Loading...
Agenda 01-17-12 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JANUARY 17, 2012 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 Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR 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). 2 of 246 1. OPENINGS A. Call to order - Mayor Jose Rodriguez Closed-door session to be held at 6:00 p.m., January 17, 2012 regarding CLEAR CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502011CA014815XXXXMB(AJ) B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ross 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. Announcement of the Opening of the Congress Avenue Barrier Free Park on Saturday, January 21, 2012 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. Appoint Vice-Chair for the Financial Advisory Committee 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. 3 of 246 A. Approve the minutes from the Joint City Commission/Community Redevelopment Agency Board Workshop held on November 19, 2011 and the regular City Commission meeting held on January 3, 2012 PROPOSED RESOLUTION NO. R12-012 B. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with JMT Assets LLC for the property at 1095 Ridge Rd, Lantana, FL. C. Accept the written report to the Commission for purchases over $10,000 for the month of December 2011. D. Accept the first quarterly update regarding the Volen Center Shopper Hopper program. 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R12-013 A. - (a) Approve the selection of NEC Corporation of America responding to RFP #064-1510-11/JMA for THE REPAIR AND MAINTENANCE OF THE TELEPHONE AND VOICEMAIL SYSTEMS and (b) Authorize the Interim City Manager to sign a three year Maintenance Agreement in the amount of $36,465.60 per year for a total expenditure of $109,396.80 plus charges for services outside of the Maintenance Agreement for potential moves, additions, or changes to the telecommunications infrastructure. 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 Loc al Planning Agency and City Commission. None 10. CITY MANAGER’S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Discussion - City Commission delegation/travel to Sister City - Les Cayes, Haiti 4 of 246 13. LEGAL PROPOSED RESOLUTION NO. R12-014 A. - Approve (1) authorizing the issuance of Series 2012 revenue bonds not to exceed the amount of $9,000,000 on behalf of the Charter Schools of Boynton Beach, Inc. (the School) for the purpose of providing funds to pay or reimburse the cost of the facilities to be acquired and equipped by the School and to pay certain costs of issuance of the 2012 bonds; (2) authorizing the execution, delivery and/or use of a trust indenture, loan agreement, bond purchase agreement, and other documents and the performance of obligations thereunder; (3) authorizing the negotiated sale of the 2012 bonds to Piper Jaffray & Co., and delegating the Mayor and City Manager to fix the final terms and conditions of the 2012 bonds and documents subject to certain parameters; (4) appointing Regions Bank as the trustee, paying agent and registrar; requiring indemnification; and (5) authorizing further acts on behalf of the City in connection with the 2012 bonds 14. FUTURE AGENDA ITEMS A. Brand Promise Committee Report - 2/7/12 B. Arts Commission Annual Report- 2/7/12 C. Charter Review Committee Report - 2/7/12 D. Economic Development Program Update- 2/7/12 E. Climate Action Plan Quarterly Report for 3rd & 4th Qtr 2011 - 2/7/12 F. Update on City-owned property for sale- 3/6/12 G. Update on Unique Management Contract with the City of Boynton Beach Library - 3/6/12 H. Update on In-house Medical Clinic- 3/20/12 I. Revisions to restrictions for vehicle size in residential districts - TBD 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. 5 of 246 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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: Announcement of the Opening of the Congress Avenue EQUESTED CTION BY ITY OMMISSION Barrier Free Park on Saturday, January 21, 2012 ER: The Recreation & Parks Department is proud to host the opening XPLANATION OF EQUEST ceremony for the Barrier Free Park, located at 3111 South Congress Avenue, on Saturday, January 21, from 11:00 a.m. to 12:30 p.m. The park was designed so that as many barriers as possible have been minimized or removed so that children of all ages and abilities will be able to enjoy this beautiful and very unique facility. Following the ribbon cutting, fun activities and games are being organized for those in attendance. Also included will be a wheelchair tennis exhibition at the adjacent Tennis Center featuring some of the top players in the nation. To help visualize the special nature of this facility, a short video will be shown that will feature one of the play equipment units that children can enjoy when visiting the park. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Do not make the announcement. LTERNATIVES 6 of 246 5. A ADMINISTRATIVE January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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: 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 7 of 246 8 of 246 9 of 246 10 of 246 11 of 246 12 of 246 13 of 246 14 of 246 15 of 246 16 of 246 5. B ADMINISTRATIVE January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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: Appoint Vice-Chair for the Financial Advisory Committee EQUESTED CTION BY ITY OMMISSION As per Ordinance No. 10-009, Section 2-243(e)(ii), “the City ER: XPLANATION OF EQUEST Commission shall vote to appoint a Chair, who shall preside over the meetings of the Financial Advisory Committee, and also vote to appoint a Vice-Chair who shall serve in the absence of the Chair.” With the resignation of Michael Madelena, the Vice-Chair position became vacant. Therefore, the appointment of a Vice-Chair would be appropriate at this time. H? In the absence of the Chair, the Vice OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Chair leads the Committee in carrying out their responsibilities. FI: None ISCAL MPACT A: The alternative would be to not make the appointment, leaving the Committee LTERNATIVES to vote for an Acting Chair in the absence of the Chair. 17 of 246 18 of 246 19 of 246 20 of 246 21 of 246 22 of 246 23 of 246 24 of 246 25 of 246 26 of 246 27 of 246 28 of 246 29 of 246 30 of 246 31 of 246 32 of 246 33 of 246 34 of 246 35 of 246 36 of 246 37 of 246 38 of 246 39 of 246 40 of 246 41 of 246 42 of 246 43 of 246 44 of 246 45 of 246 46 of 246 47 of 246 48 of 246 49 of 246 50 of 246 51 of 246 52 of 246 53 of 246 54 of 246 55 of 246 56 of 246 57 of 246 58 of 246 59 of 246 60 of 246 61 of 246 62 of 246 63 of 246 64 of 246 6. A CONSENT AGENDA January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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 Joint City EQUESTED CTION BY ITY OMMISSION Commission/Community Redevelopment Agency Board Workshop held on November 19, 2011 and the regular City Commission meeting held on January 3, 2012 The City Commission met at a Joint Workshop with the Community Redevelopment Agency Board on November 19, 2011 and a regular City Commission meeting on January 3, 2012 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 65 of 246 66 of 246 67 of 246 68 of 246 69 of 246 70 of 246 71 of 246 72 of 246 73 of 246 74 of 246 75 of 246 76 of 246 77 of 246 78 of 246 79 of 246 80 of 246 81 of 246 82 of 246 83 of 246 84 of 246 85 of 246 86 of 246 87 of 246 88 of 246 89 of 246 90 of 246 91 of 246 92 of 246 93 of 246 6. B CONSENT AGENDA January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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. R12-012 - Approve and EQUESTED CTION BY ITY OMMISSION authorize signing of an Agreement for Water Service outside the City Limits with JMT Assets LLC for the property at 1095 Ridge Rd, Lantana, FL. ER: Water service areas have been designated between the County XPLANATION OF EQUEST and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area north of Miner Rd between N Seacrest Blvd and Federal Highway. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is Able to provide water to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge above the ISCAL MPACT water rates charged to customers within the City. 94 of 246 A: Deny request to provide service. If service is denied the Consumptive Use LTERNATIVES Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 95 of 246 RESOLUTION NO. R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND JMT ASSETS, LLC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, located at 1095 Ridge Road, Lantana, Florida (PCN: 00-43-45-09-08-000-0370); and WHEREAS , the parcel covered by this agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area north of Miner Road between North Searcrest Boulevard and Federal Highway, which property receives water from a well and the owner now requests that we provide potable water in the future; and WHEREAS , No additional construction will be required by the City to serve this property. 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 hereby authorizes and directs the Interim City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida andJMT Assets, LLC, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of January, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez _______________________________ 96 of 246 Vice Mayor – William Orlove _______________________________ Commissioner – Woodrow L. Hay ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 97 of 246 98 of 246 99 of 246 100 of 246 101 of 246 102 of 246 103 of 246 104 of 246 105 of 246 106 of 246 107 of 246 108 of 246 109 of 246 6. C CONSENT AGENDA January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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: Accept the written report to the Commission for purchases EQUESTED CTION BY ITY OMMISSION over $10,000 for the month of December 2011. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to XPLANATION OF EQUEST competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for July 2011: Purchase Order Vendor Amount 120517 CH2M Hill $ 14,062.00 120518 Municipal Emergency Svc $ 15,186.96 H? Ordinance No.01-66, Chapter 2, Section OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FI: This Ordinance provides the impact of reducing paperwork by streamlining ISCAL MPACT processes within the organization. This allows administration to maintain internal controls for 110 of 246 these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 111 of 246 112 of 246 113 of 246 114 of 246 115 of 246 116 of 246 117 of 246 118 of 246 119 of 246 120 of 246 121 of 246 122 of 246 123 of 246 124 of 246 6. D CONSENT AGENDA January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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: Accept the first quarterly update regarding the Volen EQUESTED CTION BY ITY OMMISSION Center Shopper Hopper program. ER: At the November 15, 2011 meeting, the City Commission XPLANATION OF EQUEST requested a quarterly report regarding ridership of the Volen Center Shopper Hopper program. Attached is the ridership report from the Volen Center Shopper Hopper, as well as a ridership report from the Boynton Beach Shopper Hopper for October, November and December of 2010, for comparison purposes. Since the transfer of the Shopper Hopper Program to the Volen Center, ridership numbers have been steadily increasing; although still lower than ridership totals from 2010. Volen Center Shopper Hopper Ridership Totals (10/01/11-12/31/11) October 578 November 663 December 729 Boynton Beach Shopper Hopper Ridership Totals (10/01/10-12/31/10) October 1,409 November 1,477 December 1,518 H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Do not accept the report. LTERNATIVES 125 of 246 126 of 246 127 of 246 128 of 246 Boynton Shopper Hopper Data Passengers Passengers Senior Ctr. Senior Ctr. TOTAL (AM) (PM) (AM) (PM) October 2010 459 354 298 298 1,409 November 2010 500 354 311 312 1,477 December 2010 507 360 334 317 1,518 TOTAL 4,404 Passengers (AM) and (PM) refers to those riding the Shopper Hopper to locations other than the Senior Center. 129 of 246 7. A BIDS AND PURCHASES OVER $100,000 January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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. R12-013 - (a) Approve EQUESTED CTION BY ITY OMMISSION the selection of NEC Corporation of America responding to RFP #064-1510-11/JMA for THE REPAIR AND MAINTENANCE OF THE TELEPHONE AND VOICEMAIL SYSTEMS and (b) Authorize the Interim City Manager to sign a three year Maintenance Agreement in the amount of $36,465.60 per year for a total expenditure of $109,396.80 plus charges for services outside of the Maintenance Agreement for potential moves, additions, or changes to the telecommunications infrastructure. ER: XPLANATION OF EQUEST The City of Boynton Beach is seeking the services of a qualified vendor to provide full service maintenance and repair for the City’s telephone and voicemail system. This equipment includes: NEC SV8500 PBX; NEC 2400 IPX PBX; NEC 2000 IPS PBX; Univerge UM 8500 Voicemail; Repartee LX Voicemail; and ACD Global Navigator. Procurement received and opened four (4) Proposals on September 8, 2011. All proposers attended a mandatory Pre-Proposal Conference and Site Inspection on August 25, 2011 at 9:00 a.m. Staff reviewed the proposals and it was determined that NEC Corporation of America was the most responsive to the RFP. NEC Corporation of America received the highest score based on the criteria of certification, qualifications, references and pricing. Attached are the Criteria Sheet and the Score Sheet Tabulation. 130 of 246 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Without this maintenance, the City has relied on a combination of in-house staff as well as non-contracted external vendors (on a time and materials basis) to troubleshoot and repair our phone systems. Not being on a maintenance plan has caused delays in acquiring service, as contracted customers often get priority service over our non-contracted service requests. Ultimately, major telephone and voicemail system component failures could cause periods of phone service outage while waiting for repairs to be performed by less qualified in-house staff members or for non-contracted service companies to respond to our requests. FI: ISCAL MPACT This expenditure is funded in the FY 2011-12 I.T.S. Telephone Maintenance/Supplies Account (#001-1510-513-46-23) in the amount of $42,000 for FY 2011-12. This Agreement will need to be funded in the next two consecutive budget cycles. The Agreement provides for the City's option to extend the term of the Agrrment for three (3) one-year periods A: LTERNATIVES The alternative would be to forego the service maintenance and repair Agreement for the City’s telephone and voicemail system and continue to pay for time and materials to repair the City’s telephone and voicemail system, on an as needed basis. This could lead to extended periods of downtime, preventing both internal and external customers from utilizing the phone system. 131 of 246 RESOLUTION NO. R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFP #064-1510- 11/JMA FOR THE REPAIR AND MAINTENANCE OF THE TELEPHONE AND VOICEMAIL SYSTEMS WITH NEC CORPORATION OF AMERICA; AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A THREE (3) YEAR MAINTENANCE AGREEMENT IN THE ANNUAL AMOUNT OF $36,465.60; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 8, 2011, Procurement Services received and opened four (4) proposals to the RFP #064-1510-11/JMA for “The Repair and Maintenance of the Telephone and Voicemail Systems”; and WHEREAS, staff reviewed the proposals and it was determined that NEC Corporation of America was the most responsive to the RFP; and WHEREAS , upon recommendation of staff, the City Commission of the City of Boynton Beach does hereby approve the award of RFP #064-1510-11/JMA to NEC Corporation of America for the Repair and Maintenance of the Telephone and Voicemail Systems. 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, hereby approves the award of RFP #064-1510-11/JMA to NEC Corporation of America for the Repair and Maintenance of the Telephone and Voicemail Systems in the annual amount of $36,465.60. Section 3. That the Interim City Manager is hereby authorized and directed to execute a three (3) year Maintenance Agreement between the City of Boynton Beach and NEC Corporation of America, a copy of which is attached hereto. Section 4. That this Resolution shall become effective immediately. 132 of 246 PASSED AND ADOPTED this ______ day of January, 2012. CITY OF BOYNTON BEACH ___________________________ 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) 133 of 246 134 of 246 135 of 246 136 of 246 137 of 246 138 of 246 139 of 246 140 of 246 141 of 246 142 of 246 143 of 246 144 of 246 145 of 246 146 of 246 147 of 246 148 of 246 149 of 246 150 of 246 151 of 246 152 of 246 153 of 246 154 of 246 155 of 246 156 of 246 157 of 246 158 of 246 159 of 246 160 of 246 161 of 246 162 of 246 163 of 246 164 of 246 165 of 246 166 of 246 167 of 246 168 of 246 169 of 246 170 of 246 171 of 246 172 of 246 173 of 246 174 of 246 175 of 246 176 of 246 177 of 246 178 of 246 179 of 246 180 of 246 181 of 246 182 of 246 183 of 246 184 of 246 185 of 246 186 of 246 187 of 246 188 of 246 189 of 246 190 of 246 191 of 246 192 of 246 193 of 246 194 of 246 195 of 246 196 of 246 197 of 246 198 of 246 199 of 246 200 of 246 201 of 246 202 of 246 203 of 246 “DRAFT” SUBJECT TO REVISIONS PRIOR TO SIGNING VENDOR AGREEMENT FOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the _____________________________ City”, and , hereinafter referred to as “the Vendor”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Maintenance and PROJECT DESIGNATION. The Vendor is retained by the City to perform Repair services in connection with the PBX Telephone System and Voicemail System. 2. SCOPE OF SERVICES. Vendor 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 Vendor to proceed. Vendor 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. This Agreement may be renewed at the same terms, conditions, and prices, for three one-year periods subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. 5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services rendered under this agreement as follows: a. The total contract price, as referred to herein, shall be the total amount of payment to Vendor for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Vendor may submit invoices to the City once per month during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. d. Final payment of any balance due the Vendor 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 Vendor’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 Vendor 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 Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor’s endeavors. 204 of 246 7. COMPLIANCE WITH LAWS. Vendor 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. Vendor 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 Vendor’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor 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 Vendor and the City agree that the Vendor 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 Vendor nor any employee of Vendor 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 Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Vendor, 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 Vendor, 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 Vendor, 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 Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 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 205 of 246 (10) days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor 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 Vendor 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 Vendor shall be sent to the following address: 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Vendor 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 Vendor. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Vendor Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: 206 of 246 _________________________________ __________________________________ Office of the City Attorney Secretary 207 of 246 RFP FOR THE REPA IR A ND MA INTENANCE OF THE TELEPHONE AND VOICEMA IL SYSTEM RFP NO. 064-1510-11/JMA WEIGHTING SCORE SHEET TA BULA TION NA OF EVALUA TOR: AV ERAGE McNally, Northrop, R Rowe, T.SCORE NA OF RESPONDER 1 ACS84.006500 80.0076.33 2 BlackBox Network Service 84.0060.00 57.0067.00 3 NEC Corporation of America92.009500 94.0093.67 4 Optus, Inc. 76.0060.00 78.0071.33 208 of 246 209 of 246 210 of 246 211 of 246 212 of 246 12. A NEW BUSINESS January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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: Discussion - City Commission delegation/travel to Sister EQUESTED CTION BY ITY OMMISSION City - Les Cayes, Haiti ER: On October 18, 2011 the City Commission approved entering into XPLANATION OF EQUEST a Sister Cities Agreement with Les Cayes, Haiti (agenda item and minutes excerpt and agreement attached). Also attached is an email from Ms. Jeanne Heavilin regarding an invitation from Les Cayes to bring a Boynton Beach delegation to Haiti in February, 2012. H? Ms. Heavilin states in an email dated OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 1/11/12 that “the purpose of the trip is to see our new Sister City and engage in discussions with officials and representatives of Les Cayes about the programs and exchanges that will be of mutual benefit to both cities”. FI: For Fiscal Year 2011/2012 - $5,000 was budgeted in the City Commission ISCAL MPACT budget for business meetings/travel. To date approximately $2,600 has been committed to other travel, leaving a balance of $2,400 in the account. A: TBD by City Commission discussion. LTERNATIVES 213 of 246 214 of 246 215 of 246 216 of 246 217 of 246 218 of 246 219 of 246 220 of 246 13. A LEGAL January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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. R12-014 - Approve (1) EQUESTED CTION BY ITY OMMISSION authorizing the issuance of Series 2012 revenue bonds not to exceed the amount of $9,000,000 on behalf of the Charter Schools of Boynton Beach, Inc. (the School) for the purpose of providing funds to pay or reimburse the cost of the facilities to be acquired and equipped by the School and to pay certain costs of issuance of the 2012 bonds; (2) authorizing the execution, delivery and/or use of a trust indenture, loan agreement, bond purchase agreement, and other documents and the performance of obligations thereunder; (3) authorizing the negotiated sale of the 2012 bonds to Piper Jaffray & Co., and delegating the Mayor and City Manager to fix the final terms and conditions of the 2012 bonds and documents subject to certain parameters; (4) appointing Regions Bank as the trustee, paying agent and registrar; requiring indemnification; and (5) authorizing further acts on behalf of the City in connection with the 2012 bonds ER: The Charter Schools of Boynton Beach, Inc. (CSBB) is asking the XPLANATION OF EQUEST City to facilitate the issuance of bonds. Assuming that the City Commission moves forward, CSBB will have various documents prepared for review by our City Attorney and by our Bond Counsel. At this time, the City Commission is conducting this Public Hearing regarding the transaction and adopting a Resolution authorizing the bonds. Assuming such a Resolution is adopted the bonds will be issued in 2012. Issuance of the bonds and purchasing the building has no negative financial impact to the City since  The building is currently tax exempt with CSBB as the lessee.  There is no potential City liability even if CSBB were to default. 221 of 246 The CSBB provides K-10 education for over 700 children in Boynton Beach and surrounding communities. It is organized as a 501(c) (3) non-profit corporation and is tax-exempt under IRS regulations. Purpose and Plan for the TransactionAs part of a plan to secure its long-term financial goals, CSBB desires to purchase only the building it occupies at 1425 Gateway Blvd. The transaction will involve the issuance of revenue bonds not to exceed $9,000,000. Of this amount, approximately $6,400,000 is attributable to the purchase of the property and the related real estate transfer expenses. Approximately $300,000 will be used to refinance existing debt. The remaining amounts will be used to pay for building renovations, equipment acquisition, bond issuance costs, and a Debt Service Reserve Fund to partially secure the bonds. Rationale for Transaction:At current interest rates, CSBB’s annual estimated payments under the proposed financing will be approximately $540,000 per year. This number also includes the retirement of other debt and the capital acquisitions. These lower payments will reduce CSBB’s total costs by approximately $1.6 million over the remaining 8 years of the current lease term alone. By purchasing the property now, CSBB will not only reduce its present facilities cost, it will also fix those costs at a level that will not escalate. These savings are significant. As these freed up funds become available for academic programs, CSBB’s students will benefit. Issuing and Repaying the Bonds:In order to finance the acquisition, CSBB engaged Piper Jaffray & Co., a municipal bond underwriting firm to purchase and sell the bonds. Under the Internal Revenue Code and under Florida law, it is possible for the City of Boynton Beach (but not the Palm Beach County School District) to assist CSBB in achieving a significantly lower interest rate on this borrowing than would otherwise be available from commercial lending sources. This lower rate of financing will allow CSBB to own its current facility for significantly less than it is now paying to lease it. The long-term savings from such a transaction will permit CSBB to apply more of its resources towards providing superior education to its students. Piper Jaffray will serve as the underwriter, selling the bonds to investors. As proposed, the City would be the nominal issuer of the bonds and the monies the City would receive from the sale of the bonds not to exceed $9,000,000 would then be loaned by the City to CSBB who would use the major portion of the bond proceeds to purchase the facility at 1425 Gateway Blvd. The City would assign its rights to be repaid by CSBB to a Trustee Bank (in this case, Regions Bank) as security and source of repayment of the bonds. CSBB would then make the loan repayment directly to the Trustee Bank until the loan is paid in full. The Trustee will also hold a mortgage on the property as additional security for the bonds. The City of Boynton Beach will not be held liable to repay the bonds even in the unlikely event of default by CSBB. Economic Impact of CSBB: CSBB presently employs 85 people. These employees live, work, purchase and pay taxes in Boynton Beach. CSBB educates over 500 of Palm Beach County School District’s students with an allocation of approximately $7,500 per student per year. In comparison, public schools receive a per pupil allocation significantly greater than this amount from the District. Current Leased Facilities:CSBB currently occupies all of the 27,964 square foot building at 1425 Gateway Blvd for grades K-4 and a portion of 1325 Gateway Blvd. for grades 5-10. 222 of 246 CSBB will be expanding high school grade levels 11 and 12 into this leased facility. 1325 Gateway is not a part of the proposed purchase. In summary, the current tax status and tenants of each address are:  1425 Gateway Blvd – (100% tax exempt)  1325 Gateway Blvd – ( 57% tax exempt) H? Not applicable. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CSBB will pay the City $10,000 plus the City’s Bond Counsel fees of $5,000 ISCAL MPACT for our role in this transaction once closed. No Potential Liability to the City:This requested transaction is at no cost or risk to the City. Under Florida law, municipalities that participate in bond issues such as this are in no way financially liable. The sole and complete responsibility for repayment of the bonds is upon the beneficiary of the bond, in this case CSBB. Under no circumstance would CSBB, investors, or other parties have recourse against the assets of the City even if CSBB should default in its payment obligations to the Trustee. Neither would the City's borrowing ability be impaired in any way by the existence of the bonds. 1425 Gateway - No Property Tax / Fire Assessment Impact:Purchase of the property at 1425 Gateway Blvd by CSBB will have no impact on the taxable value of the property as it is currently 100% exempt from City property taxes and fire assessments. In a Public Hearing held on April 1, 2008, the City Commission unanimously passed a motion to amend the approved uses for this building CSBB occupies in Quantum Park to include “Charter Schools”. See the attached Staff Report dated February 29, 2008 and page 11 of the City Commission minutes of April 1, 2008. 1425 Gateway Blvd is 100% occupied by CSBB and the property first received a property tax exemption in 2009 per the attached report from the County Property Appraisers Office (PCN 08-43-45-17-07-000-0210) when CSBB was leasing the property. Purchasing the building will not change the taxable status of the building. Taxes and assessments have been levied as follows:  2008 - $55,763 ad valorem taxes and non ad valorem assessments  2009 - $15,540 non ad valorem assessments  2010 - $ 0 non ad valorem assessments  2011 - $14,225 non ad valorem assessments However, the non ad valorem assessments exclude the City’s Fire Assessment. Per the City’s Fire Assessment resolution, schools (as institutions) are exempt from the Fire Assessment as follows: (N) Institutional Property whose use is exempt from the valorem taxation under Florida law provided facilities and uses to the ownership, occupants, membership as well as the public in general that otherwise might be requested or required to be 223 of 246 provided by the City and such property uses serve a legitimate public purpose and provide a public benefit. Therefore, it is fair and reasonable not to impose Fire Rescue Assessments upon such parcels of Institutional Property whose use is exempt from ad valorem taxation under Florida law. Accordingly, pursuant to Section 2.14 of the Ordinance, no Fire Rescue Assessment shall be imposed upon a parcel of Institutional Property whose use is wholly exempt from the ad valorem . taxation under Florida law Fire Rescue 3-Year Response to Schools and CSBB:For the last three (3) years there were zero (0) fire calls, six (6) rescue / EMS calls, and two (2) false alarm calls to CSBB. 1325 Gateway - Not Involved in the Transaction:The property at 1325 Gateway Blvd (not being purchased by the CSBB) is occupied by CSBB and partially exempt from City taxes and the Fire Assessment. The property received a property tax exemption in 2009 per the attached report from the County Property Appraisers Office (PCN 08-43-45-17-07-000-0180) when the property was originally leased to Toussaint L’Ouverture High School. Taxes and assessments are as follows:  2008 - $157,828 ad valorem taxes and non ad valorem assessments  2009 - $ 80,781 ad valorem taxes and non ad valorem assessments  2010 - $ 80,421 ad valorem taxes and non ad valorem assessments  2011 - $ 79,572 ad valorem taxes and non ad valorem assessments Of the $79,572 taxable amount in 2011, $14,800 represents Boynton Beach property taxes and $2,966 represents the Boynton Beach Fire Rescue Assessment. A: Not to have staff move forward with the requested transaction. CSBB will LTERNATIVES then be required to use alternative means to issue bonds to purchase the building. 224 of 246 RESOLUTION NO. R12-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA MAKING CERTAIN FINDINGS; AUTHORIZING THE ISSUANCE OF THE CITY OF BOYNTON BEACH, FLORIDA REVENUE BONDS (CHARTER SCHOOLS OF BOYNTON BEACH) SERIES 2012, IN ONE OR MORE SERIES AT ONE OR MORE TIMES IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $9,000,000.00 TO PAY OR REIMBURSE THE COST OF THE FACILITIES TO BE ACQUIRED AND EQUIPPED BY CHARTER SCHOOLS OF BOYNTON BEACH, INC., AND TO PAY CERTAIN COSTS OF ISSUANCE OF THE 2012 BONDS; AUTHORIZING THE EXECUTION, DELIVERY AND/OR USE OF A TRUST INDENTURE, LOAN AGREEMENT, BOND PURCHASE AGREEMENT, AND OTHER DOCUMENTS AND THE PERFORMANCE OF OBLIGATIONS THEREUNDER; AUTHORIZING THE NEGOTIATED SALE OF THE 2012 BONDS TO PIPER JAFFRAY & CO. AND DELEGATING THE MAYOR AND CITY MANAGER TO FIX THE FINAL TERMS AND CONDITIONS OF THE 2012 BONDS AND DOCUMENTS SUBJECT TO CERTAIN PARAMETERS; APPOINTING REGIONS BANK AS THE TRUSTEE, PAYING AGENT AND REGISTRAR; REQUIRING INDEMNIFICATION; AUTHORIZING FURTHER ACTS ON BEHALF OF THE CITY IN CONNECTION WITH THE 2012 BONDS; PROVIDING FOR SEVERABILITY; DECLARING FLORIDA LAW AS THE GOVERNING LAW IN CONNECTION WITHTHE ISSUANCE OF THE 2012 BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Commission (the "Commission") of the City of Boynton Beach, Florida (the "City"): 1. F.: The Commission finds, determines and declares that INDINGS (a) The City is a municipal corporation duly organized and existing under the laws of the State of Florida and the City is authorized pursuant to the Charter of the City (the “City Charter”) and Part II of Chapter 159, Florida Statutes, as amended and supplemented, or any successor statute and other applicable provisions of law, (the "Act"), to issue its revenue bonds, payable solely from revenues derived by the City from financing agreements with respect to such projects, for the purpose of providing funds to pay all or any part of the costs of “projects” as defined in the Act; (b) Charter Schools of Boynton Beach, Inc., a Florida not-for-profit corporation (the “Company”), intends to acquire and equip charter school facilities (the "Facilities") located within the City of Boynton Beach, Florida, the land on which such Facilities are located at 1425 Gateway Boulevard, Boynton st Beach, Florida 33426 and 1325 Gateway Boulevard, 1 Floor, Boynton Beach, Florida 33426 (the "Site") and improvements thereto (collectively, the "Project"); (c) The Company has requested the City to issue its City of Boynton Beach, Florida Revenue Bonds (Charter Schools of Boynton Beach) Series 2012 (the “Bonds”) in one or more series at one or more times in an aggregate principal amount not to exceed $9,000,000.00, issued pursuant to a Trust Indenture (the “Indenture”) between the City and Regions Bank. (the “Trustee”), and the proceeds of the Bonds shall be loaned to the Company pursuant to a Loan Agreement (the “Loan Agreement”) between the City and the Company to (a) pay, or reimburse to the Company, Project costs; and (b) pay certain expenses incurred in connection with the issuance of the Bonds; (d) Due to the character of the Bonds, timing, size and complexity of the transactions related to the Bonds, the present volatility of the municipal bond market and the uncertainty inherent in a competitive bidding process, it is in the City's best interest to sell the Bonds by delegated, negotiated sale rather than by competitive bid at public sale. 225 of 246 2. TEFRAH. EARING (a) At this Board meeting and as discussion in the consideration of this Resolution, the City held and conducted a public hearing (the “TEFRA Hearing”). Notice of such hearing was published on January 2, 2012 in the Palm Beach Post, for the purpose of giving all interested persons an opportunity to express their views, either orally or in writing, concerning the Project and proposed issuance of the Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) and, after hearing and reviewing the results of such hearing, the City wishes to approve and authorize the issuance of the Bonds. (b) The Project and the issuance of the Bonds in an aggregate principal amount not to exceed $9,000,000.00 is hereby approved by the City for purposes of Section 147(f) of the Code. 3. AATEFRAHB;D. UTHORIZATION AND PPROVAL OF EARING AND ONDS ESIGNATION (a) The TEFRA Hearing and the results thereof with respect to the Project and the issuance of the Bonds are hereby approved by the City for purposes of Section 147(f) of the Code. (b) The City is hereby authorized to issue, execute and deliver to the Bond Trustee the Bonds in an aggregate principal amount not to exceed $9,000,000.00, the proceeds of which shall be loaned to the Company to (a) pay or reimburse the cost of the Project to be acquired and equipped by the Company; and (b) pay certain expenses incurred in connection with the issuance of the Bonds; and (c) The Bonds shall be designated "CBB,FRB(C ITY OF OYNTON EACH LORIDA EVENUE ONDS HARTER SBB),S2012." CHOOLS OF OYNTON EACH ERIES (d) For the purposes of any limitation contained herein on the aggregate principal amount of Bonds, the principal amount thereof shall be the initial principal amount on the date of issuance thereof. The Bonds shall be serial bonds or term bonds dated on such date or dates, shall bear interest payable on each date therefor, at such fixed or variable rates (not exceeding the maximum rate permitted by law), shall be numbered and shall mature, subject to prior redemption (both optional and sinking fund redemptions), on such maturity dates (not to exceed fifty (50) years from their date of issue), and shall contain all other details, terms, forms and provisions as are set forth in the Indenture. (e) The Mayor, any Member of the Commission, the City Manager or the City Clerk (as applicable, the "Authorized Representative") is authorized to execute and attest, on behalf of the City, the Bonds in the forms and containing the terms described herein and to cause the Bonds to be authenticated as set forth in the Indenture (hereinafter defined) and sold or issued as set forth in this Resolution, with such Authorized Representative’s execution of the Bonds conclusive evidence of such person’s approval of the forms and terms of the Bonds. (f) The Bonds and the premium, if any, and the interest thereon shall (a) not be deemed to constitute a debt, liability or obligation of any authority or county or of the State of Florida or of any political subdivision thereof, including, without limitation, the City, and (b) be payable solely from the revenues and receipts received by the City pursuant to the Loan Agreement, as specifically set forth in the Indenture. Neither the faith and credit nor any taxing power of any authority or any county or of the State of Florida, or of any political subdivision thereof, including, without limitation, the City or Palm Beach County, Florida, is pledged to the payment of the principal of, or premium, if any, or interest on the Bonds. 4. I,LAOD. NDENTURE OAN GREEMENT AND THER OCUMENTS In connection with the issuance of the Bonds and the financing of the Project by the City from the proceeds of the Bonds, the Commission hereby authorizes and approves the execution and delivery and/or use, as the case may be, of the following instruments as shall be approved by an Authorized Representative, with the execution or the acceptance thereof by an Authorized Representative being conclusive evidence of the City's approval of the final form of such documents with such insertions, filling in of blanks, changes or deletions (collectively, the “Bond Documents”): (a) The Indenture between the City and the Trustee (the “Indenture”). (b) The Loan Agreement between the City and the Company (the “Loan Agreement”). (c) The Bond Purchase Agreement (the “Bond Purchase Agreement”) among the Company, the City and Piper Jaffray & Co., as underwriter (collectively, the “Underwriter”), in relation to the Bonds. 226 of 246 (d) Such other instruments, certificates, opinions and other matters as the Authorized Representative deems necessary or desirable in connection with these transactions. In addition, the City is authorized and directed to comply with, and satisfy each of the conditions to the issuance of the Bonds, including, without limitation, those conditions contained in the Indenture and the Loan Agreement. The proceeds of the Bonds shall be applied as set forth in the Indenture. 5. NSB;A. EGOTIATED ALE OF THE ONDS WARD The negotiated sale of the Bonds to the Underwriter is hereby authorized pursuant to Section 218.385, Florida Statute. An Authorized Representative is hereby authorized to award the Bonds to the Underwriter, as set forth above, pursuant to the Bond Purchase Agreement, subject to the following conditions: (a) The Underwriter’s discount on the Bonds shall not be more than (i) $20.00 per $1,000 of the principal amount of the Bonds issued, excluding Underwriter's counsel fees and Underwriter's counsel expenses which shall be finally determined by the Company. The Bonds may be sold with an original issue discount or at premiums as the Company and Underwriter may determine. (b) The final maturity date on any of the Bonds shall not be later than December 1, 2042. (c) The true interest cost on the Bonds shall not exceed 8.5% per annum. (d) All or a portion of the Bonds may be subject to mandatory redemption and or mandatory and/or optional purchase prior to maturity. (e) All of the Bonds must be subject to optional redemption by June 1, 2022 at prices no greater than 101.5% of par, plus accrued interest. (f) The City shall have received a disclosure statement from the Underwriter, setting forth the information required by Section 218.385, Florida Statute, as amended, and the Underwriter shall have complied with Section 287.133, Florida Statute. (g) The sale and issuance of the Bonds shall take place on or before December 31, 2012. (h) Such other conditions as shall be deemed necessary by the Authorized Representative in consultation with Tripp Scott, P.A. ("Bond Counsel"). 6. BT. OND RUSTEE Regions Bank is hereby confirmed as the Trustee, Paying Agent and Registrar under the Indenture. 7. I. NDEMNIFICATION The City requires, and it shall be included in the Bond Documents, that the Company shall indemnify and save the City and its respective members, officials, Authorized Representative, employees, agents and attorneys thereof harmless against and from all claims, including any attorneys fees and costs incurred in defense of such claims, by or on behalf of any person, firm, corporation or other legal entity arising from the conduct or management of, or from any work or thing done on, any portion of the Project or resulting from any breach of any representation, warranty, agreement or covenant of the Company contained in any Bond Document or from the issuance or sale of any Bonds and from any pecuniary liability by reason of the terms of any Bond Document or the undertakings required of the City thereunder, by reason of the issuance of any Bonds or Obligations, by reason of the execution of the Indenture or any Bond Document or by reason of the performance of any act requested of the City by the Company, including attorneys fees and costs incurred in defense thereof and including all claims, liabilities or losses, arising in connection with the violation of any statutes or regulation pertaining to the foregoing. 8. O. THER (a) Further Acts. The Authorized Representative, employees, agents and persons otherwise acting on behalf of the City are hereby authorized to do all acts and things required of them by this Resolution for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds and this Resolution. The Authorized Representative is hereby authorized and directed to execute and deliver the Bonds and the Bond Documents to which the City is a party, and to do and perform such other acts on behalf of City, as may be necessary or desirable and appropriate to carry out the provisions and complete the transactions contemplated by this Resolution and the Bond Documents. 227 of 246 (b) Severability. In case any one or more of the provisions of this Resolution, of any Bond Document or of any Bond shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution, such Bond Document or such Bond, as the case may be, and they shall be construed and enforced as if such illegal or invalid provision had not been contained therein. (c) Florida Law. The Bonds will be issued, this Resolution is adopted, and the Bond Documents shall be negotiated and drafted with the intent that the laws of the State of Florida shall govern their construction, except as otherwise expressly noted therein. (d) Definitions. Capitalized terms used but not defined herein have the meanings assigned to such terms in the Indenture or the Master Trust Indenture, unless the context in which such terms are used require a different meaning. (e) Effective Date. This Resolution shall take effect immediately upon its adoption. This Resolution may be signed in one or more counterparts, each of which shall be originals of this Resolution, but all such counterparts shall form but one and the same Resolution. [SIGNATURE PAGE TO FOLLOW] 228 of 246 PASSED AND ADOPTED this 17th day of January, 2012. CITYOFBOYNTONBEACH,FLORIDA ______________________________ M–JR AYOR OSE ODRIGUEZ _______________________________ VM–WO ICE AYOR ILLIAM RLOVE _______________________________ C–MR OMMISSIONER ARLENE OSS ________________________________ C–WL.H OMMISSIONER OODROW AY _______________________________ C–SH OMMISSIONER TEVEN OLZMAN ATTEST: _____________________________ JM.P,CMC ANET RAINITO CC ITY LERK ATTEST: (CS) ORPORATE EAL I hereby certify that I have approved the form and correctness of this Resolution. CA ITY TTORNEY 229 of 246 230 of 246 231 of 246 232 of 246 233 of 246 234 of 246 235 of 246 236 of 246 237 of 246 14. A FUTURE AGENDA ITEMS January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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: Brand Promise Committee Report - 2/7/12 EQUESTED CTION BY ITY OMMISSION ER: The Brand Promise Committee is charged with XPLANATION OF EQUEST the fulfillment of the next two steps of the City’s Branding Initiative, the Brand Assessment* and development of the Brand Promise*. The Committee members will jointly develop the Promise with recommended Action Steps. A final draft of the Promise will be presented to the Boynton Beach City Commissioners for their review/comments/approval at their February 7, 2012 meeting. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 238 of 246 14. B FUTURE AGENDA ITEMS January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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: Arts Commission Annual Report- 2/7/12 EQUESTED CTION BY ITY OMMISSION ER: Art in Public Places program update will include a brief video that XPLANATION OF EQUEST will review all of the artwork that has been commissioned in the City from Oct. 2010 - Feb 2012. The back up will provide the listing of the projects, activities and the funds that have been budgeted. It will demonstrate how much cultural, economic and branding impact this program has contributed on an extremely limited budget. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 239 of 246 14. C FUTURE AGENDA ITEMS January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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: Charter Review Committee Report - 2/7/12 EQUESTED CTION BY ITY OMMISSION ER: The City Commission appointed Charter Review Committee will be XPLANATION OF EQUEST bringing before Commission their research findings and recommendations in a final report. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 240 of 246 14. D FUTURE AGENDA ITEMS January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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: Economic Development Program Update- 2/7/12 EQUESTED CTION BY ITY OMMISSION ER: Update on progress of Economic Development Program XPLANATION OF EQUEST implementation. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 241 of 246 14. E FUTURE AGENDA ITEMS January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 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 rdth RACC: Climate Action Plan Quarterly Report for 3 & 4 Qtr 2011 EQUESTED CTION BY ITY OMMISSION - 2/7/12 ER: Update on the Boynton Beach Climate Action Plan implementation XPLANATION OF EQUEST rdth strategies for the 3 and 4 quarters for 2011. Also, at Commission request, including staff recommendations for comment to the Southeast Florida Regional Climate Change Compact Counties Draft Regional Climate Change Action Plan. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 242 of 246 14. F FUTURE AGENDA ITEMS January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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: Update on City-owned property for sale- 3/6/12 EQUESTED CTION BY ITY OMMISSION ER: Staff anticipates the land appraisals by mid-February. The XPLANATION OF EQUEST advertisement for bids will be due in late February. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 243 of 246 14. G FUTURE AGENDA ITEMS January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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: Update on Unique Management Contract with the City of EQUESTED CTION BY ITY OMMISSION Boynton Beach Library - 3/6/12 ER: Library staff was asked by Commission to bring back a quarterly XPLANATION OF EQUEST update on the progress of recovering library materials and/or payment for lost or missing materials through the contract with Unique Management. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 244 of 246 14. H FUTURE AGENDA ITEMS January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 17, 2012 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: Update on In-house Medical Clinic- 3/20/12 EQUESTED CTION BY ITY OMMISSION ER: Review research and feasibility of bringing into the city an In-house XPLANATION OF EQUEST Medical Clinic. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 245 of 246 14. I FUTURE AGENDA ITEMS January 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 2, 2012 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 246 of 246