Agenda 11-15-11 Searchable
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, NOVEMBER 15, 2011
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jose Rodriguez
Mayor – At Large
William Orlove
Vice Mayor – District I
Woodrow Hay
Commissioner – District II
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
order of business conducted at the meeting. The City Commission will not take action upon any
matter, proposal, or item of business, which is not listed upon the official agenda, unless a
majority of the Commission has first consented to the presentation for consideration and
action.
Consent Agenda Items:
These are items which the Commission does not need to discuss
individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually in the
order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item. This can
be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section entitled
“Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of the
jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, presentations and first
reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your
name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption of the
public meeting. An order by the presiding officer issued to control the decorum of the meeting is
binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East
Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third
Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings
have been moved due to Holidays/Election Day).
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1. OPENINGS
A. Call to order - Mayor Jose Rodriguez
B. Invocation
C. Pledge of Allegiance to the Flag led by Vice Mayor Orlove
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Presentation of Citation for Cbeyond. Citation will be accepted by Mark McGuire, vice
president and General Manager of Cbeyond’s Miami office.
B. Presentation by Recreation & Parks Director Wally Majors regarding the Department's
National Re-Accreditation through the Commission for Accreditation of Park and
Recreation Agencies (CAPRA). Accreditation is a distinguished mark of excellence
that affords external recognition of an organization's commitment to quality and
improvement. This will include a 6.5 minute video presentation that will explain the
accreditation process and its value. The Department will also recognize various staff
who took part in this significant accomplishment.
C. Announce the Holiday Parade, Tree Lighting and Concert.
D. Announce the Holiday Boat Parade
4. 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)
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
B. Accept the resignation of Merline Pamplona, a regular member of the Financial
Advisory Committee
C. Accept the resignation of David Madigan, a regular member of the Financial Advisory
Committee
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D. Accept the resignation of Christiane Francois, a regular member of the Historic
Resource Preservation Board
6. 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.
PROPOSED RESOLUTION NO. R11-122
A. - Approve and authorize the Interim City
Manager to sign the Services Agreement between the City of Boynton Beach and
Oneeighty for Girls, Inc. (the "Provider"), authorizing the City to enter into an
agreement to provide funding in the amount of $12,000 to Oneeighty for Girls, Inc. as
a partner in the implementation of the Gang Prevention and Intervention Grant.
PROPOSED RESOLUTION NO. R11-123
B. - Approve and authorize the Interim City
Manager to sign the Services Agreement between the City of Boynton Beach and Chu
Chu Productions, Inc. (the "Provider"), authorizing the City to enter into an agreement
to provide funding in the amount of $1,300 to Chu Chu Productions, Inc. as a partner
in the implementation of the Gang Prevention and Intervention Grant.
PROPOSED RESOLUTION NO. R11-124
C. - Approve and authorize the Interim City
Manager to sign the Services Agreement between the City of Boynton Beach and
JWPC Solutions, LLC (the "Provider"), authorizing the City to enter into an Agreement
to provide funding in the amount of $1,200 to JWPC Solutions, LLC as a partner in the
implementation of the Gang Prevention and Intervention Grant.
D. Approve the Bid for "ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO
INCLUDE EMBROIDERY AND SILK SCREENING" Bid # 070-1412-11/MFD to the
following four (4) companies: Florida Embroidered Patches, Global Trading, SP
Design and Special Products Group on an overall basis, to the lowest, most
responsive, responsible bidders who met all specifications with an estimated annual
amount of $35,000.
PROPOSED RESOLUTION NO. R11-125
E. - Approve an Interlocal Agreement (ILA) for
Palm Beach County to transfer to City four transit coaches for $1 (one dollar) each;
reconveying the transit coaches to The Volen Center; authorizing approval of Letter of
Understanding with The Volen Center.
PROPOSED RESOLUTION NO. R11-126
F. - Approve and authorize the Interim City
Manager to sign an Agreement with CRS Max Consultants, Inc. of Coconut Creek, FL
for the purpose of developing a Flood Mitigation Plan for the City of Boynton Beach,
RFP #078-2411-11/TWH in the amount of $29,750.
G. Approve utilizing the State of Florida Contract #680-050-12-1 with Lawmen &
Shooters Supply for approximately $43,000 for the following: ammunition, gun parts,
and cleaning supplies.
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H. Approve full release of surety for the project known as Imagine Charter School, and
authorize returning: (1) the $73,681.30 performance bond for the water distribution
system and wastewater collection/transmission system and (2) the $111,100.00
performance bond for the wastewater lift station to MG3 Developer Group, LLC.
I. Approve recommendation to rename Veterans' Bicentennial Park to Veterans'
Memorial Park.
PROPOSED RESOLUTION NO. R11-127
J. - Authorize Interim City Manager and City
Clerk to execute a Confidentiality Agreement and for staff to commence negotiations
of a Contract with Aware Digital, Inc. of Hallandale, FL, staff's #1 ranked firm as a
result of RFQ 072-2821-11/TWH for "SYSTEM INTEGRATORS FOR SECURITY
SYSTEM UPGRADES".
K. Approve the minutes from the City Commission regular meeting held on November 1,
2011
PROPOSED RESOLUTION NO. R11-128
L. - Approve an Agreement with a three (3)
year service rate guarantee with Solantic Walk-In Urgent Care to provide Physician
Services for the City of Boynton Beach and authorize the Interim City Manager to
execute the Agreement for the City.
7. BIDS AND PURCHASES OVER $100,000
A. Award the Bid for "ANNUAL BID FOR THE PURCHASE OF 11R22.5
RECAP/RETREAD TIRES" Bid # 075-1412-11/MFD to : Wingfoot Commercial Tire
Systems, LLC. as the primary vendor and to Tiresoles of Broward as the secondary
vendor, as both are responsive, responsible bidders who met all specifications.
Estimated annual expenditure is $130,000.
B. Approve utilizing the State of Florida Contract #725-330-05-1 with Verizon Wireless
for approximately $105,500 for smart phone service, cell phone service and air cards
for wireless data services.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. Approve conditional use and major site plan modification for a drive-through facility at
a Publix grocery store on 14.42 acres in the C-3 Community Commercial zoning
district. Applicant Jami Passer, E&A Sunshine, LLC.
B. Approve a site plan time extension for one year for the proposed Timeless Life Care
project consisting of an assisted living facility and ancillary retail on 1.21 acres in the
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MU-L2 Mixed Use Low 2 zoning district. Applicant: Bradley Miller, Miller Land
Planning Consultants.
C. Approve a Master Plan Modification to the Stonehaven Master Plan to reduce the rear
yard setback from fifteen (15) feet to one (1) foot for Lot 112 in order to accommodate
a home addition on an existing 14 foot by 18 foot concrete slab installed at the time
the house was originally constructed. Applicant: Stonehaven HOA.
D. Approve Use to allow a wholesale vehicle dealer (with no on-site sales) on Lot 70 of
the Quantum Park Planned Industrial Development (PID) district. Applicant: Duke
PGC at Quantum 1 9, LLC.
10. CITY MANAGER’S REPORT
A. Review and approve property appraisal costs and consider timeline for disposition of
certain City-owned Real Property.
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO. 11-030 - FIRST READING
A. - Request to consider
amendment to City Code regarding temporary banners to allow "feather" banners.
TABLED ON 11/1/11
PROPOSED ORDINANCE NO. 11- 031 - FIRST READING
B. - Providing for a
temporary, 2-year suspension of the application or enforcement of provisions of
Chapter 1, Article V, .Section 2: Workforce Housing Program. Applicant: City-initiated.
C. Request for closed door session to be held at 6:00 p.m. on Tuesday, December 6,
2011 regarding CLEAR CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF
BOYNTON BEACH, Defendant - Case No. 502011CA014815XXXXMB(AJ).
PROPOSED RESOLUTION NO. R11-129
D. - Approve the issuance of a “Notice of
Intent”, in preparation for a code review of Land Development Regulations involving
land use/rezoning and related development applications as directed in the Economic
Development Implementation Initiatives adopted by City Commission at the October
18, 2011 meeting.
14. FUTURE AGENDA ITEMS
A. Review three (3) alternate proposals for leasing, construction and maintenance of a
billboard on property owned by the City - 12/06/11
B. Revisions to restrictions for vehicle size in residential districts - TBD
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15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR
SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD
AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS
OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S
OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER
FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE
CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON
THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
November 15, 2011
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RACC:
Presentation of Citation for Cbeyond. Citation will be
EQUESTED CTION BY ITY OMMISSION
accepted by Mark McGuire, vice president and General Manager of Cbeyond’s Miami office.
ER:
Cbeyond is an Atlanta-based company that provides IT and
XPLANATION OF EQUEST
communications solutions for small businesses to help them achieve revenue growth.
Cbeyond operates in 14 major markets, including Miami/South Florida. The company is
expanding from the Miami area into Boynton Beach with a satellite office and has an ongoing
commitment to helping our community through its hiring initiatives and volunteerism.
The ribbon cutting, which will involve participation from the Greater Boynton Beach Chamber
of Commerce is scheduled for November 18, 2011 at 9:30 a.m. at 1903 S. Congress Ave.,
Suite 160 in Boynton Beach.
In addition to the ribbon cutting, Cbeyond plans to hold a food drive at the event to encourage
employees and other attendees to donate food or provide monetary donations to the South
Florida Food Bank.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not to present citation.
LTERNATIVES
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Citation
There are currently more than 27 million small businesses in the United States, according to the
Small Business Administration. Small businesses serve as the economic growth engine in our
country creating between 60 to 80 percent of all jobs each year.
One company, Cbeyond, recognizes the important role small businesses play on a big scale and in
the local communities in which they operate. Cbeyond also realizes that entrepreneurs need
reliable and secure IT and communications solutions to help their businesses achieve revenue
growth.
Cbeyond has served the South Florida small business community since 2008 when it opened its
Miami office. As important, the company has brought its culture of volunteerism and community
outreach to South Florida, participating in a various philanthropic efforts – including Feeding South
Florida.
Now, therefore, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of
Boynton Beach, Florida, recognize with this Citation
Cbeyond
for its expansion into Boynton Beach with a satellite office and its ongoing commitment to helping
our community through its hiring initiatives and volunteerism.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton
Beach, Florida, to be affixed at Boynton Beach, Florida, the 15th day of November, Two Thousand
and eleven.
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Presentation by Recreation & Parks Director Wally Majors
EQUESTED CTION BY ITY OMMISSION
regarding the Department's National Re-Accreditation through the Commission for Accreditation of Park
and Recreation Agencies (CAPRA). Accreditation is a distinguished mark of excellence that affords
external recognition of an organization's commitment to quality and improvement. This will include a 6.5
minute video presentation that will explain the accreditation process and its value. The Department will
also recognize various staff who took part in this significant accomplishment.
ER:
On November 2, at the National Recreation & Park Association
XPLANATION OF EQUEST
Annual Congress in Atlanta, CAPRA reviewed and confirmed the successful application the
Department submitted to become re-accredited.
CAPRA standards for national accreditation provide an authoritative assessment tool for parks
and recreation agencies. Through compliance with the standards for excellence, CAPRA
accreditation assures policy makers, staff, the general public and tax payers that an accredited
agency has been independently evaluated against established benchmarks as delivering a
high level of quality.
H?
Accreditation is based on an agency’s
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
compliance with 144 standards for national accreditation. To achieve accreditation, an agency
must comply with all 36 Fundamental Standards, and at least 85% of the remaining 108
standards.
The Boynton Beach Recreation & Parks Department was in compliance with 140 (97%)
of the 144 standards!
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A standard is a statement of desirable practice as set forth by experienced professionals. In
evaluating an agency for accreditation, the standards are a measure of effectiveness using the
cause and effect (“if…then”) approach. If one acts in a certain way, then it is expected that
there will be a certain outcome. In practice, if an agency complies with a given standard, then
it is expected that the agency’s operations related to that standard with be positively affected.
Standards enable evaluation by comparing what is found within an agency operation to what is
accepted by professionals as desirable practices.
FI:
N/A
ISCAL MPACT
A:
Do not accept the presentation.
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Announce the Holiday Parade, Tree Lighting and Concert.
EQUESTED CTION BY ITY OMMISSION
ER:
On Saturday, December 3, 2011 Boynton Beach presents “Holiday
XPLANATION OF EQUEST
Extravaganza”.
The Parade runs from 5:00pm to 6:30pm, North in the Southbound lane of Federal Hwy., from
th
SE 12 Avenue to Ocean Avenue.
The Holiday Tree and Menorah display Lightings will take place at 6:45pm at the Schoolhouse
Children’s Museum at 129 East Ocean Avenue (just east of Seacrest).
The FREE Concert, featuring Brass Transit the CHICAGO tribute band begins at 7:00pm until
st
10:00pm on East Ocean Avenue between Seacrest and NE 1. Street. Food and beverage
vendors will be available. Park and ride the Free shuttle from the NE corner of Federal Hwy. &
Ocean Ave. to the concert site from 6:30pm until 10:30pm. No pets, please.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA budget line item 02-58500-480
ISCAL MPACT
A:
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Announce the Holiday Boat Parade
EQUESTED CTION BY ITY OMMISSION
ER:
On Friday, December 9, 2011 Boynton Beach presentsthe
XPLANATION OF EQUEST
“Holiday Boat Parade”. The parade starts at 6:30 pm and runs South from the Boynton Inlet to
the C-15 canal South of Delray Beach. There is public viewing along the parade route and at
the Boynton Harbor Marina where there will be live music and food and drinks will be available
for purchase. Please bring your donation of a new unwrapped toy for Toys for Tots to the
event; also US Marines will be in the Boat Parade and will come up to your dock to pick-up
your toy donation. Parking is available at the parking lots on the NE corner of East Ocean
Avenue and Federal Hwy. No pets please.
To enter your boat in the parade, call the CRA at 737-3256 X 212 or Rob Larson at the
Boynton Harbor Marina at 735-7955
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA Budget – Project Fund line item 02-58500-480
ISCAL MPACT
A:
LTERNATIVES
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ADMINISTRATIVE
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RACC:
Appoint eligible members of the community to serve in
EQUESTED CTION BY ITY OMMISSION
vacant positions on City advisory boards
ER:
The attached list contains the names of those who have applied for
XPLANATION OF EQUEST
vacancies on the various Advisory Boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
H?
Appointments are necessary to keep our
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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ADMINISTRATIVE
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RACC:
Accept the resignation of Merline Pamplona, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Financial Advisory Committee
ER:
Merline Pamplona has submitted a letter of resignation as a regular
XPLANATION OF EQUEST
member of the Financial Advisory Committee due to health issues.
H?
The Financial Advisory Committee will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
have a vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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ADMINISTRATIVE
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RACC:
Accept the resignation of David Madigan, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Financial Advisory Committee
ER:
David Madigan has submitted his resignation as a regular member
XPLANATION OF EQUEST
of the Financial Advisory Committee due to other commitments.
H?
The Financial Advisory Committee will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
have a vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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ADMINISTRATIVE
November 15, 2011
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RACC:
Accept the resignation of Christiane Francois, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Historic Resource Preservation Board
ER:
Christiane Francois was appointed to the Historic Resource
XPLANATION OF EQUEST
Preservation Board on May 17, 2011 as a regular member. The Board has held two meetings,
neither of which Ms. Francois has attended. When contacted by phone, by the City Clerk’s
office, Ms. Francois advised she was unable to attend the meetings due to a conflict in her
schedule and wished to be removed from the Board.
H?
The Historic Resource Preservation
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Board will have a vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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CONSENT AGENDA
November 15, 2011
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IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R11-122 - Approve and
EQUESTED CTION BY ITY OMMISSION
authorize the Interim City Manager to sign the Services Agreement between the City of Boynton Beach
and Oneeighty for Girls, Inc. (the "Provider"), authorizing the City to enter into an agreement to provide
funding in the amount of $12,000 to Oneeighty for Girls, Inc. as a partner in the implementation of the
Gang Prevention and Intervention Grant.
ER:
The Palm Beach County Criminal Justice Commission (CJC) has
XPLANATION OF EQUEST
been awarded a $324,901 Youth Gang Prevention and Intervention grant through the U.S.
Department of Justice. This funding will be used to enhance the existing community–based
comprehensive anti-gang strategy. The CJC will implement the strategy by providing funding to
enhance the current operations of the Youth Empowerment Centers (YECs) in Palm Beach
County.
At the November 3, 2010 Commission Meeting, the Interlocal Agreement (ILA) with the Board of County
Commissioners was authorized, which allowed the City to receive funding from the Gang Prevention
and Intervention Grant in the amount of $71,352.75 to support the Boynton Beach Youth Empowerment
Center.
H?
This will continue a valuable program at
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the YEC that will help attract teens and acts as a deterrent towards gang activity. The
Oneeighty for Girls, Inc. program is designed to reduce the risk of violence among girls who
display one or more risk factors for violence. The program will promote strengthened
relationships between parents/caregivers and their daughters and will create community and
individual change. The goal of the program is to organize a system of services aimed at
minimizing the risk that teenage girls, ages 12 to 17 years old, will become initially or further
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involved in the juvenile justice system or become chronically dependent on the child welfare
system.
TERM: The term of the engagement under this agreement shall commence on the date
executed by the later of Provider and City and shall continue until March 31, 2012.
FI:
The County has approved the funding for the YEC. The Oneeighty for Girls, Inc.
ISCAL MPACT
submitted a budget of $12,000 to run their program through March 31, 2012. All expenses
submitted for reimbursement will fall within the approved budget.
The City will be reimbursed via the County for all expenses incurred. Funds have been
budgeted in account #105-3320-572-49-17 in the amount of $72,353 which includes the cost of
services agreements for the Gang Prevention and Intervention Grant.
A:
Not approve the Service Provider agreement amendments, which would result
LTERNATIVES
in the programs above not being offered at the YEC.
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RESOLUTION R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE INTERIM CITY MANAGER AND CITY
CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT WITH ONEEIGHTY FOR GIRLS,
INC., FOR SUB-GRANT FUNDING IN THE AMOUNT OF
$12,000.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Palm Beach County Criminal Justice Commission has been awarded a
$324,901 Youth Gang Prevention and Intervention grant through the U.S. Department of Justice; and
WHEREAS
, the Criminal Justice Commission will implement an anti-gang strategy by
providing funding to enhance the current operations of the Youth Empowerment Centers in Palm Beach
County; and
WHEREAS
, at the November 3, 2010 Commission Meeting, the Interlocal Agreement with the
Board of County Commissions was approved which allowed the City to receive the funding from the
Gang Prevention and Intervention Grant; and
WHEREAS
, the City of Boynton Beach was granted $71,352.75 to support the Boynton Beach
Youth Empowerment Center; and
WHEREAS
, Oneeighty for Girls, Inc., submitted a budget of $12,000 and all expenses
submitted for reimbursement will fall within the approved budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize the Interim City Manager and City Clerk to execute a Youth Empowerment Center
Services Agreement with Oneeighty for Girls, Inc., including a sub-grant in the amount of $12,000.00, a
copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A”
Section 3. This Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED
this ___ day of November, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
______________________________
Vice Mayor – Marlene Ross
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT
THIS AGREEMENT
is made by and between the CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation, with a physical address of 100 East Boynton Beach Blvd., Boynton
Beach, Florida 33425 and a mailing address of 100 East Boynton Beach Blvd, Boynton Beach, Florida
One Eighty for Girls, Inc.
33444 (the “City”) and with an address of 5700 Strawberry Lakes Circle,
Lake Worth, FL 33463 (the “Provider”).
WITNESSETH
WHEREAS
, by Resolution No. R07-144, the Boynton Beach City Commission approved an
Interlocal Agreement with Palm Beach County (the “County”) establishing a partnership to implement
the Youth Violence Prevention Project (the “Project”); and
WHEREAS
, as part of the Project, the City is establishing Youth Empowerment Centers within
the City to prevent and combat youth violence; and
WHEREAS
, the Interlocal Agreement provides that the County will reimburse expenses
incurred in providing services and expenditures in targeted areas; and
WHEREAS
, Provider offers programs to assist underserved youths with academic assistance
and career guidance; and
WHEREAS
, the City desires to enter into this Agreement to provide such services to the Youth
Empowerment Centers; and
WHEREAS
, the City desires to engage Provider to assist underserved youth to the City as part
of the Project according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE
, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of as such covenants and conditions, the City and
Provider do hereby agree as follows:
1.SERVICES.
1.1 Provider shall provide the services described in the Performance Measures and Program
Description attached hereto as Exhibit “A” (which services are hereinafter referred to as the “Services”)
to participants in the Project. The Services shall be provided at the Carolyn Sims Youth Empowerment
th
Center located at 225 N.W. 12 Ave., Boynton Beach, Florida (the “Center”). The Director of Youth
Violence Prevention Program (hereinafter referred to YVPP) shall coordinate with Provider to establish
a schedule of use for the Services at the Center.
1.2 Provider shall render the Services in a diligent, careful and thorough manner consistent
with good business practice. Time shall be of the essence with respect to all matters set forth in this
Agreement.
1.3 Provider shall have all prospective staff complete a criminal background screening. Staff
will be assigned documentation that they will bring to the Livescan Service Provider being used by the
City for a state and national background check. No staff shall be hired to work with Provider at the
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Center until the background check has been returned and cleared by the Recreation & Parks Department.
YVPP has the right to reject any applicants or staff working under the direction of Provider. Nothing in
this Agreement, however, shall impose any responsibilities or obligations on the City in connection with
performance or actions of any staff hired by Provider. The City reserves the right to require Provider to
dismiss any staff working under it whose performance or actions are detrimental to the Project or who is
involved in misconduct, drug use, alcohol consumption or use or possession of firearms on City
property.
1.4 Provider shall comply with all City rules, regulations and procedures regarding the
operation of the Center and the conduct of providers for City programs.
1.5 Provider shall promptly notify the Recreation & Parks Department about any participant
injury or accident and complete an “Accident/Incident Form.” If the injury required first aid, the
instructor must notify the Center supervisor immediately. The form must be submitted to the Recreation
& Parks Department the same day as the incident.
1.6 Smoking, alcohol and profanity are not allowed at City facilities or around participants.
1.7 Provider is responsible for ensuring that the area it uses is safe and clean before and after
each program.
2. COMPENSATION.
2.1 Contract Amount. In consideration of the satisfactory performance of the Services by
Provider, and the performance by Provider of all of its other duties and obligations as set forth in this
Twelve thousand
Agreement, Provider shall be entitled to reimbursement in an amount not to exceed
dollars - ($12,000.00)
(“Contract Amount”) based on the fees set forth in Exhibit “A” attached hereto.
The Contract Amount shall be the sole amount reimbursed to Provider in connection with the rendition
of the Services and the performance of any and all of its other obligations hereunder and shall include
any out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the
Provider by the City is contingent upon reimbursement from the County in accordance with the terms of
the Interlocal Agreement.
2.2 Payment. Payment requests must be submitted by the first of each month using the forms
attached hereto as Exhibit “B”, to: Director of YVPP, Vickie Henderson, Carolyn Sims Center, 225
th
N.W. 12 Ave., Boynton Beach, Florida 33435. Invoices shall be itemized in sufficient detail for
prepayment audit thereof. Provider shall supply any further documentation deemed necessary by the
County or City including detailed data for the purposes of evaluation of the Project. The City shall have
the right to deny reimbursement if proper documentation is not submitted. Once properly submitted, the
City will promptly pay the approved amount.
2.3 No payment made under this Agreement shall be conclusive evidence of the performance
of this Agreement by Provider, either wholly or in part, and no payment shall be construed to be an
acceptance of or to relieve Provider of liability for the defective, faulty or incomplete rendition of the
Services.
3. TERM. The term of the engagement under this Agreement shall commence on the date executed
by the later of Provider and City (the “Effective Date”) and shall continue until March 31, 2012 subject
to renewal or termination as provided in this Agreement. This Agreement may be renewed upon the
sole discretion of the City subject to available funding and provided that the Interlocal Agreement with
Palm Beach County is renewed or extended.
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4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PROVIDER
4.1 Authority. Provider hereby represents and warrants to the City that it has full power and
authority to enter into this Agreement and fully perform its obligations hereunder without the need for
any further corporate or governmental consents or approvals, and that the persons executing this
Agreement are authorized to execute and deliver it.
4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services under
this Agreement and that it will continue to maintain all licenses and approvals required to conduct its
business.
4.3 No Contingency. Provider warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Provider, 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 Provider, any fee, commission, percentage, gift, or any
other consideration contingent upon or resulting from the award or making of this Agreement. In the
event of a breach or violation of this provision by Provider, the City shall have the right to terminate the
Agreement without liability and, at its discretion, to deduct from the contract fee, or otherwise recover,
the full amount of such fee, commission, percentage, gift, or consideration.
4.4 Provider represents that the execution of this Agreement will not violate the Public Entity
Crimes Act (Section 287.133, Florida Statutes).
5. STANDARD OF CARE. The standard of care for all Services performed or furnished by
Provider under this Agreement will be the care and skill ordinarily used by members of Provider’s
profession practicing under similar circumstances or at the same time and in the same locality.
6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement, Provider
shall comply in all material respects with all applicable federal and state laws and regulations and all
applicable county and City ordinances and regulations.
7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it is an independent
contractor of the City and is not an employee of the City. Provider more specifically acknowledges that:
it will not be eligible to participate in any employee benefit maintained by the City; will not be covered
by the City’s workers’ compensation insurance; will be solely and exclusively responsible for payment
of all federal and state income, social security, unemployment and disability taxes due in respect of all
compensation and/or other consideration paid by the City to Provider hereunder. Provider
acknowledges that it shall have no authority to bind City to any contractual or other obligation
whatsoever. Provider shall be entitled to seek and accept other engagements and/or employment during
the term of this Agreement so long as such other employment or engagements do not interfere with the
performance of Provider’s duties hereunder. Provider shall be responsible to the City for all work or
services performed by Provider or any person or firm engaged as a sub-Provider or subcontractor to
perform work in fulfillment of this Agreement.
8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed under
this Agreement for three (3) years following completion of the Services, or conclusion of any litigation
regarding this Agreement. The City shall have the right to audit Provider’s books and records, at the
City’s expense, upon prior notice, with regard to the Services provided to the City hereunder. Failure by
Provider to permit such audit shall be grounds for termination of this Agreement by the City.
9. INSURANCE.
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9.1 Provider shall purchase from and maintain, in a company or companies lawfully
authorized to do business in Florida, such insurance as will protect the City from claims set forth below
which may arise out of or result from performance under this Agreement by Provider, or by a
subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone for
whose acts Provider may be liable.
9.2 The insurance required shall be written for not less than the following limits of liability.
Coverages shall be maintained without interruption from the Effective Date of this Agreement until date
of final payment and termination of any coverage required to be maintained after final payment. Any
liability coverage on claims made basis shall remain effective for five (5) years after final payment.
(1) General Liability – coverage in the minimum amounts specified below, and with a
maximum deductible of $25,000 per occurrence.
General Liability $500,000 per occurrence
$1,000,000 aggregate annually
Property Damage $500,000 per occurrence
$1,000,000 aggregate annually
(2) Automobile Liability $300,000 combined single limit per occurrence
(3) Worker's Compensation: Worker's Compensation and Employer’s Liability
Insurance with limits as required by Chapter 440, Florida Statutes.
9.3 Certificates of Insurance shall be delivered to City prior to execution of this Agreement.
These Certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for non-payment
or 45 days’ prior notice of cancellation otherwise. All certificates for general liability coverages shall
name the City as an Additional Insured. If any of the foregoing insurance coverages are required to
remain in force after final payment, an additional certificate evidencing continuation of such coverage
shall be submitted along with the application for final payment. The Provider shall furnish one copy
each of Certificates of Insurance for each copy of the Agreement which shall specifically set forth
evidence of all insurance coverage required by the Agreement. The Certificate of Insurance shall be
dated and show the name of the insured Provider, the specific Project or Agreement by name and RFP or
Procurement number, the name of the insurer, the number of the policy, its effective date, and its
termination date.
10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages that
may be asserted, claimed or recovered against or from City, its officials, agents, or employees by reason
of any damage to property or personal injury, including death and which damage, injury or death arises
out of or is incidental to or in any way connected with Provider’s performance of the Services or caused
by or arising out of (a) any act, omission, default or negligence of Provider in the provision of the
Services under this Agreement; (b) property damage or personal injury, which damage, injury or death
arises out of or is incidental to or in any way connected with Provider’s execution of Services under this
Agreement; or (c) the violation of federal, state, county or municipal laws, ordinances or regulations by
Provider. This indemnification includes, but is not limited to, the performance of this Agreement by
Provider or any act or omission of Provider, its agents, servants, contractors, patrons, guests or invitees
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and includes any costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such
claims or the investigation thereof. Provider agrees to pay all claims and losses and shall defend all
suits, in the name of the City, its employees, and officers, including but not limited to appellate
proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. City
reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all
costs and fees associated therewith shall be the responsibility of Provider under this indemnification
provision. To the extent considered necessary by the City, any sums due Provider under this Agreement
may be retained by City until all of City’s claims for indemnification have been resolved, and any
amount withheld shall not be subject to the payment of interest by City. This indemnification agreement
is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement
or otherwise. The parties mutually acknowledge that the provisions of §725.08, Fla. Stat., have been
fulfilled and govern this provision. This paragraph shall not be construed to require Provider to
indemnify the City for its own negligence, or intentional acts of the City, its agents or employees. This
clause shall survive the expiration or termination of this Agreement.
11. TERMINATION.
11.1 The City shall have the right to terminate this Agreement, in whole or in part, with or
without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of
termination, and subject to reimbursement from the County, the City shall compensate the Provider for
all authorized work satisfactorily performed through the termination date under the payment terms set
forth herein.
11.2 Provider shall immediately deliver all documents, written information and other materials
concerning City projects in its possession to the City and shall cooperate in transition of its consulting
duties to appropriate parties at the direction of the City.
11.3 Upon termination, this Agreement shall have no further force or effect and the parties
shall be relieved of all further liability hereunder, except that the provisions of this Section shall survive
termination of this Agreement and remain in full force and effect.
12. NOTICE. All written notices, demands and other communications required or provided for
under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in the
case of mailing, or by overnight or same day courier, or by electronic transmission producing a written
record, or hand delivered to Provider at the address on the first page of this Agreement, or to the City, at
the address on the first page of this Agreement, attention: Wally Majors, Recreation & Parks Director,
with a copy to the City Attorney, or to such other address or person as shall be designated by a party in a
written notice given in the manner required hereby.
13. TAXES. Provider understands that in performing the Services for the City, Provider is not
exempt from paying sales tax to Provider’s suppliers for materials required for Provider to perform
under this Agreement. Provider shall not be authorized to use the City’s tax exemption number for
purchasing supplies or materials.
14. AVAILABILITY OF FUNDS. This Agreement is expressly conditioned upon the availability of
funds lawfully appropriated and available for the purposes set out herein as determined in the sole
discretion of the City. In the event funds to finance this Agreement become unavailable, the City may
terminate this Agreement upon no less than twenty-four (24) hours notice to Provider. The City shall be
the sole and final authority as to the availability of funds.
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15. NON-DISCRIMINATION. Provider shall not discriminate against any employee or applicant for
employment or in the provision of Services because of race, color, religion, sex, national origin, age,
disability, familial status, marital status or sexual orientation, or any other factor which cannot be
lawfully used as a basis for service delivery.
16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and
may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their heirs, personal representatives, successors and permitted assigns.
17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as
provided herein, if the deadline is not met because of one of the following conditions occurring with
respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake, volcanic
action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one of the
foregoing conditions interferes with contract performance, then the party affected may be excused from
performance on a day-for-day basis to the extent such party's obligations relate to the performance so
interfered with; provided, the party so affected shall use reasonable efforts to remedy or remove such
causes of non-performance. The party so affected shall not be entitled to any additional compensation
by reason of any day-for-day extension hereunder.
18. TRUTH-IN-NEGOTIATION. Execution of this Agreement by Provider shall be deemed
certification that the compensation and hourly rates and other expenses or costs to be compensated under
this Agreement are accurate, complete and current and the time of contracting. The fees and expenses
payable under this Agreement shall be adjusted to exclude any significant sums should the City
determine that the fees and costs were increased due to inaccurate, incomplete or non-current wage rates
or due to inaccurate representations of fees paid to outside Providers. The Cityshall exercise its rights
under this provision within one (1) year following final payment.
19. NO CONFLICTS.
19.1 Provider represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with its performance under this Agreement. The
Provider further represents that no person having any interest shall be employed or engaged by it for
said Services.
19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or hold
any continuing or frequently recurring employment, contractual relationship business association or
other circumstance, which may influence or appear to influence Provider’s exercise of judgment or
quality of the Services being provided under this Agreement. Provider, its officers, personnel,
subsidiaries and subcontractors shall not perform services for any third party that would in any way be
in conflict with the Services to be provided to the City under this Agreement.
19.3 Provider shall promptly notify the City in writing by certified mail of all potential
conflicts of interest or any event described in this Section. Said notification shall identify the
prospective business interest or circumstance and the nature of work that Provider intends to undertake
and shall request the opinion of the City as to whether such association, interest or circumstance would,
in the opinion of the City, constitute a conflict of interest if entered into by the Provider. The City
agrees to notify the Provider by certified mail of its opinion within thirty (30) calendar days of receipt of
the said notification and request for opinion. If, in the opinion of the City, the prospective business
association, interest or circumstance would not constitute a conflict of interest by the Provider, the City
shall so state in its opinion and the Provider may, at its option, enter into said association, interest or
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circumstance and it shall be deemed not in conflict of interest with respect to services provided to the
City by Provider under this Agreement.
19.4 In the event Provider is permitted to utilize subcontractors to perform any services
required by this Agreement. Provider agrees to prohibit such subcontractors, by written contract, from
having any conflicts as within the meaning of this section.
20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement will
not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that Provider
and its subcontractors under this Agreement have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within 36 months from the date
of submitting a proposal for this Agreement or entering into this Agreement. Violation of this section
may result in termination of this Agreement and recovery of all monies paid hereto, and may result in
debarment from City's competitive procurement activities.
21. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and belief that
no funds or other resources received from the State in connection with this Agreement will be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City’s Small Business
Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm Beach, which is
incorporated herein by this reference. Provider shall comply with the small business commitment
contained in Consultant’s Proposal. Provider shall maintain all relevant records and information
necessary to document compliance with the Small Business Ordinance and shall allow the City to
inspect and audit such records.
23. GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of the
parties hereto determined, in accordance with Florida law. The City and Provider submit to the
jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue
for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern
District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida based upon
improper venue or forum nonconveniens. T
O ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY
,
LITIGATION EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO
A.
THIS GREEMENT
24. SEVERABILITY. In the event that any sentence, section, paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason, such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
25. WAIVER. Any waiver by either party hereto of any one or more of the covenants, conditions,
or provisions of this Agreement, shall not be construed to be a waiver of any subsequent or other breach
of the same or any covenant, condition or provision of this Agreement.
26. HEADINGS. The headings contained in this Agreement are provided for convenience only and
shall not be considered in construing, interpreting or enforcing this Agreement.
27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement and
understanding of the parties hereto with respect to the subject matter hereof and supersede all prior and
contemporaneous agreements and understandings, oral or written, relating to said subject matter. This
Agreement may only be modified by written amendment executed by the City and Provider.
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IN WITNESS WHEREOF
, the parties hereto have made and executed this Agreement as of the day
and year last executed below.
CITY OF BOYNTON BEACH
ATTEST:
By: ___________________________ By: ______________________________
City Clerk City Manager
Date: ___________________, 2011
CITY ATTORNEY'S OFFICE
Approved as to form and legal sufficiency
By: ____________________
Date: __________________
PROVIDER:
WITNESSES: (One Eighty for Girls, Inc.)
___________________________ By: ____________________________
Printed Name:________________
Print Name: _______________________
____________________________ Title:_____________________________
Printed Name:_________________ Date: , 2011
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Violence Prevention Project: Strengthening Teenage Girls their Families and
the Communities in Palm Beach County
Background
I.
Oneeighty for Girls, Inc. is an IRS-recognized 501(c)(3) nonprofit organization. Our
organization was formed in 2007 for the purpose of reducing delinquency among at-risk girls between
the ages of 12 and 17 years old. Oneeighty for Girls has been following your violence prevention
program and feels that your focus on helping vulnerable youth who face a questionable and uncertain
future fits our mission to reduce the incidence and prevalence of violent behavior and substance abuse
among teenage girls, while increasing positive interaction between them and their families.
Problem Statement
II.
Today one in three juveniles arrested for violent crimes are female. The number of girls ages 10
to 17 arrested for aggravated assault has doubled over the last 20 years. The significant rise in violent
behavior among teenage girls is a national crisis. According to statistics Florida was among the top six
states with the highest juvenile violent arrest rate above average.
There is an urgent need to confront the problem of youth violence. Young people in all
communities are involved in violence, whether the community is a small town or central city, a neatly
groomed suburb, or an isolated rural region. Now is the time to get involved and help prevent youth
violence!
Oneeighty for Girls proposes to offer/teach the ARISE Violence and Conflict Management
program to youth in your community. This is an evidence-based, award –winning program that will help
us achieve our mission, help our youth achieve their goals, and help create a safer community in which
we live. The ARISE Violence and Conflict Management program doesn’t use the typical preach-and-
teach method of instilling important lessons in the youth. Unlike many programs, ARISE provides a
comprehensive approach that is supported by instructor training. The innovative, discussion oriented
sessions that incorporate examples of real life situations will make it possible for us to help youth
develop solid, effective skills that will last a lifetime. The director of Oneeighty for Girls has received
specialized training on how to teach the ARISE curriculum and is excited to offer the program to youth
in your community.
The ARISE Violence and Conflict Management program has been proven effective to work not
only in after-school programs, youth groups, alternative schools and recreation programs but also in the
toughest of environments. For instance, ARISE has been widely used in over 80 Florida department of
juvenile justice facilities, where serious young offenders are kept under lock and key for up to three
years.
The youth needing the services are at risk of child abuse, neglect, abandonment, poverty, family
violence, absent parenting, substance abuse and teenage pregnancy. The youth and their families through
Oneeighty for Girls would receive critically needed services to rebuild strong families, prevent violence
instill values and self esteem.
Objective
III.
Oneeighty’s Violence Prevention Project is designed to reduce the risk of violence among girls
who display one or more risk factors for violence. Promote strengthened relationships between
parents/caregivers and their daughters and to create community and individual change. The goal is to
organize a system of services aimed at minimizing the risk that teenage girls, ages 12 to 17 years old,
will become initially or further involved in the juvenile justice system or become chronically dependent
on the child welfare system.
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Expected accomplishments:
IV.
Youth will learn anger management and conflict resolution skills
Increased self-esteem among teenage girl participants
Improved communication and socialization skills among participants; learn how positive
communication skills help relationships grow.
Increased knowledge about the dangers of drug, alcohol and tobacco use; learn why it’s
smart to avoid substance abuse and guns
Indicators of achievement:
V.
Reduced incidences of violence, anger and altercations at home, school and in neighborhoods
among participants.
Reduction in out of home placement
A positive change among program participants, at the end of 90 day program, based on a
standardized measure of attitudes toward nonviolent conflict resolution.
Attitude towards violence, drug and alcohol use become more negative after completing the
evidenced-based ARISE Violence and Conflict Program
Main Activities:
VI.
The activities provided through this program are not only needed but also wanted by many teens
in your community.
Provide a safe and structured environment over the course of 90 days to teenage girl
participants away from risk factors that may have contributed to violent behavior.
Pre and Post testing of attitudes toward violence
Provide an educational program that will teach about the dangerous affects of violence and
provide a certificate to participants who successfully complete program.
Provide field trips that are educational and fun for participants.
Provide resource referrals that are effective in helping parents/caregivers properly deal with
at-risk youth.
Promote community involvement in reducing violence.
Estimated After-School Program Budget:
VII.
To be sustainable, the Oneeighty for Girls Violence Prevention Project must become financially
self-supporting, and perhaps more importantly, it must generate sustained community and local agency
interest along with support. We believe this pilot project will lead to a sustainable program with county
recognition through the schools, community agencies and churches.
st
Duration 1 year
Business Insurance: $1,000
Field Trips: $2,000
Instructor and other related expenses not included above: $9,000
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ESTIMATED $12,000
TOTAL
Oneeighty For Girls
Board Members
Catrina Lyons is the President and Executive Director; she has worked
for the Department of Children and Families as a Child Protective
Investigator since 2001.
Kendra McDonald is the Secretary; she has worked for the Palm Beach
County School Board as a middle school Guidance Counselor since 2004.
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6. B
CONSENT AGENDA
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R11-123 - Approve and
EQUESTED CTION BY ITY OMMISSION
authorize the Interim City Manager to sign the Services Agreement between the City of Boynton Beach
and Chu Chu Productions, Inc. (the "Provider"), authorizing the City to enter into an agreement to
provide funding in the amount of $1,300 to Chu Chu Productions, Inc. as a partner in the
implementation of the Gang Prevention and Intervention Grant.
EXPLANATION OF REQUEST:
The Palm Beach County Criminal Justice Commission (CJC)
has been awarded a $324,901 Youth Gang Prevention and Intervention grant through the U.S.
Department of Justice. This funding will be used to enhance the existing community–based
comprehensive anti-gang strategy. The CJC will implement the strategy by providing funding to
enhance the current operations of the Youth Empowerment Centers (YECs) in Palm Beach
County.
At the November 3, 2010 Commission Meeting, the Interlocal Agreement (ILA) with the Board of County
Commissioners was authorized, which allowed the City to receive funding from the Gang Prevention
and Intervention Grant in the amount of $71,352.75 to support the Boynton Beach Youth Empowerment
Center.
TERM: The term of the engagement under this agreement shall commence on the date
executed by the later of Provider and City and shall continue until March 31, 2012.
H?
This will add a program to the YEC that
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
will help attract teens and acts as a deterrent towards gang activity. Chu Chu Productions, Inc.
will hold a series of Drama and Theatre Arts classes. Teens will learn various techniques in
audience appropriate theatrical presentations, how to become discipline in specific
technologies, and demonstrate skills in performance and oral communications. The goal of the
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12 week program is to help students develop self-confidence, self-discipline and self-
motivation and how to work effectively in groups.
FI:
The County has approved the funding for the YEC. Chu Chu Productions, Inc.
ISCAL MPACT
submitted a budget of $1,300 to run their program. All expenses submitted for reimbursement
will fall within the approved budget.
The City will be reimbursed via the County for all expenses incurred. Funds have been
budgeted in account #105-3320-572-49 in the amount of $72,353 to cover the cost of services
agreements for the Gang Prevention and Intervention Grant.
A:
Do not approve the Services Agreement.
LTERNATIVES
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RESOLUTION R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE INTERIM CITY MANAGER AND CITY
CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT WITH CHU CHU PRODUCTIONS,
INC., FOR SUB-GRANT FUNDING IN THE AMOUNT OF
$1,300.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Palm Beach County Criminal Justice Commission has been awarded a
$324,901 Youth Gang Prevention and Intervention grant through the U.S. Department of Justice; and
WHEREAS
, the Criminal Justice Commission will implement an anti-gang strategy by
providing funding to enhance the current operations of the Youth Empowerment Centers in Palm Beach
County; and
WHEREAS
, at the November 3, 2010 Commission Meeting, the Interlocal Agreement with the
Board of County Commissions was approved which allowed the City to receive the funding from the
Gang Prevention and Intervention Grant; and
WHEREAS
, the City of Boynton Beach was granted $71,352.75 to support the Boynton Beach
Youth Empowerment Center; and
WHEREAS
, Chu Chu Productions, Inc., submitted a budget of $1,300 and all expenses
submitted for reimbursement will fall within the approved budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize the Interim City Manager and City Clerk to execute a Youth Empowerment Center
Services Agreement with Chu Chu Productions, Inc., including a sub-grant in the amount of $1,300.00,
a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A”
Section 3. This Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED
this ___ day of November, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
______________________________
Vice Mayor – Marlene Ross
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT
THIS AGREEMENT
is made by and between the CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation, with a physical address of 100 East Boynton Beach Blvd., Boynton
Beach, Florida 33425 and a mailing address of 100 East Boynton Beach Blvd, Boynton Beach, Florida
Chu Chu Productions, Inc
33444 (the “City”) and . with an address of 2312 Concrest Court, West Palm
Beach, FL 33415 (the “Provider”).
WITNESSETH
WHEREAS
, by Resolution No. R07-144, the Boynton Beach City Commission approved an
Interlocal Agreement with Palm Beach County (the “County”) establishing a partnership to implement
the Youth Violence Prevention Project (the “Project”); and
WHEREAS
, as part of the Project, the City is establishing Youth Empowerment Centers within
the City to prevent and combat youth violence; and
WHEREAS
, the Interlocal Agreement provides that the County will reimburse expenses
incurred in providing services and expenditures in targeted areas; and
WHEREAS
, Provider offers programs to assist underserved youths with academic assistance
and career guidance; and
WHEREAS
, the City desires to enter into this Agreement to provide such services to the Youth
Empowerment Centers; and
WHEREAS
, the City desires to engage Provider to assist underserved youth to the City as part
of the Project according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE
, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of as such covenants and conditions, the City and
Provider do hereby agree as follows:
2.SERVICES.
1.1 Provider shall provide the services described in the Performance Measures and Program
Description attached hereto as Exhibit “A” (which services are hereinafter referred to as the “Services”)
to participants in the Project. The Services shall be provided at the Carolyn Sims Youth Empowerment
th
Center located at 225 N.W. 12 Ave., Boynton Beach, Florida (the “Center”). The Director of Youth
Violence Prevention Program (hereinafter referred to YVPP) shall coordinate with Provider to establish
a schedule of use for the Services at the Center.
1.2 Provider shall render the Services in a diligent, careful and thorough manner consistent
with good business practice. Time shall be of the essence with respect to all matters set forth in this
Agreement.
1.3 Provider shall have all prospective staff complete a criminal background screening. Staff
will be assigned documentation that they will bring to the Livescan Service Provider being used by the
City for a state and national background check. No staff shall be hired to work with Provider at the
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Center until the background check has been returned and cleared by the Recreation & Parks Department.
YVPP has the right to reject any applicants or staff working under the direction of Provider. Nothing in
this Agreement, however, shall impose any responsibilities or obligations on the City in connection with
performance or actions of any staff hired by Provider. The City reserves the right to require Provider to
dismiss any staff working under it whose performance or actions are detrimental to the Project or who is
involved in misconduct, drug use, alcohol consumption or use or possession of firearms on City
property.
1.4 Provider shall comply with all City rules, regulations and procedures regarding the
operation of the Center and the conduct of providers for City programs.
1.5 Provider shall promptly notify the Recreation & Parks Department about any participant
injury or accident and complete an “Accident/Incident Form.” If the injury required first aid, the
instructor must notify the Center supervisor immediately. The form must be submitted to the Recreation
& Parks Department the same day as the incident.
1.6 Smoking, alcohol and profanity are not allowed at City facilities or around participants.
1.7 Provider is responsible for ensuring that the area it uses is safe and clean before and after
each program.
2. COMPENSATION.
2.1 Contract Amount. In consideration of the satisfactory performance of the Services by
Provider, and the performance by Provider of all of its other duties and obligations as set forth in this
One Thousand
Agreement, Provider shall be entitled to reimbursement in an amount not to exceed
Three Hundred Dollars - ($1,300.00)
(“Contract Amount”) based on the fees set forth in Exhibit “A”
attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in connection
with the rendition of the Services and the performance of any and all of its other obligations hereunder
and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider.
Payment to the Provider by the City is contingent upon reimbursement from the County in accordance
with the terms of the Interlocal Agreement.
2.2 Payment. Payment requests must be submitted by the first of each month using the forms
attached hereto as Exhibit “B”, to: Director of YVPP, Vickie Henderson, Carolyn Sims Center, 225
th
N.W. 12 Ave., Boynton Beach, Florida 33435. Invoices shall be itemized in sufficient detail for
prepayment audit thereof. Provider shall supply any further documentation deemed necessary by the
County or City including detailed data for the purposes of evaluation of the Project. The City shall have
the right to deny reimbursement if proper documentation is not submitted. Once properly submitted, the
City will promptly pay the approved amount.
2.3 No payment made under this Agreement shall be conclusive evidence of the performance
of this Agreement by Provider, either wholly or in part, and no payment shall be construed to be an
acceptance of or to relieve Provider of liability for the defective, faulty or incomplete rendition of the
Services.
3. TERM. The term of the engagement under this Agreement shall commence on the date executed
by the later of Provider and City (the “Effective Date”) and shall continue until March 31, 2012 subject
to renewal or termination as provided in this Agreement. This Agreement may be renewed upon the
sole discretion of the City subject to available funding and provided that the Interlocal Agreement with
Palm Beach County is renewed or extended.
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4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PROVIDER
4.1 Authority. Provider hereby represents and warrants to the City that it has full power and
authority to enter into this Agreement and fully perform its obligations hereunder without the need for
any further corporate or governmental consents or approvals, and that the persons executing this
Agreement are authorized to execute and deliver it.
4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services under
this Agreement and that it will continue to maintain all licenses and approvals required to conduct its
business.
4.3 No Contingency. Provider warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Provider, 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 Provider, any fee, commission, percentage, gift, or any
other consideration contingent upon or resulting from the award or making of this Agreement. In the
event of a breach or violation of this provision by Provider, the City shall have the right to terminate the
Agreement without liability and, at its discretion, to deduct from the contract fee, or otherwise recover,
the full amount of such fee, commission, percentage, gift, or consideration.
4.4 Provider represents that the execution of this Agreement will not violate the Public Entity
Crimes Act (Section 287.133, Florida Statutes).
5. STANDARD OF CARE. The standard of care for all Services performed or furnished by
Provider under this Agreement will be the care and skill ordinarily used by members of Provider’s
profession practicing under similar circumstances or at the same time and in the same locality.
6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement, Provider
shall comply in all material respects with all applicable federal and state laws and regulations and all
applicable county and City ordinances and regulations.
7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it is an independent
contractor of the City and is not an employee of the City. Provider more specifically acknowledges that:
it will not be eligible to participate in any employee benefit maintained by the City; will not be covered
by the City’s workers’ compensation insurance; will be solely and exclusively responsible for payment
of all federal and state income, social security, unemployment and disability taxes due in respect of all
compensation and/or other consideration paid by the City to Provider hereunder. Provider
acknowledges that it shall have no authority to bind City to any contractual or other obligation
whatsoever. Provider shall be entitled to seek and accept other engagements and/or employment during
the term of this Agreement so long as such other employment or engagements do not interfere with the
performance of Provider’s duties hereunder. Provider shall be responsible to the City for all work or
services performed by Provider or any person or firm engaged as a sub-Provider or subcontractor to
perform work in fulfillment of this Agreement.
8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed under
this Agreement for three (3) years following completion of the Services, or conclusion of any litigation
regarding this Agreement. The City shall have the right to audit Provider’s books and records, at the
City’s expense, upon prior notice, with regard to the Services provided to the City hereunder. Failure by
Provider to permit such audit shall be grounds for termination of this Agreement by the City.
9. INSURANCE.
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9.1 Provider shall purchase from and maintain, in a company or companies lawfully
authorized to do business in Florida, such insurance as will protect the City from claims set forth below
which may arise out of or result from performance under this Agreement by Provider, or by a
subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone for
whose acts Provider may be liable.
9.2 The insurance required shall be written for not less than the following limits of liability.
Coverages shall be maintained without interruption from the Effective Date of this Agreement until date
of final payment and termination of any coverage required to be maintained after final payment. Any
liability coverage on claims made basis shall remain effective for five (5) years after final payment.
(1) General Liability – coverage in the minimum amounts specified below, and with a
maximum deductible of $25,000 per occurrence.
General Liability $500,000 per occurrence
$1,000,000 aggregate annually
Property Damage $500,000 per occurrence
$1,000,000 aggregate annually
(2) Automobile Liability $300,000 combined single limit per occurrence
(3) Worker's Compensation: Worker's Compensation and Employer’s Liability
Insurance with limits as required by Chapter 440, Florida Statutes.
9.3 Certificates of Insurance shall be delivered to City prior to execution of this Agreement.
These Certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for non-payment
or 45 days’ prior notice of cancellation otherwise. All certificates for general liability coverages shall
name the City as an Additional Insured. If any of the foregoing insurance coverages are required to
remain in force after final payment, an additional certificate evidencing continuation of such coverage
shall be submitted along with the application for final payment. The Provider shall furnish one copy
each of Certificates of Insurance for each copy of the Agreement which shall specifically set forth
evidence of all insurance coverage required by the Agreement. The Certificate of Insurance shall be
dated and show the name of the insured Provider, the specific Project or Agreement by name and RFP or
Procurement number, the name of the insurer, the number of the policy, its effective date, and its
termination date.
10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages that
may be asserted, claimed or recovered against or from City, its officials, agents, or employees by reason
of any damage to property or personal injury, including death and which damage, injury or death arises
out of or is incidental to or in any way connected with Provider’s performance of the Services or caused
by or arising out of (a) any act, omission, default or negligence of Provider in the provision of the
Services under this Agreement; (b) property damage or personal injury, which damage, injury or death
arises out of or is incidental to or in any way connected with Provider’s execution of Services under this
Agreement; or (c) the violation of federal, state, county or municipal laws, ordinances or regulations by
Provider. This indemnification includes, but is not limited to, the performance of this Agreement by
Provider or any act or omission of Provider, its agents, servants, contractors, patrons, guests or invitees
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and includes any costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such
claims or the investigation thereof. Provider agrees to pay all claims and losses and shall defend all
suits, in the name of the City, its employees, and officers, including but not limited to appellate
proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. City
reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all
costs and fees associated therewith shall be the responsibility of Provider under this indemnification
provision. To the extent considered necessary by the City, any sums due Provider under this Agreement
may be retained by City until all of City’s claims for indemnification have been resolved, and any
amount withheld shall not be subject to the payment of interest by City. This indemnification agreement
is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement
or otherwise. The parties mutually acknowledge that the provisions of §725.08, Fla. Stat., have been
fulfilled and govern this provision. This paragraph shall not be construed to require Provider to
indemnify the City for its own negligence, or intentional acts of the City, its agents or employees. This
clause shall survive the expiration or termination of this Agreement.
11. TERMINATION.
11.1 The City shall have the right to terminate this Agreement, in whole or in part, with or
without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of
termination, and subject to reimbursement from the County, the City shall compensate the Provider for
all authorized work satisfactorily performed through the termination date under the payment terms set
forth herein.
11.2 Provider shall immediately deliver all documents, written information and other materials
concerning City projects in its possession to the City and shall cooperate in transition of its consulting
duties to appropriate parties at the direction of the City.
11.3 Upon termination, this Agreement shall have no further force or effect and the parties
shall be relieved of all further liability hereunder, except that the provisions of this Section shall survive
termination of this Agreement and remain in full force and effect.
12. NOTICE. All written notices, demands and other communications required or provided for
under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in the
case of mailing, or by overnight or same day courier, or by electronic transmission producing a written
record, or hand delivered to Provider at the address on the first page of this Agreement, or to the City, at
the address on the first page of this Agreement, attention: Wally Majors, Recreation & Parks Director,
with a copy to the City Attorney, or to such other address or person as shall be designated by a party in a
written notice given in the manner required hereby.
13. TAXES. Provider understands that in performing the Services for the City, Provider is not
exempt from paying sales tax to Provider’s suppliers for materials required for Provider to perform
under this Agreement. Provider shall not be authorized to use the City’s tax exemption number for
purchasing supplies or materials.
14. AVAILABILITY OF FUNDS. This Agreement is expressly conditioned upon the availability of
funds lawfully appropriated and available for the purposes set out herein as determined in the sole
discretion of the City. In the event funds to finance this Agreement become unavailable, the City may
terminate this Agreement upon no less than twenty-four (24) hours notice to Provider. The City shall be
the sole and final authority as to the availability of funds.
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15. NON-DISCRIMINATION. Provider shall not discriminate against any employee or applicant for
employment or in the provision of Services because of race, color, religion, sex, national origin, age,
disability, familial status, marital status or sexual orientation, or any other factor which cannot be
lawfully used as a basis for service delivery.
16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and
may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their heirs, personal representatives, successors and permitted assigns.
17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as
provided herein, if the deadline is not met because of one of the following conditions occurring with
respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake, volcanic
action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one of the
foregoing conditions interferes with contract performance, then the party affected may be excused from
performance on a day-for-day basis to the extent such party's obligations relate to the performance so
interfered with; provided, the party so affected shall use reasonable efforts to remedy or remove such
causes of non-performance. The party so affected shall not be entitled to any additional compensation
by reason of any day-for-day extension hereunder.
18. TRUTH-IN-NEGOTIATION. Execution of this Agreement by Provider shall be deemed
certification that the compensation and hourly rates and other expenses or costs to be compensated under
this Agreement are accurate, complete and current and the time of contracting. The fees and expenses
payable under this Agreement shall be adjusted to exclude any significant sums should the City
determine that the fees and costs were increased due to inaccurate, incomplete or non-current wage rates
or due to inaccurate representations of fees paid to outside Providers. The Cityshall exercise its rights
under this provision within one (1) year following final payment.
19. NO CONFLICTS.
19.1 Provider represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with its performance under this Agreement. The
Provider further represents that no person having any interest shall be employed or engaged by it for
said Services.
19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or hold
any continuing or frequently recurring employment, contractual relationship business association or
other circumstance, which may influence or appear to influence Provider’s exercise of judgment or
quality of the Services being provided under this Agreement. Provider, its officers, personnel,
subsidiaries and subcontractors shall not perform services for any third party that would in any way be
in conflict with the Services to be provided to the City under this Agreement.
19.3 Provider shall promptly notify the City in writing by certified mail of all potential
conflicts of interest or any event described in this Section. Said notification shall identify the
prospective business interest or circumstance and the nature of work that Provider intends to undertake
and shall request the opinion of the City as to whether such association, interest or circumstance would,
in the opinion of the City, constitute a conflict of interest if entered into by the Provider. The City
agrees to notify the Provider by certified mail of its opinion within thirty (30) calendar days of receipt of
the said notification and request for opinion. If, in the opinion of the City, the prospective business
association, interest or circumstance would not constitute a conflict of interest by the Provider, the City
shall so state in its opinion and the Provider may, at its option, enter into said association, interest or
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circumstance and it shall be deemed not in conflict of interest with respect to services provided to the
City by Provider under this Agreement.
19.4 In the event Provider is permitted to utilize subcontractors to perform any services
required by this Agreement. Provider agrees to prohibit such subcontractors, by written contract, from
having any conflicts as within the meaning of this section.
20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement will
not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that Provider
and its subcontractors under this Agreement have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within 36 months from the date
of submitting a proposal for this Agreement or entering into this Agreement. Violation of this section
may result in termination of this Agreement and recovery of all monies paid hereto, and may result in
debarment from City's competitive procurement activities.
21. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and belief that
no funds or other resources received from the State in connection with this Agreement will be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City’s Small Business
Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm Beach, which is
incorporated herein by this reference. Provider shall comply with the small business commitment
contained in Consultant’s Proposal. Provider shall maintain all relevant records and information
necessary to document compliance with the Small Business Ordinance and shall allow the City to
inspect and audit such records.
23. GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of the
parties hereto determined, in accordance with Florida law. The City and Provider submit to the
jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue
for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern
District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida based upon
improper venue or forum nonconveniens. T
O ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY
,
LITIGATION EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO
A.
THIS GREEMENT
24. SEVERABILITY. In the event that any sentence, section, paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason, such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
25. WAIVER. Any waiver by either party hereto of any one or more of the covenants, conditions,
or provisions of this Agreement, shall not be construed to be a waiver of any subsequent or other breach
of the same or any covenant, condition or provision of this Agreement.
26. HEADINGS. The headings contained in this Agreement are provided for convenience only and
shall not be considered in construing, interpreting or enforcing this Agreement.
27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement and
understanding of the parties hereto with respect to the subject matter hereof and supersede all prior and
contemporaneous agreements and understandings, oral or written, relating to said subject matter. This
Agreement may only be modified by written amendment executed by the City and Provider.
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IN WITNESS WHEREOF
, the parties hereto have made and executed this Agreement as of the day
and year last executed below.
CITY OF BOYNTON BEACH
ATTEST:
By: ___________________________ By: ______________________________
City Clerk City Manager
Date: ___________________, 2011
CITY ATTORNEY'S OFFICE
Approved as to form and legal sufficiency
By: ____________________
Date: __________________
PROVIDER:
WITNESSES: (Chu Chu Productions, Inc.)
___________________________ By: ____________________________
Printed Name:________________
Print Name: _______________________
____________________________ Title:_____________________________
Printed Name:_________________ Date: , 2011
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6. C
CONSENT AGENDA
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R11-124 - Approve and
EQUESTED CTION BY ITY OMMISSION
authorize the Interim City Manager to sign the Services Agreement between the City of Boynton Beach
and JWPC Solutions, LLC (the "Provider"), authorizing the City to enter into an Agreement to provide
funding in the amount of $1,200 to JWPC Solutions, LLC as a partner in the implementation of the Gang
Prevention and Intervention Grant.
ER:
The Palm Beach County Criminal Justice Commission (CJC) has
XPLANATION OF EQUEST
been awarded a $324,901 Youth Gang Prevention and Intervention Grant through the U.S.
Department of Justice. This funding will be used to enhance the existing community–based
comprehensive anti-gang strategy. The CJC will implement the strategy by providing funding to
enhance the current operations of the Youth Empowerment Centers (YECs) in Palm Beach
County.
At the November 3, 2010 Commission Meeting, the Interlocal Agreement (ILA) with the Board of County
Commissioners was authorized, which allowed the City to receive funding from the Gang Prevention
and Intervention Grant in the amount of $71,352.75 to support the Boynton Beach Youth Empowerment
Center through March 31, 2012.
TERM: The term of the engagement under this agreement shall commence on the date
executed by the later of Provider and City and shall continue until March 31, 2012.
H?
This will add a program to the YEC that
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
will help attract teens and acts as a deterrent towards gang activity. JWPC Solutions, LLC
through their TopBreakerz Entertainment program will hold a series of Digital DJ classes. These classes
include the evolution of Digital DJ, the hardware set up, software available, recording,
maintenance and troubleshooting. A video of students learning and practicing their Digital DJ
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skills will be produced during the classes. Following the 12 weeks, students will be equipped
with valuable social skills that will prepare them for school, work, and life.
FI:
The County has approved the funding for the YEC. JWPC Solutions, LLC
ISCAL MPACT
submitted a budget of $1,200 to run their program. All expenses submitted for reimbursement
will fall within the approved budget.
The City will be reimbursed via the County for all expenses incurred. Funds have been
budgeted in account #105-3320-572-49 in the amount of $72,353 to cover the cost of services
agreements for the Gang Prevention and Intervention Grant.
A:
Do not approve the Services Agreement.
LTERNATIVES
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RESOLUTION R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE INTERIM CITY MANAGER AND CITY
CLERK TO EXECUTE A YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT WITH JW PC SOLUTION, LLC.,
FOR SUB-GRANT FUNDING IN THE AMOUNT OF $1,200.00;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Palm Beach County Criminal Justice Commission has been awarded a
$324,901 Youth Gang Prevention and Intervention grant through the U.S. Department of Justice; and
WHEREAS
, the Criminal Justice Commission will implement an anti-gang strategy by
providing funding to enhance the current operations of the Youth Empowerment Centers in Palm Beach
County; and
WHEREAS
, at the November 3, 2010 Commission Meeting, the Interlocal Agreement with the
Board of County Commissions was approved which allowed the City to receive the funding from the
Gang Prevention and Intervention Grant; and
WHEREAS
, the City of Boynton Beach was granted $71,352.75 to support the Boynton Beach
Youth Empowerment Center; and
WHEREAS
, JW PC Solution, LLC., submitted a budget of $1,200 and all expenses submitted
for reimbursement will fall within the approved budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize the Interim City Manager and City Clerk to execute a Youth Empowerment Center
Services Agreement with JW PC Solution, LLC., including a sub-grant in the amount of $1,200.00, a
copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A”
Section 3. This Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED
this ___ day of November, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
______________________________
Vice Mayor – Marlene Ross
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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YOUTH EMPOWERMENT CENTER
SERVICES AGREEMENT
THIS AGREEMENT
is made by and between the CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation, with a physical address of 100 East Boynton Beach Blvd., Boynton
Beach, Florida 33425 and a mailing address of 100 East Boynton Beach Blvd, Boynton Beach, Florida
JWPC Solutions, LLC
33444 (the “City”) and with an address of 3100 Congress Park Drive #1038, Lake
Worth, FL 33461 (the “Provider”).
WITNESSETH
WHEREAS
, by Resolution No. R07-144, the Boynton Beach City Commission approved an
Interlocal Agreement with Palm Beach County (the “County”) establishing a partnership to implement
the Youth Violence Prevention Project (the “Project”); and
WHEREAS
, as part of the Project, the City is establishing Youth Empowerment Centers within
the City to prevent and combat youth violence; and
WHEREAS
, the Interlocal Agreement provides that the County will reimburse expenses
incurred in providing services and expenditures in targeted areas; and
WHEREAS
, Provider offers programs to assist underserved youths with academic assistance
and career guidance; and
WHEREAS
, the City desires to enter into this Agreement to provide such services to the Youth
Empowerment Centers; and
WHEREAS
, the City desires to engage Provider to assist underserved youth to the City as part
of the Project according to the terms and subject to the conditions set forth herein.
NOW, THEREFORE
, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of as such covenants and conditions, the City and
Provider do hereby agree as follows:
3.SERVICES.
1.1 Provider shall provide the services described in the Performance Measures and Program
Description attached hereto as Exhibit “A” (which services are hereinafter referred to as the “Services”)
to participants in the Project. The Services shall be provided at the Carolyn Sims Youth Empowerment
th
Center located at 225 N.W. 12 Ave., Boynton Beach, Florida (the “Center”). The Director of Youth
Violence Prevention Program (hereinafter referred to YVPP) shall coordinate with Provider to establish
a schedule of use for the Services at the Center.
1.2 Provider shall render the Services in a diligent, careful and thorough manner consistent
with good business practice. Time shall be of the essence with respect to all matters set forth in this
Agreement.
1.3 Provider shall have all prospective staff complete a criminal background screening. Staff
will be assigned documentation that they will bring to the Livescan Service Provider being used by the
City for a state and national background check. No staff shall be hired to work with Provider at the
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Center until the background check has been returned and cleared by the Recreation & Parks Department.
YVPP has the right to reject any applicants or staff working under the direction of Provider. Nothing in
this Agreement, however, shall impose any responsibilities or obligations on the City in connection with
performance or actions of any staff hired by Provider. The City reserves the right to require Provider to
dismiss any staff working under it whose performance or actions are detrimental to the Project or who is
involved in misconduct, drug use, alcohol consumption or use or possession of firearms on City
property.
1.4 Provider shall comply with all City rules, regulations and procedures regarding the
operation of the Center and the conduct of providers for City programs.
1.5 Provider shall promptly notify the Recreation & Parks Department about any participant
injury or accident and complete an “Accident/Incident Form.” If the injury required first aid, the
instructor must notify the Center supervisor immediately. The form must be submitted to the Recreation
& Parks Department the same day as the incident.
1.6 Smoking, alcohol and profanity are not allowed at City facilities or around participants.
1.7 Provider is responsible for ensuring that the area it uses is safe and clean before and after
each program.
2. COMPENSATION.
2.1 Contract Amount. In consideration of the satisfactory performance of the Services by
Provider, and the performance by Provider of all of its other duties and obligations as set forth in this
Twelve Hundred
Agreement, Provider shall be entitled to reimbursement in an amount not to exceed
Dollars - ($1,200.00)
(“Contract Amount”) based on the fees set forth in Exhibit “A” attached hereto.
The Contract Amount shall be the sole amount reimbursed to Provider in connection with the rendition
of the Services and the performance of any and all of its other obligations hereunder and shall include
any out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the
Provider by the City is contingent upon reimbursement from the County in accordance with the terms of
the Interlocal Agreement.
2.2 Payment. Payment requests must be submitted by the first of each month using the forms
attached hereto as Exhibit “B”, to: Director of YVPP, Vickie Henderson, Carolyn Sims Center, 225
th
N.W. 12 Ave., Boynton Beach, Florida 33435. Invoices shall be itemized in sufficient detail for
prepayment audit thereof. Provider shall supply any further documentation deemed necessary by the
County or City including detailed data for the purposes of evaluation of the Project. The City shall have
the right to deny reimbursement if proper documentation is not submitted. Once properly submitted, the
City will promptly pay the approved amount.
2.3 No payment made under this Agreement shall be conclusive evidence of the performance
of this Agreement by Provider, either wholly or in part, and no payment shall be construed to be an
acceptance of or to relieve Provider of liability for the defective, faulty or incomplete rendition of the
Services.
3. TERM. The term of the engagement under this Agreement shall commence on the date executed
by the later of Provider and City (the “Effective Date”) and shall continue until March 31, 2012 subject
to renewal or termination as provided in this Agreement. This Agreement may be renewed upon the
sole discretion of the City subject to available funding and provided that the Interlocal Agreement with
Palm Beach County is renewed or extended.
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4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PROVIDER
4.1 Authority. Provider hereby represents and warrants to the City that it has full power and
authority to enter into this Agreement and fully perform its obligations hereunder without the need for
any further corporate or governmental consents or approvals, and that the persons executing this
Agreement are authorized to execute and deliver it.
4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services under
this Agreement and that it will continue to maintain all licenses and approvals required to conduct its
business.
4.3 No Contingency. Provider warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Provider, 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 Provider, any fee, commission, percentage, gift, or any
other consideration contingent upon or resulting from the award or making of this Agreement. In the
event of a breach or violation of this provision by Provider, the City shall have the right to terminate the
Agreement without liability and, at its discretion, to deduct from the contract fee, or otherwise recover,
the full amount of such fee, commission, percentage, gift, or consideration.
4.4 Provider represents that the execution of this Agreement will not violate the Public Entity
Crimes Act (Section 287.133, Florida Statutes).
5. STANDARD OF CARE. The standard of care for all Services performed or furnished by
Provider under this Agreement will be the care and skill ordinarily used by members of Provider’s
profession practicing under similar circumstances or at the same time and in the same locality.
6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement, Provider
shall comply in all material respects with all applicable federal and state laws and regulations and all
applicable county and City ordinances and regulations.
7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it is an independent
contractor of the City and is not an employee of the City. Provider more specifically acknowledges that:
it will not be eligible to participate in any employee benefit maintained by the City; will not be covered
by the City’s workers’ compensation insurance; will be solely and exclusively responsible for payment
of all federal and state income, social security, unemployment and disability taxes due in respect of all
compensation and/or other consideration paid by the City to Provider hereunder. Provider
acknowledges that it shall have no authority to bind City to any contractual or other obligation
whatsoever. Provider shall be entitled to seek and accept other engagements and/or employment during
the term of this Agreement so long as such other employment or engagements do not interfere with the
performance of Provider’s duties hereunder. Provider shall be responsible to the City for all work or
services performed by Provider or any person or firm engaged as a sub-Provider or subcontractor to
perform work in fulfillment of this Agreement.
8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed under
this Agreement for three (3) years following completion of the Services, or conclusion of any litigation
regarding this Agreement. The City shall have the right to audit Provider’s books and records, at the
City’s expense, upon prior notice, with regard to the Services provided to the City hereunder. Failure by
Provider to permit such audit shall be grounds for termination of this Agreement by the City.
9. INSURANCE.
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9.1 Provider shall purchase from and maintain, in a company or companies lawfully
authorized to do business in Florida, such insurance as will protect the City from claims set forth below
which may arise out of or result from performance under this Agreement by Provider, or by a
subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone for
whose acts Provider may be liable.
9.2 The insurance required shall be written for not less than the following limits of liability.
Coverages shall be maintained without interruption from the Effective Date of this Agreement until date
of final payment and termination of any coverage required to be maintained after final payment. Any
liability coverage on claims made basis shall remain effective for five (5) years after final payment.
(1) General Liability – coverage in the minimum amounts specified below, and with a
maximum deductible of $25,000 per occurrence.
General Liability $500,000 per occurrence
$1,000,000 aggregate annually
Property Damage $500,000 per occurrence
$1,000,000 aggregate annually
(2) Automobile Liability $300,000 combined single limit per occurrence
(3) Worker's Compensation: Worker's Compensation and Employer’s Liability
Insurance with limits as required by Chapter 440, Florida Statutes.
9.3 Certificates of Insurance shall be delivered to City prior to execution of this Agreement.
These Certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for non-payment
or 45 days’ prior notice of cancellation otherwise. All certificates for general liability coverages shall
name the City as an Additional Insured. If any of the foregoing insurance coverages are required to
remain in force after final payment, an additional certificate evidencing continuation of such coverage
shall be submitted along with the application for final payment. The Provider shall furnish one copy
each of Certificates of Insurance for each copy of the Agreement which shall specifically set forth
evidence of all insurance coverage required by the Agreement. The Certificate of Insurance shall be
dated and show the name of the insured Provider, the specific Project or Agreement by name and RFP or
Procurement number, the name of the insurer, the number of the policy, its effective date, and its
termination date.
10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages that
may be asserted, claimed or recovered against or from City, its officials, agents, or employees by reason
of any damage to property or personal injury, including death and which damage, injury or death arises
out of or is incidental to or in any way connected with Provider’s performance of the Services or caused
by or arising out of (a) any act, omission, default or negligence of Provider in the provision of the
Services under this Agreement; (b) property damage or personal injury, which damage, injury or death
arises out of or is incidental to or in any way connected with Provider’s execution of Services under this
Agreement; or (c) the violation of federal, state, county or municipal laws, ordinances or regulations by
Provider. This indemnification includes, but is not limited to, the performance of this Agreement by
Provider or any act or omission of Provider, its agents, servants, contractors, patrons, guests or invitees
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and includes any costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such
claims or the investigation thereof. Provider agrees to pay all claims and losses and shall defend all
suits, in the name of the City, its employees, and officers, including but not limited to appellate
proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. City
reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all
costs and fees associated therewith shall be the responsibility of Provider under this indemnification
provision. To the extent considered necessary by the City, any sums due Provider under this Agreement
may be retained by City until all of City’s claims for indemnification have been resolved, and any
amount withheld shall not be subject to the payment of interest by City. This indemnification agreement
is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement
or otherwise. The parties mutually acknowledge that the provisions of §725.08, Fla. Stat., have been
fulfilled and govern this provision. This paragraph shall not be construed to require Provider to
indemnify the City for its own negligence, or intentional acts of the City, its agents or employees. This
clause shall survive the expiration or termination of this Agreement.
11. TERMINATION.
11.1 The City shall have the right to terminate this Agreement, in whole or in part, with or
without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of
termination, and subject to reimbursement from the County, the City shall compensate the Provider for
all authorized work satisfactorily performed through the termination date under the payment terms set
forth herein.
11.2 Provider shall immediately deliver all documents, written information and other materials
concerning City projects in its possession to the City and shall cooperate in transition of its consulting
duties to appropriate parties at the direction of the City.
11.3 Upon termination, this Agreement shall have no further force or effect and the parties
shall be relieved of all further liability hereunder, except that the provisions of this Section shall survive
termination of this Agreement and remain in full force and effect.
12. NOTICE. All written notices, demands and other communications required or provided for
under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in the
case of mailing, or by overnight or same day courier, or by electronic transmission producing a written
record, or hand delivered to Provider at the address on the first page of this Agreement, or to the City, at
the address on the first page of this Agreement, attention: Wally Majors, Recreation & Parks Director,
with a copy to the City Attorney, or to such other address or person as shall be designated by a party in a
written notice given in the manner required hereby.
13. TAXES. Provider understands that in performing the Services for the City, Provider is not
exempt from paying sales tax to Provider’s suppliers for materials required for Provider to perform
under this Agreement. Provider shall not be authorized to use the City’s tax exemption number for
purchasing supplies or materials.
14. AVAILABILITY OF FUNDS. This Agreement is expressly conditioned upon the availability of
funds lawfully appropriated and available for the purposes set out herein as determined in the sole
discretion of the City. In the event funds to finance this Agreement become unavailable, the City may
terminate this Agreement upon no less than twenty-four (24) hours notice to Provider. The City shall be
the sole and final authority as to the availability of funds.
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15. NON-DISCRIMINATION. Provider shall not discriminate against any employee or applicant for
employment or in the provision of Services because of race, color, religion, sex, national origin, age,
disability, familial status, marital status or sexual orientation, or any other factor which cannot be
lawfully used as a basis for service delivery.
16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and
may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their heirs, personal representatives, successors and permitted assigns.
17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as
provided herein, if the deadline is not met because of one of the following conditions occurring with
respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake, volcanic
action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one of the
foregoing conditions interferes with contract performance, then the party affected may be excused from
performance on a day-for-day basis to the extent such party's obligations relate to the performance so
interfered with; provided, the party so affected shall use reasonable efforts to remedy or remove such
causes of non-performance. The party so affected shall not be entitled to any additional compensation
by reason of any day-for-day extension hereunder.
18. TRUTH-IN-NEGOTIATION. Execution of this Agreement by Provider shall be deemed
certification that the compensation and hourly rates and other expenses or costs to be compensated under
this Agreement are accurate, complete and current and the time of contracting. The fees and expenses
payable under this Agreement shall be adjusted to exclude any significant sums should the City
determine that the fees and costs were increased due to inaccurate, incomplete or non-current wage rates
or due to inaccurate representations of fees paid to outside Providers. The Cityshall exercise its rights
under this provision within one (1) year following final payment.
19. NO CONFLICTS.
19.1 Provider represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with its performance under this Agreement. The
Provider further represents that no person having any interest shall be employed or engaged by it for
said Services.
19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or hold
any continuing or frequently recurring employment, contractual relationship business association or
other circumstance, which may influence or appear to influence Provider’s exercise of judgment or
quality of the Services being provided under this Agreement. Provider, its officers, personnel,
subsidiaries and subcontractors shall not perform services for any third party that would in any way be
in conflict with the Services to be provided to the City under this Agreement.
19.3 Provider shall promptly notify the City in writing by certified mail of all potential
conflicts of interest or any event described in this Section. Said notification shall identify the
prospective business interest or circumstance and the nature of work that Provider intends to undertake
and shall request the opinion of the City as to whether such association, interest or circumstance would,
in the opinion of the City, constitute a conflict of interest if entered into by the Provider. The City
agrees to notify the Provider by certified mail of its opinion within thirty (30) calendar days of receipt of
the said notification and request for opinion. If, in the opinion of the City, the prospective business
association, interest or circumstance would not constitute a conflict of interest by the Provider, the City
shall so state in its opinion and the Provider may, at its option, enter into said association, interest or
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circumstance and it shall be deemed not in conflict of interest with respect to services provided to the
City by Provider under this Agreement.
19.4 In the event Provider is permitted to utilize subcontractors to perform any services
required by this Agreement. Provider agrees to prohibit such subcontractors, by written contract, from
having any conflicts as within the meaning of this section.
20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement will
not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that Provider
and its subcontractors under this Agreement have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within 36 months from the date
of submitting a proposal for this Agreement or entering into this Agreement. Violation of this section
may result in termination of this Agreement and recovery of all monies paid hereto, and may result in
debarment from City's competitive procurement activities.
21. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and belief that
no funds or other resources received from the State in connection with this Agreement will be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City’s Small Business
Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm Beach, which is
incorporated herein by this reference. Provider shall comply with the small business commitment
contained in Consultant’s Proposal. Provider shall maintain all relevant records and information
necessary to document compliance with the Small Business Ordinance and shall allow the City to
inspect and audit such records.
23. GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of the
parties hereto determined, in accordance with Florida law. The City and Provider submit to the
jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue
for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern
District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida based upon
improper venue or forum nonconveniens. T
O ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY
,
LITIGATION EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO
A.
THIS GREEMENT
24. SEVERABILITY. In the event that any sentence, section, paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason, such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
25. WAIVER. Any waiver by either party hereto of any one or more of the covenants, conditions,
or provisions of this Agreement, shall not be construed to be a waiver of any subsequent or other breach
of the same or any covenant, condition or provision of this Agreement.
26. HEADINGS. The headings contained in this Agreement are provided for convenience only and
shall not be considered in construing, interpreting or enforcing this Agreement.
27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement and
understanding of the parties hereto with respect to the subject matter hereof and supersede all prior and
contemporaneous agreements and understandings, oral or written, relating to said subject matter. This
Agreement may only be modified by written amendment executed by the City and Provider.
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IN WITNESS WHEREOF
, the parties hereto have made and executed this Agreement as of the day
and year last executed below.
CITY OF BOYNTON BEACH
ATTEST:
By: ___________________________ By: ______________________________
City Clerk Interim City Manager
Date: ___________________, 2011
CITY ATTORNEY'S OFFICE
Approved as to form and legal sufficiency
By: ____________________
Date: __________________
PROVIDER:
WITNESSES: (JWPC Solutions, LLC)
___________________________ By: ____________________________
Printed Name:________________
Print Name: _______________________
____________________________ Title:_____________________________
Printed Name:_________________ Date: , 2011
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6. D
CONSENT AGENDA
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the Bid for "ANNUAL SUPPLY OF
EQUESTED CTION BY ITY OMMISSION
MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" Bid # 070-
1412-11/MFD to the following four (4) companies: Florida Embroidered Patches, Global Trading, SP
Design and Special Products Group on an overall basis, to the lowest, most responsive, responsible
bidders who met all specifications with an estimated annual amount of $35,000.
: N15,2011–N14,2012
CONTRACT PERIODOVEMBER OVEMBER
ER:
On August 18, 2011, Procurement Services opened and tabulated
XPLANATION OF EQUEST
four (4) bids for Embroidery and Silk Screening Uniforms. This bid is utilized to purchase
employee work shirts, polo shirts, ball caps, jackets, and emblem (patches). All bids were
reviewed by the Warehouse Manager. It was determined to recommend this award in part to
.
all four (4) companiesThe award is as follows:
FL. Embroidered Patches 3 Items
Global Trading 82 Items
SP Design 33 Items
Special Products Group 23 Items
Total 141 Items
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The following vendors have minimum requirements for ordering:
Fl. Embroidery - Minimum 50 qty per item
Global - Minimum 12 qty per order
SP Design - Minimum 12 qty per embroidery
Minimum 36 qty per silk screen
Minimum 72 qty per ASI (Ad Specialty Industries) items
SPG - Minimum 12 qty per silk screen
Most of the minimum requirements are fine as they meet our minimum requirements. In the
event we do not meet a minimum, we will go to the next lowest vendor.
Last year’s expenditures were $33,113.02 and the previous year was $39,091.78.
PROGRAM IMPACT:
The purpose of this bid is to secure a source of supply for the purchase
of Embroidery and Silk Screening Uniforms. These supplies will be ordered on an “AS
NEEDED BASIS” and stocked within the City’s Warehouse.
FI:ACCOUNT NUMBER ESTIMATED
ISCAL MPACT
WAREHOUSE STOCKANNUAL EXPENDITURE
502-0000-141-0100 $35,000
A:
Obtain quotes on an “as needed” basis which would not be cost effective.
LTERNATIVES
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The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
Tim Howard, Deputy Director of Financial Services
TO:
FROM:
Michael Dauta, Warehouse Manager
DATE:
October 6, 2011
SUBJECT:
Embroidery Bid # 070-1412-11/MFD
I reviewed the proposals sent from your office. The evaluating factors used were A) Pricing B) Brand.
My recommendation is a multi-award to overall low vendor.
Last year’s expenditures were $33,113.02 and the previous year’s were $39,091.78. This year’s
expenditures will be an estimated $35,000.
The following vendors have minimum requirements for ordering:
Fl. Embroidery - Minimum 50 qty per item
Global - Minimum 12 qty per order
SP Design - Minimum 12 qty per embroidery
Minimum 36 qty per silk screen
Minimum 72 qty per ASI (Ad Specialty Industries) items
SPG - Minimum 12 qty per silk screen
Most of the minimum requirements are fine as they meet our minimum requirements. In the event we do
not meet a minimum, we will go to the next lowest vendor.
Awarded Items
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Fl. Embroidery
Item(s) #
27
11,15,
Global
Item(s) #
18,1927
7,12,13,14,16,17,,20,21,22,23,24,25,26,,42,43,44,45,46,47,48,55,56,57,58,59,60,61,62,63,64,65,
66,67,69,72,73,74,75,76,77,79,80,81,82,85,87,88,89,90,95,96,97,98,99,
105,106,107,108,109,115,116,117,118,119,120,121,122,123,124,125,126,127,128,129, 130,131,132 and
68(200-30-69),68(200-30-70) These two items have the same item number.
SP Design
Item(s) #
1,2,3,4,8,28,29,30,31,32,33,35,36,37,70,71,78,83,84,91,92,93,94,100,101,102,103,104,
133,134,135,136,137
SPG
Item(s) #
18,19
5,6,9,10,,34,38,39,40,41,49,50,51,52,53,54,86,110,111,112,113,114
Notes
Items in bold have two lowest vendors. We will determine which vendor to order from at
time of order based on delivery time.
Global was not awarded the following items (28,29,30,31,34,35,36,37) because they proposed
the brand Anvil when the brand Outerbanks is required.
SP Design was not awarded the following items (5,6) because the sample submitted did not
match what we need.
SP Design was not awarded the following items
(51,52,53,54,55,56,57,58,59,60,61,62,118,119,120,121,122,129,130,131,132,133) because they
proposed an alternate brand instead of the brands 5.11 and Truspec which are required.
In addition, the following vendors are offering %off list price for items not listed on bid.
Global 15%
SP Design 20%
SPG 20%
CC: Barry Atwood, Director of Finance
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6. E
CONSENT AGENDA
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R11-125 - Approve an
EQUESTED CTION BY ITY OMMISSION
Interlocal Agreement (ILA) for Palm Beach County to transfer to City four transit coaches for $1 (one
dollar) each; reconveying the transit coaches to The Volen Center; authorizing approval of Letter of
Understanding with The Volen Center.
ER:
In February 2009, the City entered into an Agreement with the
XPLANATION OF EQUEST
County to lease and operate four (4) buses. The County received funding to purchase the
buses from a U.S. Department of Transportation Transit Administration Grant. The buses
were used to operate the City’s Shopper Hopper program. When the Shopper Hopper
Program was terminated at the end of last fiscal year, the buses were returned to the County.
However, the County no longer has a public transit need for the buses and deemed them
surplus.
The services that were provided as part of the Shopper Hopper program are now being offered
by the Volen Center. As such, the Volen Center inquired about the possibility of using the four
buses as part of their service delivery. The County was in favor of this option. Through this
Agreement, the County will allow the City to acquire the buses. The City will then transfer the
buses to the Volen Center to use them as part of the Volen Center Shopper Hopper Program.
The Agreement between the Volen Center and the City will be formalized by Letter of
Understanding (LOU).
H?
With the Agreements between the County,
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the City and the Volen Center in place, the City will be able to facilitate a senior transportation program to
replace the Shopper Hopper Program.
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FI:
The City will be responsible for all costs associated with the conveyance,
ISCAL MPACT
delivery, and transfer of title of the four transit coaches to the Volen Center.
A:
Do not enter into this Agreement.
LTERNATIVES
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND PALM BEACH COUNTY, FLORIDA, TRANSFERRING TO
THE CITY FOUR TRANSIT COACHES FOR $1.00 EACH;
AUTHORIZING THE CONVEYANCE OF THE TRANSIT
COACHES TO THE VOLEN CENTER; APPROVING THE
LETTER OF UNDERSTANDING WITH THE VOLEN CENTER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
in February, 2009, the City entered into an Interlocal Agreement with the County
to lease four (4) transit coaches purchased through a United States Department of Transportation Federal
Transit Administration grant; and
WHEREAS,
the transit coaches were used to operate the City’s Shopper Hopper Program; and
WHEREAS,
the coaches were returned to the County when the Shopper Hopper Program was
terminated however the County no longer has a public transit need for the transit coaches and has
deemed them surplus; and
WHEREAS,
The Volen Center is now offering the services that were provided as part of the
Shopper Hopper program and, as such, The Volen Center has inquired about the use of the four transit
coaches as part of their service; and
WHEREAS,
the City Commission of the City of Boynton Beach, Florida, upon
recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City
of Boynton Beach to enter into the Interlocal Agreement between the City of Boynton Beach and Palm
Beach County, Florida, for the transfer of the four transit coaches to the City for ($1.00) each; approving
the conveyance of the four transit coaches to The Volen Center; and approving the Letter of
Understanding with The Volen Center.
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 hereby approves and authorizes the Mayor and City Clerk
to execute the Interlocal Agreement between the City of Boynton Beach and Palm Beach County for the
transfer of the four transit coaches to the City for ($1.00) each. A copy of the Interlocal Agreement is
attached hereto as Exhibit "A".
Section 3. The City Commission hereby approves the conveyance of the four transit coaches
to The Volen Center for use as part of their services.
Section 4. The City Commission hereby approves and authorizes the Letter of
Understanding with The Volen Center, a copy of which is attached hereto as Exhibit “B”.
Section 5. That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED
this _____ day of November, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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AGREEMENT REGARDING THE CONVEYANCE
OF BUSES TO
THE CITY OF BOYNTON BEACH, FLORIDA
THIS AGREEMENT REGARDING THE CONVEYANCE OF BUSES
is made and entered into this
day of __________, 2011, by and between Palm Beach County, a political subdivision of the State of Florida,
(hereinafter referred to as “Palm Beach County”), and The City of Boynton Beach, a political subdivision of the
State of Florida.
W I T N E S S E T H :
WHEREAS,
Palm Beach County’s Department of Surface Transportation (also known as “Palm Tran”)
has determined that it has four (4) model year 2001 El Dorado Cutaway buses (collectively referred to herein as
“Buses”) that are not needed for any County purpose, that the Buses are an uneconomical asset, and that Palm
Beach County no longer has a public transit need for the Buses; and
WHEREAS
, The City of Boynton Beach has advised Palm Beach County’s Department of Surface
Transportation, Palm Tran, that The City desires to acquire the Buses from Palm Beach County; and
WHEREAS,
The City of Boynton Beach has represented that it will incorporate the Buses into The City of
Boynton Beach public transit system, and use them to promote the community interest and welfare by enhancing
the public transit system; and
WHEREAS,
The City of Boynton Beach has applied to Palm Beach County for the conveyance of the
Buses to The City of Boynton Beach and affirms that it will use the Buses to accomplish the purposes described
herein; and
WHEREAS,
The City of Boynton Beach does hereby further represent and affirm that it is an entity
qualified and eligible to receive a conveyance of personal property from Palm Beach County in accordance with
the requirements of Section 125.38, F.S.; and
WHEREAS
, Palm Beach County has determined that the Buses are not needed for any Palm Beach
County purpose, that the Buses are required for use by The City of Boynton Beach, and that the Buses should be
conveyed to The City of Boynton Beach for the nominal sum of One Dollar ($1.00); and
WHEREAS,
Palm Beach County’s Board of County Commissioners finds that the use The City of
Boynton Beach will make of the Buses constitutes and will serve a valid public purpose.
NOW, THEREFORE
, in consideration of the covenants and promises contained herein, the parties agree
as follows:
1. Incorporation of Recitals: The foregoing recitals are true and correct and incorporated into and made
a part of this Agreement.
2. Purpose: The purpose of this Agreement is to set forth the various duties, rights and obligations of the
parties regarding the transfer of the Buses to The City of Boynton Beach and The City of Boynton Beach’s use of
the Buses to promote the community’s interest and welfare by utilizing the Buses in The City of Boynton Beach’s
public transit system as contemplated in this Agreement. The Buses to be transferred to The City of Boynton
Beach consist of (4) model year 2001 El Dorado Cutaway buses with the following Vehicle Identification Numbers:
1FDXE45F41HA69972 Fixed Asset # 101290870000000
1FDXE45F21HA69971 Fixed Asset # 101290860000000
1FDXE45F01HA69970 Fixed Asset # 101290850000000
1FDXE45F41HA69969 Fixed Asset # 101290840000000
3. Representatives: Palm Beach County’s representative following the execution of this Agreement will
be Palm Tran’s Executive Director whose telephone number is 561-841-4210, or his designee. The City of
Boynton Beach’s representative following the execution of this Agreement will be Wally Majors, Recreation and
Parks Director whose telephone number is (561) 742-6224 or such other representative designated by The City of
Boynton Beach.
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4. Transfer of Title: Palm Beach County agrees to transfer title, relinquish possession and deliver the
Buses to The City of Boynton Beach, Florida or such other location in Palm Beach County, Florida, on such date
and time specified by Palm Beach County’s Representative; provided, provided, that, the Federal Transit
Administration (FTA) has notified Palm Beach County that it has approved the transfer of the Buses to The City of
Boynton Beach, and Palm Beach County has received from The City of Boynton Beach the nominal sum of One
Dollar ($1.00). The City of Boynton Beach shall be solely responsible for and shall bear all costs arising out of
and related to the conveyance, transfer of title, delivery and acceptance of the Buses, of whatsoever kind or
nature. The City of Boynton Beach acknowledges that the Buses have been fully depreciated, that for Federal
Transit Administration’s (FTA) purposes all buses have reached their useful service life. Palm Beach County is
willing to release its ownership and control of the Buses to The City of Boynton Beach following Palm Beach
County’s receipt of FTA approval for this transfer, and The City of Boynton Beach’s release of Palm Beach
County from any future liability or responsibility for the Buses. The City of Boynton Beach acknowledges that with
the execution of this Agreement it accepts responsibility for the continued satisfactory maintenance and control of
the Buses.
5. Acceptance of Buses “As Is” and Disclaimer of Warranty: It is understood between the parties that
Palm Beach County is conveying the Buses to The City of Boynton Beach “as is” and that no representations are
made as to the maintenance, safety, operability or condition of the Buses or any equipment associated therewith.
No warranties are made, of any kind or nature, and none shall be deemed to be in effect, including but not limited
to any warranty with respect to the design, condition, safety or operability of the Buses, their quality or capacity,
their conformity to or compliance with any requirement of law (whether state, federal or local), or any rule,
specification or contract pertaining to the Buses. No warranties are made regarding patent infringement, any
latent defect or the Buses’ fitness for any or a particular purpose. The City of Boynton Beach’s execution of this
Agreement shall act as its acknowledgment that it has performed a detailed inspection of the Buses and accepts
them in their “as is” condition. The City of Boynton Beach further acknowledges and agrees that no
representations or warranties have been made regarding the Buses, and that it has not relied upon any statement
or representation made by Palm Beach County or Palm Tran, Inc. or their respective officers, employees,
servants or agents regarding the Buses or any equipment that may or not may be located thereon. The City of
Boynton Beach shall correct any and all conditions that may interfere with or affect the safe operation or use of
the Buses or create a danger to any person or property prior to it or any other person or entity using or operating
the Buses.
Palm Beach County is not the manufacturer of the Buses or any equipment associated therewith. Palm
Beach County is not the agent of the manufacturer, and no warranty against patent or latent defects in material,
workmanship, or capacity is given. Palm Beach County does not warrant the Buses or any equipment
associated therewith as being fit for a particular purpose, or as having been maintained or adjusted to a certain
condition, level or degree of safety, or as required by law. No oral or written statement, representation,
information or advice from Palm Beach County, Palm Tran, Inc. or any of their respective officers or employees
whether given before, during or after delivery of the Buses shall create a warranty, including any warranty as to
maintenance, safety, operability or reliability, and The City of Boynton Beach expressly acknowledges that it is
not entitled to rely on any such statement, representation, information or advice, if such was made or given.
NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE GIVEN. ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR ANY, AN IMPLIED OR PARTICULAR PURPOSE
ARE EXPRESSLY EXCLUDED. PALM BEACH COUNTY SHALL NOT BE LIABLE FOR ANY
GENERAL, SPECIAL, DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT
LIMITATION, ANY LOST PROFITS, SAVINGS OR OTHER CONSEQUENTIAL, EXEMPLARY
OR INCIDENTAL DAMAGES ARISING OUT OF THIS AGREEMENT AND/OR THE CITY OF
BOYNTON BEACH’S USE OR OPERATION OF THE BUSES. NEITHER PALM BEACH
COUNTY NOR PALM TRAN, INC. SHALL NOT BE LIABLE FOR ANY CLAIM FOR
DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY
DAMAGE, BASED UPON A CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
MISREPRESENTATION, STRICT LIABILITY OR BREACH OF WARRANTY.
6. Discrimination Prohibited: The City of Boynton Beach represents and warrants that it will not
discriminate in any use made of the Buses and that their employees will be treated equally without regard to race,
color, religion, disability, sex, age, national origin, ancestry, marital status, sexual orientation, gender or gender
identity or expression.
7. Responsibility: The City of Boynton Beach shall be solely responsible for all costs associated with or
related to the conveyance, delivery, transfer of title and its use of the Buses. The City of Boynton Beach agrees
that Palm Beach County has no responsibility or duty, of any kind or nature, to any person or entity, relating to the
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Buses. The City of Boynton Beach expressly waives and releases Palm Beach County and Palm Tran, Inc. from
any responsibility or liability, of any kind or nature whatsoever, that Palm Beach County or Palm Tran, Inc, had,
has or may have to The City of Boynton Beach or any other person or entity, related to Palm Beach County’s
conveyance of the Buses to The City of Boynton Beach or The City of Boynton Beach’s ownership, use,
operation, maintenance or possession of the Buses.
8. No Agency Relationship: Palm Beach County is transferring title to the Buses, after receiving FTA
approval. The City of Boynton Beach is not an agent, servant or employee of Palm Beach County or Palm Tran,
Inc. Neither Palm Beach County nor Palm Tran, Inc. is an agent, servant or employee of The City of Boynton
Beach. The City of Boynton Beach acknowledges and agrees that neither Palm Beach County nor Palm Tran,
Inc. has any control over the actions, activities or decisions of The City of Boynton Beach. Nothing contained
herein shall create an agency relationship between The City of Boynton Beach and Palm Beach County or The
City of Boynton Beach and Palm Tran, Inc.
9. The City of Boynton Beach shall not assign, transfer or otherwise encumber this Agreement, in whole
or in part, without first having obtained the prior written consent of Palm Beach County.
10. Hold Harmless and Indemnification: To the extent permitted by law, The City of Boynton Beach
agrees to protect, defend, reimburse, save, indemnify and hold Palm Beach County, Palm Tran, Inc., their
successors or assigns, and their respective directors, officers, servants, agents or employees, free and harmless,
at all times, from and against any and all suits, actions, damages, liabilities, interest attorney’s fees, costs and
expenses of any kind or nature, including all costs of appeals, arising out of or related, in any manner whatsoever,
to The City of Boynton Beach’s acquisition, inspection, acceptance, possession, use, operation or maintenance of
the Buses, any intentional or negligent act or omission of The City of Boynton Beach, or any intentional or
negligent act or omission of Palm Beach County or Palm Tran, Inc. that relates, in any manner, to The City of
Boynton Beach’s acquisition, ownership, operation, maintenance, possession or use of the Buses. The City of
Boynton Beach expressly agrees that neither Palm Beach County or Palm Tran, Inc. has a duty to The City of
Boynton Beach, the public, any member of the public, any passenger being transported on one of the Buses, or
any other third party to notify The City of Boynton Beach or any other person of any defect or dangerous condition
or to correct any defect or dangerous condition which may exist or affect, in any way whatsoever, The City of
Boynton Beach’s use, maintenance or operation of the Buses. The foregoing indemnification shall survive the
expiration or termination of this Agreement and shall remain in effect at all times during which The City of Boynton
Beach owns, possesses, uses, maintains or has an interest in the Buses.
11. Remedies and Venue: This Agreement shall be governed by the laws of the State of Florida and any
and all legal action necessary to enforce this Agreement shall be held in Palm Beach County, Florida. 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 or 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.
12. Entirety of Agreement: This Agreement sets forth the entire agreement between the parties and
supersedes all other negotiations, representations, or agreements, whether written or oral, relating to this
Agreement. The Agreement may be modified and amended only by written instrument executed by the parties
hereto.
13. No Third Party Beneficiaries Created: This Agreement is not intended to be a third party beneficiary
contract and creates no right in anyone other than The City of Boynton Beach, Palm Beach County and Palm
Tran, Inc. No other person or entity shall have any rights, interest, or claims against the County or Palm Tran,
Inc. as a result of this Agreement or The City of Boynton Beach’s acquisition, ownership, use, operation or
maintenance of the Buses, or be entitled to any benefits under or on account of this Agreement as a third-party
beneficiary or otherwise. The City of Boynton Beach expressly acknowledges and agrees that neither Palm
Beach County nor Palm Tran, Inc. has a duty, of any kind or nature, to The City of Boynton Beach or any third
party as a result of The City of Boynton Beach, ownership, operation, maintenance, possession or use of the
Buses.
14. Representations: The City of Boynton Beach acknowledges Palm Beach County’s intent to convey
the Buses to The City of Boynton Beach in accordance with the requirements of Section 125.38, F.S. The City of
Boynton Beach affirms its representation to County that it is an entity eligible to receive personal property from
Palm Beach County under Section 125.38, F.S. To the extent permitted by law, The City of Boynton Beach shall
save, defend, indemnify and hold harmless Palm Beach County for any and all liability or responsibility that Palm
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Beach County had, has or may have as a result of a determination that The City of Boynton Beach is not an entity
eligible to receive personal property from Palm Beach County under Section 125.38, F.S.
15. Notices: Any notice given pursuant to the terms of this Agreement shall be in writing and hand
delivered or sent by U.S. Mail. All notices shall be addressed to the following:
As to Palm Beach County:
Executive Director, Palm Tran
3201 Electronics Way
West Palm Beach, FL 33407
(561) 841-4210
As to The City of Boynton Beach:
Recreation and Parks Director
The City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33435-0310
Phone: (561) 742-6000
16. Waiver: No waiver of any provisions of this Agreement shall be effective unless it is in writing and
signed by the party against whom it is asserted. Any such written waiver shall only be applicable to the specific
instance to which it relates and shall not be deemed a continuing or future waiver.
17. Captions: The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
18. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties 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. Severability: Should any section, paragraph, sentence, clause or provision hereof be held by a court
of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement.
20. Entirety of Contract and Modifications: Palm Beach County and The City of Boynton Beach agree
that this Agreement sets forth the entire agreement between the parties, and that there are no promises or
understandings other than those stated herein. No modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document executed with the same
formality and equality of dignity herewith.
21. Survivability: Any provision of this Agreement which is of a continuing nature or imposes an
obligation which extends beyond the term of this Agreement shall survive its expiration or earlier termination.
(Remainder of Page Intentionally Left Blank)
IN WITNESS WHERE OF
, the parties have executed this Interlocal (Grant) Agreement and it is effective
on the date first above written.
Palm Beach County, Florida, by its City of Boynton Beach, Florida
Board of County Commissioners
By:_________________________________ By:_________________________________
Chair
Attest: Attest:
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Sharon R. Block, Clerk & Comptroller
By: By:__________________________________
Deputy Clerk Municipal Clerk
Approved as to Terms and Conditions
By:_______________________________
Chuck Cohen, Executive Director
Palm Tran
Approved as to Form Approved as to Form
and Legal Sufficiency and Legal Sufficiency
___________________________________ ___________________________________
County Attorney City Attorney
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November 8, 2011
Elizabeth L. Lugo
President/CEO
The Volen Center, Inc.
1515 West Palmetto Park Road
Boca Raton, Florida 33486
Re: Letter of Understanding regarding Transportation Services
Dear Ms. Lugo:
The purpose of this Letter of Understanding is to formalize the agreement between the City of Boynton
Beach (“City”) and the Volen Center, Inc. (“Volen”) as it relates to transportation services.
BACKGROUND
Prior to October 1, 2011, the City operated a transportation service commonly referred to as the
“Shopper Hopper” Program. The Shopper Hopper Program provided low cost transportation for seniors
within the Boynton Beach city limits to locations such as the Boynton Beach Senior Center, doctor’s
offices, grocery stores, pharmacies, social service agencies, and a variety of other locations throughout
the City. The Shopper Hopper operated on a six day a week schedule with fixed routes as established by
the City’s Recreation and Parks Department.
The Boynton Beach Shopper Hopper Program was discontinued by the City Commission effective
September 30, 2011. The City Commission’s decision was based upon its determination that the Volen
could provide transportation services in substantially the same manner as the Shopper Hopper Program
in an equally efficient but less costly manner.
In conjunction with the City’s budget hearings, Volen made a proposal to extend Volen’s Community
Coach Program that was already in service in the City but running at capacity. Volen proposed that it
could add additional fixed routes including transportation to and from the City’s Senior Center. In
exchange for providing standard services, Volen proposed that the City re-allocate $75,000 of its annual
budget to Volen to subsidize the additional transportation services.
As the result of further discussion and negotiation Volen and the City have agreed as follows:
OBLIGATIONS OF THE VOLEN
Effective date October 1, 2011 and until September 30, 2012 Volen will provide a "Shopper
Hopper" Transportation program for the City’s senior residents.
The program will follow the routes and destinations as described in the attached Exhibit “A”.
The Volen will provide daily rides (Monday – Friday) arriving to the City’s Senior Center at
approximately 10am and leaving the Senior Center at 3pm.
Service will be provided on a first-come, first-serve basis.
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The Volen reserves the right to alter the schedule with regards to days and times as to best meet
the needs of the seniors of Boynton Beach.
Volen will be responsible for all salaries and benefits for the driver(s) as well as all gas,
maintenance, repair, tires, insurance, etc. for the vehicles.
Volen will also provide all office staff, dispatch, scheduling and intake staff.
The cost per trip for the senior rider is $3 each way and there is no membership fee associated
with this program at this time.
Volen will provide the above described transportation services using, at Volen’s discretion, four
vehicles the City intends to transfer to the Volen as additional subsidy to provide the services.
Until the transfer of the four vehicles is finalized, Volen will use Volen’s existing fleet to cover
the rides and routes.
Volen will provide packets of information including all of the necessary paperwork and forms to
the City and any interested senior residents. All riders must fill out an enrollment/registration
form, sign applicable waivers and forms and adhere to the Volen’s policy on rider conduct.
Volen has the sole discretion to determine who is appropriate and who is not for the service and
to monitor compliance with the standards of conduct for the individual riders. Riders must notify
Volen if they are not going to need a scheduled ride and will need to adhere to the Volen’s
Community Coach guidelines as it pertains to scheduling and cancelling any rides.
Provide the City on request data regarding ridership, fares collected, and ridership complaints, if
any.
OBLIGATIONS OF THE CITY
The City will pay Volen $75,000 which represents the 2011-12 City appropriation for senior
transportation services. The $75,000 with be paid in four quarterly payments of $18,750.00.
The City will transfer to Volen, four (4) buses obtained by the City from Palm Beach County,
Florida.
Forward to Volen all ridership complaints which are communicated to the City.
ADDITIONAL TERMS OF UNDERDTANDING
This Letter of Understanding does not constitute a fixed term.
Volen or the City can discontinue this service and fund relationship at any time provided ninety
(90) days advanced notice is provided.
The City is under no duty to continue to appropriate funds for the services being provided by
Volen.
The transportation services being provided by the Volen remain solely under the control of
Volen and the City has no operational control over the operational means and methods used by
Volen.
Volen is not an employee, independent contractor, or agent of the City but operates as a private
independent entity.
Please confirm that The Volen Center, Inc. agrees that the foregoing represents the understanding of our
mutual obligations by signing below and return one of the two originals to me.
Thank you for your continued cooperation with the City of Boynton Beach and your assistance in
providing transportation services to our seniors and other citizens in need of independent transportation.
Very truly yours,
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Lori LaVerriere
Interim City Manager
LL/lms
cc: James A. Cherof, City Attorney
Janet M. Prainito, City Clerk
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The Volen Center
Shopper Hopper
Schedule
Schedule
Monday
Route 10 Destination Mall/Target/Wal-Mart/Shoppes of Boynton {12:00 & 1:00 p.m. return}
PINEPOINT 9:20 a.m.
VILLAGE ROYAL ON THE GREEN 9:30 a.m.
VILLAGE ROYAL 9:35 a.m.
BOYNTON BAY 9:45 a.m.
Route 11 Destination: Mall-Target-Shoppes of Boynton {2:30 p.m. return}
LEISUREVILLE SECTION 1 11:00 a.m.
LEISUREVILLE SECTION 2 11:00 a.m.
LEISUREVILLE SECTION 3 11:00 a.m.
VENETIAN TERRACE 11:15 a.m.
BOYNTON LEISUREVILLE 11:15 a.m.
Tuesday
Route 2 Destination Publix (1 hour shopping) Route 3 Destination Publix (1 hour
shopping)
LEISUREVILLE SECTION 1 9:00 a.m. SOUTHWEST BOYNTON 12:00
p.m.
LEISUREVILLE SECTION 2 9:30 a.m. VENETIAN TERR APTS. 12:15
p.m.
LEISUREVILLE SECTION 3 9:30 a.m. BOYNTON LEISUREVILLE 12:30
p.m.
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Wednesday
Route 4 Destination Publix (1 hour shopping) Route 5 Destination Publix (1 hour
shopping)
COLONIAL CLUB 9:00 a.m. CHERRY HILL SECTION 12:00
p.m.
HAMPSHIRE GARDENS 9:00 a.m. ROLLING GREEN SECTION
12:10 p.m. SEAGATE 9:05 a.m. NORTHEAST BOYNTON
12:15 p.m.
SNUG HARBOR 9:10 a.m. ROYAL MANOR 12:30
p.m. SOUTHEAST BOYNTON 9:15 a.m. NORTHWEST BOYNTON
12:45 p.m.
HIGHPOINT 9:30 a.m.
STERLING VILLAGE 10:00 a.m.
The Volen Center Shopper Hopper
Thursday
Route 6
Destination Publix (1 hour shopping) Route 7 Destination Wal-Mart
{2 & 3 p.m. return}
NORTHEAST BOYNTON 8:45 a.m.
BOYNTON BAY 9:00 a.m. LEISUREVILLE SECTION 1 12:00
p.m.
PINE POINT 9:35 a.m. LEISUREVILLE SECTION 2 12:00
p.m.
VILL. ROYALE ON THE GREEN 9:45 a.m. LEISUREVILLE SECTION 3 12:00
p.m.
VILLAGE ROYALE 9:50 a.m. VENETIAN TERR. APTS. 12:15
p.m.
BOYNTON LEISUREVILLE 12:20
p.m.
Friday
Route 8 Destination Mall/Target/Wal-Mart/Shoppes of Boynton {12:15, 1:15 & 2:00 p.m.
return}
CHERRY HILL/ROLLING GREEN 9:15 a.m.
HIGHPOINT 9:35 a.m.
SOUTH BOYNTON 9:55 a.m.
ROYAL MANOR 10:30 a.m.
NORTHWEST BOYNTON 10:45 a.m.
Route 9 Destination Mall/Target/Wal-Mart/Shoppes of Boynton {12:15 & 1:15 p.m. return}
SOUTHEAST BOYNTON 9:35 a.m.
COLONIAL CLUB 9:45 a.m.
HAMPSHIRE GARDENS 9:45 a.m.
SEAGATE 9:45 a.m.
STERLING VILLAGE 9:55 a.m.
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6. F
CONSENT AGENDA
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R11-126 - Approve and
EQUESTED CTION BY ITY OMMISSION
authorize the Interim City Manager to sign an Agreement with CRS Max Consultants, Inc. of Coconut
Creek, FL for the purpose of developing a Flood Mitigation Plan for the City of Boynton Beach, RFP
#078-2411-11/TWH in the amount of $29,750.
AP:
D1,2011N30,2012.
GREEMENT ERIOD ECEMBER THRU OVEMBER
ER:
The City of Boynton Beach received a grant from State of Florida, Division of
XPLANATION OF EQUEST
Emergency Management to assist in developing a Flood Mitigation Plan to be submitted to the State and FEMA
for approval.
As part of developing the Flood Mitigation Plan, Procurement advertised an RFP#078-2411-11/TWH for
consultants to provide assistance in the development and submittal of the plan to the State and FEMA.
Procurement received and opened eight (8) proposals on September 21, 2011.
An Evaluation Team consisting of Eric Johnson, Planning & Zoning Division, Kathleen Lee, Building Division, and
Chris Roschek, Utilities Department evaluated the proposals. As explained in the RFP the evaluation categories
consisted of:
Experience of the firm with similar projects
Background and experience of principal members of the firm
Evidence of possession of required licenses or business permits
Experience in performance
Contracts on hand
Review of references
Consideration of past lawsuits or arbitration to which firm has been a party
Price
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In reviewing the proposals, the Evaluation Team members considered the above criteria and particularly CRS
training (Community Rating System) and Certified Floodplain Manager designations of firms’ listed staff members
and previous experience with preparing a Flood Plain Management Plan and the scoring on those plans. These
factors address the experience of the firms with similar projects and the background and experience of principal
members of the firm. As a result of the proposal reviews, the proposals from the following four (4) firms were
determined to be non-responsive: Emergency Disaster Strategies, R.J. Behar & Company, Inc., GRD Solutions,
LLC and Jonathan T. Ricketts, Inc.
Of the remaining four (4) proposals, it was determined that CRS Max Consultants, Inc. was the lowest, most
responsive, responsible bidder with a bid price of $29,750.
H?
The purpose of this RFP was to engage a consultant to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
assist staff to develop future flood mitigation plans and strategies that will be approved by the City of Boynton
Beach, State of Florida, and FEMA.
FI:
The funding for this agreement is provided by the grant from State of Florida, Division of
ISCAL MPACT
Emergency Management. The grant provides for a 75% match, the remaining 25% match is comprised of 12.5%
in-kind match (staff time) and 12.5% cash match by the City of Boynton Beach. The costs associated with this
agreement ($29,750) will be charged to the grant account 105-3279-515-49-17.
A:
Do not award the agreement and re-advertise RFP or do not do project and cancel grant.
LTERNATIVES
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A CONSULTANT
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CRS
MAX CONSULTANTS, INC., IN THE AMOUNT OF $29,750.00 FOR THE
PURPOSE OF DEVELOPING A FLOOD MITIGATION PLAN FOR THE
CITY OF BOYNTON BEACH; AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE THE AGREEMENT AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach received a grant from the State of Florida Division of
Emergency Management to assist in developing a Flood Mitigation Plan to be submitted to the State and
FEMA for approval; and
WHEREAS,
as part of developing the Flood Mitigation Plan, Procurement advertised an RFP
#078-2411-11/TWH for consultants to provide assistance in the development and submittal of the plan
to the State and FEMA; and
WHEREAS
, on September 21, 2011 Procurement received and opened eight (8) proposals
which were evaluated by a team of staff; and
WHEREAS,
four (4) proposals were determined to be non-responsive and of the four (4)
remaining proposals, it was determined that CRS Max Consultants, Inc., was the lowest, most
responsive, responsible bidder; and
WHEREAS,
upon recommendation of staff, the City Commission has determined that it is in the
best interests of the residents of the City to enter into a Consultant Agreement between the City of
Boynton Beach and CRS Max Consulting, Inc., in the amount of $29,750.00 for the purpose of
developing a Flood Mitigation Plan for the City of Boynton Beach.
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 hereby approves a Consultant Agreement between the City
of Boynton Beach and CRS Max Consultants, Inc., in the amount of $29,750.00 for the purpose of
developing a Flood Mitigation Plan for the City of Boynton Beach.
Section 3. Authorizing the Interim City Manager to execute the Consultant Agreement, a
copy of the Agreement is attached hereto as “Exhibit A.”
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of November, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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CONSULTANT AGREEMENT FOR
“A FLOOD MITIGATION PLAN”
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the
_CRS Max Consultants, Inc._________________
City”, and , hereinafter referred to as “the
Consultant”, in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1.CONSULTANT
PROJECT DESIGNATION. The Consultant is retained by the City to perform
services in connection with the project designated.
2.SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit “A”
attached hereto and incorporated 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 by calendar days from the date
written notice is given to proceed, unless an extension of such time is granted in writing by the City.
4.TERM: This Agreement shall be for a period of three (3) years 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
$29,750.00
rendered under this agreement as follows not to exceed :
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.
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.
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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 of this 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.
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.
12. 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.
13. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
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14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Consultant.
b. In 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 of
the 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
Notices to Consultant shall be sent to the following address:
CRS Max Consultants, Inc.
st
3331NW 71 Street
Coconut Creek, FL 33073
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18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and supersedes
all prior negotiations, representations, or agreements written or oral. This agreement may be
amended only by written instrument signed by both City and Consultant.
DATED this _____ day of ________________________________________, 20____.
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
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PALM BEACH COUNTY INSPECTOR GENERAL
ACKNOWLEDGMENT
The Contractor is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this contract, and
in furtherance thereof may demand and obtain records and testimony from the Contractor and
its subcontractors and lower tier subcontractors.
The contractor understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of the Contractor or its subcontractors or lower tier
subcontractors to fully cooperate with the Inspector General when requested may be deemed
by the municipality to be a material breach of this contract justifying its termination.
_______________________________
CONTRACTOR NAME
By_____________________________
Title: ___________________________
Date: ___________________________
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EXHIBIT “A”
Scope of Services
Summary: The consultant with staff assistance will identify and analyze repetitively flooded
areas to determine the most critical repetitively flooded properties. These properties will be
mapped to develop future mitigation plans and strategies. During this time of gathering data,
staff and the consultant will gather community input by neighborhood meetings and field work
to supplement existing data. After compiling data, completing the analysis, mapping the
properties and developing mitigation strategies, staff and the consultant will prepare an
updated plan for adoption by the City of Boynton Beach Commission. The final plan will be a
stand alone plan that will be utilized to update the Flood Hazard section of the Palm Beach
County Local Mitigation Plan. The update will provide greater focus and foresight in reducing
future flood occurrence.
The City anticipates that the plan will take approximately 9 months to develop, and contain the
elements as detailed in the scope of work. Both public and private resources will be utilized to
develop a thorough, useable plan. Building permits records, insurance loss, reports, repeated
flooding incidents reports, Public works maintenance records and other records will be
available for review to determine those areas most susceptible to flooding.
Project Goals: The goals are as follows:
Identify and analyze the 10 year history of floodplain development, growth, programs,
projects, studies, and repetitive loss information to include locations, addresses, and
damage estimates (structural and property).
Determine cause and potential mitigation.
Create a prioritized list of mitigation strategies for City of Boynton Beach to reduce
flooding and target critical areas and repetitive loss structures.
Produce and distribute a document which can be adopted by the City and used to guide
future funding and mitigation efforts.
Create a prioritized list of floodplain management activities to improve City of Boynton
Beach’s CRS Rating.
Scope of Work: The consultant will produce a final report that includes:
Research and describe the extent of flood depth and damage potential.
Maps and descriptions of the existing flood hazard (including identification of the
flood risk and a thorough discussion of past floods).
Estimates of the types and number of structures at risk.Creation of a map and
discussion of repetitive loss properties and potential mitigation activities for repetitive
loss structures.
Discussion about the numbers and types of building at risk.
Description of the impact of the flooding in infrastructure, public health and safety.
Description of the needs and procedure for warning and evacuating residents and
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visitors. Identify critical facilities.
Description of the development trends including a discussion of redevelopment in
the floodplain, the watershed and natural resources area.
Summarize the impact of flooding on the community and the local economy.
Floodplain management goals for City of Boynton Beach.
Strategy for reducing flood risk.
Strategy for continued compliance with the NFIP regulations.
Description of how the community has coordinated with other agencies and
organizations and when their input was requested.
Identification and evaluation of cost effective and technically feasible mitigation
actions considered.
Procedures for ensuring implementation.
Procedures for reviewing progress.
Procedures for recommending revisions to the plan.
The consultant should insure the plan submitted for approval includes documentation of formal
plan adoption by the City of Boynton Beach.
The consultant should include a list of potential projects and how the projects will contribute to
the overall mitigation strategy.
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6. G
CONSENT AGENDA
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve utilizing the State of Florida Contract #680-050-
EQUESTED CTION BY ITY OMMISSION
12-1 with Lawmen & Shooters Supply for approximately $43,000 for the following: ammunition, gun
parts, and cleaning supplies.
ER:
XPLANATION OF EQUEST
Utilize the State of Florida Contract #680-050-12-1 with Lawmen & Shooters Supply for
approximately $43,000 for the following: ammunition, gun parts, and cleaning supplies. This
includes not only ammunition officers carry in their duty weapon, but also all
training/qualification ammunition (45 caliber, 40 caliber, 223 caliber, and 9mm). The State of
Florida competitive procurement procedure meets or exceeds the City's procurement requirements.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
No other city services are affected.
FI:
ISCAL MPACT
The $43,000 will come from FY 2011/12 departmental budget (account 001-2110-521-52-50).
A:
LTERNATIVES
Go out for additional bids.
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6. H
CONSENT AGENDA
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve full release of surety for the project known as
EQUESTED CTION BY ITY OMMISSION
Imagine Charter School, and authorize returning: (1) the $73,681.30 performance bond for the water
distribution system and wastewater collection/transmission system and (2) the $111,100.00 performance
bond for the wastewater lift station to MG3 Developer Group, LLC.
ER:
This project involved the construction of new water and sanitary
XPLANATION OF EQUEST
sewer pipelines and a wastewater lift station to serve Imagine Charter School. All lines have
been installed, inspected and have passed inspection. New utilities easements have been
dedicated and recorded.
The performance bonds in the amounts of $73,681.30 and $111,100.00 should be returned to:
Ms. Pamela Butler
MG3 Developer Group, LLC
1915 Harrison Street
Hollywood, FL 33020
H?
None.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None.
ISCAL MPACT
A:
None.
LTERNATIVES
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6. I
CONSENT AGENDA
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve recommendation to rename Veterans'
EQUESTED CTION BY ITY OMMISSION
Bicentennial Park to Veterans' Memorial Park.
ER:
On October 15, 2011, the City Commission approved the
XPLANATION OF EQUEST
appointment of a review committee to review and recommend the Veterans’ Advisory
Commission’s proposal for renaming Veterans’ Bicentennial Park to Veterans’ Memorial Park.
The review committee reviewed the proposal and recommend said change to the City
Commission.
H?
City publications will be updated during
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the normal course of business.
FI:
Cost of signage change is not to exceed $800.00.
ISCAL MPACT
A:
Not accept the recommendation of the review committee.
LTERNATIVES
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6. J
CONSENT AGENDA
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R11-127 - Authorize
EQUESTED CTION BY ITY OMMISSION
Interim City Manager and City Clerk to execute a Confidentiality Agreement and for staff to commence
negotiations of a Contract with Aware Digital, Inc. of Hallandale, FL, staff's #1 ranked firm as a result of
RFQ 072-2821-11/TWH for "SYSTEM INTEGRATORS FOR SECURITY SYSTEM UPGRADES".
ER:
The City issued the above RFQ for “System Integrators for Security
XPLANATION OF EQUEST
System Upgrades” to update and expand existing closed circuit television (CCTV) and access
control systems at the East and West Water Treatment plant sites. The RFQ was advertised
and submittals were due on August 30, 2011 at 2:30 p.m. Procurement received and opened
two (2) proposals. The goal of the RFQ is to find a strategic partner to work with the Utilities
Department on these upgrades.
Because of the Public Health Security and Bioterrorism Preparedness and Response Act of
2002, these sites fall under the jurisdiction of the Department of Homeland Security and are
thereby considered sensitive sites. In order to proceed with negotiations, the selected firm will
be required to execute a Confidentiality Agreement with the City to obtain the information and
technical specifications in order to prepare their price proposal. This is a result of these sites
falling under the jurisdiction of the Department of Homeland Security and being considered
sensitive sites.
The proposals were reviewed by Michael Low, Bevis Pigott, James Sylvain, all members of the
Utilities Department, Doug Solomon of the Police Department, and David Moritz of Stanley
Consultants. Each reviewer completed a weighting score sheet as provided in the RFQ
document. A publicly noticed meeting was held on Thursday, October 20, 2011, for each
reviewer to read their scores from their weighting score sheet for the record.
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The Finance Department verified the scores and prepared a summary tabulation of the overall
scores to arrive at the following ranking:
1) Aware Digital, Inc.
2) Protect Video, Inc.
Based on the above ranking, staff is requesting authorization for the Interim City Manager and
City Clerk to execute a Confidentiality Agreement and for staff to begin negotiations with
Aware Digital, Inc. at this time.
Aware Digital, Inc. will need to execute the Confidentiality Agreement with the City to obtain
the information and technical specifications in order to prepare their price proposal.
Information released to the firm regarding security systems at the East and West Water
Treatment Plan is restricted, so no more than one firm will have the documents necessary to
prepare a price proposal. As stated in the Confidentiality Agreement all documents must be
returned to the City if a Contract cannot be successfully negotiated.
If staff cannot successfully negotiate a Contract with Aware Digital, Inc., they will cease
negotiations then execute a Confidentiality Agreement and begin negotiations with Protect
Video, Inc. Once staff successfully negotiates a Contract, it will be brought back to the City
Commission for approval.
H?
Security systems will be upgraded and
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
expanded for existing closed circuit television (CCTV) and access control systems at the East
and West Water Treatment plant sites.
FI:
None at this time, but this project is identified and budgeted in the Utilities FY
ISCAL MPACT
2011-12 Capital Improvement Program.
A:
Not approve the ranking by staff and direct staff to re-advertise.
LTERNATIVES
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE
INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE
A CONTRACTOR CONFIDENTIALITY AGREEMENT WITH
AWARE DIGITAL, INC., OF HALLANDALE FLORIDA;
AUTHORIZING STAFF TO COMMENCE NEGOTIATIONS OF
A CONTRACT WITH AWARE DIGITAL, INC., FOR THE
“SYSTEM INTEGRATORS FOR SECURITY SYSTEM
UPGRADES”; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach issued RFQ #072-2821-11/THW for “SYSTEM
INTEGRATORS FOR SECURITY SYSTEM UPGRADES” to update and expand existing closed
circuit television (CCTV) and access control systems at the East and West Water Treatment plant sites;
and
WHEREAS,
due to the fact that these sites fall under the jurisdiction of the Department of
Homeland Security and are thereby considered sensitive sites the selected firm will be required to
execute a Confidentiality Agreement in order to obtain the information and technical specifications to
prepare their price proposal and proceed with negotiations; and
WHEREAS
, Procurement received and opened two (2) proposals which were evaluated by a
team of staff; and
WHEREAS,
staff is requesting authorization for the Interim City Manager and City Clerk to
execute a Confidentiality Agreement and for staff to begin negotiations with Aware Digital, Inc., and
WHEREAS,
upon recommendation of staff, the City Commission has determined that it is in the
best interests of the residents of the City to authorize the Interim City Manager and City Clerk to execute
a Contractor Confidentiality Agreement and to authorize staff to begin contract negotiations with Aware
Digital, Inc., for System Integrators for Security System Upgrades.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission hereby authorizes the Interim City manager and City Clerk
to execute a Contractor Confidentiality Agreement with Aware Digital, Inc., a copy of the Contractor
Confidentiality Agreement is attached hereto as Exhibit “A”.
Section 3. Staff is hereby authorized to begin negotiations with Aware Digital, Inc., for
System Integrators for Security System Upgrades.
Section 4. This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED
this _____ day of November, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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CONTRACTOR CONFIDENTIALITY AGREEMENT
THIS CONFIDENTIALITY AGREEMENT is entered into between the City of Boynton Beach,
hereinafter referred to as “the City”, and AWARE DIGITAL, INC., hereinafter referred to as “the
Contractor”, in consideration of the mutual benefits, terms, and conditions hereinafter specified.
12.
SECURITY SYSTEM UPGRADES. Contractor was approved by the City Commission on
November 15, 2011 as one (1) of two (2) most qualified system integrators based on Contractor’s
Request for Qualifications from System Integrators for Security System
response to the “
Upgrades”
and independent scoring by an evaluation committee.
13.REQUEST FOR PRICE PROPOSAL. As an approved Contractor, the City is requesting
Request for
preparation of a Price Proposal for goods and services as a separate submittal to “
Proposal for Security System Upgrades for the City of Boynton Beach”.
Information and
technical specifications deemed necessary to prepare a Price Proposal will be distributed by the City.
14.DOCUMENT SECURITY. The Public Heath Security and Bioterrorism Preparedness and
Response Act of 2002 restricts the City of Boynton Beach’s release of security information
currently in place and specific details planned for the future.
a.The City is restricted on how information regarding sensitive facilities and systems information
will be released.
b.Contractor must enter into this Confidentiality Agreement with the City prior to receiving
confidential documents related to this project.
c.Contractor agrees to enter into Contract negotiations with City, if invited, after evaluation of
Contractor’s Price Proposal submittal.
15.NON PAYMENT FOR RFQ SUBMITTAL. Contractor shall NOT be paid by the City for
submitting a Price Proposal in response to this Agreement.
a. Contractor, by submission of an RFQ response, acknowledges that in the event of any legal
action challenging the award of the RFQ, damages, if any, shall be limited to the actual cost of
the preparation of the RFQ.
16.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other
materials provided by the City or produced by the Contractor in connection with the preparation of a
Price Proposal under this Agreement shall be the property of the City whether the project for which
NOT
they are made is executed or not. The Contractor shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in connection
with Contractor’s endeavors.
17.TERMINATION.
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a.The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Contractor.
b.In the event of the death of a member, partner or officer of the Contractor, or any of its
supervisory personnel assigned to the project, the surviving members of the Contractor hereby
agree to complete the work under the terms of this Agreement, if requested to do so by the City.
This section shall not be a bar to renegotiations of this Agreement between surviving members of
the Contractor and the City, if the City so chooses.
18.DISPUTES. Any dispute arising out of the terms or conditions of this Agreement shall be
adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida
Law.
19.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Contractor shall be sent to the following address:
Aware Digital, Inc
1835 E Hallandale Beach Blvd No. 479
Hallandale, FL 33009
ATTN: Joshua Charles Mann
20.CONFIDENTIALITY AGREEMENT. This Agreement, together with RFQ #072-2821-11/
documents, attachments or addenda, represents the entire and integrated Agreement between the City
and the Contractor and supersedes all prior negotiations, representations, or agreements written or
oral. This Agreement may be amended only by written instrument signed by both City and
Contractor.
AWARE DIGITAL, INC.
agrees that all documents provided by the City as deemed necessary to
prepare a Price Proposal for security system upgrades are confidential and shall NOT be distributed,
copied, reprinted or duplicated in any form.
Initial
AWARE DIGITAL, INC.
acknowledges that the unauthorized distribution of any RFQ documents for
security system upgrades may necessitate remedial action by the City.
Initial
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AWARE DIGITAL, INC.
acknowledges that all equipment/material specifications and other related
information provided by the City for the preparation of a price proposal are considered the property of
the City and shall be returned to the City as directed.
Initial
DATED this _____ day of ________________, 20____.
CITY OF BOYNTON BEACH
_________________________________ ____________________
City Manager Contractor
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
Office of the City Attorney Secretary
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6. K
CONSENT AGENDA
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the minutes from the City Commission regular
EQUESTED CTION BY ITY OMMISSION
meeting held on November 1, 2011
The City Commission met on November 1, 2011 and minutes were prepared from the notes
taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings
be prepared, approved and maintained in the records of the City of Boynton Beach.
H?
A record of the actions taken by the City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. L
CONSENT AGENDA
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R11-128 - Approve an
EQUESTED CTION BY ITY OMMISSION
Agreement with a three (3) year service rate guarantee with Solantic Walk-In Urgent Care to provide
Physician Services for the City of Boynton Beach and authorize the Interim City Manager to execute the
Agreement for the City.
ER:
The City entered into a Agreement for physician services with
XPLANATION OF EQUEST
Bethesda Healthcare System that ends December 2, 2011. When Bethesda could no longer
continue directly providing physician services under their existing Agreement, they converted
our physician services to Solantic Walk-In Urgent Care, who honored the existing pricing
between the City and Bethesda.
As physician services are not subject to competitive solicitation requirements under Florida
Statutes, the Human Resources staff requested Willis of Florida, the City’s Human Resources
consultant, to develop an Informal Request for Pricing (IRFP) for a qualified firm or physician to
provide physician services, including office space, exam rooms and equipment, for the City of
Boynton Beach.
The IRFP included a Scope of Services for Firefighters, Police and General Employees. The
vendors approached were asked to provide us with a breakdown of their costs for services as
outlined in the Scope of Services provided by the City.
Attachments
Physician Services Cost Comparison
Willis Executive Summary
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H?
The change in contracting directly with
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Solantic Walk-In Urgent Care will be seamless and transparent to the City as they are currently
providing our physician services.
FI:
Solantic Walk-In Urgent Care provided the most competitive pricing, which
ISCAL MPACT
includes a three-year service rate guarantee. In most instances, the pricing is equal to or
lower than our existing pricing. By continuing services through Solantic Urgent Care, we also
eliminate the expense of having existing medical records transported to a different facility.
These services are included in the FY 2011-12 Budget.
A:
Select an alternate vendor with one year rates that are higher than our existing
LTERNATIVES
prices in our most frequently used services, which would adversely affect the budget.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A THREE (3) YEAR PROVIDER AGREEMENT FOR
“PHYSICIAN SERVICES” WITH SOLANTIC WALK-IN URGENT
CARE AS THE PROVIDER FOR PHYSICIAN SERVICES FOR ALL
NEW EMPLOYEES AND REQUIRED ANNUAL PHYSICALS FOR
POLICE OFFICERS AN FIREFIGHTERS; AUTHORIZING THE
INTERIM CITY MANAGER TO EXECUTE THE PROVIDER
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City Commission of the City of Boynton Beach, upon recommendation of
staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to enter into a
Provider Agreement with Solantic Walk-in Urgent Care, providing for pre-employment
examinations, and required annual physicals for police officers and firefighters.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach hereby approves the
three (3) year Provider Agreement for physician services between the City of Boynton Beach and
Solantic Walk-in Urgent Care.
Section 3. The Interim City manager is hereby authorized to execute the Provider
Agreement with Solantic Walk-In Urgent Care, a copy of which agreement is attached hereto as
Exhibit “A”.
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of November, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
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_______________________________
Vice Mayor – William Orlove
_______________________________
Commissioner – Woodrow L. Hay
________________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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PROVIDER AGREEMENT FOR “PHYSICIAN SERVICES”
WITH SOLANTIC WALK-IN URGENT CARE
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the
City”, and Solantic Walk-In Urgent Care, hereinafter referred to as “the Provider,” in consideration of
the mutual benefits, terms, and conditions hereinafter specified effective December 2, 2011.
21.
PROJECT DESIGNATION. The Provider is retained by the City to perform Physician Services in
connection with the project designated.
22.SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit “A” attached
hereto, and incorporated 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.
23.TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written
notice by the City to the Provider to proceed. Provider shall perform all services and provide all
work product required pursuant to this agreement.
24.TERM: The term of this Agreement shall commence on December 2, 2011 through September 30,
2014 with two (2) additional one (1) year renewals.
25.PAYMENT. The Provider shall be paid by the City for completed work and for services rendered
under this agreement as follows:
a.Payment for the work performed by Provider shall be made as outlined on Exhibit “A” attached
hereto, on an as needed basis without express written modification of the agreement signed by
the City Manager or his designee.
b.The Provider may submit invoices to the City once per month during the progress of the work for
partial payment for project completed to date. Such vouchers will be reviewed by the City, and
upon approval thereof, payment will be made to the Provider in the amount approved.
c.Final payment of any balance due the Provider 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.
d.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.
e.The Provider 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 this Agreement. Copies shall be made available upon request.
26.OWNERSHIP AND USE OF DOCUMENTS. All documents, records, and other materials
produced by the Provider 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 Provider
shall be permitted to retain copies, including reproducible copies, of documents, records, and other
materials for information, reference and use in connection with Physician’s endeavors.
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27.COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this
service agreement, faithfully observe and comply with all federal, state and local laws, ordinances
and regulations that are applicable to the services to be rendered under this agreement.
28.INDEMNIFICATION. Provider 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 Provider’s own employees, or damage to property occasioned by a
negligent act, omission or failure of the Provider.
29.INSURANCE. The Provider shall secure and maintain in force throughout the duration of this
agreement Malpractice Insurance along with 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 of this Agreement.
30.INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider 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 Provider nor any employee of Provider 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 Provider, or any employee of Provider.
31.COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the Provider 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 Provider, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or
making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
32.DISCRIMINATION PROHIBITED. The Provider, 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.
33.ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
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34.NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
35.TERMINATION. This Agreement may be terminated as follows:
c.By either Party for Cause (defined for purposes of this Agreement as an incurred breach of the
provisions hereof), if the terminating Party has provided the other Party with written notice of the
matter or matters constituting Cause for termination and the Party receiving such notice has not
cured such matter or matters within thirty (30) days of receipt.
d.In the event of the death of a member, partner or officer of the Physician, or any of its
supervisory personnel assigned to the project, the surviving members of the Physician hereby
agree to complete the work under the terms of this agreement, if requested to do so by the City.
This section shall not be a bar to renegotiations of this agreement between surviving members of
the Consultant and the City, if the City so chooses.
36.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.
37.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Attention: Julie Oldbury, Director of Human Resources
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
Solantic Walk-In Urgent Care
830 N. Congress Avenue
Suite 130
Boynton Beach, Florida 33426
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38.INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents
the entire and integrated agreement between the City and the Provider and supersedes all prior
negotiations, representations, or agreements written or oral. This Agreement may be amended only
by written instrument signed by both City and Provider.
DATED this _____ day of ________________________________________, 20_____.
CITY OF BOYNTON BEACH
_________________________________ __________________________________
Interim City Manager Solantic Walk-In Urgent Care
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
Office of the City Attorney Secretary
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“EXHIBIT A”
SCOPE OF SERVICES
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WILLIS EMPLOYEE BENEFITS
5550 Glades Road, #500
Boca Raton, FL 33431
Website: www.willis.com
Executive Summary
Purpose: To identify a vendor to provide physician services, including office space, exam rooms and equipment,
to the City of Boynton Beach. The City desires to establish a strong, sound and mutually beneficial relationship
with a physician or firm.
Background: The City of Boynton Beach entered into a contract for physician services with Bethesda Healthcare
System that ends December 2, 2011. By way of contract between Bethesda and Solantic , physicians services
are being provided to the City by Solantic at the contracted pricing between the City and Bethesda.
At the request of the Human Resources staff of the City of Boynton Beach, Willis of Florida developed an
Informal Request for Pricing for a qualified firm or physician to provide physician services, including office
space, exam rooms and equipment, to the City of Boynton Beach.
The IRFP included a Scope of Services for Firefighters, as well as Police and General Employees. The vendors
approached were asked to provide us with a breakdown of their costs for services as outlined in the Scope of
Services provided by the City.
Analysis: The IRFP was distributed by Willis on August 10, 2011.
The vendors approached are as follows: Solantic Walk-In Urgent Care, City of Delray Beach CareHere Clinic,
MedExpress Urgent Care and U.S. Healthworks.
MedExpress Urgent Care did not respond to our Request.
City of Delray Beach CareHere Clinic, U.S. Healthworks and Solantic Walk-In Urgent Care all provided pricing for
the Scope of Services, which is illustrated on the attached spreadsheet.
Solantic Walk-In Urgent Care provided the most competitive pricing, and after Willis negotiated for additional
pricing relief from Solantic, they agreed to rates that are, in most instances, equal to or lower than the current
pricing, as well as the pricing provided by each responding vendor. In addition, Solantic has agreed to a 3 year
rate guarantee, and their clinics are open from 8 a.m. to 8 p.m. seven days a week.
Recommendation: After careful review of the criteria provided by the City, and the proposals submitted by the
vendors, Solantic Walk-In Urgent Care has provided a proposal that most closely meets or exceeds the
requirements outlined in the City’s Scope of Services, and the City has been satisfied with the services provided
by Solantic.
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7. A
BIDS AND PURCHASES OVER $100,000
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Award the Bid for "ANNUAL BID FOR THE PURCHASE
EQUESTED CTION BY ITY OMMISSION
OF 11R22.5 RECAP/RETREAD TIRES" Bid # 075-1412-11/MFD to : Wingfoot Commercial Tire
Systems, LLC. as the primary vendor and to Tiresoles of Broward as the secondary vendor, as both are
responsive, responsible bidders who met all specifications. Estimated annual expenditure is $130,000.
: N16,2011–N15,2012
CONTRACT PERIODOVEMBER OVEMBER
ER:
The annual bid # 006-1412-11/MFD, on April 5, 2011, was
XPLANATION OF EQUEST
originally awarded to Tiresoles of Broward. The City received a letter from Tiresoles on June
22, 2011 stating an increase in price will take effect July 1, 2011. According to the contract, all
prices were guaranteed for one (1) year. It was determined to terminate the contract and go
out for bid again.
This current contract has an escalation clause that reads:
The City acknowledges the fluctuating nature of prices for the items specified. Accordingly an
escalator/de-escalator clause will be accepted only under the following conditions:
Price increase(s) and price decrease(s) comparable to documented manufacturer’s price
changes.
Receipt of proper notification to the Purchasing Department, in writing, 60 days notice, of all
items affected by price increases/decreases.
All price increase(s) and decrease(s) are to be approved by the Deputy Director of Financial
Services and shall remain in effect for a minimum of one (1) year from the request date or to the
end of the contract period, whichever occurs first. Successful bidder shall additionally pass on
to the City any decrease(s) in the items cost.
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The City may, after review, refuse to accept the adjusted costs if they are not properly
documented, increases are considered to be excessive, or decreases are considered to be
insufficient. In the event the City does not wish to accept the adjusted costs, and the matter
cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the
contract upon giving thirty (30) days notice to the awarded bidder.
On September 8, 2011, Procurement Services opened and tabulated three (3) bids for the
annual bid for the purchase of 11R22.5 recap/retread tires.
All bids were recorded by the City of Boynton Beach Purchasing Division and tabulated by the
Warehouse Manager for final review. It was determined to recommend this award to Wingfoot
Commercial Tire Systems, LLC as the primary vendor and to Tiresoles of Broward as the
secondary vendor. The purpose of the secondary vendor is to utilize in the event the primary
vendor is unable to perform its obligations. The bid award is for the period November 16, 2011
– November 15, 2011 with a provision to extend the bid for an additional one-year period.
(Primary) (Secondary)
Wingfoot Commercial Tire Systems Tiresoles of Broward
Recap Tire $149 Recap Tire $180
Refurbish Wheel $29 Refurbish Wheel $20
Valve Stems $3 Valve Stems $3.95
Mount and Dismount $22 Mount and Dismount $20
Total $203 Total $223.95
We are also receiving credit for used big tires. However, we only receive credit for
approximately 10% of used big tires which is not enough to offset the price differential.
The breakdown is as follows:
Wingfoot Commercial Tire Systems
425 65R22.5 Duraseal Goodyear $20.00
385 65R22.5 Goodyear $10.00
315 80R22.5 Goodyear $20.00
Tiresoles of Broward
425 65R22.5 Duraseal Goodyear $50.00
385 65R22.5 Goodyear $40.00
315 80R22.5 Goodyear $40.00
PROGRAM IMPACT:
The purpose of this bid is to secure a source of supply for the purchase
of 11R22.5 Recap/Retread Tires. These supplies will be ordered on an “AS NEEDED BASIS”
and stocked within the City’s Warehouse.
FI:ACCOUNT NUMBER ESTIMATED
ISCAL MPACT
WAREHOUSE STOCKANNUAL EXPENDITURE
501-2516-519-52-12 $130,000
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A:
Obtain quotes on an “as needed” basis which would not be cost effective.
LTERNATIVES
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The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
Tim Howard, Deputy Director of Financial Services
TO:
FROM:
Michael Dauta, Warehouse Manager
DATE:
October 18, 2011
SUBJECT:
Recap/Retread Tire Bid # 075-1412-11/MFD
I reviewed the tabulation sheet. It is recommended to award Wingfoot Commercial Tire Systems, LLC
as a primary vendor and to Tiresoles of Broward as a secondary vendor. The evaluating factors used
were A) Tread Depth, B) Ability to Meet Specifications C) Price.
Last year’s expenditures were $192,455.00. This year’s expenditures will be an estimated $130,000.
Breakdown of Cost of 11R22.5 Recap Tire
(Primary) (Secondary)
Wingfoot Commercial Tire Systems Tiresoles of Broward
Recap Tire $149 Recap Tire $180
Refurbish Wheel $29 Refurbish Wheel $20
Valve Stems $3 Valve Stems $3.95
Mount and Dismount $22 Mount and Dismount $20
Total $203 Total $223.95
Pride Tires was deemed non-responsive because they could not repair cracks and do not offer Goodyear
rubber.
We are also receiving credit for used big tires. The breakdown is as follows:
Wingfoot Commercial Tire Systems
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425 65R22.5 Duraseal Goodyear $20.00
385 65R22.5 Goodyear $10.00
315 80R22.5 Goodyear $20.00
Tiresoles of Broward
425 65R22.5 Duraseal Goodyear $50.00
385 65R22.5 Goodyear $40.00
315 80R22.5 Goodyear $40.00
In addition, Wingfoot is offering a 64% discount off list and Tiresoles is offering 60% discount off list
for any tires not listed in the bid.
CC: Barry Atwood, Director of Finance
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7. B
BIDS AND PURCHASES OVER $100,000
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve utilizing the State of Florida Contract #725-330-
EQUESTED CTION BY ITY OMMISSION
05-1 with Verizon Wireless for approximately $105,500 for smart phone service, cell phone service and
air cards for wireless data services.
ER:
The Police Department is requesting use of the State of Florida
XPLANATION OF EQUEST
Contract #725-330-05-1 with Verizon Wireless for approximately $105,500 for the following
services:
Department blackberry/smart phone service $13,000 (10 devices)
Cell phone service for sergeants/lieutenants $14,000 (31 devices)
Cell phone service for parking enforcement/COP/spare hurricane phones $1,000 (42
devices)
Air cards for wireless data services $77,500 (169 devices)
The State of Florida competitive procurement procedures meets or exceeds the City's procurement
guidelines.
For our wireless data services, in addition to outstanding customer service, Verizon Wireless
provides unique functionality not found with other vendors. The software that we install on
each laptop to connect the air cards allows us to mandate that the user connect through our
VPN in order to use the Verizon service. Users are not allowed to use the air card/laptop as
their primary internet connection. This allows us to track web usage, prohibit sites that are
potentially inappropriate or malicious, and decreased instances of viruses and malware.
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H?
Both cell phones and air cards are vital to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the operations of the Police Department. Without this ability, the Department would suffer
significantly. No other City services are affected.
FI:
Of the total price, $77,500 will be paid out of the “12.50 account” (Trust Fund
ISCAL MPACT
account 691-5000-590-01-27). The “12.50 account” is money that comes to the Department
via the County as a result of traffic fine disbursement. The money can only be used by the
Police Department for purposes of “police automation” in accordance with Florida Statute.
Yearly, we receive approximately $95,000 that is placed into this account.
The remaining $28,000 will come from the FY 2011/12 departmental budget (General Fund
account 001-2110-521-41-15).
A:
Advertise for sealed bids.
LTERNATIVES
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9. A
PUBLIC HEARING
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
11/15/11
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve conditional use and major site plan modification
EQUESTED CTION BY ITY OMMISSION
for a drive-through facility at a Publix grocery store on 14.42 acres in the C-3 Community Commercial
zoning district. Applicant Jami Passer, E&A Sunshine, LLC.
ER:
Jennifer Vail with Land Design South is the agent representing
XPLANATION OF EQUEST
applicant Jami Passer with E & A Sunshine, LLC. They are requesting conditional use and
major site plan modification approval for a drive-through facility at the proposed Publix grocery
store at the Sunshine Square shopping center. As part of approved redevelopment
modifications for Sunshine Square, the former Publix building is to be razed and replaced with
a larger Publix store (+14,326 square feet). The proposed drive-through facility is for the
Publix pharmacy and would be located on the south façade of the new building.
In December 2010 several minor site plan modifications to Sunshine Square were approved by
staff, with reallocation of some building square footage and a reduction in overall building area of
8,629 square feet, and the addition of further enhancements to perimeter landscaping, building
facades, and traffic circulation. However, the Land Development Regulations require conditional
use approval for any type of drive-through facility. Therefore, staff required as a condition of
approval for the minor site plan modifications that the proposed drive-through window could only be
constructed following Conditional Use approval, as obtained through separate application. Due to
the net reduction of overall building square footage at the shopping center associated with the most
recently approved redevelopment plan, the shopping center, with the proposed drive-through
facility, will generate less traffic than the previous traffic concurrency approval.
The Development Application Review Team (DART) has reviewed this request for a conditional
use and major site plan modification to allow the proposed Publix pharmacy drive-through facility
and recommends approval with no conditions. The Planning and Development Board has also
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reviewed this request and forwards it with a recommendation of approval with no conditions.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Approve the request, approve the request with conditions, or deny the request.
LTERNATIVES
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EXHIBIT “D”
CONDITIONS OF APPROVAL
Project Name: Publix Pharmacy Drive-Through at Sunshine Square
File number: COUS 11-004 / MSPM 11-004
Reference: 2ndreview plans identified as a Conditional Use/Major Site Plan Modification with
a October 4, 2011 Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE REJECT
ENGINEERING DIVISION
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None (all previous comments have been addressed). X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
X
None
ADDITIONAL CITY COMMISSION CONDITIONS
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\2011 PUBLIX PHARMACY COUS\COUS 11-004 MSPM 11-004\COA.doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Publix Pharmacy Drive-Through Facility at Sunshine Square
APPLICANT’S AGENT: Jennifer Vail, Land Design South
AGENT’S ADDRESS: 400 Columbia Drive, Suite 110, West Palm Beach, FL 33409
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2011
TYPE OF RELIEF SOUGHT: Request conditional use approval for a drive-through pharmacy and a
major site plan modification to the south side of the proposed Publix
grocery store for the drive-through pharmacy at the Sunshine Square
shopping center located at the southwest corner of East Woolbright Road
and South Federal Highway within the C-3 Community Commercial
zoning district.
th
LOCATION OF PROPERTY: 501 SE 18 Avenue, Boynton Beach, FL
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ 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 ____________________________________________________________
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DATED:__________________________ __________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\2011 PUBLIX PHARMACY COUS\COUS 11-004 MSPM 11-004\DO.doc
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9. B
PUBLIC HEARING
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
11/15/11
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve a site plan time extension for one year for the
EQUESTED CTION BY ITY OMMISSION
proposed Timeless Life Care project consisting of an assisted living facility and ancillary retail on 1.21
acres in the MU-L2 Mixed Use Low 2 zoning district. Applicant: Bradley Miller, Miller Land Planning
Consultants.
ER:
Bradley Miller with Miller Land Planning Consultants is the agent
XPLANATION OF EQUEST
and applicant representing property owner Eastside Lofts Development, LLC. They are
requesting a one (1)-year time extension for the Timeless Life Care new site plan (NWSP 10-
004), conditional use (COUS 10-001), and variance (ZNCV 10-005) development orders
approved by the City Commission on June 1, 2010. These original approvals are valid for 18
months and therefore are scheduled to expire December 1, 2011. If this request for
extensions were approved, the expiration date of these approvals, including concurrency
certification, would be extended to December 1, 2012. There have been no previous time
extension applications for this project.
The Timeless Life Care project was approved for a six (6)-story, 92,897 square foot Assisted
Living Facility providing 144 beds within 87 units, with 1,000 square feet of ancillary retail at
623 South Federal Highway. The variance request was for a reduction of two (2) parking
spaces.
The site plan and conditional use approval are valid for 18 months, in which time the developer
is required to secure a building permit for the project. The applicant’s justification for the
request indicates additional time is needed due to the difficulty in obtaining financing. Their
justification also explains that construction drawings for the project are being prepared for
anticipated building permit application submittal in mid-2012.
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Staff recommends approval of this first request for a time extension subject to one (1) condition
of approval that the original conditions of site plan approval would still apply. The Planning
and Development Board has also reviewed this request and forwards it with a recommendation
of approval subject to staff’s recommended condition of approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Direct economic impact to the City includes the following: The facility will cost
ISCAL MPACT
about $5 million to build, with approximately $3.5 million in annual operating expenses. The
project will employ 56 people in addition to a couple of jobs associated with the small ancillary
retail. The total for salaries/wages and fringe benefits is $1,500,000 (the average is about
$27,000). Additional jobs will also be created or supported by residents of the proposed
facility, who will use in-house services of physical therapists, physicians, psychiatrists and
other mental counselors, lab and X-ray technicians, and home health care workers. Although
these are not subcontracting relationships, the company will select local providers from whom
residents can choose. Total spending by 129 residents (assuming 90% occupancy rate) on
medical care as well as other goods and services is difficult to estimate, but is certainly a
significant figure. It is also staff’s opinion that an attractive, well landscaped building with well
designed public spaces will have a positive impact on the surrounding property values.
A:
Approve the request, approve the request with conditions, or deny the request.
LTERNATIVES
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EXHIBIT “D”
CONDITIONS OF APPROVAL
Project Name: Timeless Life Care
File Number: SPTE 11-009
DEPARTMENTS INCLUDREJECT
E
ENGINEERING DIVISION
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments: None
X
RECREATION AND PARKS
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The approval of the Site Plan Time Extension is subject to the 17
conditions of approval of the original site plan approval (NWSP 10-
004 / COUS 10-001) and the 2 conditions of approval of the variance X
(ZCCV 10-005).
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DEPARTMENTS INCLUDREJECT
E
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
None X
ADDITIONAL CITY COMMISSION CONDITIONS
To be determined.
MWR/kz
S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care\SPTE 11-009\COA.doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Timeless Life Care
APPLICANT’S AGENT: Bradley Miller, Miller Land Planning Consultants
AGENT’S ADDRESS: 1501 Corporate Drive, Suite 240, Boynton Beach, Florida 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2011
TYPE OF RELIEF SOUGHT: Request a one (1)-year site plan time extension for a New Site Plan (NWSP 10-
004), Conditional Use (COUS 10-001), and Variance (ZNCV 10-005) approved
on June 1, 2010, thereby extending approvals from December 1, 2011 to
December 1, 2012.
LOCATION OF PROPERTY: 623 South Federal Highway, Boynton Beach, Florida
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ 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:__________________________ __________________________________________
City Clerk
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S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care\SPTE 11-009\DO.doc
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9. C
PUBLIC HEARING
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve a Master Plan Modification to the Stonehaven
EQUESTED CTION BY ITY OMMISSION
Master Plan to reduce the rear yard setback from fifteen (15) feet to one (1) foot for Lot 112 in order to
accommodate a home addition on an existing 14 foot by 18 foot concrete slab installed at the time the
house was originally constructed. Applicant: Stonehaven HOA.
ER:
XPLANATION OF EQUEST
The HOA has received a request from homeowner Voncile Smith to construct a small addition at the rear of her
home, on an existing 14 foot by 18 foot concrete patio. Ms. Smith received approval from the HOA Board to
construct a bedroom addition on the existing concrete slab. The Master Plan for Stonehaven established rear
setbacks for buildings at 15 feet from the property line. The rear of the house is currently at the 15 foot setback
and the concrete patio extends another 14 feet, to within one (1) foot of the rear property line. The HOA Board
voted to allow the proposed construction for this lot only, preferring to handle future requests on a case-by-case
basis, and therefore submitted thisMaster Plan Modification request exclusive to this particular lot.
The rear property line of Ms. Smith’s lot (Lot 112) abuts common area/open space approximately 30’
wide and owned by the Homeowners Association. This lot and the others on this cul-de-sac do not
share a common rear property line with property owners on the adjacent cul-de-sac.Staff is in
agreement with the HOA Board which indicates the request should not adverselyaffect access to the
lake, utility easements, or the sightlines of any of her neighbors.
The P.U.D. is located on the east side of Knuth Road between Boynton Beach Boulevard and the
LWDD L-25 Canal to the south.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
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Approval of the request would allow for a 252 square foot home addition, which should lead to an
increase in the property valuation.
A:
LTERNATIVES
Approve the request, approve the request with conditions, or deny the request.
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EXHIBIT "E"
Conditions of Approval
Project name: Stonehaven HOA
File number: MPMD 11-001
Reference: Master Plan Amendment for rear setback of Lot 112
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
FORESTER/ENVIRONMENTALIST
Comments: None X
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DEPARTMENTS
INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. Rear lot setback adjustment from 15 feet to 1 foot for Lot 112 only.
Future requests will be through separate Master Plan Modification X
application.
ADDITIONAL PLANNING & DEVELOPMENT
BOARD CONDITIONS
Comments:
2. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
3. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Stonehaven\MPMD 11-001\COA.doc
467 of 527
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Stonehaven HOA (MPMD 11-001)
APPLICANT’S AGENT: Ms. Voncile Smith
AGENT’S ADDRESS: 1747 Banyan Creek Court, Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2011
TYPE OF RELIEF SOUGHT: Request Master Plan Modification to reduce rear setback from 15 feet to
1 foot for Lot 112.
LOCATION OF PROPERTY: 1747 Banyan Creek Court, Boynton Beach, FL
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ 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 “E” with
notation “Included”.
4. The Applicant’s application for relief is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 hereof.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other ____________________________________________________________
DATED:__________________________ __________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Stonehaven\MPMD 11-001\DO.doc
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9. D
PUBLIC HEARING
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve Use to allow a wholesale vehicle dealer (with no
EQUESTED CTION BY ITY OMMISSION
on-site sales) on Lot 70 of the Quantum Park Planned Industrial Development (PID) district. Applicant:
Duke PGC at Quantum 1 9, LLC.
ER:
XPLANATION OF EQUEST
Mr. Scott Backman of Siegel, Lipman, Dunay, Shepard & Miskel, LLP submitted a request for use
approval on Lot 70 of the Quantum Park PID. This request was submitted on behalf of the property
owner/landlord (Duke Realty) and their prospective tenant (Jasad, Inc.). The proposed use of a
wholesale vehicle dealer (with no on-site sales) is intended to only apply to Lot 70. According to the
applicant, the sole business operation focuses on purchasing vehicles and storing them within the
warehouse until they are transported off premises to be sold wholesale at auto auctions or other similar
facilities. Since the original Quantum Park PID Master Plan did not include the above-referenced use,
the applicant is now requesting use approval.
Based on the applicant’s stated business plan, which includes no on-site sales, it is
staff’s opinion that minimal customer traffic would occur at the site and that Duke Realty
has initiated proper safeguards within their lease to ensure the proposed tenant would
properly operate as a wholesaler and not as a new or used car dealership. There will
be no on-site sales of their vehicle inventory as well as no outdoor display of vehicles.
The decision to support this request is reinforced due to the limited scope of application
(i.e. Lot 70 only), the compliance with the operational performance standards contained
within the LDR’s, and the City’s confidence in Duke’s ability to self-police and void any
lease agreements found to be in default from the original agreement.
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The property is located at 2027 High Ridge Road, on the west side of High Ridge Road,
south of Gateway Boulevard and immediately west of Carmax.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Approval allows for the leasing of approximately 11,000 square feet of vacant
ISCAL MPACT
warehouse space.
A:
Approve the request, approve the request with conditions or deny the request.
LTERNATIVES
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EXHIBIT "D"
Conditions of Approval
Project name: Quantum Park DRI, Lot 70 (Wholesale Vehicle Dealer- with no on-site sales)
File number: USAP 12-001
Reference: Quantum Park DRI Use List Revision Request
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
FORESTER/ENVIRONMENTALIST
Comments: None X
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DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. No on-site sales shall be conducted on-site. X
2. No outside vehicle display shall be conducted on-site. X
3. No vehicle or automobile repair shall be conducted on-site. X
ADDITIONAL PLANNING & DEVELOPMENT
BOARD CONDITIONS
Comments:
None. X
ADDITIONAL CITY COMMISSION
CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 68-70\USAP 12-001 (Wholesale Motor Vehicle Dealer)\COA.doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park DRI, Lot 70 (Wholesale Vehicle Dealer with no-
onsite sales)
APPLICANT’S AGENT: Mr. Scott Backman with Siegel, Lipman, Dunay, Shepard &
Miskel, LLP
AGENT’S ADDRESS: 5355 Town Center Road, Suite 801, Boca Raton, FL 33486
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2011
TYPE OF RELIEF SOUGHT: Request use approval for wholesale vehicle dealership on Lot 70 in the
Quantum Park PID.
LOCATION OF PROPERTY: Lot 70, Quantum Park PID
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 “E” with
notation “Included”.
4. The Applicant’s application for relief is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 hereof.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other ____________________________________________________________
DATED:__________________________ __________________________________________
City Clerk
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10. A
CITY MANAGER’S REPORT
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
Review and approve property appraisal costs and
EQUESTED CTION BY ITY OMMISSION
consider timeline for disposition of certain City-owned Real Property.
ER:
This matter is being presented to the City Commission as
XPLANATION OF EQUEST
information related to the process for the sale of three distinct City-owned land parcels. The
direction to sell these parcels was given to City Staff by the City Commission during the City
Commission meeting of October 4, 2011. The Commission authorized City Staff to pursue the
sale of the three following land parcels.
1. Gateway and High Ridge parcel - 5.46 acres adjacent to Fire Station #5,
st
2. Leisureville parcel - 3.62 acres, SW 1 Avenue, south of Boynton Beach Blvd.
3. Old Fire Station #2 parcel - 0.52 acres 2240 S. Congress,.
City Process to Sell Land
The City has a defined process to sell land as outlined in Section 2-56(C) of the Municipal
Code. This process is as follows:
(c) Real property. With regard to the sale of any real estate owned by the city, regardless of the estimated
value thereof, no such sale shall be conducted or consummated until such time as subject property has been
appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of
establishing a fair market value thereon. The sale of real property for less than the fair market value shall
require the approval by a vote of four-fifths (4/5) of the city commission. After such appraisal shall have been
completed and a fair market value determined, the property may be sold:
1. To the owner of adjacent developed property if the city property is to be used by the adjacent
property owner as:
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A. Buffer; or
B. For an extension of the use to which the adjacent property owner is using the adjacent
property at the time of sale; or
2. To the highest bidder following a competitive bidding process as established by the city
administration.
Staff has initiated the appraisal process. Our land consultant under contract (HDR Engineering
Inc.) has provided a quote in the amount of $11,500 to conduct the required appraisals. HDR
has estimated that the total time to conduct these appraisals is approximately 60 days from the
day a Purchase Order is issued. Therefore, it is likely that we will have firm appraisal numbers
to establish fair market value(s) of the land within 70 days, or sometime around the middle of
January 2012, assuming the holidays do not play a major role in time estimates.
Staff believes that it is possible that the land sale processes referenced above can be
completed concurrently with preparation of the property appraisals. Under no scenario will the
City Commission be requested to sell property without the benefit of knowing the fair market
value of the land. Staff will proceed immediately with discussions with adjacent property
owners and will also begin preparation of bid documents to sell the land.
It is likely that the final disposition of land sale will be completed by February 2012.
H?
City programs or services can be affected
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
in two ways:
1. Once property is sold, the affected parcel will no longer be available for City
purposes.
2. Once proceeds from the sale of the parcels are realized or under contract, funds can
be available as a funding source for programs or services in the FY 2012/13 budget.
FI:
The appraisal process will cost $11,500, but it was not specifically budgeted in
ISCAL MPACT
FY 2011/12, but staff believes sufficient funds may be available in General Fund account 001-
1211-512-49-17 (City Hall, Other Contractual Services).
A:
Do not proceed with the appraisal and sale of these parcels of land at this
LTERNATIVES
time.
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13. A
LEGAL
November 15, 2011
COBB
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CMD:
November 15, 2011
OMMISSION EETING ATE
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NO
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BP$100,000 FAI
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 11-030 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Request to consider amendment to City Code regarding temporary banners to allow
"feather" banners. TABLED ON 11/1/11
ER:
The City Commission previously reviewed this item on July 5th,
XPLANATION OF EQUEST
and acted to support the modification of the City's sign regulations to allow "feather-style"
banners in addition to the static banner that is currently allowed by the LDR for temporary
display purposes. The Commission directed staff to return with an ordinance containing the
corresponding amendments to accommodate said temporary signs, including provisions or
standards that address maximum size and the anticipated locational and quantity issues. Staff
is also to prepare to implement administrative processes that resolve the anticipated
processing and monitoring challenges. Options for consideration, as well as the background
information and analysis on which the proposed amendments are based were provided in the
th
July 5 agenda item, and that agenda cover sheet has been included as an attachment to this
item. The recommendations from that report have been listed below as an introduction to the
proposed amendments. The recommendations reviewed and supported by the Commission on
th
July 5 read as follows:
Original Recommendations
If the Commission desires to increase the advertising mechanisms and visibility for
businesses, while minimizing the overall potential impacts on the streetscape, staff
recommends that the sign regulations be amended to consider the following:
1. Provisions for vertically-oriented, pole-mounted, (“feather”) including size and height
standards and type of banners allowed and discouraged;
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2. Establishment of a density standard to set a limit on the number of banners to be
simultaneously displayed (i.e. 1 banner per 300 linear feet of frontage);
3. Optionally, because this provision could represent a net reduction in total banners
allowed at any one time (compared to current regulations), the density limit could be
written to only apply to those banners placed adjacent to the roadway, and all other
banners would either be required to be placed a maximum distance from the roadway or
property line and subject to a separate density ratio);
4. Currently prohibited signs and provisions that allow limited sign movement;
5. A minimum of 1 banner would be allowed regardless of linear frontage;
6. The maximum display period remains at 90 days;
7. A sunsetting provision to ensure the impacts are monitored and ordinance extended
only if minimal negative effects and net benefit to the area businesses;
8. Impacts on visibility particularly at intersections and driveways, and on views to traffic or
pedestrian signage, bus stops, transportation information signage, emergency signage,
or to other signage or information that is intended to direct or inform the public;
9. Provisions to accommodate small, uniform “A”-frame signs at shopping centers and
restrictions regarding uniform size and design, location, and pedestrian scale and
purpose (to be adopted under separate ordinance);
10. Needed amendments to the application fee schedule to account for anticipated
increases in processing and monitoring time and costs.
Staff also recommended that the proposed changes be in effect for a trial or pilot period during
which time staff would evaluate the impacts and benefits from the subject amendments. Staff
recommended that the temporary period last for 12 months, and at the end of such period the
Commission would review the findings and determine whether the ordinance should sunset or
be extended.
Proposed Text Amendments
Modify Part III. Land Development Regulations, Chapter 1, Article II. Definitions and Chapter 4,
Article IV. Sign Regulations, as follows:
Terms and definitions - Insert description/definition to allow for a feather banner as a
temporary sign in addition to the static banner currently allowed, to include the various
typical shapes/styles commonly seen but limited to feather banners – “bow”, “teardrop”
and ”flag” (rectangular-shaped).
Height/Size standards - Add size standards for feather banners to include a maximum
height of 10’ 6”, overall measurement., and a maximum width of 30”. These odd
dimensions are based on the various “standard” sizes provided by a sample of
manufacturers or suppliers researched by staff, and the differences in width dimensions
between the feather or flag banners and teardrop banners. Whereas width dimensions
for bow banners can start at 2’, teardrop banners are wider starting at around 34”. Given
the varying shapes of feather banners, no maximum area standard is being proposed.
Lastly, for consistency, this maximum height standard will also apply to the static banner
that is currently allowed by the sign regulations (there is currently no applicable
maximum height standard for static banners).
Quantity standard – To prevent proliferation of banners along the streetscape, a
maximum of 1 feather or static banner per business will be allowed per display period,
and at a maximum intensity or quantity of 1 feather or static banner per 300 feet of
linear street frontage with a minimum of 1 banner per property on which an approved
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business operates. Banners placed on or within 5 feet from the building façade or
supporting components will not be subject to the intensity/quantity standard.
Location – Similar to current restrictions applicable to static banners, feather banners
shall not be placed within the site triangle of driveways or intersections, shall not be
attached to landscaping materials, and must be placed behind the shrub row of the
landscape buffer. A minimum setback of 10 feet. Not to be placed in parking spaces or
drive aisles.
Duration – Similar to current regulations for temporary banners, the maximum
cumulative display period shall be 90 days per calendar year.
Evaluation period – It is difficult to project future permit activity and the overall visual
effect of these proposed feather banners. Therefore staff recommends that the
proposed changes be in effect for a 12-month trial or pilot period during which time staff
would evaluate the impacts and benefits from the subject amendments. At the end of
such period the Commission would review the findings and determine if the ordinance
should be extended.
Purpose – To prevent such signs from being used to solely attract attention without
communicating the subject business and/or product, the proposed regulations should
prohibit such signs that are blank or that contain no wording, logo or other message
associated with a specific store approved to operate on the subject property.
Fee requirements – Staff proposes to apply the same zoning permit fee as applicable to
static banners. If the process required in conjunction with the processing of feather
banners is significantly more staff-intensive than for static banners, staff will propose an
amendment to the fee schedule as necessary to reflect the actual processing time
experienced with the first several applications. The administrative process will include
both automated and manual aspects.
A-frame signs - A-frame or “sandwich” signs are use to identify and locate businesses,
promote merchandise or services, attract customers, provide direction and information
in a pedestrian setting, and can be accomplished without any impact on the streetscape
through proper proximity to business entrances, and uniformity in design. Such signs
are frequently used by restaurants for displaying daily menu options or values and are
being proposed for accommodation by City regulations. One (1) sign shall be allowed
per business, and each shall be non-illuminated and constructed of durable materials
compatible with the project. The size of each sign shall be of a scale that is consistent
with the scale of the adjacent storefront, building, and sidewalk width, and are limited to
five (5) square feet. Staff will require uniformity within a plaza or other multi-tenant
center through involvement of the leasing agent or property owner, and the use of the
respective sign program and minor site plan modification process.
Staff proposes to forward these proposed amendments in ordinance form for first reading, to
confirm Commission direction, then circulate the item to the Planning & Development Board
prior to final reading of the ordinance.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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FI:
An increase in demand for zoning permits is anticipated but the magnitude of
ISCAL MPACT
increase is difficult to estimate.
A:
Approve code amendments as proposed, modify as desired, or not approve
LTERNATIVES
amendments to the sign code thereby preventing any additional types of temporary signs
within the City.
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ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS
ARTICLE IV “SIGN REQUIREMENTS” BY AMENDING SEC. 4 “STANDARDS”
TO ADD A NEW SUBSECTION B. 10 ENTITLED “FEATHER BANNERS”
PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS
, staff is proposing amendment to the Land Development Regulations (LDR) to
modify the sign regulations to allow temporary feather banners in commercial areas; and
WHEREAS
, it is the intent of the City Commission to modify the sign code on a trial one (1)
year basis after which time the City Commission will evaluate if the use of temporary feather banner
signs provides benefit to the business community in balance with aesthetic considerations which might
negatively impact the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
.
Section 1The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. Article IV “Sign Requirements”, Sec. 4 “Standards” to be amended to add a new
subsection B. 10 entitled “Feather Banners” as follows:
Terms and definitions-
A “feather banner” is a style of a temporary lightweight sign comprised
of a partial metal or plastic frame, pole, and/or base to which a vinyl, nylon, canvas or polyester
fabric sign face is attached. Depending on the shape and type of movement, such signs may also
be called a “flutter”, “tear drop”, “flying”, “wing”, “bow”, “blade”, or “rectangular” banner.
Height/Size standards -
A maximum height of 10’ 6” overall measurement including support
portion of sign, and a maximum width of 30”.
Materials-
The sign face shall be nylon, polyester vinyl or canvas and neither the sign face nor
the sign frame shall contain glitter, florescent, metallic, or reflective materials.
Number of banners
-
Along business or shopping center frontage, within 25 feet of the property line: 1 feather
banner per business (as evidenced by business tax receipt) per 300 feet (or less) of linear
street frontage. A minimum of one banner shall be allowed along the frontage if linear
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frontage is less than 300 feet, and banners shall not be placed along a single frontage
when the property has multiple frontages.
Banners placed on or within 5 feet from the building façade or supporting components: 1
feather banner per business (as evidenced by business tax receipt).
Only one banner (i.e. feather or fixed banner as provided for in Sec 3.B.4) shall be
permitted and displayed per business at any one time.
Location –
Feather banners shall not be placed within the site triangle of driveways or
intersections, shall not be attached to landscaping materials, and must be placed behind the shrub
row of the landscape buffer. The minimum setback shall be 10 feet from the property line, except
that the setback may be less than 10 feet if still placed, as described herein, within an existing
landscape buffer with a continuous hedge row. Banners shall not be placed in, or otherwise block
parking spaces or drive aisles. Banners may not be placed on sidewalks.
Duration –
The maximum cumulative display period shall be 90 days per calendar year. The
duration period shall run for consecutive days.
Application-
An application shall be required for each banner, shall include a scaled plan or
drawing that identifies the location of and setback for the proposed banner, and indicates the
length of the property frontage if banner is to be placed less than 25 feet from property frontage.
The application shall be signed by the business owner and the property owner.
Fee requirements –
Permit applications shall be processed following the same process used for processing
other zoning permits, with a fee based on reviewer wage and review time. The minimum fee for
each application shall be $50.
Deposit-
$100.00, refundable on or before the expiration of the 90 day permit, provided the
applicant surrenders the original permit.
Penalties:
$50 per day or portion of a day for each banner displayed without a permit or after the
expiration of a permit.
Section 3. Should any section or provision of this Ordinance or any portion thereof 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 given to codify this Ordinance.
Section 5. This Ordinance shall become effective immediately and shall automatically be
deemed repealed at the one year anniversary of second and final reading.
FIRST READING this ____ day of ____________, 2011.
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SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Marlene Ross
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ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 5, 2011
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
Request to consider amendment to City Code on
EQUESTED CTION BY ITY OMMISSION
temporary banners.
th
ER:
This item is in follow-up to the discussion held at the June 7
XPLANATION OF EQUEST
Commission meeting. Staff was directed to meet with the two owners of local businesses who
where present and addressed the Commission, to determine how other cities regulate
banners, and to propose possible amendments for Commission consideration including
provisions for a “feather”-style banner. A “feather” banner is construed to be a banner oriented
vertically and mounted on one side to a pole enabling it to move, either swivel around the pole,
or “wave” freely and rotate, depending on the design and wind strength and direction. The
industry has various labels for these types of signs or banners, which should be understood as
the magnitude and type of movement is a factor of material and design (or shape and framing).
Although some terms are interchangeable and there was not total consistency found
throughout various manufacturer or vendor websites, staff understands the different styles to
be described as follows:
“Feather” or “bow” banner appear to be general terms for a lightweight, vertically-
oriented banner with minimal framing that curves outward at the top to match the curved
shape of the fabric (similar to a bow from a bow and arrow);
Vertical flag-style banner is similar to the bow banner but rectangular in shape with a
top horizontal bracket and lose bottom to allow moderate free motion and reasonable
visibility of the printed information;
“Teardrop” is a feather or bow banner except that the banner is shaped like a teardrop
with a taut outside edge to restrict free or waving movement and maximize visibility to
the text or message on the banner. Movement is uniform facilitated by the pole base
which swivels with the wind direction; and
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Feather banner “flag” appears to be very light weight and with minimal framing to allow
maximum free movement. May or may not contain text or copy, with an emphasis on
the free waving motion rather than visibility of printed information.
Staffs presentation of this item will include a slide show of digital images of the banners and
other signs described in this report.
Current Regulations
The current regulations read as follows:
4. Banner.
a. New Development.
(1) A temporary banner, not to exceed 20 square feet, is allowed for a maximum of one (1)
year for a new multi-family residential development or non-residential use. The permit to allow
for such banner shall only be issued once a certificate of occupancy has been approved for the
project.
(2) For multi-family residential developments and projects located in mixed-use zoning
districts, an additional banner of equal size and shape may be allowed, provided that both are
placed at the main point of vehicular ingress / egress. This placement and symmetry may be
repeated at one (1) project entrance per frontage with a maximum number of two banners per
entrance and maximum height of 15 feet.
b. Existing Development.
A temporary banner, not to exceed 20 square feet, is allowed for
existing multi-family developments and non-residential uses. This banner is allowed for a
maximum of 90 days within a one (1)-year period.
c. Landscaping.
Banners, if placed within the landscape strips abutting rights of way or
perimeter landscape buffers, shall not be attached to any trees or shrubs. In these instances,
banners shall be placed behind the shrub line and their location must comply with the cross
visibility and safe sight standards of Section 4.A.3 above.
d. Miscellaneous.
All banners, regardless of location, shall be removed within 12
hours upon the posting of a tropical storm or hurricane watch. Banners may be used in the
following types of temporary signage; 1) project development signs; 2) construction sign; 3)
special temporary sales event; 4) seasonal sales event sign; and 5) Recreation and Parks Special
Event Sign. The provisions of this subsection do not apply to the aforementioned type of
temporary signs. See the appropriate subsections of code and their respective regulations for
each type of aforementioned sign.
The above-described standards and provisions are summarized as follows:
One, 20 square foot banner to be displayed up to one year at a new multi-family
development or at any new, non-residential development;
Two, 20 square foot banners to be displayed at one driveway per project frontage for up
to one year at a new mixed-use development;
One 20 square foot banner to be displayed for a cumulative maximum period of 90 days
for an existing business or development; and
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Banners may be displayed either on a building façade or mounted on posts and placed
on the subject property, except such placement shall not block views at corners and if
placed in the landscape buffers, said banners shall be placed behind the “shrub line”
and not be attached to any trees.
It should also be explained that current regulations are intended to prevent signs from moving
and creating inordinate distractions or a cluttered appearance along a roadway corridor. The
sign regulations (Ch. 4, Art. 4, Sec. 3) prohibit any signs that flutter or are animated, as well as
specifically prohibit pennants and streamers. Therefore, the sign regulations are interpreted to
require banners to be mounted so that they do not wave or move freely in the wind, and
therefore preclude the use of a feather banner.
Feedback from Two Local Businesses
As directed, staff met with the operators of two businesses that brought this issue to the
Commission, and who currently operate within the Marathon Music Center located on the west
side of N. Congress Avenue in front of the Boynton Mall. Staff informed them of the current
regulations and in particular, that banners may be displayed along Congress Avenue as well
as mounted to the building façade. Staff also listened to their respective advertising objectives,
and ideas for increasing the City’s sign provisions. Both operators have purchased a feather
banner. Whereas one operator desires to place the banner along Congress Avenue, the other
operator accepts the potential negative visual impacts of that location, and in contrast, prefers
to display the banner at the northern property line which is along the mall entrance road. This
same operator, after realizing the benefit to business activity from displaying the feather
banner, desires to be allowed to display the feather banner year-round. The operator
recognizes that too many banners simultaneously displayed would be a detriment to the
streetscape, but opines that regulations could prevent that circumstance, as well as ensure
equity between different businesses within a multi-tenant center.
Comparable Banner Regulations
Staff researched other codes to find that several comparable cities in the area allow banners to
be temporarily displayed; however, most Cities sampled limit this provision to the grand
opening of a business and not a pre-existing business, and three of the seven codes
researched allow “feather” banners. This information, in addition to the maximum display
period and mounting restrictions, are summarized in the table below:
Boca Delray Lantana Lake W. Palm WellingtonJupiter
Raton Beach WorthBeach
Only until New New New Non-profits New New
Allowed?
permanent businesses businesses, businesses, businesses businesses
sign is holiday community or or special or special
installed, or period, or special event, event. event.
for special special or end of
event. event. business sale.
1 1 3 2 4 per street 1 1
Max. No.
frontage
32 sq.ft. 50 sq.ft. 24 sq.ft. 12 sq.ft. 40 sq.ft. 12 sq.ft. 32 sq.ft.
Max.
Size:
60 days 4 weeks 14 days 15 days 37 days 7 days 14 days
Duration:
(eligible for
30-day ext.)
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No No Yes No No Yes* Yes
Feather
Banner?:
Only Limited to Affixed to Not mounted Mounted
Other
placed twice / year. light poles, to to 2 posts
Reqts.
- on bldg, - Not attached to min. 5 ft. structure or or bldg,
no utility poles or setback. landscaping. Not to
higher landscaping. Min. of 5’ plants.
than 15’. setback.
Of the cities surveyed, West Palm Beach allows the greatest display period, which totals 67
days (37 days plus a 30-day extension option), and Boca Raton allows 60 days.
Other Information and Observations
Code History – This section of the Land Development Regulations remained unchanged for
many years, and allowed a new business to display a fixed banner for a maximum period of 90
days, and allowed an existing business to display a banner for a maximum of 14 days
(essentially allowing for the promotion of one or two sales events per calendar year). In early
2009, the City Commission amended these regulations to allow existing businesses the same
90-day display period as new businesses, and the ordinance adopting these amendments was
only in effect for 1 year. As no measureable impacts upon the city were realized during this test
period, these standards were re-adopted within the LDR Rewrite in December of 2010;
Observation – The current banner provisions for new and existing businesses appears to be
under-used. Staff conducted a very simple “windshield” survey of selected corridors with a
concentration of commercial businesses to find very few businesses displaying a permitted
banner. It is not known whether this circumstance is due to the lack of familiarity with the City’s
sign provisions, or if such permitted “static” banners are not as visible and therefore not worth
the effort required to obtain the banner and necessary approvals;
Observation – In the few areas viewed by staff, more feather banners were observed being
displayed than the standard, code-compliant static banners;
Observation – Various methods of attracting attention to businesses was observed, and most
techniques are contrary to the City’s sign regulations. Two of the most visible methods include
window advertising, commercial vehicle signage, and other forms of signage including snipe
signs and small “A”-frame signs. Window signage is the most visible form of advertising, and
examples include New York Carpet and Tile and Cort Furniture stores. Window signage is
allowed by the new LDR; and even encouraged to create the traditional storefront image;
however, window signage is limited to either 20% or 3 square feet of the window area,
depending on the location of the window in proximity to the business entrance, and is not
intended to be large enough to be visible to passing motorists. As for vehicle signage, vehicles
were observed being parked intentionally within spaces located nearest to the street. The new
LDR also prohibits the parking of such vehicles with visible signage, within 25 feet from the
front property line for more than 4 hours within a 24-hour period; and
Permit activity – Development Department records indicate that 10 businesses have been
issued one or more banner permits during the past 6 months.
Alternatives
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Option #1: Status quo – The relatively low use of the City’s banner permit option may not
justify a change in current regulations, leaving the type of banner and duration of display to a
properly mounted static banner and 90 days, respectively.
Option #2: Increase display period – This could be done for either a temporary test period
similar to Ordinance 09-13 which “sunsetted” after 1 year, or without a sunsetting provision.
The display period could be increased to a period desired by the Commission, whether it be for
180 days (the doubling of the current 90-day display provision), or for a greater period. A
variation of this could be to maintain the current standard of 90 days, but as a base period that
may be extended for additional periods (i.e. 30-day increments with a corresponding fee for
each extension).
Option #3: Allow feather banners – This scenario would only include a simple code
amendment allowing the feather banner in addition to the current static banner, but without any
change in the maximum display period. Given the uncertainty of the magnitude of use and
visual impacts upon the streetscape, staff would recommend that such an amendment be
evaluated for a period of 1 year, as a checkpoint for determining impacts and benefits, and the
net value of such provisions. As an option, the adopting ordinance could contain a sunsetting
clause so that it naturally expires unless there are no negative findings and extended by
separate action by the Commission. However, by introducing signs which are now allowed
some movement, caution should be given to the exact wording, the terms and definitions, and
prohibitions to maintain the integrity and defensibility of the City’s sign regulations.
Option #4: Allow feather banners w/density limit – To address the concern regarding
possible proliferation of banners and a degraded streetscape, the City could include in the
amendments a density limit so that only a set number of banners are simultaneously allowed
on a given property (e.g. based on linear street frontage). This would require the establishment
of a rather arbitrary standard such as a maximum of 1 or 2 banners per 300 feet of street
frontage. Under this standard, and without a limit on parcels with multiple frontages, the
Marathon Music Center would be allowed either 3 or 6 banners at any one time (the northern
boundary is approximately 600 feet and the eastern boundary along Congress Avenue is 295
feet). In addition to this center, the frontage dimensions for other properties in the area, along
with anticipated banner allowances, are as follows:
4
Business/Property Frontage (ft.) 1 per 300 ft. 2 per 300 ft.
295/600 3 5
Marathon Music Ctr
215 1 1
Brus Room
294 1 1
Toys R Us
170 1 1
Olive Garden
279 1 1
U-Haul
157 1 1
KFC (west store)
1
519 1 1
Dick’s
22
1
1,700
Mall
5/1 10/1
3
4,500 15 30
Sports Auth./B&N
1
- .
Old Boynton Road frontage only
2
–
If the Mall is construed to be a single property/owner, then only one (1) may be allowed per frontage.
3
-
Includes 3 frontages. 1 frontage is appx. 1,500 ft. or 5 banners.
4
- 1 per property minimum regardless of dimension of frontage; 1 per single occupant parcels; not to exceed 1 /
300 ft. for multiple tenant properties. Shall not exceed the total business on the property.
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Of course this option operates on the principle of first-come, first-served. It would also include
a provision that allows 1 banner per single-occupant properties, regardless of linear frontage.
Other notable aspects of this option include the increase in the complexity of the City’s
monitoring process, the increased competition for banner permits during holiday or other
commonly recognized days of the year, a positive impact on permit revenues, and the
increased obligation to conduct site inspections. The owner of the Marathon Music Store
recommended that the duration for displaying banners be unrestricted, and that the issue of
equity be handled through a rotational provision in the regulations. Meaning, if the maximum
banners are permitted, the next banner permit application filed with the City is placed in a
queue in the order of it being received, which would then “bump” the displayed banner that has
been displayed the longest. The banner that is bumped can then be the subject of a new
application and be placed in the queuing sequence (and so on). This option would represent a
further intensification of the City’s administrative and enforcement processes, and possibly
result in the permanent display at the streetscape of waving banners of various colors and
shapes.
Recommendation
If the Commission desires to increase the advertising mechanisms and visibility for
businesses, while minimizing the overall potential impacts on the streetscape and to staff
recommends that the sign regulations be amended to consider the following:
11. Provisions for vertically-oriented, pole-mounted, (“feather”) including size and height
standards and type of banners allowed and discouraged;
12. Establishment of a density standard to set a limit on the number of banners to be
simultaneously displayed (i.e. 1 banner per 300 linear feet of frontage);
Optionally, because this provision could represent a net reduction in total
13.
banners allowed at any one time (compared to current regulations), the density
limit could be written to only apply to those banners placed adjacent to the
roadway, and all other banners would either be required to be placed a maximum
distance from the roadway or property line and subject to a separate density
ratio)
;
14. Currently prohibited signs and provisions that allow limited sign movement;
15. A minimum of 1 banner would be allowed regardless of linear frontage;
16. The maximum display period remains at 90 days;
17. A sunsetting provision to ensure the impacts are monitored and ordinance extended
only if minimal negative effects and net benefit to the area businesses;
18. Impacts on visibility particularly at intersections and driveways, and on views to traffic or
pedestrian signage, bus stops, transportation information signage, emergency signage,
or to other signage or information that is intended to direct or inform the public;
19. Provisions to accommodate small, uniform “A”-frame signs at shopping centers and
restrictions regarding uniform size and design, location, and pedestrian scale and
purpose;
20. Needed amendments to the application fee schedule to account for anticipated
increases in processing and monitoring time and costs.
As indicated above, staff would evaluate the impacts and benefits from the subject
amendments over the first 12 months, and advise the Commission as to whether the ordinance
should sunset or be extended.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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FI:
The magnitude of increase in temporary banner permit revenues is difficult to
ISCAL MPACT
estimate, and would vary depending on the ultimate action taken.
A:
As described in the above staff analysis.
LTERNATIVES
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13. B
LEGAL
November 15, 2011
COBB
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CMD:
NOVEMBER 15, 2011
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 11- 031 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Providing for a temporary, 2-year suspension of the application or enforcement of
provisions of Chapter 1, Article V, .Section 2: Workforce Housing Program. Applicant: City-initiated.
ER:
The Workforce Housing Program (WHP) was adopted on April 3,
XPLANATION OF EQUEST
2007. The purpose of the Program was to implement recommendations of the 2006 Boynton
Beach Housing Needs Assessment Study, which found that the need to address the workforce
housing shortage had become urgent. The WHP requires developers of projects with a
residential component to set aside a certain percentage of units for low – and moderate-
income households. Housing needs of very low-income households are not addressed.
When the WHP was adopted, the residential real estate market in Palm Beach County had
already been in a downturn for over two years, with prices steadily falling after their peak in
November 2005. Since then, the housing market slump deepened considerably, with median
sales price of all units down over 50% (the August 2011 median housing sales price in the City
was $125,000). Development activity dropped sharply, and in effect, no project has been
subject to the Program’s provisions.
For sale housing
. Even though a sharp decline of home prices in the City combined with very
low mortgage rates dramatically improved affordability for home buyers, rigid underwriting
standards currently embraced by the banking industry, including high down payments and
near-perfect credit scores (in addition to appraisal-related issues) make it very difficult for
many households to qualify for a loan. Please note that the majority of these issues cannot be
addressed by the Workforce Housing Program.
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Rental housing
. The WHP requires monthly rents for rental units not to exceed the HUD-
determined Fair Market Rents (FMR) for Palm Beach County (FMR is a concept used in a
number of government housing assistance programs). At present, the rental housing market in
the City offers reasonably priced units for low-to moderate-income households. According to
the 2011 third quarter data provided by the Reinhold P. Woolf Economic Research, Inc.,
average monthly rents for one-, two- and three-bedroom apartments are either equal or lower
than the county FMR. Moreover, the Boynton Beach area market has, at 7.6%, the highest
vacancy rate in the county. Finally, Woolf’s data indicates that lower-income affordable tax
credit developments countywide had a vacancy rate of 7.9%, considerably higher than 6.1%
vacancy rate found in market rate developments (August 2011).
Temporary suspension of the WHP
. Under the current market conditions the Program’s
requirements may inhibit development and redevelopment activities, which is of a particular
concern in the downtown and surrounding areas.
The goal of the proposed suspension of the WHP is to offer interim relief to stimulate
development and is therefore consistent with the Economic Development Implementation
Initiative 15 a.The suspension, if approved, should be reviewed at the time of its expiration for
a possible extension.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The fiscal impact of this action is potentially positive if new properties are
ISCAL MPACT
placed on the tax roll. It also depends on the residential-to commercial ratio for new
development.
A:
Deny the proposed suspension of the Workforce Housing Program.
LTERNATIVES
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ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE
V, SECTION 2, “WORKFORCE HOUSING PROGRAM”, CREATING SUB-
SECTION I, “SUSPENSION OF PROGRAM” SUSPENDING APPLICATION OR
ENFORCEMENT OF THE WORKFORCE HOUSING PROGRAM FOR A
PERIOD OF TWO YEARS; PROVIDING FOR AUTOMATIC
REIMPLEMENTATION OF APPLICATION AND ENFORCEMENT UPON THE
EXPIRATION OF THE STATED TIME PERIOD; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS
, the Workforce Housing Program was adopted by the City Commission on April 3,
2007; and
WHEREAS,
staff believes that suspension of the application and enforcement of the Workforce
Housing Program will offer interim relief to stimulate development and is therefore consistent with the
Economic Development Implementation Initiative 15a.; and
WHEREAS,
the City Commission has considered the recommendations and has determined and
finds that it is in the best interest of the citizens and residents of the City of Boynton Beach, Florida to
suspend the application and enforcement of the Workforce Housing Program for a period of two years.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2.
The Land Development Regulations of the City of Boynton Beach Code of
Ordinances, Chapter 1, Article V, Section 2, “Workforce Housing Program” is hereby amended by
adding sub-section I, “Suspension of Program” as follows:
I. Suspension of Program. Commencing December 15, 2011 and ending December 14,
2013 application of the Workforce Housing Program is suspended and parties to whom it
may apply are relieved of any compliance requirements. The Workforce Housing
Program will automatically be re-implemented upon expiration of the suspension of the
application and enforcement of the Program.
Section 3.
Each and every other provision of the Land Development Regulations not herein
specifically amended, shall remain in full force and effect as originally adopted.
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Section 4.
All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
Section 5.
Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 6.
Authority is hereby given to codify this Ordinance.
Section 7.
This Ordinance shall become effective immediately.
FIRST READING this ___ day of ___________, 2011.
SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
515 of 527
13. C
LEGAL
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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ONSENT GENDAEGAL
BP$100,000 FAI
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ETTLEMENTS
RACC:
Request for closed door session to be held at 6:00 p.m. on
EQUESTED CTION BY ITY OMMISSION
Tuesday, December 6, 2011 regarding CLEAR CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF
BOYNTON BEACH, Defendant - Case No. 502011CA014815XXXXMB(AJ).
ER:
Pursuant to Florida Statutes 286.011(8), a request is being made
XPLANATION OF EQUEST
of the City Commission to meet in private at 6:00 p.m. on Tuesday, December 6, 2011 to
discuss pending litigation as noted above.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The cost of a court reporter to transcribe the thirty minute session.
ISCAL MPACT
A:
Decline the request to meet in a closed door session to discuss litigation.
LTERNATIVES
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517 of 527
13. D
LEGAL
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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ONSENT GENDAEGAL
BP$100,000 FAI
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ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R11-129 - Approve the
EQUESTED CTION BY ITY OMMISSION
issuance of a “Notice of Intent”, in preparation for a code review of Land Development Regulations
involving land use/rezoning and related development applications as directed in the Economic
Development Implementation Initiatives adopted by City Commission at the October 18, 2011 meeting.
ER:
Motivated by the recent action of City Commission in adopting the
XPLANATION OF EQUEST
Economic Development Program and Economic Development Initiatives, approval of the
attached resolution enacting a moratorium period of 180 days, will allow staff to undertake a
study of which uses contribute little or no dollars to the tax base of the City. Included in the
analysis will be uses, locations, conversion of land to non-commercial or industrial use and a
review of zoning opportunities and appropriateness for maximizing consistency within zoning
districts.
The moratorium is in effect for 180 days and may be extended by the City Commission if
additional time is needed to complete this project and adopt corresponding regulations. This
process would commence with the approval of the resolution and would be followed by the
th
posting of public notices and a public hearing scheduled for December 6 to obtain public
input. Following the public hearing, the Commission by majority vote shall either approve or
disapprove the moratorium and planning study with is the subject matter of the NOI.
This action is initiated from Implementation Items 10, 11, 12 and 13 of the adopted Economic
Development Initiatives.
H?
This moratorium will facilitate the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
development and consideration of revised Land Development Regulations, a Comprehensive
518 of 527
Plan and Economic Development Program policy to guide the review and actions involving
land use amendments/rezonings, and other development applications.
FI:
N/A
ISCAL MPACT
A:
Not approve subject resolution and allow applications to be filed while the code
LTERNATIVES
is evaluated for necessary changes.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING ISSUANCE OF A “NOTICE OF
INTENT” TO COMMENCEA TEMPORARY MORATORIUM FOR
ONE HUNDRED EIGHTY (180) DAYS ALLOWING STAFF TO
IMPLEMENT AN ECONOMIC DEVELOPMENT PROGRAM
INCLUDING THE STUDY OF THE EFFECT OF TAX EXEMPT
NOT-FOR-PROFIT ENTITIES WHICH LOCATE IN THE C-3, C-4,
M-1, PID AND MIXED USE ZONING DISTRICTS AND TO
REVIEW AND REVISE ZONING REGULATIONS RELATED TO
TAX EXEMPT NOT-FOR-PROFIT USE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
Ordinance 00-53 authorizes temporary moratoriums to allow the City staff and City
consultants to study the need for modifications to City development regulations in response to trends
on development or redevelopment in the City; and
WHEREAS,
the United States Supreme Court in its 2002 opinion in Tahoe-Sierra Preservation
Council, Inc. v. Tahoe Regional Planning Agency recognized that the moratoria, or "interim
development controls" as they are often called, are an essential tool of successful development; and
WHEREAS,
the Commission deems it timely and in the best interest of the City and its residents to
undertake review and revision of the zoning regulations as they relate to the location, use and
operation of tax exempt not-for-profit organizations; and
WHEREAS
, the Commission has authority to initiate the review process by resolution and issuance
of a Notice of Intent; and
WHEREAS,
the Notice of Intent attached to this Resolution as Exhibit “A” represents a formal
announcement of said planning activities, and the period during which time all applications related to the
operation of tax exempt not-for-profit organizations; and
WHEREAS
, this Notice of Intent will be in effect from the date of adoption and thereafter for a
period of 180 days following the date of adoption unless otherwise extended by the City Commission by
subsequent Resolution following public hearing; and
WHEREAS
, the Commission intends that this Resolution constitute zoning in progress and the
520 of 527
commencement of a temporary moratorium as a means of temporarily suspending the conversion of
commercial or industrial lands, and the location, re-location or expansion of tax exempt not-for-profit
organizations in C-3, C-4, M-1, PID and Mixed Use zoning districts during the one hundred eighty (180)
day study period herein described; and
WHEREAS,
pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of
the Florida Statutes, the City of Boynton Beach is authorized and required to protect the public health,
safety and welfare of its citizens and has the power and authority to enact regulations for valid
governmental purposes that are not inconsistent with general or special law; and
WHEREAS,
thepublic health, safety and welfare is a legitimate public purpose recognized by
the courts of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does hereby issue the
Notice of Intent attached hereto as Exhibit “A”.
Section 2. That this Resolution shall become effective in all C-3, C-4, M-1, PID and Mixed Use
zoning districts city-wide immediately upon passage.
Section 3. The Notice of Intent shall be posted and copies provided as required by Ordinance
000-053.
Section 4. No application for a development activity, permit, or Business Tax Receipt, that is
defined within the scope of the study shall be accepted or processed by the City, following the date of
adoption of this Resolution during the study period.
Section 5. The City Commission requests that the City Administration address in its study the
following issues:
1. Whether churches, being a type of tax exempt not-for-profit organization, should be provided
special treatment or consideration under the City’s zoning regulations in light of limitations arising from
State or Federal law or regulation protecting religious freedom including but not limited to application, if
any, of the Religious Land Use and Institutionalized Persons Act.
521 of 527
2. Whether land use regulation regarding tax exempt not-for-profit organizations would impose
a substantial burden on religious exercise.
3. Studies performed by other municipalities which address the restriction of tax exempt not-
for-profit uses in commercial zoning districts.
4. The nexus between restrictions on tax exempt not-for-profit organizations and commercial
property values and in turn the effect on ad valorem tax revenue.
PASSED AND ADOPTED this ____ day of November, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
ATTEST: Commissioner – Marlene Ross
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
522 of 527
NOTICE OF INTENT TO ADOPT PENDING AMENDMENTS
TO LAND DEVELOPMENT REGULATIONS
NOI #2011-01
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this Notice of Intent is to declare, in anticipation of amendments to the
Comprehensive Plan, the Official Zoning Map and the Land Development Regulations, a study
period to implement initiatives of the City’s Economic Development Program that include:
A. The evaluation of the Official zoning Map and Use Regulations for maximized economic value
of development including the evaluation of existing zoning provisions, fiscal impact, and
locational options for tax-exempt not-for-profit entities, the evaluation of sites for potential
commercial or industrial conversions (i.e. rezonings); and the evaluation of the C-3, C-4 and M-1
Zoning Districts for increased commercial and industrial use location options.
B. Evaluate the lists of approved uses for Planned Industrial Districts (PIDs) to consider an
administrative process for amending or interpreting uses; the extent of land use compatibility;
and provisions for tax-exempt uses;
C. The development and consideration of Comprehensive Plan and Economic Development
Program policies that guide the review and actions involving land use
amendments/rezoning, and other development applications.
AFFECTED AREA
All properties currently zoned C3, C4, M1, PID, and mixed use in the City of Boynton Beach.
GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS (LDR)
A.The addition or deletion of permitted, conditional or prohibited uses within C3, C4, M1, PID or
mixed use zoning districts;
B.The addition of development standards to ensure compatibility between commercial, industrial
and institutional uses, and residential and mixed uses; and
C.Adoption of application processes or operational policies or review criteria applicable to the
review of development applications intended to maximize contribution to the City’s fiscal or
economic growth.
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AFFECT ON DEVELOPMENT IF REGULATION ADOPTED
There are no specific regulations that have been identified for amendment. The study is intended to
identify regulations that, if amended, would enhance economic development without having a
detrimental effect on tax exempt not-for-profit entities that are located in or wish to locate to the City.
EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE
SUBJECT OF THE STUDY AND MAY BE AMENDED
Land Development Regulations Chapter 2. Land Development Process, and Chapter 3. Zoning.
PROJECTED TIME FRAME FOR STUDY
One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission.
The planning study including formulation of recommendations is estimated to take 6 months. If
additional time is required to complete the study due to the scope or magnitude of the regulatory
changes, a request for extension may be requested by the Development Department. The City
Commission, following public hearing on the request for extension may extend this Notice of Intent for
an additional period of time as specified by the City Commission at the time of extension.
STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION
WOULD AFFECT
Effective on adoption of this Notice, all the following applications shall be abated within C3, C4, M1,
PID and mixed use zoning districts during the study period:
A.All new applications for the conversion (zoning) of commercial or industrial land to a non-
commercial or non-industrial zoning district;
B.All new applications for amending a master plan to reduce the approved square footage allocated
to office, commercial or industrial uses or use options;
C.All new conditional use applications for tax exempt not-for-profit entities; and
D.All new applications for building permits involving a tax exempt not-for-profit entities that
represents a change in building occupancy.
This Notice of Intent shall only apply to said complete applications accepted by the City after the Notice
of Intent is executed.
ADDITIONAL NOTICE
1. The Notice of Intent shall be posted in the Development Department and in
the notice case located at the main entrance to City Hall.
2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce.
3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who
may be potentially affected by the pending study and regulatory changes. This notice shall be
provided to those individuals by mail, facsimile, electronic mail or in person. Comments
including written objections to the Notice of Intent, shall be accepted by the Development
Department Director from recipients of this notice.
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Neither failure by the City Clerk to provide notice as set forth in this section nor the lack of awareness of
any potentially affected applicant shall not invalidate the applicability of this notice.
_____________________________________________________________________________
Dated:
Adopted by Resolution number R11- of the City Commission of the City of Boynton Beach,
Florida the _____ day of________, 2011
By: _______________________
Office of the City Clerk
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14. A
FUTURE AGENDA ITEMS
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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ONSENT GENDAEGAL
BP$100,000 FAI
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ETTLEMENTS
RACC:
Review three (3) alternate proposals for leasing,
EQUESTED CTION BY ITY OMMISSION
construction and maintenance of a billboard on property owned by the City - 12/06/11
ER:
Pursuant to the Settlement Agreement dated October 5, 2001,
XPLANATION OF EQUEST
Wilton Manors Street Systems, Inc. will be presenting three (3) alternate proposals to the City
in regards to the leasing, construction and maintenance of a billboard they want to erect on the
th
City owned property known as Rolling Green located at 515 NW 15 Ave., Boynton Beach, FL.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
526 of 527
14. B
FUTURE AGENDA ITEMS
November 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Revisions to restrictions for vehicle size in residential
EQUESTED CTION BY ITY OMMISSION
districts - TBD
ER:
Development staff will provide draft ordinance revisions for
XPLANATION OF EQUEST
consideration by the City Commission regarding restrictions for vehicle size in residential
districts.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
527 of 527