - - - - ~
TOT AC - .- - - - - - - ______ :::,'-::t-271 Ji40.00/Freight only =-- -----$225.94 ----- -=_-=_:- --. $282.9~. - - - - -
'---.-.----.- ... ______~._u_._. _
CITY OF LAKE WORTH/1300 I
$210.13 !
RAIL i
TRUCK -.- - - - - - - - - - - - -1- - - - - -$86"]7" - - - -- - - - - - -$16"]0 - - - - - - - - - - $157.94 ,-~, ,- - '-1
JOTAL__'- - _____....._....__~___=-_=_-=_~ -112,671.00/Freight aniY'. - - - - - - - $226."63 - - - - - - -- -- - $292."94 ,- - -" .~~ ]
~~~~~~..,.~~.- ---~~..- --_.._.__.~_....__.__._-_._-
QUicklime '09 xis
ANNUAL CO-OP BULK QUICKLIME
"Offers from the vendors listed herein are the only offers
BID OPENING DATE: NOVEMBER 04,2008 received timely as of the above receiving date and time.
BID OPENING TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 005-2821-09/JA if any, are hereby rejected as late"
VENDORS CARMEUSE LIME & STONE, INC. CHEMICAL LIME CO. OF ALABAMA, INC SOUTHERN LIME CO.
11 ST ANWIX ST., 11th FLOOR 4720 CLEVELAND HGHTS. BLVD., STE.203 P.O. Box 128
PITTSBURGH, PA 15222 LAKELAND, FL 33813 CALERA, AL 35040
Tel: (412) 995-2017 Tel: (877) 644-9010 Tel: (205) 668-6999
Fax: (412) 995-5515 Fax: (863) 644-9030 Fax: (205) 668-4474
Contact: Bruce D. Routhieaux Contact: John L. Thompson Contact: Carolyn Maddox
CITY OF RIVIERA BEACHI775.86
RAIL $210.13
~-------------------------------- --------------- ---------------
~R~~-------------J------$8~~------ $17 .48 $153.57
--------------- ---------------
TOTAL 68,663.61 Freight only $227.61 $278.57
CITY OF WEST PALM BEACH/5000
RAIL $210.13
~-------------------------------- --------------- ---------------
TRUCK I $86.68 $17.43 $153.37
~--------------------------------- --------------- ---------------
TOTAL 433,400.00 Freight only $227.56 $278.37
SO. CENTRAL REGIONAL WWTP/300
RAIL $210.13
~-------------------------------- --------------- ---------------
J~~~_____________J______$8~~______ $15.81 $157.94
--------------- ---------------
TOTAL $25,485.00 $225.94 $282.94
VILLAGE OF WELLlNGTON/1250
RAIL $210.13
T~CK-------------l------$8MO------ --------------- ---------------
$17.43 $153.37
~-------------------------------- --------------- ---------------
TOTAL $110,625.00 $227.56 $278.37
APPROXIMATE TOTAL/12,925.86 $1,118,021.60 $2,933,545.49 $3,625,328.82
Bulk Quicklime '09 .xls Page 2
ANNUAL CO-OP BULK QUICKLIME
"Offers from the vendors listed herein are the only offers
BID OPENING DATE: NOVEMBER 04,2008 received timely as of the above receiving date and time
BID OPENING TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 005..2821-09/JA if any. are hereby rejected as late"
- _._._-~_._-"-- .-.. - ..--- - - ~ - - ------
VENDORS CARMEUSE LIME & STONE, INC. CHEMICAL LIME CO. OF ALABAMA. INC SOUTHERN LIME CO.
11 STANWIX ST., 11th FLOOR 4720 CLEVELAND HGHTS. BLVD, STE.203 P.O. Box 128
PITTSBURGH, PA 15222 LAKELAND, FL 33813 CALERA, AL 35040
Tel: (412) 995-2017 Tel: (877) 644-9010 Tel: (205) 668-6999
Fax: (412) 995-5515 Fax: (863) 644-9030 Fax: (205) 668-4474
Contact: Bruce D. Routhieaux Contact: John L. Thompson Contact: Carolyn Maddox
---..--.--.
TOTAL (CO-OP QTYXBASE PRICE PER TON) $2,171,544.40 $1,615,750.00
GRAND TOTAL INCLUDES DELIVERY $3,289,566.00 $2,933,545.49 $3,625,328.82
.._._~'~_O'_'_ ,-~~->_.._._-- _._..._..__._~ - -...-----
METHOD OF DELIVERY Rail/Truck Rail/Truck Truck
HOW WILL YOU ASSURE DELIVERY If rail not available, by truck from 1 ).Ship from 1 of 5 alternative Should truck crisis occur, delivery
IN TIME OF CRISIS Longview Alabama. If Ft. Lauderdale locations in FI. 2). Direct ship by vial rail would be used. Should rail
---~------'-----'-' unavailable FI. terminals will supply pneumatic tanker from Alabama plants crisis occur truck delivery would be use~u _
WILL YOU EXTEND SAME PRICES
TO OTHER ENTITIES WITHIN THE COUNTY? NO NO YES
--~ ._-_.~- _.__ ~_b."_ . -. - ._~-_._--~-- - -~. -. ,-
WILL YOU EXTEND SAME PRICES & TERMS
WITHIN BROWARD COUNTY? NO NO YES
LIST OF REFERENCES SUBMITTED YES YES YES
-.- -- -----.---.- ~, ~_._-,--_.~~-_.- ~-~- -- -_...~--~----
TRAINING ~~ EXPERIENCE RECORD
SUBMITTED NOH YES YES
"------.-----.---..-. ~
LIST OF EOUIPMENT & FACILITIES
AVAILABLE SUBMITTED YES YES YES
--- - ~~
SERVICE REPRESENTATIVE INFO
SUBMITTED YES YES YES
ANTI-KICKEIACK AFFIDAVIT SUBMITTED YES YES -_.
YES
~---~....
Quicklime 'U!:l xis
ANNUAL CO-OP BULK QUICKLIME
"Offers from the vendors listed herein are the only offers
BID OPENING DATE: NOVEMBER 04, 2008 received timely as of the above receiving date and time.
BID OPENING TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 005-2821-09/JA if any, are hereby rejected as late"
VENDORS CARMEUSE LIME & STONE, INC. CHEMICAL LIME CO. OF ALABAMA, INC SOUTHERN LIME CO.
11 STANWIX ST., 11th FLOOR 4720 CLEVELAND HGHTS. BLVD., STE.203 P.O. Box 128
PITTSBURGH, PA 15222 LAKELAND, FL 33813 CALERA, AL 35040
Tel: (412) 995-2017 Tel: (877) 644-9010 Tel: (205) 668-6999
Fax: (412) 995-5515 Fax: (863) 644-9030 Fax: (205) 668-4474
Contact: Bruce D. Routhieaux Contact: John L. Thompson Contact: Carolyn Maddox
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A MINORITY OWNED YES/NOT A MINORITY OWNED YES/NOT A MINORITY OWNED
BUSINESS. BUSINESS. BUSINESS
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
PRODUCT INFORMATION SUBMITTED YES YES YES
M.S.D.S. SUBMITTED YES YES NO
COMMENTS **Available on Request.
Bulk Quicklime '09 .xls Page 4
QjChemical Lime
~ ."' '-hOIST Group CQmpan\
October 10, 2008
Ms. Janet Allen, Buyer
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Subject: Bid 005-2821-09/JA
Dear Ms. Allen:
Chemical Lime Company would like to thank you for the opportunity to submit our
bid for Quicklime for the City of Boynton Beach and the Coop.
Please find attached the completed bid documents as well as all requested
attachments. In the circumstance where we are unable to personally attend the
bid opening, we would appreciate having a copy of the bid results emailed to us
@ Elizabeth.hart@chemicallime.com.
Should you have any questions, or need additional information, please do not
hesitate to contact us.
Sincerely,
CHEMICAL LIME COMPANY
~Q,~
Eliz eth A. Hart
Florida Sales Coordinator
Encls.
Chemical Lime Company of Alabama, Inc.
Lakeland Sales Office
4720 Cleve/and Heights Boulevard, Suite 203, Lakeland, Florida 33813
Phone: (863) 425-1544 Fax: (863) 425-0686
t
'.'
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6310
FAX: (561) 742-6316
ADDENDUM #1
DATE: OCTOBER 02, 2008
BID TITLE: "ANNUAL CONTRACT FOR CO-OP BULK QUICKLIME"
BID NUMBER: #005-2821-09/JA
The following changes, additions, deletions, and/or information are hereby made a part of
the Bid for the "ANNUAL CONTRACT FOR CO-OP BULK QIDCKLIME".
On Page # 9: GOVERNMENTAL UNIT, the City of West Palm Beach reads 2.1
Million Tons
Please change to read 5,000 Tons
On Page # 10: AGGREGATE TOTAL reads 2,107,925.86 TONS
Please change to read 12,925.86 TONS
Date 10/10/08
Chemical Lime Company of Alabama, Inc.
(Name of Bidder, Corporation, Firm or Individual)
By ~s~
John L. Thompson
Printed Name
Florida Manager
Title
877-644-9010
Telephone Number
BIDDER ACKNOWLEDGEMENT
Submit Bids To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date: OCTOBER 01, 2008
Bid Title: ANNUAL CONTRACT FOR CO-OP BULK QUICKLIME
Bid Number: #005-2821-09/JA
Bid Received By: NOVEMBER 04, 2008, NO LATER THAN 2:30 P.M. (LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: NOVEMBER 04, 2008, no later than 2:30 P.M. (local time) and may
not be withdrawn within ninety (90) days after such date and time.
All awards made as a result of this bid shall conform to applicable sections of the charter and
codes of the City.
Name of Vendor: Chemical Lime Company of Alabama, Inc.
Federal I.D. Number: 63-1002780
A Corporation of the State of: Alabama
Area Code: 863 Telephone Number: 644-9010
Mailing Address: 4720 Cleveland Heights Blvd., Suite 203
City/State/Zip: Lakeland, FL 33813
Vendor Mailing Date: 10/10/08
John L. Thompson
Name Typed
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
I
" .
,
PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
FOR
ANNUAL CONTRACT FOR
CO-OP BULK QUICKLIME
To All Bidders: Date: October 10, 2008
The undersigned declares that he has carefully examined the specifications and is thoroughly
familiar with its provisions and with the quality, type and grade of product/service called for.
When submitting more than one bid proposal price for this product and/or service, indicate how
many individual and/or combination item(s) are to be tabulated and considered. Attach a separate
proposal sheet for each.
The undersigned proposes to deliver the product/service in accordance with the specifications for
the sum of:
1. Total Cooperative Quantities
Base Price Per Ton $ 210.13*
*FOB Fort Lauderdale, FL
ENTITY QTY (TONS) FREIGHT RATE EXTENDED TOTAL
PER TON AMOUNT
RAIL* TRUCK
City of Boynton Beach 1,100 Tons $210.1 $ 16.50 $ 226.63 J4l~ ') II; A n'
~, 1./
$ 225.94 72?;)iOOS
City of Delray Beach 3,200 Tons $210.1 $ 15.81 /
City of Lake Worth 1,300 Tons $210.1 $ 16.50 $ 226.63 244 G fL1
/
17 & r/;}. 4 (~
City of Riviera Beach 775.86 Tons $210.1 $ 17.48 $ 227 .61 I j j)- I
5,000 I( )))7/3
City of West Palm Beach 2,100,000 Tem~ $210.1 $ 17.43 $227.56 I
~l'-"/' .,
So. Central Regional WWTP 300 Tons .~ $ 15.81 $ 225.94 j"") (Iv
$210. L ( . t.'l..j
Village of Wellington 1,250 Tons $210.1: $ 17.43 $2Z7.56 ) !/ <' 4::::'0 Ou
ii./'I; )',
12,925.86
APPROXI1\1ATE TOTAL: 2,107,925.86 TfJHS $210.1: $NlI. $ 2,93~,545.49
TOTAL (COOPERATIVE TOTAL QUANTITY X BASE PRICE PER TON)
$ 2,933,545.49
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
*.IN:::l.u:H; l:irre t:rice, rcril :Erei# am t:r:arEfeL a::sts. 22
,
PROPOSAL continued...
ALL PRICES F.O.B. DESTINATION
II. Delivery Date
A. State your method of delivery from source to each entity's Water Plant.
Pneumatic tank truck
-_..-,.
__.n
B. How will you assure supply and delivery to the participating governmental entities in the event
of a transportation crisis involving truck, railcar or hurricane?
Option 1: Ship from one of five alternative locations in Fl.
Option 2::, Direct ship by pneumatic tankerEfrom Alabama plants.
Will you extend the same prices, terms and conditions to other governmental agencies within Palm
Beach County? YES NO x
- -
Will you extend the same prices, terms and conditions to other governmental agencies within
Broward County?
YES NO x
- -
The undersigned bidder certifies that this Bid Proposal is submitted in accordance with the
Provisions, Specifications, and Conditions governing this bid.
Original and two (2) copies submitted Yes
Yes/No
THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
,
.
PROPOSAL continued....
Training & Experience record submitted Yes
Yes/No
List of references submitted Yes
Yes/No
List of equipment & facilities available
to do work submitted Yes
Yes/No
Service Representative information submitted Yes
Yes/No
Chemical Lime Company of AI., Inc. ~-t.--
COMPANY NAME
S NATURE
John L. THompson
PRINTED NAME
( 877 ) 644-9010 Florida Manager
TELEPHONE NUMBER TITLE
john.thompson@chemicallime.com 863-644-9030
E-MAIL ADDRESS , FAX
THIS PAGE TO BE SUBMIITED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
24
l
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of
gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By: itl"t-p ~
N ME - SIGNATURE
Sworn and subscribed before me
this 1 0 day of October ,20 08
Printed Information:
John L. Thompson
NAME
Florida Manager
TITLE
~ll&Hl Q 1hJ:j-.
NARY PUBLIC, State of Flonda
at Chemical Lime Company of AI., Inc.
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
,,;:;
~
CONFIRMA TION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
Is your company a Minority Owned Business? X
Yes No
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
0) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES NO x
- -
If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
TIllS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
MOB - 1
Revised 02/22/05
26
VI.-CONSENT AGENDA
ITEM B.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 Meeting Dates in to City Clerk's Office
~ December 16, 2008 December 1,2008 (Noon) D February 17,2009 February 2, 2009 (Noon)
D January 6, 2009 December 15, 2008 (Noon) D March 3, 2009 February 17,2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) D March 17,2009 March 2, 2009 (Noon)
D February 3, 2009 D April 7, 2009 Sl
January 19, 2009 (Noon) March 16,2009 (Noon) C) ~.~
0) -t...,
:z: -<OJ
<:) n""'tl
<:
D Announcements/Presentations D City Manager's Report N ~
... ~1ll-<
NATURE OF D Administrative D New Business ~.%:
-0 l.h-'l
AGENDA ITEM ~ Consent Agenda D Legal 3: Q
_ Ox
D Cod, Comp"'"" & L,gal s,"""""" D Untini,h,d Bu,;n,,, I)i> I
...
D Public Hearing D U1 .
RECOMMENDATION: A motion to approve the "ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE "
LINKS AT BOYNTON BEACH GOLF COURSE, BID# 003-2910-09/JA, with CLEANING QUALITY SERVICES
OF US CORP. of Hollywood, Florida, for contractual services in the amount of $1,956.00 per month with an annual
expenditure of $23,472.00.
EXPLANATION: On October 23, 2008, the Procurement Services received and opened nineteen (19) proposals for
the referenced Bid. The Links of Boynton Beach Golf Course reviewed the proposals and it is recommended to award
this Bid to CLEANING QUALITY SERVICES US CORP, which was the lowest, most responsive, responsible bidder
who meets all specifications and have received excellent responses on the reference checks from their current
contracts on hand. Golf Course concurs with this recommendation, see attached memo #08-08.
PROGRAM IMP ACT: The purpose of this Bid was to obtain firm pricing for a one year period for contractual
janitorial services for the City of Boynton Beach's Golf Course, Links at Boynton Beach, located at: 8020 Jog Road,
Boynton Beach, Fl. 33472.
FISCAL IMP ACT: Account # Estimated Expenditure:
411-2911-572-49-17 $23,472.00
ALTERNATIVES: To hire a janitor or pay hourly for the services as a full time employee with benefits.
2007-200 E p~ $24,960.00 l~~
~, -
Department Head's Signature City Manager's Signature
Assistant to City Manager ~
, . ~~ /~J2,
Procurement Services CitY Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Cc: Scott Wahlin Golf Maintenance Manager
1 RESOLUTION NO. R 08-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AN ANNUAL CONTRACT FOR
6 JANITORIAL SERVICE FOT THE LINKS AT
7 BOYNTON BEACH GOLF COURSE WITH
8 CLEANING QlJALITY SERVICES llS CORP., IN
9 THE AMOlJNT OF $23,472.00; AUTHORIZING THE
10 MA YOR TO EXEClJTE SAID AGREEMENT: AND
11 PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, on October 23, 2008. the Procurement Services received and opened
15 nineteen (19) proposals for bid #003-2910-09/JA, Annual Contract for Janitorial Service for
16 the Links at Boynton Beach Golf Course: and
17 WHEREAS, it is recommended to award this bid to Cleaning Quality Services US
18 Corp., of Hollywood. Florida which was the lowest. most responsive, responsible bidder who
19 meets all specifications.
20 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 I Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
I
23 Ibeing true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 I Section 2. The City Commission of the City of Boynton Beach. Florida. hereby
II
26 approves an Annual Contract for Janitorial Service for the Links at Boynton Beach (in] r
27 Course Bid #003-2910-09/JA with Cleaning Quality Services US Corp.. of Hollyvvood.
28 IIFlorida with an annual expenditure of $23.4 72.00 and authorizes the Mayor and City Clerk to
29 Ilexecute the Agreement between the parties, a copy of which is attached hereto as Exhibit "A"
, I
Ii
I!
I lS.ICAIRESO\AgreementsIJanitorial Services - Golf Course (2009).doc
! i
Ii
! ~
. r r
1 Section 3. That this Resolution shall become effective immediately.
2 PASSED AND ADOPTED THIS _ day of December, 2008.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Woodrow L. Hay
17
18
19 Commissioner - Marlene Ross
20 ATTEST:
21
22
23
24 Janet M. Prainito, CMC
25 City Clerk
26
27
28 (Corporate Seal)
:\CA\RESO\Agreements\Janitorial Services - Golf Course (2009).doc
MEMORANDUM 08-08
To: Carol Doppler, Purchasing Agent
From: Scott Wahlin, Golf Maintenance Manager
Re: Sealed Bid #003-291 0-09/JA
ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR
THE LINKS AT BOYNTON BEACH GOLF COURSE
Date: November 17, 2008
The selection committee consisted of Dan Hager, Golf Operations Manager,
Gregory Richburg, Restaurant Manager and me. We studied the proposals
provided by nineteen companies in regards to this bid. We recommend awarding
this bid to:
Cleaning Quality Services US Corp
711 N 69th Way
Hollywood, Florida 33024
(786) 752-1938
Contact: Glady Castro
Bid Amount: $1956.00 per month
Budgeted Amount: $2666.67 per month
Last Year's Expense: $2080.00 per month
Account: 411-2911-572-49-17 Contractual Services
This company was the low bidder and received excellent responses from their
current contracts on hand. I visited one of their current contracts, Shell Systems
located in Lake Worth and their work was very satisfactory.
The alternative to utilizing this service would be to hire a janitor or pay hourly for
the services. We have determined that these options are not as cost effective as
paying for the service on a monthly basis. In addition we receive a lot of traffic at
our facility, which requires cleaning continuously throughout the day, seven days
per week. This contract provides for a janitor to be on duty eight hours per day on
weekdays and four hours per day on weekends.
),l~,-,
Scott Wahlin, CGCS
CERTIFIED BY THE GOLF COURSE SUPERINTENDENTS ASSOCIATION OF AMERICA
~~~XXltlC LUWC~l NU~l KC~YUN~lbLC, KC~YUN~lVC blUUCK WtlU NCC1~ ALL ~YC~1~1~Al1UN~xXXXX )J.~_
c~1t~~N~dEi~
SCOTT WAHLIN, GOLF ~~1NT. MANAGER
BID:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 003-291 Q-09/JA if any, are hereby rejected as late"
~~ ~ J-. ~ 4-
VENDORS C&M CLEANING SERVICES CHI-ADA CORPORATION CLEANING QUALITY SERVo US CORP.
25 W. PINE TREE AVENUE 135 NW 163RD STREET 711 N 69 WAY
LAKE WORTH, FL 33467 MIAMI, FL 33169 HOLLYWOOD, FL 33024
PH: (561) 305-7905 PH: (305) 948-5651 PH: (786) 752-1938
FAX: (561) 964-4678 FAX: (954) 777-5147 FAX: (954) 391-7884
CONTACT: MERCATUR GUERRIER CONTACT: BART OKORO CONTACT: GLADY CASTRO
TOTAL AMOUNT PER WEEK
$750.00 $673.85 I NOBID
i
TOTAL AMOUNT PER MONTH
$3,000.00 $2,920.00 $1,956.00
ADDITIONAL WORK PER HOUR ,
I
I $22.00
$25.00 $25.00 i
i
NUMBER OF BID PROPOSALS
SUBMITTED ONE ONE ONE
;
lONE ORIGINAL AND THREE COPIES
SUBMITTED YES YES YES
SPECIFICATION CHECK OFF SHEETS !
SUBMITTED YES YES*** YES
LIST OF REFERENCES SUBMITTED
YES NO YES
CURRENT CONTRACTS ON HAND
SUBMITTED YES YES YES
ANTI-KICKBACK SUBMITTED
YES YES YES
Sheet 1 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE
BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: OCTOBER 23, 2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 003-291 0-09/JA if any, are hereby rejected as late"
-
VENDORS C&M CLEANING SERVICES CHI-ADA CORPORATION CLEANING QUALITY SERVo US CORP.
25 W. PINE TREE AVENUE 135 NW 163RD STREET 711 N 69 WAY
LAKE WORTH, Fl 33467 MIAMI, Fl 33169 HOll YWOOD, Fl 33024
PH: (561) 305-7905 PH: (305) 948-5651 PH: (786) 752-1938
-- FAX: (561) 964-4678 FAX: (954) 777-5147 FAX: (954) 391-7884 ,.----..-.-.-
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/YES YES/NOT A MINORITY YES/NOT A MINORITY
APPLICATION BEING PROCESSED OWNED BUSINESS OWNED BUSINESS
--
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
--- ---_."~~"--_._--- .-- ~- --.-.---.....-.- ._.~~.,-".- ~"~- -- .- --
COMMENTS *** SEE NOT A TIONS
- -.. -_.__.._.~--. . - ...
::::,heetl J\NNUAL U:J!\J! RA,; i !- Uki/\NI! UI..;i/\1 :::iLRVIU- 1(, . nIt- INkS />.. 1 Boyr\jTON BEACI! ,jOLJ COURSE
BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: OCTOBER 23, 2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 003-291 0-09/JA if any, are hereby rejected as late"
VENDORS CLEANING SYSTEMS, INC. COVERALL FACILITY CLEANERS
10330 N.W. 55 STREET 1800 W. WOOLBRIGHT 7330 NW 1 PLACE
SUNRISE, FL 33351 BOYTON BEACH, FL 33426 PLANTATION, FL 33317
PH: (954) 341-0000 PH: (321) 557-2039 PH: (561) 449-1921
FAX: (954) 341-6771 FAX: (561) 375-8700 FAX: (954) 633-4993
CONTACT: JAMES L. FISCHER CONTACT: FRED JEAN CONTACT: JONAS GUTU
TOTAL AMOUNT PER WEEK
$650.00 $800.00 $960.00
TOTAL AMOUNT PER MONTH
$2,816.00 $3,200.00 $4,156.80
ADDITIONAL WORK PER HOUR
$17.00 $14.95 $20.00
NUMBER OF BID PROPOSALS
SUBMITTED ONE ONE ONE
ONE ORIGINAL AND THREE COPIES
SUBMITTED YES YES YES
SPECIFICATION CHECK OFF SHEETS
SUBMITTED INCOMPLETE YES YES
LIST OF REFERENCES SUBMITTED
YES YES YES
CURRENT CONTRACTS ON HAND
SUBMITTED NO YES YES
ANTI-KICKBACK SUBMITTED YES/***
YES YES
Sheet 2 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE
BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time.
BID: DUE TIME: 230 P.M. All other offers submitted in response to this solicitation,
BID # 003-291 O-OSl/JA if any, are hereby rejected as late"
____ _.___. __ ._.~__ _u__ -".,~- - .~_. --.--
VENDORS CLEANING SYSTEMS, INC. COVERALL FACILITY CLEANERS
10330 N.W. 55 STREET 1800 W. WOOLBRIGHT 7330 NW 1 PLACE
SUNRISE, FL 33351 BOYTON BEACH, FL 33426 PLANTATION, FL 33317
PH: (954) 341-0000 PH: (321) 557-2039 PH: (561) 449-1921
FAX: (954) 341-6771 FAX: (561) 375-8700 FAX: (954) 633-4993 -,.-,.
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A YES/NOT A MINORITY YES/NOT A MINORITY
MINORITY OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
----.----- '--.'- -,.._-- -,.- .
COMMENTS *** NOTARY EXP. DATE WAS
ILLEGIBLE. THEY SENT IN
AFTER BID OPENING
.-.' . -------".,_._._-~_.,.._.~. - . "-.--....,..- .__.._--_.__.._---------~--_._---._--_.. --~--_._-,-_..._--~-------,._.__._.._-_.,_.."----_..-.------.,.--.--- .-._---_.,.._-------_.,.."-,--,,..~.- .
'';heet L :\J'-lNUAi_:ONTRAC riJf;' JANiTORiAL SERViCE: F,,- . THt. LiNK::', I'.., j Ben NT UN BEACH GOLF \.:UURSE
BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 003-291 0-09/JA if any, are hereby rejected as late"
VENDORS FIRST GENESIS LAWN & J.P. COMMERCIAL CLEANING, INC A PERFECT TIMING IIV INC.
JANITORIAL SERVICE, INC. DBA INTER KLEEN DBA JUST IN TIME JANITORIAL
P.O. BOX 244061 1599 S.W. 30TH AVENUE,STE 4 P.O. BOX 1173
BOYNTON BEACH, FL 33411 BOYNTON BEACH, FL 33426 LAKE WORTH, FL 33460
PH: (561) 523-0946 PH: (561) 732-1818 PH: (561) 860-6900
FAX: (561) 793-7182 FAX: (561) 732-1869 FAX: NO FAX
CONTACT: MACK MCCLENDON CONTACT: ORLANDO DA SILVA CONTACT: TAMICA CLINTON
TOTAL AMOUNT PER WEEK
$816.00 $468.45 $1,232.00
TOTAL AMOUNT PER MONTH
$3,264.00 $2,030.00 $4,928.00
ADDITIONAL WORK PER HOUR
$19.00 $9.75 $25.00
NUMBER OF BID PROPOSALS
SUBMITTED ONE ONE ONE
lONE ORIGINALAND THREE ,-,U','Il::::>
SUBMITTED YES YES TWO COPIES SUBMITTED
SPECIFICATION CHECK OFF SHEETS
SUBMITTED YES YES YES
LIST OF REFERENCES SUBMITTED
YES YES YES
CURRENT CONTRACTS ON HAND
SUBMITTED YES YES YES
ANTI-KICKBACK SUBMITTED
YES YES YES
Sheet 3 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE
BID:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: OCTOBER 23, 2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation.
BID # 003-291 0-09/JA if any. are hereby rejected as late"
.-.
VENDORS FIRST GENESIS LAWN & JP COMMERCIAL CLEANING, INC A PERFECT TIMING IIV INC.
JANITORIAL SERVICE, INC. DBA INTER KLEEN DBA JUST IN TIME JANITORIAL
P.O. BOX 244061 1599 SW. 30TH AVENUE,STE 4 P.O. BOX 1173
BOYNTON BEACH, FL 33411 BOYNTON BEACH, FL 33426 LAKE WORTH, FL 33460
PH: (561) 523-0946 PH: (561) 732-1818 PH: (561) 860-6900 ----.
CONFIRMATION OF MINORITY OWNED YESIYES PBC OFFICE OF
BUSINESS SUBMITTED SMALL BUSINESS YES/NOT A MINORITY YES/NOT A
ASSISTANCE OWNED BUSINESS MINORITY OWNED BUSINESS
---... -.-.- ------- ~._-"._._,."'" .- --,. ..--........_. - - ."-." ~---
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
--,._----~"_._----- ----_....~--"-_._-_._-----~---_.._...._- ------ "____.____._.~"_~"._ _V_'__._~_.___"'. ..-
COMMENTS
_.~-_.--. -~-_._- ---.-."--- .-.-.-'----- '-". "' ....~.__.".._~.~ ._."._~-" -.
::3r1eet ~) L\NNUAl ' uN I kAt i f u~:.: IA.l\ll: ukLL\! ;)t:kVILL ,-l iH~- uNKS (I. i t$UYN I UN BEACH !..:jUU (~UURSE:
BID:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: OCTOBER 23, 2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 003-291 0-09/JA if any, are hereby rejected as late"
VENDORS KLEEN MASTER, INC. M.P.CLEANING SERVICES MAGIC CLEAN, INC. I
OF FLORIDA
1125 NE 125 ST. P.O. BOX 882165 3244 WEST CAT CAY ROAD
NORTH MIAMI, FL 33161 PORT ST. LUCIE, FL 34988 LANTANA, FL 33462
PH: (305) 981-0745 PH: (772) 224-9708 PH: (561) 572-1440
FAX (305) 357-3752 FAX: (772) 904-6009 FAX: NO FAX
CONTACT: MICHAEL GREENSPAN CONTACT: TUBALCAIN PIRELA CONTACT: MAURICIO MELANA
TOTAL AMOUNT PER WEEK
$542.00 $569.00 $660.00
TOTAL AMOUNT PER MONTH
$2,346.86 NOBID $2,860.00
ADDITIONAL WORK PER HOUR
$30.00 $11.50 $15.50
NUMBER OF BID PROPOSALS
SUBMITTED ONE ONE ONE
ONE ORIGINAL AND THREE COPIES
SUBMITTED YES YES YES
SPECIFICATION CHECK OFF SHEETS
SUBMITTED YES YES YES
LIST OF REFERENCES SUBMITTED
YES YES YES
CURRENT CONTRACTS ON HAND
SUBMITTED YES YES YES
ANTI-KICKBACK SUBMITTED YES YES YES
Sheet 4 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE
BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: OCTOBER 23, 2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 003-291 0-09/JA if any, are hereby rejected as late"
- - ..-- -1
VENDORS KLEEN MASTER, INC. M.P.CLEANING SERVICES MAGIC CLEAN, INC.
OF FLORIDA
1125 NE 125 ST. P.O. BOX 882165 3244 WEST CAT CAY ROAD
NORTH MIAMI, FL 33161 PORT ST. LUCIE, FL 34988 LANTANA, FL 33462
PH: (305) 981-0745 PH: (772) 224-9708 PH: (561) 572-1440 --.-
CONFIRMATION OF MINORITY OWNED YES/NOT A YES/CERTIFIED/OFFICE OF SUPPLIER YES/NOT A MINORITY
BUSINESS SUBMITTED MINORITY OWNED BUSINESS STATE OF FL (PENDING) OWNED BUSINESS
-_...._~- _..~---- '-- -------'--------- "'-'1
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
--_._-_.~~.._..." - ,~_.~._~.~,...._'Ou"._,___._.._^_ ,__..," __"_~..._._ .~.__."--~-_._-_._~.~---_._- -~ -".~- --_..,.._._~--".-.._.__._+...-
COMMENTS
~~....+-_...--- ~~-~-_._,.- - _.~-_.,-"_.---_..- .-.--,.-.--,-, - .... -_.__..----------,,~-~~.__._----_. -"-'-"'--'-."--'--'- -
Sheet 4 M,Jf\JUJ\1 ., :l)N I HAC: ! f UJ-.: .IANII UR1Ai SEkVIC!:- !-\ - . 1 HE: : iNK::-; !\! BUYN I em BEAd, GOLi ,_~UURSF
BID:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 003-291 0-09/JA if any, are hereby rejected as late"
VENDORS MAlA CLEANING SERVICES, DBA OMEX OFFICE MAl NT. EXPERTS OMNI BUSINESS GROUP, INC. I
MAlA LAWN & LANDSCAPE SVCS, INC.
6940 STONEY CREEK CIRCLE 1599 S.W. 30TH AVE. STE 7 6701 MALLARDS COVE RD 24 E
LAKE WORTH, FL 33467 BOYNTON BEACH, FL 33426 JUPITER, FL 33458
PH: (561) 723-9605 PH: (561) 742-9333 PH: (561) 255-1195
FAX:(561) 964-6448 FAX: (561) 742-9344 FAX: NO FAX
CONTACT: CLAUDIA RODRIGUEZ CONTACT: RANDY MILBERG CONTACT: MONIQUE REED
TOTAL AMOUNT PER WEEK
$620.00 $1,037.00 $593.75
TOTAL AMOUNT PER MONTH
$2,687.00 $4,494.00 $2,375.00
ADDITIONAL WORK PER HOUR
$20.00 $35.00 $17.00
NUMBER OF BID PROPOSALS
SUBMITTED ONE ONE ONE
ONE ORIGINAL AND THREE COPIES
SUBMITTED YES YES YES
SPECIFICATION CHECK OFF SHEETS
SUBMITTED YES YES YES
LIST OF REFERENCES SUBMITTED
YES YES YES
CURRENT CONTRACTS ON HAND
SUBMITTED YES YES NO
ANTI-KICKBACK SUBMITTED
YES YES YES
Sheet 5 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH
BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: OCTOBER 23, 2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M, All other offers submitted in response to this solicitation,
BID # 003-291 0-09/JA if any. are hereby rejected as late"
.. I
VENDORS MAlA CLEANING SERVICES, DBA OMEX OFFICE MAl NT. EXPERTS OMNI BUSINESS GROUP, INC.
MAlA LAWN & LANDSCAPE SVCS, INC.
6940 STONEY CREEK CIRCLE 1599 S.W. 30TH AVE. STE 7 6701 MALLARDS COVE RD 24 E
LAKE WORTH, FL 33467 BOYNTON BEACH, FL 33426 JUPITER, FL 33458
PH: (561) 723-9605 PH: (561) 742-9333 PH: (561) 255-1195
CONFIRMATION OF MINORITY OWNED YES/NOT A MINORITY YES/NOT A YES/NOT A MINORITY
BUSINESS SUBMITTED OWNED BUSINESS MINORITY OWNED BUSINESS OWNED BUSINESS
-- f------ ~---'---.1
CONFIRMATION OF DRUG FREE YES YES YES
WORKPLACE SUBMITTED
--_.-- ~-,. - .__..~- ~-~~--~- ".-- l
COMMENTS
- _.____..___..____M_ ._J
'~Ileet :) !-I,NNUJ.I,i (,fiN I f~J\C! l'Uk JA.Ni! UkLi\L Sf::h. _ .,JE f-OR THE L.INKS p, f BOYNTON BEACH
BID:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 003-291 0-09/JA if any, are hereby rejected as late"
VENDORS RANDCOL JANITORIAL SERVICES SIBLlNGZ CLEANING CONCEPTS, SWIFFER CLEANING LLC. I
SUITE 105 INC.
8551 WEST SUNRISE BLVD. 2101 VISTA PARKWAY, #4007 9957 EQUUS CIRCLE
PLANTATION, FL 33322 WEST PALM BEACH, FL 33411 BOYNTON BEACH, FL 33472
PH: (954) 497-9900 PH: (561) 228-6179 PH: (561) 337-4992
FAX: (954) 497-1894 FAX: (877) 433-0813 FAX: (561) 337-5025
CONTACT: COLIN MCDONALD CONTACT: MONICA THOMPKINS CONTACT: ODETTE FLEURIV AL
TOTAL AMOUNT PER WEEK
$551.88 $534.50 $618.00
TOTAL AMOUNT PER MONTH
$2,207.52 $2,138.00 $2,678.00
ADDITIONAL WORK PER HOUR
$13.14 $20.00 $12.00
NUMBER OF BID PROPOSALS
SUBMITTED ONE ONE ONE
lONE ORIGINAL AND THREE COPIES
SUBMITTED YES YES YES
SPECIFICATION CHECK OFF SHEETS
SUBMITTED YES YES YES
LIST OF REFERENCES SUBMITTED
NO YES YES
CURRENT CONTRACTS ON HAND
SUBMITTED NO YES NO
ANTI-KICKBACK SUBMITTED
YES*** YES YES
Sheet 6 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE
BID:ANNUAL GONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTONBEACHGOLFCOURSE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 003-291 0-09/JA if any. are hereby rejected as late"
------- SIBLlNGZ CLEANING CONCEPTS, SWIFFER CLEANING LLC.d'-1
VENDORS RANDCOL JANITORIAL SERVICES
SUITE 105 INC.
8551 WEST SUNRISE BLVD. 2101 VISTA PARKWAY, #4007 9957 EQUUS CIRCLE
PLANTATION, FL 33322 WEST PALM BEACH, FL 33411 BOYNTON BEACH, FL 33472
PH: (954) 497-9900 PH: (561) 228-6179 PH: (561) 337-4992
CONFIRMATION OF MINORITY OWNED YES/CERTIFIED YES/NOT A MINORITY YES/CERTIFIED
BUSINESS SUBMITTED FRMBC OWNED BUSINESS PBC OFFICE OF SMALL
BUSINESS ASSISTANCE
--_._- . --,",--
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
.. ___.__'_"0 -- .,...-----------.-- .-..,.---.-.....- ---_. .-..-..-...-,..---..-..,.......... -..-.. -. --
COMMENTS ANTI-KICKBACK AFFIDAVIT
NOT NOTORIZED
...... .- -...-,' ......-..----....-.-..--...........,..--....,.... ...........--....
Sileet b .'.J\j N U f\L uN! FV\(.. i '-UI-<, J,I\i'J!! l.miAL ':)ERViCl:: f-C,.. rHE UNf<',:::> i:",l f30YNTON BEACI i GOLF COURSE
BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE
"Offers from the vendors listed herein are the only offers
SID: DUE DATE: OCTOSER 23,2008 received timely as of the above receiving date and time.
SID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
SID # 003-291 0-09/JA if any, are hereby rejected as late"
VENDORS TURN KEY SERVICES, INC.
P.O. BOX 970168
COCONUT CREEK, FL 33097
PH: (954) 761-2555
FAX: (954) 970-0692
CONTACT: LILLIAN MARCHEL
TOTAL AMOUNT PER WEEK
$544.00
TOTAL AMOUNT PER MONTH
$2,176.00
ADDITIONAL WORK PER HOUR
$11.50
NUMBER OF BID PROPOSALS
SUBMITTED ONE
[ONE ORIGINAL AND THREE COPIES
SUBMITTED YES
SPECIFICATION CHECK OFF SHEETS
SUBMITTED YES
LIST OF REFERENCES SUBMITTED
NO
CURRENT CONTRACTS ON HAND
SUBMITTED NO/NONE
ANTI-KICKBACK SUBMITTED
YES
Sheet 7 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE
BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE
"Offers from the vendors listed herein are the only offers
BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time.
BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation,
BID # 003-291 0-09/JA if any, are hereby rejected as late"
_._~- .__.~_.._-----~.-
VENDORS TURN KEY SERVICES, INC.
P.O. BOX 970168
COCONUT CREEK, FL 33097
PH: (954) 761-2555
FAX: (954) 970-0692 __"~""~_'.__~J__~_ u,,___ ','. ___._.~,._._,_._..________~..___..~
CONFIRMATION OF MINORITY OWNED YES/NOT A MINORITY
BUSINESS SUBMITTED OWNED BUSINESS
,~.- __._.__. _ _ _ .._.._ ... ...._~._~_.__._._~~~._.....".___..""_______""r_."
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES
, ----~._~,_.""--"._"^~.~ ~._+ -- --.-.
COMMENTS
,-_.._--~. "_ _"__'''M~''___
Sneer I ANNUAi ,.\.A~ r f<AC r Uh ,jAf,,! fURIAI ~~ER'v ICL 1-,.. . THE:. Lii..JK:.:i Ai i::lUYN i UN BEACH C;OLF \~UURSE
"DRAFT"
SUBJECT TO REVISIONS PRIOR TO SIGNING
AGREEMENT FOR
"ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and CLEANING QUALITY SERVICES US CORP. hereinafter referred to as
"the Bidder", in consideration ofthe mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Bidder is retained by the City to perform custodial
services in connection with the bid designated "ANNUAL CONTRACT FOR JANITORIAL
SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE" . Bid #003-2910-
09/JA
2. SCOPE OF SERVICES. Bidder agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment, and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the
giving of written notice by the City to the Bidder to proceed. Bidder shall perform all services
and provide all work required pursuant to this agreement by December 16. 09. unless an
extension of such time is granted in writing by the City.
4: PAYMENT. The Bidder shall be paid by the Golf Course for completed work and for
services rendered under this agreement as follows:
a. Payment for the work provided by contactor shall be made as provided on exhibit "A"
attached hereto, provided that the total amount of payment to Bidder shall not exceed
$23.472.00. annually, without express written modification of the agreement signed by
the City.
Final payment of any balance due the Bidder of the total contract price earned will be made
promptly upon its ascertainment and verification by the City after the completion of the work
under this agreement and its acceptance by the City.
Payment as provided in this section shall be full compensation for work performed, services
rendered and for all materials, supplies, equipment and incidentals necessary to complete the
work as provided on Exhibit "A".
The Bidder's records and accounts pertaining to this agreement are to be kept available for
inspection by representatives of the City and State for a period of three (3) years after final
payments. Copies shall be made upon request.
5. COMPLIANCE WITH LAWS. Bidder shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
6. INDEMNIFIC A TION. Bidder shall indemnif)', defend and hold harmless the City. '1'
offices, agents and employees, from and against any and all claims, losses or !lability, or an \
portion thereof. including attorneys fees and costs, arising from injury or death to perSOli'
including injuries, sickness, disease or death to Bidder's own employees. or damage to proper! \
occasioned by a negligent act, omission or failure of the Bidder.
7. INSURANCE. The Bidder shall seeure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of S 1,000,000
per occurrence and $1,000,000 aggregate for personal lllJury; and S 1.000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount of
S 1,000,000 (see Attachment' A").
8. INDEPENDENT BIDDER. The Bidder and the City agree that the Bidder is an
independent Bidder with respect to the services provided pursuant to this agreement. Nothing in
this agreement shall be considered to create the relationship of employer and employee between
the parties hereto. Neither Bidder nor any employee of Bidder shall be entitled to any benefits
accorded City employees by virtue of the services provided under this agreement. The City shall
not be responsible for withholding or otherwise deducting federal income tax or social security
or for contributing to the state industrial insurance program, otherwise assuming the duties of an
employer with respect to Bidder, or any employee of Bidder.
9. COVENANT AGAINST CONTINGENT FEES. The Bidder warrants that he has not
employed or retained any company or person, other than a bona fide employee working solei)
for the Bidder, to solicit or secure this contract, and that he has not paid or agreed to pay an)
company or person, other than a bona fide employee working solely for the Bidder, any fee.
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability or, in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of sucb fee
commission, percentage, brokerage fee, gift, or contingent fee.
10. DISCRIMINATION PROHIBITED. The Bidder, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin.
religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
11. ASSIGNMENT. The Bidder shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
12. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
13. TERMINA TION. If the business relationship is deemed to be unsatisfactory by either
the bidder or the Links for any reason, the contract may be ended by either party with 24 hours
written notice with no further labor or financial considerations being considered due.
In the event of the death of a member, partner or officer of the Bidder, or any of its supervisory
personnel assigned to this agreement, the surviving members of the Bidder hereby agree to
complete the work under the terms of this agreement, if requested to do so by the City. This
section shall not be a bar to renegotiations of this agreement between surviving members of the
Bidder and the City, if the city so chooses.
14. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida
Law.
15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attention: Scott Wahlin
Notices to Bidder shall be sent to the following address:
Cleaning Quality Services US Corp.
711 N. 69th Way
Hollywood, FI 33024
Attn: Glady Castro
16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Bidder and supersedes
all prior negotiations, representations, or agreements written or oral. This agreement may be
amended only by written instrument signed by both city and Bidder.
DATED this _ day of 200
-
CITY OF BOYNTON BEACH
Mayor Bidder
Title
Attest/Authenticated:
(Corporate Seal)
City Clerk
Approved as to Form: Attest/ Authenticated:
Office of the City Attorney Secretary
VI.-CONSENT AGENDA
ITEM B.3.
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 Meeting Dates in to City Clerk's Office
[8J December 16, 2008 December 1,2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon)
~
~
0 0 0 ~~
Announcements/Presentations City Manager's Report CO ~
NATURE OF 0 Administrative 0 New Business ~
n""l"1
AGENDA ITEM [gI Consent Agenda 0 Legal N ;;~
_ ::lll-<
o Code Compliance & Legal Settlements 0 Unfinished Business ~z;
:PO <A ~
o Public Hearing 0 :x 0 i
5i1
RECOMMENDATION: A motion to approve a piggy-back ofRFP #B-06-18, Town of Davie .'.,'
R&S Integrated Products and Services of Lakeland, Florida for an Agenda Automation Workflow :::tl
Software in the amount of: $ 40,455.00 and $4,375.00 for CRA as an additional meeting body to include
Software support and annual maintenance for a total expenditure of: $44,830.00
EXPLANATION: On September 2, 2008, Commission approved the purchase of an "E-Agenda"
software. After researching other entities that purchased this software we found that R& S would
service our needs more than other companies software that is offered on the market. Staff researched
and did their due diligence to gather all the information needed for this purchase. The differences in cost
between the city of Boynton Beach and town of Davie is based on a different licensing model (more
professional service hours, more user licenses, i.e. submitters, reviewers, and additional boards or
instances) .
The objective of the R&S Agenda Automation Workflow Software is to automate the agenda creation,
production, distribution and management tasks at the City and improve the efficiency of the agenda
process throughout the City.
Additionally the system will improve effectiveness and application of Agenda document management,
including but not limited to: storage, distribution, retrieval, retention, archival, disaster recovery, and
integration with existing systems.
This system will eliminate paper whenever possible, (approximate cost savings of: $6,000.00),
accomplish increased staff productivity and give the city cost reductions in agenda printing, paper usage,
document distribution costs, document storage space and paper filing. Automated workflow will route
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Janet Prainito - City Clerk
File
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
submitted items to the designated authority for approval, as defined by the user. Notification of item
status will be provided by automated e-mail from within the Easy Agenda Pro environment.
PROGRAM IMPACT: The purpose of the purchase of the Agenda Automation Workflow Software IS
to streamline workload and to make the agenda process seamless and more efficient.
FISCAL IMPACT: The cost for software will be $44,830.00 including eRA's portion to include
software support and annual maintenance
Account #: Expenditure:
001-1310-512-64-14 $40,455.00
001-5165-02-00 $ 4,375.00
$44,830.00
A L TERN A TIVES: : To continue preparing the agenda manually ~
. w!lo?~
Department Head's Signature City Manager's Signature
b,O Jr ~ f--Lv-- -
...... Proc erne m ces
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
C: Janet Praimto - City Clerk
File
. . I
I
1
2 RESOLUTION NO. R-08
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE PIGGY-BACKING OF RFP #B-06-
7 18 TOWN OF DAVIE WITH R&S INTEGRATED
8 PRODUCTS AND SERVICES OF LAKELAND,
9 FLORIDA FOR AN AGENDA AUTOMA TION
10 j; WORKFLOW SOFTWARE IN THE AMOUNT OF
11 I $40,455.00 AND $4,375.00 FOR CRA AS AN
12 ADDITIONAL MEETING BODY; AUTHORIZING
13 THE CITY MANAGER TO EXECUTE A CONTRACT
14 BETWEEN THE CITY OF BOYNTON BEACH AND
15 R & S INTEGRATED PRODUCTS AND SERVICES,
16 INC. FOR A TOTAL EXPENDITURE OF $44,830.00;
17 PROVIDING AN EFFECTIVE DATE.
18
19 WHEREAS, on September 2, 2008, the City Commission approved the purchase
20 of "E-Agenda" software; and
21 WHEREAS, R & S Integrated Products and Services of Lakeland, Florida was
22 found to be able to service the City's needs more than other companies software that is
23 offered on the market; and
24 WHEREAS, the City of Boynton Beach desires to retain the services of R & S
25 Integrated Products and Services of Lakeland, Florida.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. Each Whereas clause set forth above is true and correct and
29 incorporated herein by this reference.
30 Section 2. The City Commission of the City Of Boynton Beach, Florida,
31 ereby approves the piggy-backing of a Town of Davie RFP #B-06-18 with R & S
32 ntegrated Products and Services of Lakeland, Florida for an Agenda Automation
:\CA\RESO\Agreements\Bid Awards\Piggy-backing Davie RFP with R&S.doc
1 Workt10w Software in the amount of $40.455.00 and $4.;' 75.00 fl.)]' ('RA as ar) additiunal
2 meeting body to include software support and annual maintenance for a total expenditure
3 of $44.830.00.
4 Section 3. The City Commission of the City of Boynton Beach hereb\
5 authorizes the City Manager to execute a Contract between the City of Boynton Beach and
6 R&S Integrated Products and Services. Inc.. a copy of which is attached hereto as Exhibit
7 "A".
8 Section 4. That this Resolution shall become effective immediately.
9 PASSED AND ADOPTED this day of December. 2008.
10
11 CITY OF BOYNTON BEACH. FLORIDA
12
13
--,---~~._--- ~."-_._.
14 Mayor ~ Jerry Taylor
15
16
17 Vice Mayor. Jose Rodriguez
18
19
20 Commissioner -- Ronald Weiland
21
22
23 Commissioner- Woodrow L. Hay
24
25
----~~
26 , Commissioner ~ Marlene Ross
27 [ATTEST:
28 i
I
29 !
, ~~-
30 panet M. Prainito. CMC
31 !City Clerk
!
32
33
34 kCorporate Seal)
I
is:\CA\RESO\Agreements\Bid Awards\Piggy-backing Davie RFP with R&Sdoc
Automated Agenda Workflow Solution
Project Contract
BETWEEN the <Client project>
AND R&S Integrated Products and Services, Inc.
THIS CONTRACT is between City of Boynton Beach, whose address is 100 E. Boynton Beach Blvd., P.O. Box
310 Boynton Beach, Florida (hereinafter referred to as ("city") and R&S Integrated Products and Services, Inc., a
Florida corporation, 3816 Industry Blvd., Lakeland, FL 33811, authorized to do business in Florida (hereinafter
referred to as "R&S"). In consideration of the mutual terms and promises set forth below, the city and R&S agree
as follows:
1. Services
R&S' responsibility under this Contract is to provide an Automated Agenda Workflow Solution, or AAWS,
professional services, a technical support and maintenance program, and document conversion services as
described in documents: The city's representative/liaison during the performance of this Contract shall be Janet
Prainito, City Clerk, telephone# 561-742-6061 or designee.
R&S' representative/liaison during the performance of this Contract shall be Robert Porter, President/CEO,
telephone number (863) 709-8044, or Deanna Porter, Chief Financial Officer, telephone number (863) 709-8044.
2. Payments
R&S will bill the city for software delivered and services rendered toward the completion of the work listed in the
above referenced RFP and RFP response at the rates listed in said response. Payments shall be authorized at
the completion of each stage of the contract. Invoice shall be submitted to:
City of Boynton Beach
ATTN: Janet Prainito
TITLE: City Clerk
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FI 33425-0310
Invoices received from R&S pursuant to this Contract will be reviewed and approved by the city's representative,
indicating that software and hardware products have been delivered, and/or professional services have been
rendered in conformity with the Contract, and then will be sent to the Accounts Payable Department for payment.
Invoices will generally be paid within thirty (30) days following the city representative's approval.
Final Invoice: In order for both parties herein to close their books and records, R&S will clearly state "final
invoice" on R&S' final/last billing to the city. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the city. Since this account will thereupon be closed, any and
other further charges, if not properly included on this final invoice, or which are in excess of the not to exceed
amount, are waived by R&S.
Automated Agenda Workflow Solution - Project Contract
3. Initial Contract Period and Contract Renewal
The initial contract period shall begin with the issuance of a purchase order, installation and testing of an AA WS
solution, completion of training, and final acceptance of the AAWS. AAWS Support and Maintenance will
continue for one year from the date of system acceptance or first production use of the system. In addition, the
city reserves the right to renew the support contract for additional year periods, under the same terms, conditions
and specifications contingent upon mutual agreement and city council approval.
4. Access and Audits
R&S shall maintain adequate records related to all charges, expenses, and costs incurred in estimating and
performing the work for at least three (3) years after completion of this Contract. The city shall have access to
such books, records, and documents as required in this section for the purpose of inspection or audit during
normal business hours, at R&S' place of business.
5. Truth-In-Neaotiation Certificate
Signature of this Contract by R&S shall also act as the execution of a truth-in-negotiation certificate certifying that
the wage rates, over-head charges, and other costs used to determine the compensation provided for in this
Contract are accurate, complete and current as of the date of the Contract and no higher than those charged
R&S' most favored customer for the same or substantially similar service. The said rates and costs shall be
adjusted to exclude any significant sums should the city determine that the rates and costs were increased due to
inaccurate, incomplete or concurrent wage rates or due to inaccurate presentation of fees paid to outside
contractors. The city shall exercise its rights under this clause within three (3) years following final payment
6. Insurance ReQuirements
R&S agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this contract the
following insurance coverage and limits, including endorsements described herein. The requirements contained
herein, as well as the city's review or acceptance of insurance maintained by Contractor, is not intended to and
shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract
Commercial General Liability: Contractor agrees to maintain Commercial General Liability at a limit of liability not
less than $1,000,000 Each Occurrence. Coverage shall not contain any endorsement(s) excluding nor limiting
Product/Completed Operations, Contractual Liability or Cross Liability.
Business Automobile Liability: Contractor agrees to maintain Business Automobile Liability at a limit of liability not
less than $500,000 Each Occurrence. Coverage shall include liability for Owned, Non-Owned & Hired
automobiles.
In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non-
Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or
separate Business Auto Liability policy.
1'\___ I') ....~ 0
Automated Agenda Workflow Solution - Project Contract
Worker's Compensation Insurance & Emplovers Liabilitv: Worker's Compensation Insurance to apply for all
employees in compliance with the Worker's Compensation Insurance law of the State of Florida and all applicable
Federal laws. Such policy must include Employer's Liability insurance in the amount of $1,000000.00 for each
accident, $500,000.00 disease (policy limit), and $100,000.00 disease (each employee).
7. Patents and Rovalties:
R&S, without exception, shall indemnify and save harmless the city and its employees from liability of any kind
including cost and expenses for or on account of any copyrighted, patented or unpatented invention, process or
article of manufacture or lot and any article used in the performance of the contract, including its use by the city.
If R&S uses any design, device or materials covered by letters, patent or copyright, it is mutually agreed, and
understood without exception that the proposal prices shall include all royalties or cost arising from the use of
each design, device or materials in any way involved in the work.
8. Contract ContinuitvlTransitional Period:
In the event the services are scheduled to end either by contract expiration or by termination by the city (at the
city's discretion), it shall be incumbent upon R&S to continue the service, if requested by the city, until new
services can be completely operational. At no time shall this transitional period extend more than ninety (90) days
beyond the expiration date of the existing contract. R&S will be reimbursed for this service at the rate in effect
when this transitional period clause is invoked by the city.
9. Contracts OverlappinQ Fiscal Years:
When a contract's terms extends beyond the fiscal year in which the contract commences, the city will issue a
new Purchase Order to cover its needs for the balance of the fiscal year and a new purchase order will be issued
to correspond with the remaining months of the contract that extends into the next fiscal year. Issuance of a new
Purchase Order shall be subject to the availability of budgeted funds.
10. Termination For Cause
If, through any cause, R&S shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if
R&S shall violate any of the provisions of this Contract, the city may, upon a three (3) day written notice to R&S,
immediately terminate the right of R&S to proceed under this Contract or with such part or parts of the Contract as
to which there has been default, and may hold R&S liable for any damages caused to the city by reason of such
default and termination. In the event of such termination, any completed services performed by R&S under this
Contract shall, at the option of the city, become the city's property and R&S shall be entitled to receive equitable
compensation for any work completed to the satisfaction of the city, less any amounts which the city reasonably
deems necessary to withhold in order to correct any defects or deficiencies in the work performed by R&S. R&S,
however, shall not thereby be relieved of liability to the city for damages sustained by the city by reason of any
breach of the Contract by R&S, and the city may withhold any payments to R&S for the purpose of set off until
such time as the amount of damages can be determined.
Page 3 of 8
Automated Agenda Workflow Solution - Project Contract
R&S shall not be held liable for damages under this article solely for reasons of delay if the delay IS due to causes
beyond its control and without its fault or negligence, but this shall not prevent the city from terminating thiS
Contract because of such delay. In no event shall the city pay for profit or overhead on work not performed
11. Termination For Convenience
This Contract may be terminated by the city without cause upon thirty (30) day written notice to R&S. In the event
of such a termination without cause, R&S shall be compensated for all services, together with reimbursable
expenses incurred. In such event, R&S shall promptly submit to the city its invoice for final payment and
reimbursement under the terms of this Contract.
12. Indemnification
R&S shall indemnify and save harmless and defend the city, its agents, servants, and employees from and
against any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or
omission of R&S, its agents, servants, or employees in the performance of services under this Contract.
R&S further agrees to indemnify, save harmless and defend the city, its agents, servants and employees from
and against any claim, demand or cause of action whatsoever kind or nature arising out of any conduct or
misconduct of R&S not included in the paragraph above and for which the city, its agents, servants or employees
are alleged to be liable.
13. Independent Contractor
R&S is an independent contractor under this Contract. Personal services provided by R&S shall be by employees
of R&S and subject to supervision by R&S, and are not officers, employees, or agents of the city. Personnel
policies, tax responsibilities, purchasing policies and other similar administrative procedures applicable to services
rendered under this Contract shall be those of R&S.
14. Authoritv to Practice
R&S hereby represents and warrants that it has and will continue to maintain all licenses and approvals required
to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of
such licenses and approvals shall be submitted to the city's representative upon request.
15. Severabilitv
If any term or provision of this Contract or the application thereof to any person or circumstances shall, to any
extent, be held invalid or unenforceable, the remainder of this Contract, 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 Contract shall be deemed valid and enforceable to the extent
permitted by law.
n___ A -.~ 0
Automated Agenda Workflow Solution - Project Contract
16. Governina Law/JurisdictionNenue
The Contract shall be construed in accordance with and governed by the law of the State of Florida. The parties
agree to Jurisdiction for any action arising out of or relating to this Contract in any Florida state or federal court.
Venue for any action arising out of or relating to this Contract shall lie in Palm Beach County, Florida.
17. Successors and Assians
The city and Contractor bind themselves, their successors, assigns and legal representatives to the other party
hereto and to successors, assigns and legal representatives of such other party in respect to covenants,
agreements and obligations contained in this Contract. R&S shall not assign this Contract without written consent
of the city.
18. Conflict of Interest
R&S represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would
conflict in any manner with the performance or services required hereunder, as provided for in Section 112.311,
Florida Statutes. R&S further represents that no person having any interest shall be employed for said
performance.
R&S shall promptly notify the city's representative, in writing, by certified mail, of all potential conflicts of interest
for any prospective business association, interest, or other circumstances, which may influence or appear to
influence R&S' judgment or quality of services being provided hereunder. Such written notification shall identify
the prospective business association, interest or circumstance, the nature of work that R&S may undertake and
request an opinion of the city as to whether the association, interest or circumstance would, in the opinion of the
city, constitute a conflict of interest if entered into by R&S. The city agrees to notify R&S of its opinion by certified
mail within thirty (30) days of receipt of notification by R&S. If, in the opinion of the city, the prospective business
association, interest or circumstance would not constitute a conflict of interest by R&S, the city shall so state in
the notification and R&S shall, at its option, enter into said association, interest or circumstance and it shall be
deemed not in conflict of interest with respect to services provided to the city by R&S under the terms of this
Contract. Conversely, if, in the opinion of the city the prospective business association, interest, or circumstance
would constitute a conflict of interest by R&S, R&S, shall not enter into said association, interest, or circumstance.
19. Continaent Fees
R&S warrants that it has not employed or retained any company or person, other than a bona fide employee
working solely for' R&S to solicit or secure this Contract and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for R&S, any fee,
commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of
this Contract.
Page 5 of 8
Automated Agenda Workflow Solution - Project Contract
20. Nondiscrimination
R&S warrants and represents that all of its employees are treated equally during employment without regard to
race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation.
21. Public Entity Crimes
As provided in Sections 287.132 and 287.133, Florida Statutes, by entering into this Contract or performing any
work in furtherance hereof, R&S certifies that it, its affiliates, suppliers, subcontractors and Contractors 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. This notice is
required by Section 287.133(3)(a), Florida Statutes.
22. Modifications of Work
The city reserves the right to make changes in Scope of Services, including alterations, reductions therein or
additions thereto. Upon receipt by R&S of the city's notification of a contemplated change, R&S shall, in writing:
(1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
city of any estimated change in the complete date, and (3) advise the city if the contemplated change shall effect
R&S' ability to meet the completion dates or schedules of this Contract. The parties agree to negotiate in good
faith changes in the Scope of Services that may occur.
If the city so instructs in writing, R&S shall suspend work on that portion of the Scope of Services affected by a
contemplated change, pending the city's decision to proceed with the change.
If the city elects to make the change, the city shall initiate a Contract Amendment and R&S shall not commence
work on any such change until such written amendment is executed by the parties hereto with the same formality
as the original.
23. Notice
All written notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to
the city, shall be mailed to:
City of Boynton Beach
ATTN: Janet Prainito
TITLE: City Clerk
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FI 33425-0310
D.....,..,.... a. ,.".f Q
Automated Agenda Workflow Solution - Project Contract
and if sent to R&S Integrated, shall be mailed to:
R&S Integrated Products and Services, Inc.
Attn: Deanna Porter Dean na@rsoasis.com
Address: 3816 Industry Blvd.
Lakeland, Florida 33811
Shipping Address:
P. O. Box 3585
Lakeland, FL 33802
24. Entiretv of Contract
The city and R&S agree that this Contract sets forth the entire Contract between the parties, and that there are no
promises or understandings other than those stated herein. None of the provisions, terms and conditions
contained in this Contract may be added to, modified, superseded or otherwise altered, except by written
instrument executed by the parties hereto with the same formality as the original.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
City Manager
Attest: Approved as to Form:
City Clerk City Attorney
Signed, sealed and witnessed R&S Integrated
in the presence of:
President or Vice President
Attest as to CONTRACTOR
State of Florida )
) ss:
County of Palm Beach )
Page 7 of 8
Automated Agenda Workflow Solution - Project Contract
On this day of ,20_, personally appeared before me, duly authorized to administer
oaths, known to be the persons described herein or-
who has produced as identification and who executed the foregoinq
instrument and has acknowledged before me that they have executed same
Notary Public
My Commission Expires:
r-'l.____ 0 _L 0
e-Agenda jre Comparison
PRODUCT NAME ----> Laserfiche Agenda Manager MCCi MuniAgenda R&S Easy Agenda
Software $29,955.00 $37,225.00 $34,955.00
Minutes module none 1,500.00 included
Cost - Software $29,955.00 $38,725.00 $34,955.00
HARDWARE & ELECTRICAL:
Portable computers for dais (8 units) $13,680.00 $13,680.00 $13,680.00
Electrical outlets installation (dais) 650.00 650.00 650.00
Cost - Hardware & Electrical 14,330.00 14,330.00 14,330.00
Cost - Software Support & Maintenance (annual) 4,500.00 4,225.00 5,500.00
TOTAL COST ----> $48,785.00 $57,280.00 $54,785.00
Optional:
Additional meeting body - license $1,000.00 $4,500.00 $3,500.00
Additional meeting body - annual maintenance 320.00 400.00 875.00
Cost - additional meeting body $1,320.00 $4,900.00 $4,375.00
COST - GRAND TOTAL (includes Optional) _no> $50,105.00 $62.180.00 $59,160.00
PRODUCT FEATURES: ;
Multiple customizable workflows? Yes - somewhat Yes Yes
Incorporate current agenda template? No Yes Yes
Support file attachments to agenda items? Yes Yes Yes
Include status tracking/audit trail? No Yes Yes
Support revisions and re-submittals? Yes Yes Yes
Printable complete agenda packet? Yes Yes Yes
Agenda publish-to-Web feature? Yes Yes Yes
REMARKS:
I. Software quotes include setup & training.
2. Minutes module included with R&S Easy Agenda
3. Hardware: $12,800 PC's, $880 UPS units
4. Software support & maintenance: Easy Agenda includes annual project review (4 hours)
5. Addt'l. meeting body (Easy Agenda) $0 for same person Agenda Coordinator / Administrator
6. Electrical: 5 duplex outlets for dais PC's
7. Rollout period: 4-8 months
3816 Industry Blvd, Lakeland, FL 33811
Voice: 863.709.8044 Facsimile: 863.709.8330
"'- n tH~e www.rsoasis.com
I. ,:;~ "t ~" r
R&S Integrated Products and Services, Inc.
Agenda Automation & Management Software Solutions
- ~.__._._.._-_._-_._-_.- ~--_.-
._....._._--_._-_._-~--~._----_.-
Town of Davie
Proposal for
Agenda Automation Workflow Software (AAWS)
In Response to
Town of Davie RFP #8-06-18
For Agenda Automation Workflow Software
Closing Date January 31, 2006 @ 2:00 PM EST
Presented by
R&S Integrated Products & Services, Inc.
3816 Industry Blvd.
~ Lakeland, Florida 33811
Office: 863-709-8044
salesc<v.rsoasis.com
www.rsoasis.com
Contact: Michael R. Hagins - Director, Sales and Marketing
Proposal Number: TOD2006Q102
Original
January 31,2006
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
Table of Contents
1.0 I ntrod uctio n .................................................................................................................... ............ .......... 3
~ Cover Letter......................................................... ........................... ........................................... ...... 3
~ Company Vision.. .......... ....... ... .......... .................... .......... .......... .......... .......... ............... ... ........ .........4
~ Project Understanding and Commitment............. .................. ............ ........... ...................................6
2.0 Response to RFP ... ....... .......... .......... .......... ............................... .................... ................... .......... ......... 8
~ Solution OveNiew ............ .......... ................................................................................... ................... 8
~ R&S Integrated's EasyAgenda Pro Solution.................................................................................... 8
~ EasyAgenda Set-Up and Workflow Management ...........................................................................9
~ Document Imaging, Agenda Management, and Records Archival................................................ 17
~ Building Electronic Council Agenda ..................... .......... .................. .......... ........... ....... ........... ....... 18
~ Management of Electronic Attachments ...... ....... ......... ..... .......... ........................ ............ ........ ....... 19
~ Action Agenda, Minutes, and Voting Results for Agenda Items .................................................... 19
~ Event and Approval Logs... .................... .......... ... ....... .......... ....... ... ............................... ................. 19
~ Technical Requirements (RFP Section I) ...................................................................................... 22
3.0 Vendor References ........... ....... ... ...... ...... .......... ..... ..... .......... ................ .......... .......... .......... ....... ........ 25
~ EasyAgenda Client References, Projects .............. ......... ......... .... ........... ......... .... ...... .... ........ ........ 26
~ Reference Lists.... ................................................................................... ....................................... 27
4.0 General Statement of Experience. ..... ................... ......... .................. ................... ......... ............ ........ 30
5.0 0 peration al Plan................................................................................................................................. 31
~ Project Scope................................... ................... ................................................................... ........ 31
~ Initial Project Meeting and Requirements Definition Workshop ....................................................31
~ Project Management...................... ................................................................................................ 31
~ Development and Customization ................... ............ .... .......... ...... .................... .............. ...... ........32
~ Site Preparation Visit...................................................................................................................... 32
~ On-Site System Installation, Integration, and Configuration.......................................................... 32
~ Training .............. ................. .......................................................................................................... 32
~ Production Testing......................................................................................................................... 32
~ Assumptions and Dependencies ...................................................................................................33
~ Project Implementation Personnel............ .............. ....... ....... ............................... ....... ... ...... ..........33
~ Professional SeNices and Technical Support ............................................................................... 36
R&S Integrated Products and Services, Inc. Page 1
Town of Davie January 31,2006
Agenda Automation Workflow Software (AAWS)
-~~_._~~ -- -_..._--~~_.- - -
6.0 Com pensation .......................... .........................................................,................,.......................... -".... 38
.,. Proposal Pricing Summary ......., 38
.,. Software Summary...".........,."..... ........" ..,.,.... ........ .,..38
.,.. Professional Services Summary.. ...... .. ... . ..... .......... .. ,.,..38
>- Annual Support and Maintenance Summary., ...... . .. . ..... ,38
.,.. Proposal Cost Summary .......................... ,.... ..,,"" .....,.. ,.41
7.0 Vendor/Bidder Disclosu re...... ...... ..................................................................................................... 42
8.0 EasyAgenda Brochure .............................. .......... .......... .......... ............. ................ ................. .... .... ....44
9.0 Server Hardware Recommendations ............................................................................................... 45
.".~--_._- ~~._- ------
R&S Integrated Products and Services, Inc. Page 2
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
1.0 INTRODUCTION
Town of David January 31, 2006
6591 Orange Drive
Davie, Florida 33314-3399
A TIN: Purchasing - "Proposal for Agenda Automation Workflow Software"
Ref: RFP # 8-06-18 - Agenda Automation Workflow Software
Greetings Project Members,
Enclosed is the R&S Integrated proposal response to the Town of Davie's ("Town"), Request for
Proposals entitled "Agenda Automation Workflow Software", RFP# # 8-06-18, having a closing date of
January 31, 2006. We have also provided additional product and project information for consideration,
which is included in the Table of Contents. This additional information is provided to assist in
understanding the details and comprehensiveness of the proposed solution and related services.
Per the Town's stated intentions, the proposed solution, technologies and services will be installed,
configured and integrated into the Town Clerk's offices and existing Town infrastructure. The R&S Integrated
proposal presents licensing that will fully satisfy the Town's stated usage requirements.
R&S and its principals are committed to providing the requested solution as defined in the RFP specifications
and requirements. The following individuals are designated and authorized to answer questions and respond
to communications concerning this project:
Robert Porter - President / CEO Email: Robert@rsoasis.com
Deanna Porter - Vice President / Treasurer, Director of Operations Email: Deanna@rsoasis.com
Michael R. Hagins - Director, Sales and Marketing Email: sales~rsoasis.com
John Van 8uskirk - Chief Technology Officer Email: support~rsosis.com
Voice: 863.709.8044 Facsimile: 863.709.8330
R&S and I thank you this opportunity to participate in your project and vendor proposal evaluation. I look
forward to our next communication concerning these matters.
Regards,
Robert E. Porter
President / CEO
Company Vision
R&S Integrated Products and Services, Inc. Page 3
Town of Davie January 31,2006
Agenda Automation Workflow Software (AAWS)
~----- __..___._____n______.___ "........_
R&S Integrated - Corporate and Projects Profile
R&S Integrated Products and Services, Inc. is a computer product and service company that specializes in
document imaging/management, data capture, collaborative process automation (agenda process, budget
process, etc.), and document/data conversion services. R&S Integrated was incorporated as a Florida
corporation in October 1993. R&S was established and remains in Lakeland, Florida. We are considered a
'regional' company, focusing in the southeastern United States. However, through project demand and
integration requirements, R&S may work anywhere in the United States and countries within the Western
hemisphere.
R&S Integrated currently has seven (7) people dedicated to project integration, onsite services, and technical
support, and twelve (12) people dedicated to office management and document conversion production. The
R&S corporate facility recently relocated from our 3,000 square foot tenant facility to a new 10,000 square foot
building. This new facility supports all of R&S' operations, including our document conversion production
activities. Working as an integrated team, R&S employees develop and successfully deploy departmental and
enterprise-wide document processing, process automation and management solutions. The breadth of
experience and knowledge of the R&S team, company wide, are brought to bear in completing these projects
That same approach would be utilized in completing all work as stated in the Town's RFP.
Due to the sensitive nature of document conversion services, and the context of documents processed (law
enforcement documents, human resources files, and similar documents with sensitive and protected contenti
all R&S employees must pass a Florida Department of Law Enforcement, FDLE, background check and sign
non-disclosure agreements.
R&S has been a document management, imaging, data capture, and process automation technologies systems
integrator since our inception in October of 1993. For that same period (over twelve years), we have also been
a trusted Laserfiche Value Added Reseller (VAR), making R&S the oldest established Laserfiche reseller in the
world. R&S has also been an AnyDoc Software (formerly Microsystems Technology, Inc.) VAR and integrator
of AnyDoc's sophisticated data capture and auto indexing technology for over eight years. Florida government
entities such as cities, counties, and state departments are the 'target market' for R&S systems and solutions
R&S is also considered to be a valuable resource by the document management/imaging VAR community
Laserfiche is an enterprise level document imaging or Digital Records Management System with over 22,000
installations worldwide. This technology has been given several labels through the years - document imaging,
electronic document management system, or EDMS, and digital records management
AnyDoc is a premier data capture solution for structured and unstructured forms.
----_._-~.__.~-- - _.~--- ---------- -~----"----
R&S Integrated Products and Services, Inc. Page 4
T own of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
Included in the many R&S capabilities is our software development team. This group is responsible for a
number of in-house developed 'middleware' applications, as well as software utilities that we regularly use in
our integration tasks with existing client and legacy applications and databases. These products include
Document Shuttle, EZVolume, EZFind, EzExtract, and EasyAgenda.
R&S developed 'Document Shuttle' to provide an automated process to build or populate the Laserfiche
Electronic Document Management System (EDMS) index structures. The Laserfiche template can be
populated with record indices from existing systems or process data (with delimited or fixed length files, ASCII,
output from data capture and existing RMS systems, and/or ODBC tables). Records can be named
automatically with index and preset values; folders and subfolders can be created automatically. Document
Shuttle will process file documents to the appropriate folder/subfolder during import from existing systems.
Additionally, R&S developed 'EZVolume' to monitor Laserfiche data volumes for set capacities. For example,
data volumes can be set for CD-R or DVD-R size. Once the data volume reaches that capacity, emails are
automatically sent to designated users that certain data volumes have reached set capacities. EZVolume will
then mark the data volume as 'Read Only' and create a subsequent data volume. This is a valuable tool for
record managers and administrators. The Laserfiche data volume can then be written to CD-R or DVD-R
optical disc. The data can subsequently be distributed, archived, or used for stand-alone access through the
Laserfiche 'Plus' publishing option.
R&S also developed 'EZFind' to image-enable existing applications with the Laserfiche EDMS. EZFind can
complete searches in the Laserfiche EDMS from within existing applications and software screens.
EzExtract is used to export image files and related indexes from the Laserfiche EDMS. R&S clients use
EzExtract to integrate Laserfiche with other software systems. Additionally, some R&S clients use EzExtract to
produce an output file that is processed to produce microfilm electronically.
Approximately three years ago, R&S recognized the need for a tool that would provide an easy-to-use, web-
based framework for automating the process of creating and managing city and county government agendas.
Departments such as the City Clerk's office, City Commission/Council, andllor the Board of County
Commissioners, would use such a tool. In developing the design strategy for the agenda automation product,
EasyAgenda Pro, we realized that a meeting agenda creation, approval, and management process is
functionally a collaborative process that follows a particular hierarchy. Therefore, our design approach for our
EasyAgenda product was to design and develop a core collaborative 'engine', which can be re-focused on
demand to automate not only an agenda process, but also many similar collaborative processes, such as the
budgeting process found in most organizations. This core engine is called 'OpusDoc'.
EasyAgenda Pro will automate calendaring, agenda management, item request, agenda production (shell,
complete agenda packet, and complete packet with supporting documents), and review and approval
processes for organizational, city, and county agendas for scheduled meetings.
R&S Integrated Products and Services, Inc. Page 5
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
_.._-~----~-_.,--_.- -----'-- '''_H__~~ - -~ - ---..---.----....--.-----...---.-.---- " -
Agenda items can be submitted. supporting documents scanned, agenda items routed to specified individuals
for review and approval through workflow automation, and the agenda then produced in a pre-defined format
with supporting documents. EasyAgenda Pro also provides imaging capabilities to capture agenda item
supporting information or 'backup'. Additionally, EasyAgenda Pro will publish the Agenda packet with the
agenda index, each agenda item, and the supporting documentation for each agenda item The complete
Agenda packet can also be published to the web for immediate public access. EasyAgenda Pro will also
support the creation, approval, and management of the post-meeting minutes in the same fashion as the
agenda.
EasyAgenda can be integrated with the Laserfiche EDMS solution to provide further document management
production scanning and indexing, word search with image highlights throughout all Agenda documents,
content management, and image archival and retrieval. Organization, municipal, and county agenda records
can be posted to and available via the Internet/Intranet, a networked Laserfiche EDMS, distributed on CD-
R/DVD-R optical disc with the Laserfiche 'Viewer' on each disc, and/or printed in hard copy as a complete set of
the Agenda 'packet'. EasyAgenda is not specific to Laserfiche however, and can be easily integrated with
most document management solutions on the market today.
Project Understanding and Commitment
R&S Integrated and its principals understand and have studied ALL project requirements and specifications
as stated throughout the Town's RFP. Through experience and project application, R&S Integrated will
deliver a web-based software solution that will meet ALL project requirements and specifications as stated in
the RFP document.
The intent is to provide an economic, straightforward, and concise R&S Integrated proposal response for
review to understand R&S Integrated's capabilities to satisfy all RFP project requirements. As stated in the
preceding paragraph, R&S Integrated understands all project parameters as stated in the RFP and can
assure the Town that the proposed Automated Agenda Workflow Software (AAWS) , and all R&S professional
services will meet the Town's listed requirements and specifications.
R&S provides an enterprise AAWS, utilizing R&S technologies, products, and professional services. The
project approach will utilize standardized and industry 'best practices' to accomplish stated project
parameters. Through historic and current R&S process automation projects, R&S has proven it can
successfully provide a solution as specified in the RFP requirements.
The objective of the proposed R&S AAWS is to automate the agenda creation, production, distribution, and
management tasks of the Town, and improve the efficiency of the agenda process throughout the Town
Clerk's offices
Additionally, the system will improve effectiveness and application of Agenda document management,
including but not limited to: storage, distribution, retrieval, retention, archival, disaster recovery, and
integration with existing systems.
- --_.~~~_._.- ---~-- --------------
R&S Integrated Products and Services, Inc. Page 6
Town of Davie January 31,2006
Agenda Automation Workflow Software (AAWS)
The proposed AAWS will eliminate paper whenever possible, accomplish increased staff productivity, and
give the Town cost reductions in Agenda printing, paper usage, document distribution costs, document
storage space, and paper filing. Automated workflow will route submitted items to the designated authority
for approval, as defined by the user. Notification of item status will be provided by automated e-mail from
within the EasyAgenda Pro environment.
Records management practices and regulations will be applied and integrated in this project as stated in the
Florida Administrative code, Chapter 18-26.003 'Records Management - Standards and Requirements,
Electronic Record Keeping', as governed by the Florida Department of State, Division of Library and
Information Services.
R&S commits to the following project processes: contract negotiation and signoff, project start and discovery,
generation and approval of detailed project plan, regularly scheduled project meetings, solution deployment
and integration, project implementation, user and administrative training, acceptance testing, and on-going
support of project technologies and work processes.
Florida government installations represent over 90% of R&S project activity. Presented R&S installations,
R&S integration and software modules, and parameters of current and historic projects clearly demonstrate
R&S's comprehensive experience in government projects and government project parameters. The included
R&S references present proven ability to accomplish Florida government projects. The R&S reference list
includes contact information and installations that allow site visits. R&S projects have involved and required
improved records processing and application of technologies in a wide range of departments, varied work
processes, and varied departmental systems.
R&S has dedicated team members to accomplish our client's projects. Currently, R&S maintains seven
employees dedicated to client project integration and support, and twelve other employees dedicated to
document imaging conversion production. R&S continues to provide training and ongoing technical support
to existing clients and their solution installations. Through the implementation and use of solutions designed,
installed, and integrated by R&S. clients have improved their effectiveness and efficiency and reduced their
operational costs in areas such as records management, process automation, and customer service.
Financial Stability Statement
R&S certifies that the company is financially stable and has the necessary resources, human and financial, to
provide the services at the level required by this RFP for The Town of Davie.
R&S Integrated Products and Services, Inc. Page 7
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
-,~--~~-,- -- -,-.--_.,------ ~-~._-,._-_._-_._-- . -.-~----_.._------- ----
2.0 RESPONSE TO RFP
The Town of Davie, Florida (Town) is requesting proposals in response to the Request for Proposals entitled
"Automated Agenda Workflow Software", RFP# 8-06-18, having a closing date of January 31, 2006 at
2:00PM. This proposal document represents the R&S Integrated Products and Services, Inc. (R&S
Integrated) response to the RFP document. R&S Integrated will provide a comprehensive Automated
Agenda Workflow Software solution (AAWS) that meets the requirements of the Town's RFP
Solution Overview
In general, the presented AAWS provides the following key areas of functionality:
. Provides a browser-based interface for the submission, approval, and management of agenda items
. Automated workflow for item approval routing
. Automated E-mail notification of agenda item status
. Ability to re-order agenda items, delete agenda items, or move agenda items to another agenda
. Ability to automatically generate and publish agenda documents: shell, complete agenda, and
complete
agenda with supporting documentation, including draft agenda
. Automated publication of completed agenda to a web site
. Concurrent management of multiple agendas and/or meetings of different types
R&S Integrated's EasyAgenda Pro Solution
R&S's EasyAgenda solution (Version 3.1) is a complete, enterprise-class, web-based software tool for
managing the creation, submittal, approval, development, publication, and distribution of meeting
agendas and all related documents. Utilizing an in-house designed core technology that is capable of
generic collaborative process management, R&S developed the EasyAgenda Pro application in 2002 as
the first of what is anticipated to be several similar applications. The process of creating and managing a
meeting agenda is a classic example of a collaborative work process within a hierarchical framework.
Multiple parties provide input to the process, key individuals and/or departments provide approval
authority at multiple levels, and final agenda documents are created and distributed. During the meeting,
notes and actions can be taken. Upon completion of the meeting, minutes can be created, edited for final
approval, presented for approval in the next meeting, published and distributed, and archived for some
period.
In the vast majority of government agencies today, these processes are accomplished manually, and deai
primarily with paper-based documents. The process is tedious, error-prone, and very costly in terms of
time and materials. A mistake in the 'final' agenda packet or a last-minute change in agenda item order
could be cause to re-publish and re-copy the entire agenda packet, or a major portion thereof.
----- _._-,._---~,,- ---~----~._- ----,-------"
R&S Integrated Products and Services, Inc. Page 8
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
It is this manual process that EasyAgenda addresses, eliminating the manual steps through process
automation, and bringing improved security and efficiency to the process, in addition to exceptional cost-
effectiveness and Total Cost of Ownership (TCO).
Users simply log in to the EasyAgenda Pro application through a standard web browser, and based upon
security settings can submit, review, approve, re-order, delete, publish, distribute, or otherwise manage
all aspects of the agenda process, from individual agenda item creation and submission, to establishing
new meetings, to final publishing and distribution of agenda packets. EasyAgenda will automate
calendaring, management, agenda item request, production, and review processes for agendas
associated with specific, defined meetings. Agenda items can be created, requested, supporting
documents scanned, and agenda items routed to particular individuals for review and approval.
Easy Agenda can create and manage single meeting events, multiple events, or establish recurring
meeting events for all types of meetings. EasyAgenda can be used to manage any type of meeting, such
as seminars, board meetings, training classes, workshops, etc. Cutoff dates and times for item
submission can be set for each meeting.
Individuals responsible for the complete agenda creation, publication, and distribution process can log in
and create any or all of the various agenda products, such as the agenda shell, a complete agenda, or
the complete agenda including all supporting documentation (Agenda Packet). The completed agenda
can then be e-mailed to all interested or required parties, distributed via CD-ROM or DVD-R, or
distributed through any other appropriate means. Once approved, the agenda can also be automatically
posted to a web site, enabling immediate public access.
Additionally, an agenda manager can produce the Agenda Results (or Action Agenda) and draft the
meeting 'Minutes' while using EasyAgenda during or after the meeting. Final 'Minutes' can be edited and
produced at any time. Votes on individual items can be manually recorded and/or downloaded from
automated voting systems, using an optional component of the system.
EasyAgenda Setup and Workflow Management
During EasyAgenda setup, particular Item 'Approval Types' are described and identified, and an approval
process or workflow for each item type is created (See Figures 1 thru 5). . For example, a 'submitter' in a
department uses the EasyAgenda interface and MS Word to create the item and attach supporting
information. The user also selects the item type and appropriate section of the Agenda. Once the item is
complete and ready for submission, the user clicks on their Submit button, the Agenda Item is 'Submitted',
and an email is sent to the designated Administrator (Superintendent) with a link to the item in EasyAgenda
(See Figures 6 thru 8). Additionally, the person responsible for approving the user's Agenda Items (typically
the department director or manager) receives an email with a link to the item in EasyAgenda. The approving
authority can then review and approve the Agenda Item through EasyAgenda.
R&S Integrated Products and Services, Inc. Page 9
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
--_._~~-~._- -------_."._..~ ....".-.... ---
- ___ - _u.___ .._
R&S Integrated Products and Services, Inc. Page 10
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
Figure 2 - Supervisor Creation/Definition
Approval Types: 1~l!(3
List of Departments: Reviewing Departments:
Agenda Support _ City Attorney .
Ai ort Finance
City Attorney .
City Oerk
City Manager
CRA III
Development SeNices I
Engineering -
Finance
............. . .... ...~...,.
R&S Integrated Products and Services, Inc. Page 11
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
--~-~_.__..~- ~~ ___'.'"___'____n'___' ____.___~________._._____..._
Figure 5 - Publisher & System Administrator Definitions
-----------...---..-. --,- - ------------ --,----------..---.- --------.---.
R&S Integrated Products and Services, Inc. Page 12
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
R1 Send E"mail
Comments: Thi~ item i~ ready for your review and
approval process.
-
-
Send feedback to the next approving user.
~: 11UIIlt i V('III~, f\(J'" "I" Hel",> Ilelp (t) JOU ; IU~( j Intl'(jl dtpd .....
;; - -- ----- - ---- ,-- ----- ~--- ~ ---- ~,
-
ITl/,~l , ~----~ if
Figure 7a - E-mail to Next Approving User (Generation)
From: brians@reamscomputer.com [mailto: brians@reamscomputer.com]
Sent: Friday, September 17, 2004 4:01 PM
To: R&S Support
Subject: EasyAgenda Item Approval Request
Agenda User,
Brian Sabin of the Imaging department has sent the item, "my item", to you for Administrator approval.
Follow the link below to review and to approve this item for the IT department.
9/17/2004
Easy Agenda Notification
Sent By: bsabin
Event: test
Occurs on: 9/24/2004
Location: Bocc Chambers
Agenda Name: test
Section Name: Meeting called to order
Item Name: my item
Placement: 1-.A.
Previous Status: Owner
New Status: Administrator
,-- -~- -----
Figure 7b - E-mail to Next Approving User (Content)
R&S Integrated Products and Services, Inc. Page 13
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
._---~---~-- __~___.__,....__.____.__ __ - __m___._____..____.___._._.__..._ .-.---.--. -.--
"""'.''''iJI
-- ---_.__._-~._--~~---_.--_._---
From: Support@rsoasis.com [mallto :Support@rsoasis.comJ
Sent: Friday, September 17,20043:41 PM
To: R&S SUpport
Subject: EasyAgenda Item Approval No1inca1ion
system Administrator of the Building Department department has sent the Item, "12321312", to supervisor. Robert
Porter. for Supervisor approval
System Administrator sent the follOWing message related to thiS item
Figure 8 - E-Mail Notification of an Approval Step to Submitter
Any user (with appropriate rights) can send the item back to a previous step for edit, including to the original
submitter (or owner) who created the item. The department manager can also edit the Agenda Item prior to
routing the item to the Administrator and Publisher, After an item is 'Accepted' by the Department Director,
an e-mail is sent to the Administrator and the Publisher with a link to the Agenda Item in EasyAgenda,
po send E-mail
Comment.,: Pleel~e perform a rework on thi~ item and
re-aubmit w~th 5upporting docUlflentat~on.
Thl!!l.nk You! -,
d ~,_m
Send disapproval message
. I! ill' I' " ' , I "I' ..!_ 11l11'ldll'.
--
, -- f f "'~
*,"'" '''''fuo<'" . , . . ~ ,"I ~ o"J '';I'~Z'~""" ~ '.
__ n__________m_____._n_n__.. .., ._____~ - .-------
R&S Integrated Products and Services, Inc. Page 14
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
Figure 9 - Disapproval E-mail to Prior Approver or Submitter
If the Agenda Item has a legal impact or a financial impact, after the departmental 'Accepted' step, the
Attorney and/or the Finance Director will receive an email with a link to the Agenda Item in EasyAgenda.
After 'Approved' action by the Attorney and/or the Finance Director, an email is sent to the Administrator and
the Publisher with a link to the Agenda Item in EasyAgenda.
After an item has been accepted and approved by the Administrator and the Publisher as 'Final Approval', the
item can no longer be edited by the 'owner' department manager, attorney, or finance director. At this step,
only the Administrator and/or the Publisher can edit an Agenda item (See Figure 10). The Administrator or
Publisher can also reschedule an item to another meeting; or, the entire meeting with all items and supporting
data can be rescheduled.
ATTACHMENTS:
. HenCM~~oc
.----.
B. HeatCA
ATTACHMENTS:
Figure 10 - Completed Item - All Buttons Green (Final Approval)
Once all items have reached 'Final Approval', the Administrator or Publisher can move items from one section
to another; as well as change the order of items within a section.
R&S Integrated Products and Services, Inc. Page 15
Town of Davie January 31,2006
Agenda Automation Workflow Software (AAWS)
-------- -~-~ -~-_._-_._------ ------~_._--_._----_._- __ __ _______..m .
The agenda documents are produced in determined format with supporting documents. EasyAgenda can
produce three different Agenda documents, each in one of three different stages - Draft Agenda, Final
Agenda, and Supplemental Amended Agenda. The designated EasyAgenda Publisher determines the format
and characteristics of each Agenda document: (See Figure 11):
,. Aqenda Index or Aqenda Shell- this document lists each Agenda item with a simple one line title to
describe the item, similar to table of contents.
);- The Aqenda - this document contains a complete description for each item (similar to information
listed on an Agenda Item cover page or routing sheet, or report). Each item contains the Item Title, Item
Request, Item Explanation, and Item Recommendation (text describing concerned departments
recommendation to the item). The Agenda begins with the Agenda Summary. Each item in the Agenda
Summary is linked to the actual Agenda Item.
>- Aqenda with Backup or 'Aqenda Packet'- this document contains a complete description for each
item; each item contains the Item Title, Item Request, Item Explanation, and Item Recommendation (text
describing concerned departments recommendation to the item). The Agenda Packet begins with the
Agenda Summary. Each item in the Agenda Summary is linked to the actual Agenda Item. The
supporting documents are attached to the Agenda Item in Easy Agenda. This 'backup' for each item
follows each item. Each item with backup is linked through the Agenda Summary.
-~-------_.. --.----.------- --'---'-'---
R&S Integrated Products and Services, Inc. Page 16
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
Figure 11 - EasyAgenda Publishing Interface
The resultant Word documents with hyperlinks throughout are automatically converted to PDF with
hyperlinks. EasyAgenda automatically distributes the different Agenda documents through email; the
EasyAgenda Manager controls which users get which documents.
The workflow automation within EasyAgenda Pro is driven by user-defined rules based on approval level
and item type. Once an agenda item has been submitted, it is automatically routed via workflow through
the approval process based upon user-defined business rules.
Individuals responsible for approval action can provide annotations regarding a specific agenda item, or
make changes to an existing annotation.
EasyAgenda Pro can be integrated with any MAPI compliant e-mail system (such as Microsoft's Outlook
or Novell's GroupWise), to notify individuals responsible for approval action, and allow submitters to be
provided with status information regarding their submitted items via e-mail notification. EasyAgenda
Pro's workflow also supports multiple and ad-hoc routing scenarios, such as an agenda item submitted,
returned to originator for change, re-submitted, etc.
Document Imaging, Agenda Management, and Records Archival
Many agenda items require a scanned document image to support the item. The scanning of supporting
information for agenda items is managed through EasyAgenda and Microsoft Word. Any scanner with
TWAIN drivers installed can support the EasyAgenda scanning process for Agenda items.
The imaged documents are attached to the agenda item through the EasyAgenda interface. During
publishing, a user produces a dynamic Word document, a hyperlinked Adobe PDF file, and a complete
image copy of the following:
. Agenda Shell - one line description or title of each agenda item
. Agenda - Agenda Shell first several pages, items linked to full Agenda item, and all sections of
the item routing or cover page
. Agenda Packet - Agenda Shell first several pages, items linked to full Agenda item and
supporting documents
. Action Agenda - during or after the meeting, an agenda manager can produce the Action Agenda
. Minutes - final 'Minutes' can be edited and produced at any time. Minute documents are easily
added to the next Agenda/meeting for approval
Note: The image copy is not dynamic or linked; this is the record copy of the Agenda documents.
EasyAgenda manages and provides access to all historic Agenda documents. EasyAgenda is not
dependent upon any imaging or document management product, but can be easily integrated with those
types of solutions.
R&S Integrated Products and Services, Inc. Page 17
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
~----,- _.__._~~---_._-~.__. ~
R&S has already accomplished this type of integration with the Laserfiche EDMS. which provides
additional document management, records archive, production scanning and indexing, and document
retrieval of completed agenda documents. Word or text searches throughout all Agenda documents are
easily accomplished through the Laserfiche EDMS. Requested words or phrases are highlighted on the
actual image for easy recognition and fast research; text lines from the resultant documents are
presented in a search results window allowing the user to easily identify the desired document(s).
Agenda records are available via the Internet/Intranet, a networked EDMS, can be distributed on
CDR/DVDR optical disc, and/or printed in hard copy as a complete set of the Agenda documents.
Building Electronic Council Agenda
EasyAgenda's facilities for creating interim or final, approved agenda documents allows for any of the
standard agenda formats to be created based upon user-defined Word templates. The system can
create a basic agenda 'shell' (containing essentially an outline of the full agenda but with no detail or
supporting documentation), a complete, detailed Agenda, and/or a complete agenda (Agenda Packet)
with all supporting documents. The ease with which an agenda document can be created is based upon
the tight integration of EasyAgenda Pro with Microsoft Word.
Agenda items are submitted through the use of user-defined Word templates, providing a familiar
interface and 'look and feel' to the item submission and approval process.
These templates then form the basis on which the agenda is created. The use of templates automatically
standardizes the agenda format, simplifying the document, providing spell checking capabilities, and
ensuring consistent format throughout.
A simple point and click, security controlled browser interface allows agenda items, including their
supporting documentation, to be added to, moved between, or deleted from multiple agendas prior to final
publication. Supporting documentation can be easily attached to an agenda item through this same easy
to use interface.
Since the agenda document(s) are electronic in nature, upon creation of the agenda, the Agenda Shell,
the Agenda, and the Agenda Packet can be immediately published and distributed to all required
individuals. The resultant documents can also be published to the school district's web site for public
access, moving the previously posted agenda to an archive location. The final agenda documents
incorporate hyperlinks to each item and it's supporting documents, eliminating lengthy manual browsing
and searching for specific agenda items and/or their supporting documentation
~------------ ---_.._-_._--~----~ ---- ---.----.---
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Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
Management of Electronic Attachments
Within EasyAgenda, supporting documents are associated with a specific agenda item as attachments to
that item. The electronic files themselves are managed by EasyAgenda Pro to allow automatic
association of the attachments with the agenda items. This allows the system to automatically build a
completed agenda with supporting documentation without the user having to independently locate and
collate individual hard-copy supporting documents. EasyAgenda is capable of managing supporting
document files of virtually any type, such as Adobe PDF, Microsoft Office Suite (Excel, Word, Powerpoint,
etc.), engineering CAD files, etc. Files can be imaged electronically and attached to agenda items.
Action Agenda, Minutes and Voting Results for Agenda Items
During or after the meeting, while viewing the Agenda and each Agenda item in the EasyAgenda
interface, the agenda manager can produce the Agenda Results (or Action Agenda) and draft the
meeting 'Minutes'. Final 'Minutes' can be edited to desired format and produced at any time. Votes on
individual items can be recorded through Easy Agenda and/or downloaded from automated voting
systems (such as provided by Digital Congress Network). (See Figure 12.)
Figure 12 - Voting Definitions
Event and Approval Logs
The EasyAgenda solution provides a 'verbose' log of both Event Activities and Approval Actions taken.
The Event Log captures all activities related to Item Deletion and Item Rescheduling. The Approval Log
captures all Approval/Disapproval activities and any comments included in e-mail notifications. These
R&S Integrated Products and Services, Inc. Page 19
Town of Davie January 31,2006
Agenda Automation Workflow Software (AAWS)
_____._..__..._. ~.~ ~__~ ___.__._m_______ -~_...--_.._._...._-_..._._-_._--,_..__.--
logs can be viewed directly through the EasyAgenda Administrative Console directly in the database. or
through a Crystal Reports viewer. (See Figures 13 thru 16)
Figure 13 - Event Log in EasyAgenda Administration Console
-- .._-----~------
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Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
Event Log Report
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Figure 15 - Approval Log in EasyAgenda Administration Console
R&S Integrated Products and Services, Inc. Page 21
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
- -.- -- ---.------ - ---,-- .---
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Technical Requirements - RFP Section I
EasyAgenda Pro is currently installed and in full production usage at multiple R&S client sites. Several of
these sites are defined and discussed in Section 3.0 -Vendor References' of this proposaL
The EasyAgenda Pro solution is fully compatible both the Windows XP and Windows 2000 operating
systems, Microsoft Office Suite, and Microsoft Internet Explorer browser version 5.x and greater.
EasyAgenda Pro uses Microsoft SOL Server to manage users and systems objects. The solution is also fully
SMTP compliant, and will easily integrate with the Town's Lotus Notes electronic mail solution. Security is
provided through the use of a standard User Name and Password protocol. As EasyAgenda uses MS SOL
Server, ad hoc report writing can be supported through the use of any standard reporting tool such as Crystal
Reports Enterprise. A number of standard reports, such as the Approval Audit Reports, are included with the
EasyAgenda Pro solution. EasyAgenda Pro's workflow engine fully supports user-defined and event-driven
processes. This workflow includes support for automatic transaction routing to support electronic approval
processes. Access to the EasyAgenda Pro solution will be available through the Town's existing Wide-Area
Network (WAN) and Intranet
EasyAgenda Pro was designed from the ground up to eliminate the manual tasks generally associated
with the development, approval, production, distribution, and archival of meeting agendas and their
associated action agendas and minutes. The elimination of these manual tasks through automation and
"--_._--~. -~---
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Agenda Automation Workflow Software (AAWS)
workflow provides a significant initial Return on Investment (ROI), and high dollar savings each year over
the manual process. It also provides a number of 'soft dollar' savings, including elimination of human
error (lost or misplaced documents, production mistakes, distribution problems, etc.).
These savings, coupled with the hard dollar savings of reduced labor costs, reduced or eliminated paper
and process costs, and reduced time for production and management of the agenda will provide the
Town with an extremely cost-effective solution. Annual support costs for the solution are held to a
minimum, as the solution is Web-based, and therefore no client software is required to be installed or
supported.
SPECIFIC RFP FUNCTIONAL REQUIREMENTS
Per Section I of the Town's RFP, R&S provides the following responses to the specific bullet items in
Section I. These responses will clarify and/or support the information previously provided in this proposal
for the EasyAgenda Pro AAWS solution.
. Ability to communicate with an existing AS400.
Based on our understanding, with clarification provided via e-mail by the Town on 1/23/06, the degree of
'communication' with the existing AS400 consists of being able to support the Lotus Notes environment
for purposes of utilizing the Lotus Notes e-mail capabilities from within EasyAgenda Pro. This capability
is supported through standard SMTP protocol compliance.
. Compatibility with all Microsoft products such as Word, Excel, Power Point, etc., as well as Adobe
Acrobat, and ArcView.
The EasyAgenda AAWS solution is directly compatible with many of today's file formats, including Word,
Excel, Adobe PDF, images in TIFF, JPEG, etc. What we have discovered through experience and our
client's feedback is that many other document formats can be easily converted to a supported format by
the end user or submitter, such as PDF. This allows virtually any document to be fully integrated into the
master agenda document. Through the presentation and demonstration of the EasyAgenda Pro solution,
the Town's evaluation team will be able to fully understand the capabilities and the manner in which we
absorb the vast majority of file types.
. Ability to automate the workflow through various departments and approval levels.
The EasyAgenda Pro solution will support virtually any number of departments and/or approval levels in a
simple to describe and simple to implement fashion, and does not change or complicate the user
interface in any way.
. Ability to notify users via e-mail and through the Solution of incoming approval requests or
submittal requests.
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Agenda Automation Workflow Software (AAWS)
"_____.~_ _,____ ..."_n___ -~...._--~_._--_._- -.--.- --
EasyAgenda Pro provides e-mail notification for multiple events within the AAWS solution. including
notice of items needing approval, notice to submitters of rejected items, and item status notification.
Additionally, the system will indicate items requiring user action on the opening screen following log-in.
. Ability to seamlessly interface with the Lotus Notes e-mail program.
The EasyAgenda Pro solution will integrate seamlessly with the Lotus Notes application for e-mail use
through the standardized SMTP protocol.
. Ability to compile agenda from predetermined or user-defined templates.
EasyAgenda Pro is tightly integrated with Microsoft Word. This integration supports the EasyAgenda
paradigm of levering both the capabilities of Word and the organization's existing method of item
submission. For the vast majority of agencies that we have spoken with, including all of our current
clients, they have historically used Microsoft Word templates of some sort to generate and submit agenda
items. By continuing to utilize Word, and to standardize the various templates necessary to create items
and complete agenda packets, we do not force the customer to learn new techniques or new products.
They create agenda items in a fashion very similar to their current process. The key difference is in how
the item is submitted, routed, and published. The only other product that is utilized by the users is a
standard web browser, such as Internet Explorer. Again, no new products per se much be learned.
Training focuses solely on the EasyAgenda interface and functionality.
. Ability to modify predetermined workflow, user, and/or departments.
All aspects of the agenda process can be controlled by the user. Changes to workflows, completely new
workflows, completely different meeting types with difference workflows can all be easily defined and
implemented by the Town, once training has been accomplished.
It should also be pointed out that the EasyAgenda Pro solution is extremely flexible. Multiple meeting
types can be managed concurrently with the solution. The core OpusDoc publishing engine lends itself to
a variety of collaborative publishing tasks. One of our clients, Juvenile Welfare Board of Pinellas County
uses a modified version of the EasyAgenda Pro solution to produce large, compound documents for a
program called ASSET (Agency Self-Study Efficacy Tool). This program requires all sub-contracting
agencies that participate in JWB's programs to complete a comprehensive document that provides
justification, feedback, status and associated information to JWB. A compound document is then created
from all of the separate agency submissions using the EasyAgenda-based solution. This process occurs
regularly throughout the year.
.----------..--------..-------.-.-- - -.- --- -_._-~--_.---
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3.0 VENDOR REFERENCES
EasyAgenda Client References, Projects
1 - City of Kissimmee 2 - City of Lauderdale Lakes
101 N. Church St. 5985 10th Avenue North
Kissimmee, FL 34741-5054 Lauderdale Lakes, FL 33319-5599
Ph: 407-518-2199,407-518-2308 Ph: 954-535-2814, 954-535-2704
Contact: Peggy Sousa, IT Director Contact: David DeGiacomo, IT Director
Carmen Santiago, Deputy Clerk Sandra Brown, Deputy Clerk
Linda Jaworski, City Clerk Hazel Carson, City Clerk
3- City of Titusville
P.O. Box 2806
Titusville, FL 32780
Ph: 321-383-5774,407-518-2308
Contact: Wanda Wells, City Clerk
Johnny Bledsoe, Deputy Clerk
All installations use EasyAgenda to automate agendas as stated for 'Workshop'. and 'Regular' city
commission meetings. Agenda Results and Minutes are also processed.
City of Kissimmee
· Automated Agenda processing for Workshop and Regular Meetings by City Council
· Agenda documents posted on Town's website
· Enterprise Laserfiche EDMS with multiple departmental databases
· 10 Read Write licenses, and 25 Read Only licenses
· Weblink for Intranet/Internet Access
· COR Publishing for archive and distribution
· Integrated data capture from existing systems
City of Lauderdale Lakes
· Automated Agenda processing for Workshop and Regular Meetings by City Council
· Agenda documents posted on Town's website
· Departmental Laserfiche EDMS with citywide database
· 5 Read Write licenses, and 10 Read Only licenses
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~"._-_.,- -,--------------
City of Titusville
· Automated Agenda processing for Workshop and Regular Meetings by City Council
· Agenda documents posted on Town's website
· Enterprise Laserfiche EDMS with multiple departmental databases
· 10 Read Write licenses, and 25 Read Only licenses
. Weblink for Intranet/Internet Access
· CDR Publishing for archive and distribution
· Integrated data capture from existing systems
· Awarded through competitive bid - contract available to the Purchasing process
Other current projects: hard copy to image conversion for the cities of Boynton Beach, Royal Palm
Beach, Collier County Sheriffs Office, Greenacres, and Wellington. Other current EDMS projects:
Juvenile Welfare Board of Pinellas County, Coordinated Childcare of Pinellas County,
Miami Beach, Boca Raton, Florida Department of Health, Florida Department of Financial Services;
Laserfiche ESRI GIS integration at Tohopelika Water Authority Kissimmee and Florida Keys Aqueduct;
and a pilot EDMS Workflow project at the 13th Circuit Court, Hillsborough County, Tampa, Florida.
---~'-"------'~~"'-'-'- ...._-_.~~-- -."- ---.-
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Agenda Automation Workflow Software (AAWS)
R&S References - the following is a list of R&S EDMS Projects
Document Imaging, Records Management, Electronic Document Management Systems,
Digital Records Management
GOVERNMENT EDUCATION
City of Miami University of Central Florida
City of Miami Beach University of Florida Law College
City of Delray Beach Columbia County Schools
City of Boca Raton Florida State University
City of Kissimmee Putnam County Schools
City of Boynton Beach; City, Police, and Utilities
City of Greenacres, City and Public Safety
City of New Smyrna Beach RETAIL I COMMERCIAL
City of Titusville Advance Auto Parts/Stores
City of Deerfjeld Beach Discount Auto Parts
City of Homestead Qualex Consulting
City of Stuart, City and Police Howard Schultz and Associates
City of Casselberry Ryan Incorporated
City of Minneola Outback Steakhouse, Corporate Office
City of Inverness Sailormen Inc dba Popeyes Restaurants
City of Boca Raton National Gold Exchange
Village of Wellington
Village of Palm Springs MEDICAL
Town of Lauderdale-By- The-Sea AdvantEdge Healthcare Solutions
Town of Palm Beach Shores Morton Plant Mease Foundation
Collier County - Sheriff's Office Shands Hospital - University of Florida
Lee County Tax Collector's Office Moffit Cancer and Research Center
Monroe County Clerk of the Circuit Court Cardiology Consultants, P.C
Monroe County Property Appraiser Premier Medical Review
Lee County Property Appraiser
Collier County - Clerk of the Circuit Court FINANCIAL / REAL ESTATE
Florida Department of Health, Griffith & Werner
Florida Department of Financial Services Columbia Title and Research
Shades of Green Resort, Department of the Army Financial Strategies Workshop
Athens Clarke County First Summit / Jefferson Pilot Financial
Florida Department of Citrus American Express Financial Services
St. Lucie County Board of County Commissioners Southern Title
St. Lucie County Property Appraiser
St. Lucie County Clerk of the Circuit Court MANUFACTURING
St. Lucie County Veterans Affairs Lockheed Martin Financial Services
Hillsborough County Clerk of the Circuit Court Bausch & Lomb Pharmaceuticals
Florida Keys Aqueduct Authority
Note: All of the above mentioned projects were initially started and completed by R&S Integrated. Many
times, additional departments and work processes were established by in-house project managers (with
minimal effort and time). There are over 20,000 Laserfiche EDMS installations worldwide.
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Town of Davie January 31, 2006
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-~---'-----"--"-~- ~- --.--- - --... '-'.__..~--- -----.,,- .. .-.- _._~----_._~,-_..._- -..---
R&S Software Product and Integration Clients
These organizations have purchased the R&S integration products: 'Document Shuttle' - uses existing or
processed data to populate the Laserfiche database with template field values, automatically creates
folders and subfolders, and names documents; 'EZFind' - image enable existing software programs with
Laserfiche); EzExtract - exports record images with desired indexes from Laserfiche EDMS, and
'EZVolume' - monitors Laserfiche data volumes for set capacities and notifies through email.
Lee County Tax Collector Morenci Water and Electric Company
Howard Schultz and Associates Sailormen Inc/DBA! Popeyes Chicken and Biscuits
Discount Auto Parts Village of Wellington
Advanced Auto Stores ESC Imaging, Inc
Forms Processing Inc. City of St Claire Shores
Data Servicing Inc. Ncompass Networks
DSS Corporation Bloss & Dillard
City of Homestead BOL T Document Management
AdvantEdge Healthcare Solutions Florida Keys Aqueduct Authority
TKB Associates, Inc Ray Morgan Company
Village of Lisle, IL Connectivity Business Systems
Compensation Funds of New Hampshire Nationwide Insurance
Innovative Imaging Offutt, Fisher and Nord
St. Lucie County Pro Medica
Collier County Clerk of the Court Housing Authority of the County of Los Angeles
Innovative Imaging Engle Business Systems
St. Lucie County Data Dash, Inc.
Collier County Clerk of the Court Juvenile Welfare Board of Pinellas County
Collier County Sheriffs Office Coordinated Childcare of Pinellas County
Village of Glenview, IL New Vision Imaging Systems
City of Boynton Beach State Ethics Commission, PA
City of Boynton Beach Police City of Lauderdale Lakes
Collier County Sheriffs Office City of Kissimmee
Village of Glenview, IL City of Miami
IKON Office Solutions - Ontario, Quebec
Bce Emergis, Quebec
City of Jacksonville, NC
One Source Document Solution, Inc
Stem Cyte
Advance Stores Company, Incorporated
...-- --- -- .-------- -~,.- -~-- --- ----_.~...------
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Agenda Automation Workflow Software (AAWS)
R&S Integrated Project Contacts March 2004
. City of Boynton Beach - welcomes site visits, city wide installation
Peter Wallace - Dir ITS 561-742-6070
Carol Cheek - Human Resources 561-375-6278
Nancy Byrne - Dir Development Dept 561-742-6372, www.cLbovnton-beach.f1.us, see Weblink
. St. Lucie County, BoCC
Vic Madonna 772-462-1760
Legal, Landfill, Utilities, Community Development, Human Resources, Public Works,
Property Appraiser, See Weblink at http://documents.stlucieco.qov/
. Collier County, Sheriff's Office - organization wide, 18 scanners
Jamie Mosbach 239-793-9514
Damian DeAndres 239-793-9297
. Collier County, Clerk of the Court - welcomes site visits
Lori Kraycik
239-774-8340
James Taylor 239-774-8319
Clerk of the Commission & Traffic Dept
SEE Weblink at www.clerk.collier.fl.us go to the Weblink option at mid page
. Lee County Tax Collector - organization wide, welcomes site visits
Eddie Wilson, IT Project Manager 239-339-6047
Clay Jones, IT Director 239-339-6042
. State Comptroller/Banking & Finance Legal, Financial Services Department
Mary Howell - inputladmin user- 850-488-9896
. Florida Keys Aqueduct Authority - organization wide, welcomes site visits
Juliet Torres, Records Management 305-296-2454
Paul Vander Straaten, IT 305-296-2454
. City of Miami
Ed Gorgas - Project Manager, ITD 305-416-1055
Stuart Henry - Project Analyst, fTD 305-416-1566
Priscilla Thompson - City Clerk 305-250-5360
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Agenda Automation Workflow Software (AAWS)
4.0 GENERAL STATEMENT OF EXPERIENCE
The major advantages in using R&S' solutions for agenda automation are the following
. The R&S team is educated and experienced in integrating agenda automation technologies for
Florida government
. An extensive and comprehensive client install base
. Completion of additional projects at client sites
. Experienced in integrating the EasyAgenda Pro solution into a variety of existing environments
. Extensive client reference list; R&S has many sites that allow site visits for solution evaluation
. Experienced, professional team for systems integration and programming
. Certifications in computer technologies
. Unmatched quality in customer service and satisfaction
R&S has accomplished over 120 integrated technology projects at over 60 sites since 1993 for various
clients or 'project partners'. Over 60 of these sites are state, county, and city installations in Florida.
Projects required the development of various work processes and many different types of system
integration. R&S has accomplished data conversion and integration from and with a variety of systems.
Projects integrate existing software systems and databases with the EasyAgenda Pro solution, the
Laserfiche EDMS product suite, and the AnyDoc Software automated data capture/indexing products.
These projects have involved integration with a variety of city, county, and state departments (and
resident systems). R&S principals, engineers, programmers, and technicians have over 50 years
cumulative experience in document management and related technologies.
In 1993, R&S Integrated Products and Services Inc. decided to focus on methods and technologies to
manage Florida government documents, records, and related processes. This vertical market became
the primary focus of R&S. Selection and development of appropriate software products and determining
viable solutions involved researching Florida records management and retention laws. These
requirements are integrated into the project approach of all R&S technology integration projects
R&S has evaluated many different government departments for application of document management
technologies. Activities involve:
. Evaluating existing work processes
. Evaluating the current agenda creation, production, distribution, and management processes
. Evaluating and documenting all potential points of integration to existing systems and
applications
. Supporting the organization and department through project management and related
methodologies
R&S has always relied on Chapter 18-26 of the Florida Administrative Code as the foundation of
established record management practices and processes in R&S government projects. This statute is
the basis and regulation for managing government records in Florida. The R&S team is well versed in
.._~ - _.--._-_._~- - __._n _ _.___.~_ _ ____. ---.-----,.-.-~--...
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Town of Davie January 31,2006
Agenda Automation Workflow Software (AAWS)
records management requirements as regulated by the Bureau of Archives and Records Management
and the Division of Library and Information Services.
5.0 OPERATIONAL PLAN
R&S is committed to accomplishing the Town's RFP project requirements in a timely fashion, using the
following project task list and estimated project schedule as a basis and time frame. R&S Integrated and
its principals understand the overall objectives of this project are to deliver, install, integrate and configure
the MWS solution into the Town's existing technical infrastructure, and to train the various users and
administrators in the function and application of the proposed MWS as specified in the Town's RFP.
R&S Integrated and its principals are committed to perform the work and provide the technology as stated
in this RFP response and proposal.
As required in the Town's RFP, R&S will provide an MWS solution that supports approximately 75 users
within the Town's enterprise, incorporating automated workflow that supports the Town's agenda
processes, integrates with existing systems, and integrates with Microsoft Office Suite.
Generalized Project Plan
Project Scope
The scope of this project is to install the R&S EasyAgenda Pro Agenda Process Automation System
(MWS) for the Town of Davie to automate the tasks related to creating, approving, publishing, and
distributing the Town Council's meeting agendas, action agendas, and meeting minutes. Included will be
application customization, system installation, integration and configuration, training and acceptance
testing at the Town's location.
Initial Project Meeting and Requirements Definition Workshop
Following official contract signing, a meeting will be scheduled with all members of both project teams.
The purpose of this task is to introduce all of the appropriate project team members, both R&S and Town,
to each other. Additionally, a workshop will be conducted with those project team members to gather and
document final requirements for the configuration efforts associated with this project. The result of the
workshop will be a Final Requirements Analysis generated by R&S Integrated, and signed by both R&S
and the Town. This document will include:
. Detailed agenda item type template definitions, associated workflows or approval processes
. Concise network and path information to Town's desired web repository
. Specific approval routing information and approval individuals/agencies
. Site preparation requirements
Project Management
The purpose of this task is to provide for management of the Vendor Responsibilities, as well as a formal
point of contact for the duration of the project. The activities which will be performed in this task include:
. Develop a detailed project plan and calendar schedule
. Work with Town's Project Manager to define Town's responsibilities
. Coordinate Vendor project resources and efforts
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--..-. _u_u __~~_~ _~._~_____._ .._,~ "__..__ --~-.. -.-,------
. Provide regular status reports, as necessary
. With the Town's Project Manager, execute the Change Control Process if necessary
PROJECT TIMELlNE NOTE: It is anticipated that this project's timeline, from contract signing to final
acceptance of the solution by the Town, will require no more than 90 business days.
Development and Customization
The purpose of this task is to implement the custom requirements documented in the approved Final
Requirements Analysis, to include:
. All agenda template formats
. All automated workflow and approval routing logic
. All automated archival and web posting paths
Site Preparation Visit
Prior to R&S Integrated performing the installation of the AAWS solution, we will schedule a visit to the
Town's intended installation location(s) to ensure that the site(s) is ready for the intended application.
This visit will indoctrinate our team to the Town's environment, and allow us to document any deficiencies
requiring action that may exist prior to our installation efforts. Included in the site review will be:
. Confirmation of an existing Microsoft Internet Information Server (liS), version 5.1 or later
. Confirmation of an existing Microsoft SOL Server installation, version 2000 or later
. Confirmation of access to all required archival and web site locations
On-Site System Installation, Integration, and Configuration
During this task, R&S Integrated will deliver, install, integrate, configure, and test the AAWS solution into
the Town's environment and infrastructure. This task will include:
. Installation and setup of AAWS software on an existing Town Internet Information Server (liS)
. Integration of the AAWS solution with an exiting Microsoft SOL database environment
. Creation and setup of agenda item templates, users, administrators, and archival data volumes
. Physical placement of document scanners
. Installation and setup of scanner interface cards in designated workstations
Training
R&S will provide training on the AAWS solution. We have found through experience that a Train the
Trainers' format allows us to provide high-quality, focused training to a smaller group of individuals, and
transfers the majority of the knowledge necessary for additional training to the Town's team members.
Production Testing
Once the AAWS solution has been installed and integrated, a joint team of R&S and Town project
members will test the new solution using a jointly developed Acceptance Test Plan through a live
production effort. Successful completion of the test plan will result in the Town's acceptance of the
solution and the completion of the project.
_.~_.._ ___u______ . ----
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Agenda Automation Workflow Software (AAWS)
Initial AAWS testing will involve the following:
. Performance testing for workflow accuracy and effectiveness
. Network monitoring for speed and throughput
. Agenda item template accuracy and usability
. Accuracy and completeness of final agenda products: Shell, Complete Agenda, Agenda with
Supporting Documentation
. Verification of e-mail notification process
. Response times for item searches
. Verification of public access to agenda posted on Town's web site
. Verification of archival of previous agendas and minutes
Assumptions and Dependencies
The Town of Davie will provide the necessary site requirements, including network and web services and
computer hardware, scanning devices and related application software, and browser application
software.
Prior to the start of this project, the Town will assign a Project Manager to whom all official project
communications and requests can be made. The Town's project manager and the R&S project manager
will work together to track and bring closure to all issues or problems, manage the project schedule and
resources, and invoke the Change Control Process when necessary and agreed to.
Project Implementation Personnel - Brief Resumes
More information provided by request
The following individuals are dedicated to project integration and project solution support. All persons
listed work out of the R&S Integrated office in Lakeland, Florida.
Robert Porter
President / CEO
Responsible for existing work process analysis
. Determination of new work process, supervision of all project activities
. Communication with site personnel, application of new work processes
. Responsible for project resource management and audit
. User and administration training, onsite designated R&S contact
. Project meetings for status and future events
Robert has ten years experience in document imaging/management and computer related technologies.
Robert is personally involved in all R&S projects. Robert's project activities and responsibilities have
involved application, installation, integration, and maintenance of imaging, document/data conversion,
R&S Integrated Products and Services, Inc. Page 33
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
----,_._.._.._~-----------------~ _.____.____________~_______.__ ___________n_ _ _______.______._.____~. ___
and data capture technologies. Robert is certified in Laserfiche Document Management and Any Doc's
'OCR for AnyDoc' (automated data capture). Before 1993. Robert studied and was in the professional
civil engineering field. Robert was in the Civil Engineering program at University of South Florida
Robert is a founder of R&S Integrated and has worked at R&S for over twelve years. Robert developed
the theory for Document Shuttle, EZFind, and EZAgenda. These programs are used to integrate
Laserfiche document management with existing data and systems. Additionally, he aided in the program
development. Robert has given numerous presentations to local government professional associations
for student credit (CE, for professional certification). Robert is recognized as a valuable integration
resource by EDMS users and other document management value added resellers. Robert has guided
and directed R&S for over ten years and has personally conducted or completed projects similar to as
required by the Town.
Deanna Porter
Vice President and Corporate Operations Manager
Responsible for project component acquisition, delivery, inventory, version control. account
management.
Deanna is the corporate contact for clients and supervises conversion projects. Deanna is responsible
for project resource management and audit, and client account executive. Deanna has ten years
experience in document management and computer related technologies. She has managed and
supported activities and projects that have involved application, installation, integration, and maintenance
of imaging, document/data conversion, and data capture solutions. Deanna is personally involved in all
R&S projects. Deanna is certified in Laserfiche document management. Before 1993, Deanna studied
marketing at Polk Community College.
Deanna is a founder of R&S Integrated and has worked at R&S for over ten years. Deanna is the primary
corporate contact for R&S clients. The R&S client base values the quality of service Deanna delivers to
the project. Deanna has given several presentations to local government professional associations for
student credit (CE, for professional certification). Deanna has worked at R&S for over nine years and has
conducted or completed projects similar to as required by the Town.
John Van Buskirk
Director of Technical Operations, Project Technical Manager
Responsible for project component delivery, installation, integration, and setup, existing systems
analysis and integration, program development, integration of new developed work process and
project technologies, user and administrative training, and technical support
John has eight years experience in document management and 17 years in computer related
technologies. Activities and projects have involved application, installation, integration, and maintenance
of imaging, document/data conversion, and data capture technologies. John was personally involved in
- - - .._----------_._--_._.._---~ -----.-'-.-----'--
R&S Integrated Products and Services, Inc. Page 34
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
the last thirty R&S projects. John is certified in Laserfiche's EDMS and AnyDoc Software's 'OCR for
AnyDoc' automated data capture products. Before 1995, John studied political science at the University
of South Carolina.
John is the primary technical contact for R&S clients. The R&S client base values the quality of service
John delivers to the project and on going technical support. John has worked at R&S for over five years
and has conducted or completed projects similar to that required by the Town.
Michael Hagins
Director, Sales and Marketing
Responsible for all sales and marketing activities. Also performs existing systems analysis and
integration, project development, integration of newly developed work processes and project
technologies, and solution training
Mike has over fifteen years experience in document management, data capture, and computer related
technologies, and has conducted or completed projects similar to that required by the Town.
Mike's activities and projects have involved problem definition, solution design, technology application,
installation, integration, and maintenance of imaging, documenUdata conversion, and data capture
technologies. Mike is a CDIA certified (Certified Document Imaging Architech) professional,
Arti Singh
Software Developer, Technical Support
Responsible for programming, Program development, implementation, maintenance and setup,
existing systems analysis and integration.
Arti has four years experience in software development and computer related technologies, including
system implementation and application development, support and management. Activities and projects
have involved design and implementation of the EasyAgenda program for automatic creation of agendas
for Cities/Counties using ASP .NET, environments. Arti is the chief developer responsible for several
R&S middleware products, such as Document Shuttle, EZFind, and EZVolume, and is the chief architect
for R&S' automated agenda solution, EasyAgenda (product automates the agenda item request and
management process for city and county meetings). She also designed and implemented the EZExtract
program for extracting information from the Laserfiche SOL database using VB and .NET languages, This
effort required her to determine system specifications, inpuUoutput processes, parameters for hardware
and software compatibility and coordinate design of subsystems for the integration of a total solution.
She has studied computer science, programming languages (including C/C++, Visual Basic, Visual Basic
.NET, ASP.NET, HTML, and SOL), information technology, personal computer software, computer
networking, RDBMS, computer graphics, and system architecture design.
R&S Integrated Products and Services, Inc. Page 35
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
--_._-----------_._---~---~----_._._------ -..-.-......
Professional Services and Technical Support
R&S Integrated warranties all hardware and software components and established work processes
through the Support Assurance Plans, or SAPs,. Support and upgrades are renewable annually.
Through SAP subscription, customers are entitled to maintenance and version upgrades as well as site,
telephone, and email support by R&S Integrated. R&S will support the system and established work
processes locally and will act as the Town's first line of technical support.
R&S technical support is provided 7:00AM to 6PM EST, Monday through Friday (800-508-9609). R&S
has three systems analysts dedicated to technical support. Two other people provide backup in this
group. Events can involve corrective maintenance using voice technical support, email, ftp transfer of
software files and upgrades, and onsite service. R&S does not have voice mail to manage technical
support; therefore, a person will always answer the R&S technical support phone line (or responds to
email real time).
Typically, 90% of the time, the technical support event or corrective measure will be resolved at the time
of the phone call or in immediate response to email. R&S prides itself in the level of technical support or
corrective maintenance it provides. At most, issues will be resolved by next day; again, most technical
support events are resolved at time of call or email. R&S responds to corrective maintenance or
technical support within 15 minutes or at time of request (the maximum response time accepted by R&S
corporate). By contract, R&S will respond real time at moment of notice or within 2 hours to technical
support issues.
As 90% of R&S projects are in Florida, R&S always has personnel working in the Florida area. The Town
of Davie is within 3 hours of driving time from the R&S office; R&S will provide local onsite support as
required. Typically, at most, R&S support professionals are within a one-hour drive time proximity.
Equipment and software are warranted against defects in material or workmanship and meet the
published specifications in effect on the date of manufacture. Warranty periods are of one year from the
date of delivery to the Town. Parts supplied or repaired under service are warranted for one year
following installation.
Training will provide details of required preventive maintenance procedures including schedules and who
is to perform each activity. Documentation will be produced for each work process and maintenance
procedure. All preventive maintenance required is covered by the annual support and upgrades cost.
The Town will be responsible for assessing each incident of system or component failure and making the
determination that R&S Integrated should be contacted to provide service.
---. ~--_._..-.__.__._._------- ~-_._-----_._---- --.----
R&S Integrated Products and Services, Inc. Page 36
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
R&S is available for technical support 7:00 am to 6:00 pm Monday through Friday.
support@rsoasis.com
800.508.9609 office support
863.709.8033 general office phone number
863.287.1586 support mobile number
Support contacts: John Van Buskirk john@rsoasis.com
Matt Freeman mfreeman@rsoasis.com
Arti Singh arti@rsoasis.com
Deanna Porter deanna@rsoasis.com
Robert Porter robert@rsoasis.com
R&S has dedicated file servers, workstations, and web servers for technical support. All presented
technologies are setup on like systems at R&S to replicate technical issues.
All software program upgrades are tested at R&S before distribution and deployment to the Town's
system environment. The Town's technologies and project data are protected through a professional
approach and application in project management and implementation. Again, all R&S employees sign
non-disclosure and non-compete contracts. All R&S Integrated employees must pass a State of Florida,
FDLE, and FBI background check before and during employment.
Due to the proximity of the R&S office in Lakeland to the Town of Davie, remote technical support
capability is not required (although strongly encouraged and preferred). If onsite service events are
required to resolve technical support incident, R&S will oblige and be onsite within four (4) hours. Level
of service required will determine necessity of on-site support. If technical support events require, for the
Town, there are no limitations to frequency and parameters of on-site support service. The costs for on-
site technical support events and annual site workdays are covered in the support and upgrade costs for
each project module.
The following items are covered and are provided under the maintenance and support agreements:
. Distribution and application support of software upgrades
. Support of all operating features for software and hardware
. Voice, email, wireless, and ftp support for users, managers and MIS support personnel
. Access to dedicated technical support server and R&S user database
. 800 number, email access, and ftp server for technical support
. A live person that always answers the R&S technical support desk, no voice mail
. Onsite work events if technical issues require
R&S Integrated Products and Services, Inc. Page 37
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
---.----.- _"'____________'n_____ ----.-..---
. Technical support responses from real time to two hours for all issues
. Annual site survey for system review and to recommend improvements/upgrades
R&S has dedicated the following resources to client technical support of R&S products and solutions -
voice/phone lines, cell phones, remote workstation access, Internet access, custom database for
customer information and logging of events, workstations and servers, ftp server, scanners of multiple
varieties, workstations with a variety of Operating Systems, replacement scanners, and technology
professionals to manage technical support requests and resolutions. R&S can easily reproduce a variety
of technical support instances. This facilitates faster resolution to system and workstation issues.
Dispute Policies
Project disputes are handled initially by John Van Buskirk, Chief Technical Officer. If the event cannot be
resolved, John will discuss the event with Robert Porter and/or Deanna Porter. Robert or Deanna will
contact the client representative for discussion and resolution. To date, there have not been any
'disputes', only 'concerns' in R&S projects. The R&S technical support team has been able to manage all
historic misunderstandings with a professional approach and standard project management methods.
Though extremely infrequent, R&S does have a structured approach to such issues.
Technical Support Process
Technical support is handled and managed by the resources and professionals mentioned in the above
text. Typically, R&S clients make a phone call or email to request customer support. Event could
concern a technical support issue, technical questions, general product inquiries concerning product
function and application, and questions about new features and products. Upgrades or new 'builds' are
sent to clients via personal delivery, email, traditional mail, and ftp transfer. Customer support issues at
R&S are handled using the protocol listed below. Customer notifies R&S of technical support request via
email or voice/phone call. If a phone call, call is logged on hard copy and support database, and
transferred to the available R&S technical support engineer. If email, event is filtered to a technical
support folder and logged into the support database; appropriate action is taken
The event is logged, assigned a number, and marked as 'open' in 'Status' field of the R&S' technical
support database. The R&S technical support engineer will rely on past experiences and acquired
knowledge to resolve the technical support event. R&S technical support engineer responds using
voice/phone call or email. If resolved, the event is marked as 'closed' in the R&S technical support
database. Typically, the event is closed at the time of the phone call or the R&S email response.
Sometimes data files or screen shots are collected by the client, ftp'd to R&S, and reviewed by R&S; data
files are used to analyze the resident system and replicate technical support events. !f required, R&S
technical support engineer will notify Laserfiche of event with details, client software versions, and screen
shots until event is resolved. Event will stay marked as 'open' in the 'Status' field in the R&S technical
-- _._-'"-_._-~-------'" ~- --_.._~--_.__._--- ---_..----.--- .-...-----.-...-...
R&S Integrated Products and Services, Inc. Page 38
T own of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
support database. This allows the R&S support engineers to easily search the database for events
marked as 'open'.
6.0 COMPENSATION
The cost proposal presents pricing for the R&S Integrated EasyAgenda Pro complete solution, and all
associated options. If required in the future due to growth, the EasyAgenda Pro solution can be easily
expanded through the purchase of additional licensing.
Proposal Pricing Summary
This section provides a summary view of the three major cost components for the entire solution:
~ Software Summary
~ Professional Services Summary
~ Annual Support and Maintenance Summary
Software Summary
The R&S EasyAgenda Pro and the Laserfiche EDMS are inherently scalable web-based solutions, easily
addressing the needs of a small department to enterprise-class requirements. The EasyAgenda Pro
solution is integrated with the Microsoft SQL Server database platform, Microsoft Office Suite, and the
Microsoft Internet Information Server platform. The recommended software modules are presented in this
section. User licensing is included for the requested number of Town users. The number of these
licenses can be easily adjusted as necessary, and additional user licenses can be purchased in any
increment.
Professional Services Summary
This section presents the pricing associated with providing the necessary professional services covering
all elements of the project as defined in the proposed Operational Plan (Section 5.0, page 20). Line items
are provided for each major component's respective service hours. Generally, the included professional
services for each part of the proposed solution will accomplish the following events: delivery, inventory,
setup, configuration, integration, existing work process analysis, determination of general process
management, and training for users, administrators, and support personnel in automated work processes
and the AAWS solution.
Annual Support and Maintenance Summary
Annual support and maintenance is required for all software components in the solutions provided by
R&S Integrated Products and our represented software companies. This ensures that our clients have
access to all of the necessary services and support required to keep their system in optimum operational
R&S Integrated Products and Services, Inc. Page 39
Town of Davie January 31. 2006
Agenda Automation Workflow Software (AAWS)
~---- ._----~ .. n_.___.__,___________"__._._
condition, and allows them to benefit from all software upgrades and maintenance releases as they are
provided. It also allows us to ensure our reputation for quality solutions and excellent on-going client
relationships. See subsection entitled Professional Services and Technical Support, page 25
Hardware Recommendations
Normally, our clients provide their own computer servers and PC workstations, as well as any ancillary
components, such as network switches, hubs, routers, etc. Since our focus is on the overall solution, we
provide a set of recommended specifications for servers and workstation platforms in Section 9 of this
proposal.
--_._--------~_.,---~-- ~----_.._.._._-----~----
R&S Integrated Products and Services, Inc. Page 40
Town of Davie January 31,2006
Agenda Automation Workflow Software (AAWS)
PROPOSAL COST SUMMARY
PRICING INFORMATION NOT INCLUDED WITH THIS INITIAL
PROPOSAL
PER THE INSTRUCTIONS IN THE RFP
R&S Integrated Products and Services, Inc. Page 41
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
7.0 Vendor/Bidder Disclosure
I, Deanna M. Porter, being first duly sworn state that
The full legal name and business address of the person(s) or entity contracting with the Town of Davie
("Town") are as follows (Post Office addresses are not acceptable):
Name of Individual, Firm, or Organization: R&S Inteqrated Products and Services, Inc.
Address: 3816 Industry Blvd.
Lakeland, Florida 33811
FEIN 59-3209124
State and date of incorporation: incorporated in State of Florida - 10/15.93
OWNERSHIP DISCLOSURE AFFIDAVIT
1. If the contract or business transaction is with a corporation, the full legal name and business
address shall be provided for each officer and director and each stockholder who directly or indirectly
holds five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a
trust, the full name and address shall be provided for each trustee and each beneficiary. All such names
and address are as follows (Post Office addresses are not acceptable):
Names, Addresses, and Titles of Individuals Who Will Lobby:
Full Legal Name Address Ownership
Robert E. Porter 3816 Industry Blvd., Lakeland, FL. 33811 50 %
Deanna M. Porter 3816 Industry Blvd., Lakeland. FL. 33811 50 %
%
%
2. The full legal names and business addresses of any other individual (other than subcontractors,
materialmen, suppliers, laborers, and lenders) who have, or will have, an legal, equitable, or beneficial
interest in the contract or business transaction with the Town are as follows (Post Office addresses are
not acceptable):
Full Legal Name Address
%
%
%
%
-.--------..---
R&S Integrated Products and Services, Inc. Page 42
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
By: Date:
Signature of Affiant
Print Name
SUBSCRIBED AND SWORN TO or affirmed before me this day of ,2006,
by Deanna M. Porter, she is personally known to me or has presented
as identification.
Notary Public, State of Florida at Large
Print or Stamp of Notary
Serial Number
My Commission Expires:
R&S Integrated Products and Services, Inc. Page 43
T own of Davie January 31,2006
Agenda Automation Workflow Software (AAWS)
-."-------.-- -- -------~-"
8.0 EasyAgenda Product Brochure
"----~- -- ---"-_.'~------
R&S Integrated Products and Services, Inc. Page 44
Town of Davie January 31, 2006
Agenda Automation Workflow Software (AAWS)
9.0 SERVER HARDWARE RECOMMENDATIONS
Below is a sample configuration for a Dell EasyAgenda Pro server. If RAID 5 was applied to the four (4) 146
GB hard drives, there would be 438 GB of available storage. At 75kb for each image, the system would store
over 6,000,000 image pages. System includes a 80/160 GB tape backup system.
Base Unit: PowerEdge 600SC,2.4GHz/512K Cache,P4,533MHZ Front Side Bus, includes floppy
drive (221-2376)
Memory: 2GB DDR, SDRAM,2x1GB DIMM (311-2756)
Keyboard: Standard Windows Keyboard, Gray (310-1676)
Monitor: 15in(13.8in VIS)Monitor, Gray,E551 ,for Dell PowerEdge (320-0960)
Hard Drives: Four (4) 146GB 10K RPM Ultra 320 68pin SCSI Hard Drives (340-7964)
Hard Drive Controller: PERC3-SC,32MB,1 Internal Channel (340-2827)
Operating System and SQL See below
Server:
Mouse: Mouse,Wheel,1.3A,Microsoft, Server, Midnight Gray (310-1790)
NIC: On board Network Adapter (430-0488)
TBU: PowerVault 11 OT, DL TVS80 80/160 Half Height, Controller/Cable, Internal (340-6942)
CD-ROM or DVD-ROM Drive: 48X Black, Compact Disk Drive for Dell PowerEdge 500SC (313-2602)
Documentation Diskette: Electronic Documentation on CD (310-0438)
Factory Installed Software: Veritas Server, Power Suite (420-2833)
Feature C11, Add-in SCSI Card, RAID 5 Level, 533Mhz FSB (340-8439)
Service: Type 2 Contract - Same Day 4-Hour 7x24 Parts and Labor On-Site Response, Initial
Year (950-3060)
Service: Type 2 Contract - Same Day 4-Hour 7x24 Parts and Labor On-Site Response, 2YR
Extended (950-3062)
Misc: Intel Pro-100S,with IPSEC Network Interface Card (430-0366)
Product Quantity
Open License For Microsoft SQL Server 2000 Standard Edition (960162) 1
SQL Svr Standard Edtn 2000 English Disk Kit MVL CD N 228-01265 1
(A0100953)
WINDOWS SVR STD 2003 ENG (A0103461) 1
WINDOWS SERVER CAL 2003 BUS-6.0 (A0103395) X
Win Svr Std 2003 English Disk Kit MVL CD N P73-00156 (A0105500) 1
Win Svr 2000 English Disk Kit MVL CD w/SP3 N C11-02860 (A0101067) 1
R&S Integrated Products and Services, Inc. Page 45
TOWN OF DAVIE
TOWN COUNCIL AGENDA REPORT
TO: Mayor and Councilmembers
FROMjPHONE: Russell Muniz/ 797 -1011 by Herb Hyman/797-101ti
SUBJECT: Resolution
AFFECTED DISTRICT: n/ a
TITLE OF AGENDA ITEM: A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,
SELECTING THE FIRM OF R & S INTEGRA TED PRODUCTS & SERVICES TO PROVIDE
AGENDA AUTOMATION WORKFLOW SOFTW ARE AND TRAINING AND
AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN
AGREEMENT FOR SUCH SOFTWARE AND TRAINING.
REPORT IN BRIEF: The Town solicited competitive sealed proposals for agenda automation
workflow software and training to automate the agenda preparation process. RFP documents were sent
to twenty-three (23) prospective proposers. Additionally, the RFP was advertised state-wide in Florida
Bid Reporting and nationally in BidNet and also posted on the Town's web site. The Town received
eleven (11) proposals. The selection committee selected R & S Integrated Products & Services in
accordance with the attached ranking sheet.
PREVIOUS ACTIONS: Not applicable.
CONCURRENCES: R & S Integrated Products & Services was chosen by the selection committee
consisting of William Underwood, Russell Muniz, Barbara McDaniel, Angela Rodgers, Dave
Abramson, Richard Boyhan, and Herb Hyman.
FISCAL IMP ACT:
Has request been budgeted? yes
If yes, expected cost: $25,910 plus $2,795/yr. for maintenance
Account Name: Information Systems-Capital Outlay
Additional Comments: n/ a.
RECOMMENDATION(S): Motion to approve the resolution.
Attachment( s):
Procurement Authorization
Selection Committee Ranking Sheet
RESOLUTION NO.
A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF R & S
INTEGRATED PRODUCTS & SERVICES TO PROVIDE AGENDA AUTOMATION WORKFLOW
SOFTWARE AND TRAINING AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS
DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SOFTWARE AND TRAINING.
WHEREAS, the Town solicited proposals to provide agenda automation workflow software; and
WHEREAS, the selection committee has selected R & S Integrated Products & Services as the firm best
qualified to provide the required software and training; and
WHEREAS, it is in the Town's best interest to execute a contract for such software and training.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA:
SECTION 1. The Town Council of the Town of Davie does hereby accept the selection of R & S
Integrated Products & Services as the firm best qualified to provide the required software and training and
authorizes the Town Administrator or his designee to negotiate an agreement for such products and services and
present that contract for approval at a future meeting date. Should no agreement be reached with the highest
ranking firm, then the Town Administrator or his designee shall negotiate with the next ranked firm and present
that agreement for approval.
SECTION 2. This resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS DAY OF ,2006
MA YORlCOUNCILMEMBER
Attest:
TOWN CLERK
APPROVED THIS DAY OF ,2006
TOWN OF DAVIE
PROCUREMENT AUTHORIZATION
ACCOUNT NUMBER BUDGET ITEM & DESCRIPTION APPROXIMATE COST
05202595936400 Agenda & Workflow Automation Software $45,000
po.. ~;-Z;m) 'C;AfrrJ/L ('....-Ul1
METHOD OF PROCUREMENT (check the one that aoolies)
_ Open Competitive Bidding
_ Piggyback on Contract Number __~____~____~_
Sole Source
--X Request For Proposals j'
SPECIACATlONS, LIST OF VEN""., MUSTs:'::TTACNq::--/.
Depart ent H d '\
Have Funds been Reserved f2.t;-~. .3.39",:3
Date 1.?16I"f:!gned @
Signed ~ ___
Town Administrator
BIDS SUBMITTED
VENDOR COST
~ ~
~~~- f~b~ + S8f2A/lUfi ~> k
/1J~" ___ l!JHJLA-h ~
/ S (?Il .e.
'Z ~
"D.'!!C f'I "" .S'.) "Y'W/Ir~
~~ C-t}u
'~::-~r~~~~:/ ;W~-
ff>fHrt"rlr'" F~c.lRSI''''C. J/ " L
Signed ~~
Procure en anager
BID SPECIFICATION COMMITTEE'S RECOMMENDATION
Vendor Cost
f(.-t S ~6&~D' ~t>oI""'-5;)' ~BI-fIIt~.( '.;;J.$ff/z>?'-"tJ
,/~y 11711'Ilf/Tl!!!f;IWJl#';wee
A B C D E F
1
2
3 AGENDA AUTOMATED WORKFLOW SOFTWARE
4
5
6 COMMITTEE MEMBER DAYSTAR MCCi COMPUSOLVE ISPA R&S
7
8
9 W. UNDERWOOD "3 i/ 'l ~ T
10 B. MCDANIEL .::l- (,t ..;-- "< J
11 A.RODGERS 3 't.I .;l ~ I
12 R. MUNIZ :'"J '3 Y .s- f
13 D. ABRAMSON ;2 V 3 ..5- J
14 R. BOYHAN :> t../ 3 .5 I
15 H. HYMAN .?- '-I' ~ ~ )
16
17 TOTAL j(,., :1.7 :2-::1 33 7
18 (
19 RANKING .;l '!!...I~ v7.P 3'=-"- >L- j~
OFFICE OF THE TOWN CLERK
~~ ----_._---_._-------~._-.--._--
6591 ORANGE DRI\T. DAVIE, FLORIDA .~::l314-339q
PHONE: 954.797.1023. FA\: 954.7971OH7. \"\\'1\.!J'I.\'JE-FL.GC:\
Town Council Agenda Report
TO: Mayor and Councilmembers
FROM: Russell e. Muniz, MBA, CMC,
Acting Assistant Town Administrator
SUBJECT: Resolution
AFFECTED DISTRICT: Town-Wide
TITLE OF AGENDA ITEM: A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH R&S INTEGRATED
PRODUCTS AND SERVICES, INe. FOR THE CREATION OF AN AGENDA
AUTOMATION WORKFLOW SOFTWARE SOLUTION, AND PROVIDING FOR AN
EFFECTIVE DATE.
REPORT IN BRIEF: Town of Davie RFP # B-06-l8 was responded to by R&S Integrated
Products and Services, Inc. on January 31, 2006 and their selection was approved by Council on
March 29,2006. This resolution authorizes the execution of the contract. The contract has been
reviewed by the Town Attorney and his recommended changes have been incorporated.
PREVIOUS ACTIONS: R-2006-085 approved by Town Council on March 29, 2006
CONCURRENCES: N/A
FISCAL IMPACT: $25,910 plus $2,795 per year for maintenance (3 years)
RECOMMENDATION(S): Motion to approve the resolution.
ATTACHMENT(S): Resolution, Contract
\\NS _ TH_ 01 \users$\rmuniz\Russell Muniz\NEW DOCS\2006 Resos\Agenda Worktlow Reso.doc
RESOLUTION
A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT WITH R&S INTEGRATED PRODUCTS
AND SERVICES, INC. FOR THE CREATION OF AN AGENDA AUTOMATION
WORKFLOW SOFTWARE SOLUTION, AND PROVIDING FOR AN EFFECTNE
DATE.
WHEREAS, the creation of the Town Council agenda is a labor intensive process that requires
the coordination of work from every department; and
WHEREAS, in an effort to streamline the process and maximize efficiency the Town Clerk's
Office is desirous of installing an agenda automation workflow solution that will facilitate this process
town-wide; and
WHEREAS, Town of Davie RFP # B-06-18 was responded to by R&S Integrated Products and
Services, Inc. on January 31, 2006; and
WHEREAS, a selection committee comprised of Town employees ranked the proposal from
R&S Integrated Products and Services, Inc. first and their selection was approved by the Town Council
on March 29,2006 via resolution R-2006-085.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE,
FLORIDA:
Section 1. The Town of Davie authorizes the Mayor to execute the contract between R&S
Integrated Products and Services, Inc. and the Town of Davie.
Section 2. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS DAY OF ,2006.
MA YOR/COUNCILMEMBER
ATTEST:
TOWN CLERK
APPROVED THIS DAY OF ,2006.
Agenda Automation Workflow Software
Project Contract
BETWEEN the Town of Davie, Florida
AND R&S Integrated Products and Services, Inc.
THIS CONTRACT is between Town of Davie, whose address is 6591 Orange Drive, Davie. Florida
33314 (hereinafter referred to as ("town") and R&S Integrated Products and Services. Inc., a Florida
corporation, authorized to do business in Florida (hereinafter referred to as "R&S"). In consideration of
the mutual terms and promises set forth below. the town and R&S agree as follows:
1. Services
R&S' responsibility under this Contract is to provide an Agenda Automation Workflow Software
solution, or AA WS, professional services, and a support and maintenance program, as further stated and
described in the town's RFP document #B-06-18 entitled "Agenda Automation Workflow Software"
dated January 4,2006, and the R&S RFP response dated January 31,2006, which is hereby made a part
of this Contract, as was submitted to the town in response to the town's RFP #B-06-18. The town's
representative/liaison during the performance of this Contract shall be Russell Muniz, Acting Assistant
T own Administrator, Administration Department, 954- 797 -1023, or designee.
R&S' representative/liaison during the performance of this Contract shall be Robert Porter,
President/CEO, telephone number (863) 709-8044, or Deanna Porter. Chief Financial Officer, telephone
number (863) 709-8044.
2. Payments
R&S will bill the town for software delivered and services rendered toward the completion of the work
listed in the above referenced RFP and RFP response at the rates listed in said response. Payments shall
be authorized at the completion of each stage of the contract. Invoice shall be submitted to:
Town of Davie
ATTN: Russell Muniz
Acting Assistant Town Administrator
6591 Orange Drive
Davie, Florida 33314
Invoices received from R&S pursuant to this Contract will be reviewed and approved by the town's
representative, indicating that software and hardware products have been delivered, and/or professional
services have been rendered in conformity with the Contract, and then will be sent to the Accounts
Payable Department for payment. Invoices will generally be paid within thirty (30) days following the
town representative's approval.
1
Final Invoice: In order for both parties herein to close their books and records, R&S will clearly state
"final invoice" on R&S' finaVlast billing to the town. This certifies that all services have been properly
performed and all charges and costs have been invoiced to the town. Since this account will thereupon
be closed, any and other further charges, if not properly included on this final invoice, or which are in
excess of the not to exceed amount, are waived by R&S.
3. Initial Contract Period and Contract Renewal
The initial contract period shall begin with the issuance of a purchase order, installation and testing of an
AA WS solution, completion of training, and final acceptance of the AA WS solution. AA WS Support
and Maintenance will continue for one year from the date of system acceptance or first production use of
the system. In addition, the town reserves the right to renew the support contract for additional year
periods, under the same terms, conditions and specifications contingent upon mutual agreement and
town council approval.
4. Access and Audits
R&S shall maintain adequate records related to all charges, expenses, and costs incurred in estimating
and performing the work for at least three (3) years after completion of this Contract. The town shall
have access to such books, records, and documents as required in this section for the purpose of
inspection or audit during normal business hours, at R&S' place of business.
5. Truth-In-Nef!otiation Certificate
Signature of this Contract by R&S shall also act as the execution of a truth-in-negotiation certificate
certifying that the wage rates, over-head charges, and other costs used to determine the compensation
provided for in this Contract are accurate, complete and current as of the date of the Contract and no
higher than those charged R&S' most favored customer for the same or substantially similar service. The
said rates and costs shall be adjusted to exclude any significant sums should the town determine that the
rates and costs were increased due to inaccurate, incomplete or concurrent wage rates or due to
inaccurate presentation of fees paid to outside contractors. The town shall exercise its rights under this
clause within three (3) years following final payment.
6. Insurance ReQuirements
R&S agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this
contract the following insurance coverage and limits, including endorsements described herein. The
requirements contained herein, as well as the town's review or acceptance of insurance maintained by
Contractor, is not intended to and shall not in any manner limit or qualify the liabilities or obligations
assumed by Contractor under this Contract.
Commercial General Liability: Contractor agrees to maintain Commercial General Liability at a limit of
liability not less than $1,000,000 Each Occurrence. Coverage shall not contain any endorsement(s)
excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability.
Business Automobile Liabilitv: Contractor agrees to maintain Business Automobile Llabihty' at a illm
of liability not less than $500,000 Each Occurrence. Coverage shall include liability for O\vned, ]\,011
Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees (u
maintain coverage for Hired & Non- Owned Auto Liability. which may be satisfied by way of
endorsement to the Commercial General Liability policy or separate Business Auto Liability polin'
Worker's Compensation Insurance & Emplovers Liability: Worker's Compensation Insurance to apply
for all employees in compliance with the Worker's Compensation Insurance la\v of the State of Florida
and all applicable Federal laws. Such policy must include Employer's Liability insurance in the amount
of $1,000,000.00 for each accident, $500,000.00 disease (policy limit), and $100,000.00 disease (each
employee ).
7. Patents and Rovalties:
R&S, without exception, shall indemnify and save harmless the town and its employees from liability of
any kind including cost and expenses for or on account of any copyrighted, patented or unpatented
invention, process or article of manufacture or lot and any article used in the performance of the
contract, including its use by the town. IfR&S uses any design, device or materials covered by letters,
patent or copyright, it is mutually agreed, and understood without exception that the proposal prices
shall include all royalties or cost arising from the use of each design, device or materials in any way
involved in the work.
8. Contract Continuity/Transitional Period:
In the event the services are scheduled to end either by contract expiration or by termination by the town
(at the town's discretion), it shall be incumbent upon R&S to continue the service, if requested by the
town, until new services can be completely operational. At no time shall this transitional period extend
more than ninety (90) days beyond the expiration date of the existing contract. R&S will be reimbursed
for this service at the rate in effect when this transitional period clause is invoked by the town.
9. Contracts Overlappine Fiscal Years:
When a contract's terms extends beyond the fiscal year in which the contract commences, the town wlll
issue a new Purchase Order to cover its needs for the balance of the fiscal year and a new purchase order
will be issued to correspond with the remaining months of the contract that extends into the next fiscal
year. Issuance of a new Purchase Order shall be subject to the availability of budgeted funds.
10. Termination For Cause
If, through any cause, R&S shall fail to fulfill in a timely and proper manner its obligations under this
Contract, or ifR&S shall violate any of the provisions of this Contract, the town may, upon a three (3 \
day written notice to R&S, immediately terminate the right ofR&S to proceed under this Contract or
with such part or parts of the Contract as to which there has been default, and may hold R&S liable for
any damages caused to the town by reason of such default and termination. In the event of such
termination, any completed services performed by R&S under this Contract shall, at the option of the
town, become the town's property and R&S shall be entitled to receive equitable compensation for any
work completed to the satisfaction of the town, less any amounts which the town reasonably deems
necessary to withhold in order to correct any defects or deficiencies in the work performed by R&S.
R&S, however, shall not thereby be relieved of liability to the town for damages sustained by the town
by reason of any breach ofthe Contract by R&S, and the town may withhold any payments to R&S for
the purpose of set off until such time as the amount of damages can be determined. R&S shall not be
held liable for damages under this article solely for reasons of delay if the delay is due to causes beyond
its control and without its fault or negligence, but this shall not prevent the town from terminating this
Contract because of such delay. In no event shall the town pay for profit or overhead on work not
performed.
11. Termination For Convenience
This Contract may be terminated by the town without cause upon thirty (30) day written notice to R&S.
In the event of such a termination without cause, R&S shall be compensated for all services, together
with reimbursable expenses incurred. In such event, R&S shall promptly submit to the town its invoice
for final payment and reimbursement under the terms of this Contract.
12. Indemnification
R&S shall indemnify and save harmless and defend the town, its agents, servants, and employees from
and against any and all claims, liability, losses, and/or cause of action which may arise from any
negligent act or omission of R&S, its agents, servants, or employees in the performance of services
under this Contract.
R&S further agrees to indemnify, save harmless and defend the town, its agents, servants and employees
from and against any claim, demand or cause of action whatsoever kind or nature arising out of any
conduct or misconduct of R&S not included in the paragraph above and for which the town, its agents,
servants or employees are alleged to be liable.
13. Independent Contractor
R&S is an independent contractor under this Contract. Personal services provided by R&S shall be by
employees ofR&S and subject to supervision by R&S, and are not officers, employees, or agents of the
town. Personnel policies, tax responsibilities, purchasing policies and other similar administrative
procedures applicable to services rendered under this Contract shall be those ofR&S.
14. Authority to Practice
R&S hereby represents and warrants that it has and will continue to maintain all licenses and approvals
required to conduct its business, and that it will at all times conduct its business activities in a reputable
manner. Proof of such licenses and approvals shall be submitted to the town's representative upon
request.
15. Severability
If any term or provision of this Contract or the application thereof to any person or circumstances shal1.
to any extent, be held invalid or unenforceable, the remainder of this Contract, 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 Contract shall be deemed
valid and enforceable to the extent permitted by law.
16. Governin2: Law/Jurisdiction/Venue
The Contract shall be construed in accordance with and governed by the law of the State of Florida. The
partIes agree to Jurisdiction for any action arising out of or relating to this Contract in any Florida state
or federal court. Venue for any action arising out of or relating to this Contract shall lie in Broward
County, Florida.
17. Successors and Assi2:ns
The town and Contractor bind themselves, their successors, assigns and legal representatives to the other
party hereto and to successors, assigns and legal representatives of such other party in respect to
covenants, agreements and obligations contained in this Contract. R&S shall not assign this Contract
without written consent of the town.
18. Conflict of Interest
R&S represents that it presently has no interest and shall acquire no interest, either direct or indirect.
which would conflict in any manner with the performance or services required hereunder, as provided
for in Section 112.311, Florida Statutes. R&S further represents that no person having any interest shall
be employed for said performance.
R&S shall promptly notify the town's representative, in writing, by certified mail, of all potential
conflicts of interest for any prospective business association, interest, or other circumstances, which may
influence or appear to influence R&S' judgment or quality of services being provided hereunder. Such
written notification shall identify the prospective business association, interest or circumstance, the
nature of work that R&S may undertake and request an opinion of the town as to whether the
association, interest or circumstance would, in the opinion of the town, constitute a conflict of interest if
entered into by R&S. The town agrees to notify R&S of its opinion by certified mail within thirty (30)
days of receipt of notification by R&S. If, in the opinion of the town, the prospective business
association, interest or circumstance would not constitute a conflict of interest by R&S, the town shall so
state in the notification and R&S shall, at its option, enter into said association, interest or circumstance
and it shall be deemed not in conflict of interest with respect to services provided to the town by R&S
under the terms of this Contract. Conversely, if, in the opinion of the Town the prospective business
association, interest, or circumstance would constitute a conflict of interest by R&S, R&S, shall not
enter into said association, interest, or circumstance.
19. Contin2:ent Fees
R&S warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for' R&S to solicit or secure this Contract and that it has not paid or agreed to
pay any person, company, corporation, individual, or firm, other than a bona fide employee working
solely for R&S, any fee, commission, percentage, gift, or any other consideration contingent upon or
resulting from the award or making of this Contract.
20. Nondiscrimination
R&S warrants and represents that all of its employees are treated equally during employment without
regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual
orientation.
21. Public Entity Crimes
As provided in Sections 287.132 and 287.133, Florida Statutes, by entering into this Contract or
performing any work in furtherance hereof, R&S certifies that it, its affiliates, suppliers, subcontractors
and Contractors 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. This notice is required by Section 287. 133(3)(a), Florida
Statutes.
22. Modifications of Work
The town reserves the right to make changes in Scope of Services, including alterations, reductions
therein or additions thereto. Upon receipt by R&S of the town's notification of a contemplated change,
R&S shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the
contemplated change, (2) notify the town of any estimated change in the complete date, and (3) advise
the town ifthe contemplated change shall effect R&S' ability to meet the completion dates or schedules
of this Contract. The parties agree to negotiate in good faith changes in the Scope of Services that may
occur.
If the town so instructs in writing, R&S shall suspend work on that portion ofthe Scope of Services
affected by a contemplated change, pending the town's decision to proceed with the change.
If the town elects to make the change, the town shall initiate a Contract Amendment and R&S shall not
commence work on any such change until such written amendment is executed by the parties hereto
with the same formality as the original.
23. Notice
All written notices required in this Contract shall be sent by certified mail, return receipt requested, and
if sent to the town, shall be mailed to:
Town of Davie
A TTN: Russell Muniz
Acting Assistant Town Administrator
6591 Orange Drive
Davie, Florida 33314
and if sent to R&S Integrated, shall be mailed to:
R&S Integrated Products and Services, Inc.
Attn: Deanna Porter
Address: 3816 Industry Blvd.
Lakeland, Florida 33811
24. Entirety of Contract
The town and R&S agree that this Contract sets forth the entire Contract between the parties, and that
there are no promises or understandings other than those stated herein. None of the provisions, terms and
conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except
by written instrument executed by the parties hereto with the same formality as the original.
IN WITNESS WHEREOF, the Town of Davie enters this Contract in accordance with and as authorized
by
action on ,2006.
Signature - Town of Davie Signature - R&S Integrated
Tom Truex Robert E. Porter
Mayor President/CEO
Date Date
Signature - Town of Davie
Russell Muniz
Acting Assistant Town Administrator
Date
Administration 954.797-1030 Paries & Recreation 954- 797-1145
Budget & Rnance 954-797.1050 Police Department 954-693-8200
Development Services 954-797-1111 Public Works 954.797.1240
Engineering 954.797-1113 Special Projects 954-797-1153
Fire Department 954-693-1211 Technology & Information 954-797-1107
Human Resources 954-797-1100 Town Clerks 954.797.1023
Planning & Zoning 797-1103 Utilities 954-433-4000
tOWN OF DA VIE 6591 Orange Drive, Davie, Florida 33314-3399 (954) 797-1000
April 17, 2006
Mr. Robert Porter
R & S Integrated Products and Services, Inc.
..3816 Industry'SI~;- o'
-
Lakeland, FL 33811
Dear Mr. Porter:
Thank-you for taking the time to submit a proposal for Agenda
Automation Workflow Software, 8-06-18.
After a review of the proposalS received, the Town Council accepted the
selection of your firm in accordance with the attached resolution and
ranking sheet.
Members of the Town's staff will contact you to begin negotiations on a
contract which will require Council approval. Please contact me at
(954) 797-1016 should you have any questions.
Sincerely,
.. . - .
.,
An Equal Opportunity Employer
,i"
\ .iJ. - L: .. ,,1...t
~;
RESOLUTION NO. R-2006-8.5
A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF R & S
INTEGRATED PRODUCTS & SERVICES TO PROVIDE AGENDA AUTOMATION WORKFLOW
SOFTWARE AND TRAINING AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS
DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SOFTWARE AND TRAINING.
WHEREAS, the Town solicited proposals to provide agenda automation workflow software; and
WHEREAS. the selection committee has selected R & S Integrated ProducL~ & Services as the finn best
qualified to provide the required software and training; and
WHEREAS, it is in the Town's best interest to execute' a contract for such software and training.
NOW, THEREFORE, BE IT RESO~~~D BY TJIE TO~ COUN_CJL OF THE TOWN OF DAVIE, FLORIDA:
-- -. -" ~ ...:.- _,. --'" _". __t .... _
SECTION 1. The Town Council of the Town of Davie does hereby accept the selection of R & S
Integrated Products & Services as the firm best qualified to provide the required software and training and
authorizes the Town ,Administrator or his designee to negotiate an agreement for such products and services and
r
present that: contract for approval at a future meeting date. Should no agreement be reached with the highest
I :
ranking firm, then th,e Town Administrator or his designee shall negotiate with the next ranked firm and present
"
that agreement for approval.
SECTION 2. This resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS ;J q [(DAY OF vtYl u't.cjJ _,2006
~--- _...o.-~ -- -'- . .~ - .--
MA YOR/COyw'CILMEMBER
APPROVED THIS ,;;q ci:. DAY OF .2006
~
,
I t
j' TOWN OF DAVIE
l
: PROCUREMENT AUTHORIZATION
,
ACCOUNT NUMBER BUDGET ITEM & DESCRIPTION APPROXIMATE COST
05202595936400 Agenda & Workflow Automation Software $45,000
Uflt. ~nmi .-CIIt'rr1h- C'l.ln.IIY
METHOD OF PROCUREMENT (checkthe one that apolies)
_ Open Corj1petitive Bidding
. . ~ Piggyback pn Contract Number
_ Sole Sourc~ ~
.-X.. Request F~r .Proposals
SPECIFICATIONS & LIST OF VENDORS MUST BE ATTACHED
Signed
Depart
- -_. - - ~ --.-
Have Funds be~n Res'e~ed .~. .3.3-9,;3 - !.. .-'-~-- - -. _.
I
:
i Date i~~f1~
Signed.
Town Administrator
BIDS SUBMITTED
VENDOR COST
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,4>~4 Signed ~
-
_.0.....-_ .___________....-. ... .~ . - . __'_ _ . . Procure en anager
. . ~ ~.. 1 ..." -. - ..... '.- ....._.~-
BID SPECIFICATION COMMITTEE'S RECOMMENDATION
Vendor Cost
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3 : AGENDA AUTOMATEbiwORKFLOW SOFTWARE "
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4 I' , , ,
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5 f < : :, : i' \ : :
6 COMMITTEE MEMBER DAYSTAR . MCCi:'-',;./!coMpUSOLVE ISPK R & S i~.,
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7 C ! ; .
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8 :
9 W,. UNDERWOOD ' 3 i.7:.2- ~\ /
10 B. MCDANIEL ~ ;:l- V ., ! -~ '"< . J , ,
11 A.RODGERS - \ .3 i1 __~;2. ~I/ :
12 R. MUNIZ 1:::J"3: V S-~ /
13 D. ABRAMSON i:2 7.7 ~ Y-' J ::~
14 R. BOYHAN :.:). __ L/ 3 .5 I.' f--- ~ ~ _ .~
15 H. HYMAN ._ r ;;)- L.7 " s ..s-; J,.
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16, .")
17 TOTAL - -~~ .--.- -~/7:--- .2. 7 I. .:L -::1- :3 3 . 7 ;)
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18 ~ _',
19 RANKING -~--- : ~~__H-+-- V 'dJ - 3 E:.b!.. p.'1 J~ ~
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,
VI.-CONSENT AGENDA
ITEM 8.4.
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 Meeting Dates in to City Clerk's Office
C8J December] 6, 2008 December 1,2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o Janua;39"2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon) c;\
<::> ~3
D February 3, 2009 January 19, 2009 (Noon) o April 7, 2009 March 16, 2009 (Noon~ .-{:,
-<.0
"
~ ("')"""
r- -(13
- rf'l'O
0 Announcements/Presentations 0 City Manager's Report \J:J ~-<
:Xz
NATURE OF 0 Administrative 0 New Business -0 vi-l
:s (:)
AGENDA ITEM ~ Consent Agenda 0 Legal ~ Ii
0 Code Compliance & Legal Settlements 0 Unfinished Business (.0)
C >,.
0 Public Hearing 0
RECOMMENDATION: A motion to multi-award the "ANNUAL BID FOR SAFETY CLOTHING AND
EQillPMENT", Bid #001-1412-09/JA, on an overall basis to the lowest, most responsive, responsible bidder who
meets all specifications with an estimated expenditure of $31,000.00.
CONTRACT PERIOD: DECEMBER 17, 2008 TO DECEMBER 16, 2009
EXPLANATION: On October 09, 2008, the Procurement Services opened (7) seven bids. It is recommended to award
this bid to multi vendors as overall "Low Bidders". The evaluating factors used in determining the award were based
on pricing, warehouse processing time and brand name. In addition to proposing the lowest prices, a catalog discount
was offered from several companies for overall discount pricing. Michael Dauta, Warehouse Manager, concurs with
this recommendation per attached memo.
The provision of this bid will allow for two (2) additional (1) one year extensions at the same terms, conditions and
prices subject to vendor acceptance, satisfactory performances and determination that the renewal is in the best
interest of the City.
PROGRAM IMP ACT: The purpose of this bid is to establish a source of supply for the purchase of Safety Clothing
and Equipment. Safety Clothing and Equipment will be ordered on an "AS NEEDED BASIS" and stocked within the
City's Warehouse for the use of various departments within the City.
FISCAL IMPACT: BUDGET ACCOUNT NUMBER ESTIMATED ANNUAL EXPENDITURE
WAREHOUSE
502-00-141-00-0 $31,000.00
ALTERNATIVES: Warehouse not stocking inventory and each department would order on an "As Needed Basis",
therefore, slowing the process down.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
LAST YEAR'S EXPENDITURE: $28,000.00
,
)
~~ _._--*
Department Head's Signature City Manager's Signature
Assistant to City Manager_ Cflrt--
~;b~
City Attorney / Finance
S:\BULLETIN\FORMS'AGENDA ITEM REQUEST FORM DOC
The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
~
TO: Carol Doppler, Purchasing Agent
FROM: Michael Dauta, Warehouse Manager AD
DATE: October 28, 2008
SUBJECT: Safety Bid # 001-1412-09/JA
I reviewed the tabulation sheet sent from your office. My recommendation is a multi-
award to overall low vendor. The evaluating factors used were A) Pricing; B) Warehouse
processing time C) Brand Name
Last year's expenditures were $28,000. The next year's expenditures will be an estimated
$31,000.
Air Ti2ht
Hem(s) # 1,2,8,14, 17,20,23,24,25,(Item 35 Air Tight is awarded the 1 and 5 gallon size)
MSC Industrial Supply
Hem(s) # 3,6,11,16,26,38
Moore Medical
Hem(s) # 5
Ritz Safety
Hem(s) # 18,27,30,33,37,40,41
Safety Zone Specialist
Hem(s) # 4,9,19,22,29,39
Sunrise Safety
Item(s)# 13.15.21
Grain2er
Item(s) # 7.1 0.12,2831.3234.(Jtem 35 Grainger is awarded [he 2 gallon size).36
In addition, the following vendors included a discount of cost plus % for all items not
listed on the bid.
MSC Industrial Supply 15%
Moore Medical 16%
Ritz Safety 10%
Sunrise Safety 10%
Grainger 10%
CC: Barry Atwood, Director of Finance
NAME OF BID: "RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
BID DATE: OCTOBER 09, 2008
BID # 001-1412-09/JA
STATEMENT OF "NO BID" LISTING
LAWMEN'S & SHOOTERS' SUPPLY INC. UNABLE TO MEET SPECIFICATIONS
7750 9TH STREE S.W.
VERO BEACH, FL 32968
OUTDOOR OUTFITS WE ARE UNABLE TO QUOTE
372 RICHMOND STREET WEST COMPETITIVELY THIS TIME
TORONTO,CANADA MSVJX6
......LllJ.:, LVW~LH i"lV.,l t\.r..,.t'Ul~;:'lVt., Kt.~l'UNSll)LE BIDDER WHO MEETS ALL SPECIFICATIONS****
~ '"~ /~
, _ ~____--.~ 0'7 _._-
f>. O~~R CP~;-~~o- 0 /- (//~~/~ ~ \
" AGENT qflCHEAL DAUTA, WAREHOUSE MANAGER
RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
BID OPENING DATE: OCTOBER 9,2008
BID OPENING TIME: 5:00 P.M.
BID # 001-1412-09/JA
"Offers from the vendors listed herein are the only offers AIR - TIGHT, LLC MSC INDUSTRIAL SUPPLY MOORE MEDICAL LLC --..-
received timely as of the above receiving date and time. All 1294 N. CONGRESS AVE. 1800 N. POWERLlNE RD. 1690 NEW BRITAIN AVE
other offers submitted in resp~nse to this solicitation, if any, WEST PALM BEACH FL 33409 POMPANO BEACH FL 33069 FARMINGTON CT 06032
are hereby rejected as late ' ' ,
PH: (561) 640-4802 PH: (954) 969-9250 PH: (800) 234-1464 ext 5441
FAX: (561) 640-4803 FAX: (954) 969-9452 FAX: (877) 354-5916
CONTACT: SLOAN CAMPBELL CONTACT: RON BUCKLEY CONTACT: NANCY VITULANO
SAFETY CLOTHING & EQUIPMENT
1 General Purpose Boots Steel Toe $9.75 $12.10 NOBID
2 14" Leather Bunker Boots $193.00 NO BID NO BID
3 Hearing Protection (ear plugs) $39.00 $15.00 NO BID
4 Clear Anti-Fog Safety Glasse Genesis $5.73 $5.58 $5.09
5 Gray Anti-Fog Safety Glasses (Genesis) $6.30______ $5.70 $5.57
6 Amber Anti-Fog Safet Glasses (Genesis) $6.30 $5.70 $63.52/BOX OF 10 ___.__
Clear Anti-Fog Safety Glasses (over the
7 glasses) $4.57 $5.70 $59.90 BOX OF 10 _ _
Gray Anti-Fog Safety Glasses (over the
8 glasses) $4.99 $5.90 $64.84/BOX OF 10
9 Black eye cords for Safety Glasses._ $1.37 ______ _. $1.30 $36.54 /BOX OF 25 . 0___
10 ClearAnti-FogGoggles________ $7.83 .__ $7.50_____ $6.95 ___
11 Amber Anti-Fog Goggles____ __ ____________. $8.40 $7.95 $83.08/BOX OF 10
12 Long Cuff Leather Work Gloves ___._____ _______.__._ $1.86________ __ . $1.04 ...____ NO BID
13 Knit Wrist Cotton Gloves w/grip **$0.60__ $0.50 . __ ________ _______ NO BID_____
114 Gray Nitrile Ultra Tech Gloves $2.19 $2.30 NO BID______
SHEET 1 RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EOUIPMENT
RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
BID OPENING DATE: OCTOBER 9,2008
BID OPENING TIME: 5:00 P.M.
BID # 001-1412-09/JA
"Offers from the vendors listed herein are the only offers AIR - TIGHT, LLC MSC INDUSTRIAL SUPPL Y MOORE MEDICAL LLC
received timely as of the above receiving date and time. All 1294 N. CONGRESS AVE. 1800 N. POWERLlNE RD. 1690 NEW BRITAIN AVE
other offers submitted in resp~nse to this solicitation, if any. WEST PALM BEACH FL 33409 POMPANO BEACH, FL 33069 FARMINGTON, CT 06032
are hereby rejected as late '
PH: (561) 640-4802 PH: (954) 969-9250 PH: (800) 234-1464 ext 5441
FAX: (561) 640-4803 FAX: (954) 969-9452 FAX: (877) 354-5916
CONTACT: SLOAN CAMPBELL CONTACT: RON BUCKLEY CONTACT: NANCY VITULANO
SAFETY CLOTHING & EQUIPMENT
15 Black Mechanic's Glove $10.15 $8.25 NOBID
16 Dis osable Gloves Non Medical box of 100 $4.25 $~.5Q NO BID
17 Shelb Fire Wall Gloves *~$49.0Q JUI'\ItBO$IZ~+$2;OO NO BID NO BID
18 Defend Res onse Kit $17.55 NO BID NO BID
19 Hard Hats full brim) White, Yellow $12.20 $7.30 NO BID
20 Rainsuits-Oran e $a.aO. NO BID NO BID
21 Raincoats-Oran e $13.00 NOBID NO BID
22 First Aid Kit Econom 4536 $30.44 NO BID NO BID
23 First Aid Kit Refill HEA - 2025R $9.;43 NO BID NO BID
24 $4.83 $6.15 NO BID
25 Microshield Ke Chain $1,Q8 NO BID NO BID
Lime Green Safety Vest with Reflective
26 Strip $8.00 $1.04 NO BID
27 Orange Safety Vest with Fire Imprinted NOBID NO BID NO BID
28 Oran e Observer Safet Vest $5.50 NO BID NO BID
29 Traffic Cones $4.50 $4.76 NO BID
30 "Crime Scene" Caution Tape $16.18 NOBID NO BID
SHEET 1 RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT 2
~E-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
310 OPENING DATE: OCTOBER 9,2008
310 OPENING TIME: 5:00 P.M.
310 # 001-1412-09/Jf\
"Offers from the vendors listed herein are the only offers AIR- TIGHT, LLC MSC INDUSTRIAL SUPPLY MOORE MEDICAL LLC
received timely as of the above receiving date and time. All 1294 N. CONGRESS AVE. 1800 N. POWERLlNE RD. 1690 NEW BRITAIN AVE
other offers submitted in response to this solicitation, if any, WEST PALM BEACH FL 33409 POMPANO BEACH, FL 33069 FARMINGTON, CT 06032
are hereby rejected as late '
PH: (561) 640-4802 PH: (954) 969-9250 PH: (800) 234-1464 ext 5441
FAX: (561) 640-4803 FAX: (954) 969-9452 FAX: (877) 354-5916
CONTACT: SLOAN CAMPBELL CONTACT: RON BUCKLEY CONTACT: NANCY VITULANO
SAFETY CLOTHING & EQUIPMENT
31 Caution Tape $6.18 $7.75 $8.24
32 "Do Not Enter" Caution Tape $6.18 $10.50 NO BID
33 "Fire-Do Not Cross" Caution Tape $13.00 $10.50 $8.24
34 Safety Flares ** $70.18/72 CASE NO BID NOBID
--~,~
35 Gas cans wi Spout 1-2-5 GALS $8.00 NO BID NO BID
--
36 Gatorade - 2.5 pouches; Flavors-
Orange,Grape,Lemon-lime,& Fruit Punch $128.20 $2.95 $59.05/CASE OF 144
37 Oil Absorbent Spill Booms $60.82 (4-PACK)) $50.74 NO BID
38 36" DOT Traffic Cones $18.86 $9.85 NO BID
39 24" Wood Barricades NOBID NOBID NO BID
40 24" Plastic Barricades $39.98 NO BID NO BID
41 N95 Respirator Mask $20.77 (10-PACK) $14.50 NO BID
----._~".
----_._- -- ~-~-~-<---~'-- .----.-.- .-._-_.-----_.-... '...,-- _.-'- ~-~,._-- .--_._--
SHEET 1 RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
BID OPENING DATE: OCTOBER 9,2008
BID OPENING TIME: 5:00 P.M.
BID # 001-1412-09/JA
"Offers from the vendors listed herein are the only offers AIR - TIGHT, LLC MSC INDUSTRIAL SUPPL Y MOORE MEDICAL LLC
received timely as of the above receiving date and time. All 1294 N. CONGRESS AVE. 1800 N. POWERLlNE RD. 1690 NEW BRITAIN AVE
other offers submitted in resp?nse to this solicitation, if any, WEST PALM BEACH FL 33409 POMPANO BEACH, FL 33069 FARMINGTON, CT 06032
are hereby rejected as late '
PH: (561) 640-4802 PH: (954) 969-9250 PH: (800) 234-1464 ext 5441
FAX: (561) 640-4803 FAX: (954) 969-9452 FAX: (877) 354-5916
CONTACT: SLOAN CAMPBELL CONTACT: RON BUCKLEY CONTACT: NANCY VITULANO
SAFETY CLOTHING & EQUIPMENT
PERCENT OFF CATALOG ITEMS 0% 15% 16%
CALENDAR DAYS FOR DELIVERY
21 1-2 1-3
DISCOUNT PERCENT BY WHAT DAY OF MONTH
. ZERO ** SEE NOTA TION** ZERO TERMS NET 30
CATALOG/PRICE LISTING SUBMITTED
NO YES YES
ANTI-KICKBACK AFFIDAVIT SUBMITTED
****YES/NOT SIGNED YES YES
CONFIRMATION OF MINORITY
OWNED BUSINESS SUBMITTED YES/NOT A MINORITY OWNED YES/NOT A MINORITY OWNED
NOT SUBMITTED BUSINESS BUSINESS
CONFIRMATION OF A DRUG-FREE
WORKPLACE SUBMITTED
YES YES YES
SPECIFICATION CHECK OFF SHEET PAGE 3
SUBMITTED YES YES YES
COMMENTS ",* SEENQTATION$ ** U*SE:E
An AQH~D~~'l[I;iR'.~RE<iiARDS
TG>.~.~.~~TITYTION~r*
RE~Eive~$IGNED ANTI,-
klQBAekON1 O/~9/2QOt3 ***SEE ATTACHED LETTERS***
SHEET 1 RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT 4
RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
BID OPENING DATE: OCTOBER 9,2008
BID OPENING TIME: 5:00 P.M.
BID # 001-1412-09/JJl.
RITZ SAFETY SAFETY ZONE SPECIALISTS, INC. SUNRISE SAFETY INC.
1851 N. POWERLlNE RD. P.O. BOX 90764 5377 N. HIATUS ROAD
POMPANO BEACH, FL 33069 LAKELAND, FL 33804-0764 SUNRISE, FLORIDA 33351
PH: (954) 971-3176 PH: (863) 984-1385 PH: (954) 746-7373
FAX: (954) 971-1272 FAX: (863) 984-0058 FAX: (954) 748-7472
CONTACT: TIMOTHY BLAIKIE CONTACT: DAVID A. VESPA CONTACT: ROSANNE FERMOILE
SAFETY CLOTHING & EQUIPMENT
1 General Purpose Boots Steel Toe $11.95 $14.00 $17.10
, 2 14" Leather Bunker Boots $273.00 NO BID $245.00
.--
3 Hearing Protection (ear plugs) $10'l.25/NON STOCK $0.10 $24.00
4 Clear Anti-Fog Safely Glasse Genesis $6.27 $4.95 $7.25
~~~~
5 Gray Anti-Fog Safety Glasses (Genesis) $6.87 NOBID $8.54
6 Amber Anti-Fog Safety Glasses (Genesis) $6.87/NON STOCK NO BID $8.54
Clear Anti-Fog Safety Glasses (over the
7 glasses) $5.98 NOBID $7.98
-~".~."-~ ' --,- --
Gray Anti-Fog Safety Glasses (over the
8 glasses) $6.55 NOBID $8.72
9 Black eye cords for Safet Glasses $37.00/NON STOCK $0.60 $1.95
10 Clear Anti-Fog Goggles $8.55 NOBID $10.64
11 Amber Anti-Fog Gog!Jles $8.60 NON STOCK NO BID $11.40
12 Long Cuff Leather Work Gloves $15.65 NO BID $2.68
.-'''-...-- -.-.,. -. . -..-.-.---
13 Knit Wrist Cotton Gloves w/grip $5.50 NO BID $0.38
".,..~~_. -'-.--- ____,_"___.'r__ '-"--
14 Gra Nitrile Ullra Tech Gloves $24.00 NO BID $2.56
-".-."---'--- --,.".-.--"-----, --.- -- ._'.~ ___'0___ --,-_.-.,-,0 '_'_,.."_..", ~____
SHEET 2 R-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENl
RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
BID OPENING DATE: OCTOBER 9, 2008
BID OPENING TIME: 5:00 P.M.
BID # 001-1412-09/JA
RITZ SAFETY SAFETY ZONE SPECIALISTS, INC. SUNRISE SAFETY INC.
1851 N. POWERLlNE RD. P.O. BOX 90764 5377 N. HIATUS ROAD
POMPANO BEACH, FL 33069 LAKELAND, FL 33804-0764 SUNRISE, FLORIDA 33351
PH: (954) 971-3176 PH: (863) 984-1385 PH: (954) 746-7373
FAX: (954) 971-1272 FAX: (863) 984-0058 FAX: (954) 748-7472
CONTACT: TIMOTHY BLAIKIE CONTACT: DAVID A. VESPA CONTACT: ROSANNE FERMOILE
SAFETY CLOTHING & EQUIPMENT
15 Black Mechanic's Glove $10.15 NO BID $.6.90
16 Dis osable Gloves Non Medical box of 100 $3.80 $7.55 $5.95
17 Shelb Fire Wall Gloves $59.00/SUBSTITUTE NOBID $60.17
18 Defend Res onse Kit $11.5Q/f\J~f\JST~CK NOBID $1.7.52
19 Hard Hats (full brim) White, Yellow $12.20 $7.10 $9.90
20 Rainsuits-Oran e $32.90 NO BID $12.75
21 Raincoats-Oran e $31.40 NO BID $1:2.75
22 First Aid Kit Econom 4536 $12.65 $12.1() $18.95
23 First Aid Kit Refill HEA - 2025R $10.55 NO BID $11.95
24 $7.10 NOBID $7.35
25 Microshield Ke Chain $8.55 NOBID $10.34
Lime Green Safety Vest with Reflective
26 Strip $6.80 ALL SIZES $9.50 $4.75
27 Orange Safety Vest with Fire Imprinted $16.50 TO SX XL $21.80 $17.65
28 Oran e Observer Safet Vest $3.05 $21.80 $4.75
29 Traffic Cones $5.65 $4.25 $6.95
30 "Crime Scene" Caution Ta e $7.05 $8.40 $9.00
SHEET 2 R-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT 2
~E-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
~ID OPENING DATE: OCTOBER 9,2008
~ID OPENING TIME: 5:00 P.M.
310 # 001-1412-09/JA
RITZ SAFETY SAFETY ZONE SPECIALISTS, INC. SUNRISE SAFETY INC.
1851 N. POWERLlNE RD. P.O. BOX 90764 5377 N. HIATUS ROAD
POMPANO BEACH, FL 33069 LAKELAND, FL 33804-0764 SUNRISE, FLORIDA 33351
PH: (954) 971-3176 PH: (863) 984-1385 PH: (954) 746-7373
FAX: (954) 971-1272 FAX: (863) 984-0058 FAX: (954) 748-7472
CONTACT: TIMOTHY BLAIKIE CONTACT: DAVID A. VESPA CONTACT: ROSANNE FERMOILE
SAFETY CLOTHING & EQUIPMENT
31 Caution Tape $5.05 $5.65 $9.00
32 "Do Not Enter" Caution Tape $5.05 $8.40 $9.00
33 "Fire-Do Not Cross" Caution Tape $5.05 NON STOCK $8.40 $9.00
---
34 Safety Flares $69.60 $2.70 $4.24
--~-
35 Gas cans wI Spout $59.00 1-Gal $38.60 2-Gal $40.10 5 Gal $44.40 $40.43
36 Gatorade - 2.5 pouches; Flavors-
Orange,Grape,Lemon-lime,& Fruit Punch $94.50 NO BID $3.66
37 Oil Absorbent Spill Booms $49.75 NOBID $85.20
38 36" DOT Traffic ConE~s $17.15 $17.85 $19.75
39 24" Wood Barricades $30.65 EG $28.50 HI $34.50 $45.62
40 24" Plastic Barricades $32.60 EG $47.30 HI $57.15 $64.31
41 N95 Respirator Mask $9.50 $2.10 $18.95
-..- "_._------~' ~.,.,,~--- ---_.~._-
SHEET 2 R-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMEN1
RE.BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
BID OPENING DATE: OCTOBER 9,2008
BID OPENING TIME: 5:00 P.M.
BID # 001-1412-09/JA
RITZ SAFETY SAFETY ZONE SPECIALISTS, INC. SUNRISE SAFETY INC.
1851 N. POWERLlNE RD. P.O. BOX 90764 5377 N. HIATUS ROAD
POMPANO BEACH, FL 33069 LAKELAND, FL 33804-0764 SUNRISE, FLORIDA 33351
PH: (954) 971-3176 PH: (863) 984-1385 PH: (954) 746-7373
FAX: (954) 971-1272 FAX: (863) 984-0058 FAX: (954) 748-7472
CONTACT: TIMOTHY BLAIKIE CONTACT: DAVID A. VESPA CONTACT: ROSANNE FERMOILE
SAFETY CLOTHING & EQUIPMENT
PERCENT OFF CATALOG ITEMS 10% 0% 10%
CALENDAR DAYS FOR DELIVERY
1-2 14 1-10
DISCOUNT PERCENT BY WHAT DAY OF MONTH
NET 30 NET 30 DAYS ZERO
CATALOG/PRICE LISTING SUBMITTED
YES NO YES
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES
CONFIRMATION OF MINORITY YES/YES - WOMAN BROW ARD
OWNED BUSINESS SUBMITTED COUNTY SMALL BUSINESS AND
YES/NOT A MINORITY OWNED BROWARD COUNTY PUBLIC
YES/NA BUSINESS SCHOOLS
CONFIRMATION OF A DRUG-FREE
WORKPLACE SUBMITTED
YES YES YES
SPECIFICATION CHECK OFF SHEET PAGE 3
SUBMITTED YES YES YES
COMMENTS
SHEET 2 R-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT 4
RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
BID OPENING DATE: OCTOBER 9,2008
BID OPENING TIME: 5:00 P.M.
BID # 001-1412-09/JA
"Offers from the vendors listed herein are the only offers WW. GRAINGER INC.
received timely as of the above receiving date and time. All 1800 N. FLORIDA MANGO ROAD
other offers submitted in response to this solicitation, if any, WEST PALM BEACH FL 33409
are hereby rejected as late '
PH: (561) 684-6895
FAX: (561) 686-1066
CONTACT: STEVE LARRABEE
SAFETY CLOTHING & EQUIPMENT
1 General Purpose Boots Steel Toe SUBSTITUTION
2 14.Lea~erBunkerBoo~ NO BID
3 Hearing Protection (ear plugs) $15.16
~~
4 Clear Anti-Fog Safet Glasse Genesis $5.60
__..u
5 Gray Anti-Fog Safety Glasses (Genesis) NO BID
-- . ------.------
6 Amber Anti-Fog Safety Glasses (Genesis) NO BID
Clear Anti-Fog Safety Glasses (over the
7 glasses) $4.46
~-----_._._-,_.~- ----~-_.-~.~~--
Gray Anti-Fog Safety Glasses (over the
8 glasses) NO BID
9 Black e e cords for Safety Glasses $1.30
,._-'--_0." . ..___.__ _.." _"__ _ .. _ ____..__.M..~"__~_..~_.__~
10 Clear Anti-Fog Goggles $6.67 -----~<._--
11 Amber Anti-Fo Goggles NO BID
-- ---~_._- ~.__.."-~. - "-------
12 Long Cuff Leather \IV ark Gloves $0.99 _.~~~.. ---. -"'---_._-_._-"------_._-_.".~- --~-----_.._,._~_.-
._~---_._., .~
13 Knit Wrist Cotton Gloves w/grip .-..-,-- $0.43 .__M -_._-,,_.,~-~._..-....__.,.,_.,-_.,.. -.-...."'--.-- _.~-
',"'~.._'- -~~-- -~----~ -- ~ j
14 Gray Nitrile Ultra Tech Gloves NOBID
~-----------'- - ~~~- -
SHEET 3 ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
BID OPENING DATE: OCTOBER 9,2008
BID OPENING TIME: 5:00 P.M.
BID # 001-1412-09/JA
"Offers from the vendors listed herein are the only offers W.W. GRAINGER INC.
received timely as of the above receiving date and time. All 1800 N. FLORIDA MANGO ROAD
other offers submitted in resp~nse to this solicitation, if any, WEST PALM BEACH FL 33409
are hereby rejected as late '
PH: (561) 684-6895
FAX: (561) 686-1066
CONTACT: STEVE LARRABEE
SAFETY CLOTHING & EQUIPMENT
15 Black Mechanic's Glove $7.40
16 Dis osable Gloves Non Medical box of 100 $4.19
17 NO BID
18 NO BID
19 $9.29
20 Rainsuits-Oran e NO BID
21 Raincoats-Oran e NO BID
22 First Aid Kit Econom 4536 NO BID
23 First Aid Kit Refill HEA - 2025R NO BID
24 NO BID
25 Microshield Ke Chain NO BID
Lime Green Safety Vest with Reflective
26 Strip $3.25
27 Orange Safety Vest with Fire Imprinted NO BID
28 Oran e Observer Safet Vest $1J:)()
29 Traffic Cones $4.59
30 "Crime Scene" Caution Ta e NO BID
SHEET 3 ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT 2
RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
BID OPENING DATE: OCTOBER 9, 2008
BID OPENING TIME: 5:00 P.M.
BID # 001-1412-09/JA
"Offers from the vendors listed herein are the only offers W.W. GRAINGER INC.
received timely as of the above receiving date and time. All 1800 N. FLORIDA MANGO ROAD
other offers submitted in response to this solicitation, if any, WEST PALM BEACH FL 33409
are hereby rejected as late ,
PH: (561) 684-6895
FAX: (561) 686-1066
CONTACT: STEVE LARRABEE
SAFETY CLOTHING & EQUIPMENT
Caution Tape $3.97
32 "Do Not Enter" Caution Tape $4,Cl2
33 "Fire-Do Not Cross" Caution Tape NO BID
34 Safet Flares $4Sm~5 --.
35 Gas cans w/ S out 2-C3AL$pAqi> 5C3i$10.37
36 Gatorade - 2.5 pouches; Flavors-
Orange,Grape,Lemon-lime,& Fruit Punch $2,79
37 Oil Absorbent Spill Booms $65.57
38 36" DOT Traffic Cones $19.20
39 24" Wood Barricades NO BID
--
40 24" Plastic Barricades $35.06
41 N95 Respirator Mask $13.65 "--"..-,--~-_.._--~~-~._-,-.-
---~,-,.~. --- ----_._--~--^.~------'-'---_._""'--------_._-._-_.._~_.~.~,,-~~- ---~.,--_._.._.
SHEET ~ ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT
BID OPENING DATE: OCTOBER 9,2008
BID OPENING TIME: 5:00 P.M.
BID # 001-1412-09/JA
"Offers from the vendors listed herein are the only offers W.W. GRAINGER INC.
received timely as of the above receiving date and time. All 1800 N. FLORIDA MANGO ROAD
other offers submitted in resp~nse to this solicitation, if any, WEST PALM BEACH FL 33409
are hereby rejected as late '
PH: (561) 684-6895
FAX: (561) 686-1066
CO NT ACT: STEVE LARRABEE
SAFETY CLOTHING & EQUIPMENT
PERCENT OFF CATALOG ITEMS 10%
CALENDAR DAYS FOR DELIVERY
1-3
DISCOUNT PERCENT BY WHAT DAY OF MONTH
ZERO
CATALOG/PRICE LISTING SUBMITTED
YES
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES
CONFIRMATION OF MINORITY
OWNED BUSINESS SUBMITTED YES/NOT A MINORITY OWNED
BUSINESS
CONFIRMATION OF A DRUG-FREE
WORKPLACE SUBMITTED
YES
SPECIFICATION CHECK OFF SHEET PAGE 3
SUBMITTED YES
COMMENTS
**SEE NOTA TION**
NOTARY SEAL EXPIRES ON
NOVEMBER 11, 2008
SHEET 3 ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT 4
VI.-CONSENT AGENDA
ITEM C.l
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 Meeting Dates in to City Clerk's Office
~ December] 6, 2008 December 1,2008 (Noon) o Februmy] 7,2009 Februmy 2, 2009 (Noon)
o Janumy 6, 2009 December 15,2008 (Noon) o March 3, 2009 February ] 7, 2009 (Noon)
o January 20, 2009 Janumy 5,2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
o February 3,2009 Janumy 19,2009 (Noon) o April 7,2009 March 16,2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve and authorize the execution of an agreement with Arts and Culture Group, Inc. to implement
Jaycee Park Interpretive Public Art Markers, Phase I, as part of Recreation and Park commitmentto public art in the project. The
cost to implement Phase I is $44,875.00. The Arts Commission approved the Jaycee Park Interpretive Public Art Markers project
October 28, 2008.
EXPLANATION: Jaycee Park, subject to the Public Art ordinance, is participating by contributing to the implementation of
Interpretive Public Art Markers. The purpose of the project is to educate and inspire visitors to understand estuary ecology and
the direct connection to the Gulf Stream eco system and Boynton Beach's rich fishing and cultural heritage. The budget allows
for implementation of Phase I of the project with a goal to raise additional funds to complete the project balance.
PROGRAM IMPACT: Applying Public Art to interpretive markers for Jaycee Park will contribute to public education and
awareness of the Parks historical significance, mangrove mitigation and environmental qualities in an esthetic and meaningful
way.
FISCAL IMPACT: The cost to implement Phase I of the Jaycee Park Interpretive Public Art Markers is $44,875.00. The
fees for this project will come from the funds allocated for Jaycee Park in account # 302-4299-580-63-05 CP 0513.
ALTERNATIVES: To not approve the artist agreement for the Jaycee Park Interpretive Public Art Marker.
ATTACHMENTS: Exhibit A - Arts Commission minutes.
tVf tf!--m!..~rJ- ~
Assistant to City Manager
Department Name City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 '
2, RESOLllTION NO. R08-
"
.J'
4'
,...f I A RESOLUTION OF THE CITY COMMISSION OF
)1 ;
, THE CITY OF BOYNTON BEACH, FLORIDA,
61
7: I APPROVING AN AGREEMENT TO HIRE A PUBLIC
f'
8f ARTIST BETWEEN THE CITY OF BOYNTON BEACH
i AND ART AND CULTURE GROUP, INC., FOR THE
9
10! ' CREA TION OF A SCULPTURE FOR THE JAYCEE
~ i
11 ! PARK INTERPRETIVE ART MARKERS IN THE
12 AMOUNT OF $44,875.00; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15
16 WHEREAS, Jaycee Park is participating in the Public Art Ordinance 07-002 by
17 contributing to the creation and implementation oflnterpretive Public Art Markers: 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
201 the City of Boynton Beach to approve the Agreement between the City of Boynton Beach
I
I
2] I and Art and Culture Group, Inc" in the amount of $44,875.00 for the creation of a sculpture
22 for Jaycee Park Interpretive Public Art Markers.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. Each Whereas clause set forth above is true and correct and
261 incorporated herein by this reference.
271 Section 2. The City Commission of the City of Boynton Beach, Florida does
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28 hereby approve and authorize the execution of the Agreement between the City of Boynton
! 291; Beach and Art and Culture Group, lnc" in the amount of $44,875.00 for the creation \\1' a
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30 I sculpture for Jaycee Park Interpretive Public Art Markers, a copy of said Agreement is
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! Is. ,CA\RESO\AgreementSJaycee Park - Puhlic Artist( sculpture I due'
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1 attached hereto as Exhibit "A".
2 Section 3. That this Resolution shall become effective immediately upon
3 passage.
4 PASSED AND ADOPTED this _ day of December, 2008.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8,
9 Mayor - Jerry Taylor
10
11
12 Vice Mayor - Jose Rodriguez
13
14
15 Commissioner - Ronald Weiland
16
17
18 Commissioner - Woodrow L. Hay
19
20
21 Commissioner - Marlene Ross
22 ATTEST:
23
24
25 Janet M .Prainito, CMC
26 City Clerk
27
28
29 (Corporate Seal)
30
31
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Ii S:\CA\RESO\AgreementSJaycee Park- Public Artist(scuJpture).doc
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AGREEMENT
THIS AGREEMENT, dated the day of ~___ ___. __.___ ___._.u_.._.._._u_.._.._ __"__ ' 2008, is b\ and
between:
CITY OF BOYNTON BEACH, a municipal corporation, organized and operating
pursuant to the laws of the State of Florida, with a business address of 100 East Boynton
Beach Boulevard, Boynton Beac~ Florida 33435, hereinafter referred to as "CITY"
and
Art and Culture Group, Inc. with an address of 66 Saint James Drive, Palm Beach
Gardens, Florida 33418 in hereinafter referred to as "ARTIST." CITY and ARTIST
may hereinafter collectively be referred to as the "Parties."
WITNESSETH:
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and ARTIST agree as follows:
WHEREAS, public art is a work of art, generally created by a public ARTIST exhibiting the
highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in
any medium, material or combination hereof, including but not limited to paintings, sculptures, stained
glass, mosaics, murals, and ARTIST designed functional, architectural, landscaped, and landform
elements as described in the Public Art Ordinance 07-002; and
WHEREAS, CITY desires to obtain professional services from ARTIST for the creation of a
sculpture for the Jaycee Park Interpretive Public Art Markers; and
WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to
provide the CITY with the sculpture in a professional and artistic manner; and
WHEREAS, ARTIST has stated an interest in working on the creation of public art elements
for the CITY; and
WHEREAS, the CITY desires to commission the ARTIST to create public art elements; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
herein contained and other good and valuable consideration, the receipt of which is hereby
acknowledged, it is agreed herein between the Parties hereto as follows:
ARTICLE 1
1.1. RECITALS: Each "whereas" clause set forth above is true and correct and herein
incorporated by this reference.
Page 1 of8
ARTICLE 2
SERVICES AND RESPONSmILITIES
2.1. ARTIST hereby agrees to create public art elements described in attached proposal, or other
services which may otherwise be required, as further enumerated in the Scope of Services set forth in
Article 3 herein below.
2.2. The public art elements shall be located at such location within the CITY as designated by the
CITY.
2.3. ARTIST shall furnish all services and labor necessary and as may be required in the
performance of this Agreement.
2.4. ARTIST hereby represents to CITY, with full knowledge that CITY is relying upon these
representations when entering into this Agreement with ARTIST, that ARTIST has the professional
expertise, talent, experience and manpower to perform the services to be provided by ARTIST
pursuant to the terms of this Agreement.
2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement,
including but not limited to the public art elements, is an original creation and does not infringe upon
or violate any copyrights or other rights of any person, firm or organization.
2.6. The CITY recognizes the ARTISTS and collaborators rights pursuant to the Federal Visual
ARTIST Rights Act of 1990, known as "V ARA". The CITY will not intentionally distort and/or
modify the public art elements, where the modification or distortion would prejudice the ARTIST'S
and collaborators honor or reputation.
2.7. The CITY is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of
the public art elements, in any manner the CITY sees fit. The CITY agrees not to sell the public art
elements to a third-party for monetary gain. The CITY may transfer ownership of the sculpture to
another governmental entity or to a not for profit corporation.
2.8. The CITY agrees to give the ARTIST and collaborator full acknowledgement and credit as the
creator of the public art element, with the placement of a plaque or similar object on and/or near the
public art elements.
2.9. The value of the public art elements is established when the price of the art is commissioned.
2.10. The CITY agrees to provide the ARTIST access to CITY property, as a work site to prepare the
public art elements for installation.
2.11. ARTIST may not hire or utilize the services of any sub-contractor, employee or other
individual to assist the ARTIST in performing services under this agreement without the prior written
approval of the CITY.
2.12 l-\~TIST wa...'Tanties the final product against all defects in workmanship and materials for a
period of one year.
Page 2 of8
ARTICLE 3
SCOPE OF SERVICES
ARTIST shall perform the following services in accordance with this Agreement with CTTl as
follows:
3.1. All work performed under this Agreement shall be done in a professional manner.
3.2. The public art elements shall be produced to the CITY's satisfaction and in conformity with the
appropriate moral and ethical standards for the community in which the CITY is located. The quality of
the completed materials is a matter of prime importance and shall meet all applicable industry standards.
The CITY shall have the right to approve and/or reject the public art elements or any portion thereof. The
display, of the public art elements shall be subject to the sole discretion of the CITY.
.., .., The ARTIST shall perform and provide services as set forth in the Proposal for the Jaycee Park
.,)..,) Interpretive Public Art Markers elements dated October 28, 2008, a copy of which is attached hereto as
Exhibit "A".
3.4 ARTIST is required to coordinate with construction project management to prepare, install and
complete the public art project. City is not responsible for negotiating, coordinating or managing the
public art project timeline. Public Art Administrator will monitor the project and from time to time
document the public art projects process. Project is estimate to begin January 2009 with a completion date
estimation of September 1, 2009.
ARTICLE 4
TERM AND TERMINATION
4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end
upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof.
4.2. All documents, plans, work products, materials, equipment and tools belonging to the CITY
will be furnished to the CITY upon completion and/or termination of the Agreement, whichever occurs
first.
4.3 The CITY's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of
the public art elements shall survive the termination of this Agreement.
ARTICLE 5
COMPENSATION
5.1. The CITY shall provide compensation and/or payments to the ARTIST as set forth in the
Proposal for the Jaycee Park Interpretative Public Art Markers elements dated October 30, 2008. a
copy of which is attached hereto as Exhibit "A".
Page 3 of 8
ARTICLE 6
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
CITY or ARTIST may request changes that would increase, decrease or otherwise modify the
Scope of Services to be provided under this Agreement. Such changes or additional services must be
in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a
written amendment, executed by the Parties hereto, with the same formality and with equal dignity
herewith prior to any deviation from the term or scope of this Agreement, including the initiation of
any additional or extra work. In no event will ARTIST be compensated for any work which has not
been described in a separate written agreement executed by the Parties hereto.
ARTICLE 7
MISCELLANEOUS
7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular
liability insurance shall be maintained during the life of this contract to comply with statutory limits for all
employees, and in the case any work is sublet, the ARTIST shall require the sub-Contractors similarly to
provide Worker's Compensation Insurance for all the latter's employees unless such employees are
covered by the protection afforded by the ARTIST.
A. ARTIST 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 $1,000,000 (all professional contract services).
B. 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.
C. ARTIST shall secure and maintain in force throughout the duration of this contract workers'
compensation insurance to statutory limits.
D. ARTIST 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.
E. Reference Insurance Advisory Form 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.
If ARTIST claims to be exempt from this requirement, ARTIST shall provide CITY proof of
such exemption along with a written request for CITY to exempt ARTIST, written on
ARTIST's letterhead.
Page 4 of8
/.2. Independent Contractor. This Agreement does not create an employeeiempl\ IV t'l
relationship between the Parties. It is the intent of the Parties that the ARTIST is an independent
contractor under this Agreement and not the CITY's employee for any purposes. mcluding hul nUl
limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments.
Federal Insurance Contribution Act the Social Security Act, the Federal Unemployment Tax Act. the
provisions of the Internal Revenue Code. the State Worker's Compensation Act. and the 'itate
Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment
of the manner and means of carrying out ARTIST' activities and responsibilities hereunder provided.
further that administrative procedures applicable to services rendered under this Agreement shall be
those of ARTIST, which policies of ARTIST shall not conflict with CITY. State. or t Jnited States
policies, rules or regulations relating to the use of ARTIST' funds provided for herein. The ARTl ~'l
agrees that it is a separate and independent enterprise from the CITY, that it had full opportunlt) to
find other business, that it has made its own investment in its business, and that it will utilize a high
level of skill necessary to perform the work. This Agreement shall not be construed as creating any
joint employment relationship between the ARTIST and the CITY and the CITY will not be liable for
any obligation incurred by ARTIST. including but not limited to unpaid minimum wages and/or
overtime premiums.
7.3. Assignments.
7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise
encumbered, under any circumstances, by ARTIST without the prior written consent of CITY.
However, this Agreement shall run to the CITY and its successors and assigns.
7.3.2. It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith.
7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the ARTIST to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or
firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage.
gift, or other consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement
without liability at its discretion, to deduct from the contract price, or otherwise recover the full
amount of such fee, commission, percentage, gift or consideration.
7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given
by written notice, sent by registered United States mail, with return receipt requested, addressed to the
party for whom it is intended and the remaining party, at the places last specified, and that places for
giving of notice shall remain such until they shall have been changed by written notice in compliance
with the provisions of this section. For the present, the ARTIST and the CITY designate the following
as the respective places for giving of notice:
Page 5 of8
CITY: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone No. (561) 742-6010
Facsimile No. (561) 742-6011
Copy To: James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
ARTIST:
Telephone No.
7.6. Binding Authority. Each person slgmng this Agreement on behalf of either party
individually warrants that he or she has the 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 to all provisions
contained in this Agreement.
7.7. Headings. Headings herein are for convenience of reference only and shall not be
considered on any interpretation of this Agreement.
7.8. Severability. If any provision of this Agreement or application thereof to any person or
situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall have been
held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect,
and be enforced to the fullest extent permitted by law.
7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida
with venue lying in Palm Beach County, Florida.
7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this
Agreement, each party shall bear its own attorney's fees and costs.
7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement
between the CITY and the ARTIST and supersedes all prior negotiations, representations or
agreements, either written or oral.
7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall
not discriminate against any firm, employee or applicant for employment or any other firm or
individual in providing services because of sex, age, race, color, religion, ancestry or national origin.
Page 6 of8
-:'.13. Waiver. Any failure by ARTIST to require strict compliance with any provIsIon \ t1 hJ:--
contract shall not be construed as a waiver of such provision. and ARTIS! may subsequently requJn:
strict compliance at any time, notwithstanding any prior failure to do so.
7.14. Counterparts. This Agreement may be executed in multiple counterparts. each of which
shall be deemed an original, and all of which together shall constitute one and the same instrument
7.15 U sage Rights After final acceptance of the artwork by the CITY. the following
ARTIST' rights shall be guaranteed:
. Maintenance of public artworks shall be the responsibility of the CITY or developer or
property association and not the ARTIST. The responsible party shall make reasonable
efforts to maintain the artwork in good repair. The responsible party shall attempt to
consult the ARTIST and collaborator on major repairs.
. The artwork shall not be altered, modified, removed or relocated from a site integral to the
concept for the work without first consulting with the ARTIST and collaborator, if
reasonably possible. If a work, nevertheless, has been significantly altered, the ART! ST
and collaborator shall have the right to disclaim authorship.
. Copyright of the artwork shall belong to the creator(s), but the CITY or developer or
property association shall be granted the right to make two-dimensional reproductions for
non-commercial purposes.
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and
year first written above.
CITY
ATTEST: CITY OF BOYNTON BEACH, FLORIDA:
BY:
JANET PRAINITO, CITY CLERK KURT BRESSNER CITY MANAGER
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Page 7 of 8
ARTIST
WITNESSES:
BY:
Print Name:
Title:
STATE OF FLORIDA :
: ss:
COUNTY OF :
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared as of ,
who is personally known to me or who has produced as
identification, and acknowledged executing the foregoing Agreement as the proper official of
for the use and purposes mentioned therein and that the instrwnent is the act and deed
of
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this day of , 2008.
(Signature of Notary Public - State of Florida)
(Print, Type or Stamp Commission Name of Notary Public)
Page 8 of8
The City of Boynton Beach
CITY MANAGERS OFFICE
Public Art Administrator
100 E Boynton Beach Blvd
PO. Box 310
Boynton Beach. FL 33425
phone (561) 742-6026 fax (561) 742-6089
e mail colesdobayd@ci.boynton-beach.flus
'ijww.boYllton-J:Je?c.h org
November 20,2008
Lucy M. F. Keshavarz
Art & Culture Group, Inc.
Palm Beach Gardens, Florida
office/fax: 561-622-9892
cell: 561-315-2602
lucyk@artcu\turegroup.com
Lucy,
This letter serves as an approval for your company, Art and Culture Group, Inc. to
sub- contractor/sub-consultant with the following companies for the Jaycee Park
Interpretative Public Art Market project:
Interpretative Consultant and Collaborator:
Linda Emerson
Wisdom through Wonder
3412 Cove Road
Jupiter, Florida 33469
561 741 1214
wonder@mindspring.com
Sub- Contractors:
Tracy Rosof- Petersen
EarthArtists Clay Studio
331 South Lakeside Drive
Lake Worth, FL 33460
561-585-1411
<D. City of Boynton Beach .
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Enriching our Community through Public Art
The City of Boynton Beach
CITY MANAGERS OFFICE
Public Art Administrator
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
phone (561) 742-6026 fax (561) 742-6089
e mail colesdobayd@ci.boynton-beach.fl.us
www.boynton-beach.org
Bijan Parssi, PE
Botkin Parssi & Associates, Inc.
6141 Lake Worth Road
Lake Worth, FL 33463
561-965-1957
Sincerely,
Debby Coles-Dobay
Public Art Administrator
Cc: Lori La Verriere, Assistant City manager
James Cheroff, City Attorney
City of Boynton Beach .
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Art In PublIC Places" ..' .'
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Enriching our Community through Public Art
Jaycee Park
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1. nter~J re tlve
Public Pirt iViarl<er Propc)sai
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----- ---- Phase One
Project Overview
Art in Public Places
Recreation and Parks Department
Jaycee Park
The City of Boynton Beach purchased Jaycee Park in 2004 and has completed
facilities upgrade and native plant landscaping.
Through site interpretation planning and public art, we are creating an holistic
experience at Jaycee Park that will educate and inspire visitors to understand
estuary ecology and its direct connection to the Gulf Stream ecosystem and
Boynton Beach's rich fishing and cultural heritage.
The Interpretive Public Art Marker Proposal provides a blueprint to produce a
sequential loop trail of Interpretive Public Art Markers - a creative site interpre-
tive design linking programmatic, recreational and passive usage of the park in
an educational and aesthetic manner
1
The Collaborative Journey
and why pilings, coquina rock, decking with interpretive panels:
At the start, it seemed mangrove mitigation would be the story line for this
project. However, the collaborative journey has brought us to a much more
exciting and larger conclusion - the story of the significant connection
between the coastal waterway environment and the existence of this place
we know as Boynton Beach. Through our research of the written, oral and
visual history of this distinctive place, we found there to be an essential
relationship between the coastal waterways alongside Boynton Beach and
with its beginning, sustenance, growth and continued health. It was these
discoveries that lead us to answer the design question: Why mangrove
mitigation at the Jaycee Park and how does this fit into this particular place
and time? We also discovered that this history and the obvious connection to
the present and future are no longer apparent as the city has grown and
"modernized" in the last couple of decades. We felt honored with the
opportunity as well as obligated to incorporate our treasure of findings into
this project.
Given the story that needed to be told, the rich history to draw from and the
need for the public art in the park to be both interactive and low maintenance;
it was agreed that pilings, coquina rock, decking, carved I glazed tile and high
pressure laminate interpretive panels would be the perfect media for the
interpretive public art markers. These building materials immediately give
visual reference to the strong ties between the coastal waterways, coastal
estuaries and Boynton Beach. These materials also offer a multitude of
opportunities to encourage more interaction with the interpretive message;
allow the public art to be functional, site specific and touchable; and create
more areas of interaction within the park while complementing the wonderful
new facilities and landscaping.
2
Site Map
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3
Public Art Concepts and Interpretive Story Content
Phase L J
Location 4.0 Estuary overlook by Fiddler Crab Pavilion, side path 2
NOTE: Bench is not included in Phase One
Title: Estuary Ecology
Topics:
Who lives here? Mangrove and sea grass ecosystems. Species examples,
common and rare.
Why is it important? Biological productivity, base of marine food chain, value as
habitat, nursery of the sea, value as resource for human needs- economic, recreational
and enjoyment of nature.
What is a created/restored wetland? Details and value of mitigation.
Expand on details of species connection to near-shore marine ecosystem/ Gulf Stream
Elements:
Coquina rock and wood will be combined to provide seating. Two interpretive panels
will be mounted on metal posts and set in coquina rock to resemble marine signage.
This interpretive public art marker can be used for multiple purposes: a place for people
to sit and contemplate the information contained in the interpretive panels or a place to
visually connect with the water immediately to the east, mangroves immediately to
the south and park activities to the west. The elements of this location are also
designed to create the needed "teaching place" for the group tours by providing
seating. It also provides an informal and additional gathering place within the park.
4
Public Art Concepts and Interpretive Story Content
Elevation and Plan View
Phase One
Location 4
,
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5
Public Art Concepts and Interpretive Story Content
Phase C
Location 5.0: Top/eastern center of loop trail
:"~-.
! ' ..
_.- .- ~'------=---...._---=-.:::.-:=-
Title: Gateway to the Gulf Stream
Topics:
Experiencing the connection between estuary, Boynton Inlet, Gulf Stream and
marine ecology and Boynton's fishing legacy
Elements:
"Schooling: from estuary to Gulf Stream"
Schooling fish symbolically connect the estuary (Location 4) to the Gulf Stream
(Location 7). Located on the east side of the park between the concrete walking
path and mitigation area, two large coquina rocks will be secured in the ground.
One rock will be approximately 5' high by 3' wide above grade and the other rock
will be approximately 3' high by 5' wide above grade. Carved and glazed tiles will
be custom made to fit each rock. The subject matter will be schools of fish that
inhabit the areas of the estuaries and Gulf Stream; making the visual connection
and linking the importance of the estuary to the health of the larger coastal region
The tiles will be intriguing and touchable up close and afar as well as visible from
nearly all points in the park.
6
Public Art Concepts and Interpretive Story Content
Phase One
Location 5.0: Top/eastern center of loop trail
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7
Proposal for costs associated with the creati\le
development, production, fabrication a, ,d
installation of Interpretive Public Art Markers
Phase One
Javcee Park Interpretive Public Art Marker Proposal Costs
Costs associated with producing and installing interpretive public art markers to educate
the public about onsite mitigation and its value and connection to the community.
Phase I will include a portion of Location 4 (interpretive panels, panel posts and coquina
rocks) and Location 5 as presented to the City of Boynton Beach in August 2008.
Public Art Marker Fabrication and Installation - scope of work attached:
Creation, construction and installation of: a portion of Location 4
and Location 5 public art marker locations using the following materials:
coquina rock
carved & glazed custom made tiles
Includes labor for installation of coquina rocks and interpretive panels.... .$23.150
Fabrication and delivery of 2 mount plates with weatherable brown
aluminum posts (2 each) and mounting hardware for
panel/art markers at Location 4......................................... ............. .$995
Structural engineer & construction drawings... . .. .. .. .. . .. .. .. . . .. .. . . .. .. . .. . .. . .. . . .. .. ... . $3,000
Building permit fee............................ .................. .......... . ...... .. ............ . ..$0.0
Public Art consultant project management using three (3) subcontractors:
manage engineering & construction drawings
contract & coordination with 2 sub-contractors lM.-o1Pr ~;d.t 0... ~
manage work & installation
manage rock selection & installation Cl~ ~~ i~
completion of maintenance manual /)00
Total... ... ... ... ... ... ... ... ... ... ... ... ..... ... ... ... ... ... ... ..... ... ...cre.,..V't,~. .$1 ,500 _
~ ~:::.-ou
Sub-total............ ......... .$28,645
-u...;~0" ~r ~ Itj,1/0Y ~ 2'1,1/6
\~ J 1'~W\
st ~"\J\.O -
c-\-- ? oS+> '1
qlu.e I S\-)'^1 ~ol-tt4t k> (Q; 8
~7"'-~~
Proposal for costS-Phase One
( continued)
Interpretive panel design and production- specifications attached:
Research and content development for each layout
Conceptual and final designs for each layout
Copy writing
Copy editing
Proofreading
Image acquisition
Image editing
Image fees- one time usage fees
Hi-resolution scans
Revisions
Graphic production
File preparation for digital output
2 full panel layouts with 3 detail cut-out layouts
Total... ... ... ... ... ... ... ... ._. ... ... ... ... ... ... ... ... ... .......... ....... .... ....... ..$7,850
Interpretive panel package fabrication in High Pressure Laminate,
includes design and addition of custom mounting hardware required f
for art markers, proofs, wrapping, crating, shipping & handling............... ..$2,020
Site Interpretation consultant project management
includes contracting fabricator and signage mounting
supplier, co-ordinating production, delivery and installation
of interpretive panels and collaboration with Public Artist to
determine art marker placement on site at time of install... ... ... ... ... $2,280 ~
Subtotal..................... .$12,150
Contingency 10% based on selected art marker option...........................$4,080
TOTAL $44.875
9
Proposal for costS-Phase OnE~
continl
NOTES
1) Prices may be valid 60-90 days only and are subject to change.
2) Custom tiles and interpretive panel design, production and fabrication
are for the specific approved locations of 4 (partial) and 5, based on our
agreed storyline and content and the desired park visitor experience.
Cost will vary with change in content, quality or additional revisions.
10
Project Description / Scope of Work
Specifications for Vendor Estimates
Phase One
Public Art Marker desian. fabrication and installation - scope of work:
Location 4 -
. Two interpretive panels will be mounted on aluminum posts.
. Included in price is the labor to install two panels, approx. 30"x22" & 28"x21", onto
aluminum posts and into ground. Fabrication of panels & posts will be done by
others and mounting mechanics will be provided.
. A total of five coquina rock to be placed at base of aluminum posts:
4 Coquina rocks @ 3 %' to 4' w x 1 %' d x 18" to 24" h
1 Coquina rock @ 3 %' w x 1 %'d x 3' h
Placement of 5 coquina rocks
Location 5 -
. 2 Coquina rocks: one approximately 7' x 3' placed vertically and one approximately
5' x 5" placed horizontally.
. Installation of two large coquina rock
. Coquina rocks partially cut to acquire smooth surface for application of clay tiles.
. Carved and glazed tiles will be custom made to fit each rock. Includes design,
testing of clay & glaze, fabrication, glazing, 2 firings and installation of tiles onto
rocks.
InterDretive Danel desian and Droduction- scope of work & specifications:
Location 4 -
Scope of Work:
Complex Copy: up to 10 lines of copy, Graphics: 3-8 images
Full range of graphic design with image and text manipulation. Includes a combination
of the following: text wrap and altering, image alteration with Photoshop or similar
program, image cut-outs, ghosting, reversing and sizing images, background treatments
such as shading, gradation, texture, shadowing, custom designed background, etc.
Panel Specifications:
1 30"x 22", %" thick, rounded corners w/2 10"x 1 0" % " cut-out rounded
shapes, top mounted (mangrove canopy detail, estuary/intertidal detail)
Backed by welded metal plate recessed 8" from panel edge w/8 drilled in
tapped holes to mount on 2 Powder coated aluminum legs
w/tamper-proof hardware
1 28"x 21", %" thick, rounded corners w/12"x 1 0" % " cut-out rounded top
mounted (schooling fish)
Backed by welded metal plate recessed 2" from panel edge w/8 drilled in
tapped holes to mount on 2 Powder coated aluminum legs
w/tamper-proof hardware
11
Maintenance and Materials Pagps
Pha se C
INTERPRETIVE PUBLIC ART MARKERS
CLEANING AND MAINTENANCE
Materials used:
Coquina Rock; carved, glazed tiles and High Pressure Laminate (HPL) interpretive
panels.
In general these materials are low maintenance to maintenance free. Normal rain
water and community use will help keep surfaces clean.
Recommend inspection at least once per vear to check for:
. vandalism
. wear and tear, such as loose bolts/screws
. build-up of vegetation, such as falling leaves, which should be removed.
. irrigation water should never be allowed to hit interpretive public art markers as this
could cause staining and other negative side effects over time.
HPL Interpretive Panel Cleanina and Maintenance
Cleaning
. Mild soap and water is always best for general cleaning. Rinse with clean water
after washing. DO NOT use abrasive cleaners, acids or acetone. They will dam-
age the surface of the panel.
. Graffiti (paint, crayon, felt tip markers, etc.) can be removed using organic solvents,
such as Simple Green, Goof-off, or similar non-abrasive, citrus-based cleaners.
. Very stubborn graffiti may require stronger solvents, such as mineral spirits. DO
NOT use lacquer thinner or acetone, as they will damage the surface of the panel.
Always rinse with clean water after cleaning.
. Minor blemishes, nicks, abrasions, burns, or light scratches can be concealed using
a polymer-based boat or car wax.
Maintenance
. Edges should be wiped with a liquid wax, like Thompson's Water Seal annually.
This helps re-moisturize the core edges and maintains the black color of the edge.
. Occasionally wiping a cleaned graphic face with a polymer-based boat or car wax
will assist in removal of graffiti and dirt.
12
Maintenance and Materials Pages
Phase One
(continued)
INTERPRETIVE PUBLIC ART MARKERS
CLEANING AND MAINTENANCE (cant.)
Cleaning instructions for carved. glazed tiles
. Using mild soap and water, clean surface using a soft nylon brush.
. Rinse well with clean water.
. DO NOT use any abrasive cleansers or wire brushes - these will scratch surface of
the tile.
. In the case of graffiti, any solvent that can be used on glass and concrete can be
used on glaze and grout.
. Inspect at least once per year
. Clean as needed
13
Design Team
The Jaycee Park Interpretive Art Markers Project is a collaboration between the City of
Boynton Beach Department of Recreation and Parks, Art in Public Places and
Historical Archivist, Wisdom through Wonder, Inc. and Art & Culture Group, Inc.
Linda Emerson, Wisdom through Wonder, Inc.
Lucy Keshavarz, Art & Culture Group, Inc.
Martha Blumel, Envision Graphic Design, Inc.
14
Estimated Timeline
Jaycee Park Interpretive Public Art Markers
Day 1 - 3: Execution of Contract
. Contract is signed by CITY and ARTIST. First payment received by ARTIST (50%
of total contract amount).
. CITY provides ARTIST with Soil & Geotechnical Evaluations of Jaycee Park.
. Contract is signed by ARTIST and INTERPRETIVE CONSULTANT (Wisdom
through Wonder). First payment received by INTERPRETIVE CONSULTANT
after ARTIST receives first payment from CITY (50% of Interpretive Panel
costs)
Day 4 -14:
. ARTIST contracts with primary sub-consultants and sub-contractors:
Structural Engineer
EarthArtists Clay Studio
. INTERPRETIVE CONSULTANT completes panel mount design.
Day 15 - 45:
. Structural Engineer completes review of conceptual documents for Phase I of
Jaycee Park Interpretive Public Art Markers and creates construction drawings
for location #4
. ARTIST completes research and testing for tiles
. ARTIST contracts with secondary sub-contractors:
Rock supplier
Installer
. INTERPRETIVE CONSULTANT completes Conceptual Design layout for CITY
Review
. INTERPRETIVE CONSULTANT completes Draft and Final copy writing
. INTERPRETIVE CONSULTANT completes First Draft of panel design for CITY
review
. Rocks are delivered to site and installed
Day 46 - 60:
. ARTIST begins work on tiles once rocks are installed on site; make template of
rocks and completes detail drawings. Review of drawings by Public Art
Administrator.
. INTERPRETIVE CONSULTANT completes Final Design and digital files for panel
fabrication
Day 60 or at completion of above tasks - Second payment received by ARTIST
(25% of total contract amount plus any City approved contingent items).
Day 60 -150:
. Fabrication of tiles takes place. Includes periodic reviews by Public Art
Administrator.
. Building permit for interpretive Panels / Posts submitted
15
Estimated Timeilrte
Jaycee Park Interpretive Public Art Markers
. INTERPRETIVE CONSULTANT co-ordinates fabrication, delivery and installation
of panel mounts and interpretive panels as art marker component.
. Interpretive Public Art Marker for location #4 is completed
. Interpretive Public Art Marker for location #4 accepted by City of Boynton Beach
Day 150 or at acceptance of location #4 by City of Boynton Beach - Third
payment received by ARTIST (12% of total contract amount plus any City approved
contingent items.)
Day 151 - 175
. Fabrication of tiles for location #5 completed. Final review by Public Art
Administrator.
. Installation of tiles completed
. Provide Maintenance Addendum (includes manufacturer and material details)
. Interpretive Public Art Marker for location #5 is completed
. Interpretive Public Art Marker for location #5 accepted by the City of Boynton
Beach.
Day 175 or at acceptance of location #5 by City of Boynton Beach - Fourth and
final payment received by ARTIST (13% of total contract amount plus any City
approved contingency items).
NOTES:
This timeline is an estimate of how long each task should take based on ARTIST'S
professional experience and the experience of ARTIST'S subcontractors as well as
current circumstances. However, ARTIST cannot accurately account for actual avail-
ability of subcontractors and materials until contract is executed between CITY and
ARTIST. Actual time may vary.
Coquina rocks are coming directly from a quarry in Northeast Florida and the specified
size rocks mayor may not be available at time of order. If the company needs to dig
for specified rock then there will be 2 to 4 weeks added to the timeline.
The timing for fabrication of tiles is based on availability of ARTIST and subcontractor
(EarthArtists Clay Studio) to work a combined time of 30 hours per week within a five
day work week. This estimate does not account for conflicts in scheduling due to over-
all delays, prior commitments, holidays or acts of God. Actual time may vary.
It is the ARTIST'S understanding that the City of Boynton Beach will require a building
permit for the Interpretive Public Art Panels and Posts only. The timeline includes a 30
day turn around time for the building permit. Any additional requirements by the City
for Phase I of the Jaycee Park Interpretive Public Art Markers, may require more time
for project completion and increase costs.
16
EXHIBIT A
Meeting Minutes
Arts Commission
Boynton Beach, Florida October 28, 2008
D. Fire Station #5 Emergency Operations Center (E.O.c.) - Mailed to Board
October 22, 2008
Ms. Coles-Dobay distributed a rendering of the building. TIle proposal was brought
before the Board last year with the thought of creating a historical museum in the main
lobby. The station was being constructed on the corner of Gateway Boulevard and 1-
95.
The main lObby would utilize existing firefighting equipment, including the old REO Fire
Truck. Artistic displays of mosaics would be created at the entry to the lobby, and in
the first and second-floor lobbies. The mosaics would be used in the creation of the
REO fire tracks, as well as the City seal and Fire Rescue logo. Sconces created and
fabricated by the artists would be placed outside the front entryway. A chandelier
would be placed over the REO Fire Truck and in the center of the lobby. The entry
windows would be enhanced with historical images, and the timeline wall would
evidence the evolution of the fire equipment. The museum atmosphere would also
include a ceremonial bell.
The building would be utilized as an Emergency Operations Center (EDC). Once the
facility had opened, the public would be able to tour the lobby to learn of the history
and future of fireftghting and the Emergency Operations Center (EOC). A "911
Remembered" mosaic would be embedded into the second floor lobby. Descriptions
and costs were included in the proposal. The Public Art components of the project
were valued at $38,350, and the proposed artist-created site works were valued at
$40,512, for a total of $78,862.
The Board reviewed the checklist and determined all objectives had been met and
everything was in order. It was noted a call to artists was not necessary for this
project. A grand opening would be held and the Board would be participating. Ms.
Coles-Dobay would inform the Board of the date.
Motion
Ms. Richman moved to accept the Fire Station #5 project. Ms. Wolf seconded the
motion that passed unanimously.
E. Jaycee Park - Mailed to Board October 22, 2008
Ms. Coles-Do bay pointed out the project had been sca'ed down to Phase One as a
result of budgetary constraints. She reviewed elements of the project and costs
associated with the development, production, fabrication and installation of interpretive
Public Art markers.
6
Meeting Minutes
Arts Commission
Boynton Beach, Florida October 28, 2008
The Board reviewed the checklist, and determined all objectives had been met and
everything was in order.
Motion
Ms. Richman moved to approve the project at Jaycee Park. 1'15. Moeller seconded the
matron that passed S~ 1 (Ms. Arflin dissenting).
IX. PUBUC ART OPPORTUNmES
A. Urban Landscape - performance and Visual Art in Urban Landscape by Lucy
Keshavarz
Ms. Keshavarz advised she had been working on a project entitled "Urban landscape"
with local choreographer, Demetrius Dance K1ein, of Lake Worth. Mr. Klein had been
engaged in several outreach grants, taking dance outside the theater, and had
approached Ms. Keshavarz to collaborate in a series of alternative site dances for urban
environments.
The performance art, installation art and live performances were free to the public. The
group had put on five performances last season and anticipated putting on three
performances between January and April. Ms. Keshavarz had worked in Boynton Beach
on the Jaycee Park project and became enamored of the City. She suggested the Old
High School, and particularly, the back of the building, for the location of the
performance. The objective was for the performance to be informal, rather than
theatrical, and each location at which they had performed had been different. Ms.
Keshavarz's team set up and disassembled the equipment for the performances. The
events were educational and enjoyable, and a "talk-back" with the audience occurred
after each performance. Ms. Keshavarz sought the Board's endorsement.
Ms. Coles-Dobay noted Ms. Keshavarz and the group had their own insurance, which
was necessary for the permitting process. The performance would take place in the
parking lot across from City Hall behind the Old High School, cm a Saturday evening.
If the Board had an interest in sponsoring the event, Ms. Keshavarz hoped to have the
performance at the end of January or the beginning of Febmary. They would like to
use vintage photographs from Janet DeVries' collection. The images would be projected
on the back of the Old High School, which would be used as a screen. It was
suggested a tour of Avenue of the Arts be done prior to the performance.
7
VI.-CONSENT AGENDA
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 Meeting Dates in to City Clerk's Office
t8I December 16, 2008 December 1, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
o February 3,2009 January 19,2009 (Noon) o April 7,2009 March 16,2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM jgl Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Approve and authorize the execution of an agreement with Montoya Sculpture and Supply to implement Fire
Station #5 Public Art components as part of the City's commitment to public art in the project. The cost to implement the public art project
is $12,651.00. The Arts Commission approved the Fire Station #5 Public Art project October 28, 2008.
'PLANATION: The Fire Station #5 project, subject to the Public Art ordinance, is creating a "Historical Museum" in the Fire
Station main lobby. The public art components consist of archived fire fighting equipment including the historical REO Fire Truck.
This equipment will be fabricated into functional public art elements such as lighting, window film and a time line wall display.
Mosaic tile patterns will be built into the main floor to enhance the "museum" environment and include the City and Fire Station
logos. The second floor lobby will feature a 911-remembrance mosaic. A live radio feed will be broadcast in the lobby so visitors
can listen to emergency calls, adding to the experience.
PROGRAM IMPACT: The public art components will engage and educate the public on the importance of this new facility
as the City's newest Fire Station and Emergency Operation Center. Tours of the facility will be available to the public and City
programs. This will provide an opportunity for the public to gain knowledge of the purpose and function of this new facility.
FISCAL IMP ACT: The cost to implement the public art is $12,651.00 for the functional public art components. The public art
mosaics cost $27,861.00 and are part of the floor construction costs. The value of the F ire Station's archived equipment including
the REO fire truck is valued at $38,350.00. This totals the public art commitment at $78,862.00 to satisfy the projects $62,300 public
art budget. The fees for this project will come from the funds allocated for Fire Station #5 in account # 305-4118-580-62-01 CIP 645.
ALTERNATIVES: To not approve implementation of the Fire Station #5 public art components.
ATTACHMENTS: Exhibit A - Arts Commission minutes.
w~
~lty anager sIgnature
Assistant to City Manager
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
]
I RESOLl1TION NO. R08-
21
I
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA,
7 APPROVING AN AGREEMENT TO HIRE A PUBLIC
8 ARTIST BETWEEN THE CITY OF BOYNTON BEACH
9 AND MONTOYA SCULPTURE & SUPPLY, FOR THE
JO CREA TION OF A SCULPTURE FOR FIRE STATION
J] #5 IN THE AMOUNT OF $40,512.00; AND PROVIDING
12 AN EFFECTIVE DATE.
13
]4
15 WHEREAS, Fire Station #5 is participating in the Public Art Ordinance 07-002 by
J6 contributing to the creation and implementation of its public art elements: and
J 7 WHEREAS, the City Commission of the City of Boynton Beach. upon
18 recommendation of staff, deems it to be in the best interests of the residents and citizens of
]9 the City of Boynton Beach to approve the Agreement between tht: City of Boynton Beach
20 and Montoya Sculpture & Supply. in the amount of $40.512.00 for the creation of a
2] sculpture for Fire Station #5.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. Each Whereas clause set forth above is true and correct and
25 incorporated herein by this reference.
26 Section 2. The City Commission of the City of Boynton Beach. Florida does
27 hereby approve and authorize the execution of the Agreement between the City of Boynton
2811 Beach and Montoya Sculpture & Supply, in the amount of $40,512.00 for the creation of a
291 sculpture for Fire Station #5. a copy of said Agreement is attached hereto as Exhibit "l\"
30 I Section 3. That this Resolution shall become effective immediately upon
, s \CA \RESO'cJ\greementS\Fire Station # 5 - Pulllle Artist! sculpture I duc
I
I
I,
II
"
j ~
i!
II
1 passage.
2 PASSED AND ADOPTED this _ day of December, 2008.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Woodrow L. Hay
17
18
19 Commissioner - Marlene Ross
20 ATTEST:
21
22
23 Janet M .Prainito, CMC
24 City Clerk
25
26
27 (Corporate Seal)
28
29
S.\CA\RESOlAgreements\Fire Station #5 - Public Artist(sculpture).doc
AGREEMENT
THIS AGREEMENT, dated the _H_ day of _..._~- ' 2008, IS b\ and
between:
CITY OF BOYNTON BEACH, a municipal corporation, organized and operating
pursuant to the laws of the State of Florida, with a business address of 100 East Boynton
Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as "CITY',
and
Montoya Sculpture & Supply, with an address of 502 Palm Street, #21, West Palm
Beach, Florida 33401 hereinafter referred to as "ARTIST." CITY and ARTIST may
hereinafter collectively be referred to as the "Parties."
WITNESSETH:
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and ARTIST agree as follows:
WHEREAS, public art is a work of art, generally created by a public artist exhibiting the
highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in
any medium, material or combination hereof, including but not limited to paintings, sculptures, stained
glass, mosaics, murals, and artists designed functional, architectural" landscaped, and landform
elements as described in the Public Art Ordinance 07-002; and
WHEREAS, CITY desires to obtain professional services from an artist for the creation of Fire
Station #5 public art elements; and
WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to
provide the CITY with the sculpture in a professional and artistic manner; and
WHEREAS, ARTIST has stated an interest in working on the creation of public art elements
for the CITY; and
WHEREAS, the CITY desires to commission the ARTIST to create public art elements; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
herein contained and other good and valuable consideration, the receipt of which is hereby
acknowledged, it is agreed herein between the Parties hereto as follows:
1.1. RECITALS: Each "whereas" clause set forth above is true and correct and herein
incorporated by this reference.
Page 1 of8
ARTICLE 2
SERVICES AND RESPONSmILITIES
2.1. ARTIST hereby agrees to create public art elements described in attached proposal, or other
services which may otherwise be required, as further enumerated in the Scope of Services set forth in
Article 3 herein below.
2.2. The public art elements shall be located at such location within the CITY as designated by the
CITY.
2.3. ARTIST shall furnish all services and labor necessary and as may be required in the performance
of this Agreement.
2.4. ARTIST hereby represents to CITY, with full knowledge that CITY is relying upon these
representations when entering into this Agreement with ARTIST, that ARTIST has the professional
expertise, talent, experience and manpower to perform the services to be provided by ARTIST
pursuant to the terms of this Agreement.
2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including
but not limited to the public art elements, is an original creation and does not infringe upon or violate
any copyrights or other rights of any person, firm or organization.
2.6. The CITY recognizes the ARTIST's rights pursuant to the Federal Visual Artist Rights Act of
1990, known as "V ARA". The CITY will not intentionally distort and/or modify the public art
elements, where the modification or distortion would prejudice the ARTIST's honor or reputation.
2.7. The CITY is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the
public art elements, in any manner the CITY sees fit. The CITY agrees not to sell the public art
elements to a third-party for monetary gain. The CITY may transfer ownership of the sculpture to
another governmental entity or to a not for profit corporation.
2.8. The CITY agrees to give the ARTIST full acknowledgement and credit as the creator of the public
art element, with the placement of a plaque or similar object on and/or near the public art elements.
2.9. The value of the public art elements is established when the price of the art is commissioned.
2.10. The CITY agrees to provide the ARTIST access to CITY property, as a work site to prepare the
public art elements for installation.
2.11. ARTIST may not hire or utilize the services of any sub-contractor, employee or other individual
to assist the ARTIST in performing services under this agreement without the prior written approval of
the CITY.
2.12. ARTIST warranties the final product against all defects in workmanship and materials for a
period of one year.
Page 20f8
ARTICLE 3
SCOPE OF SERVICES
ARTIST shall perform the following services in accordance with this Agreement with CITy as
follows:
3.1. All work performed under this Agreement shall be done in a professional manner.
3.2. The public art elements shall be produced to the CITY's satisfaction and in conformity with the
appropriate moral and ethical standards for the community in which the CITY is located. The quality of
the completed materials is a matter of prime importance and shall meet all applicable industry standards.
The CITY shall have the right to approve and/or reject the public art elements or any portion thereof. The
display, of the public art elements shall be subject to the sole discretion ofthe CITY.
3.3. The ARTIST shall perform and provide services as set forth in the Proposal for the Fire Station #5
Public Art elements dated October 20,2008, a copy of which is attached hereto as Exhibit "A".
3.4. Artist is required to coordinate with construction project management to prepare, install and complete
the public art project. City is not responsible for negotiating, coordinating or managing the public art
project timeline. Public Art Administrator will monitor the project and from time to time document the
public art projects process. Project is estimate to begin November 2008 with a completion date estimation
of June 2009.
ARTICLE 4
TERM AND TERMINATION
4.1. This Agreement shall take effect as of the date of execution as sho\\-1l herein below and shall end
upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof
4.2. All documents, plans, work products, materials, equipment and tools belonging to the CITY will
be furnished to the CITY upon completion and/or termination of the Agreement, whichever occurs
first.
4.3. The CITY's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the
public art elements shall survive the termination of this Agreement.
ARTICLE 5
COMPENSATION
5.1. The CITY shall provide compensation and/or payments to the ARTIST as set forth in the Proposal
for the Fire Station #5 Public Art elements dated October 20, 2008, a copy of which is attached hereto
as Exhibit "A".
Page 3 of8
ARTICLE 6
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
CITY or ARTIST may request changes that would increase, decrease or otherwise modify the
Scope of Services to be provided under this Agreement. Such changes or additional services must be
in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a
written amendment, executed by the Parties hereto, with the same formality and with equal dignity
herewith prior to any deviation from the term or scope of this Agreement, including the initiation of
any additional or extra work. In no event will ARTIST be compensated for any work which has not
been described in a separate written agreement executed by the Parties hereto.
ARTICLE 7
MISCELLANEOUS
7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular
liability insurance shall be maintained during the life of this contract to comply with statutory limits for all
employees, and in the case any work is sublet, the ARTIST shall require the sub-Contractors similarly to
provide Worker's Compensation Insurance for all the latter's employees unless such employees are
covered by the protection afforded by the ARTIST.
A. ARTIST 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 $1,000,000 (all professional contract services).
B. 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.
C. ARTIST shall secure and maintain in force throughout the duration of this contract workers'
compensation insurance to statutory limits.
D. ARTIST 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.
E. Reference Insurance Advisory Form 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.
If ARTIST claims to be exempt from this requirement, ARTIST shall provide CITY proof of
such exemption along with a written request for CITY to exempt A-RTIST, written on
ARTIST's letterhead.
Page 4 of8
7.2. Independent Contractor. This Agreement does not create an employee/employer relatIOnship
between the Parties. It is the intent of the Parties that the ARTIST is an independent contractor under
this Agreement and not the CITY's employee for any purposes. including but not limited to. rhe
application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the
Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance
law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and meam
of carrying out ARTIST's activities and responsibilities hereunder provided, further that administrative
procedures applicable to services rendered under this Agreement shall be those of ARTIST, which
policies of ARTIST shall not conflict with CITY, State, or United States policies. rules or regulations
relating to the use of ARTIST's funds provided for herein. The ARTIST agrees that it is a separate and
independent enterprise from the CITY, that it had full opportunity to find other business. that It has
made its own investment in its business, and that it will utilize a high level of skill necessar:v to
perform the work. This Agreement shall not be construed as creating any joint employment
relationship between the ARTIST and the CITY and the CITY will not be liable for any obligation
incurred by ARTIST, including but not limited to unpaid minimum wages and/or overtime premiums
7.3. Assignments.
7.3.1. This Agreement, or any interest herein, shall not be assigned. transferred or otherwise
encumbered, under any circumstances, by ARTIST without the prior written consent of CITY
However, this Agreement shall run to the CITY and its successors and assigns.
7.3.2. It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith.
7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the ARTIST to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or
firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement
without liability at its discretion, to deduct from the contract price, or otherwise recover the full
amount of such fee, commission, percentage, gift or consideration.
7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written
notice, sent by registered United States mail, with return receipt requested, addressed to the party for
whom it is intended and the remaining party, at the places last specified, and that places for giving of
notice shall remain such until they shall have been changed by written notice in compliance with the
provisions of this section. For the present, the ARTIST and the CITY designate the following as the
respective places for giving of notice:
Page 5 of8
CITY : Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone No. (561) 742-6010
Facsimile No. (561) 742-6011
Copy To: James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
ARTIST:
Telephone No.
7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually
warrants that he or she has the 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 to all provisions contained
in this Agreement.
7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on
any interpretation of this Agreement.
7.8. Severability. If any provision of this Agreement or application thereof to any person or situation
shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall have been
held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect,
and be enforced to the fullest extent permitted by law.
7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue
lying in Palm Beach County, Florida
7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement,
each party shall bear its own attorney's fees and costs.
7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement between
the CITY and the ARTIST and supersedes all prior negotiations, representations or agreements, either
written or oral.
7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not
discriminate against any fIrm, employee or applicant for employment or any other fIrm or individual in
providing services because of sex, age, race, color, religion, ancestry or national origin.
Page 60f8
ARTIST
WITNESSES:
BY:
--_.._----~---------
Print Name:
Title:
STATE OF FLORIDA :
: ss:
COUNTY OF :
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared as of
~.._--- - -~~~---_._--
who is personally known to me or who has produced as
identification, and acknowledged executing the foregoing Agreement as the proper official of
for the use and purposes mentioned therein and that the instrument is the act and deed
of
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this day of _~__~~______' 2008.
(Signature of Notary Public - State of Florida)
(Print, Type or Stamp Commission Name of Notary Public)
Page 8 of 8
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Jeffrey E. Halverson
Artistic History
Owner of Mosaic dMontoya- established in 2004 to explore and promote to use ofItalian
glass and stone mosaics for artistic creations.
Member of Society of American Mosaic i\rtists.
Mosaic Artist in stone tessrae and Italian glass with custom a11istic works in private and
public locations in South Florida.
Mosaic i\rtist in Italian glass and stone mosaics introduced their use on pre-cast concrete
medallions for architectural decoration.
Teacher of mosaic workshops at Montoya Sculpture & Supply since 2002- over 350
students in stone and Italian glass mosaics.
Teacher of Master Mosaic Workshops at Vera Beach Museum of Art since 2U03- over
120 students in stone and Italian glass mosaics.
Owner of Montoya Sculpture & Supply- founded in 1973, owner since 1999, importing
and selling fine Italian stone carving tools, sculpture quality stone and educational
materials for stone carvers and educational institutions.
Stone sculptor since 1993 with small works in private collections.
Stone sculpture restoration and maintenance specialist- called on to make
recommendations for repair and restoration and maintenance of stone and bronze
sculptures and architectural works at plivate residences in South FlOlida.
Teacher of stone sculpture workshops- conducting several 3-5 day workshops a year for
beginners and intermediate stone sculptors.
I
I
502 Palm Street, #21 . West Palm Beach, FL 33401
Phone: 561-832-4401 . Fox: 561-833-2722 . e-mail: info@montoyasculpture,corn
Web site: www.montoyasculpture,com
Jeffrey Halverson
Site Specific Mosaic installations
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III Montoya
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PROJECT INTRODUCTION
I PLl3LIC ART COMPONENTS
i
I BOYNTON BEACH FIRE ST A nON # 5
I Southwest comer ofI-95 and Gateway Blvd.
The following proposal identifies the areas and items that contribute to the Public AJ1 in
the Fire Station #5 project. The Public Art components proposed to be created and
fabricated in Fire Station #5 will engage and educate the public on the importance of this
new facility as the City's newest Fire Station and Emergency Operation Center. The
Public Art will serve to create a "Historical Museum" in the Fire Station's main lobby.
The main lobby will utilize existing fire fighting equipment, historical images and the
Fire Department's signature REO fire truck (circa 1924). The Public iut elements
specified in the proposal will create this museum atmosphere which will include
additional elements such as the ceremonial bell, creatively designed show cases that
feature fire fighting equipment, the artistic specified painted coffered ceiling to feature
the artistically created fire equipment chandelier, and mosaic imprinted REO tire tracks
that will lead into the artistically created tiled floor on which the REO will be
prominently displayed. The lobby entry will feature a pair of unique operating sconces
made from surplus fire equipment. Even an audio system will pipe live emergency calls
into the lobby and the artistically displayed time line wall will all contribute to the
historical lobby museum.
The sights and sounds of the City' s rich fire tlghting history, displayed in artistic fashion
through site specific artistic mosaics, the assemblage of fire equipment in the custom time
line wall, the sconces and the fire equipment chandelier will create an educational and
a11istic presentation upon enteling the building. Once the facility is opened. the public
can tour the lobby to learn about the history and the future of Fire Fighting and this
Emergency Operational Center.
The value of the Public Art Components for Fire Station #5 is comprised of the estimated
value of the donated and displayed Fire Department items, valued at $38,350. and the
proposed Artist created site specific works valued at $40,512. The total value for the
Public A..rt Components is $78,862.
'"
502 Palm Street, #21 · West Palm Beach, FL 33401
Phone: 561-832-4401 . Fox: 561-833-2722 . e-mail: info@montovasculptur8.('!)rr,
Web site: www.montovasculpture,com
Antique Appliances and Fire Museum Items
2007
Station #5 Lobbv Displav
Item Value
Brass Hose Couplings (All sizes) $250.00
Brass Distributor Nozzle $750.00
Firefighter Helmets (antique) $1500.00
Brass Hose Jacket $750.00
Original Fire Station Log Books (1 from each decade) $4500.00
Various Commendation Insignias $500.00
Badges and Officer Insignias $750.00
Pike Poles (Wood & Steel) $500.00
Halligan Tool (Black Steel) $350.00
Leather Ladder Belt and Manila Rope $500.00
Canister Type Breathing Air Mask $2000.00
Demand Type SCBA Regulator $1000.00
Historic Department Pictures $2500.00
Brass Alarm Bell (Pedestal Mounted) $2500.00
Brass Nozzles and Play Pipes $3500.00
Miscellaneous Antique Appliances & Tools $1500.00
1924 REO Speedwagon Fire Engine w/Equipment $15,000.00
$38,350.00
Montoya
Ms. Debby Coles-Dobay :,c JlpT:.JfE & SUDC,lv
Public Art Administrator \'illu I C)""" ,
I
I City of Boynton Beach
I
100 E. Boynton Beach Blvd.
I Boymon Beach. FL 33425
,
June 24. 2008
I
I Subject: Fire Station #5
Public Art Project
Proposal for Services
Dear Ms Coles-Dobay,
Below please find a summary of the public art projects we have discussed for the new Fire
Station #5, along with the associated construction time and costs:
Proposal #1, Fire Equipment Entry Sconces, (three months) $ 2,011
Proposal #2, Main Lobby Window Images, (six weeks) $ 1.540.
Proposal #3, Lobby Chandelier and Coffered Ceiling, (three months) $ 3,985
Proposal #4. Floor Mosaics, (four months) (costs included in other contract)
Proposal #5. Time Line Wall, (three months) $ 5.115
Total of proposals 1,2,3. & 5........$12,651
Terms:
25% upon approval of drawings or concept. .. $3.162.75
25% progress payment ...$3,162.75
25% progress payment.. .$3.162.75
25% after installation...$3.l62.75
Attached please find the detailed scope of work and costs associated with each of the
proposals.
We look forward to working with you and Fire Rescue Staff as we begin these art projects
for Fire Station #5.
Yours truly, /
~I ~
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..~ . ey)E. Halverson
/ / ,
'_-/Pl-P.C~ .-1P.1.1"-
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I 502 Palm Street, #21 . West Palm Beach, FL 33401
Phone: 561-832-4401 . Fax: 561-833-2722 . e-mail: info@montoyasculpture.com
Web site: www.montoyasculpture.com
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I Fire Equipment Entry Sconces
I Bovnton Beach Fire Rescue Station #5
I
I Proposal #1
June 3. 2008
I Concept: Create unique entry sconces from antique fire equipment.
i
Site Conditions: The site is under construction. The sconces are anticipated to flank the
main lobby entry. During final lighting installation the Al1ist will coordinate with the
Prime Contractors Electrical Sub-contractor to arrange installation prior to final electlical
inspection.
Scope of Work: Design and construct two custom sconces from available surplus fire
equipment. Fire equipment shall be made available from Boynton Beach Fire Rescue
stock. Artist shall coordinate with Fire Rescue staff and the Arts Administrator in the
design concepts and final design. .Mist shall prepare hardware, electrical for 40- watt
bulbs, and globes as well as custom designed mounting hardware capable of supporting
the anticipated load of the sconce. During the design the option exists for the use of low
wattage flickering bulbs that will create a burning flame appearance. Consultant shall
coordinate with Architect and Prime Contractor to insure proper wall supports are
incorporated into the design at the proper height, as well as coordinate with the electrical
contractor to insure electrical and switching is supplied to the location. Costs associate
with additional electric or switches associated with the building to be paid by the City to
the Prime Contractor. Two sconces and three globes (one globe in reserve) will be
provided and installed. Entire process is anticipated to take three months including
preliminary design, [mal design, manufacture. coordinating and installation.
Fee: The fee for this work is $ 2,01l.
...
502 Palm Street, #21 . West Palm Beach, FL 33401
Phone: 561-832-4401 . Fox: 561-833-2722 . e-mail: info@montoyasculpture,com
Web site: www,montovascuipture.com
Montoya
Sculpture & Supply
Sjnc~ 1973
Fire Equipment Entry Sconces
Boynton Beach Fire Rescue Station #5
Proposal #1
Item Description Material Hours Rate Total
1 Design mtgs at B.B. 3.0 65.00 195.00
2 Coord with Arch & Prime Contractor 1.0 65.00 65.00
3 Dilling/wiring/assembly 9.0 65.00 585.00
4 Delivery & Installation 4.0 65.00 260.00
10 fire equipment supplied by BBFR 0.00 0.00
11 set screws 4.00 4.00
12 wire, sockets, bulbs 17.00 17.00
13 globes, flame shapped, glass, 3 525.00 525.00
14 mounting hardware, custom, 2 360.00 360.00
Lump Sum Fee I 2011.001
II
502 Palm Street. #21 · West Palm Beach, FL 33401
Phone: 561-832-4401 · Fax: 561-833-2722 · e-mail: info@montoyasculpture.com
Web site: www.montoyasculpture.com
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Main Lobby Window Images
Boynton Beach Fire Rescue Station #5
Proposal #2
June 3, 2008
Concept: Enhance a portion of the entry windows with historical images that help set the
stage for some of the important historical elements to be housed in the main lobby.
Site Conditions: The site is under construction. Window fInishes will be installed as
interior work comes to a finish and prior to Grand Opening.
Scope of Work: Monochrome film images of Fire Rescue related actions, events and
persOlmel will be applied to the interior top portion of the four front lobby windows and
on two top windows over the main entry doors. Locations are shown on the construction
plans sheet A-401A, First Floor Lobby. While exact field installed measurements remain
to be taken the approximate size of each image will be 2 'x4'. The Artist will coordinate
with Boynton Beach Fire Rescue Staff and the Arts Administrator in the selection of
appropriate and desired images to be used. Six images will be selected for imaging onto
the monochrome film. Field preparation and application is included. Artist will
coordinate with Arts Administrator during the selection process, the black and \\bite
values, during delivery and prior to final application. The work will require six \veeks
including two days on site. Window finishes will be installed as interior work comes to 3.
finish and prior to Grand Opening.
Fee: The fee for this work is $ 1.540.
...
502 Palm Street, #21 . West Palm Beach, FL 33401
Phone: 561-832-4401 · Fax: 561-833-2722 . e-mail: info@montoyasculpture.com
Web site: www.montoyasculpture.com
Montoya
II Sculpture & Supply
Sine, 1973
Main Lobby Window Images
Boynton Beach Fire Rescue Station #5
Proposal #2
Item Description Material Hours Rate Total
1 Design mtgs at B.B. 3.0 65.00 195.00
2 Coord with Arch & Prime Contractor 1.0 65.00 65.00
3 Delivery & Installation 4.0 65.00 260.00
10 Images for review and election BBFR 0.00 0.00
11 Image enlarging and digitization 70.00 70.00
12 Image placement on film 950.00 950.00
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Lump Sum Fee I 1540.001
III
502 Palm Street, #21 · West Palm Beach, FL 33401
Phone: 561-832-4401 · Fax: 561-833-2722 · e-mail: info@montoyasculpture.com
Web site: www.montoyasculpture.com
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502 P ;\LM STREET #21
WEST pALM BEACH. FL 33401
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Sculpture & Supply
Since 1973
Lobby Chandelier and Coffered Ceiling
Boynton Beach Fire Rescue Station #5
Proposal #3
June 3, 2008
Concept: Create unique historical looking lighting fixture for placement over the REO
historical fire truck complimented by the coffered ceiling.
Site Conditions: The site is under construction. During construction and wiring of the
main lobby coordination will be made with the Prime Contractor to insure proper
supports and wiring is made available for the anticipated loads and electrical
requirements. Chandelier installation shall occur during the final phasing of the
construction, and will be closely coordinated with the Prime Contractor to insure
installation in advance of the final electrical inspection.
Scope of Work: Design and construct a single custom chandelier for the main lobby
from available in stock fire equipment provided by staff. The main light elements shall
be standard but selected to integrate into the proposed fixture. Area lighting as well as
spotlighting will be integrated into the design. Custom framing and supports are
anticipated. Artist shall coordinate with Fire Department staff and the Arts Administrator
in the preliminary concepts and final design. It is anticipated that the coffered ceiling
surrounding the chandelier will be painted to help frame the fixture and compliment the
REO truck. A chandelier with elements of red, gray, black, silver and possibly gold
could be accented by red ceiling tiles with a gold or black ceiling grid. It is anticipated
that tbe proposed ceiling grid pattern and material would remain but coloring would be
used to accent the chandelier. Entire process is anticipated to take three months including
preliminary design, final design, manufacture, coordinating and installation. Field work
and 'installation will be coordinated with the Prime Contractor.
Fee: The fee for this work is $ 3,985.
II
502 Palm Street, #21 · West Palm Beach, FL 33401
Phone: 561-832-4401 · Fax: 561-833-2722 . e-mail: info@montoyasculpture.com
Web site: www.montoyasculpture.com
III Montoya
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Lobby Chandelier and Coffered Ceiling
Boynton Beach Fire Rescue Station #5
Proposal #3
I Item Description Material Hours Rate Total
1 Design mtgs at B.B. 3.0 65.00 195.00
2 Coord with Arch & Prime Contractor 1.0 65.00 65.00
3 Drilling/wiring/assembly 13.0 65.00 845.00
4 Delivery & Installation 3.0 6500 19500
10 fire equipment supplied by BBFR 0.00 0.00
11 lighting frame, custom cut, weld, paint 715.00 715.00
12 main light fixture, 2 750.00 750.00
13 spotlights, up to 8 780.00 780.00
14 screws, wire, nuts/bolts 30.00 30.00
15 mounting hardware, custom, 2 160.00 160.00
16 coffered ceiling painting and detailing 250.00 250.00
Lump Sum Fee I 3985.001
I
I
502 Palm Street, #21 . West Palm Beach, FL 33401
Phone: 561-832-4401 · Fax: 561-833-2722 · e-mail: info@montoyasculpture.com
Web site: www.montoyasculpture.com
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Floor Mosaics at Entry, First and Second Floor Lobbies
Boynton Beach Fire Rescue Station #5
Proposal #4
June 1 0, 2008
Concept: Create artistic displays of mosaics at the entry to the lobby, in the fIrst floor
lobby and on tbe second floor lobby.
Site Conditions: The site is under construction. DUling construction tbe ~Artist will
coordinate with the Architect and Prime Contractor.
Scope of Work: The proposed mosaics sball comprise a total of 147 square feet of
mosaics. A total of 98 square feet shall be used in the creation of the REO tire tracks
leading from the parking lot, up the entry and into the lobby, as well as in the creation of
two mosaic logos of the Boynton Beach City seal and the Fire Rescue Department
logo/patch. The first seal and logo mosaics will be created with the use of the f()ur t~lles
and finishes of tile specified for use on the first floor, as well as a black/charcoal tile to
symbolize tire tracks. The second floor will use a 49 square foot area allocated in the
center of the room for the "911 Remembered" mosaic. Fine detailing and colors \vill
reflect the nigbt sky, the city skyline and tbe ligbt rays symbolizing the lost tower
buildings. .Artist shall coordinate with Fire Rescue staff and the Arts Administrator in tbe
design concept and final design. The display will include labels identifying tbe name of
the equipment its use and year. .Artist shall coordinate with Architect and Prime
Contractor to insure proper installation and timing. The process is anticipated to take
four months including preliminary design, final design. coordinating and installation.
Fee: The fee for this work is $27,861.
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...
502 Palm Street, #21 . West Palm Beach, FL 33401
Phone: 561-832-4401 · Fax: 561-833-2722 . e-mail: info@montoyasculpture.com
Web site: www.montoyasculpture.com
Montoya
Sculpture & Supply
Since 1973
Floor Mosaics
Boynton Beach Fire Rescue Station #5
Proposal #4
Item Description Material Hours Rate Total
1 Design mtgs at B. B. 5.0 65.00 325.00
2 Coord with Arch & Prime Contractor 4.0 65.00 260.00
3 Specify tile order with Prime Contractor 3.0 65.00 195.00
4 cutting of tiles into mosaic tessera 137.0 20.00 2740.00
5 assembly 147 sf 326.0 65.00 21190.00
6 Delivery & Installation 24.0 65.00 1560.00
10 Floor tiles to match proposed floor by contractor 0.00 0.00
11 Floor pattern wood insert keeper 200.00 200.00
12 Pattern making 1281.00 1281.00
13 Thinset, glues and grout 110.00 110.00
Price for three mosaics at 49 sf each
Lump Sum Fee I 27861.001
III
502 Palm Street, #21 · West Palm Beach, FL 33401
Phone: 561-832-4401 · Fax: 561-833-2722 · e-mail: info@montoyasculpture.com
Web site: www.montoyasculpture.com
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Sculpture & Supply
Sinc~ 1973
Time Line Wall
Boynton Beach Fire Rescue Station #5
Proposal #5
June 10,2008
Concept: Create a strengthened wall in the main lobby capable of supporting fire related
equipment in a time line fashion showing the progression and evolution of fire related
equipment.
Site Conditions: The site is under construction. During construction the i\rtist will
coordinate with the Architect and Prime Contractor arrange wall support installation in a
timely manner.
Scope of Work: The proposed wall in the lobby is the largest available and is already
specified to have a painted wallboard sheeting. The wallboard will be strengthened with
the installation of 3;4" plywood behind the wallboard. This will allow for the attachment
and display of the fire related equipment, which can weigh up to 45lb per unit. The
equipment to be displayed will come from existing Boynton Beach Fire Rescue stock. It
is anticipated that the display will include as many elements as possible as detennined by
Fire Rescue Staff. All desired elements may not be readily available but space will be
allowed in the plan and layout. Artist shall coordinate with Fire Rescue staff and the Arts
Administrator in the design concept and final design. The display will include labels
identifying the name of the equipment, its use and year. Artist shall coordinate with
Architect and Prime Contractor to insure proper wall supports are incorporated into the
wall. The process is anticipated to take three months including preliminary design, final
design, coordinating and installation.
Fee: The fee for this work is $ 5,115.
III
502 Palm Street, #21 . West Palm Beach, FL 33401
Phone: 561-832-4401 · Fax: 561-833-2722 · e-mail: info@montoyasculpture,com
Web site: www.montoyasculpture,com
II Montoya
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Time Line Wall
Boynton Beach Fire Rescue Station #5
Proposal #5
Item Description Material Hours Rate Total
1 Design mtgs at B. B. 4.0 65.00 260.00
2 Coord with Arch & Prime Contractor 4.0 65.00 260.00
3 Specify wall requirements 3.0 65.00 195.00
4 label and prepare elements for installation 25.0 65.00 162500
5 Delivery & Installation 10.0 65.00 650.00
10 Materials 3/4" plywood under already specd wall board 350.00 350 00
11 fire equipment provided by BBFR 0.00 000
12 masterplan wall pattern 525 525.00
13 labels with history/use 50 units 1250 1250.00
Lump Sum Fee I 5115.001
III
502 Palm Street, #21 · West Palm Beach, FL 33401
Phone: 561-832-4401 . Fax: 561-833-2722 . e-mail: info@montoyasculpture.com
Web site: www.montovasculpture.com
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PUBLIC l\RT COMPONENTS
BO\'NTON BEACH FIRE STATION #5
MAINTNEANCE RECOMMENDATIONS
1. Fire Equipment Entrv Sconces - Once a year cleaning and polishing with 3.
quality wax will help protect tbe shine oftbe metal and prevent the buildup of
grime and sea salt.
') Main Lobbv Window Images - Once a year cleaning with mild window cleaner
will maintain the clarity of the images and allow light transmission.
~ Lobby Chandelier and Coffered Ceiling - Change the light bulbs as needed. Dust
.J.
top of chandelier.
4. Floor Mosaics at Entrv. First and Second Floor Lobbies - All mosaics \vill be
sealed to minimize moisture intmsion. A...nnual application to maintain tbe sealer
is recommended to minimize moisture intmsion. Exterior mosaics may need TO
be re-grouted after 10 years the same as can be expected witb exterior stone 01'
ceramic tile. Interior mosaics will require re-grouting and grout cleaning \vhen
the surrounding floor is treated in approximately 10 to 13 years.
5. Time Line Wall- Minimize touching of wall and equipment to prevent tbe build
up of oils from fingers. Dust displayed items as needed to prevent dust build-up.
Items will be secured with "alIen" screws allowing for removal of displayed
items. but only with the proper tool.
502 Palm Street. #21 . West Palm Beach, FL 33401
Phone: 561-832-4401 . Fax: 561-833-2722 . e-mail: info@montoyasculpturecom
Web site: www.montoyosculpture.com
FIRE STATION #5
2008-2009
I .
10 16 I Task Name Start Finish
..........1 ......r--.......-.'.-..- ....-.-................---..--.-. ..........-....-.....- ............. ... - ...--. i
'-2--1 ! SCONCE ENTRY LIGHTS 61 days Mon 12/8/081 Mon 3/2/09 : ~ ,,! ! ! ! ! ! ! ! ! ! ! 1.1: I
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3 fiB pick up materalls 5 days Man 12/8/08! Fn 12/12/08 : : : (~~ : : : : : : : : : : : : : i
......_.~f.._.-l . ,,,em bel .,df,bOeale 38 d,>" Moo 12/15108 [ Wed 2/4109 ... L ). ~ []J::::m::::m:::i'::H::':::::m:'i:mm:::;::i:mi:')}:::'d : ..: +:::i!, _ . : . _[
_-.::~:~-: rnB install 1 day Mon 3/2/09 ; Man 3/2/09 : : : : : : ~ : : : : : : : : lli : I
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: 1'1 WINDOW GRAPHICS 62d'>" Mo" 1218108 i T". 31310. - - ',: -~.. j' - -: ': - - :-- :. '; ...; --: . . : - - c.; - :~', - _Ii
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--g-1 [[B select pictures from stock 5 days Man 12/8/08! Fri 12/12/08 ... ..:.. :... ~ w: -.. - -:' .~:..... ~....:..-. ...:.. - ..:....... ~.... ~.... r." .:. -... ~.... ~... -'j
10',1 ffi8 reproduce 7 days Fri 12/26/08 i Man 1/5/09 : : : : : J~~~{t~1 : : : : : : : : : !
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11 IIiB install 2 days Man 3/2/091 Tue3/3/09 ""-':" ..:....-;......:.....:....-:.....;.....:......;....:.....;....;..-...:......:....tj..;.....
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14 CHANDELIER 63 days Mon 12/8/08 i Wed 3/4/09 : : ....' , , , . , , , , , , ,...,: I
15 liB pick up materalls 5 days Man 12/8/08: Fri 12/12/08 .... .:.. ..:.... :~. ..:.... .:......:...... ~.... ..:... ..:.....:.... ~ .... .:... ..:.....-;....:....1
_~___. "",mOl..", Ieb,leale 45 d'>" Moo 121151081 Fn 2/13109. _ .~_ _: _.: _ .. ; .::::::::::::::::':'m'::::mm::::?:::::::m::m::H:m:::':'::::::::H:mJ;-~; !
17 1mB install 3 days Mon3/2/09i Wed 3/4/09 : : : : : : : : : : : :' .:.....:.....:tf:.....-I
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_.:~ TIME L1.NE ~ALL 65 days Mon 12/8/081 Frl 3/6/09 I. .....:.. . .:... .-\- .-:- -. _ -:-... .:..... ~._..;.... ...:..... .:- _...~... _: _ -.. '.... .:.....:.. ).....1
21 1m ""ew..~FD,taff 5d,,, Mon12181081 F'12112/08 : : :~: : : : : :: :::
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22 I . select material to include 1 day Mon 12/15/081 Man 12/15/08 : : : : : : : : : :: :::
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23 -I . i create titieing 28 days Tue 12/16/08 !.' Thu 1/22/09.1.... .~,. 'C"';'" .~. m;'::'m;:;:;:;:";:;:;:'::';';::';';';:;,;C:::i;~ ....:... '.., ,.., .:........ ..:... .11
24 i perfect mounting methods 10 days Fri 1/23/09 ! Thu 2/5/09 : : : : : : : : : :~;~/<;j;~;H ~ ~ :
25-1 ffi3: install 5 days Man 3/2/09! Fri 3/6/09 ... ..:.. .-:...... ;"-~''''':'' ..:....;.. ':"-' ............-.......:....... .... .... .:..... .t:m~. ....Ii
.. .. ." " , :: ;;;:;;;: I
1..................1 .
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Task ;:;;;;::;:;:::::;;;;;;:;:;:;:;:;:;:;: Milestone External Tasks E[IIIIIIP
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Date: Wed 11/26/08 Pl. . . . . I I . . . I . . . . . . . ,ummary ..... ..... External Milestone V
Progress Project Summary'" ---- .. Deadline [>
Page
EXHIBIT A
Meeting Minutes
Arts Commission -
Boynton Beach, Florida October 28, 2008
D. Fire Station #5 Emergency Operations Center (E.O.C.) - Mailed to Board
October 22, 2008
Ms. Coles-Dobay distributed a rendering of the building. The proposal was brought
before the Board last year with the thought of creating a historical museum in the main
lobby. The station was being constructed on the comer of Gateway Boulevard and 1-
95.
The main lobby would utilize existing firefighting equipment, including the old REO Fire
Truck. Artistic displays of mosaics would be created at the entry to the lobby, and in
the first and second-floor lobbies. The mosaics would be used in the creation of the
REO fire tracks, as well as the City seal and Fire Rescue logo. Sconces created and
fabricated by the artists would be placed outside the front entryway. A chandelier
would be placed over the REO Fire Truck and in the center of the lobby. The entry
windows would be enhanced with historical images, and the timeline wall would
evidence the evolution of the fire equipment. The museum atmosphere would also
include a ceremonial bell.
The building would be utilized as an Emergency Operations Center (EOC). Once the
facility had opened, the public would be able to tour the lobby to learn of the history
and future of firefighting and the Emergency Operations Center (EOC). A "911
Remembered" mosaic would be embedded into the second floor lobby. Descriptions
and costs were included in the proposal. The Public Art components of the project
were valued at $38,350, and the proposed artist-created site works were valued at
$40,512, for a total of $78,862.
The Board reviewed the checklist and determined all objectives had been met and
everything was in order. It was noted a call to artists was not necessary for this
project. A grand opening would be held and the Board would be participating. Ms.
Coles-Dobay would inform the Board of the date.
Motion
Ms. Richman moved to accept the Fire Station #5 project. Ms. Wolf seconded the
motion that passed unanimously.
E. Jaycee Park - Mailed to Board October 22, 2008
Ms. Coies-Dobay pointed out the project had been scaled down to Phase One as a
result of budgetary constraints. She reviewed elements of the project and costs
associated with the development, production, fabrication and installation of interpretive
Public Art markers.
6
Meeting Minutes
Arts Commission
Boynton Beach, Florida October 28, 2008
The Board reviewed the checklist, and determined all objectives had been met and
everything was in order.
Motion
Ms. Richman moved to approve the project at Jaycee Park. Ms. Moeller seconded the
motion that passed 5-1 (Ms. Arflin dissenting).
IX. PUBUC ART OPPORTUNmeS
A. Urban Landscape - performance and Visual Art in Urban Landscape by lucy
Keshavarz
Ms. Keshavarz advised she had been working on a project entitled "Urban Landscape"
with local choreographer, Demetrius Dance Klein, of Lake Worth. Mr. Klein had been
engaged in several outreach grants, taking dance outside the theater, and had
approached Ms. Keshavarz to collaborate in a series of alternative site dances for urban
environments.
The performance art, installation art and live performances were free to the public. The
group had put on five performances last season and anticipated putting on three
performances between January and April. Ms. Keshavarz had worked in Boynton Beach
on the Jaycee Park project and became enamored of the City. She suggested the Old
High School, and particularly, the back of the building, for the iocation of the
performance. The objective was for the performance to be informal, rather than
theatrical, and each location at which they had performed had been different. Ms.
Keshavarz's team set up and disassembled the equipment for the performances. The
events were educational and enjoyable, and a "talk-back" with the audience occurred
after each performance. Ms. Keshavarz sought the Board's endorsement.
Ms. Coles-Dobay noted Ms. Keshavarz and the group had their own insurance, which
was necessary for the permitting process. The performance would take place in the
parking lot across from City Hall behind the Old High School, on a Saturday evening.
If the Board had an interest in sponsoring the event, Ms. Keshavarz hoped to have the
performance at the end of January or the beginning of February. They would like to
use vintage photographs from Janet DeVries' collection. The images v'/ould be projected
on the back of the Old High School, which would be used as a screen. It was
suggested a tour of Avenue of the Arts be done prior to the performance.
7
VI.-CONSENT AGENDA
. ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meetinq Turned in to City Clerk's Commission Meetinq Turned in to City Clerk's
Dates Office Dates Office
IZI Decernber 16, 2008 December 1, 2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
c;.;,
o January 6, 2009 o March 3, 2009 Q S1!":"
Decernber 15,2008 (Noon) February 17, 2009 (NoOOl -.(..C;<
0 -<'"
o January 20, 2009 o March 17. 2009 ,." n~
January 5, 2009 (Noon) March 2, 2009 (NoonF'>
J r-W
~O
o February 3, 2009 o April 7, 2009 - ;:.;w-<
January 19,2009 (Noon) March 16,2009 (Noon) ~z
-0 c..n-<
::z C
.z::-
..
0 Announcements/Presentations 0 City Manager's Reporo ::I,
0 Administrative 0 New Business '-8
NATURE OF ":r;:
AGENDA ITEM [RJ Consent Agenda 0 Legal
0 Code Compliance & Legal 0
Settlements Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Staff recommends the adoption of Resolution No. R08-_ authorizing the
acceptance of the report from the Affordable Housing Advisory Committee.
EXPLANATION: In accordance with FS420.6015, the City Commission on June 17, 2008 reinstated the
Affordable Housing Committee. This committee, consisting of lenders, builders and developers, real
estate professionals, advocates for low income persons and community groups, was appointed to
review established policies, procedures, ordinances, land development regulations, along with the
City's comprehensive plan, and the existing Local Housing Assistance Plan for the purpose of
recommending specific actions or initiatives to encourage and facilitate affordable housing as required
by FS 420.9076.
PROGRAM IMPACT: The Affordable Housing Advisory Committee has convened on three occasions, and
has reviewed all information made available to accomplish its mission. At this time, the committee is in
agreement that existing incentives are sufficient, and have not recommended any changes in current
policies.
FISCAL IMP ACT: Acton is required to Ea:\sure that the City continues receiving state Housing Initiatives
Partnership (SHIP) Program funding.
ALTERNATIVES: N/ A /
&
Departm anager's Signature
A
Assistant to City Manager ~
Department of Development ,~
Community Improvement Division
Department Name City Attorney / Finance
S:\Cornrnunity Improvement\Agenda Requests\2008\CC 12-16 Affordable Hsg.doc
1 : RESOLUTION NO. R 08-
, 1
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~
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\ A RESOLUTION OF THE CITY COMMISSION OF
4 I
5 I THE CITY OF BOYNTON BEACH, FLORIDA
6 I ACCEPTING THE REPORT OF THE AFFORDABLE
7 i HOUSING ADVISORY COMMITTEE; AND
8 I PROVIDING AN EFFECTIVE DATE.
J~ I
] ] WHEREAS, on June 17. 2008 the City Commission reinstated the Affordable
]2 Housing Advisory Committee to review established policies. procedures. ordinances. land
i
]3 development regulations along with the City's Comprehensive Plan and the existing Local
]4 Housing Assistance Plan for the purpose of recommending specific actions or initiatives to
f
] 5 encourage and facilitate affordable housing as required by F.S. 420.9076: and
]6 WHEREAS, the Affordable Housing Advisory Committee has meet on three
]7 occasions and has reviewed all information made available to it: and
18 WHEREAS. the Committee is in agreement that the existing incentives are
19 sufficient and is not recommending any changes in current policies: and
20 WHEREAS, the City Commission deems it to be in the best interests of the citizens
21 and residents of the City of Boynton Beach to accept the report from the Affordable Housing
22 Advisory Committee.
I
7~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
_J
!
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
I
25 I Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
I 26 ,I ratified and confirmed by the City Commission.
2711 Section 2. The City Commission of the City of Boynton Beach. Florida hereby
2811 accepts the recommendation of the Affordable Housing Advisory Comminee,
II
Ii
I f S Ie A IRESOIAftordable Housing Advisof\ CommiU~el a~ccpl report l.doc
II
I' - i -
i
I
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I
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1 Section 3. That this Resolution will become effective immediately upon passage.
2
3 PASSED AND ADOPTED this _ day of December, 2008.
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8 Mayor - Jerry Taylor
9
10
11 Vice Mayor - Jose Rodriguez
12
13
14 Commissioner - Ronald Weiland
15
16
17 Commissioner - Woodrow L. Hay
18
19
20 ATTEST: Commissioner - Marlene Ross
21
22
23
24 Janet M. Prainito, CMC
25 City Clerk
26
27
28
29 (Corporate Seal)
30
S'\CA\RESO\Affordable Housing Advisory Committee(accept report).doc
- 2 -
CITY OF BOYNTON BEACH
AFFORDABLE HOUSING ADVISORY COMMITTEE
2008 INCENTIVE REVIEW AND RECOMMENDATION REPORT
I. Background Information
II. Public Hearing
III. Incentives & Recommendations
IV. Additional Recommendations
V. Commission Consideration
VI. Attachments:
AHAC Membership Adopting Resolution
Resolution to Adopt Incentives or Board Action
I. Backqround Information
The City Of Boynton Beach Affordable Housing Advisory
Committee(AHAC) consists of eleven members with the following
qualifications: a citizen actively engaged in residential home building, a
citizen actively engaged in banking/mortgage industry, a citizen that is
representative of those areas of labor actively engaged in affordable
home building, a citizen actively engaged as advocate for low-income
persons, a citizen actively engaged as a for-profit provider of affordable
housing, a citizen actively engaged as a not-for-profit provider of
affordable housing, a citizen actively engaged as a real estate
professional, a citizen actively serving on the local planning agency, a
City Commissioner, who is also a previous member of the local planning
and development board, a citizen who represents employers within the
City Of Boynton Beach, and a citizen who represents essential services
personnel.
The AHAC Committee met three (3) times. At its first meeting on October
2, 2008, the committee was given introductory information session with
backup information that would be helpful with the task before them. This
information included land development regulations, the city's
comprehensive plan, and the current Local Housing Assistance Plan
(LHAP). The second meeting was held November 10, 2008, when the
Committee discussed in detail all of the incentives of the current LHAP
and made comments as to whether or not any changes or additions were
required. The third meeting which was advertised to the public was held
December 8, 2008, where a guest Lydia Beltran from Florida Housing was
present and presented information requested by the committee
concerning Land Trusts.
II. Public Hearing
The public hearing was held on December 8th, 2008, at 6:30 p.m., and the
following members of the public spoke:
There were no public speakers
This is a synopsis of what they said:
N/A
Iii. Incentives and Recommendations
. The Expedited process of permits for Affordable Housing
Projects.
. The modification of impact fee requirements including
reduction of waiver of fees and other methods of fee
payment for affordable housing.
. The allowance of increased density levels for affordable
housing. (Comprehensive Plan, Housing Element, Policy 6.1.3)
. The reservation of infrastructure capacity for housing for very-
low income and low-income persons.
. The allowance of affordable accessory residential units in
residential districts.
. The reduction of parking and setback requirements for
affordable housing.
. The allowance of zero lot-line configurations for affordable
housing.
. The modification of street requirements for affordable
housing.
. The establishment of a process, which the City of Boynton
Beach considers, before the adoption of any new legislation
that may increase the cost of housing.
. The preparation of printed inventory of locally owned public
lands suitable for affordable housing.
IV. Additional Recommendations
N/A
V. Commission Consideration
[T 0 be determined]
VI. Attachments
AHAC Membership Adopting Resolution
Public Hearing Advertisement
Resolution to Adopt Incentives or Board Action
I RESOL UTION NO. R 08 - 070
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
6 THE REINST ATEMENT OF THE AFFORDABLE
7 HOUSING ADVISORY COMMITTEE PER FLORIDA
8 STATUTES; APPOINTING MEMBERS; DEFINING
9 TERMS OF MEMBERS OF THE COMMITTEE;
]0 PROVIDING THAT AFFORDABLE HOUSING IS TO BE
J 1 ! DEFINED IN ACCORDANCE WITH THE ADOPTED
12 LOCAL COMPREHENSIVE PLAN; PROVIDING THAT
13 THE COMMITTEE SHALL ACT IN ACCORDANCE WITH
14 SECTION 420.9076, FLORIDA STATUTES AND SHALL
15 REVIEW ESTABLISHED POLICIES AND PROCEDURES,
16 ORDINANCES, LAND DEVELOPMENT REGULATIONS,
J7 AND THE COMPREHENSIVE PLAN, AND SHALL
\8 RECOMMEND SPECIFICINITIA TIVES TO ENCOURAGE
]9 OR F ACILIT A TE AFFORDABLE HOUSING WHILE
20 PROTECTING THE ABILITIY OF PROPERTY TO !
2J APPRECIATE IN VALVE; AND PROVIDING AN
22 EFFECTIVE DATE.
23
24
25
26 WHEREAS, the State Housing lnitiative Partnership Act ("Act") provides for the
27 establishment of local housing assistance programs; and
28 WHEREAS, pursuant to the Act, the City Commission of the City of Boynton Beach,
29 Florida ("City") has established a local housing assistance program ("Program") and formed an
30 affordable housing advisory committee through the enactment of Ordinance 97-11, and any
3 I amendments thereto; and
32 WHEREAS, pursuant to Section 420.9076, Florida Statutes, the City is required to
33 appoint an affordable housing advisory committee to perform the functions and duties outlined in
34 said section;
35 WHEREAS, Section 420.9076, Florida Statutes and Ordinance 97-11 sets forth the
36 functions and duties of the affordable housing advisory committee; and
S:ICAIRESOlAffordable Housing Advisory CommIttee doc
- I -
I
\\THEREAS. the Cil:' Commission deems it 10 De m th~ res' mterest.' tn:~.nl/.en~ an
- residents of the City or Boynton Beach to appoint members to the affordable housint: adnso'
- committee.
4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
.:; CITY OF BOYNTON BEACH, FLORIDA, THAT:
6 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereb\
7 ratified and confirmed by the City Commi ssion.
8 Section 2. The City Commissi on of the City of Boynton Beach, Florida, pursuant te
9 the requirements set forth in Section 420.9076, Florida Statutes does hereby appoint the
10 following eleven (11) members to the affordable housing advisory comminee:
] 1
12 (a) A citizen actively engaged in residential home building -
13
14 (b) A citizen activelY engaged in banking/mortgage industry - Francis Frances
15
16 (CI A citizen that is representative of those areas of labor actively engaged ifJ
17 affordable home building -
18
19 Cd) A citizen actively engaged as advocate for low-income persons .- Sherry
20 Johnson
2J
22 (e) A citizen actively engaged as a for-profit provider of affordable housing -- Jeffre~'
23 Wooster
24
~5 (f) A citizen actively engaged as a not-for-profit provider of affordable housing -
26 ~argaretJohnson
:7
28 (g) A citizen actively engaged as a real estate professional- Jeanne Heavlin
29
30 (h) A citizen actively serving on the local planning agency - Shirley Jaskiewicz
31
3:2 (il A City Commissioner -
:.;:;
34 i. (j) A citizen who represents employers within the City of Boynton Beach -
35
36 (k) A citizen who represents essential services personnel - Angela Girtman
i S:\CA\RESO\Affordable Housmg Advlso!!' Commlttee.ooc
~
-
1
')
"-
3
4 Section 3. The members of the affordable housing advisory committee shall be
5 appointed or removed by a majority vote of the City Commission.
6 Section 4. Affordable housing in the City of Boynton Beach is to be defined in
7 accordance with the adopted local comprehensive plan.
S Section 5. The advisory committee shall meet triennially and shall act in accordance
9 with Section 420.9076, Florida Statutes and shall review the established policies and procedures,
10 ordinances, land development regulations, and the City's adopted comprehensive plan and shall
1 I recommend specific actions or initiatives to encourage or facilitate affordable housing while
12 protecting the ability of the property to appreciate in value. The recommendations may include
13 the modification or repeal of existing policies, procedures, ordinances, regulations, or plan
]4 provisions; the creation of exceptions applicable to affordable housing; or the adoption of new
]5 policies, procedures, regulations, ordinances, or plan provisions, including recommendations to
16 amend the comprehensive plan and corresponding regulations, ordinances and other policies. At
]7 a minimum, the advisory committee shall submit a report to the City Commission that includes
18 recommendations on and triennially thereafter evaluates the implementation of, affordable
19 housing incentives.
20 Section 6. That this Resolution will become effective immediately upon passage.
2l
S:\CA\RESOlAffordable Housmg AdvISOry Commlttee.doc
- 3 -
1:l.
PASSED AND ADOPTED this , 7 day of June. 2008-
-,
_.
: CrT\' OF BO~TON BEACH. FLORID.'"
4
.:;
6
-
8
9
10
I]
~'""'l
13 6
14
15 __ "CO'V Woodr " "0'lay
]6
..., - 7: . ~~~
1 !
18 ATTEST: Commissioner - Mar'lene Ross
19
20 .
")'
..I
22
.,~ \
_J i
24 i
,
~.5 ' ,
26 I
I
""'l:
_.
28
I
\
!
i I
, ,
! S :\CA \RESO\Affordable Housmg Advisory Committee. do:
_ L: _
~ -, '-/, ,', ,:; -.;":!, ,- " -".:
..~ NO 3"'~2 . ':. :"," .; ..~
','" - - " ." ',., " - '." -,"-
_ :~:'~ _.." , :~,:' L~: -';1';<' .:' _. . ~ ;'___:~ ~". ~ },F..' . , . ".,,~,,!i,,;;,:{
-. ......"
Community Improvement Division -
i Affordable Housing Advisory 'Committee (AHAC)
,Notice of ':P,ublic . Meeting
The City Of. Boynton Beach's Community ,Improvement Division will be'
sponsoring a wiublic meeting to discuss the:J~HAC draft :r~port and to solicit:
publicinput.}1fr\embers of the public arei,~v~tedto attenCil~e public meeting;
and provide tOTal or writt~n commentsol),~'~ffue matter. A;cCi>.pyofthe report
containing ffie;AHAC'sjrecC)mmendation1Mlt:,~eavailctllleiifor public review
in,~'e office rdf';the Community ,;I~prove~f:'Divis'ondl;~lbeaddress below,
otwell as o\i.ailable'}t~t 'the meefimg. Wf,iHeFl comments'imust -be submitted .,
, Jg:.CityOf Boynton ;$each, l00E Boyfit~Beoch BlvcL. :Boynton Bea.ch,)
, 'filorido 33435,' Attn: CommuniW'lmprovem~mt Division,-:'Glctovia . S. Sherrod,;
j
Community Improvement Manager. ..' ,
The meeting is to be held: 'J
,
. , ':P~ace: . CitY,Commission Chambers
;
-'~ lODE. Boynton Beach BOlJlevord
~, ;~ Boynton :Beach,Florida 33435
'Time: 6:30 'p;,m. . . i
Date: 'Monday, DecemberS, 2008
., IN ACCORDANCE WITH THE PROVISIONS OF THE ADA, THIS AD CAN BE REQUESTED IN ,;
~ ALTERNATED FORMAT. AUXIUARY AIDS OR SERVICES WILL BE PROVIDED UPON REQUEST WITH AT';
:'
LEAST THREE DAY NOTICt (CONTAO C!D AT [561 ] 7 42~6066).
.'
'i "ljJf'Sft ,"'I"h 'H";>S'.';~:' .,
\. ;!r ;,~'. g, ',: '..Pan1i\'eac ;,~Lest.\"mmill"'''. (;B" .' ;er~ 2008
}..,. <.. .~. ....,~.' ' '::<.' <' :::Di;i'.::;';;~{;"> Jt::':C;':~:~',. ." ; ,c;~;:t~,.1 .
", ;.
~ .,': "'.;:> ',. . -, ~ !{,:-\,: ~G:'j'..;(.':'~';';;:. . ,_._
VI.-CONSENT AGENDA
ITEM C.4
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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
X December 16,2008 December 1,2008 (Noon) 0 February 17,2009 February 2, 2009 (Noon)
o January 6,2009 December 15,2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) 0 March 17,2009 March 2, 2009 (Noon) ~ ~~
.....~2
o -<'
o February 3, 2009 January 19,2009 (Noon) 0 April 7, 2009 March 16,2009 (Noon) ~ 0'
I ;;~
CO ;III -<
o Announcements/Presentations 0 City Manager's Report :r:a ~'3
::x 0)
NATURE OF 0 Administrative 0 New Business ClO ~::z:
AGENDA ITEM X Consent Agenda 0 Legal .:: iaI
o Code Compliance & Legal Settlements 0 Unfinished Business C"
o Public Hearing 0
RECOMMENDATION: Approve the First Amendment to the Interlocal Agreement (ILA) between the City of Boynton
Beach and South Central Regional Wastewater Treatment and Disposal Board (Board) entered into on November 3, 2004.
The First Amendment modifies Article 2 - Scope of Services by adding paragraph 2.11, which permits the City to collect a
specified amount for benefit consulting fees. The First Amendment to the Interlocal Agreement approved by the Board is
attached as Exhibit #1.
EXPLANATION: The November 3, 2004, ILA provided the Board with the ability to utilize existing City agreements for
medical and other insurance providers, thereby allowing Board employees to participate in the same as coverage and
programs available to City employees. On October 1, 2008, the City Commission approved the use of a new benefit
consulting firm, Willis of Tennessee, Inc., d/b/a Willis of Florida (Willis). Willis is paid $96,000 annually; the previous
benefit consultants received commission from the insurance premiums. This First Amendment permits the City of Boynton
Beach to collect a prorated portion of the $96,000 annual Willis fee, or eight dollars and twenty cents ($8.20) per employee
per month for each Board employee enrolled in the City's insurance plans.
PROGRAM IMPACT: The purpose of this First Amendment to the agreement is to permit a prorated portion of the Willis
benefit consulting fee to be collected by the City of Boynton Beach, commencing with the fiscal year October 1,2008.
FISCAL IMPACT: The collection ofa prorated portion of the benefit consulting fee will pay a portion of the annual
benefit consulting fee and will go into the General Fund. The Board currently employs twenty (20) employees, if approved
their prorated share of the Consulting fee will be approximately $2,000 annually.
ALTERNATIVES: Do not approve the First Amendment to the agreement to permit the collection of a prorated portion of
the benefit consulting fee and the City will be required to fund the Willis consulting fees for the Board.
C:\Documents and Settings\CoyleM\Local Settings\Temporary Internet Files\OLK58\ILA First Amendment SCRWWTDB Agenda Item Dec 162008
(3).doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
" !
\/~
/ tG. .~ ui~
J ~ _ ___
Cit:- Manager's Signature
! ~~~
Assistant 1(1 Cit:- Manager
Human Resources
~ .._~~ ~'>~- -_.,---_...._~
Department Name Clly Attornc:- Finance
" ,HR\i\genda Items'Agenda Itcnb 2(HIXIILA First Amendmcnt "l'R\V\,"1 &DB '\genda Itcm lice 1(, 2(\(15 dill'
, . r
1 i
1 RESOLUTION R08-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF A FIRST
5 AMENDMENT TO INTERLOCAL AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH AND THE
7 SOUTH CENTRAL REGIONAL W ASTEW A TER
8 TREATMENT AND DISPOSAL BOARD ALLOWING
9 THE CITY TO COLLECT A SPECIFIED AMOUNT FOR
10 BENEFIT CONSULTING FEES; AND PROVIDING AN ,
11 EFFECTIVE DATE. I
12
13 WHEREAS, on November 3, 2004 the City of Boynton Beach and South
14 Central Regional Wastewater Treatment and Disposal Board entered into an
15 Interlocal Agreement allowing the Board to utilize existing City agreements for
16 medical and other insurance providers, thereby allowing Board employees to
17 participate in the same coverage and programs available to City employees; and
18 WHEREAS, on October 1, 2008 the City Commission approved the use of
19 a new benefit consulting firm, Willis of Tennessee, Inc., d/b/a Willis of Florida
20 which the City pays $96,000 annually; and;
21 WHEREAS, this amendment permits the City of Boynton Beach to collect
22 a portion of the annual fee paid to Willis of Florida from the South Central
23 Regional Wastewater Treatment and Disposal Board; and
24 WHEREAS, staff has reviewed and recommends acceptance of the First
25 Amendment to Interlocal Agreement, a copy of which is attached hereto and made
26 a part hereof as Exhibit "A".
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
28 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
:\CA\RESO\Agreements\lnterlocals\lLA - SCRWWTDB benefits(1st amendment).doc
1 Section I. The foregoing "\Vhereas' clauses are herel,\ ratijicd ;.lnd
2 , confirmed as being true and correct and are hereby made a specific part l)j this
3 Resolution upon adoption hereof.
4 Section 2. The City Commission does hereby authorize the execution
5 of this First Amendment to lnterlocal Agreement between the City of Boynton
6 Beach and the South Central Regional Waste Water Treatment & Disposal Board.
7 a copy of which is attached hereto and made a part hereof as Exhibit "A ".
8 Section 3. That this Resolution shall become effective immediatel\'
9 upon passage.
10 PASSED AND ADOPTED this --~_._._- day of December, 2008.
11
12 CITY OF BOYNTON BEACH, FLORIDA
13
14
---. ~--------_.__.._--_._------
15 I Mayor -. Jerry Taylor
16
17 I
~- .
18 Vice Mayor - Jose Rodriguez
19
20
21 I Commissioner - Ronald Weiland
22
23 I
~-----..._-~._._------..--~-_...__._--_._._--
24 II Commissioner ~ Woodrow I. Hay
25 II
26 II
27 Commissioner -- Marlene Ross
28 II
29 II ATTEST:
30 I!
, I
31 Ii
32 II Janet M. Prainito, CMC
33 City Clerk
! I
34 II
I'
35 II
I'
36 I ( Corporate Seal)
I
37 I
Ii
i I
I ~.\CA\RESO\AgreementS\lnterloCaIS\ILA - SCRWWTDB benefits(1st amendment) doc
II
I!
! "
EXHIBIT
/
R04-191
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
This First Amendment to Interlocal Agreement, is made and entered into this _
day of 2008, by and between the CITY OF BOYNTON
BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "City," and
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, an
entity created pursuant to Section 163.01, Florida Statutes, hereinafter referred to as "the
Board" or "Board."
WITNESSETH:
WHEREAS, this First Amendment is entered into pursuant to ~163.01, Florida
Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, the Board and the City entered into an Interlocal Agreement dated
November 3, 2004 (the "Interlocal Agreement"); and
WHEREAS, pursuant to the Interlocal Agreement the City has heretofore provided the
Board with the ability to utilize existing City agreements with providers of health and other
insurance, thereby allowing Board employees to participate in health and other insurance
plans under the same coverages and programs offered to City employees; and
WHEREAS, the City has requested an amendment to the Interlocal Agreement due to
the fact that benefit consulting services fees will no longer be included as part of the premium
rates; and
WHEREAS, the benefit consulting services fees will be paid separately on a per
employee basis; and
WHEREAS, City and the Board agree to amend the Interlocal Agreement as
hereinafter set forth.
NOWTHEREFORE, in consideration of the terms and provisions hereof and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by each of the parties it is agreed as follows:
1. ARTICLE 2-SCOPE OF SERVICES is hereby amended by adding the following
Paragraph 2.11 :
2.11 On a monthly basis, in arrears, South Central Regional Wastewater Treatment
and Disposal Board shall pay the City a charge for the benefit consulting services of
Willis of Tennessee, Inc., d/b/a Willis of Florida equal to eight dollars and twenty cents
($8.20) for each South Central Regional Wastewater Treatment and Disposal Board
employee enrolled in the City's medical plan (which does not mean or include the
City's vision, dental, life insurance or other plans, since there are no benefit consulting
service fees payable by the Board as to these other plans). If the benefit consulting
charge is offset by any commissions received for any group policies issued; an
adjustment to the amount paid by South Central Regional Wastewater Treatment and
1
Disposal Board will be refunded by the City of Boynton Beach within sixty 60) days
from the end of the fiscal year
2. The above amendment shall be effective commencing with the fiscal year October'
2008 and the first payment due from the Board to the City shall be due November"
2008.
3. In all other respects, the parties ratify and confirm the Interlocal Agreement dated
November 3, 2004.
IN WITNESS WHEREOF, the parties have set their hands and seals this ) l(i" day of _
teFft. lJr ' ' v-
,2008.
._..-~
ATTE~
By: . 2.C~
Dennis L. Coates
Approved as to FO~
;{ /T0,; ~fl~
Roger G. Saberson, Board Attorney
CITY OF BOYNTON BEACH
By:
Print Name:
City Clerk
CITY SEAL
Approved as to Form:
Office of the City Attorney
F\dacslBaardlAGREEMENTSIFirst Amendment to Interlacaf Agreement (Health) 10-24-2008.rtf Page 2 of 2
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.5
AGENDA ITEM REQUEST FOm.
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 Meeting Dates in to City Clerk's Office
[gI December 16, 2008 December I, 2008 (Noon) D February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) D March 3, 2009 February 17, 2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) D March 17,2009 March 2, 2009 (Noon) 0 2
O~
CX) ...., ~
....""
o February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16, 2009 (Noon~ -<O~
n""'"
c:: r- till
N rrlO
C ;Q-<
D Announcements/Presentations D City Manager's Report :;J:::;,e
"'tJ tJi-l
NATURE OF D Administrative D New Business :x QJ
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AGENDA ITEM [gI D - I
Consent Agenda Legal ..
0
D Code Compliance & Legal Settlements D Unfmished Business ...
'::I:
D Public Hearing D
RECOMMENDATION:
Motion to approve and authorize the Mayor to sign, via resolution, an Interlocal Agreement (ILA)
with the City of Lake Worth and Hypoluxo Shoppes, Inc., regarding the provision of sewer service
to parcels of land outside of the City of Boynton Beach Utilities Service Area.
EXPLANATION:
The parcels of land, identified on Exhibit "A" of the ILA and the location map (attached) are
owned by Hypoluxo Shoppes, Inc, and reside within the City of Lake Worth's utility service area.
Lake Worth owns and maintains a potable water distribution system in that area, but does not
have any sewer transmission facilities within a reasonable distance of the subject parcels. The
City of Boynton Beach utility service area lies to the south side of the parcels along Hypoluxo
Road, and does have sewer facilities in that vicinity. The proposed development of the Hypoluxo
Shoppes property requires sewer transmission facilities, and the City is willing to provide
provisional service to the site until such time as the City of Lake Worth constructs its own sewer
system in the vicinity.
The developer of the parcel will be required to design, obtain permits, and install the required
sewer transmission system from the site to a point of connection with the City of Boynton Beach's
sewer system. Boynton Beach will subsequently own and maintain those portions within the
Hypoluxo Road right-of-way. Hypoluxo Shoppes, Inc. or any subsequent owners of the property
will own and maintain anyon-site facilities, including all lift stations, required to facilitate the
transmission of sewage.
PROGRAM IMPACT:
Servicing this additional area will require the City staff to obtain meter readings from the City of
Lake Worth and manually enter those into the billing system. Otherwise, standard procedures
will apply.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
. I
I RESOLUTION NO. R08-
--,
-
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 BOYNTON BEACH, FLORIDA, APPROVING AND
6 AUTHORIZING THE MAYOR TO EXECUTE AN
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
I
8 I BEACH, THE CITY OF LAKE WORTH AND
9 HYPOLUXO SHOPPES, INC., REGARDING THE
]0 PROVISION OF SEWER SERVICE TO PARCELS OF
] ] LAND PUTSIDE OF THE CITY OF BOYNTON BEACH
]2 UTILITIES SERVICE AREA; AND PROVIDING AN
1 ' EFFECTIVE DATE.
-'
14
]5
]6 WHEREAS, property owned by Hypoluxo Shoppes, Inc.. is located within the City of
17 Lake Worth's utility service area; and
] 8 WHEREAS, the City of Lake Worth owns and maintains a potable water distribution
19 system in that area, but does not have any sewer transmission facilities within a reasonable
20 distance of the subject property; and
!
2] WHEREAS, the proposed development of the Hypoluxo Shoppes property requires
22 sewer transmission facilities and the City of Boynton beach is willing to provide provisional
23 service to this site until such time as the City of Lake Worth Constructs its own sewer system
24 ion the vicinity; and
25 WHEREAS, the City Commission of the City of Boynton Beach. upon
26 recommendation of stat!. deems it to be in the best interests of tbe residents and citizens of the
27 City of Boynton Beach to approve the Agreement between the City of Boynton Beach, the
28 City of Lake Worth and Hypoluxo Shoppes. Inc.
29 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
s Ie ^\RFSOV..grecmentSllntcrlocal~IL^ with Lake W"rth Illvpoluxo <;hoppes I doc
I
I!
II
I
i
1 Section 1. Each Whereas clause set forth above is true and correct and
2 incorporated herein by this reference.
3 Section 2. The City Commission of the City of Boynton Beach, Florida does
4 hereby approve and authorize the Mayor to execute an Agreement between the City of
5 Boynton Beach, the City of Lake Worth and Hypoluxo Shoppes, Inc., for the provision of
6 sewer service to parcels of land outside the City of Boynton Beach utilities service area, a
7 copy of said Agreement is attached hereto as Exhibit "A".
8 Section 3. That this Resolution shall become effective immediately upon passage.
9 PASSED AND ADOPTED this _ day of December, 2008.
10 CITY OF BOYNTON BEACH, FLORIDA
II
12
13
14 Mayor - Jerry Taylor
15
16
17 Vice Mayor - Jose Rodriguez
18
19
20 Commissioner - Ronald Weiland
21
22
23 Commissioner - Woodrow L. Hay
24
25
26 Commissioner - Marlene Ross
27 ATTEST:
28
29
30
31 Janet M. Prainito, CMC
32 City Clerk
33
34 (Corporate Seal)
35
\CA\RESO\Agreements\InterlocalSILA with Lake Worth (Hypoluxo Shoppes).doc
AGREEMENT
THIS AGREEMENT is made on this day of __________, 2008 between the
CITY OF BOYNTON BEACH, a Florida municipal corporation located ill Palm Beach County,
Florida, hereinafter referred to as "Boynton Beach," the CITY OF LAKE WORTH, a Florida
municipal corporation located in Palm Beach County, Florida, hereinafter referred to as "Lake
Worth" and HYPOLUXO SHOPPES, INC., a Florida Corporation whose post-office address IS
15030 Coconut A venue, Miami Lakes, FL 33016, hereinafter referred to as "Shoppes".
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal
Cooperation Act of 1969," authorizes local governments and public agencies to enter into
interlocal agreements with each other to jointly exercise any power, privilege, or authority which
such agencies share in common and which each might exercise separately; and
WHEREAS, Section 171.203, Florida Statutes, authorizes the: governing bodies of
municipalities to enter into interlocal Service Boundary Agreements concerning wastewater!
service delivery and treatment; and
WHEREAS, Shoppes owns certain property, as described in Exhibit "A" attached hereto
and incorporated herein, located within Wlincorporated Palm Beach County and is presently
engaged in plan review and subsequently plans to develop and improve said property; hereinafter
referred to as the "Properties".
WHEREAS, the two parcels of property owned by Shoppes are located within the Lake
Worth utility service area but Lake Worth does not currently have sanitary sewer lines in the
vicinity of either property; and
WHEREAS, Shoppes has requested permission from Lake Worth to obtain provisional
sewer service from Boynton Beach's sanitary sewer facilities;
WHEREAS, the two parcels of property are outside Boynton Beach's utility service area
but Boynton Beach does maintain sanitary sewer lines in the vicinity of the properties which can
be extended to allow both properties to connect to Boynton Beach's sanitary sewer system; and
WHEREAS, Boynton Beach, Lake Worth, and Shoppes have agreed to enter into this
Agreement which will allow Boynton Beach to temporarily extend sanitary sewer lines to the
two properties located in Lake Worth's utility service area, subject to the terms of this
Agreement; and
WHEREAS, Such provisional hook-up shall continue only until such time as Lake
Worth provides for the installation of its sewer facilities adjacent to the two properties and
available for hook-up, at which time Shoppes shall disconnect from Boynton Beach's facilities
and connect to Lake Worth's faciiities within 90 days of notification by Lake Worth of the
availability of its facilities.
I The term sanitary sewer system is synonymous with wastewater treatment system.
Page 1 of 6
WHEREAS, Shoppes has agreed to pay the cost of extensions and improvements, as
shown in Exhibit "B", attached hereto and incorporated herein, to Boynton Beach's sanitary
sewer system to service its respective properties and to pay connection and service charges as
provided by Boynton Beach Code or regulation.
WHEREAS, Shoppes shall contract oo~y with Lake Worth for all potable water service.
NOW, THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
1. The foregoing whereas clauses are true and correct and represent material
provisions of this Agreement.
2. Lake Worth agrees that Boynton Beach shall provide sanitary sewer lines and
service to the real property described in Exhibit "A".
3. Boynton Beach agrees to maintain sanitary sewer lines to The Properties.
4. Boynton Beach agrees to provide treatment of wastewater discharged from The
Properties.
5. The cost to Shoppes for increasing the capacity of Boynton Beach's sewer
transmission system, so as to accommodate the additional flow from Shoppes, shall not exceed
$10,000, due and payable at the time of permitting plan submittal to the City. All other costs
associated with extending the sewer system to Shoppes' respective properties shall be borne by
Shoppes.
6. Shoppes agrees to pay all connection charges imposed by Boynton Beach as set
forth in Chapter 26 of the Boynton Beach Code of Ordinances. Following connection to the
Boynton Beach sanitary sewer system, end users shall pay commercial waste water rates for
properties outside the City of Boynton Beach, include the applicable surcharge for service
outside Boynton Beach's jurisdictional boundaries.
7. In addition to other provisions contained herein, this Agreement constitutes an
Interlocal Agreement between the City of Boynton Beach and the City of Lake Worth for
cooperation and service boundaries for wastewater treatment entered into pursuant to The Florida
Interlocal Cooperation Act of 1969 and Section 171.203, Florida Statutes.
8. Such provisional hook-up shall continue only until such ldme as Lake Worth has
provided for the installation and makes available its own sanitary sewer lines to this location, at
which time Shoppes shall disconnect from Boynton Beach's sewer facilities and connect to Lake
Worth's sewer facilities.
9. Upon disconnection from Boynton Beach's sewer facilities and connection to
Lake Worth's sewer facilities, Shoppes shall pay all outstanding charges due to Boynton Beach
and convey, without further consideration, by absolute Bill of Sale, whatever portion of said
Page 2 of 6
facilities Lake Worth desires to have at that time, together with necessary easements tor repmr
and maintenance, and shall further pay to Lake Worth the regular sanitary sewer service charge~
imposed by Lake Worth, as same may be changed or modified from time to time.
10. Nothing herein is intended to advance or support any annexation effort by either
Boynton Beach or Lake Worth with respect to The Properties.
11. Lake Worth agrees to provide to Boynton Beach the water meter readings
representing water usage by The Properties within three (3) business days of reading the meter,
on a monthly basis. Boynton Beach will utilize the potable water consumption as a basis for
wastewater billing.
12. Boynton Beach shall make no attempt to expand its sewer service area(s) by
virtue of said provisional connection, nor make any claim of right adverse to that of Lake Worth
by virtue of said provisional hook-up.
13. Shoppes shall not sell, lease or give any right or privilege to utilize its sanitary
sewer facilities to any other person whose property is outside that described herein nor allow any
such connection, without the written agreement of Lake Worth and Boynton Beach.
14. This agreement shall take effect upon execution by all parties.
15. In the event a court of competent jurisdiction hereof holds any section, paragraph,
sentence, clause, or provision to be invalid, such holding shall not affect the remaining portions
of this Agreement, and the same shall remain in full force and effect.
16. This Agreement represents the entire understanding between the parties,
concerning the subject, and supersedes all other negotiations, representations, or agreements,
either written or oral, relating to this Agreement.
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
ATTEST: CITY OF LAKE WORTH, a Florida Municipal
Corporation
By: By: __ ."----~-_.-
Pamela Lopez Jeff Clemens, Mayor
City Clerk
Page 3 of 6
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Larry A. Karns
City Attorney
CITY OF BOYNTON BEACH, a Florida
Municipal Corporation
ATTEST:
Jerry Taylor, Mayor
Janet M. Prainito, CMC
City Clerk
(Seal)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
James A. Cherof
City Attorney
HYPOLUXO SHOPPES, INC.
By:
Witness Bernardo Maribona
President
Witness
Page 4 of 6
Exhibit .. A"
Shoppes owns the following described real property in unincorporated Palm Beach
County: PCN Number: 00-43-45-04-00-000-7380, S 1/2 OF SW 1/4 OF SW 1/4 OF SW
1/4 L YG E OF HIGH RIDGE RD & N OF HYPOLUXO RD (LESS E 100 FT OF S 200;
and PCN Number: 00-43-45-04-00-000-7440, E 100 IT OF S 200 FT OF S 1/2 OF SW
1/4 OF SW 1/4 OF SW 1/4 L YG N OF RIW OF HYPOLUXO RD (LESS 1-95 R/W);
and
Page 5 of 6
Exhibit "B"
Description of Improvements and Extensions
. Private on-site lift station
. Private on-site force main
. Force main in public right of way, crossing Hypoluxo Road
. Connection to City's sewer system at manhole
. Any roadway or surface restoration
. Engineering, permitting, testing, etc. required for the above work
Page 6 of 6
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VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.6
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 Meeting Dates in to City Clerk's Office
X December] 6, 2008 December I, 2008 (Noon) D February 17,2009 February 2, 2009 (Noon)
D January 6, 2009 December] 5,2008 (Noon) D March 3, 2009 February] 7,2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) D March 17.2009 March 2,2009 (Noon)
D February 3,2009 January ]9,2009 (Noon) D April 7,2009 March ]6,2009 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM x Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing D
RECOMMENDATION: Motion to adopt a Resolution assessing the costs of abatement of certain nuisances against the
owners of the properties involved.
EXPLANATION: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list
contains the addresses of properties cited by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent
an invoice to each property owner. There was no response within the required 3D-day period. Copies of the invoices were
then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of
the invoice and a letter which offered an opportunity to pay the invoice within an additional 3D-day period. The attached list
contains the names of the property owners who have still not responded to our correspondence.
At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm
Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the
City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before
the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the
Resolution is sent to the County for recording.
Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and
another letter stating the unpaid balance will accrue interest at a rate of 8% per annum.
PROGRAM IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services
that were provided when the nuisances were abated.
FISCAL IMPACT: Liens are not considered revenue until collected.
ALTERNATIVES: The alternative would be to not place liens on the prop ies and not collect for the service
provided .
c:~ CdL
~ . it-dt.A:_LJ. __ .
/ Depart . v~ City Manager's Signature
t/ ~
Assistant to City Manager
City Clerk
Department Name City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I
1 RESOLUTION NO. 08-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA ASSESSING THE COSTS OF
5 ABA TEMENT OF CERT AIN NUISANCES
6 AGAINST THE OWNERS OF THE PROPERTIES
7 INVOL VED; AND PROVIDING AN EFFECTIVE
8 DATE.
9
10
11
12 WHEREAS, in August, 2008, a contract vendor was requested by Code Compliance
13 to mow the lots of the properties described in Exhibit '"A": and
14
15 WHEREAS, the owners of the parcel(s) of property hereinafter described were
16 invoiced by the Finance Department on two occasions in an etlort to recoup these costs with
17 no response; and
18
19 WHEREAS, said nuisance was not abated as required: and.
20
21 WHEREAS, on October 16, 2008, all of the property owners listed in the attached
22 Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to
23 avoid incurring a lien on their property; and
24
25 WHEREAS, the City Manager or his authorized representative has made a report of
26 costs actually incurred by the City and abatement of said nuisance as to the property(s)
27 involved, which is described in Exhibit "A" attached to this Resolution: and
28
29 WHEREAS, upon passage of this Resolution, the property owners will be furnished
30 with a copy of this Resolution, and given one more opportunity to remit all costs associated
31 with the abatement in full within 30 days of the passage of the Resolution. before transmittal
32 to the County for recordation of Liens; and
33
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
36 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
37
38 Section 1: Each Whereas clause set forth above is true and correct and
39 incorporated herein by this reference.
40
41 Section 2: The amount of costs incurred by the City and the abatement of the
42 labove-described nuisance as to the parcels ofland, owned and indicated to wit:
43
44
45 SEE A TT ACHED COMPOSITE EXHIBIT '"A"
46
1/
! IS:ICAIRESO\LegiSlative Actions\Nuisance Abatement Liens 120408 doc
J
. !
1 (Charges cover Invoices dated August, 2008)
2 Subject amount is hereby assessed as liens against said parcels of land as
3 indicated, plus an additional administrative charge of $30.00 for each Lien.
4 Liens shall be of equal dignity with the taxes there from for the year 2008, and
5 shall be enforced and collected in like manner pursuant to applicable
6 provisions of law. In the event collection proceedings are necessary, the
7 property owner shall pay all costs of the proceedings, including reasonable
8 attorneys fees.
9
10 Section 3. This Resolution shall become effective immediately upon passage.
11
12 PASSED AND ADOPTED this _ day of December, 2008.
13
14 CITY OF BOYNTON BEACH, FLORIDA
15
16
17 Mayor - Jerry Taylor
18
19
20 Vice Mayor - Jose Rodriguez
21
22
23 Commissioner - Ronald Weiland
24
25
26 Commissioner - Woodrow L. Hay
27 ATTEST:
28
29 Commissioner - Marlene Ross
30
31 Janet M. Prainito, CMC
32 City Clerk
33
34
35
36 {Corporate Seal}
S:\CA\RESO\Legislative Actions\Nuisance Abatement Liens 120408.doc
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VI.-CONSENT AGENDA
ITEM C.7
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
[gI December 16, 2008 December I, 2008 (Noon) D February 17,2009
D January 6, 2009 December 15, 2008 (Noon) D March 3, 2009
D January 20, 2009 January 5, 2009 (Noon) D March 17, 2009
D February 3, 2009 January 19,2009 (Noon) D April 7, 2009
Date Final Form Must be Turned
in to City Clerk's Office
February 2, 2009 (Noon)
February 17, 2009 (Noon)
March 2, 2009 (Noon)
March 16,2009 (Noon)
D AnnouncementslPresentations D City Manager's Report N
NATURE OF D Administrative D New Business >
AGENDA ITEM [gI Consent Agenda D Legal ::J:
CD
D Code Compliance & Legal Settlements D Unfinished Business ..
en
D Public Hearing D ~
RECOMMENDATIONS:
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Approve and authorize execution of Agreements and certifted by the City Clerk to designate the following banks as
additional depository institutions for funds of the City of Boynton Beach: RBC Bank (USA), TD Bank, N.A.,
IstCommunity Bank of America, and CNLBank. (A copy of a Resolution and Agreement from RBC Bank is attached).
Approve the following individuals as authorized representatives and signatories for all the City's banking institutions:
. Jerry Taylor, Mayor
. Kurt Bressner, City Manager
. E. Barrett Atwood, Sr., Director of Financeffreasurer
. Tim Howard, Deputy Directory of Financial Services
. Anthony Davidson, Assistant to the Director of Financial Services
EXPLANATION: The City of Boynton Beach is experiencing declining interest rates on its investments over the past
year where current money market rates approximate 1.250/. with Bank of America and 0.200/. with Florida Municipal
Investment Trust (Florida League of Cities). This rate has been rapidly declining in recent months from 4.8% a year
ago. Given this current market, financial staff members in conjunction with our financial advisor solicited alternate
authorized investments nnder the City's Inyestment Policy considering safety, liquidity, and yield in that order.
Given the foregoing, we selected Certificates of Deposit with rates of 2.65% - 2.950/. for a "Iaddered" duration of six
(6) to twenty-four (24) months with the above financial institutions.
PROGRAM IMPACT: Interest earnings are a significant (albeit declining) source of revenue supporting programs of
all funds of the City of Boynton Beach.
FISCAL IMPACT: With the property tax monies received on December 15 and other money market funds
liquidated, we will be investing approximately $50 million in CertifICates of Deposit at the rates noted above. At an
approximate 1.50% increase (1.25% to 2.75%), this will have an approximate 5750,000 positive impact on investment
earnings for all City funds rather than a further decline of investment earnings.
AL TERNA TIVES: Do not make the investments in Certificates of Deposit; however, the rates in daily money market
funds are projected to decline even further toward 0%.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
t~ fLoO~
Department Head's Signature
~
City Manager's Signature
Assistant to City Manager ~
/~
City Attlmey / Finance
Financial Services
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R08-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
5 AND AUTHORIZING EXECUTION OF AGREEMENTS
6 TO DESIGNA TE ADDITIONAL DEPSOITORY
7 INTSTITUATIONS FOR THE CITY OF BOYNTON
8 BEACH; AMENDING THE SIGNATURE RESOLUTION
9 FOR ALL CITY ACCOUNTS; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the City of Boynton Beach is experiencing declining interest rates on its
13 investments over the past year where current money market rates so the financial staff
14 members along with the City's Financial advisor solicited alternate authorized investments
15 under the City's Investment Policy considering safety, liquidity and yield, in that order; and
16 WHEREAS, RBC Bank (USA), TD Bank, N.A., 1st Community Bank of America and
17 CNLBank have Certificates of Deposit with rates of 2.65 - 2.05% for a "laddered" duration
18 of six (6) to twenty-four (24) months; and
19 WHEREAS, the City Commission of the City of Boynton Beach approved Resolution
20 No. R08-001, designating specified individuals as authorized signatories on City accounts at
21 Bank of America; and
22 WHEREAS, due to the hiring of Tim Howard, Deputy Director of Financial Services
23 and Anthony Davidson, Assistant to the Director of Financial Services, it is necessary to add
24 them as authorized signatories on all City accounts; and
25 WHEREAS, the City Commission of the City of Boynton Beach, hereby deems it to
26 be in the best interests of the citizens and residents of the City of Boynton Beach, to approve
27 and authorize the execution of Agreements and have them certified by the City Clerk to
28 designate RBC Bank (USA), TD Bank, N.A., I sl Community Bank of America and CNL Bank
S:\CA\RESO\Agreements\Adding Despositories and Authorizing Signatories. doc
1 as additional depository institutions for funds for the City of Boynton Beach and to approve
2 Mayor Jerry Taylor, Kurt Bressner, City Manager, E. Barrett Atwood, Sr., Director of
3 Financial Services, Tim Howard, Assistant Director of Financial Services and Anthony
4 Davidson, Assistant to the Director of Financial Services as authorized representatives and
5 signatories for all the City's bank institutions.
6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
7 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
8
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
I
9 being true and COlTect and are hereby made a specific part of this Resolution upon adoption
10 hereof.
11
Section 2.
The City Commission of the City of Boynton Beach, hereby approves
12 and authorizes the execution of Agreements and have them certified by the City Clerk to
13 designate RBC Bank (USA), TD Bank, N .A., 1 st Community Bank of America and CNL Bank
14 as additional depository institutions for funds for the City of Boynton Beach
15
Section 3.
Resolution No. R08-00 1, is hereby amended to provide that the
16 following individuals are designated as authorized signatories on all City accounts:
17
18
19
20
21
22
23
24
Mayor Jerry Taylor
Kurt Bressner, City Manager
E. Barrett Atwood, Sr., Director of Financial Services
Tim Howard, Assistant Director of Financial Services
Anthony Davidson, Assistant to the Director of Financial Services
Section 4. This Resolution shall become effective immediately upon passage.
:\CA\RESO\Agreements\Adding Desposilories and Authorizing Signatories. doc
1
PASSED AND ADOPTED this _ day of December, 2008.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22 Janet M. Prainito, CMC
23 City Clerk
24
25
26 (Corporate Seal)
27
28
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
:\CA\RESO\Agreements\Adding Despositories and Authorizing Signatories.doc
.
RBe Bank'"
Resolut;on And AgrtHIment
For Deposit Account and Bank/Corporllte Service:;
This Resolution and Agreement is submitted by City of BOYnton Beach
(hereinafter referred to as the 'Customer") designating RBC Bank (USA) as a depository institution for the Customer.
o If checked here, the Customer also operates under or is usually identified by a trade name, a.~ follows:
The Customer is duly organized and operatcs as a; Public Funds
BE IT HEREBY RESOLVED, AUTHORIZED AND AGREED THAT RBC Bank (USA) (hereinafter "Bank') be, and it hereby
is, designated as a depository institution for the funds of the Customer.
1. FURTHER RESOLVED, that any and all types of deposit accounts, including without limitation checking, savings,
time, certificate receipts and cenificates of deposit, and any other accounts may be opened in the Customer's name with the Bank
in accordance with the applicable rules and regulations for such accounts.
2. FURTHER RESOL~f), that anyone of the persons named below in this paragraph 2 (hereinafter referred to as
'Authori7.ed Representatives') is HEREBY AUTHORIZED, on behalf of the Customer and in its name or trade name, if
applicable, to sign checks, drafts, notes, bills of eltchange, acceptances, certificate receipts, certificates of deposi( or ocher orders
for the payment of money relating to any account(s) in the Customer's name for which they have also signed the deposit
agreement and/or signature card; to endorse checks, notes, bills, certificate receipts, certificates of deposit or other ill8truments
owned or held by the Custom'lr for deposit with the Bank or for collection or diS(X)unt by the Bank relating to any accoum(s) in
lhe Customer's name for which they have also signed the deposit agreement and/or signature card: to accept drafts, acceptances
and othcr instruments payahle at the Bank; to place orders with the Bank for the purchase and sale of foreign currencies on behalf
of the Customer ro deliver, cash, negotiate, obtain payment on or presem any check, note, bill, draft or other instrument made or
drawn to or endorsed by the Customer, and to waive presentment, demand, protest, notice of protest or nOTice of dishonor of any
check, note, bill, draft or other instrument made or drawn to or endorsed by the Customer; to initiate or cause the initiation of
electronic fund transfers through any access device (e.g., debit card, credit card, code) issued by the Bank OT authorized by the
Bank relating 10 any accoum(s) in the Customer's name for which they also signed (he deposit agreement and/or signature card.
THIS SECTION MUST BE COMPLETED. (Please print or type.)
Names of Authorized Representatives Title
(lb.s. Authorized Represenlallv.s must also stgn a depol\l agreement and/or slpatUTe card,)
3. FURTHER RESOLVED, that Bank may payor honor any of the instruments described in paragraph 2 above cashed,
drawn against or deposited to any account in the Customer's name or otherwise charged against the Customer by any or all
individuals whomsoever, whether authorized or unauthorized, who shall make use of a sample or other facsimile signature or
endorsement bearing the Customer's name or trade name, if applicable, and indicated on the signature card or below:
Fac.~imile Signature Used By Customer
4. FURTHER RESOLVED, that, the Bank may cash checks, drafts or money orders payable to cash or to the Customer
(irrespective of any special or restrictive endorsement thereon) when endorsed by an Authorized Representative in his or her
individual capacity or representative capacity, and, further, that any AUthOri7.&! Representative may from time to time designate
in writing 10 Bank any other officers, employees, agents or persons who are authorized to cash checks payable in or to initiate
electronic fund transfers in the Customer's name or trade name, if applicable, which authorization, unless limited by its terms,
shall remain in effect until a \!ifinen notice signed by any Aulhorized Representative is received by the Bank at the same office to
which the original authorization was delivered.
5. FURTHER RESOLVED, that the Bank be, and it hereby is, aUlhori7.ed to honor, receive, certify or pay all instruments
signed in accordance wilh the foregoing resolutions or electronic fund transfer initiated in accordance with the foregoing
resolutions, even though dra\lln to cash, drawn or endorsed to the order of an Authori7.ed Representative signing the same, or
tendered by him or her tor ca:;h, in payment of the individual obligation of such Authorized Representative or for deposit to his
or her personal account, and the Bank shall not be required or be under any obligation to inquire as to the circumstances of the
issuance or use of any instrument signed in accordance with the foregoing resolutions or electronic fund transfer initiated in
accordance with the foregoing resolutions, or the application or disposition of such instrument or the proceeds of such instrument
or electronic fund transfer.
6. FURTHER RESOLVED" that, any Authorized Representative is authorized to execute a Safe Deposit Agreement, the terms
of which are hereby incorporated by reference, by and between the Customer and the Bank.
7. FURTHER RESOLVEO, that, any Authorized Represemative is aurhorized (0 execllle a Night Depository Agreemenr, the
terms of which are hereby incorporated by reference, by and between the Customer and the Bank and is authorized to appoint
agents to receive, open and process the contents of night depository bags and to revoke the appointment of such agents.
CNftF.sot-E c2()('rm1)
8. ~THER RESOL.VE~, that, ~n connection with eJectro~ic fund transfers authorized in the foregoing resolutions, any
Authonzed Representative IS 3uthonzed to execute an ElectrOnIC Funds Transfer Agreement, if required or otherwise requested
by Bank,the terms of which a.."'e hereby incorporated by reference, by and between the Customer and the Bank and is authorized
to designate "Authorized Age:lIS" thereunder on Authorization Forms supplied by the Bank. FURTHER RESOLVED, that in
connection with electronic fund transfers, the Bank may from time to time (i) issue a debit card or other lICcesS device to any
Authori7.ed Representative, such debit card or other access device to be in the name of the Customer and have printed thereon the
name of the Authorized Representative, (ii) designate an Authorized Represelll3tive as the person authorized to access any funds,
redeem any points or other rewards which may be earned and pooled under the Customer's name from time to time as a result of
electronic fund transfers through use of debit cards and otber access devices issued by the Bank to Authorized Representatives,
and (iii) undertake or refrain from undertaking any and all other acts or actions with respect to electronic fund transfers
authorized under the resolutions as the Bank may deem necessary or appropriate.
9. f1JRTHER RESOLVED, that, any Authorized Representative is authorized to execute a Cash Management Agreement,
Master Repurchase Agreemem, and Sweep Service Agreement, the terms of which agreement(s) is/are hereby incorporated by
reference, by and between the Customer and the Bank.
10. FURTHER RESOLVED, that, any Authorized Representative, or such other persons as may be named by an Authorized
ll.epresentative by wrinen notice to the Bank, are authorized to place verbal orders for the purchase of RBC Bank (USA)
commercial paper, pursuant 10 the terms and conditions of the RBC Bank (USA) Unsecured Master Notes Terms set forth on
each Confirmation, which terms are incorporated herein by reference, or purchase of Repurchase Agreements for the account of
the Customer. Unless limited by its terms, the authorization of other persons to act under this paragraph 10 shall remain in effect
until a written notice signed by any Authorized Representative is received by the Bank at the same office to which the original
authorization was delivered,
II. FURTHER RESOLVED, that, any Authorized Representative is authorized to execute the Bank's Indemnity Agreement or
other agreement required by the Bank to induce Bank to replace a lost check, instrument Of security as described therein.
12. FURTHER RESOI.VED, that the Bank is authorized to obtain information from ChexSystems or any other party concerning
the Customer's previous banking deposit relationships, and the Bank may provide information to such services concerning the
Customer's accounts with the Bank.
13. FURTHER RF..sOLVED , thal, any Authorized Representative is authorized to execute a RBC Bank Online Money
Management Enrollment Agreement or other agreement for the use of either Quicken- Microsoft Moneye or Quickbooks$
software, or for use of any other internet, web banking or other online service offered from time to time by the Bank, including,
without limitation, online transfers, online bill payment and online account aggregation, Customer acknowledges that payments
and transfers of funds may be made electronically through an online network to which personal computer(s) will be connected
and that one or more access passwords andlor personal identification numbers (PINs) will be provided to or selected by an
Authorized Representative in order to control access and provide security to Customer's accounts and to the netWork system.
Further distribution and security of the access passwords and PINs will be the responsibility of that Authorized Representative.
FURTHER RESOLVED, that Customer assumes all responsibility for security of software, access passwords and PINs and
agrees [0 protect them from use by unauthorized persons, and that Customer agrees to indemnify and hold Bank barmless from
any and all damages and costs and expenses, including without limitation reasonable attomey's fees, incurred or perceived to be
incurred resulting from unauthorized internet, web banking or other online use of any of Cusromer' s accounts.
14. FURTHER RESOLVED, that this Resolution and Agreement, and each resolution herein, shall be continuing in natUre and
is within the scope and powers provided in the Customer's governing documents (whether they be anicles of incorporation,
by-laws, pannership agreement or other agreements or roles governing the Customer); that if any material change therein sball
occur or if any change in ownership or organization of the Customer shall occur, or if there shall be a change in any of the
Authorized Representatives named above, the Secretary or an Assistant Secretary (if the Customer is a corporation) or a manager
or managing parmer, agent or representative (if the Customer is other than a corporation) shall immediately certify such changes
to the Bank by submission of a new Resolution and Agreement and deposit agreement and/or signature card for any account{s)
thereby affected; that the Bank shall be fully protected in relying on such certifications and shall be indemnified and saved
harmless from any claims, demands, expenses, loss or damage, including without limitation reasonable attorney's fees, resulting
from, or growing out of, honoring such certifications or refusing to honor any notice not properly certified; that receipt of such
certification shall nOI affect any action taken by the Bank prior thereto in reliance on this Resolution and Agreement; and that in
the event of any dispute pertaining to any account(s) of the Customer, the Bank's records shall govern.
15. FURTHER RESOLVED. that, if the Customer is a corporation, the Secretary or an Assistant Secretary be, and hereby is,
authorized and directed to certify these resolutions to the Bank and further to certify that the provisions hereof are in conformity
to the Customer's chatter and by. laws ,
FOR SOLE PROPRIETORS, UNINCORPORATED ASSOCIATIONS AND OTHER TYPES
I hereby certify tbat I am the owner or a managing agent, representative or trustee of Ihe Customer named above
in this Resolution and Agreement; that the above is a true copy of resolutions duly adopted by myself or the governing
body of the Customer in accordance with procedures which have been duty adopted to govern the Customer; and that
such resolutions are in full force and effect and have not been amended or rescinded.
In witness whereof, I have hereunto set my hand and seal (on behalf of the Customer;f not an individual), this
day of
(SEAL)
Title:
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM D.
AGENDA ITEM REQUEST FORh~
Requested City Commission Date Final Form Must be Turned in Requested City Commission Date Final Form Must be Turned in
Meeting: Dates to City Clerk's Office Meeting: Dates to City Clerk's Office
i:8J December 16. 2008 December 1,2008 (Noon) D February 17,2009 February 2, 2009 (Noon)
D January 6, 2009 December 15, 2008 (Noon) D March 3, 2009 February 17,2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) D March 17.2009 March 2, 2009 (Noon)
D February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16.2009 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM t:gj Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to release the Performance Bond No. FS3866824 issued by Great American
Insurance Company for Quantum Park and Village for the Right-Of-Way work on
Gateway Blvd.
EXPLANATION: This request represents the completion of all bonded work. Finance currently holds
$75,075.00 Performance Bond. All covered work has been field reviewed and accepted.
A letter for the request dated 11/20/08 is attached.
PROGRAM IMP ACT: N/A
FISCAL IMPACT: 001-0000-220-99-00
ALTERNATIVES: N/A ~Ql
I' / /' ...... .
i, I. f / I ' o. J)L.,
i -; I, "'" oi ,.,:H .,. t.,f.l "'fc, !
.i ,- " "'....~ . ~! ',,-
, : I (j.. ;' () Department Head's Signature City Manager's Signature
J CinL-
Assistant to City Manager
Public Works/Engineering Division
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CURRENT rERFORMIINCE BONDS:
Origin:ll Rele~~M R!2'dur1inn
!;:<mlr;mQ{ ~ Suretv DJrnvanv Bond Number Q~l~ Amount Et~_so. No. ~mount D::Ite
1950 CQ~AvenuejJ,!; ~,~~~v_t1.,J_C9O!1ttJ~!!tetsectl:Q!l..!!!rnrQYfll!~ntI Travelers CflJ~!h:tS.~~o' America 1041089<;1 07"9100 2.563,000 00 :2Sf3:,.300.00 Jf3f200B
j~!l!;<>.m.~ AV""'!!>.U.Q Old BoYnton Road wklentntl from ~ '0 Bomen ~ft.W\-.IDYd..:- Travefers Ca!iumtv and Stft!tv co of Amertt:!!l~_ ~ 07119106 4,400.000_00 (Po{ ~'Jrc') 1 .
1950 Conaress A'!.~..lJ"c; ~.:LllOO! wid....... from lust W... of E-4 Conal 10 tJ!<lfLlWlIllioll!! Travefm CilSUBftv and' Surety Co of Amerk:a 104108~ 01119106 1.760.000 00
l~ress Av~J.l!; Slonal at 01<1 Bovnlon Bnd SoIne Road i_e'... D!>uB1tY Bnd S!!rn!Y..~ 191rQ~!!M 01(19106 363.000.00
1950 Cona~ Avenue-..hLC: Boynton Town CentedYl!t~ ~ Casuaftv and SurelY Co of America ~ 03/08101 113.19410
Hav@tland Blad<<nck C"p little l@ague Ban Park - Remo..,:tl of St Augustlne & lnst Bennuda Indemntty Imurance Company of North Am K05920219 0211(1(99 51.00900
HoyS1one Properties FI"Iidl!l.l.l..C. Monteverde at Renaissance CommOn! (Ph3Se 5) leJl;on In!!nJranc:e Company 1018405 09'25f06 11,774.00 rele~<;ro ll,lH{ll'J t:7">I}fln8
Hoystone Ptupertlt!!:5 F~)r1da, L.LC, Vlsfablena at Renal'!lsa~ Commons (Phase 4B) lexon Insurance Company 1018371 09125106 12,975.45
Insftufonn 1 echnologle$, loe Imdtufonn Unlng Process and la1erals - NE 1 lo & Ch~pel Hili BI...d CAN INlur1IInCJl!! Companies g2g243494 f3Ull500
Interstate Engln2elino Corp 15,OOQ Gsllon Sodium Hydroxide Bulk Storage Tank Inll!matlonal Fidelity Insurance Company NEIFSU03012eO 06/2210 , 60,800.00
Int@mate EngIneering Corp West Water Treatment. Plant Improvement! Phase IV Western Surety Company 920404144 09118106 4,916,511,00
JMW CoMtrudlon Corp Open-Air Amphitheater god Restroom! gt 1913 Old Sdloolhouse Grl!gt American IrnJUf'anee Comp:tJ1Y 3440ge9 0012 7100 120,700 00
J, R9Wf1 ent@rprf!~, Inc:. Replacement or Boynfon Beach lHeguard Towers Develo.om Surety & Indemnity Company 534064P 10123100 103,36500
Johmon...Davf!, Ine: Hypoluxo ROad Water UUlltles Improvements 5afeaJ 'm;uraoee Co of Amer1ca 5942599 00/24/99 110,000.00
Lawrence F~nce Corpt::lratlon Alumll1Um Fence at Boyrdon Bf!ach Memorial Cemetery CQnlracfnrs Bonding Bnd fns"",""" ComV'ny MB3292 091'28'00 62,563.00
Rlduud M30dnl Equlpm@f1\ Company INCA Stmmw31ef Mangmt Impmv & Watennaln Replac - Pro). STM021fVV1R118 Western Surety Company 929361551 01120105 <t,130,007.00
M~n8 Engmeertn9 Ct,fll:radoJ!, loe Twenty Outfall Stomrwaler Improvement Auto-Own~ Insurance Company f(l(5!l103 514.040.00
Martne Englnl!f!ring CmwadoB, Inc Fluoride Systenis at East & WI!Sf Treatment Plants RlIlMur8nee Company SSB305032 fllO!lIOO 219.5O!I.00
Mllrk Tomberv, Inc New Pump, Wen and 'niDation System at Sara Sims Park Preferred Natfottallnsuranc:e COmpany X 01914 42.322 82
Megan South. loe Sean", Estates Water Matn Repl8C@ment Unoed Slot.. FIde111y end Gtianmly Comp.ny Sf.51l6S 0"28102 928.652.00
Megan South. roc E.st Water Treatmonl PIanI- P",...IJJ UnOed Slat.. Fldenly and GuanIfIIy Companv SH5664 01128102 153.200.00
Mora '=.ngineering Contratlor3, loe Industrtal Avt!llUe Corrldor Slormwater Improvement Prolecgt North Amf!ftcan Spedatty Insurance Company 188400 01102102 2,5fO.104.50
Mora EngIneering Col1tradms. Ine NE 17 Aye Area Sbnmwater Improves & Wafer Main Replacement Hartford "fre Insurance Company 35BCSCLfl405 05/04104 1.711.9fl 00
Mora Englneerlnp Contractms, Inc Forest P.rl\ Elemental)' School Hartford f=lre 'murance Comp!lny 3Sbcsdr584 7 O2I04IU8 32.48000
Motorola. Inc Fumtshlng afld Instamng Mobffe Data Communlcatlons System Satero 'mutanee Company 0' Amerh:a 593118 05111198 262.000.00
Murton Roofing Cotp. Reroof ponce Pistol Ranoe Safero lf15lwance Company of America 812B155-oo18 OS/21/03 32,311.00
HW Sign Industri~, Ifle V:.rious 1 raveler.l Ca~u:Jhy and Surety Company 105005094 o 1109/08 4Q,385 00
t J~ CentUfY Boynton Om~ O~~loptnent III r Estmes m Heritage Club Lexon Insurance Company 1005913 Ol121l108 528.233.00
H~ C~ury Boynton Om! De\l~lopment UlP E'I'M~ :It Hl!rnage C1ub l~on IMurance Company 10059H 011'28108 22.000 00
NewpM Builders. Inc Pence Park Restroom ProJect" Galaxy Peril; Dugouts North American Spedafty Insuranc1"l Company f787118 01/04102 Pa,!~oo. 00
O'CollflOr ~ 1 aylor, In:': r\r@ St:rtJon 1t4 United StMes Fire Insurance Company 6102390018 04126/04 1.B88.000.00
t'lerce Manufacturing Ine: f'le~ Enforcer PutT1~ 1 raveleB C~ualty and Surety Company 104087*383 06130103 320,2g3.00
"'em! Manufadurfng Inc Plr!m! Oash Skyboom 1 ravelers CaSU8fty and Surety Conlpanv 103871866 10118102 555.142.00
t:'lerce Manufacturing lne Plp.rce Sabl'!f Encore Travelers Dtsuatty and Surety Company 103233951 12128/99 232.199.00
PremIer Geteway CeHfer M QuaflfUlllllP Quanfum Park l[Jfs 73A . 7R Uncal" General Jns:t.nanee Company SUR010158 07108104 151,412.00 reletl5M "" ';12 qn
Quanflnn Parf.: ^ V",ag~, LLC ~atewa Blvd (Quantum PaJk) Gf~ Amerlcan In!fumnce Company FS38116824 04/04101 75.075.00
R~pllbllc: ConstJudlofl & Den!lopment Cutp Elelll-'~ter t"ur-t.: Br~ell!W3y Hartford C3Su31ty fost.fl1JfJCf! Company 2fBCSAleoo2 03112101 ~15,OOO 00
rUM Builders, Inc: ET.ell Hester Pal1t Footbah Field f't1!S-~ho!l: Lyndon Property losur;loce Company CSB 020 221 06/19102 166,03000
~('Igp.r Allison f"alnl.ltlO. Inf: PalnUng Water and Wastewater rlpenne~ Western Surety Compsny 89195164 07lHlfOJ 38,OOCtoo
Sl?~bp~ 8I1ild..I~. 11le-. Bo~ Club Par....: Restroom~enovaUon We-Stem Surety Company 69737729 41"200-4 '08.820.00 ?r?I,?OI'-~ lflAJ:t?fl f"or) -"..,(},-
Seled CordractlllQ, h'c 1wo Pre-Engln~red Metal Bulldlng~ Great Ame1ican rnsurance Company 51'J14399 05'03/0 1 199,708.00
Sp_e...~onl~ Construrtltl'1 Cr> 10<': library ~panslonfremodellrq Hartford fire IMurant:e Companv 21BCSCrnt9:<;o OOf27104 .~ 121,.8".00
Slp~. Inr. So Congress Av Medians #511. S-18 - land~cape & Illig~lon The Mountbatten SIJI1!ty Company. Ine CANF-OOQ1e9- pp 02118100 f04,904.00
Slg~, In'" So Congress Av MedlaM fiST - 11510. Landscape & Infgatlon Amwe~t Surety Ins:UI1IflCe Company 128000051 041U1f99 62,594 00
Smith" Company, '" c Roadwaylmpmvement! for Gateway Blvd (N Seacrest Blvd to US 1) American Home MSurance Company MI2I!199 1.838.92406
$outtH'!a.'l1 Drilling S~f"\Itrp". Illr E.::Ist Plant E.lI'p3MIon Test Wells and Aquller Stor~e & Reco...",TY Well Twn Western Surely Compgny 929352865 04114/lJ5 5.72'3,035.00
South rlorida UtJlllle!;, 'fie Master un Station RehablllfatJon LIft Stallon!'; 309 & 356 The Insurance CrlmpRI1y of lhf!l St~e of PA P.A.5861S6 09/f!ll97 57,507.00
Sp~de.,; Con~t",dors, Ine Senior Center Ph II Interior R.er1(wat)of1!; Nova Casuahy Company 39290 12123'03 86,866.00
Sf. AndreVf'5 Club, 'rle Sl And~ C'ubhome' - lJlmty relocatJon oJ water llne~ Platte Rlv!!'r IMllOIf1C:l! Compnny -40087751 05118106 18.040_00
Stl1e~ Corporallon (dha SlUes Landscape Co) I ands~pe Malntem'lnC8 Natfonal Fire Instlf1tflCf! Company of Hartford 92:9272514 12/0:1'02 120,46050
SflIes CorporatIon (dtla Stiles landscape CoJ landSOlpe M8'nteft~ Great American Insurance Company 592 06c 12 , 0/'26/00 f88,228.oo
Sllllh/:In Electric: eud Pump, IHe VertlH!l1 Turbll1e Variable Speed Prefabricated Pump Station Contradors Bonding 8tJd Imursnce Company M84854 02126/03 64,41300
~lIfphell r-Ol'plJrnflnn fIre ladder 7tuck Uberty Mutuallnsurant@ Company 014.032-53~ 12/27/06 "39,45324
TCGsOuthFJorlda{~I'UbO'AJ&J'L . RlghlotWayPermll H8rtfOrdFIre'~ComdienY 10B$BCQD351 12J1Of03 25000.00
"f11!r1l!l!!I!!t~f1hJ"""""'f "'-. 'l>'ri'~';;~~!l'lIl!J\l'!i"~,,,,=,'~~~'_:-~'~~~l~k,",,,h.w.~~.......-,,,...,.,,.!'.'!!!!L."",!Y!'''''~''''f.''m~~~'I'''''''''! ~'f~~~,~$,'r~!tIi~ill1l1"RM'iRJ'C,,"'l'[":""~m:;~oo;W'1"""lli25I;li""
1 h~r,"a Seal Roof S'(~ft:!m, Inc CI1y of Iloyrrtoo Be2m Ro. roonog United Co.uafty & Surely Insur.mce Company 5481 l1fQ~1OA 197,92500
1111'V11 i\ Country Bulk1el~, hIe Ren~I!;!ance Common!! l~nP~p~l~eComp~y SRe 1000592 12130103 2,5,700,20 r. <; 'tJ.rl .~"
I ON" " Collllfry Bu1l11!"r!'o, Illr:: Rtmalse;ancp. f".-nrnmons f"l1asl"! 1A ~ In rld!""'y & Oeposit Company of M;!Ilyland 81804.39 03/03105 43,001.75
'~m l~nrJo:;ralJlllg Cmr l ~fldsa:lpe M::IITlten~nc(> WF'sWeld 1n..''Wfanre Company S9493~1 17'1/0102 43';,e~6 10
.,nl ::1flrl<:r:lrl,,<) 'nn~ i. rinrl"lcatl!! M~l"ten~nc'" f'~lIf Fire and Marine In~\trJ'tllc" r{ll!lr~l!1y 400SM ~:7n In/l0/fm 215.262 (10
r"~;I,tI'>Q 1fI'l1Cl'l",t 'V!I lrl";->ln:< '.1 ~ I:-n: ,10; Uk H.,,;~r." :-11' ;If MotU8' 1(l4;ur!ln(~ Cmnp;'?(ly SlJT7.J;OI\<i .1 ~ !'Ill;"; !)n
November 20, 2008
Mr. Dennis Preite
City of Boynton Beach Engineering Dept.
100 East Boynton Beach Blvd.
Boynton Beach, FL 33437
RE: Petition to Release Performance Bond No. FS3866824
Quantum Town Centre, LLC. f.k.a. Quantum Park & Village, LLC
1044 Gateway Blvd., Boynton Beach, FL 33426
Dear Mr. Preite:
Thank you for taking the time to review our Nov-04-08 e-mail.
As suggested, we would like to submit this letter as owner's formal petition for
the release of Performance Bond No. FSJ-86'6824 for $75,0'75 issued on April 4,
2007 by Great American Insurance Company for the project known as Quantum
Town Centre, LLC. f.k.a. Quantum Park & Village, LLC.
This petition is subsequent to the completion of the Quantum Town Centre
improvements set forth via Right-of-Way permit # E07-005.
Please feel free to contact me at the letterhead address or vIa e-mail at
srendonuv'olenproperties.com should you have any questions or require further
information.
Sincerely,
QUANTUM TOWN CENTRE, LLC
c55~ ?wbc
Shei la Rendon
Construction Adm inistrator
Florida Region
1ST
I:\SHEILA\QUANTUM\Town Centre\Bonds\Preite Req x Bond Release - 112008.DOC
cc; project file
1 062 Cor a I Rid 9 e Dr i v e . Cor a I Springs, Florida 33071
[954 ) 340-4904 . rax [954 ) 344-4608
www. 0 I e n proD e r tie s. com
~X1:IIB1T "N-3"
C;.J)R, Chap. i, P....I_L. 1. Sec. 3.3.::
(l....DR, Chap. -:' .~-: I:, Se:. -:
PERFORM.A...r..J' CE BOND B:n1 th.: :rs3866824
Pr:aoiun: $1 r 'On . 00
K..NOW .ALL lvfEN BY THESE PRESENTS:
That [IJ [we), Q.Enb;rn Fal:k & Vill.ag;., lIC h::r6nafi=r call
PRINClP AL, and Great lmri.a3n lrB.:II:an:E Cbrt;any , a surety company authorized t::l do
business in the State of Florida, hereinafter referred to as SUREIT, are held and firmly bound
unto the City of Boynton Beach., a political subdivision of the State of Florida, hereinafter called
CITY, the full andjust sum of SSSlty-fiv-: tl1::1.Earrl ~-five U. S. Dollars ($ 75,075{fJ
bwful money of the Unitcd States of America, to be paid to the City of BoyntOD Beach, [0 which
payment will and truly be made, we bind ourselves, our heirs, cxecuto:s, adm.inistrators,
succ::ssors and assigns, jointly and sev;rally, firmly by these presents:
[WHEREAS, the above bound'PRINCIP AI. has received ;jrml"C\val from the CITY lor the
recording of a certain subdivision plat known as *(533 l:el.c:w).__ ____._, , and ~c~
recording is prior to completion of construction of the Required Improvements as prescribed by
the Subdivlsion, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6
respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the
REGULATIONS, pertaiDingto said subdivision;] or
[WHEREAS, the above bound p~~ [~~approval from the CITY for the
construction of a certain proj e:ct known as ~ Bl~ , and such pro j eet
shall construct and install the required public imprOvements to support the Project purSU<lDt to th=
terms of me Permit,J and
\VHEREAS, PRINCIPAL has been issued that certain [Rioht-of-W3:v
Permit] [Land Development PcnnitJ Number E-07-005 . hereinafter the PERMIT, for
constrUction of said RcquircdImprovements, a copy of which is attached hereto and by reference
made a part hereof; and
WHEREAS, it was .one of the conditions of.said REGULATIONS and PERMIT that this
bond be executed.
NOW, THEREFORE, the conditions of this obligation arc such that if the above bound
PRINClP At shall in all respects comply or cause others to comply with the terms and conditions
of said PERMIT, within the time specified, and shan in every resp~t fulfill [its][hisJ[herJ[th:irJ
obligation thereunder and under the plans therein referred to, then this obligation to b~ void;
otherwise, it shall remain in full force and effect.
"Ua:tun PaI:k at Iqdxn B:Er:h, P .LD., Plat lib. 6 a:rl 9 as L.... I I' B' in P1athx:k '57 r :EB.J2 192
of p:blic ,... I ..~ of Palm 0:ed1 ~r F.la::iih.
Page 1 of 4 pag::,
,
The PRINClP A..L .and CITY agree that !be City Engineer may, in writing, reduce the
initial amount stated above in accordance with the requirements of said REGULA...TIONS.
The SURETY UNCONDITIONAlLY COV'ENA.'N1S AND AGREES that if the
PPJNCIP AL fails to perform all or any pan of the construction work required by said PERMIT
and REGULA-TIONS within the time specified., the SURETY, upon thirty (30) days written
notice from the CITY or its authorized agent or officer, of the default, to the PRll'KIP AL or its
authorized agent or officer, will forthwith perform and complete the aforesaid construction work
and pay the cost thereof, including, but not limited to, engineering, legal, and contingent costs,
together with any damages either direct or consequential. Should the SURETY fail OT refuse to
perform and complete the said improvements. CITY, in view of the public interest., healIh, safety
and welfare factors involved and the inducement in approving and filing the said plat, sh.all have
the right to resort to any and all legal remedies against the PRmCIP AL and/or SURETY, or both
at law and in equity including specifically the specific performance, to which the PRJ1'.l'CIP AL
and SURETY unconditionally agree.
The PRINCIP AI. AND SURETI FURTHER JOINTLY AND SEVERALLY AGREE
that the CITY, at its option, shall have the right to construct or, pursuant to public advertisement
and receipt of bids, cause to be constructed the aforesaid improvements in case the PRlNCIP Al.
should fail or refuse to do so in accordance with the terms of said PERMIT. In. the event CITY
should oxercise and give effect to such right, the PRINCn> AL and SUREIT shall be jointly and
severally liable hereunder to reimburse the C~ the total cost thereof, including but not limitec?-:.
to, engineering, legfJl, and contingent costs, togeth=r with any damages, either direct or
consequential. which may be sustained on account of the. fr41ure of the PRlNClP..t\L to carry out
and execute all the. obligations for construction of R;equired Improvements pursuant to the
REGULATIONS and PERMIT.
IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this ~ day of
In:il , 2ooL.
'. "
(CORPORATE'SEAL) . ~ l)Q rdu m ~P.J:... ~ lh }/a~ t., L L(!.
La Florida cOIpomtion][a corporation,
licensed to d usiness in Florida]
t/s:O (7
-- ..- . . .
ATTEST:
'-'.r~--'~' ..-
(1"npressionable corporate seal)
Pag: 2 'of 4 P&ges
-t.JJDRESS:
-,
STATE OF Ho e ,cia. )
COUNT{ OF ~Q..J. r1 'J
BEFORE ME personally appeared ~(;)b (Llrl <:::0. -/-.11-\ t wno is personaUy
known to me, or has produced as identification, and who ~xe;::utec
the foregoing instIUInent as [Vice] President of (Q ulI.rr+l.ln'\ ~ltl<:. f Vr He;,< I L.L.e, a corporation, and
sevc:rally acknowledged to and before me that [heJ[sheJ execllted such instrwnent as sllch officer
of said corporatio~ and that the seal affixed to the foregoing instrument is the corporate seal of
said corporation and that it was affixed to said instrument by due and regular corporate authority.
and that instrument is the free act and deed of said corporation.
WTnJESS my hand and official seal this 41ft- day of Ape-i! .20D7.
C\jluL ~~
My commission expires:
No Public
I~Y ~ Sheila Rendon
. ~ ; My Commission 00224716 (Seal)
\o.;::/' Expires September 26.2007
-OR-
(INDIVIDUAL PRINCIP AL)
WITNESS: BY:
.t>J)DRESS:
(SURETY SIGNATURE SLOCK)
WITNESS: ~~~~~n'
BY: -c- - ~ ' ~ . _.
Jdn G. ~....93:Es ~~ a~ -In-La:::.
(power of anornoy musT be ana.cned;
Ioi.cE Jalarrlra
Page:' of 4 pag::s
-
ADDRESS:
STATE OF )
COUNTY OF )
BEFORE !vfE personally appeared (print name) who[is} [areJ
personally known to me Dr [has}[have] produced [and .
respectively] as identific:ltion, and who executed the foregoing instrument, and acknowledged
before me that [hc}[she][they] executed said instrument for the purpose expressed therein.
WITNESS my hand and official seal this day of ,20~
My commission expires: ( signature)
Notary Public
(Seal)
Pag~ 4 of 4 pag:s
"_~__'_______h....__n_______..._..______.____,._._. __ .n_n'.....'..________.
ACKNOWLEDGMENT
State of California
County of Orange
On April 4, 2007 before me, Jefferey W. Purs~ey, Notary Public, personally
appeared John G. Kookootsedes, personally know to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on this instrument the person or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signatu~
n -- - - l.-.----~-~~---I
~ JEFFEREYW. PURSLEY
. CommIssion /I 1676377
I Notary PUblic . Cel/lamIa ~
Orange County
j _ _ ~ ~:o:m~~J~'~2~al)
.
-
GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202. 513-369-5000. FAX 513.723-2740
The number of persons authorized by
this power of attorney is not more than TWO No.O 14121
POWER OF A TIORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT A1v.IERlCAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of1l1e laws of the State of Ohio, does hereby Dominae, constitute and appoint the person or persons named below its true and lawful
attorneyin-fact, for i1 and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of
suretyship, or other written obligations in the nature thereof; provided 1hat the liability of the said Company on any such bond, undertaking or contract of
suretyship executed under this anthority shall not exceed the liIIit swed below.
Name Address Limit of Power
JOHN G. KOOKOOTSEDES BOTH OF BOrn
JAMES G. BRAKKE LAGUNA NIGUEL, $75,000,000.00
CAL1FORlA
This Power of Attorney Ievokes all previous powers issued in behalf of the attorney(srin-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers md its corporate seal hereunto affixed this 26"' day of. MAY, 2006.
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-369-3811l
On this 2~ day of MAY ,2006, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn,
deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice Presidett of the Bond Division of Great American Insurance
Company, the Company described in and which executed the above instrument; that be knows the seal of the said Company; 1I1at the seal affIxed to the said
instrument is such corporate seal; 1hat it was so affixed by authority of his office under 1heBy-Laws of said Company, and that he signed his name thereto by
like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated March I, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and .A.tsistant Vice Presidents, or any one of them, be and hereby is
authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and
contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their author.ity; and to
revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the qforesaid officers and any Secretary or ksistant Secretary of the
Company may be qffixed by facsImile to any pawer of attorney or certificate of either givenfor the execution of any bond, undertaking, contract or suretyship,
or other written obligation in the natvre thereof. such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affu:ed.
CERTIFlCA nON
I, RONALD C. HAYES, AssistantSe=>.ary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Board O'fDirc:...'1Xlrs of March I, 1993 have not been revoked and are now in full force and effect.
Signed and sealed:his 4th day of, Ap::il, '2J:JJ7 ,
S 1029T (11101)
Conley, Rosanna
-..-.-----.-------.-. ,- -".
From: Conley, Rosanna
Sent: Thursday, November 20, 200B 4:19 PM
To: Preite, Dennis
Subject: ROW bond for Quantum Park and Village
Shiela Rendon is sending us a letter requesting the release of bond. Once we receive the letter, we can proceed
I put all the papers back on your desk.
Rosanna
11/20/2008
-
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION ""'..... ,~-.."
MEMORANDUM NO. 07-043 (/ (' .'\
( ~:Y
\,
-.--...-
TO: Bill Mummert, Finance Director --\
, ~
: ) r ~,
-- I
FROM: Dennis Preite, Eng. Tech J
)
DATE: April 5, 2007 -/.
"~._"'.' -,._p' ~~""~---
SUBJECT: Permit Fees and Performance Bond for Right-of-Way
Quantum Park and Village - Gateway Blvd
Leighton McGinn - Olen Properties
Attached please find check No. 17801 in the amount of $2,072.50 on a business check issued by Bank of
America. This check represents the cost of a Right-of-Way permit for drainage work on Gateway Blvd for
Permit # E-07-005. Also attached please find Performance Bond# ES3866824 for $75,075.00 for the
Right-of -way work on Gateway Blvd for Quantum Park and Village.
r'lease deposit in the appropriate account :1.:~ t!/16
~N t~1
Attachment: $2,072.50
A tJtb', 0'~ (,,/!r ~1)lYN
Xc: Dennis Preite, Eng. Tech {)f- ~kNVtM-1 -(trWN- ~
File WfsG VV~t--l6 tAl~ ~
~rJf-r ~~lV6DA-~
fol2- -V~ (9MA1 L- ~ ~ %')
~T tN.~ 1"0-A~
~;S~~GOF~
~;1G 0'1500 ~~~
.?L-~~e ~ ~~ ~~
~tG~NG~
1'0 'B6' ~E' .~54.71o .490f-
S:\Engineering\ Memorandums\Memorandums 2007\07-043 PREITE Gateway Blvd 01en & Leighton McGinn.doc
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
""
MEMORANDUM NO. 07-043 .----. t,;;.,--
TO: Bill Mummert, Finance Director
FROM: Dennis Preite, Eng. Tech
DATE: April 5,2007
SUBJECT: Permit Fees and Performance Bond for Right-of-Way
Quantum Park and Village - Gateway Blvd
Leighton McGinn - Glen Properties
Attached please find check No. 17801 in the amount of $2,072.50 on a business check issued by Bank of
America. This check represents the cost of a Right-of-Way permit for drainage work on Gateway Blvd for
Permit # E-07-005. Also attached please find Performance Bond# ES3866824 for $75,075.00 for the
Right-of -way work on Gateway Blvd for Quantum Park and Village.
Please deposit in the appropriate account.
Attachment: $2,072.50
Xc: Dennis Preite, Eng. Tech
File
S:\Engineering\ MemorandumslMemorandums 2007\07-043 PRElTE Gateway Blvd OJen & Leighton McGinn.doc
Right-, - ot - .eenmt rage 1 01';'
Wilson, Grace'
From: Sheila Rendon [Srendon@olenproperties.com]
., Tuesday, November 18, 20082:31 PM
To: Wilson, Grace
Subject: FW: Quantum Town Centre: Performance Bond No. FS3866824
Grace,
As per our earlier conversation below are our previous petitions for the release of Performance Bond # FS3866824.
Your response and assistance is much appreciated.
Regards,
Sheila Rendon
Construction Administrator
OLEN DEVELOPMENT CORP.
1062 Coral Ridge Drive
Coral Springs, FL 33071
(954)340-4904- Direct
(954)344-4608- Fax
srendon@olenp-roperties.com
www,olenproperties.com
From: Sheila Rendon
Sent: Wednesday, November 12, 20082:43 PM
To: PreiteD@ci.boynton-beach.f1.us
Subject: FW: Quantum Town Centre: Performance Bond No. FS3866824
GC''"'rt Afternoon Mr. Preite,
A ~ntioned in earlier telephone message, we would like to petition the release of the aforementioned bond.
Yo,-,! review and response will be much appreciated,
Thank you,
Sheila Rendon
Construction Administrator
OLEN DEVELOPMENT CORP.
1062 Coral Ridge Drive
Coral Springs, FL 33071
(954)340-4904- Direct
(954)344-4608- Fax
srendon@olen properties. com
www.olenproperties.com
From: Sheila Rendon
Sent: Tuesday, November 04,2008 11:41 AM
To: Preite, Dennis
Subject: RE: Quantum Town Centre: Performance Bond No. FS3866824
Good Morning Mr. Preite,
Hope this e-mail fmds you well.
The purpose of our message is to petition the release of Performance Bond # FS3866824 issued on 04/04/07 as
condition to Right-of-Way Permit # E-07-005 for the removing and installation of catch basins and manholes at 1044
Gateway Blvd.
If you would, please consider our petition and share your comments.
A ~ -ryy of the aforementioned bond is attached for your ease of reference.
T!_ ..k you,
Sheila Rendon
Construction Administrator
11/1812008
r'"0.dU~ - 'l..-Jl - 1. \...-lijJi
OLEN DEVELOPMENT CORP.
1062 Coral Ridge Drive
Coral Springs, FL 3307]
(954)340-4904- Direct
(954)344-4608- Fax
srendon0mlenproperties. com
www.olenpropenies.com
--'-'.--...,- -..._~--'---, ---'-.
From: Preite, Dennis [mailto:PreiteD@ci.boynton-beach.fLus]
Sent: friday, March 23, 2007 2:04 PM
To: Sheila Rendon
Subject: Right - of - Permit
Shelly,
Here are the forms you need if you any questions please call me at (561) 742-6981 or Laurinda Logan at (561) 742-6982
Dennis Preite
<<hdbk sec n-1, Ltr. of Credit.doc>> <<hdbk sec n-2, Cash Bond.doc>>
11/18/2008
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM E. <
AGENDA ITEM REQUEST FORlVI
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 Meeting Dates in to City Clerk's Office
[;8J December 16, 2008 December I, 2008 (Noon) D February 17, 2009 February 2, 2009 (Noon)
D January 6, 2009 D March 3, 2009 2
December 15,2008 (Noon) February 17, 2009 (Noon155 ~~
--.. .
-4.<,
D January 20, 2009 D March 17, 2009 0 -<~
January 5, 2009 (Noon) March 2, 2009 (Noon) rr1 n"'l'!l
" n ~
D April 7, 2009 I
D February 3, 2009 January 19,2009 (Noon) March 16,2009 (Noon) N ?W-<::
:X,S
.." vi~
:x o~
D Announcements/Presentations D City Manager's Report ~ .
D - <
NATURE OF D Administrative New Business .
AGENDA ITEM [;8J Consent Agenda D Legal :t:
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month
of November 2008.
EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b,
which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute
a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities,
and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City
Manager.
PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement
of commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager.
FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the
organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead
of processing for approval, a d allow for more timely purchases to be made. ~
Department Head s Signature City Manager's Signature
^ ~ Assistant to CiW Manager ~
(!,4~-pm,~~,1?.Y-<-' ~ tm~~
Cify Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
. CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR NOVEMBER 2008
1. Vendor: ADT SECURITY Purchase Amount: $20.912.0C
Requesting Department: ENGINEERING Contact Person: KEVIN RAMSEY
Date: 11/25/08
Brief Description of Purchase:
CONTINUATION OF ADT SERVICES REQUIRED TO SECURE FIRE STATION #5
Source for Purchase: GSA CONTRACT #35F-0143R Fund Source: 305-4118-580.62-01
2 Vendor: DA VCO ELECTRIC CONTRACTORS Purchase Amount: $19,875.00
Requesting Department: PUBLIC WORKS Contact Person: PAULA LEBLANC
Date: 11/25/08
Brief Description of Purchase:
RENOVATIONS TO ELECTRIC FOR GENERATOR FUEL TANK
Source for Purchase: SCHOOL BOARD BID 06C-41J Fund Source: 302-4199-580.62-01
I
3 Vendor: DELL MARKETING LP Purchase Amount: $13,362.00
Requesting Department: POLICE Contact Person: DOUG SOLOMON
Date: 11 /12/08
I Brief Description of Purchase:
i
(6) DELL PRECISION T7400 MINI TOWERS, QUAD CORE, XEON PROC
Source for Purchase: STATE CONTRACT 250-040-08-01 Fund Source: 691-5000-590.01-27
4 Vendor: JEFFREY ALLEN, INC. Purchase Amount: $24,570.00
Requesting Department: GOLF COURSE Contact Person: DAN HAGER
Date: 11/4/08
Brief Description of Purchase:
(180) GOLF US 12 VOLT GOLF BATTERIES
,
Source for Purchase: QUOTES Fund Source: 411-2910-572-52.75
5 Vendor: NOLEN'S CONSTRUCTION, INC. Purchase Amount: $21,813.00
Requesting Department: RECREATION & PARKS Contact Person: WALL Y MAJORS
Date: 11/25/08
Brief Description of Purchase:
REMOVE EXISTING BAHAMA SHUTTERS AND REPLACE WITH IMPACT RATED BAHAMA SHUTTERS
, Source for Purchase: QUOTES Fund Source: 302-4111-580.62-01
I
Page 1
PURCHASE ORDER
~ CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD P.O. #: 090605
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/25/08
VENDOR 8827
SHIP TO:
TO: ADT SECURITY SERVICE INC. City of Boynton Beach
7818 PHILIPS HIGHWAY FIRE STATION NO. 5
JACKSONVILLE, FL 33435 2080 HIGH RIDGE ROAD
BOYNTON BEACH, FL 33426
REQUISITION NO. 47756 ORDERING DEPARTMENT: ENGINEERING INQUIRIES REGARDING
PURCHASE ORDER CALL
DA TE NEEDED: BID NO: COMMISSION APPROVED: (561)742.6310
. EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 1. 00 EA ACCESS CONTROL SYSTEM - WINPAK 945.0000 945.00
SOFTWARE
2 4.00 EA NORTHERN N-1000-IV ACCESS CONTROL 2169.7500 8679.00
PANELS WITH
SOFTWARE. (quantity - 4)
3 1.00 EA LANSRL 100 WITH 485 CONNECTION 721.0000 721.00
CARD
'% 2.00 EA AL600UL POWER SUPPLIES 314.5000 629.00
5 2.00 EA BATTERY 12V 7AH 16.0000 32.00
6 1. 00 EA LOT CABLE 1578.0000 1578.00
7 1.00 JOB DRAWINGS 150.0000 150.00
8 1. 00 JOB LABOR (CONNECTIONS TO LOCK, WIRE 8178.0000 8178.00
RUNS, PROGRAMMING
REMARKS:
Continuation of ADT services required to secure
:Fire Station 5.
For additional information/please contact
Kevin Ramsey, project Manager.
PROCUREMENT SERVICES: dtft P.O, TOTAL:
;:. -JNT NO. PROJECT
-4118-580.62-01 CP0645 20912.00
PURCHASING
PURCHASE ORDER
..--.... CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEV ARD
P.O. BOX 310 .. ..
BOYNTON BEACH, FLORIDA 33425-0310 =.ATE:
VENDOR 787
SHIP TO:
TO: DAVCO ELECTRICAL CONTRACTORS::: ':::i t:y of Boynton Beach
4885 PARK RIDGE ROAD PUBLIC WORKS DEPARTMENT
BOYNTON BEACH, FL 33426 2:22 N.E. 9TH AVENUE
BOYNTON BEACH, FL 33435
REQUISITION NO. 47771 ORDERING DEPARTMENT: PUBLIC WORKS/AM
DA TE NEEDED: BID NO: COMMISSION APPROVED:
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 19875.00 EA RENOVATIONS TO ELETRIC FOR 1.0000 198cc,:, ..
GENERATOR FUEL TANK
REMARKS:
piggy-back PBe School Board Bid no. 06C-41J
Per quote dated October 17, 2008.
PROCUREMENT SERVICES: P,O. TOTAL: :'..9875.00
ACCOUNT NO. PROJECT
302-4199-580.62-01 CP0809 19875.00
.- -~-~_._.'-------
_11___'.11. _..._
\ PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
\ PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310 P.O. #: 090559
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/12/0B
VENDOR 7736
SHIP TO:
TO: DELL MARKETING LP City of Boynton Beach
ONE DELL WAY POLICE DEPARTMENT
ROUND ROCK, TX 78682 100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
REQUISITION NO. 47700 ORDERING DEPARTMENT: POLICE INQUIRIES REGARDING
I COMMISSION APPROVED: PURCHASE ORDER CALL
DATE NEEDED: BID NO: (561)742.6310
, EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 6.00 EA 6-DELL PRECISION T7400 2227.0000 13362.00
MINI-TOWER, QUAD cORE, XEON
PROC. E5410, 2.33 8HZ/ 2X 6MB
LA2CACHE, 1333 MHZ
****8TATE CONTRACT
#250-040--08-01*****
****J?L8. RETURN PO TO PD* * * **
QUOTE #456674404 DATED 10/29/0B
ATTACHED
DELL
ONE DELL WAY
ROUND ROCK, TX. 78682
PROCUREMENT SERVICES: P.O. TOTAL: 13362.00
CCOUNT NO.
691-5000-590.01-27 13362.00
PURCHASING
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDIJM
-"------.--------.---.-
TO: Chief lmmler DATE: 11 '04/2008 FTl E
SUBJECT Ne\v Computers for Dispatch
FROM: Doug Solomon REFERENCES:
ENCLOSURES:
____m___._.____.
Attached is a quote for Dell Precision T7400 Mini Tower in the amount of $2,227.00. I respectfully request
that we purchase 6 of these systems for Communications for use by the 911 Dispatchers. The total amount of
this purchase will be $13,362.00 and I would like to take this from our 1250 account.
I originally planned on replacing these 6 systems next budget year but over the past month, \ve have
experienced a number of hardware and software support calls on these computers. Due to recent software
upgrades, these computers are now expected to do more, including FCIC lookups, messaging, mapping, voice
recording and playback, and of course Computer Aided Dispatching. This has resulted in frequent computer
lockups and an overall degradation of performance, which we obviously want to avoid when answering 91 I
calls. This is not to say that we have not gotten satisfactory performance out of the computers, especially when
you consider they have been running 24/7 for the past 2 years. In fact, the existing computers that are in use in
Dispatch are still under warranty, and I will recycle them for use here in the Police Department.
There are a number of advantages to upgrading to the proposed systems. These systems are high perfOTIllanCe
workstations, specifically designed for such heavy workloads. Additionally, I have ordered these systems with
upgraded video cards that have the capacity to attach up to 4 monitors to them. Right now tbe Dispatchers are
required to monitor so many different systems (Main CAD Console, FCIC, Unit Status Screen, Map of Active
Calls, Car to Car Messaging, and Voice/Radio Traffic Recorder), they are forced to place some screens on top
of others. Having the ability to attach up to 4 monitors will let us display all the information Dispatch is
required to monitor, as well as putting us in a position to handle the growth that is inevitable as we move into a
new building, the City grows, the Department grows, and technology changes.
PURCHASE ORDER
---.. CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD P.O. #: 090542
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/04/08
VENDOR 9668
SHIP TO:
TO: JEFFREY ALLEN, INC. City of Boynton Beach
P.O. BOX 1520 THE LINKS AT BOYNTON BCH
BRADENTON, FL 34206 8020 JOG ROAD
BOYNTON BEACH, FL 33437
REQUISITION NO. 47663 ORDERING DEPARTMENT: GOLF COURSE INQUIRIES REGARDING
I COMMISSION APPROVED: PURCHASE ORDER CALL
DATE NEEDED: BID NO: (561 )742.6310
.
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 180.00 EA US 12 VOLT GOLF BATTERIES 150.0000 27000.00
2 180.00-EA CORE JUNK REFUND 15.0000 2700.00-
3 180.00 EA FEE 1.5000 270.00
REMARKS:
Includes the removal of old batteries and the
installation of the new batteries.
PROCUREMENT SERVICES: P.O. TOTAL: 24570.00
.CCOUNT NO. PROJECT
411-2910-572.52-75 24570.00
PI JRr.HA~INC:;
Golf Course Memorandum # 08-07
To: Kurt Bressner, City Manager r, In,
p,
~ lO08 ,-' --,'.
Thru: Lori LaVerriere, Assistant City Manager
From: Dan Hager, Manager of Golf Operations ~~
Date: October 30,2008
Re: Golf Car Battery Purchase Phase Two
This request is for phase two of the two-phase installation of our golf car
batteries. This process will meet Club Car factory recommendations for the
~i~t break-in procedure to maximize the life of the batteries.
,il.llii:i;~,l,
I';,. ,w""'j!~tentatively scheduled the actual installation of these batteries for
.".. . ';". r 1 ih, 2008 so that the supplier, Jeffrey Allen, Inc., will have that
hand and his staff available for delivery.
one, the volume of (180) 12-volt batteries will be purchased. This
attains the maximum discount available for quantity purchase.
~
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD P.O. #: 090603
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/25/08
VENDOR 2081
SHIP TO:
TO: NOLEN'S CONSTRUCTION, INC. City of Boynton Beach
1330 W. INDUSTRIAL AVE. I SENIOR CENTER
BOYNTON BEACH, FL 33426 1021 S. FEDERAL HIGHWAY
BOYNTON BEACH, FL 33435
REQUISITION NO. 47779 ORDERING DEPARTMENT: RECREATION & PARKS INQUIRIES REGARDING
I COMMISSION APPROVED: PURCHASE ORDER CALL
DATE NEEDED: BID NO: 1561)742-6310
,
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 21813.00 DL REMOVE EXISTING BAHAMA SHUTTERS 1.0000 21813.00
AND
replace with Impact Rated Bahama
Shutters with
custornco;Lor RAL 5018 - All
Materlaland Labor
is included.
REMARKS:
Hurricane Shutters for the Senior Center.
PROCUREMENT SERVICES: P.O. TOTAL: 21813.00
~COUNT NO. PROJECT
302-4111-580.62-01 CP0831 21813.00
PI JRr.HA!=;JN(';
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 10/31/2008
Requesting Department: Recreation & Parks Contact Person: Steve Lulkin
Explanation for Purchase:
This request is being submitted for the purchase and replacement of existing bahama shutters with
hurricane rated shutters for the Senior Center funded by a state grant received through the
Department of Elder affairs.
I Recommended Vendor Hurricane Shutters by Nolan Construction. I
I Dollar Amount of Purchase 21,813 I
Source for Purchase (check and attach backup materials): I
LO D I
Three Written Quotations GSA !
i
State Contract D PRIDE/RESPECT D
SNAPS D Sole Source D
Piggy-Back D Budgeted Item D
Emergency Purchase D Other D
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
,
Fund Source for Purchase: ,
Funds have been allocated out of the state grant awarded to the Senior Center by the Department of
Elder Affairs. ICP0831. Account # 302-4111-580-62.01.
Approvals: ~ -----------
Department Head Date !,-,1 -::;g
Purchasing Agent Date
Acoco+ ("'j+y I\lIa""a"s'- r\",+"
I 00' ~, ,.. " " , UQ l.G
Date
City Manager
FonSR~ Parks\Shared Files\Recreation\Senior Center\Copied Floppy info\Request for Purchases Over
$10,000 Senior Center Grant Shutters FORM.xls
'1~:...,,,, .....Ull!) pue SlleM 'SMO 'SUOI
PUlM 5uljslxe )0 SUOllounlU>ll, ""r, .~. _ _. .jeUE!jSUI Jejjn4s UUOjS 8Jmhi'! I Ill^,
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM F
AGENDA ITEM REQUEST FOAA.l
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 Meeting Dates in to City Clerk's Office
X December 16,2008 December I, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon)
o January 6, 2009 December IS, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
o April 7, 2009 _';l
o February 3, 2009 January 19, 2009 (Noon) March 16,2009 (Noon) 0 n:;
CO :::j-<
:z: -<0
0 ':-) ...,
..::
0 Announcements/Presentations 0 City Manager's Report N ;-cv
t"1'lO
NATURE OF 0 Administrative 0 New Business (J"J ;;:'--<:
~%
AGENDA ITEM X Consent Agenda 0 Legal .." vi......
:x 0
0.....
0 Code Compliance & Legal Settlements D Unfmished Business N I
..
0 Public Hearing D c...,)
~
~
RECOMMENDATION: Motion to approve purchase of new and replacement vehicles as approved in the FY08/09
Budget in the amount of $2,570,626.00.
EXPLANATION: The Fleet Administrator recommends the annual purchase of forty eight (48) replacement and
sixteen (16) new vehicles for City Departments as approved in the Fiscal Year 08/09 budget. Attached is a spreadsheet
(Exhibit I) indicating vendor, number of units ordered and model, department vehicle was ordered for, bid/contract
information and amount of each purchase. Total amount of all purchases is $2,570,626.00. The total funds approved
in FY08/09 budget for new and replacement vehicles are $2,615,692.40. The difference (savings) equals $45,066.40.
The Public Works Department and Purchasing/Finance approve the recommendation to purchase the new and
replacement vehicles.
PROGRAM IMPACT: The sixteen (16) new vehicles for the Police Department continue the personal patrol vehicle
(take-home) program initiated in 2005. The benefit of this program is that it allows the vehicles to remain in service
for a longer period of time and require less maintenance. The forty-eight (48) replacement vehicles are being
purchased according to a life cycle allowing maximum vehicle efficiency that minimizes annual maintenance charged
to each of the operating departments.
FISCAL IMP ACT: A savings of $45,066.40 to the Fleet Fund due to vehicles costing less.
ALTERNATIVES: To defer or not purchase selected replacement or new vehicles. Deferring purchases will increase
maintenance costs as the vehicles increase their age.
(J J~
"s Signature City Manager's Signature
Public Works A"i,tantto Ci~
Department Name City ittomey Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT 1
FLEET VEHICLE PURCHASES FY2008-09
VENDOR # UNITS/MODEL DEPARTMENT BID/CONTRACT COST EACH TOTAL
Garber Chevrolet (4) 2009 Chevy PD New Units Sheriffs/State $18,756 $75,024
Impala's Contract 08-16-0908
Garber Chevrolet (24) 2009 Chevy PD (12) New; (12) Sheriffs/State $20,251 $486,024
Impala's Replacements Contract 08-16-0908
Alan Jay Chevrolet (1) 2009 Chevrolet PD Replacement Sheriff's/State $23,336 $23,336
Tahoe 1500 Contract 08-16-0908
Alan Jay Chevrolet (1) 2009 Chevrolet PD Replacement Sheriff's/State $30,718 $30,718
Utility Cargo Van Contract 08-16-0908
Harley Davidson (4) FLHP Road King PD Replacement Replacement $8850 $35,400
Police Motorcycles Agreement with Ft. $7350 trade-in
Lauderdale H-D
Alan Jay Chevrolet (8) 2009 Chevrolet PD (7) Replacement Sheriff's/State $15926 $127,933
Impala's FD (1) Replacement Contract 08-16-0908 One Set Shot:
Manuals @ $52f
Duval Ford (2) 2009 Ford Focus (1) Each Code and Sheriff's/State $12,216 $24,432
Development Contract 08-16-0908
Replacements
Palm Truck Centl~r (1) 2009 Peterbilt 320 SW Replacement Sheriff's/State $150,066 $150,066
Refuse Truck Contract 08-16-0908
Palm Truck Centt~r (2) Front Loaders SW Replacements Bid 052-2516-08/JA $200,726 $401,452
Alan Jay Chevrolet (2) Chevrolet SW Replacements Sheriffs/State $14,732 $29,464
Colorado Contract
08-16-0908
Atlantic Truck Ce,nter (2) Trash Haulers SW Replacements Sheriffs/State $112,897 $225,794
Contract 08-16-0908
Spec #46
Environmental Products of FL (1) Utilities Vactor Utilities Replacement City of Tallahassee $258,265 $258,265
Contract #1493
Classic Chevrolet (1) Chevrolet Facilities Replacement Sheriffs/State $26,165 $26,165
Silverado Contract 08-16-0908
.:; IPW\Agenda ltems\Fleet Vetllcle Purchases FY2008-09
VENDOR # UNITS/MODEL DEPARTMENT BID/CONTRACT COST EACH TOTAL
Alan Jay Chevrolet (1) Chevrolet Utility Warehouse Sheriffs/State $18,851 $18,851
Cargo Van Replacement Contract 08-16-0908
Classic Chevroh~t (2) Chevrolet Cobalt FO Replacements Sheriff's/State $14,283 $2S,566
Contract 08-16-0908
Atlantic Truck Center (1) 2009 Sterling Streets Replacement Sheriff's/State $71,051 $71,051
Acterra Spec #49 Contract 08-16-0908
Alan Jay Chevrolet (1) 2009 Chevrolet Parks Replacement Sheriff's/State $25,698 $25,698
Silverado Contract 08-16-0908
Classic Chevrolet (1) Chevrolet Parks Replacement Sheriffs/State $17,S5il $17,850
Silverado Contract 08-16-0908
Alan Jay Chevrolet (1) Chevrolet 15 Recreation Sheriffs/State $23,92! $23,92!
Passenger Van Replacement Contract 08-16-0908
Alan Jay Chevrolet (2) Chevrolet Utilities Replacements Sheriffs/State $19,791 $39,58~
Colorado Mid Body Contract 08-16-0908
Pat's Pump & Blower (1) 2009 Aquatech Utilities Replacement Bid 582-9932 $266,357 $266,357
City of Ft. Lauderdale
Alan Jay Chevrolet (1) Chevrolet 2500 HO Replacement for Unit Sheriffs/State $32,294 $32,294
656 Contract 08-16-090S
Emergency Vehicle Service Lighting System PO Units 3101, 3102, Bid # PBC 05098A $2,10! $21,052
3401 to 3404 and 4 New
- Total 10
Emergency Vehicle Service Lighting System PO Units 4621, 4622, Bid # PBC 05098A $5,65.!i $84,830
4623 and 12 New -
Total 15
Emergency Vehicle Service Lighting System PO - 7 New Units Bid # PBC 05098A $4,98(J $34,86~
Emergency Vehicle Service Lighting System PO Unit 4322 Bid # PSC 05098A $5,477 $5,477
Emergency Vehicle Service Lighting System PO Unit 3607 Bid # PBC 05098A $6,157 $6,157
$2,570,626
S:\PW\Agenda Items\Fleet Vehicle Purchases FY2008-09
Department Total New Vehicles Total Replacements Total Cost
Police 16 25 $914,888
Fire 3 $44,492
Code 1 $12,216
Development 1 $12,216
Solid Waste 7 $806,776
Utilities 4 $564,204
Facilities Management 1 $26,165
Warehousee 1 $18,851
Streets 1 $71,051
Parks & Recreation 3 $67,473
Animal Control 1 $32,294.00
16 48 $2,570,626
VI.-CONSENT AGENDA
ITEM G.
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 Meeting Dates in to City Clerk's Office
r8J December 16,2008 December 1, 2008 (Noon) o February 17, 2009 February 2, 2009 (Noon)
o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
Q
o February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon) 0 C"l-rl
CO =i-<
% -<b
0 n."
<:
0 0 - reo
Announcements/Presentations City Manager's Report no
0 :;0-<
0 Administrative 0 New Business :;II;:
NATURE OF ""t; ~,%
0')-1
AGENDA ITEM r8J Consent Agenda 0 Legal 3: 0
OZ
0 0 W ""c:c
Code Compliance & Legal Settlements Unfinished Business ... 3m
- ~
0 Public Hearing 0 .- me')
:t:
RECOMMENDATION: Approve motion to accept the City of Boynton Beach FY2007-2008 Annual Grants Report.
EXPLANATION: The mission of the Grants Team is to enhance the achievement of the City's overall goals by providing
research, planning, support, feedback and other assistance to its departments in the development of alternative funding
sources for citywide projects. The Grants Coordinator prepares an Annual Grants Report each year, which summarizes the
City's previous year's grant activity.
PROGRAM IMPACT: The Grants Team provides grant development support services to City departments through the
identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff
seek funding for priorities identified during the budget process. Team members and staff specifically focus on meeting
department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The
Annual Report serves to document citywide efforts and identifY focus areas for the next fiscal year.
FISCAL IMP ACT: None
ALTERNATIVES: Not to accept report.
" ~~
,L/
. /
Ao-l. '. V~<'-<--<-<7 ~
Department Head's Signature! CIty Manager's Signature
Assistant to City Manager ~
City Manager
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I
I
I
City of Boynton Beach i
I
I
FY2007-2008 Annual Grants Report
II
I
I
I
I
I
II
Boynton Beach Grants Team
November 4, 2008 i
II
! I
, 1
;1 !
; .1
, ;1
11
II ill
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Introduction
The Grants Team provides grant development support services to City departments through
the identification and monitoring of federal, state, regional, and local grant opportunities.
Team members and department staff seek funding for priorities identified during the budget
process. Team members and staff specifically focus on meeting department goals,
supporting the Capital Improvement Program (CIP) and responding to citywide emergency
needs. The Grants Coordinator provides the following:
. Orientation for all new Grants Team members
. Grant writing assistance
. Grant proposal quality review
. Special project funding availability analyses
. Grant Iifecycle monitoring
. Grant management training
. Serves as the Organization Administrator for eCivis Grants Network software
. Pre-audit preparation
. Special assistance to outside organizations as approved by the City Manager
An Annual Grants Report is published each year, which summarizes the City's previous
year's grant activity.
The Annual Grants Report and subsequent Monthly Reports update and summarize data on
departmental grant activity and Grants Team projects. The reports reflect information
received from departments regarding grant applications and awards.
Grant Team members' diligence in using the tools provided by the City is essential to
communication and effective record keeping. Accordingly, the Grants Coordinator solicits
comments, suggestions and recommendations regarding grants management tools and this
report, which is used to increase the overall efficacy of the program.
Grants Team Mission Statement:
To enhance the achievement of the City's overall goals by providing research, planning,
support, feedback and other assistance to its departments in the development of alternative
funding sources for citywide projects.
Team Structure/Protocol
The Grants Team functions as a self-directed unit, independent of individual departmental
interests. Operating under the auspices of the City Manager's Office, the team provides
grant proposal support to all City departments, which includes referral, research, training,
grant proposal development and reporting. The Assistant City Manager is the team coach.
Membership consists of representatives from departments citywide, who aiso function as the
liaison between the team and the respective departments. The Grants Coordinator
facilitates, expedites and communicates on behalf of the team.
- 1 -
Liaison role on Grants Team
. Conduct funding searches for department projects to identify appropriate funding sources
. Assist with research, writing, and gathering information for proposal development
. Continually update skills through grant training opportunities
. Review proposals (upon department request) for quality
. Communicate concerns regarding funding needs to the Grants Coordinator
. Use the tools provided by the City for effective and efficient grant management
. Follow Administrative Policy #01.02.13 Grants Management Policy & Procedures
FY2007/2008 Grants Team Members
Community Improvement - Brenda Cornelius
Finance - Anthony Davidson
Fire Department - Jim Ness/Steve Lewis
ITS - Cathy McDeavitt
Library - Craig Clark/Anne Watts
Planning - Kevin Hallahan
Public Arts - Debby Coles-Do bay
Public Works - Jean Murphy
Recreation & Parks - Jody Rivers
Risk Management - Mark Bobich
Utilities - Karen Riseley
Grants Team Coordinator/City Manager's Office - Debbie Majors
Benefits from creating the Grants Team
. Increased communication regarding grant opportunities throughout the city
. City-wide consistency in grant management
. More focused approach in applying for funding (using personnel/financial resources
more efficiently).
. Involving departments who have had little or no history in obtaining grant funding
. Flow of information to City Manager and City Commission has increased, therefore
increasing awareness of staff efforts and resourcefulness
. The City has made new and valuable contacts throughout the state and nation
enhancing our grants management operation
. We have served as a role model for many other cities and counties
Departmental Grant Activity FY 2007/2008
In FY 2007/2008, departments submitted 19 applications for grant funding, totaling
$1,096,654; of the 19 applications:
- 2 -
FY21107.}O()x
AllIllIU/ (,rant, Report
.:. 11 ($339,802) have been awarded funding with contracts executed
.:. 6 ($751,830) are pending award notification
.:. 1 ($5,000) was not awarded
.:. 1 application was withdrawn to pursue another funding source
(No monetary value just equipment).
An application is not required to receive the formula-based entitlement funding through the
Florida State Housing Initiatives Partnership (SHIP) Program. Instead, our City must provide
a Local Housing Assistance Plan and Ordinance in support of the local housing assistance
program. This is required every three years, with regular monitoring reports. The City
received $603,267 for FY2007/08 through FY2009/2010.
Due to the length of time it takes for review and approval at the state and federal level, some
grants that were awarded, were submitted during the last fiscal year and some that are
pending, will probably not be awarded until next fiscal year. However, it is important to note
that the ratio of awarded applications remains above 85%, a reflection of well-trained staff
effectively using available resources.
In addition to applying for grants, staff actively manage multiple grant funded projects. This
includes reporting to the funder, preparing for the audit and managing project or program
issues. During this fiscal year, 28 federal, state and local grants, totaling $1,790,791 were
closed out as projects were completed. In FY2006/07, 14 grant funded projects were
managed and closed out by staff. Management and compliance requirements can take a
significant amount of time and resources. Staff are to be commended for their efforts.
Grants Team Activity
Since April 2001, the City of Boynton Beach has been on the cutting edge of grants
management. Our City Manager. Kurt Bressner, saw the value in providing resources to help
grow our grants program in Boynton Beach. This enabled staff to become involved in
developing and beta testing grant research and management software. As a result, we have
realized significant cost savings and increased efficiency. Using electronic means to manage
grant funded projects, we can effectively maintain decentralized operations while enjoying
the benefits of a centralized grants management system.
While the City receives some entitlement and formula funding, the majority of grants applied
for are competitive. Community Development Block Grant (CDBG), State Housing
Improvement Program (SHIP) and State Aid to Libraries are examples of the non-
competitive funding the City receives annually. These dollars are critical to continue
providing basic services to our residents.
Generally, departments will identify needs and research appropriate grants during the City
budget process. On occasion, emergency funding will become available (Le. hurricane or
other disaster funding), when this occurs the Grants Coordinator will work with departments
to identify appropriate projects and coordinate efforts to develop a competitive grant
application.
- 3 -
- -
The following reports are attached for FY 2007/2008:
. Application Activity Report
. Grants Awarded Report
. Funding Source Report
First Quarter of FY 2007/2008 (October, November & December)
The focus this quarter was on legislative affairs. Contact information for our Senate and
House of Representatives members was provided to Grant Team representatives. Each
department liaison was encouraged to use these contacts to stay on top of issues that effect
their department's funding and programs. The Assistant to the City Manager and the Grants
Coordinator attended Palm Beach County Legislative Delegation meetings to share the
City's funding needs and priorities.
Departments prepared Community Budget Issue Requests (CBIR) for consideration in the
state's FY2008/09 budget. Projects included: Mobile Incident Command Center, Tactical
Armored Vehicle, Gated Community Access for the Fire Department, and a Public Safety
Training Facility. Senator Atwater and Representative Sachs sponsored the CBIR's. Fire
Dept. presented their projects at the PSC Delegation Hearing on 1/15/08.
Second Quarter of FY2007/2008 (January, February & March)
Departments began researching funding opportunities for FY2008/09 proposed budget
requests. The Grants Coordinator provided a presentation for the City Commission on the
Grants Team's purpose, benefits and achievements at the February 2008 retreat.
Second quarter Grants Network system enhancements by eCivis included the addition of
KnowledgeSase. This is an on-demand individual training program that is self-paced, skills-
building with online education modules including, grant management and compliance,
project trends (initial listing includes General, Law Enforcement and Green Trends),
publications on a variety of topics and a resource library.
Third Quarter of FY2007/2008 (April, May & June)
The Team prepared the FY2007/2008 budget request and began looking at departmental
projects for future collaboration. The federal budget process was monitored with regular
updates via the eCivis' Grants Network e-notices. State funding opportunities and grant
updates were also included. Grant funding forecasting is integral to the budget preparation
process; a summary report was prepared for the City Manager and Finance Director for use
at department budget meetings. Grants Team members will be working with Mainstay
Partners to prepare a Return on Investment (ROI) study after using the Grants Network
system for the past year.
-4
t~'Y2{l{) :,}(j{th'
,,1nnUil! (Iran!..,
Fourth Quarter of FY2007/2008 (July, August & September)
Preliminary audit findings and suggestions from the FY2006/07 year were shared with team
members. The suggestions will be implemented in the new fiscal year. These include review
of all state and federal compliance requirements prior to project commencement and simple
steps for a smooth transition from one fiscal year to the next.
The team wished Deputy Fire Chief, Jim Ness, a happy retirement as he leaves the City and
Grants Team. During his time on the Team, Jim brought in $2,938,067 in grant awards for
twenty City projects. He was instrumental in the success of the Citizens Emergency
Response Team (CERT team) and secured the grant funds necessary to operate the
program every year.
Summary and Future Direction
Over the past eight years, the Grants Team has made significant changes in the way grant
opportunities are sought, communicated and managed in the City of Boynton Beach. The
team is continually seeking ways to improve and meet the City's funding needs.
The City's grant awards continue to increase despite a more competitive funding arena. The
number of departments actively working on grants and number of grant applications
submitted have significantly increased over the past few years. I believe this is due in part to
the support the Grants Team and departments have received from the City Manager and
City Commission. Dollars allocated to the Grants Team budget for training and resources
allows for more competent staff and more competitive applications, which yields grant
dollars.
The City of Boynton Beach is entering into a new era of sustainability that brings both
challenges and opportunities. As Grants Coordinator, I was a member of the City's Green
Task Force. Over the past seven months the Task Force has examined several key areas for
incorporation into a Climate Action Plan for the City of Boynton Beach and has been closely
tracking the impacts of Governor Christ's legislation, House Bill 7135. It is essential to
integrate state level unfunded mandates and actively seek to include local funding initiatives
in both the Federal House and Senate proposals, to assure that Boynton Beach has the
financial backing to meet our goals. As we move forward, Grants Team members will work
with City staff and community alliances to provide viable funding sources for the Boynton
Climate Action Plan.
Our sincere thanks to Mayor Jerry Taylor, Vice Mayor, Jose Rodriguez, Commissioner
Ronald Weiland, Commissioner Woodrow Hay, Commissioner Marlene Ross, City Manager,
Kurt Bressner and Assistant City Manager, Lori LaVerriere for your continued support.
prs~ .
Deb ie ~ajor~~Oordinator
- 5 -
, (2007/2008
Annual Grants Report
Application Activity Report; Applications Submitted
Applications Submitted: 19 Organization; Boyntc,n Beach
Projected Funds: $1,096,654 Report Date: 10/20/:2008
Cash Match: $299,113 Requested By; Debbie Majors
In-Kind Match: $449,694 Grants Coordinator
Report Range; 10/01/2007 .09/30/2008 majorsd@cLboynton-beach.f1 uS
Information based on all grant applications submitted during the reporting period:
Diesel Exhaust & EMS Stretchers US1280A Assistance to FirefiQhters Grant (AFG) Proqram (Part 04/15/08 $161,841 $40,460 $0
A):General Program.~ FY2008..
Gate Pre-emption T ed))loloQV BB0024 Palm Beach County EMS.Grant Award Proqram 06[16/08 $50,000 $0 $0
FY07[08
The American Dream Starts @ Your Library ,..., yo. d'''' "'.,_,.,,'_,_,,' 03[26/08 $5,000 $0 $0
F01780 The American Dream Starts @ Your Library (Limited
.EligibiliM-fY 2008
We the People Bookshelf - FY 2008 F01780 The American Dream Starts @ Your Library (Limited 01[30/08 $5,000 $0 $0
EligibiliM - Fy'2008 _m _. .""-""'-" ,."
We the People: Picturinq America US6301 We the People: Picturinq America - FY 2009 02/12/08 $0 $0 $0
:'08 Focus on Ganqs US7190 Research on CrlmePrevenUonand Control: Focus on 02/13/08 $326,336 $0 $311,294 .
Gangs- FY 2008 $1}6o
C08 ICAC3 Ramos US6899 Internet Crimes AQainst6;ildrerl-E~oansion ~mUrban 04/29/08 $0 $0
(Phase 11I1-FY 2007 '66/26/08
'08 JAG US4393 Edward Bvrne Memorial Justice ASsistance Grant'{JAGl $19,420 $0 $0
Proqran1: Local Solicitation~FY 2008 . ...... .......... ..m
'QiillAanatei,1"protection PrOqral)l 880027 Manatee Protection Conservation ProQram 02/19/08 $20,000 $0 $0
08 Operation Ganq Buster Fo0737 My Hometown HefperGrant ProQram =j=Y2608 02/04/08 $5,000 $0 $0
2007 AED ' .__.....m......._ .."
FD1572 AED Grant Proqram - FY 2007 11/19/07 $0 $0 $0
r26b;fE~TicketSvsiem '''---,...--...----..-.. .... --...--,,, Fb'1594-iveTekTCC':-Prlvai~'Grants'to Law Enforcement. --- "'1'1720/'07'" -- $27.000" "- -- ..........-_........"._.....,~
$0 $0 I
t............ ..........._.... "'''''' ..~_ ..... ,.._.__ """", "._. . "'.___ .Ag~!)cies" FY2007 .-......,..---..-__.,.".._,..,..,_......_.____'''..w.''_._."......__....,.""..___ $60)07--' . ....-,.-,-.. ,.--1
~2007 JAG US4393 Edward Byrne Memorial Justice Assistance Grant (JAG)' 02/26/08 $0 $0 ).;
i . '_'_ ____.Proqram: Local ~ FY2007....... .
r.....-...--....'....- .. """,_.~..," .e...._.. ".....~_.,,_^..,,~. .m..~__.'"."... ..",..~"'_." ,,"__,'. ...n..~'........._un." ,_""" .._.. '$1{606 .. '$'0'" "'-$01
2007 Online Accident System FD1580 TRACView .. FY 2007 10/16/07
.!~.,_.._. ....... "u~""_'" _"'__..", ..,~~~.",. i
"""T:iS0074'S;:;iietoroofVest Partnershlp....ProQra.,;,-.:P;;..200S........ ..._-," "'--".~_. . "lf65Y'-'- $0 j
~2008 BPV . 03/19/08 - $8';(353 ..
i i
lL.___ ~'_ .~,...,,_.,__._.",_____._. __ _ _'~"'__'_..~ ',,_._._ ....'A ",___,_",,~"'__v_.. .,,-. __" ,.......~_^__.._......~,,_"^,..-.---_.........._..,",..,_..,__~~__... _._..__~, ...._".,_~. .......___. .,~ .___..__"'"'.'".__~..~~~._._.~.....'.'..._~_~"..._ "'--'__'n"'''_~__v_'_'' Ii
-... ~..'.,-. .--...... ..,,-.- _._~_.._"._~... "--~--.. ~ it'
.... ~"..~. .n --- 11J20707-"~"-$j1,496' $0
.... '>__'n.. ..._'_~,. ,........__.mu' __, .,y..^'_,.,,_......_w__~_..R... .... _~ '''~'~_'''~' ...... ~..__~ __. ~.._.""" ._v_. .... N".___~.~" . ....".,.......
Source: eCivis@ Grants Network
www.ecivis.com
'2007 -2008
Annual ",rants Report
Activity Report. Grants Awarded
Awarded Grants: 21 Organization: Boynton Beach
Awarded Funds: $3,944.375 Report Date: 10/20/2008
Cash Match: $334,517 Requested By: Debbie Majors
In-Kind Match: $1,062,583 Gnmts Coordinator
Report Range: 10/01/2007.09130/2008 maljorsd@ci.boynton.beach ft us
Information based on all grant applications awarded during the reporting period:
E'{9?LQ~
"Fire Station No 5, EOC, Communications, FL0058 Hazard Mitiqation Grant Proqram (HMGP) (Selected FL 11/06/07 Yes $1,721,252 $0 $562,583
'ITS Counties) c. F..Y 2006 DC;;A
;WaterQ[g.f11Qf:.Qive Team 07 BB0024 Palm Beach County EMS Grant Award Proqram PBC 11/05/07 Yes $9,499 $0 $0
F)'Q7/Q@
fiState Aid- FY2008 . FL0126 State Aid to Libraries Grant - FY 2008 FL State Oi/28/08 No $69,978 $0' .. . $0"
L.n _.... .._ Q~pt__
IThe Amencan Oream SlClrlS @ Your FD1780 The American Dream Starts @ Your Library (Limited FD 04/21 lOB Yes $5,000 $0 $0 \
~Libral\l ~Jj.9j!?iliM.: FY ~.__w...__......"_..... . FQ!:lf1Q~ti9r I
tWe the People Bookshelf - FY 2008 US3757 We the People Bookshelf - FY 2008 US Other 03/2i/08 Yes $0 $0 $0
r. _._ _ ~~_,,,~~,w.,. "<~"^'.."""'o'.~'~'''''.'.__'' ..,.,... ,'.'. ..~,,""_.___.. .~__,~._,....N'
~08 ICAC3 Ramos US6899 Internet Crimes Against Children Expansion - Urban US DoJ 05/23/08 No $1,200 $0 $0
'P!1~~J!.!1::E( 200L_____ __
08 Manatee Protection Proqram 8B0027 Manatee Protection Conservation Proqram PSC 02/25/08 No $20,000 $0 $0
!a8/09 Manatee Grant BB0027 Manatee prot€;CiionConservation PrOQram PBC 09/09/OB No $20,000 $0 $0
f20bY'BPV Grant "'-'- ...- -.. Us66'i4BuiletProofVesCPartnershlD Proqram~'-FY2i:ioi 'liSDoJ 10/24/07' 'No""'''' $5.56'6"- ....l5.506FY26i:l7~2008- to't
1....._....._......._._.... ... . .m' __.. ,_"__" ....., .... ............--....................... ........''.. .--... ." ..."....... ....'''''. ,. ....,.-... ..... .. ..~'!'2,!~grt:Jflt~~~P9'!..J
~2007 E-Ticket System FD1594 lyeTek. LLC: Private Grants to Law Enforcement FD 12/11/07 No $27,000 $0 $0 ~
L ... ............ .... ... ..... ... . Agencies - FY 2007.. ...... ... Foundati.on ~
12007 Online" AccidentSvste-ril ... ........ FD1580 TRACView ~FY'2ooi .... .. .. " - . .-. ..... .. . .-."... .... --- ""F'D ..-. "16/31/67 ... No' $15;000 "- ... . ....$0 ..................$01
)Vouthviolence.preveniionprOiec!..........-SBOO2S-YOUth Vi"oitince"Prevention :'FY200S'" ..' .FQ~~!!Qn_-'10701/0f- ',.No......".. ......$306jjoC). $(j" .... ........,$50D.oooi
'n "
"~ "
~ ",.,.,_.">__,,, ~,,__, .,. ~,._~__.~_,._,._._ ___,._." .,,~. r_, __.. .__..'v,~ ._ _.______~...._,~~.."._...~.~N _. ,.. .__,_ _. ~...~..~~.., H_ "... ___._~._~..""'.'".~,,'~.~._._ _'.'~"~ --, -_".._.__"".........,.., ., . .W~A'"_~"......,~,, ....,.~."'_.~ $
12008 Barton Memorial Park $0 '.
~Bikeway/Greenway_..~.. ._m__.~'..._______.._.______-.._....._.__..._ ...., ..... ..... '"'''' -"-'0" '.._,_._'" .... _,_., 'm' ,._,..,. --'" -. ... ......~
i2008 Boat Club Park Renovations 880021 Commissioner McCarty PBC 12/03/07 No . $380,000 $0 $0 ~
,;; ~
Ji ~
t,.."..---___..._".....__....,...._.___.........._.._,........._...'"..--,_....-,... ..,.....-.-..,...............-,......---... -.........-....'--.-..-............---......... .. .... --.- ........-,'.. ................... .-.........- ...............--.....-...-.....,...................-..............-.....-......-... ...-....,........--i
~2008 ConQress Avenue Barrier-Free Park FL0117 Florida Recreation Development Assistance PrOQram FL 09/16/08 Yes $135,611 $135,611 $0 ~
" (FRDAP) - FY 2009 DEP 1
1200a'senior"centeFcaoitalfriloro'VementsFL0605 Senior Centers Fixed c~Djt~i'outlav'iF"C6)'Proj6ct-='-""F,[Eider '''-02718108'''''165''''-''''$7{496-'' ..... '$138,400"" $(j~
t...... .,.... ,...." ....._,.....,............,.........._....H..........._.. . .....FY 2008 ...._...,..,..........,..........................._ ......................... ..............., ............ ................ ..Aft<;llrl?..... ,.. .,..................-.....,..... ....-...-............,........... ...... .......... .. ....J
;Palmetlo Greens Park Expansion B80018 Transportation Enhancement 2004 FOOT 07/18/08 Yes $440.000 $0 $0 j
:( -.. ',,',.. ..'..' .','.. ,---, - . ,.-,....... - .. . ..... , .. "'.' - ;
iO'uantum"ParkExOtlc Removal Phas"eii BB0020'PBC Public Lands'Grant'ProQram 2007 PBC 10/29/07 Yes"'''' -......$5;000 .-" '$5,000 $0 l
i ~
~'_'__"""W~'A"__"""'_"~_'_ ._",.,..___._.,-",M~',__'_'_'~__'Y"".""" ,_, .._...~_. m .. "_,,,,'.' __..~. ...._. .____. ^~ .e_' ....-----. . .~. .----....... -., ....., ~_."._.""..
Source: eCivis@ Grants Network
www.ecivis.com
FY200712008
An-ma/ Grants Report
Funding Source Report
Report Start Date: 10/0112007 End Date: 0913012008 Organization: Boynton Beach
Report Date: 10/20/2008
Requested By: Debbie Majors
Grants Coordinator
majorsd@ci.boynton-beach.fl
Information based on all grants designated as awarded during the reporting period
Awarded Grants
fI!O~i!}~A.g~llC" ~rarits l\'WltftJ Ca$hMatch In~t(i"c;lMatch
Foundations 4 $47,000 $0 $0
FL Department of Community Affairs 1 $1,721,252 $0 $562,583
FL Department of Elder Affairs 1 $71,496 $138,400 $0
FL Department of Environmental Protection 1 $135,611 $135,611 $0
FL Department of State 1 $69,978 $0 $0
Florida Department of Law Enforcement 1 $50,000 $50,000 $0
Florida Dept. of Transportation 2 $552,900 $0 $0
Palm Beach County Board of County Commissioners 7 $745,949 $5,000 $500,000
U.S. Department of Housing and Urban Development 1 $543,483 $0 $0
U.S. Department of Justice 2 $6,706 $5,506 $0
Source: eCivis@ Grants Network
www.ecivis.com
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM H.
AGENDA ITEM REQUEST FORl\.L
Requested City Commission Date Final Form Must be Turned ill Requested City Commission Date Final Form Must be Turned ill
Meeting Dates to City Clerk's Office Meeting Dates to City Clerk's Office
[3J December 16, 2008 December 1,2008 (Noon) o February 17,2009 February 2,2009 (Noon)
o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17, 2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) o April 7,2009 March 16,2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [3J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to release the 10% balance of the original letter of Credit #11184
for the Boynton Beach Village Marina issued by City National Bank
EXPLANATION: This request represents the completion of all bonded work. Finance currently
holds the 10% balance ($73,946.92) of the original letter of credit. All covered
work has been field reviewed and accepted. A letter dated 11/11/08 for the release
is attached.
PROGRAM IMP ACT: N/A
FISCAL IMP ACT: 001-0000-220-99-00
ALTERNATIVES: N/A
/ I / ;' .A -'...." ~tb
/
If '.~ I / {, '.~ - ;.,'" ~. t \'''"''.~ ~.:...,-~,_.~ ~~-l_ I . Jt-:L,
~",
. . / .,.. Department Head's Signature
'0
Assistant to City Manager CIM/
Public Works/Engineering Division
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
November 11, 2008
Angelena Quinn
City Of Boynton Beach
Public Works/Engineering Division
P.O. Box 310 Boynton Beach FL 33425
RE: Letter of Credit (#11184)
Dear Angelena:
Per your letter dated October 8, 2007, I am requesting the release ofthe bonds for the Marina
Village project. Letter of Credit # 11184 was reduced last year to $73,964.92. Now that the one-
year warrantee period is up please let me know how to have the Letter of Credit closed
altogether.
I appreciate your assistance with this matter.
Regards,
625 Casa Lorna Blvd., Boynton Beach, Florida 33435
Office (561) 703-2185 Fax (561) 742-2206
Email: bsmithif!)wptmarine.com
The City of Boynton Beach
P.O Bu): _,,' (I
Honnor; Beach, Fiorida _1_~4::5-()3jlj
PI HLle WORKS DEPARTlfEST
FAX /56!1 ~4:-6:&5
H'H .~~ -.bo.i. onIon -beat,j;. 01'.~
()c~obeY " 2087
- /
Brian Srni -:.h
T-I1arina \!i llage at 3c}'"n:.::,r: Sea::=-"
,;a """ .- Casa LOITla 31 'v'ci
CL:;:t
::; 0 :l:-: :. C::1 - . - -. .. - -
~ea2.r.. , =~ ~-'"'::...)~
Dear 3rian1
We have "'-.0 f" +=- ~ ......0...-...: y"our ., c.r';':::::'~ da:.ed ~...Ug1.1S:' ' ~ 2007 rege.rci:':1g
.....____v_~ --.....--- ......-1
reductior.l of ::ne 1 C-~C'- of :::redi:. .t=-..,..- Ma:ci:-...a Villa:::e. 1, _ ~~ J::::ober
...._1..-___ ..;...-.....;... 1"'.::> ~....
2 I 2007 1"'".r"'i -- ~c.i-o.r or cyea.:.-c. / J.;. ~ ~ ~ ~ /' \ \-1~as appro-\rec DY- 2:'-::(
_......~::=> ----......-- \'!"t..l.":"''':'''C'':.'
Commission ::0 .oe reduced frora $739,469.23 D~i. 90% to 73/9~6.92. (1n.~-'
v.J._=
the one-year warran~y period ~as eXDired :.ne ~errlain~nq arne,un '"C of :: .'1 e
Dorlds :::an r)e ~eleased. The release \" ill need - " be reaues::ed in
. -.......- _v
vlri ~ i:1g.
?r.l.ank ::-"OU '\;e~y IT.u::h -~.....- 'T-,~. ,.- pa.':.:.ence ana understanciin'9' - ..., :.n::.s
~'-'- .1 '-...'......- _u
pro::ess. you ~ _....~ an}r '=~~"V'~r,.o""- q:ues~ :.ons pJ..ease C3.11 :T~e 742-
-- .....co v_ - -- ---...-- -~
~O):;:::
......~....._.
~..; il-~.,.-C."':< ~T
----'--- ~r ' .
~~- .
.~ngeler..a 'Ql.:.ir-.lD
_~dmir"is':.ra":i ve p~ssocia::e
Ptlbl i:: W8rks/EDqinee~i~3 Di i/'is io::
xc: HO\7-:: Jonr:so:-.:., ::lrj,ance
-' - .:=;.
_-UIERICl ...... (;.11'1;.'11. \ )' TO TIlE (;[ IfSTJ?E.UI
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 Meeting Dates in to City Clerk's Office
o August 21, 2007 August 6,2007 (Noon.) o October 16, 2007 October I, 2007 (Noon
o September 4, 2007 August 20, 2007 (Noon) o November 7, 2007 October 15. 2007 (Noon)
o September 18, 2007 September 3, 2007 (Noon) o November 20,2007 November 5,2007 (Noon)
~ October 2, 2007 September 17, 2007 (Noon) o December 4,2007 November 19,2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Motion to approve the reduction of a letter of credit for the Marina Village at Boynton Beach from $739,469.23 by 90% to
$73,946.92. A letter dated August 15, 2007 requesting the reduction is attached.
EXPLANATION:
This request represents the completion of the construction and installation of the required public improvements to support the
Project and the necessary terms of the utilities permit. The remaining 10% will be held until the one-year warranty period is
complete.
PROGRAM IMP ACT:
FISCAL IMP ACT: 001-0000-220-99-00
ALTERNATIVES:
.. JR"L--
City Manager's Signature
Assistant to City Manager
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
." .
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 04-124
TO: : Diane Reese, Finance Director
James Cheraf, City Attorney
FROM: Laurinda Logan, P.E., Senior Engineer
DATE: July 14, 2004
RE: Letter of Credit
Marina Village at Boynton Beach
Surety for Utility Construction
Attached please find the Letter of Credit No. 11184 issued by City Nation Bank in the amount of
$739,469.23 from The Related Group. This Letter of Credit is posted to assure construction of water and
sewer infrastructure for the above referenced project.
The Letter of Credit is in the form prescribed by the City of Boynton Beach, Engineering Design
Handbook, Exhibit N-1.
Please review in accordance with Chapter 7 of the LDR and, if acceptable, provide notification back to
the Utility Dept. and Engineering Division of Public Works.
Please feel free to contact me at ext. 6482 if you have any questions or require additional information.
LUrc
Cc: Peter V. Mazzella, Deputy Director, Utilities
Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail)
H. David Kelley, Jr., P.E.I P.S.M., City Engineer, Public Works/Engineering (via e-mail)
Kenneth Hall, Engineering Plans Analyst, Public Works/Engineering (via e-mail)
File
S:\Engineering\Office Associates File\Logan\Marina Village at Boynton Beach-Letter of Credit.doc
City National Bank lelf 305 577-7212
0 F F L 0 R I D A Fax 305 577-7402
CLEAN IRREVOCABLE LETTER OF CREDIT NO. 11184
July 2, 2004
TO: City Commission of Boynton Beach
c/o City Engineer, Agent for the City
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Attn: Laurinda Logan
Te1:56 1-742-6482
Fax:56l-742-6285
RE: Our Letter of Credit NO.lll84
Land Development Permit No. 4685
Plat: Marina Village at Boynton Beach
Aggregate AmountUSD739,469.23 Expiration Date: June 30,2005
We hereby open our Clean Irrevocable Letter of Credit No. 11184 in favor of the City of
Boynton Beach, Florida ("City") for the initial amount of Seven Hundred and Thirty Nine
Thousand Fopur Hundred Sixty Nine and 23/100 US Dollars ($739,469.23) effective as
of this date, which shall remain effective until released by a Resolution adopted by the
City Commission at a regular City Commission scheduled meeting.
This Letter of Credit is issued pursuant to the terms of that certain Utility Permit
(hereinafter, "Permit"), issued to TRG-Boynton Beach, as Developer, by the City of
Boynton Beach, Florida, to a project to be known as Marina Village at Boynton Beach
(hereinafter, called the "Project"), and to construct and install the required public
improvements to support the Project subsequent to recordation of said plat for the Project
pursuant to the terms of the Permit. This Letter of Credit, however, is independent of
said Permit and reference herein is for information only.
The initial amount of funds available under this Letter of Credit and stated above be
reduced from time to time by the City Engineer, as the agent for the City of Boynton
Beach, in accordance with the requirements of the Subdivision, Platting and Required
Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development
Regulations. We hereby agree that such reduction shall not be effective until we have
furnished a written amendment to this Letter of Credit. Such amendment shall reference
this Letter of Credit as well as the Permit Number and Project Name, as set out herein.
and the new amount requested. .:\
Funds under this Letter of Credit are available to the City bereunder, not to exceed ~
current available amount subsequent to any authorized reductions of this Credit against ,
!
Continue on PaQ;e :2 of:2 I
....... " i
25 W. Flagler Street, Miami, Florida 33130 305-577 -7333 305-577-7460 Fax WWw.CitynJ.tional.com
,
CITY NATIONAL BANK OF FLORIDA
Clean Irrevocable Letter of Credit No. 11184 (page 2 of 2)
the City's demand, by its authorized agent named above, for payment to us mentioning
our Letter of Credit No. 11184.
When the City's demand for payment is received at City National Bank of Florida, 25
West Flagler Street, International Dept. Miami, Florida 33130 on or prior to the
Expiration Date, it will be promptly honored.
Venue for any and all legal actions necessary to enforce the terms of this Letter of Credit
shall be in Palm Beach County, Florida.
Except as is inconsistent with the express provisions hereof, this Letter of Credit is
subject to the Uniform Customs and Practices For Documentary Credits (1993
Revisions), International Chamber of Commerce Publication No. 500.
Kindly address all correspondence regarding this Letter of Credit to the attention of
Letter of Credit Department mentioning specifically our Credit Number 11184.
al Bank of Florida
David Helme, EVP.
Chief Credit Officer
11184 pf
;IDate:.ApriI6th,20~
A. WATER DISTRIBUTION SYSTEM
ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
1 12" D.I.P Water main wI appurtenances 310 LF $60.00 $18,600.00
2 10" D.I.P Water main wI appurtenances 35 LF $57.00 $1,995.00
3 8" D.I.P. Fire Line wI appurtenances 185 LF $53.00 $9,805.00
4 6" D.I.P Water main wI appurtenances 248 LF $50.00 $12,400.00
5 4" DIP Water main wI appurtenances 57 LF $49.00 $2,793.00
6 Connect to existing service 1 LS $950.00 $950.00
7 Fire Hydrants assembly wI appurtenances 5 EA $3,375.00 $16,875.00
8 6" Wtr. Service, Meter & Backflow Preventer in Vault 1 EA $20,150.00 $20,150.00
9 8" Fire Line wI DDCV 1 EA $10,950.00 $10,950.00
10 1 1/2" Wtr. Service, Meter and Backflow Preventer (Irrigc 1 EA $1,400.00 $1,400.00
11 12" Gate valve 1 EA $1,815.00 $1,815.00
12 6" Gate valve 2 EA $875.00 $1,750.00
13 1" Type "K" Copper Wtr. Service 1 EA $1,000.00 $1,000.00
14 11/2" Type "K" Copper Wtr. Service 1 EA $1,500.00 $1,500.00
15 2" Type "K" Copper Wtr. Service wI Ball Corp. Stop 2 EA $2,200.00 $4,400.00
16 Relocate Ex. Wtr. Service 1 EA $750.00 $750.00
17 5/8" Water Meter Boxes 11 EA $325.00 $3,575.00
18 Fill & Flush connection 1 EA $1,500.00 $1,500.00
19 Sample Points 12 EA $300.00 $3,600.00
Off-Site Improvements
1 Watermain upgrade from 10" D.I.P. to 12" D.I.P. 872 LF $3.00 $2,616.00
SUBTOTAL WATER $118,424.00
B. SANITARY SEWER SYSTEM
ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
1 8" DIP Sanitary Sewer Main (8 - 10' CUT) 35 LF $115.00 $4,025.00
2 24" DIP Sanitary Sewer Main (12 - 14' CUT) 453 LF $200.00 $90,600.00
3 4' Dia. Manhole (8 - 10' DEEP) 2 EA $5,325.00 $10,650.00
4 5' Dia. Manhole (12 - 14' DEEP) 4 EA $10,875.00 $43,500.00
5 5' Dia. Manhole (12 - 14' DEEP) - Drop 1 EA $13,600.00 $13,600.00
6 8" PVC Single Sewer Service 1 EA $3,400.00 $3,400.00
7 12" PVC Single Sewer Service 1 EA $3,900.00 $3,900.00
8 6" PVC Single Sewer Service into Prop. Manhole 1 EA $2,025.00 $2,025.00
9 Grout exist. 24" VCP Sanitary Sewer 320 LF $26.00 $8,320.00
Off-Site Improvements
1 24" D!P Sanitary Sewer Main (12 - 14' CUT) ~o') '''' $200.00 $36,600.00
IU.... L...,
2 5' Dia. Manhole (12 - 14' DEEP) 2 EA $10,875.00 $21,750.00
3 Core Hole & Connect to Exist. 1 LS $1,000.00 $1,000.00
SUBTOTAL SANITARY SEWER $239,370.00
1J_.l~:V"';..
..~.:;.
't:!l~iEij.,~lih~~ih'.:~~~':'
C. PAVING AND DRAINAGE
ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
1 3/4" Type S-III Asphalt wI Prime (1st lift) 2555 SY $3.20 $8,176.00
2 3/4" Type S-1I1 Asphalt wI Tack (2nd lift) 2555 SY $3.20 $8,176.00
3 Concrete Paver blocks (Sidewalk) 1225 SY $20.50 $25,112.50
4 8" Limerock Base 4090 SY $8.00 $32,720.00
5 6" Limerock Base (Sidewalks) 1425 SY $6.50 $9,262.50
6 12" Compacted Subgrade 4260 SY $3.00 $12,780.00
7 Type S-III Asphalt wI Prime (Casa Loma Blvd) **......* 1430 SY $3.20 $4,576.00
8 Concrete Paver blocks (Cul-de-Sac & Overlook) 1365 SY $20.50 $27,982.50
9 Type "F" Curb & Gutter 1225 LF $10.50 $12,862.50
10 Type "0" Curb 555 LF $7.50 $4,162.50
11 Valley Gutter 325 LF $8.25 $2,681.25
12 15" HOPE 117 LF $45.00 $5,265.00
13 15" Perf. HOPE in Exfiltration Trench 145 LF $60.00 $8,700.00
15 24" HOPE 92 LF $63.00 $5,796.00
16 30" HOPE 533 LF $65.00 $34,645.00
17 36" HOPE 74 LF $97.00 $7,178.00
18 18" PVC 27 LF $45.00 $1,215.00
19 24" PVC 44 LF $105.00 $4,620.00
20 4' Dia. Manhole 2 EA $2,610.00 $5,220.00
21 4' Dia. Inlet 1 EA $2,610.00 $2,610.00
22 5' Dia. Manhole 8 EA $3,075.00 $24,600.00
23 6' Square Inlet 1 EA $5,600.00 $5,600.00
24 6' Dia. Manhole 2 EA $5,600.00 $11,200.00
25 P-10 Inlet 6 EA $3,125.00 $18,750.00
26 Control Structure 1 EA $3,910.00 $3,910.00
27 Connect to Existing Drainage structure 1 LS $1,650.00 $1,650.00
28 Pavement Marking & Signage 1 LS $25,000.00 $25,000.00
SUBTOTAL PAVING AND DRAINAGE $314,450.75
TOTAL $612,244.15
Clifford R. Loutan, P.E.
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM I.
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 Meeting Dates in to City Clerk's Office
[8J December 16, 2008 December 1, 2008 (Noon) o February 17.2009 February 2, 2009 (Noon)
o January 6. 2009 December 15,2008 (Noon) o March 3, 2009 February 17.2009 (Noon)
o January 20, 2009 January 5, 2009 (Noon) o March 17, 2009 March 2. 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) o April 7. 2009 March 16,2009 (Noon) 0 E!
n-'i
CO ::::j~
:z: --<'~
0
0 0 <:: .;-)
Announcements/Presentations City Manager's Report - roo
rrl-o
NATURE OF 0 Administrative 0 New Business -oJ ;<j -<
~==:
AGENDA ITEM [8J Consent Agenda 0 Legal :Eao v,..,-04
::z '0
0 Code Compliance & Legal Settlements 0 Unfmished Business - 0%
- :;:l1lD
..
0 Public Hearing 0 0 C"J',rrl
.- ,!l>
fTle)
.......
--
RECOMMENDATION: Motion to approve the purchase of 10 In-Car Video Camera Systems, to be placed in the
Chevrolet Impala Patrol Cars, from Digital Ally, Inc in the amount of $41,250.
EXPLANATION: Video cameras mounted in Patrol Cars, along with Wireless Microphones capture events such as
Traffic Stops, Pursuits and other Police activities. Digital Ally is an existing vendor whose cameras and recording
devices are self contained in the rearview mirror, making them ideal for the Chevrolet Impala's due to the lack of
trunk/cargo space available in these vehicles. The Police Department currently has 17 of these cameras already
deployed. The video is saved to a flash card and when full is transferred to a Digital Media Manager database system
located in Evidence for storage and retrieval. The data on the flash cards created by these cameras systems is
specific to the Digital Media Manager. If we were to use another camera in the cars, the data created would not be
compatible with the Digital Media Manager. Due to the proprietary nature of the Digital Media Manager database
application, Digital Ally is the only suitable vendor.
PROGRAM IMP ACT: Video cameras in Patrol Cars are a valuable tool, used to corroborate both spoken and visual
events. These videos are used as evidence in court for cases such as DUI type traffic stops. These videos have also
been used to defend an Officer's action, or discipline them for inappropriate behavior.
FISCAL IMPACT: $41,250 out of our General Equipment Account. This amount has been approved in the 2008-
2009 budget.
ALTERNATIVES: Np,ne Jd~
'J
/
411J,~J1~~
I { Department Head's SIgnature City Manager's Signature
j!A~.l~
PROCUREMENT
,
i
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
~r\\ CITY OF BOYNTON BEACH, FLORIDA
"
INTER-OFFICE MEMORANDUM
.-----.__.
TO: Sarah Byers DATE 11/]3/2008 FILF:
SUBJECT D]gltal Allv Sole Vendor Jusufication
FROM: Doug Solomon REFERENCES:
ENCLOSURES:
-----
Please accept this memo as justification for only using Digital Ally as our vendor for in car video cameras, and
not investigating other vendors who sell these systems.
Digital Ally is an existing vendor of in car video cameras, currently outfitted in 15 police cars. We would like
to purchase 10 additional cameras to replace obsolete and broken Kustom Signal video cameras. It should be
noted that the Digital Ally Video cameras are approximately $1600 less than the Kustom Signal cameras being
replaced.
As is stated in the agenda request form, Digital Ally's system is self contained in the rear view milTor, and
writes all the captured video to a flash card embedded in the mirror. When the flash card is full, or when an
event occurs (for example a DUI arrest), the flash card is turned in as Evidence.
Once in Evidence, these flash cards are uploaded to a proprietary database program known as a Digital Media
Manager. Embedded in the video is computer code known as metadata. This metadata stores all types of data
that is part of the video. Included in this data are things such as every time the vehicle brakes, if turn signals
are used, if the lights and sirens are engaged, the speed the police vehicle is traveling, the date and time of the
event, the officer's ID, and the vehicle number. This metadata also includes GPS data that allows the officer to
"mark" a location, so if they are pursuing someone and see the suspect toss a gun or drugs out the window,
they can mark the location. This allows them to go back to that spot after the pursuit is over to retrieve the
item/s tossed.
After everything on the flash card (video, audio, and metadata) is uploaded to the Digital Media Manager, it is
put into Digital Ally's proprietary database. From the database, we are able to perform searches for events
based on things such as date, vehicle number, officer, and other criteria associated with the metadata. \Ve are
also able to export the video and all the information for the events to DVD to send to the States Attorney or
Defendant Attorneys to be used in court.
All the video, audio and metadata created by these cameras systems and written to the flash cards are specific
to the Digital Media Manager. If we were to use another camera in the cars, the data created would not be
compatible with the Digital Ally Digital Media Manager. So even if the cameras were less expensive, we
would have to purchase additional software and hardware to upload, store and retrieve the video.
Please contact me with any questions.
PURCHASE REQUISIT~ :JBR: 0000047507
STATUS: DEPT APPROVAL 10/16/08
REQUISITION BY: POLICE REASON: REPLACEMENT OF IN CAR CAMERAS DATE:
SHIP TO LOCATION: POLICE SUGGESTED VENDOR: DIGITAL-ALLY INC. DELIVER BY DATE: 10/16/08
LINE UNIT EXTEND
NBR DESCRIPTION QUANTITY UOM COST COST VENDOR PART NUMBER
------------------------------,-----~------------------------------------------------------------------------------------------------
1 AS PER QUOTE #BBPD-10 ATTACHED 1. 00 EA 41250.0000 41250.00
DIGITAL-ALLY, INC.
7311 W. 13 OTH STREET
SUITE 170
OVERLAND PARK, KS 66213
1-800-440-4947
***PLS. RETURN PO TO PD****(DOUG SOLOMON)
***EXISTING VENDOR - MUST BE CONPATIBLE WITH
EXISTING IN-CAR CAMERAS
COMMODITY: EQUIP MAINT & REPAIR SERV
SUBCOMMOD: POLICE EQUIP & SUPPLIES
REQUISITION TOTAL: 41250.00
-----------.-------------------------------------------------------------------------------------------------------------------------
A C C 0 U N T I N FOR MAT ION
LINE # ACCOUNT PROJECT % AMOUNT
1 00121105216402 MACHINERY AND EQUIPMENT 100.00 41250.00
GENERAL EQUIPMENT
41250.00
REQUISITION IS IN THE CURRENT FISCAL YEAR.
~.. -'
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. -
Bill To: Boynton Beach Police Dept Ship To: Boynton Beach Police Dept fnd User Boynton Beacr Police Der
Doug Solomon Doug Solomon Uoug Saloma,
lOOSE Boynton Beach Blvd. lOOSE Boynton Beach Blvd. lOOSE Boynton Beach Blvd
Boynton Beach, FL 33435 Boynton Beach, FL 33435 Bovnton Beach. FL 33435
Phone: 561-742-6171 Phone: 561-742-6171 Phone ')61-742-6171
Fax: 561-742-6841 Fax: 561-742-6841 Fax 561-742-6841
SolomonD@ci.boynton-beach.fl.u Solomon D@ci.boynton-beachJI.us Solomon D@cl.boynton-beach.fI.us
~, .._~
Customer PO# Payment Salespersuli
Terms
30 __'___' Tr~LMc~_?y
Qty Item # Description Unit Price Line Total
~ .... --.. ,,-,-,'_.-_._--.-,,- -"','-~"""-"---''''''-''-''''''~'''''''''<'- $3.99S0a-'--------'-1'"1-----'-mso 00 "
fOO 1-0S00 /DVM-500 Digital Video Mirror Kit
r integrated 3.5" TFT Color Monitor
Rear Camera
GPS System
900 MHz Transceiver
Speaker and Internal Microphone
900 MHz Wireless Mic Kit
120x Zoom Digital Color Camera
4GB High Speed CF Card
Mounts & Cables
Operating Manual
Basic Video Manager Software
2-Year Warranty
Software & DVM
Wireless Microphone & Accessories
'''''100]:.0901' fExtr~ wir~ophone Kit, 900 MHz .,.,,,...,--""...',"""""'-_:~,'""..,-,-'..',",,.-, ''''_.~4''-,'.''''''''~,. ,..,.,...,,~'''~'''_.~._.A'.''''.... '~.......".._..'^
$26S.00;
900 MHz Wireless Mic
Desktop Charger
Lapel Microphone
Belt Clip
Digital Ally, Inc. 7311 W. 130th Street, Suite 170, Overland Park, KS 66213 Phone 800,440,4947 Fax 913.814.7775
Emai/: sales@digitalallyinc.com Website: www.digitalallyinc.com
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
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk' 5 Office
c=J August 19,2008 August 4, 2008 GNoon) o October 21, 2008 October 6, 2008 (Noon)
o September 2, 2008 August 18,2008 GNoon) o November 5, 2008 October 20,2008 (Noon)
0 September 18, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon)
o October 7, 2008 September 15,2008 GNoon) [gI Dece~ber 2, 2008 ~ November 17, 2008 GNoon)
~p\~ tp 1)ec.l(P
0 Announcements/Presentati ons [gI City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM c=J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing c=J
RECOMMENDATION: To consider options on disposal of the 1927 Old High School.
EXPLANATION: At the October 21, 2008 City Commission meeting, the Commission requested additional information
from staff on methods for disposal of the Old High School. On October 7, 2008 the City Commission authorized taking the
building back from the Boynton Beach CRA. Here are the disposal options:
I. Lease of the property to a non-profit.
2. Lease of the property to a private developer
3. Lease of the property to another governmental entity
4. Sale of the property to a non-profit
5. Sale of the property to a private developer
6. Sale of property to another governmental entity
7. Conveyance of property to a non-profit
8. Conveyance of the property to a private developer
9. Conveyance of the property to a another governmental entity
10. Use of the property by the City
II. Demolition of the property by the City
12. Continued Use of the property by the City of Boynton Beach i.e. City Offices
Leasing city property can be accomplished through a request for proposal or direct negotiations with a party selected by the
City Commission.
Sale or conveyance of the Old High School must follow the provisions of section 2-56 (c) of the City Code as follows:
(cl Real property. With regard to the sale of any real estate owned by the city, regardless of the estimated value thereof,
no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested
qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The
sale of real property for less than the fair market value shall require the approval by a vote offour-fifths (4/5) of the city
commission. After such appraisal shall have been completed and a fair market value determined, the property may be sold:
1. To the owner of adjacent developed property if the city property is to be used by the adjacent property owner as:
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
A. Buffer, or
B. For an extension of the use to which the adjacent property (J'wner is using the adjacent property at the time uf
sale.' or
7 To the highest bidder following a competitive bidding process as established by the city administration.
(Ord No. 90-54, ,93,11-20-90: Ord No. 97-45, S 1,9-2-97: Ord No. 01-66,9 1,1-2-02; Ord No. 03-002,.9 I, 2-I8-U3)
Please note the language that requires a 4/5ths vote of the City Commission to sell property at less than fair market value. For
purposes of this analysis, conveyance of the Old High School is assumed at a value of less than fair market value meaning that
any conveyance would require a 4/5ths vote. In either case, the terms of the sale or conveyance can inc lude a reverter clause.
a right of first refusal to buy the parcel back etc.
Demolition of the Old High School may be authorized by a simple majority vote, However, staff has not completed a title
search to determine if there is any reversion clause back to the former property owner, the School District of Palm Beach
County.
PROGRAM IMP ACT: The CRA Downtown Master Plan, brought before the City Commission on April 15,2008, identifies
Ocean Avenue as a potential Cultural Corridor that would bring a new identity and meaningful sense of place to the district
Envisioned Cultural and Civic Campuses anchor the west end of the corridor at Ocean Ave. and Seacrest Blvd., and anchored
at the east end is a pedestrian and retail hub which acts as a gateway to the planned Transit Oriented Development District
(TOD). The Cultural Campus includes adaptive reuse of the core structure of the Old Boynton Beach High School, adding
charm and distinction. and establishing a unique identity. Possible uses identified in the Master Plan include cultural offices.
art studio incubator, artist studio space and galleries.
There were also previous studies that incorporated the Old High School and they are summarized as follows:
Boynton Beach 20/20 Redevelopment Master Plan - September 1998: This plan retained the Old High School as a "Civil.'
Building" and eliminated the old Civic Center across the street.
Old High School Task Force Report - December 2003 - This report recommended that the Old High School be
renovated/rehabilitated and that the Task Force be given the opportunity to identify users, develop a use allocation plan.
design an area master plan and design a Business Plan Performa including sources of capital.
Ocean District Community Redevelopment Plan - February 2004 - This plan included options to either retain or remove the
Old High School. Most alternatives suggested its removal, except for Alternative 5 which was the proposed School House
Museum, with the High School building being preserved and rehabilitated,
Town Square Plan - January 2005 - This plan included two alternatives regarding the Old High SchooL Alternative]
included preservation of the Old High School at a cost of$5.2 M, to be used as a future cultural facility with a new
community center, Alternative 2 recommended demolition ofthe Old High School and construction of a larger. multi-
purpose community center and cultural facility.
Comparative Information from Palm Beach County and the City of Delray Beach:
Palm Beach County Court House: In the case of the Old Court House, the County maintains ownership of the building and
property but leases a portion of the building to a non-profit organization. The total project cost was $24M, with the
restoration being funded in its entirety by Palm Beach County through a Public Facilities Improvements Bond Issue (there
were two grants from the State totaling approximately $656,000). The build-out of the Museum cost an additional $].5 M.
(not included in the $24M) and was also funded by the County through a separate Recreational and Cultural Facilities Bond
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Issue. The County is responsible for annual operation and maintenance of the facility totaling $69,515 and for annual utility
costs of$129,484.
Old School Square, Delray Beach: In the case of Old School Square, the property is owned by the City of Delray Beach and
is leased to Old School Square a 501 c(3) organization. The FY 2007-08 expenses for Old School Square was $2.0M. The
City contributed $205,000 and the CRA contributed $210,000 toward this amount. The balance ofthe funds not paid by the
City or CRA comes from memberships, fund raising campaigns, sponsorships, state and county grants, endowment income,
rental fees, ticket income and other sources. The City of Delray Beach maintains exterior features of the building including
landscaping, lighting, air conditioning, roofs, walkways etc. The Old School Square organization is responsible for interior
maintenance and is responsible for activity programming for the building and site.
OPTIONS:
Lease or sale of the building to an outside organization.
Conveyance of building at no cost to an outside organization.
Use ofthe building by the City
Demolition of the building
Status quo
FISCAL IMP ACT: The City currently has budgeted: $625,000 - Demolition of building
$ 22,000 - Insurance on building for FY 08-09
$ 20,000 - Maintenance on building for FY 08-09
It is estimated that the staff time for preparing an RFP or lease agreement and making a recommendation for the use of the
building by an outside party wi1\ cost approximately $25,000 in staff and legal time. A staff team will be assembled to
facilitate the process.
A TT ACHMENTS:
I.) Regular City Commission Meeting - December 2, 2003 Minutes - Old High School Task Force Report
2.) Regular City Commission Meeting - February 17,2004 Minutes - Ocean District Community Redevelopment Plan.
3.) City Commission Workshop - January 31, 2005 Minutes - Town Square Report.
4.) Regular City Commission Meeting - March 1,2005 Minutes - CRA to take ownership of Old High School.
5.) Regular City Commission Meeting - April 15,2008 Minutes - CRA Downtown Master Plan.
Department Head's Signature ~-.
City Manager's Signature
Assistant to City Manager CfvvL-
City Manager's Office
Department Name City Attorney / Finance
S'\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Meeting Minutes \TTACW\1ENT # I
Regular City Commission Meeting
Boynton Beach, Florida December 2, 2003
Mr. Perry said they were in agreement with that.
Motion
Commissioner Ensler moved to approve the Second Amended Mediation Agreement subject to
reducing the tables in the Overlook area to 10 tables and the maintenance of the spaces in the
garage as written into the record by Attorney Cherof. Commissioner McKoy seconded the
motion.
City Manager Bressner explained that yesterday the City received a letter dated December 1 st
from the Related Group of Florida concerning the sale of the Marina slips in terms of the
ownership issues. He requested authorization to sign that letter as part of the approval of the
Agreement.
He asked whether the maker of the motion would amend his motion to include authorizing the
City Manager to sign a letter dated December 1, 2003, from the Related Group of Florida
regarding the sale of Marina boat slips in the Marina Village at Boynton Beach Marina
Condominium.
Commissioners Ensler and McKoy accepted the amendment.
~
Motion was carried unanimously.
Mr. Perry thanked the City and staff.
Carlos Rosso from the Related Group stated that they have submitted drawings for
building permits and as soon as they receive the permits, they are ready to begin construction.
The meeting was recessed at 8:15 p.m. and reconvened at 8:27 p.m.
IX. CITY MANAGER'S REPORT:
City Manager Bressner announced that Firefighter Steven Wojciechowski had passed away after
a very lengthy illness and his thoughts were with his family.
A. Review report of Old High School Task Force
City Manager Bressner said that this item comes to the Commission as a result of Commission
action earlier in 2003. The prior Commission was struggling with the decision of what to do
with the High School. The recommendation from City staff was to demolish the building and
there were recommendations from the public to save it. Doug Hutchinson, CRA Director,
suggested that a Task Force be created. The Task Force 'oVorked veri long and hard. Tney
retained the services of a consultant who specializes in dealing with difficult buildings and
historic buildings.
Doug Hutchinson, CRA Director, announced the members of the Task Force. In addition to
himself, they are Don Fenton, William Orlove, Arleen Dennison, Henderson 1illman, Ron
17
Meeting Minutes
Regular City Commission Meeting
Boynton Beach. Florida December 2. 2003
Weiland and Taryn Wheat. Dale Sugerman also sat in on some meetings for staff input. Mr.
Hutchinson thanked the Task Force for the many hours they put in over the past year. They
submitted a full report to the City Commission. Copies of the report and a full report from the
consultant are available in the CRA Office and the Library.
When the Task Force selected the consultant, they wanted to ensure that not only did the
consultant have the specialized skills but also that they had no previous ties to the City or this
project. They retained the services of Bender & Associates from Key West.
The Task Force recommends the following:
~ That the City accept the recommendations of Bender & Associates to renovate/rehab the
structure and not remove it
~ That the Phase I stabilization plan recommended by Bender & Associates is accepted
and that the City allocates funds not to exceed $250,000 towards that plan
~ That the City Commission grants the High School Task Force the opportunity to identify
users, develop a use allocation plan, design an area master plan for the building as it
relates to the immediate area including City Hall and the Children's Museum, and design
a Business Plan Performa including sources of capital
Bert Bender, President of Bender It Associates, explained that his team of professionals
included environmental specialists, engineers, architects, and structural, mechanical and
electrical engineers. They spent four days going through the building. After going through the
structure and reviewing the prior reports, they found that it was a structurally sound building
that is a prime candidate for a rehabilitation effort. The building has a lot of character and
significance to the community. They are making a recommendation to rehabilitate and restore
the building and preserve it for use within the community. Mr. Bender said that his firm
specializes in historic restoration of existing buildings and does work on existing buildings that
are non-historic as well.
Under Phase 2, the report states "Plumbing price assumes re-use of fixtures." Mayor Taylor
asked whether it was possible to re-use the fixtures. Mr. Bender said that it was possible
depending on the use of the building.
Mr. Hutchinson explained that the Task Force did not spend a lot of time on the design or the
asbestos issue. If the building is saved, the asbestos can be dealt with very easily. If the
building is torn down, it is more expensive to deal with the asbestos. The asbestos issue did
not drive whether the building should be torn down or not.
Mr. Bender explained that he had received several telephone calls regarding asbestos. There is
an overabundance of concern regarding asbestos. It is not harmful unless airborne. Then it
becomes an issue. The environmental engineer gave a report that said that if the building is
demolished, the asbestos must be abated before demolition. If the building is restored, what
little bit of asbestos might be in the plaster can be encapsulated simply by cleaning and painting
the walls. The asbestos that they know exists is in the floor tiles. But by simply cleaning and
18
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida December 2. 2003
waxing the tiles, the asbestos will be encapsulated. If you choose to remove the tile, you must
abate asbestos. The other options are to simply maintain it or cover it with something. If it is
carpeted, then it is encapsulated.
Commissioner Ensler asked whether the five samples that were taken were from floor tiles,
walls or insulation. Mr. Bender replied that the five samples that he was referring to were only
plaster samples. Four were negative. The fifth one was positive with greater than 1%
asbestos.
Commissioner Ensler asked what it would take to do a follow-up report. Mr. Bender responded
that it would cost $3,250.
City Manager Bressner thought that it was clear that the building can be saved per the report.
One of the issues to consider is how much of the building should be saved. The building is
approximately 28,000 square feet. The front portion of the building is the classroom building.
The back portion is the gymnasium area. There is no exact age for the gymnasium but it is not
quite as old. He asked the consultant whether the costs are equal to refurbish the front portion
and the rear.
Mr. Bender said that the rough costs are equal, whether dealing with the gymnasium portion or
the front portion. The gymnasium is a very significant part of the building and to remove it
destroys the historic significance of the building.
City Manager Bressner identified the following five alternatives that the Commission may want
to consider:
1. Follow the Task Force's Recommendation to stabilize the building at a cost of
approximately $250,000 at this time and request that the Task Force continue its
work to include a report as to adaptive re-use options for the building at a cost of
approximately $50,000. This would require a budget amendment as the current
budget has $50,000 in it for this fiscal year.
2. Proceed with the asbestos abatement study for $3,250 before authorizing the
stabilization of the building so that an informed decision can be made. He felt that
this was important.
3. Hold the discussion of the project until the City Commission concludes discussion on
Capital Improvement priorities that is scheduled for December 19th.
4. Authorize staff to obtain an additional opinion on the building condition. This goes
back to a report provided by the Risk Manager.
5. Go with the asbestos abatement study and roll this into conversation regarding
capital improvements before authorizing stabilization of the building. Get some ideas
from the Commission and the community regarding types of uses.
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Meeting Minutes
Regular City Commission Meeting December 2. 2003
Bovnton Beach, Florida Commissioner Ensler felt that the 5th alternative made sense to him. Then, the Commission
could better understand what it is that the building could be used for.
Commissioner McCray thought that they should complete the asbestos study. He would need
an estimate on how much it would cost for a second opinion. He is in favor of saving the
building.
Mayor Taylor agreed with the asbestos study and asked how long it would take.
Mr. Bender said that they could have a preliminary report before Christmas.
City Manager Bressner said that the other issue is whether lead paint was used on the premises
and what type of abatement might be necessary for that.
Mr. Bender said that this may already be in the proposal but he will confirm that.
Motion
Vice Mayor Ferguson made a motion to go ahead with the asbestos and the lead study at a cost
not to exceed $6,000. Commissioner Ensler seconded the motion that carried unanimously.
Mayor Taylor asked whether the estimated $250,000 to stabilize the building was in the budget.
City Manager Bressner said that the money is available in the capital projects fund but it would
need to be allocated for this project and that would require Commission action.
Mr. Hutchinson pointed out that the Task Force recommended not to exceed $250,000 because
they felt that the rest of the studies could be included in that figure. So, it would not be
$250,000 plus $50,000. It would be $250,000 total for stabilization and re-use.
Harvey Oyer, Jr., 512 N. Seacrest Boulevard, stated that he graduated from the High
School in 1944. The tile that was referred to was put on after World War II and covers wood
floors. His understanding of the damage to the gymnasium was that it was caused by roof
beams that were not reinforced with concrete. This has since been corrected.
He previously headed up a Task Force from the Boynton Historical Society and they raised quite
a bit of money. They hired an architect and had a set of detailed plans. If this building is
visioned by the City as being a cultural center, it would anchor one end of Ocean Avenue with
the Marina development. This school originally had students from the Atlantic Ocean to 441
and from the Delray Beach City limits to Lantana. He felt that these people need to be included
in the planning for the uses of this building. He thought that the building should be preserved
and put to a cultural use.
Mr. Oyer felt that the present Task Force is stacked with eRA members. No one on the
Historical Society had any input. For the maximum benefit to the community and the least cost
to taxpayers, a committee should be set up to obtain grants and donations. He said that
people will not donate money to provide government offices.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida December 2. 2003
Hillery Lynch, 28 Country Road, is President of the Boynton Cultural Center that oversees
the Schoolhouse Children's Museum. They have had two incredible years with the Museum.
The Board spent a lot of time strategically planning for where they see themselves going. The
High School is an integral part of that growth. The Board is glad that the High School building
will hopefully remain. She requested that the Commission include the Boynton Cultural Center
as part of the Task Force for the future use of that building.
B. Discussion of additional Property Tax Assessment Exemption for Income Eligible
Senior Citizens per FSS 196.075
City Manager Bressner explained that State Statute allows local governments to authorize up to
an additional $25,000 property tax assessment exemption to income eligible senior citizens.
The basic criteria are that senior citizens are permanent residents and property owners who are
at least 65 years old and have a household income of $20,000, which was then adjusted for
inflation. The current adjusted number is $21,599.
Earlier this year Palm Beach County enacted legislation for County year 2004. Several
municipalities have authorized this. The time line is that in order to be effective for 2004, a
decision was necessary by December 1st. If the Commission is interested in proceeding with
this, consideration would need to take place in calendar year 2004 and a resolution adopted
prior to December 1, 2004 for implementation in 2005. The County will have a data base using
the same income eligibility criteria that the City would use. The City could utilize their
methodology. They will have much of the eligibility issues and number of individuals identified
so that the Commission can made an informed decision as to whether they wish to go forward
with this program.
He did not know what fiscal impact this would have on the City. Information he received from
other jurisdictions indicates that the impact is not known to be significant.
It was the consensus of the Commission to put this item on an active agenda for May 2004.
X. FUTURE AGENDA ITEMS:
A. Discussion of rotation of CRA Chair (December 16, 2003)
B. Joint meeting with Commission and CRA on Development Issues (December 17,
2003 - 5:30 p.m. - Conference Room C - West Wing)
C. City Commission Capital Improvement Workshop (December 19, 2003 - 9:00
a.m. - Conference Room C - West Wing)
D. Proposed Ordinance regarding granting to Florida Power & Light Company an
electric franchise agreement for the period of thirty years from the date of
acceptance (January 6, 2004)
E. Strategic Planning Session (January 2004)
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A TT ACHMENT # 2
Meeting Minutes
Regular City Commission Meeting Februarv 17. 2004
Boynton Beach. Florida Commissioner Ensler asked whether the proposed construction would meet all hurricane
standards. Mr. Rumpf replied that it would have to in order to be permitted.
Motion Vice Mayor Ferguson seconded the motion that
Commissioner McCray moved to approve.
carried unanimously.
F. Approve a donation of $4,000 to the Boy Scouts of America from the forfeiture
fund
Commissioner McCray clarified that this donation was being made to the Gulfstream Council in
Palm Beach County and funds would be used for all scouts located in the Boynton Beach area.
Motion
Commissioner McCray moved for approval. Commissioner McKoy seconded the motion that
carried unanimously.
VII. CODE COMPUANCE . LEGAL SETTLEMENTS:
A. Motion to pay settlement from court ordered mediation in the amount of $15,000
to Peter Ebbole (slip and fall)
Motion
Vice Mayor Ferguson moved to approve. Commissioner McCray seconded the motion that
carried unanimously.
VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A. Presentation of the Ocean District Community Redevelopment Plan (TABLED TO
02/~7/D4) (Proposed Ordinance No. 04-003)
Motion
Commissioner McCray made a motion to remove the item from the table. Commissioner McKoy
seconded the motion that carried unanimously.
Quintus Greene, Director of Development, presented the Plan in the absence of the project
manager, Margelly Beltran. The Ocean District is bounded on the north by NE 3rd Avenue, on
the west by Seacrest Boulevard, on the south by SE 2nd Avenue and on the east by the FEC
Railroad. This is the third of five segmented updates of the CRA Plan. The first segment was
the Federal Highway Corridor and the second was the Heart of Boynton. The purpose of the
Plan is to revitalize the downtown area of Boynton Beach and present a desirable place to live
and work. It also provides recommendations that would facilitate the creation of a new image
of mixed uses for the civic and cultural center of the area.
Staff looked first at the existing conditions in the area. Some of the strengths of the area
include the cluster of civic and cultural activities, the proximity to the Marina and Federal
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Meeting Minutes
Regular City Commission Meeting
Bovnton Beach. Florida Februarv 17. 2004
Highway and the retail potential along Boynton Beach Boulevard. The area also had some
liabilities, including the railroad on the eastern boundary, some M-1 industrial uses and poor
pedestrian connections in the area.
Mr. Greene explained that there were two in-house visioning sessions with City staff. They also
held two public workshops for property owners and residents in the area. Staff provided three
broad plans and divided them each into quadrants. Residents were asked to pick from the
different plans. It evolved into two broad planning themes. Both were very similar with one
major difference. That difference occurred in the northwest quadrant of the plan. The public
was split 50-50 on whether the old high school should remain or not. Staff is therefore
presenting both plans.
Alternative 4 is the existing Town Square Plan. It presents the opportunity for the library
expansion, a new civic center auditorium, a new parking structure and a pedestrian link
between City Hall and the Ubrary. Alternative 5 has many of the same elements except it has
the old high school being refurbished. It would result in moving the parking structure to the
west. There would be no pedestrian corridor. However, it would allow for the expansion of the
Library, a new civic center and a new parking structure at the southern end.
One of the things very apparent to staff was that there is an acute shortage of space relative to
City facilities, particularly in City Hall. There would probably be a need for some kind of public
building. Staff's recommendation is that this new public building should be located at the
northeast corner of Seacrest and Boynton Beach Boulevards. This would frame the entrance to
downtown. To link these two publiC buildings, they are proposing a skywalk that would
traverse Boynton Beach Boulevard. They would recommend that Boynton Beach Boulevard
have a median installed to enhance landscaping and would encourage mixed-use development
along the sides.
A few years ago Ocean Avenue between SE 1st Street and Federal Highway was enhanced.
They would recommend that this be maintained at the current scale and encourage mixed use
development with commercial and offices on the ground floor and residential uses above.
There are two residential areas in the Plan. They are multi-family and single- family residential.
The multi-family is north of Ocean Avenue, between Ocean Avenue and Boynton Beach
Boulevard. They are not recommending a significant change in this area other than those that
residents wish to undertake. They also feel that the single-family residential area should be left
as is other than any improvements that property owners wish to undertake.
They are recommending a paving treatment at Seacrest Boulevard and Ocean Avenue. They
also recommend a median along Seacrest Boulevard and an arch at Seacrest Boulevard and
Ocean Avenue to enhance the entrance.
The east end along the FEC Railroad was identified as one of the problem areas. They are
recommending quad gates at both Ocean Avenue and Boynton Beach Boulevard. These gates
prevent automobiles from driving around them. Trains would no longer be required to blow
their horns with these quad gates. However, these gates are expensive. They recommend
14
Meeting Minutes
Regular City Commission Meeting
Boynton Beach. Florida February 17. 2004
landscape treatment along the west side of the railroad consisting of a heavy row of trees to
mitigate and absorb some of the sounds.
Mr. Greene said that staff had some specific recommendations. They propose an amendment
to Section 3 of the Comprehensive Plan Future Land Use Support Documents to address some
of the issues in the Plan. They also propose to amend the Zoning Code to include spedfic
regulations in the mixed-use low intensity zoning district. There are also certain amendments
to the Future Land Use Map that need to be made. These are future action items.
He showed some examples of mixed-use developments in San Diego and pointed out that none
of the buildings shown exceeds 75' in height.
Commissioner McCray felt that the City prepares plan after plan. He asked when something
would happen.
Mr. Greene responded that planning is the first step. The next step is that decisions must be
made by this Commission relative to the capital improvement program. That is where the
money is budgeted to implement many of the recommendations that the planning staff make.
The City Commission has already taken steps to expand the Ubrary and is investigating the
preservation of the old high school. There is a study regarding City Hall space needs. There
have already been some improvements made to Ocean Avenue. These are all capital projects.
It is just a question of when the City has the resources to be able to implement some of the
recommendations.
Commissioner McCray said that we had to be realistic. This is something that is not going to
happen in five or six years.
Mr. Greene explained that there are private/public partnerships. He has seen a public
courthouse built by the private sector and leased by a city for 30 years.
Commissioner McCray said that the Oty had the Visions 20/20 and he felt that nothing has
happened.
Mayor Taylor said that he was a part of the Visions 20/20 and a lot has happened. The Marina
project would be coming out of the ground by the end of this month. The Arches project is in
negotiations now. The City purchased land for the promenade.
Commissioner Ensler complimented Mr. Greene and his staff for the excellent study. He felt
that the alternative that the Commission was looking for was the one that retains the old high
school, alternative 5.
Motion
Commissioner Ensler made a motion to accept alternative 5 of the Plan. Commissioner McKoy
seconded the motion.
City Manager Bressner thought that there were elements of the Plan that were not feasible.
However, this is a starting point. These are just guidelines and they would change.
15
Meeting Minutes
Regular City Commission Meeting
Boynton Beach. Florida February 17. 2004
Mayor Taylor did not want to lock in alternative 5.
Mr. Greene explained that the plan is not a bible. He recognized that as circumstances change,
plans also change.
Both Vice Mayor Ferguson and Commissioner McCray thought that it was premature to vote on
the Plan.
Assistant City Attorney Payne pointed out that this item is scheduled for a first reading of an
ordinance adopting the Plan unless the Commission does not want to move forward with the
ordinance.
Mr. Greene explained that this Plan is the third phase of the update of the CRA Plan. It has the
same effect as the Federal Highway Corridor Plan and the Heart of Boynton Plan.
City Manager Bressner asked what the recommendation was from the CRA regarding the Plan.
Doug Hutchinson, CRA Director, reported that their recommendation was to keep all
alternatives of the Plan. State Statute requires that the Plan be updated every few years. The
CRA did not choose one alternative over another.
Commissioner Ensler felt that the Commission should give some guidance regarding the old
high school.
City Manager Bressner explained that at the capital improvement workshop, it was not a
preordained decision that the City would refurbish the high school. The maximum investment
that was authorized by the Commission was approximately $300,000 with the full expectation
that anything beyond that would be borne either by the private sector or the CRA. That would
put limitations on what the building could be used for. It could be used for cultural, social or
perhaps some private sector operations.
Brian Edwards, 629 NE 9th Avenue, was in favor of keeping the old high school. People
tend to be attracted to and attach themselves to history and culture. There are only four
historic buildings in the City. He urged this Commission, the CRA and City staff to find a way to
save the school.
Herb Suss, citizen, thought that the high school must remain. He concurred with Mr.
Edwards.
Marie Horenburger, 3020 Pine Tree Lane, said that she had served on the City of Delray
Beach City Commission and was part of preserving the Old School Square. There were a lot of
people in Delray Beach who were not very interested in preserving the old schools. Those
schools have become linchpins for development. She hoped that the community would support
the preservation of the old high school in Boynton Beach.
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Meeting Minutes
Regular City Commission Meeting
Bovnton Beach. Florida February 17.2004
Mayor Taylor clarified that no one on the Commission said they wanted to demolish the old high
school. There were some things in the Plan that the Commission heard for the first time (for
instance, buying the northeast comer of Seacrest and Boynton Beach Boulevards to build a
public building). He did not know whether the Commission agreed to everything in the Plan
and he did not want to lock the City into it.
City Manager Bressner explained that the purpose for adopting the Plan was to have the ability
to put in land use changes and look at the area in a more detailed fashion. For example, it
does not require the City to purchase the property across the street.
~
The motion to accept alternative 5 of the Plan failed 2 to 3 with Vice Mayor Ferguson and
Commissioners McCray and McKoy dissenting.
Motion
Commissioner McCray moved to accept the Ocean District Plan without having alternative 4 or 5
locked in. Motion was seconded by Vice Mayor Ferguson and carried unanimously.
Assistant City Attorney Payne read Proposed Ordinance No. 04-003 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 04-003. Commissioner
McKoy seconded the Motion. City Cieri< Prainito called the roll and the motion passed
unanimously.
The meeting recessed at 8:32 p.m. and reconvened at 8:42 p.m.
B. Project: 503 North Seacrest (LUAR 03-010)
Agent: Don Stacks
Owner: Edward Eatman III
Location: 503 North Seacrest Boulevard
Description: Request to amend the Comprehensive Plan Future land Use Map
from Local Retail Commercial (LRC) to Low Density Residential
(LDR) at 4.84 dwelling units per acre
Assistant City Attorney Payne swore in everyone who would be testifying.
Dick Hudson, Senior Planner, reported that this property is developed. It consists of
approximately 4,800 square feet. The request is consistent with the current use of the
property. It is nonconforming because it is designated for commercial use. The property is
valued at less than $60,000 so conversion is not poSSible without a variance. The lot was
originally platted in 1925. Access to the site is off NW 4th Avenue. The project meets all
policies of the Comprehensive Plan. It is very consistent with the Heart of Boynton study that
recommended that the properties on the west side of Seacrest Boulevard should go to single
family residential. With properties that are nonconforming, banks will not loan money to fix
them up. Staff recommends approval.
17
:\TTACHMENT # .'~
MINUTES OF THE CITY COMMISSION WORKSHOP HELD IN THE LIBRARY
PROGRAM ROOM, BOYNTON BEACH, FLORIDA, ON MONDAY,
JANUARY 31, 2005 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor Kurt Bressner, City Manager
Mack McCray, Vice Mayor Janet Prainito, City Clerk
Bob Ensler, Commissioner
Mike Ferguson, Commissioner
Carl McKoy, Commissioner
I. Call to Order
Mayor Taylor called the Workshop to order at 6:30 p.m.
II. Town Square Report - Angela Budano and Corey O'Gorman
Vice Mayor McCray inquired what the costs of the Consultant's Services were in
providing the Town Square Report. The cost for the report was $20,250.
Corey O'Gorman presented the Report, a copy of which is on file in the City Clerk's
Office. Mr, Q'Gorman explained that the report is a comparative analysis for the
Boynton Beach Town Square. Matters to be discussed would include the scope of
services, the methodology of the work, alternatives for the Town Square, and their
conclusions.
~ Scope of Services
This included data collection, analysis, review of previous reports, meeting with
members of the Town Square Council, and formulating design scenarios. Information
sources included the Cultural Center, Children's Schoolhouse Museum, Recreation and
Parks Department, and others.
The costs are conceptual cost estimates and provide the costs for the two alternatives
being considered. The first alternative was to renovate the Old High School to be used
as a future cultural facility with a new community center. The second alternative is to
demolish the Old High School and construct a larger, multi-purpose community center
and cultural facility.
They re-reviewed some of the previous reports done for preservation of the Old High
School. They looked at uses for the Oid High School in order to formuiate square
footage estimates for new construction to include uses for the Children's Schoolhouse
Museum, Art Center, Civic Center and Madsen Center. Office space could be provided
for the Code Compliance Office and the CRA, plus events' planning use. Estimated total
space needs for alternative one are 62,000 square feet and 65,000 square feet for
alternative two.
Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31,2005
They looked at how the spaces could meet the demand, space needs themselves and
parking needs, They also considered the intrinsic value of the building. A letter was
recently generated by the Florida Department of State, Historic Resources Division,
encouraging that the building be preserved.
They also looked at neighboring communities that have renovated historic buildings that
are being used for public purpose. One such place was Old School Square in Delray
Beach and they spoke personally with Mr. Joe Gillie, who is the Executive Director of
Old School Square. Historic and cultural grants are available for these purposes, as
well as funding from foundations, Renovating historical buildings of this type can be
revenue generating. The report addresses other historic buildings that were renovated
and preserved including Lake Park City Hall, Ft. Pierce City Hall, Lake Worth City Hall
and Old School Square.
Maintenance costs for Old School Square are $200,000 per year, but it generates over
$20 million in revenue. Some of the income generating features in Old School Square
that could also be incorporated in the Old High School are performing arts, classrooms
and room rentals, as well as art gallery space. Renovation of the Old High School could
provide the City with an historical sense of place, legacy and pride of ownership, and
community buy-in.
~ Focus Area
The focus area they looked at included the three blocks south of the existing City Hall
complex. This also included the Old High School, Children's Schoolhouse Museum,
Civic Center, the residential property to the east of the Civic Center, the Library,
Madsen Center and Art Center. Both alternatives include the acquisition of the
residential properties; however, it is not required.
~ Alternative NO.1
This would include preservation of the High School Building and construction of a
j:37,000 square foot community center building next to the Art's Center. The space
between the two buildings would become an open event space, but has yet to be
defined.
~ Alternative NO.2
This alternative is demolition of the Old High School Building with construction of a third
floor to the community center building in alternative 1. This would provide a total of
approximately 62,000 square feet of space.
~ Budget
The conceptual budget for both alternatives is included in the backup to the report. The
budget is a 16-division breakdown based upon the existing floor plan and was not
prepared to specifically accommodate any particular use of the building.
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Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31, 2005
The new community center is conceptual and is not included in their report. ML
O'Gorman pointed out that they neglected to include operation and maintenance costs
in the budget and he would provide these costs to Mr. Bressner by the end of the week.
There is a margin of error and the designs would have to be finalized in order to obtain
complete numbers for every aspect of construction for both alternatives.
Mr. O'Gorman noted that Burkhardt Construction had done some recent renovations of
historical buildings and they assisted him with the 16-division breakdown of the budget.
Next presented was a comparison of costs between Alternative 1 and Alternative 2 that
included land costs, design costs, construction and indirect costs.
~ Alternative 1, preservation and renovation of the Old High School as a cultural
facility and construction of a 37,000 square foot community center -$28,887,154
., Alternative 2, demolition of the Old High School and construction of a 62,000
square foot community center- $27,795,540
~ Costs to renovate the Old High School approximately - $5.2 million
($158 per square foot)
., Construction of a two-story, 37,000 square foot community center
approximately- $7 million
($162 per square foot)
~ Construction of a three-story community center approximately - $11 million
($155 per square foot)
From the reports that they looked at, they have determined that the Old High School is
structurally sound and would be a value to the citizens.
They looked at parking, open space and programming. The total square footages of the
buildings of both alternatives provide space for programs. The same amount of parking
has been included for both alternatives.
~ Conclusions
The Old High has a historical character that is normally the focus of preservation.
Previous studies recommended preservation. There is support for and against
preservation of the Old High School. The Old High School, based upon previous
studies, is physically sound for renovation. It appears that expansion of the Children's
Schoolhouse Museum would fit in nicely with the restored Old High School.
> Funding
Currently there are limited City funds budgeted for the restoration and no CRA funds
have been appropriated for a new community center. If the Children's Schoolhouse
"
.)
Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31,2005
Museum expands into the Old High School, a potential partnership could be worked out
between the CRA and the Cultural Center to assemble the necessary financing to
renovate the Old High School.
Both alternatives offer comparable open space area. Anticipated redevelopment
projects in the downtown would change the demographic profile that could have a
profound impact upon the demand for space and programs in Town Square.
There is a potential partnership among the Children's Schoolhouse Museum, the City
and the CRA that could preserve the building. As an alternative, the City could go out
for an RFQ for renovation and occupancy of the buildings. This could be a tool to
determine if there is an interest in moving forward with Alternative 1.
Mr. O'Gorman concluded his report and entertained questions.
Vice Mayor McCray asked who the other members of the Council were in addition to
Commissioner Ferguson. Mr. O'Gorman responded that they spoke with Arleen
Dennison, Virginia Farace, Doug Hutchinson, Wally Majors, Kurt Bressner and Wayne
Segal. Vice Mayor McCray noted that Don Fenton was. also a member of the Council
and questioned why he was not spoken to. Vice Mayor McCray inquired if the group that
was formed by this Commission ever met as a group. Mr. Bressner responded that the
group no longer functioned after the study was completed. This report is the second
study done.
Vice Mayor McCray inquired when the first group met and if Commissioner Ferguson
ever attended any meetings. Commissioner Ferguson responded that they had three or
four meetings that resulted in the first report. Since that time, he has not been contacted
by anyone.
Vice Mayor McCray inquired if Delray Beach had any difficulty in obtaining funding for
Old School Square and to maintain current funding to keep the facility operational.
Mayor Taylor thought that in the beginning the City subsidized Old School before it
became self-sufficient. Ms. Budano stated that the $200,000 that the City contributes is
for maintenance of the exterior of the facility. The remainder of the project is self-
supporting and, in fact, generates revenue for the City. Mr. Bressner will determine the
exact costs for operating Old School Square.
Commissioner Ferguson was not pleased with the proposed location of the new
community center. If the Commission decided to raze the Old High School, he would
like the new civic center built in that location. Commissioner Ferguson felt that it would
be more feasible to demolish the Old High School and to build a new civic center in its
place. This would alleviate the shortage of space for the Children's Schoolhouse
Museum. He also inquired about the survey that the Cultural Commission had been
working on. Mr. Bressner was not certain if the survey was complete.
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Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31, 2005
Commissioner Ferguson did not think that the Commission could address this at its
February 1 sl meeting and recommended that the item be placed on the February 15th
agenda.
Commissioner Ensler inquired about the statement made in the report that states
"Based on interviews with City officials, although the High School building could serve
as interim space for recreational programs and some offices, the building is not an ideal
location for either." He inquired what the consultants were recommending as a use for
the Old High School. After speaking with Wally Majors, Recreation Director, Mr.
O'Gorman determined that the Old High School would not be the best place for
recreational type uses. However, programs offered at the Art Center would be best
suited at the Old High School.
Bert Bender, an architect from Key West, Florida who specializes in historic
preservations, had prepared a report on the building. He pointed out that the Old High
School is a significant historic structure and should be preserved and saved for the
community. This would be a legacy for future generations. He questioned the accuracy
of the costs of the alternative uses being so close. He pointed out that there are
characteristics in the Old High School that could not be replaced by a new building.
There were many ways for the building to be used and a new entrance to the back of
the building could be introduced.
Mr. Bender had examined the building and found it to be structurally sound with great
historic and architectural value, He also received a letter from the State's Preservation
Officer encouraging the City to save the building.
Commissioner Ensler inquired why 1 sl Avenue was included in the previous plans, but
not in the current report. Mr. O'Gorman stated that their report focused upon the two
alternatives for the Old High School and looked at the overall site from a general
perspective.
Commissioner Ensler also pointed out that the report indicated that the City does not
have a specific historic preservation ordinance and inquired if the City should adopt
such an ordinance. Mr. Bender responded that this would allow the City to receive
funding from the State's Preservation Office and Federal Government. Commissioner
Ensler felt that it would be feasible for the City to adopt such an ordinance even if it
were not used in this instance.
Mayor Taylor noted that firms that specialized in restoring historic buildings prepared
some of the previous reports. The report prepared by the High School Task Force noted
that there were spaces within the building that had not been opened for inspection,
which concerned him. He felt that once they started to renovate the building there wouid
be areas exposed that would cost a great deal of money to renovate.
Mr. O'Gorman stated that since that report was prepared, those areas were opened up
and the asbestos and the pigeon droppings were corrected and the building has been
5
Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31, 2005
secured as a result of the High School Task Force recommendations. Ms. Sudano
stated that the remediation costs for the asbestos have been factored in,
Mayor Taylor also noted that the Children's Schoolhouse Museum needed between
22,000 to 27,000 square feet for expansion. Renovating the Old High School would
provide an additional 28AOO square feet. If this were the case, it would appear the
Children's Schoolhouse Museum would use the entire building.
Mayor Taylor questioned why the plans for a new Community Center indicate that there
would be 25,520 square feet and the second floor would be only 11,600 square feet. Mr.
Bressner pointed out that this floor would be multi-purpose and there would be an
atrium around the floor. If the building went to a third floor, there would be more square
footage.
Commissioner Ensler was under the impression that the Community Center would be
used for the arts with a stage and theater. Mr. O'Gorman responded that the report did
not indicate uses. Mayor Taylor anticipated having enough floor space in order to
accommodate the anticipated programs and that the buildings should be designed for
this purpose.
Vice Mayor McCray inquired if the Old High School had been checked for damage after
the hurricanes. Mr. Bressner responded that there was minimal damage.
Mayor Taylor inquired if the land costs in the conceptual budget were for purchasing
residential properties. Mr. O'Gorman responded that it was and pointed out that the
acquisition of those properties was not necessary for either of the Alternatives.
Mayor Taylor felt that they should set a date to make a decision on how the
Commission wanted to proceed. Commissioner Ferguson recommended February 15th.
Commissioner Ensler requested that the Commission be provided with the answers to
the questions raised tonight by that date. Mr. Bressner stated that he would try to have
this available by that time, but noted that he had to speak with Delray Beach and he
was not certain how long this would take. Commissioner McKoy recommended March
1 st for having the necessary information. Mayor Taylor also pointed out that the size of
Old School Square was much larger than what the City was proposing.
Ms. Sudano pointed out that Mr. Gillie, the Executive Director of Old School Square,
was present to answer any questions. Mr. Gillie stated that he would be glad to assist
the City. He noted that it was critical to the success of the Old High School to determine
how the building would be used. He reported that there were 1,500 events held on the
site that was attended by over one-half million people. The success of Old School
Square provides an economic balance for the downtown.
Mr, Gillie noted that every ballet school in the City of Boynton Beach rents Delray
Beach's facility for their dance recitals. This generates over $140,000 in rent. Even
though the City contributes $200,000 yearly for maintenance, the money actually goes
back in to support many community organizations. He noted the importance of having
6
Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31, 2005
cultural amenities in the community and felt that this could be accomplished by
renovating the Old High School. This could be a drawing card for people to come to the
downtown.
Mr, Gillie also reported that they recently purchased a two-acre block next to Old School
Square on which a park would be placed. He also recommended that jf the City were
going to purchase any surrounding properties, they should do so as soon as possible
before the costs became prohibitive. Mr. Gillie was opposed to tearing down the Old
High School and felt it would provide the City some history.
Mayor Taylor inquired if Mr. O'Gorman considered making the community center four
stories. Mr. O'Gorman responded that when they looked at providing programs and
recreation, the two (or three) story community center, plus the Old High School, met
those needs.
Doug Hutchinson, CRA Director, addressed the Commission and pointed out that he
was a preservationist since 1983 and sat on many national boards and worked on over
60 certified restoration projects. He felt that the actual cost of the project would be a lot
less after taking into consideration the amount of money that the building would
generate and the grants that would be available. Mr. Hutchinson reported that many
contractors in the area have approached him with offers to help with restoration by
providing in-kind services.
Brian Edwards was in favor of saving the Old High School. He responded to
Commissioner Ferguson's question about the results of the survey done by the Cultural
Center Board. He noted that the survey had been completed and the initial results
appear to be positive. Mr. Edwards stated that the only reason that the survey had not
been presented was to allow the Commission time to provide input. He felt that the
historical value of the Old High School would compliment the Children's Schoolhouse
Museum and the proposed Town Square.
The Cultural Center Board has never been given an opportunity to raise any funds to
save the Old High School. This would be a public-private partnership similar to the
Children's Schoolhouse Museum. They are prepared to raise money if they were given
the authority to do so.
William Orlove, Vice Chair of the Recreation and Parks Board, noted that his Board has
discussed this issue and the Board was in favor of preserving the Old High School for
cultural purposes. They envision using the building for expanded programs of a cultural
and social nature. If the current Civic Center were torn down and replaced with another
building, the Board would like it to be a Civic Center. They also favored having an
outdoor amphitheater that would bring many people to the downto'Nn area.
Susan Buchanan, a City resident, was in favor of preserving the Old High School. She
liked the atmosphere and environment of the City. Ms. Buchanan felt that preserving the
Old High School would give the City a unique identity. She noted that the City needed to
'7
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Meeting Minutes
City Commission Workshop
Boynton Beach, Florida January 31, 2005
have attractions in order to bring people downtown and renovating the Old High School
would help provide this.
Commissioner Ensler asked Mr. Hutchinson if he could come up with a plan to show
who would manage and finance the Old High School, as well as covering the costs for
operation and maintenance. Mr. Hutchinson stated that he would bring this issue up for
discussion at the CRA retreat and could have this information available by the first of
March. Commissioner Ensler envisioned the CRA working with the Cultural Center to
come up with a plan.
III. Strategic Plan & Recreation and Open Space Element of the
Comprehensive Plan
David Barth, of Glattlng Jackson Kercher Anglin Lopez Rinehart, Inc., the
consulting firm hired by the City, noted that this would be the first of two workshops. He
would be presenting a status report of their work and provide the results of their
research to date. They have tried to assist the City by identifying a long-range vision.
Mr. Barth introduced Mr. Carlos Perez from his firm, and Terry Clark from Staff
Connections, who helped with the organizational structure,
They have been involved in three plans as follows-
v'' Organizational structure.
./' Update of Recreation and Open Space Element of the Comprehensive Plan.
./ Develop a long-range vision for the Open Space Element
Mr. Barth noted that there was additional information included with the agenda packet in
addition to the PowerPoint presentation that he would be giving, copies of which are on
file in the City Clerk's Office. The salient points of the presentation were:
. Evaluate the organizational structure of the Parks and Recreation Department in
terms of efficiency, effectiveness and professionalism.
. Provide a long-term strategy that would be codified into the Comprehensive Plan.
. Made site visits on August 23rd and 24th and the schedule is on target
. Conducted interviews with the Commission on September 20th and 21 st.
. Conducted two meetings with the Recreation and Parks Board.
. Worked to develop a map and they would be developing a narrative for a map.
The narrative should be ready for the second meeting,
. Conduct two review/consensus meetings with the Commission, tonight's meeting
being the first.
Existing conditions of the City's parks, open space, facilities and programs were
highlighted. Needs assessment techniques were looked at and will be addressed.
Mr. Barth pointed out that every neighborhood had some kind of open greenspace,
which were reviewed. Existing elements are:
8
\TTACHMENT rt ~
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1, 2005
'-.'.'
MOTION
Vice Mayor McCray so moved. Commissioner Ferguson seconded.
VOTE
City Clerk Prainito called the roll and the motion carried 5-0.
IX. CITY MANAGER'S REPORT:
A. Disposition of Old High School
Chief Bingham indicated Disposition of the Old High School issue was requested by
Commissioner Ferguson for discussion. He referred the matter back to the chair.
Mayor Taylor stated it had been agreed the Commission would make a decision tonight
on the Old High School.
Douglas Hutchinson, Director of the Community Relations Agency stated the
Agency would take ownership of the project and see it through a restoration process in
cooperation with community groups for a mixed blend of uses.
Mayor Taylor opened the discussion to the public.
Louise De Camara, 836 East Drive, stated the Old High School does have historical
value being three quarters of a century old. The architectural details indicative of that
era are historical and worth saving. The Vision 20/20 master plan includes the school in
the Town Square project development. A study from September, 1998 reported the
school should be featured in the development.
Susan Buchanan, 807 Ocean Inlet Drive, serves on the board of the Boynton Cultural
Center. She stated the board has been working with Triangle Two Partners on a
strategic plan and a market assessment feasibility study. Consultants from Triangle
Two Partners were to be present; however, weather conditions prevented them from
attending the meeting. She highlighted the study's findings and validity saying the
methodology and sample size gave the study a 95% confidence rate with an error rate
of + or - 4%. The study reveals 93% of those sampled were aware of the museum,
91 % of its members were satisfied with their membership and 84% had a lot of interest
in the museum. Fifty-four percent indicated expanding into the old high school was very
attractive and 21 % indicated it was somewhat attractive. Ms Buchanan said the
economic impact study showed with purposeful marketing an expanded cultural center
will have a definite positive impact on the downtown area.
22
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CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1, 2005
DeDe Mahler, President of the Boynton Cultural Center, who resides at 11965 North
Lake Drive. read a statement from the Boynton Cultural Center asking the Commission
to recognize the accomplishments of the Center and Schoolhouse Children's Museum
and join them in taking the project to the next level. She asked for the authority, in
conjunction with the Community Redevelopment Agency, to design and develop the
reuse of the old high school. Ms. Mahler requested that an agreement be drafted
between the three parties to accomplish the objective of preserving the old high school.
The Cultural Center would be willing to act as the managing partner with respect to
developing the property and programs to make it an exciting place in Boynton's
landscape.
Kim McGowan, 945 Le Grace Circle, a resident for ten years and a member of the
Arts Commission spoke on her own behalf. She defined history according to Webster's
Dictionary as, "what has happened in the life and development of a people, country,
institution", etc. Ms. McGowan said Boynton had a vision of its future but also needed a
reflection of its past. Preservation demands pride. She felt if the school were torn down
it would destroy the identity of the town.
Marie Shephard, Ridge Pointe Woods stated she used to live where the police station
presently stands. The old high school is an important part of her life since her mother
and father met and were married here and she and all her siblings attended school in
the building. She felt the building should be saved since there is a lot of history to be
proud of in Boynton Beach such as the Woman's Club Ms. Shephard offered to devote
as much time and money that she could for the success of the project.
William Orlove, 2459 Cranbrook Drive, Vice Chair of the Recreation and Park
Board and served on the CRA Ad Hoc committee which studied the feasibility of
preserving the building. He stated the Recreation and Park Board has discussed the
High School several times and strongly favors preserving the building to be used for
cultural, educational purposes and expanding the Schoolhouse Museum. As a citizen
he observed the growth in Delray Beach around Old School Square and hopes that
Boynton can do the same with the old high school. He felt it was a part of the town's
collective past and should remain as part of its collective future.
Buck Buchanan, 807 Ocean Inlet Drive and immediate Past President of INCA
spoke on behalf of INCA. He read into the record and supplied copies of a letter sent to
the Commission. The letter indicated INCA members voted unanimously to support the
preservation and restoration of the old high school. It was also noted the project would
offer an aesthetically pleasing mini complex of restoration to harmonize with newer
surrounding architecture.
Brian Edwards, 629 North East 9th Avenue felt emotions was a major factor in
preserving the old high school. He said the Cultural Center Board was never able to
23
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1, 2005
--'_eo
raise money for this project without the permission of the City fathers. The Cultural
Board developed the Children's Schoolhouse Museum and Mr. Edwards felt they could
also develop the old high school.
Mayor Taylor closed the public audience.
Vice Mayor McCray stated he was a resident of Boynton for 51 years and his school
was torn down in District 2. He indicated he has been discussing the old high school for
over five years. His question was, did the historical registry have the 1927 High School
listed. Mr. Hutchinson replied it had not been applied for. Mayor Taylor added the
papers have all been prepared and just need to be submitted.
Vice Mayor McCray also asked what miracle happened that gave the CRA a new turn or
new vision to step up and take this project over. He requested the funding figures
again.
Mr. Hutchinson reiterated it was an approximately $6,000,000 restoration project. The
City has contributed $300,000 CRA over the next 24 to 36 months an additional
$2,000,000 which makes $2.3 million as the match for grants and foundation
underwriting and inkind contributions for construction. Historical preservation grants will
be $1.5 million. The County will be asked for 750,000. Also inkind contributions of
construction will total approximately $1,000,000. Local contributions and private
corporations will contribute $1,000,000 and foundation grants $1,000,000. Total grants
will be $5.2 million with the CRA and City's committed amount comes to $7.5 million
which leaves $1.5 million surplus funds to establish an endowment.
Vice Mayor McCray questioned who was going to be responsible for the upkeep once
complete. Mr.Hutchinson said the CRA. He added if the City directs that the CRA is
responsible for the old high school the CRA will raise additional funds, work out the
partnership and with the ownership goes the maintenance and upkeep and the
responsibility for a cash flow to sustain the school.
Addressing the Boynton Cultural Center, Vice Mayor McCray asked if the Center had
raised any money for the project.
Arlene Dennison, Executive Director at the Schoolhouse Museum indicated they wrote
a grant to a local foundation, if the building was saved the money could be used for
expansion. She noted it was very difficult to raise money for a new building. Historic
preservation is a big factor in starting the synergy to raise money and possibly use
focus groups as was used with the Schoolhouse Museum. It was $100,000 on the first
grant.
24
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CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1, 2005
Mayor Taylor commented he has been the most outspoken for tearing the school down
due to the cost and not knowing the source of funding. Bonnie Dearborn, the state
person had told Mayor Taylor the maximum funding a year is $350,000. The Mayor
indicated the phone survey that was conducted had poorly constructed questions and
was a problem. For the first time reading the report, and after receiving many letters, he
could finally see how the restoration can be accomplished. He felt the CRA taking the
lead and working with the Cultural Center the project is now possible. The Mayor stated
he envisions the old school being used for educational and cultural events and the new
state of art civic center used for sporting and recreational purposes. Plus he liked the
concepts that generated revenue such as the gift shop and coffee shop which would be
economic generators. Mayor Taylor would now be a strong supporter of the CRA taking
the lead and the Cultural Center as a partner for saving the high school.
Commissioner McKoy admitted he was the new kid on the block on this issue and
sometimes it was easy in the life of a project to lose site of the objectives. He realized
that the Vision 20/20 plan talked about the restoration of the high school and it has been
sitting at a yellow light. Commissioner McKoy felt a green light was needed and he is in
favor as well for preserving the old high school.
Commissioner Ferguson stated he had to oppose the restoration. He too saw the flaws
in the survey and felt it was rigged based on his experience in the market research
business. He visualizes the east end of Boynton Beach being one end of a barbell and
the other end down here only smaller. In the survey it was extrapolated out the
frequency distribution indicated there were 1.2 million visitors to the Children's Museum
last year and he felt that was ridiculous. His objection was the CRA funds account for
40% of the $7,000,000 and the CRA is devoting its time to this venture when it should
be concentrating on the downtown area and MLK area. He also questioned why the
funds for the cultural activities only apply if we save the old high school as opposed to a
brand new civic center which could be in the present location of the old high school.
Two things he wanted to make very clear were in January, 2001 a promise was made
that funds would be found for this high school if we kept it and again in 2003. It did not
happen and he would not vote for it. He stated the cost similarities are striking, 158 to
rehabilitate and 162 to build a new one. He could not vote to retain it.
Commissioner Ensler said he realized he is now the anchor man. He appreciated the
serious proposal that was made. He had a few questions of staff. First of all, what kind
of motion was needed to have it approved.
Mr. Hutchinson said it would be a directive for the CRA to put on their March 17th board
meeting to officially make the offer for acceptance of the old high school that was
transferred to the City from the school district. The legal structure will have to be
investigated.
25
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CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1, 2005
Commissioner Ensler inquired, who in the long term would have ownership of the
school and the property it is on. Mr. Hutchinson said the CRA wished, if they were
funding and underwriting, that they have ownership of the structure and responsibility
for maintenance, renovation and so forth. The CRA would then contract with the other
entities. Commission Ensler asked if that would include the grounds around the high
school. Mr. Hutchinson indicated yes.
Next Commissioner Ensler asked if the program was successful, what would the city's
obligation be towards the high school, financial liability of the City. Mr. Hutchinson
replied the CRA would shoulder the burden, and funds committed and spent on taking
out the asbestos and other things would be the extent of the City's obligation.
Commissioner Ensler speculated if there was a serious financial problem it would be the
CRA's responsibility. Mr Hutchinson said yes, which is why the CRA wanted ownership
of the asset.
Commissioner Ensler asked at what point in the fund raising would it be appropriate to
draw up the final contract. His concern was if enough money cannot be raised what
would happen at that point. Mr. Hutchinson felt confident there was enough interest and
funding to get the project well underway. The "what if' question was still not answered
and Commissioner Ensler wanted a response. Again, Mr. Hutchinson indicated there
was already sufficient funds and inkind contributions to get the building up and
operating.
Commissioner Ensler again asked, what if you find out it is going to cost $12,000,000 to
refurb the school and you only have $6,000,000. Mr. Hutchinson was confident in his
estimation of costs. Commissioner Ensler wanted a legal answer. Mr. Hutchinson's
response was it could be torn down in the future. Commission Ensler asked what
happens in terms of the arrangement. It is now turned over to the CRA and there are
not sufficient funds to do the work. Would the school then be turned back over to the
City? Mayor Taylor suggested it could be written in as a reverter clause. Mr,
Hutchinson indicated the CRA needs to have title before the project can be started. His
concern was no foundation would donate money if the title and ownership is in question.
Reverter or performance clauses can be included in the agreement.
Vice Mayor McCray asked for clarification on the asbestos removal that was mentioned
by Mr. Hutchinson. Mr. Hutchinson responded the City's job was finished and any
future movement and restoration of the project would rest solely with CRA.
Vice Mayor McCray wanted to know if the Commission approved the project how fast
would money be coming in. Mr. Hutchinson said there would be no waiting because
eRA underwriting and commitments from key contractors would be able to immediately
hire a restoration specialist to look at key elements with the cultural board. At that point
grants can be requested.
26
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CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1,2005
Vice Mayor McCray inquired if the $6,000,000 would be coming out of the bonds just
approved. Mr. Hutchinson said no.
Arlene Dennison of the Cultural Center added the Center has legal counsel ready to
work with the CRA on the school.
Commissioner Ensler wanted to emphasize he is in favor of the recommendation and
his only concern was for the taxpayers in the long term.
Vice Mayor McCray asked if everyone present at the CRA workshop was in favor of
restoration. Mr. Hutchinson replied yes.
Mayor Taylor referred to the comment that the CRA should be working on the Heart of
Boynton and he felt the old high school is the center of everything being done.
Downtown and the City of Boynton has to be viewed as one entity. This should be a
centerpiece for everything going on with the CRA.
Mr. Hutchinson added staff is proposing going to 30% design for streetscapes for MLK.
Seacrest to link MLK to town square and Boynton Beach Boulevard has been planned
for years and the CRA is adjusting a $6.3 million river walk to a future time and
feasibility linkage putting those funds into momentum projects. In the next 24 to 36
months there will be an additional $5 million put into the Heart of Boynton over the
previous plans. Areas have not been ignored and the CRA is investing off the water
into the core of the community.
Vice Mayor McCray questioned parking for the old high school and the new state of the
art civic center. Mr. Hutchinson indicated parking was part of a master plan the
designer would work on and needs to be coordinated. Mayor Taylor added the two
plans showed parking garages, one with the high school and one without the high
school.
Chief Bingham stated the City Manager's, only concern was the CRA and the Cultural
Center be involved in discussion relating to the possible future conveyance of the
building. He suggests a specific timetable and specific deadline for reporting to the
Commission. This would disallow anyone group to get ahead of the other. He further
suggested the effort be well coordinated and communicated so everyone is in the loop
and better able to respond to questions by elected officials.
Motion
Commissioner Ensler moved to restore the old high school and requested the CRA take
whatever action is necessary to formalize the change in ownership to the eRA for a
time certain.
27
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA MARCH 1, 2005
.-_...,"
Mr. Hutchinson asked for input from legal counsel and stated the CRA's legal staff will
draft the first round. Attorney Cherof indicated the reasonable time is whenever the
Commission wants to visit it again.
Commissioner Ensler stated he made the request because Mr. Bressner was pressing
for a time certain. Mr. Hutchinson said the draft would be back in a month.
Vice Mayor McCray suggested the date be set as April 5th.
Mayor Taylor restated the motion is to restore the old high school with the CRA and
question if the Cultural Center should be included in the motion. Mr. Hutchinson
requested that only one person be responsible.
Commissioner Ensler said the motion would stand as stated, approval to restore the old
high school and authorizing the CRA to come back to this Commission with the formal
documents to accomplish that by the first meeting in April.
Commissioner McKoy seconded the motion.
Motion carried 4-1 (Commissioner Ferguson dissenting).
X. Future Agenda Items
H. Zoning in M-1 District (TBD)
Commissioner Ensler related it was discussed at the preagenda meeting staffs
comments to review standards for M-1 zoning on arterial road. A study was started
three years ago and has never been completed. Commissioner Ensler supported
completing the study. He indicated it was also suggested to have moratorium during
the study period. He requested that staff prepare whatever documents needed to have
the study done and a moratorium, and by the next meeting have a date when the study
can be complete. It should include architectural standards and uses. His concern was
if development decisions were being made based on a fear factor especially in the M-1
districts.
Vice Mayor McCray added that it was also stated that anything in the hopper this would
not affect. Attorney Cherof concurred. The procedure is set forth in the Code to
announce and get a moratorium started that is referred to as Notice of intent. A
resolution would be made for the next agenda however the deadline for the next
Commission meeting has come and gone. He would seek direction from the
Commission to disregard that deadline.
28
Meeting Minutes A TT ACHMENT # 5
Regular City Commission
Boynton Beach, FL April 15, 2008
the option to request the right to be excluded from the designation and if requested, they are
excluded. The process should be to define the area and begin notifying the property owners of
their options and eventually map the area.
Vice Mayor Rodriguez reiterated it should be commercial, industrial and selective residential that
are slotted for redevelopment. If the motion is passed, then the CRA and City staff can work
together to map the area for approval.
Motion
Commissioner Weiland moved to designate the entire CRA area as a brownfield and aI/ow any
individual or property owner the option, if they desire, to opt out. Commissioner Ross seconded
the motion.
Motion
Vice Mayor Rodriguez moved that the Commission take the recommendation of the CRA board
and allocate brownfield designations to commercial, industrial and selective residential
properties and allow the City Manager through GIS to come back with specifics to be
brainstormed. Commissioner Hay seconded the motion.
Attorney Cherof advised the motions were competing and Commissioner Weiland would need to
agree with the substitute motion. Commissioner Weiland did not agree with the substitute
motion.
Commissioner Weiland's motion failed 2-3. (Mayor Taylor, Wee Mayor Rodriguez and
Commissioner Hay dissenting)
Vice Mayor Rodriguez's motion passed 3-2. (Commissioners Weiland and Ross dissenting)
Attorney Cherof mentioned that once the map was prepared and the notice to the property
owners begins, the property owners retain the right to elect out of the designation area.
E, Approve the Downtown Master Plan
Vivian Brooks, Assistant Director of the CRA, introduced Cesar Garcia-Pons and explained the
CRA had a number of plans that overlapped, making it very difficult for developers in the area.
The RFP for the Downtown Master Plan attempted to consolidate the plans for one concept.
Mayor Taylor noted the Commission had already viewed Mr. Garcia~Pons presentation. He
inquired if the Commission approved the downtown master plan, would the Commission be
approving everything laid out in the plan. Ms. Brooks advised the plan does not obligate the
Commission, rather are conceptual in nature. Commissioner Hay requested a legal opinion and
Mr. Bressner noted there was very strong language in the plan regarding the Old High School
and its adaptive reuse. Mr. Garcia-Pons emphasized the language is "desirable to stay."
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL April 15, 2008
..---..
Attorney Cheraf advised the Commission was not obligated, but it needed to be clear that it is
conceptual and perhaps some of the language in the document itself should reflect that it is
conceptual with some disclaimers. Ms. Brooks agreed edits could be made. Attorney Cherof
agreed with the City Manager that some of the key components should be resolved before
approving the Downtown Master Plan, even as a concept. Commissioner Ross felt the plan
should continue to move forward. It was noted plans could be amended and the RFP will let the
market determine the building's feasibility. Mr. Garcia-Pons added the Master Plan is simply a
guideline and a moment in time
Motion
Commissioner Hay moved to conceptually approve the Downtown Master Plan. Vice Mayor
Rodriguez seconded the motion. The motion passed 4-1. (Commissioner Ross dissenting)
F. Amend the Land Development Regulations to delete the accessory use restriction.
Attorney Cheraf advised the Code prohibits accessory use, except in conjunction with the
primary use. The use is a residential use. If you were to modify the Code to eliminate the
requirement, vacant lots would be used for accessory uses in advance of the primary use being
constructed. Accessory uses would include a boat dock, swimming pools, tennis courts,
basketball courts, barbeque facilities and many others. The staff and legal recommendation
was that the Code not be expanded and not eliminate the requirement that the use be
accessory to a primary use. A motion would not be necessary to retain the status quo.
Bob Brown, 701 S. Seacrest, alleged the action taken by the City is a misinterpretation of the
Code. It does not prohibit docks. Mr. Brown reviewed the various definitions within the Code
that relate to accessory and primary uses. He noted the dock would be a stand-alone dock.
His contention was the State of Florida and the Army Corps of Engineers have controlled and
owned the Intracoastal Waterway. Mr. Brown advised he had permits from the State and the
Army Corps of Engineers to build a boat dock on their property along with a consent of use
easement. It was his theory that the dock would be a stand-alone accessory on the State
property and not on his property; therefore, the Code regulations did not apply to his proposed
dock. Access to the dock would be from the bulkhead and not on the same lot which is what
the accessory use definition requires.
Mr. Brown requested that, based upon the Code definitions, the Commission declare a boat
dock is in fact an accessory use even though it is not on the person's property, and clarify the
Code.
Motion
Commissioner Weiland moved to accept the recommendation of staff. Vice Mayor Rodriguez
seconded the motion. The motion passed unanimously.
XII. LEGAL:
18
CITY OF BOYNTON BEACH
INTER-OFFICE MEMORANDUM
TO: Mayor Jerry Taylor
Members of the City Commission
CC: Kurt Bressner, City Manager
FROM: James A. Cherof, City Attorney
RE: Old High School
DATE: November 17,2008
This memorandum supplements the City Manager's Agenda Item Request Forml prepared for the
December 2, 2008 Commission Meeting. The City Manager has asked that I advise the
Commission of any legal restraints on the City's power to transfer by sale or lease the Old High
School Property.
Florida municipalities have broad power under the Florida Home Rule Act (Chapter 166, Florida
Statutes) to dispose of real property. The Municipal Home Rule Powers Act, Ch, 166, F.S., grants
to municipalities broad home rule powers. Section 166.021(1) states:
As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal services, and may
exercise any power for municipal purposes, except when expressly prohibited by law...
'" (4) The provisions of this section shall be so construed as to secure for municipalities
the broad exercise of home rule powers granted by the constitution. It is the further intent
of the Legislature to extend to municipalities the exercise of powers for municipal
governmental, corporate, or proprietary purposes not expressly prohibited by the
constitution, general or special law, or county charter and to remove any limitations,
judicially imposed or otherwise, on the exercise of home rule powers other than those so
J The City Manager outlines twelve options to which a thirteenth (land swap) can be added.
Page I of3
c:\documents and settings\lejeunec\local settings\temporary internet files\olklc\comm (old high school
conveyance).doc
expresslyprohibUed... An}' other limitation oj pmrer upon uny municipu/ity containea "
an.v municipal charter enacted or adopted prior to JuZ) , j 15P 3. is herebr nullified ana
repealed
In the absence of a Charter or Code provision which limits a City's power a decision regarding the
transfer of real property by either sale or lease is left to the discretion of the City Commission. This
general rule does not apply to the disposition of real property in the City's Community
Redevelopment Area which was "acquired for community redevelopment.'" The Attorney General
has recently opined that the limitations on disposal of property in a Community Redevelopment
Area apply only to property that was acquired for the purposes of redevelopment activity. There is
nothing to indicate that the City intended that the property be used for redevelopment purposes
when it was acquired from the School Board in 1994. Notwithstanding the CRA'S intent to use the
property for redevelopment purposes, that right was derived through the ILA between the City and
the CRA which has subsequently been rescinded. The conveyance from the City to the CRA will be
nullified when that action is completed.
The City Charter contains a limited restriction on the Commission's power to sell or lease real
property. Code Section 2-56 of the Code of Ordinances provides this restriction:
(c) Real property. With regard to the sale of any real estate owned by the city,
regardless of the estimated value thereof no such sale shall be conducted or
consummated until such time as subject property has been appraised by a disinterested
qualified appraiser to be designated b,1/ the city commission(or the purpose of
establishing a fair market value thereon The sale of real propertyfor less than the fair
market value shall require the approval by a vote offour-fifths (4/5) of the city
commission. After such appraisal shall have been completed and afair market value
determined. the property may be sold:
1. To the owner of adjacent developed property if'the city property is to be used
by the adjacent property owner as:
A. Buffer; or
B. For an extension of the use to tvhich the adjacent property owner is using
the adjacent property at the time of sale: or
2. To the highest bidderfollowing a competitive bidding process as established
by the city administration
Each of the disposal choices listed by the City Manager (plus land swap) in the agenda Cover Sheet
are legally permissible options, subject only to the above-described conditions for a sale of the
Page 2 of3
c:\documents and settings\lejeunec\local settings\temporary internet files\olk 1 c\comm (old high school
conveyance).doc
property. Notwithstanding which option the Commission chooses, the Commission must still act in
the public's best interest. If the property is sold or leased, the resolution of the City Commission
authorizing the conveyance should contain a description or statement of the public benefit
anticipated from the transaction, how that benefit will be derived and the role of the grantee in
accomplishing the public benefit.
Page 3 of3
c:\documents and settings\lejeunec\local settings\temporary internet files\olklc\comm (old high school
conveyance ).doc
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM B
AGENDA ITEM REQUEST FORl\~
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 Meeting Dates in to City Clerk's Office
X December 16, 2008 December 1,2008 (Noon) D February 17,2009 February 2, 2009 (Noon)
D January 6, 2009 December 15,2008 (Noon) D March 3, 2009 February 17,2009 (Noon)
D January 20, 2009 January 5, 2009 (Noon) D March 17, 2009 March 2, 2009 (Noon)
D February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16,2009 (Noon)
0 Announcements/Presentations X City Manager's Report Q
--
NATURE OF 0 Administrative D New Business 0 0-':1
00 -....(
-C .
AGENDA ITEM 0 Consent Agenda 0 Legal 0 -<<fla.
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D Code Compliance & Legal Settlements D Unfinished Business I rC',O
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RECOMMENDATION: Coru<;dcr th, reloc.HoD of th, C;ty Publ;c Wock> Compound .t th, 'Ugg"tiOD ofN,w u~ _
Communities and provide direction to City Staff on whether or not to continue exploratory negotiations with New Urban ::
Communities or to advise New Urban Communities that the City is not interested in this proposal.
EXPLANATION: Attached please find correspondence from Tim Hernandez, Principal of New Urban Communities. Mr.
Hernandez is the representative for the developer of the property on the northwest corner of High Ridge Road and Miner
Road. This property has received approval by the City for the construction of both single-family and multi-family units.
As a result of the downturn in the residential market, the developer is now considering a transition to Industrial Use, a use that
would be compatible with other nearby properties. Mr. Hernandez is offering the City the opportunity to re-Iocate its Public
Works Facility to this site. Furthermore, Mr. Hernandez is amendable to either a direct sale ofland to the City or to consider
a lease or lease/purchase alternative.
The economic climate obviously makes it very difficult for the City to seriously consider the opportunities proposed by Mr.
Hernandez. However, it is the same economic climate that may, in fact, make this a cost effective scenario for the City. The
desire to redevelop the existing Public Works Complex located at NE 9th Avenue, a residential neighborhood, is still a factor.
Therefore, the sooner that relocation of the complex occurs, the more likely it will be to attract developers to consider
investment in this portion of the Heart of Boynton.
Staff is very aware of other City priorities/projects such as the Police Facility and South Congress Park. However, staff
would be remiss to not bring this opportunity, put forth by New Urban Communities, to the attention of the elected body.
PROGRAM IMPACT: Possible relocation would result in moving the Public Works Complex out of the Heart of Boynton
to allow for residential growth within the area and also would provide much needed space for City vehicles, City maintenance
shops and various offices located at the current complex.
FISCAL IMP ACT: Unknown at this time. Fiscal impact would be assessed in more detail if this matter is explored further.
S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TE RJ"\ A TIVES:
Staff foresees two options as follows:
I. Authorize staffto proceed with exploratory negotiations with New Urban Communities for the purpose of
constructing a Public Works Facility on the northwest comer of High Ridge Road and Miner Road and to further
explore possible funding alternatives. A follow up report would be provided to the City Commission detailing the
discussions and alternatives.
2. Authorize staff to advise New Urban Connnunities that the City is not interested at this time in relocating the Pubhc'
Warks Facility and that the developer may proceed with preparation of a private development plan submittal
according to rules promulgated by the City's Land Development Regulations.
/) ~~
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City Manager's Signature
~J-bL G itt(~.~:> Assistant to City Manager ......~
Department Name City Attorney;' Finance
S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC
New urban+communities Ke cel~tJ
el"cJ,c.tI, ~ 1/.1
September 24, 2008
Mr. Kurt Bressner, City Manager
City of Boynton Beach
100 Boynton Beach Boulevard
Boynton Beach, FL 33425
Dear Mr. Bressner:
Weare the owners of the 18.44 acre High Ridge residential development located at the
NW comer of High Ridge Road and Miner Road within the City of Boynton Beach. We
were very optimistic about this property when we bought it, but the continuing housing
downturn has adversely affected our ability to develop it as planned. Earlier this year the
City approved a site plan change from 126 townhomes to 110 single family homes.
However, despite a year long effort to market the property for residential use, we have
been unable to generate sufficient interest among homebuyers for our lender to allow us
to proceed with the development as planned. In the meantime, we received several
unsolicited offers to purchase the property for Industrial use. Weare in the process of
filing a land use amendment to change the designation of the property from Medium
Density Residential to Industrial.
During a pre-application meeting with City staff, we were advised that the City is in need
of a new public works yard and were asked if we would consider selling or leasing all or
a portion of our site, subject to further review by staff and approval by the City
Commission. It was indicated that this property was of adequate size and well located for
such a use.
We have discussed this concept internally and would consider selling or leasing either all
or part (but in no case less than 8.5 acres of the property) to the City of Boynton Beach.
A key reason we would be willing to sell to the City is that our land use plan amendment
for the remaining parcel could be processed as a small scale amendment instead of large
scale amendment required for the entire possible, as small than 10 acres.
Following are terms and conditions that would be acceptable to us under both scenarios:
Purchase scenario: Under a purchase, we would be willing to sell the City all or part of
the property at a price of $10 per square foot. If the City purchased only a portion of the
property, then we would need to approve the location of the land purchased by the City.
We would also request a closing take place prior to the end of calendar 2008, to enable us
to take a tax loss in connection with the sale. No brokerage commission would be paid.
lfthe closing could not take place during calendar 2008, we would still be willing to sell
the property to the City, but we would need to get a higher price, $11 per square foot.
398 NE 6th Avenue, Delray Beach, FL 33483
Tel (561) 279-8706 Fax (561) 272-3951 www.newurbancommunities.com
Mr. Kurt Bressner
September 24. 2008, Page 2
Lease scenario: We would be willing to enter into a NNN Ground Lease at S(U';6 per
gross square foot ofland leased by the City. The initial tem1 of the lease would need to be
at least Fifteen (15) years, with two (2) five (5) yearrenewals. The lease will have annual
escalations of 2.5%. Ifthe City leased only a portion of the property, then we would need
to approve the location of the land leased by the City. If the lease and commences during
calendar 2008. we would be willing to reduce the lease rate to $0.83 per gross square
foot.
We appreciate your interest in the land. We ask that this proposal be considered 111
executive session by the City Commission and some indication of the City's level of
interest be provided to us at the earliest possible date so we can modify our land use
amendment if necessary. Ideally, the City Commission would authorize ( 1) site desIgn
studies to be undertaken and (2) basic terms and conditions of a purchase or lease be
negotiated by staff. Attached are aerials of the property, which has been cleared and
filled to grade. Please call me if you require any additional information. Thank you for
your time and consideration.
Sincerely,
New Urban High Ridge, L.L.C.
Tim Hernandez, AICP
Principal
c: Kevin E. Rickard
Jeff Livergood, P.E.
Brian Grossberg
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XI. - NEW BUSINESS
CITY OF BOYNTON BEACH ITEM A.
AGENDA ITEM REQUEST FORln
Requested City Commission Date Final Form Must be Turned in Requested City Commission Date Final Form Must be Turned in
Meeting Dates to Citv Clerk's Office Meeting Dates to Citv Clerk's Office
c=J August 19,2008 August 4, 2008 (Noon) o October21,2008 October 6, 2008 (Noon)
c=J September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon)
c=J September 16,2008 September 2,2008 (Noon) o November! 8, 2008 November 3, 2008 (Noon)
c=J October 7, 2008 September 15,2008 (Noon) [8J December 2, 2008 IlL November 17,2008 (Noon)
-rabkd to DeL. I e,.-
0 Anno uncements/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative ~ New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Lt:gal Settlements 0 Unfinished Business
0 Public Hearing c=J
RECOMMENDATION: Review procedure for rotation of Vice-Mayor position. Code as written does not provide for annual
rotation as did earlier version,
EXPLANA nON: At the request of Commissioner Ross, the City staff performed a legislative analysis of Section 23 ofthe
City Charter and Section 2-1.2 of the City Code.
Section 23 of the City Charter was amended last in 2002 and did provide for annual review of the Vice-Mayor position.
Section 2-1.2 as adopted in 2003 provided for annual selection and a rotation system for the Vice Mayor following the
November elections or each year in the event that an election was not held. The operative language in the City Code was that
the discussion on the Vice Mayor was scheduled for the second meeting of November each year. In April 2008, with the shift
ofthe municipal elections from November back to March, Section 2-1.2 was amended again. However, the language in the
2008 code change was keyed specifically to the Vice Mayor selection after a municipal election. Prior to 2002 when the City
had two-year terms, there was an election each year. However in 2002, the Charter changed to three-year terms. This means
that the City would not have an election every year. The next municipal election will be March 2010, then March 2011 and
then March 2013. In order to have an annual review of the Vice Mayor position, the City Code will need further modification.
Attached as Exhibit A is a report that summarizes staff research.
PROGRAM IMP ACT: A change in the Section 2-].2 will bring the City Code into compliance with the terms of Section 23
of the City Charter, which contemplates an annual review. The change will also afford members of the City Commission to
serve as Vice-Mayor on an annual rotating basis.
FISCAL IMP ACT: None
AL TER~V:S: Do not make the 'nde ,hange and hold the ,hange ;n 7)ce-Mayo, to MatCh 2010 pet the 'u"ent code.
~filL_~ ~~
Department Head's Signature City Manager's Signature
Assistant to City Manager
Department Name City Attorney I Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Exhibit A
Here is the original language that was In the City Code when we had elections in November This was put into effect
in 2003. It put an annual rotation schedule mto place
Sec. 2-1.2. Vice-Mayor appointment.
At the second regular City Commission meeting in November of each year, the City Commission shall
appoint one of its members to serve as Vice-Mayor. Any member of the City Commission who has not
previously served as Vice-Mayor during his or her current term of office may be selected to serve as Vice-
Mayor. No second of the nomination is required. Voting shall occur in the following manner: Voting shall
be by voice vote. Each member of the Commission shall vote for one nominee in each round of voting
until one person obtains a majority vote. If no nominee obtains a majority in round one, there is another
round of voting but the nominee with the least number of votes does not move on to round two. If there
are four nominees in round one, the nominee with the most votes wins. If only one member is nominated
to serve as Vice-Mayor. the Mayor shall declare the nominee appointed by acclamation without the
necessity of a vote.
(Ord. No. 03-063, ~ 1. 12-16-03)
Here is the language per the current City Code as approved In April 2008 The language does not specifically call
for an annual appointment
Sec. 2-1.2. Vice-Mayor appointment.
At the second regular City Commission meeting following the swearing in of newly elected officers.
the City Commission shall appoint one of its members to serve as Vice-Mayor. Any member of the City
Commission who has not previously served as Vice- Mayor during his or her current term of office may
be selected to serve as Vice-Mayor. No second of the nomination is required. Voting shall occur in the
following manner: Voting shall be by voice vote. Each member of the Commission shall vote for one
nominee in each round of voting until one person obtains a majority vote. If no nominee obtains a
majority in round one. there is another round of voting but the nominee with the least number of votes
does not move on to round two. If there are four nominees in round one. the nominee with the most votes
wins. Ifonly one member is nominated to serve as Vice-Mayor. the Mayor shall declare the nominee
appointed by acclamation without the necessity of a vote.
(Ord. No. 03-063. ~ L 12-16-03: Ord. No. 08-005. ~ 3.4-] -08)
S'\BULLETINIFORMSIAGENDA ITEM REVUES!' FlJRM DOl
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
City Charter Language
Sec. 23. Mayor, Vice Mayor; election, procedure.
At the first regular or special meeting of the City Commission immediately following an election, the
Vice-Mayor of the City shall be selected by a vote of the Mayor and Commission. The Vice-Mayor of the
City shall serve in such capacity for a period of one year until the next general election of a member of the
commission. In the event, of a vacancy in the office of Mayor, the Vice-Mayor shall automatically assume
the duties of said office until a successor Mayor is elected as provided herein. If, for any reason, there
shall be a vacancy in the office of Mayor, a special election shall be held within sixty (60) days of the date
of said vacancy, provided that should said vacancy occur within one hundred (100) days of a regularly
scheduled general election, no such special election shall be held and the Mayor, or successor Mayor,
shall be elected at the general election. Upon the election of a successor Mayor, the Vice-Mayor shall
reassume his duties as Vice-Mayor and the successor Mayor shall serve for the remainder of the term of
the originally duly elected Mayor. In the event of a vacancy in the office of Vice-Mayor, the vacancy on
the City Commission shall be filled by the Commission in the manner herein otherwise provided, and a
successor Vice-Mayor shall be elected by a vote of the Mayor and City Commission. (Laws of Fla. 1947,
Ch, 24398, S 19; Laws of Fla., Ch, 63-1122, S 1; Ord. No. 80-41, S 2,10-21-80; Ord. No. 83-54, S 2,2-7-
84, election of 3-13-84; Ord. No. 97-36, S 2, 8-5-97, election of3-10-98; Ord. No. 02-043, S 4, 8-20-02,
election of 11-5-02)
Please note the one-year language. This worked fine when we had two-year terms which meant that there was an
election each year However, we changed to three-year terms in the election of November 5, 2002 (when there
were substantial charter changes). Because the Charter limits the term of the Vice-Mayor for a period of one year,
Section 2-1.2 of the City Code, as presently written, may need review.
City Charter Language on Terms of Office (also approved in 2002 by the voters)
Sec. 19. Terms of elective offices.
(a) All elective offices shall be for the term of three (3) years and no person shall be eligible to hold
any elective office for more than two (2) consecutive terms. For purposes of this section, elective office
shall include both mayor and commission member,
(b) The resignation from, or forfeiture of, an elective office during any part of a three (3) year
elective term shall be deemed to constitute a full and complete term under the provisions of this section.
(Laws of Fla. 1947, Ch, 24398, S 15; Laws of Fla. Ch, 67-1118, S 1: Ord. No. 87-30, S 1,9-15-87,
election of3-8-88; Ord. No. 87-38, 9 1, 10-20-87, election of3-8-88; Ord. No. 00-41, S 2, 8-15-00,
election of 11-7-00; Ord. No. 02-043, S 4, 8-20-02, election of 11-5-02)
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
In my opinion. the Charter still calls for one-year terms for the Vice-Mayor My recommendation would be for the
section 2-1.2 to be further amended to reflect an annual rotation of the Vice-Mayor for the first meeting in April or
the second meeting of March each year Here IS my suggested change
Sec. 2-1.2. Vice-Mayor appointment. - Proposed Revision
At the second regular City Commission meeting following the swearing in of newly elected
officers(Revised language -- or annually the first meetin2 in April in years were there is not a
municipal election,) the City Commission shall appoint one of its members to serve as Vice-Mayor. Any
member of the City Commission who has not previously served as Vice- Mayor during his or her current
term of office may be selected to serve as Vice-Mayor. No second of the nomination is required. Voting
shall occur in the following manner: Voting shall be by voice vote. Each member of the Commission shall
vote for one nominee in each round of voting until one person obtains a majority vote. If no nominee
obtains a majority in round one. there is another round of voting but the nominee with the least number of
votes does not move on to round two. If there are four nominees in round one. the nominee with the most
votes wins. If only one member is nominated to serve as Vice-Mayor, the Mayor shall declare the
nominee appointed by acclamation without the necessit) of a vote.
(Ord. No. 03-063. ~ 1. 12-16-03: Ord. No. 08-005. ~ 3.4-1-08)
Kurt Bressner
November 24. 2008
SIBULLETIN\FORMSIAGENDA ITEM R.E<)lIEST FURM !Jlll
XII. - LEGAL - 2nd Reading
Non-Development
ITEM 8.1
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 Meeting Dates in to City Clerk's Office
0 December 16, 2008 December 1,2008 (Noon) D February] 7, 2009 February 2, 2009 (Noon)
D January 6, 2009 December 15.2008 (Noon) D March 3, 2009 February 17,2009 (Noon)
0 January 20, 2009 January 5, 2009 (Noon) 0 March 17, 2009 March 2, 2009 (Noon) Cl.l;
0 C'J~
0 D April 7,2009 CO :::i~
February 3, 2009 January 19,2009 (Noon) March 16, 2009 (NOOlG:) -<b
f"r1 (") ""f't
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D (".) :;:13-<
D Announcements/Presentations City Manager's Report ~,::c.
. --l
D D -0 ('/)o
NATURE OF Administrative New Business ::c i
AGENDA ITEM D Consent Agenda 0 Legal (".)
..
0 Code Compliance & Legal Settlements D Unfinished Business W
1"'0
D D ':z:
Public Hearing
RECOMMENDATION: Please place this request on the December 16th City Commission Agenda under Legal,
Ordinances-Second Reading. The ordinance was approved on First Reading on December 2, 2008, which further amends
Chapter 20, Part III of the Land Development Regulations in connection with, in part, the Community Rating System program
(CRS), recent updates to the Florida Building Code, and the proposed changes to and relocation of the minimum property
maintenance requirements for the City. For further details pertaining to this request, see attached Department Memorandum
No. 08-091.
EXPLANATION: The subject interim amendments involve Chapter 20 of the existing Land Development
Regulations (Buildings, Housing and Construction General), which consist of the following topics: building security code,
electrical code, energy efficiency, flood prevention, housing, swimming pools and spas, workforce housing, and historic
preservation. The proposed amendments are intended to 1) enhance and relocate the property maintenance requirements
(proposed for Chapter 10 of Part II, City Code of Ordinances); 2) amend the flood damage prevention requirements and 3)
maintain consistency with corresponding updates to the Florida Building Code and eliminate redundancy with same. With the
exception of a minor "house-cleaning" insertion into the workforce housing section, the remaining sections of Chapter 20
remain unchanged at this time, but may undergo substantial updating as part of a future LDR-rewrite deliverable. It should be
emphasized that the timing of these interim amendments to Chapter 20 is driven primarily in connection with the preparation
for the upcoming 5-year recertification process of the Community Rating System.
PROGRAM IMP ACT: Continued enhancement of applicable regulations could ultimately improve the City's CRS rating
and lower insurance rates for residents.
FISCAL IMPACT: N/A
ALTERNATIVES: adopt proposed amendments or adopt with changes.
.....(L-v~
City K1anager's Signature
Assistant to City Manager ~
Z/J2 /_
Planning and~ng Director City Attorney / Finance
S:\PlanninglZoning Code Update\LDR Rewrite\Agenda Requests\Agenda ltem Request LDR Rewrite Ch 20 Interim Amend 2nd reading 12-16-08.doc
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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I
1 I ORDINANCE NO. 08- (> .35
"
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-, AN ORDINANCE OF THE CITY COMMISSION OF THE
J
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 THE CITY OF BOYNTON BEACH CODE OF
6 ORDINANCES BY AMENDING CITY OF BOYNTON
7 BEACH CODE OF ORDINANCES PART III, CHAPTER
8 20, ARTICLE I, "'IN GENERAL''' TO PROVIDE FOR
9 APPLICABILITY OF SPECIFIC CODES THAT
10 EST ABLISH MINIMUM BUILDING AND
11 CONSTRUCTION STANDARDS; PROVIDING FOR THE
12 ABILITY OF THE CITY COMMISSION TO ADOPT A
13 SCHEDULE OF FEES FOR THE ADMINISTRATION
14 AND ADOPTION OF THE FLORIDA BUILDING CODE,
15 AS AMENDED; AMENDING ARTICLE VIII, '"FLOOD
16 DAMAGE PREVENTION", TO PROVIDE FOR
17 UPDATING OF LANGUAGE AND TECHNICAL
18 REVISIONS; AMENDING ARTICLE VIII, SECTION 3,
19 "'LOCAL HOUSING ASSIST ANCE PROGRAM", TO
20 PROVIDE FOR RE-CODIFICA TION AS ARTICLE VIII,
21 "'LOCAL HOUSING ASSIST ANCE PROGRAM";
22 PROVIDING FOR CONFLICTS, SEVERABILITY,
,,-, CODIFICATION AND AN EFFECTIVE DATE.
~.J
24
25 WHEREAS, the City Commission desires to amend the City's Property Maintenance
26 Code in order to provide a mechanism for an update as to general language. and the ability of
27 the City Commission to adopt a schedule of fees to administer and enforce the Florida
28 Building Code and other applicable codes within the City by resolution; and
29 WHEREAS, the adoption of a these revisions to the City's Building, Housing, and
30 Construction Regulations, as provided in Chapter 20 of the City's Land Development
31 egulations will be in the best interest of the health, safety, and welfare of the residents.
.,,, itizens, and business within the City of Boynton Beach.
-~-
.,., NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
_~ .J
34 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
"\CAIOrdmances\Ch 20 sans PMR REV! doc
1
1 Section 1. The foregoing whereas clauses are true and correct and are now ratified
2 and confirmed by the City Commission.
3 Section 2. That Part III, "Land Development Regulations", Chapter 20, Article I, "In
4 General", be, and the same is hereby amended to read as follows:
5 ARTICLE I. IN GENERAL
6
7 Section 1. Penalties.
8
9 Any person convicted of the violation of any of the terms or provisions of this
10 I chapter or any code or standards adopted hereby shall be subject to the penalties
11 punished as provided by Section 1-6 of the City of Boynton Beach Code of
12 Ordinances. If any person commences any work on a building, structure, plumbing,
13 mechanical or gas system before obtaining the necessary permit, he shall be subject to
14 a penalty of four (4) times the established permit fee. The EiDirector of EiDevelopment
15 may allow a waiver of the penalty fee, in whole or in part, when such waiver~
16 supported by the circumstances that apply to the specific instance of imposing a
17 penalty fee, and does not violate the best interests of the eeity.
18
19 Section 2. Certificate of Treatment for Termites Before any slab inspection
20 i:; performed by the dc'\'clopment department for the continued construction of any
21 improyements on ~my property in the city, the owfter of said property or hi:; contractor
22 shall furnish n certificate from a city licensed extenl1inator that the soil has been
23 treated for tennites.Reserved.
24
25 Section 3. Minimum building and construction standards.
26
27 I A. The Florida Building Code 2004, Gas, Mechanical and Plumbing
28 Codes, 2004 Edition, and the 24m--2005 National Electrical Code including future
29 editions or revisions as adopted by the city, are hereby adopted as the minimum
30 Building Code for the City of Boynton Beach.
31
32 I B. Chapter 1, Administration, as described in the Boynton Beach
33 Amendments, and is incorporated herein in the Florida Building Code 2004, Gas,
34 I Mechanical and Plumbing Codes, 2004 Edition, and the ~2005 National Electrical
35 Code.
36
37 I C. The City of Boynton Beach Administrative Amendments to the 2004
38 Florida Building Code, Plumbing, Mechanical, Gas and ~2005 National Electrical
39 Code are incorporated in this document and made a part hereof, copies shall be
40 maintained on file in the Office of the City Clerk and shall be available to the public. I
41
:\CA\OrdinancesICh 20 sans PMR REVJ.doc
2
i
] D. All construction regulation fees as referenced or described in the :Jbo\ c
'/ codes are subject to amendment by resolution by the City CommissIon. Cunent Ict'
-
" schedules shall be maintained on file in the Office of the Cit\' Clerk and shal \ be
J
4 available, without charge. to the public.
S
6 Section 4. Fees.
7
8 I A, -Fees assessable by the City of Boynton Beach for the administration
9 and enforcement of the Florida Building Code and the City of Boynton Beach
10 Administrative Amendments to the Florida Building Code. pursuant to this Chapter
11 and F.S.553.79, 553.80 & 166.222. shall be established by the City Commission by
12 resolution from time to time.
13 I
14 B. Building Division permit fees shall be based upon the valuation of
15 I buildings and systems~ and shall represent the total proiectreplacement value. The
16 project value shall ffi-include structuraL electric, plumbing, mechanical, interior finish.
17 normal building related site work (excavation and backfill for buildings). architectural
18 and design fees, overhead and profit: excluding only land value. Building valuation
19 shall be based upon bona fide executed construction contracts. proprietary builder
20 documentation, or other nationally recognized construction cost analysis service.
21 which would include regional adjustments. such as the most current edition of RS
'1'/ Means Construction Estimating Cost Data.
'1" I
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24 C. A revision to a permit shall not be issued until the additional fee. if an\'.
'1' due to an increase in estimated cost of the building, electrical. plumbing. gas.
"-)
26 mechanical. landscaping or site development, has been paid.
27
28 I 0.. Reserved. B. Interim services fee, The City Commission
29 hereby establishes an "interim services fee" "vhich is an annual user charge applicable.
30 except during the Suspension Period as provided hereinafter, to structures certified for
31 occupancy by the city development department but not appearing on the Palm Beach
32 County tax rolls as an improvement to real property.
33
34 1. Reserved.
35
36 ') Levied. Except during the Suspension Period as provided hereinafter.
37 every structure located \vithin the city and not yet appearing on the county tax roll.
38 shall be subject to an interim services fee. This interim ser'.'ices fee shall be in effect
39 from the date of the issuance of a certificate of occupancy or certificate of completion
40 to January 1 of the year following the issuance of the certificate; provided, the levy of
41 the interim service fee is suspended, effective June 11, 1999, until such suspension is
42 I repealed by adoption of ffi1 ordinance by the City Commission of the City of Boynton
4" Beach (the "Suspension Period" ). Said fec shall be charged in accordance '""ith the feL'
.1
44 " schedule '.'(hich is attached to Ordinance No. 91 17 Exhibit "B" and the
as
45 computation hereinafter set forth.
46
"\CA\OrdmancesICh 20 sans PMR REV! doc
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1 a. Dwelling unit computation. For the purposes of this subsection and
2 Exhibit "B", d\velling unit computation shall be made as [ol1o\\'s:
3
4 (1) Each single family unit, including condominium, apartment and
5 hotel unit, shall count as one.
6
7 (2) For commercial and/or industrial structures, divide the total
8 building square footage for each such industrial and/or commercial structure by one
9 thousand (1,000) square feet rounded to the nearest tenth (0.1 ).
10
11 b. Fee determination; proration. The dVlelling unit computation shall be
12 utilized in conjunction with the fee schedule set forth in Exhibit "B" in computing the
13 interim services fee. The following example illustrates how the interim services fee is
14 arrived at:
15
16 Example: A 22,565 square foot office building is issued a certificate of
17 occupancy in December of any given year:
18
19 22,565 . 1 ,000 - 22.565
20
21 22.6 X $10.23 - $231.20
22
23 Interim services fee for this structure 'Nould be $231.20.
24
25 3. Procedure. Except during the Suspension Period set forth above, the
26 director of development shall collect the interim ser'.'ices fee prior to the issuance of a
27 certificate of occupancy or certificate of completion by the development department.
28
29 1. Distribution. Except during the Suspension Period set forth above, on a
30 daily basis, the development department shall promptly remit monies collected
31 pursuant to this section to the city finance director.
32
33 5. Eligibility for municipal serviccs. Except during the Suspension Period set
34 forth above, no improvement shall be eligible for municipal services unless an interim
35 services fee has been paid.
36
37 6. Creation of trust fund. The finance director shall deposit all funds
38 collected into a non lapsing trust fund established and maintained by the city. The
39 use of such funds ,<'(ill be restricted and limited to expenditures for public safety,
40 physical environment (public works administration costs), maintenance and services
41 for roads and streets, health (animal control), library and parks and recreation, which
42 are associated with the properties from which the funds were collected. The city
43 manager shall provide the City Commission with recommendations for expenditures
I
44 I of these funds during the annual budget process or from time to time as noeded. Such
45 expenditures of funds shall be limited to a percentile of total fees collected for each of
46 the services as identified herein. The City Commission by resolution must appro'.'c all
ICAIOrdinanceslCh 20 sans PMR REVl.doc
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I.
1 expenditures from said trust fund upon determination that said expcnditure-.---aft'
, appropriate.
-
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J
4 Section 5. Reserved. Accessibility by handicapped.
5
6 .^Jl construction must conform "",ith federal. state and county accessibility rules and
7 regulations including, but not limited to. the Florida Accessibility Code. January 1991
8 Edition. In addition, all interior doors in all d\velling units, hotel rooms and motel
9 rooms on first floor only or floors serviced by elevators shall have a minimum of
10 t'vVenty nine (29) inches clear opening, (door of at least thirty two (3]) inches in
11 \vidth) ";\lith the exception of storage rooms and closets.
12
13 Section 6. Coastal building zone and code.
14
15 I A. The coastal building zone for the city is the land area from the seasonal
16 high-water line landward to a line one thousand five hundred ( 1.500) feet landward
17 from the coastal construction control line as established pursuant to Section 161.053.
18 Florida Statutes. Development projects within this zone must utilize best management
19 construction techniques for natural resource protection and must conform to the goals.
20 objectives and policies of the comprehensive plan of the city. Chapter B7. Coastal
21 Management.
I}
," B. The coastal construction code was adopted on August 19. 1986 and
-.)
24 I applies to all construction within the coastal building zone. and is incorporated herein
25 bv reference. ItA copv is not set out at length herein. but is on file and available for
26 inspection in the offices of the city clerk and the director of development.
27
28 Section 7. Reserved. Soil tests.
29
30 Where the bearing capacity of soil is not definitely Imo\'m, the director of
31 I development may require test or other adequate proof to establish permissible safe
"j bearing capacity. Tests shall be certified. signed and sealed by ;} Florida registered
.)- I
"" engineer. and shull be submittod with the building permit application.
JJ
34 I
35 Section 3. That Part III. "Land Development Regulations", Chapter 20. Article VII.
36 'Flood Damage Prevention". be. and the same is hereby amended to read as follows:
37 ARTICLE VII. FLOOD DAMAGE PREVENTION
38
39 I Section 1. Generally.
40 II
41 A. Statutory authorization. The Legislature of the State of Florida has
42 " , authorized in Chapter 166 of Florida Statutes dele:;ated the responsibility to luc;}]
I
4" governmental units to adopt regulations designed to promote the public health. safet)
.'
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II
i
1 and general welfare of its citizenry. Therefore, the City Commission of Boynton
2 Beach, Florida, does ordain as set out herein.
3
4 B. Finding of fact.
5
6 l. The flood hazard areas of Boynton Beach, Florida, are subject to periodic
7 inundation which results in loss of life and property; health and safety hazards;
8 disruption of commerce and governmental services; extraordinary public expenditures
9 for flood protection and relief; and impairment of the tax base; all of which adversely
10 affect the public health, safety and general welfare.
11
12 I 2. These flood losses are caused by the cumulative effect of obstructions in
13 floodplains causing increases in flood heights and velocities, and by the occupancy in
14 flood hazard areas by uses vulnerable to floods or hazardous to other lands which are
15 I inadequately elevated, tloodproofcdflood proofed or otherwise unprotected from flood
16 damages.
17
18 I C. Purpose. It is the purpose of this article to promote the public health,
19 safety and general welfare and to minimize public and private losses due to flood
20 conditions in specific areas by provisions designed to;
21
22 I l. Restrict or prohibit uses which are dangerous to health, safety and
23 property due to water or erosion hazards, or which result in damaging increases in
24 erosion or in flood heights or velocities;
25
26 I 2. Require that uses vulnerable to floods, including facilities which serve
27 such uses, be protected against flood damage at the time of initial construction;
28
29 I 3. Control the alteration of natural floodplains, stream channels and natural
30 protective barriers which are involved in the accommodation of flood waters;
31
32 I 4. Control filling, grading, dredging and other development which may
33 increase erosion or flood damage; and,
34
35 I 5. Prevent or regulate the construction of flood barriers which will
36 unnaturally divert flood waters or which may increase flood hazards to other lands.
37
38 I D. Objectives. The objectives of this article are:
39
40 I l. To protect human life and health;
41
42 I 2. To minimize expenditure of public money for costly flood-control
43 projects;
44 I .
45 I ..., To minimize the need for rescue and relief efforts associated with
:I.
46 flooding and generally undertaken at the expense of the general public;
:\CA \Ordmances\Ch 20 sans PMR REV 1,doc
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1
~ 4. To minimize prolonged business interruptions:
'"
.)
4 5. To minimize damage to public facilities and utilities such as \vater and
5 gas mains. electric. telephone and sewer lines. streets and bridges located '11
6 floodplains:
7
8 I 6. To help maintain a stable tax base by providing for the sound use and
9 development of f1ood-prone areas in such a manner as to minimize future flood-blight
10 areas: and.
1 ]
12 I 7. To insure that potential homebuyers are notified that property is in a llood
13 area.
14
15 I E. Terms. Words or phrases used in this article shall have the meaning they
16 have in common usage and to give this article its most reasonable application.
17
]8 I Area of shallOl'i' flooding - a designated AO or VO zone on a community's
19 flood insurance rate map (FIRM) with base f100d depths from one ( 1 ) to three (3) feet
20 where a clearly defined channel does not exist. where the path of flooding 1S
21 unpredictable and indeterminate. and where velocity flow may be e\ident.
22
,'" I Area of -"pecial flood hazard - land in the floodplain subject to a one ( ] ) per
~-)
24 cent or greater chance of flooding in any given year.
~-
~)
26 I Baseflood - a flood having a one (1 ) per cent chance of being eq ualledeq ualed
27 or exceeded in any given year.
28
29 I Breakaway wall - a wall that is not part of the structural support of the building
30 and is intended to collapse without causing damage to the elevated portion of the
31 building or the foundation system.
"',
j-
~" I ' Coastal high ha::ard area - the area subject to high velocity \\'aters caused by.
jj
34 but not limited to. hurricane wave wash or tsunamis. The area is designated in a
35 FIRM as zone Vl-30. VE or V.
36
"7 I Flood or flooding - a general and temporary condition of partial or complete
j,
38 inundation of normally dry land areas from the overflow of inland or tidal waters or
39 the unusual and rapid accumulation of runoff of surface \vaters from any source.
40
41 I Flood hazard boundary map (FHBA,fJ - an official map of a communit) issued
42 II by the Federal Emergency Management Agency \vhere the boundaries of the areas of
43 special flood hazard have been defined.
44 ' I
ICA \OrdJllanccslCh 20 sans PMR REV I due
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I
I I
1 Flood insurance rate map (FIRM) - an official map of a community on which
2 the Federal Emergency Management Agency has delineated both the areas of special
3 flood hazard and the risk premium zones applicable to the community.
4
5 I Flood insurance study - the official report provided by the Federal Emergency
6 Management Agency which contains flood profiles, flood boundary-floodway map
7 and water surface elevation of the base flood.
8
9 I Floodway - the channel of a watercourse and the adjacent land areas that must
10 be reserved in order to discharge the base flood without cumulatively increasing the
11 water surface elevation more than one (1) foot.
12
13 I Functionally dependent facility - a facility which cannot be used for its
14 intended purpose unless it is located or carried out in close proximity to water, such as
15 a docking or port facility necessary for the loading and unloading of cargo or
16 passengers, shipbuilding, ship repair or seafood processing. The term does not include
17 long-term storage, manufacture, sales or service facilities.
18
19 I Mangrove stand - an assemblage of trees which contain one or more of the
20 following species: black mangrove, red mangrove, white mangrove and buttonwood.
21
22 I Mean sea level - the average elevation of the sea for all stages of the tide. The
23 term is synonymous with national geodetic vertical datum (NGVD).
24
25 I National geodetic vertical datum (NGVD) - a vertical control used for
26 establishing varying elevations within the floodplain.
27
28 I New construction - structures for which the "start of construction" commenced
29 on or after the effective date of this article.
30
31 I Sand dunes - naturally occurring accumulations of sand in ridges or mounds
32 landward of the beach.
33
34 I F. Application. This article applies to all areas of special flood hazard
35 within the jurisdiction of Boynton Beach, Florida. Those areas are identified by the
36 Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM)
37 120196 0001-0005, dated September 30, 1982, and any revisions thereto are adopted
38 by reference and declared to be a part of this article.
39
40 I G. Development permit. A development permit is Rrequired prior to the
41 commencement of any development activities.
42
43 I H. Compliance. No structure or land shall hereafter be located, extended,
44 . converted or structurally altered without full compliance with the terms of this article .
45 and other applicable regulations.
46
:\CA\Ordinances\Ch 20 sans PMR REV I.doc
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I 1. Abrogation and greater restrictions. This article i:-; nut intendi:d !, i
2 repeal. abrogate or impair any existing easements. covenants or deed restnctl\ 11\'.
'" However, where this article and another conflict or overlap, whiche\er impo<;c:,. the
-'
4 more stringent restrictions shall pre\ail.
5
6 J. Interpretation. In the interpretation and application of this article all
7 provisions shall be:
8 i
9 1. Considered as minimum requirements;
10 J
11 I Liberally construed in favor of the governing body: and
12
13 '1 Deemed neither to limit nor repeal any other powers granted under state
.).
14 statutes.
15
16 I K. Warning and disclaimer. The degree of flood protection required by this
17 article is considered reasonable for regulatory purposes and is based on scientific and
18 engineering considerations. Larger floods can and \\'ill occur, Flood heights may be
19 increased by man-made or natural causes. This article does not imply that land outside
20 the areas of special flood hazard or uses permitted within such areas will be free from
21 flooding or flood damages. This article shall not create liability on the part of
II Boynton Beach, Florida. or by any officer or employee thereof for any flood damages
,'1 that result from reliance on this article or any administrative decision lawfully made
--'
24 thereunder.
,~
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26 I L. Penalties for violation. Violation of the proVISIOns of this article or
27 failure to comply with any of its requirements, including violation of conditions and
28 safeguards established in connection with grants of variance or special exceptions.
29 shall constitute a misdemeanor. Any person who violates this article or fails to
30 comply with any of its requirements shall, upon conviction thereof be fined not more
31 than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days. or
'11 both, and in addition shall pay all costs and expenses involved in the case. Each day
j~ I
"''1 such violation continues shall be considered a separate offense. Nothing herein
j.)
34 contained shall prevent the City of Boynton Beach from taking such other lawful
35 action as is necessary to prevent or remedy any violation,
36
37 I Section 2. Administration.
38
39 A. Admini stratol'. The director of development is hereby appointed to
40 administer and implement the provisions of this article.
41
42 II B. Duties and responsibilities of the administrator. Duties 01 the
43 administrator or his designee shall include. but not be limited to:
44 "
45 I 1. Review all development permits to assure that the permit requirements of
46 this article have been satisfied.
I
\l'A"Ordlnances\Ch 20 sans PMR RFV I dOl
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I
i
1
2 2. Advise permittee that additional federal or state permits may be required,
3 and if specific federal or state permits are known, require that copies of such permits
4 be provided and maintained on file with the development permit.
5
6 3. Notify adjacent communities and the state department of community
7 affairs prior to any alteration or relocation of a watercourse, and submit evidence of
8 such notification to the Federal Emergency Management Agency.
9
10 4. Assure that maintenance is provided within the altered or relocated
11 portion of said watercourse so that the flood-carrying capacity is not diminished.
12
13 I 5. Verify and record the actual elevation (in relation to mean sea level) of
14 the lowest floor (including basement) of all new or substantially improved structures,
15 in accordance with paragraph C.
16
17 6. Verify and record the actual elevation (in relation to mean sea level) to
18 which the new or substantially improved structures have been l1oodproofedflood
19 proofed, in accordance with paragraph C.
20
21 I 7. In coastal high hazard areas, certification shall be obtained from a
22 registered professional engineer or architect that the structure is securely anchored to
23 adequately anchored pilings or columns in order to withstand velocity waters and
24 hurricane wave wash.
25
26 I 8. In coastal high hazard areas, the administrator shall obtain certification for
27 the adequacy of breakaway walls in accordance with article VII, Section 3.B.S.h.
28
29 I 9. When fI.ee~fi.flgflood proofing is utilized for a particular structure,
30 the administrator shall obtain certification from a registered professional engineer or
31 architect.
32
33 I 10. Where interpretation is needed as to the exact location of the boundaries
34 of the areas of special flood hazard (for example, where there appears to be a conflict
35 between a mapped boundary and actual field conditions), the administrator shall make
36 the necessary interpretation. The person contesting the location of the boundary shall
37 be given a reasonable opportunity to appeal the interpretation as provided in this
38 article.
39
40 I 11. When base flood elevation data has not been provided in accordance
41 with article VII, Section I.F, the administrator shall obtain, review and reasonably
42 utilize any base flood elevation data available from a federal, state or other source, in
~~ I . order to administer the provisions of Section 3. The finished floor elevation of all
habitable space in new construction, not located in a flood zone. shall be elevated a ,
44 I
45 minimum of twelve (12) inches above the crown of anv adjacent roadway.
46
\e A \Ordinances\Ch 20 sans PMR REV I doc
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I
1 12. All records pertaining to the provislOl1S oflhis artll':lc "hail be m~lil\Lim\.j
J in the department of development and shall be open for public inspectiun
"
.J
4 C. Permitting. Application for a permit shall be made to the development
5 department prior to any development activities. Application shall include. but not be
6 limited to. the following plans in duplicate drawn to scale shO\ving the nature.
7 location, dimensions and elevations of the area in question to be developed: existing (11'
8 proposed structures: fill: storage of materials: drainage facil ities/location.
9 Specifically. the follo\ving information is required
10
11 1. Elevation in relation to mean sea level of the proposed lowest noor
12 (including basement) of all structures.
13
14 I 2. Elevation in relation to mean sea level to which any non-residential
15 structure will be tloodpw( lfedflood proofed.
16
17 I 3. Certification by a Florida registered engineer or architect that the structure
18 meets the floodproofin6flood proofing criteria in article VII. Section 3.B.2.
19
20 I 4. Description of the extent to which any watercourse will be altered or
21 relocated as a result of proposed development.
22
')'" I 5. A flood elevation or floodproofingflood proofing certification after the
~j
24 lowest floor is completed. or in instances where the structure is subject lu the
25 regulations applicable to coastal high hazard areas. after placement of the horizontal
26 structural members of the lowest floor. Within twenty-one (21) calendar days of
27 I establishment of the lowest floor elevation, or noodprooiingflood pro01in~ b:
28 whatever construction means. or upon placement of the horizontal structural members
29 of the lowest floor, whichever is applicable, the permit holder shall submit to the
30 development department a certification of the elevation of the lowest Door.
31 I f1oodproofedflood proofed elevation. or the elevation of the lowest portion of the
"'\) horizontal structural members of the lowest floor. whichever is applicable, in relation
.)~
33 to mean sea level. Said certification shall be prepared by or under the direct
34 superVISIOn of a registered land surveyor or professional engmeer. V/hen
35 I tloodprnofingflood proofing is utilized. certification shall be prepared by or under the
36 direct supervision of a professional engineer or architect. Any work done within the
37 twenty-one-day calendar period and prior to submission of the certification shall be a1
38 the permit holder's risk. The dewlopment department shall review the tlood e]nation
3q survey data submitted. Deficiencies detected by such revieVl shall be corrected b: the
40 permit holder immediately and prior to continuation of the work. Failure to submit the
41 surveyor failure to make said corrections. shall cause issuance of a stop-work order
42 for the project
43
44 r II 6. A survey of mangrove trees on site.
I
45
46 I D. Variance procedures/appeals.
'.\CA\Ordlllances\Ch 20 sans PMR REV] doc
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1
2 1. The building board of adjustment and appeals shall hear and decide
3 appeals when it is alleged there is an error in any requirement, decision or
4 determination made by the director of development In the enforcement or
5 administration of this article.
6
7 a. In passing upon such appeals, the building board of adjustment and
8 appeals shall consider all technical evaluations, all relevant factors, all standards
9 specified in other sections of this article, and:
10
11 I (1) The danger that materials may be swept onto other lands to the injury of
12 others.
13
14 I (2) The danger to life and property due to flooding or erosion damage.
15
16 I (3) The susceptibility of the proposed facility and its contents to flood
17 damage and the effect of such damage on the individual owner.
18
19 I (4) The importance of the services provided by the proposed facility to the
20 community.
21
22 I (5) The necessity to the facility of a waterfront location, where applicable.
23
24 I (6) The availability of alternative locations, not subject to flooding or
25 erosion damage, for the proposed use.
26
27 I (7) The compatibility of the proposed use with existing and anticipated
28 development.
29
30 I (8) The relationship of the proposed use to the comprehensive plan and
3 1 floodplain management program for that area.
32
33 I (9) The safety of access to the property in times of flood for ordinary and
34 emergency vehicles.
35
36 I (10) The expected heights, velocity, duration, rate of rise and sediment
37 transport of the flood waters and the effects of wave action, if applicable, expected at
38 the site.
39
40 I (11) The costs of providing governmental services during and after flood
41 conditions including maintenance and repair of public utilities and facilities such as
42 sewer, gas, electrical, and water systems, and streets and bridges.
43
44 I b. Upon consideration of the factors listed above and the purposes of this
45 article, the building board of adjustment and appeals may attach such conditions to the
46 granting of variances as it deems necessary to further the purposes of this article.
:\CA\OrdinancesICh 20 sans PMR REVI.doc
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I i
I
1 ! c. Variances shall not be issued \vithin any designated tloodv,a\ III \
" increase in flood levels during the base flood discharge would result
-'
4
5 1 The building board of adjustments and appeals shall hear and decide
-.
6 requests for variances from the requirements of this article
7
8 I a. Conditions for variances:
9
10 (1) Variances shall only be issued upon a determination that the variance is
1 ] the minimum necessary. considering the flood hazard, to afford relief, and in the
]2 instance of a historical building, a determination that the variance is the minimum
13 necessary so as not to destroy the historic character and design of the building.
14
]5 I b. Variances shall only be issued upon:
16
17 I (1) A showing of good and sufficient cause:
18
19 I (2) A determination that failure to grant the variance \\'ou]d result in
20 exceptional hardship to the applicant: and
21
22 I (3) A determination that the granting of a variance will not result in
I" increased flood heights, additional threats to public safety. extraordinary public
~-'
24 expense, create nuisance. cause fraud on or victimization of the public. or conflict with
,,- existing local laws or ordinances.
-)
26
27 c. i\ny applicant to whom a variance is granted shall be given \vritten notice
28 specifying the difference between the base flood elevation and the elevation to which
29 the structure is to be built and stating that the cost of flood insurance will be
30 commensurate with the increased risk resulting from the reduced lowest 1100r
31 elevation.
"I
J_
"" I " Any person aggrieved by the decision of the building board of adjustment
J.J .J.
34 and appeals or any taxpayer may appeal such decision to the circuit court as provided
35 in Florida law.
36
37 4. Variances may be issued for the reconstruction. rehabilitation or
38 restoration of structures listed on the National Register of Historic Places or the State
39 Inventory of Historic Places without regard to the procedures set forth in the
40 remainder of this section,
41
.+2 I ). The director of development shall maintain the records of all appeal
.+3 actions and report any variances to the Federal Emergency Management Agency upon
44 " reg uest.
45
.+6 I Section 3. Provisions for Flood Hazard Reduction.
"\CA\Ordinanccs\Ch 20 sans PMR REVl.duc
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I
I
1
2 I A. In General. In all areas of special flood hazard the following provisions
3 are required:
4
5 1. All new construction and substantial improvements shall be anchored
6 to prevent flotation, collapse or lateral movement of the structure.
7
8 I 2. Manufactured homes shall be anchored to prevent flotation, collapse or
9 lateral movement. Methods of anchoring may include, but are not limited to, use of
10 over-the-top or frame ties to ground anchors. This standard shall be in addition to and
11 consistent with applicable state requirements for resisting wind forces.
12
13 I 3. All new construction and substantial improvements shall be constructed
14 with materials and utility equipment resistant to flood damage.
15
16 I 4. All new construction or substantial improvements shall be constructed by
17 methods and practices that minimize flood damage.
18
19 I 5. Electrical, heating, ventilation, plumbing, air conditioning equipment and
20 other service facilities shall be designed and/or located so as to prevent water from
21 entering or accumulating within the components during conditions of flooding.
22
23 I 6. All new and replacement water supply systems shall be designed to
24 minimize or eliminate infiltration of flood waters into the system.
j-
~)
26 I 7. New and replacement sanitary sewage systems shall be designed to
27 minimize or eliminate infiltration of flood waters into the systems and discharges from
28 the systems into flood waters.
29
30 I 8. On-site waste disposal systems shall be located to avoid impairment to
31 them or contamination from them during flooding.
32
33 I 9. Any alteration, repair, reconstruction or improvements to a structure
34 which are in compliance with the provision of this article, shall meet the requirements
35 of "new construction" as contained in this article.
36
37 I B. Standards for areas of special flood hazard. In all areas of special flood
38 hazard where base flood elevation data has been provided as set forth in Article VII
39 the following provisions are required:
40
41 I 1. Residential construction. New construction or substantial improvement of
42 any residential structure shall have the lowest floor, including basement, elevated to or
43 above base flood elevation. Should solid foundation perimeter walls be used to
44 . . elevate a structure, openings sufficient to facilitate the unimpeded movements of flood
45 waters shall be provided in accordance with standards of article VII, Section 3.B.3.
46
:ICAIOrdinanceslCh 20 sans PMR REVl.doc
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1 ') Non-residential construction. \, C\\ l'onstrucliu!l \..\1" suhstanllaJ
-.
, improvement of any commercial. industrial or other non-residentIal structure '.;hall
~
" have the lowest floor. including basement. elc\ated to the level of the base i-liJml
_1
4 elevation. Structures located in all :\-zones ma) be :loudl'rtte+~eflood proofed In til'u
5 of being elevated provided that all areas of the structure below the required ek\Cltlon
6 are watertight and \vith \valls substantially impermeable to the passage (If \\akr cllld
7 with structural components having the capability llf resisting h:Jrosta\l~ md
8 hydrodynamic loads and effects of buoyancy. /\ registered professional englllccr ,'r
9 architect shall certify that the standards of this subsection are satisfied "ue h
10 certification shall be provided as set forth in Article VII. Section 2.(' .~.
11
12 " Elevated buildings. NeV\' construction or substantial improvements of
j.
13 elevated buildings that include fully enclosed areas fomled by foundation and other
14 exterior walls below the base flood elevation shall be designed to preclude finished
15 living space and designed to allow for the entry and exit of floodwaters to
16 automatically equalize hydrostatic flood forces on exterior walls.
17
18 I (a) Designs for complying with this requirement must either be certified by a
19 professional engineer or architect or meet the following minimum criteria:
20
21 I ( 1 ) Provide a minimum of two (2) openings having a total net area 01 not
22 less than one ( 1) square inch for every square foot of enclosed area subject to flooding:
,"
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24 I (2) The bottom of all openings shall be no higher than one ( 1 ) foot above
')- grade: and
-)
26
27 I (3) Openings may be equipped with screens, louvers. valves or other
28 coverings or devices provided they permit the automatic flow of floodwaters in hoth
29 directions.
30
31 I (b) Electrical. plumbing and other utility connections are prohibited helow
32 the base flood elevation:
33
34 I (c) Access to the enclosed area shall be the minimum necessary to allc)\\ lor
35 parking of vehicles (garage door) or limited storage of maintenance equipment used in
36 connection with the premises (standard exterior door) or entry to the living area
37 (stairway or elevator): and
38
39 I (d) The interior portion of such enclosed area shall not be partitioned nr
40 flnished into separate rooms,
41
42 I 4. Floodways. The following provisions shall apply to tloodways \vithin
43 areas of special flood hazard established hereinbefore:
44 ' ,
45 I (a) Prohibit encroachments including filL nevv construction. substantial
46 improvements. and other development unless certiflcation (with supporting technical
S \CA\Ordinances.Ch 20 sans PMR REV I doc
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1 data) by a Florida registered engineer is provided demonstrating that encroachments
2 shall not result in any increase in flood levels during occurrence of the base flood
3 discharge.
4
5 (b) If Paragraph BA.a is satisfied, all new construction and substantial
6 improvements shall comply with all applicable flood hazard reduction provisions of
7 Section 3.
8
9 (c) Prohibit the placement of any manufactured homes (mobile homes)
10 except in an existing manufactured home (mobile home) park or subdivision. A
11 replacement manufactured home may be placed on a lot in an existing manufactured
12 home park or subdivision provided the anchoring standards and elevation standards
13 outlined hereinbefore are met.
14
15 5. Coastal high hazard area (V zones). Located within the areas of special
16 flood hazard established herein are areas designated as coastal high hazard areas.
17 These areas have special flood hazards associated with wave wash; therefore, the
18 following provisions shall apply:
19
20 I (a) All buildings or structures shall be located landward of the reach of the
21 mean high tide.
22
23 I (b) All buildings or structures shall be elevated so that the lowest supporting
24 member (excluding pilings or columns) is located no lower than the base flood
25 elevation level, with all space below the lowest supporting member open so as not to
26 impede the flow of water. Open lattice work or decorative screening may be permitted
27 for aesthetic purposes only and must be designed to wash away in the event of
28 abnormal wave action.
29
30 I (c) All buildings or structures shall be securely anchored on pilings or
31 columns.
32
33 I (d) All pilings and columns and the attached structures shall be anchored to
34 resist flotation, collapse, and lateral movement due to the effect of wind and water
35 loads acting simultaneously on all building components. The anchoring and support
36 system shall be designed with wind and water loading values which equal or exceed
37 the hundred-year mean recurrence interval (one {I} percent annual chance flood).
38
39 I (e) A Florida registered engineer or architect shall certify that the design,
40 specifications and plans for construction are in compliance with the provisions
41 contained in paragraph B.S.b, c and d.
42
43 I (f) No fill shall be used as structural support. Non-compacted fill may be
44 , used around the perimeter of a building for landscaping/aesthetic purposes provided
45 the fill will wash out from storm surge, (thereby rendering the building free of
46 obstruction) prior to generating excessive loading forces, ramping effects or wave
\CA\Ordinances\Ch 20 sans PMR REV] doc
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1 deflection. The development department shall reVle\\ des] L!11 plan' i i1'
'1 landscaping/aesthetic fill only after the applicant has provided an analysi:-, [-1\ .m
-
3 engineer, architect and/or soil scientist \vhich demonstrates that the following: 12\1.:tU!:'
4 have been fully considered:
5
6 (1) Particle composition of fill material does not have a tendenc\ Jor
7 excessive natural compaction: and
8
9 (2) V olume and distribution of fill \vill not cause wave deflection to adjacent
10 properties; and
11
12 (3 ) Slope of fill will not cause wave run-up or ramping.
13
14 I (g) There shall be no alteration of sand dunes or mangrove stands \vhich
15 would increase potential flood damage.
16
17 I (h) Lattice work or decorative screening shall be allowed below the base
18 flood elevation provided they are not part of the structural support of the building and
19 are designed so as to breakaway, under abnormally high tides or wave action, \vithout
20 damage to the structural integrity of the building on which they are to be used and
21 provided the following design specifications are met:
I)
I" I (1) No solid walls shall be allowed: and
_J
24
25 I (2) Material shall consist of wood or mesh screening only.
26
27 I (i) If aesthetic lattice works or screening are utilized, such enclosed space
28 shall not be used for human habitation.
29
30 I C) Prior to construction, plans for any structure that will have lattice work or
J
3 ] decorative screening must be submitted to the development department for reviev,
,,')
J_
"" I (k) Prohibit the placement of manufactured homes (mobile homes), except
JJ
34 in an existing manufactured home (mobile home) park or subdivision. A replacement
35 manufactured home may be placed on a lot in an existing manufactured home park or
36 subdivision provided the anchoring and elevation standards of this chapter are met.
37
38 I (1) Any alteration. repair. reconstruction or improvement to a structure shall
39 not enclose the space below the lowest floor except for lattice work or decorati \t'
40 screening, as provided for in paragraph B.6.h and i.
41
42 III c. Standards for areas of shallow Hooding \AO Lones). Located within the
43 areas of special flood hazard established in Section].F are areas designated as shallow
44 flooding. These areas have special tlood hazards associated with base flood depths of
45 one (]) to three (3) feet where a clearly defined channel does not exist and where the
S \CA\( Irdmances\Ch 20 sans PMR REV I d"c
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1 path of flooding is unpredictable and indeterminate; therefore, the following
2 provisions apply:
3
4 (1) All new construction and substantial improvements of residential
5 structures shall have the lowest floor, including basement, elevated to the depth
6 number specified on the flood insurance rate map, in feet, above the highest adjacent
7 grade. If no depth number is specified, the lowest floor, including basement, shall be
8 elevated at least two (2) feet above the highest adjacent grade.
9
10 (2) All new construction and substantial improvements of non-residential
11 structures shall:
12
13 (a) Have the lowest floor, including basement, elevated to the depth number
14 specified on the flood insurance rate map, in feet, above the highest adjacent grade. If
15 no depth number is specified, the lowest floor, including basement, shall be elevated at
16 least two (2) feet above the highest adjacent grade, or
17
18 (b) Be completely floodproofedflood proofed to or above that level so that
19 any space below that level has watertight walls substantially impermeable to the
20 passage of water; structural components having the capability of resisting hydrostatic
21 and hydrodynamic loads and effects of buoyancy; and utility and sanitary facilities
22 completely floodproofedflood proofed.
23
24 I D. Standards for subdivision proposals.
25
26 I 1. All subdivision proposals shall be consistent with the need to minimize
27 flood damage.
28
29 I 2. All subdivision proposals shall have public utilities and facilities such as
30 sewer, gas, electrical and water systems located and constructed to minimize flood
31 damage.
32
33 I 3. All subdivision proposals shall have adequate drainage provided to reduce
34 exposure to flood hazards.
35
36 I 4. Base flood elevation data shall be provided for subdivision proposals and
37 other proposed development which contains more than fifty (50) lots or is larger than
38 five (5) acres.
39
40 I E. Standards for small streams. Where small streams exist, but where no
41 base flood data has been provided or where no floodways have been provided, the
42 following provisions apply:
43
44 III 1. No encroachments, including till material or structures, shall be located
45 within a distance of the stream bank equal to five (5) times the width of the stream at
46 the top of bank or twenty (20) feet on each side from top of bank, whichever is greater
S:\CA\Ordinances\Ch 20 sans PMR REV] .doc
18
1 unless certification by a Florida registered engineer is provided demonstrating that
" such encroachments shall not result m any increase in flood le\els dun11L: ;
-
" occurrence of the base flood discharge.
-~
4
5 '1 New construction or substantial improvements of structures shall be
~.
6 elevated or i1oodproofedfJood proofed in accordance with elevations establish<.:'d in
7 accordance with Section 2.B.ll.
8
9 Section 4. That Part III. '"Land Development Regulations", Chapter 20, Article VIII.
10 Section 3. "Local Housing Assistance Program", is re-codified as Article VIII. '"Local Housing
11 Assistance Program".
12 Section 5. Each and every other provision of the City of Boynton Beach Code of
13 Ordinances not herein specifically amended, shall remain in full force and effect as originally
14 adopted.
15 Section 6. All laws and ordinances applying to the City of Boynton Beach in
16 conflict with any provisions of this ordinance are hereby repealed.
17 Section 7. Should any section or provision of this Ordinance or any portion
18 thereof be declared by a court of competent jurisdiction to be invalid. such decision shall not
19 affect the remainder of this Ordinance.
20 Section 8. Authority is hereby given to codify this Ordinance.
21 Section 9. This Ordinance shall become effective immediately.
~!
'1'-, FIRST READING this ,,-,'"[' day of i ... .2008.
. ~.. ~ ( I, r'!
_._~-~ -'- ---
I,
. Ie A IOrdmances\Ch 20 sans P!YIR REV I due
I ]9
(
I
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I
1 SECOND, FINAL READING AND PASSAGE this _ day of ,
2 2008.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8 Mayor - Jerry Taylor
9
10
11
12 Vice Mayor - Jose Rodriguez
13
14
15
16 Commissioner - Ronald Weiland
17
18
19
20 Commissioner - Woodrow L. Hay
21
22
23
24 Commissioner- Marlene Ross
25
26
27 ATTEST:
28
29
30
31 Janet M. Prainito, CMC
32 City Clerk
33
34
35
36
37 (Corporate Seal)
38
39
40
:ICAIOrdmanceslCh 20 sans PMR REVl.doc
20
DEPARTMENT OF DEVELOPMENT
Memorandum PZ 08-09]
TO: Kurt Bressner
City Manager
THRU: Quintus Greene
Director of Dypent
FROM: Mike Rumpf . .
Director of Planning & Zoning
DATE: October 24, 2008
RE: Chapter 20 - Buildings, Housing, and Construction Regulations
LDR Rewrite - Interim amendment to regulations
INTRODUCTION
Chapter 20 of the existing LDR (Building, Housing, and Construction General) is
currently comprised of the following topics: building security code, electrical code,
energy efficiency, flood prevention, housing, swimming pools and spas, workforce
housing program, and historic perseveration. However, the chapter is in the process of
being revised due to 1) enhance and relocate the property maintenance requirements
(proposed to Chapter 10 of Part II City Code of Ordinances); and 2) amend the flood
damage prevention requirements, and 3) maintain consistency with the updates to the
Florida Building Code (FBC).
PROPOSED AMENDMENTS
The property maintenance requirements are regulations that provide minimum standards
for the upkeep of all vacant and developed property in the city. These regulations are
intended to place greater emphasis on non-residential and vacant properties, as well as
generally increase the acceptable quality standards of all existing lighting, ventilation,
plumbing, mechanical, and electrical improvements. These proposed enhancements will
also establish new and updated regulations for life safety matters including minimum
requirements for emergency escape openings, means of egress, and fire protection
systems. It should be noted that all new developments and renovations to existing
buildings must still comply with the FBC, which the new propert.v maintenance
regulations would compliment. The City Commission tabled their review of the
proposed ordinance until the November 5, 2008 City Commission meeting, in part, to
allow additional time for staff to evaluate aJld assess the extent of new regulations and
associated costs.
1
The flood damage prevention regulations include standards which address flood hazard
reduction, areas of special flood hazard, and areas of shallow flooding (AO zones).
Having flood prevention provisions is important to the City because they provide
minimum life safety standards for existing and new development. Furthermore, such
provisions also affect the insurance premiums given the City participation in the National
Flood Insurance Program's (NFIP) Community Rating System (CRS), which is a
voluntary incentive program that recognizes and encourages community floodplain
management activities that exceed NFIP requirements.
In addition to the Property Maintenance Requirements and Flood Damage Prevention
regulations, the amendments proposed to Chapter 20 are summarized as follows:
. Omit Section 2 of Article I as the certificate of treatment of termites is now
covered by Chapter 1 of the FBC-Building and Chapter 3 of the FBC-Residential;
. Omit Section 5 of Article I as accessibility requirements are covered in depth by
Chapter 11 of the FBC-Building;
. Omit Section 7 of Article I as soil test requirements are now covered by Chapter
18 of the FBC-Building and Chapter 4 of the FBC-Residential;
. Omit Article V as the Energy Efficiency Code is now replaced by Chapter 13 of
the FBC-Building and will soon (March, 2009) include the International Energy
Conservation Code (ICC) when adopted by the State of Florida;
. Omit Section 4(B) of Article I, Interim Services Fee, as it is not enforceable under
current law; and
. Omit Article IX as Swimming Pools and Spas are now addressed by Section 424
of the FBC-Building and Chapter 41 of the FBC-Residential.
SUMMARY / RECOMMENDATION
The attached work product reflects a collaborative effort on the part of the Department of
Development (both the Planning & Zoning Division and the Building Division), Code
Compliance, Public Works, and the City Attorney's office. The remaining existing
sections of Chapter 20 (i.e. workforce housing, State Housing Initiative Program (SHIP),
and historic preservation) remain unchanged at this time, but may undergo substantial
updating as part of a future LDR-rewrite deliverable. It should be noted that the timing
of these interim amendments is driven primarily in connection with the preparation for
the upcoming five (5)-year recertification process of the CRS. Staff proposes the subject
amendments for the various reasons explained in this memorandum.
MR:EJ
Attachments
S:\Planning\Zoning Code Update\LDR Rewrite\StaffReports\Chapter 20.doc
2
Chapter::: (!
BUILDINGS. HOUSING ~~D CONSTRDCnOl'\ REGULA TIO]';S
Article L General
Article II. Reserved Eleotrical Code
Article Ill. Reserved
Article IV. Reserved
Article V. Reserved Energy Efficiency Code
imicle VI. Reserved
.Auticle VII. Flood Damage Prevention
.Auticle VIII. Local Housing Assistance Pro!!ram Housing
Article IX. Reserved S'.vimming Pools and Spas
.Auticle X. Workforce Housing Program
.Auticle XI. Reserved
Article XII Reserved
Article XIII. Historic Preservation
ARTICLE 1. IN GENERAL
Section 1. Penalties.
Any person convicted of the violation of any of the terms or provisions of this chapter -_.~--- -'~~--_..
I or any code or standards adopted hereby shall be subiect to the penalties,llsproy:ided. by .! Deleted: punished
Section 1-6 of the Citv of Bovnton Beach Code of Ordinances. If any person commences --_..-._--"---_.._--.
any work on a building, structure, plumbing, mechanical or gas system before obtaining
the necessary permit, he shall be subject to a penalty offour (4) times the established
permit fee. The J2i!c::c~~~.~f.Q.~\,~l()p.lIl.e~t may .all()~.a'::Vai.~~~_ ()r~_ep~!!a}ty.f~~)_ ~ .~~()le Deleted: d
or in part, when such waiver is supported bv the circumstances that applv to the specific Deleted: d
instance of imposing a penalty fee. and does not violate the best interests of the city. u_~_.
I Section 2. .Reser"Ved. Certifieate of treatment fer termites. Deleted: Before any slab inspectioll
- - - - ~- --~ - - - - - - -" - is performed by the development
depanment for the continued construction
Before any slab inspection is performed by the development department for the of any improvements on any propert)' in
continued construction of any improvements on any property in the city, the O'.vncr of the city. the owner of said property or IllS
contractor shall furnish a cenificate ITom
said property or his oontraotor shall furnish a eertifioate from a city lieensed eJCterminator a city licensed extenninator that the soil
that the soil has been treated for termites. has been treated for tennites.
Formatted: Font: Bold
Section 3. Minimum building and construction standards.
I A. The Florida Building Code 2004, Gas, Mechanical and Plumbing Codes," ! Formatted: Normal, Justified,
2004 Edition, and the ,2005.~a~.iollal. E,lecu:ical.C04e .illc.:ludil1g)l.~tu.reu.ed.itiol1s or ! Indent: First line: OS'
----
revisions as adopted by the city, are hereby adopted as the minimum Building Code for Deleted: 2002
..._,-",~-
the City of Boynton Beach.
October J4. 2008
1
I B. Chapter 1, Administration, as described in the Boynton Beach..... h. Formatted: Normal, Justified,
Amendments, and is incorporated herein in the Florida Building Code 2004, Gas, Indent: First line: OS
I Mechanical and Plumbing Codes, 2004 Edition, and the ,200) N.a~onal Electricalc;ode. ! Deleted: 2002 1
I c. The City of Boynton Beach Administrative Amendments to the 2004.......... Formatted: Normal,Justified,
Florida Building Code, Plumbing, Mechanical, Gas and ,2005~8:ti()1l.~LEI~ct:r:i(;8:tC<:l~e Indent: First line: OS
are incorporated in this document and made a part hereof, copies shall be maintained on '.1 Deleted: 2002 I
file in the Office of the City Clerk and shall be available to the public.
D. All construction regulation fees as referenced or described in the above
codes are subject to amendment by resolution by the City Commission. Current fee
schedules shall be maintained on file in the Office of the City Clerk and shall be
available, without charge, to the public.
(Ord. No. 96-40, SS 1 - 3, 5, 9-4-96; Ord. No. 99-16, S 1 - 4,6-15-99; Ord. No. 02-047, S
1,9-3-02; Ord. No. 05-063, S 2,11-1-05; Ord. No. 06-084, S 2,10-17-06)
Section 4. Fees.
A. ,F' ~~~,a~~~.Rs~()l.~.~" .!l~e..C:::itv..of. fj()~~.to!1 13.~ach. for.tl1e .~dr11illiRt~~tio.n Cill~..... .\ Deleted: I
enforcement of the Florida Building Code and the Citv of Bovnton Beach AdministTative
lunendments to the Florida Building Code. pursuant to this Chapter and F.S.553.79,
553.80 & 166.222. shall be established by the City Commission by resolution from time
to time.
Building Division permit fees shall be based upon the valuation of buildings and systems
and shall represent the total replacement value to include structural. electric. plumbing.
mechanical. interior finish. normal building related site work (excavation and backfill for
buildings). architectural and design fees. overhead and profit: excluding 0111v land value.
Building valuation shall be based upon bona fide executed construction contracts.
proprietarv builder documentation. or other nationally recoL'11ized construction cost
analvsis service. which would include regional adjustments. such as the most current
edition ofRS Means ConstrUction Estimating Cost Data.
A revision to a permit shall not be issued until the additional fee. if any. due to an
increase in estimated cost of the building, electrical. plumbing. gas. mechanical.
landscaping or site development. has been paid.
A Fees assessable by the City of Boynton Beach for the administration and
.L:r....
enforcement of the Florida Building Code and the City of Boynton Beach Administrative
Amcndmeats to the Florida Building Code, pursuant to this Chapter aad F.S. H 553.79,
553.80 and 166.222, shall be establishod by the City Commission by resolution from time
to time.
Building Division permit fees shall be based upon the valuation of buildings and
system5 and shall represent the taml replacement value to include strnernral, eleetric,
October 14, 2008
2
plumbing. meohalllcal, interior finish, normal building related site work (exCilvation und
baeUill for buildings), architectural and design fees. overhead and profit: excludin; only
land value. Building valuation shall be based upon bona fide executed construction
contracts. proprietary builder documentation, or other nationally recognized constrUction
cost analysis service. which '.'could include regional adjustments. such as the most current
edition ofRS Means ConstrUction Estimating Cost Data,
f, rcyision to a permit shall not be issued until the additional fce. if any, duc to an
increase in estimated cost of the buildin.;. electrical. plumbing. gas. mechanical.
landscaping or site development, has been paid.
B. Reserved. B. Interim services fee. The City Commission hereby
establishes an "interim services fee" which is an atlllual user charge applicable, except
during the Suspension Period as prm'ided hereinafter, to structures certified for
occupancy by the city development department but not appearing on the Palm Beach
County tax rolls as an improvement to real property.
1. Reserved.
2. Levied, Except during thc Suspension Period as provided hereinafter, C','OI)'
structure located within the city and not yet appearing on the oounty tax roll, shall be
subjeot to an interim serviees f-ee. This interim s81vices [-eo shall be in effect from tile
date of the issuance of a oertificate of oooupanoy or oertificate of cOffifJletion to January 1
of the year following the issuanoe of the oertificate; provided, the levy of the interim
service foe is suspended, effective June 11, 1999, until such suspension is repealed by
adoption of an ordinance by the City Commission of the City of BoyntOli Beach (the
"Suspension Period"). Said fee shall be charged in aocordance with the fee schodule
which is attached to Ordinance No. 91 17 as Exhibit "B" and the computation hereinafter
set forth.
a. D'.velling unit oomputation. F or the purposes of this subseotion and
Exhibit "B". dwelling unit computation shall be made as follows:
(1) Each single family unit. includin; condominium, apartment and hotel
unit, shall count as one.
(2) For oommercial and/or industrial structures, divide the total building
square footage for each such industrial and/or commercial structure by one thousand
(1,000) square f-eo! rounded to the nearest tenth (0.1 ).
b. Fee determination; pror&tion. The d'l"elliR; unit oOffifJutation shall be
utilized in conjunction with the fee schedule set forth in Exhibit "B" in computiRg the
interim seryices fee. The following oxample illustrates ho'.'.' the interim services fee is
arrived at:
October 14. 2008
~
:.
Example: .^:.. 22,565 square foot office building is issued a certificate of
occuJ'lancy in December of any ;;iven year:
22,565 . 1,000 - 22.565
22.6 X $10.23 - $231.20
Interim ser:ices fee for this structure v.'ould be $231.20.
3. Procedure. Except auriRg the Suspension Period set forth above, the direotDr
of development shall eollect the interim services fee prior to the issuanoe of a certificate
of occupancy or eertificate of eompletion by the development eepartmeflt.
1. Distribution. Exoept du.r..ng the Suspension Period set forth above, on a daily
basis, the development department shall promptly remit monies eollected purooam: to tais
section to the city [mance drreotor.
5. Eligibility fDr mHmoipal services. Except during the Suspension Period set
forth above, no improvement shall be eligible for municipal services unless an interim
services fee has been paid.
6. Creation of trust fund. TRe fiRaFlOe drrector sRall deposit all fuRck; eolleated
intD a non lapsing trust fund established and maintained by the oity. The HSD of such
funds will be restricted and limited tD expendimres for public safety, physioal
enVH-Dnmcnt (pHolia works administration costs), maintenance and services for roack; and
streets, health (aRimal control), library and parks and reereEttion, 'ullicR are associated
with the properties from v.'hich the funds were collected. The city manager shall provide
the City Commission with recommendations for expenditures of these funds during the
BnRual budget process or from time to time as needed. Suoh expendimTes of funds shall
be limited to a percentile of total foes oolleoted for each of the services as identified
herein. The City Commission by resolution must appro'.'e all eHlpendita-res from said trust
fund upon determination that said expend-itares are appropriate.
(Ord. No. 00-09, S 2,4-4-00; Ord. No. 05-069, S 2, 12-6-05; Ord. No. 08-002, S 2, 2-5-
08)
Section 5. Reserved. .A~eeessibilitJ' by handicapped.
All construction must oonform v.'ith federal, state and county acoessibility rules and
regulatiGRs including, but not limited to, the Florida .^.ccessibility Code, January 1991
Edition. In addition, all interior doors in all dVielling units, hotel rooms and motel moms
on [I:fst floor only or floors serviced by elevators shall have a minimum of twenty nine
(29) inches clear opening, (door of at least thirty two (32) inches in width) v/ith the
exoeption of storage rooms and closets.
October 14, 2008
4
Section 6. e oastal building zone and code.
A The coastal building zone for the Clt) is the land area from the seasonal~ Formatted: Norma! :ilJstrflec
high-water line landward to a line one thousand five hundred (1.500) feet landward from ,ndent: FIest line;
~ -"-.~._-"- "---- ._-~
the coastal construction control line as established pursuant to Section 1 n 1.053. Florida
Statutes. Development projects within this zone must utilize best management
construction techniques for natural resource protection and must confom1 to the goals.
objectives and policies of the comprehensive plan of the city. Chapter B7. Coastal
Management.
B. The coastal construction code was adopted on August 19, 1986 and applies
I to all construction within the coastal building zone. and is incorporated herein bv . .-.-._--------
reference. ...1\ COpy.of) fi1e-.and available for inspection in the offices of the cityc1erk and 1 Deleted: It
the director of development. Deleted: is not set out at length herem
" but is
-_._---_.-.~_._-_._._--_. -.
(Ord. No. 96-60. ~ 1. 1-21-97)
Section 7. Reserved. Sail tests.
Vlhere the bear.ng capacity of soil is not defmitely knOVlll, the director of
development may require test or oilier adequate proof to establiEih permiEisible safe
bearing capacity. TCEits shall be certified, sign.ed and sealecl by a Florida registered
engineer, and shall be submitted with the building permit application.
(Ord. No. 96 60, ~ 2, 1 21 97)
Section 8. Reserved. Building security code.
^ Title. This Eiection may be known and cited as "The City of Boynton Beach
~ j..
Building Security Code" hereinafter referred to as the security code.
R Rules of conEitruction. For the purpOEiCS of administration and enforcement of
thiEi Eiection, unless otherwise Eitated in this section, the following rules of construction
shall apply to the text:
1. In case of any difference of meaning or implication between the text of this
section and any caption, illtwtration, EiUlnmary table or illustrative table, the text shall
eemreh
2, The word "Eihall" iEi always mandatory and not discretionary: the word "may"
iEi permiEiEiive.
3. W ordEi usod in the present tense shall include the future and words used in the
singular number shall include the plural, and the plural singular, unless the context
clearly indicates the oontrary.
October] 4. 2008
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October 14. 2008
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October 14. 2001>
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October 14. 2008 11
b. The sta;in; area must be visible from an accessie1e roadway to allow
effceti';e police patrol.
c. Lighting must be provided to allow complete visibility t<J the area.
d. Padlock all storage trailers and park within staging area.
2. Items that must be discussed during a security sun'ey '.vith the crime
prevention bmeau:
a. The estaelishm.ent and flm;Tessi':e e','alaation of a secm-ity budget.
b. The proper posting of the property.
c. The proper storage and marking of machinery and tools.
d. The methods of employee idcRtification and active site security methodt;.
(Ord. No. 01 018, ~ 2, 1 '704)
ARTICLE II. RESERVED. ELECTRICAL CODE
^ The National Electrical Code, 1999 Edition, together with the 1999 Boynton
,/...... Beach Amendment-s thereto, are hereby adopted as the lffiif<Jrm electrieal code of the
city. Electrical permit fees shaJJ be as provided in article I, Section -1 of this ehapter.
B. The ameBdmentG to the National Electrical Code, 19% Edition, said
amendments being attaehed to Ordinance No. 96 40, are hereby adopted and incorporated
herein, and rep1aees Section 90 la, in the National Electrical Code, 1996 Edition,
C. }.Il construotion regulation fees as referenced or described in this code are
subject to amendment by resolution by the City Commission. CtlffeBt fee sehedl:lles shall
bc maintained on file in the Office of the City Clerk and shall be available, without
charge, to the public.
(Ord. No. 9610, H 1, 2, 1, 5, 91 96; Ord. No. 0045, ~ 1, 9 600)
ARTICLE III. RESERVED
ARTICLE IV. RESERVED
ARTICLE V. RESERVED ENERCY EFFICIENCY
GQDE
ARTICLE VI. RESERVED
October] 4, 2008
12
ARTICLE YII. FLOOD DAMAGE PREVE1\\T1O:'\
I Section 1. Generally. '----~....,_..--~
. Formatted: Norma:. justified
'-~-'-----
I A. Statutory authorization. The Legislature of the State of Florida has~ _. __.____m_._...
Formatted: Normal, Justiflec
authorized Joc~lgo.\l~~.~l1tal.lll1~t~ t.<?~~oRt.r.egt}la!iCln.s.d~sigIl~~ to Rrol1lotethe.public Indent: First line: C .'i'
health, safety and general welfare of its citizenry. Therefore. the City Commission of Deleted: in Chapler 16" 01 Florid"
Boynton Beach, Florida. does ordain as set out herein. _~tatutes delegated_~h::- re:r~~~~iity.t(
B. Finding of fact.
l. The flood hazard areas of Boynton Beach, Florida, are subject to~" ~_._- . .-.-------
. i Formatted: Normal, Justified,
periodic inundation which results in loss of life and property; health and safety Indent: Left: OS'
.-....--.-.-.
hazards; disruption of commerce and governmental services; extraordinary public
expenditures for flood protection and relief; and impairment of the tax base: all of
which adversely affect the public health, safety and general welfare.
I 2, These flood losses are caused by the cumulative effect of obstructions.' . --_.~_..
'1 Formatted: Normal, Justified,
in floodplains causing increases in flood heights and velocities, and by the I Indent: Left: 0.5"
occupancy in flood hazard areas by uses vulnerable to floods or hazardous to
I other lands which are inadequately elevated, .ilood nroofcd or otherwise Deleted: floodproofed
unprotected from flood damages.
I c. Purpose. It is the purpose of this article to promote the public health, safety~ I Formatted: Normal, Justified,
and general welfare and to minimize public and private losses due to flood conditions in I Indent: First line: 0.5"
specific areas by provisions designed to:
! l. Restrict or prohibit uses which are dangerous to health, safety and~' I Formatted: Normal, Justified,
property due to water or erosion hazards, or which result in damaging increases in . Indent: Left: 0.5", First line: OS
------.-----
erosion or in flood heights or velocities:
I 2. Require that uses vulnerable to floods, including facilities which~' u I Formatted: Normal, Justified,
serve such uses, be protected against flood damage at the time of initial ' Indent; Left: OS, First Ime: OS
-.--..--
construction:
I 3. Control the alteration of natural floodplains, stream channels and~ I Formatted: Normal, Justified,
natural protective barriers which are involved in the accommodation of flood : Indent: Left: OS', First line: OS'
_ u~__~__
waters:
4. Control filling, grading, dredging and other development which may~' ---------
j Formatted: Normal, Justifted,
increase erosion or flood damage: and, Indent: Left: OS', First line: OS'
.-._-~~--
I 5. Prevent or regulate the construction of flood barriers which will~ -~-----~
I Formatted: Normal, Justified,
unnaturally divert flood waters or which may increase flood hazards to other I Indent: Left: OS', First line: OS'
---~-----_.~---
lands.
October] 4. 2008
13
I D. Objectives. The objectives of this article are: ..... .--. Formatted: Normal, Justified,
Indent: First line: OS
I 1. To protect human life and health; ..---- . Formatted: Normal, Justified,
Indent: Left: OS, First line: OS
I 2. To minimize expenditure of public money for costly flood-control...----.. Formatted: Normal, Justified,
projects; Indent: Left: OS, First line: OS'
I 3. To minimize the need for rescue and relief efforts associated with... .... Formatted: Normal, Justified,
flooding and generally undertaken at the expense of the general public; Indent: Left: OS, First line: OS'
I 4. To minimize prolonged business interruptions; ... .. . i Formatted: Normal, Justified,
Indent: Left: OS, First line: OS'
I 5. To minimize damage to public facilities and utilities such as water-.--.--. Formatted: Normal, Justified,
and gas mains, electric, telephone and sewer lines, streets and bridges located in Indent: Left: 0.5", First line: OS
floodplains;
I 6. To help maintain a stable tax base by providing for the sound use and.....--.. Formatted: Normal, Justified,
development of flood-prone areas in such a manner as to minimize future flood- Indent: Left: OS, First line: OS'
blight areas; and,
I 7. To insure that potential homebuyers are notified that property is in a......-- Formatted: Normal, Justified,
flood area. Indent: Left: OS, First line: 0.5"
I E. Terms. Words or phrases used in this article shall have the meaning the)""....--. Formatted: Normal, Justified,
have in common usage and to give this article its most reasonable application. Indent: First line: 0 S'
I Area of shallow flooding - a designated AO or VO zone on a community's flood....-. Formatted: Normal, Justified,
insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a Indent: First line: 0 S'
clearly defmed channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
I Area of special flood hazard - land in the floodplain subject to a one (1) per cent.. .. --- Formatted: Normal, Justified,
or greater chance of flooding in any given year. Indent; First line: OS'
I Base flood - a flood having a one (1) per cent chance of being ,eaualed or-u' --- Formatted: Normal,Justified,
exceeded in any given year. .. '.. "'h.... . Indent: First line: OS '\
. Deleted: equalled I
I Breakaway wall - a wall that is not part of the structural support of the building+----.. Formatted: Normal, Justified,
and is intended to collapse without causing damage to the elevated portion of the building Indent: First line: OS
or the foundation system.
I Coastal high hazard area - the area subject to high velocity waters caused by, but.----.. 1 Formatted: Normal, Justified,
not limited to, hurricane wave wash or tsunamis. The area is designated in a FIRM as Indent: First line: OS
zone Vl-30, VE or V.
October ]4, 2008
14
I Flood or flooding - a general and temporary condition of partIal ur complete-' ---------,-------_.--~----
Formatted: Nocma' UStil\PC
inundation of normally dry land areas from the overflew,' of inland or tIdal waters or the 1 ndent: First 1m::
----..-----
unusual and rapid accumulation of runoff of surface waters fTorn any :-;ource.
I - --.---.--------- --~-- --
Flood hazard boundary map (FHBM) - an officIal map of a community issued b}- Formatted: Normal, Justiflec,
the Federal Emergency Management Agency where the boundaries of the areas of special lnoent: First ime: r S'
.'---- -----..
flood hazard have been defmed.
I Flood insurance rate map (FlRAf) - an official map of a community on which the+ _._._.._._,~~
Formatted: Norma:, Justified.
Federal Emergency Management Agency has delineated both the areas of special flood Indent: FIrst Ime; C."'.
hazard and the risk premium zones applicable to the community.
I Flood insurance studv - the official report provided by the Federal Emergency+ Formatted: Normal, justifIed,
Management Agency which contains flood profiles, flood boundary-floodway map and Indent: First line: 0.5'
.-.. -.- -,~
water surface elevation of the base flood.
Floodway - the channel of a watercourse and the adjacent land areas that must be-' : Formatted: Normal, Justified.
reserved in order to discharge the base flood without cumulatively increasing the water I Indent: First line: OS
- --'--- --
surface elevation more than one (1 ) foot.
I Functionally dependent facility - a facility which cannot be used for its intended- -----~-
Formatted: Normal, Justified,
purpose unless it is located or carried out in close proximity to water, such as a docking Indent: First line: 0 S
_.~
or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding, ship repair or seafood processing. The term does not include long-term
storage, manufacture, sales or service facilities.
I Mangrove stand - an assemblage of trees which contain one or more of the+- formatted: Normal, Justified,
following species: black mangrove, red mangrove. white mangrove and buttonwood. Indent: First line: OS
I ],{ean sea level - the average elevation of the sea for all stages of the tide. The-- - -1, Formatted: Normal, Justified,
I
term is synonymous with national geodetic vertical datum (NGVD). Indent: First line: OS'
~.-- -.
I National geodetic vertical datum (NGVD) - a vertical control used for establishing-' u : Formatted: Normal, Justifiec,
varying elevations within the floodplain, ' Indent: First line: OS
I New construction - structures for which the "start of construction" commenced on- . "-.--.
1 Formatted: Normal, Justified,
or after the effective date of this article. I Indent: First line: OS
I ---._--~.-
Sand dunes - naturally occurring accumulations of sand in ridges or mounds"- j Formatted: Normal, Justified,
landward of the beach. . Indent: First line: OS'
---_.._"~.-
I Application. This article applies to all areas of special flood hazard within- -~- -
F. Formatted: Normal, justifIed,
the jurisdiction of Boynton Beach, Florida. Those areas are identified by the Federal . Indent: First line: C S
-.-..-.--.... --.,'---
Emergency Management Agency in its Flood Insurance Rate Map (FIRM) 1201960001-
0005, dated September 30, 1982, and any revisions thereto are adopted by reference and
declared to be a part of this article.
October] 4. 2008
15
I G. Development permit. A development pem1it is required prior to the- /{ Deleted: R 1
commencement of any development activities. Formatted: Normal, Justified,
Indent: First line: 0.5"
\ H. Compliance. No structure or land shall hereafter be located, extended:------ Formatted: Normal, Justified,
converted or structurally altered without full compliance with the terms of this article and Indent: First line: 0 S
other applicable regulations.
I 1. Abrogation and greater restrictions. This article is not intended to repeal,..------ Formatted: Normal, Justified,
abrogate or impair any existing easements, covenants or deed restrictions. However, Indent: First line: 0.5"
where this article and another conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
I J. Interpretation. In the interpretation and application of this article all-------- Formatted: Normal, Justified,
provisions shall be: Indent First line: OS
I 1. Considered as minimum requirements; - ------- Formatted: Normal, Justified,
Indent: Left: OS, First line: 0.5"
I 2. Liberally construed in favor of the governing body; and ..------- Formatted: Normal, Justified,
Indent: Left: OS, First line: OS
I 3. Deemed neither to limit nor repeal any other powers granted unde!""--- --- Formatted: Normal,Justifled,
state statutes. Indent: Left: OS, First line: OS
I K. Warning and disclaimer. The degree of flood protection required by this..------- Formatted: Normal, Justified,
article is considered reasonable for regulatory purposes and is based on scientific and Indent: First line: 0.5"
engineering considerations. Larger floods can and will occur. Flood heights may be
increased by man-made or natural causes. This article does not imply that land outside
the areas of special flood hazard or uses permitted within such areas will be free from
flooding or flood damages. This article shall not create liability on the part of Boynton
Beach, Florida, or by any officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully made thereunder.
I L. Penalties for violation. Violation of the provisions of this article or failure t~------- Formatted: Normal, Justified,
comply with any of its requirements, including violation of conditions and safeguards Indent: First line: 0.5"
established in connection with grants of variance or special exceptions, shall constitute a
misdemeanor. Any person who violates this article or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than five hundred dollars
($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition shall
pay all costs and expenses involved in the case. Each day such violation continues shall
be considered a separate offense. Nothing herein contained shall prevent the City of
Boynton Beach from taking such other lawful action as is necessary to prevent or remedy
any violation.
I Section 2. Administration. - -- - - - --(Formatted: Normal, Justified )
October 14. 2008
16
A. Administrator. The director of development l~ hereb\ appointee
administer and implement the provisions of this anicle.
B. Duties and responsibilities of the administrator. Duties of the administrator- Formatted: Norma., Justiflec
or his designee shall include. but not be limited to: Indent: First Ime
--~------
1. Review all development permits that the ._--,~---
to assure permit" . Formatted: Normal. Justified,
requirements of this anicle have been satisfied. Indent: Left: c..s", ::rr:;t lrne: ~L:'"
-'--.- - ------- -
I ') Advise permittee that additional federal or state permits may b~ .--.-----
I Formatted: Normal, Justified,
required. and if specific federal or state permits are known, require that copies of Indent: Left: 0.5", First line: D.:'\
--..----- --. --- ~-,.-
such permits be provided and maintained on file with the development permit.
I 3. Notify adjacent communities and the state department of community" ~--'""----- .
I i Formatted: Normai, Justified,
affairs prior to any alteration or relocation of a watercourse, and submit evidence Indent: Left: OS', FI'St Ime: OS
-_._~-~-,_..
of such notification to the Federal Emergency Management Agency.
I 4. Assure that maintenance is provided within the altered or relocated-' . Formatted: Normal, Justified,
portion of said watercourse so that the flood-carrying capacity is not diminished. indent: Left: OS'. First line: OS
- ----_._---~.._-
I 5. Verify and record the actual elevation (in relation to mean sea level)" f Formatted: Normal, Justified,
of the lowest floor (including basement) of all new or substantially improved Indent: Left: OS', First Ime: OS
---_._-,-
structures, in accordance with paragraph C.
I Verify and record the actual elevation (in relation to mean sea level)- ! Formatted: Normal, Justified, --'-
6.
to which the new or substantially improved structures have been ,flood proofed, in [Indent: Left: 0.5", First Ime: OS
accordance with paragraph C. Deleted: floodproofed
I 7. In coastal high hazard areas, cenification shall be obtained from a" i Formatted: Normal, Justified,
I
registered professional engineer or architect that the structure is securely anchored ' Indent: Left: OS', First line: OS'
._~-- - -_.._-
to adequately anchored pilings or columns in order to withstand velocity waters
and hurricane wave wash.
I coastal hazard administrator shall obtain- -----
8. In high areas, the -1 Formatted: Normal, Justified,
certification for the adequacy of breakaway walls in accordance with article VII, Indent: Left: OS', FIrst iine: OS'
-- --.-------
Section 3.B.5.h.
I 9. When ,f1o()d Pr:OCJfill(!jS lltilize~ fora partic~l<lr struc:tu!e,th~ ~ Formatted: Normal, Justified,
administrator shall obtain certification from a registered professional engineer or ! Indent: Left: 0.5", First line: OS'
architect. Deleted: floodproofmg
I Where interpretation is needed as to the exact location of th~ ,~--_..._._--
10. i Formatted: Normal, Justified,
boundaries of the areas of special flood hazard (for example, where there appears indent: Left: 0.5", First line: 05"
to be a conflict between a mapped boundary and actual field conditions), the
administrator shall make the necessary interpretation. The person contesting the
October] 4. 2008
17
location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in this article.
I 11. When base flood elevation data has not been provided in accordanc~------- Formatted: Normal, Justified,
with article VII, Section I.F, the administrator shall obtain, review and reasonably , Indent: left: 0.5', First line: 0.5"
utilize any base flood elevation data available from a federal, state or other
source, in order to administer the provisions of Section 3. The finished floor
elevation of all habitable snace in new construction. not located in a flood zone.
shall be elevated a minimum of twelve (2) inches above the crown of any
adjacent roadway.
I 12. All records pertaining to the provisions of this article shall b~----- Formatted: Normal, Justified,
maintained in the department of development and shall be open for public Indent: left; 0.5', First line: 0.5'
inspection.
I c. Permitting. Application for a permit shall be made to the development+-- ---- Formatted: Normal, Justified,
department prior to any development activities. Application shall include, but not be Indent: First line: OS
limited to, the following plans in duplicate drawn to scale showing the nature, location,
dimensions and elevations of the area in question to be developed; existing or proposed
structures; flll; storage of materials; drainage facilitiesllocation. Specifically, the
following information is required:
I 1. Elevation in relation to mean sea level of the proposed lowest floor<-- _u__ Formatted: Normal, Justified,
(including basement) of all structures. Indent: left: OS, First line: 0.5"
I 2. Elevation in relation to mean sea level to which any non-residential+---- - Formatted: Normal, Justified,
structure will be ,flood tJrc:)()fed.___h____u_u____ _ _ __ __ _ ____u___ _________ ___u_______u_ Indent: left: OS, First line: OS
- - i Deleted: f1oodproofed )
I 3. Certification by a Florida registered engineer or architect that th~-uu-- Formatted: Normal, Justified,
structure meets the ,flood pr()()fin,g-_~Ijt~.ri_~ ~'!J1ic:~e_YTI~_s.~_C!!0_J?__3)3):h_____________ Indent: left: OS, First I1ne: OS
-1 Deleted: f1oodproofing I
I 4. Description of the extent to which any watercourse will be altered or<-------- Formatted: Normal, Justified,
relocated as a result of proposed development. Indent: Left: OS, First line: OS
I 5. A flood elevation or ,f1Cl_odpr()o fint; _ c_~r:tifi_~~ti_'?l1_ ~f'tl?~_ ~(: _l,?:,^:~~~ _~()_o~- - - - - Formatted: Normal, Justified,
is completed, or in instances where the structure is subject to the regulations Indent: Left: OS, First line: OS
applicable to coastal high hazard areas, after placement of the horizontal structural ' i Deleted: f1oodproofing I
I
members of the lowest floor. Within twenty-one (21 ) calendar days of
I establishment of the lowest floor elevation, or ,fl.oodproofing _~y_ _\Vh.at~~er .., Deleted:floodproofmg i
construction means, or upon placement of the horizontal structural members of
the lowest floor, whichever is applicable, the permit holder shall submit to the
I development department a certification of the elevation of the lowest floor, A(lod__ i Deleted: floodproofed I
nroofed elevation, or the elevation of the lowest portion of the horizontal
structural members of the lowest floor, whichever is applicable, in relation to
mean sea level. Said certification shall be prepared by or under the direct
I supervision of a registered land surveyor or professional engineer. When )load '1 Deleted: floodproofmg I
October 14, 2008
18
or':I(,jin;: 1S utilized. certification shall be prepared by ur under the dlrect
supervision of a professional engineer or architect Any work done withw the
rwent~y-one-day calendar period and prior w submisslOn of the certification shall
be at the permit holder's risk. The development department shall review the flood
elevation survey data submined. Deficiencies detected by such review sha11 be
corrected by the permit holder immediately and prior to continuation of the work.
Failure to submit the surveyor failure 10 make said correcrions. shall cause
issuance of a stop-work order for the project.
I 6. A survey of mangrove trees on site. . I Formatted: Normal, Justiflec,
I
Indent: Left: OS', First line: OS
I D, Variance procedures/appeals.
I - Formatted: Normal, JustiFiec,
Indent: First line: OS
1. The building board of adjustment and appeals shall hear and decide- . 1 Formatted: Normal, Justified,
appeals when it is alleged there is an error in any requirement, decision or ' Indent: Left: OS, First line: OS
---~~
determination made by the director of development in the enforcement or
administration of this article.
I a. In passing upon such appeals, the building board of- -1 Formatted: Normal, Justiflec,
adjustment and appeals shall consider all technical evaluations, all relevant : Indent: Left: 1", First line: OS
-- .-------
factors, all standards specified in other sections of this article. and:
I (1) The danger that materials may be swept onto other- i Formatted: Normal, Justified,
lands to the injury of others. . Indent: Left: 1.5", First line: OS'
I (2) The danger to life and property due to flooding or- ----- -..
. Formatted: Normal, Justified,
erosion damage. ! Indent: Left: 1.5", First Ime: OS'
\ (3 ) The susceptibility of the proposed facility and its- Formatted: Normal, JustIfied,
contents to flood damage and the effect of such damage on the Indent: Left: 1.5", F/Cst Ime: OS
~. --..---- .._~
individual owner.
I (4) The importance of the services provided by th~. I Formatted: Normal, Justified,
proposed facility to the community. Indent: Left: 1.5", First line: OS'
-~-~- '---'---"-_.~-'--
I (5) The necessity to the facility of a waterfront location.- : Formatted: Normal, Justified,
where applicable. ' Indent: Left: 1.5", First line: OS
I (6) The availability of alternative locations. not subject~ ---~ -
.i Formatted: Normal, Justified,
to flooding or erosion damage. for the proposed use. Indent: Left: 1.5", First line: OS
I (7) The compatibility of the proposed use with existing-' --~~'--
~ j Formatted: Normal, Justified,
and anticipated development. Indent: Left: 1.5", First line: OS'
October] 4. 2008
19
1 (8) The relationship of the proposed use to the"'-- m_ Formatted: Normal, Justified,
comprehensive plan and floodplain management program for that Indent: Left: 1.5", First line: 0.5"
area.
I (9) The safety of access to the property in times of flood.'- ---1 Formatted: Normal, Justified,
for ordinary and emergency vehicles. Indent: Left: 1S, First line: OS
I (10) The expected heights, velocity, duration, rate of rise"" P' - Formatted: Normal, Justified,
and sediment transport of the flood waters and the effects of wave Indent: Left~ IS, First line: OS
action, if applicable, expected at the site.
I (11) The costs of providing governmental services.....--- Formatted: Normal, Justified,
during and after flood conditions including maintenance and repair Indent: Left: 1S, First line: OS
of public utilities and facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
I b. Upon consideration of the factors listed above and the----' m' Formatted: Normal, Justified,
purposes of this article, the building board of adjustment and appeals may Indent: Left: I", First line: OS
attach such conditions to the granting of variances as it deems necessary to
further the purposes of this article.
I c. Variances shall not be issued within any designated floodwaJ"""'Hh Formatted: Normal, Justified,
if any increase in flood levels during the base flood discharge would Indent: Left: 1", First line: OS
result.
2. The building board of adjustments and appeals shall hear and decide
requests for variances from the requirements of this article.
I a. Conditions for variances: . . -.. .' - Formatted: Normal, Justified,
Indent: Left: OS, First line: OS
I (1) Variances shall only be issued upon a determination that the+--h'" Fonnatted: Normal,Justifled,
variance is the minimum necessary, considering the flood hazard, to afford Indent: Left: 1", First line: 0.5"
relief, and in the instance of a historical building, a determination that the
variance is the minimum necessary so as not to destroy the historic
character and design of the building.
I b. Variances shall only be issued upon: -, ... -. - Formatted: Normal, Justified,
Indent: Left: 0.5", First line: 0.5"
I (1) A showing of good and sufficient cause; +- ~ - - - ~ Formatted: Normal, Justified,
Indent: Left: 1", First line: 0.5"
I (2) A determination that failure to grant the variance would-.' -- - Formatted: Normal, Justified, 1
result in exceptional hardship to the applicant; and Indent: Left: 1", First line: 0.5"
, (3) A determination that the granting of a variance will not result- --- '-j Formatted: Normal, Justified,
m increased flood heights, additional threats to public safety, Indent: Left: 1", FIrst line: 0.5"
extraordinary public expense, create nUIsance, cause fraud on or
October 14, 2008
20
vICtimization of the public, or conflict \\' llb eXISIUl g jucal law;- ,.,-
ordinances.
c. .tillY applicant to whom a \'ariance is granted shall be glVen
written notice specifying the difference between the base flood elevation
and the elevation to which the structure is to be built and stating that the
cost of flood insurance will be commensurate willi the increased risk
resulting from the reduced lowest floor elevation.
I 3. Any person aggrieved by the decision of the building board of~' Formatted: Normal, Justified,
adjustment and appeals or any taxpayer may appeal such decision to the circuit ' Indent: Left: OS', FIrst lIne: OS'
court as provided in Florida law.
4. Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic Places or the
State Inventory of Historic Places without regard to the procedures set forth in the
remainder of this section.
5. The director of development shall maintain the records of all. .~-..
'1 Formatted: Normal, Justified,
appeal actions and report any variances to the Federal Emergency Management ! Indent: Left: OS', FIrst line: OS'
Agency upon request.
I Section 3. Provisions for Flood Hazard Reduction. . i Formatted: Normal, JustifIed
---'-~'-
I A. In General. In all areas of special flood hazard the following provisions are'" .1 Formatted: Normal, Justified,
required: ' Indent: First line: OS'
1. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the structure.
I 2. Manufactured homes shall be anchored to prevent flotation.~u " Formatted: Normal, Justified,
collapse or lateral movement. Methods of anchoring may include, but are not Indent: Left: OS', FIrst line: OS'
limited to, use of over-the-top or frame ties to ground anchors. This standard
shall be in addition to and consistent with applicable state requirements for
resisting wind forces.
I 3. All new construction and substantial improvements shall be'" ' Formatted: Normal, Justified,
constructed with materials and utility equipment resistant to flood damage. Indent: Left: OS', First line: OS'
I 4. All new construction or substantial improvements shall be'" Formatted: Normal, Justified,
constructed by methods and practices that minimize flood damage. Indent: Left: OS', FIrst line: OS'
I ..~
5. ElectricaL heating, ventilation, plumbing, air conditioning equipment. ~ Formatted: Normal, JustifIed,
and other service facilities shall be designed and/or located so as to prevent water ; Indent: Left: OS', First lIne: OS'
from entering or accumulating within the components during conditions of
flooding.
OctOber ]4. 2008
21
I 6. All new and replacement water supply systems shall be designed to.--' Formatted: Normal, Justified,
minimize or eliminate infiltration of flood waters into the system. Indent: Left: 0.5", First line: 0.5'
I 7. New and replacement sanitary sewage systems shall be designed to.------ Formatted: Normal, Justified,
minimize or eliminate infiltration of flood waters into the systems and discharges Indent: Left: 0.5", First line: 0.5"
from the systems into flood waters.
I 8. On-site waste disposal systems shall be located to avoid impainnent.-- - - Formatted: Normal, Justified,
to them or contamination from them during flooding. Indent: Left: 0.5", First line: OS'
I 9. Any alteration, repair, reconstruction or improvements to a structur~m." Formatted: Normal, Justified,
which are in compliance with the provision of this article, shall meet the Indent: Left: 0.5", First line: 0.5"
requirements of "new construction" as contained in this article.
I B. Standards for areas of special flood hazard. In all areas of special flood.------ Formatted: Normal, Justified,
hazard where base flood elevation data has been provided as set forth in Article VII the Indent: First line: 0.5"
following provisions are required:
1 1. Residential construction. New construction or substantial." . --' Formatted: Normal, Justified,
improvement of any residential structure shall have the lowest floor, including Indent: Left: 0.5", First line: 0.5"
basement, elevated to or above base flood elevation. Should solid foundation
perimeter walls be used to elevate a structure, openings sufficient to facilitate the
unimpeded movements of flood waters shall be provided in accordance with
standards of article VII, Section 3.B.3.
I 2. Non-residential construction. New construction or substantial.---.... Formatted: Normal, Justified,
improvement of any commercial, industrial or other non-residential structure shall Indent: Left: 0.5", First line: 0.5"
have the lowest floor, including basement, elevated to the level of the base flood
I elevation. Structures located in all A-zones may be,fl.o.C?~prClof~~_~J.i_e~.()r1?~!nK . i Deleted: floodproofed I
elevated provided that all areas of the structure below the required elevation are
watertight and with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered professional engineer
or architect shall certify that the standards of this subsection are satisfied. Such
certification shall be provided as set forth in Article VII, Section 2.C.3.
I 3. Elevated buildings. New construction or substantial improvements of.. ....- Formatted: Normal, Justified,
elevated buildings that include fully enclosed areas formed by foundation and Indent: Left: 0.5', First line: 0.5"
other exterior walls below the base flood elevation shall be designed to preclude
fmished living space and designed to allow for the entry and exit of floodwaters to
automatically equalize hydrostatic flood forces on exterior walls.
I (a) Designs for complying with this requirement must either be------- Formatted: Normal, Justified,
certified by a professional engineer or architect or meet the following Indent: Left: 1 n, First line: 0.5"
minimum criteria:
October] 4, 2008
22
(1) Provide a mmimum of two (2) openings hal'mg ". ---_._,----
Formatted: t'iormai, Justified.
total net area of not Jess than one ( 1 i square inch for every square Indent: Left: 1.:", Firs: line: OS
----~--_..,.,_..._-- ."-"---
foot of enclosed area subject Ie' flooding.
I (2) The bottom of all openings shall be no higher than- -------
Formatted: Normal, Justified,
one (1) foot above grade: and Indent: Left: 1.5", First Ime: OS
_..._._---,----~_._.
I ~- ------..-- ------ ..~-
(3 ) Openings may be equipped with screens, louvers.-' , Formatted: Normal, Justified,
valves or other coverings or devices provided they permit the Inaent: Left: c.5", First Ime: CS
"'- -~--------
automatic flow of floodwaters in both directions.
(b) Electrical, plumbing and other utility connections are-- " . Formatted: Normal, Justified,
prohibited below the base flood elevation: Indent: Left: 1", First line: CS'
---'.
I (c) Access to the enclosed area shall be the minimum necessary~' . . Formatted: Normal, Justified,
to allow for parking of vehicles (garage door) or limited storage of ! Indent: Left: 1", First line: OS'
maintenance equipment used in connection with the premises (standard
exterior door) or entry to the living area (stairway or elevator): and
I (d) The interior portion of such enclosed area shall not be- I Formatted: Normal, Justified, ----,--
partitioned or finished into separate rooms. ! Indent: Left: 1", First line: OS'
--- _._,~---~
I 4. Floodways. The following provisions shall apply to floodways~ j Formatted: Normal, Justified,
within areas of special flood hazard established hereinbefore: ! Indent: Left: OS'. First line: OS
I (a) Prohibit encroachments including fill. new construction,-" "--.-..--.
1 Formatted: Normal, Justified,
substantial improvements, and other development unless certification ! Indent: Left: 1", First line: CS'
.--.--
(with supporting technical data) by a Florida registered engineer is
provided demonstrating that encroachments shall not result in any increase
in flood levels during occurrence of the base flood discharge.
I (b) If Paragraph BA.a is satisfied, all new construction and- "i Formatted: Normal, Justified,
I
substantial improvements shall comply with all applicable flood hazard I Indent: Left: 1", First Ime: OS'
----.---_.~
reduction provisions of Section 3.
(c) Prohibit the placement of any manufactured homes (mobile- i Formatted: Normal, Justifred,
homes) except in an existing manufactured home (mobile home) park or ' Indent: Left: 1", First Ime: OS'
~-~_.~_..-
subdivision. A replacement manufactured home may be placed on a lot in
an existing manufactured home park or subdivision provided the
anchoring standards and elevation standards outlined hereinbefore are met.
I Coastal high hazard area (V zones). ~ ---~_.._-- ---.
5. Located within the areas of- . 1 Formatted: Normal, Justified,
special flood hazard established herein are areas designated as coastal high hazard Indent: Left: OS', First line: C.::"
--~-
areas. These areas have special flood hazards associated with wave \vash:
therefore, the following provisions shall apply:
October] 4. 2008
')~
__1
I (a) All buildings or structures shall be located landward of the---- ---- Formatted: Normal, Justified,
reach of the mean high tide. Indent: Left: 1", First line: OS
I (b) All buildings or structures shall be elevated so that the+----u Formatted: Normal, Justified,
lowest supporting member (excluding pilings or columns) is located no Indent: Left: 1", First line: OS
lower than the base flood elevation level, with all space below the lowest
supporting member open so as not to impede the flow of water. Open
lattice work or decorative screening may be permitted for aesthetic
purposes only and must be designed to wash away in the event of
abnormal wave action.
I (c) All buildings or structures shall be securely anchored on..--uu- Formatted: Normal, Justified,
pilings or columns. Indent: Left: 1", First line: OS
I (d) All pilings and columns and the attached structures shall be+u-u-- Formatted: Normal, Justified,
anchored to resist flotation, collapse, and lateral movement due to the Indent: Left: 1", first line: OS
effect of wind and water loads acting simultaneously on all building
components. The anchoring and support system shall be designed with
wind and water loading values which equal or exceed the hundred-year
mean recurrence interval (one {I} percent annual chance flood).
I (e) A Florida registered engineer or architect shall certify that.. --'--1 Formatted: Normal, Justified,
the design, specifications and plans for construction are in compliance Indent: Left: 1", first line: OS
with the provisions contained in paragraph B.5.b, c and d.
I (f) No fill shall be used as structural support. Non-compacted"-'h-u Formatted: Normal, Justified,
fill may be used around the perimeter of a building for Indent: Left: I", First line: OS
landscaping/aesthetic purposes provided the fill will wash out from storm
surge, (thereby rendering the building free of obstruction) prior to
generating excessive loading forces, ramping effects or wave deflection.
The development department shall revIew design plans for
landscaping/aesthetic fill only after the applicant has provided an analysis
by an engineer, architect and/or soil scientist, which demonstrates that the
following factors have been fully considered:
I (1) Particle composition of fill material does not have a~------- Formatted: Normal, Justified,
tendency for excessive natural compaction; and Indent: Left: IS, First line: 0.5"
I (2) Volume and distribution of fill will not cause wave- _h - - - - Formatted: Normal, Justified,
deflection to adjacent properties; and Indent Left: 1.5", First line: 0.5"
I (3) Slope of fill will not cause wave run-up or ramping. +-------- Formatted: Normal, Justified,
Indent: Left: 1.5", first line: OS
I (g) There shall be no alteration of sand dunes or mangrove+- __u_, Formatted: Normal, Justified,
stands which would increase potential flood damage. : Indent: Left: 1", First line: OS
October ]4, 2008
24
Lattice work or decoratJ\'e screenmg shall be allowed below. -~-----_.~-
(h) Formatted: Norma.. :CJS'!';f'c
the base flood elevation provided they are not part of the structural support Jnoen:: Let:: :', F,'5'
of the building and are designed so as to breakaway. under abnoffilally
high tides or wave action. without damage to the structural integrity of the
building on which they are to be used and provided the following desJ~>11
specifications are mer:
(1) No solid walls shall be allowed: and - -----
. Formatted: Normal, Justified,
: Indent: Left: :S', First line: OS'
I (2) Material shall consist of wood or mesh screening. '1 Formatted: Normal, JustifIed,
only. : Indent: Left: 1S', First line: OS'
..----...
I (i) If aesthetic lattice works or screening are utilized, such- . Formatted: Normal, Justified,
enclosed space shall not be used for human habitation. Indent: Left: 1", First line: OS'
----..--.---..
I (j) Prior to construction, plans for any structure that will have-- i Formatted: Normal, Justified,
lattice work or decorative screening must be submitted to the development . Indent: Left: 1", First line: OS'
department for review.
(k) Prohibit the placement of manufactured homes (mobile- i Formatted: Normal, Justified,
homes), except in an existing manufactured home (mobile home) park or ) Indent: Left: 1 ", First line: OS'
subdivision. A replacement manufactured home may be placed on a lot in
an existing manufactured home park or subdivision provided the
anchoring and elevation standards of this chapter are met
I (1) Any alteration, repair. reconstruction or improvement. i Formatted: Normal, Justified,
i
to a structure shall not enclose the space below the lowest floor I Indent: Left: 1.5", FIrst Ime: OS'
except for lattice work or decorative screening, as provided for in
paragraph B.6.h and i.
I c. Standards for areas of shallow flooding (AO zones). Located within the--' i Formatted: Normal, Justified,
areas of special flood hazard established in Section 1.F are areas designated as shallow ~ Indent: First line: OS
-,--_..
flooding. These areas have special flood hazards associated with base flood depths of
one (1) to three (3) feet where a clearly defmed channel does not exist and where the path
of flooding is unpredictable and indeterminate; therefore. the following provisions apply:
I All new construction and substantial improvements of residential. -~~---_._-
(1) i Formatted: Normal, Justified,
structures shall have the lowest floor, including basement, elevated to the depth Indent: Left: OS', First line: 0.5"
-~----
number specified on the flood insurance rate map, in feet, above the highest
adjacent grade, If no depth number is specified, the lowest floor. including
basement. shall be elevated at least two (2) feet above the highest adjacent grade.
I All new construction substantial improvements of non-- ~--_._....-..~
(2) and ! Formatted: Normal, Justified,
residential structures shall: Indent: Left: OS', First line: OS'
-------
October] 4. 20()~
-, -
-)
I (a) Have the lowest floor, including basement, elevated to th~u m Formatted: Normal, Justified, I
depth number specified on the flood insurance rate map, in feet, above the Indent: Left: 1", First line: OS'
highest adjacent grade. If no depth number is specified, the lowest floor,
including basement, shall be elevated at least two (2) feet above the
highest adjacent grade, or
I (b) Be completely ,flood Droofed to or above that level sothat+- --.. - Formatted: Normal, Justified,
any space below that level has watertight~alis-substantially-i~perIDeable .. . Indent: Left: 1", First line: OS
to the passage of water; structural components having the capability of . ~ Deleted: floodproofed J
resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
I utility and sanitary facilities completely fio_od nroofed:muuuuumuuu u__d "'. Deleted: floodproofed I
I D. Standards for subdivision proposals. +u___u Formatted: Normal, Justified,
Indent: First line: OS
I 1. All subdivision proposals shall be consistent with the need to+u---u Formatted: Normal, Justified,
minimize flood damage. Indent: Left: OS', First line: 0.5"
I 2. All subdivision proposals shall have public utilities and facilities such" m _nO Formatted: Normal, Justified,
as sewer, gas, electrical and water systems located and constructed to minimize Indent: Left: 0.5", First line: OS
flood damage.
I .., All subdivision proposals shall have adequate drainage provided to+----'-- Formatted: Normal, Justified,
.:l.
reduce exposure to flood hazards. Indent: Left: OS, First line: OS
I 4. Base flood elevation data shall be provided for subdivision proposals"-----u Formatted: Normal, Justified,
and other proposed development which contains more than fifty (50) lots or is Indent: Left: OS, First line: OS
larger than five (5) acres.
I E. Standards for small streams. Where small streams exist, but where no base-d---u Formatted: Normal, Justified,
flood data has been provided or where no floodways have been provided, the following Indent: First line: OS'
provisions apply:
I 1. No encroachments, including fill material or structures, shall be-----u-- Formatted: Normal, Justified,
located within a distance of the stream bank equal to five (5) times the width of Indent: Left: OS, First line: OS
the stream at the top of bank or twenty (20) feet on each side from top of bank,
whichever is greater unless certification by a Florida registered engineer is
provided demonstrating that such encroachments shall not result in any increase
in flood levels during the occurrence of the base flood discharge.
2. New construction or substantial improvements of structures shall be
I elevated or ,flood proofed in acc;ordance with elevations established in accordance ,. . i Deleted: floodproofed 1
with Section 2.B .11.
ARTICLE VIII. LOCAL HOUSING ASSISTANCE
PROGRAM HOUSINC
October 14. 2008
26
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October 14. 200'6 :-7
conditions, occupancy aBd maintenance of d'J/elliB;;s, dv/elling units and premises;
establishin.; minimum standards governing atilities, supplied facilities and ether physical
compoBents and conditions essential to make dwellings, dwelling llBits aftd premises
safe, sanitary and fit for human habitation; fixmg oertain respoRsibilities and duties of
o'.'/ners, operators, ageRts and occupants of dwellings, dv/elliRg units and premises; and
authorizing and establishiRg procedures for the mspeetion of dwellmg units aftd premises
aad the cOBdemnation and '/acatioB of those dwelliRgs, d-,velling units and premises unfit
for human habitation.
D. Scope; applicability. E'/ery portion of a b\:lilding or premises used or intended to
be u5ed for any dv/elliRg purpose, e:meept temporary housing, shall eomply with the
provisions of this artiule, irrespeotive of when such building shall have been eonstructed,
altered or repaired; and irre5flecth'e of any permits or licenses which shall have been
issl:led for the use or oceapancy of the building or premises, for the construction or repair
of 'euildin.;, or for the installation or r-epair of equipment or facilities prior to September
15, 1965.
This article establishes minimum standards but does not replaoe, repeal or modify
standards othenvise established for construction, replacement or repair of 'el:lildiRgs or
structures eJwept sueh as are contnrry to the provisions of this article, in \T/hich event the
higher standard required shall prevail.
E. Conflict with other ordinances. Where a provision of this article is found to be in
conflict 'J/ith a proT/isioB of any zoniRg, building, eleetrieal, plumbing, fire, safety or
health ordinance or any eode or other regulation of the city, the provision which
establishes the highest standard shall prevail.
F. Conflict of permits and licenses. /.11 departments, officials and employees of the
city who have the duty or the authority t<l issue permits or lioenses in regard to the
construction, installation, repair, use or oooupanoy of dwellings and d',,'elliRg units shall
conform to the pro'/isioRs of this article. No permit or lieense sball be issued if suoh
woald 'ee in conflict with this article eJwept as provided in article VIII, Seotion IE
G. Unfit dwelling units.
1. Eli.;ibility. Any d'Nelling or awelling unit having the folloT//in.; defeats, may
be designated by the development department as anfit for human habitation:
(a) The structure lacks illumination, '/entilation, sanitation, heat, inadequate
or unsafe wiring or other facilities adequate to protect the health and safety of the
occapants or the puelie.
(b) The struoture is damaged, deGayed, dilapidated, unsanitary, unsafe or
vermin infcsted in such manner as to create a serious hazard to the health and safety of
the oooupants or the pablie.
October] 4, 2008
28
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October 14. 2()O8
29
1. To rent or lease no dwellin.; to anyone for occupancy unless it meets
minimum. standards set farth her-ein.
2. To have dwellin; in clean, sanitary, habitable condition; to free from
infestation Before renting; to paint T......alls and ceilings; and to clean, repair and exterminlite
if needed to meet aforesaid requirements Before offering for rent.
3. To provide screens to be hung.
1. To eKtermmate in the folloTl.'ing eases:
(a) V/hen infestation exists in two (2) or more HRits or multiple unit
structures.
(b) '}.Then infestation exists in shared or public areas of multiple unit
structure.
(0) When infestation eJ(ists iR single unit of multiple unit structure or in single
uRit structure ';r,,.hen mfesmtioR is due to failure of the o.......ner to maintain the dwelling in a
ratproof and reasonably insect proof condition.
Seeti9B 2. Minimum Standards,
^ Genoral condition of structures.
.1......
1. All dwelling structures shall be waterti;ht, weatherproof, roaent aftd iRsect
proof and in good repair.
2. E'Iery foundation, exterior T.vall and roof shall be reasonably T:;at-ertight,
weatherti;ht and rodent proof, shall adequately sapport the bl.:1ilding at all times and shall
be in a TNorkmanlil(e state of mamtenance and repair.
3. Every interior partition, ......'all, floor lind ceiling shall be reasonably tight;
capable of affordiRg priT/acy; maintained in a workmanlike state of repair; and in a clean
and sanitary condition.
1. ETleI)' roof shall be so dramed and every lot shall he graded and drained so as
to prevent dampness in the walls, eeilin.;, floors or ba5emcnt of every dwelling.
5. ETleI)' '.yindow, exterior door and basement hatch'Tvay shall be reasonably
T.veathertight, wat-ertight and rodent proof, and shall be maintained in a sound oOBdition
and repair.
6. Every inside and outside stairway, every porch and every appurtenance
thereto shall be safe to use; capable of supporting the load that normal use may cause;
and maintamed in sound condition and repair.
October 14, 2008
30
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October 14. 2008
31
1. Potable ':cater supply. ETle!)' habitable dwelling unit shall be sapplied T:.'ith
potable 'Nater approT.'ed 'ey the Palm Beach County Health Department.
2. Plumbin.; fIxtares. In cT.'el)' habitable (hvelling unit all plumbing fIxtures shall
be properly installed; properly coooected in accordanee \vith the city plumbiRg code to
thc water supply and sewer system; properly maiRtaiBed; and in good T,...orkiRg order.
3. Supplied facilities. Every habitable dwelling unit shall contain a sink, tub or
shower, laTlatory and toilet.
F. Space requirements.
1. SleepiBg rooms. E."el)' sleeping room for one occapani: shall have se'/enty
(70) sqaare feet of floor space or fifty (50) sqliare feet of floor 5flaee per occapani:,
whichever is greater.
2. Size of dwelling linit. The total of all habitable rooms in a dwelling unit shall
be such as to provide at lease one hundred and fifty (150) square feet of floor space for
thc fIrst oooupant and one hundred (100) square feet of floor space per additional
ocoupant, except every dwelliRg tlnit shall contam a greater area if reqliired 'ey the city
building or zoning oode.
3. Minimum height of habitable rooms. Eve!)' habitable room shall be not less
than seveR (7) feet iR height from the floor to the oeiling throughout one half of the area
of slioh room. /.ny portion of room having a ceiliRg height of less than fi'/e (5) feet shall
not be considered in computiRg the total floor area fDr SliCE. room.
G. Egress. Eve!)' habitable dwelling lmit shall be provided with safe and
unobstructed ex-its to reduce danger in oase of emergeney.
H. Infestation.
1. ETcel)' door, T;,'indo'J;' or other deTcioe opening directly from a dwelling unit to
outdoor spaoe shall be equipped 'Tvith screens.
2. ETcery basement or cellar '.?meow or other opening to a basement shall be
permanently equipped with screens or such other deT/ice as will effeetively prc'/ent the
entrance of rodents.
3. There shall be no standin.; pools of water y/hich might provide a breeding
place for mosqliitoes.
1. Dwellings should be fr-ee from rodents and other T/ennin at all times.
Section 3, LoeallloHsmg Assistance Program.
October] 4. 2008
32
A. The "WHEREAS.' clauses of Ordinance No. oq- -, 1 are bereby ratified ano
confirmed as being true and correct and are hereby made a special pan of this section
B. Defmitions. For the purposes of this section. the defminons contained in the
State Housing Initiatives Partnership Act hereinafter .'the Act," Sections 420.907 et seq..
Florida Statutes, and Chapter 91-37 of the Florida Administrative Code. as amended from
time to time, are adopted herein by reference.
C. Legislative intent. The purpose of this chapter is to implement the Act;
including, without the limitation, the following:
1. To increase the availability of affordable housing by combining local
resources and cost saving measures, as applicable, and by using private and public
resources to reduce the cost of housing;
') To promote more compact urban development, and to assist m
achieving the growth management goals contained m the adopted local
comprehensive plan by allowing more efficient use of land so as to provide
housing units that are more affordable;
3. To establish a strong sense of community through increased social
and economic integration;
4. To build the organizational and technical capacity of community-
based organizations so as to optimize the role of community-based organizations
in the production of affordable housing:
5. To promote innovative design of eligible housing, and its supporting
infrastructure, to provide for cost savings in the provision of such housing; and
6. To promote expedited permit processing systems for affordable
housing.
D. Establishment of Local Housing Assistance Program.
1. There is hereby created and established a local housing assistance
program ("Program") by the City of Boynton Beach, to be implemented and
administered by the City.
') The City shall implement the Program. within the City, consistently
with the requirements of the Act.
3. The City's Community Redevelopment Department shall be
responsible for administration of the local assistance program.
October] 4. 2008
33
E. Special provisions. The City hereby indicates that five (5%) percent of the
funding to be used for administration of the program is insufficient, and therefore elects
to utilize ten (10%) percent of the funding for administration purposes.
F. Establishment of Affordable Housing Assistance Trust Fund.
1. Pursuant to the requirements of the Act, the City agrees to establish
an affordable housing trust fund ("Fund") within the official and fiscal accounting
records of the City. All monies deposited in the fund shall be subject to the
requirements of the Act and this section.
2. The City shall eause the Fund to be audited, and shall report the
results of such audit as required by the Act.
G. Creation of Citizens Advisory Committee. This section shall cause the
creation of a Citizens Advisory Committee to act in the role of the Affordable Housing
Advisory Committee, as required by the Act. The composition and function of the
Committee shall be in accordance with the requirements of the Act.
H. Adoption of the Affordable Housing Incentive Plan. The City will, within
one (1) year of adoption of Ordinance No. 97-11, adopt a Housing Incentive Plan as
required by Florida Statutes.
(Ord. No. 97-11, ~S 1-8,5-6-97; Ord. No. 97-21, S 1,6-17-97)
ARTICLE IXT RESERVED SWIMMINC POOLS }~~D
SPAS
The swimming pool and spa "ode establishing 'easie criteria fDr the design and
eonstruction of swimmiRg pools and spas v.'ithin the city was adopted and esta'elished as
the sTNimming pool and spa regulations of the city 01'1 Se13tember 1, 1996, and is OR file as
Ordinanee No. 96 39 iR the office of the city clerk and the office of tho direetor of
development.
(Ord. No. 96 39, ~ 1, 9 1 96; Ord. No. 96 60, ~ 3, 1 21 97)
ARTICLE X, WORKFORCE HOUSING PROGRAM
Section 1. Findings.
A. The City Commission having conducted a housing needs assessment has
determined that there is a housing shortage within the city that is affordable to the
everyday working families and citizens of the city.
B. Florida Statutes S 166.04151 provides that a municipality may adopt and
maintain any ordinance that is adopted for the purpose of increasing the supply of
October ]4, 2008
34
\vorkforce housmg usmg land use mechamsms not wIthstanding any other nr(wisior. (,.
law.
C. The City Commission recognIzes that there IS a growmg gap between
housing costs and wages in the city.
D. The city has a legitimate public interest in preserving the character and
quality of neighborhoods which requires assuring the availability of workforce housing
for low and moderate income persons in the city.
E. The city recognizes that the need to provide workforce housing is critical to
maintaining a diversified and sustainable city having the character and sense of
community where people can live and work in the same area.
F. The city is encouraging the production and availability of workforce housing
and at the same time is cognizant that escalating land costs and rapidly diminishing
amounts of land hinder the provision of sufficient workforce dwelling units by the private
sector.
(Ord. No. 07-007. ~ 2.4-3-07)
Setion 2. Defmitions.
A. Median Household Income (MHI). The Palm Beach County Median
Household Income, adjusted for family size, as published by the Department of Housing
and Urban Development (HUD).
B. Af(ordability controls. Restrictions placed on workforce housing units by
which the price of such units and/or the income of the purchaser or lessee will be
restricted in order to ensure that the units remain affordable to low and moderate income
households.
C. AfJordability term. The time a workforce housing unit is required to remain
affordable to income qualified buyers or renters.
D. Boynton Beach Housing Trust. A trust created as a depository for in-lieu of
payments, donated land, or housing units for the purpose of providing workforce housing
uni ts.
E. Citl'. The City of Boynton Beach, Florida.
F. Deed restriction. Each workforce housing unit created under the program
shall be deed restricted for thirty (30) years. The deed restriction shall serve to restrict the
sales or rental price and/or the income of the purchaser or renter.
October] 4. 2008
35
G. Development. A development at one (1) location which includes at least ten
(10) residential units for which site plan approval has been granted.
H. Eligible occupant. A person who qualifies for participation in the program
whose income does not exceed 120% of Median Household Income for Palm Beach
County as set by HUD Priority will be given to persons who have lived or worked within
the city limits of Boynton Beach continually for one (l) year immediately prior to the
date of application for a workforce housing unit
1. First time home buyer. A person who has not held ownership in a residence
within the past three (3) years.
J. Income qualified household. A household whose income is verified to be
either low income or moderate income.
K. Low income household. A household with a gross, combined income below
eighty percent (80%) of the Palm Beach County Annual Median Household Income as
defmed by HUD.
L. Moderate income household. A household with a gross, combined income
between eighty percent (80%) and 120% of the Palm Beach County Median Household
Income (as defined by the Florida Housing Finance Corporation).
M. Restrictive covenant and agreement. The covenants that govern the initial
sale and rental and subsequent resale and releasing of workforce housing units created
under the Workforce Housing Program. The term of the restrictive covenant and
agreement is thirty (30) years.
N. W orliforce housing unit. A dwelling to be sold or leased to an individual or
family that is income qualified in which the rent or mortgage payments (including
principal, interest, taxes, insurance and homeowner association fees) does not exceed
thirty- five percent (35%) of the gross income of households that are classified as low or
moderate income households.
(Ord. No. 07-007, S 2,4-3-07)
Section 3. Applicability,
Except as otherwise provided in this article, these regulations shall apply to
development applications consistent with the following conditions:
A. Developments with a residential component for which any land use and/or a
zoning category permitting the density in excess of 10 dwelling units per acre is applied,
including the requests for planned development districts in cases where the desired Future
Land Use classification is already i.11 place and allows such densities;
October J 4, 2008
36
B. A major modification of a development sIle plan If ( 11 the prevIOus appnwal
includes a density as described in condition A of this sect]on: and (2) such modification
proposes more housing units than previously approved: and (3 ! the previous development
approval was granted after April 3, 2007: in such a case. these regulations will appl:- w
additional units only: and:
C. Developments whose previous approval was consistent wlth condition A of
this section and whose site plan has expired.
(Ord. No. 07-007. ~ 2.4-3-07: Ord. No. 08-004, ~ 2. 3-4-08)
Section 4. Provision of workforce housing units.
Developers may be entitled the requested higher density land use and zoning category if
providing workforce housing units as stated below. subject to the limits and requirements
of this chapter.
A. To be eligible for the requested higher density land use, the following
percentage of workforce housing units must be incorporated into the development:
l. High and Special High Density Residential - Twenty percent (20%)
of the total number of proposed residential units in the development shall be
designated as workforce housing units.
") Mixed-Use - Fifteen percent (15%) of the total number of proposed
residential units in the development shall be designated as workforce housing
units.
3. Mixed Use Core - Ten percent (10%) of the total number of proposed
residential units in the development shall be designated as workforce housing
units.
TABLE 1
LAND USE CLASSIFICATION ZONING DISTRICTS MAXIMUM DENSITY
High Density Residential PUD 10.8 dwelling units/acre
IPUD 10.8 dwelling units/acre
Special High Residential (SHR) PUD 20 dwelling units/acre
IPUD 20 dwelling units/acre
Mixed Use-Core (MXC) Mixed Use-High 80 dwelling units/acre
Mixed Use (MX) Mixed Use Low-l 20 dwelling units/acre
Mixed Use Low-2 30 dwelling units/acre
Mixed Use Lo~-3 40 dwelling units/acre
October] 4. 200~
37
B. Twenty-five percent (25%) of the total required workforce housing units
shall be set aside for low income households. Seventy-five percent (75%) of the total
required workforce housing units shall be set aside for moderate income households.
C. If the required number of workforce housing units results in a fractional
remainder greater than .50, the number shall be rounded up. If the required number of
workforce housing units results in a fractional number less than .50, the number shall be
rounded down.
D. The workforce housing units provided shall have the same percentage of
unit types as market rate units within the development unless a contrasting unit type is
intended to address particular needs existing within the community at the time of
approval and substantiated by written evidence such as related reports or data. If the
application involves a major modification of an existing development, only the additional
units are used in determining the required unit mix.
E. All units shall meet the requirements for unit size and construction as
specified in this chapter and meet all required Land Development Regulations and
applicable building codes.
F. At the time of application for land use classification amendment and
rezoning category change the project must be reviewed and signed offby the Community
Improvement Division of the eity as part of the site plan approval process for compliance
with affordability guidelines and number of units qualifying as workforce.
G. The site plan shall clearly identify the location of workforce housing units.
Additionally, tabular data must be included on the site plan showing the address or unit
number, total number of units, number of bedrooms of workforce housing units and the
targeted income levels. This shall be included with the market rate data.
H. Workforce housing units shall include those units in a development, which
are regulated in terms of:
l. Initial sales price or rent levels; and
2. Subsequent resale prices or leasing rates.
1. If compliance with a land development standard would preclude construction
of a residential or mixed-use development in which workforce housing units are included,
pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of
the development standard. The applicant shall show that the waiver or reduction of the
development standard is necessary to make the workforce housing units economically
feasible and that such a waiver will not compromise any of the city's life or safety
standards.
October] 4. 2008
38
J. Pnor to the issuance of any building peml1t the restrictive covenant ano
ah'Teemem shall be recorded in the public records of P aIm Beach County. The term of the
restrictive covenant shall be thirty (30) years. A copy of the recorded covenant and
agreement shall be provided to the city prior to the issuance of the building pemlit.
(Ord. No. 07-007. ~ 2.4-3-07: Ord. No. 08-004, ~ 3. 3-4-(8)
Section 5. Off-site options,
A. Developers are required to include workforce housing units in any
development in which High Density Residential. Special High Density Residential.
Mixed-Use or Mixed-Use Core land use is requested. However, in the case of
developments in which eighty percent (80%) of the residential unit sales prices will
exceed $500,000. paying a fee in lieu of creating the workforce housing units on site
donating land, purchasing and donating market rate units or building off site for the
required number of workforce housing units may be permitted at the recommendation of
the Community Improvement Department.
B. In any case where off-site options are permitted, twenty-five percent (25%)
of the total required workforce housing units shall be built on-site of the subject
development.
C. Off-site options are not applicable to rental developmems. All required
workforce housing units must be constructed within the subject development.
1. Payment in-lieu. Contribute the per unit price listed in Table 1 below
to the Boynton Beach Housing Trust to be utilized to subsidize the creation of
workforce housing within the city. In-lieu of fees shall be paid in full prior to the
issuance of a building permit.
TABLE 2
PAYMENT Il" LIEU FOR CREATING REQUIRED WORKFORCE HOUSING
UNITS
(per unit required)
One Bedroom $60.000
Two Bedroom $80.000
Three+ Bedroom $100,000
') Donate land (buildable residential parcels) within the city limits to be
used for workforce housing. The value of the land shall equal or exceed the total
"in lieu of' fee for all required workforce units or shall be of sufficient size to
develop the same number of required units. The value of the donated land must be
verified by a MAl appraisal no more than three (3) months old. The appraisal
October] 4. 2008
39
shall be obtained by developer at developer's cost to verify the value of donated
land. The land shall be deeded to the city prior to the issuance of a final
Certificate of Occupancy for the development.
3. Off-site construction. The required workforce housing units may be
built off-site. All off-site workforce housing units shall comply with all sections
of this article. Building permits shall be issued for a minimum of fifty percent
(50%) of the required workforce housing units to be constructed off-site prior to
the issuance of the fIrst Certificate of Occupancy in the subject development. All
off-site workforce housing units must receive a Certificate of Occupancy prior to
the issuance of more than seventy- five percent (75%) of the Certificate of
Occupancies in the subject development.
4. Purchase market rate units. Purchase an equivalent number of
existing market rate units to be deeded to the city or sold to eligible households.
Such units shall be deed restricted to comply with this article. The developer may
retain the title to off-site units subject to recordation of a city approved deed
restriction. A minimum of fifty percent (50%) of the units must be purchased and
deeded to the city or deed restricted prior to the issuance of the fIrst Certificate of
Occupancy in the subject development. All workforce housing units shall be
purchased and deeded to the city or deed restricted prior to issuance of more than
seventy-five percent (75%) of the Certificate of Occupancies in the subject
development.
(Ord. No. 07-007, S 2,4-3-07)
Section 6. Rental housing units.
A. A restrictive covenant shall be recorded in the public records specifying the
income level served, rent levels, reporting requirement and all restrictions applicable to
the workforce housing units. All leases on workforce housing units shall contain
language incorporating the restrictive covenant applicable to the workforce housing units
and shall reference the recorded restrictive covenant. The restrictive covenant shall
remain in force for thirty (30) years.
B. Units targeted to low income households at fifty percent (50%) to the eighty
percent (80%) of the Palm Beach County median income, adjusted for family size shall
not have rental rates that exceed 100% of the HUD determined fair market rent for the
area.
C. Units targeted to moderate income households at eighty percent (80%) to the
120% of the Palm Beach County median income, adjusted for family size, shall not
exceed 100% of the HUD determined fair market rent for the area.
October ]4, 2008
40
D. Tenant income qualification records shall be mamtained on site and a year!)
report shall be forv-'arded to the Community Improvement Division of the city for
compliance determination.
(Ord. No. 0:-007. ~ 2.4-3-07)
Section 7. For sale housing units,
A. All deeds shall include the restnctlVe covenant applicable to workforce
housing units. All sales contracts shall state that the unit is part of a workforce housing
program and subject to Article X, Chapter 20 of the Land Development Regulations of
the city. The restrictive covenant shall remain in force for thirty (30) years. The form of
deed for workforce housing units shall be approved by the City Attorney.
B. The restrictive covenants shall state that during the affordability term. the
resale of a workforce housing unit shall be subject to the following resale requirements.
1. All workforce housing unit owners shall notify the city immediately
that the unit is for sale. The city shall have first right of refusal to purchase the
unit. Upon receipt of notice that a valid offer has been made on the unit. the city
shall have fifteen (15) days to invoke its right of refusal to purchase the unites).
') All workforce housing units are to be resold only to low or moderate
income qualified households at an attainable housing cost for each targeted
mcome range.
C. Purchasers of workforce housing units shall be required to occupy the unit.
D. Closing costs and title insurance shall be paid pursuant to the custom and
practice in Palm Beach County at the time of opening of escrow. No charges or fees shall
be imposed by the seller on the purchaser of a workforce housing unit which is in
addition to or more than charges imposed upon purchasers of market rate units. except for
administrative fees charged by the city/CRA or their designee.
E. Sales prices for workforce housing units will be calculated on the basis of:
1. An available fIxed-rate thirty (30)-year mortgage, consistent with a
"blended rate" for Palm Beach County banks, and/or the Florida Housing Finance
Authority. A lower rate may be used in calculating workforce housing prices if
the developer can guarantee the availability of fIxed-rate thirty (30)-year
mortgage at this lower rate for all workforce housing units required for the
covered project;
') A down payment of no more than ten percent (10%) (including any
down payment assistance provided by SHIP or other sources) of the purchase
price: and
October 14. 200~
41
3. A calculation of property taxes; and
4. A calculation of homeowner msurance, mortgage msurance,
homeowner association fees, property management fees and other closing costs.
F. Compliance. Prior to request for [mal Certificate of Occupancy for the
development, the developer shall provide to the city's Community Improvement
Department, or designee, documentation sufficient to demonstrate compliance with the
workforce housing program. Such documentation shall include but is not limited to
information regarding the identity and income qualification documentation for all
occupants of the workforce housing units, proof of recordation of restrictive covenant in
approved form.
(Ord. No. 07-007, S 2,4-3-07)
Section 8. Resale requirements.
To maintain the availability of workforce housing units which may be constructed
or substantially rehabilitated pursuant to the requirements of this program, the following
resale conditions shall be imposed on the workforce housing units and included in the
deed and restrictive covenant recorded in the Public Records of Palm Beach County:
A. All workforce housing units constructed or substantially rehabilitated under
this program shall be situated within the development so as not to be in less desirable
locations than market-rate units in the development and shall, on average, be no less
accessible to public amenities, such as open space, as the market-rate units.
B. Workforce housing units within a development shall be integrated with the
rest of the development and shall be compatible in exterior design and appearance,
construction, and contain comparable HV AC systems as market rate units.
C. The developer shall provide workforce housing units that include unit types
in the same proportion as the market rate housing units unless a contrasting unit type is
intended to address particular needs existing within the community at the time of
approval and substantiated by written evidence such as related reports or data.
1. If the development contains a mix of different types of units, (e.g.
condominium, townhouse, detached, etc.), the proportion of workforce housing
units of each type to total workforce housing units must be approximately the
same as the proportion of market rate units of each type to total market rate units.
2. If the development includes both for sale and for rent units, the
proportion of for rent workforce housing units to for sale workforce housing units
must not exceed the proportion of for rent market rate units to for sale market rate
units.
October ]4, 2008
42
- . The number of bedrooms per umt must be proponionate benveen
workforce and market rate units.
4. If the application involves a major modification of an eXIstmg
development. only the additional unit.~ are used in determining the required unit
mIX.
D. The construction schedule for workforce housing units shall be consistent
with or precede the construction of market rate units.
E. There shall be no lot premiums charged on the workforce housing units.
F. All required workforce housing units shall be offered for sale or rent at an
attainable housing cost for each of the targeted income ranges.
G. The city, its successors and assigns may enforce the covenants. No
amendments to the restrictive covenant shall be made unless by written instrument
approved by the city.
(Ord. No. 07-007, S 2,4-3-07; Ord. No. 08-004, S 4, 3-4-08)
Section 9. Monitoring and compliance.
A. Final approval conditions. Final conditions of approval shall specify that the
workforce housing units are sold to buyers whose income does not exceed 120% of
median household income for Palm Beach County as set by HUD. The conditions will
also specify the requirements for reporting to the city's Community Improvement
Division on buyer eligibility, housing prices. as well as any applicable requirement to
record the restrictive covenant or to enforce resale restrictions.
B. At the time of request for fmal Certificate of Occupancy for the
development. if the workforce housing units have not been sold to income qualified
persons, the developer shall deposit in the form of a surety bond, the amount equal to
110% of the applicable "in lieu of' fee to the city's Housing Trust Fund. Upon
verification that the required number of workforce housing units have been sold to
income qualified persons, the surety will be released.
C. The city may enforce the requirements of this article through any cause of
action available at law or equity, including but not limited to seeking specific
performance, injunctive relief, rescission of any unauthorized sale or lease, during the
term of the restrictive covenant.
D. The Community Improvement Department shall submit an annual report to
the City Commissioners indicating the status of this article, including but not limited to
the number of units created, leased and sold.
October 14. 2008
43
(Ord. No. 07-007, S 2,4-3-07)
ARTICLE XIII. mSTORIC PRESERVATION
Section 1. Generally.
It is the intent of the eity to encourage the preservation of historically significant
buildings within its corporate limits. All historic buildings other than single family and
duplex dwellings shall be reviewed for historical significance in all development and
construction proposals presented to the city. Preservation of such buildings will be
required unless it can be established by the applicant that preservation significantly
interferes with the reasonable use of the property.
(Ord. No. 96-60, 9 4,1-21-97)
Section 2, Waiver oftechnical requirements,
The provisions of the technical codes relating to the construction, alteration,
repair, enlargement, restoration, relocation or moving of buildings or structures shall not
be mandatory for existing buildings or structures identified and classified by the state or
local jurisdiction as Historic Buildings when such buildings or structures are judged by
the director of development to be safe and in the public interest of health, safety and
welfare regarding any proposed construction, alteration, repair, enlargement, restoration,
relocation or moving of buildings within fire districts.
(Ord. No. 96-60, 9 2, 1-21-97)
Section 3, Design conformance.
Additions and/or modifications to historical buildings shall conform to the
architectural style of the original building.
(Ord. No. 96-60, 9 2,1-21-97)
S :\Planning\Zoning Code Update\LDR Rewrite\Part nI\Ch 20 sans PMR.doc
October 14. 2008
44
XII. - LEGAL - 2nd Reading
Non-Development
CITY OF BOYNTON BEACH ITEM 8.2
AGENDA ITEM REQUEST FORl\tJ.
Requested City Commission Date Final FOnTI Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ December 16. 2008 December]. 2008 (Noon) o February] 7,2009 February 2. 2009 (Noon)
o January 6, 2009 December 15.2008 (Noon) o March 3. 2009 February ]7,2009 (Noon)
o January 20. 2009 January 5, 2009 (Noon) o March 17,2009 March 2. 2009 (Noon)
o February 3, 2009 January 19,2009 (Noon) o April 7.2009 March ]6,2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TlON: Motion to approve, on second and final reading, an ordinance creating
Chapter 14.5 of the Code of Ordinances to be called the "Boynton Beach Dangerous Intersection Safety
Act" establishing an enforcement program within the city authorizing the city to permit and implement
the use of unmanned cameras/monitoring devices for red light infractions. There was one language
change from the first reading: the warning period adopted in the ordinance was changed from six
months to sixty days.
EXPLANATION: According to the Insurance Institute for Highway Safety, 22 percent of all
traffic accidents in the United States are caused by drivers running red lights. Our experience here in
Boynton Beach would support the fact that intersections are frequently the scene of serious traffic
crashes and that many of these are due to drivers failing to obey the automated traffic control devices
(traffic lights). In an effort to combat this problem, approximately 200 cites nationwide have installed
some sort of automated traffic enforcement devices at intersections that exhibit a high incidence of
traffic crashes. The automated devices known as "red light cameras" are used to detect red light runners
and collect photographic evidence of the infraction. In a typical system, digital cameras are positioned at
the corners of an intersection on poles a few yards high. The cameras point inward so they can
photograph cars driving through the intersection. Generally, a red-light system has cameras at all four
corners of an intersection in order to photograph cars going in difference directions and to get
photographs at difference angles. Each camera is controlled by a sensor that detects when the light turns
red and when a vehicle has passed the red light. These vehicles are then photographed from several
angles showing the tag number, the vehicle and the driver. There are a number of vendors "vho supply
this system and each works essentially in the same fashion. The vendor collects the photographic
evidence of the infractions and then sends the photographs to the local police department. A police
officer is then required to review the photographs and make a determination if in fact a violation
occurred. The police department then returns the photos to the vendor with a determination of violation
for each occurrence. The vendor then sends out a notice to the registered owner of the vehicle
S:\BULLETlN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
demanding payment of a pre-determined fine. The transfer of photos from the cameras to the vendor and
then to the police department is accomplished via the use of a secured web site set up by the vendor
The vendor takes a portion of the fine as payment for the installation and maintenance of the system and
then gi\'es the city the remainder (Exhibit "F.' in the attached sample contract shows a typical fCL'
schedule ).
The Florida legislature has yet to adopt any legislation relating to red light camera enforcement
programs. Consequently, a program of this nature will derive its authorization from F.S.S. 316.()()~
which grants municipalities the authority to regulate and monitor traffic by means of police officers and
security devices. The attorney general has opined that a city may not issue traffic citations under the
state statutes to drivers for violations observed by the use of unmanned cameras and not otherwise
observed by police officers. However, the attorney general confirms the authority of a city to enact an
ordinance making the failure to stop at a red light a violation of a cit;/s code of ordinances and to utilize
a red light camera system to monitor intersections and photograph violations. The passage of this
ordinance \vill facilitate the use of a red light camera system at select intersections within the city of
Boynton Beach.
PROGRAM IMPACT: Detection of red light violations at select intersections resulting in the imposi tlOn
of fines to be collected by the city.
FISCAL IMPACT: There is no cost to the city for the operation of the system with the exception of
officer manpower utilized to review and verify the detected red light violations.
AL TERNA TIVES: Not to utilize the red light camera system and continue traffic enforcement
through officer contact with violators.
f l' ~0?~~
I I~
'?)1{/ / ;"' .
ead's Signature City Manager's Sjgnatu~
! Assistant to City Manager ~
Department Name City Attorney;' Finance
S,B! JLLETINIFORMSIAGEN[),\ ITEM REr)l!EST F<JRM [)( l(.
1 ORDINANCE o8-{!34
2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
3 BOYNTON BEACH, FLORIDA, CREATING CHAPTER 14.5 OF THE
4 CODE OF ORDINANCES TO BE CALLED "THE BOYNTON BEACH
5 DANGEROUS INTERSECTION SAFETY ACT"; AND NEW SECTIONS
6 14.5-1 THROUGH 14.5-15 PROVIDING FOR INTENT AND
7 DEFINITIONS; ESTABLISHING AN ENFORCEMENT PROGRAM
8 WITHIN THE CITY; AUTHORIZING THE CITY TO PERMIT AND
9 IMPLEMENT THE USE OF UNMANNED CAMERASIMONITORING
10 DEVICES FOR RED LIGHT INFRACTIONS; PROVIDING
11 ENFORCEMENT PROCEDURES, INCLUDING NOTICE, APPEAL
12 HEARINGS, PENALTIES, IMPOSITION OF ADMINISTRATIVE
13 CHARGES AND COLLECTION; PROVIDING FOR EXCEPTIONS;
14 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
15 PROVIDING AN EFFECTIVE DATE.
16
17 WHEREAS, the City of Boynton Beach ("City") is located in a high density traffic area
18 and regularly experiences traffic incidents related to the failure of motorists to obey duly erected
19 traffic control devices, which exposes its citizens to the dangers of personal injury and property
20 damage; and
21 WHEREAS, the City Commission is concerned with the inability to sufficiently enforce
22 the state statute prohibiting running of red lights, due mainly to the requirement that enforcement
23 of the state statute requires the personal observation of police officers, affecting the ability to
24 effectively reduce the significant dangers presented to motorists and pedestrians by the failure to
25 stop for a red light; and,
26 WHEREAS, the use of unmanned cameras to enforce toll violations on the state's toll
27 roads has been determined to be fair, reasonable and sufficient by the State of Florida in order to
28 effectively enforce laws regulating the payment of tolls without the need to commit the extreme
29 -amOlLf1t of personnel that ''''auld be necessary without the use of UllillanIled carl1cras; and,
Page 1 of 11
1 WHEREAS. similarly. the use of unmanned cameras will be effecti\e in enforcm~ ::':1\\5
") requiring vehicles to stop for red lights; therefore freeing City police personnel to respond tn other
, , and sometimes more, significant incidents as well as serious crime; and.
_1
4 WHEREAS, local governments in different parts of the state and country have
5 demonstrated the enhancement of vehicular and pedestrian traffic safety attributable to the
6 integration of automated image capture technologies with traditional traffic la\\ enforcement
7 methodology; and
8 WHEREAS, S 316.008. Florida Statutes. grants municipalities, with respect to streets and
9 highways under their jurisdiction and within the reasonable exercise of police power. authority to
10 regulate and monitor traffic by means of police officers and security devices: and
11 WHEREAS, the City of Boynton Beach has home rule authority pursuant to Article VII.
12 Section 2 of the Florida Constitution and Chapter 166, Florida Statutes. to enact an ordinance
13 making the failure to stop for a red light indication a violation of the City' s Code of Ordinances.
14 and to provide for enforcement of such violations of the City.s Code of Ordinances through the
15 use of Special Magistrates; and.
16 WHEREAS, Attorney General Opinion 05-41. dated July 12. 2005. confim1s the
17 authority of a City to enact an ordinance making the failure to stop at a red light indication a
18 violation of a City's Code of Ordinances. to use unmanned cameras to monitor intersectiom for
19 such violations of the Cit(s Code. and to record the license tag numbers of vehicles invohi.:d in
20 such violations; and,
21 II WHEREAS, the Attorney General has opined that a City may not issue traffic citations
")") under the State Statutes to drivers for violations observed bv the use of unmanned cameras and
"), not otherwise observed by police officers: and.
--'
Page 2 of 11
I
I
I
I
i
1 WHEREAS, in order to be consistent with state law and the Attorney General's Opinion,
2 the City will issue City Notices of Violations to registered owners of vehicles, will not utilize the
3 uniform traffic citation prescribed by Chapter 316, and will not prosecute offenses of its City
4 ordinance through county court, but rather through the City's enforcement program; and,
5 WHEREAS, the City Commission finds it to be fair and reasonable to use the same
6 procedure used by the state to enforce toll violations through unmanned cameras, and to provide
7 alleged violators with the opportunity to have a hearing within the City using the City's code
8 enforcement procedures adopted pursuant to Chapter 162, Florida Statutes, and set forth in
9 Chapter 2, Article V, of the City's Code of Ordinances; and,
10 WHEREAS, the City Commission of the City of Boynton Beach finds that
11 implementation of the enforcement program as set forth herein will promote, protect and improve
12 the health, safety and welfare of its citizens, consistent with the authority of and limitations on the
13 City pursuant to the Florida Constitution and Florida statutes; now, therefore
14 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
15 BEACH, FLORIDA:
16 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
17 being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
18 Section 2. Chapter 14.5 of the Code of Ordinances of the City of Boynton Beach,
19 entitled Boynton Beach Dangerous Intersection Safety Act, shall be created to read as follows:
20 Chapter 14.5: Bovnton Beach Dangerous Intersection Safety Act.
21
22 ~ 14.5-1 Intent.
23
24 The purpose of this Act is to authorize the use of a unmanned cameras/monitoring system
25 to promote compliance with red light signal directives as proscribed by this Act, and to adopt a
26 civil enforcement system for red light signal violations. This Act will also supplement law
Page 3 of 11
1 enforcement personnel in the enforcement of red liQ.ht sig:nal violations and shall not prohlbl1l<m
'1 enforcement officers from issuing a citation for a red light sig:nal violation in accordapcc \\l1h
-
" normal statutory traffic enforcement techniques.
.J
4
5 ~ 14.5-2 Use of lmag:e Capture Technologies.
6
7 The Citv shall utilize image capture technologies as a supplemental means of monitoring:
8 compliance with laws related to traffic control signals, while assisting law enforcement personnel
9 in the enforcement of such laws, which are designed to protect and improve public health. safety
10 and welfare. This Section shall not supersede. infring:e. curtail or impinge upon state laws related
11 to red light signal violations or conflict with such laws. The City shall utilize image capture
12 technologies as an ancillary deterrent to traffic control signal violations and to thereby reduce
13 accidents and iniuries associated with such violations. Notices of Infractions issued pursuant to
14 this Act shall be addressed using: the Citv's own Special Magistrates and not uniform traffic
15 citations or county courts.
16
17 S14.5-3 Definitions.
18
19 The following definitions shall apply to this Act:
20
21 J.ill Intersection shall mean the area embraced within the prolongation or connection
22 ofthe lateral curb line: or, if none. then the lateral boundary lines. ofthe roadwavs
23 of two roads which ioin or intersect one another at, or approximately at. right
24 angles: or the area within which vehicles traveling upon different roads joining at
25 any other angle may come in conflict.
26
27 (b) 1\10for vehicle shall mean anv self-propelled vehicle not operated upon rails or
28 guidewav. but not including any bicvcle. motorized scooter. electric personal
29 assisted mobility device. or moped.
30
31 1.0 Notice oOnfracfion shall mean a citation issued for a red zone infraction.
"''l
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"" @ OwnedJ 'ehicle Owner shall mean the person or entity identified bv the Florida
J.J
34 Department of Motor Vehicles, or other state vehicle registration office. as the
35 registered owner of a vehicle. Such term shall also mean a lessee of a motor
36 vehicle pursuant to a lease of six months or more.
37
38 W- Recorded Imazes shall mean images recorded by a tratlic control siQ:nal
39 monitoring svstem/device:
40
41 I. 1. On:
4'1 Tyvo or more photoQranhs. or
43 Two or more electronic images; or
44 Two or more digital images. or
45 Digital or Video movies: or
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1 Any other medium that can display a violation ; and
2
3 2. Showing the rear of a motor vehicle and on at least one image, clearly
4 identifying the license plate number of the vehicle.
S
6 ill Red Zone Infraction shall mean a traffic offense whereby a traffic control signal
7 monitoring system established that a vehicle entered an intersection controlled by
8 a duly erected traffic control device at a time when the traffic control signal for
9 such vehicle's direction oftravel was emitting a steady red signal.
10
11 {g} Soecial Mm:dstrate shall mean the City's Special Magistrates appointed by the City
12 Commission to conduct appeals hearings pursuant to the Act.
13
14 ih2 Tra(fic Control Signal shall mean a device exhibiting different colored lights or
15 colored lighted arrows. successively one at a time or in combination. using only
16 the colors green, vellow, and red which indicate and apply to drivers of motor
17 vehicles as provided in Florida Statutes 9 316.075.
18
19 ill Traffic Control Signal Monitoring System/Device shall mean an electronic system
20 consisting of one or more vehicle sensors, working in conjunction with a traffic
21 control signal, still camera and video recording device, to capture and produce
22 recorded images of motor vehicles entering an intersection against a steady red
23 light signal indication.
24
25 ~ 14.5-4 Adherence to Red Light Traffic Control Signals.
26
27 Motor vehicle traffic facing a traffic control signal's steady red light indication shall stop
28 before entering the crosswalk on the near side of an intersection or , if none, then before entering
29 the intersection and shall remain standing until a green indication is shown on the traffic control
30 signal; however, the driver of a vehicle which is stopped at a clearly marked stop line. but if none,
31 before entering the crosswalk on the near side of the intersection or, if none, then at the point
32 nearest the intersecting roadway where the driver has a view of approaching traffic on the
33 intersecting roadway before entering the intersection in obedience of a steady red traffic control
34 signal, may make a right turn (unless such turn is otherwise prohibited by posted sign or other
35 traffic control device but shall ield ri ht-of-wa to edestrians and other traffic roceedin as
36 directed by the traffic control signal at the intersection.
37
38 ~14.5-5 Violation.
39
40
41
42
43
44 ~ 14.5-6 Sixty (60) day notice; introductory period.
45
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1 F or the first sixty ( 60) davs after the initial camera becomes operational undel:J!2J_?
., Ordinance. unless the driver of a vehicle received a citation from a police otTicer at the timegL~
~
3 Red Zone Infraction in accordance with normal traffic enforcement techniques. the vehicle g~~ll~
4 shall receive a courtesy notice of the violation. Commencing sixtv (60) davs after the initial
5 camera becomes operationaL the vehicle owner is subiect to the enforcement proYISLQIl as
6 provided herein.
7
8 ~14.5-7 Review of Recorded Images.
9
10 ill The owner of the vehicle which is observed bv Recorded Imafles committinQ a
1 I Red Zone Infraction. shall be issued a Notice ofInfraction. The Recorded Ima2e
12 shall be sufficient grounds to issue a Citv Notice of Infraction.
13
14 ilil The City shall designate a Traffic Control Infraction Review Officer, who shall
15 meet the qualifications set forth in ~316.640(5)(A), Florida Statutes. or any other
16 relevant statute. The Traffic Control Infraction Review Officer shall review
17 Recorded Images prior to the issuance of a Notice of Violation/Infraction to
18 ensure accuracv and the integritv of the Recorded Images. The Traffic Control
19 Infraction Officer shall also verin' that the Traffic Control Monitoring,
20 System/Devices which captured the Recorded Images was functioning properlv at
21 the time the Recorded Images were captured. Once the Traffic Control Infraction
22 Review Officer has verified the accuracy of the Recorded Images and
.," functionality of the Traffic Control Monitoring Svstem/Devices. he or she shall
~:>
24 complete a report. and a Notice of Violation/Infraction shall be sent to the Vehicle
25 Owner at the address on record with the Florida Department of Hi2hwav Safety
26 and Motor Vehicles.
27
28 S 14.5-8 Notice of Violation/Infraction.
29
30 The Notice of Violation/Infraction shall include:
31 ill The name and address of the vehicle owner:
"; ilil The license plate number and re2istration number of the vehicle:
:>-
"" W The make. modeL and year of the vehicle:
:>:>
34 @ Notice that the violation charged is pursuant to this Act:
" - W The location of the intersection where the violation occurred:
-))
36 ill The date and time of the red zone infraction:
37 W Notice that the Recorded Ima2es relating to the vehicle and a statement that the
38 recorded images are evidence of a red zone infraction:
Page 6 of 11
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1 ilil The civil penalty imposed;
2 i) Images depicting violation:
3 ill The procedures for payment of the civil penalty and contesting the notice of
4 infraction;
5 lli1 A signed statement by the Traffic Control Infraction Officer that, based on
6 inspection of recorded images, the vehicle was involved in a Red Zone Infraction;
7 ill Information advising the person alleged to be liable under this Section, the manner
8 and time in which liability as alleged in the Notice ofInfraction may be appealed
9 and warning that failure to pay the civil penalty or to contest liability in a timely
10 manner is an admission of liability.
11
12 ~ 14.5-9 Vehicle Owner Responsibilities.
13
14 A Vehicle Owner receiving a Notice ofInfraction may, within twenty one (21) days of the
15 date of the Notice of Infraction:
16
17 fill Pay the assessed civil penalty pursuant to instructions on the notice of infraction;
18 or
19 D2l Request an appeal pursuant with procedures as outlined in this Act;
20
21 The failure to comply with the provisions ofthis Section within twenty one (21 ) days from
22 the date of the Notice ofInfraction shall constitute a waiver of the right to contest the Notice of
23 Infraction and will be considered an admission.
24
25 ~14.5-10 Appeal to Special Magistrate.
26
27 (a) The City Commission shall appoint at least one (1) Special Magistrate to
28 consider appeals under this Chapter.
29
30 (b) The Special Magistrates are authorized to consider appeals under this
31 Chapter within twenty one (21 ) days of the date of the Notice of Infraction. the Vehicle
32 Owner may file an appeal with the City pursuant to the directions in the Notice of
33 Infraction. A hearing on the appeal shall be scheduled for all appeals except those in
34 which the Vehicle Owner submits an affidavit pursuant to ~ 14.5.11 in which the Vehicle
35 Owner affirms under penalty of perjury that the vehicle was not under his or her care,
36 custody or control, or that of someone with Vehicle Owner's consent.
37
38 . . (c) Upon receipt of the appeal, the City shall schedule a hearing before the
39 Special Magistrate to occur not later than sixty (60) days after City's receipt ofthe appeal.
40 Notice of Hearing shall be provided to the Vehicle Owner no less than ten (0) davs prior
Page 7 of 11
1 to the hearing. and shall be provided bv certified and C.S. mail to Jhe same adQ[t:~~tu
'i \vhich the Notice of Infraction was sent.
-
"
_1
4 @ The following. shall be permissible grounds for an appeal.;
5
6 ill At the time of the infraction, the vehicle was not under the care.
7 custodv" or control of the Vehicle Owner or an individual with
8 Vehicle Owner" s consent. established pursuant to affidavit as
9 provided in S 14.5-11 ~
10
11 ilil The motor vehicle driver was issued a citation bv a lavv
12 enforcement officer. which was separate and distinct from the
13 citation issued under this Section. for violating the steadv red
14 traffic control sirrnaL
15 ( iii ) The motor vehicle driver was required to violate the steady red
16 traffic control signal in order to comply with other governing laws:
17 iliJ The motor vehicle driver was required to violate the steadv red
18 traffic control signal in order to reasonably protect the property or
19 person of another:
20 f.:Yl The steady red traffi c control signal was inoperable or
21 malfunctioninfl~ or
22 LW Any other reason the Special Mag:istrate deems appropriate.
23
24
')~ ill The Traffic Control Infraction Review Officer shall testify at the appeal.
.:..)
26 Then. the Vehicle Owner may present testimony and evidence.
27
28 ill Recorded Images indicating a Red Zone Infraction. verified by the Traffic
29 Control Infraction Review Officer. are admissible in any proceeding before the Citv. s
30 Special Magistrate to enforce the provisions of this Chapter. and shall constitute prima
31 facie evidence of the violation.
,,')
j~
"" {g} Unless an affidavit is provided pursuant to ~ 14.5-11. it is presumed the
.:U
34 person reg:istered as the vehicle owner with the Florida Department of Motor Vehicles or
,,~ any other state vehicle registration office, or an individual having: the owner's consent.
.))
36 was operating the vehicle at the time of a Red Zone Infraction.
37
38 II ~14.5-11 Vehicle Owner Affidavit of Non-responsibilitv.
~9
40 In order to for the Vehicle Owner to establish that the motor vehicle was at the time of the
41 ed Zone Infraction. in the care. custody" or control of another erson without the consent of the
42 eaistered owner. the Vehicle Owner is re uired. within twentv one 21 davs from the date listed
Page 8 of 11
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1 on the Notice ofInfraction, to furnish to the City, an affidavit setting forth the circumstances
2 demonstrating that the motor vehicle was not in the Vehicle Owner's care custody or control, or
3 that of a person with Vehicle Owner's consent. The affidavit must be executed in the presence of
4 a notary, and include:
5
6 (ill Ifknown to the Vehicle Owner, the name. address. and the driver license number
7 of the person who leased, rented or otherwise had care, custody. or control of the
8 motor vehicle at the time of the alleged Red Zone Infraction: or
9
10 ili} If the vehicle was stolen, the police report indicating the vehicle was stolen at the
11 time of the alleged Red Zone Infraction.
12 W The following language immediately above the signature line: "Under penalties
13 of periury. I declare that I have read the foregoing affidavit and that the facts
14 stated in it are true."
15
16 Upon receipt of an affidavit pursuant to this section, any prosecution of the Notice of Infraction
17 issued to the vehicle owner shall be terminated.
18
19 ~ 14.5-12 Penalties.
20
21 A violation of this Act shall be deemed a non-criminal, non-moving violation for which a
22 civil penalty in the amount of $ 125.00 shall be assessed. As the violation relates to this Act and
23 not the State Statutes. no points as provided in ~ 322.27, Florida Statutes, shall be recorded on the
24 driving record of the vehicle owner or responsible party.
25
26 ~ 14.5-13 Administrative Charges.
27
28 In addition to the assessment pursuant to ~ 14.5-12 herein, administrative charges may be
29 assessed in the event of an appeal or the necessitv to institute collection procedures.
30
31 ~14.5-14 Collection of Fines.
32
33 The City may establish procedures for the collection of a penalty imposed herein, and may
34 enforce such penalty by civil action in the nature of debt.
35 ~14.5-15 Exceptions.
36 This Act shall not apply to Red Zone Infractions involving vehicle collisions or to
37 any authorized emergency vehicle responding to a bona fide emergency: nor shall a Notice
38 ofInfraction be issued in any case where the operator of the vehicle was issued a citation
39 for violating the state statute regarding the failure to stop at a red light indication.
40
Page 9 of 11
1 Section 3. Severability. Ifany section. sentence. clause. or phrase of this Ordinal1,xi~
'! held to be invalid or unconstitutional by any court of competent jurisdiction. then said holding
3 shall in no way affect the validity of the remaining portions of this Ordinance
4 Section 4. Inclusion in Code. It is the intention of the City Commission of the Cil\ of
5 Boynton Beach. Florida. that the provisions ofthis Ordinance shall become and be made a part of
6 the City of Boynton Beach Code of Ordinances: and that the sections of this ordinance ma\ be
7 renumbered or relettered and the word "ordinance" may be changed to "section." "article," or such
8 other appropriate word or phrase in order to accomplish such intentions.
9 [REMAINDER OF PAGE INTENTlONALL Y BLANK]
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1 Section 5. Effective Date. This Ordinance shall become effective upon adoption by the
2 City Commission.
", 11 (' (7)/ ;: ( 1 - , 2008.
3 FIRST READING this :XA/,(J day of
4 SECOND, FINAL READING AND PASSAGE this _ day of ,2008.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor - Jerry Taylor
11
12
13 Vice Mayor - Jose Rodriguez
14
15
16 Commissioner - Ronald Weiland
17
18
19 Commissioner - Woodrow L. Hay
20
21
22 Commissioner - Marlene Ross
23 ATTEST:
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
Page 11 of 11
SAMPLE VENDOi<. '.;ONTRAC'l
AGREEMENT BETWEEN THE CITY OF BOY~TON BEACH
AND_AMERICAN TRAFFIC SOLUTIONS FOR
TRAFFIC SAFETY CAMERA PROGR/\M
This Agreement (this "Agreement") is made as of this _ day of August. 2008 by and between
American Traffic Solutions, LLC., a Delaware Corporation, licensed to do business in Florida,
with offices at 7681 E Gray Road, Scottsdale, Arizona 85254 ("Vendor"), and The City (1:'
Boynton Beach, a Florida municipal corporation, with an address at 100 E Boynton Beach
Boulevard, Boynton Beach, Florida (the "City..)
RECIT ALS
WHEREAS, Vendor has exclusive knowledge, possession and ownership of certain equipment,
licenses, applications, and Notice of Infraction processes related to the digital photo red light
enforcement systems provided by Vendor pursuant to this Agreement; and
WHEREAS, the City Commission of the City adopted Ordinance . which authorizes the
City's Traffic Safety Camera Program (TSCP) and provides for the implementation and
operation of such; and,
WHEREAS, theCity desires to engage the services of Vendor to provide certain equipment
processes and back office services so that Authorized Employees of the City are able to monitor.
identify and enforce red light running Infractions;
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other
valuable consideration received, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
AGREEMENT
1.0 Definitions. All definitions set forth in Ordinance are incorporated herein. In addition.
the following words and phrases shall have the following meanings in this Agreement:
1.1. "Authorized Employee" means the Traffic Control Infraction Revie\\l Officer. \\Those
duties and qualifications are set f01ih in the City Ordinance.
1.2. "Authorized Infraction" means each Potential Infraction in the Infraction Data for which
authorization to issue a Notice of Infraction in the fon11 of an Electronic Signature ic;
given by the Authorized Employee by using the Vendor System.
1.3. "City Ordinance" means Ordinance, as may be amended from time to time.
1.4. "Civil F~~" means the fee assessed for violations of the City Ordinance, as set forth in the
Ordinance.
Page 1 of 30
1.5. "Confidential or Private Information" means, with respect to any Person, any
information, matter or thing of a secret, confidential or private nature, whether or not so
labeled, which is connected with such Person's business or methods of operation or
concerning any of such Person's suppliers, licensors, licensees, City's or others with
whom such Person has a business relationship, and which has current or potential value
to such Person or the unauthorized disclosure of which could be detrimental to such
Person, including but not limited to:
1.5.1. Matters of a business nature, including but not limited to information relating
to development plans, costs, finances, marketing plans, data, procedures,
business opportunities, marketing methods, plans and strategies, the costs of
construction, installation, materials or components, the prices such Person
obtains or has obtained from its clients or City's, or at which such Person sells
or has sold its services; and
1.5.2. Matters of a technical nature, including but not limited to product information,
trade secrets, know-how, formulae, innovations, inventions, devices,
discoveries, techniques, formats, processes, methods, specifications, designs,
patterns, schematics, data, access or security codes, compilations of
information, test results and research and development projects. For purposes
of this Agreement, the term "trade secrets" shall mean the broadest and most
inclusive interpretation of trade secrets.
1.5.3. Notwithstanding the foregoing, Confidential Information will not include
information that: (i) is a public record, and not otherwise exempt, pursuant to
Florida law; (ii) was generally available to the public or otherwise part of the
public domain at the time of its disclosure, (iii) became generally available to
the public or otherwise part of the public domain after its disclosure and other
than through any act or omission by any party hereto in breach of this
Agreement, (iv) was subsequently lawfully disclosed to the disclosing party
by a person other than a party hereto, (v) was required by a court of competent
jurisdiction to be described, or (vi) was required by applicable state law to be
described.
1.6. "Designated Intersection" means the Intersections, as that term is defined in the City
Ordinance, set forth on Exhibit "A" attached hereto, and such additional Intersections, as
Vendor and the City shall mutually agree from time to time through the parties' Project
Managers.
1.7. "Electronic Signature" means the method through which the Authorized Employee
indicates his or her approval of the issuance of a Notice of Infraction in respect of a
potential Infraction using the Vendor System.
1.8. "Enforcement Documentation" means the necessary and appropriate documentation
related to the enforcement of Red Zone Infractions, as defined in the City Ordinance,
including but not limited to warning letters, Notices ofInfraction (using the specifications
of the hearing officer ( also known as code enforcement Special Master) and the City, a
Page 2 of 30
numbering sequence for use on all notices (111 accordance with applicable state statUTc"
and the City's Ordinance). instructions to accompany each issued Notice of Infractll)!'
(including in such instructions a description of basic enforcement procedures. paymen'
options and infonnation regarding the viev..-ing of images and data collected h~ !II,
Vendor System), chain of custody records, criteria regarding operational poliCIes III'
processing Notices of Infraction (including v/ith respect to coordinating with 1
applicable vehicle registry), and technical support documentation for applicable hearln~
officers _
1.9. "Equipment" means any and all cameras, sensors, equipment, components, products.
software and other tangible and intangible property relating to the Vendor Photo Red
Light System(s), including but not limited to all camera systems, housings. sensor arrays.
severs and poles.
1.10. "Governmental Authority" means any domestic or foreign government, governmentai
authority, court, tribunal, agency or other regulatory, administrative or judicial agenc::.
commission or organization, and any subdivision, branch or department of any of the
foregoing.
1.11. "Infraction" means any Infraction of the City's Ordinance.
1.12. "Infractions Data" means the images and other Infractions data gathered by the Vendor
System at the Designated Intersection.
1.13. "Installation Date of the TSCP" means the date on which Vendor completes the
construction and installation of at least one ( 1) Intersection in accordance with the terms
of this Agreement so that such Intersection is operational for the purposes of functioning
with the TSCP.
1.14. "Intellectual Property" means, with respect to any Person, any and all nmv known or
hereafter known tangible and intangible (a) rights associated with works of authorship
throughout the world, including but not limited to copyrights, moral rights and mask.
works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights. (d)
patents, designs, algorithms and other industJial property rights, (e) all other intellectual
and industrial property rights (of every kind and nature), whether arising by operation oj
law, contract, license, or otherwise, and (f) all registrations, initial applications, rene\vals.
extensions, continuations, divisions or reissues hereof now or hereafter in forc\..'
(including any rights in any of the foregoing), of such Person. consistent with th\:'
definition of such tem1S in Florida Statutes.
1.15. "Notice of Infraction" shall mean the Notice of an Infraction, which is mailed or
otherwise delivered by Vendor to the alleged violator on the appropriate Enforcement
Documentation in respect of each Authorized Infraction pursuant to the requirements ot
the City Ordinance.
1.16. "Operational Period" means the period of time during the Term, commencing on the
Installation Date, during which the TSCP IS functional 111 order to pem1it the
Page 3 of 30
identification and the issuance of Notices of Infraction for approved Infractions using the
Vendor System.
1.17. "Ordinance" shall mean City of Boynton Beach Ordinance, as may be amended from
time to time.
1.18. "Person" means a natural individual, company, Governmental Authority, partnership,
firm, corporation, legal entity or other business association.
1.19. "Project Manager" means the project manager appointed by the City in accordance with
this Agreement, which shall be the City Manager, or his designee and shall be
responsible, on behalf of City, for overseeing the installation at the Designated
Intersections and the implementation of the TSCP, and which manager shall have the
power and authority to make management decisions relating to the City's obligations
pursuant to this Agreement, including but not limited to change order authorizations,
subject to any limitations set forth in the City's Charter or Ordinance or by the City
Commission.
1.20. "Potential Infraction" means, with respect to any motor vehicle passing through a
Designated Intersection, the data collected by the Vendor System with respect to such
motor vehicle, which data shall be processed by the Vendor System for the purposes of
allowing the Authorized Employee to review such data and determine whether a Red
Zone Infraction has occurred.
1.21. "Proprietary Property" means, with respect to any Person, any written or tangible
property owned or used by such Person in connection with such Person's business,
whether or not such property is copyrightable or also qualifies as Confidential
Information, including without limitation products, samples, equipment, files, lists,
books, notebooks, records, documents, memoranda, reports, patterns, schematics,
compilations, designs, drawings, data, test results, contracts, agreements, literature,
correspondence, spread sheets, computer programs and software, computer print outs,
other written and graphic records and the like, whether originals, copies, duplicates or
summaries thereof, affecting or relating to the business of such Person, financial
statements, budgets, projections and invoices.
1.22. "Vendor Marks" means all trademarks registered in the name of Vendor or any of its
affiliates, such other trademarks as are used by Vendor or any of its affiliates on or in
relation to TSCP at any time during the Term this Agreement, service marks, trade names,
logos, brands and other marks owned by Vendor, and all modifications or adaptations of
any of the foregoing.
1.23. "Vendor Proiect Manager" means the project manager appointed by Vendor in
accordance with this Agreement, which project manager shall initially be named by the
Vendor within 14 days of the execution of this Agreement or such person as Vendor shall
designate by providing written notice thereof to the City from time to time, who shall be
responsible for overseemg the construction and installation of the Designated
Intersections and the implementation the TSCP, and who shall have the power and
Page 4 of 30
authority to make management deci sions relating to Vendor's ab ligations pursuant I (l till'
.''\greement. including but not limited to change-order authorizations.
1.24. "Traffic Safety Camera Program" means, collectively, the TSCP provided by Vendar and
all of the other equipment, applications. back office processes and digital red light trafj~ I,
enforcement cameras, sensors, components. products, software and other tangible and
intangible property relating thereto.
1.25. "Traffic Safety Camera Program" means the process bv which the monitonng.
identification and enforcement ofInfractions of the Red Zone Infractions is facilitated b\
the use of certain equipment, applications and back office processes of Vendor, including
but not limited to cameras, flashes, central processing units, signal controller interface~
and sensor arrays which, collectively, are capable of identifying Infractions and recording
such Infraction data in the form of photographic images of motor vehicles.
1.26. "Photo Red Light Infraction Criteria" means the standards and criteria by which Potential
Infractions will be evaluated by Authorized Employees of the City, which standards and
criteria shall include, but are not limited to, the definition of a Red Zone Infraction set
forth in the City Ordinance. relying upon the duration of time that a traffic light must
remain red prior to a Infraction being deemed to have occUlTed, and the location(s) in an
intersection which a motor vehicle must pass during a red light signal prior to being
deemed to have committed a Infraction, all of which shall be in compliance \vith all
applicable laws, rules and regulations of Governmental Authorities.
1.27. "Traffic Signal Controller Boxes" means the signal controller interface and detector.
including but not limited to the radar or video loop, as the case may be.
1.28. "Waming Period" means the period of thirty (30) days after the Installation Date of thl'
first intersection approach, as set by the Ordinance.
2.0 Term. The tem1 of this Agreement shall commence as of the Jate hereof and shall
continue for a period of five (5) years after the date of the first paid notice from the first
installed System (the "Initial Tem1"). The City shall have the right, but not the
obligation, to extend the tem1 of this Agreement for up to two (2) additional, five (5) year
periods following the expiration of the Initial Tem1 (each, a "Renewal Tem1" and
collectively with the lnitial Tenn, the Wrenn"). The City may exercise the right to extend
the tenn of this Agreement for a Renewal Term by providing written notice to Vendor
not less than sixty (60) days prior to the last day of the Initial Te1111 or the Renewal Terrn.
as the case may be.
3.0 Services. Vendor shall provide the TSCP to the City, in each case in accordance \v1th the
tem1S and provisions of the Ordinance.
3.1. Installation. With respect to the construction and installation of the Designated
Intersection and the installation oiihe Vendor System at such Designated Intersection: the
City and Vendor shall have the respective rights and obligations set forth on Exhibit "B.'
attached hereto.
Page 5 of 30
3.2. Maintenance. With respect to the maintenance of the Vendor System at the
Designated Intersections, the City and Vendor shall have the respective rights and
obligations set forth on Exhibit "C "attached hereto.
3.3. Infraction Processing. During the Operational Period, Infractions shall be processed
as set forth on Exhibit" D", attached hereto.
3.4. Prosecution. The City shall prosecute Ordinance violations in respect thereof
pursuant to the terms, procedures and requirements of the City Ordinance, subject to
City's routine law enforcement discretion.
3.5. Other Rights and Obligations. During the Term, in addition to all of the other rights and
obligations set forth in this Agreement, Vendor and the City shall have the respective
rights and obligations set forth on Exhibit "E" attached hereto.
3.6. Change Orders. The City may from time to time request changes to the work required to
be performed or the addition of products or services to those required pursuant to the
terms of this Agreement by providing written notice thereof to Vendor, setting forth in
reasonable detail the proposed changes (a "Change Order Notice"). Upon Vendor's
receipt of a Change Order Notice, Vendor shall deliver a written statement describing the
effect, if any, the proposed changes would have on the terms set forth in Exhibit" E "
(the "Change Order Proposal"), which Change Order Proposal shall include (i) a detailed
breakdown of the charge and schedule effects, (ii) a description of any resulting changes
to the specifications and obligations of the parties, (iii) a schedule for the delivery and
other performance obligations, and (iv) any other information relating to the proposed
changes reasonably requested by the City. Following the City's receipt of the Change
Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule
for implementation of the proposed changes, the time, manner and amount of payment or
price increases or decreases, as the case may be, and any other matters relating to the
proposed changes. Any failure of the parties to reach agreement with respect to any of
the foregoing as a result of any proposed changes shall not be deemed to be a breach of
this Agreement, and any disagreement shall be resolved in accordance with Section 16.0.
4.0 License; Reservation of Rights.
4.1. License. Subject to the terms and conditions of this Agreement, Vendor hereby
grants the City, and the City hereby accepts from Vendor upon the terms and conditions
herein specified, a non-exclusive, non-transferable license during the Term of this
Agreement to: (a) solely within the City, access and use the Vendor System for the sole
purpose of reviewing Potential Infractions and authorizing the issuance of Notices of
Infraction pursuant to the terms of this Agreement, and to print copies of any content
posted on the Vendor System in connection therewith, (b) disclose to the public
(including outside of the City) that Vendor is providing services to the City in connection
with TSCP pursuant to the tenus of this Agreement, and (c) use and display the Vendor
Marks on or in marketing, public awareness or education, or other publications or
materials relating to the TSCP, so long as any and all such publications or materials are
approved in advance by Vendor.
Page 6 of 30
4.2. Reservation of Rights. The City hereby acknowledges and agrees that: (a) VendOl :;
the sole and exclusive o\vner of the Vendor System, the Vendor Marks. all ]nte]Jectllai
Propel1y arising from or relating to the Vendor System. and an\' and all I'c'latcd
Equipment provided under this Agreement. (b) the City neither has nor makes any l'i:11111
to any right, title or interest in any of the foregoing, except as specifically granted (\
authorized under this Agreement. and (c) bv reason of the exercise of anv such rik;hb \."
0...- _ - "-
interests of City pursuant to this Agreement. the City shall gain no additional right. lit j,
or interest therein.
4.3. Restricted Use. The City hereby covenants and agrees that it shall not (a) make a11\
modifications to the Vendor System, including but not limited to any Equipment. (b) alter.
remove or tamper with any Vendor Marks, (c) use any of the Vendor Marks in any \\<1\
which might prejudice their distinctiveness, validity or the goodwill of Vendor therein.
(d) use any trademarks or other marks other than the Vendor Marks in connection with
the City's use of the Vendor System pursuant to the terms of this Agreement without first
obtaining the prior consent of Vendor, or (e) disassemble. de-compile or otherwise
perform any type of reverse engineering to the Vendor System, the Vendor System
including but not limited to any Equipment, or to any, Intellectual Property or Proprictan
Property of Vendor, or cause any other Person to do any of the foregoing.
4.4. Protection of Rights. Vendor shall have the right to take whatever action it deems
necessary or desirable to remedy or prevent the infringement of any Intellectual Propert)
of Vendor, including without limitation the filing of applications to register as trademarks
in any jurisdiction any of the Vendor Marks, the filing of patent application for any of the
Intellectual Property of Vendor, and making any other applications or filings with
appropriate Governmenta] Authorities. The City sha]1 not take any action to remedy m
prevent such protective activities, and shall not in its O\\ln name make any registrations 01
filings with respect to any of the Vendor Marks or the Intellectual Property of Vendor
without the prior written consent of Vendor.
4.5. Infringement. The City shall use its reasonable best effOlis to give Vendor prompt
notice of any activities or threatened activities of any Person of which it becomes a\varc
that infringes or violates the Vendor Marks or any of Vendor's Intellectua] Property or
that constitute a misappropriation of trade secrets or act of unfair competition that might
dilute, damage or destroy any of the Vendor Marks or any other Intellectual Property ot
Vendor. Vendor shall have the exclusive right, but not the obligation, to take action tll
enforce such rights and to make settlements with respect thereto.
4.6. Infrin~ing Use. The City shall give Vendor prompt written notice of any action or
claim action or claim, whether threatened or pending, against the City alleging that the
Venuor Marks, or any other Intellectual Property of Vendor, infringes ar violates ally
patent, trademark, copyright trade secret or other Intellectua] Property of any other
Person, and the City shall render to Vendor such reasonable cooperation and assistance as
is reasonably requested by Vendor in the defense thereof; provided, that Vendor sha! 1
reimburse the City for any reasonable costs, including without limitation attorneys fees
and court costs, as well as City staff costs. incurred in providing such cooperation and
aSSIstance. If such a claim is made and Vendar detem1ines in the exercise of its sole
Page 7 of 30
discretion, or a court or administrative proceeding of competent jurisdiction determines,
that an infringement may exist, Vendor shall have the right, but not the obligation, to
procure for the City the right to keep using the allegedly infringing items, modify them to
avoid the alleged infringement or replace them with non-infringing items, all at no cost to
the City. In addition, in such event, the City has the right, but not the obligation, to
terminate this Agreement pursuant to paragraph 6.1.
5.0 Representations and Warranties.
5.1.Vendor Representations and Warranties.
5.1.1. Authority. Vendor hereby warrants and represents that:
5.1.1.1. it has all right, power and authority to execute and deliver this
Agreement and perform its obligations hereunder; and,
5.1.1.2. to the extent legally required, Vendor has all ownership rights,
licenses, or other required authority to use the software and hardware
it installs to perform the services under this Agreement.
5.1.2. Professional Services. Vendor hereby warrants and represents that any
and all services provided by Vendor pursuant to this Agreement shall be
performed in a professional and workmanlike manner and, with respect to
the installation of the Vendor System, subject to applicable law, in
compliance with all specifications provided to Vendor by the City.
5.2. City Representations and Warranties.
5.2.1. Authority. The City hereby warrants and represents that it has all right,
power and authority to execute and deliver this Agreement and perform its
obligations hereunder; provided that Vendor acknowledges that the initial
program is premised on being consistent with the requirements and
authority of state law, applicable attorney general opinions, and the City's
Ordinance, and City cannot and does not warrant the outcome of any
judicial or legislative action that may be taken affecting these authorities
subsequent to the execution of this Agreement.
5.3. Professional Services. The City hereby warrants and represents that any and all
services provided by the City pursuant to this Agreement shall be performed in a
professional and workmanlike manner in City's governmental capacity.
6.0 Termination.
6.1. Termination for Cause: Either party shall have the right to terminate this Agreement
immediately by written notice to the other if (i) state or federal statutes are amended,
or regulations or policies are adopted by agencies with jurisdiction, to prohibit or
materially change the operation of TSCP so as to make it reasonably impractical to
operate the red light enforcement program, including without limitation changes that
Page 8 of 30
'.vould prohibi t the red light enforcement program. or whIch \vould 1I1lPll~,\_
restrictions on revenues and uses that are contrary to the tem1s of this /\greemenL \ I :
any court having jurisdiction over City rules. or declares, that the City.s red IH.:I:!
enforcement program is invalid or results from the Vendor System of photo red ilg1n
enforcement are inadmissible in evidence. or otherwise renders a decision that make>
it reasonably impractical to operate the red light enforcement program: (ili i
detem1ination by a couli of competent jurisdiction or other applicable clispull
resolution forum that Vendor has infringed upon a third party's patent trademark.
copyright, trade secret or other intellectual property: (iv) the other party commits all'
material breach of any of the provisions of this Agreement: (v) Vendor.s Ill111
payment of revenues to City as required by this Agreement. In the event '1
tem1ination due to this Section. City shall be relieved of an) further obligations i'
Vendor other than as specified herein. Either party shall have the right to remedy llh
cause for tern1ination within forty-five (45) calendar days (or within such other tlllk
period as the City and Vendor shall mutually agree. which agreement shall not h,
unreasonably withheld or delayed) after written notice from the non-causmg pan \
setting forth in reasonable detail the events of the cause for termination.
The rights to tern1inate this Agreement given in Section ().l shall be without prejudice to
any other right or remedy of either party in respect of the breach concemed (if anyl UI
any other breach of this Agreement.
6.2 Warning Period. The Ordinance provides for a one time thirty (30) day Warning PerIod.
during which time courtesy notices of infractions, with no civil fees, are used. The
parties hereto acknowledge that this Waming Period will be used to verify the reliability
of the program and the detection of infractions, as well as to monitor anticipated changes
in state law on the subject of camera enforcement of red light infractions. The Waming
Period shall commence on the date the initial camera and t
6.3 Procedures Upon Termination. This section Cd shall apply to the expiration of this
Agreement and to the early tem1ination of the Agreement. The tern1ination of this
Agreement shall not relieve either party of any liability that accrued prior to SLlch
termination. Except as set forth in this Section 6.3. upon the tern1ination of tIllS
Agreement all ofthe provisions ofthis Agreement shall tenninate and:
6.3.1 Vendor shall (i) immediately cease to provide services, including but not limited to work
in connection with the construction or installation activities and services in connection
with the TSCP, (ii) promptly deliver to the City any and all Proprietary Property of the
City provided to Vendor pursuant to this Agreement, (iii) promptly deliver to the City a
final repOli to the City regarding the collection of data and the issuance of Notices L)!
Infraction in such fom1at and for such periods as the City may reasonably request and
which final report Vendor shall update or supplement ii'om time to time when and i I
additional data or infom1ation becomes available, (iv) provide City all data pertaining to
outstanding Civil Fee payments due and owing to City and potential payments due 1"
Vendor, (v) provide City with its proposed schedule for the removal of the Vendor':-,
equipment, at no cost to the City, from the City and once such schedule is approved by
City Vendor shall remove such pursuant to the schedule: and (vi) provide such assistancl'
Page 9 of 30
as the City may reasonably request from time to time in connection with prosecuting and
enforcing Notices of Infraction issued prior to the termination of this Agreement.
6.3.2 The City shall (i), except for pending enforcement cases, immediately cease using the
TSCP, accessing the Vendor System and using any other Intellectual Property of Vendor,
and (ii) promptly deliver to Vendor any and all Proprietary Property of Vendor provided
to the City pursuant to this Agreement, other than such equipment installed by Vendor
along the roadways for the enforcement program.
6.3.3 Unless the City and Vendor have agreed to enter into a new agreement relating to the
TSCP or have agreed to extend the Term of this Agreement, Vendor shall remove any
and all Equipment or other materials of Vendor installed in connection with Vendor's
performance of its obligations under this Agreement, at no cost to City, including but not
limited to housings, poles and camera systems, and Vendor shall restore the Designated
Intersections to substantially the same condition such Designated Intersections were in
immediately prior to this Agreement, except for foundation removal, which shall be left
approximately flush with grade and no exposed rebar, steel or other hazards, at no cost to
City pursuant to the schedule agreed upon by the parties in section 6.3.1..
7.0 Fees to be Paid to Vendor and Payment Processing.
7.]. Vendor shall have the right to receive the compensation set forth on, and pursuant to,
Exhibit F attached hereto.
7.2. Vendor shall be responsible for processing payments of the Civil Fees. The Vendor
shall provide payment means through mail, telephone and on-line processes. Vendor
shall track all payments and handle all applied payments, unapplied payments,
overpayments, refunds, adjustments, dismissals and reversals.
7.3. Vendor shall pay City all payments received during a calendar month, no later than
the ih day of the next following month.
7.4. Vendor shall invoice the City for all applicable fees according to the fee schedule
delineated on Exhibit " F". Along with the invoice, Vendor shall provide
infonnation to the City, in a format acceptable to the City, supporting the invoice
amounts forwarded by Vendor to the City. In addition, City shall have access to the
financial reporting functions of Vendor's system upon City's request.
8.0 Survival. Notwithstanding the foregoing, the parties' obligations shall survive the
termination of the Agreement to the extent necessary to fulfill the parties' accrued
monetary obligations under this Agreement.
9.0 Confidentiality. During the term of this Agreement and for a period of three (3) years
thereafter, neither party shall disclose to any third person, or use for itself in any way for
pecuniary gain, any Confidential Infol1nation learned from the other party during the
course of the negotiations for this Agreement or during the Term of this Agreement,
subject to the obligations and requirements of Florida's public records laws and public
meetings law. Upon termination of this Agreement, each party shall return to the other
Page 10 of30
all tangible Confidential Info1111ation of such party. Each party shall retain 1Il confidvnl
and not disclose to any third party any Confidential 1111' o 1111 ati 011 without the other parI'
express \\Tinen consent, except (a) to its employees who arc reasonably required tn ],1\ '.
the Confidential Info1111ation. (b) to its agents, representatives, atto111eys and i 1t hel
professional advisors that have a need to kno\v such Confidential 1nfo1111ation. pro\lded
that such par1ies undertake in writing (or are otherwise bound by rules of professionai
conduct) to keep such info1111ation strictly confidential. and (c) pursuant to, and to Ihl
extent of. a request or order by any Governmental Authority. including laws relatinu 1,
public records.
10.0 Indemnification and Liabilitv.
10.I. Indemnification - Negligence. The Vendor agrees to defend, indemll1f\
and hold harmless the City, its trustees, elected and appointed officers, agents.
servants and employees, from and against any and all claims, demands, or causes 0 r
action of whatsoever kind or nature, and the resulting losses. costs. expenses.
reasonable attomeys' fees, liabilities, damages, orders, judgments, or decrees
CLosses"), sustained by the City or any third party arising out of. or by reason of. 01
resulting from the Vendor's negligent acts, enol'S, or omissions, except to the extent
such Losses arise from the negligence of the City or City's employees, officers or
agents. In the event that a court of competent jurisdiction detennines that the
provisions of Sec. 725.06, F.S.. and:' or Sec. 725.08 , F.S., apply to this Agreement
then, in such event, Vendor shall defend, indemnify and hold ham1less City and
City's officers. employees and agents only to the fullest extent authorized by said
cited statutes.
10.2. Indemnification - Infringements. The Vendor shall indemnify City for all loss.
damage, expense or liability including. without limitation. court costs and attomeys'
fees that may result by reason of any infringement or claim of infringement of an)
patent trademark, copyright, trade secret or other proprietary right relating tu
services furnished pursuant to this Agreement. The Vendor will defend and/or settle
at its own expense, with legal counsel reasonably acceptable to the City, any action
brought against the City to the extent that it is based on a claim that products ur
services furnished to City by the Vendor pursuant to this Agreement or i [ am
portion of the services or goods related to the perf0l111anCe of the service becomc~
unusable as a result of any such infringement or claim. Any infringement or claim
that renders any portion of the services to be perforn1ed by this agreement to he
unusable, or materially affects the Vendor's Red Light System as functionalh
described herein, shall be grounds for a default of this Agreement.
10.3. The parties recognize that various provisions of this AbJreement, including but not
necessarily limited to this Section, provide for indemnification to be provided by the
Vendor and agree that in the event that the law is construed to require a speci fIC
consideration to be given therefore, the pa11ies therefore agree that the sum of Ten
Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specifIC
consideration for such indemnities, and the providing of such indemnities is deemed tel
be part of the specifications with respect to the services to be provided by Vendor
Page 11 of 30
Furthermore, the parties understand and agree that the covenants and representations
relating to this indemnification provision shall survive the term of this Agreement and
continue in full force and effect as to the Vendor's responsibility to indemnify for
events occurring during the term of this Agreement for a period of not less than five (5)
years after expiration or termination of the Agreement.
lOA In the event that a court of competent jurisdiction or the State of Florida, including any of
its agencies, orders or requires the City to return any payments made for infractions of the City
Ordinance, Vendor shall, at no additional charge, assist City to perform all relevant portions of
any such order, decree, judgment, etc., required to be performed by the City including, but not
limited to, assisting the City to locate each violator so that any ordered reimbursement may be
made.
lO.5 Change in State Law. The parties recognize and acknowledge that it has been reported that
the Florida Legislature is considering various revisions to State Uniform Traffic Laws which, if
enacted, would expressly authorize municipalities to issue traffic infractions through the use of
Red Light Cameras without the necessity of using the code enforcement system, Should the
Florida Legislature enact any law modifying the Uniform Traffic Laws so as to expressly pennit
the TSCP, sections 10.4 and 10.5 shall automatically become void.
10.6 Notice of Claims. If the City or Vendor receives notice of any claim or
circumstances which may give rise to an indemnified loss under this Section 10, the
receiving party shall give written notice to the other party within ten (10) days of receipt.
The notice must include the following:
(a) a description of the indemnification event in reasonable detail,
(b) the basis on which indemnification may be due, and
(c) the anticipated amount of the indemnified loss.
This notice does not estop or prevent the City from later asserting a different basis
for indemnification or a different amount of indemnified loss than that indicated in
the initial notice. If the City does not provide this notice within the ten (10) day
period, it does not waive any right to indemnification except to the extent that
Vendor is directly prejudiced, suffers loss, or incurs expense because of the delay.
11.0 Independent Contractor. This Agreement does not create an employee/employer
relationship between the parties. It is the intent of the parties that the Vendor is an
independent contractor under this Agreement and not the City's employee for all
purposes, including but not limited to, the application of the Fair Labor Standards Act
minimum wage and overtime payments, Federal Insurance Contribution Act, the Social
Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue
Code, the State Workers Compensation Act, and the State unemployment insurance law.
The Vendor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Vendor's activities and responsibilities hereunder provided, further
Page 12 of 30
that administrative procedures applicable to services rendered under this Agreement SII~li I
he those of Vendor. which policies of Vendor shall not connict 'v\ith ('it). or I III
States policies, rules or regulations relating to the use of Vendor's funds provided I,
herein. The Vendor agrees that it is a separate and independent enterprise from the (! t
that it has full opportunity to find other business. that it has made its OW11 investment 1
its business, and that it \vi11 utilize a high 1e\'e! of skill necessary to perform the work
This Agreement shall not be construed as creating any joint employment relationshljl
between the Vendor and the City and the City wi]] not be liable for any obligatIon
inculTed by Vendor, including but not limited to unpaid minimum wages and/or ove11111lC'
premIUms.
12.0 AssiglU11ents; Amendments. This Agreement, or any interest herein, shall not be assigned.
trans felTed or otherwise encumbered, under any circumstances, by either paJ1y, including
without limitations purchases of controlling interest in Vendor or merger, without the prior
written consent of the other party.
It is further agreed that no modification, amendment or alteration in the tem1S or conditions
contained herein shall be effective unless contained in a written document executed with the
same fonnality and of equal dignity herewith.
13.0 No Contingent Fees. Vendor walTants that it has not employed or retained any company 01
person, other than a bona fide employee working solely for the Vendor to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person, company, corporation.
individual or fim1, other than a bona fide employee working solely for Vendor any fee.
commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or Infraction of this provision, the Cit)
shall have the right to terminate the Agreement without liability at its discretion, to <.leducl
from the contract price, or otherwise recover the full amount of such fee. commission.
percentage, gift or consideration.
14.0 Notices. Whenever any party desires to give notice unto any other party, it must be given
by written notice, sent by certified United States mail, with retum receipt requested.
addressed to the party for whom it is intended, at the places last specified, and the places for
giving of notice shall remain such until they shall have been changed by written notice 111
compliance with the provisions of this section. For the present, the VENDOR and the CITY
designate the following as the respective places for giving of notice:
City: Kurt Bressner, City Manager
City of City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, Florida 33425
Phone: (561) 742-6010
Fax: (561) 742-6011
Page 13 of 30
Vendor: American Traffic Solutions, LLC.
7681 E Gray Road
Scottsdale, AZ 85254
Attention: Chief Operating Officer
15.0 Audit Rights. Each of parties hereto shall have the right to audit the books and records of
the other party hereto (the "Audited Party") solely for the purpose of verifying the
payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted
upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually
convenient times and during the Audited Party's normal business hours. Except as
otherwise provided in this Agreement, the cost of any such audit shall be borne by the
non-Audited Party. In the event any such audit establishes any underpayment of any
payment payable by the Audited Party to the non-Audited Party pursuant to this
Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the
event that any such audit establishes that the Audited Party has underpaid any payment
by more than ten percent (10%) of the amount actually owing, the cost of such audit shall
be bome by the Audited Party. In the event any such audit establishes any overpayment
by the Audited Party of any payment made pursuant to this Agreement, non-Audited
Party shall promptly refund to the Audited Party the amount of the excess.
16.0 Dispute Resolution. Upon the occurrence of any dispute or disagreement between the
parties hereto arising out of or in connection with any term or provision of this
Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the
"Dispute"), the parties shall engage in informal, good faith discussions and attempt to
resolve the Dispute. In connection therewith, upon written notice of either party, each of
the parties will appoint a designated officer whose task it shall be to meet for the purpose
of attempting to resolve such Dispute. The designated officers shall meet as often as the
parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If
the parties are unable to resolve the Dispute in accordance with this Section 16.0, and in
the event that either of the parties concludes in good faith that amicable resolution
through continued negotiation with respect to the Dispute is not reasonably likely, then
the parties may mutually agree to submit to binding or nonbinding arbitration or
mediation.
17.0 Binding Authority. Each person signing this 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
to all provisions contained in this Agreement.
18.0 Headings. Headings herein are for the convenience of reference only and shall not be
considered on any interpretation ofthis Agreement.
Page 14 of30
jl). () Exhibits. Each Exhibit refelTed to in th1s /\greement ti:m11s an essential pm1 (o!
A.greement. The exhibits shall be treated as p<.u1 of this Agreement and arc incorpor;lkc:
herein by reference.
20.0 Waiver. Failure of either party to insist upon strict perfol111ance of any covenant (I:
condition of this Agreement, or to execute any right herein contained.. shall not hi
construed as a waiver or relinquishment for the future of any such covenant. condition 01
right. but the same shall remain in full force and effect.
21.0 Legal Representation. It is acknowledged that each party to this Agreement had the
opportunity to be represented by counsel in the preparation of this Agreement an(L
accordingly, the rule that a contract shall be interpreted strictly against the party preparing
same shall not apply herein due to the joint contributions of both parties.
22.0 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
Agreement, and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law, except that this provision shall not be deemed to deprive any party of'
any legal remedy, including tel111ination.
23.0 Insurance.
23.1. Throughout the tenn of this Agreement. the Vendor agrees to maintain in force at
their own expense insurance as fol1ows:
23.1.1. Comprehensive General Liability insurance to cover liability lor
bodily injury and prope11y damage. Exposures to be covered are premises.
operations, products\completed operations, and contractual Iiabi lilv.
Coverage must be written on an occurrence basis, with the fol1owl11g
limits ofliability
A. Bodily Injury/Prope11y Damage
1. Each OcculTence $1,000,000
I Annual Aggregate $1,000,000
B. Personal Injury
1. Annual Aggregate $1,000,000
23.1.2. Worker's Compensation Insurance shal1 be maintained during the Id'c
of this contract to comply with Florida statutory limits for al1 employees.
The following limits must be maintained.
A. Worker's Compensation Statutory
Page 15 of30
B. Employer's Liability $100,000 each accident
$500,000 Disease-policy limit
$100,000 Disease-employee
If Vendor claims to be exempt from this requirement, Vendor shall
provide City proof of such exemption along with a written request for City
to exempt Vendor, written on Vendor letterhead.
23.1.3. Comprehensive Auto Liability - coverage shall include owned, hired
and non-owned vehicles.
A. Bodily Injury and Property Damage combined single limit
1. Each Occurrence $1,000,000
2. Annual Aggregate $1,000,000
23.1.4. Professional Liability - $1,000,000.
23.1.5. Vendor shall name the City as an additional insured on each of the
policies required herein, with the exception of the Vendor's Worker's
Compensation policy and Professional Liability.
23.1.6. Certificates ofInsurance, reflecting evidence of the required insurance,
shall be filed with the City's Risk Manager prior to the commencement of
this Agreement. These Certificates shall contain a provision that
coverage's afforded under these policies will not be canceled or impaired
until at least forty five (45) days prior written notice has been given to the
City. Policies shall be issued by companies authorized to do business
under the laws of the State of Florida. Financial Ratings must not be less
than "A-VI." Insurance shall be in force until the obligations required to
be fulfilled under the terms of the Contract are satisfied. In the event the
insurance certificate provided indicates that the insurance shall terminate
and lapse during the period of this contract, then in that event, the Vendor
shall furnish, at least thirty (30) days prior to the expiration of the date of
such insurance, a renewed certificate of insurance as proof that equal and
like coverage for the balance of the period of the contract and extension
there under is in effect.
23.1.7. Any insurance required of Vendor pursuant to this Agreement must
also be required by any sub-contractor of Vendor in the same limits and
with all requirements as provided herein, including naming the City as an
additional insured, if any work is subcontracted unless such subcontractor
is covered by the protection afforded by the Vendor and provided proof of
such coverage is provided to City. The Vendor and any sub-contractor of
Vendor shall maintain such policies during the term ofthis Agreement.
Page 16 of30
24.0 Governing Law. This Agreement shall be governed by the layvs or the State or Fl()rid~l II!!
venue lying in Miami-Dade County. Florida.
25.0 Extent of Agreement. This Agreement represents the entire and inteb'Tated agreement
between the City and the Vendor and supersedes al1 prior negotiations. representations I l!"
agreements, either written or oral.
26.0 Waiver of Jury Trial. In the event of any litigation between the paIiies which in any \Va~
arises out of this Agreement, the parties hereby agree to waive any right to tlial by jury.
27.0 RFP. Vendor agrees to comply with any provisions of the RFP which are not in connie!
with this Agreement, and to comply with and honor any wlitten representations.
clarifications and exceptions made by Vendor during the RFP process.
28.0 Compliance with Law. Vendor shall comply with all applicable laws in the perfonnance 01
its services hereunder, and represents that it possesses all required licenses and certifications
to perfonn the services.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
first wlitten above.
CITY OF BOYNTON BEACH
ATTEST:
RY:
CITY CLERK KURT BRESSNER, CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
Page 17 of30
VENDOR
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
SECRETARY
STATE OF
: ss:
COUNTY OF
ON THIS _ day of , 2008, before me, the undersigned notary
public, personally appeared , personally known to me, or
who has produced as identification, and is the person
who subscribed to the foregoing instrument and who acknowledged that he executed the same on
behalf of said Corporation and that he was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC
Print or Type Name
My Commission Expires:
Page 18 of 30
EXH IE IT ".A,"
Designated Intersection
Installation of any approach is subject to engineering and video analysis results.
Additional approaches will be selected based on collision history, input and recommendations
from the City's Police Department, and an engineering feasibility assessment. Vendor shall
apply for a pennit within sixty (60) days of the approval of this Agreement by the eit)
Commission.
Vendor will provide the City with video evaluation of candidate sites using the Axsis VTMS
system to assist the City's Police Department in its recommendations.
The program may be implemented at additional intersections after the conclusion of the Warning
Period. The intersections will be designated by the Police Department, which designation will be
based upon Police Department staffreview and an engineering analysis.
Page 19 of30
EXHIBIT "B"
Construction and Installation Obligations
Timeframe for Installation: Traffic Safety Camera Program
Vendor will have each specified intersection installed and activated in phases in accordance with
an implementation plan to be mutually agreed to by Vendor Traffic Systems and the City
Manager.
Vendor will use reasonable commercial efforts to install the system in accordance with the
schedule set forth III the implementation plan that will be formalized upon proj ect
commencement.
Vendor will use reasonable commercial efforts to install and activate all specified intersection
within forty-five (45) days subsequent to receipt of all permits required by section 1.4 of this
Exhibit B.
1. Vendor Obligations. Vendor shall do or cause to be done each of the following (in each case,
unless otherwise stated below, at Vendor's sole expense):
1.1. Appoint the Vendor Project Manager and a project implementation team
consisting of between one (1) and four (4) people to assist the Vendor Project
Manager;
1.2. Request current "as-built" electronic engineering drawings for the Designated
Intersections (the "Drawings") from the County traffic engineer;
1.3. Develop and submit to the City for approval construction and installation
specifications in reasonable detail for the Designated Intersection, including but
not limited to specifications for all radar sensors, pavement loops, electrical
connections and traffic controller connections, as required; and
lA. Seek approval from the relevant Governmental Authorities having authority or
jurisdiction over the construction and installation specifications for the
Designated Intersection (collectively, the "Approvals"), which will include
compliance with City permit applications.
1.5. Seek rights from private property owners, as necessary for the placement of
System Equipment at designated intersections where Governmental Authorities
have jurisdiction over the designated intersection and adjacent rights of right of
way, and such governmental Entity denies authority to Vendor for the installation
of its equipment.
1.6. Finalize the acquisition of the Approvals;
1.7. Submit to the City a public awareness strategy for the City's consideration and
approval, which strategy shall include media and educational materials for the
City's approval or amendment according to the ATS proposal (the "Awareness
Strategy") ;
Page 20 of 30
1.:-;. Develop the Red Light Intl.actlOn Criteria in consultation wIth the ('1\\
1.0. Develop the Enforcement Documentation fl.r approval Iw the CIty. conslstenl
with the requirements of the City Ordinance:
1.10. Complete the installation and testing of all necessary Equipment, incl uding
hardware and software, at tIle Designated Intersections (under tIle supervision 0 t
the City);
1.11. Cause an electrical sub-contractor to complete all reasonably necessary electrical
work at the Designated Intersections, including but not limited to the installation
of all related Equipment and other detection sensors, poles, cab ling.
telecommunications equipment and wiring, which work shall be performed 111
compliance with all applicable local, state and federal laws and regulations;
1.12. Install and test the functionality of the Designated Intersections with the Vendor
System and establish fully operational Infraction processing capability with th<.:
Vendor System;
1.13. Implement the use ofthe Vendor System at each of the Designated Intersections:
1.14. Deliver the Materials to the City:
1.15. Issue Notices of Infraction, and if the civil penalty is unpaid or the alleged
violator requests a hearing, issue Notices of Hearing for Authorized Infractions
pursuant to City Ordinance;
1.16. Obtain access to the records data of the Department of Motor Vehicles 111
Vendor's capacity as needed for the program; and,
1.17. Vendor shall provide training for personnel of the City, including, but not limited
to, the persons who City shall appoint as Authorized Employees and other persons
involved in the administration of the TSCP, regarding the operation of the Vendor
System and the TSCP. Thi s shall include training with respect to the Vendor
System and its operations, strategies for presenting Infractions Data in court and
judicial proceedings and a review of the Enforcement Documentation;
1.18. Interact with court and judicial personnel, including the City's hearing officer to
address Issues regarding the implementation of the Vendor System. the:
development of a subpoena processing timeline that will pennit the offering of
Infractions Data in hearings and judicial proceedings, and coordination between
Vendor, the City and the City's Hearing officer; and
1.19. Provide reasonable public relations resources and media materials to the City 111
the event that the City elects to conduct a public launch of the TSCP.
1.20. Notice of Infraction processing and Notice of Infraction re-issuance, as yvell as
notice of hearing.
Page 2] of 30
2. CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in
each case, unless otherwise stated below, at City's sole expense):
2.1.1. Appoint the Project Manager;
2.1.2. Assist Vendor in obtaining the Drawings from the relevant Governmental
Authorities;
2.1.3. Notify Vendor of any specific requirements relating to the construction and
installation of any Intersection or the implementation of the TSCP;
2.1.4. Assist Vendor in seeking the Approvals
2.1.5. Provide reasonable access to the City's properties and facilities in order to permit
Vendor to install and test the functionality of the Designated Intersections and the
TSCP;
2.1.6. Provide reasonable access to the personnel of the City and reasonable information
about the specific operational requirements of such personnel for the purposes of
performing training;
2.1.7. Seek approval or amendment of Awareness Strategy and provide written notice to
Vendor with respect to the quantity of media and program materials (the
"Materials") that the City will require in order to implement the Awareness
Strategy during the period commencing on the date on which Vendor begins the
installation of any of the Designated Intersection and ending six (6) months after
the Installation Date;
2.1.8. Assist Vendor in developing the Red Light Infraction Criteria; and
2.1.9. Seek approval ofthe Enforcement Documentation.
2.1.10. The City shall, on a form provided by Vendor, provide verification to the State
Department of Motor Vehicles, National Law enforcement Telecommunications
System, or appropriate authority indicating that Vendor is acting as an Agent of
the Customer for the purposes of accessing vehicle ownership data pursuant to the
list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C.
9 2721, Section (b) (1) and as may otherwise be provided or required by any
provision of applicable state law.
2.1.11. If feasible, and only after all necessary approvals have been obtained from
utilities and other governmental entities with jurisdiction, City shall allow Vendor
to access power from existing power sources at no cost to City and shall allow or
facilitate access to traffic signal phase connections to a pull box, pole base, or
controller cabinet nearest to each Camera System within the City's jurisdiction.
2.1.12. The Police Department shall process each potential violation in accordance with
State Laws and/or City Ordinances within seven (7) business days of its
Page 22 of 30
appearance in the Police Revicvv' Oueue. using AxsisTi\! to detelllline \\ 1m!
violations will be issued as Citations or Notices of \'iolation or as soon ,i..,
reasonably practical in the event of technical difficulties. power outages. or uti);.
circumstances beyond the City"s controL or with the consent or approval
V endor for extension.
2.1.13. City shall provide access to the intelllet for the purpose of processing violation:,
and adjudications.
2.1.14. Vendor shall, at no additional cost to the City, provide Police Department
Adjudication workstation computer monitors for citation review and approval
\vhieh should provide a resolution of 1280 x 1024, which shall be retullled tn
Vendor in the event the Agreement is terminated.
2.1.15. For optimal data throughput, Police Department / Adjudication workstations
should be connected to a high-speed intemet connection with bandwidth of T -1 \)1
greater. Vendor will coordinate directly with the City's Information Teehnolog}
(IT) Department on installation and implementation of the computerized aspects
of the program.
2.1.16. Police Department shall provide signatures of all authorized police users who \vi 11
review events and approve citations on fom1s provided by VendoL
2.1.17. In the event that remote access to the A TS Axsis VPS System is blocked b:;
City's network security infrastructure, the City's IT Department and the
counterparts at A TS shall coordinate to facilitate appropriate communications
access while maintaining required security measures.
Page 23 of 30
EXHIBIT "C"
Maintenance
1. All repair and maintenance of Traffic Safety Camera Program systems and related equipment
will be the sole responsibility of Vendor, including but not limited to maintaining the casings
of the cameras included in the Vendor System and all other Equipment in reasonably clean
and graffiti-free condition.
2. Vendor shall not open the Traffic Signal Controller Boxes without a representative of Miami-
Dade County Traffic Engineering present.
3. The provision of all necessary communication, broadband and telephone services to the
Designated Intersections will be the sole responsibility of the Vendor
4. The provision of all necessary electrical services to the Designated Intersections will be the
sole responsibility of the Vendor.
5. In the event that images of a quality suitable for the Authorized Employee to identify
Infractions cannot be reasonably obtained without the use of flash units, Vendor shall provide
and install such flash units.
6. The Vendor Project Manager (or a reasonable alternate) shall be available to the City's
Project Manager each day.
Page 24 of 30
FXHIBIT "1)"'
Inhaction Processing
1. All Infractions Data shall be stored on the VenJor System;
J The Vendor System shall process Infractions Data gathered from the Designated Intersec110n
into a format capable of review by the Authorized Employee via the Vendor System;
.... The Vendor shall make the initial detellnination that the image meets the requirements of the
_1.
Ordinance and this Agreement, and is otherwise sufficient to enable the City to meets it::;
burden of demonstrating a violation of the Ordinance. If the Vendor detern1ines that the
standards are not met the image shall not be processed any further.
4. The Vendor System shall be accessible by the Authorized Employee through a virtual private
network in encrypted format by use of a confidential password on any computer equipped
with a high-speed internet connection and a \veb browser.
5. Vendor shall provide storage capabilities for the City to store infractions identified tor
prosecution for a period of time of not Jess than four (4) years after final disposition of :1
case.
(l. Vendor shall provide the Authorized Employee \vith access to the Vendor System for tht'
purposes of reviewing the pre-processed Infractions Data within seven (7) days of the
gathering of the Infraction Data from the applicable Designated Intersections.
7. The City shall cause the Authorized Employee to review the Infractions Data and to
detem1ine whether a Notice of Infraction shall be issued with respect to each Potential
Infraction captured within such Infraction Data, and transmit each such detennination 10
Vendor using the software or other applications or procedures provided by Vendor 011 the
Vendor System for such purpose. VENDOR HEREBY ACKNOWLEDGES AND AGREES
THA T THE DECISION TO ISSUE A NOTICE OF INFRACTION SHALL BE THE SOLE.
UNILA TERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE
AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETI01\
(A "NOTICE OF INFRACTION DECISION"), AND IN NO EVENT SHALL VENDOR
HA VE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE OF INFRACTION
DECISION:
8. With respect to each Authorized Infraction. Vendor shall print and mail a Notice 01
Infraction within seven (7) days after Vendor's receipt of such authorization from the City's
Authorized Employee; provided, however, during the Warning Period, warning Infraction
notices shall be issued in respect of all Authorized Infractions:
9. Vendor shall provide a toll-free telephone number. at its sole expense, for the purposes 01
answering citizen inquiries.
10. Vendor shall pennit the Authorized Employee to generate monthly reports using the Vendor
Standard RepOli System.
Page 25 of 30
11. Upon Vendor's receipt of a written request from the City and in addition to the Standard
Reports, Vendor shall provide, without cost to the City, reports regarding the processing and
issuance of Notices of Infraction, the maintenance and downtime records of the Designated
Intersections and the functionality of the Vendor System with respect thereto to the City in
such fonnat and for such periods as the City may reasonably request, without cost to the
City;
12. Upon Vendor's receipt of a written request from the City at least fourteen (14) calendar days
in advance of a hearing, Vendor shall provide expert witnesses for use by the City in
prosecuting Infractions, before the City's hearing officer, at no cost to the City;
13. Vendor shall provide such training to City personnel as shall be reasonably necessary in
order to allow such personnel to act as expert witnesses on behalf of the City with respect to
the Red Light Enforcement Program. However, if a specific case requires testimony on the
technical aspects of the equipment, upon City's request Vendor shall provide the City with an
expert in the hearing in that case at no cost to the City.
14. During the Warning Period, Vendor shall implement a public relations program, in
coordination with the City and upon City's approval, at no cost to the City in accordance
with the elements included in Vendor's proposal dated November 13, 2007.
15. Notice of Infraction Form. Vendor shall prepare and provide to City a Notice of Infraction
Form that provides, at a minimum, the following information:
a. name and address of the owner ofthe vehicle involved in the infraction;
b. the registration number of the vehicle involved in the infraction;
c. a citation to the City's Ordinance violated;
d. the location of the intersection where the infraction occurred;
e. the date and time of the infraction;
f. a copy of the recorded image of the infraction;
g. the amount of fee and charges imposed and the date by which the fee and charges
must be paid or appealed;
h. instructions on all methods of payment for the fee;
1. a clear statement of the time limit to file an appeal and describing the procedure for
appealing the infraction;
J. a statement that the City's traffic infraction officer has reviewed and observed the
recorded images evidencing the violation of the Ordinance and has found reasonable
and probable grounds to believe that an infraction has occurred and can identify the
license tag number of the violating vehicle; and,
Page 26 of 30
k. a conspicuous statement. printed on larger font than the remaming statements on tile
Notice of Infraction, and boldccL stating that if thc owner of the vehicle fails to p.,.
the civil fee within the time allotted. or fails to timely appeal the infraction, the 0\\ 11L';
shall be deemed to have waived his or her right to contest the infi:action, and h,lC:
admitted to the infraction reflected in the Notice of Infraction.
16. Vendor agrees that the City shall have the right to review and approvc the fonn Notice 01
Infraction prior to its use, and that in the event City detem1ines additional infonnation should
be included in the Notice oflnfraction, Vendor shall modify the Notice ofInfraction f01111. .U
its sole expense, to comply with those requirements.
17. For any city using ATS lockbox or epayment services, Vendor will establish a demand
deposit account bearing the title, "American Traffic Solutions, lnc. as agent for Customer.' at
U.S. Bank. All funds collected on behalf of the Customer will be deposited in this account
and transfened by wire the first business day of each week to the Customer's primary deposH
bank. The Customer will identify the account to receive funds wired from U.S. Bank. Ii
desired, Customer will sign a W -9 and blocked account agreement, to be completed by the
Customer, to ensure the Customer's financial interest in said U.S. Bank account is preserved.
] 8. Vendor is authorized to charge, collect and retain a convenience fee of $4.00 each jl)!
electronic payments processed. Such fee is paid for by the violator.
Page 27 of 30
Exhibit "E"
Additional Rights and Obligations
V endor and the City shall respectively have the additional rights and obligations set forth below:
l. Vendor shall assist the City in public information and education efforts, including but not
limited to the development of artwork for utility bill inserts, press releases and schedules for
any public launch of the TSCP, as offered in the Vendor's proposal.
2. Vendor shall be solely responsible for installing such Signage as required by City Ordinance.
The Vendor shall be solely responsible for the fabrication of any signage, notices, or other
po stings required pursuant to any law, rule, or regulation of any Governmental Authority
("Signage"), including, but not limited to, the City and County Ordinances, State Statutes,
and Florida Department of Transportation (FDOT) Regulations and shall assist in
determining the placement of such Signage. Vendor shall be responsible for obtaining all
necessary approvals from Governmental Authorities.
3. The Vendor Project Manager and the Project Manager shall meet on a weekly basis during
the period commencing as of the date of execution hereof and ending on the termination of
the Warning Period Date, and on a monthly basis for the remainder of the Term, at such
times and places as the Vendor Project Manager and the City Project Manager shall mutually
agree.
4. The City shall not access the Vendor System or use the TSCP Program in any manner other
than prescribed by law and which restricts or inhibits any other Person from using the
Vendor System or the Vendor Photo Enforcement Program with respect to any Intersection
constructed or maintained by Vendor for such Person, or which could damage, disable,
impair or overburden the Vendor System or the Vendor Photo Enforcement Program, and the
City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii)
any computer systems or networks connected to the Vendor System, or (iii) any materials or
information not intentionally made available by Vendor to the City by means of hacking,
password mining or any other method whatsoever, nor shall the City cause any other Person
to do any of the foregoing.
5. The City shall maintain the confidentiality of any username, password or other process or
device for accessing the Vendor System or using the TSCP.
6. Each of Vendor and the City shall advise each other in writing with respect to any applicable
rules or regulations governing the conduct of the other on or with respect to the property of
such other party, including but not limited to rules and regulations relating to the
safeguarding of confidential or proprietary information, and when so advised, each of V endor
and the City shall reasonably follow any and all such rules and regulations.
7. The City shall promptly reimburse Vendor for the cost of repairing or replacing any portion
of the Vendor System, or any property or equipment related thereto, damaged solely and
Page 28 of 30
directly hy the City. or any 01' Its employees. contractors or ageIHs In all other IJ1St<.ll1L'\.",
such costs shall be solely the Vendor" s costs.
Page 29 of 30
EXHIBIT "F"
COMPENSATION & PRICING
Per Paid Fee
There will be no charge to City during the Warning Period, and Vendor shall not receive any
compensation for any notices sent during the Warning Period.
At the conclusion of the Warning Period, and once Notices of Infractions are issued, Vendor
shall be compensated as follows:
Per Camera Paid Notices
151 Tier Fee: First 2 paid notices per day in a month, per camera (i.e. first 60 paid per month)
$47.50 each
2nd Tier Fee: Next 2 paid notices per day in a month, per camera (i.e. 61-149 paid per month)
$27.50 each
3rd Tier Fee All other paid notices in a month, per camera (i.e. 150+ paid per month)
$17.50 each
If the average number of paid notices is 2 or fewer per day in a month, per camera the Vendor
shall receive all revenues collected for the billing period.
Page 30 of 30
XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
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 Meeting Dates in to City Clerk's Office
~. December 16. 2008 December 1, 2008 (Noon) o February 17. 2009 February 2, 2009 (Noon)
o January 6, 2009 December IS, 2008 (Noon) 0 March 3, 2009 February 17, 2009 (Noon)
o January 20. 2009 January 5, 2009 (Noon) o March] 7,2009 March 2. 2009 (Noon)
o February 3, 2009 January 19, 2009 (Noon) o April?,2009 March 16.2009 (Noon)
0 Ann oun cem en ts/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Approve Ordinance amending Community Redevelopment Plan.
EXPLANA nON: Section 163.361 allows the City Commission to modify the Community Redevelopment Plan from
time to time. Plan amendment is appropriate when clarification is required to support community Redevelopment Agency
programs, including the implementation of Community Policing Innovations. The amendments contained in this Ordinance
have been developed by the eRA Executive Director and her staff and have been recommended by the Agency Board.
PROGRAM IMPACT: The amendments implement the Downtown Master Plan, Community Policing Innovations
Programs an CRA participation in infrastructure improvements, which by their nature will advance the objectives of the
Community Redevelopment Agency.
FISCAL IMP ACT: None
ALTERNATIVES: The Commission is authorized to amend the Plan to include all or none of the proposed
amendments.
. <:~-=.'.__....._.._-_. .{1V';// ~ ~
Department Head's Signature City Manager's Signature
Assistant to City Manager tfnt.-
City Attorney
Department Name City Attorney / Finance
S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM DOC
1 ORDINANCE 08-
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'1 A ORDINANCE OF THE CITY COMMISSION OF THE CITY
-' ! I
4 i I OF BOYNTON BEACH, FLORIDA APPROVING THE
! i
5 II AMENDMENT OF THE COMMUNITY REDEVELOPMENT
6 , I PLAN TO INCORPORATE THE DOWNTO\VN MASTER
7 II PLAN AND COMPONENTS THEREOF REGARDING
8 COMMUNITY POLICING INNOVATION PROGRAM AND
I
9 i FUNDIN G PROGRAMS FOR INFRASTRVCTURE
10 I IMPROVEMENTS OR llPGRADES NECESSARY TO
I
11 I IMPLEMENT THE GOALS AND OBJECTIVES OF THE
12 I COMMUNITY REDEVELOPMENT PLAN WHICH INCLUDE
13 GREATER DENSITY AND ENHANCED PUBLIC SPACE:
14 ! PROVIDING FOR CONFLICTS, SEVERABILITY,
15 i CODIFICA TION AND AN EFFECTIVE DATE.
16
17 WHEREAS, Florida Statute 163.361 provides for amendment or modification of a
18 Communitv Redevelopment Plan; and
I -
19 I WHEREAS, the Community Redevelopment Agency Board has reviewed and
I
20 conducted a public hearing regarding the Downtown Master Plan and the Community
21 Policing Innovation Program and funding programs for infrastructure improvements or
22 upgrades elements1 thereof:
-''' I WHEREAS, the City Commission of the City of Boynton Beach, Florida finds that
....,)
24 the amendment of the Community Redevelopment Plan will advance the intent. purpose. and
25 goals of the Community Redevelopment Agency as contemplated by the Community
26 Redevelopment Act of 1 969.
27 I NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION
I
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28 I OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
29 ! Section 1. Each "Whereas" clause set forth above is true and correct and
!
30 I ~ncorporated herein by this reference.
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11 Example: expenditures for upgrades and improvements to the Cit) 's 4th Street Improvement Porjecl.
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1 Section 2. The City Commission of the City of Boynton Beach Florida approves
2 an amendment of the Community Redevelopment Plan to incorporate the Downtown Master
3 Plan, and the Community Policing Innovation Program and funding programs for
4 infrastructure improvements or upgrades elements contained therein.
5 Section 3. The City Commission of the City of Boynton Beach, Florida
6 specifically approves the amendment of the Community Redevelopment Plan by
7 incorporating the following language related to Community Policing Innovation Program and
8 funding programs for infrastructure improvements or upgrades:
9 Community Policing Innovation Program
10
11 The eRA'S Community Policing Innovation Program shall endeavor to reduce
12 crime by reducing opportunities for, and increasing the perceived risk of
13 engaging, in, criminal activity through visible presence of police in the
14 community, including, but not limited to, community mobilization,
15 neighborhood block watch, citizen contact patrol, foot patrol, field interrogation,
16 or intensified motorized patrol.
17
18 Police officers of the Program shall collect and analyze data on crimes within the
19 CRA and provide the Agency with reports showing year-to-date crime figures.
20 Officers shall undertake actions that will be designed to reduce the numbers and
21 types of crime occurring in the CRA district.
22
23 Officers in the Program shall interact with business owners, property owners and
24 residents of the CRA to determine their public safety concerns. Officers shall
25 have a presence at CRA events and shall attend community meetings to inform
26 residents of the Program. Officers shall monitor the CRA'S trolley for any
27 Issues.
28
29 Officers shall wear the CRA Program uniform when on duty.
30
31 Particular attention shall be paid to quality of life crimes that directly affect the
32 desirability of living or doing business within the CRA district.
33
34 The CRA shall fund the Program with TIF funds to the extent that is currently
35 acceptable practice according to the Florida Auditor General and the
36 recommendation of the eRA'S independent auditor.
37
38
1 lntrastructure Upgrades
')
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3 The CRA shall undertake infrastructure upgrades as necessary to accommodate
4 higher density development as proposed by the Federal Highway Corridor Plan
5 and the Downtown Master Plan. Infrastructure shall include water and sewer
6 lines, drainage, electrical and data systems. roadways. transit stops and
7 sidewalks.
8
9
]0 Section 4. Each and every other provision of the Code of Ordinances not herein
] 1 specifically amended shall remain in full force and effect as previously enacted.
]2 II Section 5. All ordinances or parts of ordinances in conflict herewith be and the
1 " same are hereby repealed.
.)
14 Section 6. Should any section or provision of this ordinance or portion hereoL an:
15 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid.
]6 such decision shall not affect the remainder of this ordinance.
17 I Section 7. Authority is hereby granted to codify said ordinance.
18 Section 8. This ordinance shall become effective immediately upon its passage
]9 I and adoption.
20 I FIRST READING this _ day of___~~_~ .2008.
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1 SECOND, FINAL READING AND PASSAGE this day of
2 ,2008.
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor - Jerry Taylor
7
8
9 Vice Mayor - Jose Rodriguez
10
11
12 Commissioner - Ronald Weiland
13
14
15 Commissioner - Woodrow L. Hay
16
17
18 Commissioner - Marlene Ross
19 ATTEST:
20
21
22
23 Janet M. Prainito, CMC
24 City Clerk
25
26
27 (CORPORATE SEAL)
28
29
XIII-UNFINISHED BUSINESS
ITEM A.
~fl;
ro N \>
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Tumed Requested City Commission
Meetinl! Dates in to City Clerk's Office Meeting; Dates
~ December t6, 2008 December I. 2008 (Noon) 0 February 17, 2009
0 January 6, 2009 December 15, 2008 (Noon) 0 March 3. 2009
0 January 20, 2009 January 5. 2009 (Noon) 0 March 17. 2009
0 February 3, 2009 January 19.2009 (Noon) 0 April 7. 2009
Datc Final Form Must be Tumed
into City Clerk's Office
February 2, 2009 (Noon)
February 17.2009 (Noon)
March 2. 2009 (Noon)
March 16.2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements ~ Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Remove the contingency of receiving a match to the City's NSP funds within six months for the
Ocean Breeze West project.
EXPLANATION: At the November 5, 2008 City Commission meeting, the Commission voted to allocate $400,000 of the
City's $2,9M Neighborhood Stabilization Funds to the Ocean Breeze west project to develop 32 single-family homes to
provide down-payment assistance to low and moderate income purchasers. However, the allocation was made contingent
upon the developer receiving an equal allocation from the County within six months (from what date is not clear from the
minutes),
According to County's Housing and Community Development Department staff, there are no funds remaining in their 08/09
budget that could be allocated to this project. One of the possible sources of down payment assistance is the State
Homeownership Pool Program (HOP) where funds are allocated to each buyer on a first-come, first serve basis. Therefore,
there is no way to allocate all $400,000 within a six-month period.
The requirement of a match within six months is onerous on the project since the funds being sought are for the purpose of
down payment assistance, and wi II not needed until the closing of each home. The NSP guidelines do not put such a timing
restriction on the funds. Additionally, the attached memo from Quintus Greene, Development Director, does not mention
such a restriction.
PROGRAM IMPACT: Heart of Boynton Community Redevelopment Plan
FISCAL IMPACT: None
~" Sign,n,,,
Assistant to City Manager ~
--...
Community Redevelopment Agency
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST fORM.DOC
City Attorney I Finance
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MEMORANDUM
To:
Vivian Brooks, Assistant Director
Community Redevelopment Agency
From:
Quintus Greene, Development Director
Date:
October 31, 2008
Re:
Request for allocation from NSP Funds for Ocean Breese West
Pursuant to your memorandum of October 24, 2008 it has been determined that
downpayment assistance is an allowable use of funds under the Neighborhood
stabilization Program (NSP), Accordingly, staff will be recommending, per your
request, that $400,000 of the anticipated $2.9 million the City of Boynton Beach
expects to receive should be allocated for this purpose.
Please be advised that the low and moderate income related provisions of the
Housing and Economic Recovery Act (HERA) is applicable to the Neighborhood
Stabilization Program. These provisions state that: "not less than 25 percent of
the funds appropriated or otherwise made available under this section shall be
used for the purchase and redevelopment of abandoned or foreclosed homes or
residential properties that will be used to house individuals or families whose
incomes do not exceed 50 percent of area median income. "
As a sub-recipient, the CRA will be expected to ensure that a minimum of 25
percent of the funds requested will be used to meet this required threshold. The
CRA will also need to present a narrative describing how the use of NSP funds
for this use will meet the requirements of Section 2301 (c)(2) of the HERA,
As you know, the administration of the NSP funds will follow the guidelines and
reporting requirements established for the Community Development Block Grant
(CDBG) program. Therefore, the following additional information will also be
required by the CRA to ensure that it is reimbursed:
1. A statement of how the CRA will ensure continued affordability of
units?
2. The number of units proposed for each income level:
(Le., 50% and below, 51% to 80%, and 81% to 120% of area
median income)
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3. The expected start date of the activity
4. Description of the general terms under which the assistance will be
provided:
. Range of interest Rate
. Duration of term of assistance
. Tenure
Please contact Octavia Sherrod should you have any questions or require any
additional information.
CC: Kurt Bressner, City Manager
Lori LaVerriere, Assistant City Manager
Lisa Bright, eRA Executive Director
Octavia Sherrod, Community Improvement Manager