Agenda 05-19-09
The City of
B. ynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
MAY 19, 2009
Jerry Taylor
Mayor - At Large
Marlene Ross
Commissioner - District IV
DISTRI T I
Woodrow Hay
Vice Mayor - District II
Ron Weiland
Commissioner - District I
Jose Rodriguez
Commissioner- District III
Kurt Bressner
City Manager
James Cherot
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES &. PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· 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).
S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
May 19, 2009
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led 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:
None
C. Presentations:
1. Proclamations
a. Boynton Veterans' Council Memorial Day Celebration - May 24,
2009
2. Presentations:
a. Presentation by Steve Waldman, Chair of the Education & Youth
Advisory Board, of certificates of achievement to the youth
volunteers.
1
Agenda
Regular City Commission
Boynton Beach, FL
May 19, 2009
b.
Presentation by Thomas Kaiser of the proposed monument design
commemorating the "USS Arizona-Pearl Harbor, Hawaii" to be
funded by the Boynton Veterans' Council and placed at
Bicentennial Park
c.
Presentation by the Education & Youth Advisory Board of the
annual "Bob Borovy Student Citizen of the Year" award.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
Mayor Taylor Arts Commission Reg 3 yr term to 12/11
I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09
Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 Tabled (2)
1 Weiland Cemetery Board Reg 3 yr term to 12/09
Mayor Taylor Cemetery Board Alt 1 yr term to 12/09 Tabled (3)
IV Ross Code Compliance Board Alt 1 yr term to 12/09 Tabled (3)
I Weiland Education & Youth Advisory Board Reg 2 yr term to 12/09
IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (2)
Mayor Taylor Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 Tabled (2)
I Weiland Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (2)
II Hay Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (2)
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 - May 5, 2009
2
Agenda
Regular City Commission
Boynton Beach, FL
May 19, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Award a contract to HDR Engineering, Inc. of Tampa, FL, RFP #034-
1210-09jOD "Annual Contract for Real Estate Administrator" to be
utilized on an "as needed" basis to facilitate land acquisition, relocation
and property management. (Proposed Resolution R09-074)
2. Approve the "TWO YEAR BID FOR HYDRAULIC CYLINDERS AND VALVES,
PARTS AND REPAIRS", Bid #042-1412-09/JA, to Construction Hydraulics
of Lake Worth, Florida, for an estimated expenditure of $35,000.
C. Resolutions
1. Proposed Resolution No. R09-075 RE: Approving and
authorizing execution of an Interlocal Agreement (ILA) as a prerequisite to
the voluntary annexation of the Palm Beach Memorial Park and Sam's Club
properties.
2. Proposed Resolution No. R09-076 RE: Approving and
authorizing execution of an Agreement with Workforce Alliance, Inc. to
participate in the Workforce Investment Act Eligible Youth and Adult
Participants program funded by the America Recovery and Reinvestment
Act of 2009 (ARRA).
3. Proposed Resolution No. R09-077 RE: Approving the
assessment of the cost of nuisance abatement on properties within the
City of Boynton Beach.
4. Proposed Resolution No. R09-078 RE: Approving and
authorizing execution of an Interlocal Agreement between Palm Beach
County (PBC) and the City of Boynton Beach for participation in the
Drowning Prevention Coalition (DPC) Learn to Swim Program, which
provides vouchers to the public that may be redeemed for swimming
lessons at the John Denson Pool.
5. Re-adoption of Resolution 09-064 RE: Adopting the
State Housing Initiatives Partnership Program Local Housing Assistance
Plan for Fiscal Years 2009/10, 2020/11 and 2011/12, originally adopted
on April 21, 2009, to add the phrase "as well as insuring that said
changes are consistent with all prior year changes" which is required by
the monitor for the State.
6. Proposed Resolution No. R09-079 RE: Approving
Frequency Reconfiguration Agreement between the City of Boynton
Beach and Nextel South Corp. and to approve the purchase of new
portable radios for use by police, fire/rescue and local government.
3
Agenda
Regular City Commission
Boynton Beach, FL
May 19, 2009
D. Authorize the use of $850 from Commissioner Rodriguez's Community
Investment Funds for the Woman's Club.
E. Approve the return of both the "off-site" and "on-site" work bonding on THE
ESTATES AT HERITAGE CLUB, PUD, REPLAT NO.1, as recorded in Plat Book
109, Pages 160 &161, Public Records of Palm Beach County.
F. Accept the written report to Commission of purchases over $10,000 for the
month of April 2009.
G. Report from Recreation on Facility Use by Outside Groups.
H. Take Home Vehicle Update
1. Status report on location of existing churches on secondary roadways.
J. Recreation and Parks updated CIP Project list.
K. Approve staff's recommendation regarding the Community Development
Block Grant Substantial Amendment to its FY 08/09 Community
Development Block Grant Annual Action Plan
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.
A.
Project:
Agent:
Owner:
Location:
Descri ption:
Ocean 95 Exchange Plaza (SPTE 09-005)
Michael C. DeSimone
Michael C. DeSimone
514-518 West Ocean Avenue
Request for a one-year time extension for a New Site Plan (NWSP
06-020) approved on October 17, 2006, thereby extending site
plan approval from February 23, 2009 to February 23, 2010.
IX. CITY MANAGER'S REPORT:
A. Recommendation to proceed with the implementation of the 501( c)(3) not-for-
profit foundation (Foundation) through a contract with Waters Pelton
Organization, Inc.
4
Agenda
Regular City Commission
Boynton Beach, FL
May 19, 2009
B. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS
AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09/JA to Ocean Gate
General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of
10% in the amount of $192,500 for a total expenditure of $2,117,500/501(c)(3)
Discussion (Proposed Resolution No. R09-073) (Tabled on May 5, 2009)
X. FUTURE AGENDA ITEMS:
A. Contract Award Recommendation for design of MeadowsfNautica Park - June 2,
2009.
B. Follow-up report for discussion on individual water meters for the Crossings -
June 2, 2009.
C. Continued Discussion on 2010 General Fund Budget Policy Items - June 2, 2009
D. Staff is continuing to update the 2007 Program Analysis and Span of Control
report. Staff will conclude its review and be prepared to make recommendations
at the June 16, 2009 Commission Meeting.
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-024 RE: Amending Part
III, "Land Development Regulations", Chapter 1, Article VIII, to add a
new Section 4 "Expedited Development Review Program".
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 09-025 RE: Amending the
City of Boynton Beach Code of Ordinances to add two (2) additional
members to the CRA Board.
D. Resolutions:
None
5
Agenda
Regular City Commission
Boynton Beach, FL
May 19, 2009
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEmNG, 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 - 5/14/200911:04
s:\CC\WP\CCAGENDA\AGENDAS\yEAR 2009\051909 REVISED DRAFT. DOC
6
III.-ANNOUNCEMENTS 8< PRESENTATIONS
Item C.l.a
tf(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 Aori121,2009 April 6, 2009 (Noon) 0 June 16, 2009 June I, 2009 (Noon)
0 Mav 5, 2009 April 20, 2009 (Noon) 0 July 7, 2009 June 15, 2009 (Noon)
X Mav 19, 2009 May 4,2009 (Noon) 0 July 21, 2009 July 6,2009 (Noon)
(.)
0 June 2, 2009 May 18, 2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)O ~ftt
-'"I''''
NATURE OF
AGENDA ITEM
X Announcements/Presentations
o Administrative
o Consent A enda
o
o Public Hearin
o
o
o Le al
o Unfinished Business
o
):110
-0
RECOMMENDATION: To proclaim Sunday, May 24,2009, "Boynton Veterans' Council Memorial Day
Celebration. "
EXPLANATION: The Boynton Veterans' Council conducts an annual Memorial Day Celebration at the
Boynton Beach Memorial Park.
PROGRAM IMPACT: The Recreation and Parks Department provides staff support for the setting up and
taking down of the necessary equipment to perform services at this celebration.
FISCAL IMPACT: Staff Time is included in the budgetary process for the department.
ALTERNATIVES: Not applicable.
k~
City Manager's Signature
Assistant to City Manager
~
Risk Management
Department Name
City Attorney / Finance
RMlVeterans Advisory Commission/Memorial Day Agenda Request 2009.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
WHEREAS, Monday, May 25,2009 has been declared Memorial Day and has been
designated as a national holiday by legislative enactment; and
WHEREAS, the Citizens of this Nation, the State of Florida, and the City of Boynton
Beach, live in freedom because of the sacrifices and contributions made by those who served in the Armed
Forces of the United States of America in time of national danger; and
WHEREAS, Boynton Beach Memorial Park is the final resting place for so many of our
citizens who sacrificed their lives for their country, I declare this ground to be hallowed ground sacred to
their memories; and
WHEREAS, the Veterans Council of Boynton Beach, representing all veterans' posts in
Boynton Beach, is hereby commended for its efforts in promoting this Memorial Day ceremony for our
veterans who served in all wars; and
WHEREAS, during peacetime there have been occasions when our active military
personnel have become casualties due to the hazardous nature of their duties; and
WHEREAS, these servicemen and women deserve only the highest honors equal to
those who died in combat.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of
the City of Boynton Beach, Florida, do hereby proclaim Sunday, May 24,2009, as
"THE BOYNTON VETERANS COUNCIL MEMORIAL DAY CELEBRATION"
in the City of Boynton Beach and urge all citizens to remember the sacrifices and contributions of all those
who served this Nation in time of war to preserve our cherished heritage of freedom, and further urge that
we all join together to commemorate our veterans with an appropriate observance at 2:00 p.m. at Boynton
Beach Memorial Park and by prayers in our homes and houses of worship.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City
of Boynton Beach, Florida to be affixed this 19th day of May in the Year 2009.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
Deputy City Clerk
(Corporate Seal)
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III-ANNOUNCEMENTS & PRESENTATIONS
ITEM C.2. G...
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Offi ce
0 April 21, 2009 Anril 6, 2009 (Noon) 0 June 16, 2009 June I, 2009 (Noon)
0 May 5,2009 April 20, 2009 (Noon) 0 July 7, 2009 June 15,2009 (Noon)
[8J May 19, 2009 May 4, 2009 (Noon) 0 July 21, 2009 July 6, 2009 (Noon)
0 June 2, 2009 May] 8, 2009 (Noon) 0 August 4, 2009 July 20.2009 (Noon)
--.;;;;;;;T
NATURE OF
AGENDA ITEM
[8J Announcements/Presentations
o Administratiye
o Consent A enda
o
o Public Hearin
o
o
o Le al
o Unfinished Business
o
\.0
::r:
RECOMMENDATION: Presentation of the annual Youth Volunteer Bank awards. The chair of the Education
& Youth Advisory Board will present certificates of achievement to the youth volunteers.
EXPLANATION: The Youth Volunteer Bank was created in 1997 to promote youth volunteerism, community
involvement and reward youth who participate. The program is a cooperative effort between the Recreation &
Parks Department, Education & Youth Advisory Board, local businesses and schools and youth volunteers.
PROGRAM IMPACT: Since 1998, youth volunteers have recorded over 52,000 volunteer hours and the
program has awarded $20,850 in savings bonds and prizes.
FISCAL IMPACT: The awards are sponsored by the Education & Youth Advisory Board and the program is
funded through donations.
AL TERNA TIVES: N/ A
~~
- Dej)artment Head's Signature
~
City Manager's Signature
--
Assistant to City Manager
cnu/
Recreation & Parks
Department Name
City Attorney / Finance
S.IBULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
III-ANNOUNCEMENTS &. PRESENTATIONS
ITEM C.2. ~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 ApriI6,2009~00n) 0 June 16, 2009 June 1,2009ONoon)
0 May 5, 2009 April 20, 2009 (Noon) 0
~ May 19,2009 May 4, 2009 (Noon) 0
0 June 2, 2009 May 18,2009 (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 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve the proposed monument commemorating the "USS Arizona-Pearl Harbor, Hawaii".
EXPLANATION: The Boynton Veterans' Council is offering to fund this monument to be placed at Bicentennial Park. The
Boynton Beach Veterans' Advisory Commission voted on May 13,2009 to recommend that the City Commission accept this
monument for placement at Bicentennial Park. All costs are to be borne by the Boynton Veterans' Council. Mr. Tom Kaiser
will present an illustration of the monument design at the Commission meeting.
PROGRAM IMP ACT: Recreation & Parks Department will be authorized to site the monument as there are other
monuments located within the park. The Boynton Veterans' Council will be required to provide a signed and sealed drawing
of the foundation which will need to be submitted to the Pennitting offices for approval. The Boynton Veterans' Council will
also be required to provide a signed and sealed report from an engineer affinning that the monument will withstand the
required wind load, which must be submitted in conjunction with the foundation penn it application. These requirements have
been noted to and accepted by the Co-Chair of the Boynton Veterans' Council.
FISCAL IMPACT: The Boynton Veterans' Council has agreed to fund this project, at no cost to the City.
ALTER~ES: Not~p:~=:e propo,ed monument from ~undl
~ D~eod" Signature City Manage,', Signature
Assistant to City Manager
~
Public Affairs
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Ma:l 07 09 08:00a
Tom Kaiser
5612761976
p.1
Greetings from
Your local Vetel:'ans
On November 11, 2008 a new Veterans Memorial
was opened at the City of Boynton Beach Bi-
Centennial Park on Federal Highway in our
fair city!!
This beautiful Memorial to all Veterans past
and present has captured the eye and
imagination of aLII who have visited the
Park.
We now have a project underway to further
enhance this mac~ificent tribute to America's
gallant fighting men and women.
As of right now a Monument to Pearl Harbor
will be unveiled on December 7, 2009 and our
Tribute to World War 1 is scheduled for April
2010, the 93rd Allniversary of our entry into
that war and wi]'l Highlight the "LOST
BATTALLION " of the 77th Division.
We ask for your help at this time to get our
~ribute to Americas Gallant Fighting Men and
Jlomen ~ompleted on schedule.
~ Kaiser, U.S. Navy WWII, Chmn
For info caJ.I mE~ at 561-276-1796
Ma~ 05 09 01:0210
Tom Kaiser
5612761976
10.2
PEARL HARBOR, HAWIUI
7:55 A.M. DECEMBER 7, 1941
U.S.S ARIZONA BB
A DAY lllAT Will LIVE IN INFAMY!!!!!!
****************************
ON THAT BRIGHT SUNNY SUNDAY MORNING, THE NAVAL AND AIR FORCES
OF THE IMPERIAL JAPANESE EMPIRE LAUNCHED AN UNPROVOKED
ATTACK WITHOUT WARNING ON OUR ARMED FORCES AND INSTALLATIONS
IN AND AROUND THE AMERICAN NAVAL BASE AT PEARL HARBOR, HAWAII.
THE U.S.S. ARIZONA PICTURED ABOVE WAS SUNK ALMOST IMMEDIATELY
WITH GREAT LOSS OF LIFE.
THE ATTACK WAS A COMPLETE SURPRISE AND ALMOST NO AMMUNITION
WAS ON HAND TO FIGHT OFF THIS MOST VICIOUS ATTACK. OUR FLEET AT
ANCHOR AS THE MAIN TA,RGET WAS TURNED A MASS OF TWISTED METAL
AND TWENTY FOUR HUNORED OF OUR GALLANT FIGHTING WERE KILLED
AND MANY HUNDREDS WOUNDED. THE BATTLE AROUSE.
"REMEMBER PEARL HARBOR"!!!
IT TOOK ALMOST FOUR YEARS BUT ON SEPTEMBER 2, 1945 THE JAPANESE
SURRENDERED UNCONDITIONALLY, THEIR FLEET, ONCE ONE OF THE
GREATEST ON EARTH WAS SUNK OR IN DISREPAIR.
THEIR COUNTRY BOMBED FROM ONE END TO THE OTHER TOOK MORE
THAN 10 YEARS TO R1ECOVER, OUR VICTORY WAS COMPLETE AND
OUR MEN AVEr~GED. AND AROUND PEARL HARBOR.
Ma~ 05 09 01:02p
Tom Kaiser
5612761976
p. 1
. ~ ~
..t
;t
~....
Ma~ 05 09 01:03p
Tom Kaiser
5612761976
p.3
..."......
~, ..
BOylttOH II otoraHfl Oo",,,eUJ
THE OBJECTIVE OF THE BOYNTON VETS AT BI-CENTENNIAL PARK
We have already had a ctass of dlildren from Sl Mar1c R_C. Church at our Ceremonies and am sure more
will be there in the future. We intend to invite classes from all schools in the City of Boynton Beach.to view
our Beautiful Veterans Memorial at Bi-Centennial Park.
We will have tours around the pathways and where possible the Veterans who were involved in the various
Campaigns can let them know what a Veteran is and what it means to the Citizens of this Great Land of ours'
, have them ready to protect us at all times. This has recently been demonstrated by our Gallant
Navy Seals in the Horn of Africa__
It has been our pleasure to join with the City of Boynton in this most worthwhile project and will be really
able to say thank you by our care and love for one of the most beautiful Veteran Memorials anywhere!-!I!
Tom Kaiser. Project Chmn.
Arne.ican Legion Posts "164 8. 288.....Disabled Amell'!can Vetell'ans 1152
Jlewisli1l War Veterrans. f1os't 440.....Korean War Veterans Chapter 117
\!e1!:eD"2!!1lS of lForeii...n Wars PAo~ ""3.....-.. 10
;::J ......,...s '" ,"::J.... 1l50...uSons of the American Legion !?ost 1164
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III-ANNOUNCEMENTS &: PRESENTATIONS
ITEM C.2 , (
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to Citv Clerk's
Dates Office Office
0 April 2 L 2009 April 6, 2009 (Noon) 0 June 16, 2009 June L 2009 (Noon)
0 May 5, 2009 April 20, 2009 (Noon) 0 July 7, 2009 June] 5, 2009 (Noon)
t8J May 19,2009 May 4, 2009 (Noon) 0 July 2], 2009 July 6, 2009 (Noon)
0 June 2, 2009 May 18, 2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)
NA TURE OF
AGENDA ITEM
t8J Announcements/Presentations
o Administrative
o Consent A enda
o
o Public Hearin
o
o
o Le al
o Unfinished Business
o
o
'-0
-
RECOMMENDATION: Presentation of the annual "Bob Borovy Student Citizen of the Year" Award b~he
members of the Education & Youth Advisory Board.
EXPLANATION: The Bob Borovy Student Citizen of the Year Award was created in 2000 to recognize a
graduating high school senior who best epitomizes the spirit of volunteerism and giving to the community as
exemplified by the late Bob Borovy. A United States Veteran and former member of the Advisory Board on
Children and Youth, Mr. Borovy was an active citizen of the Boynton Beach community for many years. The
award recipient will receive $1,000 and have his/her name placed on a permanent plaque at City Hall.
PROGRAM IMPACT: In order to apply, students must be graduating high school seniors who are residents of
the City of Boynton Beach, submit three letters of recommendation, complete an essay and provide
documentation of their volunteer work. The winner is chosen by a panel of judges, including last year's award
recipient.
FISCAL IMPACT: The award is sponsored by the Education & Youth Advisory Board and is funded through
donations.
ALTERNATIVES: N/A
//1 ~~
Y Departmentl.tte'aa"s Signature
~x6?,<e~
City Manager's Signafure
~
Recreation & Parks
Assistant to City Manager
Department Name
City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
V. ADMINISTRATIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 05/19/09
Last Name First Name 1 st Choice 2nd Choice 3rll Choice
Anton Steve Arts Com
Farrington John Veterans
Commission
Gresh Thomas Recreation &
Parks Bd.
* Scantlan Don Veterans
Commission
T engbergen Sherie Arts Com
* Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy arises.
t
VI.-CONSENT AGENDA
ITEM B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
o
\0
:x
==-
-<
J
Date Final Form Must be
Turned in to City CI~
Office
C'1)
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D A ri121, 2009
D Ma 5,2009
IZI Ma 19,2009
D June 2, 2009
D June 16,2009
D Jul 7,2009
D Jul 21,2009
D Au ust 4, 2009
Jul
Jul
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM IZI Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Help'ing D
RECOMMENDATION: A Motion to approve a contract award to HDR Engineering, Inc. of
Tampa, Florida, RFP#034-1210-09/CJD "Annual Contract for Real Estate Administrator" to be
utilized on an "as needed" basis to facilitate land acquisition, relocation and property
management.
EXPLANATION: On March 11, 2009, Procurement Services received and opened three (3)
proposals. A committee was formed to review and evaluate the proposals composed of Kofi
Boateng, Utilities Director, David Kelley, City Engineer, Quintus Greene, Director of
Development. Based on a combination of experience with the type of services required by the
City, the versatility of the firm and the flexibility with Palm Beach County and the City of
Boynton Beach, it was unanimous consensus of the Review Team to recommend contracting with
HDR Engineering as the Real Estate Administrator for the City. American Acquisition Group
(AAG) was ranked second and PBS & J was ranked third per attached memo and ranking matrix.
PROGRAM IMPACT: The purpose of this RFP was to seek a Real Estate Administrator to
provide real estate services i.e. facilitate land acquisition, relocation and property management on
an "as needed" basis.
FISCAL IMPACT: Costs associated with securing the services of the Real Estate Administrator
will be charged to the requesting department and/or the specific project requiring said services.
ALTERNATIVES: Not award this RFP and go out for quotes on an "as needed" basis not
necessarily obtaining the best price and securing skilled personnel.
S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~
City Manager's Signature
---f~A~.i?1A
Procurement Se ice
--"'1
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
r I
\1
. '
1
2
3 RESOLUTION NO. R09-
4
5 A RESOLUTION OF THE CITY OF BOYNTON
6 BEACH, FLORIDA, APPROVING THE AWARD (RFP
7 #034-1210-09/CJD) OF CONSULTANT AGREEMENT
8 TO HDR ENGINEERING, INC., FOR REAL EST A TE
9 ADMINISTRA TOR ON AN AS NEEDED BASIS;
10 AUTHORIZING THE CITY MANAGER TO
11 EXECUTE AN AGREEMENT BETWEEN THE
12 PARTIES; AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, on March 11, 2009, Procurement Services opened and tabulated
16 three (3) proposals to the RFP "Annual Contract for Real Estate Administrator"; and
17 WHEREAS, after review and evaluation it has been determined appropriate by
18 staff to recommend award on an as needed basis of this RFP to HDR Engineering, Inc., of
19 Tampa, Florida whose RFP was overall responsive and responsible proposer; and
20 WHEREAS, upon recommendation of staff, the City Commission of the City of
21 Boynton Beach does hereby approve the award of RFP No.034-1210-09/CJD to HDR
22 Engineering, Inc., of Tampa, Florida.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon
27 adoption hereof.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida,
29 hereby approves the award of RFP No. 034-1210-09/CJD to HDR Engineering, Inc. of
30 Tampa, Florida for Real Estate Administrator on an as needed basis.
S:\CA\RESO\Agreements\Bid Awards\Award of RFP - Real Estate Admin(2009).doc
Ii
"
~
1 "
Section 3.
That the City Manager is hereby authorized to execute a Consultant
2 Agreement for Real Estate Administrator between the City of Boynton Beach and HDR
3 Engineering, Inc., of Tampa, Florida, to be hired on an as needed basis, a copy of which is
4 attached hereto as Exhibit "A".
5
Section 4.
That this Resolution shall become effective immediately.
6 PASSED AND ADOPTED this
day of May, 2009.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ATTEST:
25
26
27 Janet M. Prinito, CMC
28 City Clerk
29
30
31
32 (Corporate Seal)
33
34
35
36
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
S:\CA\RESO\Agreements\Bid Awards\Award of RFP - Real Estate Admin(2009).doc
CONSULTANT AGREEMENT FOR
CONSULTING SERVICES
FOR
"REAL ESTATE ADMINISTRATOR"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and HDR Emdneerin2:. Inc., hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSUL T ANT services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on an "As
Needed basis" to incorporate herein by reference, including the provision of all labor,
materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving
of written notice by the City to the Consultant to proceed. Consultant shall perform all
services and provide all work product required pursuant to this agreement on an "As Needed"
basis.
4. TERM: This Agreement shall be for a period of ONE (1) year commencing on the date the
Agreement is executed by the City.
5. PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for
services rendered under this agreement as follows:
a. The total contract price, as referred to herein, shall be the total amount of payment to
consultant for services provided under this agreement for the entire term of the Agreement
b. Payment for the work provided by Consultant shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Consultant shall
not exceed the total contract price without express written modification of the Agreement
signed by the City Manager or his designee.
c. The Consultant may submit invoices to the City once per month during the progress of the
work for partial payment for project completed to date. Such invoices will be reviewed by
the City, and upon approval thereof, payment will be made to the Consultant in the amount
approved.
d. Final payment of any balance due the Consultant 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.
e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f. The Consultant'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 the
termination of the Agreement. Copies shall be made available upon request.
CA-l
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this Agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
7. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this 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.
8. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
9. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution ofthis agreement.
10. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor 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 Consultant nor any employee of Consultant
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 Consultant,
or any employee of Consultant.
11. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
CA-2
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 such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
DISCRIMINATION PROHIBITED. The Consultant, 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.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City.
NON-WANER. 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.
TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Consultant.
buIn the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
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 ofthe Consultant and the City, if the City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance
of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed
under Florida Law.
17. 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
Attn: Quintus Greene
Notices to Consultant shall be sent to the following address:
HDR Engineering, Inc.
5426 Bay Center Dr., Suite 400
Tampa, FL 33609
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
CA-3
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATED this _ day of
,20_0
CITY OF BOYNTON BEACH
City Manager
Consultant
Attest! Authenticated:
Title
(Corporate Seal)
City Clerk
Approved as to Form:
Attest! Authenticated:
Office of the City Attorney
Secretary
Rev. 1/22/91
CA-4
~ST REr~SIBLE PROPOSER THAT MET ALL CRITERIA
.A Af) .A.-<--"~
C L DOPPL Plm N AGENT
RFP: REAL E'STATE ADMINISTRATOR
QUINTUS GREENE, DEVELOPMENT DIRECTOR
RFP DUE DATE: MARCH 11. 2009
RFP DUE TIME: 2:30 P.M.
RFP # 034-1210-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
*************
VENDORS AMERICAN ACQUISITION GROUP, LLC HDR ENGINEERING, INC. PBS& J
5600 MARINER STREET STE 104 5426 SAY CENTER DR. STE 400 2001 NW. 107TH AVENUE
TAMPA, FL 33609 TAMPA, FL 33609 MIAMI, FL 33172
PH: (813) 287-8191 PH: (813) 282-2300 PH:(305) 592-7275
FAX: (813) 287-8272 FAX: (813) 282-2430 FAX:(305) 599-3809
CONTACT: D. WADE BROWN CONTACT: LARRY D. LOW P.E CONTACT: NORRIS SMITH, SRlWA
COST BREAKDOWN
SECTION 4 SUBMITTED YES YES YES
ORIGINAL AND (5) FIVE COPIES
SUBMITTED YES YES YES
PROPOSER'S QUALIFICATIONS
SUBMITTED YES YES YES
ANTI-KICK BACK AFFIDAVIT
SUBMITTED YES YES YES
NON-COLLUSION AFFIDAVIT
SUBMITTED YES YES YES
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A MINORITY YES/NOT A MINORITY YES/NOT A MINORITY
OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS
CONFIRMATION OF A DRUG FREE
WORKPLACE YES YES YES
SCHEDULE OF SUB-
CONTRACTORS SUBMITTED YES/NA YES YES
LICENSES ENCLOSED
NO YES YES
COMMENTS
_ .. "" ",:";0" n
'"_ - r ~ '~ ,,~, l,,i
'.;:;' m-- .,,', ' ','
>.. ~ 1.;.
MEMORANDUM
APR 2 ZJu9
To:
Carol Doppler, Purchasing Agent
Jt.S
From:
Quintus Greene, Development Director
Date:
April 27, 2009
Re:
Real Estate Administrator Selection
Pursuant to a Request for Proposals for Real Estate Administration Services, on an
annual contract, to facilitate land acquisition, relocation and property management, three
proposals were received by the closing date of March 11, 2009. The three submitting
firms were: the American Acquisition Group (AAG) , HDR engineering, Inc (HDR) and
Post, Buckley, Schuh & Jernigan, Inc. (PBS&J).
On April 24, 2009 a Review Team, which included myself, Utilities Director, Kofi Boateng
and David Kelley, Assistant Director of Public Works/City Engineer carefully reviewed
and evaluated each proposal. Based on a combination of experience with the type of
services required by the City, the versatility of the firm and the flexibility indicated in the
assignment of their staff, their cost proposal, as well as familiarity with Palm Beach
County and the City of Boynton Beach, it was the unanimous consensus of the Review
Team to recommend contracting with HDR Engineering as the Real Estate Administrator
for the City. The second place in the evaluation went to the American Acquisition Group
(AAG).
Costs associated with securing the services of the Real estate Administrator will be
charged to the requesting department and/or the specific project requiring said services.
CC: Jeff Livergood, Public Works Director
David Kelley, Assistant Director of Public Works/City Engineer
Kofi Boateng, Utilities Director
SUMMARY OF WEIGHTING SCORE SHEET FOR
"REAL ESTATE ADMINISTRATOR"
PANEL MEMBER HDR AAG PBS & J
DAVID KELLEY 45 41 40
QUINTUS GREENE 45 41 40
KOFIBOATENG 45 41 40
TOTALS 145 123 120
TABLE Il- WEIGHTING SCORE SHEET
Res onsiveness to Scope
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for res onsiveness to need
Professional personnel qualifications
of "key ro'ect members":
Organizational Chart
Biosketches
Resumes
Staffing tenure
Workloads, current and projected that
will impact scope:
Firm
State of Florida
Local
SUB TOTAL PAGE ONE (1
Weighting I=Poor 2=Below 3=Average
Avera e
5=Excellent
TOTAL
4
4-
1
Page 1 of 1
Greene, Quintus
From: Boateng, Kofi
Sent: Sunday, April 26, 20094:20 PM
To: Greene, Quintus
Cc: Kelley, David; Livergood, Jeffrey
Subject: Review of Real Estate Consultant Submittals
Quintus:
I have completed a review of the proposals submitted by the three firms: HDR, MG, and PBS&J.
Thus far HDR appears to be the one with the most versatile range of capabilities, experience, a well-defined
property acquisition project delivery process that are more relevant to the local needs of the City. Further, at
$120.36, HDR's average cost per hour of relevant personnel is much lower than the other two. The average
hourly rate of PBS&J is $131.10, and that of MG, $142.71.
The runners up to HDR are MG and PBS&J, respectively.
Please let me know if you will require any additional information.
Thanks
Kofi
4/27/2009
TABLE II - WEIGHTING SCORE SHEET
NAME OF FIRM:
SCOPE: A 0
PANEL MEMBER:
SIGNATURE:
Weighting l=Poor 2=Below 3=Average
Avera e
5=Excellent
TOTAL
Responsiveness to Scope
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for res onsiveness to need
Professional personnel qualifications
of "key roject members":
Organizational Chart
Biosketches
Resumes
Staffing tenure
Workloads, current and projected that
will impact scope:
Firm
State of Florida
Local
SUB TOTAL PAGE ONE
3
3
I
TABLE II - WEIGHTING SCORE SHEET
Weighting l=Poor 2=Below 3=Average
Avera e
4=Above
Avera e
5=Excellent
TOTAL
4-
1
TABLE Il- WEIGHTING SCORE SHEET
Res onsiveness to Scope
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for res onsiveness to need
Professional personnel qualifications
of "ke roject members":
Organizational Chart
Biosketches
Resumes
Staffing tenure
Workloads, current and projected that
will impact scope:
Firm
State of Florida
Local
SUB TOT AL PAGE ONE (1
l=Poor 2=Below 3=Average
Avera e
Z
4=Above 5=Excellent
Avera e
TOTAL
-* '?F 0.. fA E.:;.. rF'O f' 'I--f! f- PT1 0 tJ -,1(/ s PE::! , ~ If! D REQff r' I, / '.: .;; ~
1
Page 1 of 1
Greene, Quintus
From: Kelley, David
Sent: Friday, April 24, 20092:53 PM
To: Greene, Quintus
Cc: Boateng, Kofi
Subject: Real Estate Administrator Selection
Quintus:
This is to confirm my recommendation (and listing) of the firm for the above noted position. My review considered
the versatility of the firm, the org chart, the type (and class) of evaluations and appraisals that they performed,
their familiarity with our area in Palm Beach County, as well as the availability of the "team" to be of service to the
city. My ranking of the firms is as follows:
1) HDR, Inc. of Tampa, FL.
2) American Acquisition Group, LLC of Tampa, FL.
3) P B S & J, Inc. of Miami, FL>
Please note that this review was done on behalf of Jeff Livergood, PE, Director of the Department of Public
Works. If you have any questions, please advise me.
H. David Kelley, Jr., PE/PSM
Ass't. Dir. of P.W.lCity Engineer
4/27/2009
TABLE II - WEIGHTING SCORE SHEET
NAME OF FIRM:
SCOPE: A D
PANEL MEMBER:
SIGNATURE:
Res onsiveness to Scope
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for responsiveness to need
Professional personnel qualifications
of"ke project members":
Organizational Chart
Biosketches
Resumes
Staffing tenure
Workloads, current and projected that
will impact scope:
Firm
State of Florida
Local
SUB TOTAL PAGE ONE (1
NAME OF SCOPE:
)1=
Weighting l=Poor 2=Below 3=Average
Avera e
5=Excellent
TOTAL
1
TABLE II - WEIGHTING SCORE SHEET
NAME OF FIRM:
SCOPE: A 0
PANEL MEMBER:
SIGNATURE:
Weighting l=Poor 2=Below 3=Average
Avera e
5=Excellent
TOTAL
Responsiveness to Scope
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for res onsiveness to need
Professional personnel qualifications
of "key project members":
Organizational Chart
Biosketches
Resumes
Staffing tenure
Workloads, current and projected that
will impact scope:
Firm
State of Florida
Local
SUB TOTAL PAGE ONE 1
1
TABLE II - WEIGHTING SCORE SHEET
Weighting I=Poor 2=Below 3=Average
Avera e
4=Above 5=Excellent
Avera e
4-
4
TOTAL
Res onsiveness to Scope
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for res onsiveness to need
Professional personnel qualifications
of "key roject members":
Organizational Chart
Biosketches
Resumes
Staffing tenure
Workloads, current and projected that
will impact scope:
Firm
State of Florida
Local
SUB TOTAL PAGE ONE (1
4
4-
4--
I'
I
TABLE II - WEIGHTING SCORE SHEET
NAME OF FIRM:
SCOPE: A 0
PANEL MEMBER:
SIGNATURE:
(
,/
Weighting l=Poor 2=Belo,,' 3=Average
Avera
5=Excellent
TOTAL
Res onsiveness to Scope
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for res onsiveness to need
Professional personnel qualifications
of"ke roject members":
Organizational Chart
Biosketches
Resumes
Staffing tenure
Workloads, current and projected that
will impact scope:
Firm
State of Florida
Local
SUB TOTAL PAGE ONE
1
TABLE II - WEIGHTING SCORE SHEET
NAME OF FIRM:
SCOPE: A 0
PANEL MEMBER:
SIGNATURE:
;
; i.{~. .,/,;1', i. /"'"
"
Weighting l=Poor
3=Av~rage
,
4=Above
Avera e
5=Excellent
TOTAL
Res onsiveness to Sco e
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for responsiveness to need
Professional personnel qualifications
of "key roject members":
Organizational Chart
Biosketches
Resumes
Staffing tenure
Workloads, current and projected that
will impact scope:
Firm
State of Florida
Local
SUB TOTAL PAGE ONE 1
3
4-
4-
'3
1
(((
VI.-CONSENT AGENDA
ITEM 8.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting.
Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
[8J Ma 19,2009
0 June 2, 2009
o June 16,2009
o Jul 7,2009
o Jul 21,2009
o Au ust 4, 2009
Jul
Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve the "TWO YEAR BID FOR HYDRAULIC
CYLINDERS AND VALVES, PARTS AND REPAIRS", Bid # 042-l4l2-09/JA, to Construction
Hydraulics of Lake Worth, Florida, for an estimated annual expenditure of: $35.000.00.
CONTRACT PERIOD: May 19, 2009 to May 18, 2011. The provision of this bid will allow for two (2)
additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance,
satisfactory performance and determination that the renewals are in the best interest of the City.
EXPLANATION: On April 16, 2009, Procurement Services opened and tabulated three (3) proposals.
After staff reviewed the proposals from the three (3) vendors for "Two Year Bid for Hydraulic Cylinders
and Valve Parts and Repairs", it was determined by staff to award the bid to Construction Hydraulics of
Lake Worth, Florida.
Construction Hydraulics does not charge a shipping charge (local company) therefore Construction
Hydraulics of Florida is the lowest, most responsive responsible bidder.
Construction Hydraulics is our current vendor and Fleet is satisfied with their work and their expedient
service which is imperative to the Fleet Division. Steve Weiser, Fleet Administrator concurs with this
recommendation (see attached memo #08-17).
PROGRAM IMPACT: The purpose of this bid is to establish a fixed price for a two-year period for the
repair of malfunctioning hydraulic cylinders and valves and miscellaneous parts for mobile and
industrial equipment from a qualified and responsible vendor. Parts and repairs include, but are not
limited to cylinders, controls, motors, pumps, valves, and any related parts, repair kits and/or
components. Parts and repairs will be ordered on an "AS NEEDED BASIS".
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
..C\ .
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: BUDGET AMOUNT
Fleet~aintenance
ESTIMATED ANNUAL EXPENDITURE
501-5000-590-0982
$35,000.00
LAST YEAR'S EXPENDTURE:
$41,754.00
ALTERNATIVES: Not repair existing equipment and purchase new equipment
~
Department Head's Signature City ~anager's Signature
~ J. _ /J.. A"ist..rt to City Managcr ~
~",haSin:~ CityAttOmey~~
C: Steve Weiser, Fleet Administrator
Chris Roberts, Assistant Director of Public Works
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
***** T~ UVliKALL LUW~~T, MU~T ~~YUN~~V~, ~~YUN~~>>L~ >>~UUKK WtlU ~~I~ ALL ~r~~~~~~^~~Un~
car~~rcp~~ba~
TWO YEAR BID FOR HYDRAULIC CYLINDERS
AND VALVE PARTS & REPAIRS
'5u. tJ~ ~
Steven Weiser, Fl et "nistrator
BID DUE DATE: APRIL 16, 2009
BID DUE TIME: 2:30 P.M.
BID # 042-1412-09/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any are hereby rejected as late"
)(~~ ~~ ~4
VENDORS CONSTRtJCTION HYDR:6.ULlCS OF L.W. FL LIGHTNING BAY PHEU-DRAULlCS MOTION CONTROL SERVICES, INC.
1320 S. J. TERRACE 4302 E. 10TH AVE., STE 401 1427 CHAFFEE DRIVE STE 5
LAKE WORTH, FL 33460 TAMPA, FL 33605 TITUSVILLE FL, 32780
PH: (561) 585-6637 PH: (813) 655-0806 PH:(321) 385-9087
FAX: (561) 586-7019 FAX: (813) 651-1935 FAX: (321) 385-9088
CONTACT: BRIAN FILlPOWSKI CONTACT:PAMELA FAY CONTACT: RICHARD PAYNE
HOURL Y SHOP RATE
GENERAL HYDRAULIC WORK $50.00 $48.50 $74.00
HOURLY SHOP RATE
HYDRAULIC MACHINE SHOP WORK $50.00 $48.50 $74.00
PICKUP AND DELIVERY CHARGES
(Round trip to and from Public Works) NO CHARGE $120.00 $45.00
CAN YOU MAKE HIGH PRESSURE
HOSES UP TO TWO INCHES? YES YES YES
DO YOU INVENTORY MATERIALS TO
MAKE TWO INCH HOSES? YES YES YES
IF "YES" PERCENTAGE DISCOUNT
OFF LIST PRICING TO CITY 20% 23% 55%
PETROLEUM BASED HYDRAULIC
FLUID/PER GALLON $49.621** 5 GALLONS $8.95 $5.93
SEE COMMENTS
SYNTHETIC BASED HYDRAULIC
FLUID/PER GALLON $88.231**5 GALLONS $34.99 $43.03
SEE COMMENTS
NON CONDUCTIVE HYDRAULIC
FLUID/PER GALLON $63.88/**5 GALLONS $9.48 $5.93
SEE COMMENTS
HYDRAULIC CYLINDERS & VALVES 09
..............Uit; UVU<ALL LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER WHO MEETS ALL
---L~~~~ '
Carol Doppler, CPPB, Purchasing Agent
TWO YEAR BID FOR HYDRAULIC CYLINDERS
AND VALVE PARTS & REPAIRS
SPECIFICATl~** ..' __
.G ~~J~
Steven Weiser, Fleet Administrator
BID DUE DATE: APRIL 16, 2009
BID DUE TIME: 2:30 P.M.
BID # 042-1412-09/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any are hereby rejected as late"
-:it -4< ,~ ~ 4:~
VENDORS CONSTRUCTION HYDRAULICS OF LW. FL LIGHTNING BAY PHEU-DRAULlCS MOTION CONTROL SERVICES, INC.
1320 S. J. TERRACE 4302 E. 10TH AVE., STE 401 1427 CHAFFEE DRIVE STE 5
LAKE WORTH, FL 33460 TAMPA, FL 33605 TITUSVILLE FL, 32780
PH: (561) 585-6637 PH: (813) 655-0806 PH:(321) 385-9087
FAX: (561) 586-7019 FAX: (813) 651-1935 FAX: (321) 385-9088
CONTACT: BRIAN FILlPOWSKI CONTACT:PAMELA FAY CONTACT: RICHARD PAYNE
WORN/DAMAGED PARTS
DISPOSAL COSTS NO CHARGE $1.00 PER PART NO CHARGE
PERCENTAGE OF DISCOUNT OFF
LIST FOR MISC. PARTS 15% 20% **DISCOUNT VARIABLE
BY BRAND
PRICE LIST, INCLUDING TWO-INCH
HOSES, SUBMITTED YES YES YES
WARRANTY PERIOD/PARTS
ONE YEAR ONE YEAR SIX MONTHS
WARRANTY PERIOD/LABOR
ONE YEAR ONE YEAR SIX MONTHS
NUMBER OF BID PROPOSAL
PRICES SUBMITTED ONE ONE ONE
SPECIFICATION "CHECK OFF" SHEETS
SUBMITTED YES YES YES
ANTI-KICKBACK AFFIDAVIT
SUBMITTED YES YES YES
HYDRAULIC CYLINDERS & VALVES 09
TWO YEAR BID FOR HYDRAULIC CYLINDERS
AND VALVE PARTS & REPAIRS
BID DUE DATE: APRIL 16,2009
BID DUE TIME: 2:30 P.M.
BID # 042-1412-09/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS CONSTRUCTION HYDRAULICS OF L.W. FL LIGHTNING BAY PHEU-DRAULlCS MOTION CONTROL SERVICES, INC.
1320 S. J. TERRACE 4302 E. 10TH AVE., STE 401 1427 CHAFFEE DRIVE STE 5
LAKE WORTH, FL 33460 TAMPA, FL 33605 TITUSVILLE FL, 32780
PH: (561) 585-6637 PH: (813) 655-0806 PH:(321) 385-9087
FAX: (561) 586-7019 FAX: (813) 651-1935 FAX: (321) 385-9088
CONTACT: BRIAN FILlPOWSKI CONTACT:PAMELA FAY CONTACT: RICHARD PAYNE
CONFIRMATION OF MINORITY
OWNED BUSINESS SUBMITTED YES/NOT A YES/WOMEN YES/NOT A
MINORITY OWNED BUSINESS CERTIFICATION PENDING MINORITY OWNED BUSINESS
CONFIRMATION OF DRUG-FREE
WORKPLACE SUBMITTED YES YES YES
COMMENTS PRICES SUBMITTED FOR
5 GALLONS NOT 1 GALLON
HYDRAULIC CYLINDERS & VALVES 09
DEPARTMENT OF PUBLIC WORKS
FLEET SERVICES DIVISION
MEMORANDUM 08-017
'~; ,>'
FROM:
-"
lD9
Carol Doppler, Purchasing Agent .--.'''.... .~
Steven Weiser, Fleet Administrator$
Christine Roberts, Assistant Director of Public Works (:J-
TO:
THRU:
DATE:
Friday, April 24, 2009
RE:
Hydraulic Repair Bid
Carol,
After staff reviewed the proposals from the three (3) vendors that submitted bids for "Two Year
Bid for Hydraulic Cylinders and Valve Parts and Repairs"it was determined by staff to award
the bid to Construction Hydraulics of Lake Worth, Florida.
By awarding the bid to Construction Hydraulics of Florida $50.00 per hourly rate with "no
charge" for delivery, the award would be in the best interest of the city as opposed to Lightning
Bay Pheu-Draulics at $48.50 per hourly rate yet the shipping charge is $120.00
pickup/delivery .
Construction Hydraulics is our current vendor and we are satisfied with their work and their
expedient service is imperative to the Fleet Division.
Therefore I recommend The Two Year Bid for Hydraulic Cylinders and Valve Parts and
Repairs" be awarded to Construction Hydraulics of Florida.
Fiscal Impact: Reduced cost and downtime by using local vendor.
Alternative: Use vendor that will require additional shipping cost and increase downtime.
Thank you.
Copy: PW Files
S:\PW\Coorespondence
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 (City) ,2009
Bid Title:
TWO YEAR BID FOR HYDRAULIC CYLINDERS AND VALVE
PARTS AND REPAIRS
Bid Number:
042-1412-09/JA
Bid Received By:
APRIL 16, 2009, 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: APRIL 16,2009, 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: Construction Hydraulics of Lake Worth, Fl.
Federal I.D. Number: 59-2528453
A Corporation of the State of:
Florida
Area Code: 561
Telephone Number: 585-6637
Area Code: 561
FAX Number: 586-7019
Mailing Address: 1320 South J Terrace
City/State/Zip: Lake Worth, Fl. 33460
Vendor Mailing Date:]
"Autho 'z
V"j
Brian Filipowski
Name Typed
THIS PAGE MUST BE SUBMITTED WITH PROPOSAL
16
PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
To All Bidders:
Date: J!y( II \ S ,7.J:J::A
The undersigned declares that he has carefully examined the specifications and is thoroughly
familiar with its provisions and with the quality, type and grade ofproductfservice called for.
It is the intention of the City of Boynton Beach to award this bid, specified herein, to a source
that will give PROMPT AND EFFICIENT SERVICE FOR P ARTSIREP AIRS. Any failure
of the successful bidder( s) to comply with these conditions may be cause for cancellation of any
order placed or termination of said awarded Bid immediately upon notice by this City. Upon
review of bid proposals, it may be in the best interest ofthe City to award both a PRIMARY and
SECONDARY VENDOR to meet the demands of our Fleet Maintenance Division.
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 estimated annual expenditure for this bid is $35.000.00. Parts and Repairs will be ordered on
an "AS NEEDED BASIS".
We understand it is impossible to quote a major repair without the unit torn completely down, so
we are requesting your proposal include the following:
ITEM
HOURLY SHOP RATE FOR GENERAL HYDRAULIC SHOP WORK
$ 50.00
Per Hour
HOURLY SHOP RATE FOR HYDRAULIC MACHINE SHOP WORK
$ 50.00
Per Hour
PICKUP AND DELIVERY CHARGES (To and From Public Works)
$ 0
Per Round Trip
CAN YOU MAKE HIGH PRESSURE HOSES UP TO TWO
INCHES?
yes
YeslNo
DO YOU INVENTORY MATERIALS TO MAKE TWO INCH
HOSES?
yes
YeslNo
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
17
IF "YES", WHAT PERCENTAGE DISCOUNT OFF OF LIST
PRICING WILL BE EXTENDED TO CITY?
20%
%Percentl Discount
PETROLEUM BASED HYDRAULIC FLUIDIPER GALLON
$ 49.62/**5 gallons **
Per Gallon
SYNTHETIC BASED HYDRAULIC FLUIDIPER GALLON
$ 88.23/**5 gallons **
Per Gallon
NON-CONDUCTIVE HYDRAULIC FLUIDIPER GALLON
$ 63.88/**5 gallons**
Per Gallon
WORNIDAMAGED PARTS DISPOSAL COSTS
$
o
Per Part
PERCENTAGE OF DISCOUNT OFF LIST FOR MISC. PARTS
150/0
0/0 PercentlDiscount
PRICE LIST, INCLUDING TWO-INCH HOSES, SUBMITTED
FOR COMP ARISON(S)
Yes
YeslNo
WARRANTY PERIODIP ARTS (Attach separate sheet if necessary)
1 year
WARRANTY PERIODILABOR (Attach separate sheet if necessary)
1 year
ALL PRICES F.O.B. BOYNTON BEACH
Number of Bid Proposals submitted
Specification "check-off' sheets (page 4-5)
submitted
--yes _
Yes/No ")
!
Construction Hydraulics of Lake Worth, Inc
COMPANY NAME
..J
/
Brian Filipowski
PRINTED NAME
(561)585-6637
TELEPHONE NUMBER
president
TITLE
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
18
SPECIFICATIONS
FOR
"TWO YEAR BID FOR
HYDRAULIC CYLINDERS
AND
VALVES PARTS AND REPAIRS"
The purpose of this bid is to establish a fixed price, for a two-year period, for the repair of
malfunctioning hydraulic cylinders and valves and miscellaneous parts for mobile and industrial
equipment from a qualified and responsible vendor. Parts and repairs include, but are not limited
to cylinders, controls, motors, pumps, valves and any related parts, repair kits and/or
components. Parts and repairs will be ordered on an "AS NEEDED BASIS".
It is the intention of the City of Boynton Beach to award this bid, specified herein, to a source
that will give PROMPT AND EFFICIENT SERVICE FOR P ARTSIREP AIRS. Any failure
of the successful bidder(s) to comply with these conditions may be cause for cancellation of any
order placed or termination of said awarded Bid immediately upon notice by this City. Upon
review of bid proposals, it may be in the best interest of the City to award both a PRIMARY and
SECONDARY VENDOR to meet the demands of our Fleet Maintenance Division.
The estimated annual expenditure for this bid is $ 35.000.00.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 3
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Specifications Continued
Please place an (x) on the blank line next to each item if a specification is met. If exception is
taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit
specifications "check-oft" sheets (Pages 4 & 5) with the proposal sheet in order for a bid to be
considered.
_x_ All bid prices are F.O.B. Public Works, Fleet Maintenance, 222 N.E. 9th Avenue,
Boynton Beach, Florida.
_x_ Fleet Maintenance's hours of operation are: Monday through Thursday from 6:00 a.m. to
4:30 p.m.
_x_ Several of the City's facilities operate 24 hours per day, 7 days per week, 365 days per
year.
_x_Priority work assignments are necessary for all "fire and life safety" resources.
_x_ The City fleet is diverse and the successful vendor(s) must be able to accommodate all the
needs of our fleet inventory.
_x_The City fleet contains units with small single action cylinders on lawn mowers to double
action multi-stage cylinders on garbage compaction units.
_x_ Valve bodies can be single or multi-function.
_x_The City fleet contains both American standard and metric sizes.
x Fleet service technicians will remove and replace all minor and major components.
--
_x _ Vendor will supply miscellaneous parts for hydraulic cylinders and valves at a percentage
discount off of list pricing. A copy of list prices is to be submitted with the bid proposal
for price comparison(s).
_x _ Vendor will have personnel on duty Monday through Saturday for regular routine service
work.
_x_All repairs and service work will be randomly inspected by Fleet Maintenance to assure
quality, safety, and serviceability.
_x_ Vendor will provide pickup and delivery service to and from Public Works, Fleet
Maintenance Shop at 222 NE 9th A venue, Boynton Beach, FL. Fleet maintenance will
have the option to transport parts to and from Public Works to expedite repairs, if
necessary .
_x _ Vendor will assume all costs related to environmental fluid disposal
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
4
Specifications Continued
_x _ Vendor will capture and properly dispose of all waste petroleum products at their service
facility.
_x_All replaced parts will be properly cycled back through approved waste streams.
_x _ Vendor will maintain an inventory of proper service tools and parts required for routine
service and repair work.
_x _ Vendor will provide the correct grade of lubricants required by equipment manufacturer
when completing all service or repair work.
_x_All repair schedules or work requests will be provided through Fleet Maintenance on an
"AS NEEDED BASIS".
_x _ Vendor will provide detailed invoicing to Fleet Maintenance for each repair/service that
will allow Fleet to update repair/service history records for each resource.
_x_Fleet Maintenance Supervisor, or his designee, will become contract administrator for all
payment processing.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
5
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:
Sworn andlubscribed befOreilf
this -' ~} day of ).AJ
,20 Oc~
Printed Information:
".i3JA/I~Y1 (. f h L / /~L"' L~'::; g,
NAME
')
,;l;w'7 / i)~z . 'I
TITLE
. .._ l\
_......_.._1 ,
. ~ ConInIIIIOft E.... _11.
rt.' COlllIIllIaion , 00 7t81.
l'te:t~'"'''' Bond&t1 T~ N.........,
toI1~nu..J cn c ." 1)1f~~t;"S
COMPANY
"OFFICIAL NOTARY SEAL" S
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
19
CONFIRMATION 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
-
No
Yes
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
( ) 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
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
20
CONFIRMATION OF DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifYing employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifYing the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notifY the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notifY the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies Cu
the above requirements. / /j
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
21
Part number alternate 20% off LIST PRICE
AM16 23.04 $28.80
BXX04 4.84 $6.05
BXX06 5.64 $7.05
BXX08 6.4 $8.00
BXXlO 8.72 $10.90
BXX12 10.44 $13.05
BXX16 14.28 $17.85
B706 3.16 $3.95
IB4HY-8-8 37.2 $46.50
lFUHY-4-4-SM 16.56 $20.70
IFUHY-6-6 18.4 $23.00
IGUHY-12-12 35.64 $44.55
IGUHY-4-4 HY04-04BPF 16.84 $21.05
IGUHY-6-6 HY06-06BPF 18.72 $23.40
IGUHY-8-8 HY08-08BPF 22.76 $28.45
IJSHY-I0-10 HYlO-lOOFT 25.08 $31.35
IJSHY -10-8 HY08-100FT 20.56 $25.80
IJSHY-12-10 HYI0-120FT 34.52 $43.15
IJSHY-16-16 42.44 $53.05
IJSHY-4-4 HY04-040FT 15.4 $19.25
IJSHY-6-6 HY06-G60FT 15.12 $18.90
IJSHY-8-6 15.68 $19.60
IJSHY -8-8 HY08-080FT 16.48 $20.60
IJ7HY-4-4 22.44 $28.05
IJ9HY-IO-8 38.36 $47.95
IJ9HY-12-12 50.36 $62.95
IJ9HY-6-6 25.28 $31.60
IJ9HY-8-8 35.7 $34.90
10IHY-12-16 35.24 $44.05
10IHY-16-16 HYI6-16MP 32.76 $40.95
101HY-2-4 HY04-02MP 6.68 $8.35
10IHY-4-6 HY06-04MP 7.16 $8.95
1OIHY-6-6 HY06-06MP 7.08 $8.85
10IHY-8-8 HY08-08MP 8.44 $10.55
103HY-I0-8 HY08-lOMJ 13.76 $17.20
103HY-12-12 15.88 $19.85
103HY-16-12 24.2 $30.25
103 HY-4-4 8.04 $10.05
103 HY-6-6 HY06-06MJ 9.08 $11.35
103 HY-8-8 11 $13.75
105HY-12-12 HYl2-12RA 20.64 $25.80
105HY-12-16 Non price listed part
106HY-I0-I0 HYI0-I0FJ 20.44 $25.55
106HY-I0-12 22.12 $27.65
106HY-I0-8 HY08-10F J 11.76 $14.70
106HY-12-10 HYlO-12FJ 19.28 $24.10
106HY-12-12 HY12-12FJ 18.64 $23.30
106HY-12-8 21.32 $26.65
106HY-16-16 HY16-16FJ 35.36 $44.20
106HY-4-4 HY04-04F J 7.6 $9.50
106HY-6-4 HY04-06F J 8.12 $10.15
106HY-6-6 HY06-06FJ 8.76 $10.95
106HY-8-10 34.12 $42.65
106HY-8-6 HY06-08FJ 9.52 $11.90
106HY-8-8 HY08-08F J 11.4 $14.25
10671-12-12 32 $40.00
10671-12-8 52.72 $65.90
113HY-12-12 43.56 $54.45
113 HY-4-4 21.52 $26.90
113HY-6-6 23.72 $29.65
113 HY-8-8 HY08-08MA 27.72 $34.65
128HY-8-6 23.96 $29.95
137HY-12-12 46.28 $57.85
137HY-6-6 HY06-06FJ45T 21.52 $26.90
137HY-8-8 22.48 $28.10
139HY-10-8 36.32 $45.40
139HY-12-12 HY12-12FJ90T 41.72 $52.15
139HY-16-16 HY16-16F J90T 69.04 $86.30
139 HY-4-4 HY04-04FJ90T 19.16 $23.95
139HY-6-6 HY06-06F J90T 21.44 $26.60
139HY-8-6 HY06-08FJ90T 24.24 $30.30
139HY-8-8 HY08-08F J90T 25.8 $32.25
169HY-8-6 29.72 $37.15
177HY-12-12 41.52 $51.90
177 HY-6-6 25.92 $32.40
193HY-8-8 22.28 $27.85
VI.-CONSENT AGENDA
ITEM C.1
CITY OF BOYNTON BEACH C1TY'CCE~I?':3uOrt7tlH
AGENDA ITEM REQUEST FORM 09 HAY -5 AM 10: r 3
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21,2009 Amil 6, 2009 (Noon) 0 June 16, 2009 June 1, 2009 (Noon)
0 May 5,2009 Amil 20, 2009 (Noon) 0 Julv 7,2009 June 15,2009-~00nll
IS! Mav 19,2009 Mav4,2009rNOon) 0 July 21, 2009 Julv6,2009nNoo~
0 June 2, 2009 May 18, 2009(Noon) 0 August 4, 2009 Julv20,2009(Noo~
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrati ve 0 New Business
AGENDA ITEM IS! Consent Agenda IS! Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the May 19, 2009 City Commission Agenda under Consent,
Resolutions. Staff recommends the approyal of this resolution and execution of the accompanying Interlocal Agreement (ILA)
in connection with, and as a prerequisite to the yoluntary annexation of the Palm Beach Memorial Park and Sam's Club
properties. For further information, please see the explanation below, accompanying resolution, and attached ILA.
EXPLANATION: The Palm Beach Memorial Park/Sam's Club land use amendment was reviewed by DCA and is
scheduled for the adoption hearing on June 2nd. The accompanying ILA is intended to resolve an issue raised by Palm Beach
County, related to the northern boundary of the annexation. The Sam's Club property extends northward, providing its
northern entrance drive and, at the same time, the only means of access for the remaining unincorporated parcels north of
Sam's Club's property. Once the Palm Beach Memorial Park and Sam's Club are annexed, the drive will be incorporated, and
the only access to these unincorporated parcels would then be through the city. The parcels would become an unincorporated
"pocket" and as a result, the annexation may not pass the "compactness" test of Florida Statutes. To resolve this issue, city
staff offered to enter into an interlocal agreement with the County that would document the city's plan to annex (see Section 3
of the ILA) these remaining parcels which are also covered by the water service agreement.
PROGRAM IMP ACT: This agreement is one of the prerequisites for the ultimate annexation of approximately 45 acres of
land along North Seacrest Boulevard.
FISCAL IMPACT: The overall annexations (the Palm Beach Memorial Park/Sam's Club properties and the pocket
properties) are anticipated to contribute approximately $120,000 to the City's annual property tax revenues.
AL TERNATIVES: Not approve the subject interlocal agreement which may lead to the County's objection to, and
halting ~f,e annexa. ti~n of tho Polm Beach Mommial P",k ",d S,m', Clob p:Oprrti~_ . ~~ ~
. 'I('i,n(*/A~ ~~
Develo~tnent epartrnentDirector City Manager's Signature to -:l.I_ 0 '5
.j ';1//1A/I ~ ~~
Assis~nt to City Manager ~ ~
c::---- \
~ey / Finance
Planning-and Zoni lrector
G:\Annexations\Annexations Sams\A enda Item Request 5-19-09 - ILA for enclave service. doc
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I RESOLUTION NO. R09-
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 BOYNTON BEACH, FLORIDA, APPROVING AND
6 AUTHORIZING THE MA YOR TO EXECUTE AN
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND PALM BEACH COUNTY REGARDING
9 THE CITY'S PLAN TO ANNEX REMAINING PARCELS
JO OF LAND IN CONNECTION WITH THE SAM'S CLUB
Il AND PALM BEACH MEMORIAL PARK
12 ANNEXATIONS; AND PROVIDING AN EFFECTIVE
13 DATE.
]4
15
16 WHEREAS, the Sam's Club property extends northward, providing its northern
17 entrance drive and at the same time, the only means of access for the remaining
18 unincorporated parcels north of Sam's Club property; and
19 WHEREAS, once the Palm Beach Memorial Park and Sam's Club are annexed, the
20 drive will be incorporated and the only access to these unincorporated parcels would then be
2 I through the City; and
22 WHEREAS, to resolve this issue, the City staff offered to enter into an lnterlocal
23 Agreement with the County that would document the City's plan to annex these remaining
24 parcels; and
25 WHEREAS, the City Commission of the City of Boynton Beach, upon
!
26 I recommendation of staff, deems it to be in the best interests of the residents and citizens of the
27 City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton
28 Beach and Palm Beach County to document the City's plan to annex remaining parcels of
29 I property near Sam's Club in order for them not to become an unincorporated pocket.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
I S\CA\RESO\^greementSllnterlocal~lLA with PRC (Sams- Cemetery Annexation).doc
1
, .
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2
Section 1.
Each Whereas clause set forth above IS true and correct and
3 incorporated herein by this reference.
4
Section 2.
The City Commission of the City of Boynton Beach, Florida does
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5 I hereby approve and authorize the Mayor to execute an lnterlocal Agreement between the City
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6 I of Boynton Beach and Palm Beach County to document the City's plan to annex remaining
7 parcels of property near Sam's Club in order for them not to become an unincorporated
8 pocket, a copy of said Interlocal Agreement is attached hereto as Exhibit "A".
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Section 3.
That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this __ day of May, 2009.
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21 Commissioner- Ronald Weiland
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24 Commissioner - Jose Rodriguez
25 ATTEST:
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27 Commissioner - Marlene Ross
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30 Janet M. Prainito, CMC
31 City Clerk
32 1
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34 I (Corporate Seal)
35 I
I.
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i S:\CA\RESO\Agreement~lnterlocal~ILA with PBC (Sams- Cemetery Annexation).doc
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made on this _ day of
J 2009 between the CITY OF BOYNTON BEACH, a Florida municipal
corporation located in Palm Beach County, Florida, hereinafter referred to as "City," and
PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as "County", each entity constituting a "public agenqy" as defined in Part 1,
Chapter 163, Florida Statutes and collectively referred to as the "parties" to this
agreement.
WHEREAS, Chapter 163, Part I, Florida Statutes (2008), known as the "Florida
Interlocal Cooperation Act of 1969" authorizesclocal governments tcf:~a.ke the most
efficient use of their powers by enabling them to Goope.rate with other'laealities on a
basis of mutual advantage and thereby to provide ,services and facilities that will
harmonize geographic, economic, population and other::factors influencing the needs
and development of local communities';:.and
WHEREAS, the "Florida Interlocal Coaper~ien Act of 1969" permits public
agencies as defined hereirilo enter into Intedocal Agreements with each other to jointly
exercise any power, privilege, or authority which such agencies share in common and
which each might exeroi$~, sepl:irat~ly; and
WH&RE:AS, the CountY':,and the'Gity have determined that it is appropriate and
will promote efficient:PfovisioriQfgovernmental services for the City to annex certain
." . .
parcelslnatare contiguoa$'and in proximity to the City's municipal boundaries; and
WHEREAS, the CitY'$ Comprehensive Plan Policy 1.15.1 states that the City will
continue to prorffote the orderly annexation of lands consistent with Chapter 171, F .S.,
and the Palm Beach County Annexation Policy; and
WHEREAS, the City's Comprehensive Plan Policy 1 .15.2 states that the City
shall utilize pre-annexation water service agreements as a method of annexation; and
WHEREAS, parcels identified to be annexed in this Interlocal Agreement are in
the City's Utility Service Area and are the subject of water service agreements that also
provide consent for voluntary annexation; and
Page 1 of 4
WHEREAS, the City is processing a voluntary annexation of 41 .49 acres, located
to the south of the unincorporated properties identified in Exhibit A; and
WHEREAS, the City recognizes that service delivery problems will result due to
the annexation of these 41.49 acres if these parcels to the north of the annexation
remain unincorporated.
NOW, THEREFORE, in consideration of the mutual repr~entations, terms and
covenants hereinafter set forth, the parties hereby agree a~jollows:
Section 1. Purpose
The Parties hereby agree that by October 1, 2009,'the City of;:~()ynton Beach will
process and adopt an ordinance or ordinances resulting in the volunta~:1annexation of
. ,". '''' ",q'"'., . .
the unincorporated parcels identified in Exhibifl~A" attacljed hereto and'~ffiade a part
hereof, provided that the City boundary is contiguous4ethese parcels as of that date. If
the City boundary is not contiguous to'm~se parcels by:::t;:).ctober 1, 2009, the City shall
adopt the voluntary annexation ordinance within 180 days'ofJhe effective date of the
City ordinance which makes the parcels i(jentifiedln.E~hibitUA" contiguous with the City.
Section 2. Definitions
"Agreement"m~ans thls.lnterlocal Agreement, including any amendments or
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supplements hereto, exe~4ted,g~d.d~livered in'8ccordance with the terms hereof.
".'"
Se.etrerl' ~f; ,'AnnexatioR,
The unincorporat~d parcels identified in Exhibit "A", which is attached hereto and
made ap?rt hereof, will~er.eby be annexed into and will be included in the corporate
boundariescjf::t~e City pr:ior to October 1, 2009, provided that the boundary is
contiguous to these parcels as of that date. If the City boundary is not contiguous by
October 1, 2009, the City shall adopt the voluntary annexation ordinance within 180
days of the effective date of the City ordinance which makes the parcels identified in
Exhibit "A" contiguous with the City.
Page 2 of 4
Section 4. Joint Effort
The preparation of this Agreement is considered a joint effort of the parties and,
accordingly, the Agreement shall not be construed more severely against one of the
parties than the other.
Section 5. Enforcement
This Agreement, shall be binding upon, and be enforceable by, the parties.
There are no third party beneficiaries to this agreefl)~hL This Agreement and all
transactions contemplated by this Agreement shall b~gdverned by:and construed and
enforced in accordance with the laws of the State of Florida. Venue of:';all:proceedings
in connection herewith shall be exclusively in Palm'B~agti;'County, Florida. In the event
of litigation or administrative proceeding to settle iSSli~~,:arising, each party shall be
responsible for their own attorney's fees'ahd:'bQ~ts.
Section 6. Effective Date
"-,-"",- .,-"-,,
This Agreement;'shaU;ta~e effect upon execution by both parties.
Section 7. Filing
Upon execution byJ)Qthpartje~~,'a.;<:;opy of this Agreement shall be filed with the
Clerk of the Cirtult'COUrt in ~11(ifor Palm Beach County.
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, :Section 8. Caritfens
..~,., . ,- ."".<
Th~:captions and s~etion designations herein set forth are for convenience only
and shall have no substantiVe meaning.
Section 9. '~~:yerability
In the event that any section, paragraph, sentence, clause, or provision hereof be
held by a court of competent jurisdietion to be invalid, such shall not affect the remaining
portions of this Agreement and the same shall remain in full force and effect.
Section 10. Entirety of Agreement
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, either written or oral,
Page 3 of 4
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 shall constitute
one and the same instrument.
CITY OF BOYNTON BEACH,
a Florida Municipal Corporation
ATTEST:
Jerry Taylor, Mayor
Janet Prainito, City Clerk
(Seal)
, , ,..,
Approvet:las tc::>:~Form and Legal Sufficiency
;:CitY Attorney
ATTEST:
SHARON R. BOCK, Glerk &
Comptroller
PALM BEACl~FCOUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk
By:
Jeff Koons, Chairman
APPROV~~~STOFORM
AND LEGALSLJFFICIENCY
Assistant County Attorney
G:\WPDA TA \LANDUSE\RBANKSIANNEXA T./OMBoynton/nter/oca/.doc
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VI-CONSENT AGENDA
ITEM J.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested Ciry Commission Dale Final Form Musl be Turned Requested Ciry Commission Date Final Form Must be Turned
Meelinl! Dates in 10 City Clerk's Office Meetinl! Dates in to City Clerk's Office
0 August 19,2008 August 4, 2008 (Noon) ~ October 21, 2008 October 6, 2008 (Noon)
0 September 2, 2008 August 18, 2008 (Noon) 0 November 5, 2008 October 20, 2008 (Noon)
0 September 16.2008 September 2, 2008 (Noon) 0 November 18, 2008 November 3,2008 (Noon)
0 October 7, 2008 September 15, 2008 (Noon) 0 December 2, 2008 November 17, 2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM I2J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA nON: Possible Annexation of Property at Hypoluxo and Seacrest - Authorize Staff to enter into utility
extension agreement with Palm Beach Memorial Park with a cost recovery of City costs over a 10 year period. Authorize
staff to prepare amendment of2001 Billboard Consent Decree.
EXPLANATION: The City has been discussing the annexation of Palm Beach Memorial Park, a 25.6 acre parcel of property
located on the west side of Seacrest near Hypoluxo. The property is used as a cemetery and funeral home. The City
previously entered into water and sewer pre-annexation agreements with property to the north which includes a Sam's Club,
Best Western Hotel, Popeye's Chicken, Taco Bell and Pizza Hut. The terms of the agreement require these parcels to annex
to the City when they become contiguous to the City limits. The path to gaining contiguity is annexation of the cemetery
property. Recently, the City was also contacted by Sam's Club because they desire to install a retail fueling facility at this
store. Staff suggested that Sam's Club work with Palm Beach Memorial Park to consider a joint application for annexation.
Staff met with representatives of both Sam's Club and Palm Beach Memorial Park last week to further discuss the annexation.
Palm Beach Memorial Park desires to hook up to the City's utility system for the two buildings on their property (Funeral
Home and Office). The estimated cost of the extension of utilities to serve both buildings is between $100,000 and $110,000,
according to Boynton Beach Utilities. While the lines would be constructed by a private contractor, Palm Beach Memorial
Park has requested City cost participation in the construction of these lines. Staff is proposing that Palm Beach Memorial
Park pay for $30,000 of the utility and fee costs with the balance of the project costs be paid by the City with a 10 -year
payback provision as part ofa utility bill surcharge. Palm Beach Memorial Park has tentatively agreed to this arrangement.
In addition, the cemetery is requesting authorization from the City to allow the installation ofthe one of two remaining 1-95
billboards from the 2001 Consent Decree. This would provide a revenue stream for the property owner. Location of a
billboard on the cemetery property will require that the Consent Decree be amended. Subject to an acceptable location of the
sign on the cemetery property, staff supports the location of one of the two remaining billboards onto the cemetery property.
The working relationship between the City and Hardin Holdings (the billboard company) has been very good. Sam's Club
upon annexation proposes to install the retail fueling facility, which is very similar to the one at 81's Wholesale Club.
PROGRAM IMPACT: The annexation of Palm Beach Memorial Park will allow the City to also annex the commercial
property at the SW corner of Hypoluxo and Seacrest. All businesses except the gas station at the SW corner have signed
utility pre-annexation agreements with Boynton Beach. Because the proposed land use amendment requires review by the
Florida Department of Community Affairs (DCA) as part of the semi-annual program review, the annexation cannot take
place until calendar year 2009 meaning that the City will not receive property taxes until 20 I O.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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FISCAL IMPACT: Based on the 2008 property tax rate of .64553, the assemblage of property will contribute $]20.000
annually to the City in property tax revenues beginning in 20 I O. The estimate is based on the following calculations:
Property Tax Calculation - SeacrestjHypoluxo Annexation
2008 66 Rate > >
064553
Business Name
Address Street
PCN
2008 Value
Per PAPA Site
Projected
Taxes to 66
2008 Rate
Sam's Club 7233 Seacrest Blvd 00-43-45-09-23-000-0010 $ 10,222,556 $ 65,990
..
Best Western 7051 Seacrcst Blvd 00-43-45 -09- 23 -000-0022 $ 4,604,099 $ 29,721
Taco Bell/Pizza Hut 7035 Sea crest Blvd 00-43-45-09- 23-000-0030 $ 1,358,275 $ 8,768
Popeyes Chicken 7049 Seacrest Blvd 00-43-45-09-23-000-0021 $ 869,583 $ 5,613
Palm Beach Memorial Park 3691 Sea crest Blvd 00-43-45-09-05-001-0020 $ 1,580,000 $ 10,199
Est Annual to City $ 120,291
(After 1/1/2010)
KB: 10/12/08
AL TERNATIVES: Do not authorize staff to enter into the utility cost-sharing agreement and the amendment to the
billboard consent decree with Palm Beach Memorial Park. This will stop the annexation discussions with Palm Beach
Memorial Park and cause Sam's Club to either abandon their business expansion plans, seek annexation to the Town of
Lantana or secure approval of their expansion plan from Palm Beach County even though they prefer annexation into
Boynton Be~h.}
J /J
c\<~~~ ~~1
Department Head's Signature ~anager's Slg;-ture
Assistant to City Manager _ ~
City Attorney I Finance
Department Name
S \BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH V/cITT,rr' t, . i..tJ~1t6~n
AGENDA ITEM REQUEST FORM . . . J 6rFICE
09 HAY -6 PM 12: 23
Requested City
Commission Meeting
Dates
Date Final FOlUl Must be
Twned in to City Clerk's
Office
Requested City
Commission Meetiru!
Dates
Date Final FOlUl Must be
Turned in to City Clerk's
Office
19,2009
June 16, 2009
June 1, 2009 oon
5,2009
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM X Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve resolution No. 09_ authorizing the City's participation in a subsidized work
experience program funded by the American Recovery and Reinvestment Act of 2009 (ARRA), an agreement with
Workforce Alliance, Inc. to participate in the Workforce Investment Act Eligible Youth and Adult Participants program.
EXPLANATION: On February 17,2009, R09-036, a Non-Financial Agreement by and between Workforce Alliance and
the City of Boynton Beach was approved by Commission to participate in the Community Service & Work Experience
Program. The City desires to expand its partnership with Workforce Alliance, Inc. to be able to participant in additional
work experience programs as they become available. Due to stimulus funding through the American Recovery and
Reinvestment Act of 2009, a new program is now available. The Workforce Investment Act Eligible Youth and Adult
Participants is a Summer Youth Employment and Training Program 2009. (Exhibit I) This summer employment
program will introduce young people ages 18-24 to a range of valuable work experiences throughout the City.
PROGRAM IMPACT:
· The City would become a work site for the Summer Youth Employment and Training Program.
· No current employees will be displaced by this program.
· Workforce Alliance, Inc. will pay participants wages and provide workers compensation coverage.
· Participants may work up to thirty (30) hours per week for five weeks. (July 6 through August 14)
· The Workforce Investment Act Eligible Youth and Adult Participants, Summer Youth Employment and Training
Program 2009, is mutually beneficial to the citizens of our City.
FISCAL IMPACT: There is no fiscal impact to the City.
ALTERNATIVES: Do not approve participation in the American Recovery and Reinvestment Act of 2009, Workforce
Investment Act Eligible Youth and Adult Participants through an agreement with Workforce Alliance, Inc. therefore,
summer training opportunities at the City, funded by the ADRA, will not be available to eligible youth.
S:\HR\Agenda Items\Agenda Items 2009\Workforce Alliance Workforce Investment Act of 2009 Youth & Adults Agenda
Item May 19 09.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~~
ity Manager's Signature
~
Human Resources
Assistant to City Manager
~-x
Department Name
City Attorney / Finance
S:\HR\Agenda Items\Agenda Items 2009\Workforce Alliance Workforce Investment Act of 2009 Youth & Adults Agenda
Item May 19 09.doc
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RESOLUTION NO. R 09-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE EXECUTION BY THE CITY
MANAGER OF AN AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND WORKFORCE
ALLIANCE, INC., TO PARTICIPATE IN THE
WORKFORCE INVESTMENT ACT ELIGIBLE YOUTH
AND ADUL T PARTICIPANTS PROGRAM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by entering into this Agreement the City would agree to provide a work
site designed to introduce young people ages 18-24 to a range of valuable work experiences
throughout the City; and
WHEREAS, upon recommendation of staff, the City Commission has determined
that it is in the best interests of the citizens and residents of the City to approve and authorize
execution of an Agreement between the City of Boynton Beach and Workforce Alliance,
Inc., for the Workforce Investment Act Eligible Youth and Adult Participants program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
hereby approve and authorize execution by the City Manager of an Agreement between the
City of Boynton Beach and Workforce Alliance, Inc., for the Workforce Investment Act
Eligible Youth and Adult Participants program, a copy of which is attached hereto as Exhibit
S:\CA\RESO\Agreements\Workforce Alliance (Youth and Adult Participants).doc
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Section 3.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this.~ day of May, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor~ Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
38
(Corporate Seal)
S:\CA\RESO\Agreements\Workforce Alliance (Youth and Adult Participants).doc
* EXHIBIT
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AGREEMENT NO.
BETWEEN
WORKFORCE ALLIANCE, INC.
AND
For the Provision of a Subsidized Work Experience for Workforce Alliance, Inc.,
American Recovery and Reinvestment Act of 2009, Workforce Investment Act Eligible
Youth and Adult Participants
This AGREEMENT, entered into this _day of , 2009, by and
between Workforce Alliance, Inc., hereinafter referred to as ALLIANCE, having its
principal office at 315 South Dixie Highway, Suite 102, West Palm Beach, Florida 33401
AND , hereinafter referred to as CONTRACTOR
existing under and by virtue of the laws of the State of Florida as a
(Type of Organization) having its
principal office at
WHEREAS, ALLIANCE has entered into an agreement for the implementation of
workforce development programs and activities; AND
WHEREAS, CONTRACTOR is desirous of providing work experience
opportunities for ALLIANCE participants;
NOW THEREFORE, in consideration of the promises and the mutual covenants
and obligations herein contained, and subject to the terms and conditions hereinafter
stated, the Parties hereto agree and understand as follows.
1. The program to be provided shall be a work experience, wherein a youth, or adult
(also referred to as participant(s) is referred to CONTRACTOR by the ALLIANCE
Career Center and is given job functions to perform under the supervision of
CONTRACTOR's staff in accordance with and for a time period specified in a job
order completed for each participant.
a. There shall be a job order for each participant.
b. The job order shall state maximum number of hours per week the participant
shall be engaged in a work experience.
c. The job order shall state the total maximum number of weeks or months a
participant may be employed in the work experience. Participation in a work
experience activity will vary from individual to individual. The length of a youth
summer work experience shall be communicated pursuant to the notice
provisions in paragraph 13. of this Agreement in addition to being stated in the
youth's job order.
Page1of17
Work Experience 2009 Municipalities and Other Not County 4-27-09
d. The job order shall detail the duties the participant shall be expected to perform
and the location or office that the participant must report to each day for the
length of his/her work experience.
e. The job order must be signed by both a representative of CONTRACTOR that
will serve as a work site for the participant during the tenure of his/her work
experience and by the assigned ALLIANCE Program Manager/representative.
f. The completed job order shall be incorporated by reference into this Agreement
as if set forth in its entirety herein.
g. CONTRACTOR agrees not to refer participants to worksites outside of their own
organization.
2. ALLIANCE shall ensure payment is made to participants for the hours spent in a
work experience. Payment to participants by the outside employment servicer shall
be reimbursed by ALLIANCE pursuant to a separate agreement between ALLIANCE
and the outside employment servicer. Each participant shall be informed by
ALLIANCE prior to his/her referral to CONTRACTOR regarding the pay the outside
employment servicer is to receive.
a. CONTRACTOR shall not require participants to work hours in excess of those
recorded on the job order.
b. ALLIANCE shall be responsible for reimbursement of participants' wages only up
to the hours that are set forth in the job order. Participants shall only be paid for
time actually worked.
c. ALLIANCE will not pay for overtime, holidays, vacation, sick or other leave or
time off from the job. CONTRACTOR shall ensure participants do not work
overtime or on holidays. There shall be no other benefits or payments due and
owing to participants other than those expressly stated herein.
d. ALLIANCE shall arrange for the picking up participant of time sheets and
distributing participant paychecks.
e. CONTRACTOR agrees to use the timesheets provided by ALLIANCE to record
each participant's time and shall assure that participant time sheets are accurate
and that time worked is recorded in segments of fifteen minutes.
3. ALLIANCE shall arrange for all participants to be covered by Workers Compensation
Insurance.
a. CONTRACTOR shall inform ALLIANCE or their ALLIANCE Career Center
contact immediately of any problem concerning participant's performance at a
worksite or in the event of an accident or injury to the participant occurring at the
work site.
Page 2 of 17
Work Experience 2009 Municipalities and Other Not County 4-27-09
4. CONTRACTOR agrees to supervise all participants placed into a work experience
with CONTRACTOR's company.
a. CONTRACTOR agrees to identify a direct and alternate supervisor for each
participant assigned to a work experience activity in CONTRACTOR's company.
b. CONTRACTOR agrees to require the supervisor and his/her alternate to attend
Work Site Supervisors Training that will be scheduled by ALLIANCE.
c. Each worksite supervisor and his/her alternate shall receive a copy of the
Supervisor's Handbook and the job order applicable to each participant under
such supervisor's supervision, and shall assign the participant duties in
accordance with the job order.
d. The supervisor or his/her alternate shall be responsible for monitoring participant
time and attendance and for signing the work experience participant(s) time
sheets.
e. CONTRACTOR agrees not to reassign participant worksites without first notifying
ALLIANCE's written consent.
f. CONTRACTOR agrees to assign participants to worksites that are sanitary, safe
and comply with OSHA and state and local worksite regulations. Participants
may not be employed in the construction, operation, or maintenance of any
facility currently used or those are intended to be used for sectarian instruction or
as a place of religious worship, and may not be employed in any sectarian
activities.
g. CONTRACTOR shall allow ALLIANCE and its funding agency representatives to
visit participant work sites for the purpose of monitoring the work experience
program.
h. CONTRACTOR agrees to maintain records and files pertaining to the work
experience program for five (5) years and to allow ALLIANCE, the State of
Florida, and the United States Departments of Labor or Health and Human
Services to monitor the work experience program.
5. Compliance with Laws
a. CONTRACTOR shall comply with all applicable federal, state, and local laws,
codes, ordinances, rules, and regulations in performing its duties, responsibilities,
and obligations related to this Agreement.
b. CONTRACTOR shall comply with Federal and State Child Labor Laws as they
apply to youth participants.
Page30f17
Work Experience 2009 Municipalities and Other Not County 4-27-09
6. Indemnification
a. Applicable to Governmental Entities
CONTRACTOR is a state agency or subdivision as defined in Chapter 768.28,
Florida Statutes, and agrees to be fully responsible for acts and omissions of its
officers, agents, and employees to the extent permitted by law. Nothing herein is
intended to serve as a waiver of sovereign immunity by CONTRACTOR to which
sovereign immunity may be applicable. Nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be sued by third
Parties in any matter arising out of this Agreement or any other contract.
b. Applicable to not-for profit organizations
To the extent not otherwise prohibited or limited by Florida law or Federal law or
regulation, and without waiving any defense or immunity, Contractor shall be liable,
and agrees to be liable for, and shall indemnify, defend, and hold harmless the
Alliance, any Director, employee, or agent, officers, heirs, and assignees employees,
and the Palm Beach County Board of County Commissioners from liability of any
nature and kind, including costs, expenses, and attorney's fees, for or on account of
any actions, suits or damages of any character whatsoever arising out of any
negligent act or omission of the Contractor or any employee, agent, subcontractor, or
representative of the Contractor.
Contractor further agrees to indemnify, save harmless and defend the Palm Beach
County Board of Commissioners, its agents, servants, and employee harmless from
any and all demand or cause of action, suits, judgments, or damages including court
costs and attorney's fees of whatsoever kind or nature arising out of arising out of any
conduct or misconduct, intentional acts, negligence, or omissions by the Contractor,
or its employees or agents, in the course of the operations of this Agreement,
including any claim or actions brought under Title 42 USC 91983, the Civil Rights
Act and for which the Palm Beach County Board of Commissioners, its agents,
servant of employees are alleged to be liable.
7. Maintenance of Effort
a. Participants may not be placed in positions previously filled by an individual who
is laid off from the same or a substantially equivalent job.
b. Participants may not be placed into a position created when CONTRACTOR has
terminated the employment of any regular employee or otherwise reduced its
workforce with the intention of filling the vacancy created by hiring a participant or
employee whose wages are subsidized by the ALLIANCE or paid for with
ALLIANCE funds.
c. If a collective bargaining agreement is in force in CONTRACTOR's organization
for training positions which will be filled by work experience participants,
CONTRACTOR agrees to obtain written concurrence from the bargaining agent
Page 4 of 17
Work Experience 2009 Municipalities and Other Not County 4-27-09
d. CONTRACTOR shall not permit participants to displace currently employed
workers including partial displacement such as a reduction in the hours of non-
overtime work, wages or employment benefits.
e. CONTRACTOR may not impair current contracts for services or collective
bargaining agreements or substitute federal funds made available by this
Agreement to subsidize work that would otherwise be performed by the
CONTRACTOR.
f. CONTRACTOR shall not create a job for a participant or an individual employed
to carry out the obligations under this Agreement, which will infringe in any way
upon the promotional opportunities of a currently employed individual.
8. Employment Opportunity and Americans With Disabilities Act
a. CONTRACTOR shall comply with all federal, state, and local laws, codes,
ordinances, rules, and regulations, in performing its duties, responsibilities and
obligations pursuant to this Agreement.
b. CONTRACTOR shall comply with the prohibitions against discrimination in, the
Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act, in Title IX
of the Education Amendments of 1972, and under Title VI of the Civil Rights Act
of 1964 with respect to the performance of their obligations under this
agreement, and shall comply with the physical and programmatic accessibility
and reasonable accommodations requirements of section 504 of the Vocational
Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act
of 1990 as amended.
c. CONTRACTOR understands and agrees that no qualified disabled individual
shall, on the basis of disability, be excluded from participation in, be denied the
benefits of, or otherwise be subject to discrimination.
d. CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities in its use or expenditure of the funds or any portion of
the funds provided by this Agreement and shall affirmatively comply with all
applicable provisions of the Americans with Disabilities Act (ADA) in the course
of providing any services funded in whole or in part by ALLIANCE, including
Titles I and II of the ADA (regarding nondiscrimination on the basis of disability),
and all applicable regulations, guidelines, and standards. In addition,
CONTRACTOR shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff, termination, rates of pay, other forms of
compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
e. CONTRACTOR's decisions regarding delivery of services under this Agreement
shall be made without regard to or consideration of race, age, religion, color,
gender, national origin, marital status, political affiliation, or physical or mental
Page 5 of 17
Work Experience 2009 Municipalities and Other Not County 4-27-09
disability political affiliation, or any other factor that cannot be lawfully used as a
basis for service delivery.
9. Insurance
a. Applicable to not-for profit organizations and for profit organizations.
I. To ensure the indemnification obligation contained above in paragraph 6.,
Contractor shall, at a minimum, provide, pay for, and maintain in force at all
times during the term of this Agreement, the insurance coverage's set forth in
subsections iii, iv, and v, below in accordance with the terms and conditions
required by this Article. Each insurance policy shall clearly identify the
foregoing indemnification as insured.
II. Such policy or policies shall be without any deductible amount unless
otherwise agreed to by the Parties and shall be issued by approved
companies authorized to do business in the State of Florida, and having
agents upon whom service of process may be made in Palm Beach County,
Florida. CONTRACTOR shall specifically protect ALLIANCE by naming
ALLIANCE and the outside employment service as additional insureds under
the Comprehensive General or Commercial Liability Policy only.
iii. Comprehensive General or Commercial Liability Insurance.
A Comprehensive General or Commercial Liability Insurance Policy shall be
provided which shall contain minimum limits of One Million Dollars
($1,000,000) per occurrence combined single limit for bodily injury liability and
property damage liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive General or
Commercial Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office and must include:
. Premises and/or operations.
. Independent contractors.
· Products and/or Completed Operations for contracts.
· Broad Form Contractual Coverage applicable to this specific Contract,
including any hold harmless and/or indemnification agreement.
· Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
Page 6 of 17
Work Experience 2009 Municipalities and Other Not County 4-27-09
iv. Business Automobile Liability.
If participants will be required to drive as a part of their work experience
CONTRACTOR shall maintain Business Automobile Liability with minimum
limits of One Million Dollars ($1,000,000) per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability. Coverage must
be afforded on a form no more restrictive than the latest edition of the
Business Automobile Liability policy, without restrictive endorsements, as filed
by the Insurance Services Office, and must include:
. Owned Vehicles.
. Hired and Non-Owned Vehicles.
· Employers' Non-Ownership.
v. CONTRACTOR shall furnish ALLIANCE in accordance with the Notice
Provisions under this Agreement with certified copies of Certificates of
Insurance or endorsements evidencing the insurance coverage's specified by
this Article prior to the placement of participants at CONTRACTOR worksites.
VI. Coverage is not to cease and is to remain in force (subject to cancellation
notice) until all performance required of CONTRACTOR is completed. All
policies must be endorsed to provide ALLIANCE with at least thirty (30) days
notice of cancellation and/or restriction. If any of the insurance coverage's will
expire prior to the completion of the work, copies of renewal policies shall be
furnished at least thirty (30) days prior to the date of their expiration.
b. Applicable to Governmental Entities.
Contractor state or municipal agencies or subdivisions defined by Section
768.28, Florida Statutes, shall furnish to ALLIANCE upon request, written
verification of liability protection in accordance with State law.
10.Amendment
This Agreement may be amended by either party by submitting the proposed changes
to the other party in accordance with paragraph 13., Notice, under this Agreement. No
such change shall become effective until a formal amendment to this Agreement is
executed by both Parties.
11.Agreement Term
This Agreement is effective upon execution by both ALLIANCE and CONTRACTOR, for
a term of three (3) years ("Initial Term"); provided however, the Parties may terminate
this Agreement earlier as provided for under Section 15., entitled "Termination." This
Agreement may be renewed for an additional term of up to three (3) years prior to the
expiration of the Initial Term through a formal amendment executed by the parties.
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Work Experience 2009 Municipalities and Other Not County 4-27-09
12. Incorporation By Reference
The following are incorporated into and made a part of this Agreement:
a. Child Labor Laws (29 USC 203): Occupations Particularly Hazardous for the
Employment of Minors Between Sixteen (16) and Eighteen (18) Years of Age or
Detrimental to Their Health or Well-being (subpart E), and
b. The Assurances and Certifications Exhibit A.
13. Notice
a. Whenever any party wishes to give notice to the other party, such notice shall be
in writing, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place specified, and the
place for giving of the notice shall remain such until it is changed by written
notice in compliance with the provisions of this paragraph. For the present,
ALLIANCE and CONTRACTOR designate the following as the respective places
for giving of notice, to-wit:
Notice to ALLIANCE shall be addressed to:
ATTN: President/CEO
Workforce Alliance, Inc.
315 South Dixie Highway, Suite 102, West Palm Beach, Florida 33401
Notice to CONTRACTOR shall be addressed to:
b. The name and address of the ALLIANCE, Career Center Contact, or the youth
monitor, or the career consultant contact shall be the ALLIANCE representative
named on the job order In the event that different representatives are designated
by either party notice of the name and address of the new representative shall be
provided in writing to the other party.
14.Assignment
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by CONTRACTOR.
15. Termination
This Agreement may be terminated by either party for convenience by giving the other
party not less than fifteen (15) days written notice as provided for in paragraph 13.
herein. This Agreement may also be terminated by the ALLIANCE President/CEO
Page 8 of 17
Work Experience 2009 Municipalities and Other Not County 4-27-09
immediately upon notice in the event the ALLIANCE President/CEO determines that
termination is necessary to protect the health, safety, or the welfare of any participant or
participants placed within CONTRACTOR's company.
16. Materiality and Waiver of Breach
ALLIANCE and CONTRACTOR agree that each requirement, duty, and obligation set
forth herein is substantial and important to the formation of this Agreement and that
each is, therefore, a material term hereof. ALLIANCE's failure to enforce any provision
of this Agreement shall not be deemed a waiver of such provision or modification of this
Agreement. A waiver of any breach of a provision of this Agreement shall not be
deemed a waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Agreement.
17. Severance
In the event this Agreement or a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless ALLIANCE or CONTRACTOR elects to terminate this Agreement. The
election to terminate this Agreement based upon this provision shall be made within
thirty (30) days after the finding by the court becomes final.
18. Joint Preparation
The parties hereto (the "Parties") acknowledge that they have sought and received
whatever competent advice and counsel as was necessary for them to form a full and
complete understanding of all rights and obligations herein and that the preparation of
this Agreement has been a joint effort of the Parties, the language has been agreed to
by Parties to express their mutual intent and the resulting document shall not, solely as
a matter of judicial construction, be construed more severely against one of the Parties
than the other.
19. Priority of Provisions
If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or
any document incorporated into this Agreement by reference and a term, statement,
requirement, or provision of this Agreement, the term, statement, requirement, or
provision contained in this Agreement shall prevail and be given effect.
20. Applicable Law And Venue
This Agreement shall be interpreted and construed in accordance with and governed by
the laws of the State of Florida. All Parties agree and accept that jurisdiction of any
controversies or legal problems arising out of this Agreement, and any action involving
the enforcement or interpretation of any rights hereunder, shall be exclusively in Palm
Beach County, Florida, and venue for litigation arising out of this Agreement shall be
exclusively in Palm Beach County, Florida forsaking any other jurisdiction which either
party may claim by virtue of its residency or other jurisdictional device. BY ENTERING
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Work Experience 2009 Municipalities and Other Not County 4-27-09
INTO THIS AGREEMENT, ALLIANCE AND CONTRACTOR HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO THIS AGREEMENT.
21. Prior Agreements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the Parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained
in this document. Accordingly, the Parties agree that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or
written. It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document
utilizing the same formalities as this Agreement.
22. Third Party Beneficiaries
The Parties agree that there are no third party beneficiaries to this Agreement and that
no third party shall be entitled to assert a claim against either of them based upon this
Agreement. The Parties expressly acknowledge that it is not their intent to create any
rights or obligations in any third person or entity under this Agreement.
23. Contract Administrator/Designated Representative
For CONTRACTOR, the Contract Administrator is
or such other designee as shall have been communicated to ALLIANCE in writing and
accepted by ALLIANCE in writing. For ALLIANCE, the Designated Representative is the
ALLIANCE PresidenUCEO. In the administration of this Agreement, as contrasted with
matters of policy, the Parties may rely upon instructions or determinations made by
CONTRACTOR'S Contract Administrator and ALLIANCE's PresidenUCEO provided,
however, that such instructions and determinations do not change the terms of this
Ag reement.
24. Independent Contractor
CONTRACTOR understands and agrees that it is an independent contractor within the
scope of this Agreement and no provision of this Agreement shall be construed as
creating any other agency or any employment relationship between ALLIANCE and
CONTRACTOR or CONTRACTOR's employees.
25. Representation of Authority
Each individual executing this Agreement on behalf of a party hereto hereby represents
and warrants that he or she is, on the date he or she signs this Agreement, duly
authorized by all necessary and appropriate action to execute this Agreement on behalf
of such party and does so with full and legal authority.
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Work Experience 2009 Municipalities and Other Not County 4-27-09
26. Monitoring
At any time and as often as Alliance, the State of Florida, United States Department of
Labor, Comptroller General of the United States, the Inspector General of the United
States and the State of Florida, or their designated agency or representative may deem
necessary, Contractor shall make available all appropriate personnel for interviews and all
financial, applicant, or participant books, documents, papers and records or other data
relating to matters covered by this Agreement, for examination and/or audit, and/or for the
making of excerpts or copies of such records for the purpose of auditing and monitoring
activities and determining compliance with all applicable rules and regulations, and the
provisions of this Agreement. The above referenced records shall be made available at the
Contractor's expense, at reasonable locations as determined by ALLIANCE.
27. Multiple Originals
This Agreement may be executed in two (2) copies, each of which shall be deemed to
be an original.
REMAINDER OF PAGE INTENTIONALLY BLANK
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Work Experience 2009 Municipalities and Other Not County 4-27-09
IN WITNESS WHEREOF, the Parties have made and executed this Agreement For the
Provision of a Subsidized Work Experience to ALLIANCE, American Recovery and
Reinvestment Act of 2009 , Workforce Investment Act Eligible Youth and Adult Program
Participants on the respective dates under each signature:
APPROVED BY:
WORKFORCE ALLIANCE, INC.
(Alliance)
APPROVED BY:
(Contractor)
BY:
Signed Authorized Contractor
Representative
BY:
Signed Alliance President/CEO,
Kathryn Schmidt
Name Printed Authorized
Contractor Representative
WITNESS:
WITNESS:
DATE
DATE
APPROVED AS TO FUNDS AVAILABILITY
BY: DATE:
Alliance Chief Financial Officer, Erica Scarpati
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
BY: DATE:
Alliance General Counsel, David H. Baker
Page 12 of 17
Work Experience 2009 Municipalities and Other Not County 4-27-09
EXHIBIT A. ASSURANCES AND CERTIFICATIONS
CONTRACTOR in performing their responsibilities under this Agreement hereby
certifies and assures, by their signature to the Agreement that they will fully comply with
the following:
A. Assurances - Non-Construction Proarams (SF 424 B)
B. Debarment and Suspension Certification (29 CFR Part 98)
C. Certification Reaardina Lobbvina (29 CFR Part 93)
D. Drua Free Workplace Certification (29 CFR Part 98)
E. Nondiscrimination & Eaual Opportunity Assurance (29 CFR Part 37)
A. ASSURANCES - NON-CONSTRUCTION PROGRAMS. NOTE: Certain of these
Assurances may not be applicable to the project or program.
CONTRACTOR agrees to:
1. Give the U.S. Departments of Agriculture, Health and Human Services and the
Labor, the Comptroller General of the United States, and if appropriate, the State of
Florida, through any authorized representative, access to and the right to examine
all records, books, papers, or documents related to this agreement; and will
establish a proper accounting system in accordance with generally accepted
accounting standards or state directives.
2. Comply with all Federal statutes relating to nondiscrimination. These include but are
not limited to: (a) Title VI of the Civil Rights Act of 1964 (P. L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of handicaps; (c) Section 504 of
the Rehabilitation Act of 1973, as amended (29 U.S.C. '794), which prohibits
discrimination on the basis of handicaps: (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age;
(e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended,
relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of
1912 (42 U.S.C. 290 dd.3 and 290 ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights act of 1968
(42 U.S.C. 3601 et seq.) as amended, relating to nondiscrimination in the sale, rental
or financing of housing; (I) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and U) the
requirements of any other non-discrimination statute(s) which may apply to the
application.
Page 13 of 17
Work Experience 2009 Municipalities and Other Not County 4-27-09
3. Comply with the provisions of the Hatch Act (U.S.C. 1501-1508 and 7328) which
limit the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds.
4. Comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a
to 276a7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874, and the Contract
Work Hours and Safety Standards Act (40.327-333), regarding labor standards for
federally assisted construction subagreements.
5. Comply with environmental standards which may be prescribed pursuant to the
following: (a) institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P,L. 91-190) and Executive Order (EO) 11514; (b)
notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance
with EO 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et. seq.); (f) conformity of Federal actions to State (Clear Air)
Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as
amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking
water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and
(h) protection of endangered species under the Endangered Species Act of 1973, as
amended, (P.L. 93-205).
6. Perform annual financial and compliance audits in accordance with the single Audit
Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local
Governments, and Non-Profit Organizations."
7. Comply with all applicable requirements of all other Federal laws, executive order,
regulations and policies governing this program.
B. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTION.
The Parties certify to the best of their knowledge and belief, that each party and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
2. Within a three-year period preceding this proposal, have not been convicted nor
have had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
Page 14 of 17
Work Experience 2009 Municipalities and Other Not County 4-27-09
3. Are not presently indicted or otherwise criminally or civilly charged by a government
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (1 )(b) of this certification; and,
4. Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State, or local) terminated for cause of default.
C. CERTIFICATION REGARDING LOBBYING - Certification for Contracts, Grants,
Loans, and Cooperative Agreements.
The Parties certify, to the best of their knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan
or cooperative agreement. If any funds other than Federally appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employees of
Congress, or employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the Parties shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
D. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS.
Pursuant to the Drug-Free Workplace Act of 1988 and its implementing regulations
codified at 29 C.F.R Section 98, Subpart F. I, the Parties, attest and certify that they will
provide a drug-free workplace by taking the following actions.
1. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
the Grantee's workplace and specifying the actions that will be taken against
employees for violation of such prohibition.
2. Establishing an ongoing drug-free awareness program to inform employees
concerning:
a. The dangers of drug abuse in the workplace.
b. The policy of maintaining a drug-free workplace.
c. Any available drug counseling, rehabilitation and employee assistance programs.
Page 15 of 17
Work Experience 2009 Municipalities and Other Not County 4-27-09
d. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of
the contract be given a copy of the statement required by paragraph 1.
4. Notifying the employee in the statement required by paragraph 1 that, as a condition
of employment under the contract, the employee shall:
a. Abide by the terms of the statement.
b. Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five (5) calendar days after
such conviction.
5. Notifying the State Agency for Workforce Innovation in writing ten (10) calendar days
after receiving notice under subparagraph 4.b. from an employee or otherwise
receiving actual notice of such conviction.
6. Taking one of the following actions, within thirty (30) calendar days of receiving
notice under subparagraph 4.b., with respect to any employee who is so convicted.
a. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973 as amended.
b. Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State or
local, health, law enforcement or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of this entire certification.
Although it is not required that either party provide the workplace address under the
contract, as of the date of final execution of the Agreement into which this document
is incorporated the specific sites are known and the Parties shall provide the specific
addresses of such sites. Provided, however, if any of the identified places change
during the performance of the contract, ALLIANCE shall be informed of such
changes. The following are the sites for the performance of work done in connection
with the specific contract including street address, city, county, state and zip code:_
Check ( ) if there are workplaces on file that are not identified here.
Check ( ) if an additional page was required for the listing of the workplaces.
Page 16 of 17
Work Experience 2009 Municipalities and Other Not County 4-27-09
E. NONDISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE:
The Parties agree they will comply fully with the nondiscrimination and equal opportunity
provisions of the following laws:
1) Section 188 of the Workforce Investment Act of 1998 (WIA) which prohibits
discrimination against all individuals in the United States on the basis of race, color,
religion, sex national origin, age disability, political affiliation, or belief, and against
beneficiaries on the basis of either citizenship/status as a lawfully admitted
immigrant authorized to work in the United States or participation in any WIA Title I B
financially assisted program or activity;
2) Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination
on the basis of race, color and national origin;
3) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination against qualified individuals with disabilities;
4) The Age Discrimination Act of 1975, as amended, which prohibits discrimination on
the basis of age; and
5) Title IX of the Education Amendments of 1972, as amended, which prohibits
discrimination on the basis of sex in educational programs. The Parties also assure
that they will comply with 29 C.F.R. Part 37 and all other regulations implementing
the laws listed above. This assurance applies to operation of the WIA Title I -
financially assisted program or activity, and to all agreements the made to carry out
the WIA Title I - financially assisted program or activity. It is understood that the
Agency for Workforce Innovation and the United States have the right to seek
judicial enforcement of such assurances.
Page 17 of 17
Work Experience 2009 Municipalities and Other Not County 4-27-09
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.3
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 Aoril 6, 2009 (Noon) 0 June 16, 2009 June I, 2009 (Noon)
0 May 5, 2009 Aoril 20, 2009(}JOon) 0 July 7, 2009 June 15, 2009 (Noon)
r8J May 19, 2009 Mav 4, 2009 moon) 0 Julv 21, 2009 July 6,2009 (Noon)
0 June 2, 2009 Mav 18,2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM r8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to adopt a Resolution to assess the cost of nuisance abatement on properties within the City
of Boynton Beach.
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 30-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 30-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 a certified copy of 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 certified copy of the Resolution is sent to the County for recording.
Thirty days after a certified copy of the Resolution is recorded, the property owners will receive, by certified mail, a certified
copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum.
PROGRAM IMPACT:
FISCAL 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.
liens on the pro~ rties and not collect for the service
City Manager's Signature
(j#1/
~sistant to City Manager
~
City Clerk's Office City Attorney / Finance
S:\CC\WP\LOT MOWING ASSESSMENTS\AGENDA MEMOS\Agenda Item Request for 03-25-09 Letters - #4.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. 09-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA ASSESSING THE COSTS OF
5 ABATEMENT OF CERTAIN NUISANCES
6 AGAINST THE OWNERS OF THE PROPERTIES
7 ' INVOL VED; AND PROVIDING AN EFFECTIVE
8 DATE.
9
10
11
12 WHEREAS, in February, 2009, 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 effort to recoup these costs with
17 no response; and
18
19 WHEREAS, said nuisance was not abated as required; and,
20
21 WHEREAS, on March 25, 2009, 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 above-described nuisance as to the parcels of land, owned and indicated to wit:
43
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45 SEE ATTACHED COMPOSITE EXHIBIT "A"
46
S:\CA\RESO\Legislative Actions\Nuisance Abatement Liens 051909.doc
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(Charges cover Invoices dated February, 2009)
Subject amount is hereby assessed as liens against said parcels of land as
indicated, plus an additional administrative charge of $30.00 for each Lien.
Liens shall be of equal dignity with the taxes there from for the year 2009, and
shall be enforced and collected in like manner pursuant to applicable
provisions of law. In the event collection proceedings are necessary, the
property owner shall pay all costs of the proceedings, including reasonable
attorneys fees.
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED tbis _ day of May, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner ~ Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
{Corporate Seal}
S:\CA\RESO\Legislative Actions\Nuisance Abatement Liens 051909.doc
FirstName LastName Company StreetAddress CityStateZlp Invoice# CEB# PCN# Salutation #ofdays Dollars lienAmt
International 2234 N. Federal Hwy. #303 Boca Raton FL 33431 23931 09-216 084345281 To Whom It 41 398.09 428.09
Investment One 10000370 May Concern
LLC
Virginia Garcia 281 NW 28th Ave Boynton Beach FL 23930 08-3859 084345160 Ms. Garcia 41 398.09 428.09
33435 10200310
Gewinner W. Garrison III 200 Brookhaven Place Canton GA 30114 23929 08-3860 084345150 Mr. Garrison 41 398.09 428.09
- 70110140
Nationwide 2234 N. Federal HWY #303 Boca Raton FL 33431 2395S 09-08 084345281 To Whom It 41 398.09 428.09
Assets Inc 00130081 May Concern
Nationwide 2234 N. Federal HWY #303 Boca Raton FL 33431 23956 09-13 084345281 To Whom It 35 398.09 428.09
Assets I nc 00130041 May Concern
Nationwide 2234 N. Federal HWY #303 Boca Raton FL 33431 23957 09-14 084345281 To Whom It 35 398.09 428.09
Assets I nc 00130010 May Concern
International 2234 N. Federal HWY #303 Boca Raton FL 33431 23958 09-19 084345281 To Whom It 35 398.09 428.09
Investment One 10000460 May Concern
-- LLC
International 2234 N. Federal HWY #303 Boca Raton FL 33431 23959 09-16 084345281 To Whom It 35 398.09 428.09
Investment One 10000480 May Concern
LLC
~ene A. Bean 1450 NW 1st Street Boynton Beach FL 23971 08-3814 084345160 Ms. Bean 32 398.09 428.09
33435 10380200
:Jesner Violette Estime 2216 NE RD ST Boynton Beach FL 23970 08-3853 084345150 To Whom It 31 398.09 428.09
33435 70160170 May Concern
S:\cc\WP\LOT MOWING ASSESSMENTS\PROCESS STEPS\year 2009\Data List for FIle #04 lot Mowing Liens' 03'2S-09.doc
VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
D A ri121, 2009
D Ma 5,2009
D June 16, 2009
D Jul
D Jul
D Au st 4, 2009
Jul
D
D Public Hearin
D
D
D Le al
D Unfinished Business
D
Jul
X Ma 19,2009
D June 2, 2009
NATURE OF
AGENDA ITEM
D AnnouncementslPresentations
D Administrative
X Consent A enda
RECOMMENDATION: Approve and execute, via a Resolution, the Interlocal Agreement between Palm Beach
County (PBC) and the City of Boynton Beach for participation in the Drowning Prevention Coalition (DPC)
Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at
the John Denson Pool.
EXPLANATION: For swimming lessons provided by the City, in exchange for the DPC Learn to Swim Program,
the County will pay the City its usual and customary fee per class. The vouchers are issued by the Learn to Swim
Program and are valued at a maximum of$50 per class.
PROGRAM IMPACT: Various swimming lesson classes are offered at the John Denson pool. All the classes are
open to the public and will not be restricted to voucher holders. The County will be invoiced monthly based on
the number of swimming lesson classes. We anticipate that the number of participants in these classes will
increase significantly.
FISCAL IMPACT: Direct expenses are covered by the registration fee for the swimming lesson classes.
ALTERNATIVES: Do not enter into the agreement and accept vouchers for swimming lessons.
~
City Manager's Signature
~
~~t,h
Department Head's Signa re
Department Name
.,e..ssistant to City Manager
"~
~
Recreation & Parks
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION R09-
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
6 THE MAYOR AND CITY CLERK TO EXECUTE AN
7 INTERLOCAL AGREEMENT BETWEEN PALM BEACH
8 COUNTY AND THE CITY OF BOYNTON BEACH FOR
9 P ARTICIP A TION IN THE DROWNING PRVENTION
10 COALITION LEARN TO SWIM PROGRAM; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, the County will pay to the City its usual and customary fee per swim class
15 for swimming lessons provided by the City in exchange for the Drowning Prevention Coalition
16 Learn to Swim Program; and
17 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
18 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
19 Beach to authorize execution of the lnterlocal Agreement with Palm Beach County for
20 participation in the Drowning Prevention Coalition Learn to Swim Program.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof
26
Section 2.
The City Commission of the City of Boynton Beach hereby authorizes
27 the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton
28 Beach and Palm Beach County for participation in the Drowning Prevention Coalition Learn to
29 Swim Program, a copy of said Agreement is attached hereto and made a part here as Exhibit
S:\CA\RESO\Agreemenls\lnterlocals\ILA with PBC for Drowning Prevention Swin Program. doc
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Section 3.
That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of May, 2009.
ATTEST:
-
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
--
Vice Mayor- Woodrow L Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
S:\CA\RESO\Agreements\lnterlocals\ILA with PBC for Drowning Prevention Swin Program.doc
INTERLOCAL AGREEMENT
FOR SWIMMING LESSONS
This Agreement is made as ofthe _ day of ,200_, by and between Palm Beach County,
a Political Subdivision of the State of Florida, by and through its Board of Commissioners,
hereinafter referred to as the COUNTY, and the City of Boynton Beach, a Florida municipal
corporation located in Palm Beach County, Florida. (hereinafter referred to as "MUNICIPALITY").
WHEREAS, COUNTY, through its Drowning Prevention Coalition's ("DPC") Learn to
Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at
designated aquatic facilities within Palm Beach County; and
WHEREAS, the parties desire to enter into this Agreement for MUNICIPALITY to provide
swimming lessons as part of the DPC Learn to Swim Program, and to define the parties'
responsibilities relating thereto.
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of
1969," authorizes local governments to make the most efficient use of their power by enabling them
to cooperate with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population and other factors influencing the
needs and development of local communities.
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, the COUNTY and the MUNICIPALITY agree as follows:
ARTICLE 1 - SERVICES
MUNICIPALITY shall offer and provide swimming lesson classes to individuals who present
vouchers issued by the DPC Learn to Swim Program. Each class to be offered and provided shall
consist of a series of at least six swimming lessons and shall be identified in Exhibit A, attached
hereto and incorporated herein. Exhibit A shall set forth the name, type, swimming level, dates,
location, minimum participation requirements, ifany, and MUNICIPALITY's usual and customary
fee for each class. MUNICIPALITY shall not charge voucher holders for any swim class for which
MUNICIPALITY's usual and customary fee is $50.00 or less. If MUNICIPALITY's usual and
customary fee for a swim class is more than $50.00, then the maximum fee that MUNICIP AUTY
may charge voucher holders for said class is its usual and customary fee minus $50.00. Said classes
may be open to the public and are not restricted to voucher holders.
The swimming lesson classes shall be provided at MUNICIPALITY'S aquatic facility.
MUNICIP ALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner and
in accordance with all safety and health standards and all other applicable laws and regulations.
MUNI CIP ALITY agrees to provide and maintain in proper working order all equipment necessary to
provide and maintain the services and facility as provided herein. MUNICIP AUTY represents and
1
warrants that its aquatic facility is in compliance, and shall continue to be in compliance, with
Section 514.031, Florida Statutes, all applicable rules and requirements of the State and County
Health Departments, and all other applicable laws, rules and regulations. Prior to execution of this
Agreement, MUNICIPALITY must provide to COUNTY copies of the facility's current operating
permit and most current inspection report, which must evidence a satisfactory inspection.
MUNICIPALITY shall perform the services set forth herein in accordance with all applicable
laws, rules and regulations, and in a competent, professional, safe and responsible manner with full
regard for the safety of the participants. MUNICIPALITY agrees and warrants that all swimming
instructors utilized by MUNICIPALITY to provide lessons hereunder shall be certified as required
by Section 514.071, Florida Statutes, and any other applicable laws, rules and regulations.
MUNICIP ALITY shall provide proof of such certifications to COUNTY'S representative upon
request. MUNICIP ALITY represents and warrants that it has in place, and shall continue to
maintain, a drug-free workplace policy.
ARTICLE 2 - COMMENCEMENT AND TERM
This Agreement shall commence on October 1, 2008 and shall remain in effect until September 30,
2009.
ARTICLE 3 - PAYMENTS TO MUNICIPALITY
A. For swimming classes provided by MUNICIPALITY in exchange for DPC Learn to Swim
Program vouchers, COUNTY shall pay MUNICIPALITY its usual and customary fee per
class as set forth in Exhibit A hereto, up to a maximum of$50.00 per class series provided
to a voucher holder. As provided in Resolution No. R-2005-1906, the total payments to all
swimming lesson providers utilized in the DPC Learn to Swim Program for each fiscal year
shall not exceed the amount budgeted by COUNTY for this purpose for said fiscal year.
B. MUNICIP ALITY shall invoice COUNTY monthly based on the number of swimming lesson
classes provided hereunder. Invoices shall include a list of the names and contact
information of students to whom lessons were actually provided, the name, dates, and times
of the classes provided, and any other documentation deemed necessary by COUNTY to
verify that services have been rendered in conformity with this Agreement and any applicable
DPC Learn to Swim Program criteria, policies and procedures.
ARTICLE 4 - TERMINATION
The COUNTY may terminate this Agreement at any time upon written notice to the
MUNICIP ALITY with or without cause and without penalty, damages or recourse against
COUNTY. MUNICIPALITY may terminate this Agreement upon thirty days (30) days' prior written
notice to the COUNTY.
2
ARTICLE 5 - PERSONNEL
The MUNICIPALITY represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the COUNTY.
All of the services required hereunder shall be performed by the MUNICIPALITY or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized and permitted under state and local law to perform such services.
The MUNICIPALITY warrants that all services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 - SUBCONTRACTING
MUNICIPALITY may not, without written approval of COUNTY, subcontract any rights,
responsibilities or obligations under this Agreement.
ARTICLE 7 - AVAILABILITY OF FUNDS
The COUNTY'S performance under this Agreement for subsequent fiscal years is contingent upon
annual appropriations for its purpose by the Board of County Commissioners and subject to the
provisions of Palm Beach County Resolution No. R-200S-1906. The MUNICIPALITY'S
performance under this Agreement for subsequent fiscal years is contingent upon annual
appropriations for its purpose by its governing body.
ARTICLE 8 - INSURANCE
Without waiving the right to sovereign immunity as provided by 5.768.28/5., MUNICIPALITY
acknowledges to be self-insured for General Liability and Automobile Liability under Florida
sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per
Occurrence; or such monetary waiver limits that may change and be set forth by the legislature.
In the event MUNICIPALITY maintains third-party Commercial General Liability and Business
Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28/s, MUNICIPALITY
shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit
for bodily injury or property damage.
MUNICIP ALITY agrees to maintain or to be self-insured for Worker's Compensation & Employer's
Liability insurance in accordance with Chapter 440, Florida Statutes.
When requested, MUNICIPALITY shall agree to provide an affidavit or Certificate of Insurance
3
evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to
recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and
obligations under this Agreement.
ARTICLE 9 - INDEMNIFICATION
Each party shall be liable for its own actions and negligence and, to the extent permitted by law,
COUNTY shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims
or damages arising out of COUNTY'S negligence in connection with this Agreement, and
MUNICIP ALITY shall indemnify, defend and hold harmless COUNTY against any actions, claims,
or damages arising out ofMUNICIP ALITY'S negligence in connection with this Agreement. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set
forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by
either party to indemnify the other party for such other party's negligent, willful or intentional acts or
omISSIons.
ARTICLE 10 - SUCCESSORS AND ASSIGNS
Neither party shall assign, delegate or otherwise transfer its rights and obligations as set forth in this
Agreement to any other entity without the prior written consent of the other party.
ARTICLE 11- REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to
enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any
party is intended to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any
right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision
of this Agreement is intended to, or shall be construed to, create any third-party beneficiary or to
provide any rights to any person or entity not a party to this Agreement.
ARTICLE 12 - CONFLICT OF INTEREST
The MUNICIPALITY 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 of services required
hereunder, as provided for in Chapter 112, Part III, Florida Statutes. The MUNICIPALITY further
represents that no person having any such conflict of interest shall be employed for said performance
of services.
4
The MUNICIPALITY shall promptly notifY the COUNTY's representative, in writing, by certified
mail, of all potential conflicts of interest of any prospective business association, interest or other
circumstance which may influence or appear to influence the MUNICIPALITY '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 the MUNICIPALITY may
undertake and request an opinion of the COUNTY as to whether the association, interest or
circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into
by the MUNICIPALITY. The COUNTY agrees to notifY the MUNICIPALITY of its opinion by
certified mail within thirty (30) days of receipt of notification by the MUNICIPALITY, If, in the
opinion ofthe COUNTY, the prospective business association, interest or circumstance would not
constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall so state in the
notification and the MUNICIPALITY 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
COUNTY by the MUNICIPALITY under the terms of this Agreement.
ARTICLE 13 - EXCUSABLE DELAYS
MUNICIP ALITY shall not be considered in default by reason of any failure in performance if such
failure arises out of causes reasonably beyond the control of MUNICIP ALlTY or its subcontractors
and without their fault or negligence. Such causes include, but are not limited to, acts of God, force
majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally
severe and unusual weather conditions.
Upon MUNICIP ALITY' S request, the COUNTY shall consider the facts and extent of any failure to
perform the work and, if the MUNICIPALITY'S failure to perform was without its or its
subcontractors fault or negligence, the Agreement schedule and/or any other affected provision of
this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate,
or stop any or all of the work at any time.
ARTICLE 14 - ARREARS
The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The
MUNICIP ALITY further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this Agreement.
ARTICLE 15 - PUBLIC RECORDS
The MUNICIPALITY shall comply with Florida's Public Records Law with regard to any
documents or other records relating to this Agreement.
5
ARTICLE 16 - INDEPENDENT CONTRACTOR RELATIONSHIP
The MUNICIPALITY is, and shall be, in the performance of all work services and activities under
this Agreement, an Independent Contractor, and not ari employee, agent, or servant of the COUNTY.
All persons engaged in any of the work or services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the MUNICIPALITY'S sole direction, supervision, and
control. The MUNICIPALITY shall exercise control over the means and manner in which it and its
employees perform the work, and in all respects the MUNICIPALITY'S relationship and the
relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as
employees or agents of the COUNTY.
The MUNICIPALITY does not have the power or authority to bind the COUNTY in any promise,
agreement or representation.
ARTICLE 17 - CONTINGENT FEES
The MUNICIPALITY warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the MUNICIPALITY 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 the MUNICIPALITY, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement.
ARTICLE 18 - ACCESS AND AUDITS
The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the work for at least three (3) years after completion or
termination of this Agreement. The COUNTY 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 the MUNICIPALITY'S place of business.
ARTICLE 19 - NONDISCRIMINATION
The MUNICIPALITY warrants and represents that aU 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.
ARTICLE 20 - AUTHORITY TO PRACTICE
The MUNICIPALITY 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 aU times conduct its
business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to
the COUNTY's representative upon request.
6
ARTICLE 21- SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such terms or provision, to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 22- PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in
furtherance hereof, the MUNICIPALITY 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 F.S. 287.133(3)(a).
ARTICLE 23 - SURVIVABILITY
Any covenant, agreement, representation, warranty or other provision of this Agreement that is of a
continuing nature or which by its language or its nature imposes an obligation that extends beyond
the term of this Agreement, including but not limited to representations relating to indemnification
and the disclosure or ownership of documents, shall survive the expiration or early termination of
this Agreement and the consummation of the transactions contemplated hereunder.
ARTICLE 24 - NOTICE
All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand
delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall
be addressed to:
Palm Beach County Fire-Rescue
405 Pike Road
West Palm Beach, FL 33411-3815
Attn: Fire-Rescue Administrator
If sent to the MUNICIPALITY, notices shall be addressed to:
City of Boynton Beach
Wilson Park John Denson Pool
225 N.W. 12th Ave
Boynton Beach, FL 33435
Attn: Suzette Peccerelli, Pool Supervisor
7
EXHIBIT IIAII
*LEARN TO SWIM PROGRAM
City of Boynton Beach John H. Denson PooL
225 NW 12th Avenue Boynton Beach Florida, 33435
Exhibit A
Parent and Tot. level A and B
Adult guardians will join their beginner children ages 5 & under, in an introductory class
to Levell. Children will learn basic water safety skills and the fundamentals of swimming
Time offered: 11 :00 a.m. - 11 :30 a.m.
Max Number: 12 Children per session
level I. Introduction to Water Skills:
Children will learn basic water safety and swimming skills at a beginner level in order to
progress to the intermediate Levell!.
Time offered: 9:00 a.m. - 9:30 a.m.
9:30 a.m. - 10:00 a.m.
10:00 a.m. -10:30 a.m.
10:30 a.m. -11:00 a.m.
Max Number: 12 Children per session
Ratio: 1 instructor for every 6 Children
Level II. Fundamental Aauatic Skills:
Children will learn basic water safety and swimming skills at an intermediate level in
order to progress to the advanced Level III.
Time offered: 9:00 a.m. - 9:30 a.m.
9:30 a.m. - 10:00 a.m.
10:00 a.m. -10:30 a.m.
10:30 a.m. - 11 :00 a.m.
Max Number: 6 Children per session
Ratio: 1 instructor for every 6 Children
level III. Stroke Development: Children will practice stroke refinement at an advanced
level in order to advance to a skilled semi-competitive level.
Time offered: 11 :30 a.m. -12:00 p.m.
Max Number: 10 Children per session
When: Tuesday - Friday
Session I
Session II
Session III
Session IV
Session V
June 9-June 19, 2009
June 23-July 3,2009
July 7 - July 17, 2009
July 21- July 31,2009
Aug 4- Aug 14, 2009
Cost: All Learn To Swim classes are $20 for residents and $25 for non-residents per
child, per session.
* All classes subject to change due to inclement weather or staffing issues.
9
VI.-CONSENT AGENDA
ITEM C.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Requested City Date Final Form Must be Requested City Date Final Form Musroe ~.
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerf;r :~
Dates Office Office
D April 21, 2009 April 6, 2009 (Noon) D June 16, 2009 June 1. 2009 (Noon)
D May 5, 2009 April 20, 2009 (Noon) D
[gI Mav ] 9, 2009 Mav 4, 2009 (Noon) D
D June 2, 2009 Mav 18, 2009 (Noon) D
D Announcements/Presentations D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM [gI Consent Agenda D Legal
D Code Comoliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Request to re-adopt Resolution 09-064 which was adopted by the City Commission on
April 21,2009, to add the phrase "as well as OIsuring that said changes are consistent with all prior year changeS' which is
required by the monitor for the State,
EXPLANATION:
See original Agenda Item Request Form
PROGRAM IMPACT:
See original Agenda Item Request Form
FISCAL IMPACT:
See original Agenda Item Request Form
AL TERNA TIY~S:
(
\
See original Agenda Item Request Form
~~
City Manager's Signature
~
gnature
Assistant to City Manager
City Attorney
Department Name
City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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RESOLUTION R09-064
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ADOPTING THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING
ASSISTANCE PLAN, FOR STATE FISCAL YEARS
2009/10, 2010/11, 2011/12, AS WELL AS INSURING
THAT SAID CHANGES ARE CONSISTENT WITH
ALL PRIOR YEAR CHANGES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in accordance with Florida Statutes Chapter 420, dedicated revenues
resulting from the William E. Sadowski Affordable Housing Act are distributed to various
municipalities that are "entitled" communities to assist with affordable housing efforts; and
WHEREAS, The Plan (attached hereto and made a part hereof) was initially
established in 1997 with input from citizens directly involved in the housing industry, and is
consistent with the housing element of the City's Comprehensive Plan; and
WHEREAS, the City finds pursuant to Chapter 420.3075(6), Florida Statutes, that
5% of the Local Housing Distribution is insufficient to adequately pay the necessary costs
of administering the Local Housing Assistance Plan, and intends to utilize the maximum
23 allowable distribution of 10%; and
24 WHEREAS, upon the recommendation of staff, the City Commission deems it to
25 be in the best interests of the citizens and residents of the City of Boynton Beach to adopt
26 the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29
Section I.
The foregoing "Whereas" clauses are true and correct and are hereby
S'\CA\RESO\Re-adopt 09-064 SHIP Housing Plan 200910.doc
ratified and confirmed by the City Commission.
2
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
3 adopts the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 2009/1 0,
4 20 I 0/11, and 2011/12, as well as insuring that said changes are consistent with all prior year
5 changes, subject to receipt of funding.
6
Section 3.
This Resolution shall become effective immediately upon passage.
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26 ATTEST:
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PASSED AND ADOPTED this _ day of May, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
29
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31 Janet M. Prainito, CMC
32 City Clerk
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36 (Corporate Seal)
37
S.\CA\RESO\Re-adopt 09-064 SHIP Housing Plan 200910.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.2
Requested City Date Final Form Must be Requested City
Commission Turned in to Commission
Meetin Dates Cit Clerk's Office Meetin Dates
~ A ril 21, 2009 0 June 16, 2009
0 Ma 5, 2009 0 Jul 7,2009
0 Ma 19,2009 0 Jul 21, 2009
0 June 2, 2009 0 Au ust 4, 2009
Date Final Form Must be
Turned in to
Cit Clerk's Office
Jul
C)
-
Jul
0 Announc e me nts / Pres e n t ati 0 ns 0 Cit ort
0 Administrative 0 New Business
NATURE OF ~ 0
AGENDA ITEM Le 01
0 01 Settlements 0 Unfinished Business
0 Public Hearin 0 -
RECOMMENDATION: Staff recommends that Commission approve the adoption of Resolution R09
accepting changes in the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 09/10, 10/11, and
11/12, as well as insuring that said changes are consistent with all prior year changes. These funds are for the
continuation of the State Housing Initiatives Partnership (SHIP) Program.
EXPLANATION: In accordance with Florida Statutes Chapter 420, dedicated revenues resulting from the
William E. Sadowski Affordable Housing Act are distributed to various municipalities that are "entitled"
communities to assist with affordable housing efforts. The current Plan is a continuation of the Plan initially
established in 1997 with input from citizens directly involved in the housing industry, and is consistent with the
housing element of the City's Comprehensive Plan. At the recommendation of the city's Affordable Housing
Advisory Committee, the Commission adopted and approved Resolution R08-070 to maintain the strategies in the
plan.
PROGRAM IMPACT: SHIP Grant funds play a major part in the City's continuing effort to provide decent,
affordable housing and improve the housing stock in the older, more depressed neighborhoods in the target area.
Since the implementation of the program, the City of Boynton Beach has assisted 182 low and moderate income
families obtain homes, and another 172 low income families to make repairs to their homes.
FISCAL IMPACT: Funding to begin in July of this year should be approximately $500,000 annually for the
next three (3) years. A maximum of ten percent (10%) will be used for administering the program, which equates
to about $50,000 annually.
ALTERNATIVES: t f receive the funding, and fund the City's hti;(~:s~r:m t: general fund.
UGf Depdrtment ead's Signa City Manager's SignatUre
~=: City Man ger . '3f
Department of Development . .
Community Improvement Division
Department Name City A Horney / Finance
S"\Comrnunity Improvement\Agenda Requests\2009\CC 0421 LHAP.doc
NAME OF LOCAL GOVERNMENT
CITY OF BOYNTON BEACH
SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP)
FISCAL YEARS COVERED
200912010,2010/2011, & 2011/2012
Department of Development - Community Improvement Division
Octavia S. Sherrod, Community Improvement Manager
Brenda Cornelius, Affordable Housing Administrator
- 1 -
1. PROGRAM DESCRIPTION:
A. Name of the participating local government and Interlocal if Applicable:
CITY OF BOYNTON BEACH
Interlocal: Yes No X
Name of participating local government(s) in the Interlocal Agreement;
N/A
B. Purpose of the program:
Creation ofthe Plan is for the purpose of meeting the housing needs ofthe very low, low
and moderate income households, to expand production of and preserve affordable
housing, to further the housing element of the local government comprehensive plan
specific to affordable housing.
The Citv of Bovnton Beach's Local Housinq Assistance Plan was initiated
with the adoption of Ordinance No. 97-11 on May 6, 1997. The proqram
was desiqned to promote and implement the qoals of the state Housinq
Initiatives Partnership (SHIP) Proqram and the Housinq Element to the
City's Comprehensive Plan by producinq and preservinq affordable
housinq. It is used citywide to increase affordable housinq for extremelv-
low income, very-low income, low-income, and moderate-income
households within the Citv limits. The proqram also helps implement the
qoals of the City's Community Development Block Grant rCDBG)
Consolidated Plan. The obiectives of the proqram will be achieved
pursuant to the SHIP proqram throuqh the production, acquisition, and
rehabilitation of affordable housinq usinq funds as provided bv the SHIP
Act.
C. Fiscal years covered by the Plan:
2009/2010,2010/2011, and 2011/2012
D. Governance:
The SHIP Program is established in accordance with Section 420.907-9079, Florida
Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program does
further the housing element of the local government Comprehensive Plan.
Cities and Counties must be in compliance with these applicable statutes and rules.
- 2 -
E. Local Housing Partnership:
SHIP Program encourages building active partnerships between government,
lenders, builders and developers, real estate professionals, advocates for low-
income persons and community groups.
The City of Boynton Beach has formed stronq partnerships with the
following agencies: The Boynton Beach Faith-Based CDC, a faith based
non-profit orqanization and sub recipient of Community Development
Block Grant funds. This orqanization acts as a Liaison between the City
and its applicants, preparinq them for home ownership with counselinq
and the necessary hand holdinq that is required to home ownership, to
include the assemblinq of necessary documentation.
This aqency is a HUD Certified Housinq Counselinq Aqency, which
conducts pre- and post-purchase counselinq workshops, as well as
workshops coverinq maior and minor home maintenance.
The Boynton Beach Community Life Care Center, is a non-profit
orqanization which provides self sufficiency to extremely low, very low,
and low income residents of the City of Boynton Beach. This Aqency
provides self-sufficiency proqrams that encourage education, iob
traininq, and home ownership as one of its priorities.
The Boynton Beach Community Redevelopment Aqency (CRA) has
implemented an Affordable Housinq Proqram, which compliments the
City's effort to assist potential homeowners within its area to achieve the
dream of homeownership
Life Improvement for Tomorrow (LIFT) is a non-profit orqanization that
provides Home Education, Credit Education, and Money Manaqement
classes both in Enqlish and Spanish. The City has also encouraqed its
lendinq partners to -fund these classes as well.
The City has souqht and encouraqed the participation of local realtors to
provide services as aqents for its applicants in the purchasinq process.
The City of Boynton currently provides rent free housinq in a City owned
buildinq for the local Head State Proqram, which accommodates
childcare for low-income residents in the tarqet area.
F. Leveraging:
The Plans are intended to increase the availability of affordable residential units by
combining local resources and cost saving measures into a local housing partnership and
using public and private funds to reduce the cost of housing. SHIP funds may be
leveraged with the local CRA or used to supplement other Florida Housing Finance
Corporation programs and to provide local match to obtain federal housing grants or
programs.
- 3 -
Funds from the City of Boynton SHIP may be leveraqed with Florida
Housinq Bond, CDBG, CRA, and other public funds with private sector
financinq to help reduce the risk to lenders. Leveraqinq funds provides
homeownership opportunities to extremely-low, very-low, low, and
moderate income households.
The City of Boynton Beach Community Redevelopment Aqencv has
purchased propertv in coniunction with the proiect known as the Heart of
Bovnton (HOB). They have conveyed these properties to developers and
non-profit orqanizations as incentives to buy down the cost of producing
affordable housinq. The CRA has also offered qrants up to $50,000 as a
match to SHIP and other public funds.
G. Public Input:
Public input was solicited through face to face meetings with housing providers, social
service providers and local lenders and neighborhood associations. Public input was
solicited through the local newspaper in the advertising of the Local Housing Assistance
Plan and the Notice of Funding Availability.
In addition to Affordable Housinq Board Advisory Committee meetinqs,
other input was solicited from housinq partners, lenders, realtors,
providers of social services and local neiqhborhood associations.
H. Advertising and Outreach:
The county or eligible municipality or its administrative representative shall advertise
the notice of funding availability in a newspaper of general circulation and periodicals
serving ethnic and diverse neighborhoods, at least 30 days before the beginning ofthe
application period. Ifno funding is available due to a waiting list, no notice of funding
availability is required.
The City of Boynton Beach distributes fivers and brochures to local
churches located in the CDBG tarqet neiqhborhoods, Title XX Dav care
centers, the City library, the City's Local Housinq Partners and to any
person or orqanization requestinq information on the SHIP Proqram.
Information is available in the City of Boynton Beach Department of
Development, displayed on the City's website and in the main lobby of
the City Hall, as well as the lobbies of participatinq non-profits. Staff also
participates in local homebuver fairs and workshops.
The City of Bovnton Beach has been featured in the local newspapers
with several articles concerninq the pendinq implementation of the
proqram.
1. Discrimination:
In accordance with the provisions ofss. 760.20-760.37, it is unlawful to discriminate on
the basis of race, creed, religion, color, age, sex, marital status, familial status, national
origin, or handicap in the award application process for eligible housing.
- 4 -
The City of Boynton supports the Fair HousinG Center of the Greater Palm
Beaches in an effort to deter discrimination in housinq.
1. Support Services and Counseling:
Support services are available from various sources. Available support services may
include but are not limited to Homeownership Counseling (Pre and Post), Credit
Counseling, Tenant Counseling and Transportation.
A maximum of three percent (3%) of the SHIP fundinq will be allocated
durinq all three fiscal years for providinq home ownership traininq and
counselinG for first time homebuyers as well as owners of homes assisted
throuGh the Local Housinq Assistance Proqram. This will be a part of the
onooinq partnership with local lenders, Life Improvement for Tomorrow,
the Boynton Beach Faith-Based CDC, and any other providers of this
service that are identified by the City at no charqe to the applicants.
These funds will defray the costs normally associated with this service.
Post purchase traininq will emphasize budqetinq and maintenance. The
Boynton Beach Faith-Based CDC is certified as a HUD counselor.
K. Purchase Price Limits:
Purchase Price Limits: The sales price or value of new or existing eligible housing may
not exceed 90% of the average area purchase price in the statistical area in which the
eligible housing is located. Such average area purchase price may be that calculated for
any 12-month period beginning not earlier than the fourth calendar year prior to the year
in which the award occurs. The sales price of new and existing units, which can be
lower but may not 90% of the median area purchase price established by the U.S.
Treasury Department or as described above.
The methodology used is:
X Independent Study (copy attached)
_ U.S. Treasury Department
Local HFA Numbers
The purchase price limit for new and existing homes is shown on the Housing Delivery
Goals Charts.
The maximum purchase price for a new and existinq home is
$235,200.The maximum purchase price limit will be adiusted as needed in
response to The Florida Housinq Finance Corporation and chanqes in the
local real estate market.
L. Income Limits, Rent Limits and Affordability:
The L?J.come and Rent Limits used in the SHIP Probldll1 are updated dl1l1ual1y from the
Department of Housing and Urban Development and distributed by Florida Housing
Finance Corporation. Affordable means that monthly rents or mortgage payments
including taxes and insurance do not exceed 30 percent of that amount which represents
- 5 -
the percentage of the median annual gross income for the households as indicated in
Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an
individual household's ability to devote more than 30% of its income for housing, and
housing for which a household devotes more than 30% of its income shall be deemed
Affordable if the first institutional mortgage lender is satisfied that the household can
afford mortgage payments in excess of the 30% benchmark and in the case of rental
housing does not exceed those rental limits adjusted for bedroom size.
It is not the intent of the City of Boynton Beach to limit an individual
household's ability to devote more than 30% of its income for housinq. If
a household devotes more than 30% of its income, it shall be deemed
Affordable, if the first institutional mortqaqe lender and the City of
Boynton Beach are both satisfied that the household can afford
mortqaqe payments in excess of the 30% benchmark.
The City of Boynton Beach does not have a rental strateqy.
M. Welfare Transition Program:
Should a eligible sponsor be used, the city/county has developed a qualification system
and selection criteria for applications for Awards to eligible sponsors, which includes a
description that demonstrates how eligible sponsors that employed personnel from the
Welfare Transition Program will be given preference in the selection process.
Althouqh the City of Boynton Beach does not have a rental strateqy, we
are committed to continuinq our partnership of leveraqinq SHIP funds
with the local Housinq Authorities "Self-Sufficiency Proqram" located in
Palm Beach County.
N. Monitoring and First Right of Refusal:
In the case of rental housing, the staff or entity that has administrative authority for
implementing the local housing assistance plan assisting rental developments shall
annually monitor and determine tenant eligibility or, to the extent another governmental
entity provides the same monitoring and determination, a municipality, county or local
housing financing authority may rely on such monitoring and determination of tenant
eligibility. However, any loan or grant in the original amount of$3,000 or less shall not
be subject to these annual monitoring and determination of tenant eligibility
requirements. Tenant eligibility will be monitored for at least annually for 15 years or
the term of assistance which ever is longer unless as specified above.
Eligible sponsors that offer rental housing for sale before 15 years or that have
remaining mortgages funded under this program must give a first right of refusal to
eligible nonprofit organizations for purchase at the current market value for continued
occupancy by eligible persons.
The Citv of Boynton Beach does not hove a rental strateov.
- 6-
O. Administrative Budget:
The City of Boynton Beach finds that the moneys deposited in the local housing
assistance trust fund shall be used to administer and implement the local housing
assistance plan. In accordance with Section 420.9075 Florida Statute and Chapter 67-37,
Florida Administrative Code, a county or an eligible municipality may not exceed the 5
percent limitation on administrative costs, unless its governing body finds, by resolution,
that 5 percent of the local housing distribution plus 5 percent of program income is
insufficient to adequately pay the necessary costs of administering the local housing
assistance plan. The cost of administering the program may not exceed 10 percent of the
local housing distribution plus 5% of program income deposited into the trust fund,
except that small counties, as defined in s. 120.52(17), and eligible municipalities
receiving a local housing distribution of up to $350,000 may use up to 10 percent of
program income for administrative costs.
The City of Boynton Beach has determined that five percent (5%1 of the
SHIP allocation and five percent (5%1 of the proqram income is
insufficient to adequately pay the necessary costs of administerinq the
local housinq assistance plan. Ten percent (10%1 of the SHIP allocation
plus five percent (5%1 of proqram income is necessary to cover
administrative expenses for the SHIP Program. Administrative expenses in
excess of the maximum ten percent (10%1 SHIP allocation will be
supplemented by other fundinq sources. The City of Boynton Beach has
adopted the above findings in the attached resolution, Exhibit E.
P. Program Administration:
Administration of the local housing assistance plan is the responsibility of the city.
Should a third party entity or consultant contract for all of part of the administrative or
other functions of the program provide in detail the duties, qualification and selection
criteria.
The Community Improvement Division of the City of Boynton Beach will
be responsible for the day to day operations of the SHIP Proqram.
Administrative functions include: advertisinq availability of funds and
community outreach, applicant intake and income certifications, work
write-ups and inspections, coordination with first mortqaqe lenders and
counselinq services, reviewinq and evaluatinq proqram effectiveness,
and submittal of plan amendments and annual reports to the Florida
Housinq Finance Corporation.
Q. Essential Service Personnel:
Define in accordance with Rule Chapter 67-37.002(8) F.A.C. and Chapter 67-37.005(8),
F.A.C. and Section 420.9075(3)(a) FS.
- 7 -
The City of Boynton defines Essential Service Personnel as persons in
need of affordable housinq who are employed in but ore not limited
to the followinG areas:
Essential service personnel and municipal employees for the City of
Boynton Beach, teachers and educators, police and fire services, health
core personnel, other public services, child care services, retail and
wholesale services, and skilled buildinG trades personnel.
II. LHAP HOUSING STRATEGIES:
NOTE: Include a seoarate stratezv (or Disaster Mitigation.
NOTE: In the event ore(erence is given to Essential Service Personnel. plan text must so state oursuant to Chaoter 67-
37.005(8). F.A.C
NOTE: Strategl' titles shall be consistent throughout local government olans. Acceptable strategy titles include but not
limited to:
Housing Rehabilitation, Impact Fee Assistance: Purchase Assistance Existing with or without Rehabilitation, Purchase
Assistance New Construction, Sweat Equity, Replacement Housing, and Disaster Relief.
1. Name of the Strategy: PURCHASE ASSISTANCE
ExistinG with or without Rehabilitation/New Construction
a. Summary of the Strategy:
This loan will assist extremely-low, very-low, low, and moderate-income
homebuyers with the purchase of a home and will provide "GAP"
financinG for first mortGaGes to insure affordable monthly payments.
EliGible costs under this strateqy may include but are not limited to down
payment and closinG costs on the first mortGaGe and repairs needed to
make the unit habitable. EliGible properties include newly constructed
homes (built within 12 months of closinG) or existinG homes, which mayor
may not need rehabilitation. Rehabilitation is defined as the repairs or
improvements needed for safe and sanitary habitation, correction of
substantial code violations, or the creation of livinq space due to
overcrowdinq.
b. Fiscal Years Covered:
2009/2010, 201012011, and 2011/2012.
c. Lncome Categories to be served:
Extremely Low, Very Low, Low, and Moderate-Income Households.
d. Maximum award is noted on the Housing Delivery Goals Charts:
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Extremely Low IVery Low.......... ............ ....$60,000/$10,000*
Low............................................................. ..$50 ,000/ $10,000*
Moderate.......... ........ .................................................. $25,000
* An additional $10,000 may be available above the purchase assistance
for necessary code-related repairs when applicable.
e. Terms, Recapture Program Income and Default.
The SHIP funds are provided as a deferred loan. There are no monthly
payments requirements associated with this loan. The loan will be
concurrent with the first mortqaqe at a zero percent interest deferred
payment loan. The proqram will provide a deferred payment loan
coverinq the full amount of assistance with a percentaqe of the equity
earned to be shared at the time of transfer or c10sinq to qualified, eliqible
home buyer. The deferred payment loan is forqivable at the oriqinal term
of mortqaqe, providinq the home remains owner occupied and honors
all requirements of the deferred payment loan. A second (subsequent)
mortqage will be placed on the home. If the home is sold, transferred,
refinanced, or ceases to be owner occupied prior to the original term
period, which does not constitute default, the deferred payment loan
and the shared equity is recaptured at time of the c10sinq and the funds
are returned to the City of Boynton Beach SHIP Proqram. In case of
death of the homeowner, the deferred payment loan would continue as
long as the new owner is income eliqible under the SHIP guidelines, and
resides in the dwelling. If the new owner is not eliqible, the house is sold,
transferred, or refinanced, the sum of the loan and the shared equity
would be due and payable and the owner must pay a percentaqe of
the excess profit to the City of Boynton Beach. All voluntary loan
repayments to the proqram will be considered as Proqram Income.
Recipients must execute a Promissory Note, Mortgage, and Aqreement
for First Riqht-of-Refusal. The Mortqaqe and Aqreement will be recorded
in the public records of Palm Beach County.
Include terms of recapture in the event of default (failure to make required payments on
a loan secured by a first mortgage which leads to foreclosure and/or loss of property
ownership ).
f. Recipient Selection Criteria:
The applicant will be selected on a first-come, first-served basis, and must
be certified as very-low, low, or moderate-income as a result of third
party verifications. The potential homebuyer must be credit worthy and
- 9 -
have sufficient income required to obtain mortqaqe financinq from a
participatinq lender, and must attend a homebuyers education course
offered by participatinq lenders and/or community based development
orqanizations. The applicant must not own any other residence unless it is
beinq replaced with the construction of a new home thouqh the SHIP
Program.
An applicant may submit a completed SHIP application to the City of
Boynton Beach for determination of eliqibility at any time. Applicants are
required to provide all documentation requested for income, eliqibility,
and qualification determination. Applicants must be income eliqible with
incomes between zero and 120% of the median income as provided by
the State and adiusted to family size. Purchasers must be first time
homebuyers, to include displace homeowners due to divorce,
purchasinq within incorporated Boynton Beach area, and may not
currently have assets exceeding $15,000 (qifts included in the asset
calculation). If the applicant has funds that exceed the $15,000
maximum and is income certified, he/she must commit one third (1/3) of
his/her assets to be used in addition to the amount of assistance
provided. The exception to this would be if the applicant has funds in a
retirement fund that can only be accessed by termination. The LTV's
must be adhered to.
g. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for Awards to
eligible sponsors.
h. Additional Information:
Each applicant will be responsible for a minimum of three percent (3%)
towards down payment/c1osinq costs, and/or processinq of their
mortqaqe loan, and the purchase of the first year's premium of
homeowner's insurance.
SHARED EQUITY
Should the owner reside in the property for the full term of the oriqinal
mortqaqe, the City's mortqaqe is forqiven.
If the property is sold, the deed transferred, or the property is rented
durinq the first ten (10) years of ownership, the owner must repay the
entire amount of the City's mortqaqe, and must pay 80% of the excess
profit of the equity per the appraised fair market value durinq this time. If
the property ceases to be owner O~~_ldQied due to sale of orooertv.
transfer of deed, or rental of property after the ten year period, the
owner shall pay to the City of Boynton Beach the principal amount of the
oriqinal mortqaqe.
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RIGHT -OF-FIRST -REFUSAL
The Right of First Refusal shall afford the CITY the riGht to purchase from
Borrowers the MortGaGed Property for the same purchase price as set forth
in a written valid offer of a contract for sale and purchase tendered by a
third party in an arms lenGth transaction, provided that the purchase price
represents the appraised fair market value of the MortgaGed Property and
Borrowers provide written notice to City of their desire to accept said offer
of a contract for sale and purchase.
CITY aGrees to exercise or waive its Riqht of First Refusal within forty five (45)
days of receipt of written notification with COpy of a bona fide offer or
proposed contract for purchase from a third party and copy of the
appraisal.
2. Name of the Strategy: HOUSING REHABILITATION
SinGle family, detached housing rehabilitation and/or emerGency repairs.
a. Summary of the Strategy:
This loan will assist homeowners with needed repairs as defined by
Chapter 67-37, Florida Administrative Code. The City of Boynton Beach
passed a Community appearance Code Ordinance in 1996. The result
of stepped-up code enforcement has made rehabilitation a cost burden
for many extremely low, very low, and low income residents.
Rehabilitation is defined as repairs or improvements which are needed
for safe or sanitary habitation, correction of substantial code violations, or
the creation of additional living space to correct overcrowdinq. This
proGram will address repairs for sinqle family, owner-occupied detached
houses within the city limits of Boynton Beach. Applicants can not own
another residence. Repairs of an emergency nature, as determined by
the City of Boynton Beach's Construction Coordinator, are qiven priority.
Mobile homes and rental units are not eliqible for assistance in this
strateqy.
b. Fiscal Years Covered:
2009/2010, 2010/2011, and 2011/2012.
c. Income Categories to be served:
Extremely-Low, Very-Low, Low, and *Moderate-income Households.
*Moderate income residents will be considered only for life threatening
emergency repairs.
d. Maximum award is noted on the Housing Delivery Goals Charts:
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Extremely Low Income Households ........................ $50,000
Very Low and Low Income Households ................ $50,000
Moderate-income Households ............................. *$20,000
e. Terms, Recapture, Program Income and Default:
Include terms of recapture in the event of default (failure to make required
payments on a loan secured by a first mortgage which leads to foreclosure and/or
loss of property ownership).
SHIP funds are provided as a deferred loan. There are no monthly
payments requirements associated with this loan. The deferred loan will
be partially forqiven each year over a ten-year (10) period, at the
conclusion of which the debt will be considered satisfied. If at any time
durinq the ten-year 1101 period the property is sold, refinanced, rented or
ceases to be owner-occupied, which does not constitute default, the
loan recipient shall pay to the City the remaininq balance of the loan. All
voluntary loan repayments to the proqram will be considered as Proqram
Income. Recipients must execute an aqreement, Promissory Note, and
Mortqaqe. The Mortqaqe will be recorded in the public records of Palm
Beach County.
f. Recipient Selection Criteria:
An applicant may submit a completed SHIP application to the City of
Boynton Beach for determination of eliqibility at any time. Applicants are
required to provide all documentation requested for income, eliqibility,
and qualification determination. Applicants must be income eliqible with
incomes between zero and 120% of the median income as provided by
the State and adiusted to family size. Applications are processed on a
first-come, first-served basis. Applicants may not own any other
residence; and must own and occupy the home beinq rehabilitated for
the duration of the deferred payment loan. All property taxes and
mortqaqe payments must be current. Applicants are required to have
property insurance.
g. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for A wards to
eligible sponsors.
h. Additional Information:
Eliqible repairs may include, but are not limited to cost of labor and
materials for:
i. Installation and/or repairs of sanitary water and waste, disposal
systems, toqether with related plumbinq and fixtures, which
meet local health department requirements
- 12 -
II. Enerqy conservation measures such as installation of enerqy
efficiency door and windows
iii. Repair or replacement of heatinq and/or coolinq sYstems with
hiqh enerqy efficient 14 SEER or hiqher
IV. Electrical upqradinq
v. Repair or provision for structural support and foundation
VI. Replacement of seriously deteriorated sidinq, porches, or
stoops
vii. Alteration of the unit's interior or exterior to provide greater
accessibility for any family member that may be physically
impaired or have mobility problems
viii. Replacement housinq to provide GAP financing to the
followinq households of extremely low, very low, and low
incomes; with priority qiven to the elderly (62+),and/or
medically /physically impaired homeowners in these income
catel::1ories, residinq in homes deemed not viable for
rehabilitation. Demolition of existinq property, construction cost
of replacement home on the same lot or new location
selected by the City of Boynton Beach, and/or the purchase of
an existinq home.
3. Name of the Strategy: DISASTER RELIEF
a. Summary of the Strategy:
In the event of a declared natural disaster, SHIP funds that have not
been encumbered, will be used to leveraqe available federal and state
funds to provide assistance to income eliqible households for the purpose
of repairinq eliqible housing, providinq assistance with insurance
deductibles, and obtaining short term temporary housinq. Althouqh
mobile homes and rental units are not eliqible for repair assistance in this
strategy, the residents of these units may be eliqible for assistance with
emerqency housing.
b. Fiscal Years Covered:
2009/2010, 2010/2011, and 2011/2012.
c. Income Categories to be served:
Extremely-Low, Very-Low, Low, and Moderate Income Households.
d. Maximum award is noted on the Housing Delivery Goals Charts:
$10,000.
-13 -
e. Terms, Recapture and Default. Include terms ofrecapture in the event of default
(failure to make required payments on a loan secured by a first mortgage which
leads to foreclosure and/or loss of property ownership).
The SHIP funds are provided in the form of a qrant, not requIring
households to repay funds used for disaster relief. In the event the City Of
Boynton Beach Receives reimbursement from federal or state sources,
such repaid funds will be utilized in accordance with the approved
Housinq Assistance Plan in effect at the time funds are disbursed.
f. Recipient Selection Criteria:
An applicant may submit a completed SHIP application to the City of
Boynton Beach for determination of eliqibility at any time. Applicants are
required to provide all documentation requested for income, eliqibility,
and qualification determination. Applicants must be income eliqible with
incomes between zero and 120% of the median income as provided by
the State and adiusted to family size. Applications are processed will on
a first-come, first-served basis. Applicants may not own any other
residence; and must own and occupy the home beinq rehabilitated. The
property must be located in incorporated Boynton Beach.
g. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for Awards
to eligible sponsors.
h. Additional Information:
Purchase of emerqency supplies for eliqible households to weatherproof
damaqed homes, interim repair to avoid further damaqe, tree and
debris removal required to make individual housinq unit habitable, and
post disaster assistance with non-insured repairs.
4. Name of the Strategy: FORECLOSURE PREVENTION
a. Summary of the Strategy:
The foreclosure prevention proqram provides financial assistance to
income eliqible homeowners who are facinq foreclosure. This proqram
will assist homeowners within the incorporated Boynton Beach area
avoid foreclosure. Funds will be provided to pay either up to six (6)
months of delinquent mortqaqe payments (PITI) or the maximum award
omnunt to assist \^/ith brinr1jn, the mort'~o'~e currerit. The funds are for
owner-occupied units only.
- 14 -
b. Fiscal Years Covered:
2009/2010, 2010/2011, and 2011/2012.
c. Income Categories to be served:
Extremely-Low, Very-Low, Low, and Moderate Income Households.
d. Maximum award is noted on the Housing Delivery Goals Charts:
$7,500.
e. Terms, Recapture, Program Income and Default.
Include terms of recapture in the event of default (failure to make required
payments on a loan secured by a first mortgage which leads to foreclosure and/or
loss of property ownership).
The SHIP funds are provided as a deferred loan. There are no monthly
payments requirements associated with this loan. The loan will be
concurrent with the first mortGaGe at a zero percent interest deferred
payment loan as lonG as the home remains the primary residence of the
applicant. The proGram will provide a deferred payment loan covering
the full amount of assistance. The deferred payment loan is forGivable at
the term of the oriGinal mortqage, providinG the home remains owner
occupied and honors all requirements of the deferred payment loan. A
second (subsequent) mortGaqe will be placed on the home. If the
home is sold, transferred, refinanced or ceases to be owner occupied
prior to the oriGinal term period, which does not constitute default, the
deferred payment loan is recaptured at time of the c10sinq and the funds
are returned to the City of Boynton Beach SHIP ProGram. In case of the
death of the homeowner, the deferred payment loan would continue as
long as the new owner is income eliqible under the SHIP quidelines, and
resides in the dwellinq. If the new owner is not eliqible, the house is sold,
transferred, or refinanced; the sum of the loan would be due and
payable to the City of Boynton Beach. All voluntary loan repayments to
the program will be considered as ProGram Income. Recipients must
execute an aqreement, Promissory Note, and MortgaGe. The mort~aqe
will be recorded in the public records of Palm Beach County.
f. Recipient Selection Criteria:
An applicant may submit a completed SHIP application to the City of
Boynton Beach for determination of eliGibility at any time. Applicants are
required to provide all documentation requested for income, eliQibility,
and qualification determination. Applicants must be income eligible with
incomes between zero and 120% of the median income as provided by
the State and adiusted to family size. The homeowner must demonstrate
- 15 -
their ability to continue to maintain their mortqaqe payments after
assistance is received. The applicant must prove that the delinquency is
due to a significant loss of income such as loss of employment, sudden
medical illness or expenses, divorce or separation, death in the family
and/or unforeseen/unexpected/ unanticipated home repairs.
Applications will be processed on a first-come, first-served basis.
Applicants may not own any other residence; and must own and
occupy the assisted unit. The property must be located in the
incorporated Boynton Beach area.
g. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for Awards to
eligible sponsors.
h. Additional Information:
Eliqible Expenses include delinquent mortqaqe payments, late fees,
attorney's fees, association fees, and other associated costs.
5. Name of the Strategy: DISASTER MITIGATION
a. Summary of the Strategy:
This proqram is desiqned to assist homeowners secure and protect their
property aqainst hurricane force winds. The funds will assist the home
owner with and or the purchase of hurricane shutters. Aluminum storm
panels will be supplied, unless the applicant is elderly or physically
impaired. In this case, accordion shutters will be installed on the property.
b. Fiscal Years Covered:
2009/2010, 2010/2011, and 2011/2012.
c. Income Categories to be served:
Extremely-Low, Very-Low, Low, and Moderate Income Households.
d. Maximum award is noted on the Housing Delivery Goals Charts:
$10,000.
e. Terms, Recapture, Program Income and Default:
Include terms of recapture in the event of default (failure to make required
payments on a loan secured by a first mortgage which leads to foreclosure a..'1d!or
loss of property ownership).
- 16 -
This SHIP funds are provided as a deferred loan. There are no monthly
payment requirements associated with this loan. The deferred loan will
be partially forqiven each year over a ten year (10) period, at the
conclusion of which the debt will be considered satisfied. If at any time
durinq the ten year period the property is sold, refinanced, rented or
ceases to be owner-occupied, which does not constitute default, the
loan recipient shall pay to the City the remaininq balance of the loan,.
All voluntary loan repayments to the proqram will be considered as
Proqram Income. Recipients must execute an aqreement, Promissory
Note, and Mortqaqe. The Mortqaqe will be recorded in the public
records of Palm Beach County.
f. Recipient Selection Criteria:
An applicant may submit a completed SHIP application to the City of
Boynton Beach for determination of eliqibility at any time. Applicants are
required to provide all documentation requested for income, eliqibility,
and qualification determination. Applicants must be income eliqible with
incomes between zero and 120% of the median income as provided by
the State and adiusted to family size. Applications are processed on a
first-come, first-served basis. Applicants may not own any other
residence; and must own and OCCUpy the home beinq assisted. The
property must be located within the City of Boynton Beach incorporated
area.
g. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for Awards
to eligible sponsors.
h. Additional Information:
Moderate income applicants must match dollar for dollar of all funds
needed to protect the residence from hurricane damaqe. The funds will
be collected at c10sinq from the applicant and placed in an escrow
account to be held and disbursed upon completion of installation.
III. LHAP INCENTNE STRATEGIES
In addition to Strategy A and Strategy B listed below, list all incentives as provided in
420.9076(4) FS.
A. Name of the Strategy: Expedited Permitting
Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a
greater degree than other projects.
I. Established policy and procedures: Provide Description:
- 17 -
B. Name of the Strategy: Ongoing Review Process
An ongoing process for review of local policies, ordinances, regulations and plan provisions
that increase the cost of housing prior to their adoption.
I. Established policy and procedures: Provide Description
The following incentive strateqies are extracted from the City of Boynton Beach's
Affordable Incentive Plan adopted April 7, 1998. They were reviewed bv the City's
Affordable Housing Advisory Committee in 2008; per City Resolution R08-070, the City
Commission approved the Committee's recommendation of no changes needed.
. The Expedited process of permits for Affordable HousinCl Proiects.
The Department of Development has been responsible for processinq and facilitating
affordable housinq proiects. The Community Improvement and Plan Review staff will
oversee the proiects certified as "affordable" throuqh the review process in an effort to
make sure that they are processed with three to five (3-5) days. This division will be the
developer's point of contact for all questions concerninq the review process. The Plan
Review Administrator will be responsible for expeditinq the buildinq permittinq process
for affordable housinq proiects. He has desianated individuals who have successfully
auided and given these proiects top priority. Staff will continue to obtain traininq in
affordable housing development.
. The modification of impact fee reCluirements includina reduction of waiver of
fees and other methods of fee payment for affordable housinCl.
There is currently no provision for waivinq impact fees. However, the City of Boynton
Beach has in the past funded the Infill Construction Proaram from the general fund.
These funds subsidized the cost of new construction for affordable units by paying
permit and impact fees for new construction for very low and low-income families
buildinq new affordable home within the CDBG tarqet area. Palm Beach County allows
existinq use credit for residential construction on vacant lots that had prior residential
use. This credit applies to the residential and road impact fees, and can yield savinas
for UP to two thousand dollars per home. Participating builders of affordable housing
will be encouraaed to apply for this credit and pass it on to the homebuyer. The City
Manaqer will be petitioned to waive payment of development application, plan check
and permit fees for all eligible proiects certified affordable housinq proiects.
· The allowance of increased density levels for affordable housinCl.
(Comprehensive Plan, HousinCl Element. Policy 6.1.3)
The housina element provides for review of zonina regulations for the purpose of allowing
increased density to encouraqe in provision of affordable housing. The City's Planning
and Zoninq Department continues its effort to provide for an increase in residential density
for the purpose or providing for affordable housina. This density bonus will be subiect to
compatibility with the surroundinq natural and physical environment, site constraints, and
concurrency manaaement reauirements.
- 18 -
. The reservation of infrastructure capacity for housinQ for very-low income and
low-income persons.
A reservation mechanism is not necessary, as adequate capacity exists to serve any InfHI
proiect initiated within the CDBG target area. This assumption reqardinq roads, utilities and
recreation is based on available acreaqe and density limits of the Future Land Use Map of
the Comprehensive Plan. state concurrency laws require us to maintain adequate public
facilities for everyone and build new facilities once we reach 90% capacity.
. The allowance of affordable accessory residential units in residential districts.
Zoning regulations allow accessory buildinqs in districts as long as they conform to the
minimum building site requlations that are generally applicable in the district where the
buildinq is to be located. The City of Boynton Beach will maintain its flexible existing
practice in dealing with this issue on a case-by-case basis as needed.
. The reduction of parkina and setback reauirements for affordable housina.
Current requlations require off street parking for two (2) vehicles. In an effort to maintain
the value of property, while at the same time not causinq any adverse effect on
affordable housinq, there shall not be modifications to current requlations qoverninq this
issue.
Setback requirements in the tarqeted area require a frontaqe of 25 feet. The city has in
the past worked effectively with developers in an effort to desiqn and produce units that
have dealt with this effort without causing any adverse effect on affordable housinq. The
City will maintain this flexible practice with dealinq with this issue on a case-by-case basis
as needed.
. The allowance of zero lot-line confiaurations for affordable housina.
The City of Boynton Beach's current zoning does not permit zero lot-lines in districts that are
not Planned Unit Developments, as it violates the City's set back requirements. However,
with the existinq minimum lot size requirements in the CDBG target area of 5,000 square
feet, it is felt that this size lot is sufficient enouqh to accommodate desired development of
affordable housinq.
· The modification of street reauirements for affordable housina.
Due to concerns for safety and aesthetics, there will be no modifications to current
requlations qoverning streets. In the older platted sections, waivers of sidewalk
requirements have been qranted for developers on a case-by-case basis. These
variances are usually qranted in areas that are qenerally consistent with the surrounding
area. Consideration may be made in instances where costs involved will hinder producing
affordable units. CDSG do!lars '.vi!! be expended on many streets within the tmqet areas to
install sidewalks and curbing. Efforts to avoid the variance process with certification of
those areas consistent with no sidewalks by the developer will be ongoing. The liaison from
- 19 -
the Department of Development will expedite this certification process for affordable
housinq proiects.
. 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 Department of Development's various divisions, particularly the Division of Community
Redevelopment, will review any and all policies, procedures, ordinances, requlations, and
plan provisions to determine what effects if any they may have on the cost of producing
affordable units prior to their passaqe. The City Manaqer will disperse all information
concerning ordinances in sufficient time needed to evaluate and comment on any
impact it may have on affordable housinq.
. The preparation of printed inventory of locally owned public lands suitable for
affordable housinQ.
The Division of Community Redevelopment maintains maps of the current inventory of all
vacant land includinq those properties owned bY the City of Boynton Beach and Palm
Beach County within the tarqet area. The City funds land acauisition in an effort to acquire
land for potential pre qualified homebuyers. This effort has resulted in considerable cost
savinq in the production of affordable units.
- 20-
Exhibit" D"
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Name of Local Government: City of Boynton Beach
(1) The local government will advertise the availability of SHIP funds pursuant to Florida
Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, religion, color, age, sex, familial or marital
status, handicap, or national origin.
(3) A process for selection of recipients for funds has been developed.
(4) The eligible municipality or county has developed a qualification system for
applications for awards.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if the local
government will be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds
within 24 months following the end of the State fiscal year in which they are
received.
(8) The plan conforms to the Local Government Comprehensive Plan, or that an
amendment to the Local Government Comprehensive Plan will be initiated at the next
available opportunity to insure conformance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the
Corporation with in 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well
as moneys generated from activities such as interest earned on loans.
(11) Amounts on deposit in the local housing assistance trust fund shall be invested as
permitted by law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue
fund in the local governments audited financial statements, copies of the audits will be
forwarded to the Corporation as soon as available.
13) An interlocal entity shall have its local housing assistance trust fund separately audited
for each state fiscal year, and the audit forwarded to the Corporation as soon as possible.
I
Exhibit "0"
Page 2
Certification
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit
(L1HTC) Program shall comply with the income, affordability and other L1HTC
requirements, Similarly, any units receiving assistance from other federal programs shall
comply with all Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred
payment loans or loans that extend beyond 30 years which continue to service eligible
persons.
(17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least
annually for 15 years for compliance with tenant income requirements and affordability
requirements or as required in Section 420.9075 (3) (e).
(18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37
FAC, and how each of those requirements shall be met.
(19) The provisions of Chapter 83-220, Laws of Florida _ has or K has not
been implemented.
Witness
Chief Elected Official or Designee
Witness
KURT BRESSNER, CITY MANAGER
Type Name and Title
Date
Approved as to Form:
City Attorney
2
VI.-CONSENT AGENDA
ITEM C.6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Requested City Date Final Form Must be Requested City Date Final Form Mu~e ::,
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Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Cler1.."'s -
Dates Office Office ~ ~~
D April 21, 2009 April 6, 2009 (Noon) 0 June 16,2009 June 1,2009 (Noon)
0 Mav 5, 2009 April 20, 2009 (Noon) 0
[8J Mav 19, 2009 May 4,2009 (Noon) 0
0 June 2, 2009 May 18, 2009 (Noon) 0
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve the Frequency Reconfiguration Agreement between the
City of Boynton Beach and Nextel South Corporation and to approve the purchase of new portable
radios for use by police, fire/rescue and local government essentially replacing the city's aging fleet of
portable radios.
EXPLANATION: In 2004 the Federal Communication Commission issued an order that frequency
allocations in the 800 MHz band be reconfigured in order to insure that cell phone companies using the
frequency do not interfere with public safety and local government subscribers using adjoining
frequencies in the same band. The order requires that the cell phone companies assume the cost of "re-
banding" government radios in order to provide a larger separation of frequencies within the band. In
our case, Nextel is responsible to pay the expenses associated with the re-banding. On July 3, 2007 the
Commission approved the Planning Funding Agreement (PF A) with Motorola Corporation. This
agreement provided Motorola with the authority to survey our radio system and determine the best way
to accomplish the rebanding of our radios and make any adjustments necessary to our radio
infrastructure in order to accommodate the new frequencies. The Frequency Reconfiguration Agreement
(FRA) that is presented here is the final step in the process other than to perform the work on the radio
system. Using the planning work performed by Motorola pursuant to the PF A, negotiations with Nextel
began late in the calendar year 2007 and ended in April 2009. The FRA is the result of those
negotiations and provides for the retuning of our radio system and the replacement of some of our radios
at no expense to the city.
Included with the FRA is an agreement/proposal with Motorola to upgrade the public safety radios to a
state of the art, more durable unit that will provide extended service life and accommodate any future
updates we may wish to make. During the negotiation process we discovered that it would be possible to
take advantage of unique pricing by Motorola and subsidy funding by Nextel to replace some or all, of
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
the city's aging radios which were originally purchased in 1999. The serviceable life of the radios we
purchased in 1999 is 7 to 9 years. The cities of Delray Beach and Boca Raton, with whom we share the
radio infrastructure along with the county, also used the rebanding process to replace their radios which
were purchased along with ours. The total cost of upgrading the public safety radios and acquiring the
necessary accessories during the rebanding process is $201,257.90. The cost of purchasing these radios
and accessories at any other time would be $950,552.90. Therefore the savings to the city is
$749,295.00. The funds for this purchase will come from the department's Byrne Grant for which we
have received preliminary approval. Final approval of the purchase will be received in mid-June. Iffor
some reason the grant is not approved, there are sufficient funds for the purchase in the department's
"12.50 account" which is funded through traffic court fines and can only be used for police equipment.
PROGRAM IMPACT: Approving the FRA and the purchase/upgrade from Motorola will insure that the
city can maintain its radio system at peak efficiency for years to come. Since the funding for a new radio
system was removed from the capital improvement budget last year, this will be the only opportunity to
upgrade the system and replace subscriber units for the foreseeable future.
FISCAL IMPACT:
No budgetary funds will be expended in association with this agreement.
ALTERNATIVES:
None.
~~
City anager's Signature
Police
Assistant to City Manager
\
~--
~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. R09-
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
6 AND AUTHORIZING THE CITY MANAGER TO
7 EXECUTE A FREQUENCY RECONFIGURATION
8 AGREEMENT WITH NEXTEL SOUTH CORP; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, in 2004 the Federal Communication Commission issued an order that
12 frequency allocations in the 800 MHz band be reconfigured in order to insure that cell phone
13 companies using the frequency do not interfere with public safety and local government
14 subscribers using adjoining frequencies in the same band; and
15 WHEREAS, the Frequency Reconfiguration Agreement is the result of negotiations
16 and provides for the retuning of the City's radio system and the replacement of some of the
17 City's radios at no expense to the City; and
18 WHEREAS, the City Commission of the City of Boynton Beach, upon
19 recommendation of staff, deems it in the best interest of the citizens and residents of the City
20 to approve and authorize the City manager to execute the Frequency Reconfiguration
21 Agreement between the City of Boynton Beach and Nextel South Corporation.
22
NOW, THEREFORE, BE IT RESOL VED BY THE CITY
23 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 hereby approve and authorize the City Manager to execute the Frequency Reconfiguration
S.ICAIRESOlAgreementslFrequency Reconfiguratlon Agreement - Nextel.doc
Agreement between the City of Boynton Beach and Nextel South Corporation, a copy of
2 which is attached hereto as Exhibit "A",
3
Section 3.
This Resolution shall take effect immediately upon passage.
4
5 PASSED AND ADOPTED this _ day of May, 2009.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor-Jerry Taylor
11
12
13 Vice Mayor- Woodrow L. Hay
14
15
16 Commissioner - Ronald Weiland
17
18
19 Commissioner - Jose Rodriguez
20
21
22 Commissioner - Marlene Ross
23 ATTEST:
24
25
26
27 Janet M. Prainito, CMC
28 City Clerk
29
30
31
32 (Corporate Seal)
SICAIRESOlAgreementslFrequency Reconfiguration Agreement - Nextel.doc
FREQUENCY RECONFIGURATION AGREEMENT
THIS FREQUENCY RECONFIGURATION AGREEMENT (this "Agreement") is made as of this
_ day of , 2009 ("Effective Date"), by and between the City of Boynton Beach, a political
subdivision of the State of Florida ("Incumbent"), and Nextel South Corp. ("Nextel"), a wholly owned
indirect subsidiary of Sprint Nextel Corporation, a Kansas corporation (each is referred to in this
Agreement as a "Party" and collectively as the "Parties").
RECITALS
A. On August 6, 2004, the Federal Communications Commission ("FCC") issued a report and
order that modified its rules governing the 800 MHz band. The purpose of the order was to
reconfigure the 800 MHz band to minimize hannful interference to public safety radio
communications systems in the band ("Reconfiguration").
B. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration.
The August 6, 2004 and December 22, 2004 FCC orders, any binding actions issued by the
Transition Administrator pursuant to its delegated authority under the orders ("Actions"), and
any supplemental FCC orders in the Reconfiguration proceeding or subsequent Actions after
the date ofthis Agreement, are collectively referred to as the "Order."
C. Pursuant to the Order, Incumbent and Nextel are licensed on frequency allocations subject to
Reconfiguration.
D. Pursuant to the Order, Nextel will pay Incumbent an amount to effect a Reconfiguration of
Incumbent's affected frequency allocations ("Reconfiguration Cost"). Incumbent will certify
to the transition administrator appointed pursuant to the Order (the "Transition
Administrator") that the Reconfiguration Cost is the minimum amount necessary to provide
comparable facilities.
FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT
1. Frequencies to be Reconfieured: Incumbent is the licensee under the license(s) granted by
the FCC identified in Schedule A (the "Incumbent Licenses") for the operation of certain 800 MHz
frequencies at the locations identified on Schedule A (the "Incumbent Frequencies"). Nextel, including its
subsidiaries or affiliates, is the licensee under license(s) granted by the FCC (the "Nextel Licenses") for the
operation of Specialized Mobile Radio ("SMR") systems on the frequencies and at the locations identified
in Schedule B (the "Replacement Frequencies"). Pursuant to the Order, Incumbent must relinquish the
Incumbent Frequencies and relocate its system to the Replacement Frequencies.
2. FreQuencv Reconfil!Uration Process:
(a) On or before the Closing Date (as defined below) (i) Nextel or Incumbent will cause the
modification of the Incumbent Licenses to add the Replacement Frequencies or Nextel will cause the
creation of a new FCC license for Incumbent that includes the Replacement Frequencies; (ii) Incumbent will
assign the Incumbent Frequencies to Nextel or at Nextel's election will cause the deletion of the Incumbent
Frequencies from the Incumbent Licenses following Reconfiguration of Incumbent's system; and (iii)
Nextel will cause the modification and/or cancellation of the FCC licenses it holds for the operation of 800
MHz frequencies that are co-channels of the Replacement Frequencies, to the extent required to meet the
Page 1 of 32
technical short-spacing requirements of Section 90.621(b) of the FCC's Rules, 47 C.F.R. 9 90.621(b)
("Section 90.621(b)"), as such rule may be amended from time to time by the FCC.
(b) The Parties agree that Nextel will make the FCC assignment filings for the Replacement
Frequencies on a future date to be determined by the Parties through mutual agreement in accordance
with Section 5. The Incumbent reserves the right to make its own FCC filings for the Replacement
Frequencies on such mutually agreed date, rather than relying on Nextel to do so, by so notifying Nextel
in accordance with the Notice provision of this Agreement..
3. Reconfi2uration Costs:
(a) Acknowledgement of Obligations. Incumbent agrees that:
(i) the cost estimate set forth in Schedule C (the "Cost Estimate") and the equipment set
forth on Schedule D, sets forth all of the work required to reconfigure Incumbent's existing facilities to
comparable facilities that will operate on the Replacement Frequencies;
(ii) after all of the work contemplated by the Cost Estimate has been performed and all
Schedule D equipment provided in accordance with this Agreement, and Nextel has paid all amounts
required by this Agreement, the Incumbent's reconfigured system shall be deemed for all purposes of the
Order to be "comparable" to Incumbent's existing system prior to Reconfiguration, and Nextel shall be
deemed to have satisfied its obligations under the Order to pay the cost of relocating Incumbent's system
from the Incumbent Frequencies to the Replacement Frequencies; and
(b) Payment Terms. In order to facilitate the Incumbent's tranSItion to the Replacement
Frequencies, Nextel will pay the costs incurred to reconfigure Incumbent's system in an amount not to
exceed the Cost Estimate. Nextel will make payments in accordance with the payment terms identified
on Schedule C for both payments made directly to Incumbent and payments made on behalf of Incumbent
directly to each third party vendor identified on the Cost Estimate ("Vendor"). In addition to any items
on Schedule C, Motorola, Inc. ("Motorola") will be providing Incumbent the equipment specifically
identified on Schedule D as "Motorola Equipment" (the "Motorola Schedule D Equipment"). Incumbent
will enter into a purchase commitment with Motorola for the Motorola Schedule D Equipment and any
Motorola items listed on Schedule C within thirty (30) business days from the Effective Date. Nextel and
Motorola have entered into an agreement enabling Nextel to pay for the Motorola Equipment identified
on Schedule D. Nextel will make payments directly to Motorola on behalf of Incumbent for the Motorola
Schedule D Equipment and will make payments to Motorola as a "Vendor", as that term is used in this
Agreement, for all Motorola costs identified on Schedule C. In order for Nextel to make payments to
Motorola for the Motorola Schedule D Equipment, Incumbent will fax to Nextel a bill of lading
associated with each shipment of Motorola Schedule D Equipment signed by an authorized representative
of Incumbent acknowledging receipt of the Motorola Schedule D Equipment in good working order.
Incumbent will be required to follow all Vendor related procedures identified in this Agreement for all
Motorola Services and other Motorola costs identified on Schedule C.
(i) Within thirty (30) days of completion of Incumbent's reconfiguration and prior to the
Reconciliation Date (as defined below), Incumbent will submit to Nextel all documentation
demonstrating the actual costs that Incumbent reasonably incurred or paid to other entities to reconfigure
Incumbent's system ("Actual Costs"). The documentation of Actual Costs ("Documentation") required
by Nextel from Incumbent may include but is not limited to the following: (A) invoices for Actual Costs
that are associated with a category of work as identified on Schedule C; (B) receipts substantiating the
Actual Costs including receipts for any travel expenses incurred by Incumbent such as hotel invoices,
airfare receipts, etc.; (C) Incumbent's individual employee work orders, time sheets and associated
general ledger records specifying the name of the person or employee performing work for Incumbent,
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the date work was performed, the hours worked and a description ofthe activity performed; (D) inventory
lists and certified statements of the numbers of tasks completed for reconfiguration; (E) the applicable
Exhibit B intemallabor certifications. Upon receipt by Nextel of the Documentation for all Actual Costs
and subject to Section 20(b), Nextel and Incumbent will reconcile the Actual Costs against the payments
made by Nextel to Incumbent, Vendor(s) and Motorola (for Motorola Services and/or other Motorola
costs identified on Schedule C) and the Parties will agree upon the amount of any additional payments
(subject to Section 8) due to Incumbent or any refunds due to Nextel. The effective date of agreement on
reconciliation of Actual Costs, Motorola Replaced Equipment (as defined in Section 20) and Nextel
Replaced Equipment (as defined in Section 21) and receipt by Nextel of the Reconciliation Statement
signed by Incumbent is the "Reconciliation Date".
(ii) Any additional payments due to Incumbent from Nextel will be disbursed to
Incumbent within thirty (30) days of the Reconciliation Date, provided the additional payments do not
result from Actual Costs that exceed the Cost Estimate (in which case the provisions of Section 3(b)(iii)
of this Agreement will apply). Any refunds due from the Incumbent to Nextel will be made within thirty
(30) days of the Reconciliation Date.
(iii) In the event Incumbent's Actual Costs exceed the Cost Estimate, Incumbent must
submit a Change Notice pursuant to Section 8 of this Agreement describing the change in scope of work
that resulted in Incumbent's Actual Costs exceeding the Cost Estimate. Approval of any Change Notice
will not be automatic but will be processed in accordance with Section 8 of this Agreement. Additional
payments due to Incumbent, Vendor(s) or Motorola (for Motorola Services and/ or other Motorola costs
identified on Schedule C), which result from an excess of Actual Costs over the Cost Estimate, as agreed
on the Reconciliation Date, will be disbursed to Incumbent, Vendor or Motorola (for Motorola Services
and/ or other Motorola costs identified on Schedule C) within thirty (30) days of execution by the Parties
of the Amendment documenting the approved changes from such Change Notice.
(iv) Prior to the Closing Date (as defined below), Nextel will pay on behalf of itself and
Incumbent, both Parties' applicable sales and transfer taxes, if any, and all FCC fees in connection with
the preparation and filing of the necessary FCC applications for the assignment(s) described in Section 2
of this Agreement.
4. Loaned Reconfi2:uration Equipment: If needed in order to facilitate the Incumbent's
transition to the Replacement Frequencies, Nextel will loan any equipment identified in Schedule D as
"Loaned Reconfiguration Equipment" and will provide any equipment identified in Schedule D as
"Nextel Replacement Equipment". The Loaned Reconfiguration Equipment and Nextel Replacement
Equipment may be referred to collectively as the "Nextel Schedule D Equipment". Nextel will deliver
any Nextel Schedule D Equipment in accordance with the terms on Schedule D. Incumbent will fax to
Nextel a bill of lading associated with each shipment of Nextel Schedule D Equipment signed by an
authorized representative of Incumbent acknowledging receipt of the Nextel Schedule D Equipment in
good working order.
5. Retunin2: Cooperation: The Parties acknowledge that the number of frequencies and
locations covered by this Agreement will require the Parties to cooperate closely in performing their
respective reconfiguration activities. The Parties agree that: (i) as of the Effective Date, the Incumbent
may begin the reconfiguration of its subscriber units, in accordance with the appropriate sections of
Schedule C and Schedule D, (ii) Incumbent may commence such other activities associated with the
reconfiguration of its system as further detailed on Schedule C as of the Effective Date; and (iii) the
Parties will agree on a schedule to make the FCC filings, clear the Replacement Frequencies and
decommission the Incumbent Frequencies (the "Schedule"). Depending on the timing of the adoption of
this Schedule, it may require the submission of a Change Notice in accordance with Section 8 and/or an
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Amendment to this Agreement, but in any event the Parties agree to adopt the Schedule no later than: (a)
sixty (60) days from the Effective Date of this Agreement, or (b) pursuant to a Schedule agreed upon at a
TA scheduled "Implementation Planning Session" that includes the Incumbent's system, provided the
Implementation Planning Session has been scheduled by the T A prior to the expiration of 60 days from
the Effective Date of this Agreement, or (c) such other date as the FCC may require. Notwithstanding the
aforementioned, in the event the completion date in the Schedule for clearing the Replacement
Frequencies and/or decommissioning the Incumbent Frequencies extends beyond the completion date for
such task(s) in Incumbent's proposed implementation timetable (as submitted by Incumbent to the FCC in
accordance with the Order), the completion date(s) in the Schedule may be subject to FCC approval.
6. Representations and Warranties: Each Party represents and warrants to the other as follows:
(i) it is duly organized, validly existing and in good standing under the laws of the state of its
incorporation;
(ii) this Agreement has been duly authorized and approved by all required organizational action
of the Party;
(iii) neither the execution and delivery of this Agreement nor the consummation of the
transactions contemplated by this Agreement will conflict with, or result in any material violation or
default under, any tenn of its articles of incorporation, by-laws or other organizational documents or any
agreement, mortgage, indenture, license, permit, lease, encumbrance or other instrument, judgment,
decree, order, law or regulation by which it is bound;
(iv) it is the lawful and exclusive FCC licensee of its respective license(s) described in this
Agreement, such licenses are valid and in good standing with the FCC, and it has the authority to request the
FCC to assign, modify or cancel such licenses;
(v) there is no pending or threatened action or claim that would have the possible effect of
enjoining or preventing the consummation of this Agreement or awarding a third party damages on
account of this Agreement; and
(vi) to the best of its knowledge, all information provided to the other Party concernmg the
transactions contemplated by this Agreement is true and complete.
All representations and warranties made in this Agreement shall survive the Closing Date (defined
below) for two (2) years.
7. Covenants: From the Effective Date until the Closing Date (defined below), each Party will
promptly notify the other Party of any pending or threatened action by the FCC or any other governmental
entity or third party to suspend, revoke, terminate or challenge any license described in this Agreement or to
investigate the construction, operation or loading of any system authorized under such licenses. From the
Effective Date until the Closing Date, Incumbent will not enter into any agreement resulting in, or
otherwise cause, the encumbrance of any license for the Incumbent Frequencies, and Nextel will not enter
into any agreement resulting in, or otherwise cause, the encumbrance of any of the Replacement
Frequencies.
8. Chanees: The Parties acknowledge that as the Reconfiguration of Incumbent's facilities
proceeds in accordance with the work contemplated by the Cost Estimate, the need for changes to the
scope of such work may arise. The Parties agree that their review of any such needed changes must be '
performed expeditiously to keep the work on schedule and that they will provide sufficient staff to
manage changes. If either Party believes that a change to the work contemplated by the Cost Estimate is
required (including changes by Vendors and/or Motorola), such Party will promptly notify the other Party
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in wntmg. Such written notice (the "Change Notice") shall set forth (i) a description of the scope of the
change to the work contemplated by the Cost Estimate believed to be necessary and (ii) an estimate of any
increase or decrease in the Cost Estimate and in the time required to reconfigure Incumbent's existing
facilities to operate on the Replacement Frequencies. A Party receiving a Change Notice shall
immediately perform its own analysis of the need for and scope of the change and its impact on the Cost
Estimate and schedule and negotiate the change in good faith with the other Party. After the Parties have
agreed upon a change to this Agreement, they shall prepare a proposed amendment to this Agreement
pursuant to Section 25 and submit to the Transition Administrator a copy of the proposed amendment
together with a written request for its approval. Such request shall be accompanied by reasonable
documentation supporting the need for and scope of the change and any proposed increase or decrease in
the Cost Estimate and in the time required to reconfigure Incumbent's existing facilities to operate on the
Replacement Frequencies. Incumbent is responsible for all unauthorized changes necessary as it relates
to work performed by a Vendor and/or Motorola on behalf of Incumbent. No change to the Cost
Estimate, the work contemplated by the Cost Estimate or the time required to reconfigure Incumbent's
existing facilities to operate on the Replacement Frequencies shall become effective until the Transition
Administrator has approved the change in writing and both Parties have signed an amendment
incorporating such approved change into this Agreement pursuant to Section 25. In this regard, in the
event that the Transition Administrator is unable to approve the proposed amendment within ten (10)
business days, and the amendment relates to an activity directly associated with Incumbent's ability to
clear the Incumbent Frequencies, then the deadline by which the Incumbent must clear all users from the
Incumbent Frequencies, pursuant to Section 5, will be automatically extended by the number of days
beyond ten (10) business days in which the Transition Administrator does not take final action to approve
the proposed amendment. Should the Transition Administrator not approve the proposed amendment,
either Party may appeal the decision consistent with the FCC Order, in which event the deadline in
Section 5 will be extended by the number of days it takes for such appeal to be resolved. If the Parties are
unable to agree on modification of this Agreement consistent with the Change Notice, either Party may
request mediation consistent with the FCC Order. Once mediation has been requested, the deadline in
Section 5 will be extended by the number of days it takes for all appeals to be resolved.
9. Closinl!: The closing of the transactions contemplated by this Agreement will take place
after (i) FCC approval of the assignment of the Incumbent Frequencies to Nextel and/or deletion of the
Incumbent Frequencies from the Incumbent Licenses, (ii) FCC approval of the modification to add the
Replacement Frequencies to the Incumbent Licenses or the creation of a new license for Incumbent that
includes the Replacement Frequencies, (iii) the earlier of notification by Incumbent to Nextel that the
Incumbent Licenses are clear of all users and sixty-five (65) days following the date Nextel notifies
Incumbent that the Replacement Frequencies have been decommissioned, (iv) delivery by Incumbent of
all receipts, invoices and other documentation required to substantiate the Actual Cost and signing by
Incumbent and delivery to Nextel of the Reconciliation Statement and other documents required to
complete the Reconciliation similar to those identified on Exhibit B, (v) FCC approval of the
modification and/or cancellation of the FCC licenses Nextel holds for the operation of 800 MHz
frequencies that are co-channels of the Replacement Frequencies, to the extent required to meet the
technical short-spacing requirements of Section 90.621 (b) of the FCC's Rules, 47 C.F.R. S 90.621 (b), as
such rule may be amended from time to time by the FCC, (vi) the refund to Nextel or payment to
Incumbent as described in Section 3(b)(ii), (if applicable); and (vii) the satisfaction of all other conditions
specified in this Agreement (the "Closing Date").
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10. Closint! Conditions: Performance of each Party's Closing obligations is subject to
satisfaction of the following conditions (except to the extent expressly waived in writing by the other
Party):
(a) the continued truth and accuracy of the other Party's representations and warranties set forth in
this Agreement;
(b) all of the covenants of the other Party described in this Agreement are performed in all material
respects; and
(c) execution and delivery by the other Party of Closing documents as well as any other Closing
instruments and documents either Party or its counsel may reasonably request. Incumbent will execute and
deliver to Nextel a closing certification required by the Transition Administrator ("Completion
Certification").
(d) The Parties will cooperate in good faith and exercise their reasonable best efforts to finalize
and execute these instruments and documents on or prior to the Closing Date in order to effect the
Reconfiguration contemplated.
11. Review Rit!hts: In order to enable the Transition Administrator to comply with its audit
obligations under the Order, Incumbent agrees to maintain records and other supporting evidence related
to the costs that Incumbent has expended in connection with the Reconfiguration contemplated by this
Agreement and that Nextel has paid or will pay to Incumbent pursuant to this Agreement. Incumbent
agrees to maintain such records and make them reasonably available to the Transition Administrator for
review or reproduction until eighteen (18) months after the date of Incumbent's executed Completion
Certification required by this Agreement or for a longer period if Incumbent, for its own purposes, retains
such records for a longer period of time. As used in this provision, "records" includes books, documents,
accounting procedures and practices and other data regardless of type and regardless of whether such
items are in written form, in the form of computer data or in any other form. In the event of a post-
Closing audit, the Parties will comply with the Change Notice provisions in Section 3(b)(iii) and Section
8 of this Agreement. Nextel will pay for Incumbent's expenses to comply with any post Closing audits
ordered by the FCC or the T A.
12. Excluded Assets; No Assumption of Liabilities: Nothing in this Agreement should be
construed as a transfer or assignment from either Party to the other Party of any assets (including FCC
licenses) except as expressly set forth in this Agreement. Other than as expressly provided in this
Agreement, neither Party is obligated to assign and transfer to the other Party any asset, tangible or
intangible, nor is either Party entitled to assume any asset, tangible or intangible. Neither Party is assuming,
nor is either Party responsible for, any liabilities or obligations of the other Party arising out of or in
connection with the other Party's licenses (or related systems and facilities) that are the subject of this
Agreement.
13. Confidentiality: The terms of this Agreement, any confidential information disclosed in
connection with this Agreement (whether before or after the Effective Date, including during any
negotiations or any mediation related to such negotiations or the Agreement) and any proprietary, non-
public information regarding the Incumbent Frequencies, Replacement Frequencies, Nextel's business
and Incumbent's business must be kept confidential by the Parties and their employees, shareholders,
agents, attorneys and accountants (collectively, "Agents"), subject to the public disclosure provisions of
Florida law and FCC order, which confidentiality will survive the Closing or termination of this
Agreement for a period of two (2) years. The Parties may make disclosures: (i) as required by law, (ii) to
the Transition Administrator, (iii) to a manufacturer of Replacement Equipment to allow for the
provisioning of that equipment to Incumbent (but only to the extent such disclosure specifically relates to
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that manufacturers equipment as identified on Schedule D), and (iv) to a Vendor and/or Motorola (but
only to the extent such disclosure specifically relates to that Vendor's work and costs under this
Agreement (as identified on Schedule C) or Motorola's work and costs under this Agreement (as
identified on Schedule C and/or Schedule D) as required to perform obligations under this Agreement,
provided, however, that each Party will cause all of its Agents to honor the provisions of this Section.
Nextel, Incumbent and their respective Agents may make disclosures regarding the terms of this
Agreement to other public safety licensees and their Agents. Each party involved in such disclosures shall
cause all of its Agents to confine the disclosure of the terms of this Agreement to only public safety
licensees and will advise the party to whom the disclosure was made, to limit further disclosure to only
public safety licensees in accordance with the FCC Order, WT Docket No. 02-55, adopted January 8,
2007.
14. Cooperation: The Parties will cooperate with each other and the Transition Administrator
with respect to the Reconfiguration work contemplated by this Agreement. Without limiting the
foregoing obligations, the Parties agree to cooperate in the preparation of any applications required to be
filed with the FCC, and Incumbent agrees to provide reasonable access to its facilities so that the
Transition Administrator may comply with any audit obligations and so any Reconfiguration work
contemplated by this Agreement may be performed in accordance with the Cost Estimate and
performance schedule. If a Party is subject to a denial of FCC benefits for delinquent non-tax debts owed
to the FCC that would prevent or delay the timely processing of any FCC applications, such Party shall
cure such delinquency in an expeditious manner and at its sole expense.
15. Reserved
16. Disputes: The Parties agree that any dispute related to the Replacement Frequencies,
Nextel's obligation to pay any cost of the Reconfiguration of Incumbent's system contemplated by this
Agreement, or the comparability of Incumbent's reconfigured system to Incumbent's existing system
prior to Reconfiguration, which is not resolved by mutual agreement, shall be resolved in accordance with
the dispute resolution provisions of the Order, , including the dispute resolution procedures adopted by
the Transition Administrator, as they may be amended from time to time.
17. No Gratuities: No gift, gratuity, credit, thing of value or compensation of any kind shall be
offered or provided by Incumbent, directly or indirectly, to any officer, employee or official of either
Party for the purpose of improperly obtaining or rewarding favorable treatment under this Agreement.
18. Liens: If any liens or security interests attach to any of Incumbent's facilities in favor of any
vendor or service provider that is performing any Reconfiguration work contemplated by this Agreement
as a result of Nextel's breach of any obligation to make direct payment (not in dispute) to such vendor or
services provider, Nextel upon receipt of Notice from Incumbent shall remove any such Liens.
19. Vendor Performance Issues: Incumbent will select and contract directly with Motorola and
any vendor or service provider performing work required to reconfigure the Incumbent's existing
facilities to operate on the Replacement Frequencies. Neither the Transition Administrator nor Nextel will
be responsible for, or assume the risk of any failure of that Vendor or Motorola to perform its obligations
under any contract entered into between Incumbent and such Vendor or Motorola in connection with the
Reconfiguration contemplated by this Agreement.
20. Motorola Replaced Equipment:
(a) If the reconfiguration of the Incumbent's existing facilities to operate on the Replacement
Frequencies involves the replacement of any of Incumbent's existing equipment with Motorola Schedule
D Equipment (as identified on Schedule D), Incumbent will promptly return the equipment replaced by
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the Motorola Schedule D Equipment as identified on Schedule D (the "Motorola Replaced Equipment")
in functional condition to Motorola (shipping fees to be paid by Nextel).
(b) If Incumbent has ordered field implementation services for new subscriber radios
("Motorola Subscriber Services") and Incumbent fails to return any item of the Motorola Replaced
Equipment in functional condition to Motorola, Incumbent must either: (i) return to Motorola those items
of the Motorola Schedule D Equipment that would have replaced the Motorola Replaced Equipment not
returned, in new condition; or (ii) in accordance with Incumbent's mutual agreement with Motorola,
Incumbent will make payment to Motorola for those items of the Motorola Schedule D Equipment that
would have replaced those items of the Motorola Replaced Equipment not returned (including tax (if any)
and shipping).
(c) If Incumbent did not order Motorola Subscriber Services and Incumbent fails to return
any item of the Motorola Replaced Equipment to Motorola within 30 days of receipt of the Motorola
Schedule D Equipment, Incumbent must promptly return to Motorola those items of the Motorola
Schedule D Equipment that would have replaced the Motorola Replaced Equipment not returned, in new
condition. If Incumbent fails to return any item of the Motorola Replaced Equipment to Motorola under
this Section 20(c) and prior to receipt of a Reconciliation Statement from Nextel Incumbent does not
demonstrate to Nextel that Incumbent has made payment of the Product Typical Value (as identified on
Schedule EO )) directly to Motorola for those items of Motorola Schedule D Equipment that would have
replaced the Motorola Replaced Equipment not returned, then either: (i) Nextel will deduct the Product
Typical Value for those items of Motorola Schedule D Equipment provided to replace the Motorola
Replaced Equipment not returned to Motorola (including tax (if any) and shipping) (the "Motorola
Equipment Refund") from the final payment due to Incumbent after the Reconciliation; (ii) Incumbent
must pay the Motorola Equipment Refund to Nextel prior to the Closing Date (if no final payment is due
to Incumbent); or (iii) Nextel will deduct the portion of the Motorola Equipment Refund up to the value
of the final payment due to Incumbent and Incumbent must pay Nextel the remaining Motorola
Equipment Refund not covered by the final payment prior to the Closing Date (if the final payment due
Incumbent is less than the Motorola Equipment Refund).
21. N extel Replaced Equipment:
(a) If the reconfiguration of the Incumbent's existing facilities to operate on the Replacement
Frequencies involves the replacement of any of Incumbent's existing equipment with equipment provided
by Nextel (as identified on Schedule D) or equipment the cost of which is being paid by Nextel pursuant
to this Agreement as listed in Schedule C (collectively the "Replacement Equipment"), then (i) title to the
equipment replaced by the Replacement Equipment (the "Nextel Replaced Equipment") as listed in
Schedule D shall pass to Nextel at Closing free and clear of liens and any other encumbrances, and (ii)
Incumbent shall execute such documentation as Nextel may reasonably request to transfer title to Nextel
and shall within thirty (30) days deliver the Nextel Replaced Equipment to Nextel at Nextel's costs and
pursuant to Nextel's instructions. Title to Replacement Equipment provided by Nextel will pass to
Incumbent at Closing and Nextel shall execute such documentation as Incumbent may reasonably request
to transfer title to Incumbent free and clear of liens.
(b) If Incumbent fails to return any item of the Nextel Replaced Equipment in functional
condition to Nextel, Incumbent must return to Nextel those items of the Replacement Equipment that
would have replaced the Nextel Replaced Equipment not returned, in new condition within thirty (30)
days of receipt of the Replacement Equipment. If Incumbent fails to return any item of the Nextel
Replaced Equipment in functional condition to Nextel under this Section 21(b) and a Product Typical
Value is set forth in Schedule E (2) for the item of Replacement Equipment then either: (i) Nextel will
deduct the Product Typical Value (as set forth in Schedule E (2)) for those items of Replacement
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Equipment provided to replace the Nextel Replaced Equipment not returned to Nextel (including tax (if
any) and shipping) (the "Nextel Equipment Refund") from the final payment due to Incumbent after the
Reconciliation less any Motorola Equipment Refund; (ii) Incumbent must pay Nextel the Nextel
Equipment Refund prior to the Closing Date (if no final payment is due to Incumbent and in addition to
any Motorola Equipment Refund payment); or (iii) Nextel will deduct the portion of the Nextel
Equipment Refund up to the value of the final payment due to Incumbent less any Motorola Equipment
Refund, and Incumbent must pay Nextel the remaining Nextel Equipment Refund and any Motorola
Equipment Refund not covered by the final payment prior to the Closing Date (If the final payment due
Incumbent is less than the Nextel Equipment Refund and any Motorola Equipment Refund).
22. Termination: This Agreement may be terminated and the transactions contemplated by this
Agreement abandoned: (i) by mutual consent of the Parties provided in writing; (ii) for cause by either
Party upon material breach of the other Party, following a thirty (30) day period for cure by the breaching
Party following receipt of written notice of the breach; or (iii) by Nextel prior to Closing in the event of
any Adverse Decision by any governmental entity of competent jurisdiction affecting the Order. For
purposes of this Agreement, an "Adverse Decision" means an order, decree, opinion, report or any other
form of decision by a governmental entity of competent jurisdiction that results, in whole or part, in a
stay, remand, or reversal ofthe Order, or otherwise in any revision to the Order that Nextel determines, in
its sole discretion, to be adverse to its interests. If Nextel terminates this Agreement as a result of an
Adverse Decision, Nextel shall provide Incumbent with written notice of its intent to terminate. In the
event of termination of this Agreement resulting from an Adverse Decision , the Parties shall take all
necessary action (including preparing and filing FCC documents) as soon as commercially reasonable
following Nextel's notice to return the status quo ante measured as of the Effective Date of this Agreement.
In the event of termination ofthis Agreement by Nextel for any reason other than an uncured material breach
by Incumbent, Nextel shall pay all costs associated with the return to the status quo ante, including
Incumbent costs expended in the Agreement negotiations and implementation pursuant to Schedule C that are
supported by verifiable receipts, invoices and other documentation required to substantiate the costs.
23. Attorney's Fees: In any legal proceeding by a Party to enforce its rights under this
Agreement against the other Party, each Party will be responsible for its own attorney's fees and costs.
24. Notices: All notices and other communications under this Agreement must be in writing and
will be deemed given (i) the same day if delivered personally or sent by facsimile; (ii) the next business day
if sent by overnight delivery via a reliable express delivery service; or (iii) after five (5) business days if sent
by certified mail, return receipt requested, postage prepaid. All notices are to be delivered to the Parties at
the following addresses:
If to Incumbent, to: If to Nextel, to:
City of Boynton Beach Nextel South Corp.
Chief G. Matthew Immler c/o Sprint Nextel Corp.
100 E Boynton Beach Blvd. 2000 Edmund Halley Drive
Boynton Beach, FL 33435 Reston, V A 20191
561-742-6101 Attn: Heather P. Brown, Esq.
immlerm@bbfl.us Phone: (703) 433-4467
Fax: (703) 433-4483
With a copy that shall not constitute Notice: With a copy that shall not constitute Notice:
Gary Resnick Sprint Nextel Corp.
Attorney at Law 6575 The Comers Parkway
401 E. Las Olas Boulevard Norcross, GA 30092
Suite 1850 P.O.BOX 2328 (33303-9998) Attn: William Jenkins, VP Spectrum Resources
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Fort Lauderdale, Florida 33301
Phone: (954) 761-8111
Fax: (954) 761-8112
GResnick@Gray-Robinson.com
Phone: (770) 326-7484
Fax: (678) 405-8252
25. Assienment: This Agreement is binding upon and inures to the benefit of the Parties and
their respective successors and permitted assigns. Either Party may assign this Agreement to any direct or
indirect subsidiary or affiliate of the Party, upon delivery of written notice to the other Party.
26. Amendments: This Agreement, including without limitation the scope of work contemplated
hereby and the Estimated Cost thereof to be paid by Nextel, may be amended or modified only by a
written instrument signed by authorized representatives of both Parties, provided, however, no
amendment or modification to this Agreement shall become effective until approved by the Transition
Administrator, or the FCC after an adverse decision by the Transition Administrator.
27. Benefits: This Agreement is for the benefit of the Parties and their successors and permitted
assigns, and nothing in this Agreement gives or should be construed to give any legal or equitable rights
under this Agreement to any person or entity, other than (i) the successors and assigns of the Parties, and
(ii) the Transition Administrator as specifically provided for in this Agreement.
28. Miscellaneous: If any provision(s) of this Agreement is held in whole or part, to be invalid,
void or unlawful by any administrative agency or court of competent jurisdiction, then such provision(s)
will be deemed severable from the remainder of this Agreement, will in no way affect, impair or
invalidate any other provision contained in the Agreement and the Parties will use their commercially
reasonable efforts to amend this Agreement to make the unlawful provision compliant with applicable law
so as to preserve the rights and obligations of the Parties. No action taken pursuant to this Agreement
should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or
agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent
breach, whether of a similar or dissimilar nature. This Agreement, together with the Schedules, constitutes
the entire understanding and agreement between the Parties concerning the subject matter of this
Agreement, and supersedes all prior oral or written agreements or understandings. This Agreement is
governed by the laws of the state of Florida without regard to conflicts of law principles thereof. This
Agreement may be executed in one or more counterparts, including by facsimile, which will be effective
as original agreements of the Parties executing the counterpart. The Parties hereby agree that this
Agreement shall be construed to apply only to the transactions discussed herein and that it is not intended
by the Parties to apply to any other agreements or transactions not specifically discussed or referenced
herein.
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In consideration of the mutual consideration set forth herein, this Agreement is effective as a
legally binding agreement between the Parties upon execution by the Parties.
NEXTEL:
Nextel South Corp.
By:
Name:
Title:
INCUMBENT:
CITY OF BOYNTON BEACH,
a Florida Municipal Corporation
ATTEST:
Kurt Bressner
City Manager
Janet M. Prainito, CMC
City Clerk
Approved as to F om
James A. Cherof
City Attorney
(Seal)
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SCHEDULE A
Incumbent Frequencies
Incumbent's Name: City of Bovnton Beach
Incumbent Assigns to Nextel:
CALLSIGN Frequencies Licensee Location # of Issue Lat (N) Long
Frequencies Date (W)
WNCE606 WNCE606 Boynton Boynton 1 05/19/2004 26' 30' 80' 3' 46.2'
Beach, City of Beach, FL 51.3' N W
WNCE606 WNCE606 Boynton Boynton 1 05/19/2004 26' 32' 80' 4' 17.2'
Beach, City of Beach, FL 29.3' N W
12 of 32
SCHEDULE B
Replacement Frequencies
Incumbent's Name: City of Boynton Beach
Nextel Assigns to Incumbent:
Replacement Lat Long ERP Gnd Ant. New Location
Frequencies (N) (W) (W) Elev Height Licensee
(ft) (ft)
856.8125 26' 30' 80' 3' 192 7 ft. 125 ft. Boynton Beach, Boynton Beach, FL
51.3 N 46.2W City of
856.8125 26' 32' 80' 4' 192 23 ft. 315 ft. Boynton Beach, Boynton Beach, FL
29.3 N 17.2W City of
Page 13 of 32
SCHEDULE C
800 MHZ RECONFIGURATION
COST ESTIMATE - CERTIFIED REQUEST
Request for Reconfi!!uration Fundin!!
Incumbent's Name: BOYNTON BEACH. CITY OF. FL PH II
Pursuant to the Order, Incumbent is required to reconfigure its existing facilities and requests
Sprint Nextel to fund the estimated reconfiguration costs included below:
Incumbent Payment Terms: Sprint Nextel will pay Incumbent an amount not to exceed the
Estimated Cost(s) for Incumbent with respect to each category of work, as set forth below. Sprint
Nextel will pay Incumbent $29,540.67 within 15 days (30 days if Incumbent elects to be paid by
check rather than electronic funds transfer) after receipt by Sprint Nextel of the fully executed
Agreement and fully completed Incumbent Information Form (as set forth on Exhibit A). Sprint
Nextel will pay any outstanding balance of the Actual Costs due to Incumbent within 30 days
after the Reconciliation Date (as "Actual Costs" and "Reconciliation Date" are defined in Section
3(b )(i)).
Vendor Payment Terms: Sprint Nextel will pay each Vendor an amount not to exceed the
Estimated Cost(s) for that Vendor with respect to each category of work, as set forth below.
Sprint Nextel will pay each Vendor within 30 days after receipt by Sprint Nextel of (A) an
invoice from the Vendor and (B) Incumbent's approval of receipt of goods and services and
approval of associated costs included on the Vendor invoice.
1. System Description: The City of Boynton Beach operates as a SmartNet II Plus, single site
five channel trunking system connected to the Palm Beach County SmartZone 3.0 switch. This
system consists of one transmit/receive site with five RF channels located at the Boynton Beach
Tower site. The site utilizes one transmit combiner, one transmit antenna, one receive antenna,
and one tower top amplifier / receive multicoupler. The network management system consists of
one System Watch II terminal and a Zone Manager client. The City of Boynton Beach has one
Centracom II Gold Elite dispatch center located at the Boynton Beach Police Department. The
dispatch center has four operator positions. These consoles will not be affected by rebanding;
therefore no provisions for the reconfiguration of these consoles are included in this proposal.
The Palm Beach County SmartZone Controller must be rebanded before the Boynton Beach
infrastructure can be rebanded. The rebanding of the Palm Beach County SmartZone Controller
is in a separate FRA proposal and is not part of this proposal. Boynton Beach also operates a bi-
directional amplifier that is located at their Police Department. This bi-directional amplifier will
not be affected by rebanding. There are 487 portable radios and 192 mobile radios affiliated with
the system.
The major system elements to be reconfigured are summarized in the table below:
Total In Totallncluded in
System FRA
Base station frequencies 1 1
Page 14 of 32
- Voice channels 0 0
- Home/Control channels 0 0
Repeater sites 1 1
Other sites (remote recv, BDA) 0 0
Subscriber units retuned 2 2
Subscriber units reprogrammed 386 386
Subscriber units replaced 291 291
Subscriber units rebanded total 679 679
Entities operating on the system 0 0
2. Reconfiguration Milestones: Identify the anticipated start date of the overall reconfiguration
of your system (Project Start). Then, for each major reconfiguration milestone listed in the table
below, provide (1) the anticipated number of days after project start date required to begin
execution of the task identified, and (2) the estimated duration in number of days required to
complete the task identified. As an FRA is negotiated, it is not always possible to know an actual
start date for specific reconfiguration tasks. In such a case, it is acceptable to forecast an
estimated start date from execution of the FRA (i.e., "contract execution + xx days") and
estimate the duration of each task.
# of Days After' Estimated
Reconfiguration Task Start Date Project Start Date Duration in # of
for Start of Task Days
Project Start Tbd
Reconfiguration Planning 0 30
Reconfigure Subscriber Equipment 30 60
Reconfigure Infrastructure Equipment 90 30
System Acceptance 120 60
15 of 32
3. Implementation Plan:
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Description of Work To Be Performed Payee(separately identify Estimated Cost(s) for
Incumbent and each Incumbent and Each
Vendor being paid for Vendor (Not to Exceed
vvorkperformed) listed amount)
I. Subscriber Equipment Reconfiguration (Vendor) $163,925.00
. Replacement of Dash Mount Radios - De- Motorola
install & Install for standard sedan or
light/medium truck with unit installed under
the dash and no obstructions or special
installation requirements. (73 units @ 2.30
hrs each @ $118.00 Ihr = $19,812.20)
. Replacement of Dash Mount Radios - De-
install & Install into special vehicle -
Removal & Install of Control Stations (12
units @4.20ills each@ $118.00 Ihr =
$5,947.20)
. Retune Existing Mobile Radios - . Functional
Pre-Test of existing radio - Talk group call
17 of 32
on system' Flash existing radio with
Rebanding software' Load programming
template into existing radio (no obstruction
to programming port of radio and radio is to
be flashed and programmed in the vehicle)
(107 units @0.70 hrs each@ $118.00 Ihr =
$8,838.20)
. Portable Radios - Retune Existing Portable (2
units @ 0.50 hrs each @ $118.00 /hr =
$118.00)
. Portable Radios - Flashing and Retuning of
Existing Portable Radio (279 units @ 0.60
hrs each @ $118.00 /hr = $19,753.20)
. Portable Radios - Replacement of Existing
Portable Radio (206 units @ 0.50 hrs each @
$118.00 /hr = $12,154.00)
. Radio Templates (Masks) - Modify Radio
Templates (Masks) for Replaced Units (30
units @ 4.00 hrs each @ $118.00 /hr =
$14,160.00)
. Radio Templates (Masks) - Modify Radio
Templates (Masks) for Flashed Units (50
units @ 2.50 hrs each@ $118.00 /lu' =
$14,750.00)
. 2nd Programming - Second Programming of
Subscribers (remove old freqs.) - Mobiles
(192 units @ 0.70 hrs each@ $118.00 /hr =
$15,859.20)
. 2nd Programming - Second Programming of
Subscribers (remove old freqs.) - Portables
(487 units @ 0.50 hrs each @ $118.00 /hr =
$28,733.00)
. PM - Project Manager on Site Supervision &
Coordination (96hrs @ $175.00 /hr =
$16,800.00)
. ST - ST Templates & procedures supervision
and approvals (40hrs @ $175.00 /hr =
$7,000.00)
. Replace - LCS2000 (101 @ $60.00 lunit = (Incumbent) $18,783.00
$6,060.00) Boynton
. Replace - LTS2000 (224 @ $21.00 lunit =
$4,704.00)
. Replace - MTX8000 - Model II (2 @ $21.00
lunit = $42.00)
. Reprogram - Astro Spectra - Dash Mount W7
(60 @ $30.00 lunit = $1,800.00)
. Reprogram - Astro Spectra - Remote Mount
W9 (5 @ $30.00 lunit = $150.00)
. Reprogram - Astro Consolette W9 (7 @
$21.00 lunit = $147.00)
. Reprogram - MT1500 (2 @ $21.00 lunit =
$42.00)
18 of 32
. Reprogram - XTL1500 (1 @ $21.00 lunit =
$21.00)
. Reprogram - XTS1500 1.5 (4 @ $21.00 lunit
= $84.00)
. Reprogram - XTS3000 - Model I (242 @
$21.00 lunit = $5,082.00)
. Reprogram - XTS5000 - Model I (13 @
$21.00 lunit = $273.00)
. Reprogram - XTS5000 - Model III (18 @
$21.00 lunit = $378.00)
II. Infrastructure Equipment Reconfiguration (Vendor) $7,000.00
a. Infrastructure Equipment Reconfiguration Motorola
Services
. Controllers (Qty 2) (4hrs @ $175.00 Ihr =
$700.00)
. Repeaters (I units @ 1.00 hrs each @
$175.00 /hr = $175.00)
. Combiners & Duplexer (Antenna System) (1
units @ 1.00 hrs each @ $175.00 Ihr =
$175.00)
. Retune Combiner (1 units @ 1.00 hrs each
@ $175.00 /hr = $175.00)
. MSS - System Watch II - Boynton Beach
PD (2hrs @ $175.00 Ihr = $350.00)
. MSS - Zone Manager Client - Boy ton Beach
PD (2hrs @ $175.00 /hr = $350.00)
. MSS - Zone Manager - Forest Hill Master
Site (2hrs @ $175.00 Ihr = $350.00)
. PM - Project Manager (81ITS @ $175.00 Ihr =
$1,400.00)
. SE - System Engineer (6hrs @ $175.00 1m: =
$1,050.00)
. ST - System Technologist (13hrs @ $175.00
Ihr = $2,275.00)
b. Infrastructure Equipment Reconfiguration (Vendor) $21,111.05
Equipment/Software: Motorola
. RocketPort PCI DB25 Male - Model
No:DS990970 (1 @ $369.75 lEach)
. Certified XP Workstation for SWII - Model
No:DDN9157 (1 @ $2,907.00 lEach)
. SWII on XP Software Upgrade Application -
Model No:T7143 (1 @ $800.00 lEach)
. PC Anywhere 11.5 Client - Model No:L3479
(1 @ $168.30 lEach)
. Hummingbird Exceed 8.0 - Model
No:DDN8172 (1 @$717.40/Each)
. Crystal Reports 11.0 - Model No:DDN8673
(I @ $634.95 lEach)
. Certified 4.1 Workstation - Model
No:DDN9161 (1 @ $3,033.65 lEach)
19 of 32
. 6809 28 Ch Controller Code Plug - Model
No:UOST-0001 (2 @ $1,298.00 lEach)
. CSC Software - Model No:UOST-0004 (4 @
$1,509.00 lEach)
. RSC Software - Model No:UOST-0006 (4 @
$481.00 lEach)
. TSC Software - Model No:UOST-0008 (4 @
$481.00 lEach)
III. Engineering and Verification (Vendor) $1,750.00
. FSO - Pre Rebanding Benchmark Testing Motorola
(Ihrs @ $175.00 /hr = $175.00)
. FSO - Post Rebanding Acceptance Testing
(lhrs @ $175.00 /hr = $175.00)
. FSO - Functional Testing (lhrs @ $175.00
Ihr=$175.00)
. PM - Project Manager (21m @ $175.00 Ihr =
$350.00)
. SE - System Engineer (21m @ $175.00 /hr =
$350.00)
. ST - System Technologist (3hrs@$175.00
Ihr = $525.00)
IV. ProCessional Services (Vendor) $71,704.00
. PM - Project Manager (132hrs @ $175.00 /hr Motorola
= $23,100.00)
. SE - System Engineer (52hrs @ $175.00 Ihr
= $9,100.00)
. ST - System Technologist (64hrs @ $175.00
Ihr = $11,200.00)
. Travel Expenses (I @ $28,304.00 lunit =
$28,304.00)
. Solomon, Doug - Tech Services (Incumbent) $30,323.36
Manager/Rebanding Project Manager Boynton Beach
(215hrs @ $52.51 Ihr = $11,290.01)
. Northrop, Randy - Network Admin/Radio
Technician (215hrs @ $32.07 Ihr =
$6,894.82)
. Immler, Matt - Chief of Police (241m @
$66.08 Ihr = $1,585.81)
. Unger, Wendy - Major - Support Services
(24hrs @ $63.20 /hr = $1,516.83)
. Briganti, Frank - Major - Uniform Services
(24hrs @ $63.20 /hr = $1,516.83)
. Lanier, Grant - Lieutenant - Communications
(24hrs @ $54.37 Ihr = $1,304.98)
. Conboy, Barb - Manager Utilities
Administration (50hrs @ $41.27 /hr =
$2,063.65)
. Sagel, Heidi - Utilities Administrative
Associate (50hrs @ $16.52 Ihr = $826.21)
20 of 32
. Quinn, Larry - Assistant Director - Public
Works (56hrs @ $42.58 /hr = $2,384.23)
. Balfe, Tom - Parks and Recreation Manager
(24hrs @ $34.10 Ihr = $818.48)
. Rizzo, Rosalyn - Office Assistant (9hrs @
$13.50 Ihr = $121.49)
V Contracts and Legal (Incumbent) $9,975.00
. City Attorney Legal Costs - Document Boynton Beach
Review, Research, Technical Consultation
(57hrs @ $175.00 Ihr = $9,975.00)
. Review, revisions and preparations of FRA (Vendor) $88,000.00
and for updates and research on new FCC GrayRobinson, P A
decisions and lUles related to the FRA (80hrs
@ $350.00 /hr = $28,000.00)
. Negotiations and briefing and minimal funds
in costs (telephone, federal express, fax,
travel to City, etc.) (160hrs @ $375.00 Ihr =
$60,000.00)
Boynton Beach Incumbent $59,081.36
Motorola Vendor $265,490.05
GrayRobinson, P A Vendor $88,000.00
Total Estimated Costs $412,571.41
Certification
Pursuant to the Order, Incumbent hereby certifies to the Transition Administrator appointed
pursuant to the Order that the funds requested above are the minimum necessary to provide
Incumbent reconfigured facilities comparable to those presently in use in a manner that is
reasonable, prudent and timely. Incumbent further certifies, to the best of Incumbent's
knowledge, that any vendor costs identified on the Schedule C are comparable to costs
previously charged by each such vendor to Incumbent.
Signature:
Print Name:
Title:
Phone Number:
E-mail:
Date:
21 of 32
SCHEDULE D
BOYNTON BEACH, CITY OF, FL PH II
1) Loaned Reconfiguration Equipment (provided by Nextel)
Quantitv Manufacturer Description Model Number New/Used
1 CMC Directional Coupler (DIN CMC441 268DIN Used
ronnector)
2) Reserved
3) Replaced Equipment (to be delivered to Nextel prior to Closing)
Quantity Manufacturer Description Model Number
1 Workstation for SWII Workstation
I Workstation Workstation
4 CSC Software Software
4 RSC Software Software
4 rsc Software Software
4) Motorola Schedule D Equipment (to be provided by Motorola) - Motorola radios and
flash-kits and accessories only
a) Motorola Subscriber Services will be provided for the following Motorola Schedule D
Equipment
Quantity Description Radio Encryption Model Number
Software
206 XTS2500 RB III Portable Radio Kit SmartNet XTS2500 RB III
20 Carry Case Leather wi 3" swivel belt NNTN4115
loop
11 PSM (Public Safety Mic) 24" straight RMN5073
cable
32 Travel Charger RLN4884
12 Multi-unit Charger WPLN4l08R
85 XTL2500 RB Mobile Radio Kit SmartNet XTL2500 RB
12 No Microphone Needed G90
12 Desktop Microphone W382
12 No Speaker Needed G142
12 Control Station Power Supply G9l
12 Control Station Operation W665
b) Motorola Subscriber Services will not be provided for the following Motorola
Schedule D Equipment
Quantity Description Radio Encryption Model Number
Software
386 IFlashKit SmartNet FlashKit
5) Motorola Replaced Equipment (to be delivered to Motorola within 30 days of receipt of
Motorola Schedule D Equipment)
Quantity Description Radio Encryption Mounting Model Number
Software
206 LTS2000 Portable Radio (each SmartNet L TS2000
Page 22 of 32
with antenna and at least one
battery)
20 Carry Case Carry Case
11 Public Safety Mic PS Mic
32 Travel Charger Charger
12 Multi-unit Charger Charger
73 LCS2000 Mobile Radio (each SmartNet Dash LCS2000
with control head and mic)
12 LCS2000 Control Station (each SmartNet Control LCS2000
with control head and desk mic) Station
23 of 32
SCHEDULE E
Product Typical Values
(1) Motorola Equipment
Rebanding Product
Typical Value
(% are discount off list
Item price)
Mobile, Hiqh Soec (XTL2500 RBI $ 2,050
Accessories & Options
SmartZone Operation $ 162
Digital Operation $ 234
Siren $ 637
Consollette Power Kit $ 500
Consollette Tone Remote $ 475
DTMF Microphone $ 180
DEK $ 475
Extra Loud Speaker $ 106
Dual Control Head $ 575
Dual Control Head Mic $ 80
Dual Control Head Cable $ 95
Dual Control Head Soeaker $ 60
Multi-Radio SW Kit $ 750
Multi-Radio HW Kit $ 1,750
Emerqency foot oedal $ 55
AUXILIARY SWITCH PANEL $ 165
Mobile UCM $ 750
Key Lock Mounting $ 40
Rebanding Product
Typical Value
(% are discount off list
Item price)
Mobile, Low Soec (XTL 1500 RB) $ 1,516
Accessories & Options
SmartZone Operation $ 58
Diqital Operation $ 72
Extra Loud Speaker $ 106
Emerqency foot oedal $ 55
AUXILIARY SWITCH PANEL $ 165
Key Lock Mountinq $ 40
24 of 32
Rebanding Product
Typical Value
(% are discount off list
Item price)
Mobile (XTL5000) 18%
Accessories & Options
XTL5000 Options 18%
Motorcycle Mounting $ 400
Motorcycle Housing $ 900
Rebanding Product
Item Typical Value
Portable, High Spec (XTS2500 III RB) $ 2,375.00
Accessories & Options
SmartZone Operation $ 200
Digital Operation $ 400
Upgrade Both Kit Batteries to HICAP $ 140
Spare Battery HICAP $ 145
Portable Cables $ 251
Carry Case $ 60
Charger $ 165
PSM $ 150
RF Switch $ 140
RSM $ 97
Headset $ 439
Programming Software $ 265
Vehicular Charger $ 95
Portable UCM $ 750
Multi-unit Charger $ 788
Rebanding Product
Item Typical Value
Portable, Low Spec (XTS1500 I RB) $ 1,120
Accessories & Options
SmartZone Operation $ 150
Digital Operation $ 130
Uograde Both Kit Batteries to HICAP $ 140
Spare Battery HICAP $ 145
Portable Cables $ 251
Carry Case $ 60
Charger $ 165
RSM $ 97
Headset $ 439
Programming Software $ 265
Vehicular Charger $ 95
25 of 32
II Multi-unit Charger
I $
788
Rebanding Product
Typical Value
(% are discount off list
Item price)
Accessories & Options
All accessories not listed above 5%
(2) Replacement Equipment
The Product Typical Values for Replacement Equipment shall be:
a. for Replacement Equipment set forth on Schedule C, the cost shown on Schedule C for
the item of Replacement Equipment; or
b. for Replacement Equipment comprising EFJohnson 5100 & 5300 series radios and
associated accessories, the most recent list price as ofthe date a reconciliation statement
is sent to Incumbent by Nextel, less 25%
26 of 32
Exhibit A
Incumbent Information
The following questions are required for processing Electronic Funds Transfers and if Incumbent
wants Nextel to complete the FCC filings on its behalf. All information contained herein shall be kept
strictly confidential and will be used only in completion of the Frequency Reconfiguration transaction.
I. INCUMBENT INFORMATION
Please provide the following information:
Company/Name:
Contact:
Address:
City/State/Zip:
Phone:
Email:
Title:
Fax:
Check Appropriate Box: Individual/Sole Proprietor
Other
Corporation
Partnership
II. BANK ACCOUNT INFORMATION (Required for payment processing.)
Please select preferred payment method: Wire Transfer ACH
Check
Name of Bank:
Address of Bank:
City/State/Zip:
Bank Phone #:
ABA (Routing #):
Account #:
Name on Account:
Federal, State or Individual SS #:
Name of Brokerage Firm (if applicable):
Brokerage Account # (if applicable):
In the event Incumbent will not provide information for Wire Transfer or ACH, Incumbent
acknowledges that all payments will be made by check.
Acknowledged by Incumbent:
required only if Incumbent does not want an electronic funds transfer)
(signature
27 of 32
III. TAX INFORMATION
The Internal Revenue Service and state tax authorities require Nextel to report all transactions, even if the
transaction is exempt from taxation (if so, it will be reported to the IRS as a like-kind exchange).
Therefore, it is necessary for Nextel to collect the infonnation below. If you have specific questions
about your tax implications in this transaction, you should consult your own accountant or financial
advisor.
Incumbent's Federal or Individual Tax ill #, FEIN
(Federal) or SSN (individuals):
State(s) - sales tax license, resale permit,
employment, etc.):
Local (if applicable):
Current State and County location for your
principal executive office:
If there has been more than one location for the
principal executive office within the past five (5)
years, list each such City/County/State location:
IV. FINANCIAL RECONCILIATION CONTACT INFORMATION (indicate one)
A. Check here if same as indicated in Item I above
B. Fill in below if different from Item I above as follows:
Financial Contact Name:
Title:
Address:
City/State/Zip:
Phone:
Email:
Fax:
V. REGULATORY INFORMATION
Would you like Nextel's Regulatory department to prepare and file all necessary FCC paperwork
on your behalf? Yes / No
28 of 32
If yes, please provide the following Universal
Licensing System ("ULS") information for your
licenses:
If no, please provide the following information regarding
who will take care of the preparation and filing of all
necessary FCC paperwork on your behalf:
FRN (FCC Registration Number):
Contact Name:
ULS PASSWORD:
Organization:
Address:
Contact Representative for any FCC related issues:
City:
Name:
State/Zip:
Phone Number:
Phone Number:
Email Address:
I hereby acknowledge that all of the information provided herein is true and correct as of the date signed
below.
Incumbent Signature:
Print Name:
Title:
Date:
29 of 32
Exhibit B(1)
Reconciliation Documentation
Certification of Labor
Incumbent hereby certifies that the internal labor information provided under the Agreement is
true and complete to the best of Incumbent's knowledge. Incumbent further certifies that the the number
of planning and reconfiguration tasks that the Incumbent performed using internal labor for each labor
category on the TA-approved Cost Estimate (as that term is defined in the Agreement) ("Units") and/or
the number of internal labor hours incurred in performing planning and reconfiguration tasks for each
labor category on the TA-approved Cost Estimate ("Hours") were for 800 MHz Reconfiguration and
have been documented in accordance with the T A's policy on Incumbent Labor at
http://www.800ta.orgicontent/PDF/policy/IncumbentLaborRatePolicy.pdf as of the date of this statement.
Incumbent acknowledges that the reconciliation documentation and related supporting records for the
Agreement are subject to the TA's Review Rights (as that term is defined in the Agreement).
Incumbent Name:
Signature:
Name:
Title:
Date:
30 of 32
EXHIBIT B(2)
Reconciliation Documentation
Time Sheet
Documentation
DEAL 10:
DEAL NAME:
** Schedule C Description of Work Actual
Category of Performed (ties Hours *** Rate
Name * Date Work back to schedule C) Worked (hourly) Total Cost
Total $
Cost -
Certification
Incumbent hereby certifies that the internal labor information provided under the Agreement is
true and complete to the best of Incumbent's knowledge. Incumbent further certifies that the the number of
planning and reconfiguration tasks that the Incumbent performed using internal labor for each labor category on
the TA-approved Cost Estimate (as that term is defined in the Agreement) ("Units") and/or the number of
internal labor hours incurred in performing planning and reconfiguration tasks for each labor category on the
TA-approved Cost Estimate ("Hours") were for 800 MHz Reconfiguration and have been documented in
accordance with the TA's policy on Incumbent Labor at
http://www.800ta.org/contentlPDF/policy/lncumbentLaborRatePolicy.pdf as of the date of this statement.
Incumbent acknowledges that the reconciliation documentation and related supporting records for the
Agreement are subject to the TA's Review Rights (as that term is defined in the Agreement).
Incumbent Name:
* Please note: Specific date when work was completed
must be provided. Date ranges are not accepted.
Related Invoice #'s:
Signature:
** Please note: A total should be provided for each
Schedule C category. Subtotals can be provided within
the page or a separate page can be used for each
category/grouping.
Name:
*** Please note: Hourly rates may not exceed the
Schedule C negotiated rate for similar
reconfiguration/planning activities unless accompanied
by an approved change notice that explains why a
higher rate was necessary to complete
reconfiguration/plann ing.
Title:
Date:
31 of32
EXHIBIT B(3)
Reconciliation Documentation
Per Unit Summary
Documentation
DEAL 10:
DEAL NAME:
Description of Work
*Schedule C Performed (ties back to ***Rate (per
Category of Work Schedule C) ** Quantified Units Unit) Total Cost
Certification
Incumbent hereby certifies that the internal labor information provided under the Agreement is
true and complete to the best of Incumbent's knowledge. Incumbent further certifies that the the number of
planning and reconfiguration tasks that the Incumbent performed using internal labor for each labor category on
the TA-approved Cost Estimate (as that term is defined in the Agreement) ("Units") and/or the number of
internal labor hours incurred in performing planning and reconfiguration tasks for each labor category on the
TA-approved Cost Estimate ("Hours") were for 800 MHz Reconfiguration and have been documented in
accordance with the TA's policy on Incumbent Labor at
http://www.800ta.org/content/PDF/policy/lncumbentLaborRatePolicy.pdf as of the date of this statement.
Incumbent acknowledges that the reconciliation documentation and related supporting records for the
Agreement are subject to the TA's Review Rights (as that term is defined in the Agreement).
* Please note: A total should be provided for each
Schedule C category. Subtotals can be provided within
the page or a separate page can be used for each
category/grouping.
Incumbent Name:
Related Invoice #'s:
Signature:
** Please note: A detailed list identifying the individual
units (by serial number or other unique identifying factor)
must be provided in addition to this summary document.
*** Please note: Per unit rates may not exceed the
Schedule C negotiated rate for similar
reconfiguration/planning activities unless accompanied
by an approved change notice that explains why a
higher rate was necessary to complete
reconfiguration/plann ing.
Name:
Title:
Date:
32 of 32
@MOTOROLA
Account Manager Proposal
Prepared By: Troy Hines
Doug Solomon
Boynton Beach Utilities, City 01
(561) 742-6171
(561) 742-
PREPARED FOR:
COMPANY:
PHONE:
FAX:
~ Model
10 H46UCF9PW6BN
10 Q574
10 H335
10 NAF5042
10 NTN9858C
10 NTNI873
.109 XTS 2500 Upgrade
52 XTS 2500 Upgrade
52 H499
45 Down Grade
45 Software
500 RNN4006
110 NTN9815B
50 llOV Charger
25 XTS 5000 Belt Clips
50 XTS 5000 Belt Clips
25 XTS 5000 Carry Case
55 XTS 2500 Carry Case wi Swivel
789 International Pkwy Bldg. A, Sunrise FL 33325
Phone: (954) 723-8912 Fax: (954) 723-8779
Bill To Accounts Payable
Address:
Boynton Bch, FL
Equipment Details and Pricing
Description
XTS 2500 Model 2 762-870 MHz
ENH: 3600 Baud Software(Smartzone, Omnilink, Astro CAI, PTT-ID)
AL T: Battery Impress
1/4 Wavelength Stubby Antenna
Impress NIMH
Impress Charger IIOV
Upgrade to XTS 5000 Model II for PD
Upgrade to XTS 5000 Model II for FD
ADD: Ruggedized Housing
Down Grade XTS 2500 Model III RB to Full Featured Model II XTS 2500
Upgrade from Analog to Digital Software
XTS 3000 Spare Batteries
XTS 2500 Spare Batteries
Date: Jan. 27, 2009
Quote #: 012709thfts
1000303040
CUSTOMER #:
Ship to
Address:
Boy ton Bch FL
Note: Boynton Beach has stated that they've recently become a member of MTUG (Motorola Trunked Users Group)
Pricing for all software quoted is based on being a member of MTUG!
Need Purchase Order
QUOTE TERMS AND CONDITIONS:
1. Quotes are exdusive of all installation and programming charges(unless expressly stated) and all applicable taxes.
2. Purchaser will be responsible for shipping costs, which will be added to the invoice.
3. Title will pass upon shipment, risk of loss will pass upon delivery to purchaser's facility.
4. Ordered equipment may be returned for a full refund, less a 20% restocking fee, if the equipment is returned unused and
undamaged in its original packaging with in six months after shipment.
5. Prices quoted are valid for thirty(30) days from the date of this quote.
6. Unless otherwise stated, payment will be due within ten days after invoice.
7. Motorola's standard equipment warranty( which will be fumished upon request) applies to all ordered equip men
MOTOROLA DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE ORDERED PRODUCTS. EXPRESS OR IMPLIED
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
B. MOTOROLA'S TOTAL LIABILITY ARISING FROM THE ORDERED PRODUCTS WILL BE L1MITTED TO THE PURCHASE PRICE
OF THE PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT WILL MOTOROLA
BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
9. These terms will prevait over any inconsistent or additional terms on any purchase order submitted by the purchaser
QUOTE PAGE TOTAL I
Unit Price
$1,240.00
$1,340.00
$48.80
$19.64
$43.00
$127.05
$719.00
$719.00
$212.50
$0.00
$0.00
$65.00
$49.00
$77.00
$8.86
$12.13
$46.20
$46.20
Total Price
$12,400.00
$13,400.00
$488.00
$196.40
$430.00
$1,270.50
$78,371.00
$37,388.00
$11,050.00
$0.00
$0.00
$32,500.00
$5,390.00
$3,850.00
$221.50
$606.50
$1,155.00
$2,541.00
$201,257.90
Acceptance of Quotation and
Motorola's Terms and Conditions
Approval Signature
Print Name
Print Title
t".U. 11' Asslgnea
@ MOTOROLA
Address Reply To:
789 International Pkwy Bldg. A
Sunrise, FL 33325
(954) 723-8912 Phone.
(954) 723-8779 Fax
January 27, 2009
Doug Solomon
City of Boynton Beach Police Dept.
100 E. Boynton Beach Blvd
Boynton Beach, FL 33435
Ref: Sole Source Procurement .Justification
Dear Mr. Solomon:
['his is a foHow up letter in reference to your justification for a sole source procurement of the
upgrades quoted for to the City of Boynton Beach for aU of your existing radios. The attached
pricing can only be provided to you by Motorola. The purpose of this quote is to facilitate the
requested upgrade cost that will be implemented during the rebanding of the City of Boynton
Beach radio system which has alre.ady been contracted to Motorola.
if you have any questions Of if I can be of further assistance, please contact me at (954) 723-8912.
Sincerely,
Motorola, lue.
,~.;~~ .;;..t-_ ,:,
/~/
Troy Hines
Senior Account Manager
Network and Enterplise Americas Group
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM D.
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to Citv Clerk's
Dates Office Office
D April 21, 2009 April 6, 2009 (Noon) D June 16,2009 June 1,2009nNoon)
D May 5, 2009 Aoril20, 2009 (Noon) D
rgJ May 19,2009 Mav4,2009nNoon) D
D June 2,2009 Mav 18, 2009 (Noon) D
D Announcements/Presentations D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM rgJ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Authorize the use of $850.00 from Commissioner Rodriguez's Community Investment Fund for
the Woman's Club.
EXPLANATION: Commission approval is requested for the allocation of$850.00 for the Woman's Club to assist the
General Maintenance Fund.
PROGRAM IMP ACT: Allocation of funds will assist the above.
FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
AL TE~=orize tho 'oque,(od ""
Department Head's Signature
~~
City Manager's Signature
Public Affairs
Department Name
S:\BULLET!N\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: May 5,2009
Requested by Mayor/Commissioner: Commissioner Rodriguez
Amount Requested: $850.00
Recipient/Payee: Woman's Club
Description of project, program, or activity to be funded: Allocation of funds will assist the
Woman's Club General Maintenance Fund.
Dated: 5/'!>/1)1
, I
By: ,~~( a-<<
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $1,000.00 has been used to date by the requesting Member,
leaving a balance of available funds of $9,000.00. This request would bring the available
amount down to $8,150.00.
Accordingly:
~ There are funds available as requested
o There are insufficient funds available as reque ted
Dated:
5'". 5' . 0 ~
~
By:
Finance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
o The proposed expenditure of funds will not result in improvement to private
property;
o/The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
~roper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
5-b- oS By: ~./1 _
City Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
Page 1 of2
Kendall, Kimberley
From: Welsh, Pam
Sent: Tuesday, May 05, 2009 9:13 AM
To: Kendall, Kimberley
Cc: LaVerriere, Lori
Subject: FW: discretionary funds
Kimberley,
Please prepare an Agenda Request form for Community Investments for Commission Rodriguez as per the email
below. This can be placed on the May 19th Agenda.
Thanks.
[lam WeL,ft
Udmin.;., tJtatioe. (l,,,i6tant
eibJ ~'" 19f1iu
561-742-6013
wd6ftp@Mfi..u.6
From: jreguez@aol.com [mailto:jreguez@aol.com]
Sent: Tuesday, May 05,20098:23 AM
To: Welsh, Pam
Subject: Re: discretionary funds
please issue $850 for the womans club...thanks..
Best,
Jose
-----Original Message-----
From: Welsh, Pam <WelshP@bbfl.us>
To: jreguez@aol.com
Sent: Mon, 4 May 20098:39 am
Subject: RE: discretionary funds
Commissioner,
Attached please find your spreadsheet on Community Investment Funds spent to date. If you have any questions,
please feel free to contact me.
Thank you.
[lam WeL,ft
admi.n.i6tJtatioe. (l,,,i6tant
eibJ ~'" 19f1iu
561-742-6013
wd6ftp@Mfi..u.6
5/5/2009
From: irem,tel@QQ!,cOm Lm~i1tQ;jre~l@itQ!,~Qm]
Sent: Saturday, May 02, 2009 9:03 AM
To: Welsh, Pam
Subject: discretionary funds
Pam, could you tell me what my current balance is..thanks.
Best,
Jose
Can't afford a new spring wardrobe? Go shopping in your closet instead!
Shopping for Mom? ~aY~_YQ!J[self _(:t!i1tL~Jil]J~_ji_I}~L!Don~y Qn_AQL ~JJ.oQQjJJg.
5/512009
Page 2 of2
VI.-CONSENT AGENDA
ITEM E.
err
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
D April 21, 2009 April 6, 2009 (Noon) D June 16,2009 June 1,2009 (Noon)
D Mav 5, 2009 April 20, 2009 (Noon) D Julv 7, 2009 June 15,2009 (Noon)
[8J Mav 19, 2009 May 4,2009 (Noon) D Julv 21,2009 Julv 6, 2009 (Noon)
D June 2, 2009 Mav 18, 2009 (Noon) D August 4, 2009 Julv 20, 2009 (Noon)
D Announcements/Presentations D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM [8J Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to approve the return of both the "off-site" and "on-site" work bonding on THE
ESTATES AT HERITAGE CLUB, PUD, REPLA T NO, I, as recorded in Plat Book 109, Pages 160 & 161, Public Records
of Palm Beach County, Florida.
EXPLANATION: The developer, New Century Boynton One Development, LLLP of Delray Beach, Florida sent the city a
January 21,2009 letter stating that they would not be going forward with their current approved development plans, and
requested the return of two (2) outstanding bonds currently on file with the city. The "off-site" surety amount is $22,000, and
the "on-site" surety amount is $528,233; both issued by Lexon Insurance Company. The city responded with a February 9,
2009 letter citing that the site was partially installed with underground utilities and on-going ground improvements. Further,
the proposed clubhouse was partially constructed. We directed the developer to secure the site via fencing and access gates.
On March 27, 2009, the city received an e-mail stating the developer's desire to (again) secure the release of the bonds, and
they would secure the site as requested, Inspections were performed on April 2nd & 3rd to which we determined the site
secure, Further discussions with the developer ensued, and an additional letter dated April 30, 2009 was received reiterating
their position to not more forward with the development and surrendering all active permits. Therefore, all current permits
have or will become "null and void", Any further development consideration will require processing through the Planning
and Zoning Division again,
PROGRAM IMP ACT: Project will become dormant. Any resurrection will require then current construction cost updates
as a requirement of any re-application,
FISCAL IMPACT: None
AL TERNA TIVES: Pursuant to the LOR, Chapter 7 (Surety), Article I (In General), Section 2.0. (Default) states "in the
event of default by the developer or failure of the developer to complete the obligations within prescribed time limits, the city,
after thirty (30) days written notice to the developer, shall cash the surety to insure satisfaction completion of the obligations",
and in Chapter 6 (Required Improvements), Article VI (Acceptance and Maintenance of Required Improvements), Section 3
states "when a plat has been recorded and the developer fails to complete the improvements required by this ordinance, the
City Commission may, at it's option, complete the publicly or privately owned improvements or restore the site to its original
condition under the guarantees provided by the developer. In such case, the City Commission shall direct the city engineer to
call upon the guarantees as outlined in Chapter 7, Article I, Section 2, Paragraph D." [see above]. Staff recommends that the
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
Q(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
City not complete the development of this site as the amounts held to secure completion are not likely to cover the actual
costs.
;] t2J'L-
~
City Manager's Signature
Assistant to City Manager
~
Public Works I Engineering Division
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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VI.-CONSENT AGENDA
ITEM F
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
D A ri121, 2009
D Ma 5,2009
[8J Ma 19,2009
D June 2, 2009
D June 16, 2009
D Jul 7,2009
D Jul 21,2009
D Au ust 4, 2009
Jul
D
D New Business
D Le al
D Unfinished Business
D
Jul
NATURE OF
AGENDA ITEM
D Announcements/Presentations
D Administrative
[8J Consent A enda
D
D Public Hearin
CJt
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month
of April 2009.
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 IMP ACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the
organization. This ,llows administration to maintain internal controls for these purchases, reduce the administrative overhead
of processing for app{oval, and allow for more timely purchases to be made.
~-
A"i,tant to City M""'gcr ~
/tZt
City Attorney I Finance
L' A~
t~h . '.' ~
Procurement Se ces ~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
.
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR APRil 2009
1. Vendor: CARTERNERPLANCK
Requesting Department: Utilities
Purchase Amount:
Contact Person:
Date:
$19,724.00
Jim Hart
4/30/09
Brief Description of Purchase:
Swing Check Valves needed to repair Master Lift Stations #309,317,356 (Commodity)
Source for Purchase: Sole Source - Match Existing
Equipment
2 Vendor: Southeastern Surfaces & Equipment
Requesting Department: Engineering
Fund Source: 401-2816-536-52-75
Purchase Amount:
Contact Person:
Date:
$19,800.00
George Mantell
4/30/09
Brief Description of Purchase:
Repair, sand and refinish gym floor. Includes painting new logo at center court and game lines and free throw lane per layout. (Service)
Source for Purchase:
(3) Quotes
Fund Source: 302-4209-580.49-17
Police
Purchase Amount:
Contact Person:
Date:
$23,288.85
3 Vendor: More Direct
Requesting Department:
Doug Solomon
4/28/09
Brief Description of Purchase:
Laptop Computers for "take home" vehicles for Police Officers - (Commodity)
Source for Purchase:
(3) Quotes
Fund Source: 691-5000-590.01-27
4 Vendor: Hiddenbed USA, LLC
Requesting Department: Fire Department
Purchase Amount:
Contact Person:
Date:
$20,104.00
Bill Bingham
4/17/09
Brief Description of Purchase:
Murphy Beds - With Desks for the new EOC in Fire Station #5 (Commodity)
Source for Purchase:
(3) Quotes
Fund Source: 304-4123-580.62-01
ITS/GIS
Purchase Amount:
Contact Person:
Date:
$32,145.00
5 Vendor: ESRllnc.
Requesting Department:
Cathy McDeavitt
4/14/09
Brief Description of Purchase:
Annual Maintenance upgrades technical support for Software for GIS User newsletters and magazines and free registration for (3) users
at the Annual GIS Users Conference (Commodity)
Source for Purchase:
Sole Source
Fund Source: 001-1511-513.46-91
Page 1
6 Vendor: Madsen/Barr Corporation
Requesting Department: UTILITIES
Brief Description of Purchase:
Underground Utility work - HOA reimbursing the City (Service)
Source for Purchase:
Bid# 074-2821-08/JA
7 Vendor:
Requesting Department:
Brief Description of Purchase:
Source for Purchase:
8 Vendor:
Requesting Department:
Brief Description of Purchase:
Source for Purchase:
9 Vendor:
Requesting Department:
Brief Description of Purchase:
Source for Purchase:
10 Vendor:
Requesting Department:
Brief Description of Purchase:
Source for Purchase:
Page 2
Purchase Amount:
Contact Person:
Date:
$11,565.00
Tony Lombardi
4/1/09
Fund Source: 401-2815-536.46-42
Purchase Amount:
Contact Person:
Date:
Fund Source:
Purchase Amount:
Contact Person:
Date:
Fund Source:
Purchase Amount:
Contact Person:
Date:
Fund Source:
Purchase Amount:
Contact Person:
Date:
Fund Source:
~-~
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 091004
DATE: 04/30/09
VENDOR 9614
TO: CARTER/VERPLANCK
P.O. BOX 24169
TAMPA, FL 33623
SHIP TO:
City of Boynton Beach
EAST UTILITY ADMIN
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
REQUISITION NO.
48923
ORDERING DEPARTMENT: UTILITIES ADMIN
HS
INQUIRIES REGARDING
PURCHASE ORDER CALL
(561)742-6310
DATE NEEDED:
BID NO:
I COMMISSION APPROVED:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
2.00 EA 10" APCO MODEL 250-10 SWING CHECK
VALVES
3067.0000
6134.00
2
3.00 EA 12" APCO MODEL 250-12 SING CHECK
VALVE W/AIR CUSHI
4530.0000
13590.00
REMARKS:
Swing check Valves needed to repair Master Lift
St2l.tions: 309, 317, and 356.
PROCUREMENT SERVICES:
P.O. TOTAL:
19724.00
ACCOUNT NO.
401-2816-536.52-75
PROJECT
19724.00
PURCHASING
,.
r
~
'\j
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 15-Apr-09
Requesting Department: Utilities/Wastewater
Contact Person: Jim Hart
Explanation for Purchase:
Check valves for Master Station #309 and also valves for Master Stations #317 and 356.
IRecommended Vendor CarterNerPlanck
I Dollar Amount of Purchase $19,724.00
Source for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
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:
401-2816-536-52 -7 5
'~~
I.He; (f1
,Approvals:
Department Head
Purchasing Agent
Asst City Manager
City Manager
~
t-A5-0~
Date
Date
Date
Date
Form Revised 02/01/02
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 091003
DATE: 04/30/09
VENDOR 2364
TO: SOUTHEASTERN SURFACES & EQUIPM
569 CANAL STREET
NEW SMYRNA BEACH, FL 32168
SHIP TO:
City of Boynton Beach
ENGINEERING DEPARTMENT
100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
I COMMISSION APPROVED:
INQUIRIES REGARDING
PURCHASE ORDER CALL
(56117426310
REQUISITION NO.
48839
ORDERING DEPARTMENT: ENGINEERING/MANTELL
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST
EXTENDED
COST
1
19800.00 JOB EZELL HESTER COMMUNITY CENTER-GYM 1.0000
FLOOR
Repair, sand and refinish gym
floor per quotation
#042109-02 dated 4-21-2009.
Includes painting new logo at
center court and
game lines and free throw lane per
current layout.
19800.00
REMARKS:
For Additional information; please contact
Project Manager, George Mantell, (561) 742~6990.
PROCUREMENT SERVICES:
P.O. TOTAL:
19800.00
ACCOUNT NO.
302-4209-580.49-17
PROJECT
CP0421
19800.00
PURCHASING
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #:: 090971
DATE: 04/1 7 / 09
VENDOR 2305
TO: HIDDENBED USA, LLC
422 SW 2ND TERRACE
SUITE 211
CAPE CORAL, FL 33991
SHIP TO:
City of Boynton Beach
FIRE STATION NO. 5
2080 HIGH RIDGE ROAD
BOYNTON BEACH, FL 33426
REQUISITION NO.
48834
ORDERING DEPARTMENT: AMY - FIRE RESCUE
I COMMISSION APPROVED:
BID NO:
INQUIRIES REGARDING
PURCHASE ORDER CALL
(561)742-6310
DATE NEEDED:
LINE#:
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
8.00 EA STANDARD XL TWIN MATTRESS SIZE 36
X 80
VENDOR ITEM NO.- XL TWIN
1753.0000
14024.00
2
8.00 EA TOP STORAGE CABINET
VENDOR ITEM NO.- XL TOP CABINET
518.0000
4144.00
3
2.00 EA STANDARD WARDROBE W. BOTTOM
SHELF
VENDOR ITEM NO.- WARDROBE
538.0000
1076.00
4
1.00 EA LABOR AND INSTALLATION
VENDOR ITEM NO.- INSTALL
640.0000
640.00
5
1.00 EA SHIPPING/DELIVERY
VENDOR ITEM NO.- SHIPPING
220.0000
220.00
REMARKS:
Furniture and furnishings for the new
Emergency Operations Center in Fire Station 5.
PROCUREMENT SERVICES:
"-
\
P.O. TOTAL:
20104.00
.....
ACCOUNT NO.
304-4123-580.62-01
PROJECT
CP0720
20104.00
PURCHASING
.~
err
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 26-Mar-09
Requesting Department: Fire Rescue
Contact Person: Ray Carter
Explanation for Purchase:
This purchasee is for 8 Hidden Bed units to be used as desks and sleeping arangements in the new
City EGC at Fire Station #5. These units are a convertible unit that serves both purposes with one
piece of furniture. The total price of $20,104.00 includes delivery and installation at Fire Station #5.
These item are part of the overall furnshing planned for this new city facility as approved by the City
Commission.
I Recommended Vendor Hiddenbed USA LLC
IDollar Amount of Purchase $20,104.00
Source for Purchase (check and attach backup materials):
Three Written Quotations Ixxx I GSA D
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:
The EGC at Fire Station #5 has a funding account set up for purchases of furnishings.
Account # 304-4123-580-62-01
Approvals:
Department Head
Purchasing Agent
Asst City Manager
. City Manager
Date
Date
Date
Date
I /
4/1Z 101,
'--1 Jr-? 10',
, "'
Form Revised 02/01/02
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
VENDOR 6406
P.O. #: 090964
DATE: 04/14/ 0 9
TO: ESRI INC.
FILE #54630
LOS ANGELES, CA 90074-4630
SHIP TO:
City of Boynton Beach
ITS DEPARTMENT
100 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33435
REQUISITION NO.
48953
ORDERING DEPARTMENT: ITS FOR GIS
I COMMISSION APPROVED:
DATE NEEDED:
BID NO:
UNIT COST
EXTENDED
COST
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
1
1.00 EA ARC INFO CONCURRENT USE PRIMARY
MAINTENANCE
2
2 . 00 EA ARCINFO CONCURRENT USE .sECONDARY
MAINTENANCE
3
1.00 EA ARCINFO CONCURRENT USE SECONDARY
MAINTENANCE
4
1.00 EA ARCEDITOR CONCURRENT USE PRIMARY
MAINTENANCE
5
2.00EA ARCVIEW CONCURRENT USE PRIMARY
MAINTENANCE
6
16.00 EA ARCVIEW CONCURRENT USE SECONDARY
MAINTENANCE
7
1.00 EA ARCGIS SPATIAL ANALYST CONCURNT
USE PRIMARY MAINT
8
1.00 EA ARC GIS 3D ANALYST CONCURRENT USE
PRIMARY MAINT
9
1.00 EA ARCGIS PUBLISHER CONCURRENT USE
PRIMARY MAl NT
10
1.00 EA ARCGIS SURVEY ANALYST CONCURRENT
PRIMARY MAINT
11
1.00 EA ARCVIEW SINGLE USE PRIMARY MAINT
PROCUREMENT SERVICES:
ACCOUNT NO.
001-1511-513.46-91
PURCHASING
INQUIRIES REGARDING
PURCHASE ORDER CALL
1561 )742-631 0
3000.0000
3000.00
1200.0000 2400.00
1200.0000 1200.00
1500.0000 1500.00
700.0000 1400.00
500.0000 8000.00
500.0000 500.00
500.0000 500.00
500.0000 500.00
500.0000 500.00
400.0000 400.00
P.O. TOTAL:
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 090964
DATE: 04/14/09
VENDOR 6406
TO: ESRI INC.
FILE #54630
LOS ANGELES, CA 90074-4630
SHIP TO:
City of Boynton Beach
ITS DEPARTMENT
100 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33435
REQUISITION NO.
48953
ORDERING DEPARTMENT: ITS FOR GIS
I COMMISSION APPROVED:
BID NO:
INQUIRIES REGARDING
PURCHASE ORDER CALL
15611742-6310
DATE NEEDED:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST
EXTENDED
COST
12
9.00 EA ARCVIEW SINGLE USE SECONDARY 300.0000
MAINT
2700.00
13
1.00 EA ARCPAD ANNUAL SUPPORT ASSISTANCE 295.0000
PROGRAM (ASAS)
295.00
14
1.00 EA ARCLOGISTICS ROUTE W/DATA ANNUAL 2000.0000
MAINTENANCE
2000.00
15
1.00 EA ARC PAD APPLICATION BUILDER 500.0000
PRIMARY MAINTENANCE
500.00
16
5.00EA ARCSDE DEVELOPER SUPPORT GROUP 150.0000
'READ ONLY
750.00
17
1.00 EA ARCGIS DATA INTEROPERABILITY 500.0000
CONCURNT USE PRIMARY
500.00
18
1.00 EA ARCGIS NETWORK ANALYST CONCURRENT 500.0000
USE PRIM MAINT
500.00
19
1.00 EA ARCGIS SERVER AGGREGATED MIGRATED 5000.0000
MAINT BUNDLE
5000.00
REMARKS:
BUDGETED LINE ITEM.
PROCUREMENT SERVICES:
P.O. TOTAL:
32145.00
ACCOUNT NO. ANNUAL SOFTWARE MAINTENANCE WITH FREE SOFTWARE
001-1511-513.46-91 UPGRADES, 24/7 TECHNICAL SUPPORT, AND GIS USER
PURCHASING
err....
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 9-Apr-09
Requesting Department: I.T.S./G.I.S.
Contact Person: Carlos Aiken
Explanation for Purchase:
See Attached
I Recommended Vendor ESRI
I Dollar Amount of Purchase $32,145
Source for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
State Contract D PRIDE/RESPECT D
SNAPS D Sole Source EJ
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:
001-1511-513-46-91
Approvals:
Department Head "-
Purchasing Agent
> Asst City Manager
City Manager
e' /.i
Date
Date
Date
Date
""I -~1;' -- ,? cc,.
i (;...
4.rd .oft
0-( ~ (2 ~
Form Revised 02/01/02
Justification for ESRI Annual Software Maintenance Renewal
EXPLANATION:
The annual maintenance provides free software upgrades, 24/7 technical support, GIS User newsletters and
magazines and free registration for 3 users at the Annual GIS Users Conference.
PROGRAM IMP ACT:
Without this maintenance, it would be necessary to pay by the question for technical hardware & software
support. For example, ArcView 3.3 is $50 per question/per call; ArcIMS is $150 per question/per call.
ESRI would not provide us with any technical support for ArcGIS 8.3, ArcSDE or ArcLogistics without a
maintenance agreement. We would have to pay $4500 registration ($1500 ea.) for 3 users to attend the
Annual GIS User conference and pay for each upgrade for each product individually.
FISCAL IMPACT:
Budgeted in account 001-1511-513-46-91
ALTERNATIVES:
Do not renew and absorb cost as they are incurred.
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 090991
DATE: 04/28/09
VENDOR 5268
TO: MORE DIRECT
4800 T-REX AVE
STE 300
BOCA RATON, FL 33431
SHIP TO:
City of Boynton Beach
POLICE DEPARTMENT
100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
REQUISITION NO.
48963
ORDERING DEPARTMENT: POLICE
I COMMISSION APPROVED:
BID NO:
INQUIRIES REGARDING
PURCHASE ORDER CALL
(561}7426310
DATE NEEDED:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
13.00 EA
13-VISTA COA INTEL CORE 2 DUO
P8400 2.26GHZ
CENTRIN02 VPRO)
PANASONIC
1585.0000
20605.00
MORE DIRECT INC.
4800 T-REX AVE. SUITE 300
BOCA RATON, FL 33431
****RETURN PO TO PD****
***THREE QUOTES ATTACHED*****
VENDOR ITEM NO.- CF-52GFNBXAM
2
13.00 EA
13-TB WTY EXT-PROTECT PLUS 3 YR
VENDOR ITEM NO.- CF-SVCLTNF3Y
206.4500
2683.85
REMARKS:
Laptop computers for "take home" vehicles for
Police Officers.
PROCUREMENT SERVICES:
P.O. TOTAL:
23288.85
ACCOUNT NO.
691-5000-590.01-27
PROJECT
23288.85
PURCHASING
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 04/17/2009
Requesting Department: Police
Contact Person: Doug Solomon
Explanation for Purchase:
Replace thirteen (13) four and five year old IBM G40 and G41 laptop computers with Panasonic
Toughbook computers. These will be issued to Officers who will be receiving take home vehicles
per PBA Contract. The IBM Computers are out of warranty, obsolete, and no longer suitable for
daily use. The new Toughbooks include a 3 year warranty, employ advance technology able to run
required applications, and are specifically designed to withstand the rigors of law enforcement use.
Because of their durability, we anticipate a lifespan of 5 to 6 years for these laptops.
I Recommended Vendor More Direct
I Dollar Amount of Purchase 23288.85
Source for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
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.
~f(~ ~ "lN1-or),.7
:wo ~O
Fund Source for Purchase: I flP
at;.--3 )t.
f~ 'M~\"'~
~ CAt f1
Date
Date
Date
Date
1-/1-0/01
I I
Approvals:
Department Head
Purchasing Agent
Asst City Manager
City Manager
Form Revised 02/01/02
---~
VENDOR 0458
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 090936
DATE: 04 /01/ 0 9
TO: MADSEN/BARR CORPORATION
12113 INDIAN MOUND RD
LAKE WORTH, FL 33467
SHIP TO:
City of Boynton Beach
EAST UTILITY ADMIN
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
REQUISITION NO.
48646
ORDERING DEPARTMENT: UTILITIES ADMIN
HS
INQUIRIES REGARDING
PURCHASE ORDER CALL
(5G1)742-G310
DATE NEEDED:
BID NO:
I COMMISSION APPROVED:
MOBILIZATION
EXTENDED
UNIT COST COST
100.0000 100.00
32.0000 192.00
123.0000 123.00
75QO.0000 7500.00
11. 0000 1650.00
110.0000 1100.00
3.0000 900.00
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
1
1. 00 EA
6.00 EA
1. 00 EA
1. 00 EA
150.00 SFT
10.00 LFT
2
3
4
5
6
DENSITIES
PROCTORS
IN$'t$\$J:,,6~ INqH~TERAL wi CO
F~$SH ~ INSTALL ASPHALT
F'tnmISH AND INSTALL VAlrbEY CURB
7 300.00 SFT FURNISH AND INSTALL SOD
REMARKS:
LATERAL)710 VNE 7TH ST. THIS IS THE PRIVATE
SIDE THAT THE HOA WILL BE REIMBURSING THE CITY
P1GGYBACK BID# 065-2821-07/JA
PROCUREMENT SERVICES:
11565.00
I
I P.O. TOTAL:
ACCOUNT NO.
401-2815-536.46-42
11565.00
PROJECT
DEPARTMENT
~.,.\.rY..o
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to V
VI.-CONSENT AGENDA
ITEM G.
CITY OF BOYNTON BEACH.
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
D April 21, 2009 April 6, 2009 (Noon) D June 16,2009 June I, 2009 (Noon)
D May 5, 2009 April 20, 2009 (Noon) D
X May] 9, 2009 May 4, 2009 (Noon) D
D June 2, 2009 May 18,2009 (Noon) D
D Announcements/Presentations D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM X Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Accept a report from the Recreation and Parks Department regarding the use of
facilities by non-city groups/agencies/organizations.
EXPLANATION: At the May 5 meeting, the City Commission requested information regarding the use of
the City's recreation facilities (exhibit "A").
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: Do not accept the report.
~
Department Head's SIgnature
~
City Manager's Signature
Assistant to City Manager ~
Recreation & Parks
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Organizations (rental fees
waived)
Boynton Camera Club
Boynton Fishing Club
Coast Guard Auxiliary
Juvenile Transition Center
YVPP
Juvinile Offenders Program
Organizations that use
facilities more than one-time
annually
CRA
CRA
Humana
Jazzercise
Los Mangos HOA
Manatee
INCA
Castoff Square Dancers
Round Dance
Timothy Masonic Lodge
Use Began Facility
r . . .
2000 Senior Ctr
2000 Boat Club
1965? Boat Club
1998! Hester Center
j
2007: Sims Center
2009, Sims Center
Sims Center
Intracoastal
Senior Ctr
Civic Center
Boat Club
Boat Club Park
. Intracoastal
Civic Center
Civic Center
Hester Center
Recreation Facility Use Report
Exhibit "A"
Facility
Annual Value of i
Facility Use.. ~ Annual Cost Calculation
2,400 4 hrs/month x 12 months
900 1.5 hrs/month x 12 months
36,400 ,20 hrs/wk x 52 wks
25,200 3 day x 6 hrs x 40 wks
93,600 .5 days x 9 hrs x 52 wks
4,800 .1 day x 3 hrs x 40 wks
Hourly Rate
$ 50 $
$ 50 $
$ 35 $
$ 35.$
$ 40 $
$ 40 $
Rate Applied Paying In-Kind
$35/hr for staff X
$35/hr for staff. $150
in custodial fees; X X
Fees collected are
based on rental
agreements that are
submitted with
requests to use the
building. X
Fees collected are
based on rentai
agreements that are
submitted with
requests to use the
building. X
$35/hr for use of
room X
$35/hr for use of
room X
$35/hr for use of
room X (CRA Grant)
$50/hr for use of
room X X
Fees collected are
based on rental
agreements that are
submitted with
requests to use the
building. X
$35/hr to use
meeting room X
Facility Name
Revenue generated to date this year and aU last year for rental of facility (includes private and organization rentals)
FY 08-09 Rental Revenue Total (YTO)
Boat Club
Civic Center
Hester Center
Intracoastal Clubhouse
Senior Center
Sims Center
TOTAL
FY 07-08 Rental Revenue Total
$
$
$
$
$
$
$
795
5,049
780
7,535
2,500
1,290
17,949
$
$
$
$
$
$
$
790
4,923
8,823 .
8,395
5,320
4,587
32,838
Paying
In-Kind
X
X
X
X
X
X
(((
}
VI.-CONSENT AGENDA
ITEM H.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
D April 2!, 2009 Amil 6, 2009 (Noon) D June 16,2009 June 1,2009 (Noon)
D Mav 5, 2009 Aoril20, 2009 (Noon) D
~ Mav 19,2009 Mav 4,2009 (Noon) D
D June 2, 2009 Mav 18, 2009 (Noon) D
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Accept follow up staff report on take home vehicles.
EXPLANATION: At the May 5, 2009 Commission meeting staff presented a report on take home vehicles. During the
discussion Commissioner Rodriguez inquired as to how many of the employees with the take home vehicles reside inside the
City limits and how many resided outside of the City limits. The table below provides this information:
DeDartment No. of Take Home Vehicles EmDI. Inside Citv Limits EmpI. Outside Citv Limits
Police 102 33 69
Fire *11 6 5
Public WorkslEnl!ineerinl! 4 1 3
Recreation/Parks 1 0 1
Finance (Warehouse) 1 0 1
Utilities 10 8 2
Total Take Home Vehicles 129 48 81
*Note: The previous take home vehicle report showed 13 take home vehicles for Fire Dept. This number has been
reduced due to one take home vehicle being eliminated and one being transitioned into a car allowance.
Based on the figures in the above table 37% of the employees with take home vehicles reside within the City limits and 63%
reside outside of the City limits.
PROGRAM IMPACT: This serves as follow up information to Commissioner Rodriguez's inquiry.
FISCAL IMP ACT: A cost sharing take home car policy of $20 per pay period for those employees who reside outside of
the City limits would generate approximately $42,120 annually ($20 x 26 pay periods x 81 employees = $42,120).
ALTERNATIVES: Not to accept staff report.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~
City Manager's Signature
Assistant to City Manager ~
City Manager
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
VI.-CONSENT AGENDA
ITEM I.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
19,2009
D June 16,2009
5,2009
7,2009
Jul
21,2009
Ju1
D AnnouncementslPresentations LJ City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Please place this item on the May 19, 2009 Agenda
EXPLANATION: At the direction of the City Commission staff has initiated a re-examination of the code
provisions concerning the impact of non-residential uses (specifically churches) in residential zoning
districts.
PROGRAM IMPACT: It is expected that the Planning and Development Board will take action on a
proposed code amendment at its meeting on June 23, 2009. A draft ordinance will then be brought to
the City Commission for first reading at its meeting of July 21,2009.
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Jl*,r2.~
City Manager's ~gnature
Assistant to City Manager
Chvt--
Development Department
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
VI-CONSENT AGENDA
ITEM 1.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
D A ril21, 2009
D 5,2009
~ 19,2009
D June 2, 2009
D June 16,2009
D Jul 7,2009
D Ju1 21,2009 Jul
D Au ust 4, 2009 Ju1
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Commissioner Ross has requested that the Recreation and Parks Board review the short
list of pending projects and provide the City Commission with and updated priority list of projects. This will
assist the City Commission in making decisions on which projects to defer or proceed on.
EXPLANATION: The following is the status of the Department's major CIP projects.
PARK BUDGET AMOUNT STATUS
Barton Greenway $1I6,070 The IBI Group has completed the 60%construction plans which have
been sent to FDOT for review. 100% funded by FDOT. No City
funds required.
Boat Club $417,500 Permits have been issued. Request for bid for contractors has been
sent to Procurement.
Congress A venue $2,900,000 Contract with Ocean Gate Contractors, Inc. for construction of the
park was tabled on May 5, 2009 and is on the May 19,2009 agenda
for further discussion.
Hester Park $50,000 Project on hold pending resolution of budget issues by the
Landscaping Commission in Julv.
Jaycee Park $400,000 Permits have been issued. Request for bid for contractors has been
Boardwalk sent to Procurement.
MeadowslNautica $600,000 Request for design contract approval is on the City Commission
agenda for May 19,2009.
Oceanfront Boardwalk $2,400,000 Permitting being approved by ERM and DEP. Once approved (target
May 21), staff will present to the Town of Ocean Ridge City Council
for their approval in June 09. Target date for construction is August
09.
Palmetto Greenway $400,000 The IBI Group has completed the 60%construction plans which have
Extension been sent to FDOT for review. 100% funded by FDOT. No City
funds required.
Play Equipment $115,000 Play equipment for Oceanfront, Boat Club and Palmetto Green Parks
Replacement has been installed. Proiects are complete.
Pence Park $100,000 Conversion of the softball field to a multipurpose field has begun.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
I Renovation
I Target completion date is June 09.
PROGRAM IMPACT: The review by Recreation and Parks will assist the City Commission's policy
making decisions for the 2010 Budget Year.
FISCAL IMPACT: As noted above.
AL TERNA TIVES: Do not refer this item to the Recreation and Parks Advisory Board.
cfM-rlv~
Department Head's Signature
.v~~
City Manager's Signature
Assistant to City Manager
CYM--
Recreation and Parks
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
.
VI.-CONSENT AGENDA
ITEM K.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Turned in to Commission Turned in to
Meetina Dates Citv Clerk's Office Meetina Dates Citv Clerk's Office
D April 21, 2009 April 6, 2009 (Noon) D June 16, 2009 June 1,2009 (Noon)
D Mav 5, 2009 April 20, 2009 (Noon) D Julv 7, 2009 June 15, 2009 (Noonl
~ Mav 19,2009 May 4,2009 (Noon) D Julv 21,2009 July 6, 2009 (Noon)
D June 2, 2009 May 18,2009 (Noon) D Auqust 4, 2009 July 20, 2009 (Noon)
D An no uncements I Prese ntations D City Manaqer's Reoort
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Aqenda D Leqal
D Code Compliance & Leaal Settlements D Unfinished Business
RECOMMENDATION: That the Commission considers for approval the recommendations of staff
regarding the City's Community Development Block Grant Substantial Amendment to its FY 08/09
Community Development Block Grant Annual Action Plan.
EXPLANATION: Under the American Recovery and Reinvestment Act of 2009 CDBG-R, the City
has been provided with a supplemental appropriation to the current years CDBG allocation to address
critical employment and economic development needs. The intent of this additional funding is to invest
in infrastructure that will create or sustain jobs in the near-term and generate maximum economic
benefits in the long-term. Funding is in the amount of $142,780, with 10% of expended funds to be
allocated for administrative purposes. Staff recommends addressing 10 to 12 very low and/or low
income families with the replacement/installation of energy efficient central air conditioning units, to
include improving the building envelope with home insulation and electrical upgrades as needed.
PROGRAM IMPACT: This recommendation will allow the city to leverage CDBG funding with the
Energy Efficiency and Conservation Block Grant (EECBG) funding in order to target economic and
community development through increased energy savings for homeowners. Also, by creating a
demand for green industry professionals and products, we will be stimulating the economy by creating
new jobs and the city will benefit through increased permit revenues.
FISCAL IMPACT: $142,780 is being funded by the U. S. Department of Housing and Urban
development under the American Recovery and Reinvestment Act of 2009, and will be paid to the City
on a reimbursement basis.
ri,LTERNATIVES: To not accept the additional funding at th~
Dep City Manager's Signature
Assistant to City Manager /?I~
Department of Development
Community Improvement Division
Department Name
City Attorney / Finance
S:\Community Improvement\Agenda Requests\2009\CC051909CDBG-R Recommendations.doc
q"~'III"~Nt 0."....0
O'Y ~
~ * * ~
p ...
~ ::
,,~ 0;-
~~" oe'~~
.
U.S. DEPARTMENT OF HOUSING AND URBAN DeVELOPMENT
THE SECRETARY
WASHINGTON, DC 20410-0001
May 5, 2009
Dear CDBG Grantee:
In these difficult economic times, the U.S. Department of Housing and Urban
Development is pleased to announce additional funding for the Community Development Block
Grant (CDBG) program under the American Recovery and Reinvestment Act of 2009 (Recovery
Act). The attached CDBG Recovery Act (CDBG-R) Notice provides your community with a
significant opportunity to address critical employment and economic development needs. In
accepting these funds, it is imperative, however, that you be good stewards of these precious
taxpayer dollars by focusing your efforts on the Recovery Act goals of investing in infrastructure
that will create or sustain jobs in the near-term and generate maximum economic benefits in the
long-term.
HUD is fully committed to implementation of the guidance provided by President Obama
in his March 20, 2009, memorandum regarding the need for responsible spending of Recovery
Act funds. The CDBG-R funding presents a unique set of challenges because of the wide range
of activities allowable under the CDBG program, as compared to the more narrow range of
activities allowable under the CDBG-R program. The goals of the Recovery Act are focused on
stimulating job creation and long-term economic benefit. In an effort to ensure responsible
spending of Recovery Act funds, a number of actions have been taken.
First, Section 1604 of the Recovery Act prohibits the use of funds for certain types of
projects including aquariums, casinos, golf courses, swimming pools, and zoos. This prohibition
is clear and direct, and HUD's guidance on the use of CDBG-R funds reflects these prohibitions.
In addition, HUD is:
1. Conducting extensive outreach to housing and community development officials through
such groups as the National League of Cities, the U.S. Conference of Mayors, the
National Association of County Officials, and the National Governors Association to
underscore the importance of focusing on the key elements of the Recovery Act as they
examine projects proposed for CDBG-R funding.
2. Adding a "terms and conditions" to all grant agreements that clearly reflect the obligation
of the grantee to comply with the Recovery Act in carrying out its responsibilities.
www.hud.gov
espanol.hud.gov
2
3. Providing detailed guidance to grantees regarding expectations for projects and activities
accomplished under the Recovery Act.
4. Encouraging grantees to engage with their auditors early in the planning process, as HUD
has been doing with the Office of the Inspector General, to ensure that major risks to
responsible spending are quickly identified, and mitigation strategies established, upfront.
5. Requiring grantees to identify, upfront, the specific activities and projects that they intend
to fund with CDBG-R funds. The CDBG citizen participation process will apply, with
the additional requirement that grantees post their plans on their own websites in order to
receive a greater level of public comment and scrutiny. Through these efforts, HUD
expects that imprudent projects will be identified and weeded out and that CDBG-R
funds will be used in a manner consistent with the purposes and goals of the Recovery
Act.
6. Posting all proposed grantee projects on the HUD Recovery website to provide complete
transparency and encourage greater scrutiny.
The economic crisis has resulted in many critical needs in our nation's communities. In
order to respond to the core issues of job creation and long-term economic benefit, we must be
disciplined in spending Recovery Act funds. Through the actions outlined above, the
Department intends to reinforce President Obama's message of responsible spending of critical
Recovery Act resources.
Attachment
_, ~~, __-,~~~t~~~;~~~,~~~~~~5~~~1:::i;~:~~~~~~~:;:ti~:':S~P_~~!~~::'
FL FL NON ENTITLEMENT $7,530,194
" ~~~~ih*ll_!',;':':"
FL BOYNTON BEACH $142,780
A\:j '<f'f~~~~~lt~ff~r~ljJ~':~~i'~~<Hl:~._
FL BREVARD COUNTY $421,278
Ffii .\;:<,i~__;, ..::;,;~~~O
FL CAPE CORAL $186,513
Fl';'. "";~1ER<. ...._~.:549
FL COCOA $61,643
.Fli ',;\f,/~~t_.J'/ .... . ~'..~
FL COLLIER COUNTY $581,300
Flir.....;;.~~...SJ!(';:~' . ,'~)_
FL DAVIE $171,629
FL '~':"~:~~~;:,:,' .'.: :.~';~
FL DEERFIELD BEACH $200,684
FL '. ;:;;,iiH____":;:i;j. ".::j!~1
FL DEL TONA $135,554
P'l' ..."..:::........ . ""~" ,.'i.~.....
. , > -,," , ' -- : ,,'''~ l'
,,: ", '." y, _ "., :' I', :;-:.l'",
FL FORT PIERCE $184,499
FL ":.:'~iL~f,:a~., " ,;,~
, "" ">~~V~.~~'P~~,>-:,-,_' ,,0,,> ( <~~~
FL FT LAUDERDALE $557,744
f~; "" >:}>:,:~~j~:~i_'tJI~~~;~;'H-:<:~ ~~~~~J~ ~:(~~~~~: ^-,-,:< .:i _ ~'A~:~:"':
FL GAINESVILLE $371,003
ft,]' ':L"~' ~Jr~UJ~~~~:: ,~l~~p;':;:+~rft~~l \,f}t~
FL HILLSBOROUGH COUNTY $1,607,994
Fl" "'~:H_r~~'\ .... '. :,p~,~
FL HOMESTEAD CITY $212,274
P'r:. . .-'_... , ,. r '~llM"":J,A:L'A4i.1 n..1'T' . ;rM""'"~':'.'5
L ' ~ ~V:^C<'~"'tJ <, ,_. <
" ',- ~, ,,>,..- ,., ' , ,_' _>~l:, ,,' -.' ,~. .".~;",: "
FL KISSIMMEE $165,274
Fl' ';:~~iil~; 'G!3'd~fo83
~~'~J1'~~-,:, .~~.,' 'l"
FL LAKELAND $207,943
FL. . '(_J~qL;;E;'~:':":' '$~26,;Q:11
FL LAUDERHILL $219,266
HUD News Release 09-049
HUD News
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~*
U~~gQ'!e..r
Page 1 of2
Newsroom
News Release
~ InfllI.!!1;!JiQ!lbYSlllJe
~ .Est;!. pj~gi!la. en eSPiliiol
~. !'IiIttYerslQO
HUD No. 09-049
Andrea Mead
(202) 708-0685
www.hud.Qov/news/
For Release
Tuesday
May 5, 2009
HUD ALLOCATES $1 BILLION IN RECOVERY ACT FUNDING TO SUPPORT STATE
AND LOCAL COMMUNITY DEVELOPMENT
COBG funding designed to build critical infrastructure and create jobs
WASHINGTON - In an effort to stimulate cornmunity developrnent and job growth,
U.S. Housing and Urban Development Secretary Shaun Donovan today allocated
$1 billion in funding to nearly 1,200 state and local governments through the
American Recovery and Reinvestment Act of 2009 (Recovery Act). These grants
will be provided through HUD's long-standing Community Development Block
Grant (CDBGl Program and will primarily benefit low- to moderate-income
persons living in these communities.
CDBG enables state and local governments to undertake a wide range of activities
intended to create suitable living environments, provide affordable housing and
create economic opportunities. Under the Recovery Act, recipients shall give
priority to prudent projects that can award contracts based on bids within 120
days of the grant agreement.
"Today, we make another investment in the economic recovery of our cities,
counties and states," said Donovan. "President Obama and I are anxious to put
this money to work for long-term, sustainable community development. And like
this Administration, American taxpayers expect these funds to be spent prudently
so they can quickly contribute to America's economic revitalization and growth."
President Obama directed all Recovery Act funding to be spent responsibly and in
a transparent manner in order to provide a necessary economic boost, create jobs,
and strengthen America's middle class. With today's announcernent, HUD is
reminding CDBG grantees that while the program has historically supported a wide
variety of public improvements, the Recovery Act prohibits certain activities
including "any casino or other gambling establishment, aquarium, zoo, golf course,
or swimming pool."
In a letter to CDBG recipients of Recovery Act funds, Donovan wrote, "In accepting
these funds, it is irnperative that you be good stewards of these precious taxpayer
dollars by focusing your efforts on the Recovery Act goals of investing in
infrastructure that will create or sustain jobs in the near-term and generate
maximum economic benefits in the long-term."
Since 1974, CDBG has provided more than $123 billion to state and local
governrnents to target their own community development priorities. The
rehabilitation of affordable housing and the construction and improvement of
public facilities have traditionally been the largest uses of CDBG funds although
the program is also an important catalyst for job growth and business
opportunities. Annual CDBG funds are distributed to communities according to a
statutory formula based on a community's population, poverty, and age of its
housing stock, and extent of overcrowded housing.
###
HUD is the nation's housing agency committed to sustaining homeownership;
creating affordable housing opportunities for low-income Americans; and
http://www .hud. gov /news/release.cfm ?content=pr09-049 .cfm
5/13/2009
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
D A ri121, 2009
D Ma 5,2009
~ Ma 19,2009
D June 2, 2009
Requested City
Commission Meeting Dates
Date final Form Must be
Turned in to City Clerk's
Office
D June 16,2009
D Jul 7,2009
D Jul 21,2009 Ju1
D Au ust 4, 2009 Jul
-
..
~
- f'n
.- ~ ~
D Announcements/Presentations D City Manager's Report -
::!:
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
~ Public Hearing D
RECOMMENDATION: Please place this request on the May 19, 2009 City Commission Agenda under Public
Hearing. The Planning and Development Board on April 28, 2009, recommended on a 4-3 vote, that this request be
approved, subject to the applicant seriously exploring the southern access route and all staff conditions. For further details
pertaining to this request, see attached Department Memorandum No. 09-016.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Ocean 95 Exchange Plaza (SPTE 09-005)
Michael C. De Simone
Michael C. De Simone
514-518 West Ocean Avenue
Request for a one year time extension for a new site plan (NWSP 06-020) approved on
October 17, 2006, thereby extending site plan approval from February 23,2009 to
February 23,2010. (Note: a Mitigation Agreement changed the approval effective date of
the development order to August 23,2007).
PROGRAM IMP ACT: N/ A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~
""
I) f!~
~'S SIgnature
Assistant to City Manager ~
Planning and Zoning Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Ocean 95 Exchange ParklSPTE 09-005\Agenda Item Request Ocean 95 Exchange SPTE 09-005 5-19-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-016
Chair and Members
Planning and D~eve~9pment Board
Michael Rump/~L.
Director of Plknning and Zoning
Kathleen Zeitler tL
Planner II
April 20, 2009
Ocean 95 Exchange Plaza (SPTE 09-005)
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
Mr. Michael C. De Simone
Mr. Michael C. De Simone
514-518 West Ocean Avenue (see Exhibit "A" - Location Map)
Industrial (I)
Light Industrial (M-l)
No change proposed
No change proposed
Office / Warehouse (133,911 square feet)
6.77 acres (294,997 square feet)
Right-of-way for West Ocean Avenue, then farther north is developed property
classified with Industrial (I) land use and zoned Light Industrial (M-l);
Undeveloped property classified with Industrial (I) land use and zoned Light Industrial
(M-l);
Right-of-way for Interstate 95, then farther east is developed residential property
classified with Low Density Residential (LDR) land use and zoned Single-family
Residential (R-l-A); and
Right-of-way for CSX Railroad tracks, and then farther west are properties with
varying land use classifications and zoning districts. Northwest of the CSX Railroad
Page 2
Memorandum No. PZ 09-016
Ocean 95 Exchange Plaza
SPTE 09-005
tracks are developed residential properties classified with Medium Density Residential
(MDR) land use and zoned Duplex Residential (R-2). Southwest of the CSX Railroad
tracks is a storm-water retention area for Industrial Park, classified with High Density
Residential (HDR) land use, and zoned Planned Unit Development (PUD).
BACKGROUND
The Ocean 95 Exchange Plaza New Site Plan Development Order (NWSP 06-020), was originally approved by
the City Commission on October 17, 2006, and included a designated truck access route to the project along
West Ocean Drive. On January 2, 2007, the City Commission reconsidered their approval and re-approved
the proposed project, reinstating the development order without change to the designated truck route.
However, as a condition of approval, the developer agreed to pay funds to the City for certain off-site
roadway improvements to the designated truck route. Subsequently, in response to concerns of residential
property owners to the west of the proposed project, the City Commission agreed to explore alternate access
routes to the proposed project.
On August 23,2007, an "Agreement for Mitigation of Roadway Improvements" (Resolution R07-099) between
the City and Boynton Industrial, LLC (the project developer), was executed, acknowledging the parties' rights
and obligations with respect to construction of the northern alternate access route and the proposed project.
Per the Mitigation Agreement, the City is responsible for all costs and other obligations associated with the
construction of an alternate access route, including the acquisition of all necessary rights-of-way, and the
developer has agreed that the designated truck route shall be used as access until such time as alternate
access is secured. The Mitigation Agreement acknowledges the developer's right to proceed with
development of the project without regard to the City's plans to construct the necessary roadway
improvements to the designated truck route or to secure an alternate northern access route.
Stanley Consultant's report entitled "Ocean Avenue Interstate 95 Project Alternate Access Route Study" is
scheduled to be presented to the City Commission on April 21/ 2009. In their report they have submitted an
"Opinion of Probable Cost" noting that the cost of an alternate access route could start at 1.5 million dollars
or more. Based on the findings of the report and following further discussion of the alternate access issue,
the City Commission will decide whether the alternate access study should continue to the design phase, or if
the original access route will stand.
PROPOSAL
Mr. Michael C. De Simone (property owner) is requesting a one (l)-year site plan time extension for the
Ocean 95 Exchange Plaza New Site Plan Development Order (NWSP 06-020)/ which was originally approved
by the City Commission on October 17/ 2006. Per the Mitigation Agreement the date the agreement was
executed (August 23/ 2007) became the revised effective date of the project's Development Order. Per the
Land Development Regulations, site plan approval is valid for eighteen (18) months from the date of the
development order. The applicant therefore had until February 23,2009 to secure a building permit for the
project. If this request for a one (l)-year time extension were approved, the expiration date would be
extended to February 23/ 2010.
The subject property is located south of West Ocean Drive, between the CSX Railroad tracks (to the west)
and Interstate 95 (to the east). According to the staff report for the approved site plan (NWSP 06-020)/ the
project proposes a total of 133/911 square feet of office/warehouse use on the 6.77-acre site. The light
industrial "flex-space" project consists of three (3) separate buildings: the north building (59/327 square feet)
with 15 individual bays, the central building (43/122 square feet) with 11 bays, and the south building
(31/462 square feet) with 13 bays (see Exhibit "B").
Page 3
Memorandum No. PZ 09-016
Ocean 95 Exchange Plaza
S PTE 09-005
ANALYSIS
The Site Plan (NWSP 06-020) Development Order was originally approved on October 17, 2006. Per the
City's Mitigation Agreement with the applicant, the Development Order date was revised to become effective
August 23, 2007. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant
shall have eighteen (18) months to secure a building permit from the Development Department.1f Examples
of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation,
and structural. The Regulations authorize the City Commission to approve site plan time extensions up to one
(1) year, provided that the applicant files the request prior to the expiration date of the development order.
In this case, the applicant has met that requirement. The Planning & Zoning Division received the application
for time extension on February 17, 2009, six (6) days prior to the expiration date of the site plan.
According to the justification submitted for the requested time extension, the applicant indicates that the
current economic conditions are not conducive to undertaking this project (see Exhibit "CIf). The justification
submitted also states that the applicant is still committed to the successful development of the project in the
future as economic conditions improve.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. The Palm Beach County Traffic Division approved the traffic study for this project based on
1,089 new daily trips to be generated by the proposed development. The traffic concurrency approval
included a restriction that no building permits are to be issued for the project after the build-out year of 2009.
If a building permit for the project is not issued by the end of 2009, an updated traffic approval letter (with
an updated build-out date) from Palm Beach County Traffic Engineering will be required prior to the issuance
of the permit (see Exhibit "DIf - Conditions of Approval).
The site plan time extension would still be subject to conditions of approval from all previous applications.
Lastly, no new land development regulations are now in place which staff recommends should be applied to
the subject project.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (i)-year time extension of the site plan (NWSP 06-020) for
The Ocean 95 Exchange Plaza project. If this request for extension were approved, the expiration of this site
plan would be extended to February 23, 2010. Staff is generally in favor of the development efforts
represented by the approved site plan. If this request for site plan time extension is approved, all outstanding
conditions of approval from the original development order must still be satisfactorily addressed during the
building permit process. Any additional conditions recommended by the Board or approved by the City
Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "DIf).
S:\Planning\SHARED\WP\PROJECTS\Ocean 95 Exchange Plaza\SPTE 09-005\Staff Report.doc
LOCATION MAP
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EXH IBIT "C"
Michael De Simone
6462 NW 63rd Way
Parkland, Florida 33067
C;j~4 ~{)q- ~)q4?/
February 5, 2009
Michael Rumpf
Director of Planning and Zoning
The City of Boynton Beach
Development Department
Planning and Zoning Division
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Re: Ocean 95 Exchange Plaza
File No: NWSP 06-020
Location: 514-518 West Ocean Avenue
Dear Mr. Rumpf:
As you are aware, site plan approval for the above project was previously granted by the
City Commission. With this letter, I am requesting an extension to the current site plan
approval for an additional period of one (1 ) year. This request is being made on the basis
that current economic conditions are not conducive to undertaking this project at this
time. We are still committed to the successful development of the project in the future as
economic co itions improve.
oo~~~UW~@)
FEB 1 7 2rm
PLANNING AND
ZONING DEPT.
EXHIBIT "D"
Conditions of Approval
Project narne: Ocean 95 Exchange Plaza
File number: SPTE 09-005
Reference'
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The site plan tirne extension shall be subject to all previous Conditions of X
Approval.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. If a building permit for the project is not issued by the end of the build-out X
year of 2009, an updated traffic approval letter from Palm Beach County
Traffic Engineering will be required (prior to the issuance of the permit).
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3. The applicant shall seriously explore the southern access route, as opposed to X
Ocean Drive
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:IPlanningISHARED\WPIPROJECTS\Ocean 95 Exhange PlazalSPTE 09-005\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Ocean 95 Exchange Plaza
APPLICANT'S AGENT:
Mr. Michael DeSimone
APPLICANT:
Mr. Michael DeSimone
APPLICANT'S ADDRESS:
6462 NW 63rd Way, Parkland, FL 33067
DATE OF HEARING RATIFICATION BEFORE cm COMMISSION: May 19, 2009
TYPE OF RELIEF SOUGHT: Request a one (l)-year site plan time extension until February 23, 2010,
to construct 133,911 square feet of office / warehouse on a 6.77-acre
parcel in the M-1 Light Industrial zoning district.
LOCATION OF PROPERTY: 514 though 518 West Ocean Avenue, which is located on the south side
of West Ocean Avenue, directly abutting the east side of the C.S.X.
Railroad tracks and the west side of Interstate 95 (see Exhibit "A" -
Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "D" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
S:\Planning\SHAREDlWPIPROJECTS\Ocean 95 Exchange ParklSPTE 09-005\DO.doc
City Clerk
I
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 28, 2009
1. Final disposition of the March 24, 2009 Planning and Development
Board Meeting Agenda items.
Ed Breese, Principal Planner, reported on April 21,2009, the City Commission approved
the following:
. Dr. Sibia office building site plan
. Land Development Code amendments to the banner regulations
In response to a concern from the Board, a handout regarding the status of the fence at
the Charter School of Boynton Beach was distributed, a copy of which would be forwarded
to Mr. Poznak.
Mr. Breese announced Mr. Lis had a scheduling conflict and could not attend the meeting.
Chair Jaskiewicz had received comments from him that would be read into the record
regarding the agenda items.
6. Old Business.
None.
7. New Business.
Attorney Alexander administered the oath to all who would be testifying.
*
A. Ocean 95 Exchange Plaza
Site Plan Time Extension
1. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Ocean 95 Exchange Plaza (SPTE 09-005)
Michael C. De Simone
Michael C. De Simone
514-518 West Ocean Avenue
Request for a one-year time extension for a new
site plan (NWSP 06-020) .approved on October
17, 2006, thereby extending site plan approval
from February 23,2009 to February 23, 2010.
(Note: a Mitigation Agreement changed the
approval effective date of the development order
to August 23, 2007).
Kathleen Zeitler, Planner, presented the request for a time extension as contained in the
staff report. The property was located south of West Ocean Drive, between the CSX
Railroad tracks (to the west) and Interstate 95 (to the east). The staff report for the
approved site plan proposed a total of 133,911 square feet of light/industrial flex space, an
office/warehouse use on a 6.77-acre site. It included a designated truck access route to
2
J
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 28, 2009
the project along West Ocean Drive. Alternate access to the project was explored by the
City. The mitigation agreement allows the developer to proceed with the development of
th e project, without regard to the City's plans to construct the necessary roadway
improvements to the truck route, or to secure an alternate access route.
The justification for the request for the extension was the current economic conditions were
not conducive to undertaking the project. It also indicated the applicant remained
committed to the successful development of the project in the future, as economic
conditions improved.
More formal criterion for evaluating requests for the time extension was compliance with
traffic concurrency requirements. The Palm Beach County Traffic Division approved the
traffic study for the project based on 1,089 new daily trips generated by the proposed
development. The approval included a restriction that no building permits for the project
would be issued after the build-out year of 2009, and an updated traffic approval letter with
an updated build-out date would be required from traffic engineering prior to issuing the
first building permit for the project.
Staff recommended approval with two conditions of approval. If the request is approved,
the expiration would be extended to February 23,2010 and all outstanding conditions of
approval for the prior development orders must still be addressed during the building permit
process.
Michael DeSimone, the owner of the property, explained he owned the property since
1995. They met all the requirements of the City, and the Planning and Zoning Division
wanted the one-year extension because the economy was not conducive to construction.
No alterations had been made to the site plan submitted. Mr. DeSimone advised he did
not know if the project would be similar to a condominium concept as time would determine
if the project would be a rental or sold to various individual owners.
The mitigation and access status was questioned. Ms. Zeitler explained that at the last
City Commission meeting the consultant presented his study. The City Commission was
aware the applicant would come before them on May 19, 2009 with the site plan and they
had questions and deferred making a decision until that time.
The railroad represented the southern access route, which involved changes to the design
of the railroad crossing and other items. The cost would be approximately $1.5 million. It
was questioned whether the railroad would incur some of those costs.
Mr. DeSimone advised he met with the consultant and there were many questions raised
that they had not considered. He thought an alternate location would be difficult because
of insurance, easements, the distances between the railroad crossings, and the railroad
having to close one opening and open another. Bulldog has a perpetual easement and
there were insurance issues associated with that. The estimate of $1.5 million was a
conservative estimate.
3
I
...
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 28, 2009
The Board inquired about the criteria to approve a site plan time extension. Ms. Zeitler
responded the access route was a site planning issue and the site plan was approved
twice. The merit of the project is not considered and would not come into play with the
extension. The basis for approval or denial was strictly whether the project met the criteria
for the extension or not. Examples of criteria used were things the developer or owner has
done to move the project forward such as permits, fees, traffic concurrency.
Mr. DeSimone had not pursued permits because once a permit is obtained, there was a
limited amount of time to start the project. He would like an extension; he paid the road
impact fees, and they have not changed the plans.
Ms. Barritt noted the condition that if the building permit was not issued by the end of the
year, the applicant had to return to the County for a traffic concurrency study. Mr.
DeSimone had no 'objection to the condition and explained he would like to move forward,
but he did not know where things would be in 2009. He had a moratorium imposed on him
for a year, and the project should have been constructed already. The property is being
marketed and was for sale. He was open to suggestions.
Chair Jaskiewicz opened the floor for public comments.
Attorney Alexander administered the oath to Ms. Mahoney.
Carol Mahoney, 737 SW 1 st Avenue, commented the study was done and it was feasible
to move the truck route as .it would pass a park and travel through a residential
neighborhood. Truck traffic wou'ld increase from 10 trucks a day to 1,180 trucks a day.
Her daughter personally walks the truck route home from school and would for the next
three years. She requested the Board deny the extension.
Chair Jaskiewicz pointed out it was not the site plan the community was objecting to; it was
the traffic route and every effort was being made to alter the route within reason. It was
explained the project met the zoning requirements.
John Fox, 135 W. Ocean Drive, requested the Board reconsider the extension based on
the study presented. An alternative route could increase public safety and there would not
be an excess of commercial traffic or 53-foot trailers driving through.
The community has signs indicating there are no trucks allowed through the neighborhood
at every entrance with the exception being the entrance by the former Waffle House. The
railroad crossing would need to be moved, which would benefit the community and public
safety. He reported the Department of Transportation has a campaign to reduce crossings
or improve their safety. The current crossing was outdated and moving it and updating it
with modern signals would allow the trains to not sound the whistle. He thought there
would be some adjustments to the site plan to make it work for everyone. He suggested it
be reviewed before making a decision.
4
,
J-l
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 28, 2009
Chair Jaskiewicz explained there would not be trailers as there were smaller bays at the
site. She agreed with his comments about access but indicated the comments should be
submitted to the railroad company.
Vi nola Rada, 718 SW 3rd Avenue, announced the City Commission approved the study
which indicated they approached Mr. DeSimone and asked for an access easement from
Bulldog Fence Co. and he refused it. She announced the residents present agreed with
Mr. Fox's statement and were present for the safety of the community and children. They
will attend the Commission meeting and she advised that Commissioner Rodriguez does
not feel the site plan should be approved. She also indicated there was an area in the bay
for trucks to unload and there were loading docks.
Chair Jaskiewicz explained large trucks need elevated loading docks, and the plans she
reviewed did not have elevated loading docks. Ms. Rada disagreed and advised there
were loading docks.
Jonah Tennant, 653 SW 4th Avenue, advised his son rides his bicycle to the park. If the
Board approves the extension, it bas the potential to open the back area by the Winchester
property and the Woolbright Bridge that crosses 1-95. There would be more traffic traveling
there.
He reported that Commissioner Rodriguez, at the last meeting, alluded to Mr. DeSimone
being unwilling to change the plans or obtain an easement with Bulldog Fence. Bulldog
Fence would drive through his property to get to their property, and the applicant was
driving through their neighborhood to get to his property. He advised they did not want that
and he did not know what kind of person would do that to families. There were signs on 1-
95 advertising industrial suites. Now the sign says property for sale.
Mr. Tennant explained if they can prevent one child's death it was worth it. He requested
they take a hard look at the extension and deny it.
Chair Jaskiewicz explained the Board's job is to determine whether the applicant meets the
criteria for the extension. The City has granted other extensions and to deny this request
would be difficult without a valid reason. She acknowledged Mr. Tennent's concerns and
advised that previously there was a heavier intensity of use, although the lighter use would
still increase traffic. Additionally, the use would still need to meet the building and zoning
requirements, which was M-1, Light Industrial.
Mr. Tennant inquired if the Board approved the extension, if the permits were transferrable
to a new owner. Ms. Zeitler explained the extension would only keep the site plan alive for
another year. Once building permits are issued, the clock stops and the project is no
longer vested or subject to site plan expiration. If another owner comes along, they could
construct the same thing, but if they wanted to change anything, they would have to obtain
a major site plan modification and the clock would start all over again. Site plan approval,
versus not having the approval, would make a big difference in the value of the property.
5
.
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 28, 2009
Wendy Franklin, 121 NW 6th Street, indicated trucks for Bulldog Fence come in the
morning, load a couple of trucks and are gone all day. The semi tractor-trailors were great,
but the applicant could not guarantee there would not be semi tractor-trailers. She
asserted even without a dock, a semi could be loaded. The drawings the City Commission
had reflected the project going south through the other property. The City Commission
indicated they would pursue the southern route, and the railroad was contacted. She
contacted the railroad two years ago and reported they were always willing to relocate a
crossing when it came into a residential neighborhood and there was a danger. The City
has to obtain a sliver of land from a bank that probably does not want it because the
property is landlocked. The obstacle holding up the project was who would want to rent the
building when they saw where they have to go. She advised he could have his own road
right off of an 1-95 exit. Individuals going south on 1-95 would see the property. The City
Commission approved obtaining the information from DOT. Additionally, Ms. Franklin
recalled the residents were told the neighborhood would be notified when the item would
be heard. The City Commission had a meeting last week and they were not notified.
Accordingly, they had no input.
Jeff Morgan, 745 SW 1st Court, urged the Board to consider denying the extension. He
thoughy things had changed since the original site plan. They had not considered the
southern alternate route. By denying the extension, it could turn the project into a positive.
The property could be viewed in a new way - as a project tha,t could adapt to the
community. They could work together, instead of having a project the community does not
want. He reported because of the possible route to the south, it made the site plan
different.
Jim Bogart, 721 SW Lake Co~rt, the former President, Vice President and Treasurer of
Palm Beach Leisureville explained Ocean Drive traverses their community. Traffic would
impact them and their community is a senior community. Residents have canes, and
walkers; some residents have poor sight and poor hearing. He advised the traffic would be
a safety issue for their community just as much as it would be for the children in the
neighboring community. Real estate values would be impacted and the traffic c6uld run
down both communities. He asked the members to consider the factors, be cognizant of
the wants of the community, and how they would feel if the project were put in their
community. .
Victor Norfus, 261 N. Palm Drive, spoke on behalf of the community and was not in favor
of the project. He clarifyied he did not live there; however, he grew up in the area. He
indicated now that Interstate 95 was constructed it would be difficult to have an industrial
area there. There was an old train station there, and at the last City Commission meeting,
they discussed the cost to improve it. He expressed it should remain a residential area and
housing should be there as opposed to a business that would attract heavy truck use.
Additionally, the route the trucks would use was not designed for heavy truck traffic. He
thought it was a bad idea and it would not be successful in the present economy having a
traffic route there. He was against it.
6
.
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 28, 2009
Chair Jaskiewicz indicated she was unsure the Board had the authority to deny the
request, as the property was for sale and the project may be non-existent.
Attorney Alexander explained the authority of the Planning and Development Board is
advisory and they should recommend to the City Commission whether the extension
should be approved or not. The City Commission, based on whatever factors it considers
relevant, would decide on the extension of the site plan. The Board needed to recognize
that certain permits and other items may expire that would have to be renewed prior to
issuance of a final building permit. Approval can be recommended with conditions to the
City Commission, and they make the ultimate decision.
Mr. Myott expressed the site plan expired and the Board was being asked for an extension.
Ms. Zeitler clarified the plan had not expired because they submitted the request for
extension prior to the expiration date. Mr. Myott expressed he did not believe the Board
was obligated to approve it. The time for the applicant to obtain his permits and drawings
was going to expire, and the Board did not have to allow him time to obtain them.
Attorney Alexander explained there was no automatic approval of the site plan extension
request, but it has been the City's practice to recommend approval at least upon the first
request. Other projects requested extensions citing the same general market conditions
and the Board .approved them. .
Mr. Myott felt other requests did not have the impact this project did. He also indicated he
would vote on the extension the way he would have voted on the initial request, had he
served on the Board when it was heard.
Ms. Zeitler was not aware of any variances attached to the property. She clarified if the
property was zoned M-1, the applicant has the right to build it to the use it was zoned for.
She announced they could make recommendations to make it as safe as possible, similar
to the conditions they imposed with the Charter School.
Ms. Mahoney indicated the only thing the Board had to do was deny the application.
Chair Jaskiewicz read Mr. Lis' comments into the record on the request as follows: "Okay,
as long as they have complied with all previous conditions." The previous conditions
included in the consensus of the Board when it was approved was an alternate route be
studied and pursued. It was also noted Mr. Barnes had previously requested different
elevations on the buildings facing the neighborhood
Vice Chair Saberson agreed the Board would not like to see traffic going through the
neighborhood but he was unsure how they could proceed. When it was initially heard, the
motion had the caveat that the site plan was okay but there was a traffic issue. He noted
the applicant had the right to develop the property, but off-site impacts are considered.
Unless the City can achieve a more satisfactory resolution of ingress or egress, he was not
in favor of furthering the site plan.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 28, 2009
Mr. Fox responded most residents were not opposed to having something developed on
the site. The problem was they did not want the route through the residential area, and the
site plan currently is not conducive to the alternate route. That was why they wanted the
extension denied, so the plan could be revised and opened to the southern route.
Chair Jaskiewicz recalled when the plan was presented, the consensus was it was an
improvement to what was on the property. There were drug deals and many calls to the
police about it. The property degraded the neighborhood. The recommendation made
was to have anoth~r route for ingress and egress. Chair Jaskiewicz sympathized with the
residents but disagreed to the earlier comment there were loading docks.
Mr. Tennent announced the property was land locked by the residential neighborhood.
There was a property owner at the south end (Winchester Property) and they tried to enlist
their cooperation and press for the railroad crossing being moved there to give him access
before he decided to develop.
Ms. Grcevic spoke about the industrial park by L.A. Fitness, which had garages and trucks
that could pull in the back. There were no semis there. The park on High Ridge Ro.ad had
a higher intensity of use and had a lot more trucks. If the project was similar to L.A.
Fitness, there would be less of an impact.
Mr. Bogart emphasized the concern was there was a lack of cooperation if they did pursue
the southern route in granting an easement through the property, and moving the railroad
crossing.
Chair Jaskiewicz pointed out there was good will, otherwise they would not have authorized
the study.
Ms. Franklin explained at the City Commission meeting, they were advised that Mr.
DeSimone was not interested in cooperating. She explained she owns the property across
the railroad tracks and there was never a problem with drugs or vagrants; rather, there
were more problems at the American Legion Hall and the industrial area by L.A. Fitness did
not have a school. Chair Jaskiewicz pointed out the Charter School was nearby.
Ms. Killian was aware the community has been pursuing the issue for 2.5 years. She
acknowledged the resistance was not to the project, it was with the access. She advised
she could not support the project the way it was, and there had to be a way to come to
terms with it.
Chair Jaskiewicz requested a motion and asked that the approval be contingent on
pursuing an additional ingress and egress, and they want them to continue to pursue
another route as legally, the B<;,ard could only recommend.
Motion
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 28, 2009
Mr. Myott moved to deny the time extension for the project. Ms. Killian seconded the
motion.
Mr. Saberson disclosed his son lives in the affected area. He consulted with Attorney
Alexander who indicated he did not need to abstain, only to make the declaration.
Mr. DeSimone acknowledged the situation but he was caught in the middle. He owned the
property for 14 years and he was trying to develop it. He advised the loading bays were
non-existent as the property is long and narrow, and not conducive to a tractor-trailer.
When he first received site plan approval, the Board recommended a study based on
eliminating a few homes and entering through a north route. In time, the route was
deemed inappropriate. The southern route was fairly new. They approached him eight or
nine months ago about it and said he would consider it and he was open to suggestions.
The project was fine. The problem was the roads to it, and he has no control over them.
He was willing to sit down with engineers and he was not opposed to anything. As a father
and grandfather, he also advised he did not want anyone to get hurt.
Vote
A roll call vote was taken and .the motion failed 3-4 (Chair Jaskiewicz, Mr. Barnes, Ms.
Grcevic and Ms. Barritt dissenting.)
Motion
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Mr. Barnes moved to approve the site plan extension subject to all the previous conditions
and subject to the condition that the developer seriously explore the southern access route.
Ms. Grcevic seconded the motion. A roll call vote was taken and th~ motion passed 4 to 3
(Vice Chair Saberson, Ms. Killian and Mr. Myott dissenting.)
Mr. Breese requested the following two items be heard together and action taken by two
separate motions at the end.
B. Interim Amendment to the Land Development Regulations:
Funeral Home with Cemetery as allowed use in C-3 z"oning District
Code Review
1. PROJECT:
AGENT:
DESCRIPTION:
Funeral Home with Cemetery (CDRV 09-004)
City-initiated
Request for interim amendment to the Land
Development Regulations, Chapter 2, Zoning to
allow Funeral Homes with Cemetery in the
Community Commercial (C-3) zoning district, on
parcels in excess of 10 acres.
Mr. Breese advised both amendments are intended to accommodate the current
9
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM A
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
D April 21, 2009 April 6, 2009 (Noon) D June 16, 2009 June 1,2009 (Noon)
D May 5, 2009 April 20, 2009 (Noon) D July 7, 2009 June 15, 2009 (Noon)
~ May 19, 2009 May 4,2009 (Noon) D July 21, 2009 July 6, 2009 (Noon)
D June 2, 2009 May 18,2009 (Noon) D August 4, 2009 July 20, 2009 (Noon)
D Announcements/Presentations ~ City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Proceed with the implementation of the 501{c) 3 not-for-profit foundation
(Foundation) through a contract with the Waters Pelton Organization, Inc, (Waters Pelton).
EXPLANATION: At the May 5,2009 Commission meeting, the contract to construct Congress
Community Barrier Free Park was tabled to determine if the bid price could be extended until budgetary
issues can be resolved. Also discussed was the implementation of the Foundation. The purpose of the
foundation is the "planning, encouraging, supporting and promoting of community involvement and
growth through the solicitation and administration of funding projects on behalf of the City which assist
educational, recreational and cultural ventures for the benefit of the residents of the City of Boynton
Beach and the surrounding areas." The Congress Avenue Barrier Free Park is the initial focus of the
Foundation; however, ifthe project is deferred or cancelled, the Foundation would be able to assist the
City with other park and cultural projects. It is anticipated that it will take a minimum of one year to
develop the Foundation, and one year for it to become fully functional. See Exhibit A - Timeline. The
City Commission approved a contract with Waters Pelton for the development of the foundation at the
April 7, 2009 Commission meeting.
PROGRAM IMPACT: Deferral of the implementation of the Foundation will significantly impact the
organizational readiness and its ability to raise funds as soon as the economy turns around. Regardless of
the timing of the start of the Congress Avenue Barrier Free project, it is important to allow time to
establish credibility and develop relationships with private individuals and corporations, to help foster
the long term success of the foundation. Initially, the structure of the organization must be determined.
There are several ways to set up this foundation. Waters Pelton has a team with national level experience
in starting and operating Community Foundations. The City is in an excellent position to create a
foundation, attract board members and begin organizational development without the immediate
pressure to raise funds. Waters Pelton has a track record using this systematic approach to bring long
term success.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: Moving forward with the Foundation will positively impact the ability to raise
funds for any project in Boynton Beach. It is important to start forming this foundation now so that the
Board is able to begin establishing credibility in the community and forging relationships for future
private public partnerships that can potentially raise significant dollars to fund projects in the City.
Funding for the establishment of the foundation is provided in CIP account #302-4298-580-63-05
CP0617. Expenditure: $72,250.00.
ALTERNATIVES:
(1) Cancel the contract with Waters Pelton for the development of the Foundation
and not to move forward with the Foundation. The contract includes a stipulation that it can
be cancelled by giving ten (10) days written notice to the consultant.
(2) Continue to implement the 501(c) 3 not-for-profit foundation through a contract
with the Waters Pelton Organization, Inc,.
EXHIBITS:
A. Timeline for Boynton Beach Community Foundation, Organizational Development and Pre-
Campaign Planning
/{
~
12t~
City Manager's Signature
Assistant to City Manager ~
City Manager's Office
Department Name
City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Exhibit A
Boynton Beach Community Foundation
Timeline
Timeline for Boynton Beach Community Foundation
Organizational Development and Pre-Campaign Planning
We recommend a 12 month organizational development and pre-campaign planning phase
as follows:
Months 1-3
~ Fully define/refine the organization's purpose first articulated in the draft Articles of
Incorporation and Bylaws in preparation for filing for incorporation.
~ Fully identify unmet community needs that the Foundation aims to meet and
develop future goals and objectives to meet those needs.
~ Identify specific concerns and develop strategies to address those concerns identified
during the course of the study related to the "broad focus" of the Foundation.
~ Develop marketing materials necessary to communicate this information to key
constituencies.
~ Develop a strategy for recruiting a strong board of directors.
~ File for incorporation of foundation once the initial board is in place.
Months 4-6
~ Develop a leadership awareness strategy and action plan to educate and cultivate
business and community leaders and philanthropists about the purpose of the
Foundation, and to educate them regarding the proposed plans for the park project
and its impact on those it will serve. Within this strategy should be a targeted public
relations plan to enhance the organization's profile in the community.
~ Initiate a comprehensive program to identify and evaluate future campaign
leadership prospects.
~ Initiate a program to cultivate individuals who could potentially provide or access the
top or lead gifts and seek input as to the elements most appealing to them in order to
consider a phased approach to a future campaign.
~ Identify dedication/memorial gift opportunities based upon plans and input from
potential donors.
Months 7-12
~ Develop prospect identification/ donor cultivation program targeting donors capable
of gifts of $10,000 and above.
~ Research and assemble prospective donor database and determine which prospective
donors have the capacity for making gifts of $100,000 or more.
~ Make a determination as to how and when to move forward with the formal
campaign, considering phasing or other alternative approaches to funding the
elements of the plan.
THE WATERS PELTON ORGANIZATION, INC.
FUND RAISING. PLANNING. !\.1ARKETING COMMVNICATIONS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM B
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to Citv Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 A ri121, 2009 0 June 16,2009
0 5,2009 0 Jul 7,2009
[8J 19,2009 0 Jul 21,2009 Jul
0 June 2, 2009 0 Au ust 4, 2009
0 Announcements/Presentations [8J City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Discuss award of the bid for the construction of Congress Avenue Barrier
Free Park in the amount of$ 1,925,000 to Ocean Gate General Contractors, Inc. (Ocean Gate). The
total cost of construction is $1,925,000 plus a 10% contingency for a total project cost of $2, 117,500.
EXPLANATION: At the May 5,2009 Commission meeting the contract award with Ocean Gate was
tabled to determine whether or not the bid price could be extended until August to allow the
Commission further opportunity to consider the CIP/Park Development projects in concert with the
regular budget review process. Budget workshops are scheduled for July. It is anticipated that a final
decision on the park projects can be made by August, 2009.
Ocean Gate was contacted and has offered to extend the current bid price through August 31, 2009
(letter attached) to allow the Commission time to move forward with their budget discussions. Staff has
further researched the possibility of allocating Park Impact Fee (PIP) funds to augment the construction
of the park. There is approximately $914,946 in undesignated funds available in the PIP fund. Exhibits
A&B outline funding alternatives.
PROGRAM IMPACT: Deferral of the contract with Ocean Gate until August will have no
programmatic impact other than the delay the start of the project.
FISCAL IMPACT: Further delay beyond August would likely cause the City to lose at least one grant
and possibly all three. As a reminder, the annual maintenance costs for Congress Avenue Phase I will
not impact the projected budget. No additional staff or equipment will be required. The total fiscal
impact depends on which alternative is selected. See below alternatives.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: (1)
Enter into a contract with Ocean Gate for the construction of Congress
A venue Barrier Free Park as currently bid (Exhibit A) - Est. transfer to
General Fund - $307,500
(2) Award the project using $900,000 from the Park Impact Fee Fund
(Exhibit B) - Est. transfer to General Fund - $1,693,111
Note: For purposes of analysis, staff also reviewed the fiscal impact of
deferring actual construction of Nautical Meadows Park and allocating the
$540,000 in PIF to further offset construction costs for Congress Avenue.
Staff is proposing to move forward with the design of NauticalMeadows
and will be presenting the contract award recommendation to the
Commission on June 2, 2009 - Est. transfer to General Fund -
$2,248,111
(3) Do not construct the project - Est. transfer to General Fund $2,500,000
(4) Table the award of contract to Ocean Gate until August at which time the
Commission will have completed its' budget review and can move
forward with a decision.
~~-ct ~~
Department Head's Signature
~~anrre
Assistant to City Manager
~
Recreation and Parks
Department Name
City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
MAY-t2-2009 14;58
Oceangate G.e.
772 283 1638
P.OOI
" ..
The City of
~tonBeach
~~
J(J(}~ ___...~
fi.o. IMJltI
1fIYI'IW''''' FItIrI* RfiS-fIl()
T~ ftIo~ ~'IJ 7Q06JIO
FAX: (161) 141-6J16
.....
May 7, 2009
Oc:.ean Gate Gencml Con1ractors. Ine.
Ann: Marc MacDonald
2854 S.B. Federal Highway
Smart, Fl 349947
REFERENCE: "'CONSTRUCTION OF CONGRESS A VEN1.JJ: BARRIER FREE-
PLAYGROUND"
BID NUMBER: 017-2730-G9/JA
Dear Mr. MacOonald:
YQUJ' proposal for the referenced bid will expiTe on May 11, 2009. Therefore, the City i~
requestina that you extend your bid propoul until A\l&l1St 31, 2009.
Please indicate YOW' response on the following page and fax i~ back to Procurcmcnr Services at
(S61) 742-6316. or mail to: City of Boynton Beach Procurement SerVices. P.O. Box 310,
Bo)'JIlon Beaeh, FL 33425-0310 at your eatHetl oonveni~. Ifyo\l ~hQuld htlve any questioR.'l,
please feel free to call Janet Allen. B~cr. (561) 142-6322.
Sinccrely,
Carol Doppler, CPPB
Purchasina Agent
Ija
c: J041 Rivers - Parks Superintendent
Wally Majors - Recreation md Pa:rk$ Oircetor
CcotraIFilc
File
....fPIM.. c;..m...y HI'" ~
MAY-12-2009 14:59
Oceangate G.C.
772 283 1538 P.OO?
NAME OF BID: "CONSTRUcnON OF CONGRESS AVENUE BARRIER FREE
PLAYGROUND"
BII)IO] 7~2730-0t/JA
Agreement between the City QfBoyotoo Bc:8ch, Owner; and
!)gAN ~J\JE GENERAL CONTRACTQRS.INC.
(CompaIlY's Na..e)
'F.Klen$ioo Period: May 12,2009 until August 31, 2009.
~ Yes. 1 agree to ext~nd the cKistiDg bid proposal under the same Terms and Conditions.
until August 31,2009.
_ No, 1 do no[ wish tl.' 1'f,'!f\ew the COnlJ'lICl at this time.
r:;] 6 (1j,
~~ 6+-k ~~
ME OF COMPANY 81
iJ!bw-l<-- rJt!I /Q-~~.l (j)f'-<-~ I LL
NAME OF REPRESENTA TIV E TITLE
(please print)
01'-- /!-c> r
"171.. Zy,} (" 71 ~ .
(AREA CODE) TEl.EPHO NUMBER
AIfrU/IltI', ~..,., c.-
TOTAL P.002
EXHIBIT A
Congress Avenue Barrier Free Park
Alternative #1 - Continue with project as planned and award construction contract
Proiect Budeet:
Original Project Budget
$2,900,000
Design/Permitting Fees
$- 400,000
Project Acct. Balance
$2,500,000
Project Bid Price
- $1,925,000
Less 10% contingency
- $192,500
Less Foundation funding
75,000
Undesignated Bal.lCost Savings
$ 307.500 (transfer back to General Fund)
EXHIBIT B
Congress Avenue Barrier Free Park
Alternative #2 - Allocate $900,000 from the PIF fund account to offset project cost.
Fundine Source:
Savings from favorable bid (Exhibit A)
$ 307,500
Use Impact Fees
$ 900,000
Total Grant Award
$ 485,611
Total Funding Sources
$ 1,693,111 (transfer back to general fund)
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.l
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
19,2009
D June 16,2009
5,2009
7,2009
Jul
21,2009
Ju1
D AnnouncementslPresentations D City Manal!:er's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda ~ Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearinl!: D
RECOMMENDATION: Please place this item on the City Commission Agenda for May 19, 2009 under
Legal Ordinances - 2nd Reading
EXPLANATION: The Business Development Board of Palm Beach County has requested a number of
cities, including Boca Raton, Delray Beach, West Palm Beach and Boynton Beach, to adopt a code
change that would formalize the concept of expedited permit review for specific types of businesses
and industries.
PROGRAM IMPACT: The Department of Development currently operates a streamlined permitting
process. As such, all permits are effectively "expedited." Therefore, the adoption of an ordinance to
formalize an expedited permit review process will have minimal impact on the current procedures.
Nevertheless, in addition to meeting the requirements for certain tax credit applications, many in the
business community consider a formally adopted expedited permitting ordinance to be an essential
marketing tool for attracting new business and industry to the county.
FISCAL IMPACT: N/A
ALTERNATIVES: Continue current procedures with adjustments as necessary to enhance efficiencies.
diL~!lLre ~bre
Assistant to City Manager ~
Department of Development
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 09 - &;< ~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
PART III, "LAND DEVELOPMENT REGULATIONS",
CHAPTER 1, ARTICLE VIII, TO ADD A NEW SECTION
4 "EXPEDITED DEVELOPMENT REVIEW
PROGRAM"; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of Boynton Beach seeks to attract companies that
are expanding operations or moving into the City so that economic growth and employment
opportunities may be created at a faster pace; and
WHEREAS, developing an expedited permitting process to resolve permitting issues
in a timely manner will attract such companies to the City; and
WHEREAS, the Commission has a legitimate public interest In preservmg the
character and quality of neighborhoods, which requires assuring the availability of workforce
housing and affordable housing for low and moderate income persons in the City; and
WHEREAS, developing an expedited permitting process for such housing will
encourage construction and advance the Commission's goal of providing workforce housing
and affordable housing to its residents; and
WHEREAS, the Commission believes that the community should take steps toward
acting in an environmentally responsible manner; and
WHEREAS, over time, environmentally sound practices will save money, energy,
and natural resources; and
WHEREAS, the Commission seeks to encourage environmentally responsible
construction; and
WHEREAS, developing an expedited permitting process will encourage construction
of environmentally responsible buildings; and
WHEREAS, the City Commission for the City of Boynton Beach finds that the
implementation of an expedited permitting process for building permits and planning and
zoning permits is in the best interest of the health, safety, and welfare of the citizens of the
City of Boynton Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above IS true and correct and
incorporated herein by this reference.
Section 2. That Part III, "Land Development Regulations", Chapter 1, Article VIII
is hereby amended to create a new Section 4 as follows:
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Section 4.
Expedited Development Review Program
A. New and expanding businesses in the following categories are eligible for
expedited reviews for site plans (and related applications), building permit applications, and
required inspections:
( 1) Bioscience
+:(2) Medical or pharmaceutical research and development;
2-:(3) Aviation/Aerospace/Engineering;
J.:.( 4) Communications/Information technology;
4:-(5) Business and financial services (non-retail);
~(6) Education related to the above industry clusters;
B. Businesses may also qualify for the expedited perrmttmg program if the
company is a sanctioned project by the State of Florida or other recognized economic
development organization (Florida Office of Tourism, Trade and Economic Development
(OTTED), Enterprise Florida, or Business Development Board of Palm Beach County).
C. Residential Developments that provide affordable housing and workforce
housing units, as defined in the City's Workforce Housing Ordinance, shall be afforded
expedited reviews for site plans, building permit applications, and required inspections.
D. Development applications for residential and commercial environmentally
responsible buildings shall be afforded expedited reVIews for site plans (and related
applications), building permit applications, and required inspections. The proiect must be
registered with a nationally recognized green certification agencv, including but not limited
to:
( 1) USGBC -- United States Green Building Council
(2) FGBC - Florida Green Building Coalition
(3) Green Globes
(4) NAHB - National Association of Home Builders, National Green
Building Standard
E. All entities that apply for this expedited review program shall provide a
detailed explanation of how the proiect will advance the City's economic, housing, or
environmentally responsible goals.
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F. Entities that have been accepted into the expedited permitting program shall
receive the following benefits:
( 1) The City Manager shall appoint a single point of contact at the City who
shall have the responsibility of assisting the applicant throughout the
development application and permitting process; and
(2) The Planning, Zoning, Building, Engineering and Public Works, and other
applicable City departments shall establish the necessary steps required for
project approval and permitting in a pre-application meeting and subsequently,
within three (3) business days, prepare an optimal timetable for the project's
completion of the development and application review process; and
(3) The project shall receive priority at every phase of the review process by
City staff, including face-to-face meetings as needed. However, public
hearings are subject to the availability of the relevant board and the decisions
of such boards are not guaranteed to be made immediately. Therefore, to the
extent possible, public hearing scheduling shall be expedited if applicable to a
particular development application; and
(4) Comments relative to the City's Planning, Zonin~ and Building
department review- shall be provided to the applicant within seven business
days of the submission of a completed development application. The City and
the applicant shall make a mutual commitment to provide all other
development and permit application review comments and corresponding
revisions thereto in a thorough and timely manner; and
(5) Should any issues arise at any point during the development application
review and permitting process, the City will use the most expeditious means to
resolve the issue. A face to face meeting between City staff and the applicant's
representatives, if necessary, shall be scheduled within three business days of
the applicant's notification of the issues; and
(6) A description of the benefit to the City, as defined in paragraph (e) herein,
shall be included in the staff report for the proiect for the planning, zoning, and
appeals boards and City commission meetings.
Section 3.
Each and every other provision of Chapter 26, not herein specifically
amended shall remain in full force and effect as previously enacted.
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
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Section 5.
Should any section or provision of this ordinance or portion hereof, any
2 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
3 such decision shall not affect the remainder of this ordinance.
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Section 6.
Authority is hereby granted to codify said ordinance.
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Section 7.
This ordinance shall become effective immediately,
FIRST READING this ~ day of
1"1 A Y
,2009.
SECOND, FINAL READING AND PASSAGE this
,2009.
day
of
CITY OF BOYNTON BEACH, FLORIDA
-
Mayor - Jerry Taylor
Vice Mayor - Woodrow,L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(CORPORATE SEAL)
S'\('AIOrdinanceslExpediled Permitting Ordinance (a~ of2-9-09).doc
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XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
D April 2 L 2009 April 6, 2009 (Noon) D June 16.2009 June L 2009 (Noon)
D May 5. 2009 April 20, 2009 (Noon) D
~ May 19, 2009 May 4, 2009 (Noon) D
D June 2, 2009 Mav 18,2009 (Noon) D
D Announcements/Presentati ons D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda ~ Leg,al
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing, D
RECOMMENDATION: Adopt Ordinance amending City Code to add two (2) additional merrbers to the CRA Board.
EXPLANATION: At its May 5th 2009, City Commission Meeting, the City Commission approved moving forward
with amendment of the Community Redevelopment Agency to include two additional persons to act as members of the CRA
Board. Modification of the CRA Board to include 2 members requires a passage of an ordinance and two Resolutions; one
Resolution appointing each of the two new members.
Florida Statute Section 163.356(2)(b) requires that:
Any person may be appointed as a Commissioner (Board Member) ifhe or she resides or is engaged in business, which means
owning a business, practicing a profession, or performing a service for compensation, or serving as an officer or director of a
corporation or other business entity so engaged, within the area of operation of the agency, which shall be coterminous with
the area of operation of the municipality and is otherwise eligible for such appointment under this part.
PROGRAM IMPACT: None
FISCAL IMPACT: None to City; CRA may incur minor operational costs associated with the expansion of the Board
from five (5) to seven (7).
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Take no action and leave the City Commission as the CRA Board or
Create a Board comprised only of non-City Com ission rnembers which could consist of
five (5) to nine (9) members.
ALTERNATIVES: I.
2.
Department Head's Signature
Assistant to City Manager
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City Attorney
Department Name
S:\BULLETlMFORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance
I ORDINANCE NO. 09-
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 CHAPTER 2. ADMINISTRATION, SECTION 2-13.2(a)
6 PROVIDING FOR TWO (2) ADDITIONAL MEMBERS OF
7 THE COMMUNITY REDEVELOPMENT AGENCY, TO
8 BE APPOINTED BY THE CITY COMMISSION IN
9 ACCORDANCE WITH THE PROVISIONS OF CHAPTER
10 163.357(1)(c), FLORIDA STATUTES; PROVIDING FOR
11 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
12 EFFECTIVE DATE.
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14 WHEREAS, the City of Boynton Beach has determined that it is in the best interests of
15 the citizens and residents of the City to add two (2) additional civilian members to the
16 Community Redevelopment Agency, in accordance with Chapter 163.357(1)(c); and
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18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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21 Section 1. That Chapter 2. Administration, Section 2-13.2 shall be amended by
22 adding the words and figures in underlined type, as follows:
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24 Sec. 2-13.2. Gity Commi~~sion us gGoverning body of community
25 redevelopment agency.
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27 (a) The members of the City Commission plus two (2) additional
28 persons constitute the governing body (Board) of the Community
29 Redevelopment Agency. Effective the davof 2009. the Board
30 of the Communitv Redevelopment Al!encv shall be expanded to
31 include two (2) additional members. appointed by the City
32 Commission. The appointments shall be effectuated by adoption of a
33 Resolution of the Citv Commission. The Resolution shall constitute
34 the certificate of appointment required by subsection (d) of this part.
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36 (b) The terms of office of the additional Board members shall be for
37 4 years, except that the first person appointed shall initially serve a term
38 of 2 years.
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40 (c) Any person may be appointed as Board Member if he or she
41 resides or is engaged in business, which means owning a business,
42 practicing a profession, or performing a service for compensation, or
43 serving as an officer or director of a corporation or other business entity
S:\CA\Ordinances\CRA\Expansiol1 ofCRA Board 051909.doc
so engaged. within the area of operation of the agency. which shall be
coterminous with the area of operation of the City of Boynton Beach.
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34 ATTEST:
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39 Janet M. Prainito, CMC
40 City Clerk
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43 (Corporate Seal)
(d) A certificate of the appointment or reappointment of any Board
Member shall be filed with the City Clerk. and such certificate is
conclusive evidence of the due and proper appointment of such Board
Member.
Section 2. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 3. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance.
Section 4.
Authority is hereby granted to codify said ordinance.
Section 5.
This ordinance shall become effective immediately upon passage.
FIRST READING this _ day of May, 2009.
SECOND, FINAL READING AND PASSAGE this
day of May, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner -- Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
I S:\CA\OrdinanceS'.CRAIExpansion ofCRA Board 051909.doc
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