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Agenda 02-03-15The City of Boynton Beach City Commission Agenda Tuesday, February 3, 2015, 6:30 PM City Hall in Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Boynton Beach City Commission Mayor Jerry Taylor (At Large) Vice Mayor Joe Casello (District IV) Commissioner David T. Merker (District 1) Commissioner Mack McCray (District 11) Commissioner Michael M. Fitzpatrick (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. 1"!`�wFVi't � Y www.boynton - beach.org Page 1 of 458 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). Page 2 of 458 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Invocation by Rev. Georgia Hillesland of Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by Mayor Taylor 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 a plaque by the Mayor to Boynton Beach High School student /athlete Lamar Jackson. Lamar, a senior, is the first football player from Boynton Beach to win the Lou Groza High School Player of the Year Award, capping off an outstanding career. The Lou Groza Award is Palm Beach County's top honor for high school football players, and has been presented annually since 1992. B. The first City Commission meeting in March will be held on Monday, March 2, 2015 to accommodate the City Commissioners who will be attending Palm Beach County Days in Tallahassee. C. Beginning February 17, the Denson Pool will be closed so that it can be resurfaced. The pool will remain closed for a maximum of 45 days. D. Update by Commissioner Fitzpatrick on the Lake Ida property 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. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments and Appeals: 1 Reg and 2 Alts Cemetery Board: 1 Reg and 1 Alt. Education and Youth Advisory Board: , 1 Alt, 2 Stus, 1 N/V Stu Employees Pension Trustees: 1 Reg Financial Advisory Commission: 3 Regs and 2 Alts Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 2 Alts Library Board: 1 Reg and 1 Alt Recreation and Parks Board: 1 Reg and 1 Alt Senior Advisory Board: 2 Alts Veterans Advisory Commission: 1 Alt 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 Page 3 of 458 material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R15 -007 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Kenneth B. Beneby for the property at 1086 Oleander Road, Lantana, FL B. PROPOSED RESOLUTION NO. R15 -008 - Authorize the City Manager to sign a lease agreement with Dell Financial for the purchase of a Dell Sonicwall Supermassive 9200 HA Firewall pair from vTECH io, a Dell authorized dealer, utilizing pricing from the State of Florida Miscellaneous IT Equipment Contract #250 - WSCA -10 -ACS. The lease is for five years with monthly payments of $1,482.53 or $17,790.36 annually with a $1.00 buy -out. C. PROPOSED RESOLUTION NO. R15 -009 - Authorize the City Manager to sign the application documents associated with the Assistance to Firefighters Grant (AFG) General Program (Part A) FY 2014 grant application on behalf of the City of Boynton Beach. D. PROPOSED RESOLUTION NO. R15 -010 -Authorize the Mayor to sign a Memorandum of Agreement with the Florida Department of Transportation authorizing construction and maintenance of a new southern entry sign in Federal Highway median just north of Gulfstream Boulevard. E. PROPOSED RESOLUTION NO. R15 -011 - Authorize the Mayor and City Clerk to enter into an extension of a lease agreement with Stage Left Theatre, Inc. for the use of the City -owned Madsen Center building located at 145 S.E. 2nd Avenue. F. PROPOSED RESOLUTION NO. R15 -012 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Lakeside Christian Center Assembly of God, Inc., (Pastor Johan H Van Heerden) for the property at 9613 Knuth Road, Boynton Beach, FL. G. PROPOSED RESOLUTION NO. R15 -013 - Authorize the execution of an agreement between the City and CRA that conveys property at 480 Ocean Avenue to the CRA which is currently the location for the relocated Ruth Jones Cottage aka "Little House ". H. PROPOSED RESOLUTION NO. R15 -014 - Authorize the City Manager to execute an interlocal agreement between Palm Beach County and the City of Boynton Beach for the reimbursement of three (3) Power pro Ambulance cots and accessories as per the Palm Beach County Emergency Management (PBCEM) recently awarded Emergency Medical Services FY 2014 -2015 EMS Grant. The reimbursement under this agreement shall not exceed $37,333. I. PROPOSED RESOLUTION NO. R15 -015 - Approve Amendment #1 to consulting agreement with ADAAG Consulting Services, LLC of Miami, FL., for Consulting Services for an ADA Self- Evaluation and Transition Plan of Programs, Services and Activities, and Policies and Procedures in the amount not to exceed $8,900. J. Approve the "High Ridge Landing" record plat, conditioned on the approval being the certification of the plat documents by Andrew P. Mack (Building Official /City Engineer). K. Approve the minutes from the Regular City Commission meetings held on January 20, 2015 L. Accept the Fiscal Year 2014 -2015 Budget Status Report of the General Fund and the Utilities Fund for the three (3) month period ending December 31, 2014. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R15 -016 -Approve the award to Forerunner Technologies, Inc. of Huntsville AL for RFP No. 068 - 1510- 14 /JMA, "Voice over Internet Protocol Telephone System ", and authorize the City Manager to sign a five year lease agreement with NEC Financial Services, LLC., in the amount of $5,892.32 per month (for a total of $353,539.20), with a One Dollar ($1.00) lease buyout for the telephone equipment. For the three years following lease end, the City will receive maintenance and support for the VoIP phone system from Forerunner for $16,897 per year. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Page 4 of 458 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 14 -031 - FIRST READING - PUBLIC HEARING - Approve abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north. The subject right -of -way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). Applicant: Dodi Buckmaster Glas of Gentile Glas Halloway O'Mahoney & Associates, Inc., agent for the property owner, K. Hovnanian T & C Homes at Florida, LLC (Tabled to 213115) B. PROPOSED ORDINANCE NO. 14 -032 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar Future Land Use Map amendment (LUAR 14 -001) from Low Density Residential (LDR) to Special High Density Residential (SHDR). Applicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney and Associates, Inc. (Tabled to 213115) C. Approve a New Master Plan /Site Plan (NWSP 14 -004) to allow construction of 80 fee - simple townhome units (Casa del Mar on the Intracoastal IPUD) at a density of 16.65 dwelling units per acre, a waterfront amenity area, and related site improvements on 4.8 acres located on the east side of Federal Highway, north of Dimick Road and south of the Peninsula IPUD. Agent: Dodi Buckmaster Glas with Gentile Glas Holloway O'Mahoney & Associates, Inc (2GHO) on behalf of Applicant /Owner K. Hovnanian T & C Homes at Florida LLC. (Tabled to 213115) D. PROPOSED ORDINANCE NO. 14 -033 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (LUAR 14 -001) from R -1 -AA (Single - Family Residential District to an IPUD (Infill Planned Unit Development) with a Master Plan for a townhouse development. (Tabled to 213115) E. PROPOSED ORDINANCE NO. 14 -034 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (REZN 14 -005) from an IPUD (Infill Planned Unit Development) with a Master Plan for a marina use to an IPUD with a Master Plan for a townhouse development. (Tabled to 213115) F. PROPOSED ORDINANCE NO. 15- 002 - FIRST READING - Approve amendments to the Land Development Regulations, including amendments to the Definitions, Zoning Use Matrix, and corresponding Use Matrix Notes to establish a new use titled Medical Care or Testing (In- Patient) to allow medical uses that provide 24 -hour services or treatment. 10. CITY MANAGER'S REPORT- None 11. UNFINISHED BUSINESS -None 12. NEW BUSINESS - None 13. LEGAL A. PROPOSED ORDINANCE 15 -001 - SECOND READING - PUBLIC HEARING - Approve Ordinance amending Section 10- 51.5(1)(4) of the City of Boynton Beach's Code of Ordinances entitled Registration of Abandoned Real Property to amend the registration fee. B. PROPOSED RESOLUTION NO. R15 -017 - Authorize the City Manager to sign an Agreement with Community Champions Corporation (CCC), f /k/a Federal Property Registration Corporation of Fort Lauderdale, FL for a one -year period for administration of the City's vacant property registration ordinance as a result of Quote Number Q020- 2111- 15 /JMA. There is the option to renew for an additional three (3), one (1) year periods. C. Consider options for future administration and maintenance of the Quantum Park Overlay Dependent District including the following: 1. Continue current operations whereby future administrative actions and vision of the District are overseen by the existing Board of Supervisors and their elected successors. 2. Remove and reappoint the Board of Supervisors thus injecting new leadership and vision. 3. Dissolve the Quantum Park Overlay Dependent District and assume all debt and common ground maintenance. D. Pursuant to Section 286.011(8), Florida Statutes, request is made for a private attorney - client session of the City Commission to discuss pending litigation in the following case: Vincenzo Gurrera, Plaintiff vs. Palm Beach County Sheriff's Office; Florida Department of Financial Services, Division of Insurance Fraud; State of Florida Division of Corporations; City of Boynton Beach, et al., Page 5 of 458 Defendants — United States District Court, Southern District of Florida Case No. 14- cv- 80815- Cohn /Seltzer 14. FUTURE AGENDA ITEMS A. Consideration of Purchase Agreement with Palm Beach County for Lake Ida land - 2/17/15 B. Consideration and discussion of Financial Advisory Committee's proposed work topics - 2/17/15 1i f~1m_101L61110LlILil=1► III III 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. Page 6 of 458 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 2/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM •T•]► ail► hI&1111 Eel ►I►hl=1 =k Il► Eel .7_rIf►aKlf►�lZV REQUESTED ACTION BY COMMISSION: Presentation of a plaque by the Mayor to Boynton Beach High School student /athlete Lamar Jackson. Lamar, a senior, is the first football player from Boynton Beach to win the Lou Groza High School Player of the Year Award, capping off an outstanding career. The Lou Groza Award is Palm Beach County's top honor for high school football players, and has been presented annually since 1992. EXPLANATION OF REQUEST: The City wishes to recognize and pay tribute to Lamar's outstanding accomplishments. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: Non - budgeted n/a ALTERNATIVES: Do not present the plaque X110 0 _ ll 1 *4 102:2 _ 1► F STRATEGIC PLAN APPLICATION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Reviewer Action Date Majors, Wally Approved 1/5/2015 - 4:11 PM Lejeune, Carisse Approved 1/6/2015 - 9:07 Al Howard, Tim Approved 1/6/2015 - 9:25 Al LaVerriere, Lori Approved 1/29/2015 - 1:00 PM Page 7 of 458 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 2/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM •T•]► ail► hI&1111 Eel ►I►hl=1 =k Il► Eel .7_rIf►aKlf►�lZV REQUESTED ACTION BY COMMISSION: The first City Commission meeting in March will be held on Monday, March 2, 2015 to accommodate the City Commissioners who will be attending Palm Beach County Days in Tallahassee. EXPLANATION OF REQUEST: Three of the five City Commissioners will be traveling to Tallahassee for Palm Beach County Days which will be held March 3 -5. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Since a quorum of the Commission will not be available, the meeting must be rescheduled or cancelled. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Pyle, Judith Approved 1/21/2015 - 4:41 PM Page 8 of 458 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 2/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM •T•]► ail► hI&1111 Eel ►I►hl=1 =k Il► Eel .7_rIf►aKlf►�lZV REQUESTED ACTION BY COMMISSION: Update by Commissioner Fitzpatrick on the Lake Ida property EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Pyle, ,Judith Approved 1/29/2015 - 9:20 Al Page 9 of 458 5.A. ADMINISTRATIVE 2/3/2015 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments and Appeals: 1 Reg and 2 Alts Cemetery Board: 1 Reg and 1 Alt. Education and Youth Advisory Board: , 1 Alt, 2 Stus, 1 N/V Stu Employees Pension Trustees: 1 Reg Financial Advisory Commission: 3 Regs and 2 Alts Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 2 Alts Library Board: 1 Reg and 1 Alt Recreation and Parks Board: 1 Reg and 1 Alt Senior Advisory Board: 2 Alts Veterans Advisory Commission: 1 Alt EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non - budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. X110:7_ 'l 1X41:02»_1►F STRATEGIC PLAN APPLICATION: it 9 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: /_VA ir_Te3:ILhl=1►k &11 Page 10 of 458 Type Description Other Appointments and Applicants Other Handin Application Other Wilkinson K Application Other Wilkinson L Application Other Saintelus Application D Other Fromknecht Application REVIEWERS: Department Reviewer City Clerk Pyle, ,Judith Action Approved Date 112112015 -4:41 PM Page 11 of 458 ' ' ELI Arts Commission IV Casello Aft Mayor Taylor Alt Applicants None 1 yr term to 12/15 Tabled (3) 1 yr term to 12115 Tabled (2) Building Board of Adjustment & Appeals Mayor Taylor Rey 3 yr term to 12115 Tabled (3) I Merker Alt 1 yr term to 12115 Tabled (2) II McCray Alt 1 yr term to 12115 Tabled (2) Applicants Jason Handin • • III Fitzpatrick Reg 3 yr term to 12117 Tabled (2) IV Casello Alt 1 yr term to 12115 Applicants None IV Casello Alt 1 yr term to 12115 Tabled (2) Mayor Taylor Stu 1 yr term to 12115 Tabled (2) 1 Merker Stu 1 yr term to 12115 Tabled (2) II McCray Stu /NonVoting 1 yr term to 12115 Tabled (2) Applicants Loretta Wilkinson - Current Alternate Kathleen Wilkinson - Current Student member Jasmine Saintelus Page 12 of 458 Employees' Pension Plan Board of Trustees I Merker Reg 3 yr term to 12/17 Tabled (2) Applicants None Financial Advisory Committee I Merker Reg II McCray Reg IV Casello Reg Mayor Taylor Alt III Fitzpatrick Alt .- 3 yr term to 6/17 Tabled (2) 3 yr term to 6117 Tabled (2) 3 yr term to 6/17 1 yr term to 6/15 Tabled (3) 1 yr term to 6/15 Tabled (2) Golf Course Advisory Committee IV Casello Alt 5 yr term to 6/16 Tabled (3) Applicants None Historic Resources Preservation Board 11 McCray Alt 2 yr term to 4/16 Tabled (3) III Fitzpatrick Alt 2 yr term to 4116 Tabled (3) Applicants a Library Board 11 McCray Reg III Fitzpatrick Alt Applicants None 3 yr term to 12/17 Tabled (2) 1 yr term to 12/15 Page 13 of 458 Recreation & Parks Board I Merker Reg 3 yr term to 12115 Mayor Taylor Alt 1 yr term to 12115 Tabled (2) Applicants Jeffrey Fromknecht Senior Advisory Board Mayor Taylor Alt I Merker Alt Applicants None Veterans Advisory Commission 111 Fitzpatrick Alt Applicants None 1 yr term to 12115 Tabled (2) 1 yr term to 12115 Tabled (2) 1 yr term to 12115 Tabled (2) Page 14 of 458 Pyle, Judith ......... % From: jhandin <noreply@123contactform.com> Sent: Monday, December 22, 2014 2:00 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 12/22/2014 Name Jason Handin Gender Mate Phone number 954-614-6709 Address 1331 S. Federal Highway Apt. 320 Boynton Beach FL 33435 United States Email jhandin@gmail.com Current occupation or, if retired, prior Attorney occupation Education University of Florida, B.S. and J.D. (cum laude) Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Building Board of Adjustment & Appeals Page 15 of 458 Do you wish to serve on more than one No board? Personal I regularly practice law in the areas of construction law and contracting, construction Qualifications defect litigation, and general liability matters. I am fully aware and familiar with the requirements pertaining to construction industry standards and applicable Florida building codes. Professional Memberships Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 96.46.247.164 (United States) at 2014 -12 -22 14:00:21 on Firefox 34.0 Entry ID: 73 Referrer: www.boynton-beach.org/officials/planning and development board.php Page 16 of 458 Stanzione, Tamm From: lsigner <noreply @123contactform.com> Sent: Thursday, January 15, 2015 3:29 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 01/15/2015 Name Kathleen Wilkinson Gender Female Phone number 561- 376 -6208 Address 2458 SW Cranbrook Drive Boynton Beach FL 33436 United States Email l s ee �t;E _ llsout1 n t Current occupation or, if Student retired, prior occupation Education currently in 8th grade Are you a registered voter? No Do you reside within the Yes Boynton Beach City limits? Do you own /manage a No business within City limits? If "yes ", name of business: Are you currently serving Yes on a City board? Have you served on a City Yes board in the past? If "yes ", which board(s) EYAB and when? Have you ever been No convicted of a crime? If "yes ", when and where? Advisory Board Education and Youth Advisory Board Do you wish to serve on No more than one board? Personal Qualifications Professional Memberships 1 Page 17 of 458 Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 165.161.9.25 (United States) at 2015 -01 -15 15:29:04 on Chrome 39.0.2171.95 Entry ID: 78 Referrer: ww .123contactforni.c:of7i / 583214/ Advisory - Board -Apl)ointirieit- Applicati Page 18 of 458 Stanzione, Tamm From: lsigner <noreply @123contactform.com> Sent: Thursday, January 15, 2015 3:18 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 01 /15/2015 Name Loretta Wilkinson Gender Female Phone number 561- 376 -6208 Address 2458 SW Cranbrook Drive Boynton Beach City limits? Boynton Beach FL 33436 Do you own/manage a United States Email 1 !gggr &l bellsouth.net Current occupation or, if Teacher retired, prior occupation Education MA Are you a registered voter? Yes Do you reside within the yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes ", name of business: Are you currently serving yes on a City board? Have you served on a City yes board in the past? If "yes ", which board(s) EYAB and when? Have you ever been No convicted of a crime? If "yes ", when and where? Advisory Board Education and Youth Advisory Board Do you wish to serve on No more than one board? Personal Qualifications Teacher, 12 yrs or more on EYAB Professional Memberships i Page 19 of 458 Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 165.161.9.25 (United States) at 2015 -01 -15 15:17:51 on Chrome 39.0.2171.95 Entry ID: 77 Referrer: www.b oyrrton- beach.pq Lotfscials[edgc tioi gil youth ad v_iso boarr .pht Page 20 of 458 Pyle, Judith From: jasmine.saintelus {noreply@123contactform.com> Sent: Wednesday, January 07, 2015 4:41 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: JMS.ACC.CV.2.docx Today's date 01/07/2015 Name Jasmine Saintelus Gender Female Phone number 561-305-9849 Address 1800 N. Congress Ave. Apt. 113 Boynton Beach Florida 33426 United States Email jasmine.saintelus@gmail.com Current occupation or, if retired, prior Legal Assistant/Bookkeeper occupation Education Bachelor's Degree Are you a Yes registered voter? Do you reside within the Boynton Yes Beach City limits? Do you own/manage a business within No City limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been convicted of a No crime? If "yes", when and where? Page 21 of 458 Advisory Board please select �-- 6a ciq - f /0 AJ � �� ff �� y�%��/4 � �� u � L�� Personal As far as my qualifications for the subject position, I believe that both of my personal Qualifications and professional experiences (noted on the attached CV) have given me the tools and confidence needed to become a productive member of the community and achieve my goals. As a youngster, I benefited from community based programs e.g. Summer Free which exposed me to the arts and the natural landscape in my community. Furthermore, I believe in helping others, particularly those who resides in my community, and paying it forward. For the reasons previously mentioned, I believe that I would make an excellent candidate. Professional Memberships Feel free to attach/upload an www.123contactforrn.com/upload dld.php?fileid=5dd2d693clb3OOa39fe8dfb64cclblcd extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 50.192.181.137 (United States) at 2015-01-07 16:40:30 on Chrome 39.0.2171.95 Entry ID: 74 Referrer: www.boynton-beach.org/officials/ and youth advisory board.php Page 22 of 458 Jasmine M. Saintdlus 1800 N. Congress Ave. — Apt. 113 Boynton Beach, Fla. 33426 Mobile telephone: (561) 305.9849 Email: lasmine.Saintelus( mail.com OBJECTIVE A diligent, highly motivated, and organized team player that aspires to secure an accounting position where I can supplement the knowledge obtained at University. My goal is to become a working Accountant through hard work and dedication. EXPERIENCE Bookkeeper March 2012- Present The Law Office of John J. Wilke, P.A. — Boca Raton, Fla. • Maintain office services by organizing office operations and procedures; Develop a detailed billing filing systems; Review, maintain, and approve supply requisitions; Conduct invoice activities and pay vendors for delivered supplies; and pay firm's operating bills on a monthly basis ■ Prepare payroll including the process of employee benefits; Prepare and disburse employee reimbursements ■ Accurately prepare and issue the firm's monthly invoices to clients ■ Ensure that the firm's receivables are promptly collected by rigorously following up on the firm's outstanding invoices listed on the account receivables report ■ Receive, verify, and allocate payments made by clients ■ Perform bank deposits • Issue paychecks to contractors when necessary ■ Research and resolve any and all billing disputes ■ Successfully file appeals to respective clients for reconsideration of invoice reductions ■ Provide historical reference by defining procedures for retention, protection, retrieval, transfer, and disposal of all of the firm's files • Maintains office efficiency by planning and implementing office systems, layouts, and equipment procurement • Participate in meetings along with all associated service trainings instituted by the firm's vendors relative to electronic billing • Prepared explanatory billing memorandums for employees' review during billing meetings ■ Issue W'2s to employees and 1099's to contractors Page 23 of 458 ■ Confirm the firm is in compliance with any and all statutory regulatory requirements mandated by the City of Boca Raton, Palm Beach County, and the State of Florida. ■ Proficient in MS Office, QuickBooks, and Tabs3 Legal Assistant/Bookkeeper October 2010- Present The Law Office of John J. Wilke, P.A. — Boca Raton, Fla. Paralegal October 2008- February 20 The Law Offices of Adams Adams & Baca, P.A. — West Palm Beach, Fla. Paralegal July 2006 to October 2008 The Law of Rudd & Diamond, P.A. — West Palm Beach, Fla. Legal Secretary August 2005 to July 2006 The Law Office of Denise Isaacs — Boca Raton, Fla. EDUCATION Candidate for Master of Accountancy expected to complete May of 2015 St. Thomas University — Miami Gardens, Fla. 3.29 *Please note that all required undergraduate accounting prerequisite has been completed Bachelor of Arts December of 2008 University of Massachusetts — Boston, Mass. XONCIDMIDIN Former Historian and current member of The Future Business Leaders of America-Phi Beta Lambda (hereinafter *'PBL") at St. Thomas University. Served as volunteer for a PBL sponsored event, Global Entrepreneurship Week 2013. 1 was considered for the 2014 FICPA EDF 1040K Scholarship. Student member of the Florida Institute of CPAs. REFERENCES ■ Craig E. Reese, Ph.D. Chairperson, Department of Accounting, Economics, and Finance Professor at the School of Business St. Thomas University Office No.: (305) 628-6623 — Email: CReese Lq�stu,edu ■ Alex Khoja, CPA, CGMA Professor at St. Thomas University Office No.: (305) 388-7880 — Email: AKhojaA),akhqjicpa.corq ■ John J Wilke, Esq. Office No.: (561) 910-1719 — Email: J W il ke(d),wi Ike I a com Page 24 of 458 Stanzione, Tamm From: jeff <noreply @123contactform.com> Sent: Monday, January 19, 2015 10:41 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Jeff_ Fromknecht_Resume_May_2014_.pdf Today's date 01/19/2015 Name Jeffrey Frornknecht Gender Male Phone number 561 -755 -7433 Address 228 sw 8th Ave Boynton Beach FL 33435 United States Email iel'I'(c }side roiectinc.oi Current occupation or, if retired, prior Attorney occupation Education Masters of Social Work, Law Degree Are you a registered Yes voter? k K Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within Yes City limits? If "yes ", name of Side Project Inc. (nonprofit organization) business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes ", which board(s) and when? Have you ever been convicted of a No crime? Page 25 of 458 If "yes ", when and where? Advisory Board Recreation & Parks Board Do you wish to serve on more than one Yes board? Second choice: Planning & Development Board Would you like to add a third choice to your Advisory Board list? Personal I have a background in community organizing, social work and law. I am able to work Qualifications with diverse groups of people and build consensus. As a younger member of the community, I feel it is important that our views and interests are represented. I earned a Master of Social Work degree from the University of Pittsburgh School of Social Work, where my concentration was on community organizing, nonprofit administration, and disability studies. I attended Duquesne University School of Law, graduating Magna Cum Laude. I am licensed to practice law in Florida. Professional Florida Bar Memberships Palm Beach County Bar Association Feel free to attach /upload an Y , �v �v.l 23contactfc rm.coi =Yi Ltplocicl�c)Id. L)h fi lcld =61455(1a ";d l tplbfblt%2 c°. extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.49.66.128 (United States) at 2015 -01 -19 22:41:11 on Chrome 39.0.2171.95 Entry ID: 79 Referrer: yvIAl w.bo nton beac officials ad visory boarrds.ph Page 26 of 458 Jeffrey D. Fromknecht 5679 South Rue Road West Palm Beach, FL 33415 (814) 520 -7544 (Cell) jell @sideprojectinc.org OBJECTIVE I am seeking an opportunity to make a positive impact in the community. PROFESSIONAL LEGAL EXPERIENCE Side Project Inc., Pittsburgh, Pa & West Palm Beach, FL October 2012 — Present Chief Executive Officer & Managing Attorney • Practice focuses on nonprofit corporations. This includes formation and structure, corporate governance, regulatory compliance, and tax matters. • Admitted to practice in Florida and United States Tax Court. Pennsylvania license is pending Steven Lynch, Of Counsel to the firm of Williams Coulson, Pittsburgh, PA June 2011 — August 2012 Law Clerk • Legal research of corporate tax issues Professor Mark Yochum, Duquesne University School of Law, Pittsburgh, PA August 2009 — May 2012 Research & Continuing Legal Education (CLE) Assistant • Assistant for Duquesne University Continuing Legal Education Program Allegheny County Law Department, Pittsburgh, PA July — September 2011 Through the Duquesne University School of Law Public Service Fellowship Law Clerk • Prepared memorandum of law regarding the Title II Requirements of the American with Disabilities Act United States District Court, Western District of Pennsylvania, Pittsburgh, PA May - September 2010 Legal Intern to the Honorable Joy Flowers Conti • Prepared memorandum of law regarding a civil rights claim COMMUNITY AFFILIATIONS • Florida Bar Public Interest Law Section, Executive Committee • Palm Beach County Nonprofit Chamber of Commerce • Center for Strategic Philanthropy & Civic Engagement, Member • Florida Bar, Member ✓ Palm Beach County Bar Association ✓ Young Professional of The Palm Beaches ✓ W. Edward Sell Inn of Court, Student Member ✓ Duquesne School of Law Public Interest Law Association ✓ Phi Alpha Delta, Law Fraternity, International ✓ St. James Roman Catholic Church, Erie Pa 2013 — Present 2013 — Present 2013 — Present 2013 — Present 2012 — Present 2012 — Present 2010-2012 2008 — Present 2008 — Present 1995 — Present Page 27 of 458 0 Jeffrey D. Fromknecht 2 EDUCATION Duquesne University, School of Law, Pittsburgh, PA Juris Doctor, magna cum laude, 2012 3.58 GPA; Class Rank 4/46 Journals and Clubs Duquesne Law Review, Business Manager JURIS, Executive Editor Phi Alpha Delta, Philanthropy Chair Public Interest Law Association Honors, Awards, and Fellowships Distinguished Student Award Public Service Fellowship Recipient of the Allan J. Papernick Endowed Scholarship CALI Excellence for the Future Award: Corporations University of Pittsburgh, Pittsburgh, PA Graduate School of Social Work and Public Health Master of Social Work (MSW), 2007 Concentration: Community Organizing and Social Administration Fellowships Leadership Education in Neurodevelopment Disabilities Fellow Allegheny College, Meadville, PA Bachelor of Science - Psychology, cum laude, 2004 Minor: Biology /Pre - Health Honors and Awards Alden Scholar (2001 -2004) Psi Chi International Honors Society in Psychology TEACHING EXPERIENCE University of Pittsburgh, School of Social Work, Pittsburgh, PA Adiunct Faculty — Field Instructor • Developed field learning activities and projects • Provided supervision to graduate student interns 2010-2012 Page 28 of 458 4 . Jeffrey D. Fromknecht 3 SOCIAL WORK AND COMMUNITY EXPERIENCE Side Project Inc., Pittsburgh, Pa & West Palm Beach, Florida Chief Executive Officer 2012 — Present • Work with nonprofits on administrative side projects. Including grant writing, program evaluation, and program development. UCP /CLASS (Formerly United Cerebral Palsy), Pittsburgh, PA 2006-2012 Community Partner - Research and Development • Program development and evaluation for UCP Kids program. • Coordination of social capital related research • Presentation and publication development Leadership Education in Neurodevelopmental Disabilities (LEND) Program 2006— 2008 Children's Hospital of Pittsburgh, Pittsburgh, PA Fellow • Leadership training program affiliated with the University of Pittsburgh and Children's Hospital of Pittsburgh. • 16 month interdisciplinary, mentored training experience focused on intensive interdisciplinary leadership education that is family- centered and culturally sensitive. Advancing Oral Health Project, Achieva, Pittsburgh, PA 2006— 2008 Research Consultant • Facilitated project development and organization of state -wide access to oral health care research project St. Mary's Home of Erie, Erie, PA 2003— 2005 Transport /Recreation Aid • Worked on skilled nursing unit and provided company and recreation to residents. Barber Nation Institute, Erie & Pittsburgh, PA 2004 —2007 Support Staff • In the Erie office, worked as a Therapeutic Support Staff to help families and teachers to implement behavioral plans for children with emotional disabilities. • In Pittsburgh office, staffed adult day programs and assisted adults with disabilities to reach vocational goals. YMCA of Meadville, Meadville, PA 2000 —2004 Youth Specialist • Developed and staffed programs for youth. • Provided tutoring and mentorship to youth Page 29 of 458 Jeffrey D. Fromknecht 4 PUBLICATIONS Books Condeluci and Fromknecht, The Role of Interdependence and Social Capital in the Human Service Organization (in press). Articles Fromknecht and Keller, JURIS Sits Down with Legal Legend Judge Posner. JURIS Magazine, Spring 2012. Fromknecht, Giallonardo, and Cocciolone, Piercing the Veil: Professors Outside the Classroom, JURIS Magazine, Spring 2012. Fromknecht, Book Review of The Abundant Community by John McKnight and Peter Block, Brain Injury Professional, 8(3) (2011), pg 29. Fromknecht, Interview with John McKnight, Brain Injury Professional, 8(3) (2011), pg 30. Condeluci, Gooden Ledbetter, Ortman, Fromknecht, DeFries. Social Capital: A View from the Field. Journal of Vocational Rehabilitation 29 (2008) 133 -139. Co- Editor of Journal of Vocational Rehabilitation 29 (2008), Special Edition on Social Capital. Condeluci and Fromknecht. The Critical Nature of Social Capital — An Organizational Story. Brain Injury Professional 4 (3) (2007), pgs 10 -16. Magazines Executive Editor, JURIS, "Common Law: An Analysis on Media Misconceptions." (Winter 2011). Available at: http: / /www.duq,edu/ Documents /juris /_pdf /2011 - winter.pdf Executive Editor, JURIS, "Vices and Virtues." (Spring 2012). Available at: http: / /www.duq.edu /Documents /juris /_pdf /2012 %2OSpring.pdf UNPUBLISHED WORK An Analysis of the American with Disabilities and the Inclusion of People with Disabilities at Professional Sporting Events, Submitted to the Duquesne Law Review in fulfillment of staff requirements (2011). Case Note, The Takings Clause of the United States Constitution, as made applicable to the states by the Fourteenth Amendment, applies to a state court decision that takes an established property right: Stop the Beach Renourishment v. Florida Department of Environmental Protection. 930 S. Ct. 2592 (2010). Submitted to the Duquesne Law Review in fulfillment of staff requirements (2010). Tax Rules for Radicals: Using the Tax Code to Fight for Social Welfare (2010). Protectors of the Environment: The Doctrine of Standing Versus the First Amendment, Submitted to the Endangered Environmental Laws Student Writing Competition sponsored by the Environmental Law Institute (2009). Page 30 of 458 0 Jeffrey D. Fromknecht 5 Everything / Needed to Know About Environmental Law and Advocacy / Learned from John Muir. Independent Study Project under the guidance of Dr. Kirk Junker, Duquesne University School of Law (2009). PRESENTATIONS Disability Awareness Training, presentation for Pittsburgh Police Professional Development (September 2011). The Benefits of Social Capital, presentation at the Community and Social Capital Workshop, Erie, Pa (September 2010). UCP /CLASS Jeopardy, presentation for UCP /CLASS New Staff Orientation (Multiple times between 2009 — 2012). Page 31 of 458 Jeffrey D. Fromknecht REFERENCES Dr. Al Condeluci, CEO, United Cerebral Palsy 412- 683 -7100 acondeluci @ucpclass.org Professor Mark Yochum Duquesne University School of Law 412- 396 -5012 yochum @duq.edu Dean Ken Gormley Duquesne University School of Law 412- 396 -6280 gormley @duq.edu Page 32 of 458 13 Young Alumni Profile: Home: Splits time between Pittsburgh, Pa., and West Palm Beach, Fla. Education: Allegheny College, BS'04, University of Pittsburgh, MSW'07, Duquesne University, JD'12 Employment: Side Project Inc., a nonprofit corporation with offices in West Palm Beach, Fla., and Pittsburgh and Erie, Pa. Its goal is to support community - oriented organizations, large and small, through legal and professional support services. Side Project is able to increase the social impact of its clients by allowing them to focus more time and energy on serving their communities and less energy on time - consuming administrative "side projects." Side Project has provided more than 2,000 hours of legal and administrative services to 15 socially minded organizations in Western Pennsylvania and South Florida. Who works at Side Project? Side Project is staffed by a dedicated team of more than a dozen volunteers with a diverse set of professional skills ranging from law to accounting to information technology. These volunteers make up the Side Project Action & Advisory Committee, which logged a total of more than 500 volunteer hours in the past year. Several Duquesne Law alumni serve on the committee, including Justin Tuskan, L'l1, Ted Casey, 1212, Christine Serra Cornell, L'12, and Brandon Keller, L'12. Utilizing their diverse professional backgrounds, the volunteers have been able to assist an array of different community - oriented organizations, as well as engage in philanthropic projects of their own design under the management and supervision of Side Project Inc. Who benefits from Side Project? Side Project's clients are as diverse as its staff, ranging from health and human services nonprofits to women's advocacy groups to veterans' support groups. The common thread is that all of these organizations are dedicated to serving their individual constituencies in an effort to improve the overall quality of our community. Some of these clients include the Rukrnini Foundation and the Arts for Autism Foundation of Pittsburgh, two educational foundations that Side Project helped to obtain tax - exempt status from the IRS. Additionally, Side Project has provided evaluation support for Community Living and Support Services (CLASS) of Pittsburgh, as well as worked with the CEO of the George Snow Scholarship Fund to develop a continuous quality improvement program, which will help to easily capture the impact that the Scholarship Fund is having on the greater South Florida community in which it is operating. Other clients include Tigerldi Resources and Perks & Moore, both of Palm Beach County, Fla., which provide services and support to single women and caretakers, respectively; the Washington County (Pa.) Sports and Recreation Foundation, and One9Five.org, a Pittsburgh -based veterans support services nonprofit, Why the passion for Side Project? "Combining my professional experiences as a social worker and legal training, coupled with my passion for building community, led to launching Side Project one year ago. Small nonprofits and grassroots efforts are the lifeblood of true community change. We created Side Project to work with and support these folks. As a catalyst and incubator for these projects, we help spur community -level change." Family and fun: "Being a new lawyer and starting a business consumes most of my time. However, I have the support of my whole family in this journey. When I do have free time, I enjoy cooking dinner for my wife, Anne, walking our dog, Ernie, playing golf and spending time with our friends." How did your Duquesne Law education contribute to this passion? "The School of Law was an important piece in my professional development and growth as an agent of change in the community. The evening program allowed me to attend law while continuing my work as a social worker. While in school, Dean Gormley, Professor Yochum and (Career Service Director) Maria Comas helped find me experiential learning experiences that matched my interest and passion for community - related work" For more information, please visit www.sideprojectinc.org or email Jeff Fromknecht at jeff @sideprojectinc.org. i FALL / W l Page 33 of 45.1 Fromknecht (center, holding sign) with volunteers at the Side Project cornhole tournament for St. James Church, Erie, Pa. RESUME: A newsmaker you should know By Kathleen Ganster It wasn't until he was almost finished with an undergradu- ate degree in psychology, that Jeff Fromknecht decided he wanted to be a dentist. "I decided that I wanted to 'work at a community dental Clinic. I wanted to give back to the community," he said. But despite graduating with hon- ors, an undergraduate degree in psychology doesn't exactly lend itself to dental school and Mr. Fromknecht was wait - listed twice. While waiting for an open- ing in dental school, Mr. From - knecht looked for other oppor- tunities and found a job at the Barber National Institute in his hometown of Erie --- a perfect job for his goals. "I worked with kids with autism and loved it. My vision was to work for or open a non- profit dental clinic so I could give back to the community and this was the same ltind - d work, I could give back :to the community," he said The second time he was wait- listed for dental school,'how- ever, Mr. Fromknecht said it was time to rethink his goals. "I thought, `I can't just sit . here and wait to get in [to dental school], I've got to look at other graduate programs that can help me open a clinic,' " he said. He decided that path would include a master's degree in social work at the Unive�pity. of Pittsburgh. Mr. Fromkti;it thought he would concente on the business side of : b4al work and include classek`i_n nonpro fi.t management, f$ite and management. While pursing his degree, he also landed an internship at what is now'known as CLASS, Community `Living and Sup- port Services, a nonprofit based in Oakland that works to include people with all levels of disabilities into the commu- nity. Mr. Fromknecht formed an important relationship with Al Condeluci, the CEO, who continues to serve as a mentor. Mr. Fromknecht finished his master's in 2007 and decided he wanted to pursue a law degree. This time, however, he didn't that.road. T already ha( everyone waiting to see if I would get pate . dental school. I didn't tell them I was taking the LSAT or any- thing. I just told them when I was accepted into law school," he said. He had decided a law degree, coupled with his MSW, would make the perfect combination to help him follow his dream to continue to serve the com- munity. Mr. Fromknecht had a fairly heavy load, still work- law classes and pursing other opportunities, including sere- %ng as a law clerk with attorney Steve Lynch, someone else who would become an important mentor. "At one point, Steve sat me down and asked me what kind of law I wanted to pursue," he said. And that got him thinking. "I knew I didn't want to be a traditional law firm and Ireally liked working in the nonprofit world," Mr. Fromknecht said. Since he had been work- -_- loosely based project to pool their resources to serve others since 2009, Mr. Fromknecht decided to take the project one step further and incorporated to form Side Project Inca Mr. Fromknecht serves as the president and is the only paid employee. Others serve on the board and work with him on various projects as needed. The 501c (3), or nonprofit tax exemption, is pending. Since Mr. Fromknecht's wife Anne is from Florida, the couple decided to relocate to her home- town of West Palm Beach. But since he works with Side Project and she works for a Pittsburgh - based company, they spend half of their time in Shaler. "It is a different situation, but ;teally works for us. We love and ;Work in both areas," he said. Mr. Fromknecht is a licensed attorney in both states — he recently passed the bar in Pennsylvania and he serves clients in both locations. With Side Project, Mr. Fromknecht provides legal advice, back flffmi support, grant- writing research and review services, and foundation support. He and his cousin, Adam Causgrove, who assists with Side Project, are also becoming specialists in devising unusual fundraising activities. On Dec.15, they will host the Winter Tail- GREAT, a tail- gate party before the Steelers- Bengals football game to raise money for Operation Once in a Lifetime, an organization that serves wounded veterans. The event also is held in the sum- mer before a Pirates game. Mr. Fromknecht recently assisted Jam2Jam, an organi- zation that hosted a fundraiser for the Millvale Library. It is those.types.of grass roots con- nections that drive Mr. From - knecht. "That is what I want to do - help folks who are helping oth- ers," he said. The Winter Tail -GREAT will be held at 4 p.m. Dec. 15 at Heinz Field. Tickets are $25. Tickets are available at Tail - GREAT. com. Kahan Ga writer ul epmr , Page 36 of 458 6.A. CONSENT AGENDA 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -007 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Kenneth B. Beneby for the property at 1086 Oleander Road, Lantana, FL EXPLANATION OF REQUEST: The property covered by this Agreement is located in the unincorporated Palm Beach County area outside of the City limits in our water service area, West of Federal Highway and North of Miner Road. The property historically receives water from a well and the owner now requests that we provide potable water in the future. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is able to provide water to the property. 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. FISCAL IMPACT: Customers outside the City limits pay an additional 25% surcharge above the water rates charged to customers within the City. ALTERNATIVES: Deny request to provide service. If service is denied the Consumptive Use 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 the 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." STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution Description Resolution for Beneby Water Service Agreement Page 37 of 458 Agreement WSA Agreement and POA w /backup N=kYjIATA=1 13 Department Reviewer Action Date Utilities Groff, Colin Approved 1/9/2015 - 5:47 PM F inance Howard, Tim Approved 1/9/2015 - 4:17 Pl Legal Swanson, Lynn Approved 1/21/2015 - 11:12 Al City Manager Howard, Tim Approved 1/21/2015 - 9:57 Al Page 38 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND KENNETH B. BENEBY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 1086 Oleander Road, Lantana, Florida 33436 (PCN: 00 -43- 45- 09 -14- 000 - 0340); and WHEREAS, the parcel covered by this agreement includes a multi - family (duplex) home located in unincorporated Palm Beach County portion of the City's utility service area; and WHEREAS, the property historically receives water from a well and the owner now requests that the City 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 City Manager to sign a Water Service Agreement between the City of Boynton Beach, Florida and KENNETH B. BENEBY, a copy of said Agreement is attached hereto as Exhibit "A ". C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 72E3DE19- CF32- 44BE- 9FBA- 42D38B7EC53F \Boynton Beach. 687.1.Beneby_Reso_ for Water_ Service_Agreement.doc Page 39 of 458 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2015. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 72E3DE19- CF32- 44BE- 9FBA- 42D38B7EC53F \Boynton Beach. 687.1.Beneby_Reso_ for Water_ Service_Agreement.doc Page 40 of 458 i A R E. 1 1, M E N T F 0 R Vv I A `1 E R S E I M C E """ U ILSI D E 1 "L 1L I E C"IT Y JIL I I M JI T 'a' AND COVENANT FOR ANNEXATION (Individuals) This Oreement, made on this — day of 20 by and between: LA hereinafter called the "Owner(s)," and a municipal corporation or Me State or fro called the "City." WITNESSETH, the City and the Owner(s), in consideration of the privilege of receiving water service from the City Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Owner(s), the heirs, successors and assigns, agree as follows: 1. Owner(s) represents and covenants that it owns the following described real property (hereinafter "Property") located outside the boundaries of the City, but in the City's water and wastewater service area: County Property Appraiser's Property Control Number 2. The City agrees to provide Owner(s) with water services from the City Water System P-3YV only as necessary to service the Property. 3. Owner(s) shall not use or supply water it receives from the City to service or benefit any property other than the Property described in paragraph I above, unless written permission is granted by the City of Boynton Beach. 4. The Property requires I (specify number) Equivalent Residential Connection(s). 5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and inspection of the facilities as required by the City Code to provide service to the Owner(s)'s Property. 6. The Owner(s) shall be responsible for installation and conformance with all applicable codes, rules, and regulations of all service lines upon the Owner(s)'s Property and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. 7. The City shall have the option of either requiring (a) the Owner(s) to use a licensed contractor to perform the necessary work or (b) the City may have the work performed in which case the Owner(s) will pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner(s) will also advance to the City such additional funds as may be necessary to pay the total actual costs of providing the work. Page 1 of 5 C:"\Users\johnsonn\AppData\Local\M±crosoft\Windows\Temporary Internet Fi (Individual) 8-22-12.doc Page 41 of 458 FOR INTA AGREEMENT _U OTT ILAGREEMENT TAM SERVICE ,TSIDE',,vPE'.".'.FTYT..TMlrL',,roS AND COVENANT FOR ANNEXATION (Individuals) 8. Any water main extension made under the Agreement shall be used only for Property the Owner(s), unless written permission is granted by the City of Boynton Beach for other pi or parties to connect pursuant to the Code of Ordinances and regulations of Boynton Beach. 9. Ownership and title to all mains, extensions, and other facilities extended from the City Water Distribution System to and including the metered service to Owner(s) shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 10. The Owner(s) agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the City limits applicable under City Code of Ordinances and rate schedules which are now applicable or as may be changed from time to time. 11. Owner(s) shall pay a twenty-five percent (25%) surcharge on all base facility and water use charges to the Property. 12. Any rights-of-way or easements needed by the City to provide water to the Property shall be provided by the Owner(s) and at the Owner(s)'s expense. 15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement is to be recorded in the Public Records of Palm Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs, or assigns of Owner(s) shall be bound by this Agreement. 16. It is agreed that the City shall have no liability in the event there is a reduction, impairment, or termination in water service to- be provided under this Agreement due to any prohibitions, restrictions, limitations, or requirements of local, regional, state, or federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in Page 2 of 5 C:\Users\johnsonn\AppData\Local\microsoft\Windows\Temporary Internet Files\Content.Outlook\TXFOJB5Y\WSA (Individual) 8-22-12.doc Page 42 of 458 the event there is a reduction, impairment or termination of water servicc due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties, or other circumstances beyond the City's reasonable control. AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) hg I r! I I werma"'m I to a I I $m 0 a I I ga 01 19. The Owner(s) warrants to the City that the Owner(s) holds legal and beneficial title to the Property which is the subject of this Agreement. 20. In the event of a sale of the Property by Owner(s), Owner(s) agrees to provide written notice of the existence of this Agreement to the buyer of the Property prior to or in conjunction with the closing of the sale transaction. Page 3 of 5 C:\Users\johnsonn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\TXFOJB5Y\WSA (Individual) 8-22-12.doc Page 43 of 458 AGi!JEJLE1TT FORI-iA'A"EARLIL SER"Y"ICE OUTSIDE '1 C-1 1 AND COVENANT FOR ANNEXATION (Individuals) M a. Printed Narne FEMME First Witness Signature Second Witness Signature Printed Witness Name FOR OWNER(S) NOTARIZATION: STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH 3 • M I Commission # EE 97546 ol 11k,"'Ita I 1 W following proof ♦ identification: RTIMUT11"a, �11 0 EMMMM My Commission Expires: Page 4 of 5 C:',Users\johnsonn\AppData\Local\Microsoft\Windows\Temporary Internet Fi (individual) 8-22-12.doc Page 44 of 458 A GREEMENT FOR'WATER SERVICE OUTSIDETHE CITY I IMITS rX"k%-Li'A!j1 X Ail A A Ald %— A jux Y 0 AND COVENANT FOR ANNEXATION (Individuals) a else • I 0 Lori LaVerriere, City Manager ATTEST: City Clerk Approved as to Form: City Attorney STATE OF FLORIDA ss: COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of Florida and in the County of Palm Beach, to take acknowledgments, personally appeared Lori LaVerriere, City Manager and Janet Prainito, City Clerk, respectively, of the City named in the foregoing Agreement and that they severally acknowledged executing same and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this — day of _, 20_ (Notary Seal) My Commission Expires: Notary Public Signature Printed Notary Public Name Commission No. Page 5 of 5 C:\Users\johnsonn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Conl�ent.Outlook\TXFOJB5Y\WSA (Individual) 8-22-12.doc Page 45 of 458 STATE • FLORIDA e I COUNTY OF Val M &�t Page 46 of 458 -�-4 IN WITNESS WHEREOF, we have hereunto set our hands and seals the a day of YR A M in they 20 Sealed and delivered in the presence of PM 0 1t - =1- M I VVIRO 44 Print Name Print Name STATE OF FLORIDA SS: COUNTY OF PALM BEACH THE FOREGOING lNS ,,4RUMENT was acknowledged before me this 7 day of 20 LN by and Kf-A t7AWL- =ktw2b S4 I who are kno-wn--to me or who have produced L-DL as identificatir o did/did not take an oath. e or Pritt 1 1119 rem$ IMPTCT-1 Moull SACMAGMTSMater SeniceNpower of atty.doc — 1 -&06 H.\1990\900182.B BSA GMMPover ofAttomey-Ind 1-6-06.doc Page 47 of 458 M-MAMIK'" 1(im1erly Searson Suncoast Titl 800 Village Square Crossing, Suite 354 Palm Beach Gardens, FL 33410 Our File No.: 14-236 Property Appraisers Parcel Identification (Folio) Number: 00-43-45-09-14-000-0340 Florida Documentary Stamps in the amount of $1,155.00 have been paid hereon. _,SPACE ABOVE THIS LINE FOR RECORDING DATA WAR"NTYDEED The land described her is not the homestead of the grantor, and neither the grantor nor the grant spouse, or anyone for whose support the grantor is responsible, resides on or adjacent to Said land TOGETHER, with all the tenements, hereditaments -d,:, TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in f simple that the Grantor has good right and lawful authority to sell and convey said WA and hereby warrants the title to said land and will defend the game against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2014. IN WUNESS WHEREOF, the said Grantor has signed and sealed these presents the day and Year Ent above written 4 1 AL9.11119111VAE1 The foregoing instrument was acknowledge4 before me this 8th day of January, 2015, by Issam Chahine who is personally known to me or has produced . . ..... as identification and ❑ did ❑ did not take an oath. a_ �. My commissi KIMBERLY SEARSON P My COMMISSION *FF15506 EXPIRES 0otobar 1, 20ia (407) 59x 01 80 PorklaNatayeaNic-exam File No.: 14-236 Page 48 of 458 Gaq R. Nikolits, CPA Homestead Exen"ption TV M, All values are as of January 1st each year Mailing address Owners 11474 MANATEE BAY LN CHAHINE ISSAM WELLINGTON FL 33449 8385 Sales Date Price OR Book/Page Sale Type Owner OCT-2012 $85,000 25568 / 1695 WARRANTY DEED CHAHINE ISSAM JUN-2012 $64,300 25291 /0273 CERT OF TITLE US BANK NATIONAL ASSN TRUSTEE AUG-2006 $272,500 20771 /0871 WARRANTY DEED SIMPLICE LONORD JAN-2003 $118,000 14686 /0791 WARRANTY DEED OLBRYCH RICHARD A JUN-1998 $80,000 10506 /1941 WARRANTY DEED 2 ... ... .... ..... TV M, All values are as of January 1st each year Page 50 of 458 h : / /www. be ov.co / papa / Asps /PropertyDetail/PropertyDetail.as Tax Year 2014 2013 2012 Assessed Value $67,488 $61,353 $53,583 Exemption Amount $0 $0 $25,000 Taxable Value $67,488 $61,353 $28,583 Tax Year 2014 2013 2012 Ad Valorem $1,282 $1,157 $547 Non Ad Valorem $482 $478 $476 I Total tax $1,764 $1,635 $1,023 Page 50 of 458 uzz= http://www.pbcgov.com/papa/Asps/papagis/papagis.aspx?qvalue=O Page 51 of 458 11 x i- m Marked water, r FA P- quPilli i: �4R ral I I I Zf Q94 a ["I A UsJ3 I oI2 "A'A�_qipj mo) POUND NAIL PAGE 2 OF 2 PAGES BOUNDARYSURVEY LS #7893 TARGE / HEREBY CERTAFYTHAr TWS 80UA1a4RYSL#?VEY -SEMVEYNCT? 31 SURVEYORS CER77FIr.4 TE L 15 A TRUE AND CORREC T REPRESEAMA TJON OF A gig"al g'wl DN: = RECEI VD E M8 cN 91,C= US McNeal Date: 2878.01.05 (SIGNED) -Onw coot 0 MWEAL. PROFESSIONAL SURVEYOR AND I&PPER #033 14 Ki e ag 9 - I - , - 6250 N. MILITARY TRAIL, SUITE 102 WEST PALM BEACH, FL 33407 PHONE'(561) W-4W0 FACSIMILE (561) 64M576 STATEWIDE PHONE (800) 2264807 STATEWIDE FACSIMILE (800)74l-W76 - ' ai v , eT Y , q 112 �, 0 - JC r-t-X(458 gig"al g'wl DN: = RECEI VD E M8 cN 91,C= US McNeal Date: 2878.01.05 (SIGNED) -Onw coot 0 MWEAL. PROFESSIONAL SURVEYOR AND I&PPER #033 14 Ki e ag 9 - I - , - 6250 N. MILITARY TRAIL, SUITE 102 WEST PALM BEACH, FL 33407 PHONE'(561) W-4W0 FACSIMILE (561) 64M576 STATEWIDE PHONE (800) 2264807 STATEWIDE FACSIMILE (800)74l-W76 - ' ai v , eT Y , q 112 �, 0 - JC r-t-X(458 6.B. CONSENT AGENDA 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -008 - Authorize the City Manager to sign a lease agreement with Dell Financial for the purchase of a Dell Sonicwall Supermassive 9200 HA Firewall pair from vTECH io, a Dell authorized dealer, utilizing pricing from the State of Florida Miscellaneous IT Equipment Contract #250 - WSCA -10 -ACS. The lease is for five years with monthly payments of $1,482.53 or $17,790.36 annually with a $1.00 buy -out. EXPLANATION OF REQUEST: The City of Boynton Beach Information Technology Services Department (ITS) in 2010 contracted with Host.net (StillSecure) to provide managed firewall services to protect the City's Internet connection. The ITS Department recently re- evaluated our need for managed firewall services. We determined that the City's ITS Staff can manage our own firewall with the skill set of our own employees. The cost per year for the current managed firewall ( Host.net) is $16,200. In addition, and in order to monitor Internet traffic, the City purchased Websense software, at a cost of $8,960 per year. The total cost for this solution of managed firewall services and Internet traffic monitoring is $25,160. Dell Sonicwall recommended purchasing two Dell Sonicwall Supermassive 9200 firewalls in a high availability configuration to provide redundancy. The Sonicwall Supermassive 9200 firewall provides the same security features that are being provided by the Host.net (StillSecure). In addition, the Dell Sonicwall Supermassive 9200 provides Internet traffic monitoring software, similar to the Websense software we purchased. The proposed system for this solution is $17,790.36 per year, a cost savings of $4,209.64 per year. The Dell Sonicwall Supermassive 9200 would be installed into the internal fabric of the network to scan for virus, spam, and intrusion traffic from the Internet and internal traffic. The Host.net (StillSecure) managed firewall is installed on the edge of the network and only provides protection from the Internet. The State of Florida's procurement process satisfies the City's of Boynton Beach's competitive procurement process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The replacement of the current managed firewall with the Dell Sonicwall Supermassive 9200 will lower operational costs by approx. $4,000 per year, while enhancing the City's ability to provide reliable and efficient network security protection for our customers. FISCAL IMPACT: Budgeted This purchase is covered under the State of Florida DMS WSCA participating Addendum Contract (#250 - WSCA -10 -ACS) and State of Florida DMS Network Infrastructure — Equipment & Services Contract ( #STC 250 - 000- 09 -1). Funding has been approved during this year's fiscal budget for the maintenance of the Host.net (StillSecure) firewall, 001 - 1510 - 513 - 49.17, in the amount of $16,000 and the Websense software split between PD 001- 2110- 521 -46.91 in the amount of $3,000 and City ITS 001 - 1510 - 513 -46.91 in the amount of $3,000. The purchase of the Dell Sonicwall Supermassive 9200 is $17,790.36 per year for five years. This results in a yearly savings of $4,209.64 or a savings over the five years of the lease of $21,047.20. ALTERNATIVES: Remain with the current managed firewall vendor, Host.net (StillSecure). Page 53 of 458 STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: Goal 4 - High Performing City Organization; Objective 5: Upgrade information technology both hardware and software. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: REVIEWERS: Department Type Description D Resolution Reso approveing Lease Agreement with Dell for Approved 112112015 - 10:31 AIM Firewall D Quotes vTech io Proposal D Other Dell Financial - Lease Proposal D Agreement Dell Financial - Lease Agreement D Other Dell F inancial - Exhibit A n Amendment Dell Financial - Amendment to Lease Agreement D Other Dell Financial - Clerk Certificate Instructions D Other IRS Form 8038 Notice D Other Dell Financial - Clerk Certificate D Other IRS Form 8038-GC D Addendum State of F L WSCA #250- WSCA -10 -ACS D Other WSCA Contract Info REVIEWERS: Department Reviewer Action Date ITS McNally, John Approved 112112015 - 10:31 AIM Finance Howard, Tim Approved 112612015 - 5:02 PM Legal Swanson, Lynn Rejected 112812015 - 8:44 AIM ITS Pyle, Judith Approved 112812015 - 8:49 AIM Finance Howard, Tim Approved 112812015 - 1:15 PM Legal Swanson, Lynn Approved 112912015 - 3:51 PM City Manager LaVerriere, Lori Approved 113012015 - 11:25 AIM Page 54 of 458 1 RESOLUTION NO. R15- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING A LEASE AGREEMENT WITH DELL 5 FINANCIAL FOR THE PURCHASE OF A DELL SONICWALL 6 SUPERMASSIVE 9200 HA FIREWALL UTILIZING PRICING 7 FROM THE STATE OF FLORIDA MISCELLANEOUS IT 8 EQUIPMENT CONTRACT #250 - WSCA -10 -ACS FOR A FIVE 9 YEAR PERIOD WITH MONTHLY PAYMENTS OF $1,482.53; 10 AUTHORIZING THE CITY MANAGER TO SIGN A FIVE YEAR 11 LEASE AGREEMENT WITH DELL FINANCIAL SERVICES; 12 AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the City of Boynton Beach Information Technology Services 15 Department contracted in 2010 with Host.net to provide managed firewall services to 16 protect the City's Internet connect; and 17 WHEREAS, the ITS Department recent re- evaluated the need for managed 18 firewall services; and 19 WHEREAS, Dell Sonicwall recommended purchasing two Dell Sonicwall 20 Supermassive 9200 firewalls in a high availability configuration to provide redundancy; 21 and 22 WHEREAS, upon recommendation of staff, the City Commission does hereby 23 approve the Lease Agreement with Dell Financial Services for the purchase of a Dell 24 Sonicwall Supermassive 9200 HA Firewall pair utilizing pricing from the State of Florida 25 Miscellaneous IT Equipment Contract #250 - WSCA -10 -ACS and authorizes the City 26 Manager to sign a five (5) year Lease Agreement between the City of Boynton Beach and 27 Dell Financial Services for sixty (60) monthly payments of $1,482.53. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 29 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. The City Commission hereby approves the Lease Agreement with 34 Dell Financial Services for the purchase of a Dell Sonicwall Supermassive 9200 HA 35 Firewall pair utilizing pricing from the State of Florida Miscellaneous IT Equipment Page 55 of 458 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Contract 9250 - WSCA -10 -ACS. Section 3. The City Manager is hereby authorized and directed to sign a five (5) year Lease Agreement between the City of Boynton Beach and Dell Financial Services for sixty (60) monthly payments of $1,482.53, a copy of which is attached hereto as Exhibit "A ". Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of February, 2015. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Page 56 of 458 2338 Immokalee Rd. #151 A Naples, FL 34110 Phone: (239) 514 -2888 Fax: (239) 236 -2232 www.vTECHio.com City of Boynton Beach Charles Stevens 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 United States Phone Fax Proposal valid for 30 days Dell SonicWALL SuperMassive 9200 Secure Upgrade Plus - 3 -Year 2YR CGSS BUNDL FOR SUPERMASSIVE 9200 Dell SonicWALL SuperMassive 9200 High Availability - 1 -User Rack Mountable ANALYZER REPORTING SOFTWARE NSA5600 6600 E -CLASS SUPERMASSIVE Terms: Dell Financial NETWORK SECURITY ADMIN TRAINING 2DAY INSTRUC LED CLASS 1SEAT Network Security Advanced Administration State of Florida DMS WSCA Participating Addendum Contract ( #250 - WSCA -10 -ACS) State of Florida DMS Network Infrastructure - Equipment & Services Contract ( #STC 250 - 000 -09 -1) Your investment in addition to the Grand Total: $0.00 Billed Monthly $0.00 Billed Quarterly $0.00 Billed Annually Brooke Gabrielsen Brooke.Gabrielsen @vTECHio.com 239 - 450 -8969 PROPOSAL CAWQ2905 Dec 18, 2014 To accept this proposal, sign here and return: Date: Customer Purchase Order Number: $39,219.00 1 $39,219.00 $17,623.00 1 $17,623.00 $15,118.00 1 $15,118.00 $1,000.00 1 $1,000.00 $1,596.00 2 $3,192.00 $1,990.00 2 $3,980.00 Subtotal $80,132.00 Tax $0.00 Shipping $4.98 Grand Total $80,136.98 Page 57 of 458 Charles Stevens Information Technology Services o:561- 742 -6079 CAWQ2905 I Dell SonicWALL SuperMassive 9200 1 $80,136.98 1 $1,482.53 PersonM Property Taxes (PPT) do not apply to this lease. Page 1 of 2 Page 58 of 458 jJanuary 9, 2015 1 Charles Stevens Information Technology Services o:561- 742 -6079 Leasing and financing provided and serviced by Dell Financial Services L.L.C. or its affiliate or designee ( "DFS ") for qualified customers. Offers may not be available or may vary in certain countries. Where available, offers may be changed without notice and are subject to product availability, credit approval, execution of documentation provided by and acceptable to DFS, and may be subject to minimum transaction size. Offers not available for personal, family or household use. Dell and the DELL logo are trademarks of Dell Inc. Subject to applicable law and regulations. Restrictions and additional requirements may apply to transactions with governmental or public entities. e Exercise the option to purchase the products for $1.00. e Return all products to lessor at the lessee's expense. LEASE QUOTE: The Lease Quote is exclusive of shipping costs, maintenance fees, filing fees, licensing fees, property or use taxes, insurance premiums and similar items which shall be for Lessee's account. Lessee will pay payments and all other amounts without set -off, abatement or reduction for any reason whatsoever. Additionally, Lessee shall declare and pay all sales, use and personal property taxes to the appropriate taxing authorities. If you are sales tax exempt, please provide a copy of your Exemption Certificate with the Lease Contract. If Lessee provides the appropriate tax exemption certificates to DFS, sales and use taxes will not be collected by DFS. However, if your taxing authority assesses a personal property tax on leased equipment, and if DFS pays that tax under your lease structure, Lessee must reimburse DFS for that tax expense in PURCHASE ORDER: The Purchase Order must be made out to Dell Financial Services L.L.C., One Dell Way, RR8 -23, Round Rock, TX 78682. The Purchase Order will need to include the quote number, quantity and description of the equipment. Please be sure to indicate that the PO is for a lease order and shows the type of lease, the term length, and payment frequency. The date of the lease quote referenced should be included. Please be sure to include any applicable shipping costs as a line item and include your address as the SHIP TO destination. INSURANCE: The risk of loss on the equipment is borne solely by the Lessee. Lessee shall be required to purchase and maintain during the Term (i) comprehensive public liability insurance naming Lessor as additional insured; and (ii) "all- risk" physical damage insurance in a minimum amount of the Purchase Price, naming DFS as first loss payee. APPROPRIATION COVENANT: The Lease will contain an appropriation of funds clause. The Lessee will covenant that it shall do all things legally within its power to obtain and maintain funds from which the payments may be paid. DOCUMENTATION: In addition to a duly executed Agreement, other documents as reasonably requested by DFS may be required, such as but not limited to, opinions of counsel, IRS tax exemption forms (if applicable), and audited financials. PROPOSAL VALIDITY / APPROVALS: This is a proposal based upon market conditions and is valid for 30 days, is subject to final credit approval, review of the economics of the transaction, and execution of mutually acceptable documentation. Michelle Root Financial Sales Representative Dell. I Financial Services office + 1 512 723 0735 Michelle_Root@dell.com Page 2 of 2 Page 59 of 458 LEASE NO: 810 - 9000164 -001 Company No: 83 Financial Services THIS LEASE HAS BEEN WRITTEN IN "PLAIN ENGLISH ". WHEN WE USE "YOU" AND "YOUR" IN THIS M LEASE WE MEAN YOU, THE CUSTOMER WHO IS THE LESSEE INDICATED BELOW. WHEN WE USE "WE ", "US" AND "OUR" WE MEAN THE LESSOR, DELL FINANCIAL SERVICES L.L.C. FULL LEGAL NAME OF LESSEE LEASE MONTHLY RENT TRANSACTION TERM PAYMENT(S) ^ PROCESSING COMMENCEMENT CITY OF BOYNTON BEACH, FLORIDA (MONTHS) $1,482.53 FEE* DATE 60 principal and interest components $0.00 TBD as set forth on Attachment B 'Subject to Applicable Tax DBA NAME (IF ANY) TYPE OF ENTITY FINANCING TERMS Product Cost: $80,136.98 Municipality Shipping Charges * *: $0.00 BILLING ADDRESS: STREET, CITY, STATE, ZIP CODE Transaction Processing Fee: $0.00 Total On Lease: $80,136.98 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 (MONTHLY RENT PAYMENTS ARE DUE AND PAYABLE IN ARREARS). INTEREST RATE PRINCIPAL AMOUNT FINANCED 4.33% $80,136.98 PRODUCT LOCATION GENERAL PRODUCT DESCRIPTION /SUPPLIER SEE ATTACHMENT A SEE ATTACHMENT A END OF LEASE PURCHASE OPTION Tax Exempt Lease Purchase 59- 6000282 FEDERAL EMPLOYER IDENTIFICATION # TERMS AND CONDITIONS OF LEASE 1. Lease; Acceptance and Commencement; Term; Rent: We agree to lease to you and you agree to lease from us the products, services, and software (the "Products ") described in Attachment A to this lease on the terms and conditions shown in this lease agreement (the "Lease "). With respect to services, we will only finance one -time charges for services rendered in connection with the Products. Services may include delivery and installation fees, or similar services ( "Services "). The Lease Term will begin and Products will be deemed irrevocably accepted for purposes of this Lease five (5) days after shipment from the Supplier (the "Commencement Date). When you receive the Products, you agree to inspect them promptly and advise us if they are not in good working order. If any of the Products are accepted for return by Dell Computer Corporation ( "Dell') under the "Total Satisfaction Return Policy" (the "Policy "), which Policy can be found at www.dell.com within 30 days after shipment from Dell and in the condition and manner required by Dell under the Policy and we receive reimbursement from Dell for the full Product Cost shown above, the Lease obligations associated with those respective Products will terminate. You are responsible for freight charges to deliver and return the Products under the Policy. Contact Dell for complete details regarding the Policy. If payments are due in arrears, the first Rent payment is due thirty (30) days after the Commencement Date. If payments are due in advance, the first Rent payment is due on the Commencement Date. Subsequent payments of Rent are due on the same day of each subsequent annual period (or the following day of the subsequent annual if there is no such day). You agree to pay us the Rent for the number of months of the Lease Term stated above. You will make all payments required under this Lease to us at the address we specify in writing. You authorize us to adjust the Rent amount (increase or decrease) listed above based on changes in the actual Product Cost (which is all amounts we have paid or will pay in connection with the purchase, delivery, and installation of the Products, including any trade -up and buyout amounts) provided that any increase in Rent amount will not result in more than a 15% increase to the Rent payment listed above. You agree to allow us to adjust the Rent amount above if the actual Product Cost varies from the Product cost shown above. If any payment of Rent or other amount payable to us is not paid within ten (10) days after the due date, you will pay us a late charge equal to the greater of (i) 5% of the late payment amount or (ii) $5.00 for each late payment (or if less, the highest amount permitted by applicable law). 2. Funding Intent; Nonappropriation of Funds: You reasonably believe that sufficient funds can be obtained to make all Rent payments and other payments during the Lease Term. You agree that your Chief Executive or Administrative Officer (or your administrative officer that has the responsibility of preparing the budget submitted to your governing body, as applicable) will provide appropriate funding for such payments in your annual budget request submitted to your governing body. If your governing body chooses not to appropriate funds for such payments, you agree that your governing body will evidence such nonappropriation by omitting funds for such payments due during the applicable fiscal period from the budget that it adopts. We agree that your obligation to make Rent payments under the Lease will be a current expense and will not be interpreted to be a debt in violation of applicable law or constitutional limitations or requirements. Nothing contained in the Lease will be interpreted as a pledge of your general tax revenues, funds or moneys. If (a) sufficient funds are not budgeted or appropriated and budgeted by your governing body in any fiscal period for Rent payments or other payments and (b) you have exhausted all funds legally available for such payments, due under the Lease, then you will give us PAGE 1 OF 6 PUBLTOP_NOIR_v0201.OSW Page 60 of 458 written notice and the Lease will terminate as of the last day of your fiscal period for which funds for Rent payments are available. Such termination is without any expense or penalty, except for the portions of the Rent payments and those expenses associated with your return of the Products in accordance with paragraph 11 of the Lease for which funds have been budgeted or appropriated or are otherwise legally available. 3. Representations, Warranties and Covenants: You represent that the use of the Products is essential to your proper, efficient and economic operation and that you shall be the only entity to lease, operate and use the Products. You represent and agree that: (a) you are a state or a political subdivision or agency of a state; (b) the entering into and performance of the Lease is authorized under your state laws and Constitution and does not violate or contradict any judgment, law, order or regulation, or cause any default under any agreement to which you are a party; (c) you have complied with all public bidding requirements and, where necessary, have properly presented the Lease for approval and adoption as a valid obligation on your part; (d) you have sufficient appropriated funds or other moneys available to pay all amounts due under the Lease for your current fiscal period; (e) you will comply with the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code "), including but not limited to, the execution (and delivery to us) of information statements requested by us; (f) you will not do, cause to be done or fail to do any act if such act or failure to act will cause this Lease, or any transaction hereunder, to be an Arbitrage Bond within the meaning of Section 148 of the Code or a Private Activity Bond within the meaning of Section 141 of the Code; and (g) you will comply with all applicable provisions of the Code, including without limitation Sections 103, 141 and 148 thereof, and the applicable regulations of the Treasury Department to maintain the exclusion of the interest components of Rent from gross income for purposes of federal income taxation. Upon our request, you agree to provide us with an opinion of counsel as to clauses (a) through (g) above, an incumbency or municipal certificate, and other documents that we request in a form satisfactory to us. 4. No Warranties WE ARE LEASING THE PRODUCTS TO YOU "AS -IS ". YOU ACKNOWLEDGE THAT WE DO NOT MANUFACTURE OR SUPPLY THE PRODUCTS, WE DO NOT REPRESENT THE MANUFACTURER OR SUPPLIER AND YOU HAVE SELECTED THE PRODUCTS AND THE SUPPLIER BASED ON YOUR OWN JUDGMENT. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE PRODUCT OR ANY SERVICES. WE HEREBY ASSIGN ALL WARRANTIES MADE TO US BY SUPPLIER, MANUFACTURER, AND ANY SERVICE PROVIDER TO YOU, AND YOU AGREE THAT YOU WILL MAKE ALL CLAIMS OF ANY KIND RELATING TO THE PRODUCTS OR SERVICES AGAINST SUCH SUPPLIER, MANUFACTURER, AND /OR SERVICE PROVIDER. 5. Selection and Ordering of Products: You select the type and quantity of the Products subject to this Lease. If you have entered into a purchase or supply contract ( "Supply Contract ") with any Supplier, you assign your rights but not your obligations (other than the obligation to pay for the Products if accepted by you under this Lease) effective prior to the passage of title by the Supplier to you. 6. Location; Use; Alterations; Inspection: You will use the Products solely at the location specified in the Lease, or if none is specified, at your billing address. Except for temporary relocation of laptop personal computers, you may not move the Products without our prior written consent, which shall not be unreasonably withheld. At your own expense, you will maintain the Products in good repair, condition and functional order (except for ordinary wear and tear) and will use them in compliance with all applicable laws. At your sole discretion, you may purchase a maintenance agreement for the Products from the provider of your choice, self- maintain the Products, or forgo such maintenance agreement altogether; regardless of your choice, you will continue to be responsible for the obligations described in this Section. You will use all software in accordance with the end user license terms of the applicable software license agreement ( "License "). You may make additions or improvements to the Products unless the addition or improvement would violate any License, decrease the value of Products, or impair their utility. Upon return of the Products to us pursuant to paragraph 11, you may remove any such addition or improvement if (i) you repair any damage to Products resulting from the removal; (ii) you restore the Products to their original and functional condition (excluding ordinary wear and tear); and, (iii) the removal does not violate any License or render the Products incapable of use or operation. All additions or improvements not removed will become our property at no cost to us. You agree that, we, our assignees, and agents, may inspect the Products at the premises where the Products are located at any reasonable time with prior notice. 7. Title; Quiet Enioyment; Personal Property; Filing: You will hold title to the Products. You will keep the Products free from any and all liens, encumbrances and claims. So long as you are not in Default under the Lease, we will not interfere with your quiet use and enjoyment of the Products during the Lease Term or any renewal term. You grant us a purchase money security interest in the Products (including any replacements, substitutions, additions, attachments and proceeds). You authorize us to file a copy of this Lease as a UCC -1 financing statement (UCC -1) and hereby appoint us or our designee as your attorney -in -fact to sign on your behalf and to file UCC -1's covering the Products. You agree to pay a one -time Transaction Processing Fee to cover our costs for such filing and other documentation costs. 8. Loss or Damage: From the time the Products are delivered to a carrier for shipment to you until their return to us, you are responsible for any loss, theft, damage to or destruction of the Products ( "Loss ") from any cause at all, whether or not the Loss is covered by insurance. You are required to make all payments under the Lease even if there is a Loss. You must notify us immediately if there is any Loss. Then at our option, you will either (a) repair the Products so they are in good condition and working order to our satisfaction; or (b) replace the Products with like products in good condition and repair and of the same manufacture and equal or greater capacity and capability, with clear title thereto in us; or (c) pay us the "Stipulated Loss Value" which is the sum of: (i) all Rent payments for all the Products and other amounts past due (plus interest thereon) or currently owed to us under the Lease, including unpaid taxes, (ii) all future Rent payments that would accrue over the remaining Lease Term plus our estimated value of our residual interest of all of the Products at the end of the Lease Term, such sum to be discounted to present value at a discount rate equal to the Federal Reserve Bank Discount Rate in effect at the Commencement Date of the Lease ( "Discount Rate ") and (iii) any costs and expenses incurred as a result of this event. When you pay the amount of (c) above to us, we will transfer to you our interest in the Products, "AS -IS- WHERE -IS ", without any warranty, express or implied, including warranty of merchantability or fitness for any particular purpose. 9. Insurance: For the Lease Term set forth above, you will provide and maintain, at your expense, (a) property insurance against the loss or theft of or damage to the Products, for their full replacement value naming us as loss payee and (b) public liability and third party property damage insurance naming us as an additional insured. All insurance shall be in a form and amount and with companies satisfactory to us and will provide that we will be given thirty (30) days written notice before cancellation or material change of the policy. At our request, you will deliver the policies or certificates of insurance to us. If you do not give us evidence of insurance acceptable to us we have the right, but not the obligation, to obtain such insurance covering our interest in the Products for the Lease Term. The cost for such insurance will be an additional amount due from you under the Lease. Notwithstanding anything to the contrary contained herein, you may, upon our prior written approval, self- insure the Products in accordance with the standards set forth in this paragraph. 10. Taxes: You will pay when due, either directly or to us on demand, all taxes (local, state and federal), fines or penalties which may now or hereafter be imposed or levied upon the Lease and the Products, excluding taxes on our net income. If you claim eligibility for exemption from any tax, you will provide us with tax exemption certificate(s) acceptable to the relevant taxing authority. We do not have to contest any taxes, fines or penalties. 11. Return: In the event of termination of the Lease pursuant to paragraph 2 or upon our demand pursuant to paragraph 15, you will immediately deliver the Products (including but not limited to manuals, cables, power cords, keys, etc.) in good repair, operable condition and able to qualify for the manufacturer's warranty service (ordinary wear and tear excepted) to any place in the continental United States that we direct. Upon your return of the Products, you agree that your license with respect to Microsoft operating system software terminates and you certify that you will either (i) return all copies of the manuals, printed material, certificates of authenticity and media (the "Operating System Software Kit ") or (ii) destroy all copies of the Operating System Software Kit, leaving the original operating system installed and functional. You will pay all expenses for deinstalling, packing and PAGE 2 OF 6 PUBLTOP_NOIR_v0201.OSW Page 61 of 458 shipping and you will insure the Products for the full replacement value during shipping. You will immediately pay us on demand the costs and expenses of all missing or damaged Products. 12. Purchase Option: If no Default exists under the Lease, you will have the option at the end of the Lease Term to purchase all (but not less than all) of the Products for the Purchase Option price of $1.00. Upon payment in full of the Purchase Option price and any amounts which may be due hereunder, we will transfer our interest in the Products, if any, to you "AS -IS- WHERE -IS ", without any warranty whatsoever, and the Lease and our security interest in the Products will terminate. 13. Assignment: YOU MAY NOT ASSIGN, SELL, TRANSFER, OR SUBLEASE THE PRODUCTS OR YOUR INTEREST IN THIS LEASE. We may, without notifying you, sell, assign or transfer the Lease and our rights in the Products. You agree that the transferee will have the same rights and benefits that we have now under this Lease, but not our obligations. The rights of the transferee will not be subject to any claim, defense, or setoff that you may have against us. 14. Default: Each of the following is a default ( "Default ") under the Lease: (a) you fail to pay any Rent or any other payment within 10 days of its due date; (b) you do not perform any of your obligations under the Lease or in any other agreement with us or with any of our affiliates and this failure continues for 10 days after we have notified you of it; (c) you become insolvent, you dissolve or are dissolved, you assign your assets for the benefit of your creditors or enter voluntarily or involuntarily any bankruptcy or other reorganization proceeding; (d) you or any Guarantor provide us incorrect or untrue information regarding any material matter in connection with your application for credit or entering into this Lease; or (e) if this Lease has been guaranteed by someone other than you, any guarantor of the Lease dies, does not perform its obligations under the Guaranty or becomes subject to one of the events listed in clause (c) . 15. Remedies: If a Default occurs, we may do one or more of the following: (a) we may cancel or terminate the Lease or any agreements that we have entered into with you or withdraw any offer of credit; (b) we may require you to pay us, as compensation for loss of our bargain and not as a penalty, a sum equal to (i) the Stipulated Loss Value calculated under paragraph 8 plus (ii) any costs and expenses (including breakage fees) incurred as a result of the Default; (c) we may require you to deliver the Products to us as set forth in paragraph 11; (d) we or our agent may peacefully repossess the Products without court order and you will not make any claims against us for trespass, damages or any other reason and (e) we may exercise any other right at law or in equity. You agree to pay all of our costs of enforcing our rights against you, including reasonable attorney's fees. If we take possession of the Products we may sell or otherwise dispose of the Products, with or without notice, at public or private sale and apply the net proceeds (after we have deducted our costs related to the sale and disposition) to the amounts that you owe us. You agree that if notice of a sale is required by law to be given, 10 days notice will constitute reasonable notice. You will remain responsible for any amounts that are due after we have applied such net proceeds. 16. Indemnity: To the extent permitted by law, you are responsible for losses, damages, penalties, claims, costs (including attorneys' fees and expenses), actions, suits and proceedings of every kind (collectively "Claims ") whether based on a theory of strict liability or otherwise caused by or related to this Lease or the Products (including any defects in the Products). To the extent permitted by law, you will reimburse us for, and if we request, defend us against, any Claims. 17. Miscellaneous: You agree that the terms and conditions of this Lease make up the entire agreement between you and us regarding the lease of the Products. Any change in the terms and conditions of the Lease must be in writing and signed by us. You agree, however, that we are authorized, without notice to you, to supply missing information or correct obvious errors in this Lease. All of our rights and remedies will survive termination of this Lease. All notices under this Lease will be given in writing and will be considered given when deposited in the U.S. mail, postage prepaid, addressed to the respective address given below or to a substitute address specified in writing by one of us to the other. Any failure of ours to require strict performance by you or any waiver by us of any provision in this Lease will not be construed as a consent or waiver of any other breach of the same or any provision. If any portion of this Lease is deemed invalid, it will not affect the balance of this Lease. It is the express intent of both of us not to violate any usury laws, or to exceed the maximum amount of time price differential, or interest as applicable permitted to be charged, or collected under applicable law and any such excess payment will be applied to payments under the Lease in inverse order of maturity and the remaining payments will be refunded to you. If a signed copy of this Lease is delivered to us by facsimile transmission, it will be binding on you, however, we will not be bound by this Lease until we accept it by manually or electronically signing it or by purchasing the Products, whichever occurs first. You waive notice of our acceptance and waive your right to receive a copy of the accepted Lease. You agree that, notwithstanding any rule of evidence to the contrary, in any hearing, trial or proceeding of any kind with respect to this Lease, we may produce a copy of the Lease transmitted to us by facsimile transmission that has been manually signed by us and such signed copy shall be deemed to be the original of this Lease. If you deliver this Lease to us by facsimile transmission, you acknowledge that we are relying on your representation that this Lease has not been changed. To the extent (if any) that this Lease constitutes chattel paper under the Uniform Commercial Code, no security interest in this Lease may be created through the transfer and possession of any copy or counterpart hereof except the copy with our original signature. BY SIGNING THIS LEASE: (a) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS LEASE; (b) YOU AGREE THAT THIS LEASE IS A NET LEASE AND THAT, EXCEPT AS SET FORTH IN PARAGRAPH 2, YOU CANNOT TERMINATE OR CANCEL AND UPON ACCEPTANCE OF THE PRODUCTS YOU HAVE AN UNCONDITIONAL OBLIGATION TO MAKE ALL PAYMENTS UNDER THIS LEASE AND YOU CANNOT WITHHOLD, SETOFF OR REDUCE SUCH PAYMENTS FOR ANY REASON; (c) YOU AGREE THAT THE PRODUCTS WILL BE USED FOR GOVERNMENTAL PURPOSES ONLY; (d) YOU CONFIRM THAT THE PERSON SIGNING THIS LEASE FOR YOU HAS THE AUTHORITY TO DO SO AND TO GRANT THE POWER OF ATTORNEY IN SECTION 7; (e) YOU AGREE THAT THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE IN WHICH YOU ARE LOCATED AND YOU CONSENT TO THE JURISDICTION OF ANY COURT LOCATED WITHIN THAT STATE AND YOU EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND (f) YOU CONFIRM THAT THE INFORMATION IN ANY CREDIT APPLICATION, STATEMENT, TRADE REFERENCE OR FINANCIAL REPORT SUBMITTED TO US IS TRUE AND CORRECT AND YOU UNDERSTAND THAT ANY MATERIAL MISREPRESENTATION SHALL CONSTITUTE A DEFAULT UNDER THE LEASE. LESSEE: LESSOR: CITY OF BOYNTON BEACH, FLORIDA Dell Financial Services L.L.C. PHONE (800) 955 -3355 99355 Collections Center Drive FAX (512) 723 -6659 or Chicago, IL 60693 FAX (512) 246 -2028 AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE PRINT NAME AND TITLE PRINT NAME AND TITLE DATE DATE PAGE 3 OF 6 PUBLTOP_NOIR_v0201.OSW Page 62 of 458 LEASE NO: 810 - 9000164 -001 D"L' in I1da I Se ices LEASE AGREEMENT Attachment A Company No: 83 Attached hereto and made a part hereof Lease No: 810 — 9000164 -001 between DELL FINANCIAL SERVICES L.L.C. as Lessor and CITY OF BOYNTON BEACH, FLORIDA as Lessee Product Location General Product Description /Supplier /Quantity See Exhibit A Description Quantity See Exhibit A All other terms and conditions of the Lease shall remain unchanged. PAGE 4 OF 6 PUBLTOP_NOIR_v0201.OSW Page 63 of 458 Attached hereto and made a part hereof Lease No: 810 - 9000164 -001 between DELL FINANCIAL SERVICES L.L.C. as Lessor and CITY OF BOYNTON BEACH, FLORIDA as Lessee Payment # Opening RENT INTEREST PRINCIPAL Balance PURCHASE PRICE Balance PAGE 5 OF 6 PUBLTOP_NOIR_v0201.OSW Page 64 of 458 80,136.98 1 80,136.98 1,482.53 - 1,482.53 78, 654.45 81, 058.56 2 78,654.45 1,482.53 283.95 1,198.58 77,455.86 79,859.97 3 77,455.86 1,482.53 279.62 1,202.91 76,252.95 78,657.06 4 76,252.95 1,482.53 275.28 1,207.25 75,045.70 77,449.81 5 75,045.70 1,482.53 270.92 1,211.61 73,834.09 76,238.20 6 73,834.09 1,482.53 266.55 1,215.98 72,618.11 75,022.22 7 72,618.11 1,482.53 262.16 1,220.37 71, 397.73 73, 801.84 8 71, 397.73 1,482.53 257.75 1,224.78 70,172.95 72, 577.06 9 70,172.95 1,482.53 253.33 1,229.20 68, 943.75 71, 347.86 10 68,943.75 1,482.53 248.89 1,233.64 67,710.11 70,114.22 11 67,710.11 1,482.53 244.44 1,238.09 66,472.02 68,876.13 12 66,472.02 1,482.53 239.97 1,242.56 65,229.46 67,633.57 13 65,229.46 1,482.53 235.49 1,247.05 63,982.41 66,386.52 14 63,982.41 1,482.53 230.98 1,251.55 62,730.86 65,134.97 15 62,730.86 1,482.53 226.47 1,256.07 61,474.79 63,878.90 16 61,474.79 1,482.53 221.93 1,260.60 60,214.19 62,618.30 17 60,214.19 1,482.53 217.38 1,265.15 58, 949.03 61, 353.14 18 58,949.03 1,482.53 212.81 1,269.72 57,679.31 60,083.42 19 57,679.31 1,482.53 208.23 1,274.31 56,405.01 58,809.11 20 56,405.01 1,482.53 203.63 1,278.91 55,126.10 57,530.21 21 55,126.10 1,482.53 199.01 1,283.52 53,842.58 56,246.69 22 53,842.58 1,482.53 194.38 1,288.16 52,554.42 54,958.53 23 52,554.42 1,482.53 189.73 1,292.81 51,261.61 53,665.72 24 51,261.61 1,482.53 185.06 1,297.47 49, 964.14 52, 368.25 25 49, 964.14 1,482.53 180.38 1,302.16 48, 661.98 51, 066.09 26 48,661.98 1,482.53 175.68 1,306.86 47, 355.12 49, 759.23 27 47,355.12 1,482.53 170.96 1,311.58 46,043.55 48,447.66 28 46, 043.55 1,482.53 166.22 1,316.31 44, 727.24 47,131.34 29 44,727.24 1,482.53 161.47 1,321.06 43,406.17 45,810.28 30 43,406.17 1,482.53 156.70 1,325.83 42,080.34 44,484.45 31 42, 080.34 1,482.53 151.91 1,330.62 40, 749.72 43,153.83 32 40,749.72 1,482.53 147.11 1,335.42 39,414.30 41,818.41 33 39,414.30 1,482.53 142.29 1,340.24 38,074.05 40,478.16 34 38, 074.05 1,482.53 137.45 1,345.08 36, 728.97 39,133.08 PAGE 5 OF 6 PUBLTOP_NOIR_v0201.OSW Page 64 of 458 35 36, 728.97 1,482.53 132.60 1,349.94 35, 379.03 37, 783.14 36 35,379.03 1,482.53 127.72 1,354.81 34,024.22 36,428.33 37 34,024.22 1,482.53 122.83 1,359.70 32,664.52 35,068.63 38 32,664.52 1,482.53 117.92 1,364.61 31, 299.91 33, 704.02 39 31,299.91 1,482.53 113.00 1,369.54 29, 930.37 32, 334.48 40 29, 930.37 1,482.53 108.05 1,374.48 28, 555.89 30, 960.00 41 28, 555.89 1,482.53 103.09 1,379.44 27,176.44 29, 580.55 42 27,176.44 1,482.53 98.11 1,384.42 25, 792.02 28,196.13 43 25,792.02 1,482.53 93.11 1,389.42 24,402.60 26,806.71 44 24,402.60 1,482.53 88.10 1,394.44 23,008.16 25,412.27 45 23, 008.16 1,482.53 83.06 1,399.47 21, 608.69 24, 012.80 46 21,608.69 1,482.53 78.01 1,404.52 20,204.16 22,608.27 47 20,204.16 1,482.53 72.94 1,409.59 18, 794.57 21,198.68 48 18,794.57 1,482.53 67.85 1,414.68 17,379.88 19,783.99 49 17,379.88 1,482.53 62.74 1,419.79 15,960.09 18,364.20 50 15,960.09 1,482.53 57.62 1,424.92 14,535.18 16,939.29 51 14,535.18 1,482.53 52.47 1,430.06 13,105.12 15,509.23 52 13,105.12 1,482.53 47.31 1,435.22 11, 669.89 14, 074.00 53 11,669.89 1,482.53 42.13 1,440.40 10,229.49 12,633.60 54 10,229.49 1,482.53 36.93 1,445.60 8,783.88 11,187.99 55 8,783.88 1,482.53 31.71 1,450.82 7,333.06 9,737.17 56 7,333.06 1,482.53 26.47 1,456.06 5,877.00 8,281.11 57 5,877.00 1,482.53 21.22 1,461.32 4,415.68 6,819.79 58 4,415.68 1,482.53 15.94 1,466.59 2,949.09 5,353.20 59 2,949.09 1,482.53 10.65 1,471.89 1,477.20 3,881.31 60 1,477.20 1,482.53 5.33 1,477.20 (0.00) - PAGE 6 OF 6 PUBLTOP_NOIR_v0201.OSW Page 65 of 458 Exhibit A Ord POk4 Tie Number Q1 kem #! iervrae Tug I.. DesadRban EgWpm 1pgahaq I FRSSef Axel hvaka SP.H dk— 1. Taml Egmpmept: Ship Ve Type -1 CAW�905 NA e one 11ve g .Pus 3V.ar 0 g g d oy nB.acb FL 34268714 0.185IT COMPIIT SAT WORK NC M/#CgWQ2905 $ 5 $ 1 2VR C655"NDL FOR SIIPELSIVE 9200 $ 326.03 $ 17,623.00 D.LL SOn1cWPL 1111.9200 vallab User R kM.unbbl. $ 8 $ 1�, 00 Sdd 0 $ 0 00 2 NE WORK S ECURITY PDNVN TRW NING2DAV INS TR11C LED CL4SS 1SE4T 59 05 $ e or .curly /dlarG.d Ad.1,1 adon $ 3 $ 3, � 00 TM0 S 1,4.LS 5 8Q,106.R8 T8D .b (e .l.dm6 ppli..Il taxezl 3 'A.2 S 5 Bo Page 66 of 458 AMENDMENT DATED JANUARY , 2015 TO LEASE AGREEMENT NO. 810 - 9000164 -001 BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND DELL FINANCIAL SERVICES L.L.C. This Amendment is made part of and modifies the above referenced Lease Agreement ( "Lease ") between CITY OF BOYNTON BEACH, FLORIDA and Dell Financial Services L.L.C. Terms not defined otherwise herein shall have the meaning ascribed to them in the Lease. To the extent of any conflict or inconsistency between this Amendment and the terms and conditions of the Lease, this Amendment will prevail. The Lease is hereby modified as follows: 1. Section 9, "Insurance ". In the first sentence, replace "naming us as an additional insured" with "naming us as loss payee ". Except as amended hereby, the Lease Agreement is restated and shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment has been duly executed by each party as of the day and year first above written. LESSOR: LESSEE: DELL FINANCIAL SERVICES L.L.C. CITY OF BOYNTON BEACH, FLORIDA By: By: Title: Title: Amd_810- 9000164 -001 (rqs) 1.20.2015 Page 67 of 458 D"L Tinancial Services Secretary /Clerk Certificate Instructions 1. In the blocks under paragraph (ii) with the headings "NAME OF AUTHORIZED SIGNATORY ", "TITLE OF AUTHORIZED SIGNATORY" and "SIGNATURE OF AUTHORIZED SIGNATORY ", all persons who are authorized to execute and deliver the Lease Agreement and all agreements, documents and instruments in connection therewith from time to time thereunder between the Public Entity and Dell Financial Services L.L.C. should write or type his /her name under the "Name of Authorized Signatory" heading, write or type his /her title under the "Title of Authorized Signatory" heading, and sign his /her name under the "Signature of Authorized Signatory" heading in the block across from his /her name and title. The person(s) listed and executing in the blocks under paragraph (ii) must not be the same person executing the Certificate on behalf of the Public Entity (Clerk, Secretary, etc.) listed at the top of the Certificate and executing in the signature block at the bottom of the Certificate under the "In Witness Whereof" language; 2. The Clerk, Secretary, etc. should strike paragraph (v) of the Certificate if this paragraph is not applicable to the Public Entity; 3. If paragraph (v) of the Certificate is applicable to the Public Entity, the Clerk, Secretary, etc. should insert "regular" or "special" in the first blank and then insert the date of the meeting of the governing body of the Public Entity in the second blank; 4. The Clerk, Secretary, etc. should write or type the Fiscal Period of the Public Entity in paragraph (ix); 5. The Clerk, Secretary, etc. should write or type his /her name, title, name and State of the Public Entity in the top portion of the Certificate and date, sign & print his /her name and title at the bottom of the Certificate under the "In Witness Whereof' language; and 6. If required by local law, the Certificate should be notarized by a notary public. The notary public should be a person other than the Clerk, Secretary, etc. executing under the "In Witness Whereof' language of the Certificate. Page 68 of 458 IRS 8038 -G & 8038 -GC FILINGS The Internal Revenue Service (IRS) now requires that all 8038 filings, prepared by a third party, be executed by the third party as the "Preparer ". Additionally, the IRS does not allow the Preparer to execute the Filing until after receiving the executed Lease. Accordingly, once the Lease Schedule is executed and returned, you will be receiving the 8038 filing for your execution and return. Please contact your Lease Representative should you have any questions or concerns. Page 69 of 458 SECRETARY /CLERK CERTIFICATE (i) Secretary, etc.) of , do hereby certify that: I am the duly elected, qualified, and acting _ --------- - - - - -- _— --- —__, a _ —__ —__ public entity (the "Public Entity ") (Clerk, (ii) Each of the persons whose name, title and signature appear below is a duly authorized representative of the Public Entity and holds on the date of this Certificate the formal title set forth opposite his /her name and the signature appearing opposite each such person's name is his /her genuine signature: NAME OF AUTHORIZED TITLE OF AUTHORIZED SIGNATURE OF AUTHORIZED SIGNATORY SIGNATORY SIGNATORY (cannot be Clerk /Secretary authenticating this certificate) (iii) Each such representative is duly authorized for and on behalf of the Public Entity to execute and deliver that certain Lease Agreement No. _____ (the "Agreement ") and any related Lease Schedules from time to time thereunder (the "Schedules ") between the Public Entity and Dell Financial Services L.L.C., a Delaware limited liability company or its assignee (collectively, "Lessor "), and all agreements, documents, and instruments in connection therewith, including without limitation, schedules, riders and certificates of acceptance. (iv) The execution and delivery of any such Agreement and /or Schedule and all agreements, documents, and instruments in connection therewith for and on behalf of the Public Entity are not prohibited by or in any manner restricted by the terms of the Charter or other document pursuant to which it is organized or of any loan agreement, indenture or contract to which the Public Entity is a party or by which it or any of its property is bound. (v) [STRIKE IF NOT APPLICABLE] The Public Entity did, at a duly called (regular or special) meeting of the governing body of the Public Entity attended throughout by the requisite majority of the members thereof held on 201_, by motion duly made, seconded and carried, in accordance with all requirements of law, approve and authorize the execution and delivery of the Agreement, the related Schedule(s) and all agreements, documents, and instruments in connection therewith on its behalf by the authorized representative (s) of the Public Entity named in paragraph (ii) above. Such action approving the Agreement, the related Schedule(s) and all agreements, documents, and instruments in connection therewith and authorizing the execution thereof has not been altered or rescinded by the Public Entity. (vi) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default (as such term is defined in the Agreement) exists at the date hereof. (vii) All insurance required in accordance with the Agreement is currently maintained by the Public Entity. (viii) The Public Entity has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Rent payments scheduled to come due during the first Fiscal Period and to meet its other obligations for the first Fiscal Period (as such terms are defined in the Agreement) and such funds have not been expended for other purposes. (ix) The Fiscal Period of the Public Entity is from to DFS LLC Public Secretary -Clerk Certificate. 060108 Page 70 of 458 W The foregoing authority and information shall remain true and in full force and effect, and Lessor shall be entitled to rely upon same, until written notice of the modification, rescission, or revocation of same, in whole or in part, has been delivered to Lessor, but in any event, shall be effective with respect to any documents executed or actions taken in reliance upon the foregoing authority prior to the delivery to Lessor of said written notice of said modification, rescission or revocation. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 By. __ Name: Title: Subscribed to and sworn before me this day of ________ 20 Notary Public: (Name) My commission expires: DFS LLC Public Secretary -Clerk Certificate. 060108 Page 71 of 458 Form 8038 -GC Information Return for Small Tax - Exempt (Rev. January 2012) Governmental Bond Issues, Leases, and Installment Sales Department of the Treasury ► Under Internal Revenue Code section 149(e) Internal Revenue Service Caution: If the issue price of the issue is $100,000 or more, use Form 8038 -G. 1 Issuer's name 3 Number and street (or P.O. box if mail is not delivered to street address) 4 City, town, or post office, state, and ZIP code ame and title of officer or other employee of issuer or designated contact person whom the IRS may call for more OMB No. 1545 -0720 2 Issuer's employer identification number (EIN) Room /suite 5 Report number (For IRS Use Only) 7 Telephone number of officer or legal representative Description of Obligations UhecK one: a single issue ❑ or a consolidated return ❑ . 8a Issue price of obligation(s) (see instructions) . . . . . . . . . . . . . . . . . . b Issue date (single issue) or calendar date (consolidated). Enter date in mm /dd /yyyy format (for example, 01/01/2009) (see instructions) ► 9 Amount of the reported obligation(s) on line 8a that is: a For leases for vehicles . . . . . . . . . . . . . . . . . . . . . . . . . b For leases for office equipment . . . . . . . . . . . . . . . . . . . . . . . c For leases for real property . . . . . . . . . . . . . . . . . . . . . . . . d For leases for other (see instructions) . . . . . . . . . . . . . . . . . . . . . e For bank loans for vehicles . . . . . . . . . . . . . . . . . . . . . . . . f For bank loans for office equipment . . . . . . . . . . . . . . . . . . . . . g For bank loans for real property . . . . . . . . . . . . . . . . . . . . . . . h For bank loans for other (see instructions) . . . . . . . . . . . . . . . . . . . i Used to refund prior issue(s) . . . . . . . . . . . . . . . . . . . . . . . j Representing a loan from the proceeds of another tax - exempt obligation (for example, bond bank) . . k Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 If the issuer has designated any issue under section 265(b)(3)(13)(i)(III) (small issuer exception), check 11 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box (see instructions) 12 Vendor's or bank's name: 13 Vendor's or hank's emnlover identification numher- 8a true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to process this return, to the persons) that I have authorized above. and 9a Consent 9b Signature of issuer's authorized representative Date Type or print name and title Paid 9c Preparer's signature Date 9d PTIN Preparer 9e 9f 9g Use Only 9h Firm's EIN ► 9i 9j Phone no. 9k this box . . . . ► ❑ . . . . . . . ► ❑ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. What's New The IRS has created a page on IRS.gov for information about the Form 8038 series and its instructions, at www.irs.gov /form8038. Information about any future developments affecting the Form 8038 series (such as legislation enacted after we release it) will be posted on that page. Purpose of Form Form 8038 -GC is used by the issuers of tax - exempt governmental obligations to provide the IRS with the information required by section 149(e) and to monitor the requirements of sections 141 through 150. Who Must File Issuers of tax - exempt governmental obligations with issue prices of less than $100,000 must file Form 8038 -GC. Issuers of a tax - exempt governmental obligation with an issue price of $100,000 or more must file Form 8038 -G, Information Return for Tax - Exempt Governmental Obligations. Filing a separate return for a single issue. Issuers have the option to file a separate Form 8038 -GC for any tax - exempt governmental obligation with an issue price of less than $100,000. An issuer of a tax - exempt bond used to finance construction expenditures must file a separate Form 8038 -GC for each issue to give notice to the IRS that an election was made to pay a penalty in lieu of arbitrage rebate (see the line 11 instructions). Filing a consolidated return for multiple issues. For all tax - exempt governmental obligations with issue prices of less than $100,000 that are not reported on a separate Form 8038 -GC, an issuer must file a consolidated information return including all such issues issued within the calendar year. Thus, an issuer may file a separate Form 8038 -GC for each of a number of small issues and report the remainder of small issues issued during the calendar year on one consolidated Form 8038 -GC. However, if the issue is a construction issue, a separate Form 8038 -GC must be filed to give the IRS notice of the election to pay a penalty in lieu of arbitrage rebate. Cat. No. 64108B Form 8038-GC Z v i i f 48b Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are Sig nature g true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to process this return, to the persons) that I have authorized above. and Consent Signature of issuer's authorized representative Date Type or print name and title Paid Print/Type preparer's name Preparer's signature Date Check ❑ if PTIN Preparer self - employed Use Only Firm's name ► Firm's EIN ► Firm's address ► Phone no. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. What's New The IRS has created a page on IRS.gov for information about the Form 8038 series and its instructions, at www.irs.gov /form8038. Information about any future developments affecting the Form 8038 series (such as legislation enacted after we release it) will be posted on that page. Purpose of Form Form 8038 -GC is used by the issuers of tax - exempt governmental obligations to provide the IRS with the information required by section 149(e) and to monitor the requirements of sections 141 through 150. Who Must File Issuers of tax - exempt governmental obligations with issue prices of less than $100,000 must file Form 8038 -GC. Issuers of a tax - exempt governmental obligation with an issue price of $100,000 or more must file Form 8038 -G, Information Return for Tax - Exempt Governmental Obligations. Filing a separate return for a single issue. Issuers have the option to file a separate Form 8038 -GC for any tax - exempt governmental obligation with an issue price of less than $100,000. An issuer of a tax - exempt bond used to finance construction expenditures must file a separate Form 8038 -GC for each issue to give notice to the IRS that an election was made to pay a penalty in lieu of arbitrage rebate (see the line 11 instructions). Filing a consolidated return for multiple issues. For all tax - exempt governmental obligations with issue prices of less than $100,000 that are not reported on a separate Form 8038 -GC, an issuer must file a consolidated information return including all such issues issued within the calendar year. Thus, an issuer may file a separate Form 8038 -GC for each of a number of small issues and report the remainder of small issues issued during the calendar year on one consolidated Form 8038 -GC. However, if the issue is a construction issue, a separate Form 8038 -GC must be filed to give the IRS notice of the election to pay a penalty in lieu of arbitrage rebate. Cat. No. 64108B Form 8038-GC Z v i i f 48b Form 8038 -GC (Rev. 1 -2012) Page 2 When To File To file a separate return for a single issue, file Form 8038 -GC on or before the 15th day of the second calendar month after the close of the calendar quarter in which the issue is issued. To file a consolidated return for multiple issues, file Form 8038 -GC on or before February 15th of the calendar year following the year in which the issue is issued. Late filing. An issuer may be granted an extension of time to file Form 8038 -GC under section 3 of Rev. Proc. 2002 -48, 2002 -37 I.R.B. 531, if it is determined that the failure to file on time is not due to willful neglect. Type or print at the top of the form, "Request for Relief under section 3 of Rev. Proc. 2002 -48." Attach to the Form 8038 -GC a letter briefly stating why the form was not submitted to the IRS on time. Also indicate whether the obligation in question is under examination by the IRS. Do not submit copies of any bond documents, leases, or installment sale documents. See Where To File next. Where To File File Form 8038 -GC, and any attachments, with the Department of the Treasury, Internal Revenue Service Center, Ogden, UT 84201. Private delivery services. You can use certain private delivery services designated by the IRS to meet the "timely mailing as timely filing /paying" rule for tax returns and payments. These private delivery services include only the following: • DHL Express (DHL): DHL Same Day Service. • Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2Day, FedEx International Priority, and FedEx International First. • United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide Express Plus, and UPS Worldwide Express. The private delivery service can tell you how to get written proof of the mailing date. Other Forms That May Be Required For rebating arbitrage (or paying a penalty in lieu of arbitrage rebate) to the Federal Government, use Form 8038 -T, Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate. For private activity bonds, use Form 8038, Information Return for Tax - Exempt Private Activity Bond Issues. For a tax - exempt governmental obligation with an issue price of $100,000 or more, use Form 8038 -G. Rounding to Whole Dollars You may show the money items on this return as whole - dollar amounts. To do so, drop any amount less than 50 cents and increase any amount from 50 to 99 cents to the next higher dollar. Definitions Obligations. This refers to a single tax - exempt governmental obligation if Form 8038 -GC is used for separate reporting or to multiple tax - exempt governmental obligations if the form is used for consolidated reporting. Tax - exempt obligation. This is any obligation including a bond, installment purchase agreement, or financial lease, on which the interest is excluded from income under section 103. Tax - exempt governmental obligation. A tax- exempt obligation that is not a private activity bond (see below) is a tax - exempt governmental obligation. This includes a bond issued by a qualified volunteer fire department under section 150(e). Private activity bond. This includes an obligation issued as part of an issue in which: • More than 10% of the proceeds are to be used for any private activity business use, and • More than 10% of the payment of principal or interest of the issue is either (a) secured by an interest in property to be used for a private business use (or payments for such property) or (b) to be derived from payments for property (or borrowed money) used for a private business use. It also includes a bond, the proceeds of which (a) are to be used to make or finance loans (other than loans described in section 141(c)(2)) to persons other than governmental units and (b) exceeds the lesser of 5% of the proceeds or $5 million. Issue. Generally, obligations are treated as part of the same issue only if they are issued by the same issuer, on the same date, and as part of a single transaction, or a series of related transactions. However, obligations issued during the same calendar year (a) under a loan agreement under which amounts are to be advanced periodically (a "draw - down loan ") or (b) with a term not exceeding 270 days, may be treated as part of the same issue if the obligations are equally and ratably secured under a single indenture or loan agreement and are issued under a common financing arrangement (for example, under the same official statement periodically updated to reflect changing factual circumstances). Also, for obligations issued under a draw - down loan that meets the requirements of the preceding sentence, obligations issued during different calendar years may be treated as part of the same issue if all of the amounts to be advanced under the draw -down loan are reasonably expected to be advanced within 3 years of the date of issue of the first obligation. Likewise, obligations (other than private activity bonds) issued under a single agreement that is in the form of a lease or installment sale may be treated as part of the same issue if all of the property covered by that agreement is reasonably expected to be delivered within 3 years of the date of issue of the first obligation. Arbitrage rebate. Generally, interest on a state or local bond is not tax - exempt unless the issuer of the bond rebates to the United States arbitrage profits earned from investing proceeds of the bond in higher yielding nonpurpose investments. See section 148(f). Construction issue. This is an issue of tax - exempt bonds that meets both of the following conditions: 1. At least 75% of the available construction proceeds of the issue are to be used for construction expenditures with respect to property to be owned by a governmental unit or a 501(c)(3) organization, and 2. All of the bonds that are part of the issue are qualified 501(c)(3) bonds, bonds that are not private activity bonds, or private activity bonds issued to finance property to be owned by a governmental unit or a 501(c)(3) organization. In lieu of rebating any arbitrage that may be owed to the United States, the issuer of a construction issue may make an irrevocable election to pay a penalty. The penalty is equal to 1 -112% of the amount of construction proceeds that do not meet certain spending requirements. See section 148(f)(4)(C) and the Instructions for Form 8038 -T. Specific Instructions In general, a Form 8038 -GC must be completed on the basis of available information and reasonable expectations as of the date of issue. However, forms that are filed on a consolidated basis may be completed on the basis of information readily available to the issuer at the close of the calendar year to which the form relates, supplemented by estimates made in good faith. Part I— Reporting Authority Amended return. An issuer may file an amended return to change or add to the information reported on a previously filed return for the same date of issue. If you are filing to correct errors or change a previously filed return, check the "Amended Return" box in the heading of the form. The amended return must provide all the information reported on the original return, in addition to the new corrected information. Attach an explanation of the reason for the amended return and write across the top "Amended Return Explanation." Line 1. The issuer's name is the name of the entity issuing the obligations, not the name of the entity receiving the benefit of the financing. In the case of a lease or installment sale, the issuer is the lessee or purchaser. Line 2. An issuer that does not have an employer identification number (EIN) should apply for one on Form SS -4, Application for Employer Identification Number. You can get this form on the IRS website at IRS.gov or by calling 1- 800 - TAX -FORM (1- 800 - 829 - 3676). You may receive an EIN by telephone by following the instructions for Form SS -4. Lines 3 and 4. Enter the issuer's address or the address of the designated contact person listed on line 6. If the issuer wishes to use its own address and the issuer receives its mail in care of a third party authorized representative (such as an accountant or attorney), enter on the street address line "C /O" followed by the third party's name and street address or P.O. box. Include the suite, room, or other unit number after the street address. If the post office does not deliver mail to the street address and the issuer has a P.O. box, show the box number instead of the Page 73 of 458 Form 8038 -GC (Rev. 1 -2012) Page 3 street address. If a change in address occurs after the return is filed, use Form 8822, Change of Address, to notify the IRS of the new address. Note. The address entered on lines 3 and 4 is the address the IRS will use for all written communications regarding the processing of this return, including any notices. By authorizing a person other than an authorized officer or other employee of the issuer to communicate with the IRS and whom the IRS may contact about this return, the issuer authorizes the IRS to communicate directly with the individual listed on line 6, whose address is entered on lines 3 and 4 and consents to disclose the issuer's return information to that individual, as necessary, to process this return. Line 5. This line is for IRS use only. Do not make any entries in this box. Part 11— Description of Obligations Check the appropriate box designating this as a return on a single issue basis or a consolidated return basis. Line 8a. The issue price of obligations is generally determined under Regulations section 1.148 -1(b). Thus, when issued for cash, the issue price is the price at which a substantial amount of the obligations are sold to the public. To determine the issue price of an obligation issued for property, see sections 1273 and 1274 and the related regulations. Line 8b. For a single issue, enter the date of issue (for example, 03/15/2010 for a single issue issued on March 15, 2010), generally the date on which the issuer physically exchanges the bonds that are part of the issue for the underwriter's (or other purchaser's) funds; for a lease or installment sale, enter the date interest starts to accrue. For issues reported on a consolidated basis, enter the first day of the calendar year during which the obligations were issued (for example, for calendar year 2010, enter 0110112010). Lines 9a through 9h. Complete this section if property other than cash is exchanged for the obligation, for example, acquiring a police car, a fire truck, or telephone equipment through a series of monthly payments. (This type of obligation is sometimes referred to as a "municipal lease. ") Also complete this section if real property is directly acquired in exchange for an obligation to make periodic payments of interest and principal. Do not complete lines 9a through 9d if the proceeds of an obligation are received in the form of cash even if the term "lease" is used in the title of the issue. For lines 9a through 9d, enter the amount on the appropriate line that represents a lease or installment purchase. For line 9d, enter the type of item that is leased. For lines 9e through 9h, enter the amount on the appropriate line that represents a bank loan. For line 9h, enter the type of bank loan. Lines 9i and 9j. For line 9i, enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any other issue of bonds, including proceeds that will be used to fund an escrow account for this purpose. Several lines may apply to a particular obligation. For example, report on lines 9i and 9j obligations used to refund prior issues which represent loans from the proceeds of another tax - exempt obligation. Line 9k. Enter on line 9k the amount on line 8a that does not represent an obligation described on lines 9a through 9j. Line 10. Check this box if the issuer has designated any issue as a "small issuer exception" under section 265(b)(3)(B)(i)(III). Line 11. Check this box if the issue is a construction issue and an irrevocable election to pay a penalty in lieu of arbitrage rebate has been made on or before the date the bonds were issued. The penalty is payable with a Form 8038 -T for each 6 -month period after the date the bonds are issued. Do not make any payment of penalty in lieu of rebate with Form 8038 -GC. See Rev. Proc. 92 -22, 1992 -1 C.B. 736, for rules regarding the "election document." Line 12. Enter the name of the vendor or bank who is a party to the installment purchase agreement, loan, or financial lease. If there are multiple vendors or banks, the issuer should attach a schedule. Line 13. Enter the employer identification number of the vendor or bank who is a party to the installment purchase agreement, loan, or financial lease. If there are multiple vendors or banks, the issuer should attach a schedule. Signature and Consent An authorized representative of the issuer must sign Form 8038 -GC and any applicable certification. Also print the name and title of the person signing Form 8038 -GC. The authorized representative of the issuer signing this form must have the authority to consent to the disclosure of the issuer's return information, as necessary to process this return, to the person(s) that has been designated in this form. Note. If the issuer authorizes in line 6 the IRS to communicate with a person other than an officer or other employee of the issuer, (such authorization shall include contact both in writing regardless of the address entered in lines 3 and 4, and by telephone) by signing this form, the issuer's authorized representative consents to the disclosure of the issuer's return information, as necessary to process this return, to such person. Paid Preparer If an authorized representative of the issuer filled in its return, the paid preparer's space should remain blank. Anyone who prepares the return but does not charge the organization should not sign the return. Certain others who prepare the return should not sign. For example, a regular, full -time employee of the issuer, such as a clerk, secretary, etc., should not sign. Generally, anyone who is paid to prepare a return must sign it and fill in the other blanks in the Paid Preparer Use Only area of the return. A paid preparer cannot use a social security number in the Paid Preparer Use Only box. The paid preparer must use a preparer tax identification number (PTIN). If the paid preparer is self - employed, the preparer should enter his or her address in the box. The paid preparer must: • Sign the return in the space provided for the preparer's signature, and • G ive a copy of the return to the issuer. Paperwork Reduction Act Notice We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Learning about the law or the form . . . . 4 hr., 46 min. Preparing the form . . . . 2 hr., 22 min. Copying, assembling, and sending the form to the IRS . 2 hr., 34 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:M:S, 1111 Constitution Ave. NW, IR -6526, Washington, DC 20224. Do not send the form to this address. Instead, see Where To File. Page 74 of 458 (Participating State Contract No. 250 - WSCA -10 -ACS) WHEREAS, The State of (Florida (the 'State") Department of Management Services (the "Department ") is authorized by Section 287.042(16) Florida Statutes (F.S.), to evaluate contracts let by the Federal Government, another state, or a political subdivision and, when determined in writing to be cost- effective and in the best interest of the State, to enter into agreements authorizing agencies (as defined by s. 287.012(1) F.S.) to make purchases under such contracts, and; WHEREAS, agencies and Eligible Users (as that phrase is defined in Rule 60A- 1.005, F.A.C.) may purchase commodities and contractual services from contracts established by the Department, and; WHEREAS, the Department has evaluated the Western States Contracting Alliance Contract No. B27160; Computer Equipment, Peripherals, and Related Services, together with any amendments and exhibits thereto, (hereinafter the "Master Prig Agreement "), and hereby acknowledges in writing that authorizing use of the Master Price Agreement and this Addendum is cost- effective and in the best interest of the State, and; WHEREAS, the parries, entered into this purchasing agreement on October 12, 2009, and; WHEREAS, pursuant to Section 25 of the Master Price Agreement, the parties, upon mutual agreement, may Amend the Contract in whole or in part, and; NOW THEREFORE, the Department enters this Amendment that replaces and supersedes the previous purchasing agreement for the purpose of authorizing and regulating the use of the Master Price Agreement by state agencies and other Eligible Users. This Addendum covers the WSCA/NASPO PC Contracts 2009 -2014 (Computer Equipment, Peripherals and Related Services) led by the State of Minnesota for use by state agencies and other entities located in the Participating State authorized by that state's statutes to utilize state contracts. B. (Participation Use of specific WSCAINAS'O cooperative contract by state agencies, political subdivisions and other entities (including cooperatives) authorized by an individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within in the authority of the State Chief Procurement Official. Page 75 of 458 C. Changes: Page 76 of 458 The reporting periods coincide with the State of Florida's fiscal year which is July through June 3e of each year. The quarters are divided as follows: Quarter —April a 'e Quarter • a 1 9. Payment shall be made in accordance with Section 215.422, F.S. Interest penalties for : payment Pre available subject to the provisions in Section Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency may • - contacted at 850 or by • the State Comptroller's Hotline, Page 78 of 458 ITS r , C- 1 • Page 81 of 458 E. Primary Contacts The primary contact individualls I.b.- this Adewdurn, are as follows (or their named successors): Contractor State Contract Manacer Name: Ashleigh Lqne Address: One Dell Way, RRS-07, Round Rock, TX 78681 Telephone: (512) 723-1033 Fax: (512) 283 9092 E-mail: Ashl ji_qft j Lane P Dell.com Contractor WSCA Program Manage Name Stephanie G. Miller Address: One Da:l Way, RR 07, Round Rock, TX 78382 Telephone: (512) 723-4355 Fax: (512) 283-9092 E-mail* stephanie g miller@dell.com Particbating State Name: Joel Atkinson Address: 4050 Esplanade Way, Tallahassee, FL 32399 Telephone: 850-487-4196 Fax: B50-414-6 122 E-mail: Joel.Atkinson(cb s.m orida.com . _dm vfl Page 82 of 458 H. Services: A '7 P r 'S Jz v A 11 7 ,1 1 1 "Irri All services provided will be escdbed in one or more of the following: (i) 'Service Descriptions" used to describe any services purchased by an entity; (ii) any mutually agreed upon "Statement of Work" (uSOW") executed by the parties; or (iii) any "Technical Specification Form" approved by the parties 1. Evaluation Equi. Me F - Aec is effective as of the date of the last signature. bdow. Con "ictor: Dell Marketing, L.P. 8,3 n t u re 0 Ashleigh Lane Name 01 Manager Title 04/10/2012 M Approved as to fixrm ane leg. alhy J , Offi — c — elt — theGenehdl C&I — rseltl to Page 83 of 458 Miscellaneous IT Equipment WSCA) Miscellaneous 11' Equipment (WSCA) 250-WSCA-10-ACS Contmat 7�w Alternate Contract Source Contract InformaUon 4 . contract Docurnents LL', contract Adirrdnistratfon 850-410-G978 Lf Code Comm s odity 250-040. 250-70, 230-880, UNSPSC-43211500 UNSPSC- 4321160C LINSPSCA- TNsz,itemate umtracsou, lncfl ste P ,!.Sec-OeaShj teas paw.,Nel tK sWeanCveal equ:prwt pecipherals and related sarvxcsfroai HP, m ei! and Appieno ejrrenri avaIW'. on st3teAam - -rintracts. lk-r-efits, This contract ts av&%de ,ln'V N1 - DrCK 4 -.1L1; 110t Wi sate IeW-, CC • Stye *xat-,fts pm0l+ bi <emrrs Page 84 of 458 Amendments - Memorandum 9 (4 December 2014) / Memorandums / Amendments and Memorandums / Miscellaneous rr Equipment (WSCA) / Alternate Contract Source / State Contracts and Agreements / Van RVOOMI�oX-104 0 a ri aL, .111 tz"' L WV httD://www.dms.mvflorida.comf contract .1 , W III > > > [3 Search Current Location only > > > ---------------------- ..... . > z _ _ . ', > Amendments Memorandum 9 (4 December 2014) Memorandum 9 (4 December 201,41 llkI.etnoranduin 9 (4 .0-acembor 20 December 1, 2014 On- Th ,, MEMORANDUM NO,: (250-WSCA-10-ACS)-g TO: User Agency Aqiz-vin FROM: Division of State Purchasing o rrlo SUBJECT: Contract No. 250-MCA-10-ACS Title: Miscellanuous IT Equipment Alternate Scarce Contract (ACS) #250-WSCA-1(!-ACS (Miseellanec-is IT Equipment) has been cxtendcd and is now effective through March �1, 2015. This ACS is coterminous with the WSCA master agreements and wil! be automatically extended. The contractors agreed to this extension at the same prices, terms, and conditions. 0 " Any questions of problems in delivery or service that may arise regarding this contract should be directed to Brian Leger at Amendments - (850) 410-0978, API o m o ra n d u n 9 (4 L 2014) 5 "V` '�'W' i Y" i� httD://www.dms.mvflorida.comf contract .1 , W III Contractors / Miscellaneous IT Equipment (WSCA) / Alternate Contract Source / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations/ Florida Department of Managem tu� 01 A sj I �p (4 1 1 i 1 q 1 1 jJ 4 J� � �1 , " : � ., > > > > , !" > Contractors << Miscellaneous IT Equipment (WSCA'j 250-WSCA-10-ACS C'igntracwrs http://www.dms.myflorida.com/ ... ations/state—purchasing/vendor _information/state_contractsLand-Agreements/aftemate_contract_soume/miscellaneous—[LequipmenLwsca/contraftrge/gOofs4.6,8i I Florida Climate Utilizes Name CBE Code Friendly Recycled Authorized Coverage Preferred Products Resellers Area Products A - Non-Minority No No No Statewide A - Non-Minority No No Yes Statewide A - Non-Minority No No No Statewide A - Non-Minority No No Yes Statewide A - Non-Minority No No Yes Statewide J!, A - Non-Minority No No Yes Statewide L A - Non-Minority No No Yes Statewide http://www.dms.myflorida.com/ ... ations/state—purchasing/vendor _information/state_contractsLand-Agreements/aftemate_contract_soume/miscellaneous—[LequipmenLwsca/contraftrge/gOofs4.6,8i LT Qj A 11 A Customers should direct orders to: Ord6rin. . I ldli oil ' Steve Dorozenski Contact Information ;Vendor/Business Name: W- A Computers at Work, Inc. dba vTechio �state of FL Vendor number: 11 21-8012456092-8 Contact: ��239-514-2888 avid Peterson Toll Free Number: Street Address: i Fax Number: 2338 Immokalee Road, #151 i Mobile: ILI • ' I 111f� Phone Number: Email Address: 239-514-2888 Toll Free Number: ............................ 1 888-277-5918 i Fax Number: Remit Address: '239-236-2232 Mobile: I �. � , Email Address: I david.netersnu aw-mi Customers should direct orders to: ' Steve Dorozenski State of FL Vendor number: 121-8012456092-8 Mailing Address: Naples, FL 34110 ��239-514-2888 Toll Free Number: Z88-277-5918 i Fax Number: i Mobile: 239-777-4816 Email Address: steve.dorozenskiO-vtechio.com www.vtechio.com Remit Address: 2338 Immokalee Road, #151 Naoles. FL 34110 Page 87 of 458 6.C. CONSENT AGENDA 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -009 - Authorize the City Manager to sign the application documents associated with the Assistance to Firefighters Grant (AFG) General Program (Part A) FY 2014 grant application on behalf of the City of Boynton Beach. EXPLANATION OF REQUEST: The purpose of this program is to support local fire departments and non- affiliated emergency medical services (EMS) organizations by helping with the acquisition of needed equipment, vehicles, and services. This program will assist departments that lack the tools and resources necessary to protect the health and safety of the public and their firefighting personnel with respect to fire and fire - related hazards. Under the program, applicants can receive 90% cost -share funds for personal protective equipment (PPE) and equipment that enhances the safety and /or effectiveness of firefighting and rescue, and /or the enhancement of emergency medical services. The grant will be used to purchase Thermal Image Cameras (TICs) & Self Contained Breathing Apparatus equipment. This request is for authorization to proceed with application and submittal of the FEMA grant. There is no guarantee of award or required acceptance. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If awarded, this equipment upgrade will greatly improve both the personal protective equipment (SCBAs) and Thermal Imager Camera availability to crews. The SCBAs are a required piece of PPE for each firefighter, in which the majority has surpassed the National Fire Protection Agency (NFPA) Standard 1582 of two revisions (2013 and 2008) or greater than 10 years of age for life cycle /replacement. Upgrading the SCBAs will increase firefighter safety and protection as part of the required personal protections equipment. Our current Thermal Imager Camera models have been discontinued and replacement parts, batteries and chargers are no longer available. We are starting to see failure in these units due to age. This is a vital piece of firefighting equipment that allows crews to find victims faster, thus improving chances of victim survival, locate the seat of the fire quicker, which in turn allows the control of property loss, as well as serves as a vital instrument in the rescue of downed firefighters through the rapid intervention team /crews and again increased firefighter survivability. FISCAL IMPACT: Non - budgeted The total amount is $1,082,410, the amount of grant funds requested is $984,010 and the city's required match of $98,400 will be included in the FY15/16 department budget request under account number 001 - 2210 - 522- 91 -04. ALTERNATIVES: The City of Boynton Beach could fund the entire replacement of this vital personal protective equipment and firefighting equipment from CIP or other identified accounts at an estimated cost of $1,082,410 versus the required Federal match of $98,400. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 88 of 458 Is this a grant? Yes Grant Amount: $984,010 ATTACHMENTS: Type Resolution Grant Application REVIEWERS: Department F ire Finance Legal City Manager Description Resolution approving application for Assistance to Firefighters Grant 2014 AFG Grant application Reviewer Action Carter, Ray Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 111512015 - 3:30 PM 112112015 - 1:52 PM 112812015 - 12:13 PM 112912015 - 12:59 PM Page 89 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN THE APPLICATION DOCUMENTS ASSOCIATED WITH THE ASSISTANCE TO FIREFIGHTERS GRANT (AFG) GENERAL PROGRAM (PART A) FY 2014 GRANT APPLICATION ON BEHALF OF THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the purpose of this program is to support local fire departments and non - affiliated emergency medical services (EMS) organizations by helping with the acquisition of needed equipment, vehicles and services; and WHEREAS, the grant is in the amount of $984,010, with matching funds from the City in the amount of $98,400; and WHEREAS, under the program, applicants can receive 90% cost -share funds for personal protective equipment (PPE) and equipment that enhances the safety and /or effectiveness of firefighting and rescue, and /or the enhancement of emergency medical services; and WHEREAS, the grant, if awarded, will be used to purchase Thermal Image Cameras (TIC) and Self Contained Breathing Apparatus equipment. 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 approves and authorizes the City Manager to sign the application documents associated with the Assistance to Firefighters Grant (AFG) Page 90 of 458 1 General Program (Part A) FY 2014 grant application on behalf of the City of Boynton Beach 2 in the amount of $984,010 with a required match by the City of $98,400. 3 Section 3. This Resolution shall become effective immediately upon passage. 4 5 PASSED AND ADOPTED this day of February, 2015. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE 28 Janet M. Prainito, MMC 29 City Clerk 30 31 32 33 (Corporate Seal) Page 91 of 458 Application Number: EMW- 2014 -FO -04564 Entire Application Applicant's Acknowledgements I certify the DUNS number in this application is our only DUNS number and we have confirmed it is active in SAM.gov as the correct number `As required per 2 CFR � 25.205, 1 certify that prior to submission of this application I have checked the DUNS number listed in this application against the SAM.gov website and it is a correct and active at time of submission. I certify that the applicant organization has consulted the appropriate Funding Opportunity Announcement and that all requested activities are programmatically allowable, technically feasible and can be completed within the award's one (1) year Period of Performance (POP). I certify that the applicant organization is aware that this application period is open from 11/03 to 12/05/2014 and will close at 5 PM EST; further that the applicant organization is aware that that once an application is submitted, even if the application period is still open, a submitted application cannot be changed or released back to the applicant for modification. I certify that the applicant organization is aware that it is solely the applicant organization's responsibility to ensure that all activities funded by this award(s), comply with Federal Environmental planning and Historic Preservation (EHP) regulations, laws, and Executive Orders as applicable. The EHP Screening Form designed to initiate and facilitate the EHP Review is available at: http: / /www.fema.gov /media- library /assets /documents /30521 ?id =6906 I certify that the applicant organization is aware that the applicant organization is ultimately responsible for the accuracy of all application information submitted. Regardless of the applicant's intent, the submission of information that is false or misleading may result in actions by FEMA that include, but are not limited to: the submitted application not being considered for award, an existing award being locked pending investigation, or referral to the Office of the Inspector General. Signed by Ray Carter on 2014 -1 -0 Overview `Did you attend one of the workshops conducted by an AFG regional fire program specialist? No, I have not attended workshop `Did you participate in a webinar that was conducted by AFG? No `Are you a member, or are you currently involved in the management, of the fire department or nonaffiliated EMS organization or a State Fire Training Academy applying for this grant with this application? Yes, I am a member /officer of this applicant If you answered "No ", please complete the information below. If you answered "Yes ", please skip the Preparer Information section. Fields marked with an ` are required. Preparer Information • Preparer's Name • Address 1 Address 2 City `State Zip Need help for ZI P +4? In the space below please list the person your organization has selected to be the primary point of contact (POC) for this grant. This should be a department officer or member of the organization who will see this grant through completion, to include closeout. Reminder: if this person changes at any time during the period of performance please update this information. Please list only phone numbers where we can reach the POC. Primary Point of Contact Title Fire Chief Prefix (select one) Mr. First Name Kevin Middle Initial R • Last Name Carter • Primary Phone(e.g. 123 - 456 -7890) 561 - 742 -6339 Ext. Type work Page 92 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 Secondary Phone (e.g. 123 - 456 -7890) 561 - 436 -0395 Ext. Type cell Optional Phone (e.g. 123 - 456 -7890) Type Select Fax (e.g. 123-456-7890) 561 - 742 -6334 Email (e.g. user @xyz.org) carterr @bbfl.us Contact Information Alternate Contact Information Number 1 Title Deputy Chief Prefix (select one) Mr. First Name Greg Middle Initial • Last Name Hoggatt • Primary Phone 561 - 742 -6331 Ext. Type work `Secondary Phone 561 - 945 -1443 Ext. Type cell Optional Phone Type Fax 561 - 742 -6334 `Email hoggattg @bbfl.us Alternate Contact Information Number 2 Title Finance & Administration Offic Prefix (select one) Ms. First Name Vicki Middle Initial • Last Name Dornieden • Primary Phone 561 - 742 -6332 Ext. Type work `Secondary Phone 561 - 714 -4594 Ext. Type cell Optional Phone Type Fax 561 - 742 -6334 `Email dorniedenv @bbfl.us Applicant Information EMW- 2014 -FO -04564 Originally submitted on 12/05/2014 by Ray Carter (Userid: schuldtkl ) Contact Information: Address: 2080 High Ridge Rd. City: Boynton Beach State: Florida Zip: 33426 Day Phone: 5617426339 Evening Phone: Cell Phone: Email: carterr @bbfl.us Application number is EMW- 2014 -FO -04564 • Organization Name Boynton Beach Fire Rescue • Type of Applicant Fire Department/Fire District • Fire Department/District, Nonaffiliated EMS, and Regional applicants, City select type of Jurisdiction Served Page 93 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 If "Other ", please enter the type of Jurisdiction SAM.gov (System For Award Management) What is the legal name of your Entity as it appears in SAM.gov? Note: This information must match your City of Boynton Beach SAM.gov profile if your organization is using the DUNS number of your Jurisdiction. # What is the legal business address of your Entity as it appears in SAM.aov Note: This information must match your SAM.gov profile if your organization is using the DUNS number of your Jurisdiction. Mailing Address 1 2080 High Ridge Rd Mailing Address 2 • City Boynton Beach • State Florida • Zip 33426 -8714 Need help for ZI P +4? • Employer Identification Number 59- 6000282 (e.g. 12-3456789) Note: This information must match your SAM.aov profile. Is your organization using the DUNS Yes number of your Jurisdiction? I certify that my ❑f organization is authorized to use the DUNS number of my Jurisdiction provided in this application. (Required if you select Yes above) What is your 9 digit 072247133 DUNS number (call 1- 866 - 705 -5711 to get a DUNS number) If you were issued a 4 digit number (DUNS plus 4) by your Jurisdiction in addition to your 9 digit number please enter it here. Note: This is only required if you are using your Jurisdiction's DUNS number and have a separate bank account from your Jurisdiction. Leave the field blank if you are using your Jurisdiction's bank account or have your own DUNS number and bank account separate from your Jurisdiction. Page 94 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 Is your DUNS Number registered in SAM.gov (System for Yes Award Management previously CCR.gov)? I certify that my ❑f organization /entity is registered and active at SAM.gov and registration will be renewed annually in compliance with Federal regulations. I acknowledge that the information submitted in this application is accurate, current and consistent with my organization's /entity's SAM.gov record. Headquarters or Main Station Physical Address Physical Address 1 2080 High Ridge Rd. Physical Address 2 • City Boynton Beach • State Florida • Zip 33426 -8714 Need help for ZI P +4? Mailing Address Mailing Address 1 2080 High Ridge Rd. Mailing Address 2 • City Boynton Beach • State Florida • Zip 33426 -8714 Need help for ZIP +4? Bank Account Information The bank account Note: If this is selected, a 4 digit DUNS plus 4 is required if you answered "YES" to using the DUNS number of your Jurisdiction. being used is: (Please select one from right) Maintained by my Jurisdiction Note: The following banking information must match your SAM.gov profile. Type of bank Checking account Bank routing number - 9 digit number on 026009593 the bottom left hand corner of your check *Your account number 001611435311 Additional Information # For this fiscal year (Federal) is your organization receiving Federal funding from any other grant program that may duplicate the purpose No and /or scope of this grant request? If awarded, will your organization expend more than $750,000 in Federal funds during your organization's fiscal year? If "Yes ", your organization may be required to undergo an A -133 audit. Reasonable costs incurred for No an A -133 audit are an eligible expenditure and should be included in the applicant's proposed budget. Please enter audit costs only once under any "Additional Funding" in the "Request Details" section of the application. Is the applicant delinquent on any Federal debt No If you answered "Yes" to any of the additional questions above, please provide an explanation in the space provided below: Page 95 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 Fire Department /Fire District Department Characteristics (Part 1) Is this application being submitted on behalf of a Federal Fire Department or organization contracted by the Federal government which is solely responsible No for the suppression of fires on Federal property? What kind of organization do you represent? All Paid /Career If you answered "Combination" above, what is the percentage of career members in your organization? If you answered "Volunteer ", "Combination" or "Paid on- call', how many of your volunteer Firefighters are paid members from another career department? • What type of community does your organization serve? Urban • Is your Organization considered a Metro Department? No • What is the square mileage of your first -due response area? Primary /First Due Response Area is a geographical area proximate to a fire or rescue facility and normally served by the personnel and apparatus from that 18 facility in the event of a fire or other emergency and does not include daily or seasonal population surges. • What percentage of your primary response area is protected by hydrants? 98 % • In what county /parish is your organization physically located? If you have more Palm Beach than one station, in what county /parish is your main station located? Does your organization protect critical infrastructure? Yes If "Yes ", please describe the critical infrastructure protected below : State of Florida (FDOT) Interstate Highway 95, Intracoastal Waterway, 2 rail lines, Natural Gas pipelines, Potable Water treatment plants and Regional Wastewater treatment plants, South Florida Water Management District drainage canals and control devices, and 400+ bed community hospital. How much of your primary response area is for agriculture, wildland, open 12 % space, or undeveloped properties? What percentage of your primary response area is for commercial and 23 % industrial purposes? What percentage of your primary response area is used for residential 65 % purposes? How many occupied structures (commercial, industrial, residential, or institutional) in your primary response area are more than three(3) stories tall? 65 Do not include structures which are not regularly occupied such as silos, towers, steeples, etc. What is the permanent resident population of your Primary /First -Due Response 75928 Area or jurisdiction served? *Do you have a seasonal increase in population? Yes If "Yes" what is your seasonal increase in population? 7692 How many active firefighters does your department have who perform 134 firefighting duties? How many members in your department/organization are trained to the level of 134 EMT -I or EMT - Advanced? Does your department have a Community Paramedic program? No How many personnel are trained to the Community Paramedic level? 0 • How many stations are operated by your organization? 5 • Is your department compliant to your local Emergency Management standard Yes for the National Incident Management System (NIMS)? Do you currently report to the National Fire Incident Reporting System ( NFIRS)? Yes Note: You will be required to report to NFIRS for the entire period of the grant. If you answered "Yes" above, please enter your FDIN /FDID 06032 How many of your active firefighters are trained to the level of Firefighter I? 100% (Include all personnel who have attained Firefighter I) Page 96 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 How many of your active firefighters are trained to the level of both Firefighter 1 100% and Firefighter 11? 2011 If you answered less than 100% to either question above, are you requesting for training funds in this application to bring 100% of your firefighters into compliance with NFPA 1001? 1 If you indicated that less than 100% of your firefighters are trained to the Firefighter 11 level and you are not asking for training funds to bring everyone to the FF 11 level in this application, please describe in the box below your training program and your plans to bring your membership up to Firefighter 11. three calendar years? " What services does your organization provide? Advanced Life Support FormalNear -Round Fire Prevention Program Rescue Operational Level Haz -Mat Operational Level Rescue Technical Level Basic Life Support Structural Fire Suppression Wildland Fire Suppression # Please describe your organization and /or community that you serve. Boynton Beach Fire Rescue Department (BBFRD) is an Insurance Service Organization (ISO) Class 2 municipal service provider established in 1924, located on the southeast coast in Palm Beach County, Florida. The Department is a career department with 149 personnel providing fire suppression, advanced life support emergency medical services (EMS), special operations, and fire inspection /prevention services to 70,701 residents according the 2014 census report, and 2900+ businesses within 16+ square miles of incorporated Boynton Beach. The Department additionally provides similar services to four neighboring cities through contractual agreements, serving a combined population of 5227 residents in 2.75 square miles. The Department also participates in municipal and countywide mutual aid agreements with the Cities of Delray, Boca Raton, and the Palm Beach County regional fire rescue agency in support of the 1,356,545 residents in the county's 2,386 square miles. The City of Boynton Beach is the third largest city in Palm Beach County with more than 36,289 housing units and 15,673 families with a population density of 4,369.6 per square mile. Palm Beach County is the second largest county in the State of Florida and ranks third in population. Furthermore, Boynton Beach has a 21.4% elderly population as compared to the statewide average of 17.3 %. The persons below poverty level is also slightly above the statewide average, 15.1% in Boynton Beach as compared to 14.7% for the rest of the state. Both of these factors contribute to a reduced available tax base. The homeownership rate in Boynton Beach is slightly lower than the state with 67.2% versus 69.0% and the multiunit housing market is significantly higher in Boynton at 45.3% versus the state average of 29.9 %. With the higher elderly population, increased household below the poverty line and a significant higher multiunit ratio, these factors all lead to a reduced tax base and increased level of service request. Boynton Beach is interlaced with 5 miles of coastline, 10 miles of inter - coastal shoreline, .37 square miles of inland water, 10 miles of rail lines, 5 miles of 12 lane interstate highway and large metropolitan areas. Potential hazards include hurricanes, tropical storms, tornadoes, flooding, St. Lucie and Turkey Point Nuclear Power Plants plume exposure, and hazardous material, dive rescue and tactical incidents. Fire Department Characteristics (Part 11) Page 97 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] 2013 2012 2011 What is the total number of fire - related civilian fatalities in your jurisdiction over the last 1 0 1 three calendar years? What is the total number of fire - related civilian injuries in your jurisdiction over the last 12 9 10 three calendar years? What is the total number of line of duty member fatalities in your jurisdiction over the 0 0 0 last three calendar years? What is the total number of line of duty member injuries in your jurisdiction over the last 26 30 13 three calendar years? • Over the last three years, what was your organization's average operating budget? 19111057 18999057 19156951 • What percentage of your TOTAL budget is dedicated to personnel costs (salary, 88% 89% 90% overtime and fringe benefits)? " What percentage of your annual operating budget is derived from: 2013 2012 2011 Enter numbers only, percentages must sum up to 100% Taxes? 91 % 92 % 92 % Bond Issues 0 % 0 % 0 % EMS Billing? 6% 7 % 7 % Grants? 2 % 0 % 0 % Donations? 0 % 0 % 0 % Fund drives? 0 % 0 % 0 % Fee for Service? 1 % 1 % 1 % Page 97 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 Other? 0 % 0 % 0 % If you entered a value into Other field (other than 0), please explain Does your organization intend to provide a cost share greater than the required amount? No (If applying for a Micro Grant, please select "N /A ") If yes, how much additional funding in excess of the required cost share is your organization willing to contribute? Enter the amount in the box to the right. $ Note: This figure will not affect the budget calculations . * Please describe your organization's need for Federal financial assistance. The funding for the Boynton Beach Fire Rescue Department's annual operating budget is primarily derived from ad valorem taxes based on local property values that saw a steady increase through 2006. The past eight years have brought a significant downturn in the real estate market, resulting in property values experiencing an average devaluation of over 40 %. That factor, coupled with the recent initiatives within the Florida State Legislature to roll back property tax rates and cap ad valorem taxes at the fiscal year 2001/2002 rates for all taxing authorities within the State of Florida have created a funding deficit for the City of Boynton Beach. This deficit has created the need to significantly reduce all city programs and services. Given these significant limitations to our ability to produce revenue through ad valorem taxes, the funding of this vital PPE and equipment will not be possible at any time within the next several years. Our department was unable to purchase this equipment over the last three years because our budget for equipment purchases has decreased significantly due to the initial real estate value decreasing in the State of Florida which directly affected our ad valorem tax base intake. I have listed a snapshot of our budget below from the last three years. In fiscal year 2011/2012 The Boynton Beach Fire Department budget was $18,651,590 with 90.2 %($16,830,226) allocated for Personnel Cost. Of the remaining $1,821,364 dollars, only $124,119 was allocated towards Safety Equipment (PPE $22,500), EMS Equipment (Life Pak 15 Upgrades $65,000) and the balance ($36,569) towards all other needed equipment. In fiscal year 2012/2013 The Boynton Beach Fire Department budget was $19,226,026 with 90.2 %($17,356,513) allocated for Personnel Cost. Of the remaining $1,869,513 dollars, only $130,675 was allocated towards Safety Equipment (PPE $21,300), EMS Equipment (Life Pak 15 Upgrades $65,000) and the balance ($44,375) towards all other needed equipment. For fiscal year 2013/2014 the approved Boynton Beach Fire Department Budget is $19,597,236, with 89.5 % ($17,547,033) allocated to Personnel cost. Of the remaining $ 2,050,203 dollars only $115,420 is allocated towards Safety Equipment (PPE, $33,800) Special Ops Equipment (Dive and Special Ops $10,620) and EMS Equipment (Life Pak 15 Cardiac Monitors and miscellaneous equipment $71,000). With this limited funding and the reduction in funding, there has been no opportunity to obtain the needed funds for these large scale needed capital items. Since 2008, the City of Boynton Beach has seen a 36% decrease in property values resulting on over $7 million dollar shortfalls to the General Fund. This shortfall required all city departments to reduce spending in all areas. Through the reduction of spending and movement of dollars from the Fund Balance account (Reserves) the city has been able to "get by ". Additionally, the General Operating fund has seen a slight increase, but this has been allocated towards the employee cost increases for health insurance, pension and required benefits, leaving further reductions in capital and other needed equipment cost in not just the Fire Department, but all city departments. Had it not been for the S.A.F.E.R. grant awarded to Boynton Beach for 7 firefighters, we would not have been able to bring staffing back to a level to keep additional needed unit(s) in service. This significant roll back of the tax levels and massive loss in taxable revenue may never be recovered from, forcing all Florida cities to look for additional funding from other resources. In each of the 3 budget years cited above the department was required to increase our funding levels for pensions, health insurance coverage, and vehicle replacement funding, thus causing us to suffer significant reductions in funding for other operational cost and much needed purchases of replace /upgraded mission critical equipment. * How many vehicles does your organization have in each type or class of vehicle listed below? You must Include vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or otherwise currently under contract for purchase or lease by your organization but not yet In your possession. listed below? ( Enter numbers only and enter 0 if you do not have any of the vehicles below. ) Number of Number of Number of Seated Type or Class of Vehicle Front Line Reserve Riding Apparatus Apparatus Positions Engines or Pumpers (pumping capacity of 750 gpm or greater and water capacity of 300 gallons or more): 1 1 12 Pumper, Pumper /Tanker, Rescue /Pumper, Foam Pumper, CAFS Pumper, Type for Type II Engine Urban Interface Ambulances for transport and /or emergency response: 5 2 21 Tankers or Tenders (pumping capacity of less than 750 gallons per minute (gpm) and 0 0 0 water capacity of 1,000 gallons or more): Aerial Apparatus: 5 1 36 Aerial Ladder Truck, Telescoping, Articulating, Ladder Towers, Platform, Tiller Ladder Truck, Quint Brush /Quick attack(pumping capacity of less than 750 gpm and water carrying capacity of at least 300 gallons): 0 0 0 Page 98 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &print true &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 Brush Truck, Patrol Unit (Pickup w/ Skid Unit), Quick Attack Unit, Mini - Pumper, Type III Engine, Type IV Engine, Type V Engine, Type VI Engine, Type VII Engine 2013 2012 2011 Rescue Vehicles: 1 0 7 Rescue Squad, Rescue (Light, Medium, Heavy), Technical Rescue Vehicle, Hazardous Materials Unit 50 30 False Alarms /Good Intent Calls Additional Vehicles: 1630 1665 1672 EMS Chase Vehicle, Air /Light Unit, Rehab Units, Bomb Unit, Technical Support (Command, Operational 2 1 6 Support/Supply), Hose Tender, Salvage Truck, ARFF (Aircraft Rescue Firefighting), Command /Mobile Vegetation Fires 27 Communications Vehicle 36 EMS -BLS Response Calls Fire Department Call Volume Request Information 1. Select the program for which you are applying. You can apply for as many activities within a program as you need. If you are interested in applying under Vehicle Acquisition or Operations and Safety, you will need to submit separate applications. Program Name Operations and Safety 2. Will this grant directly benefit more than one organization? Page 99 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &print true &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] 2013 2012 2011 How many responses per year by category? (Enter whole numbers only. If you have no calls for any of the categories, Enter 0) Structural Fires 31 50 30 False Alarms /Good Intent Calls 1630 1665 1672 Vehicle Fires 44 31 39 Vegetation Fires 27 38 36 EMS -BLS Response Calls 3774 3611 3454 EMS -ALS Response Calls 4845 4666 4697 EMS -BLS Scheduled Transports 0 0 0 EMS -ALS Scheduled Transports 0 0 0 Community Paramedic Response Calls 0 0 0 Vehicle Accidents w/o Extrication 382 313 322 Vehicle Extrications 7 6 6 Other Rescue 16 18 25 Hazardous Condition /Materials Calls 151 190 175 Service Calls 785 796 839 Other Calls and Incidents 483 519 459 Total 12175 11903 11754 " How many responses per year by category? (Enter whole numbers only. If you have no calls for any of the categories, Enter 0) What is the total acreage of all vegetation fires? 7 15 17 " How many responses per year by category? (Enter whole numbers only. If you have no calls for any of the categories, enter 0) In a particular year, how many times does your organization receive Mutual Aid? 9 8 8 In a particular year, how many times does your organization receive Automatic Aid? 4 4 2 In a particular year, how many times does your organization provide Mutual Aid? 24 23 21 In a particular year, how many times does your organization provide Automatic Aid? 6 7 2 Total Mutual / Automatic Aid (please total the responses from the previous two blocks) 43 42 33 Out of the Mutual / Automatic Aid responses, how many were structure fires? 2 0 1 Request Information 1. Select the program for which you are applying. You can apply for as many activities within a program as you need. If you are interested in applying under Vehicle Acquisition or Operations and Safety, you will need to submit separate applications. Program Name Operations and Safety 2. Will this grant directly benefit more than one organization? Page 99 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &print true &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 Yes If you answered "Yes" to Question 2, please explain how this request benefits other organizations below: Mutual Aid Partners - - Palm Beach County Fire Rescue - Boca Raton Fire Rescue - Delray Beach Fire Rescue 3. Enter grant- writing fee associated with the preparation of this request. Enter 0 if there is no fee. $0 * 4. Are you requesting a Micro Grant? 0 A Micro Grant is limited to $25,000 Federal share. Modification to Facilities activity is No ineligible for Micro Grants. 4 Request Details The activities for program Operations aril Safety are listed in the table below. Activity Number of Entries Total Cost Additional Funding Equipment 1 $ 117,855 $ 16,605 Modify Facilities 0 $ 0 $ 0 Personal Protective Equipment 4 $ 940,950 $ 7,000 Training 0 $ 0 $ 0 Wellness and Fitness Programs 0 $ 0 $ 0 Grant - writing fee associated with the preparation of this request. $0 Equipment Equipment Details 1. What equipment will your organization purchase with this grant? Thermal Imaging Camera (Must be NFPA 1801 Compliant) Please provide a detailed description of the item selected. Request replacement upgrade and expansion of capabilities to additional unites. Total request will outfit Yes all front line unites, RIT Team(s), Battalion Chief and No provide a spare unite for issue during needed times to cover for units out of service for maintenance. 2. Number of units: 15 (whole number only) 3. Cost per unit: $ 7857 (whole dollar amounts only; this amount should reflect any volume discounts, rebates, etc.) 4. The equipment purchased under this grant program will: Replace obsolete or damaged equipment that can no longer meet the applicable standards If you selected "Replace obsolete or damaged equipment' (from Q4) above, please specify 11 years the age of equipment in years. 5. Will the equipment being requested bring the organization into voluntary compliance with a Yes national standard, e.g. compliance with NFPA, OSHA, etc? In your Narrative Statement, please explain how this equipment will bring the organization into voluntary compliance. 6. Is your department trained in the proper use of the equipment being requested? Yes 7. Are you requesting funding to be trained for these item(s)? Funding for requested training No shall be entered in the corresponding Additional Funding section. (Under the Action column select Update Additional Funding) 8. If you are not requesting training funds through this application, will you obtain training for Yes this equipment through other sources? Page 100 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &print true &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 Firefighting Equipment - Additional Funding (optional unless you're applying for Training funds) Explanation 18 Thermal Imaging Camera vehicle chargers @ $922.50 each Firefighting Equipment - Narrative Section # 1 Project Description: In the space provided below, include clear and concise details regarding your organization's project's description and budget. This includes providing local statistics to justify the needs of your department and a detailed plan for how your department will implement the proposed project. Further, please describe what you are requesting funding for, including budget descriptions of the major budget items, i.e., personnel equipment, contracts, etc. *4000 characters BBFRD is a urban core ISO class 2 fire department that is susceptible to high response volumes with diverse hazards, it is necessary that firefighters are adequately equipped with the tools needed to successfully complete their mission. The Department is therefore requesting support in replacement and expansion of Thermal Imager Cameras for our operations. The current cameras have been discontinued, have no parts available and are increasingly failing as well as an expansion to additional units which do not have this technology available for them to complete their mission. Currently BBFRD owns 8 Thermal Imager Cameras. Of the 8 cameras, 1 is out of service due to age and being unable to service the unit, 5 have reached the point that the manufacturer has discontinued the model and they are no longer able to be serviced, and 2 are current and being utilized in our RIT Bags. The following is a breakdown of the current units: - 1 unit purchased in 1999/2000 out of service due to age - 5 units purchased in 2005 and are discontinued by the manufacturer. Several of these have failing batteries, chargers and will not stay fully charged and functional for operational periods on the fireground. - 2 units purchased in 2011 for RIT Bag deployment. Our current TIC's are only issued to the Engine Companies for the ability to locate the seat of the fire. Our goal is to update, replace the outdated units, and expand our capability by issuing TIC's to our five Rescue Companies for improving our Search and Rescue capabilities. The enhanced capability of being able to perform a faster search to locate possible victims for rapid removal can greatly improve the chances of survivability of the victim, as well as being able to provide an enhanced tool for the search and rescue of downed or trapped firefighters in Mayday situations. Our goal is to standardize the TIC's so they are interchangeable from charger to charger, unit to unit, streamline training, and standardize the cameras so that all personnel are familiar with the TIC operation regardless of which unit they may be on. The cost for the purchase of the Thermal Imaging Cameras and chargers is $133,460 including the required 10% local match of $13,446. For the purpose of the Grant, we are requesting the following to be funded and procured through the City of Boynton Beach purchasing rules and requirements: - 15 new TIC's @ a cost of $7857 each, totaling; $117,855 Page 101 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Additional Funding a. Personnel Heil $ 0 b. Fringe Benefits Hele $ 0 c. Travel Hele $ 0 d. Equipment Hele $ 16605 e. Supplies Hele $ 0 f. Contractual Helb $ 0 g. Construction Hele $ 0 h. Other Hele $ 0 i. Indirect Charges Hele $ 0 j. State Taxes Helb $ 0 Explanation 18 Thermal Imaging Camera vehicle chargers @ $922.50 each Firefighting Equipment - Narrative Section # 1 Project Description: In the space provided below, include clear and concise details regarding your organization's project's description and budget. This includes providing local statistics to justify the needs of your department and a detailed plan for how your department will implement the proposed project. Further, please describe what you are requesting funding for, including budget descriptions of the major budget items, i.e., personnel equipment, contracts, etc. *4000 characters BBFRD is a urban core ISO class 2 fire department that is susceptible to high response volumes with diverse hazards, it is necessary that firefighters are adequately equipped with the tools needed to successfully complete their mission. The Department is therefore requesting support in replacement and expansion of Thermal Imager Cameras for our operations. The current cameras have been discontinued, have no parts available and are increasingly failing as well as an expansion to additional units which do not have this technology available for them to complete their mission. Currently BBFRD owns 8 Thermal Imager Cameras. Of the 8 cameras, 1 is out of service due to age and being unable to service the unit, 5 have reached the point that the manufacturer has discontinued the model and they are no longer able to be serviced, and 2 are current and being utilized in our RIT Bags. The following is a breakdown of the current units: - 1 unit purchased in 1999/2000 out of service due to age - 5 units purchased in 2005 and are discontinued by the manufacturer. Several of these have failing batteries, chargers and will not stay fully charged and functional for operational periods on the fireground. - 2 units purchased in 2011 for RIT Bag deployment. Our current TIC's are only issued to the Engine Companies for the ability to locate the seat of the fire. Our goal is to update, replace the outdated units, and expand our capability by issuing TIC's to our five Rescue Companies for improving our Search and Rescue capabilities. The enhanced capability of being able to perform a faster search to locate possible victims for rapid removal can greatly improve the chances of survivability of the victim, as well as being able to provide an enhanced tool for the search and rescue of downed or trapped firefighters in Mayday situations. Our goal is to standardize the TIC's so they are interchangeable from charger to charger, unit to unit, streamline training, and standardize the cameras so that all personnel are familiar with the TIC operation regardless of which unit they may be on. The cost for the purchase of the Thermal Imaging Cameras and chargers is $133,460 including the required 10% local match of $13,446. For the purpose of the Grant, we are requesting the following to be funded and procured through the City of Boynton Beach purchasing rules and requirements: - 15 new TIC's @ a cost of $7857 each, totaling; $117,855 Page 101 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 - 18 new vehicle chargers @ a cost of $922.50 each, totaling $16,605 - Grand Total Estimate of: $ 134,460 Section # 2 Cost/Benefit: In the space provided below please explain, as clearly as possible, what will be the benefits your department or your community will realize if the project described is funded (i.e. anticipated savings and /or efficiencies)? Is there a high benefit for the costs incurred? Are the costs reasonable? Provide justification for the budget items relating to the costs of the requested items. *4000 characters BBFRD provides all essential fire related services as well as additional programs of Dive Rescue and Technical Specialty Rescue. This is done from 5 strategically located Fire Rescue Stations with 5 front line Engine companies, 5 front line Rescue companies (Fire Based EMS Transport Units), 1 Tower Aerial, 1 Special Operations unit (Technical Light Heavy Rescue) and 1 Battalion Chief. Each of these units and personnel are intricate in the response standard of coverage to protect the Citizens of Boynton Beach from fire, life safety hazards and provide EMS Services. Each unit has duties and functions on the fireground as assigned through the Incident Command System. Engine Companies are typically fire suppression and Rescue Companies are Search and Rescue along with Treatment and Transport for both firefighters and civilians who may be injured on the fireground. Thermal Imager Cameras have become a tool for fire service that has greatly improved our ability to complete our mission. Much like hose to deliver water to the seat of the fire, TIC's have become an important part of the fireground operations. The current TIC's allow the Engine Companies to locate the seat of the fire quicker by navigating through reduced visibility smoke conditions and avoiding obstacles, determine fire extension to void spaces, as well as being able to determine the heat signatures of exposures and if the fire has been extinguished. All of which can be directly related to firefighter safety and conservation of property, thus reducing fire loss and improvement of firefighter safety. Additionally, the TIC's are the primary tool crews use to locate victims in reduced visibility conditions. Being charged with Search and Rescue, crews are acutely aware of the time needed to search a structure for victims. The longer it takes to search for the victim(s) the less likely the chance of survival. As with the Engine Companies, the Rescue Companies are also faced with reduced visibility, obstacles, and time, all of which are greatly reduced with the availability and use of a TIC. Furthermore, the TIC is a prime piece of equipment needed in Rapid Intervention Crew response to firefighter maydays or firefighter down situations. Just as Rescue Companies utilize the TIC's for the location of victims, the same reasons can be used to justify the use of the TIC for Rescue Operations of downed firefighters. By improving the ability to reach downed firefighters faster, the chances for survival are also greatly improved. As the TIC has become a standard piece of equipment for the fire service, we would expect that our Mutual Aid partners would have this piece of equipment in their responding units as well as they would expect Boynton Beach to have this vital piece of equipment in our response capability. As stated above, the TIC's will provide an increased capability for fire suppression and search and rescue for all citizens, which we may be called to provide service to. Finally the benefit from the replacement and expansion of the capabilities of all units having a TIC as part of the tools needed will not only benefit the citizens and visitors of Boynton Beach, but when called to provide mutual aid to our neighboring partners, we will be able to utilize this technology to better provide assistance to our neighboring communities as well. Section # 3 Statement of Effect: How would this award impact the daily operations of your department? How would this award impact your department's ability to protect lives and property in your community? *4000 characters As stated above, Thermal Imager Cameras greatly increase the performance of fireground operations. From the ability to locate the seat of the fire, fire extension, obstacles, fire extinguishment, overhaul improvement of firefighter and fireground safety, but also improves property conservation by the reduction of property loss due to the fire and overall operations. Additionally the improvement of the ability to locate victims and remove them for treatment and transport, greatly improves the chances of survivability of the victim. The location and removal of victims is not only for the civilians in the structure, but for the survivability of firefighters who may become trapped of need assistance. The Thermal Imager Camera greatly reduces the time needed to perform the task assigned and thus greatly improves the outcomes on the fireground, both life preservation and property loss. While there is no mandatory requirement for the deployment and use of Thermal Imager Cameras, multiple case studies and reports from NIOSH have cited the use of TIC's in the successful rescue of trapped firefighters. NIOSH even recommends the use of a Thermal Imaging Camera during the initial size -up and search phases of a fire to assist crews in rapid location and fire control. Furthermore, the TIC is a great tool to find hidden fire, hotspots and reduce increased damage to a structure from overhaul or "opening up" areas for fire extension determination. By awarding the AFG and allowing BBFRD to replace and upgrade our capabilities, we would be in compliance with NIOSH recommendations, improve potential survivability of victims, trapped firefighters and aid in property conservation. Personal Protective Equipment Personal Protective Equipment Details 1. Select the PPE that you propose to acquire SCBA Spare Cylinders Please provide a detailed description of the item selected above or if you selected "Other" above, please specify. The request is for additional SCBA bottles to ensure adequate numbers of spares to be located at stations, on front line and reserve units, portable air filling unit and at filling stations in the city. 2. Number of units: 84 (whole number only) (whole dollar amounts only; this amount should reflect any volume discounts, rebates, etc.) Page 102 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &print true &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 3. Cost per unit: $1250 4. Please provide your percentage for the appropriate 100% question below: . For turnout requests, what percentage of your on -duty active members will have PPE that meets applicable NFPA and OSHA standards if this grant is awarded? . If you are requesting new SCBA, what percentage of your seated riding positions will have compliant SCBA assigned to it if this grant is awarded? . If you are asking for specialized PPE (e.g., Haz -Mat), what percentage of applicable members will have specialized PPE that meets established standards if this grant is awarded? For example, if your 100 - member department has a 10- member Haz -Mat team and you are requesting 10 Haz -Mat suits, you are requesting 100% of the applicable members. 5. What is the purpose of this request? I Increase the organization /agency available supply If you have indicated you are requesting PPE (any PPE other than SCBA/Cylinders /Face Pieces) in Question 1, what are the specific ages of your PPE in years? If requesting SCBA/Cylinders /Face Pieces, please select 'MA", do not provide ages here but continue on to the next question. Please assure that you've accounted for ALL gear for ALL members declared in Department Characteristics - not just the gear you wish to replace. If you have 30 members then account for 30 sets of PPE. N/A Age (in Years) Current Inventory Being Replaced Less than 1 CyI FP 1 Cyl FP 2 3 4 2007 Edition 168 5 2002 Edition and older 78 6 Obsolete /damaged 7 8 9 10 11 12 13 14 15 16 or more Number of members without PPE Are you requesting Face Pieces only? I No If yes, how many? If you have indicated you are requesting SCBA/Cylinders /Face Pieces in Question 1, to which edition(s) of the NFPA 1981 standard are your SCBA /Cylinders /Face Pieces compliant? If not requesting SCBA/Cylinders /Face Pieces, please select "N /A" and continue on to the next question. Please account for ALL SCBA/Cylinders /Face Pieces currently in your department's inventory - not just the SCBA/Cylinders /Face Pieces you wish to replace. If you have damaged or inoperable SCBA /Cylinders /Face Pieces please list them in the Year Current Inventory Being Replaced SCBA CyI FP SCBA Cyl FP 2013 Edition 2007 Edition 168 168 2002 Edition and older 78 78 Obsolete /damaged Page 103 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 "Obsolete /Damaged" section. 1. Select the PPE that you propose to acquire If awarded SCBAs, will you be requesting additional Yes Face Pieces? selected above or if you selected "Other" above, please If yes, how many? 58 6. Is your department trained in the proper use of the Yes PPE /SCBA being requested? 7. Are you requesting funding for training for this No PPE /SCBA? (Funding for requested training 3. Cost per unit: should be requested in the PPE Additional 4. Please provide your percentage for the appropriate Funding section). question below: If you are not asking for training funds through this Yes application, will you obtain training for this PPE /SCBA active members will have PPE that meets applicable through other sources? NFPA and OSHA standards if this grant is awarded? Personal Protective Equipment Personal Protective Equipment Details 1. Select the PPE that you propose to acquire PASS Devices Please provide a detailed description of the item Requesting funding for Pak - Tracker advanced PASS device locator system. This system selected above or if you selected "Other" above, please allows not only audio activation of a pass device, but transmits a signal that can be picked up specify. by the receiving unit and will improve response to down, trapped or incapacitated firefighters. This systems enhances the standard PASS system but does not replace the required PASS device of the SCBA. 2. Number of units: 45 (whole number only) 3. Cost per unit: $1900 (whole dollar amounts only; this amount should reflect any volume discounts, rebates, etc.) 4. Please provide your percentage for the appropriate 100% question below: . For turnout requests, what percentage of your on -duty active members will have PPE that meets applicable NFPA and OSHA standards if this grant is awarded? . If you are requesting new SCBA, what percentage of your seated riding positions will have compliant SCBA assigned to it if this grant is awarded? . If you are asking for specialized PPE (e.g., Haz -Mat), what percentage of applicable members will have specialized PPE that meets established standards if this grant is awarded? For example, if your 100 - member department has a 10- member Haz -Mat team and you are requesting 10 Haz -Mat suits, you are requesting 100% of the applicable members. 5. What is the purpose of this request? To replace or upgrade obsolete /damaged PPE /SCBA (must be a minimum of 10 years or older and two NFPA cycles) If you have indicated you are requesting PPE (any PPE other than SCBA/Cylinders /Face Pieces) in Question 1, what are the specific ages of your PPE in years? If requesting SCBA/Cylinders /Face Pieces, please select 'MA", do not provide ages here but Age (in Years) Current Inventory Being Replaced Less than 1 continue on to the next question. 1 Please assure that you've accounted for ALL 2 gear for ALL members declared in Department 3 Characteristics - not just the gear you wish to replace. If you have 30 members then account for 30 sets of PPE. 4 5 6 7 20 20 8 9 Page 104 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &print true &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 10 Current Inventory Being Replaced 11 CyI FP 12 61 61 13 PPE /SCBA being requested? 14 No PPE /SCBA? (Funding for requested training 15 2007 Edition 4. Please provide your percentage for the appropriate 16 or more question below: If you are not asking for training funds through this Number of members without PPE application, will you obtain training for this PPE /SCBA 2002 Edition and older Are you requesting Face Pieces only? I No If yes, how many? If you have indicated you are requesting SCBA/Cylinders /Face Pieces in Question 1, to which edition(s) of the NFPA 1981 standard are your SCBA /Cylinders /Face Pieces compliant? If not requesting SCBA/Cylinders /Face Pieces, please select "N /A" and continue on to the next question. Please account for ALL SCBA/Cylinders /Face Pieces currently in your department's inventory - not just the SCBA/Cylinders /Face Pieces you wish to replace. If you have damaged or inoperable SCBA /Cylinders /Face Pieces please list them in the "Obsolete /Damaged" section. N/A Year Current Inventory Being Replaced SCBA CyI FP SCBA Cyl FP 2013 Edition PPE /SCBA being requested? 7. Are you requesting funding for training for this No PPE /SCBA? (Funding for requested training 3. Cost per unit: 2007 Edition 4. Please provide your percentage for the appropriate Funding section). question below: If you are not asking for training funds through this Yes application, will you obtain training for this PPE /SCBA 2002 Edition and older through other sources? NFPA and OSHA standards if this grant is awarded? . If you are requesting new SCBA, what percentage of Obsolete /damaged If awarded SCBAs, will you be requesting additional Yes Face Pieces? Please provide a detailed description of the item If yes, how many? 58 properly fitted and sized face piece as well as a minimum number of spares to be utilized as specify. 6. Is your department trained in the proper use of the Yes PPE /SCBA being requested? 7. Are you requesting funding for training for this No PPE /SCBA? (Funding for requested training 3. Cost per unit: should be requested in the PPE Additional 4. Please provide your percentage for the appropriate Funding section). question below: If you are not asking for training funds through this Yes application, will you obtain training for this PPE /SCBA active members will have PPE that meets applicable through other sources? NFPA and OSHA standards if this grant is awarded? Personal Protective Equipment Personal Protective Equipment Details 1. Select the PPE that you propose to acquire Face Pieces Please provide a detailed description of the item The request for additional face pieces is to provide each member of the department with the selected above or if you selected "Other" above, please properly fitted and sized face piece as well as a minimum number of spares to be utilized as specify. primary issued face pieces are in need of repair or replacement. By each member having their own face piece ensures proper fitting, eliminates cross contamination and provides for better health aspects 2. Number of units: 58 (whole number only) 3. Cost per unit: $300 (whole dollar amounts only; this amount should reflect any volume discounts, rebates, etc.) 4. Please provide your percentage for the appropriate 100% question below: . For turnout requests, what percentage of your on -duty active members will have PPE that meets applicable NFPA and OSHA standards if this grant is awarded? . If you are requesting new SCBA, what percentage of Page 105 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &print true &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 your seated riding positions will have compliant SCBA assigned to it if this grant is awarded? . If you are asking for specialized PPE (e.g., Haz -Mat), what percentage of applicable members will have specialized PPE that meets established standards if this grant is awarded? For example, if your 100 - member department has a 10- member Haz -Mat team and you are requesting 10 Haz -Mat suits, you are requesting 100% of the applicable members. 5. What is the purpose of this request? I Increase the organization /agency available supply If you have indicated you are requesting PPE (any PPE other than SCBA/Cylinders /Face Pieces) in Question 1, what are the specific ages of your PPE in years? If requesting SCBA/Cylinders /Face Pieces, please select 'MA", do not provide ages here but continue on to the next question. Please assure that you've accounted for ALL gear for ALL members declared in Department Characteristics - not just the gear you wish to replace. If you have 30 members then account for 30 sets of PPE. N/A Age (in Years) Current Inventory Being Replaced Less than 1 Cyl FP 1 Cyl FP 2 3 4 2007 Edition 28 5 2002 Edition and older 106 6 Obsolete /damaged 7 8 9 10 11 12 13 14 15 16 or more Number of members without PPE Are you requesting Face Pieces only? I Yes If yes, how many? If you have indicated you are requesting SCBA/Cylinders /Face Pieces in Question 1, to which edition(s) of the NFPA 1981 standard are your SCBA /Cylinders /Face Pieces compliant? If not requesting SCBA/Cylinders /Face Pieces, please select "N /A" and continue on to the next question. Please account for ALL SCBA/Cylinders /Face Pieces currently in your department's inventory - not just the SCBA/Cylinders /Face Pieces you wish to replace. If you have damaged or inoperable SCBA /Cylinders /Face Pieces please list them in the "Obsolete /Damaged" section. 58 Year Current Inventory Being Replaced SCBA Cyl FP SCBA Cyl FP 2013 Edition 2007 Edition 28 28 2002 Edition and older 106 106 Obsolete /damaged If awarded SCBAs, will you be requesting additional Yes Face Pieces? If yes, how many? 58 6. Is your department trained in the proper use of the Yes PPE /SCBA being requested? Page 106 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 7. Are you requesting funding for training for this No PPE /SCBA? (Funding for requested training should be requested in the PPE Additional Funding section). If you are not asking for training funds through this Yes application, will you obtain training for this PPE /SCBA through other sources? Personal Protective Equipment Personal Protective Equipment Details 1. Select the PPE that you propose to acquire I SCBA with Face Piece - With Cylinder Please provide a detailed description of the item The majority of the BBFRD SCBA units are 13 years old or greater and are under the 2002 or selected above or if you selected "Other" above, please older NFPA Standard. There have been significant improvements made to the Standards over specify. the years and the 2013 Standard is now in effect. BBFRD is requesting funding to make dramatic improvements to our SCBA fleet with this Grant. Requesting funding for 81 units (1 SCBA pack, 2 SCBA Bottles, 1 SCBA Face Piece per unit). 2. Number of units: 181 (whole number only) 3. Cost per unit: 1 $9050 (whole dollar amounts only; this amount should reflect any volume discounts, rebates, etc.) 4. Please provide your percentage for the appropriate 100% question below: . For turnout requests, what percentage of your on -duty active members will have PPE that meets applicable NFPA and OSHA standards if this grant is awarded? . If you are requesting new SCBA, what percentage of your seated riding positions will have compliant SCBA assigned to it if this grant is awarded? . If you are asking for specialized PPE (e.g., Haz -Mat), what percentage of applicable members will have specialized PPE that meets established standards if this grant is awarded? For example, if your 100 - member department has a 10- member Haz -Mat team and you are requesting 10 Haz -Mat suits, you are requesting 100% of the applicable members. 5. What is the purpose of this request? To replace or upgrade obsolete /damaged PPE /SCBA (must be a minimum of 10 years or older and two NFPA cycles) If you have indicated you are requesting PPE (any PPE other than SCBA/Cylinders /Face Pieces) in Question 1, what are the specific ages of your PPE in years? If requesting SCBA/Cylinders /Face Pieces, please select "N /A ", do not provide ages here but continue on to the next question. Please assure that you've accounted for ALL gear for ALL members declared in Department Characteristics - not just the gear you wish to replace. If you have 30 members then account for 30 sets of PPE. N/A Age (in Years) Current Inventory Being Replaced Less than 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page 107 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &print true &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 16 or more Number of members without PPE Are you requesting Face Pieces only? No If yes, how many? If you have indicated you are requesting SCBA/Cylinders /Face Pieces in Question 1, to which edition(s) of the NFPA 1981 standard are your SCBA /Cylinders /Face Pieces compliant? If not requesting SCBA/Cylinders /Face Pieces, please select "N /A" and continue on to the next question. Please account for ALL SCBA/Cylinders /Face Pieces currently in your department's inventory - not just the SCBA/Cylinders /Face Pieces you wish to replace. If you have damaged or inoperable SCBA /Cylinders /Face Pieces please list them in the "Obsolete /Damaged" section. Year Current Inventory Being Replaced SCBA Cyl FP SCBA Cyl FP 2013 Edition 7. Are you requesting funding for training for this No PPE /SCBA? (Funding for requested training Hele should be requested in the PPE Additional e. Supplies 2007 Edition 20 20 2002 Edition and older 61 61 Obsolete /damaged $ 0 h. Other Hele $ 0 i. Indirect Charges Heib If awarded SCBAs, will you be requesting additional Yes Face Pieces? a. Personnel If yes, how many? 58 6. Is your department trained in the proper use of the Yes PPE /SCBA being requested? c. Travel 7. Are you requesting funding for training for this No PPE /SCBA? (Funding for requested training Hele should be requested in the PPE Additional e. Supplies Funding section). $ 0 If you are not asking for training funds through this Yes application, will you obtain training for this PPE /SCBA g. Construction through other sources? $ 0 Firefighting PPE - Additional Funding (optional unless you're applying for Training funds) Explanation 14 additional Pak - Traker vehicle chargers @ $500 each for reserve apparatus Page 108 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Additional Funding a. Personnel Helb $ 0 b. Fringe Benefits Helb $ 0 c. Travel Heil $ 0 d. Equipment Hele $ 7000 e. Supplies Help $ 0 f. Contractual Hele $ 0 g. Construction Hele $ 0 h. Other Hele $ 0 i. Indirect Charges Heib $ 0 j. State Taxes Hele $ 0 Explanation 14 additional Pak - Traker vehicle chargers @ $500 each for reserve apparatus Page 108 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 Firefighting PPE - Narrative Section # 1 Project Description: In the space provided below, include clear and concise details regarding your organization's project's description and budget. This includes providing local statistics to justify the needs of your department and a detailed plan for how your department will implement the proposed project. Further, please describe what you are requesting funding for, including budget descriptions of the major budget items, i.e., personnel, equipment, contracts, etc. *4000 characters Along with adequately equipping firefighters, comes the responsibility of protecting the safety and well -being in their performance of duties. Each firefighter is required to have a minimum level of PPE which should be in proper working order and meet the most current standard and be within a certain age of issue of the appropriate NFPA standard. The current NFPA Standard (2013) has significant improvements /requirements for SCBAs, which drastically improve safety. The majority of our inventory is approaching 13 y/o or greater and only meet the 2002 Standard. Currently, BBFRD has 81 SCBA's deployed on apparatus, RIT and spare units. Breakdown of units: - NFPA Standard 2002 /older: 30 @ 16 y /o; 12 @ 14 y /o; 12 @ 13 y /o; 7 @ 8 y/o - NFPA Standard 2007: 16 @ 6 y /o; 4 @ 4 y/o Additionally, each SCBA has at least 1 spare bottle assigned per SCBA unit, per apparatus, both front line and reserve, as well as spares at each station, spares on the Special Ops unit for specialty rescue and on scene change out, spares located on the portable air unit, and other spare SCBA bottles strategically located within the City. In total BBFRD has 246 bottles; breakdown as follows: - NFPA Standard 2002 /older: 46 @ 15y /o; 12 @ 11 y /o; 20 @ 9 y/o - NFPA Standard 2007: 24 @ 8 y/o; 12 @ 7 y/o; 53 @ 6 y/o; 11 @ 5 y/o; 53 @ 2 y/o; 15 @ 3 y/o Furthermore, each member is issued their own mask for individual use. This helps prevent cross contamination and improves health aspects as well as individual sizing to further improve safety and annual testing requirements. The estimate is that we have 106 masks in service under the 2002 Standard with the remaining 28 under the 2007 Standard. The breakdown of the current inventory is as follows: - NFPA Standard 2002 /older -36 @ 16 y /o; 3 @ 15 y /o; 10 @ 14 y /o; 3 @ 13 y /o; 10 @ 12y /o; 19 @ 11 y /o; 5 @ 10 y /o; 11 @ 9 y/o - NFPA Standard 2007 - 5 @ 8 y/o; 5 @ 7 y/o; 11 @ 6 y/o; 3 @ 3 y/o; 13 @2y/o For the purpose of the AFG, we are requesting funding to completely upgrade our current aging SCBAs to the newest generation SCBA and a total change out of bottles and mask to ensure that all pieces of equipment are the same and interoperable between personnel, crews and units. Budget The cost for the purchase of the PPE SCBA upgrade with additional mask, bottles and pass devices (Pak- Tracker) is an estimated $947,950.00 including the required 10% match of $94,795.00. These prices were supplied by a vendor as off the shelf price estimates and do not reflect, bulk purchasing, contract/piggyback pricing or government rate. For the purpose of the AFG, we are requesting the following to be funded and procured though the City's purchasing policies: - 81 SCBA units (1 SCBA unit, 2 SCBA bottles, and 1 face mask) @ $9050.00 each, total: $733,050.00 - 84 additional SCBA bottles @ $1250.00 each, total: $105,000.00 - 58 additional SCBA masks @ $300.00 each, total: $17,400.00 - 45 Pak - Tracker Pass devices with chargers @ $1900.00 each total: $85.500.00 - 14 additional Pak - Tracker chargers @ $500 each, total: $7000.00 Grand Total estimate: $947,950.00 Section # 2 Cost/Benefit: In the space provided below please explain, as clearly as possible, what will be the benefits your department or your community will realize if the project described is funded (i.e. anticipated savings and /or efficiencies)? Is there a high benefit for the costs incurred? Are the costs reasonable? Provide justification for the budget items relating to the costs of the requested items. *4000 characters BBFRD provides all essential fire related services with the primary service being fire suppression. Each member of the field operations staff is a State of Florida certified firefighter and is required to be capable of performing all fireground duties and functions at any time they are on duty. With each potential fire related call, members are required to don and wear all issued PPE and safety equipment. The age of this equipment is directly related to the level of protection supplied. The newer the PPE, the better the protection as each standard has improvements over previous standards and the increase of protection then can be related to a decrease in injuries and exposures thus reducing injuries, disabilities and improve survival rates. Protection of the airway from the by- products of combustion not only improves immediate survivability, but long term health and wellness. Today's Page 109 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 household products are laced with an extreme amount of petroleum based by- products which produce higher levels of toxins, potential cancer causing agents and higher temperatures. The marked increase in the heat generated with these fires has been proven to affect the lenses of older generation facemasks. The newest standard addresses the heat elements and provides additional improvements that contribute to and increase firefighter safety while being exposed to these toxins and heat levels during fireground operations. Additionally, newer generation SCBA's are equipped with real time data transmission of vital information from the individual user such as; air PSI left, pass device, and the future of actually locating the unit within the structure (GPS based info). Currently our closest mutual aid partner, Delray Beach Fire Rescue, utilizes the Pak Traker system in their department and other departments in Palm Beach County are considering migrating to this system as well. This system has the ability to receive data from units not only in the primary department but in mutual aid partners as well. A current goal within the Palm Beach County Operations Chiefs is to standardized equipment amongst departments to improve inte rope rability between and within all departments that may be required to operate together on the fireground. This initiative to improve interoperability, will also improve firefighter safety and survivability for all firefighters within the Palm Beach County area. Section # 3 Statement of Effect: How would this award impact the daily operations of your department? How would this award impact your department's ability to protect lives and property in your community? *4000 characters The use of PPE /SCBA's is mandatory for fireground operations. Noted improvements in the NFPA 1981 Standard have produced a safer, better quality PPE for firefighters. The increase of capacity and lighter weight bottles, the requirement for additional percentage reserves and better heat resistant lenses in the face piece are but a few improved safety features which ultimately go towards improvement in survivability of firefighters while doing their jobs. With this increased safety and improvements in PPE, reductions in firefighter injuries, disabilities and fatalities can be directly related to these improvements. This reduction can also be related to cost savings to the public through reduced medical treatments and long term exposure and injury payments. The current BBFRD SCBA inventory is quickly approaching an age where parts and service will become obsolete and our current bottle inventory will be in need of replacement due to hydrostatic testing requirements. Awarding this grant will allow BBFRD to upgrade our SCBA inventory and be in compliance with the newest standard and increase the reliability of the SCBA on the fireground. By improving the reliability of the SCBA, firefighters are able to complete their job task with more confidence in their equipment and allows for the additional safety while performing extinguishment, search and rescue, all aspects of the fireground and hazardous atmospheric related tasks. Additionally, by awarding this grant with the Pak - Traker system, tracking of the individual's air supply and conditions can be monitored at the Command Post to have better awareness of the health and safety of all personnel during the incident. By taking care of the firefighters with better equipment, the firefighters can better take care of the emergencies and the public involved in these emergencies. Budget Budget Object Class a. Personnel $ 0 b. Fringe Benefits $ 0 c. Travel $ 0 d. Equipment $ 1,082,410 e. Supplies $ 0 f. Contractual $ 0 g. Construction $ 0 h. Other $ 0 i. Indirect Charges $ 0 j. State Taxes $ 0 Federal and Applicant Share Federal Share $ 984,010 Applicant Share $ 98,400 Applicant Share of Award ( %) 10 " Non - Federal Resources (The combined Non - Federal Resources must equal the Applicant Share of $ 98,400) a. Applicant $ 98,400 b. State $ 0 c. Local $ 0 d. Other Sources $ 0 Page 110 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &print true &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 If you entered a value in Other Sources other than zero (0), include your explanation below. You can use this space to provide information on the project, cost share match, or if you have an indirect cost agreement with a federal agency. Total Budget 1 $ 1,082,4101 Narrative Statement For 2011 and on, the Narrative section of the AFG application has been modified. You will enter individual narratives for the Project Description, Cost - Benefit, Statement of Effect, and Additional Information in the Request Details section for each Activity for which you are requesting funds. Please return to the Request Details section for further instructions. You will address the Financial Need in Applicant Characteristics 11 section of the application. We recommend that you type each response in a Word Document outside of the grant application and then copy and paste it into the spaces provided within the application. Assurances and Certifications FEMA Form SF 424B You must read and sign these assurances. These documents contain the Federal requirements attached to all Federal grants including the right of the Federal government to review the grant activity. You should read over the documents to become aware of the requirements. The Assurances and Certifications must be read, signed, and submitted as a part of the application. Note: Fields marked with an * are required. O.M.B Control Number 4040 -0007 Assurances Non - Construction Programs As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property Page 111 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 is acquired as a result of Federal or federally- assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally- assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non - Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. Signed by Kevin Carter on 11125/2014 Form 20 -16C You must read and sign these assurances. Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters and Drug -Free Workplace Requirements. Note: Fields marked with an * are required. O.M.B Control Number 1660 -0025 Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 44 CFR Part 17, "Government -wide Debarment and Suspension (Non - procurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Homeland Security (DHS) determines to award the covered transaction, grant, or cooperative agreement. A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons (entering) into a grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies that: Page 112 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 (a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or modification of any Federal grant or cooperative agreement. (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities ", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub contract(s)) and that all sub recipients shall certify and disclose accordingly. A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510 -A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three -year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification: and (d) Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. As required by the Drug -Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: (A) The applicant certifies that it will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantees policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable DHS awarding office, i.e. regional office or DHS office. (f) Taking one of the following actions, against such an employee, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). Page 113 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 (B) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Street City I State Zip I Action If your place of performance is different from the physical address provided by you in the Applicant Information, press Add Place of Performance button above to ensure that the correct place of performance has been specified. You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for DHS funding. States and State agencies may elect to use a Statewide certification. Signed by Kevin Carter on 11125/2014 FEMA Standard Form LLL Only complete if applying for a grant for more than $100,000 and have lobbying activities. See Form 20 -16C for lobbying activities definition. Submit Application Please click on any of the following links to visit a particular section of your application. Once all areas of your application are complete, you may submit your application. Application Area Status Applicant's Acknowledgements Complete Overview Complete Contact Information Complete Applicant Information Complete Applicant Characteristics (1) Complete Applicant Characteristics (11) Complete Department Call Volume Complete Request Information Complete Request Details Complete Budget Complete Assurances and Certifications Complete PLEASE READ THE FOLLOWING STATEMENTS BEFORE YOU SUBMIT. • YOU WILL NOT BE ALLOWED TO EDIT THIS APPLICATION ONCE IT HAS BEEN SUBMITTED. If you are not yet ready to submit this application, save it, and log out until you feel that you have no more changes. • When you submit this application, you, as an authorized representative of the organization applying for this grant, are certifying that the following statements are true: To the best of my knowledge and belief, all data submitted in this application are true and correct. Page 114 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] Application Number: EMW- 2014 -FO -04564 This application has been duly authorized by the governing body of the applicant and the applicant will comply to the Assurances and Certifications if assistance is awarded. To sign your application, check the box below and enter your password in the space provided. To submit your application, click the Submit Application button below to officially submit your application to FEMA. Note: The primary contact will be responsible for signing and submitting the application. Fields marked with an ` are required. 1, Kevin R Carter, am hereby providing my signature for this application as of 05- Dec -2014. Page 115 of 458 https: / /eservices. fema. gov/ FemaFireGrantlfiregrant /jsp /fire20l4 /applicationlprint app.jsp ?sysAppld= 1008477 &printrtrue &app_numbet =EMW- 2014 -FO- 04564[12/8/2014 6:57:47 AM] 6.D. CONSENT AGENDA 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -010 - Authorize the Mayor to sign a Memorandum of Agreement with the Florida Department of Transportation authorizing construction and maintenance of a new southern entry sign in Federal Highway median just north of Gulfstream Boulevard. EXPLANATION OF REQUEST: The Boynton Beach CRA has completed design for a new entrance sign into Boynton Beach located in the center median of Federal Highway. This sign will be placed on Florida Department of Transportation right of way near the City's southerly border with Delray Beach, just north of Gulfstream Boulevard, advising motorists travelling northbound on Federal Highway that they are entering the City of Boynton Beach. The proposed sign is decorative and will replace the existing wooden sign that has existed for nearly ten years. Because the proposed location is located within right of way owned by the State of Florida, it is necessary to enter in to this resolution in order to allow the State to authorize construction as well as to ensure maintenance of the sign by the City of Boynton Beach. This is entirely appropriate and is standard protocol for matters such as this. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed sign is attractive and will send a warm welcome to visitors to our City. FISCAL IMPACT: Non - budgeted The City will be responsible for maintenance of the sign. City staff worked closely with the CRA to ensure that the sign is constructed with low maintenance materials such as masonry, aluminum and PVC. Annualized maintenance cost is estimated at $500. ALTERNATIVES: Continue to rely on existing welcome signage. STRATEGIC PLAN: Positive and Exciting Boynton Beach Image: "Curb appeal" to Reputation STRATEGIC PLAN APPLICATION: Enhances community appearance. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type n Resolution Description RESO - southern entry sign Page 116 of 458 D Addendum D Addendum D Addendum REVIEWERS: Department Public Works Finance Legal City IManager F DOT Resolution :Construction Agreement Construction Bid Documents Reviewer Action Livergood, Jeffrey Approved Howard, Tim Approved Cherof, Jim Approved LaVerriere, Lori Approved Date 111512015 - 2:39 PIM 112112015 - 9:57 AIM 112612015 - 10:38 AIM 112912015 - 1:00 PIM Page 117 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING CONSTRUCTION AND MAINTENANCE OF A NEW SOUTHERN ENTRY SIGN IN THE FEDERAL HIGHWAY MEDIAN JUST NORTH OF GULFSTREAM BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach CRA has completed design for a new entrance sign into Boynton Beach located in the center median of Federal Highway; and WHEREAS, the decorative sign will be placed on Florida Department of Transportation right -of -way near the City's southerly border with Delray Beach, just north of Gulfstream Boulevard and will advise motorists travelling northbound on Federal Highway that they are entering the City of Boynton Beach; and WHEREAS, because the proposed location of the sign is within the right -of -way owned by the State of Florida, it is necessary to enter into this Memorandum of Agreement to allow the State to authorize construction as well as to ensure maintenance of the sign by the City of Boynton Beach WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to authorize the Mayor to sign the Memorandum of Agreement with the Florida Department of Transportation authorizing construction and maintenance of a new southern entry sign in Federal Highway median just north of Gulfstream Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 1 C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \25127F83- 48BC -409B- 9576- OF765E5963B5 \Boynton Beach. 745.1.Reso_For Federal_ Highway_ Entry_Sign.Doc Page 118 of 458 1 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed 2 as being true and correct, and are incorporated herein by this reference. 3 Section 2: That the City Commission hereby approves and authorizes the Mayor 4 to sign the Memorandum of Agreement with the Florida Department of Transportation 5 authorizing construction and maintenance of a new southern entry sign in Federal Highway 6 median just north of Gulfstream Boulevard, a copy of which is attached hereto as Exhibit "A ". 7 Section 3 : This resolution shall become effective upon its passage and adoption by the 8 City Commission. 9 PASSED AND ADOPTED this day of , 2015. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 2 C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \25127F83- 48BC -409B- 9576- OF765E5963B5 \Boynton Beach. 745.1.Reso_For Federal_ Highway_ Entry_Sign.Doc Page 119 of 458 Section No: Sec 2 Subsection: 93010000 County: Palm Beach State Road No. 5 (US1) RESOLUTION NO. MEMORANDUM OF AGREEMENT This AGREEMENT, made and entered into on this day of 2014, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF BOYNTON BEACH, a political subdivision, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 as a part of the State Highway System as described in Exhibit A; and WHEREAS, the AGENCY seeks to design, install, and have maintained by the AGENCY certain community aesthetic feature improvements and landscape improvements within the right of way of State Road 5 (US1) as described within Exhibit B; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY and WHEREAS, the AGENCY is of the opinion that the highway facilities within the AGENCY's limits that contain community aesthetic feature improvements and landscape improvements to medians and areas outside of the travelway to the right of way line and areas within the travelway containing community aesthetic feature name place signage, decorative lighting, including any other hardscape if applicable, but excluding standard concrete sidewalk, shall be maintained by periodic pruning, mowing, fertilizing, weeding, litter pick -up, necessary replanting, irrigation repair, community aesthetic feature repair, and repair of any median concrete replacements associated with specialty surfacing as needed; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians, outside of the travelway, and improvements made to the travelway that was made at the request of the AGENCY; and Page 120 of 458 WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting for the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated , 2015, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so. AGENCY By: Chairperson /Mayor Attest: Clerk Approval as to Form Date City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Transportation Development Director Attest: Executive Secretary Approval as to Form Date District General Counsel Page 121 of 458 850-040 -89 MAINTENANCE DGC — 07113 Page 2 of 4 5. The Construction Coordinator shall be responsible for monitoring construction operations and the maintenance of traffic ( "MOT ") throughout the course of the project in accordance with the latest edition of the DEPARTMENT Standard Specifications, section 102. The Construction Coordinator is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the DEPARTMENT Design Standards, Index 600 series. Any MOT plan developed by the Construction Coordinator that deviates from the DEPARTMENT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT prior to implementation. 6. The Construction Coordinator shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. 7. The Construction Coordinator will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. 8. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements resulting from this agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create or vest any property right to or in the Construction Coordinator, except as may otherwise be provided in separate agreements. The Construction Coordinator shall not acquire any right, title, interest or estate in DEPARTMENT right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Construction Coordinator's use, occupancy or possession of DEPARTMENT right of way. The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to chapter 163, Florida Statutes. 9. The Construction Coordinator shall perform all required testing associated with the design and construction of the project. Testing results shall be made available to the DEPARTMENT upon request. The DEPARTMENT shall have the right to perform its own independent testing during the course of the Project. 10. The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Agency, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. 11. If the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right of way at the sole cost, expense, and effort of the Construction Coordinator. The Construction Coordinator shall bear all construction delay costs incurred by the DEPARTMENT. 12. All work and construction shall be completed within 360 days of the date of the last signature affixed to this agreement. if construction is not completed within this time, the DEPARTMENT may make a claim on the bond. The DEPARTMENT may terminate this Agreement at any time, with or without cause and without DEPARTMENT liability to the Construction Coordinator, by providing sixty (60) days prior written notice of termination to the Construction Coordinator. 13. The Construction Coordinator shall be responsible to maintain and restore all features that might require relocation within the DEPARTMENT right of way. 14. The Construction Coordinator will be responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. 15. Upon completion of construction, the Construction Coordinator will be required to submit to the DEPARTMENT final as -built plans and an engineering certification that construction was completed in accordance to the plans. Prior to the termination of this Agreement, the Construction Coordinator shall remove its presence, including, but not limited to, all of the Construction Coordinator's property, machinery, and equipment from DEPARTMENT right of way and shall restore those portions of DEPARTMENT right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. 16. If the DEPARTMENT determines that the Project is not completed in accordance with the provisions of this Agreement, the DEPARTMENT shall deliver written notification of such to the Construction Coordinator. The Construction Coordinator shall have thirty (30) days from the date of receipt of the DEPARTMENT'S written notice, or such other time as the Construction Coordinator and the DEPARTMENT mutually agree to in writing, to complete the Project and provide the DEPARTMENT with written notice of the same (the "Notice of Completion "). If the Construction Coordinator fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the DEPARTMENT, within its discretion may: 1) provide the Construction Coordinator with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Construction Coordinator's sole cost and expense, without Page 123 of 458 850. 040-89 MAINTENANCE OGC — 07!13 Page 3 of 4 DEPARTMENT liability to the Construction Coordinator for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the DEPARTMENT elects to correct the deficiency(ies), the DEPARTMENT shall provide the Construction Coordinator with an invoice for the costs incurred by the DEPARTMENT and the Construction Coordinator shall pay the invoice within thirty (30) days of the date of the invoice. 17. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the DEPARTMENT'S sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The DEPARTMENT'S liability for breach of this Agreement is limited in amount and shall not exceed the limitations of liability for tort actions as set forth in Section 768.28(5), Florida Statutes. 18. All formal notices, proposed changes and determinations between the parties hereto and those required by this Agreement, including, but not limited to, changes to the notification addresses set forth below, shall be in writing and shall be sufficient if mailed by regular United States mail, postage prepaid, to the parties at the contact information listed below. 19. The Construction Coordinator shall not cause any liens or encumbrances to attacn to any portion of DEPARTMENT right of way. 20. This Agreement shall be governed by the laws of the State of Florida in terms of interpretation and performance. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida. 21. The Construction Coordinator may not assign, pledge or transfer any of the rights, duties and obligations provided in this Agreement without the prior written consent of the DEPARTMENT'S District Secretary or his/her designee. The DEPARTMENT has the sole discretion and authority to grant or deny proposed assignments, with or without cause. Nothing herein shall prevent the Construction Coordinator from delegating its duties hereunder, but such delegation shall not release the Construction Coordinator from its obligation to perform this Agreement. 22. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations or remedies upon any other person or entity except as expressly provided for herein. 23. This instrument, together with the attached exhibits and documents made part hereof by reference, contain the entire agreement of the parties and no representations or promises have been made except those that are specifically set out in this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties with respect to the subject matter of this Agreement, and any part hereof, are waived, merged herein and superseded hereby. 24. By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of consideration provided in this Agreement and forever waive the right to object to or otherwise challenge the same. 25. The failure of either party to insist on one or more occasions on the strict performance or compliance with any term or provision of this Agreement shall not be deemed a waiver or relinquished in the future of the enforcement thereof, and it shall continue in full force and effect unless waived or relinquished in writing by the party seeking to enforce the same. 26. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted the provision. 27. If any section, paragraph, clause or provision of this Agreement is adjudged by a court, agency or authority of competent jurisdiction to be invalid, illegal or otherwise unenforceable, all remaining parts of this Agreement shall remain in full force and effect and the parties shall be bound thereby so long as principle purposes of this Agreement remain enforceable. 28. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 29. The Construction Coordinator agrees to promptly indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents and employees from and pay all demands, claims, judgments, liabilities, damages, fines, fees, taxes, assessments, penalties, costs, expenses, attorneys' fees and suits of any nature or kind whatsoever caused by, or arising out of or related to the performance or breach of this Agreement by the Construction Coordinator, including, without limitation, performance of the Project within the DEPARTMENT'S right of way. The term "liabilities" shall specifically include, without limitation, any act, action, neglect or omission by the Construction Coordinator, its officers, agents, employees or representatives in any way pertaining to this Agreement, whether direct or indirect, except that neither the Construction Coordinator nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence, intentional or wrongful acts of the DEPARTMENT or any of its officers, agents or employees. The Construction Coordinator shall notify the DEPARTMENT in writing immediately upon becoming aware of such liabilities. The Construction Coordinator's inability to evaluate liability, or its evaluation of liability, shall not excuse performance of the provisions of this paragraph. The indemnities assumed by the Construction Coordinator shall survive termination of this Agreement. The insurance coverage and limits required in this Agreement may or may not be adequate to protect the Page 124 of 458 850-040-89 MAINTENANCE OGC - 67!13 Page 4 of 4 DEPARTMENT and such insurance coverage shall not be deemed a limitation on the Construction Coordinator's liability under the indemnities granted to the DEPARTMENT in this Agreement. 30. Construction Coordinator: (1) shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Construction Coordinator during the term of the contract; and (2) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 31. COMPLIANCE WITH LAWS The Construction Coordinator shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Coordinator in conjunction with this Agreement. Specifically, if the Construction Coordinator is acting on behalf of a public agency the Construction Coordinator shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the Construction Coordinator. (2) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Construction Coordinator upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. Failure by the Construction Coordinator to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Construction Coordinator shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Construction Coordinator and shall promptly provide the Department a copy of the Construction Coordinator's response to each such request. E xecutive Name Vivian Brooks Title CRA Office R am- i Simon D irector Office No, 561-600-9091 Cell Email S1monM0bbf1.us Ad dress Mail * Be ach, IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for the pu rposes - expressed _ dates indicated belo `• 1` ,� '7 • A Z`.1 I � ATO i t Vivi CRA Executive Director (Title) (Date) , M �, � { �I40 V a�'► � �i,C* Ii ► iii r ;• it (Signature) (Print Name) (Title) �,� .................... (Date) Page 125 of 458 EXHIBIT A UNIT11111im'A IL Z- t LL oil plans prepared by Jonathan D. Haigh, R.L.A. and dated 12/04/2014. Any revisions must be approved by the DEPARTMENT in writing. Page 126 of 458 Page 127 of 458 Image of existing sign in median. aw =-I LVITIM. wF41111jr4ror $ , 1 0 0 1 , 4 11 , t . 1 0 0 1 - Page 128 of 458 View looking south from the southbound lanes. BOYNTON BEACH WELCOME SIGNAGE BOYNTON BEACH CRA PALM BEACH COUNTY NORTH AND SOUTH WELCOME SIGNS ON NORTH FEDERAL HIGHWAY (U.S. 1) 00.0 INDEX OF SHEETS COMER SHEET SURMEY C1.0 NORTH SITE PLAN CIA SOUTH SITE PLAN C2.0 NORTH SIGN DETAILS C2.1 NORTH SIGN FABMCA110N NOTES C2.2 SOUTH SIGN DETAILS C2.3 SOUTH SON STRUCTURAL NOTES C2.4 LIGHTING DETAILS E1.0 NORTH LIGHTING PLAN E1.1 SOUTH LIGHTING PLAN L1.0 NORTH LANDSCAPE PLAN L1.1 SOUTH LANDSCAPE PLAN L1.2 LANDSCAPE DETAILS / NOTES L2.0 NORTH IRRIGATION PLAN 1-2.1 SOUTH IRRIGATION PLAN BOYNTON g'"RA ':BEACH �,i"t. B B.ch FIT 33435 BOARD MEMBERS +.n ib uw arwwrw x.w o�, wz now ■ub rawesw uum ioe[rt w.t wsr earm loam w.a K.yew euwo ioiu L2.2 IRRIGATION DETAILS / NOTES HIS IS CITY OF BOYNTON BEACH FUNDED AND MANAGED PROJECT. 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CONSENT AGENDA 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -011 - Authorize the Mayor and City Clerk to enter into an extension of a lease agreement with Stage Left Theatre, Inc. for the use of the City -owned Madsen Center building located at 145 S.E. 2nd Avenue. EXPLANATION OF REQUEST: In 2012, the City entered into a lease with Stage Left Theatre, Inc. to allow the private non - profit use of the Madsen Center located at 145 S.E. 2nd Avenue. Stage Left Theatre has since successfully operated a non- profit community theater at this facility that has largely been deemed to be a successful endeavor. Stage Left Theatre has made a number of authorized improvements to the building interior to better support theater operations. The lease amount is $1.00 per month. The lease is past its renewal date and must now be extended. City staff proposes extension /renewal of the lease for term ending July 15, 2017. The monthly ease amount remains $1.00 per month. Even though lease can be terminated by either party with 90 days notice, the proposed lease clearly emphasizes the goal to redevelop the Town Square area in the next several years. Redevelopment of this area will, in all likelihood, include demolition or re -use of the Madsen Center. Thus the potential for lease termination is fully transparent to the Tenant. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Stage Left Theatre did not arrive without controversy. Shared use of the Madsen Center with the long standing shuffleboard club was problematic at first. However, with City assistance, Stage Left Theatre and the shuffleboard club have co- existed well and there are no longer concerns in this regard. FISCAL IMPACT: Budgeted No discernible impact over current conditions. ALTERNATIVES: Terminate the lease agreement with Stage Left Theatre, Inc. and assign other, non - defined, activities to the building interior. At this time the City has no defined municipal need for the building. STRATEGIC PLAN: Energetic Downtown: Focal Point for Boynton Beach STRATEGIC PLAN APPLICATION: The theatre has been a visitor destination. A41►h /_t9=W_Tst 1101Ll LlIT CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 147 of 458 r'nAIT04r`TC VENDOR NAME: Stage Left Theatre, Inc. START DATE: END DATE: 7/17/2017 CONTRACT VALUE: MINORITY OWNED CONTRACTOR ?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: ATTACHMENTS: Type D Resolution D Agreement REVIEWERS: Department Reviewer Public Works Livergoo , Jeffrey F inance Howard, Tim Legal Cherof, Jim City Manager LaVerriere, Lori Description RPSO - Stage Lett lease Commercial Lease Agreement Action Date Approved 1/15/2015 - 2:55 PM Approved 1/23/2015 - 9:35 Al Approved 1/26/2015 - 10:40 Al Approved 1/29/2015 - 1:01 PM Page 148 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND STAGE LEFT THEATRE, INC., FOR LEASE OF THE MADSEN CENTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2012, the City entered into a Lease Agreement with Stage Left Theatre, Inc., to allow the private- non - profit use of the Madsen Center located at 145 SE 2" d Avenue; and WHEREAS, Stage Left has successfully operated the non - profit community theater at this facility and made a number of authorized improvements to the building interior to better support theater operations; and WHEREAS, the Lease must now be extended and City staff is proposing an extension /renewal of the Lease for a term ending July 15, 2017; and WHEREAS, staff is recommending the City Commission approve the execution of the Commercial Lease Agreement between the City of Boynton Beach and Stage Left Theatre, Inc., for lease of the Madsen Center to hold live stage plays and musical productions. 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. C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ DF67FBFO- OF49- 4D5E- 9DC7- BBF6FO84F8D8 \Boynton Beach. 746.1.Reso Stage_ Left_ Commercial_Lease. doc Page 149 of 458 1 Section 2. The City Commission hereby approves and authorizes the Mayor and City 2 Clerk to execute the Commercial Lease Agreement between the City of Boynton Beach and Stage 3 Left Theatre, Inc., for lease of the Madsen Center for live stage plays and musical productions for 4 the monthly lease amount of $1.00 for a term ending July 15, 2017, a copy of the Lease is 5 attached hereto as Exhibit "A ". A 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2015. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ DF67FBFO- OF49- 4D5E- 9DC7- BBF6FO84F8D8 \Boynton Beach. 746.1.Reso Stage_ Left_ Commercial_Lease. doc Page 150 of 458 Commercial Lease Agreement This Commercial Lease Agreement ( "Lease ") is made and effective this day of February, 2015, by and between CITY OF BOYNTON BEACH, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 ( "Landlord ") and STAGE LEFT THEATRE, INC, a Florida Non - Profit Corporation ( "Tenant "). Landlord is the owner of land and improvements commonly known and numbered as 145 S.E. 2 nd Avenue, Boynton Beach, Florida 33435 and legally described as: LEGAL OF PROPERTY: see attached Exhibit "A" for legal description, diagram of leased premises, and available sign location. Landlord desires to lease approximately square feet ( "Leased Premises ") of the building to Tenant and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term A. The term of the Lease shall be for a period of thirty -six (36) months ending July 15, 2017. B. Either party may terminate the lease by giving the other party ninety (90) days written notice. Should the Landlord terminate the lease with notice, the Landlord will refund applicable lease payments. C. The Landlord is currently evaluating Town Square improvements that may require Tenant to vacate the property earlier than the stated lease termination date. In the event Landlord decides, in its sole judgment, to make improvements or demolish all or part of the lease premises, it shall provide no less than ninety (90) days written notice as provided in 1B hereof. 2. Rental A. Tenant shall pay to Landlord annually during the Term rental of $1.00 per month. The annual payment of $12.00 shall be due in advance on or before the first day of each calendar year during the lease term. Payment to be made to Landlord at Boynton Beach City Hall, Finance Department, 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435. 3. Use Use is limited to public stage theatre, and for no other purpose. Tenant covenants not to permit any theatrical performance involving nudity. C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \6F225AE9 - 2457 - 4640- 93DD- 73B58B478EC4 \Boynton Beach. 747.1. Commercial_ Lease_ Agreement - _ Madsen _Center (Rev 011615).Doc Page 151 of 458 4. Sublease and Assignment This Lease is not assignable and Tenant may not sublease the Leased Premises 5. Repairs During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises except those which are the responsibility of Landlord. Landlord is responsible for HVAC, roof, plumbing, window, and door repairs or maintenance of the leased Premises. 6. Alterations and Improvements Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, specialty lighting, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. 7. Property Taxes A. Although the parties anticipate that the property will not be subject to real property taxes, in the event real property taxes are assessed, Tenant shall pay to Landlord a proportionate share of the real property taxes, if any, based on the ratio of the square footage of the Lease Premises to the total square footage of the property. B. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. 8. Insurance A. It shall be the responsibility of STAGE LEFT THEATER to maintain commercial general liability and property insurance during the duration of this contract. B. STAGE LEFT THEATER 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; $1,000,000 and aggregate for personal injury; and, property insurance to cover the interior and contents of the leased property. C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \6F225AE9 - 2457 - 4640- 93DD- 73B58B478EC4 \Boynton Beach. 747.1. Commercial_ Lease_ Agreement - _ Madsen _Center (Rev 011615).Doc Page 152 of 458 C. Said general liability policy shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. D. STAGE LEFT THEATER shall furnish the City with a Certificate of Insurance prior to the start of any use of City facilities. Said insurance companies must be authorized to do business in the State of Florida, and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. E. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. 9. Utilities Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 10. Sims Tenant shall be permitted use of Landlord's current signage on the property the location of which is notated on Exhibit "A ". Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's sole discretion is deemed too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. 11. Entry Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \6F225AE9 - 2457 - 4640- 93DD- 73B58B478EC4 \Boynton Beach. 747.1. Commercial_ Lease_ Agreement - _ Madsen _Center (Rev 011615).Doc Page 153 of 458 12. Parking During the term of this Lease, Tenant shall have the non - exclusive use in common with Landlord, other tenants of the Building, their guests and invitees, of the non - reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate parking areas within the Building or in reasonable proximity thereto, for Tenant and Tenant's agents and employees. 13. Damage and Destruction If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, this Lease shall be deemed terminated as of the date of such damage. 14. Default. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 15. Quiet Possession Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 16. Condemnation If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \6F225AE9 - 2457 - 4640- 93DD- 73B58B478EC4 \Boynton Beach. 747.1. Commercial_ Lease_ Agreement - _ Madsen _Center (Rev 011615).Doc Page 154 of 458 17. Security Deposit The Security Deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of rental or a measure of Landlord's damages in case of default by Tenant. Unless otherwise provided by mandatory non - waivable law or regulation, Landlord may commingle the Security Deposit with Landlord' s other funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. If Tenant is not in default at the termination of this Lease, the balance of the Security Deposit remaining after any such application shall be returned by Landlord to Tenant. If Landlord transfers its interest in the Premises during the term of this Lease, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit. 18. Notice Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: Landlord to: City of Boynton Beach Attn: City Manager 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Tenant to: Stage Left Theatre, Inc. Attention: Peter Pagliaro 225 Saratoga Blvd. East Royal Palm Beach, F133411 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 19. Brokers. Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in, any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \6F225AE9 - 2457 - 4640- 93DD- 73B58B478EC4 \Boynton Beach. 747.1. Commercial_ Lease_ Agreement - _ Madsen _Center (Rev 011615).Doc Page 155 of 458 20. Waiver No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 21. No Recording of Lease Neither party will record this lease. 22. Headings The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 23. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives and successors. 24. Performance If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lessor of twelve percent (12 %) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. 25. Compliance with Law Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 26. Tenant's Covenants. Tenant covenants that it is a 501(c)(3) entity and that it will maintain that status during the term of this lease. On written request from the landlord, Tenant will promptly provide proof of and execute affidavits attesting to that status. C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \6F225AE9 - 2457 - 4640- 93DD- 73B58B478EC4 \Boynton Beach. 747.1. Commercial_ Lease_ Agreement - _ Madsen _Center (Rev 011615).Doc Page 156 of 458 27. Final Agreement This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 28. Governing Law and Venue This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. In the event of court action to enforce this lease, venue will be in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. CITY OF BOYNTON BEACH, FLORIDA IM Jerry Taylor, Mayor WITNESS AS TO CITY WITNESS AS TO CITY ATTEST: JANET M. PRAINITO, CITY CLERK APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \6F225AE9 - 2457 - 4640- 93DD- 73B58B478EC4 \Boynton Beach. 747.1. Commercial_ Lease_ Agreement - _ Madsen _Center (Rev 011615).Doc Page 157 of 458 STAGE LEFT THEATRE, INC. IM Peter S. Pagliaro, Jr., President WITNESS AS TO TENANT WITNESS AS TO TENANT STATE OF FLORIDA ) SS. COUNTY OF ) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally appeared personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the County and State aforesaid on this day of , 2015. NOTARY PUBLIC My Commission Expires: C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \6F225AE9 - 2457 - 4640- 93DD- 73B58B478EC4 \Boynton Beach. 747.1. Commercial_ Lease_ Agreement - _ Madsen _Center (Rev 011615).Doc Page 158 of 458 6.F. CONSENT AGENDA 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -012 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Lakeside Christian Center Assembly of God, Inc., (Pastor Johan H Van Heerden) for the property at 9613 Knuth Road, Boynton Beach, FL. EXPLANATION OF REQUEST: The property covered by this Agreement is located in the unincorporated Palm Beach County area outside of the City limits in our water service area, west of Congress Avenue between Old Boynton Road and Boynton Beach Blvd. The property historically receives water from a well and the owner now requests that we provide potable water in the future. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is able to provide water to the property. 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. FISCAL IMPACT: Customers outside the City limits pay an additional 25% surcharge above the water rates charged to customers within the City. ALTERNATIVES: Deny request to provide service. If service is denied the Consumptive Use 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 ". ��00 »_1►F �g 0 0 _ A 1 *11102:2 _ 1► I _ 1 » 41904 1101► A CLIMATE ACTION: No A 41 ►h /ill 9�_T��[�7►��7��9[�7►A Is this a grant? No Grant Amount: /_11iffe3:1►hl=1►11 &11 Page 159 of 458 Type D Resolution D Agreement D Other Description REsolution Approving Lakeside Christian Water Service Agreement Lakeside Christian Water Svc Agreement Lakeside Christian PAPA Record Page 160 of 458 I RESOLUTION NO. R15- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND LIKESIDE CHRISTIAN 9 CENTER ASSEMBLY OF GOD, INC; PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, at 9613 Knuth Road, Boynton Beach, Florida (PCN: 00- 43 -45- 15 19 -05- 053- 0020); and 16 WHEREAS, the parcel covered by this agreement is located in unincorporated Palm 17 Beach County portion of the City's utility service area and will be used as a church; and 18 WHEREAS, the property historically receives water from a well and the owner now 19 requests that the City provide potable water in the future; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 29 Lakeside Christian Church Assembly of God, Inc., a copy of said Agreement is attached C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ OA999723- 88E3- 42CA- B695- 7506BD111C28 \Boynton Beach. 729.1.Reso_- _ Lakeside _Christian Church Water Service_Agreement.doc Page 161 of 458 I hereto as Exhibit "A ". 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ OA999723- 88E3- 42CA- B695- 7506BD111C28 \Boynton Beach. 729.1.Reso_- _ Lakeside _Christian Church Water Service_Agreement.doc Page 162 of 458 I MY tate ot Rionda, hereinafter called the ficit'a L WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide wat service to the property owned by Customer; and I WHEREAS, the City of Boynton Beach has the ability to provide water service to Customees property, and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of Ae r, a IM7, I NOW THEREFORE, for and in consideration ofthe privilege ofreceiving water service firom the Municipal Water System and the mutual covenaonts ex ,iressod erei-T.- Vro!r 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real properkidesc�ribed as�follow��,IA4k_"ftMMXM=M" Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ONE Equivalent Residenti Connections which City shall service. I 4. Any water main extension made pursuant to this Agreement shall be used onlyby the Customer, unless written consent is granted by the City of Boynton Beach for other parties to Page 163 of 458 connect. All connections shall be made in accordance with the Codes and regulations of Boyntl Beach. 5. Title • all mains, extensions and other facilities extended from the City Water listribution System to and including the metered service to Customer shall be vested in the City z;xclusively unless otherwise conveyed or abandoned to the property owner. Page 164 of 458 connection with post judgment collection) and costs rising out o f or resu g rom e Customer's obligation under or Performance pursuant to th m in f th warranty of title. is Agree ent including disputes for breach of 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject • this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) K Page 165 of 458 UmmAm wffmm3mY=;1 Linda Tholl Printed Witness Name tness Signature Loren Hou to Printed Witness Name ATTEST �Secre�t Dolly Caddell Print Name FZVF mok CORPORATION AS OVvrNER(S): By: Its: Aresident Print Name and Title : My COMMISSION # EE IT= EXPIRES: Jury s, 2016 414 4 -- -mv Bor*d T " o ffiv i m Page 166 of 458 WON 010 K I I 41c" 1 k I I 1 1 0 0 ; - 0 , p - 1 §0114 AU - 00 • o • is • . • 1 0 Lori LaVerriere, Cit Manager City Clerk Uj Now= STATE OF FLORIDA )ss: COUN`IY OF PALM BEACH) 'WITNESS my hand and official seal in the County and State last aforesaid this_ dayof 201_. NZ�M gm=.-A • vrj�• • � 5 Page 167 of 458 yf2» ■?±i�22f2<<x »! ■ «yf42±y< «f 222 ( y Corpo atRepresenta © « »» »24222 ■fA ± The #+» »< and authority of :< attorne THE CITY OF i «22? «? i2A« FLORIDA, s commence a be in force and effec on ©- d»< of ?! za y < * «»e« w4 2 "i IfINTINTIVIC w 2:> Page 168 of 458 IN WITNESS WHEREOF, we have hereunto set our hands and seals the X. 510�* ) ,, aa-tc , in the year 20 16 I Uf- Sealed and delivered in the presence of 0m, MaVrIOW Corporation Name: Lakeside Christian Center of Assembly of God, Inc. Witness Sighfiture Loren Houehton 0 PON .I - INIMMIRIMIM lwmverr,� By: Print Name and Title: Johan van Heerden - Pastor ATTEST: Dolly Caddell Secretary 9 Witness my hand and official seal in the County and State last aforesaid this 12 day of _ 20 NO PUBLIC Page 169 of 458 Page 1 of 1 � r I Mailing address Ownes ILAKESIDE CHRISTIAN CENTER 3560 OLD BOYNTON RD 1,4 136 GOD INC BOYNTON BEACH FL 33436 3914 Sales Date Price OR Book/Page Sale Type Owner MAR -2014 $400,000. 26699 / 1251 WARRANTY DEED LAKESIDE CHRISTIAN CENTER MAY-2005 $335,000 18688 /1639 WARRANTY DEED MOTE ENTERPRISES LLC No Exemption Information Available. Number of Units I *Total Square Feet 2147 Acres 0.93 Use Code 0100 - SINGLE Zoning AR - Agricultural Residential ( 00- FAMILY UNINCORPORATED) Tax Year 2014 P 2013 2012 Improvement Value $74,388 $53,705 $42,94 Land Value $58,125 $46,500 $46,50 Total Market Value $132,513 $100,205 $89,44 - ---- ------ ------ - - --- ------ --- -- ------------------ ---------- - ----- ------ - - ---- P ® All values are as of January 1st each year Preliminary Tax Year 2014 P 2013 2012 Assessed Value $108,233 $98,394 $89,44 Exemption Amount $0 $0 $1 Taxable Value $108,233 $98,394 $89,44 ....... ....... ----------- — ----- Tax Year 2014 P 2013 2012 Ad Valorem $2,221 $1,870 $1,71: Non Ad Valorem $361 $355 $35 Total tax $2,582 $2,225 $2,06 http://Www.pbcgov.com/papalAspsIPropertyDetaillPropertyDetail.aspx?parcel=00434 ... P 59h / Y o q f 458 6.G. CONSENT AGENDA 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -013 - Authorize the execution of an agreement between the City and CRA that conveys property at 480 Ocean Avenue to the CRA which is currently the location for the relocated Ruth Jones Cottage aka "Little House ". EXPLANATION OF REQUEST: On July 6, 2010, the City and CRA entered into a Land Lease Agreement to allow for the placement of the Ruth Jones Cottage on City owned property at Ocean Avenue and NE4th Street (PCN 08- 43- 45- 28 -03- 008 - 0010), which is improved for use as a public parking lot. Placement of the Cottage on this parcel reduced the twenty -one (21) public parking spaces to sixteen (16) with one (1) additional handicap space. The required number of parking spaces for the current use of the building is eight (8). Conveyance of this parcel to the CRA would facilitate the lease or sale of the parcel to a private entity, thereby increasing the site's desirability with control of on -site parking. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In exchange for the conveyance of this parcel, the CRA staff is proposing to fund improvements to open twenty -four (24) to twenty -six (26) public parking spaces on the City owned parcel (PCN 08- 43- 45- 28 -03- 001 -0080) located at the corner of NE 1st Ave and NE 4th Street, north of Ocean Avenue. This would result in a net increase in available public parking of up to nine (9) additional spaces. FISCAL IMPACT: N /A. Improvements to provide public parking on the alternative site on NE 4th Street would be borne by the CRA. ALTERNATIVES: Do not approve the land conveyance. �11 0:7_ll 1*111:02»_1►F STRATEGIC PLAN APPLICATION: A41►h /_t9�_T��[�7►F CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: /_11ir_Te3:ILhl=1►11 &11 Page 171 of 458 Type Resolution Addendum Addendum D Addendum REVIEWERS: Department Development Legal City Manager Reviewer Action Byrne, Fancy Approved Cherot, Jim Approved LaVerriere, Lori Approved Date 121412014 - 11:20 AIM 112612015 - 10:36 AIM 112912015 - 12:50 PM Page 172 of 458 1 RESOLUTION R15- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO 5 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 7 REDEVELOPMENT AGENCY THAT CONVEYS THE 8 PROPERTY AT 480 OCEAN AVENUE TO THE BOYNTON 9 BEACH CRA; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on July 6, 2010, the City and CRA entered into a Land Lease Agreement 12 to allow the placement of the Ruth Jones Cottage on City owned property at Ocean Avenue and 13 Northeast 4 th Street which is improved for use as a public parking lot; and 14 WHEREAS, placement of the Cottage on this parcel reduced the twenty -one (21) 15 public parking spaces to sixteen (16); and 16 WHEREAS, conveyance of this parcel to the CRA would facilitate the lease or sale of 17 the parcel to a private entity, thereby increasing the site's desirability with control of on -site 18 parking; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 20 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton 21 Beach to authorize the Mayor and City Clerk to sign an Interlocal Agreement with the Boynton 22 Beach Community Redevelopment Agency that conveys title to the property at 480 Ocean 23 Avenue which is currently the location of the relocated Ruth Jones Cottage to the Boynton 24 Beach CRA. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption C:AProgram Files ( x86)Aneevia.com \docConverterProA temp\ NVDC\ 44886D8E- EB2D- 462A- 87CD- AE02E708E508 \Boynton Beach. 750.1.Reso_ -_CRA Little_ House_Conveyance.docto convey Little House Property Reso Page 173 of 458 1 hereof. 2 Section 2. The City Commission hereby authorizes the Mayor and City Clerk to 3 sign an Interlocal Agreement with the Boynton Beach Community Redevelopment Agency that 4 conveys title to the property at 480 Ocean Avenue which is currently the location of the 5 relocated Ruth Jones Cottage to the Boynton Beach CRA, a copy of said Interlocal Agreement 6 is attached hereto and made a part here as Exhibit "A ". 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2015. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C:AProgram Files ( x86)Aneevia.com \docConverterProA temp\ NVDC\ 44886D8E- EB2D- 462A- 87CD- AE02E708E508 \Boynton Beach. 750.1.Reso_ -_CRA Little_House_Conveyance.docto convey Little House Property Reso Page 174 of 458 PAPA Maps http: / /www. co.palm- beach.fl.us /papa/ Asps /papagis /papagis.aspx ?qvalue... Search Search Results Detail View Pror)erty Record PO BOX 310 Mailing Address BOYNTON BEACH FL 334250310 Use Type 9000 LEASEHOLD INT 1 of 1 Tm O c- rw'Av Page 175 of 458 11/7/2014 4:00 PM I �I �I �I W' QI Q I I I ��w O CEAN AUE_A _ ° z c ,Qn 8 ,�r 88.36' 0.p Om ui A \ LOT 2 LOT 1 BLOCK 8 BLOCK 8 a �1 �� R v <ucY Poa+, cr II a Pos.T g. a � ri190 i� eT �v 0 a LOT 17 LOT 12 h BLOCK 8 BLOCK 8 LES- � = cENTERVOD cbNC = cb BETE FH = FIRE HYDRANT E = WATER VALVE 5S = 5AUTARY SEWER MAA XIE - 12,G = ELEVATD W BALED L NAT DAL GEODETIC VERTICAL DATUM 1929. SOTDCE PALM BEACH DAVNTY BENLTI MARK FL COD Z0,1E C i LOTS 1 AN0 2, BLORA 0 TOGE WITH THE 20 FOOT ALLEY RIGHT OF WAY L SWTH NF AHO AOJAEc'NT TO LOTS I A 2. BLOOD 8, TOWN OF BOYNT�I, ACCOR6WG TO THE PLAT ThERE1,, AS F£CCROEO I PLAT BOOK 4 PAGE 23, OF ThE PD,$IC RECORDS OF PALM BEACH COUNTY. FLORIDA. MAP OF BOUNDARY SURVEY 17 6 FL PAUL D. ENGLE oa SURVEYOR & MAPPER #(5708 Page 176 of 458 PAPA Maps http: / /www. co.palm- beach.fl.us /papa/ Asps /papagis /papagis.aspx ?qvalue... M , `{{ }� ;! �p� {' }r Si�/!� ➢ ��}�I,!� �'} Bi �} i i { s, ;' ,,t, 1 of 1 Search Search Results Detail View Property Record Own BOYNTON BEACH CITY OF P r erty detail Location NE 4TH ST Municipality BOYNTON BEACH Parcel No. 08434528030010080 Subdivision BOYNTON TOWN OF IN Book 12749 Page 707 Sale slate JUL -2001 PO BOX 310 Mailing Address BOYNTON BEACH FL 334250310 Use Type 8900 - MUNICIPAL Total 0 Square Feet Ist Av Page 177 of 458 11/7/2014 3:59 PM 6.H. CONSENT AGENDA 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -014 - Authorize the City Manager to execute an interlocal agreement between Palm Beach County and the City of Boynton Beach for the reimbursement of three (3) Power pro Ambulance cots and accessories as per the Palm Beach County Emergency Management ( PBCEM) recently awarded Emergency Medical Services FY 2014 -2015 EMS Grant. The reimbursement under this agreement shall not exceed $37,333. EXPLANATION OF REQUEST: The Boynton Beach Fire Rescue Department is seeking to update and replace its current inventory of three (3) battery- powered stretchers which have been in service since 2008 with a new state -of- the -art version power stretcher (6506 POWERPRO XT) which feature a more robust battery system and enhanced safety features. This interlocal agreement will provide the City reimbursement for the cost of three (3) battery powered stretchers. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This purchase will allow the fire department to successfully complete the replacement plan of our older battery- powered stretchers. This will ensure our equipment continues to the in the best working condition possible for our patients and paramedics. FISCAL IMPACT: Non - budgeted The City of Boynton Beach will be reimbursed for the cost of the battery powered stretchers up to the amount of $37,333.00 via the FY 2014 -2015 PBCEM EMS Grant. ALTERNATIVES: Not to approve the interlocal agreement and utilize City funds for the cost of three (3) battery operated stretchers. STRATEGIC PLAN: �g0 0 'l 1*3102»_1►I_1 »4 Kill 1101►A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: 37333.00 ATTACHMENTS: Type Resolution Description Resolution approving ILA with PBC for reimbursement of new stretchers and accessories Page 178 of 458 D Agreement Agreement with PBCEIM N =kYj I ATA =1 *13 Department Reviewer Action Date F ire Carter, Ray Approved 1/26/2015 - 9:10 Al Finance Howard, Tim Approved 1/26/2015 - 10:47 AIM Legal Swanson, Lynn Approved 1/28/2015 - 3:02 PM City Manager LaVerriere, Lori Approved 1/29/2015 - 1:00 PM Page 179 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR THE REIMBURSEMENT OF THREE POWER PRO AMBULANCE COTS AND ACCESSORIES PURSUANT TO THE PALM BEACH COUNTY EMERGENCY MANAGEMENT (PBCEM) REDENTLY AWARDED EMERGENCY MEDICAL SERVICES FY 2014 -2015 EMS GRANT; AUTHORIZING THE CITY MANAGER TO SIGN THE INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Fire Rescue Department is seeking to update and replace its current inventory of three (3) battery- powered stretchers which have been in service since 2008 with a new state -of -the -art version power stretcher (6506 POWER-PRO XT) which features a more robust battery system and enhanced safety features; and WHEREAS, Palm Beach County has agreed to reimburse the City from its FY2014- 2015 EMS State grant funds for the purchase of three (3) Power Pro Ambulance Cots and accessories in an amount not to exceed $37, 333.00; and WHEREAS, the City Commission upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize the City Manager to sign the Interlocal Agreement with Palm Beach County to reimburse the City for three (3) Power Pro Ambulance Cots and accessories pursuant to the Palm Beach County Emergency Management recently awarded Emergency Medical Services FY 2014 -2015 EMS Grant in an amount not to exceed $37,333.00. 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 30 hereof. Page 180 of 458 1 Section 2. The City Commission approves and authorizes the City Manager to sign 2 the Interlocal Agreement with Palm Beach County to reimburse the City for three (3) Power 3 Pro Ambulance Cots and accessories pursuant to the Palm Beach County Emergency 4 Management recently awarded Emergency Medical Services FY 2014 -2015 EMS Grant in an 5 amount not to exceed $37,333.00, a copy of the Interlocal Agreement is attached hereto and 6 made a part hereof as Exhibit "A ". 7 Section 3. That this Resolution shall become effective immediately upon passage. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Page 181 of 458 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE REIMBURSEMENT OF EMERGENCY MEDICAL SERVICES GRANT EQUIPMENT THIS INTERLOCAL AGREEMENT ( "Interlocal Agreement" or "Agreement" or "contract ") is made as of the day of , 2015, by and between the Board of County Commissioners, Palm Beach County, a political subdivision of the State of Florida (herein referred to as COUNTY), and the City of Boynton Beach a municipal corporation of the State of Florida (herein referred to as the CITY), each one constituting a public entity as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, The Department of Health, Bureau of Emergency Medical Services (DOHEMS) is authorized by Chapter 401, Part 11, Florida Statutes, to dispense grant funds. Forty -five percent (45 %) of these funds are made available to the 67 Boards of County Commissioners (BCCs) throughout the State to improve and expand pre- hospital Emergency Medical Services (EMS) in their county; and WHEREAS, DOHEMS County grants are only awarded to Boards of County Commissioners (BCC), however, each BCC is encouraged to assess its countywide EMS needs and establish priorities before submitting a grant application; and WHEREAS, the COUNTY may reimburse and disburse the State trust funds to licensed emergency medical providers; and WHEREAS, the COUNTY agrees to reimburse the CITY from its FY2014 -2015 EMS State grant funds for the purchase of three (3) Power pro Ambulance Cots and accessories (`EQUIPMENT" or "EMS equipment ") and the CITY agrees to accept said reimbursement under the terms and conditions of the EMS State grant and this Agreement. Now, therefore, in consideration of the mutual promises contained herein, COUNTY and CITY agree as follows: ARTICLE I — RECITALS The above recitals are true, correct and incorporated herein. Page 1 of 6 Page 182 of 458 ARTICLE 2 - REPRESENTATIVE /MONITORING POSITION The COUNTY'S representative /Agreement monitor during the term of this Agreement shall be Sally Waite, whose telephone number is (561) 712 -6484. The CITY'S representative /contact monitor during the term of the Agreement shall be EMS Coordinator Mike Landress, whose telephone number is (561) 742 -6337. ARTICLE 3 - PAYMENT TO TOWN The total amount to be paid by the COUNTY from its FY2014 -2015 EMS grant funds for the purchased EMS Equipment as reimbursement to the CITY under this Agreement shall not exceed a total amount of thirty seven thousand three hundred and thirty three dollars ($37,333.00). The CITY shall purchase the EQUIPMENT and submit the required documentation for reimbursement (referenced in Article - 4) to the COUNTY Representative at least ninety (90) days before the expiration of the FY2014 -2015 EMS State Grant. Approved documentation will be processed by the County Finance Department for payment to the CITY. ARTICLE 4 - GRANT PROGRAM REQUIREMENTS CITY SHALL A. Comply with general requirements, and conditions of the State EMS County Grant Program. B. Submit to the COUNTY Representative on or before September 30, 2015 copies of paid receipts, invoices, or other documentation acceptable to the Palm Beach County Finance Department to establish that the purchase of the EQUIPMENT was incurred by the CITY. C. Immediately return the purchased EQUIPMENT to the COUNTY, should the CITY cease to operate its pre- hospital emergency medical services during the life of the equipment. D. Submit a training report to the COUNTY'S Division of Emergency Management to include a sign in sheet, date, title and contact number of the persons trained for the EQUIPMENT within 90 days of the effective date of this Agreement. This report shall include all of the necessary training provided for the EQUIPMENT and will be the responsibility of the CITY purchasing the EQUIPMENT to provide the training. CITY's failure to satisfactorily complete the training in the timeframe provided shall constitute a breach of contract. As such, COUNTY may terminate this Agreement and demand return of the EQUIPMENT. Page 2 of 6 Page 183 of 458 ARTICLE 5 — LIABILITY /INDEMNIFICATION Each party to this Agreement shall be liable for its own actions and negligence. To the extent permitted by law, and without waiving sovereign immunity beyond the limits set forth at Sec. 768.28, Florida Statutes the CITY agrees to indemnify, defend and hold harmless the COUNTY against any actions, claims or damages arising out of the CITY'S use, care and maintenance of the EQUIPMENT. ARTICLE 6 — FILING A copy of this Interlocal Agreement will be filed with the Clerk of Circuit Court in and for Palm Beach County. ARTICLE 7 - AVAILABILITY OF FUNDS The COUNTY'S performance and obligation to pay under this Agreement is contingent upon annual appropriations from the FY2014 -2015 EMS State grant funds. On -going costs for EMS, maintenance and replacement of the EQUIPMENT is the responsibility of the CITY and will not be funded under this grant program. Such costs remain the responsibility of CITY. The COUNTY shall have no further obligation to the CITY, or any other person or entity. ARTICLE 8 — REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any citizen or employees of the COUNTY and /or the CITY. ARTICLE 9 — ARREARS The CITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any Interlocal Agreement, debt, obligation, judgment, lien, or any form of indebtedness. The CITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Interlocal Agreement. ARTICLE 10 - ACCESS AND AUDITS The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CITY'S place of business. Page 3 of 6 Page 184 of 458 Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2 -421 - 2 -440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the CITY, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2 -421 - 2 -440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. ARTICLE 11 — NONDISCRIMINATION The CITY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information. CITY has submitted to COUNTY a copy of its non - discrimination policy which is consistent with the above, as contained in Resolution R- 2014 -1421, as amended, or in the alternative, if CITY does not have a written non - discrimination policy, it has acknowledged through a signed statement provided for COUNTY affirming their non - discrimination policy conforms to R -2014- 1421, as amended. ARTICLE 12- AUTHORITY TO PRACTICE The CITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct pre- hospital emergency medical services during the life of the equipment. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. ARTICLE 13 — SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 14 — NOTICE All notices required in this Interlocal Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Sally Waite, EMS Manager Page 4 of 6 Page 185 of 458 20 South Military Trail West Palm Beach, FL With copy to: Palm Beach County Attorney's Office 301 North Olive Ave. — 6 th Floor West Palm Beach, Florida 33405 If sent to the CITY, notices shall be addressed to: EMS Coordinator Mike Landress 2080 High Ridge Road Boynton Beach, FL 33426 ARTICLE 15 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CITY agree that this Interlocal Agreement sets forth the entire Interlocal Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 16 - EXPIRATION OF INTERLOCAL AGREEMENT This Interlocal Agreement shall automatically expire in five (5) years or upon the expiration of the life of the EQUIPMENT, whichever comes first, in accordance with the State EMS County Grant Program. At such time, the CITY may dispose of said EQUIPMENT as surplus property with no further municipal purpose. ARTICLE 17 - EFFECTIVE DATE This Interlocal Agreement shall become effective when signed by both the COUNTY and the CITY. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 5 of 6 Page 186 of 458 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Interlocal Agreement on behalf of the COUNTY and CITY has hereunto set its hand the day and year above written. PALM BEACH COUNTY CITY OF BOYNTON BEACH BOARD OF COUNTY COMMISSIONERS itz Vincent J. Bonvento Director of Public Safety APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney APPROVED AS TO TERMS AND CONDITIONS Division Director Page 6 of 6 By: City Representative APPROVED AS TO FORM AND LEGAL SUFFICIENCY By City Attorney APPROVED AS TO TERMS AND CONDITIONS By City Representative Page 187 of 458 6.1. CONSENT AGENDA 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -015 - Approve Amendment #1 to consulting agreement with ADAAG Consulting Services, LLC of Miami, FL., for Consulting Services for an ADA Self- Evaluation and Transition Plan of Programs, Services and Activities, and Policies and Procedures in the amount not to exceed $8,900. EXPLANATION OF REQUEST: The City of Boynton Beach has previously contracted with ADAAG Consulting Services, LLC on February 5, 2013 to comply with ADA Standards for State and Local Government Facilities (Title 11) by altering our older facilities for ADA compliance(R13 -013). ADAAG Consulting Services, LLC (ACS) has provided a comprehensive report of all City sites detailing the compliance of each location and solutions for those facilities and sites not in compliance with Title 11. The original agreement was approved for $51,620.00 plus a 10% contingency amount of $5,162 for unforeseen items was established in connection with the agreement as subsequent support with ADA compliance regulations. Staff is requesting an amendment for the contingency amount of $5,162 plus and additional $3,738 for a total of $8,900 to meet compliance with applicable accessibility regulations including Section 540, ADA, ABA, and where applicable Chapter 11 of the Florida Building Code compliance. ACS will conduct a review of the programs, services and activities, and policies and procedures for the City's Departments, and submit a comprehensive accessibility compliance evaluation as it relates to compliance with Title II ADA Self - Evaluation and Transition Plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will provide a comprehensive report of all inspected programs, services and activities and policies and procedures detailing the compliance of each and solutions for those not in compliance with Title 11. FISCAL IMPACT: This will provide a comprehensive report of all inspected programs, services and activities and policies and procedures detailing the compliance of each and solutions for those not in compliance with Title 11. Purchase order 130707 was issued for original agreement, amendment will increase PO #130707 for the cost of these services and be charged to 302 - 4101 - 580- 49 -17, CIP Project CP0801. ALTERNATIVES: Not approve the agreement and endeavor to dedicate a full -time staff member to creating a comprehensive Transition Plan for Title II compliance of all city programs, services and activities and policies and procedures. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: This project is a management in progress under Goal 4: High Performing City Organization. City staff will be able to utilize the comprehensive report to put in place, or change existing, programs, services and activities and policies and procedures to comply with Title 11 of the Federal ADA Act, and increase accessibility to all citizens. Page 188 of 458 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: rJ .. 6.1 _7.r�i" VENDOR NAME: ADAAG Consulting Services, LLC START DATE: END DATE: CONTRACT VALUE: $60,320.00 MINORITY OWNED CONTRACTOR ?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Resolution D Task Order D Agreement Description Resolution Approving Amendment No 1 to Consultant Agreement with ADAAG ADA Compliance Transition Plan Proposal R13 -013 Original Agreement Reviewer Action Date Lejeune, Carisse Approved 112612016 - 11:02 AIM Howard, Tim Approved 112612016 - 4:17 PI Swanson, Lynn Approved 112812016 - 10:64 AIM LaVerriere, Lori Approved 112912016 - 12:68 PI Page 189 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENT #1 TO CONSULTANT AGREEMENT WITH ADAAG CONSULTING SERVICES, LLC., OF MIAMI, FLORIDA FOR AN ADA SELF - EVALUATION AND TRANSITION PLAN OF PROGRAMS, SERVICES AND ACTIVITIES, POLICIES AND PROCEDURES IN AN AMOUNT NOT TO EXCEED $8,900.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 5, 2013 the City Commission approved a Consultant Agreement with ADAAG Consulting Services, LLC., to comply with ADA Standards for State and Local Government Facilities (Title 11); and WHEREAS, staff is requesting an amendment to the original contingency amount of $5,162 plus an additional $3,738 for a total of $8,900 to meet compliance with applicable accessibility regulations including Section 540, ADA, ABA and where applicable Chapter 11 of the Florida Building Code compliance; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve Amendment 1 to Consultant Agreement with ADAAG Consulting Services, LLC., of Miami, Florida for an ADA Self- Evaluation and Transition Plan of Programs, services and Activities and Policies and Procedures in an amount not to exceed $8,900.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ 85FD56B0- B01C- 46EC- B72E- 9A2F6AEEBE28 \Boynton Beach. 751.1. Amendment 1 _to_ ADA _Consu Iti ng_Ag reement_Reso. doc Page 190 of 458 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission does hereby approve Amendment 1 to 5 Consultant Agreement with ADAAG Consulting Services, LLC., of Miami, Florida for an 6 ADA Self- Evaluation and Transition Plan of Programs, services and Activities and Policies 7 and Procedures in an amount not to exceed $8,900.00, a copy of which is attached hereto as 8 Exhibit "A ". 9 Section 3. This Resolution shall become effective immediately upon passage. 10 PASSED AND ADOPTED this day of February, 2015. 11 CITY OF BOYNTON BEACH, FLORIDA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE 31 Janet M. Prainito, MMC 32 City Clerk 33 34 35 (Corporate Seal) CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ 85FD56B0- B01C- 46EC- B72E- 9A2F6AEEBE28 \Boynton Beach. 751.1. Amendment 1 _to_ADA_Consu Iti ng_Ag reement_Reso. doc YES NO Page 191 of 458 ,ADAAG PROPOSAL Ms. Carisse LeJeune, City Manager's Office City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 January 23r 2015 Re: "City of Boynton Beach ADA Self- Evaluation and Transition Plan of *Pro ,-rams, Services and Activities and Policies and Procedures. " Dear Ms. LeJeune, Below find the proposal for the Self- Evaluation and ADA Transition Plan development for City of Boynton Beach's programs, services and activities, and policies and procedures as it relates to compliance with applicable accessibility regulations including Section 504, ADA, ABA, and where applicable Chapter 11 of Florida Building Code compliance (collectively named the regulations). ACS will conduct a review of the programs, services and activities, and policies and procedures for the City's Departments, and submit a comprehensive accessibility compliance evaluation as it relates to compliance with Title 11 ADA Self- Evaluation and Transition Plan. The review will be based on the Department of Justice's Technical Assistance ADA Title II Toolkit for State and Local Governments incorporating comments and guidance to achieve compliance with the regulations. The scope of work is described below and will include the following: 1. ADA Coordinator selection, roles; 2. Compliance with the regulations; 3. Notice to comply with the regulations; 4. Review of programs, services and activities for compliance with the regulations; 5. Review of policies and procedures for compliance with the regulations; 6. Review of effective communication for compliance with the regulations; 7. Review of Grievance /Complaint Procedure for compliance with the regulations; Miami New York Dallas 1385 Coral'VVay PH 4171 118.4 Fulton Street Ste 106 4447 N Central Exp;vy Ste 110.338 Miami, FL 33145 Nev York, Neov York 10036 Dallas, T{ 75205 Tel 305.285 7373 Tel 91 7.470.9881 Tel 214.295.61 36 Fax 305.285.2363 Fax 917.438.0992 Fax 21 4.257.0765 Los Angeles 44707 W Sunset Blvd Ste 370 Los Angeles, CA 90027 Tel 21 3.291 .9855 Fax 213.291 .1448 Louisiana 1631 Elysian Fields Av St 119 New Orleans, L4 70117 Tel 504.324.2571 Page: 12,44fA58 Scope of Work City of Boynton Beach — Self- Evaluation of Programs, Services and Activities, Policies and Procedures the ADA Transition Plan ACS can conduct an evaluation of the City's programs, services, activities and policies and procedures to develop an ADA Self- evaluation and Transition Plan. Such services will incorporate an evaluation of services, programs and communications that limit the accessibility of programs or activities to persons with disabilities. ACS will review and evaluate City's programs and services and communications pertaining to accessibility for individuals with disabilities, to outline the complaint processing procedures will ensure compliance with ADA so that no otherwise qualified disabled individual be denied the benefits of, or be subjected to discrimination in programs or activities sponsored by City. The approach to perform the Self- Evaluation and Transition Plan will be using a methodology consisting of three simple steps Evaluation, Data Analysis, and Proposal Development. The work plan and schedule is based on the meetings, review of programs and services, self - evaluation, and transition plan. The City's availability and ACS' manpower, turnaround time and personnel assigned by the Project Manager and the Operations and Logistics Department, will refine the preliminary bar schedule. Upon notice to proceed, the schedule will contain an approximate time for the project, a critical path with milestones and float dates indicated by overlapping tasks and simultaneous activities to maintain the timeline. The first step is creating an inventory of programs, services and activities and communication that can potentially discriminate against individuals with disabilities. To achieve this, all relevant documents regarding programs, services and communication will be requested from the City. The following is the level of support and information required from the City: a) All relevant information for City's services, programs and communications. b) The contact information for Department heads and /or liaisons that will serve as point of contact and be responsible for implementing the changes. c) If applicable, a copy of any formal complaints regarding access to any of the programs by members of the disabled community. d) Coordinate with City to grant access to information regarding programs, services and communications. During the kick -off meeting the department heads and /or officials responsible for implementing the changes will be introduced. The departments potentially anticipated to participate are the following: City Administrator, Human Resources, Public Works and Engineering, Emergency Services, Fire Department, Police Department, Parks and Recreation, Transportation, etc. In addition, meetings with the ADA Steering Committee and Department Heads to identify potential areas of concern that need evaluation. This preliminary evaluation will further refine the programs and services subject to the scope of the evaluation. The City personnel will complete questionnaires regarding the types of services and programs. Questionnaires based on the Department of Justice ADA title II checklist for public entities will be submitted to each one of the Department heads and /or liaison to be completed. This step is necessary as each Department head knows the programs and services conducted by each Department. It is the Department head's responsibility to convey the questionnaires to the managers responsible for each one of the services and programs. The completed questionnaires will be returned to ACS and evaluated for compliance following the DOJ ADA title II Technical Assistance Manual. The outcome of the assessment of the questionnaires will be the self - evaluation that will include a comprehensive list of recommendations for improvement, steps that need to be implemented, and wording that can be removed, modified and /or improved for the programs and services. ADAAG Consulting Services, LLC (ACS) Page 193 of 458 Scope of Work City of Boynton Beach — Self- Evaluation of Programs, Services and Activities, Policies and Procedures the ADA Transition Plan The services will be processed by Certified Accessibility Consultants submitting the deliverables of a comprehensive written report and CD Rom of the evaluation and transition plan that will be in Microsoft Word /Excel format to be used by City officials. After the Self- Evaluation is completed, the deficiencies that are noted in terms of language and procedures will be analyzed to offer alternatives solutions. The ultimate goal of the evaluation and Transition Plan is to verify if the current programs provide comparable choices to persons with disabilities having in consideration the economic impact of various alternatives, and guaranteeing accessibility in the most cost - effective manner to the City. A preliminary evaluation of the programs will provide an idea of recommendations involved in the transition plan. The solutions will be summarized and prioritized to offer access to the programs within the most integrated settings. Upon outlining the proposed recommendations for language and v; policies for the programs and services, the solutions will be discussed with City personnel. Alternative equivalent, facilitation/ accessibility /usability /program access recommendations for modifications will be issued by James R. Harding, the accessibility/ usability /program access specialist.'�� k _ - Notice of compliance with the ADA - Notice of ADA Self - evalaution and Transition Plan - Review of Programs, Services and Activities - Review of Policies and Procedures - Review of ADA Grievance Procedure /ADA Complaint Procedure - Effective Communication Upon the City's request, ACS can provide technical assisstance throughout the term of the contract offering information and guidance to assist the ADA Coordinator and City personnel. ADAAG Consulting Services, LLC (ACS) Page 194 of 458 The fee for providing the self - evaluation and ADA transition plan of programs, services and activities, and policies and procedures as described above would be based on the standard hourly fee schedule submitted along with our previous contract, and depending on the time to conduct the review of policies and procedures provided by the City. It is estimated that the entire review can be completed within 90 days. I am available to answer any question or submit any additional document or information not contained within this proposal. 5� ADAAG Consulting Services, LLC Jackeline Londono / For the Firm Page 195 of 458 Boynton Beach Proposal No. Policies and Procedures, Programs, Services and Activities Self - Evaluation and ADA Transition Plan PERSONNELTITLE HOURS HOURLY TOTAL RATE 1 Project Director - Principal 0 $175.00 $0.00 2 Project Manager - ADA Consultant 4 $165.00 $660.00 3 ADA Surveyor - ADA Consultant 54 $150.00 $8,100.00 4 Clerical - Administrative - Logistics 4 $35.00 $140.00 No. Total Self - Evaluation & ADA Transition � Plan Hours Hourly Rate $8,900.00 TOTAL 1 Self Evaluation Project Director - Principal 0 $175.00 $0.00 Project Manager - ADA Consultant 2 $165.00 $330.00 ADA Surveyor - ADA Consultant 31 $150.00 $4,650.00 Clerical - Administrative - Logistics 2 $35.00 $70.00 $5,050.00 2 ADA Transition Plan Project Director - Principal 0 $175.00 $0.00 Project Manager - ADA Consultant 2 $165.00 $330.00 ADA Surveyor - ADA Consultant 23 $150.00 $3,450.00 Clerical - Administrative - Logistics 2 $35.00 $70.00 $3,850.00 62 $8,900.00 5� ADAAG Consulting Services, LLC Jackeline Londono / For the Firm Page 195 of 458 RESOLUTION NO. R13 -013 1Q 1 1 1 1 1 1 I 1 1 1 2 2 2 2 2 2 2 2 2 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING A CONSULTANT AGREEMENT WITH ADAAG CONSULTING SERVICES, LLC., OF MIAMI, FLORIDA FOR "ADA CONSULTANT SERVICES" IN RESPONSE TO RFQ #074 - 2510 -12 /JMA IN THE AMOUNT OF $51,620 PLUS A 10% CONTINGENCY OF $5,162 FOR A TOTAL EXPENDITURE NOT TO EXCEED $56,782; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTANT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 18, 2012, the City Commission approved the list of top ranking qualifiers identified by the Evaluation Committee from responses received to RFQ 4074 - 2510 -12 /JMA and authorized staff to negotiate with ADAAG Consulting Services, LLC.; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve a Consultant Agreement for RFQ 9074 - 2510 -12 /JMA for "ADA j CONSULTANT SERVICES" with ADAAG Consulting Services, LLC., of Miami, Florida and authorizes the City Manager to execute the Consultant Agreement in an amount of $51,620 plus 10% contingency amount of $5,162 for a total expenditure not to exceed $56,782. 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 Document in Windows Internet Explorer Page 196 of 458 hereby approve a Consultant Agreement for RFQ #074 - 2510- 12 /JMA for "ADA CONSULTANT SERVICES" with ADAAG Consulting Services, LLC., of Miami, Florida and authorizes the City Manager to execute the Consultant Agreement in an amount of $51,620 plus 10% contingency amount of $5,162 for a total expenditure not to exceed $56,782, a copy of which is attached hereto as Exhibit "A ". Section 3 . This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 5 day of February, 2013. CITY PF BOYNTON BE�CH, FLORIDA 1 11 1 1 1 1 1 1 1 1 2 21 2 4 ATTEST: L m. �� May 2"t t M. Prainito, MMC 2 tv Clerk 901 W1 - Approve Consultant Agreement (ADA) doc Document in Windows Internet Explorer Page 197 of 458 Comm' ner — Way ega MHOM THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and _AD G CONSULTING SERVICES, LLC , hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, THE City issued a "Request for Qualifications invitation for ADA CONSULTANT SERVICES" for the City of Boynton Beach, RFQ No. 074 - 2510- 12 /JMA and the City of Boynton Beach is seeking to comply with ADA Standards for State and Local Government Facilities (Title ll) by altering our older facilities for ADA compliance. Below is an outline of the requested tasks to be accomplished. WHEREAS, RFQ No. 074 - 2510- 12 /JMA further defined Scope of Services (Exhibit A) as: An Architect or Professional Engineer, licensed in the State of Florida shall conduct a site visit and interview City Staff for each of the facilities to identify architectural and structural communication barriers that may limit access in existing buildings. 2. Assess the existing physical facilities, communication equipment and current procedures for accessibility. 3. Provide a comprehensive report of all inspected sites: parks, facilities, buildings, equipment and offices from attached Exhibit 'B'. As a minimum, the following information is required: • List of all areas and items inspected; • A compliance assessment of each location; • List any potential barriers detailing code section and deficiencies and compliance if there are no barriers. 4. Identify non - compliant facilities, equipment, and procedures based on a multiple priority scale based on the severity of the barrier. As a minimum use the following rating: • Barrier that poses a safety issue for limited mobility staff and/or patrons; • Barrier that must be removed for program access; • Low priority barrier, not required by law, but a best management practice. • Barrier removal not recommended. (Under the program access standard for existing Construction, not all barriers are required to be removed.) 5. Develop suggestions for barrier removal or program solution for each barrier. 6. Develop a priority ranking for the recommended solutions. 7. Develop detailed cost estimates for the project items, inclusive of construction, site improvements or amenities; furniture, fixtures and equipment (FF &E). 8. Deliver one presentation of the completed report to the City of Boynton Beach ADA Steering Committee. Page 198 of 458 r It is the intent of this request to provide complete, detailed, professional inspection services for the ADA compliance evaluation. Incidental items necessary to complete this work shall be included in the respondent's proposal if not specifically listed in items 1 through 8. WHEREAS, Consultant timely submitted its qualifications in accordance with the Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 287.055, the Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on _December 18_, 2012, accepted the City Administration's recommendation and designated Consultant as one of — 11_qualified consulting firms to provide general engineering services to the city; and WHEREAS, the City Manager, through his administrative staff, has successfully negotiated an Agreement with Consultant defining terms and conditions for the performance of consulting and engineering services within the scope of the Request for Qualifications invitation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES Consultant agrees to perform consultant services as described in Scope of Services. ARTICLE 2 - TERM The Consultant shall be available to commence services on the date of the execution of this Contract until project completion issued by the CITY. ARTICLE 3 - PAYMENT The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. The agreement price of $51,620.00 , shall be the total amount of payment to Consultant for services provided b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. 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. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. 2 Page 199 of 458 R13 -013 ARTICLE 4 - 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. Any use of the documents for purposes other than as originally intended by this Agreement, with out the written consent of Consultant, shall be at the City's sole risk. ARTICLE 5 - FUNDING This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 6 - WARRANTIES AND REPRESENTATIONS Consultant represents and warrants to the City that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. Consultant's services shall meet a standard of care for professional engineering and related services equal to or exceeding the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, Consultant has represented to City that certain individuals employed by Consultant shall provide services to City pursuant to this Agreement. City has relied upon such representations. Therefore, Consultant shall not change the designated Project Manager for any project without the advance written approval of the City, which consent may be withheld in the sole and absolute discretion of the City. • Consultant 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. ARTICLE 8 - I NDEMNIFICATION 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. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 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 $2,000.000 aggregate with defense costs in addition to limits. Page 200 of 458 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. ARTICLE 10 - INDEPENDENT CONTRACTOR The Consultant and the City agree that the Consultant is an independent consultant 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. Consultant acknowledges and understands that, as an independent consultant pursuant to this Agreement, Consultant shall comply with Chapter 119, Florida Statutes, as amended (Public Records). Consultant's obligation includes, but is not limited to Consultant's obligation to preserve public records and make public records available to third parties in addition to the City. ARTICLE 11 - COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide 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 Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement 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. �, . • • 13.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in- negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete, or non - current wage rates or due to inaccurate representations of fees paid to outside consultants. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 13 - 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. 4 Page 201 of 458 ARTICLE 14 - ASSIGNMENT The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. ARTICLE 15 - NON - WAIVER A waiver by either City or Consultant of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 16.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons the Agreement or causes it to be terminated, Consultant shall indemnify the City against loss pertaining to this termination. 16.2 Termination for Default: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by Consultant of written notice of such neglect or failure. ARTICLE 17 - 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, 18.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non - performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non - performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 18.2 Neither party shall, however, be excused from performance if non - performance is due to forces which are preventable, removable, or remediable, and which the non - performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non - performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party Page 202 of 458 describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 19 - NOTICES Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn: ANDREW MACK 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Notices to Consultant/Engineer shall be sent to the following address: ADAAG Consulting Svcs, LLC Attn: Ricardo Londono 1385 Coral Way PH 401 Miami, FL 33145 ARTICLE 20 - INTEGRATED AGREEMENT This Agreement, together with the RFQ /RFP and any addenda and /or attachments, 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. 21.1 City is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure City of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure City of the limitation from liability provided to the State's subdivisions by state law. 21.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post judgment proceedings. City's liability for costs and attorney's fees, however, shall not alter or waive City's entitlement to sovereign immunity, or extend City's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The City does not consent to mediation or arbitration for any matter connected to this Agreement. Page 203 of 458 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be considered an original on the following dates: DATED day of CITY OF BOYNTON BEACH Cit a alter 20 Attest /Authenticated: MIRMT (Cit Clerk MIT , . M ;Corporate Seal) Attest/Authenticated: Secretary 7 Page 204 of 458 R13-013 The City of Boynton Beach is seeking to comply with ADA Government Facilities (Title II) by altering our older facilities for outline of the requested tasks to be accomplished. Standards for State and Local ADA compliance. Below is an 1. An Architect or Professional Engineer, licensed in the State of Florida shall conduct a site visit and interview City Staff for each of the facilities to identify architectural and structural communication barriers that may limit access in existing buildings. 2. Assess the existing physical facilities, communication equipment and current procedures for accessibility. 3. Provide a comprehensive report of all inspected sites: parks, facilities, buildings, equipment and offices from attached Exhibit `A'. As a minimum, the following information is required: • List of all areas and items inspected; • A compliance assessment of each location; • List any potential barriers detailing code section and deficiencies and compliance if there are no barriers. 4, Identify non - compliant facilities, equipment, and procedures based on a multiple priority scale based on the severity of the barrier. As a minimum, use the following rating: • Barrier that poses a safety issue for limited mobility staff and /or patrons; • Barrier that must be removed for program access; • Low priority barrier, not required by law, but a best management practice. • Barrier removal not recommended. (Under the program access standard for existing Construction, not all barriers are required to be removed.) 5. Develop suggestions for barrier removal or program solution for each barrier. 6. Develop a priority ranking for the recommended solutions. 7. Develop detailed cost estimates for the project items, inclusive of construction, site improvements or amenities; furniture, fixtures and equipment (FF &E). 8. Deliver one presentation of the completed report to the City of Boynton Beach ADA Steering Committee. It is the intent of this request to provide complete, detailed, professional inspection services for the ADA compliance evaluation. Incidental items necessary to complete this work shall be included in the respondent's proposal if not specifically listed in items 1. through 8. RESOURCES The City of Boynton Beach will provide information as it relates to the project, e.g.: a facility listing with an access review; and Building Floor Plans as available. Page 205 of 458 - +w 5 7-MUM Page 206 of 458 EXHIBIT "B" LIST OF LOCATIONS TO BE INSPECTED BUIL DINQ NAME/ADD RESS- , �4 jr OYER PARK 2210 N Federal Highway it Shop/Guardhse (Leasing to Fishing Assoc 2009) Clubhouse/Recreation Build ingin c. Coast Guard Office Pavilion #1 - 30 x 46 (by Coast Guard Building) Boardwalk Piers (3) Southwest Shelter Gazebo Playgrounds (2) Basketball Court Page 207 of 458 EXHIBIT "B" LIST OF LOCATIONS TO BE INSPECTED BvlLei�wGNAt�erAba ss x. 95D Tennis Courts 2 BOCCI Ball Court Volleyball Court Parking Lot GOLF COURSE -- 8020 Jog Road, Lake Worth Clubhouse Driving Range Buildin Comfort Station 1, near Tee 4 Comfort Station #2 near Tee 16 Comfort Station #3, near Tee 18 Cart Storage Buildin Cart Shelter, near 12 Green Maintenance Sho Mixed Load Station Pesticide Storage Buildin Irrigation Pum house Buildin Parking Lot 1913 SCHOOLHOUSE MUSEUM - -141 E Ocean Avenue Museum Amphitheatre East Parkin Lot also PD Overflow Lot Circle Drivewa KID'S KINGDOM PLAYGROUND - -131 E Ocean Avenue Boat Themed Play Structure BOYNTON MEMORIAL PARK (CEMETERY) - -1611 S Seacrest Blvd. Chapel Mausoleum - SERENITY 3rd section north of Chapel Mausoleum - SUNSET 2nd section north of Chapel Mausoleum - BENEDICTION 1st sec. north of Chapel Mausoleum - DEVOTION 1st section south of Chapel Mausoleum - SUNRISE 2nd section south of Chapel Maintenance Buildin Internal Roadways/Paths Page 3 of 8 Page 208 of 458 EXHIBIT "B" LIST OF LOCATIONS TO BE INSPECTED EWILDING NA FlAQd . SS' ;> t� CONGR AVENUE COMMUNITY PARK -- 3111 S Congress Avenue Tennis Center /Clubhouse Courts 17 TRU & 4 CUSHION Covered Deck Ca nvas Shelters 6 Pump house Parking Lot SARA IMS PARK W- 201 NW 9th Avenue Sa ra Sims Mem. Park Cemete -- 100 NW 9th Avenue i /Restroom Buildin No rth Pavilion 25x25 South Pavilion 25x25 Page 4 of 8 Page 209 of 458 EXHIBIT "B" LIST OF LOCATIONS TO BE INSPECTED Field #1 w/Dugouts (2) Field #2 w/Dugouts (2) Field #3 w/Dugouts (2) 1 Field #4 w/Dugouts (2) F Picnic Shelter - 27x50 Page 5 of 8 Page 210 of 458 EXHIBIT "B" LIST OF LOCATIONS TO BE INSPECTED T BUILDING NAWIEIA©O ft. '- Page 6 of 8 Page 211 of 458 EXHIBIT "B" LIST OF LOCATIONS TO BE INSPECTED - s BU 'DING NAMEI�4�DI�RESiS ` � ., P. Pavilion Fishing Piers 2 Playground Parking Lot across the street PENCE PARK — 400 SE 5th Avenue Restroom Buildin Basketball Court Baseball Field w /Roofed Dugouts Playground Parkin PIONEER CANAL PARK. -- 848 NW 13th Avenue Restroom Buildin Basketball Court Tennis Courts 2 Fishing Pier Dock Playground Parkin EDWARD HAR ENING ARBOR PK -- Seacrest Blvd. & Woolbright Rd. Pathways KIWANIS SIERRA PARK -- 554 NE 22nd Avenue PUBLIC WORKS COMPLEX -- 222 NE 9th Avenue PW #1 - Administration Fleet Maint. & Warehouse PW #2East - Solid Waste, Streets, & Transportation PW #2West - Facilities Management PW #3 - Forest /Grounds & Parks PW#4 - Fuel Island w/ 2 sets of pumps and 2 tanks PW #5 - Wash Rack with pressure washers PW #6 - Tire Shop & Storage PW #7 - Parks Storage PW #8 - Parks Office Trailer - Leased PW #9 - Forest /Grounds Trailer Storage Container leased from Williams- Scotsman Page 7 of 8 Page 212 of 458 EXHIBIT "B" LIST OF LOCATIONS TO BE INSPECTED BUILDINGNAMWADDRIESS Employee/Guest Parking near PW #1 Employee Parkinq north of PW3 Parki Page 8 of 8 Page 213 of 458 i=_�x i 6; 4- C 5e t ; 1HOi�rl ` I - Pre -Survey Planning Project Director- Principal 1 $175.00 $175.00 Project Manager - ADA Consultant 2 $165.00 $330.00 ADA Surveyor - ADA Consultant 6 $150.00 $900.00 Clerical - Administrative - Logistics 2 $35.00 $70.00 Subtotal 11 $1,475.00 II - On Site Accessibility Assessment Project Director- Principal 0 $175.00 $0.00 Project Manager - ADA Consultant 2 $165.00 $330.00 ADA Surveyor -ADA Consultant 64 $150.00 $9,600.00 Clerical - Administrative - Logistics 2 $35.00 $70.00 Subtotal 68 $10,000.00 III - Data Analysis Project Director- Principal 1 $175.00 $175.00 Project Manager- ADA Consultant 2 $165.00 $330.00 III ADA Surveyor - ADA Consultant 124 $150.00 $18,600.00 Clerical - Administrative - Logistics 0 $35.00 $0.00 Subtotal 127 $19,105.00 IV - Transition Plan Development Project Director- Principal 1 $175.00 $175.00 Project Manager- ADA Consultant 6 $165.00 $990.00 IV ADA Surveyor - ADA Consultant 96 $150.00 $14,400.00 Clerical - Administrative - Logistics 2 $35.00 $70.00 Subtotal 105 $15,635.00 V - Presentation - Training - Public Outreach Project Director- Principal 1 $175.00 $175.00 Project Manager - ADA Consultant 4 $165.00 $660.00 V ADA Surveyor - ADA Consultant 24 $150.00 $3,600.00 Clerical - Administrative - Logistics 2 $35.00 $70.00 Subtotal 31 $4,505.00 VI - Support Project Director- Principal 0 $175.00 $0.00 Project Manager -ADA Consultant 0 $165.00 $0.00 VI ADA Surveyor- ADA Consultant 6 $150.00 $900.00 Clerical - Administrative - Logistics 0 $35.00 $0.00 Subtotal 6 $900.00 Total 1 1 $51,620.00 Page 214 of 458 6.J. CONSENT AGENDA 2/3/2015 REQUESTED ACTION BY COMMISSION: Approve the "High Ridge Landing" record plat, conditioned on the approval being the certification of the plat documents by Andrew P. Mack (Building Official /City Engineer). EXPLANATION OF REQUEST: Approve the record plat that supports the development of the subdivided land in accordance with the master plan titled "High Ridge New Urban Communities PUD ", one hundred eighty four (184) rental units and Imagine Charter School sports fields. The subject plat has been reviewed by the Utilities Department, Planning and Zoning Division, Building Division, Engineering Division, and the City's consulting surveyor, to ensure conformance with the site plan approval and the applicable State and City's platting and zoning requirements. Staff recommends approval of the record plat as presented subject to final signatures by the City Engineer and Mayor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed development cannot be implemented until the proposed record plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: None ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Page 215 of 458 Other Other Location Iap High Ridge Landing, Record Plat Reviewer Action Pyle, ,Judith Approved Cherot, Jim Approved LaVerriere, Lori Approved Date 112312015 - 9:40 AIM 112612015 - 10:34 AIM 112912015 - 12:50 PI Page 216 of 458 t NORTH MATON LTpBN`.A71IIS AND RL�RtiA1gNE � scam. RARa• 11Wi S9LiAiE INN awl x xuf m K MAIM wa RITaI At xrtl lorox, x» Pd NFD.Y €CCA1 Aa mlt� HIGH RWGH LANDING SMG A REPIAT OF 'MM FIDE PUW. ACCORDING TO 7IE PLAT THEREW, AS RffCOROED IN PLAT SO* i09. PASS 90 TMODM 93, LESS THAT PORTION REPLATIEO AS DFAOW CHARTER WHOM AT DDYMON BEACH, ACCORDW TO THE PLAT 7 EREOF. AS RECORDED BI PLAT SUM 113. PAM i9B AND 187 ALL OF IIE PUBW IrEDDRDS OF PAW BEAM OWNTY, FLOFHDA, LYING FM BMW & 7004MP 13 '+I1M RANGE 43 EAST. CITY OF BD ION BEAM. PALM BEkM CDUWT, FLf.MA _ 1�vmmw wqt At�,ex yygy ff +L c6 * " 6i. 1 j m W- TR Z PA A dbilr 7�Nm� 4 IAACi q n x�m. v nilm1 a�x �A. MFri[NS RRS X�Y ®r M]I qNi X]ti9lK. Y& � Rf?6M. YM�f YlAllr SMWFXY. IR L 7BACT YI m x m. w eowwx eTAal wicA L 1Ax N/FRpMNi �, a, vu Tls n Wlm u m� TNS H&MINENT PFOARD BY DAM P. wear a GAId.FE10 and WIEFI.IRY. INC. SuRVET(IRS — FNgng45 — PLAaawpS q.Aars Raw, surz eau B06'A RAlIX1. 0.C�i%PA 3x4]4 — {S@17:I93 —aNYa S�1DAB(R —2014 su ulx4 1� AdetlT 1R 11116 CiRii11'd1DIk wam°N�' s.i nwv ° . : mss as wad wr x aum. u x 0000 v 6 smmz ®ff OF BO1T1'Id'1 Ei1G1 APPRDYAL• 1� ) ��S 41m x pl. p N)twlNr 1u[M. Ra.w N r.�NUrcc wM drPE Ia9.pwRY .,.sr va,ti.o.a x mo, Iw. Pins oc a Warr e� '. swur�uu: c'.rrc` .a asui� Nmn 9RYTLYO4$ OET�H'AlD ryla.A,� 0000 Page 218 of 458 6.K. CONSENT AGENDA 2/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM •T•]► ail► hI&1111 Eel ►I►hl=1 =11 Il► Eel .7_rIf►aKlf►�lZV REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meetings held on January 20, 2015 EXPLANATION OF REQUEST: The City Commission met on January 20, 2015 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 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non - budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Minutes REVIEWERS: Department City Clerk Reviewer Pyle, Judith Description Minutes 01 -20 -15 Action Approved Date 1/21/2015 - 4:43 PM Page 221 of 458 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, JANUARY 20, 2015 AT 6:30 P.M. PRESENT Joseph Casello, Vice Mayor Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Carisse LeJeune, Assistant City Manager James Cherof, City Attorney Judith A. Pyle, Deputy City Clerk ABSENT Jerry Taylor, Mayor David T. Merker, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Invocation Pledge of Allegiance to the Flag led by Vice Mayor Casello Vice Mayor Casello called the meeting to order at 6:30 p.m. Roll call indicated a quorum was present. Vice Mayor Casello noted the City Manager and Mayor were in Tallahassee for legislative meetings. The invocation was given by Commissioner McCray followed by the Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Fitzpatrick pulled Item 6.J, the minutes of January 6, 2015. Vice Mayor Casello pulled Item 6.13 for discussion. 2. Adoption Motion Commissioner McCray moved to accept the agenda as amended. Commissioner Fitzpatrick seconded the motion. Page 222 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 Vote The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission Commissioner McCray had attended the Boynton Wildcats Banquet. He was disappointed he was the only elected official in attendance this year and hoped next year more Commissioners would attend. He met with Governor Scott and the Lieutenant Governor at Galaxy Elementary School. Commissioner McCray spoke at the MLK Ceremony at the amphitheater and went to the MLK Celebration at Benvenuto's. Commissioner Fitzpatrick attended the following events: • Community Redevelopment Agency (CRA) meeting • Chamber of Commerce luncheon • Governor Scott's announcement at Galaxy Elementary of an increase in funding for education. Metropolitan Planning Organization (MPO) Rolling Retreat that involved taking Tri Rail from West Palm Beach to Boca Raton, then riding the bus going into Delray to Lake Worth and back to West Palm Beach. • South Central Regional Wastewater Treatment and Disposal Board quarterly meeting • South Central Wastewater Treatment Plant Pension Board meeting. • Forest Park Homeowners Association meeting • Martin Luther King March • Great Gatsby Chamber of Commerce dinner • Greater Boynton Beach Democratic Club meeting recognizing State Representative Lori Berman • Martin Luther King Memorial Banquet • Historical Society meeting for a discussion on how Ocean Ridge separated from Boynton Beach Vice Mayor Casello had also gone to Galaxy Elementary School for Governor Scott's announcement on increased educational funding and he participated in the Martin Luther King March. Commissioner McCray announced from 8 a.m. to 12 p.m. on January 21 he would be at Palm Beach State College attending the mandatory Ethics workshop for all elected officials. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 2 Page 223 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 A. The Let's Move Commit to Change Physical Activity Challenge is underway from January 10th - January 31st. Community members who complete at least 30 minutes of sustained physical activity are encouraged to log their minutes for Team Boynton Beach at CBS12.com /LETSMOVE. Boynton Beach is the reigning team champion. Julie Oldbury, Director of Human Resources and Risk Management, announced the City would be participating in the third annual, Let's Move Commit to Change Physical Activity Challenge based on First Lady Michele Obama's initiative to raise a healthier generation of children. The City of Boynton Beach was named Team Champion last year. She urged everyone to help the City reclaim the title by participating this year. B. The first City Commission meeting in March will be held on Monday, March 2, 2015 to accommodate the City Commissioners who will be attending Palm Beach County Days in Tallahassee. Vice Mayor Casello announced the change for the first meeting in March to Monday, March 2 rather than Tuesday, March 3rd C. Announce the International Kinetic Art Exhibit and Symposium to be held on February 6 -8, 2015 in the City of Boynton Beach Debby Coles - Dobay, Public Arts Manager, announced the upcoming free event that would appeal to all ages and globally connect one -of -a -kind kinetic art experiences. There will be 16 iconic kinetic outside displays and 60 indoor works of art. There will be learning based workshops for youth and exhibitions including technological advancements and innovations. The event will be in conjunction with Art Palm Beach week at the West Palm Beach Convention Center. All pieces on display would be for sale with a portion of the profits going to the Art in Public Places program. 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) Leon Jenkins, 16049 Rio Del Sol in Delray Beach, wanted to discuss the demolition of a property he owned at 132 NW Martin Luther King Boulevard. It is a financial crisis for Mr. Jenkins. He distributed three photos of the property in question. Mr. Jenkins admitted he had missed the January 12 deadline to come into compliance. He disagreed with the assessment and the inappropriate deadline due to extenuating circumstances. Mr. Jenkins had filed an appeal to the Building Board of Adjustments and Appeal and was given until January 12 The permits were issued on December 3 Page 224 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 19 and Mr. Jenkins and his contractors pursued the work diligently. He had less than three weeks to complete the work with the holidays. During that time the City was moving forward with demolition plans. The building does have a lien that is with the same lender Mr. Jenkins has for his home, that could be problematic. Mr. Jenkins requested more time to complete the work. Harry Woodworth, 685 NE 15 Place, the newly elected president of the Inlet Cove Association (INCA) gave an overview of the community and association. It is a voluntary association chartered for over 20 years and represents over 9 waterfront communities east of Federal Highway and north of Boynton Beach Boulevard with approximately 500 households. Their goal is to encourage the residents to participate in their community, engage in activities and proactively work with the City and its functions. The issues currently being monitored were the progress along North Federal Highway including Yachtsman Cove Plaza, the double rows of poles existing in the area, trash at the bus stops and the ongoing drainage issues. Mr. Woodworth introduced the officers of the association who were present and thanked the Commission for their support. Commissioner McCray reported Yachtsman's Cove Plaza had been sold and the tenants given a time period to vacate. Betty Pierce -Roe, 637 Oak Street, was a current member of the Recreation and Parks Board and announced the 3rd Annual Barrier Free 5K charity walk and run on Saturday, February 14 commencing at 7:30 a.m. The proceeds would go toward the expansion of the park. Various walking levels would be competing. Ms. Pierce -Roe also offered the assistance of the Recreation and Parks Board on the Lake Ida Park property. Vice Mayor Casello had participated in the event last year and hoped there would be increased participation this year. Cheryl Black, 321 SW 1 st Avenue, noted 11 trees were removed from her property after it was made clear to the contractor that the property owner had not given permission for the removal. The sidewalk area that was pushed up had no stress cracks. The sidewalk was removed after the pipes were installed and the tree roots were never cut. The trees had been there for 50 years and were trimmed 10 feet from the sidewalk and were maintained. The trees were 127 feet from her home and created no hazard to her or the neighborhood. Many trees in the area are against Code and have not been removed from private property. Ms. Black asserted her home and her trees were targeted and she wasted 15 years of her life because the City destroyed her oasis. Other homeowners have the same issues and the City worked around their trees. A decision has not been made on the replacement trees or landscaping to restore her property. Ms. Black wanted mature trees and her sound /sight dirt barrier and shade. There was a driveway apron installed in her front yard by the City. 4 Page 225 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 Vice Mayor Casello understood there were issues and he hoped a remedy could be found. Suzanne Ross, Schoolhouse Children's Museum, gave an update showing December was a strong month. Over the previous year there was an overall increase in visitation of 12.7 %, admission income increased 8.3% and there are 489 member families enjoying the facility and programs, being a 20% increase in membership. There were new partnership opportunities for 2015 including the Legal Aid Society and JCC of Boynton Beach, both hosting events at the museum. February 28 would be the Schoolhouse Reunion bash. Former students and supporters would gather for both day and evening events beginning at 10 a.m. Vice Mayor Casello expressed appreciation for Ms. Ross's efforts. Minister Bernard Wright, 713 NW 2nd Street, thanked the Commission for their support and suggested preparation for Martin Luther King Day festivities be done earlier for a bigger and better event. Mr. Wright supported Mr. Jenkins' efforts to retain his property and rehab the building that is 90% completed. Demolition would be a financial burden on the owners and the CRA would purchase the property for less. He was pleading with the Commission to stop the demolition and resolve the issue for the benefit of the citizens. Doug Brueggemann, 713 SE 4 th Street, shared his gratitude from the Seacrest Estates neighborhood for installing a new grill. The Forest Park Association thanked Commissioner Fitzpatrick for participating in the neighborhood meetings. He thanked Jeff Katz for allowing Officer Swan to attend the meetings and Liz Roschek from animal control who takes care of the problems in the area. He reminded the Commission to train for the Barrier Free Walk. Albert Williams, 136 NE 12 Avenue, property manager and maintenance for Leon Jenkins, knew Mr. Jenkins had been working hard to preserve the properties. It is unfair he was only given 30 days to complete a project and then delay the licenses and permits. Mr. Williams offered that Mr. Jenkins was trying to complete the project in a professional manner. Gail Jenkins, 16049 Rio Del Sol in Delray Beach, advised her husband was given permission to remodel the property on November 6 th through January 12 There was a delay in approval of plans due to revisions and delay in inspections. The repairs were 90% completed and she asked for time to complete the work. The inspections were not conducted timely and it was out of their control. She estimated completion would take less than a week. Daniel Spotts, 805 N. Federal Highway, a small business owner in the downtown, attended the CRA meeting. In the past two weeks two more businesses have closed or moved out of the downtown raising the total to 21 businesses having left the area since 5 Page 226 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 All Aboard Florida made their announcement to proceed. Mr. Spotts again asked the Commission to take seriously the threat the project poses to the City. The new Republican Congress has announced a delay in positive train control regulations for quiet zones. There is no agreement if the regulations do not move forward. He was deeply concerned about the safety of the crossings and encouraged the Commission to address the issue more thoroughly. No one else coming forward, Vice Mayor Casello closed Public Audience. Commissioner McCray asked Attorney Cherof to enlighten the Commission about the Jenkins demolition. Attorney Cherof responded the Building Official had issued a stop work order and order of demolition several months ago. The demolition order was appealed to the Building Board of Adjustment and Appeals and an order was issued. The order related it was found to be an unsafe structure, not suitable for habitation and the demolition order of the Building Official would stand. It was abated until January 12 2015. The Board heard all the testimony of Mr. and Mrs. Jenkins who were represented by counsel. There was a discussion to set an earlier compliance date, but it was not in the best interest of the parties. The order indicates, "In the event the applicants fail to remedy the unsafe condition of the building by January 12, the Building Official is authorized to proceed with the demolition of the structure." The determination was made there was not timely compliance, the building is unsafe and the demolition process is proceeding. Commissioner McCray understood the date of application was November 7, 2014 and it was issued December 19, 2014. There appears to be sufficient time allotted. Attorney Cherof did not believe the City made any errors in the process. It is common for submitted plans to be returned for lack of details. The Building Board of Adjustment and Appeals was aware of the application for permit and allowed sufficient time for compliance. Attorney Cherof believed there had been sufficient time, but it is left to the Building Official to decide. The City's obligation is to honor the order of the Building Board of Adjustments and Appeals entered back in November. Commissioner McCray inquired if Mr. Jenkins would receive any compensation if the demolition is done. Attorney Cherof did not know. No one else coming forward, Vice Mayor Casello closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: A Page 227 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 Arts Commission: 2 Alts Building Board of Adjustments and Appeals: 1 Reg and 2 Alts Cemetery Board: 1 Reg and 1 Alt. Education and Youth Advisory Board: 1 Alt, 2 Stus, 1 N/V Stu Employees' Pension Trustees: 1 Reg Financial Advisory Commission: 3 Regs and 2 Alts Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 2 Alts Library Board: 1 Reg and 1 Alt Recreation and Parks Board: 1 Reg and 1 Alt Senior Advisory Board: 2 Alts Veterans Advisory Commission: 1 Alt There were no applicants for appointment. 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 A. PROPOSED RESOLUTION NO. R15 -003 - Approve removal of one Red Light Camera Magistrate. B. PROPOSED RESOLUTION NO. R15 -004 - Approve Community Development Block Grant (CDBG) funding in the amount of $100,000 for Copper Top Brewery LLC for the purpose of purchasing equipment for the business which will result in local job creation; and authorize the Mayor to sign the Agreement. Vice Mayor Casello had pulled Item 6.13 for discussion. He inquired what the return on investment would be for the City. Octavia Sherrod, Community Development Manager, replied the business would produce above minimum wage jobs and employ members of the community. Matthew Cox, owner and Brew Master of Copper Top Brewery, a resident of Boynton for 15 years and Alfred Lettera, 528 Squire Drive in Wellington were present. A forecast of the types of positions was submitted. The brew house would include full time labor with five people employed in year one. The tasting room would have about eight people and then administrative staff of two. Year two could have eight full time people in the brew house supporting the manufacturing with educated professionals. It is estimated to have 10 in the tasting room that would result in four administrative staff. The third Page 228 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 year would involve10 employees in the brew house, 12 in the tasting room and six office staff. The calculations have been substantiated with the community to illustrate how the manufacturing will add to the additional jobs. Local distributors were consulted to determine potential capacity in the market and sold the estimates to the investors supporting the business. Vice Mayor Casello was concerned that $100,000 out of the total funds of $185,000 was significant for only one company. Ms. Sherrod explained, by Housing and Urban Development standards, more jobs were being created for the dollars spent than mandated. A minimum requirement, according to the federal guidelines, would be three or four jobs. Local non - profits that train low- income people would be consulted to bring productive people back into society. Nancy Byrne, Development Director, pointed out it is a very scientific approach to brewing beer. It is a lengthy, convoluted process to obtain the funding and be on a continuing reporting basis back to City staff about job production. All of the equipment had to be made in the USA. It is not easy to qualify for the funding. Commissioner McCray questioned what the recourse would be if the business did not survive. Ms. Byrne explained the equipment is the leverage for the loan. Vice Mayor Casello supported the brewery business. Ms. Byrne interjected the monies had been allocated for three years without an applicant. Commissioner McCray asked if the equipment could be used for production of drinks other than beer. Mr. Altera interjected the boiler was sourced from California and cost $30,000 and the chiller was from Oregon for $35,000. Their business plan also included contingency plans for contract manufacturing for other breweries that do not have the capacity needed. It could be used to make root beer or seltzer water. The business plan had been well thought out. David Katz, 67 Midwood Lane, advised he was not against the project, but was concerned about the monies being used from the CDBG Grant based on prior experience. In relation to the job estimations, anticipation is a "gray" word, but he hoped the jobs created would be more substantial than minimum wage. He understood the applicant was not required to hire residents of Boynton Beach. He noted there is a requirement for quarterly reporting to the Commission and he hoped that would be mandatory. Ms. Sherrod agreed there were checks and balances. She clarified the prior poor experience referred to was not funding from Boynton Beach CDBG funds. M. Page 229 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 Motion Commissioner McCray moved to approve the request. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. C. Approve addition of the following classifications to the Pay Plan: Crime Scene Investigator I, Crime Scene Investigator 11, and Crime Scene Investigator III. D. Approve the piggy -back of State of Florida Contract 600 - 760 -11 -1 for D1900 Folder /Inserter equipment, with Pitney Bowes for a sixty (60) month lease at $702 /mo. The State of Florida complied with public competitive requirements that equal or exceed the City of Boynton Beach bid requirements. E. Award the bid for "The Resurfacing of Denson Pool in Wilson Park ", Bid No. 017 - 2710- 15 /JMA in the amount of $48,777 to Anzco Inc. of Boca Raton, FL. F. Approve use of $20,000 from State Forfeiture Funding, (account 691- 5000- 590 -0425) to facilitate Adaptive Leadership Training for command staff and limited supervisory personnel from Cambridge Leadership Associates, LLC. G. Approve the one -year extension for RFPs /Bids and/ or piggy -backs for the procurement of services and /or commodities as described in the written report for January 20, 2015 - "Request for Extensions and /or Piggybacks ". H. Accept the written report to the Commission for purchases over $10,000 for the month of December 2014. Approve an increase to PO #141075 issued to Southeast Truck Specialist, Inc. of Pompano Beach, FL for the repair of Fire Rescue Unit #874 in the amount of $8,858.16 increasing the original PO from $24,906.97 to $33,765.23. J. Approve the minutes from the Regular City Commission meetings held on September 16, 2014, January 6, 2015 and the Special City Commission meeting held on January 16, 2015. M Page 230 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 Commissioner Fitzpatrick requested to change the January 6, 2015 minutes. The sentence that reads, "Links were purchased by the CXS around Port Everglades that would connect into the FEC rails between Mangonia Park and Jupiter ", should be deleted and the following insertion made: "Property for two rail links were purchased by the South County MPOs to connect the FEC and CXS rail lines. The first is south around Port Everglades and the second to the north near Mangonia Park headed to Jupiter." Motion Commissioner Fitzpatrick moved to accept the three separate meeting minutes as amended. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of one new 2016 Freightliner M2 4 door crew cab AEV Type I ambulance in the amount of $228,032 minus a trade -in allowance of a 2007 International 4300 Type I (unit #870) in the amount of $25,500 for a total purchase price of $202,532 from the Florida Sheriffs Association Bid No. 11 -10 -1202. Motion Commissioner McCray moved to approve motion. Commissioner Fitzpatrick seconded the Vote The motion passed unanimously. 8. CODE COMPLIANCE and 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. 10 Page 231 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 A. PROPOSED ORDINANCE NO. 14 -031 - FIRST READING - PUBLIC HEARING - Approve abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north. The subject right -of -way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). Applicant: Dodi Buckmaster Glas of Gentile Glas Halloway O'Mahoney & Associates, Inc., agent for the property owner, K. Hovnanian T & C Homes at Florida, LLC (Tabled to 213115) B. PROPOSED ORDINANCE NO. 14 -032 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar Future Land Use Map amendment (LUAR 14 -001) from Low Density Residential (LDR) to Special High Density Residential (SHDR). Applicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney and Associates, Inc. (Tabled to 213115) C. Approve a New Master Plan /Site Plan (NWSP 14 -004) to allow construction of 80 fee - simple townhome units (Casa del Mar on the Intracoastal IPUD) at a density of 16.65 dwelling units per acre, a waterfront amenity area, and related site improvements on 4.8 acres located on the east side of Federal Highway, north of Dimick Road and south of the Peninsula IPUD. Agent: Dodi Buckmaster Glas with Gentile Glas Holloway O'Mahoney & Associates, Inc (2GHO) on behalf of Applicant /Owner K. Hovnanian T & C Homes at Florida LLC. (Tabled to 2/3/15) D. PROPOSED ORDINANCE NO. 14 -033 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (LUAR 14 -001) from R -1 -AA (Single - Family Residential District to an IPUD (Infill Planned Unit Development) with a Master Plan for a townhouse development. (Tabled to 2/3/15) E. PROPOSED ORDINANCE NO. 14 -034 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (REZN 14 -005) from an IPUD (Infill Planned Unit Development) with a Master Plan for a marina use to an IPUD with a Master Plan for a townhouse development. (Tabled to 2/3/15) Vice Mayor Casello noted Items 9. A, B, C, D and E had been tabled to February 3, 2015. 10. CITY MANAGER'S REPORT A. Accept the City of Boynton Beach FY2013/2014 Annual Grants Report. 11 Page 232 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 Motion Commissioner McCray moved to accept the report. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Debbie Majors, Grants Coordinator, thanked the Commission for accepting the report. The Grants Team had worked to get additional funding to further the strategic plan and goals. Ms. LeJeune interjected the report addresses the request of the Commission for monthly or quarterly reports from various departments. Ms. Majors reported 19 grants had been awarded totaling over $900,000. Six additional applications were sought for just over $2 million and 10 projects closed out with previously funded grant awards totaling $3.6 million. The Recreation and Parks Department received $5,000 from the USA Swimming Foundation to provide free swimming lessons for children at the Denson pool. Partnering with the Drowning Prevention Coalition resulted in funding for even more lessons to assist a total of 183 children. The Police Department Crime Prevention Unit received funding for the "Shop with a Cop" program. It has been held at Walmart and Target. It strengthens relationships with the children and the police officers. It was one of seven grants totaling $193,000 received by the Police Department. Due South Brewery and Joey's Home Bakery are two of several businesses that received grants under the Commercial Rent Subsidy or the Commercial Interior Build out Assistance Program through economic development programs. The Community Development Block Grant funding has been awarded to several community based organizations. The Community Caring Center provided over 3,500 residents with food and other programs. The Fire Department received a $967,000 SAFR Grant awarded from FEMA to pay 100% of the cost to higher seven firefighters for two years that brought them to full staff levels. A new interactive website has a system of trails throughout the City that was funded through the Florida Division of Historical Resources. It provides a walk through the history of Boynton Beach including the three cemeteries that can be done on the web or walking the paths. A Lowe's Keep America Beautiful Grant enabled cleaning of the mangroves around Marina Village done by St. Marks students and Lowe's employees. They assisted the 12 Page 233 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 City Commissioners in creating a new and environmentally friendly space for everyone to enjoy. Galaxy Elementary students formed a scrub club working with a $10,000 grant from the US Department of Agriculture and a $20,000 grant from the Bachelor Foundation to restore the Galaxy Scrub and Gopher Tortoise Habitat. Native seedlings would be used to replant the area to restore the scrub site to the natural state. State aid funding at the Library allowed for the creation of a new virtual zone for teens with state -of -art technology. Approximately 170 seniors were given instruction on using cell phones and other digital devices with a $2,240 grant from the Florida Department of Elder Affairs. It helps to keep communication open with family members. The hope was similar programs would continue to be available to the City of Boynton Beach. She thanked the Commission for supporting the Grants team. B. PROPOSED RESOLUTION NO. R15 -005 - Amend the FY 2014 -2015 budget, which will adjust budgeted appropriations and revenue sources to provide spending authority for a 2% wage increase for Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 of the International Association of Fire Fighters, AFL -CIO, CLC effective October 1, 2014. Motion Commissioner Fitzpatrick moved to approve Proposed Resolution No. R15 -005. Commissioner McCray seconded the motion. Vote The motion passed unanimously. C. PROPOSED RESOLUTION NO. R15 -006 -Approve Collective Bargaining Agreement between the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 of the International Association of Fire Fighters, AFL - CIO, CLC and the City. Motion Commissioner McCray moved to approve Resolution No. R15 -006. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 13 Page 234 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 Commissioner McCray noted the Commission had been working with the two groups to provide a raise and he thanked the employees for being patient. Other departments remained unsettled. 11. UNFINISHED BUSINESS -None 12. NEW BUSINESS - None 13. LEGAL A. PROPOSED ORDINANCE 15 -001 - FIRST READING - Approve Ordinance amending Section 10- 51.5(1)(4) of the City of Boynton Beach's Code of Ordinances entitled Registration of Abandoned Real Property to amend the registration fee. Attorney Cherof read Proposed Ordinance No. 15 -001 by title only on first reading. Motion Commissioner McCray moved to approve Ordinance No. 15 -001. Commissioner Fitzpatrick seconded the motion. Commissioner Fitzpatrick wanted a definition of abandoned real property. Attorney Cherof advised it pertained to residential properties near or in foreclosure. Vote Deputy City Clerk Pyle called the roll. The vote was 3 -0. 14. FUTURE AGENDA ITEMS - None Commissioner McCray commended Vice Mayor Casello for presiding over his first Commission meeting acting as Mayor. 15. ADJOURNMENT There being nothing further to come before the Commission, Vice Mayor Casello properly adjourned the meeting at 7:45 p.m. 14 Page 235 of 458 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL January 20, 2015 CITY OF BOYNTON BEACH ATTEST: Janet M. Prainito, MMC City Clerk Judith A. Pyle, CMC Deputy City Clerk 15 Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Page 236 of 458 6.L. CONSENT AGENDA 2/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM •T•]► ail► hI&1111 Eel ►I►hl=1 =11 Il► Eel .7_rIf►aKlf►�lZV REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2014 -2015 Budget Status Report of the General Fund and the Utilities Fund for the three (3) month period ending December 31, 2014. EXPLANATION OF REQUEST: This report summarizes the estimated funding sources and the adopted expenditure budgets for the City's General Fund and Utility Fund for the three (3) month period ended December 31, 2014 (25% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget and • Actual results for the same period of the prior year annual budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND Revenues & Transfers Expenditures Excess (Deficit) FY 2014 -15 FY 2013 -14 FY 2015 vs. 2014 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % $ 72,540 $ 37,822 52% $ 71,416 $ 33,702 47% 2% $(72,540) $(26,017) 36% $(71,416) $ (25,510) 36% 2% $ - $11,805 $ - $ 8,192 12% 2% Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $56M or 77% of our total $72.5M General Fund budget estimate for FY 2014 -15. Transfers from other funds (non- revenues provide $16.5M or 23% of the total funding sources to balance our $72.5M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 37% - $ 27.1M —Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 28.9M —All other revenues plus General Fund Balance 3._ - $ 16.5M — Transfers from other funds 100% - $ 72.5M — Total funding sources The property tax rate for FY 2014 -15 is 7.9000 mills, no change from the prior year; the net property taxes of Page 237 of 458 $27.1 M in FY 2014 -15 represent a 7.2% increase in property tax revenue or an increase of $1.8M from FY 2013 -14. To balance the budget in FY 2013 -14, it required transfers from other funds of $16.5M representing 23% of all funding sources. Actual Funding Sources Realized: At the end of the third month in FY 2014 -15, revenues and transfers realized are approximately $37.8M of the budget estimate compared to $33.7M realized to date in FY 2013 -14. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $21 AM as compared to $19M for FY 2013 -14, as noted on Exhibit A. Other Revenues: The four major revenue sources other than property taxes: 1. Franchise Fees realized was $1.3M or 30% actual collected compared to $1.2M or 28% in FY 2013 -14. 2. Business Taxes are due at the beginning of the fiscal year. For FY 2014 -15, approximately $1.3M or 96% has been collected compared to the FY 2013 -14 amount of $1.3M or 92 %. 3. State Shared revenues of $1.7M or 23% have been collected in FY2014 -15 as compared to $1.6M or 23% received in FY 2013 -14. 4. Public Safety revenues at this point collected are $1.8M or 42% received compared to $1.4M or 34% for FY 2013 -14. 5. Special Assessment revenues, related to Fire and Rescue, in the amount of $4.5M or 81% has been collected compared to $2.8M or 57% in FY 2013 -14. Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 1.6% from $71 AM to $72.5M. The budget increase was due to the cost of doing business, providing funding for additional landscaping, wage increases and increased pension contribution. Actual Expenditures - General Fund expenditures for the three month period ending December 31 (25% of the fiscal year) are $26M that is 36% of the $72.5M expenditure appropriation for FY 2014 -15. The table at the top of Exhibit B displays actual expenditures of $26M or 36% of the FY 2014 -15 budget. At this point in the fiscal year, FY2014 -15 spending levels are equivalent to the $25.5M expended in FY 2013 -14 for this same period. UTILITY FUND The FY 2014 -15 annual expenditure budget of $40.2M represents a $0.6M increase from the FY 2013 -14 budget of $39.6M. The operational forecast reflects a decrease of an estimated $225K into the fund balance for FY 2014 -15. Page 238 of 458 FY 2014 -15 FY 2013 -14 FY 2015 vs. 2014 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 40,212 $ 10,537 26% $ 39,617 $ 10,311 26% 2% 2% & Transfers Expenditures $(40,212) $(10,504) 26% $(39,617) $ (10,476) 26% 2% 0% Excess (Deficit) $ - $ 33 $ - $ (165) For the three month period in FY 2014 -15, Page 238 of 458 • Revenues realized are $10.5M (26 %) of the annual budget estimate. • Expenditures incurred are $10.5M (26 %) of the annual appropriated budget. This resulted in revenues in excess of expenditures yielding a surplus of approximately $33K. The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit C) - The $10.5M in FY 2014 -15 actual revenues and fund balance have increased over the $10.3M in FY 2013 -14, because of the following factors: . Water Sales - $4.8M equivalent to 26% of the annual estimate, compared to $4.7M or 27% at this point in FY 2013 -14. . Water Service Charge - $236K equivalent to 47% of the annual estimate, compared to $296K or 37% at this point in FY 2013 -14. . Sewer Service - $4.4M equivalent to 26% of the annual estimate, compared to $4.2M or 25% at this point in FY 2013 -14. . In FY 2014 -15, $ 224K is being recognized as a decrease to the fund balance, compared to an added increase of $ 49K in FY 2013 -14. Expenditures (Exhibit D) — Utility Fund FY 2014 -15 expenditures to date are $10.5M or 26% of the annual appropriation compared to expenditures of $10AM or 26% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum D Addendum ©G 150MTM1,1 D Addendum REVIEWERS: Description General Fund Revenues General Fund Expenditures Utility Fund Revenues Utility Fund Expenditures Page 239 of 458 Department Reviewer Action F inance Howard, Tim Approved F inance 6- coward, Tim Approved City Manager LaVerriere, Lori Approved Date 112112015 - 1:54 PM 112112015 - 1:54 PM 112912015 - 1:00 PM Page 240 of 458 S:AFinanceTmiilcial Repons \Monthly Financial ReponsTY2014- 2015VBudget Review - GF - thru Dec 14 Summan-1001 Revenue Summary Revised Pagel 241olOf 458 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended December 31, 2014 (25% of Fiscal Year) REVENUES FY 2014 -15 FY 2014 -15 TO DATE FY 2013 -14 FY 2013 -14 TO DATE ACCOUNTS REVENUE % REVENUE % APPROVED $ 32,304,232 REALIZED $ 26,621,785 REALIZED 82% $ APPROVED 29,736,573 REALIZED 23,488,689 REALIZED 79% AD VALOREM TAXES, net LESS TIF TAXES TO CRA 5,186,878 (5,186,878) 100% 4,428,166 (4,428,166) 100% NET TAXES TO THE CITY 27,117,354 21,434,907 79% 25,308,407 19,060,523 75% LICENSES AND PERMITS FRANCHISE FEES 4,420,000 1,337,688 30% 4,434,575 1,243,912 28% BUSINESS TAXES 1,390,000 1,329,679 96% 1,390,000 1,280,536 92% BUILDING PERMITS 2,115,000 441,416 21% 1,662,600 542,044 33% OTHR LICENSES, FEES & PER 170,000 114,736 67% 171,300 107,027 62% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 55,000 6,758 12% 55,000 8,709 16% STATE SHARED REVENUES 7,724,000 1,774,224 23% 7,072,000 1,644,640 23% SHRD REV FROM OTHR LCL 440,000 73,253 17% 415,000 74,456 18% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 104,000 121,647 117% 104,000 104,698 101% CHRGS- GENERAL GOVT 616,798 156,806 25% 614,600 150,621 25% PUBLIC SAFETY 4,383,605 1,819,252 42% 4,075,100 1,405,345 34% PHYSICAL ENVIRONMENT 20,000 7,200 36% 20,000 8,641 43% CULTURE /RECREATION 353,000 118,947 34% 331,000 107,862 33% INTEREST & MISC REVENUE VIOLATIONS LOCAL ORD. 440,000 195,805 45% 355,000 189,103 53% INTEREST EARNINGS 50,000 1,135 2% 240,000 468 0% RENTS AND ROYALTIES 351,000 85,736 24% 338,800 82,486 24% SPECIAL ASSESSMENTS 5,542,000 4,514,332 81% 4,977,000 2,854,457 57% SALE OF SURPLUS MATERIAL 2,000 27 1% 2,000 121 6% LIBRARY FINES 30,000 4,531 15% 30,000 4,678 16% OTHER MISC. REVENUE 237,000 39,659 17% 288,900 59,703 21% INTERNAL FUND TRANSFERS TRANSFERS 16,518,000 4,129,500 25% 16,711,115 4,067,000 24% FUND BALANCE APPROPRIATED 461,356 115,339 25% 2,820,106 705,027 25% Total Revenues $ 72,540,113 $ 37,822,577 52% $ 71,416,503 33,702,057 47% S:AFinanceTmiilcial Repons \Monthly Financial ReponsTY2014- 2015VBudget Review - GF - thru Dec 14 Summan-1001 Revenue Summary Revised Pagel 241olOf 458 S:AFiw, -c Fi0 -Iclal Reports \Monthly Financial Reports \FY2014- 201SBudget Review - GF - thru Dec 14 Summan-1001 Expenditure Summary Revised Pagel 242,1 ©f 458 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended December 31, 2014 (25% of Fiscal Year) EXPENDITURES FY 2014 -15 FY 2014 -15 TO DATE FY 2013 -14 FY 2013 -14 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 252,374 $ 68,626 27% $ 270,049 $ 83,420 31% CITY MANAGER 609,000 255,943 42% 777,917 295,961 38% CITY HALL /GEN. ADMIN. 2,771,218 453,960 16% 2,164,446 461,679 21% MARKETING /COMMUNICATIONS 179,256 21,213 12% 0 0 0% CITY CLERK 550,192 181,429 33% 571,810 171,061 30% CITY ATTORNEY 595,393 115,579 19% 735,597 109,240 15% FINANCIAL SERVICES 1,149,528 418,321 36% 1,105,077 398,523 36% ITS 1,903,852 658,319 35% 1,834,455 690,775 38% HUMAN RESOURCES 726,322 254,052 35% 785,682 297,666 38% PUBLIC SAFETY COMMUNICATIONS 0 0 0% 2,426,381 854,042 35% UNIFORM SERVICES 12,929,306 7,026,952 54% 25,011,299 9,193,772 37% ADMINISTRATIVE SERVICES 6,701,993 1,732,081 26% 0 0 0% SUPPORT SERVICES 8,378,110 2,018,573 24% 0 0 0% CODE COMPLIANCE 0 0 0% 957,574 340,560 36% FIRE 20,897,703 8,294,750 40% 20,147,236 8,010,970 40% EMERGENCY MANAGEMENT 81,914 1,809 2% 83,564 6,133 7% BUILDING & DEVELOPMENT DEVELOPMENT 863,449 301,797 35% 817,527 299,404 37% BUILDING 1,040,811 369,058 35% 1,248,679 392,539 31% ENGINEERING 647,281 240,849 37% 706,395 265,802 38% PLANNING & ZONING 690,111 261,211 38% 675,073 271,200 40% ECONOMIC DEVELOPMENT 342,064 74,499 22% 254,351 63,906 25% PUBLIC WORKS PUBLIC WORKS 227,007 85,599 38% 243,056 87,855 36% FACILITIES MANAGEMENT 1,573,062 411,239 26% 1,532,499 495,286 32% STREETS MAINTENANCE 1,059,844 377,176 36% 1,087,637 310,423 29% LEISURE SERVICES LIBRARY 2,208,921 742,840 34% 2,218,651 767,942 35% SCHOOLHOUSE MUSEUM SERV 336,444 78,338 23% 227,855 15,819 7% RECREATION 2,832,030 950,022 34% 2,823,614 907,599 32% PARKS & GROUNDS 2,992,928 610,195 20% 2,710,079 717,750 26% CRA REIMBURSABLE & RESERVES - 12,956 0% - 753 0% Total Expenditures $ 72,540,113 $ 26,017,386 36% $ 71,416,503 $ 25,510,080 36% S:AFiw, -c Fi0 -Iclal Reports \Monthly Financial Reports \FY2014- 201SBudget Review - GF - thru Dec 14 Summan-1001 Expenditure Summary Revised Pagel 242,1 ©f 458 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended December 31, 2014 (25% of Fiscal Year) REVENUES FY 2014 -15 FY 2014 -15 TO DATE FY 2013 -14 FY 2013 -14 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED $ 18,400,000 $ 4,823,766 26% APPROVED REALIZED REALIZED $ 18,000,000 $ 4,781,414 27% WATER SALES WATER CONNECTION FEE 10,000 8,660 87% 50,000 15,560 31 WATER SERVICE CHARGE 500,000 236,290 47% 900,000 296,392 33% WTR- BACKFLOW PREVNTR TEST 5,000 0% 50,000 0% RECLAIMED WATER SALES 40,000 23,062 58% 30,000 11,957 40% SEWER SERVICE 17,254,000 4,419,585 26% 16,800,000 4,279,155 25% STORMWATER UTILITY FEE 3,610,000 942,002 26% 3,670,000 906,939 25% TELEVISE SEWER LINES 7,000 0% 20,000 2,648 13% FEES 10,000 0% 15,000 4,171 28% INTEREST INCOME 50,000 0% 20,000 0% SALE OF SURPLUS EQUIP. 1,144 0% 4,000 0% OCEAN RGE UT TAX ADM CHG 800 117 15% 800 132 17% BAD DEBT RECOVERIES 500 0% 500 33 7% MISCELLANEOUS INCOME 712 0% 5,000 0% TRANSFER FROM SANITATION FUND 101,000 25,250 25% 101,000 25,250 25% FUND BALANCE INCREASE 224,055 56,014 25% 49,176 (12,294) 25% TOTAL REVENUES $ 40,212,355 $ 10,536,602 26 $ 39,617,124 $ 10,311,357 26% $50,000 Two Year Cumulative Revenues Comparison and CFY Budget - ($ in thousands) Oct Nov Dec Jan Feb Mar Apr May - Cumulative 2013 -14 Actual - Cumulative 2014 -15 Actual $41,641 Jun Jul Aug Sep °2014 -15 Budget S: \Finance \Financial Reports \Monthly Financial Reports \FY2014 - 2015 \Budget Review - OF - thru Dec 14 Summariz d401 Rev Sum Page 243 of 458 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended December 31, 2014 (25% of Fiscal Year) EXPENDITURES FY 2014 -15 FY 2014 -15 TO DATE FY 2013 -14 FY 2013 -14 TO DATE ACCOUNTS BUDGET % BUDGET EXPENDED APPROVED EXPENDED $ 1,493,601 $ 454,085 30% EXPENDED APPROVED EXPENDED $ 1,517,181 $ 479,512 32% WATER DISTRIBUTION PUBLIC WATER TREATMENT 6,014,080 1,679,311 28% 6,247,733 1,787,351 29% METER READING & SERVICES 922,835 328,013 36% 843,627 292,930 35% WASTEWATER COLLECTION 1,582,487 484,462 31% 1,596,979 517,890 32% WASTEWATER PUMPING STATNS 2,442,147 715,506 29% 2,546,226 679,792 27% SEWAGE TREATMENT 3,723,000 812,252 22% 3,987,000 708,845 18% WATER QUALITY 664,323 231,596 35% 725,412 273,255 38% UTILITY ADMINISTRATION 13,481,439 3,121,478 23% 12,399,551 3,109,532 25% UTILITES ENGINEERING 1,306,406 452,839 35% 1,331,802 459,118 34% STORMWATER MAINTENANCE 951,509 261,768 28% 869,024 205,537 24% CUSTOMER RELATIONS 1,548,444 417,161 27% 1,382,627 422,084 31% DEBT SERVICE 6,082,084 1,545,031 25% 6,169,962 1,540,574 25% Total Expenditures $ 40,212,355 $ 10,503,502 26% I s 39,617,124 $ 10,476,420 26% S: \Finance \Financial Reports \Monthly Financial Reports \FY2014 - 2015 \Budget Review - OF - thru Dec 14 Summariz d401 Exp Sum Page 244 of 458 7.A. BIDS AND PURCHASES OVER $100,000 2/3/2015 5�! CITY OF BOYNTON BEACH x, AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -016 - Approve the award to Forerunner Technologies, Inc. of Huntsville AL for RFP No. 068 - 1510 -14 /JMA, "Voice over Internet Protocol Telephone System ", and authorize the City Manager to sign a five year lease agreement with NEC Financial Services, LLC., in the amount of $5,892.32 per month (for a total of $353,539.20), with a One Dollar ($1.00) lease buyout for the telephone equipment. For the three years following lease end, the City will receive maintenance and support for the VoIP phone system from Forerunner for $16,897 per year. EXPLANATION OF REQUEST: The City of Boynton Beach currently owns and operates three separate, yet integrated, NEC PBX (telephone) systems located at City Hall, Utilities East Plant, and Fire Station #5. Two of the three PBX systems are end -of -life with limited support options from the manufacturer and partners. The City will find it increasingly difficult to obtain phone system support for these aging systems. The City issued a Request for Proposal for a "Voice over Internet Protocol (VoIP) Phone System ", RFP No. 068 - 1510 -14 /JMA. Fourteen proposals were received by Procurement/Finance September 4, 2014; with thirteen proposals acceptable, and one proposal deemed non- responsive per RFP specifications. An evaluation committee, consisting of I.T.S. Manager John McNally, I.T.S. Network Manager Charles Stevens, and I.T.S. Network Administrator Craig Ramos, developed a scoring criteria that would ensure that the phone system selected would best fit the current and future needs of the City. The committee determined that it would be best to score the proposals based on the following criteria: Response to RFP Questionnaire — 25 %; Proposed Pricing (System and Maintenance Cost) — 25 %; and Phone System Technical Demonstration — 50 %. The result from the top three proposals are listed below. Vendor Forerunner Technologies Verteks Consulting CPT of South Florida Responseto Proposed Questionnaire Pricing Max Score: Max Score 75 75 67.05 66.45 68.64 62.82 68.72 75.00 Technical Demonstration Total Score Max Score: Max Score: 150 300 113.92 247.42 113.37 244.83 99.86 243.58 Forerunner Technologies, Inc. was determined to be the most responsive vendor to the RFP, based on the results of the evaluation committee using the established scoring criteria. Forerunner Technologies, Inc. has proposed a Mitel VoIP phone system. The Mitel VoIP phone system will provide standard call features, voicemail, unified messaging, unified communications, and advanced call center capabilities. The Mitel VoIP phone system is an Enterprise phone system that will use one database across the entire City. The Mitel VoIP phone system will take advantage of the City's virtual server environment, reducing the need for stand alone hardware servers. This will reduce the ongoing costs to maintain the phone system. In addition, the software maintenance and support will provide software upgrades, security updates, and system enhancements for eight years. Forerunner Technologies, Inc. has extensive knowledge with NEC phone system. This will be beneficial during the implementation of the Mitel VoIP phone system to lessen the impact to City employees while the new Mitel VoIP phone system is being installed. The RFP requested that the cost of the phone system be financed over a period of five (5) years. To achieve this, Forerunner has proposed and the City would like to enter into a Municipal Lease and Option Agreement with NEC Financial Services, LLC., of Saddle Brook, NJ. The lease will be for 60 months with a monthly lease payment of $5,892.32. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The replacement of the phone system will provide reliable communication services to City Staff and residents. In addition, the new phone system will provide new features and technology that do not exist with the current phone system. FISCAL IMPACT: Budgeted Funding was approved in the I.T.S. Departments approved budget for fiscal year 2014/15 under account number 001 - 1510 - 513.41 -10. Annualized cost will be $70,707.84 per fiscal year. ALTERNATIVES: Deny this request and continue to rely on the City's existing phone system (not recommended). Periods of extensive phone system downtime could be associated with this option as parts and maintenance options become more difficult to obtain. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: Goal 4 - High Performing City Organization; Objective 5: Upgrade information technology both hardware and software. This project is listed as "Phone System Upgrade" in the section "Major Projects 2014 - 2015 ". Page 245 of 458 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this agnmrr No Grant Amount: CONTRACTS VENDOR NAME: Forerunner Technologies, Inc. START DATE: END DATE: CONTRACT VALUE: $000000.co over oyears MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Type D n000|odon D Agreement D Other D Bid D Other D Other msvsmEne: Department ITS Finance Legal City Manager Reviewer Action Date McNally, John Approved 1/7/2015 1:46 PM Howard, Tim Approved 1/202015 5:29 PM 8wonemn, Lynn Approved 1/29/2015 3:17 PM LaVerriere, Lori Approved 1/30/2015 - 11:24 AM Page 246 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFP #068-1510 - 14/JMA TO FORERUNNER TECHNOLOGIES, INC., OF HUNTSVILLE, AL., FOR VOICE OVER INTERNET PROTOCOL TELEPHONE SYSTEM; AUTHORIZING THE CITY MANAGER TO SIGN A FIVE YEAR LEASE AGREEMENTWITH NEC FINANCIAL SERVICES, LLC., IN THE AMOUNT OF $5,892.32 PER MONTH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 4, 2014, Procurement Services received and opened fourteen (14) proposals to the RFP #068 - 1510- 14 /JMA for " Voice Over Internet Protocol (VoIP) Phone System ", of which thirteen were deemed responsive to the RFP specifications ; and WHEREAS, an evaluation committee reviewed the proposals and it was determined that Forerunner Technologies, Inc., was the most responsive vendor to the RFP; and WHEREAS, the RFP requested that the cost of the phone system be financed over a period of five (5) years,; to achieve this Forerunner has proposed and the City would like to enter into a Municipal Lease and Option Agreement with NEC Financial Services, LLC., of Saddle Brook, New Jersey for a term of 60 months with a monthly lease payment of $5,892.32; and WHEREAS, upon recommendation of staff, the City Commission does hereby approve the award of RFP #068- 1510- 14 /JMA for "Voice over Internet Protocol Telephone System" to Forerunner Technologies, Inc., and authorize the City Manager to sign a five year Lease Agreement with NEC Financial Services, LLC., in the amount of $5,892.32 monthly for a period of sixty (60) months. Page 247 of 458 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 4 being true and correct and are hereby made a specific part of this Resolution upon adoption 5 hereof. 6 Section 2. The City Commission of the City of Boynton Beach, Florida, 7 hereby approves the award of RFP #068 - 1510- 14 /7MA "Voice over Internet Protocol 8 Telephone System" to Forerunner Technologies, Inc. For the three years following the 9 lease end, the City will receive maintenance and support for the VOIP phone system from 10 Forerunner for $16,897 per year. 11 Section 3. The City Manager is hereby authorized and directed to sign a five 12 (5) year Municipal Lease and Option Agreement between the City of Boynton Beach and 13 NEC Financial Services, LLC., for sixty (60) monthly payments of $5,892.32, a copy of 14 which is attached hereto. 15 Section 4. That this Resolution shall become effective immediately. 16 17 {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} Page 248 of 458 1 PASSED AND ADOPTED this day of February, 2015. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Page 249 of 458 MUNICIPAL LEASE AND OPTION AGREEME NT LESSOR: NEC Financial Services, LLC LE.Wft - 250 Pehle Avenue, Suite 704 Saddle Brook, NJ 07663 Lessor agrees to lease to lesssw and Lesm agrees to lease from Lessor, ft Equipineie, heminaffi-f desuibed ("Equipmenf') in sewidance with the following terms and conditions of this Municipal Lease and Option Agmennient ( which shall be governed by and osmsaued in accordance with the laws of the ftte of the Equipment Immfion described to C'StaW'). DESCRIPTION OF EQMPMENT (1) NEC * * *, together with all accessories, additions and attachments thereto, replacements and. substitutions therefore and all proceeds thereof, now owned or hereinOf ter acquimd, LOCATION OF EQUIPMENT Imm RENTAL PAYMENTS Rental Ea rat Periods shall be monthly. Rental Payments shall be made in accordance with Section 6.02 and the Schedule of Rental Payrnents Wached her as ExWb!tA. The maximum Lease Tenn of this Agreement is —*** years and —***—months, The Est payment will be due on !KSSENTML USE' CERnFICATE The Equipment v.-11 be used by fhe Lessee for the fol" gavernraentaipurp—me of elegy rmwaications. 2. The Equipment is essential for the functioning of the Lessee and is immediately needed by the Lessee. Such treed is neither temporary nor expected to dinifinsh during the Lease Tenn. The Equipment is expected to be used by the Lessee for a period in exocss of the Lease Term, TERMS AND CONDIII n1E TERMS AND CONDITIONS OF TFUS AGREEMENT SET FOR ON THESE * * * #* * * PAGES SHALL FOR ALL PURPOSES HAVE 111E SAME EFFECTAS IF SET FORTH HERE. IN WT SS WHEREOF, Lessor and Lessee have caused this Agmrment to be executed in their nmr by their ddy ratcrized representatives as of the deft written above, (LE SSOR) NEC Financial SerAces, LLC By. (LESSEE) By- (SEAL if applicable) Pap I of * Page 250 of 458 CERTIFICATE OF CLERK OR SECRETARY OF LESSEE L the undersigned, do hereby certify (i) that the officer of Lessee who excrutcd the foregoing Agreement and all related documents on behalf of Lessee and whose gentrine signatuit appears thereon, is the duly qualified and acting offlicer ofd e as stated beneath his or her signature and has been authorized to exec e the foregoing Agreement and all related doements on behalf of Lessee, and (ii) t1W the budget year of Lessee is from to By- — Title: OPINION OF COUNSEL With respect to that ceitidn Mtnficipal Lease and Option fi4mment (tk- "A&reenserd") dated ***** by and between Ussor and the Lessee, I are of the opinion that: (i) the Lessee is, within the memi g of Section 103 ofthe Inte'Md Revenue Code of 19K a State or fully constituted political subdivision or agency of the State of the Equipnwnt Location described abeve; (H) the execution, delivery and performance by the lassee of the Agmement have been duly authorized by all necessmy aeion on the part of t1w Lesne; anct, (iii) the Agrement constitutes a le gaL valid and binding obligation of the Lessee enflorceable in accordance with its to as, Printed Na= -- Dated: Address: Signature: Telephone No ®e AR191CLIE I COVENANTS OF 1ESSEE MMM GO 11nitial ff a ,pplicable / Lessee hereby designates the Agreement as a "qualified tax-exempt Page 251 of 458 (k) Upon requesi Lessee will, gills reasonable promptness, provide Ussor with mpies of Lessee's ruffent year-end and qjarterly financial emlernents (prepared in accardance wM generifly accepted accounting prind' Ties, consistently applied) in fbnn and content satisfiw=ry to Lessor. ARTICM 11 DEFINFITTONS ARTICLE III LEASE OF EQUH&MENT Section 3,01. j&iMSLF f ,guj!Lment Lessor hereby demises leases and lots to Lessee, and Lcssee rents, leases and hires m Lessor, the Equipment, in accordenw, with the provisions of this Agreement to have and to hold for the Lease Terin. Section 4.01. LMLe_je_rm. This Agreement shall be in effect and shall conmence as of the Comm ern cetnent Date and will remahi in effect thmughout the I=w Term, The Lease Term will to to upon the first to occur of- (a) the exercise by Lessee of the option to purchase the Equipment under ArUcles X or Vl; (b) Lessors election to tcrtninihe this Agreement upen a default under Article Xlt (c) the payrrsmt by Lessee of all sums required to be paid by Lessee hereunder; or (d) the occutrence of an Event of Nonapprepriation in &-=dance with Article VI, Section 6.05. ARTICLE V ENJOYMAZINT, OF EQUMMENT Page 252 of 458 portion of the Equipment, ARTICLE VI RENTAL PAYMEN", AID I:;. VII TITLE TO EQUIPMENT; SECURITY INTEREST ARTICLE V1 MANINTMANCE; MODIFICA170N, TAXES; INSURANCE AND OTHER CHARGES Sediong.01. will, at s own co9t and expense, maintain, preserve and .C. Lessee U -sqW keep the Equipment in good re-dair, wcrrking order and cmdition. SO 8-0- jUAL—O—tk2Lfijv C In the event flad the use, preaession or acquisition of the Equipaaent is fmmd to be sWbject to taxadon in any form (except for inco m- taxes of Lessor), govem=nt charges or utility chwges and expense.% Lessee will pay W.1 such taxes and charges as they conw due. Ussze ag to pay Lessor e dmumentation ree of $100.00 to %W, 4 cat f * Page 253 of 458 Section 8.04. Adn=. Jn the event, Lessee shWl fail to maintain the fall insurance coverap required by this , gmemera or sliall Ail to keep ft Equipment in good repair and open cond oirg ition, U-ssor may (bu no t shall be under obligation) to purchase the rexfufir,d policies of insumace and pay the prm-dwis on the swne or may r ke such repairs or reps rats as are necessary &nd provide for payment thereof and all amounts so advanced therefor by Lessor shall be repaid W Lessor, together with interest the at the rate specified hereafter. Section 8.05. hfgi isrrrs. Without the prior written CW%ent of the I&ssor, the Lessee shall jint make any material alterations, modifications or attachments to the Equiprwnt AKFICLZ n( DAMAGE, DESTRUCTION AND CONDEMNA71ON; USE OF NXT FROCIMINKIDS Page 254 of 458 Soction 13.01. Ma M. All notices, certificates or other owmanications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by refftterW mail, postage prepaid, to the panics at the addresses set forth on dlt,. first page hereof. Secdon 13.02. Ali dftM_FJICZ TIn's Agmement shall its to the benefit of and shall be binding upati Ussor and Lessee and Page 6 of * Page 255 of 458 EXHIBIT SCHEDULE OF PAYMENTS Pmt Psymmd PrIndpal Total Intemit Principal Purchase Page 256 of 458 RESPONSE PROPOSED ACS JOHN McNALLY PRICING CRAIG RAMOS CHARLES STEVENS TOTAL ADCAP MAX. POINTS - 25 JOHN McNALLY 70.38 CRAIG RAMOS 13.00 CHARLES STEVENS 19.62 13.00 TOTAL AIP US 20.06 JOHN McNALLY 34.59 CRAIG RAMOS CHARLES STEVENS 202.14 TOTAL 20.89 36.49 JOHN McNALLY 23.65 CRAIG RAMOS 32.57 CHARLES STEVENS 23.72 20.89 TOTAL 82.58 JOHN McNALLY CRAIG RAMOS 23.21 CHARLES STEVENS 36.08 80.94 TOTAL 21.65 32.57 JOHN McNALLY 24.04 CRAIG RAMOS 37.70 CHARLES STEVENS TOTAL FORERUNNER 23.85 JOHN McNALLY 36.35 CRAIG RAMOS 24.23 CHARLES STEVENS 33.65 75.05 TOTAL RESPONSE PROPOSED DEMONSTRATION TO PRICING QUESTIONNAIRE MAX. POINTS - 25 MAX. POINTS - 25 MAX. POINTS - 50 70.38 19.81 13.00 37.57 19.62 13.00 31.49 64.11 20.06 13.00 34.59 67.65 202.14 22.95 20.89 36.49 80.33 23.65 20.89 32.57 77.11 23.72 20.89 37.97 82.58 240.02 23.21 21.65 36.08 80.94 23.72 21.65 32.57 77.94 24.04 21.65 37.70 83.39 242.27 23.85 17.17 36.35 77.37 24.23 17.17 33.65 75.05 23.27 17.17 43.24 83.68 236.10 22.82 25.00 35.00 82.82 22.31 25.00 31.35 78.66 23.59 25.00 33.51 82.10 243.58 22.95 19.25 40.14 82.34 22.95 19.25 36.08 78.28 21.15 19.25 41.76 82.16 242.78 22.31 22.15 37.70 82.16 22.69 22.15 35.27 80.11 22.05 22.15 40.95 85.15 247.42 Page 257 of 458 RESPONSE PROPOSED HAYES e- GOVERNMENT JOHN McNALLY TO CRAIG RAMOS CHARLES STEVENS QUESTIONNAIRE TOTAL IT POINTE 22.05 JOHN McNALLY 35.68 CRAIG RAMOS 21.79 CHARLES STEVENS 32.70 69.29 TOTAL 14.80 34.59 JOHN McNALLY CRAIG RAMOS CHARLES STEVENS 23.14 18.66 TOTAL 78.56 23.59 JOHN McNALLY 32.70 CRAIG RAMOS 24.04 CHARLES STEVENS 37.70 80.40 TOTAL JOHN McNALLY 23.21 CRAIG RAMOS 38.78 CHARLES STEVENS 23.53 18.95 TOTAL 75.86 23.72 JOHN McNALLY 38.78 CRAIG RAMOS CHARLES STEVENS 238.25 TOTAL RESPONSE PROPOSED DEMONSTRATION TO PRICING QUESTIONNAIRE 22.05 14.80 35.68 72.53 21.79 14.80 32.70 69.29 21.09 14.80 34.59 70.48 212.30 23.14 18.66 36.76 78.56 23.59 18.66 32.70 74.95 24.04 18.66 37.70 80.40 233.91 23.21 18.95 38.78 80.94 23.53 18.95 33.38 75.86 23.72 18.95 38.78 81.45 238.25 23.21 18.87 38.51 80.59 23.65 18.87 33.11 75.63 23.72 18.87 38.24 80.83 237.05 22.94 20.94 36.35 80.23 22.88 20.94 33.78 77.60 22.82 20.94 43.24 87.00 244.83 22.44 17.00 38.51 77.95 22.69 17.00 34.19 73.88 21.41 17.00 41.08 79.49 231.32 Page 258 of 458 T E I'M 0 L 0 G I E 8 , C f I t .'': t' " } ""' t f S "'A " "' tt'' T PROPOSAL PROPOSAL TO THE MY OF BOYNTON BEACH, FLORIDA Date. - EMMA The urdemoied deckm Mat he has cwekft wamined tim %peefficebm and Is thonsughty wfth its P%;vW4ym and wNh the quaft type and graft of product and sendce ease' . Proposer ogre= W supr4 lht products wd serykes at the Prkes Puposed below in wcaftice with the terms, conddimis, and VocftoWme corAWnW in Mis RFP No. 068-15WI41ANA, If addifional %xice is required, please pruvk* deftled Waffrudixi as an appwtdix to yoLr prWsM, TOTAL MONTHLY LEASE AMOUNT FOR EWYEAR 3; INCLUDING KhthrrEMANCE AND SUPPORT- 1 $6892.32 WN m Affmnt 1 MON ye a9. 6 V 1, %#-- a ;md Suppod for WIP aftgr 7.GB , IN 7. ISWA and "nLeenewe PI%dams may be pun*wsed in 3 or 5 year ins remenh at a reduced rh* hxwn the we yew rair but is shavm here- PROVIDE A PROJECTED TEN YEAR cwr Lv OWNERSHIP EXCLUDING PHONE CIRCUIT Q(ARGIES: _1433,781.00 Forefunnerr ]Lechn !jn9j2fl)es Mark Drpvpr WM DAW uQR7E PRINTED NAMr; L_Z5a-1-56-4-�41 2 3 TELEPHONE NO, SIGNATURE Mark DreVeQv&.br*,,, 0C-CM Sales Account Executive E4MLADDRESS 1ITLE I Al� "'j C)"F""' , 'A ""i"' 1� nn"Iql 1 V % 1 41 x'i' """'r 46 )REIJ) NN �, R f I'' t'4, NOt 0(_1 t E S, Me, �N3 7 D MA PUM'.' h0, Jql 41 M FR'T'Tr�ICXOkq Page 259 of 458 1; Page 260 of 458 Page 261 of 458 BUEOMEMM laTmi Forerunner Technologies wilt provide a systems in accordance with the details set forth an the proposed Contract and Customer eater ations page of this document Forerunner Technologies will ensure that all proposed equipment and software will be installed according to manufacturers documented installation and operational procedures, with man "s most current released versions provided. The project implementation will adhere to industry standards and procedures for proper in Ration, implementation and perfammisce of proposed solution, Appropriate configurations will be provided for support and integration with the existing customer Infrastructure. Formonneffectindogne will not be responsible for costs associated wr custonser's Manufacturer/Vendor Manufacturer/Vendor support required. A successful implementation n for Voice over IP (rolPj and supported desktop applications Is contingent on the performance quality of the Customees network to support the clemands of ice traffic along with those of data requirements. Without a properly configured network, a VoiP implementsdon may not perform properly. Any additional network audit, network assessment, network design, consulting, and/or training services not included in the proposal can be prowded at an additional charge, jiggivandes All expressed warranties shalt be made available to the Customer for goods and services red by this proposal. Alt goods furnished shall be fruity guaranteed against factory d cis and workmanship, Special conditions of the proposal may supersede the manufacturees standard warranty. Forerunner Technologies shall correct any and all apparent and latent diftects that may orcur within the manufacturer's standard warnmor period. Customer is responsible for performing routine maintenance (backups, anti -virus and general routine r administration) consistent with Internal IT procedures gm-WhilarsuremetitEffloss The contract may be modified by mutual consent of duly authorked parties, in wrifing, through the Issuance of a modification to the contrast and/or purchase order, as appropriate. This presumes the modification itself is in compliance with all applicable Forerunner and Customer procedures. ifications may result in changes to the project timeline that are, generally, proportional to the complexity of said modifications. This Statement of work (SC! outlines the hardware/software with responsibilities and deliverables for the services that Forerunner Technologies, INC will perfo for you. The terms and conditions of the landessional Services Agrearmeat apply in full to the services and products provided under this Statement of Work. IN WITNBS WHEREOF, the parties hereto each acting witty proper authority have executed this Statement of Work, under seal. ra print was: Title Date A.WMd So kourveraysda;. , oar. - -- calm Fewariersn o-T tar•srainc ae aaeinace _ [ nm# Page 262 of 458 9.A. PUBLIC HEARING 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 14 -031 - FIRST READING - PUBLIC HEARING - Approve abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north. The subject right -of -way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). Applicant: Dodi Buckmaster Glas of Gentile Glas Halloway O'Mahoney & Associates, Inc., agent for the property owner, K. Hovnanian T & C Homes at Florida, LLC (Tabled to 213115) EXPLANATION OF REQUEST: The subject abandonment request has been concurrently submitted with a New Site Plan Application (NWSP #14 -004) to develop the abutting properties with 80 fee - simple townhouse units (see Exhibit "B" — Proposed Site Plan). The right -of -way proposed to be abandoned is completely surrounded by the proposed development which is currently under a single ownership. The right -of -way is the dead -end portion of Lake Drive that, if abandoned, would be completely incorporated into the proposed site plan. Staff has placed a condition of approval on the project that the applicant be required to complete a Unity of Title to ensure that the property be unified in order to maintain appropriate access to all lots involved. If, for any reason, the property is not developed per the concurrent Site Plan Application than a cross access agreement may be required in order to ensure appropriate access to all properties. The Planning & Development Board reviewed this item on October 28, 2014 and forwards it with a recommendation of denial. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non - budgeted N/A ALTERNATIVES: None recommended. X110:7_ 'l 1*41:02 Will ►F STRATEGIC PLAN APPLICATION: it 9 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: /_11ir_Tel:ILhl=1►k &11 Page 263 of 458 Type Ordinance Staff Report Staff Report Staff Report Staff Report D Conditions of Approval Development Order Letter REVIEWERS: Department Reviewer City Clerk Pyle, ,Judith Action Approved Date 112112015 -4:41 PM Page 264 of 458 1 ORDINANCE NO. 14- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ABANDONMENT OF A FORTY 5 (40) FOOT WIDE RIGHT- OF-WAY KNOWN AS NORTH 6 LAKE DRIVE, MORE PARTICULARLY DESCRIBED 7 HEREIN, SUBJECT TO STAFF COMMENTS; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE A 9 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 10 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 11 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, Dodi Buckmaster Glas of Gentile Glas Holloway O'Mahoney & 16 Associates, Inc., is requesting the City abandon a forty (40) foot wide by 135 foot portion 17 of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls 18 Subdivision to the north, subject to staff comments; and 19 20 WHEREAS, comments have been solicited from the appropriate City 21 Departments, and public hearings have been previously held before the City's Planning & 22 Development Board, and the City Commission on the proposed abandonments; and 23 24 WHEREAS, staff finds that the forty (40) foot wide by 135 foot portion of road no 25 longer serves a public purpose, and the City Commission adopts that finding. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 28 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 30 Section 1. The foregoing Whereas clauses are true and correct and 31 incorporated herein by this reference. 32 33 Section 2. The City Commission of the City of Boynton Beach, Florida, does 34 hereby abandon a forty (40) foot wide by 135 foot portion of North Lake Drive bounded 35 on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north, subject to 36 staff comments. The property being abandoned is more particularly described as follows: 37 38 A PORTION OF LAKE DRIVE, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, 39 AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC RECORDS OF 40 PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS 41 FOLLOWS: 42 43 BEGINNING AT THE SOUTHEAST CORNER OF LOT 20, LAKESIDE GARDENS, ACCORDING 44 TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE 45 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00 0 41'36" EAST, 46 ALONG THE EAST LINE OF LOTS 20 THROUGH 24 OF SAID LAKESIDE GARDENS, A 47 DISTANCE OF 135.00 FEET TO THE SOUTH LINE OF LOT 1, HULL'S SUBDIVISION, C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ C672FEA9- 390D- 412A- 94D1- 4A70F8C7A4EF \Boynton Beach.278.1.Ordinance _North_Lake_Dr_ Abandonment _(Casa_Del_Mar). doc Page 265 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89 0 18'38" EAST, DEPARTING SAID EAST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE WEST LINE OF LOTS 25 THROUGH 30 OF SAID LAKESIDE GARDENS; THENCE SOUTH 00 0 41'36" WEST, DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE OF LOTS 25 THROUGH 30, A DISTANCE OF 135.02 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 20 OF LAKESIDE GARDENS; THENCE NORTH 89 0 16'57" WEST, DEPARTING SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.1240 ACRES OR 5,402 SQUARE FEET, MORE OR LESS. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this day of , 2014. SECOND, FINAL READING AND PASSAGE THIS day of , 2014. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice -Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ C672FEA9- 390D- 412A- 94D1- 4A70F8C7A4EF \Boynton Beach.278.1.Ordinance _North_Lake_Dr_ Abandonment _(Casa_Del_Mar). doc Page 266 of 458 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a forty (40) foot wide by 135 foot portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north, subject to staff comments. The property being abandoned is more particularly described as follows: A PORTION OF LAKE DRIVE, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 20, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00 °41'36" EAST, ALONG THE EAST LINE OF LOTS 20 THROUGH 24 OF SAID LAKESIDE GARDENS, A DISTANCE OF 135.00 FEET TO THE SOUTH LINE OF LOT 1, HULL'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89 °18'38" EAST, DEPARTING SAID EAST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE WEST LINE OF LOTS 25 THROUGH 30 OF SAID LAKESIDE GARDENS; THENCE SOUTH 00 °41'36" WEST, DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE OF LOTS 25 THROUGH 30, A DISTANCE OF 135.02 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 20 OF LAKESIDE GARDENS; THENCE NORTH 89 °16'57" WEST, DEPARTING SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.1240 ACRES OR 5,402 SQUARE FEET, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of 2014. ATTEST: Janet M. Prainito, MMC City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) CITY OF BOYNTON BEACH, FLORIDA Lori LaVerriere, City Manager BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ C672FEA9- 390D- 412A- 94D1- 4A70F8C7A4EF \Boynton Beach.278.1.Ordinance _North_Lake_Dr_ Abandonment _(Casa_Del_Mar). doc Page 267 of 458 officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2014. NOTARY PUBLIC, State of Florida My Commission Expires: C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ C672FEA9- 390D- 412A- 94D1- 4A70F8C7A4EF \Boynton Beach.278.1.Ordinance _North_Lake_Dr_ Abandonment _(Casa_Del_Mar). doc Page 268 of 458 .DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14- 035 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf, Planning and Zoning Director FROM: Amanda B. Parker, Planner II DATE: October 1, 2014 SUBJECT: Abandonment of a portion of North Lake Drive (ABAN 14 -001) NATURE OF REQUEST Dodi Buckmaster Glas of Gentile Glas Halloway O'Mahoney & Associates, Inc., the agent for the property owner, K. Hovnanian T & C Homes at Florida, LLC, is requesting the abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north (see Exhibit "A" — Location Map). The subject right -of -way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). The right -or -way extends in a north -south direction along properties which are owned by the applicant. The following is a description of the zoning districts and land uses of the properties that surround the subject property to be abandoned: North, Existing Land Use: Special High Density Residential (SHDR); and Low Density Residential East & (LDR) West: Proposed Land Use: Special High Density Residential (SHDR) - Maximum 20 dwelling units per acre (du /ac) (see concurrent LUAR 14 -001) Existing Zoning: IPUD (Infill Planned Unit Development) with a Master Plan for a Marina /Yacht Club use; and R -1AA (Single - Family Residential District) Proposed Zoning: Infill Planned Unit Development (IPUD) with a Master Plan for Residential use (see concurrent REZN 14 -005) South: Dimick Road right -of -way and North Lake Drive right -of -way, and farther south several single - family residences on the south side of Dimick Road and on the east side of North Lake Drive that are designated Low Density Residential (LDR) and zoned Single - Family Residential (R -1AA); and Page 269 of 458 Page 2 Memorandum No. PZ 14 -035 ABAN 14 -001 BACKGROUND The subject abandonment request has been concurrently submitted with a New Site Plan Application (NWSP #14 -004) to develop the abutting properties with 80 fee - simple townhouse units (see Exhibit "B" — Proposed Site Plan). The right -of -way proposed to be abandoned is completely surrounded by the proposed development which is currently under a single ownership. The right -of -way is the dead -end portion of Lake Drive that, if abandoned, would be completely incorporated into the proposed site plan. Staff has placed a condition of approval on the project that the applicant be required to complete a Unity of Title to ensure that the property be unified in order to maintain appropriate access to all lots involved. If, for any reason, the property is not developed per the concurrent Site Plan Application than a cross access agreement may be required in order to ensure appropriate access to all properties. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04 -007 and the abandonment request has been advertised in the newspaper. A summary of the responses is as follows: CITY DEPARTMENTS /DIVISIONS Engineering Public Works /Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light AT &T Florida Public Utilities Comcast No objection No objection No objection - No objection - No objection - No objection - No objection RECOMMENDATION Staff has determined that the subject right -of -way no longer serves a public purpose. Based on the above analysis, staff recommends APPROVAL of the applicant's request to abandon this 135 foot portion of Lake Drive. Any conditions recommended by the Planning and Development Board and /or required by the Commission will be placed in Exhibit "D" - Conditions of Approval. S: IPlanningISHAREDIWPIPROJECTSICasa del Mar%Casa Del Mar 20141ABAN 14- 0011ABAN Staff Report.doc Page 270 of 458 Exhibit `A' Location Map: Portion of Lake Drive Page 271 of 458 Exhibit `C' 5' DE c� 24 (ORB 234, PG 456) Lo 25 m ON DIMICK ROAD (4 RIGH T— OF-- WA Y) (PLAT BOOK 8, PA 57) CAUL FIELD & WHEELER, INC. CIVIL ENGINEERING LAND SURVEYING 7900 GLADES ROAD SUITE 100 COCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (560-750-1452 w W- 27 LAKESIDE GARDENS 3: 1 (PB 8, PG 57) 0 0 &* 28 ml URAPHIC SCAIIJ� (IN FEET) C�tjv7r -V CASA DEL MAR RIGHT—OF—WAY A8,21114DONMENT SKETCH O F DES RIPTION I --- 77"7777 =7 IN %Gfillffi M b LAKESIDE GARDENS 22 (PD 8, PG 57) w a M C3 to pn 0 w cz 11 z 21 POB SOUTHEAST CORNER 20 OF LOT 20 OF ---% LAKESIDE GARDENS (PP 8, PG 57) DIMICK ROAD (4 RIGH T— OF-- WA Y) (PLAT BOOK 8, PA 57) CAUL FIELD & WHEELER, INC. CIVIL ENGINEERING LAND SURVEYING 7900 GLADES ROAD SUITE 100 COCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (560-750-1452 w W- 27 LAKESIDE GARDENS 3: 1 (PB 8, PG 57) 0 0 &* 28 ml URAPHIC SCAIIJ� (IN FEET) C�tjv7r -V CASA DEL MAR RIGHT—OF—WAY A8,21114DONMENT SKETCH O F DES RIPTION I --- 77"7777 =7 IN %Gfillffi M EXHIBIT "D" Conditions of Approval Project name: Casa Del Mar File number: ABAN 14 -001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 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 Page 273 of 458 Conditions of Approval Page 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: A Unity of Title for the properties involved is required to be submitted with completed City form at the time of building permit application. The unity of title is required to be recorded prior to the issuance of a building permit for this project. If, for any reason, the property is not developed per the concurrent Site Plan Application than a cross access agreement may be required in order to ensure appropriate access to all properties. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S: \Planning \SHARED \WP \PROJECTS \Casa del Mar \Casa Del Mar 2014WBAN 14 -001 WBAN Conditions.doc Page 274 of 458 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Abandonment of a portion of North Lake Drive (ABAN 14 -001) APPLICANT'S AGENT: Dodi Buckmaster Glas, Gentile Glas Halloway O'Mahoney & Associates, Inc. AGENT'S ADDRESS: 1907 Commerce Lane Suite 101, Jupiter, FL 33458 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18, 2014 & December 2, 2015 TYPE OF RELIEF SOUGHT: Abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north. The subject right -of -way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). LOCATION OF PROPERTY: East of Federal Highway, intersecting to Dimick Road DRAWING(S): SEE EXHIBIT "A" 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 approval 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 S: \Planning \SHARED \WP \PROJECTS \Casa del Mar \Casa Del Mar 2014\ABAN 14 -001 TO 14- 001.doc Page 275 of 458 Landscape r itects Planners Envimnmerdal Consultants GENTILE GLAS HOLLOWAY mi , Inc. November 5, 2014 Mr. Michael Rumpf, Director City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33426 RE: CASA DEL MAR ON THE INTRACOASTAL — POSTPONEMENT REQUEST Dear Mr. Rumpf: spa G. G..1 ;1r FM IA M, Tv y h6l way ASLA C.mcky hs. O'x'1.thm y ASLa Dzwffl BeaArs.0w GUPAiCT Please accept this request on behalf of K. Hovnanian T& C Homes at Florida LLC to postpone the following applications from the November 18r' City Commission Public Hearing to December 2nd 2014: — LUAR 14 -001 — Future Land Use Amendment; — REZN 14 -005 — Rezoning from IPUD and R -lAA to IPUD; ABAN 14 -001 Abandonment of a portion of Lake Drive; — NWSP 14 -003 — Master Plan/Site Plan for 80 fee - simple townhouse units. This will permit time for some additional conversation with the adjacent community. We appreciate staff's assistance and Commission's time in this request. Please advise if you require any fiuther information. Respectfully submitted, Gentile Glas Holloway O'Mahoney & Associates, Inc. Dodi Buckmaster Glas, AICP, LEED ®AP, BD& C Partner, Director of Planning CC: Ed Breeze, Boynton Planning and Zoning Kathleen Zeitler, Boynton Planning and Zoning Derek Fenech, K Hovnanian Michael Caputo, K Hovnanian Stuart Kennedy, K Hovnanian Joe Guttuso, K Hovnanian Florida 0 1907 Commerce Lane, Suite 101 Jupiter, Page 276 of 458 9.B. PUBLIC HEARING 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 14 -032 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar Future Land Use Map amendment (LUAR 14 -001) from Low Density Residential (LDR) to Special High Density Residential (SHDR). Applicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney and Associates, Inc. (Tabled to 213115) EXPLANATION OF REQUEST: The subject amendment is one of the five requests submitted by the developer of the proposed Casa Del Mar multifamily residential project. The amendment includes two properties that have been purchased by the developer to square off the project's southeastern corner and to achieve desired scale and design. The properties require a land use amendment for consistency with the greater part of the property, already classified Special High Density Residential. The greater part of the property was approved for the 82 multifamily unit IPUD in 2006. The approvals were granted at the peak of the housing market boom; the market started to deteriorate soon thereafter, undermining the project's financial feasibility. At the end of 2009, the property owner turned to a non - residential option, and, in January 2010, obtained Master Plan approval for a marina /yacht club. However, the project was never built; the development order remains valid but its administrative extension (granted pursuant to a 2012 state law) expire in June of 2015. The subject amendment and the corresponding rezonings will not be contrary to the established land use pattern. Peninsula, an IPUD project abutting to the north side of the proposed development, has the same future land use classification and zoning, and was approved /built at a density of 20 units per acre (appx. 4 units per acre greater than the subject project). Generally, although the area is predominantly residential, it presents a diverse mix of land use classifications and zoning districts with densities ranging from 5 to 20 units per acre. It also has a significant amount of commercially -zoned land abutting many of the residential neighborhoods along Federal Highway. The proposed amendment and the corresponding rezonings are also consistent with the Comprehensive Plan and with the recommendations of the Federal Corridor Community Redevelopment Plan. Moreover, the project would add for -sale units to the City's new housing stock that has been predominantly rental. The Planning and Development Board recommended denial of the subject request on October 28, 2014. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on City's programs or services. FISCAL IMPACT: This project would generate between $230,000 and $300,000 in annual revenue in ad valorem taxes and from fire assessment. The estimate of total annual fees fees for water, sewer, and stormwater is $28,000. The necessary services can be provided within the existing capacity of the respective city departments: no additional capital outlays or increased staffing would be required. ALTERNATIVES: None recommended STRATEGIC PLAN: �g 0 0 _ ll 1 *4 102:2 W _ 1► I _ 1 » 4 Kill 1101 L A Page 277 of 458 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Letter REVIEWERS: Department Reviewer City Clerk Pyle, Judith Description Ordinance - Approving Casa Del Mar Land Use amendment Staff Report & leap Request to Table Action Approved Date 112112015 -4:41 PM Page 278 of 458 1 ORDINANCE NO. 14- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89 -38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A 6 PARCEL OWNED BY K HOVNANIAN T &C HOMES AT FLORIDA, 7 LLC., AND LOCATED AT 2632 NORTH FEDERAL HIGHWAY, 8 EAST SIDE OF FEDERAL HIGHWAY AND NORTH OF DIMICK 9 ROAD; CHANGING THE LAND USE DESIGNATION FROM LOW 10 DENSITY RESIDENTIAL (LDR) AND ABANDONED 11 UNDESIGNATED PORTION TO SPECIAL HIGH DENSITY 12 RESIDENTIAL (SHDR); PROVIDING FOR CONFLICTS, 13 SEVERABILITY, AND AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 17 pursuant to Ordinance No. 89 -38 and in accordance with the Local Government 18 Comprehensive Planning Act; and 19 WHEREAS, the procedure for amendment of a Future Land Use Element of a 20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 21 WHEREAS, after two (2) public hearings the City Commission acting in its dual 22 capacity as Local Planning Agency and City Commission finds that the amendment 23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 24 the best interest of the inhabitants of said City to amend the aforesaid Element of the 25 Comprehensive Plan as provided. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 2 7 CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 29 herein by this reference. 30 Section 2: Ordinance No. 89 -38 of the City is hereby amended to reflect the C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 7AF13EB3- 9E9E- 42FC- A418- 74CA014F4158 \Boynton Beach. 176.1.Casa del Mar (2014).doc Page 279 of 458 1 following: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 .I That the Future Land Use of the following described land located at 2632 North Federal Highway, east side of Federal Highway and north of Dimick road; changing the land use designation from Low Density Residential (LDR) and abandoned undesignated portion to Special High Density Residential (SHDR). LOTS 25, 26, 27, 28, 29 AND 30, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 8, PAGE 57, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING IN ALL 24,950 SQUARE FEET OR 0.573 ACRES, MORE OR LESS. TOGETHER WITH: A PORTION OF LAKE DRIVE, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 20, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00 °41'36" EAST, ALONG THE EAST LINE OF LOTS 20 THROUGH 24 OF SAID LAKESIDE GARDENS, A DISTANCE OF 135.00 FEET TO THE SOUTH LINE OF LOT 1, HULL'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89 0 18'38" EAST, DEPARTING SAID EAST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE WEST LINE OF LOTS 25 THROUGH 30 OF SAID LAKESIDE GARDENS; THENCE SOUTH 00 0 41'36" WEST, DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE OF LOTS 25 THROUGH 30, A DISTANCE OF 135.02 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 20 OF LAKESIDE GARDENS; THENCE NORTH 89 WEST, DEPARTING SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.1240 ACRES OR 5,402 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS - OF -WAY OF RECORD. Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 7AF13EB3- 9E9E- 42FC- A418- 74CA014F4158 \Boynton Beach. 176.1.Casa del Mar (2014).doc Page 280 of 458 1 Section 5: Should any section or provision of this Ordinance or any portion thereof be 2 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 remainder of this Ordinance. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this day of , 2014. SECOND, FINAL READING and PASSAGE this day of , 2014. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick ATTEST: Janet M. Prainito, MMC, City Clerk (Corporate Seal) C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 7AF13EB3- 9E9E- 42FC- A418- 74CA014F4158 \Boynton Beach. 176.1.Casa del Mar (2014).doc Page 281 of 458 TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Plann4n DATE: September 24, 2014 PROJECT: CASA DEL MAR IPUD LUAR 14-001 REZN 14-005 Npplicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney ant Associates, Inc. Zoning: Special High Density Residential (SHDR) and Low Density Residential (LDR)/ IPUD (Infill Planned Unit Development) with a Master Plan for a marina use and R-1AA (Single-Family Residential District) Proposed Land Use/ Zoning: Special High Density Residential (SHDR)/ IPUD (Infill Planned Unit Development) with a Master Plan for 80 multifamily units Page 282 of 458 Page 2 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 a• e: +/- 4.804 acres rxqe�� North: To the north, townhomes and multifamily project (Peninsul classified Special High Density Residential (SHDR) a zoned Infill Planned Unit Development (IPUD); I East: The Intracoastal Waterway (IC); and I ;YiTsi xcl The proposed rezoning includes two additional parcels, purchased by the new owner to iquare off the project's southeastern boundary, and a northernmost section of North 2 Page 283 of 458 Page 3 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 Lake Drive, which is subject to a concurrent abandonment application. The two parcels require a land use amendment for consistency with the greater part of the property. The request, if granted, would revert the property to its first approved use, a multifamily residential project. The housing market is in recovery; moreover, the applicant proposes a for-sale product, while a majority of the recently approved projects are rental ?.ppartments. b. Consistency, Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed rezoning with a new Master Plan is consistent with the recommendation of the Federal Highway Corridor Community Redevelopment Plan for the area to provide "a strong residential base that is aestethically inviting." It is also consistent with Policy 1.8.2.A of the Comprehensive Plan, pertaining to avoidance of urban sprawl. Policy 1. 11.2 The City shall not approve any increases in hotel/motel and residential densities in the Coastal High-Hazard Area that would Page 284 of 458 Page 4 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 increase evacuation times above the 16 hours level of service out-of-county hurricane evacuation for a category 5 storm event measured • the Saffir-Simpson scale as provided in Secti • 163.3148(9)(a), F. S. E Page 285 of 458 Page 5 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 The main part of the property is subject to the proposed rezoning only, with the desired land use classification of Special High Density Residential on the ground since 2006. At that time, long- term capacity availability for potable water, sewer and solid waste has been verified. The addition of the two small residential parcels with the adjoined section of North Lake Drive will have a negligible impact on capacity availability. Traffic and school concurrency will be reviewed as part of the site plan. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. f Com2aflb The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. (1) The proposed rezoning is generally compatible with the current and future use of adjacent and nearby properties (see response to criterion "c"); moreover, the proposed project's design will be sensitive to the character of the low density residential area on the south side of Dimick Road (see corresponding staff report on the proposed site plan for information on height differentiation and other measures to increase compatibility). Staff foresees no negative impact on property values. (2) The rezoning, increasing the housing choices, is reasonably related to the needs of both the neighborhood and the City as a whole. (See the response to "a"). g. Direct Economic Development Benefits. For rezoning /FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would. Page 286 of 458 Page 6 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 (5) Represent innovative methods /technologies, especially those promoting sustainability, (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. As already noted in this report, the proposed rezoning would revert the property to its Master Plan adopted in 2006 (the additional land subject to the proposed land use amendment constitutes only 13% of the total project area). These requests reflect the ongoing economic recovery and the current market demand, thus meeting criterion "Y, and would result in the enhancement of the City's tax base (criterion "2"). The project would improve and beautify the area, thus contributing to criterion 7". h. Commercial and Industrial Land Supply The review shall consider whether the proposed rezoningIFLUM amendment would reduce the amount of land available for commercial /industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and /or location of the property makes it unsuitable for commercial /industrial development, or (2) The proposed rezoningIFLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezoningIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and /or rezoning. Although the requests do not propose to reclassify or rezone any commercial or industrial lands, the new residential Master Plan replaces a Master Plan for a commercial marina. Marine-oriented and water-dependent uses are the only commercial uses allowed in the Special High Density Residential category, and only in conjunction with the Palm Beach County Manatee Protection Plan. The proposed rezoning does therefore represent a loss of project that could have been a significant asset for the City. Clearly, it has not been supported by the market. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The use is already allowed by the underlying future land use category. Addition of the two parcels and the adjoining section of the North Lake Drive will square off the project's boundary to facilitate its design. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D. 1.e 6 Page 287 of 458 Page 7 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article /// and the site development standards of Chapter 4. The concurrent master plan and site plan shall comply with said requirements. (Se(t corresponding staff reports.) As indicated herein, staff has reviewed the proposed land use amendment and rezoni and determined that it is consistent with the Federal Highway Corridor Communi Redevelopment Plan and the Comprehensive Plan, would add for-sale units to thl City's new housing stock that has been predominantly rental, and would enhance th tax base. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa Del Mar 20141REZN 14-0051Staff Report CDM.doc 7 Page 288 of 458 Lsfl�M ml :4 Page 289 of 458 Landscape r itects Planners Envimnmerdal Consultants GENTILE GLAS HOLLOWAY mi , Inc. November 5, 2014 Mr. Michael Rumpf, Director City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33426 RE: CASA DEL MAR ON THE INTRACOASTAL — POSTPONEMENT REQUEST Dear Mr. Rumpf: spa G. G..1 ;1r FM IA M, Tv y h6l way ASLA C.mcky hs. O'x'1.thm y ASLa Dzwffl BeaArs.0w GUPAiCT Please accept this request on behalf of K. Hovnanian T& C Homes at Florida LLC to postpone the following applications from the November 18r' City Commission Public Hearing to December 2nd 2014: — LUAR 14 -001 — Future Land Use Amendment; — REZN 14 -005 — Rezoning from IPUD and R -lAA to IPUD; ABAN 14 -001 Abandonment of a portion of Lake Drive; — NWSP 14 -003 — Master Plan/Site Plan for 80 fee - simple townhouse units. This will permit time for some additional conversation with the adjacent community. We appreciate staff's assistance and Commission's time in this request. Please advise if you require any fiuther information. Respectfully submitted, Gentile Glas Holloway O'Mahoney & Associates, Inc. Dodi Buckmaster Glas, AICP, LEED ®AP, BD& C Partner, Director of Planning CC: Ed Breeze, Boynton Planning and Zoning Kathleen Zeitler, Boynton Planning and Zoning Derek Fenech, K Hovnanian Michael Caputo, K Hovnanian Stuart Kennedy, K Hovnanian Joe Guttuso, K Hovnanian Florida 0 1907 Commerce Lane, Suite 101 Jupiter, Page 290 of 458 9.C. PUBLIC HEARING 2/3/2015 REQUESTED ACTION BY COMMISSION: Approve a New Master Plan /Site Plan (NWSP 14 -004) to allow construction of 80 fee - simple townhome units (Casa del Mar on the Intracoastal IPUD) at a density of 16.65 dwelling units per acre, a waterfront amenity area, and related site improvements on 4.8 acres located on the east side of Federal Highway, north of Dimick Road and south of the Peninsula IPUD. Agent: Dodi Buckmaster Glas with Gentile Glas Holloway O'Mahoney & Associates, Inc (2GHO) on behalf of Applicant /Owner K. Hovnanian T & C Homes at Florida LLC. (Tabled to 213115) EXPLANATION OF REQUEST: The subject property was recently sold to K. Hovnanian, a residential developer who also purchased two (2) additional single - family residential parcels on North Lake Drive to square off the project's southeastern boundary. Proposed is a new Master Plan /Site Plan (NWSP 14 -004) for 80 fee - simple townhouse units and a waterfront amenity area. The applicant is simultaneously requesting a land use plan amendment (LUAR 14- 001) for the two single - family residential lots from Low Density Residential to Special High Density Residential (SHDR), and rezoning (REZN 14 -005) of the total 4.8 acres from IPUD (Infill Planned Unit Development) with a Master Plan for a Marina/Yacht Club use to IPUD with a Master Plan for a townhome development. The 80 townhouse units are proposed within 15 separate buildings each consisting of four (4) to eight (8) units. All proposed townhouse buildings are 3- stories, with the exception of waterfront buildings No. 5 and No. 6 which are 4- stories (except one 3 -story end unit adjacent to a 2 -story single - family residence at the southeast corner of the project). Recreational amenities include a community swimming pool and cabana located on the Intracoastal Waterway, 300 feet of floating docks with 12 private boat slips (for residents) and two (2) guest boat slips; various usable open space areas on site including an elevated boardwalk approximately 360 feet long above a planted bioswale; and various public artwork locations. The Planning & Development Board considered this request on October 28, 2014 and forwards it with a recommendation of denial. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non - budgeted The project would generate between $230,000 and $300,000 in annual revenues in ad valorem taxes and for fire assessment. The estimate of total annual fees for water, sewer and stormwater is $28,000. The necessary services can be provided with the existing capacity of the respective city departments: no additional capital outlays or increased staffing would be required. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 291 of 458 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum n Addendum n Addendum D Other D Addendum D Addendum D Conditions of Approval D Addendum D Letter REVIEWERS: Department Reviewer City Clerk Pyle, ,Judith Action Approved Date 112112015 -4:41 PM Page 292 of 458 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14 -036 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Kathleen Zeitler Senior Planner DATE: October 20, 2014 PROJECT NAME /NO: Casa del Mar on the Intracoastal / NWSP 14 -004 REQUEST: New Master Plan / Site Plan PROJECT DESCRIPTION Property Owner: K Hovnanian T & C Homes at Florida LLC Applicant: Derek Fenech, Div. President, K Hovnanian T & C Homes at Florida LLC Agent: Dodi Buckmaster Glas with Gentile Glas Holloway O'Mahoney & Associates, Inc (2GHO) Location: 2632 North Federal Highway; 2626 and 2637 North Lake Drive (see Location Map - Exhibit "A ") Existing Land Use: Special High Density Residential (SHDR); and Low Density Residential (LDR) Existing Zoning: IPUD (Infill Planned Unit Development) with a Master Plan for a Marina /Yacht Club use; and R -1AA (Single - Family Residential District) Proposed Land Use: Special High Density Residential (SHDR) - Maximum 20 dwelling units per acre (du /ac) (see concurrent LUAR 14 -001) Proposed Zoning: Infill Planned Unit Development (IPUD) with a Master Plan for Residential use (see concurrent REZN 14 -005) Proposed Use: 80 fee - simple townhouse units (16.65 dwelling units /acre) and waterfront amenity area Acreage: 4.804 acres (209,259 square feet) Page 293 of 458 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 2 Adjacent Uses: North: To the north, property designated Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD), developed with 30 townhomes and 40 condominiums at a density of 19.94 dwelling units per acre (Peninsula on the Intracoastal); South: Dimick Road right -of -way and North Lake Drive right -of -way, and farther south several single - family residences on the south side of Dimick Road and on the east side of North Lake Drive that are designated Low Density Residential (LDR) and zoned Single - Family Residential (R -1AA); and East: The Intracoastal Waterway (ICWW) to the east; and, West: Right -of -way for Federal Highway, and farther west across Federal Highway, the Crossings PUD designated High Density Residential (HDR) and zoned Planned Unit Development (PUD); and to the southwest at the intersection with Federal Highway, is a commercial building designated Local Retail Commercial (LRC) and zoned Community Commercial (C -3). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04 -007 and Ordinance 05 -004. Site: The subject property is located on the Intracoastal Waterway (ICWW) on the east side of North Federal Highway, north of Dimick Road near the northern city limits. It is prime undeveloped land located within the Community Redevelopment Agency (CRA) district and part of Study Area I of the Federal Highway Corridor Redevelopment Plan. The 4.8 acre property has approximately 160 feet of frontage on North Federal Highway and approximately 465 feet of frontage on Dimick Road. The subject property was last used years ago as a plant nursery (Lancore). This property is located in FEMA Flood Zone A7 and the existing ground elevation varies from four (4) to eight (8) feet. Finished floor elevation for the project is 7.5 NAVD, exceeding the peak stage of 6.1 NAVD designed for 100 -year storms. The proposed plans indicate an existing FDOT drainage easement 15 feet wide is located in the middle of the subject property extending from Federal Highway to the Intracoastal Waterway, and will be replaced with a new drainage easement 20 feet wide. An existing utility easement 10 feet wide extending south from the Peninsula project will be replaced with a utility easement 12 feet wide. Existing trees on the subject property will be removed for construction. Additional trees equal in caliper inches to those removed will be required to be planted on site as mitigation trees (see Exhibit "C" — Conditions of Approval). The waterfront includes a seawall, mangroves, and a submerged land lease area. Any alteration of existing mangroves is subject to permits from Florida Department of Environmental Protection (FDEP) and US Army Corps of Engineers (ACOE). Page 294 of 458 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 3 BACKGROUND In 2006, 4.1 acres of the subject property was approved fora multi - family residential IPUD known as Casa del Mar, consisting of 42 fee - simple townhouse units, 40 condominium units (20 du /ac), and a waterfront amenity area. Shortly thereafter, the economic downturn greatly diminished the ability to obtain funding for the project. By 2010, the property owner proposed a commercial marina with wet slips and dry storage and the subject property was approved for Casa del Mar Yacht Club consisting of 320 dry slips and 35 wet slips and over 75,000 square feet of commercial building area. The subject property was recently sold to K. Hovnanian, a residential developer who also purchased two (2) additional single - family residential parcels on North Lake Drive to square off the project's southeastern boundary. This northern terminus of North Lake Drive (a 40- foot public- right -of -way), approximately 130 feet in length, is proposed to be abandoned as part of the development plan (see concurrent ABAN 14 -001). A Unity of Title is required prior to construction of the project (see Exhibit "C" — Conditions of Approval). Proposal: The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the Infill Planned Unit Development (IPUD) district. If the project is to be constructed in one (1) phase, a site plan may take the place of the master plan. The agent, on behalf of the applicant, is proposing a new Master Plan /Site Plan (NWSP 14 -004) for 80 fee - simple townhouse units and a waterfront amenity area. The applicant is simultaneously requesting a land use plan amendment (LUAR 14 -001) for the two single - family residential lots from Low Density Residential to Special High Density Residential (SHDR) and rezoning (REZN 14 -005) of the total acreage from Infill Planned Unit Development (I PUD) with a Master Plan for a Marina /Yacht Club use to IPUD with a Master Plan for a Residential use. The subject property is located within Study Area I of the Federal Highway Corridor Redevelopment Plan and, as such, would be eligible for the Special High Density Residential (SHDR) land use classification, which allows a maximum of 20 dwelling units per acre (du /ac). Under the SHDR category, the allowable project density (20 du /ac) based on the acreage of the subject property, would be a maximum of 96 dwelling units. The proposed Site Plan of 80 fee - simple townhouse units on 4.804 acres has a lesser density of 16.65 dwelling units per acre. Fee - simple townhouses are permitted uses in the IPUD zoning district. The Infill Planned Unit Development (IPUD) district standards and regulations were created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. Recreational amenities for the proposed residential development would include a community swimming pool and one -story cabana located on the Intracoastal Waterway, 300 feet of floating docks with 12 private boat slips (for residents) and two (2) public boat slips; various usable open space areas on site including an elevated boardwalk approximately 360 feet long above a planted bioswale; and various public artwork locations. Approval of the proposed Master Plan /Site Plan is contingent upon the approval of the other concurrent requests for a land use amendment (LUAR 14 -001), rezoning (REZN 14- 005), and abandonment (ABAN 14 -001). Page 295 of 458 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 4 Concurrency: ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Engineering Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division determined that the proposed redevelopment project is located within the County- designated Coastal Residential Exception Area, and therefore meets the Traffic Performance Standards. The project would have 560 new daily trips, with 43 AM peak hour trips and 50 PM peak hour trips. No building permits for the project are to be issued by the City after the project's build -out date of end of year 2018. School: The applicant has obtained school concurrency approval from the School District of Palm Beach County confirming that the project complies with the adopted Level of Service (LOS) for Schools, and that adequate capacity exists to accommodate student residents of the proposed 80 dwelling units. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending upon the final project configuration and fire -flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the projected total subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police /Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit. Access: The proposed townhome development would be gated for privacy. One (1) main point of ingress /egress via a right -in, right -out driveway connection to Federal Highway is proposed. The entry plan (sheet H -1) shows two (2) lanes for ingress into the subject property, and one (1) egress lane to exit, separated by a densely landscaped median 15 feet wide and approximately 65 feet long. The left ingress lane includes a call box for visitors to gain entry through the gates, and the right ingress lane serves as a bypass lane for residents. A sufficient queuing area is provided from the access at Federal Highway to the call box, allowing for the stacking of several vehicles on site. Between the median and the wall fountain that aligns with the entry gates is a wide turn - around area for drivers that do not enter the development. The plans also show a 15 -foot wide emergency egress point from a southern extension of the private loop street within the proposed development onto North Lake Drive near the southeast corner of the site. This stabilized sod access route would be locked and gated and used for emergency purposes, only if the main entrance is obstructed. Page 296 of 458 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 5 Circulation: The two -way streets internal to the development will be privately -owned streets to be maintained by the Homeowner's Association and provide primary vehicular circulation internal to the development. The internal circulation streets form a loop with garage access for the townhouse residents opening onto these private streets. Pedestrian circulation is separated from the roadways, reducing potential conflicts with vehicular circulation. Sidewalks provide pedestrian connectivity throughout the site. Four (4) foot wide sidewalks meander through the development and provide pedestrian access to amenities such as the art walls, fountain, community pool, cabana, mail kiosk, and planted bioswale. The sidewalks lead to the right -of -way of Federal Highway and the floating docks on the ICWW. To engage the street, residents of Buildings 8 - 10 would have use of walkways and gates at the rear of their units for pedestrian access to Dimick Road. An existing platted four (4)- foot public access easement to the south of the proposed development will remain open to the public for access to the ICWW. Parking: Two (2) parking spaces are required for each of dwelling unit, and each of the 80 townhouse units will have a two -car garage that will count as the required parking spaces. Guest parking at the minimum rate of 0.15 space per unit is also required. Based on the number of units, 12 guest parking spaces are required for the amenity area, and a total of 12 visitor spaces are proposed, including one (1) handicap space. A total of 172 parking spaces are required, and a total of 172 spaces are provided on site. To minimize the chance of a parking deficiency and problem, staff has asked that the Homeowner's Association does include a requirement for garages to be used for parking purposes and not for storage (see Exhibit "C" — Conditions of Approval). The 90- degree parking stalls, excluding the handicap space, would be dimensioned nine (9) feet in width and 18 feet in length. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided on site to clearly delineate areas on site and direction of circulation. Buildings: The 80 townhouse units are proposed within 15 separate buildings of various sizes ranging from 10,816 square feet to 21,552 square feet, with each building consisting of four (4) to eight (8) units. All proposed townhouse buildings are 3- stories, with the exception of waterfront buildings 5 and 6 which are 4- stories (except one 3 -story end unit adjacent to a 2 -story single - family residence). Each 3 -story building includes units with 3 bedrooms, 2.5 to 3 bathrooms, and a 2 car garage. Each 4 -story building includes units with 3 to 4 bedrooms, 3.5 — 4 bathrooms, and a 2 car garage. All units also include a covered entry, covered patio, and covered balconies. The floor plans propose several townhouse models of various sizes as follows: Three Story Air - Conditioned Area Total Unit Area Unit "A"& "Al" 2,276 square feet 3,068 square feet Unit "Al End" 2,316 square feet 3,115 square feet Four Story Air - Conditioned Area Total Unit Area Unit "A"& "Al" 2,852 square feet 4,069 square feet Unit "Al End" 2,896 square feet 4,124 square feet Page 297 of 458 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 6 No individual swimming pools or screened enclosures of patios or balconies are proposed (or allowed) and would be noted as such on final plans and within the Home Owners Association documents (see Exhibit "C" — Conditions of Approval). Residents of each townhouse unit would receive their mail at a mailbox kiosk located at the east side of townhouse building 11 where parking spaces are available nearby. Areas for bulk -trash pickup, trash - compactor, and collection of recyclables are proposed. The HOA shall coordinate pre - scheduled pick -up times with the City. Setbacks: The IPUD zoning district has no specific minimum building setback requirements, except that "perimeter setbacks shall mirror setbacks of adjacent zoning districts but with a minimum of the setback required for a single - family residence, as determined by the orientation of structures in the IPUD ". The proposed perimeter setbacks are consistent with other similar developments along the Federal Highway Corridor. A 19 foot building setback is provided from Federal Highway and 18 foot setback from Dimick Road. A 10 foot side setback is provided along the north property line adjacent to the Peninsula project. A 12 to 18 foot side setback is also provided for buildings adjacent to an abutting single - family residence on Lake Drive. These building setbacks have been provided for compatibility purposes, as this project represents a transition from the detached single - family residences to the south. Setbacks around the perimeter of the development are intended to accommodate privacy fencing, landscape buffers, as well as to provide some common area for the enjoyment of the respective residents. Height: The IPUD zoning district allows buildings to reach a maximum height of 45 feet. The building elevations indicate the townhouse buildings would be three (3) to four (4) stories in height, with a maximum building height of 44 feet 11- inches measured from finished grade to the mean height of the highest pitched roof. All proposed buildings would be 3 -story, with the exception of waterfront Buildings 5 and 6. Initially, Buildings 5, 6, 8, and 9 were proposed at 4 stories and at a height of 48.5 feet with a height exception request. Staff worked with the applicant to reduce the heights of Buildings 8 and 9 from 4- stories to 3- stories to be more compatible with the single - family residential across Dimick Road. In addition, Building 6, which is 4 -story, now has a 3 -story end unit proposed near the south property line to be more compatible with the adjacent 2 -story residence on Lake Drive. All proposed buildings comply with the height requirements of the Land Development Regulations. Design: The proposed buildings have a timeless upscale architectural style that incorporates elements of classical Old Florida architecture as well as current architectural design elements. The mix of traditional Mizner with Key West design elements include Old World stucco finish, arched windows, coral stone, double pitched roofs to break up the linear massing, and flat concrete tile roofs to resemble Old Florida slate roofs. Horizontal and vertical articulation is maximized by varying roof lines and building off -sets. Decorative features will include Key West style shutters and awnings; cast stone sills and pilasters; wood brackets, headers, and outriggers; aluminum balcony railings with piers; dark wood Clopay exterior doors and garage doors; windows and sliding glass doors with bronze frames; and sconce lighting. A total of three (3) similar color schemes are proposed throughout the development. The project proposes a total of 15 townhouse buildings, with colors consisting of the following Sherwin Williams paints: Page 298 of 458 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 7 Color Scheme #1 Buildings: 1, 5, 7, 10, 12, 14 Color Scheme #2 Color Scheme #3 Body: Whitetail (7103) (Cream) 3, 6, 9, 11, 15 Ivoire (6127) (Light Beige) 2, 4, 8, 13 Whitetail (7103) (Cream) Trim: Polished Mahogany Polished Mahogany Polished Mahogany (2838) (Dark Brown) (2838) (Dark Brown) (2838) (Dark Brown) Doors /Garage: Walnut Finish Walnut Finish Walnut Finish Shutters/ Black Magic (6991) Black Magic (6991) Black Magic (6991) Awnings/ (Black) (Black) (Black) Railings: Stone: Fossil Reef European Castle European Castle (Beige Pink) (Gray) (Golden Blend) Roof Tile: Ponderosa Belair Belair (Sierra Madre) (Light Gray) (Dark Charcoal) The applicant has worked with staff to reduce potential impacts (density, intensity, massing) of the development on the adjacent single - family residential development to the south. On sheet A -4.0 the rear elevations of Buildings 8 -10 (which are visible from Dimick Road) and the rear elevations of Buildings 1 -3 (which are visible from Federal Highway and the adjacent Peninsula IPUD) have been revised to appear more like the front building elevations with arched windows, and a variety of similar decorative features. Amenities: The IPUD zoning district requires a minimum of 200 square feet per dwelling unit to be provided for usable open space areas. The site plan indicates a total of 16,000 square feet (80 x 200) is required, and 19,754 square feet (or approximately 247 square feet per dwelling unit) of usable passive and active open space is provided. Proposed open space areas would include a central boardwalk (7,748 square feet), a waterfront pool and cabana and Intracoastal shoreline area (9,315 square feet), and floating docks (2,691 square feet). The recreation amenity area would include a community swimming pool, cabana with restrooms and water fountains, a shaded BBQ area, open space areas, and floating docks for use by residents and their guests. The one -story cabana building of approximately 200 square feet is designed to match the architecture and building materials of the townhouse buildings. The proposed community pool would front the Intracoastal Waterway and have a decorative paver deck around it as well as large planter areas. The five (5) foot safety fencing around the pool is consistent with the aluminum rail picket fencing proposed throughout the project. A new seawall is proposed in addition to docks on the Intracoastal consisting of 12 private boat slips and 2 public slips. Staff has proposed a condition of approval restricting the Homeowner's Association from leasing the two (2) public slips and reserving the 12 boat slips for use by residents only (see Exhibit "C" — Conditions of Approval). An elevated wooden boardwalk over a planted bioswale leading to the pool amenity area and several public art locations are also proposed. Staff recommends additional benches in passive open space areas of the development, especially near the public artwork and ICWW. Page 299 of 458 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 8 Landscape: Site plan tabular data indicates the pervious areas would total 25% of the entire site or a total of 1.19 acres of the subject property would be landscaped open space and buffers. The landscape plan provides a complimentary mix of canopy trees and palms with perimeter buffers, landscape islands in parking areas, and foundation plantings around the townhouse buildings. All trees would be the required minimum of four (4) caliper inches at time of planting. However, trees proposed around the foundation of the townhouse buildings would be installed at one -half the height of the building per the Land Development Regulations. All areas located outside the individual fee - simple townhouse lots (building footprint only) would be under the control of the Homeowners' Association to ensure proper maintenance of the common landscaped areas. Proposed plant material is limited by the landscape code to native and drought tolerant species with low to medium water needs (waterwise Florida - friendly plants). Tree species would include the following: Gumbo Limbo, Sea Grape, Pigeon Plum, Orange Geiger, South Florida Slash Pine, and Crepe Myrtle. Palm species would include the Green Malayan Coconut, Alexander Palms and Sabal Palms. The landscape plans indicate compliance with the required minimum buffers around the perimeter of the site. The right -of -way landscaping along Federal Highway would be 15 feet wide and contain 8 trees (6 required) with three (3) layers of colorful shrubs, and a combination six (6) foot wall and decorative fence. A five (5) foot buffer is proposed along the north property line adjacent to the Peninsula IPUD and would contain a total of 39 trees (24 required) with a six (6) foot hedge in addition to the existing six (6) foot buffer wall. A five (5) foot buffer is also proposed adjacent to the existing commercial buildings at the corner of Federal Highway and Dimick Road and would contain 20 trees (12 required), a six (6) foot hedge, and a 6 foot aluminum picket fence. The south buffer adjacent to Dimick Road would be a Type II Urban Buffer 15 feet wide and would contain 35 trees (24 required), and a six (6) foot screen provided by a 3.5 foot wall and three (3) foot hedge. The south buffer adjacent to a single - family house would be an Urban Landscape Barrier 12 feet wide and would contain 35 trees, two (2) rows of shrubs 8 to 10 feet in height, in addition to the existing six (6) foot wall. A separate plan for the entry includes a variety of landscaping such as Live Oak, Medjool Palms, and Bottle Palms. The landscape plans also include typical foundation planting details (Townhouse Types "A" — "I ") that correspond with each building depending on number of units. The bioswale area under the elevated boardwalk would include Softrush, Lizard's Tail, and Blue Flag Iris. The code limits the use of sod to larger open spaces for passive or active recreation purposes, as well as swales, water detention and retention areas, in an effort to reduce water consumption. Staff has recommended a condition of approval requiring substitution of hardy groundcover and shrubs to replace small sod area except for recreational areas (see Exhibit "C" — Conditions of Approval). All proposed above - ground mechanical equipment such as exterior utility boxes, meters, transformers, and back -flow preventers would be visually screened with minimum three (3) -foot high hedges. Lighting: The photometric plans (sheet PH 1 -4) propose two (2) types of freestanding lighting fixtures, as well as bollards and step lighting. The freestanding pole fixtures would be 16 feet in height and would be located throughout the development at the entry drive, in parking areas, and around the amenity area. Other smaller freestanding fixtures would Page 300 of 458 Staff Report — Casa del Mar (NWSP 14 -004) Memorandum No PZ 14 -036 Page 9 light walkways, common areas and landscaped areas throughout the development. All proposed lighting will be required to be shielded to direct light down and away from adjacent properties and rights -of -way (see Exhibit "C" — Conditions of Approval). Signage: The entry plan (sheet H -2) proposes one (1) project entrance sign designed as a wave with ocean blue glass mosaic tiles and fountains. The monument sign would be located in a landscaped median separating the traffic at the entrance drive. The sign elevation indicates that the sign face area is 20 square feet which complies with the maximum sign face area of 32 square feet allowed. However, the monument sign is limited to a maximum height of five (5) feet and restricted in a residential zoning to external illumination only. Staff recommends as a condition of approval that the sign be revised to comply with the height and illumination restrictions of the sign regulations (see Exhibit "C" — Conditions of Approval). Art: An open space is proposed to exhibit public art along sidewalks near the gated entrance to the project in compliance with the City's requirement for developments to provide public art work. Several art walls are proposed in addition to a wall fountain and ornamental gates near a usable open space area with sidewalks and benches that would be visible from Federal Highway. A potential second location for public art is proposed along the Intracoastal Waterway near a usable open space area with sidewalks leading to the docks. The selected artwork will enhance the ambiance of the proposed development as well as providing an inviting entrance into the City. Ultimate review and approval of the artist and artwork is still pending by the Arts Commission. SUMMARY: The subject property is located within the Community Redevelopment Agency (CRA) district and part of Planning Area I of the Federal Highway Corridor Redevelopment Plan. Planning Area I has the role of being the northern entrance into the City and providing an aesthetically inviting appearance. Goals of the redevelopment plan for this area include: (1) providing a variety of housing; (2) protection of community character; (3) providing an enhanced visual appearance; and (4) requiring compatibility between uses. The Master /Site plan proposes many design standards that comply with the CRA goals for Planning Area I of the Federal Highway Corridor Redevelopment Plan. The proposed project also complies with the IPUD regulations and exceeds the basic development standards for conventional residential zoning districts in terms of site design, building architecture, amenities, and landscape design. The IPUD zoning district regulations state the following: "It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture, construction materials, amenities, and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are expressed in the proposed development plan." RECOMMENDATION Staff has reviewed this request for New Master Plan /Site Plan and is recommending APPROVAL of the plans presented. If this request is approved, it is contingent upon the approval of the request for land use amendment (LUAR 14 -001), request for rezoning (REZN 14 -005), and request for abandonment (ABAN 14 -001), and subject to satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. Page 301 of 458 EXHIBIT "A" CASA DEL MAR SITE LOCATION MAP Page 302 of 458 Site Building Calm Building 5 Cales. Building 6 Calcs. Buildings 2 & 14 Cales. Bldgs. 1,3,8, 10 & 15 Calcs. Il the ve —,]„ ;PUP m y SF Bldgs. 4,7,9,11,12 & 13 Cales. Site Data Notes: 6s9 ��9m�aF s,m SUBMERGED LAND LEASEAREA SUBMERGED LINO LEASEAREA e IntracoasEa waterway Matehline Inset Intracoastal waterway - mI Gentile Glas Holloway O Mahoney 0 q � s O F � x zz QJ � S W `p' W w � z w O o F z ru o z v o w � F r v r7 V Town ouse [eight and Setback a Typ_Unit Detail i =20'0" Location Map — S. ° T.H. UNIT J ars � ©mmo Fnel Master ....... .�., Detail Plan /Bete Plan Com actor and Recycle Bm Enclosure v•s. Bulk Trash Note ASP -1 CASA DEL MAR: TOWNHOMES 3 STORY BUILDING SEPTEMBER 22ND, 2014 YRA DESIGN, INC. 0 0 0 � �� _ � �� 0 0 0 ak 19k Ilk m 11, E m i 1 - III ILEME-1h. -u- U-m- BUILDING 3 - THREE STORY, 6 UNITS Page 304 of 458 i i z I °wu I J �I T I n I CODE INFORMATION WWI YRA D ESIGN NC. a Page 305 of 458 GENERAL NOTE e 4 Th, P -,,uh IPUD I StIBA GEC L VP L7A5EAREA E8 z z - w E i r _ - e e o' PLAN ... zza L c 9Q22014 U ____ sc — -� ..- NOKTM S IT E P L AN A - 1 Page 305 of 458 o o 0 0 o 'A DES GN NC. a On UNITA -1 END UNITA UNITA1 UNITA1 UNITA UNITA -1 END OVERALL GROUND FLOOR PLAN BUILDING 3 - 3 STORY, 6 UNITS Page 306 of 458 — /- _ I I L PLAN KL I \L 10/7/14 -nwm fu Covered Patio - Cover. - Covered Patio -� Covered Patio win 0 Ilrmnr I ® i.mm�- cv 0 ® Ilrmnr nwn - nmin 0 ® nmin- - ry - 0 n. wmn - mrmn — - 0 eu nmi- nr • - IIII F 0 FE UNITA -1 END UNITA UNITA1 UNITA1 UNITA UNITA -1 END OVERALL GROUND FLOOR PLAN BUILDING 3 - 3 STORY, 6 UNITS Page 306 of 458 — /- _ I I L PLAN KL I \L 10/7/14 D o o o 0 0 0 o a UNITA -1 END UNITA UNITA -1 UNITA -1 UNITA UNITA -1 END OVERALL 2ND FLOOR PLAN BUILDING 3 - 3 STORY, 6 UNITS z _ i I I L PLAN KL I \L 10/7/14 Mi Page 307 of 458 Covered Deck Covered Deck Covered Deck Covered Deck Covered Deck Covered Deck Great Room LI LI Dining 0 P,vd Ki . Great Room LI ❑ �I Kitchen -- Pwd� Dining L Great Room LI FI Dining 0 Kitchen Pwd. -- - - - - -- -- - - - - -- IJ Great Room J Dining 0 Kitchen d IJ Great Room I� ❑ Kitchen . ° J d IJ Great Room rM IJ Dining L Kitchen �V d. UNITA -1 END UNITA UNITA -1 UNITA -1 UNITA UNITA -1 END OVERALL 2ND FLOOR PLAN BUILDING 3 - 3 STORY, 6 UNITS z _ i I I L PLAN KL I \L 10/7/14 Mi Page 307 of 458 o o o 0 0 0 o UNITA -1 END UNITA UNITA -1 UNITA -1 UNITA UNITA -1 END OVERALL 3RD FLOOR PLAN -1E : 1i11' - 1 -o z PLAN KL I \L 0/7/14 BUILDING 3 - 3 STORY, 6 UNITS Page 308 of 458 III 1 . ®� 1:. �.® I III I I �© I" ❑�� ®� UNITA -1 END UNITA UNITA -1 UNITA -1 UNITA UNITA -1 END OVERALL 3RD FLOOR PLAN -1E : 1i11' - 1 -o z PLAN KL I \L 0/7/14 BUILDING 3 - 3 STORY, 6 UNITS Page 308 of 458 ALTERNATIVE BATHROOM _ WITH SHOWER ONLY SCALE -; -o. Bath 0 (D Rm OPTIONAL DUMBWAITER SECOND FLOOR SCALE - , - UNIT Al SECOND FLOOR SCALE : Va' -1 -o o 0 o 0 = =j M UNIT A I AREA CALCS Stogy. UNIT Al FIRST FLOOR SA' LE t/4 "— I —o Page 309 of 458 0 OPTIONAL DUMBWAITER Fl RST FLOOR �� /a - o UNIT Al THIRD FLOOR SALE: 1/1' -1 -o ALTERNATIVE BATHROOM rr WITH SHOWER ONLY :GIf : v4' =, -o Bath OPTIONAL DUMBWAITER SECOND FLOOR "SEE „4' -1 -o OPTIONAL SINGLE Covere Deck ., - - - - -- Great LP Room Dining Room UNIT Al END SECOND FLOOR SCALE 114 =I -o o 0 o 0 NMI 0 o UNIT A I END AREA C ALCS. OPTIONAL DUMBWAITER FIRST FLOOR mAL E 14" - 1 -o UNITAIEND FIRST FLOOR SCALE : va- = r -o' Page 310 of 458 UNITA1 ENDTHIRD FLOOR SGUf : va r -o. rr} ALTERNATIVE BATHROOM WITH SHOWER ONLY Bath o (Di Master Suite 4 - >. Bedroom #2 Bedroom #3 UNITA THIRD FLOOR swe : Va' _ " -o OPTIONAL DUMBWAITER SECOND FLOOR mA« -, -A OPTIONAL SINGLE SLIDING GLASS DOOR Ec /+ o 9 o 0 o 0 NMI 0 o UNIT A AREA CALLS. OPTIONAL DUMBWAITER FIRST FLOOR /a -,_ Page 311 of 458 UNITA FIRST FLOOR SCALE : Va' _ 1 -o UNITA SECOND FLOOR SCALE Va = i —o WWI YRA DESIGN I NC a 6 3 KEYED ELEVATION NOrE5 ft n i i j - I I L PLAN KL I \L 10/7/14 Page 312 of 458 UNIT A-1 END UNIT UNIT A-1 UNIT A-1 UNITA UNIT A-1 END FRONT ELEVATION:SIX UNITS 5/:e = i- UNITA -1 END UNIT UNIT A-1 UNIT A-1 UNIT REAR ELEVATION'. SIX UNITS -LE : 3/1e" - i - WWI YRA D ESIGN I NC a s s KEYED ELEVATION NOrE5 xM= o o� n z poi RCVIM 10/62014 Page 313 of 458 UNIT A-1 END UNIT UNIT A-1 UNIT A-1 UNITA UNIT A-1 END FRONT ELEVATION:SIX UNITS 5/:e = i- UNITA -1 END UNIT UNIT A-1 UNIT A-1 UNIT REAR ELEVATION'. SIX UNITS SouF : 3/1e" - i -o Page 314 of 458 !1 LEFT SIDE SCALE ails = r -oS ELEVATION: i -_ i _ - I'LiN KL I \L - - - - - -- 1 - -- — 1017114 v RIGHT SIDE SCALE 3/ ELEVATION: A -4.1 BUILDING 3 - 3 STORY, 6 UNITS Page 314 of 458 Ell woo0 BRAa;ET w00D BRACKET 2 a BRACKET 47 OUTRIGGER DE L PIER 2 s WOOD BRACKET I na ; PIER I ,.0 UMN Page 315 of 458 EROKT P �� ORCH BRACKET TOP OF CONCRETE BEAM BEARING LEGEND RAKEO ELE' -E -E -FFIT ROOF PLAN BUILDING 3 - 3 STORY, 6 UNITS Page 316 of 458 slow ME MINI ME Ell ' 1 ��`!11®` ul �� 1 1 1 , 11 1 0 ROOF PLAN BUILDING 3 - 3 STORY, 6 UNITS Page 316 of 458 CASA DEL MAR: TOWNHOMES 4 STORY BUILDINGS #5 + #6 OCTOBER 7TH, 2014 INDEX TO DPNAWINGS ARCHITECTUP.AL T -I COVERAGE - GO\- IN�IJN11— , KA'I 11 O \lEFCALL SECOND ITOO—AN - - D, +E J1 THI FLOOR PIT 11 .4 O\+E —L roil NI 'I F� P NS 51 JILD NG = E LNIT 4. `I JCR FII IN-5 A. 4 r FLOOR - - ND LNIT V'il � 2111415 A 2.2 P.Z3 JND LNIT A! 4TI FLOOR A -' 4 N MR L 4', MR KA15 /. 2.:; LNIT 4 r FLOOR A 3 I_NII4. `.L`Cl' 'k FLAN L NIT 4. 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OVERALL GROUND FLOOR PLAN scar : 3 /6' - 1 -o A -1.1 BUILDING 5 AND 6 - FOUR STORY, 5 UNITS u w LL •E- 0 o �m 0 UNIT A-1 END ,1TE PLAN R6UBNIITAL 10/72014 OVERALL GROUND FLOOR PLAN scar : 3 /6' - 1 -o A -1.1 BUILDING 5 AND 6 - FOUR STORY, 5 UNITS Garage •E- UNIT A-1 END OVERALL GROUND FLOOR PLAN scar : 3 /6' - 1 -o A -1.1 BUILDING 5 AND 6 - FOUR STORY, 5 UNITS 5 C— (M� UNIT A END UNIT A UNIT A UNIT A UNIT A END OVERALL 2ND FLOOR PLAN SCALE : 3/16L - 1 _o. BUILDING 5 AND 6 - FOUR STORY, 5 UNITS o 2 5E lo PI AN RESMBEMIT AIL 10/7/2014 u - - - - - - - - - - - - - Covered Deck Covered Deck - - - - - - - - - - - - - - - Covered Covered Deck Covered Deck - - - - - - - - C C De - - - - - - - - - - - - - - Covered Deck -------- -------- Great R LI El' ............ 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L, I 4�; n mdscape Requirements: Plant List Gentile Glas Holloway O'Mahoney , The Venlnsula IVVD a a SUBMERGED s LANG LEASEAREA rd' v nsn :ro Rk; V � „maw oaU LL zz w REFER TO SHEETS FLP -2, FLP -3, FLP -4 AND FLP -5 FOR TYPICAL BUILDING 11,1��L -1A „L P. — x LANDSCAPE PLANS �ci W QJ CJ 61 -- vsJ r Ftna . �� r Landscape Plan z O F The Venlnsula IVVD a a SUBMERGED s LANG LEASEAREA v LL 11,1��L -1A „L �ci - - - - 61 -- vsJ r Ftna . �� Landscape Plan Notes: EXHIBIT "C" Conditions of Approval Project Name: Casa del Mar on the Intracoastal File number: NWSP 14 -004 Reference: 3rd review plans identified as a Master Plan / New Site Plan with an October 7, 2014 Planning and Zoning Department date stamp marking DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Relocation of drainage outfall for Federal Highway and construction of improvements for boardwalk is contingent on FDOT approval. 2. The proposed design for the onsite water mains and fire lines is congested and future maintenance will be very difficult. Reduce the amount of water main piping onsite and ensure that all City owned utilities are located with open easements with easy access for maintenance. 3. Reconfigure water main layout onsite and replace existing 4" water main along Dimick Road with new 8" C -900 PVC water main. Connect to existing 8" water main at Federal Highway and loop onsite water main to the new main. Provide a stub for future connection south on Lake Drive. 4. The stormwater design along Dimick Road and the outfall details shall be worked out during final design. 5. At time of permitting, revise landscape plan to indicate the total diameter inches of existing trees on the site proposed to be preserved in place, relocated, or removed and replaced [diameter inches] on site. The replacement trees shall be shown by a separate symbol on the formal landscape plan sheet. (Environmental Protection, Chapter 4, Article I, Section 3.C.1 -6). FIRE Comments: 6. At time of permitting, revise plans to include the following: (1) fire flow for each building in accordance with the 2009 edition of NFPA 1 Chapter 18, Table 18.4.5.1.2.; (2) the number of hydrants, location, and distribution in accordance with Annex 1, Table 1.3, and 1.3 of the 2009 Edition of NFPA 1; and (3) an additional fire hydrant located midway on the north side of the project. Page 335 of 458 Casa del Mar (NWSP 14 -004) Conditions of Approval Paae 2 of 4 DEPARTMENTS INCLUDE REJECT 7. Prior to permitting, a flow test shall be scheduled with the Boynton Beach Fire Rescue Department (561- 742 - 6600). The flow test will be compared to the required fire flow. Keep in mind that automatic fire sprinkler systems will reduce fire flow in accordance with the 2009 edition of NFPA 1 18.4.5 fire flow requirements for buildings. 8. At time of permitting, revise site plan and civil plans to indicate all underground fire sprinkler piping sizes and dimensions including backflows and FDC(s). POLICE Comments: None. BUILDING DIVISION Comments: None (all previous comments have been addressed). RECREATION & PARKS Comments: 9. The project involves six (6) 4 -unit buildings for a total of 24 dwellings. The impact fee for buildings containing 2 -4 units is $678 per dwelling x 24 dwellings = $16,272. The project also involves nine (9) buildings containing 5 or more units, for a total of 56 dwellings. The impact fee for buildings containing 5 or more units is $595 per dwelling x 56 dwellings = $33,320. The total impact fee for this project is $49,592 ($16,272 + $33,320). PLANNING AND ZONING Comments: 10. Approval of this project is contingent upon the approval of the accompanying requests for land use amendment (LUAR 14 -001), rezoning (REZN 14 -005), and abandonment (ABAN 14 -001). 11. At time of permitting, include plan revisions on all applicable plan sheets so plans are consistent and match. 12. A Unity of Title for the subject property is required to be submitted with completed City form at the time of building permit application. The Unity of Title is required to be recorded prior to the issuance of a building permit for this project. Page 336 of 458 Casa del Mar (NWSP 14 -004) Conditions of Approval Paae 3 of 4 DEPARTMENTS INCLUDE REJECT 13. All 12 private boat slips shall be restricted for the use of only Casa del Mar residents, and the 2 public boat slips shall be for daily turn -over only, not to be leased. The Casa del Mar Homeowner's Association shall incorporate these boat slip restrictions into their bylaws. 14. Two (2) parking spaces are required for each townhouse unit, and a 2 -car garage is provided for each unit. To ensure sufficient parking remains, each garage shall be used only for parking, not storage or other purposes. The Casa del Mar Homeowner's Associations shall incorporate this restriction into their bylaws. 15. At time of permitting, revise plans to include a detail of the proposed gate for emergency access. The gate, as viewed from Dimick Road shall be decorative and opaque since this area in front of it will not be landscaped. 16. At time of permitting, revise plans to include a detail of decorative wall along Dimick Road, including columns with caps, rail on top, total height, and proposed materials, finish and colors. 17. The Casa del Mar Homeowner's Association shall include a deed restriction requiring that any marina or dockage built will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. 18. At time of permitting, revise landscape plan to eliminate any small sod areas to reduce irrigation demand. Substitute hardy groundcovers and shrubs in place of the sod, except where used for play areas or otherwise where residents have access for recreational purposes. Label these areas and update plant list accordingly. 19. At time of permitting, revise landscape plan plant lists to include the following requirements: a minimum of 4 -inch tree caliper for all required trees (except for signature trees); a minimum of 6 different canopy tree species; clusters of 3 Sabal Palms count as one (1) canopy tree; shrubs to be a minimum of 24" in height and spread. 20. At time of permitting, revise landscape plan to include square footage and percent of site that is pervious and impervious. 21. An irrigation plan is required to be submitted and approved prior to the issuance of a permit for this project. 22. At time of permitting, revise landscape plan to indicate locations of all freestanding light poles consistent with locations on photometric plan, and ensure that poles are not located too close to landscaping when it becomes mature. Page 337 of 458 Casa del Mar (NWSP 14 -004) Conditions of Approval Paae 4 of 4 DEPARTMENTS INCLUDE REJECT 23. The monument sign proposed in the entrance median is subject to Engineering review and approval for safe sight distance. The sign is limited by the Land Development Regulations to a maximum height of five (5) feet with a maximum of 32 square feet of sign face area, and a minimum setback of ten (10) feet from any property line. 24. At time of permitting, revise plans to provide benches in passive open space /recreation areas, and near the public artwork and waterfront. 25. The Casa del Mar Homeowner's Association shall schedule and coordinate bulk trash pickup times with the City's Sanitation Department, and incorporate this information into their bylaws. COMMUNITY REDEVELOPMENT AGENCY Comments: None (Previous comments have been addressed). PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S: \Planning \SHARED \WP \PROJECTS \Casa del Mar \Casa del Mar 2014 \NWSP 14- 004 \Post P &D Conditions of Approval.doc Page 338 of 458 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar on the Intracoastal (NWSP 14 -004) AGENT: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney & Associates AGENT'S ADDRESS: 1907 Commerce Lane, Suite 101, Jupiter, FL 33458 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2014 APPROVAL SOUGHT: New Master Plan /New Site Plan to construct 80 townhomes and related site improvements on 4.8 acres zoned IPUD LOCATION OF PROPERTY: 2632 N Federal Highway, 2626 and 2637 N Lake Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval 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 approval 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 approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. 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 \Casa del Mar \Casa del Mar 2014 \NWSP 14- 004 \DO.doc Page 339 of 458 Landscape r itects Planners Envimnmerdal Consultants GENTILE GLAS HOLLOWAY mi , Inc. November 5, 2014 Mr. Michael Rumpf, Director City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33426 RE: CASA DEL MAR ON THE INTRACOASTAL — POSTPONEMENT REQUEST Dear Mr. Rumpf: spa G. G..1 ;1r FM IA M, Tv y h6l way ASLA C.mcky hs. O'x'1.thm y ASLa Dzwffl BeaArs.0w GUPAiCT Please accept this request on behalf of K. Hovnanian T& C Homes at Florida LLC to postpone the following applications from the November 18r' City Commission Public Hearing to December 2nd 2014: — LUAR 14 -001 — Future Land Use Amendment; — REZN 14 -005 — Rezoning from IPUD and R -lAA to IPUD; ABAN 14 -001 Abandonment of a portion of Lake Drive; — NWSP 14 -003 — Master Plan/Site Plan for 80 fee - simple townhouse units. This will permit time for some additional conversation with the adjacent community. We appreciate staff's assistance and Commission's time in this request. Please advise if you require any fiuther information. Respectfully submitted, Gentile Glas Holloway O'Mahoney & Associates, Inc. Dodi Buckmaster Glas, AICP, LEED ®AP, BD& C Partner, Director of Planning CC: Ed Breeze, Boynton Planning and Zoning Kathleen Zeitler, Boynton Planning and Zoning Derek Fenech, K Hovnanian Michael Caputo, K Hovnanian Stuart Kennedy, K Hovnanian Joe Guttuso, K Hovnanian Florida 0 1907 Commerce Lane, Suite 101 Jupiter, Page 340 of 458 9.D. PUBLIC HEARING 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 14 -033 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (LUAR 14 -001) from R -1 -AA (Single - Family Residential District to an IPUD (Infill Planned Unit Development) with a Master Plan for a townhouse development. (Tabled to 213115) EXPLANATION OF REQUEST: The subject rezoning is one of the five requests submitted by the developer of the proposed Casa Del Mar townhouse project. The rezoning includes two properties that have been purchased by the developer to square off the project's southeastern boundary and to achieve desired scale and design. The properties require rezoning for consistency with the greater part of the property, for which an IPUD zoning is also requested. The greater part of the property was approved for the 82 multifamily unit IPUD in 2006. The approvals were granted at the peak of the housing market boom; the market started to deteriorate soon thereafter, undermining the project financial feasibility. At the end of 2009, the property owner turned to a non - residential option, and, in January 2010, obtained a Master Plan approval for a marina /yacht club. However, the project was never built; the development order remains valid but its administrative extension (granted pursuant to a 2012 state law) expires in June of 2015. The subject rezoning will not be contrary to the established land use pattern. Generally, although the area is predominantly residential, it presents a diverse mix of land use classifications and zoning districts with densities ranging from 5 to 20 units per acre. The area also has a significant amount of commercially -zoned land. The proposed rezoning (in conjunction with the remaining requests) is also consistent with the Comprehensive Plan and with the recommendations of the Federal Corridor Community Redevelopment Plan. Moreover, the project would add for -sale units to the City's new housing stock that has been predominantly rental. The Planning and Development Board recommended denial of the subject request on October 28, 2015 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on City's programs or services. FISCAL IMPACT: The project would generate between $230,000 and $300,000 in annual revenues in ad valorem taxes and for fire assessment. The estimate of total annual fees for water, sewer and stormwater is $28,000. The necessary services can be provided with the existing capacity of the respective city departments: no additional capital outlays or increased staffing would be required. ALTERNATIVES: No alternatives recommended �11 0:7_ll 1X4[02 Will ►F �g 0 0 _ ll 1 *4 102:2 W _ 1► I _ 1 » 4 Kill 1101 L A CLIMATE ACTION: Page 341 of 458 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Letter REVIEWERS: Department Reviewer City Clerk Pyle, Judith Description Ordinance approving Casa Del liar Rezoning R1AA to IPUD Staff Report and leap Request to Table Action Approved Date 112112015 -4:41 PM Page 342 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ORDINANCE NO. 14- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF DODI BUCKMASTER GLASS, AMENDING THE OFFICIAL ZONING MAP TO REZONE A PARCEL OF LAND LOCATED AT 2632 NORTH FEDERAL HIGHWAY, EAST OF FEDERAL HIGHWAY AND NORTH OF DIMICK ROAD AS MORE FULLY DESCRIBED HEREIN, FROM SINGLE - FAMILY RESIDENTIAL DISTRICT (R1AA) AND ABANDONED UNDESIGNATED PORTION TO INFILL PLANNED UNIT DEVELOPMENT (IPUD) WITH A MASTER PLAN FOR 80 MULTIFAMILY UNITS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02 -013, in which a Revised Zoning Map was adopted for said City; 17 and 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, K. Hovnanian T &C Homes at Florida, LLC., has filed a petition to rezoning a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City's Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 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 incorporated C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 543D62C9- 53A0- 4CCC- A355- FB212976D6B1 \Boynton Beach. 177.1. Rezoning -_Casa del Mar R1AA - IPUD_(2014 Hovnanian).doc Page 343 of 458 1 herein by this reference. 2 Section 2. The following described land located at 2632 North Federal Highway 3 is hereby rezoned from Single - Family Residential District (RIAA) and abandoned 4 undesignated portion to Infill Planned Unit Development (IPUD) with a Master Plan for 80 5 multifamily units: 6 LOTS 25, 26, 27, 28, 29 AND 30, LAKESIDE GARDENS, ACCORDING TO THE PLAT 7 THEREOF, RECORDED IN PLAT BOOK 8, PAGE 57, OF THE PUBLIC RECORDS OF PALM 8 BEACH COUNTY, FLORIDA. 9 10 CONTAINING IN ALL 24,950 SQUARE FEET OR 0.573 ACRES, MORE OR LESS. 11 12 TOGETHER WITH: 13 14 A PORTION OF LAKE DRIVE, LAKESIDE GARDENS, ACCORDING TO THE PLAT 15 THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC 16 RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 17 DESCRIBED AS FOLLOWS: 18 19 BEGINNING AT THE SOUTHEAST CORNER OF LOT 20, LAKESIDE GARDENS, 20 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS 21 RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 22 NORTH 00 0 41'36" EAST, ALONG THE EAST LINE OF LOTS 20 THROUGH 24 OF SAID 23 LAKESIDE GARDENS, A DISTANCE OF 135.00 FEET TO THE SOUTH LINE OF LOT 1, 24 HULL'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 25 BOOK 2, PAGE 17, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, 26 FLORIDA; THENCE SOUTH 89 0 18'38" EAST, DEPARTING SAID EAST LINE AND ALONG 27 SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE WEST LINE OF LOTS 25 28 THROUGH 30 OF SAID LAKESIDE GARDENS; THENCE SOUTH 00 0 41'36" WEST, 29 DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE OF LOTS 25 THROUGH 30, 30 A DISTANCE OF 135.02 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF 31 SAID LOT 20 OF LAKESIDE GARDENS; THENCE NORTH 89 0 16'57" WEST, DEPARTING 32 SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE 33 POINT OF BEGINNING. 34 35 CONTAINING 0.1240 ACRES OR 5,402 SQUARE FEET, MORE OR LESS. 36 37 SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND 38 RIGHTS -OF -WAY OF RECORD. 39 40 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 41 reference. C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 543D62C9- 53A0- 4CCC- A355- FB212976D6B1 \Boynton Beach. 177.1. Rezoning -_Casa del Mar R1AA - IPUD_(2014 Hovnanian).doc Page 344 of 458 1 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. 2 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 3 repealed. 4 Section 5. Should any section or provision of this Ordinance or any portion thereof be 5 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 6 remainder of this Ordinance. 7 Section 6. This ordinance shall become effective immediately upon passage. 8 FIRST READING this day of , 2014. 9 SECOND, FINAL READING and PASSAGE this day of , 2014. 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: 26 27 28 29 Janet M. Prainito, MMC, 30 City Clerk 31 32 33 34 (Corporate Seal) Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 543D62C9- 53A0- 4CCC- A355- FB212976D6B1 \Boynton Beach. 177.1. Rezoning -_Casa del Mar R1AA - IPUD_(2014 Hovnanian).doc Page 345 of 458 1 4 , il I . I . TO: Chair and Members Planning and Development Boal THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: September 24, 2014 PROJECT: CASA DEL MAR IPUD LUAR 14-001 REZN 14-005 Applicant: Dod! Buckmaster Glas, Gentile Glas Holloway O'Mahoney awt Associates, Inc. 7-193mmy Koning: Special High Density Residential (SHDR) and Low Density Residential (LDR)/ IPUD (Infill Planned Unit Development) with a Master Plan for a marina use and R-1AA (Single-Family Residential District) Proposed Land Use/ Zoning: Special High Density Residential (SHDR)/ IPUD (Infill Planned Unit Development) with a Master Plan for 80 multifamily units Page 346 of 458 Page 2 "asa Del Mar IPUD ' UAR 14-001 14-005 Acreage: +/- 4.804 acres KXI= �= North: To the north, townhomes and multifamily project (Peninsula), classified Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD); East: The Intracoastal Waterway (ICWW); and �- 0 K I tz�l Im I 11�z PJ Lei L4814HP-1011 III 2 Page 347 of 458 Page 3 Casa Del Mar IPUID LUAR 14-001 REZN 14-005 kf 14 Tzx*1UT;1C4WoT;Tm1 M99i - i s i The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed In the Land Development Regulations, Chapter 2, Article 11, Section 2.13 and Section 2.1. .3: a. Demonstration of Need A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The request, if granted, would revert the property to its first approved use, a multifami 'I residential project. The housing market is in recovery; moreover, the applicant propos a for-sale product, while a majority of the recently approved projects are rent appartments. I b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Policy 1.11.2 The City shall not approve any increases in hotel/motel and residential densities in the Coastal High-Hazard Area that would Page 348 of 458 Page 4 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 increase evacuation times above the 16 hours level of service for out-of-county hurricane eva ' cuation for a category 5 storm event as measured on the Saffir-Simpson scale as provided in Section 0 Page 349 of 458 Page 5 Case Del Mar IPUD LUAR 14-001 REZN 14-005 classification of Special High Density Residential on the ground since' 2006. At that time, Ion term capacity availability for potable water, sewer and solid waste has been verified. T - .1 , w 2ddition of the two small residential parcels with the adjoined section of North Lake Drive w have a negligible impact on capacity availability. i 9M. UPF 01111790,7941117*04 1 Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. f. CoTRatibffl The application shall consider the following Wtors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. Page 350 of 458 P3ge 6 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 (5) Represent innovative methods/technologies, especially those promoting sustainability, (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning /FLU M amendment would reduce the amount of land available for commerciallindustrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and /or location of the property makes it unsuitable for commercial /industrial development; or (2) The proposed rezoninglFLUM amendment provides substantiated evidence of satisfying at least four • the Direct Economic Development Benefits listed in subparagraph "g" above, and FIAN FrivinjiFIFFIF 77 Urs, 01111VIng SIZU unu I'dildilurt Mn Ulu purentlat OT extsung iancl use designation andlor rezoning. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The use is already allowed by the underlying future land use category. Addition of the two parcels and the adjoining section of the North Lake Drive will square off the project's boundary to facilitate its design. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.1 .I.e R Page 351 of 458 Page 7 Casa Del Mar IPUID LUAR 14-001 'N 14-005 177NIVI.-I&IORMAk �W The concurrent master plan and site plan shall comply with said requirements. (Seev corresponding staff reports.) I:7 ja-91 ETA I Lyj I :I z 117_1 it] '9 1 0 41 0 0 S:\PlanningXSHARED\WP\PROJECTS\Casa del MaACasa Del Mar 2014\REZN 14-005\Staff Report CDM.doc 7 Page 352 of 458 Page 353 of 458 Landscape r itects Planners Envimnmerdal Consultants GENTILE GLAS HOLLOWAY mi , Inc. November 5, 2014 Mr. Michael Rumpf, Director City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33426 RE: CASA DEL MAR ON THE INTRACOASTAL — POSTPONEMENT REQUEST Dear Mr. Rumpf: spa G. G..1 ;1r FM IA M, Tv y h6l way ASLA C.mcky hs. O'x'1.thm y ASLa Dzwffl BeaArs.0w GUPAiCT Please accept this request on behalf of K. Hovnanian T& C Homes at Florida LLC to postpone the following applications from the November 18r' City Commission Public Hearing to December 2nd 2014: — LUAR 14 -001 — Future Land Use Amendment; — REZN 14 -005 — Rezoning from IPUD and R -lAA to IPUD; ABAN 14 -001 Abandonment of a portion of Lake Drive; — NWSP 14 -003 — Master Plan/Site Plan for 80 fee - simple townhouse units. This will permit time for some additional conversation with the adjacent community. We appreciate staff's assistance and Commission's time in this request. Please advise if you require any fiuther information. Respectfully submitted, Gentile Glas Holloway O'Mahoney & Associates, Inc. Dodi Buckmaster Glas, AICP, LEED ®AP, BD& C Partner, Director of Planning CC: Ed Breeze, Boynton Planning and Zoning Kathleen Zeitler, Boynton Planning and Zoning Derek Fenech, K Hovnanian Michael Caputo, K Hovnanian Stuart Kennedy, K Hovnanian Joe Guttuso, K Hovnanian Florida 0 1907 Commerce Lane, Suite 101 Jupiter, Page 354 of 458 9.E. PUBLIC HEARING 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 14 -034 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (REZN 14 -005) from an IPUD (Infill Planned Unit Development) with a Master Plan for a marina use to an IPUD with a Master Plan for a townhouse development. (Tabled to 213115) EXPLANATION OF REQUEST: The subject rezoning is one of the five requests submitted by the developer of the proposed Casa Del Mar townhome project. The property was approved for the 82 multifamily unit IPUD in 2006. The approvals were granted at the peak of the housing market boom; the market started to deteriorate soon thereafter, undermining the project's financial feasibility. At the end of 2009, the property owner turned to a non - residential option, and, in January 2010, obtained an approval for a Master Plan for marina /yacht club. However, the project was never built; the development order remains valid but its administrative extension (granted pursuant to a 2012 state law) will expire in June of 2015. The subject rezoning will not be contrary to the established land use pattern. Peninsula, an IPUD project abutting to the north side of the proposed development, has the same future land use classification and zoning, and was approved /built at a density of 20 units per acre (appx. 4 units per acre greater than the subject project). Generally, although the area is predominantly residential, it presents a diverse mix of land use classifications and zoning districts with densities ranging from 5 to 20 units per acre. It also has a significant amount of commercially -zoned land abutting many of the residential neighborhoods along Federal Highway. The proposed rezoning is also consistent with the Comprehensive Plan and with the recommendations of the Federal Corridor Community Redevelopment Plan. Moreover, the project would add for -sale units to the City's new housing stock that has been predominantly rental. The Planning and Development Board recommended denial of the subject request on October 28, 2014. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on City's programs or services FISCAL IMPACT: The project would generate between $230,000 and $300,000 of annual revenues in ad valorem taxes and fire assessment. The estimate of total annual fees for water, sewer and stormwater is $28,000. The necessary services can be provided within the existing capacity of the respective city departments; no additional capital outlays or increased staffing would be required. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 355 of 458 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance Staff Report Letter REVIEWERS: Department City Clerk Reviewer Pyle, ,Judith Description Ordinance approving Casa Del Isar Rezoning IPUD to IPUD Staff Report & Map Request to Table Action Approved Date 112112015 -4:41 PM Page 356 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ORDINANCE NO. 14- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF DODI BUCKMASTER GLASS, AMENDING THE OFFICIAL ZONING MAP TO REZONE A PARCEL OF LAND LOCATED AT 2632 NORTH FEDERAL HIGHWAY, EAST OF FEDERAL HIGHWAY AND NORTH OF DIMICK ROAD AS MORE FULLY DESCRIBED HEREIN, FROM INFILL PLANNED UNIT DEVELOPMENT (IPUD) WITH THE MASTER PLAN FOR A MARINA USE TO INFILL PLANNED UNIT DEVELOPMENT (IPUD) WITH A MASTER PLAN FOR 80 MULTIFAMILY UNITS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02 -013, in which a Revised Zoning Map was adopted for said City; 17 and 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, K. Hovnanian T &C Homes at Florida, LLC., has filed a petition to rezoning a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City's Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 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 incorporated C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \1DAC7D80- CD37 -4D5E- 9770- 8AC2D2986FC4 \Boynton Beach. 179.1. Rezoning -_Casa del Mar IPUD_ - IPUD (2014 Hovnanian).doc Page 357 of 458 1 herein by this reference. 2 Section 2. The following described land located at 2632 North Federal Highway 3 is hereby rezoned from Infill Planned Unit Development (IPUD) with the Master Plan for a 4 marina use to Infill Planned Unit Development (IPUD) with a Master Plan for 80 multifamily 5 units: 6 LOTS 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, LAKESIDE GARDENS, 7 ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF 8 CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT 9 BOOK 8, PAGE 57, 10 11 AND 12 13 LOT 1, HULL'S SUBDIVISION, LESS THE WEST 94 FEET FOR ROAD RIGHT -OF -WAY OF 14 STATE ROAD 5, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE 15 CLERK OF CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED 16 IN PLAT BOOK 2, PAGE 17. 17 18 CONTAINING 203,857 SQUARE FEET OR 4.680 ACRES, MORE OR LESS. 19 20 SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND 21 RIGHTS -OF -WAY OF RECORD. 22 23 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 24 reference. 25 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. 26 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 27 repealed. 28 Section 5. Should any section or provision of this Ordinance or any portion thereof be 29 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 30 remainder of this Ordinance. 31 Section 6. This ordinance shall become effective immediately upon passage. 32 FIRST READING this day of , 2014. C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \1DAC7D80- CD37 -4D5E- 9770- 8AC2D2986FC4 \Boynton Beach. 179.1. Rezoning -_Casa del Mar IPUD_- IPUD (2014 Hovnanian).doc Page 358 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 SECOND, FINAL READING and PASSAGE this day of , 2014. ATTEST: Janet M. Prainito, MMC, City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \1DAC7D80- CD37 -4D5E- 9770- 8AC2D2986FC4 \Boynton Beach. 179.1. Rezoning -_Casa del Mar IPUD_- IPUD (2014 Hovnanian).doc Page 359 of 458 TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Plann4n DATE: September 24, 2014 PROJECT: CASA DEL MAR IPUD LUAR 14-001 REZN 14-005 Npplicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney ant Associates, Inc. Zoning: Special High Density Residential (SHDR) and Low Density Residential (LDR)/ IPUD (Infill Planned Unit Development) with a Master Plan for a marina use and R-1AA (Single-Family Residential District) Proposed Land Use/ Zoning: Special High Density Residential (SHDR)/ IPUD (Infill Planned Unit Development) with a Master Plan for 80 multifamily units Page 360 of 458 Page 2 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 a• e: +/- 4.804 acres rxqe�� North: To the north, townhomes and multifamily project (Peninsul classified Special High Density Residential (SHDR) a zoned Infill Planned Unit Development (IPUD); I East: The Intracoastal Waterway (IC); and I ;YiTsi xcl The proposed rezoning includes two additional parcels, purchased by the new owner to iquare off the project's southeastern boundary, and a northernmost section of North 2 Page 361 of 458 Page 3 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 Lake Drive, which is subject to a concurrent abandonment application. The two parcels require a land use amendment for consistency with the greater part of the property. The request, if granted, would revert the property to its first approved use, a multifamily residential project. The housing market is in recovery; moreover, the applicant proposes a for-sale product, while a majority of the recently approved projects are rental ?.ppartments. b. Consistency, Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed rezoning with a new Master Plan is consistent with the recommendation of the Federal Highway Corridor Community Redevelopment Plan for the area to provide "a strong residential base that is aestethically inviting." It is also consistent with Policy 1.8.2.A of the Comprehensive Plan, pertaining to avoidance of urban sprawl. Policy 1. 11.2 The City shall not approve any increases in hotel/motel and residential densities in the Coastal High-Hazard Area that would Page 362 of 458 Page 4 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 increase evacuation times above the 16 hours level of service out-of-county hurricane evacuation for a category 5 storm event measured • the Saffir-Simpson scale as provided in Secti • 163.3148(9)(a), F. S. E Page 363 of 458 Page 5 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 The main part of the property is subject to the proposed rezoning only, with the desired land use classification of Special High Density Residential on the ground since 2006. At that time, long- term capacity availability for potable water, sewer and solid waste has been verified. The addition of the two small residential parcels with the adjoined section of North Lake Drive will have a negligible impact on capacity availability. Traffic and school concurrency will be reviewed as part of the site plan. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. f Com2aflb The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. (1) The proposed rezoning is generally compatible with the current and future use of adjacent and nearby properties (see response to criterion "c"); moreover, the proposed project's design will be sensitive to the character of the low density residential area on the south side of Dimick Road (see corresponding staff report on the proposed site plan for information on height differentiation and other measures to increase compatibility). Staff foresees no negative impact on property values. (2) The rezoning, increasing the housing choices, is reasonably related to the needs of both the neighborhood and the City as a whole. (See the response to "a"). g. Direct Economic Development Benefits. For rezoning /FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would. Page 364 of 458 Page 6 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 (5) Represent innovative methods /technologies, especially those promoting sustainability, (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. As already noted in this report, the proposed rezoning would revert the property to its Master Plan adopted in 2006 (the additional land subject to the proposed land use amendment constitutes only 13% of the total project area). These requests reflect the ongoing economic recovery and the current market demand, thus meeting criterion "Y, and would result in the enhancement of the City's tax base (criterion "2"). The project would improve and beautify the area, thus contributing to criterion 7". h. Commercial and Industrial Land Supply The review shall consider whether the proposed rezoningIFLUM amendment would reduce the amount of land available for commercial /industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and /or location of the property makes it unsuitable for commercial /industrial development, or (2) The proposed rezoningIFLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezoningIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and /or rezoning. Although the requests do not propose to reclassify or rezone any commercial or industrial lands, the new residential Master Plan replaces a Master Plan for a commercial marina. Marine-oriented and water-dependent uses are the only commercial uses allowed in the Special High Density Residential category, and only in conjunction with the Palm Beach County Manatee Protection Plan. The proposed rezoning does therefore represent a loss of project that could have been a significant asset for the City. Clearly, it has not been supported by the market. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The use is already allowed by the underlying future land use category. Addition of the two parcels and the adjoining section of the North Lake Drive will square off the project's boundary to facilitate its design. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D. 1.e 6 Page 365 of 458 Page 7 Casa Del Mar IPUD LUAR 14-001 REZN 14-005 above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article /// and the site development standards of Chapter 4. The concurrent master plan and site plan shall comply with said requirements. (Se(t corresponding staff reports.) As indicated herein, staff has reviewed the proposed land use amendment and rezoni and determined that it is consistent with the Federal Highway Corridor Communi Redevelopment Plan and the Comprehensive Plan, would add for-sale units to thl City's new housing stock that has been predominantly rental, and would enhance th tax base. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa Del Mar 20141REZN 14-0051Staff Report CDM.doc 7 Page 366 of 458 Lsfl�M ml :4 Page 367 of 458 Landscape r itects Planners Envimnmerdal Consultants GENTILE GLAS HOLLOWAY mi , Inc. November 5, 2014 Mr. Michael Rumpf, Director City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33426 RE: CASA DEL MAR ON THE INTRACOASTAL — POSTPONEMENT REQUEST Dear Mr. Rumpf: spa G. G..1 ;1r FM IA M, Tv y h6l way ASLA C.mcky hs. O'x'1.thm y ASLa Dzwffl BeaArs.0w GUPAiCT Please accept this request on behalf of K. Hovnanian T& C Homes at Florida LLC to postpone the following applications from the November 18r' City Commission Public Hearing to December 2nd 2014: — LUAR 14 -001 — Future Land Use Amendment; — REZN 14 -005 — Rezoning from IPUD and R -lAA to IPUD; ABAN 14 -001 Abandonment of a portion of Lake Drive; — NWSP 14 -003 — Master Plan/Site Plan for 80 fee - simple townhouse units. This will permit time for some additional conversation with the adjacent community. We appreciate staff's assistance and Commission's time in this request. Please advise if you require any fiuther information. Respectfully submitted, Gentile Glas Holloway O'Mahoney & Associates, Inc. Dodi Buckmaster Glas, AICP, LEED ®AP, BD& C Partner, Director of Planning CC: Ed Breeze, Boynton Planning and Zoning Kathleen Zeitler, Boynton Planning and Zoning Derek Fenech, K Hovnanian Michael Caputo, K Hovnanian Stuart Kennedy, K Hovnanian Joe Guttuso, K Hovnanian Florida 0 1907 Commerce Lane, Suite 101 Jupiter, Page 368 of 458 9.F. PUBLIC HEARING 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15- 002 - FIRST READING - Approve amendments to the Land Development Regulations, including amendments to the Definitions, Zoning Use Matrix, and corresponding Use Matrix Notes to establish a new use titled Medical Care or Testing (In- Patient) to allow medical uses that provide 24 -hour services or treatment. EXPLANATION OF REQUEST: The City's Zoning Regulations accommodate uses that provide medical testing and treatment in the following three general categories; 1) hospitals; 2) medical offices; and 3) imaging, testing and support services. Of the three uses, the only one where in- patient medical care is permitted is hospitals. Hospitals, in summary, are institutional uses providing comprehensive medical treatment and care. Although nursing and convalescent homes provide basic, 24 -hour medical care, they are currently labeled a Type 3 Group Home in the City's LDR and function more as permanent or long -term housing for residents /patients rather than a medical service. Until recently there has not been a demonstrated demand in the City for medical services that provide 24 -hour care to patients. However, in response to the recent demand for services that provide 24 -hour care, treatment and /or testing pertaining to sleep apnea, eating disorders, labor and delivery, hospice care, and substance abuse, staff has analyzed the zoning regulations and proposes amendments to address this deficiency by accommodating these uses as well as other excluded businesses that similarly provide overnight medical care and treatment. Most significant to this analysis is that Hospitals are limited to the Public Usage (PU) Zoning District. The PU Zoning District is a unique district defined to "apply to those areas within the city whose ownership and /or operation is public, or whose use is primarily institutionally - oriented. When we think of "institutional" uses, we typically consider those uses that are public or public /private in nature and that engage in public service such as schools, places of worship, lodges and charitable organizations, government- operated facilities, and hospitals. However, given the number and variety of possible medical uses that similarly provide services around - the - clock, and the unique and limited locations of the PU Zoning District, other appropriate zoning districts should be considered that match the type of intensity and locational requirements of these medical uses. The proposed amendments to the zoning regulations are intended to ensure that the City's zoning regulations are defensible, by not unjustifiably zoning out certain uses, and more importantly, maintaining compliance with the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). In general, both acts prohibit discrimination against the "handicapped" or "disabled ". Of course the FHA emphasizes the access to housing, and the ADA targets access to services, programs, or activities of a public entity. Most relevant to this code review and analysis are the following points: • The application or coverage of the ADA and FHA was expanded so that "physical or mental impairment" includes alcoholism and drug addiction, and expanded to also apply to those businesses providing related services and treatments; • Zoning is an activity specifically referenced in the Technical Assistance Manual for the ADA in discussing this function and its importance to be monitored for compliance with the ADA and FHA; • Zoning that does not regulate equitably those uses with like characteristics and purposes, which affect handicapped individuals, could raise concerns under the ADA and FHA; and • When zoning fails to allow the integration of handicapped individuals into society, such as a when zoning narrowly classifies drug and alcohol treatment facilities as "institutional" while simultaneously excluding them from districts that allow related or similar medical businesses and services, such zoning could impede the integration expectation of the ADA and FHA. Page 369 of 458 Therefore, staff proposes the subject code amendments that have identified several uses currently excluded from the zoning regulations that provide 24 -hour patient care and treatment. The proposed changes also provide the necessary definition for said uses; identify the zoning districts appropriate for such intense medical uses; and include additional location standards and operational requirements to ensure land use compatibility and adherence to proper review processes. The proposed new use was originally recommended by staff to be added to the matrix, as a permitted use in the C -3 (Community Commercial), PCD (Planned Commercial Development) and PU (Public Usage) Zoning Districts. The C -3 Zoning District is the most intensive commercial district in the City's Zoning Regulations based on typical project size (i.e. land area and square footage) and customer traffic, and is intended to accommodate large commercial centers located with direct access from arterial roadways. Distances to residential areas are typically greatest, and design and buffering requirements are intended to match the scale of the project and mitigate impacts upon adjacent properties. However, the Planning & Development Board, forwards the item with a recommendation for approval, along with a specific recommendation to also include the C -1 and C -2 zoning Districts as they didn't think that the proposed amendments provided the subject uses with adequate (e.g. reasonable) location options. It should be noted that the proposed amendments still include the Iocational requirement that the uses be located along arterial roadways, and therefore Staff finds that the Board's changes still support the staff objectives to concentrate like land uses and preserve residential neighborhoods. Staff supports the Board's recommendations and therefore has included the changes within the Zoning Use Matrix and Use Matrix Notes (See the accompanying exhibits where each of the proposed amendments to the LDR definitions, and Zoning Use Matrix and Use Matrix Notes are indicated including the Board's recommendation for including the C -1 and C -2 Zoning Districts). :16]q►AT ► 114M1: 1&V_1JJx01 9101kVd:J:ZeZe30MLi636]: &I=1:1►T / Is] ��► / -1 FISCAL IMPACT: NA ALTERNATIVES: None recommended. �11 0:7_l1X4102»_1►F STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending LDRs for medical care or testing (in- patient) D Staff Report Staff report D Other Exhibit 1 -A - Matrix D Other Exhibit 1 -13 - LDR text REVIEWERS: Page 370 of 458 Department Reviewer Action Date Planning & Zoning Rumpf, IMichael Approved 112612015 - 10:48 Al Development Byrne, Nancy Approved 112612015 - 11:24 Al Finance Howard, Tim Approved 112612015 - 11:43 Al Legal Swanson, Lynn Rejected 112812015 - 2:19 PM Finance Howard, Tim Approved 112912015 - 8:43 Al Finance Howard, Tim Approved 112912015 - 8:43 Al Legal Swanson, Lynn Approved 112912015 - 4:13 PM City Manager LaVerriere, Lori Approved 113012015 - 11:24 Al Page 371 of 458 I ORDINANCE NO. 15- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA APPROVING AMENDMENTS TO THE LAND 6 DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II 7 ENTITLED "DEFINITIONS "; CHAPTER 3, ARTICLE IV, 8 SECTION 3D, "ZONING MATRIX NOTES"; CHAPTER 3, 9 ARTICLE IV, SECTION 3.D., TABLE 3 -28 "USE MATRIX"; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the City's Zoning Regulations accommodate uses that provide medical 15 testing and treatment in the following three general categories; 1) hospitals; 2) medical 16 offices; and 3) imaging, testing and support services, however, of the three uses, the only one 17 where in- patient medical care is permitted is hospitals; and 18 WHEREAS, until recently, there has not been a demonstrated demand in the City 19 for medical services that provide 24 -hour care to patients, however, in response to the recent 20 demand for services that provide 24 -hour care, treatment and /or testing pertaining to sleep 21 apnea, eating disorders, labor and delivery, hospice care and substance abuse, staff has 22 analyzed the zoning regulations and proposes amendments to address this deficiency by 23 accommodating these uses as well as other excluded businesses that similarly provide 24 overnight medical care and treatment; and 25 WHEREAS, the City Commission finds it to be in the best interest of the citizens 26 and residents of the City to approve the recommendations of staff and amend the Land 27 Development Regulations as reflected herein. 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files ( x86)Aneevia.com \docConverterProA temp\ NVDC\ 4B486BC3- 36D540ED- 90 3- 1DA08206E2EI \Boynton Beach. 781.1. Medical_Care_and_ Testing _(In- patient)_Ordinance.doc - I - Page 372 of 458 I Section 1 . The foregoing whereas clauses are true and correct and are now ratified 2 and confirmed by the City Commission. 3 Section 2. Chapter 1, Article H of the Land Development Regulations entitled 4 "Definitions" is hereby amended as follows: 5 ... 6 Definitions (LDR, Chapter 1, Article 11): 7 8 Medical Care or Testin g (In patient) 9 A facility, including emergency clinics and hospitals, which are open 24 -hours per day or 10 provides 24 -hour healthcare, treatment, and/or examinations, typically requiring overnight 11 stays, and are based either on emergency, planned, or scheduled admittance to facilities 12 with controlled and secured access to ensure appropriate care of patients. Such facilities 13 include: 14 15 • Hospitals licensed pursuant Chapter 395, Florida Statutes; 16 • Alcohol or chemical dependency treatment centers licensed pursuant to Chapter 397, 17 Florida Statutes; 18 • Mental health treatment facilities licensed pursuant to Chapter 394; Florida Statutes 19 • Urgent care centers (24- hour); 20 • Inpatient testing services such as sleep disorder centers; 21 • Birth centers licensed pursuant to Section 383.305; Florida Statues; 22 • Hospice facilities licensed pursuant to Part IV of Chapter 400; Florida Statues; 23 • Eating disorder treatment centers; and 24 • Nursing homes and physical rehabilitation centers licensed pursuant to Section 25 400.062, Florida Statutes. 26 27 Additionally, the subject amendments warrant other modifications to the definitions, as 28 shown below in underlined and crossed -out text: 29 30 • Hospital - 31 ' 32 33 34 35 . see Medical Care or Testin g (In- 36 patient); 37 • Medical or Dental Imaging /Testing /Support Services (Outpatient); C:AProgram Files ( x86)Aneevia.com \docConverterProA temp\ NVDC\ 4B486BC3- 36D540ED- 90 3- 1DA08206E2EI \Boynton Beach. 781.1. Medical_Care_and_ Testing _(In- patient)_Ordinance.doc -2- Page 373 of 458 I • Medical or Dental Office (Out patient) A facility or clinic operated by one (1) or 2 more physicians, dentists, chiropractors, or other licensed practitioners of the 3 healing arts for the examination and treatment of persons solely on an outpatient 4 basis including intensive out patient treatment Images, body fluids or other...... ; 5 Mental Health and Substance Abuse see Medical 6 Care or Testing (In- patient). 7 ... 8 Section 3. Chapter 3, Article IV, Section 3.D. of the Land Development 9 Regulations, Zoning Matrix Notes is hereby amended as follows: 10 Changes to Existing Notes: 11 No. 3. (to be amended) Amend #3 to read "Conditional use approval shall be required if 12 located within �we one hundred k2" 100 feet from a residential zoning district or mixed 13 use zoning district 14 No. 14. The subject use is only allowed on a lot that fronts on an arterial or collector 15 feadwa y street as defined in Part III, Ch. 1, Art. 2 of the LDR under definitions for "Street - 16 Arterial" and "Street - Collector". Except for uses providing Medical Care or Testing (In- 17 patient) shall be limited to lots that front on an arterial roadway. 18 The following amendment is an unrelated, "house- keeping" amendment intended to remove 19 the cap on maximum seats, with maximum floor area remaining to achieve the intended 20 objective of limiting eligible sites to quick turn -over, convenience retail. 21 No. 58. Restaurant. 22 a. All Districts. See Chapter 3, Article V , Supplemental Regulations regarding the 23 sidewalk caf6 permit. 24 b. C -1 District. A restaurant is allowed as accessory use to a business or professional 25 office and /or a medical or dental office but subject to the following conditions: 26 (1) Signage. No external signage for the restaurant use shall be allowed; 27 (2) Hours of operation shall be limited to coincide with the hours of operation of 28 the principal use. 29 c. M -1 district. This non - industrial use is allowed within the M -1 district, provided that 30 it 1) is located within a multiple- tenant development on a lot that fronts on an arterial 31 or collector roadway; 2) does not exceed two thousand, five hundred (2,500) square 32 feet; 3) eantains - r, ,r, a4weho =e (12) seats 4 3 excludes a drive -up, drive - 33 through, or drive -in facility; and � 4) complies with all off - street parking 34 requirements of Chapter 4, Article V. In addition, the sale of used merchandise is 35 only allowed as accessory to the sale of new merchandise. C:AProgram Files ( x86)Aneevia.com \docConverterProA temp\ NVDC\ 4B486BC3- 36D540ED- 90 3- 1DA08206E2EI \Boynton Beach. 781.1. Medical_Care_and_ Testing _(In- patient)_Ordinance.doc -3 - Page 374 of 458 I New Notes: 2 No. 101. Medical Care or Testing (In- patient) 3 Other requirements and site standards: 4 a. Minimum building setback shall be 50 feet when abutting a residential or mixed use 5 zoning district to enable proper site design regarding secured access, private outdoor 6 patron amenities, buffering, etc. 7 b. Site security shall be ensured through a minimum of surveillance cameras, limited 8 and controlled access points, and operational procedures to restrict unauthorized 9 and /or unarranged accessing or exiting of the facility and /or property. 10 c. Privacy and access control shall be ensured through a minimum of perimeter fencing 11 and landscape buffering intended to support the objective to control access and 12 increase privacy of areas intended for client or patient use. 13 d. Permitted locations shall exclude the Community Redevelopment Area to limit the 14 CRA to those complimentary uses available to the public and which contribute to the 15 synergy of successful downtown commerce pursuant to an applicable redevelopment 16 plan. 17 No. 102. Pre - existing. Such Dre- existing uses which are no longer allowed uses bursuant to 18 amendments to the Zoning Matrix shall not be construed as non - conforming uses. However, 19 major modifications to such uses shall be in accordance with the conditional use approval 20 Drocess if reauired bursuant to the Zoning Matrix. and adhere to the site design and 21 operational restrictions of the applicable footnotes 22 23 24 Section 4. Chapter 3, Article IV, Section 3D of the Land Development 25 Regulations, Use Matrix Table 3 -28 (Excerpt) is hereby amended as follows: 26 ... 27 D. Use Matrix (Table 3 -28). 28 See attached Exhibit "1 -A" 29 Section 5. Should any section or provision of this Ordinance or any portion 30 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 31 affect the remainder of this Ordinance. C:AProgram Files ( x86)Aneevia.com \docConverterProA temp\ NVDC\ 4B486BC3- 36D5- 40ED- 9C33- 1DA08206E2EI \Boynton Beach. 781.1. Medical_Care_and_ Testing _(In- patient)_Ordinance.doc -4- Page 375 of 458 I Section 6. This Ordinance shall become effective immediately on second. 2 FIRST READING this day of , 2015. 3 SECOND, FINAL READING AND PASSAGE this day of , 2015. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 24 Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE 25 Janet M. Prainito, MMC 26 City Clerk 27 28 29 30 (Corporate Seal) YES NO C:AProgram Files ( x86)Aneevia.com \docConverterProA temp\ NVDC\ 4B486BC3- 36D5- 40ED- 9C33- 1DA08206E2EI \Boynton Beach. 781.1. Medical_Care_and_ Testing _(In- patient)_Ordinance.doc - 5 - Page 376 of 458 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 14 -047 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: January 21, 2015 RE: Interim LDR Amendments (CDRV 15 -001) To include 1) Provisions for the new zoning use Medical Care or Testing (In Patient) 2) Continued codification of the Transit - Oriented Development (TOD) overlay development standards; 3) Amendments to the sign standards applicable to commercial uses in certain M -1 zoning districts; 4) Amendments to sign regulations to facilitate certain improvements to non - conforming signs at shopping centers; and 5) The decrease in parking requirements for hotels. OVERVIEW The rewrite of the City's Land Development Regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post- adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would further items #1 "business and economic development initiatives "; #2 "Advancing sustainability initiatives, and #4 "achieving regulatory compliance ", as well as facilitate the physical improvement of the streetscape. t00050878.1 306 - 9001821 } - I - Page 377 of 458 1. MEDICAL CARE — IN- PATIENT (ZONING USE) The City's Zoning Regulations accommodate uses that provide medical testing and treatment in the following three general categories; 1) hospitals; 2) medical offices; and 3) imaging, testing and support services. Of the three uses, the only one where in- patient medical care is permitted is hospitals. Hospitals, in summary, are institutional uses providing comprehensive medical treatment and care. Although nursing and convalescent homes provide basic, 24 -hour medical care, they are currently labeled a Type 3 Group Home in the City's LDR and function more as permanent or long -term housing for residents /patients rather than a medical service. Until recently there has not been a demonstrated demand for medical services that provide 24 -hour care to patients. However, in response to the recent demand -for services that provide 24 -hour care, treatment and /or testing pertaining to sleep apnea, eating disorders, labor and delivery, hospice care, and substance abuse, staff has analyzed the zoning regulations and proposes amendments to address this deficiency by accommodating these uses as well as other excluded businesses that similarly provide overnight medical care and treatment. The definition of "Hospital" is currently indicated in the LDR (Chapter 1, Article II) as: An establishment typically referred to as an institution (excluding "Group Home, Type 4') that provides comprehensive, inpatient and outpatient healthcare, including typical emergency medical, surgical, diagnostic, rehabilitation and treatment services, as well as other specialized services ranging from bariatrics to wound care. This use would also include accessory meeting /conference facilities, limited retail sales, and administrative offices. Most significant to this analysis is that Hospitals are limited to the Public Usage (PU) Zoning District. The PU Zoning District is a unique district defined to "apply to those areas within the city whose ownership and /or operation is public, or whose use is primarily institutionally - oriented. When we think of "institutional" uses, we typically consider those uses that are public or public /private in nature and that engage in public service such as schools, places of worship, lodges and charitable organizations, government- operated facilities, and hospitals. Historically, communities would have only one hospital, which corresponded with a unique and tailored zoning district appropriate for the scale of the use, size of property affected, and surrounding land uses. However, given the number and variety of possible medical uses that similarly provide services around - the - clock, and the unique and limited locations of the PU Zoning District, other appropriate zoning districts should be considered that match the type of intensity and locational requirements of these medical uses. The proposed amendments to the zoning regulations are intended to ensure that the City's zoning regulations are defensible, by not unjustifiably zoning out certain uses, and more importantly, maintaining compliance with the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). In general, both acts prohibit discrimination against the "handicapped" or "disabled ". Of course the FHA emphasizes the access to housing, and t00050878.1 306 - 9001821 } Page 378 of 458 the ADA targets access to services, programs, or activities of a public entity. Most relevant to this code review and analysis are the following points: • The application or coverage of the ADA and FHA was expanded so that "physical or mental impairment" includes alcoholism and drug addiction, and expanded to also apply to those businesses providing related services and treatments; • Zoning is an activity specifically referenced in the Technical Assistance Manual for the ADA in discussing this function and its importance to be monitored for compliance with the ADA and FHA; • Zoning that does not regulate equitably those uses with like characteristics and purposes, which affect handicapped individuals, could raise concerns under the ADA and FHA; and • When zoning fails to allow the integration of handicapped individuals into society, such as a when zoning narrowly classifies drug and alcohol treatment facilities as "institutional" while simultaneously excluding them from districts that allow related or similar medical businesses and services, such zoning could impede the integration expectation of the ADA and FHA. Therefore, staff proposes the subject code amendments that have identified several uses currently excluded from the zoning regulations that provide 24 -hour patient care and treatment. The proposed changes also provide the necessary definition for said uses; identify the zoning districts appropriate for such intense medical uses; and include additional location standards and operational requirements to ensure land use compatibility and adherence to proper review processes. Definitions (LDR, Chapter 1, Article 11): Medical Care or Testin g (In patient) A facility, including emergency clinics and hospitals, which are open 24 -hours per day or provides 24 -hour healthcare, treatment, and/or examinations, typically requiring overnight stays, and are based either on emergency, planned, or scheduled admittance to facilities with controlled and secured access to ensure appropriate care of patients. Such facilities include: • Hospitals licensed pursuant Chapter 395, Florida Statutes; • Alcohol or chemical dependency treatment centers licensed pursuant to Chapter 397, Florida Statutes; • Mental health treatment facilities licensed pursuant to Chapter 394; Florida Statutes • Urgent care centers (24- hour); • Inpatient testing services such as sleep disorder centers; • Birth centers licensed pursuant to Section 383.305; Florida Statues; • Hospice facilities licensed pursuant to Part IV of Chapter 400; Florida Statues; • Eating disorder treatment centers; and t00050878.1 306 - 9001821 } - - Page 379 of 458 • Nursing homes and physical rehabilitation centers licensed pursuant to Section 400.062, Florida Statutes. Additionally, the subject amendments warrant other modifications to the definitions, as shown below in underlined and crossed -out text: • Hospital - , . see Medical Care or Testing (In- ap tient) • Medical or Dental Imaging /Testing /Support Services patient); • Medical or Dental Office (Out patient) A facility or clinic operated by one (1) or more physicians, dentists, chiropractors, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis including intensive outpatient treatment Images, body fluids or other...... ; • Mental Health and Substance Abuse see " Medical Care or TestiW (Inpatient Zoning Matrix (LDR, Chapter 3, Article IV, Section 3.D.): See Exhibit "A" for an excerpt of the Zoning Matrix with the proposed changes shown in underlined and crossed -out text. The proposed new use is seen added to the matrix, to be a permitted use in the C -3 (Community Commercial), PCD (Planned Commercial Development) and PU (Public Usage) Zoning Districts. The C -3 Zoning District is the most intensive commercial district in the City's Zoning Regulations based on typical project size (i.e. land area and square footage) and customer traffic, and is intended to accommodate large commercial centers located with direct access from arterial roadways. Distances to residential areas are typically greatest, and design and buffering requirements are intended to match the scale of the project and mitigate impacts upon adjacent properties. The C -1, C -2, and C -4 Districts are not appropriate given the intense nature of such businesses, the need for greater land area than the minimum size required by the zoning districts, and need for appropriate separation from residential areas. Whereas the C -1 (Office Commercial) Zoning District accommodates offices including medical and dental offices, this district is often considered a "transitional" zone between residential zoning districts and more intense commercial land uses given its compatibility with residential environments due, in part, to the limited hours of business operation and locations along the periphery of residential neighborhoods. Similarly, the C -2, (Neighborhood Commercial) Zoning District is to be compatible in scale and operation with residential zoning districts, and in fact is intended to be located in close proximity to residential land uses to facilitate access to convenient retail goods and services. The C -4 District would t00050878.1 306 - 9001821 } Page 380 of 458 also be inappropriate for such uses given the smaller parcels that comprise most of the existing C -4 -zoned properties, and their close proximity to local streets and residential areas. The PCD District corresponds with the C -3 District with the principal difference being the requirement for a master plan as part of the rezoning process. Additional changes to the matrix would also include adding the same "(Out- patient)" description to the "Medical or Dental Office" use title, the individual "Hospital" use item currently in the matrix would be removed, and an unrelated change but necessary for consistency in the matrix is the addition of a "P" and footnote " #22" to the "Counseling" use item to allow such uses within the M -1 District similar to the treatment of general business offices if, in part, they are located along an arterial roadway. Zoning Matrix Notes (LDR, Chapter 3, Article IV, Section 3.D.): Existing Notes: No. 3. (to be amended) Amend #3 to read "Conditional use approval shall be required if located within �we one hundred (2" 100 feet from a residential zoning district or mixed use zoning district No. 14. (to remain unchanged) The subject use is only allowed on a lot that fronts on an arterial or collector roadway street as defined in Part III, Ch. 1, Art. 2 of the LDR under definitions for "Street - Arterial" and "Street - Collector". The following amendment is an unrelated, "house- keeping" amendment intended to remove the cap on maximum seats, with maximum floor area remaining to achieve the intended objective of limiting eligible sites to quick turn-over, convenience retail. No. 58. Restaurant. a. All Districts. See Chapter 3, Article V , Supplemental Regulations regarding the sidewalk cafe permit. b. C -1 District. A restaurant is allowed as accessory use to a business or professional office and /or a medical or dental office but subject to the following conditions: (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M -1 district. This non - industrial use is allowed within the M -1 district, provided that it 1) is located within a multiple- tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) cant ins - m e€t- weho =e (12) seats 4 3 excludes a drive -up, drive - through, or drive -in facility; and -5 4) complies with all off - street t00050878.1 306 - 9001821 } Page 381 of 458 parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. New Notes: No. 101. Medical Care or Testing (In- patient) Other requirements and site standards: a. Minimum building setback shall be 50 feet when abutting a residential or mixed use zoning district to enable proper site design regarding secured access, private outdoor batron amenities. buffering_ etc.: b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and /or unarranged accessing or exiting of the facility and /or property, c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase brivacv of areas intended for client or batient use. d. Permitted locations shall exclude the Community Redevelopment Area to limit the CRA to those complimentary uses available to the public and which contribute to the synergy of successful downtown commerce pursuant to an applicable redevelopment plan. No. 102. Pre - existing. Such pre - existing uses which are no longer allowed uses pursuant to amendments to the Zoning Matrix shall not be construed as non - conforming uses. However, rn j or modifications to such uses shall be in accordance with the conditional use approval process if required pursuant to the Zoning Matrix, and adhere to the site design and operational restrictions of the applicable footnotes. 2. TOD (OVERLAY PROVISIONS INCLUDING DENSITY BONUS) The proposed amendments would further the codification of TOD regulations that commenced in 2013, and continued in 2014 with the establishment of a Downtown Transit - Oriented Development District within the Comprehensive Plan. Specifically, the proposed amendments would implement Future Land Use Element Policy 1.18.1, which established a Downtown TOD District, and Policy 1.18.2.b, which allows twenty five percent (25 %) density increase for selected future land use classifications within the District. For the past eight years, the City has been participating with the Florida Department of Transportation (FDOT) and other agencies to expand the Tri-Rail commuter system to include new service on the FEC Railroad. The expanded service, named the "Tri -Rail Coastal Link," would add a series of new passenger rail stations on the FEC Railroad in t00050878.1 306 - 9001821 } Page 382 of 458 Palm Beach, Broward, and Miami -Dade Counties, including a new Boynton Beach station just south of Boynton Beach Boulevard. FDOT and its transportation partners, including the South Florida Regional Transportation Authority (SFRTA), Palm Beach Metropolitan Planning Organization (MPO), Treasure Coast Regional Planning Council (TCRPC), have all prioritized the need to improve land development patterns in advance of station development for the following reasons: (1) transit - oriented development (TOD) improves ridership for transit service, thereby increasing efficiency; (2) transit service increases access to station areas, thereby increasing potential for higher intensity and density land development; (3) TOD equally accommodates all modes of transportation (car as well as pedestrian, bicycle, and transit), further increasing access to station areas and potential for increased development capacity; and (4) TOD encourages a park -once environment, which reduces vehicular demand on the roadway network, further improving efficiency and reducing carbon emissions. The most significant features of a TOD are (1) increased density and intensity of development, with minimum levels of development recommended by FDOT; (2) walkability and interconnectivity throughout the area; and (3) a mix of uses appropriate to the service and area. In June of 2013, the City Commission approved amendments to the Land Development Regulations to create provisions for TOD and the corresponding standards in the mixed use zoning regulations, including the minimum density and intensity standards for mixed use districts within the Transit Core and the Station Area, defined as a' /4 mile and' /2 mile radius around the future station, respectively. The Comprehensive Plan policies adopted in 2014 gave a broad support to these regulations. First, they established a Downtown TOD District with boundaries coinciding with the Station Area. In addition, they instituted a density increase of up to twenty five percent (25 %) for projects located within the District and classified Special High Density Residential, Mixed Use or Mixed Use -Core Future Land Use. The amendments increased maximum densities for these Future Land Use categories to twenty five (25), fifty (50) and one hundred (100) dwelling units per acre, respectively. Currently, the total number of units within the District is estimated at about 3,100, resulting in the gross area -wide density of 7.027 dwelling units per acre. The Community Center station, a model for the Boynton Beach Downtown TOD District, stipulates optimal densities between 11 and 16 dwelling units per acre. (The density of 11 dwelling units per acre corresponds to 4,862 units in the subject area). The proposed amendment would potentially help to reach this desirable threshold. Significant areas east of the FEC Railroad right -of -way are already classified as either Mixed -Use Core or Mixed Use (see Exhibit A) and more are targeted for higher density and intensity mixed -use development both east and west of the tracks. There are no properties currently classified as Special High Density Residential within the District, but some may be reclassified to this category in the future. t00050878.1 306 - 9001821 } Page 383 of 458 3. AMENDMENT TO SIGN STANDARDS APPLICABLE TO COMMERCIAL USES IN CERTAIN M -1 ZONING DISTRICTS This proposed amendment would allow maximum sign area for commercial uses proposed in the M -1 zoning district that are located along arterial and collector roadways, to be based on the ratio applicable to the commercial zoning district rather than the industrial (M -1) zoning district. Staff is recommending a "cleanup" of the sign code regulations applicable to those areas of the M -1 (Industrial) zoning district located on road rights -of -way in which non- industrial uses are allowed. Based upon the M -1 Corridor Study conducted several years ago, in an effort to create an improved visual image of industrial zoned properties abutting major thoroughfares within the City, the allowed uses were expanded to accommodate limited office and commercial type businesses. However, at the same time, the sign regulations were not updated to reflect this expanded use list. Office and retail properties are allowed a maximum wall signage allocation based upon the lineal front footage of the building/tenant space, multiplied by a factor of 1.5. For example, a tenant with a 30 foot front lease space would be allowed up to 45 square feet of wall signage (30 LF X 1.5 SF = 45 SF). However, industrial zoned properties are limited to one (1) square foot of wall signage based upon the front footage calculation, due to their typical locations along roadways of lower classification and traffic, such as local and collector streets. Using the same example as above (30 LF X 1.0 SF = 30 SF), the amount of wall signage is reduced by one - third. Since it is generally recognized that office and commercial tenants rely more heavily on signage than industrial businesses, due to customer traffic, and locations along roads with higher classification and design speeds, it seems appropriate that the sign regulations be updated to reflect the fact that non- industrial uses are now allowed on major thoroughfares in the industrial zoning district, and that such uses be afforded the same signage allotment as other office and retail businesses on the same corridor. This amendment would allow the limited list of non- industrial businesses accommodated on an arterial roadway within the M -1 zoning district to utilize the same signage calculation as office and commercially -zoned properties. 4. REGULATING OF NON - CONFORMING SIGNS AT SHOPPING CENTERS TO BENEFIT PHYSICAL APPEARANCE AND ECONOMIC DEVELOPMENT. The proposed amendments would increase flexibility in altering a non - conforming sign at a commercial shopping center for the purpose of accommodating additional tenant space, as long as the modifications would not worsen the magnitude of non - conformity, and result in some physical improvement to the design of the sign. The City has a number of nonconforming pole signs throughout commercial zoning districts, mainly located at the larger retail centers. Pole signs are tall signs, typically supported by one or more poles /posts, which provide a list of tenants within the shopping center. When the majority of these shopping centers were constructed, poles signs were a t00050878.1 306 - 9001821 } - Page 384 of 458 permitted type of sign and the code at that time allowed sign heights up to 20 feet, regardless of property size and roadway classification. As a result, these signs continue to be maintained by the center owners in order to maintain the height and visibility the signs afford. Current sign regulations require these types of signs to be Monument Signs, which are defined as signs mounted to the ground or pedestal /foundation, completely along the bottom of the cabinet/sign. Monument signs are limited to a maximum of 12 feet in height, which is typically about one -half the height of the pole signs in existence today. Therefore shopping center owners make every attempt to maintain their existing signs, concerned that removal due to maintenance or damage may result in diminished visibility and advertising associated with a new code - compliant sign. The Nonconforming Signs portion of the code does not allow signs to be modified except for re- lettering or change of sign copy, unless the modification brings the sign into compliance with the sign code. While staff has permitted typical maintenance such as color changes or adding minor architectural enhancements that do not further the nonconformity, and in many cases lessen the nonconformity and enhance the appearance, there are few other changes that are allowed to these signs. Because many of the shopping centers have grown over the years, added outparcels or attracted well known national tenants that require larger signage in their leases, sign cabinets were added /modified over the years (when the signs were still deemed conforming), which has resulted in a hodge - podge, less than desirable appearance of these signs. Many times the center owners are the first to acknowledge this and desire improvements, but the code will not permit the structural modifications necessary to improve the design because of the nonconforming status. Over the last several years, a number of shopping centers have undergone major renovations and only minimal work could be permitted on these pole signs. Staff proposes to modify the Nonconforming Signs section of the Land Development Regulations (LDR) with the objective to allow certain modifications to nonconforming signs that would improve the image along the rights -of -way without worsening nonconformities. Staff recommends that wording be added to this section of the LDR to allow modification of nonconforming pole signs at shopping centers, when regulated by, or to be regulated by a Sign Program, as long as the mass of the sign structure is not increased (i.e. height, length, and width). Such work may be structural in nature and may involve removal /replacement of sign cabinets. The sign owner would be required to make improvements that bring the sign structure(s) further into compliance with current sign regulations and shall, under no circumstance, worsen the nonconformity. The Nonconforming Signs section of the code already allows repairs to damaged signs up to 50% of the original cost of the sign, so it is logical to allow the owner to make aesthetic enhancements to these signs, again, as long as the mass of the sign structure is not increased. Staff firmly believes these signs are not going away, unless removed by a hurricane or other destructive force, therefore we believe additional latitude is necessary to improve their look and the image of the City. t00050878.1 306 - 9001821 } Page 385 of 458 As part of these regulations, and as further incentive for shopping center owners to upgrade their signs, staff recommends wording that would change the allowed amount of repair of these renovated signs from the current language of "50% of original cost of the sign construction" to read "50% of the value of the upgraded sign ". As part of the above discussion, staff envisions another opportunity to address the visual quality of these nonconforming signs and at the same time further economic development efforts to bring more and larger tenants to shopping centers experiencing vacancies. As noted previously, one of the key points in lease negotiations with prospective tenants is the amount and location of their signage, in order to gain maximum visibility. In many instances, this older shopping center sign is completely filled with tenant signage leaving no space on the sign for new, larger and /or potentially beneficial tenants . Most leases clearly denote the amount and location of signage granted to each tenant. Unless existing tenants are willing to modify the language within their leases, the prospective tenant will look elsewhere, possibly outside the City. Therefore, staff proposes to allow additional tenant signage on these nonconforming structures, again under the same requirements as noted above that requires approval of a Sign Program to support the proposed modifications as well regulate all other signage for the project, and results in the overall aesthetic improvement of the sign as reviewed and approved through the City's site plan amendment process. Staff does not envision these regulations being applied to single tenant property signs, as they tend to be of a smaller scale (only one tenant panel versus several) and less costly to replace. Therefore, staff recommends no further changes regarding the single tenant signs, but remains open to further review in the future. 5. MINIMUM PARKING REQUIREMENTS FOR HOTELS The purpose of this proposed amendment is to lower the minimum parking ratio for hotel rooms to better reflect actual demand as justified by the parking requirements of several other cities, as well as the user characteristics at a hotel located in the City. The proposed minimum parking ratio would minimize the construction of unnecessary impervious areas of a project and therefore support the City's green initiatives. Staff has been made aware that our parking requirements for hotels outside the Mixed Use High (MU -H) district are greater than nearly all other communities. Staff has taken pride in the fact that we have been able to reduce unnecessary parking for many uses, created overlay areas where parking requirements have been reduced and designed code language to cap maximum parking, all in an effort to preserve more green space /pervious area on site and reduce development costs. Reducing parking requirements furthers Green Initiatives championed by the City Commission and the leadership team. The City Code requires one and a quarter (1.25) parking spaces per a one bedroom hotel room and two (2) parking spaces per two bedroom hotel room, other than in the Mixed Use High (MU -H) zoning district (downtown), in which the requirement is one (1) t00050878.1 306 - 9001821 } - 10 Page 386 of 458 parking space per hotel room, regardless of the number of bedrooms. Staff reviewed the parking codes of twenty -five (25) cities within Palm Beach County and the State and various counties within the State. The results indicated that none of those surveyed differentiated between one and two bedroom hotel rooms, likely due to the fact that most occupants arrive in one vehicle, such as a family on vacation, therefore making the required second parking space unnecessary. The survey also noted that only one jurisdiction, Volusia County, required a parking ratio in excess of 1.25 parking spaces per hotel room (1.5). Nineteen of the twenty -five surveyed required 1.0 parking space or fewer, with the majority of those also requiring additional parking for employees and /or meeting space. Staff conducted an analysis utilizing a recently approved hotel (Towne Place Suites in Quantum Park) for the scenarios, calculating parking based upon the various formulas of the surveyed jurisdictions. Our code as currently written requires 151 parking spaces for the project. Only two (2) of the twenty -five (25) jurisdictions required more parking (159 and 156 parking spaces). The mean parking requirement averaged out to 137 parking spaces. Had this project been constructed in the City of Delray Beach, their code would have required only 97 parking spaces. In determining the mean average, staff discarded the two highest parking requirements (159 & 156) and the three lowest (83, 97 & 97) to provide a fair and more accurate portrayal of the median numbers. As a result of this analysis, staff believes our requirement for a separate parking calculation for the two (2) bedroom hotel room to be unnecessary and unjustified. Staff recommends the code be modified to a single calculation of 1.25 parking spaces per hotel room, which would have resulted in 145 parking spaces required in the above scenario, instead of 151 for the 116 unit hotel. This calculation is still higher than the mean number of 137 from the study, and would more than account for employees and social functions. This recommendation is based upon survey results treating all hotel units identically with a single parking calculation, regardless of the number of bedrooms, the fact that our minimum parking requirement exceeded nearly all others surveyed, and that the proposed amendment furthers the City's Green Initiatives. Staff additionally recommends an amendment to the code to address a hotel that has an internal restaurant or lounge open not only to the guests, but to the general public. In these instances, staff would recommend that parking be provided for those uses open to the general public at a rate of 50% of their requirement of a standalone operation. CONCLUSION / RECOMENDATION Staff is recommending approval of the proposed amendments. Overall, these amendments are intended to achieve regulatory compliance, promote Transit Oriented Development, encourage /promote business /economic development by allowing businesses that otherwise may be discouraged from finding suitable locations in the City, maximize compatibility among land uses and improve the aesthetics of the streetscape. Attachments S:A PLANNING \SHAREDAWP \SPECPROJACODE REVIEWAIN- PATIENT MEDICAL CARE \STAFF REPORT - COMBINED TEXT ITEMS.DOCX t00050878.1 306-90018211 - 11 - Page 387 of 458 EXHIBIT 1 -A: Use Matrix - Table 3 -28 (Excerpt) - LDR, Ch. 3, Art. IV, Section 3.D. M X x 13 Page 388 of 458 Residential Commercial Mixed -Use Industrial Misc. P: Permitted Use n C: Conditional Use — N w C x N w d A: Accessory Use OFFICE & HEALTH CARE continued Counseling P P P P P P P P P P P P 27 1 16 16 16 16 16 31 P P P P 3 3 3 3 F P4nia, aFl ;.arc. or 1_? iLL —t-; lrriaaFiic rri! 1d 101 1d 101 1d 101 1d 101 — Ulf 102 102 102 102 Medical or Dental P P P P P P P Imaging /Testing/ P P P P P 24 Support Services 1 16 16 16 16 16 27 31 Medical or Dental P P Laboratory P 13 29 Medical or Dental P P P P P P P P Office (Out- oatientY P 1 P P P P 16 16 16 16 16 22 27 31 M X x 13 Page 388 of 458 EXHIBIT 1 - B ITEM No. 1 - MEDICAL CARE — IN- PATIENT (ZONING USE) Definitions (LDR, Chapter 1, Article 11): Medical Care or Testin g (In patient) A facility, including emergency clinics and hospitals, which are open 24 -hours per day or provides 24- hour healthcare, treatment, and/or examinations, typically requiring overnight stays, and are based either on emergency, planned, or scheduled admittance to facilities with controlled and secured access to ensure appropriate care of patients. Such facilities include: • Hospitals licensed pursuant Chapter 395, Florida Statutes; • Alcohol or chemical dependency treatment centers licensed pursuant to Chapter 397, Florida Statutes; • Mental health treatment facilities licensed pursuant to Chapter 394; Florida Statutes • Urgent care centers (24- hour); • Inpatient testing services such as sleep disorder centers; • Birth centers licensed pursuant to Section 383.305; Florida Statues; • Hospice facilities licensed pursuant to Part IV of Chapter 400; Florida Statues; • Eating disorder treatment centers; and • Nursing homes and physical rehabilitation centers licensed pursuant to Section 400.062, Florida Statutes. Additionally, the subject amendments warrant other modifications to the definitions, as shown below in underlined and crossed -out text: • Hospital - see Medical Care or Testing (In- a tient • Medical or Dental Imaging /Testing /Support Services (Outpatient); • Medical or Dental Office (Out patient) A facility or clinic operated by one (1) or more physicians, dentists, chiropractors, or other licensed practitioners of the healing arts for the examination and treatment ofpersons solely on an outpatient basis including intensive outpatient treatment Images, body fluids or other...... ; • Mental Health and Substance Abuse see " Gpomp 4 4Wme , 4; 4 Medical Care or Testing (In- p atient). Zoning Matrix Notes (LDR, Chapter 3, Article IV, Section 3.D.): Changes to Existing Notes: No. 3. (to be amended) Amend #3 to read "Conditional use approval shall be required if located within �we one hundred k2" 100 feet from a residential zoning district or mixed use zoning district Page 389 of 458 EXHIBIT 1 - B No. 14. The subj ect use is only allowed on a lot that fronts on an arterial or collector r-eadway street as defined in Part III. Ch. 1. Art. 2 of the LDR under definitions for "Street - Arterial" and "Street - Collector". Except for uses providing Medical Care or Testing (In- patient) shall be limited to lots that front on an arterial roadway. The following amendment is an unrelated, "house- keeping" amendment intended to remove the cap on maximum seats, with maximum floor area remaining to achieve the intended objective of limiting eligible sites to quick turn-over, convenience retail. No. 58. Restaurant. a. All Districts. See Chapter 3, Article V , Supplemental Regulations regarding the sidewalk cafe permit. b. C -1 District. A restaurant is allowed as accessory use to a business or professional office and /or a medical or dental office but subject to the following conditions: (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M -1 district. This non - industrial use is allowed within the M -1 district, provided that it 1) is located within a multiple- tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) eentains a- - t- weho =e (12) seats; -4 3) excludes a drive -up, drive- through, or drive -in facility; and 4 ) complies with all off - street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. New Notes: No. 101. Medical Care or Testing (In- patient) Other reauirements and site standards: a. Minimum building setback shall be 50 feet when abutting a residential or mixed use district to enable proper site design regarding secured access, private outdoor patron amenities, buffering, etc. b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and /or unarranged accessing or exiting of the facility and /or property. c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase privacy of areas intended for client or batient use. Page 390 of 458 EXHIBIT 1 - B d. Permitted locations shall exclude the Community Redevelopment Area to limit the CRA to those complimentary uses available to the public and which contribute to the synergy of successful downtown commerce pursuant to an applicable redevelopment plan. No. 102. Pre - existing. Such pre - existing uses which are no longer allowed uses pursuant to amendments to the Zoning Matrix shall not be construed as non - conforming uses. However, major modifications to such uses shall be in accordance with the conditional use approval process if required pursuant to the Zoning Matrix, and adhere to the site design and operational restrictions of the applicable footnotes. Page 391 of 458 13.A. LEGAL 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE 15 -001 - SECOND READING - PUBLIC HEARING - Approve Ordinance amending Section 10- 51.5(1)(4) of the City of Boynton Beach's Code of Ordinances entitled Registration of Abandoned Real Property to amend the registration fee. EXPLANATION OF REQUEST: The City Commission desires to revise Section 10- 51.5(1)(4) of the City's Code of Ordinances entitled Registration of Abandoned Real Property to allow revisions in the annual registration fee without the City Commission having to change the Code of Ordinances each time a revision is made. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Registration of Abandoned Real Property program will not be affected; the dollar amount of the fee for registration of abandoned real property is being removed from the Code to allow the City Commission to revise the amount from time to time without having to revise the Code section. FISCAL IMPACT: There is no fiscal impact with this ordinance it will allow the commission to set the amount to be charged for registration by resolution. ALTERNATIVES: Do not revise this Section and keep the annual registration fee of abandoned real property as it is or change the established fee which will require additional future amendments when the fee needs to be changed. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Ordinance Ordinance - revising Code Section regarding registration fee for abandoned real property REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 1/21/2015 - 4:43 PM Page 392 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. 15- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CODE OF ORDINANCES CHAPTER 10, "GARBAGE, TRASH, OFFENSIVE CONDITIONS," ARTICLE III, "ABANDONED PROPERTY," BY REVISING SECTION 10- 51.5(i)(4), ENTITLED "REGISTRATION OF ABANDONED REAL PROPERTY" TO ALLOW REVISIONS IN THE ANNUAL REGISTRATION FEE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the City's Code of Ordinances in order to provide language in the Code to allow the annual registration fee of Abandoned Real Property to be revised from time to time; and WHEREAS, the adoption of this ordinance is in the best interest of the health, safety, and welfare of the residents, citizens, and business within the City of Boynton Beach. 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. That Article HI, "Abandoned Property," of the City of Boynton Beach Code of Ordinances, be, and the same is hereby amended by amending Section 10- 51.5(1)(4), entitled "Registration of Abandoned Real Property ", to read as follows: Sec. 10 -51.5. Abandoned Personal and Real Property (i) Registration ofabandoned real property. (1) Any mortgagee who holds a mortgage on real property located within the City shall perform an inspection of the property that is the security for the mortgage, upon default by the mortgagor, or issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it Page 393 of 458 I shall be deemed abandoned and the mortgagee shall, within ten (10) days of the inspection, register the 2 property with the City's Code Compliance Administrator, his/her designee, or the City's authorized 3 representative, on forms provided by the City. A registration is required for each vacant property. 4 (2) If the property is occupied but remains in default, it shall be inspected by the mortgagee or his 5 designee monthly until (1) the mortgagor or other party remedies the default, or (2) it is found to be 6 vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall, 7 within ten (10) days of that inspection, register the property with the City's Code Compliance 8 Administrator, his/her designee, or the City's authorized representative, electronically via the City's 9 website or on forms provided by the City. 10 (3) Registration pursuant to this section shall contain the name of the mortgagee, the direct mailing 11 address of the mortgagee, a direct contact name and telephone number of mortgagee facsimile number 12 and e -mail address and, the local property management company responsible for the security and 13 maintenance of the property and their direct contact name and telephone number of manager, facsimile 14 number and email address, and mobile number for direct contact. 15 (4) An annual registration fee in ` v- R-, n arfio ti, rrt sct, b t1rc 16 C itv C onimr;� lion , per property, shall accompany the registration. 17 (5) This section shall also apply to properties that have been the subject of a foreclosure sale where the 18 title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties 19 transferred under a deed in lieu of foreclosure /sale. 20 (6) Properties subject to this section shall remain under the annual registration requirement, security 21 and maintenance standards of this section as long as they remain vacant. 22 (7) Any person or corporation that has registered a property under this section must report any change 23 of information contained in the registration within ten (10) days of the change. 2 C:\Promnr Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ 65A37D2A - 5372- 48A5- B7CE- 2808ACC5299D \Boynton Beach. 662. 1. - Revised registration fee for Abandoned Real Property.doc °:`r ^` n�a. ,, o d d, anee Page 394 of 458 I Section 3. Each and every other provision of the City of Boynton Beach Code of 2 Ordinances not herein specifically amended, shall remain in full force and effect as originally 3 adopted. 4 Section 4. All laws and ordinances applying to the City of Boynton Beach in 5 conflict with any provisions of this ordinance are hereby repealed. 6 Section 5. Should any section or provision of this Ordinance or any portion thereof 7 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 8 remainder of this Ordinance. 9 Section 6. Authority is hereby given to codify this Ordinance. 10 Section 7. This Ordinance shall become effective immediately. 11 FIRST READING this day of , 2015. 12 3 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ 65A37D2A - 5372- 48A5- B7CE- 2808ACC5299D \Boynton Beach. 662. 1. - Revised registration fee for Abandoned Real Property.doc °:`r ^` n�a. ,, o d d, anee Page 395 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 2015. SECOND, FINAL READING AND PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) rd C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ 65A37D2A - 5372- 48A5- B7CE- 2808ACC5299D \Boynton Beach. 662. 1. - Revised registration fee for Abandoned Real Property.doc °:`r ^` n�a. ,, o d d, anee Page 396 of 458 13.B. LEGAL 2/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -017 - Authorize the City Manager to sign an Agreement with Community Champions Corporation (CCC), f /k/a Federal Property Registration Corporation of Fort Lauderdale, FL for a one -year period for administration of the City's vacant property registration ordinance as a result of Quote Number Q020- 2111 -15 /JMA. There is the option to renew for an additional three (3), one (1) year periods. EXPLANATION OF REQUEST: AGREEMENT PERIOD: MARCH 1, 2015 to FEBRUARY 29, 2016 Procurement Services issued a Request for Quotation for Administrator of Record for Abandoned, Foreclosed, Vacant Properties on November 21, 2014, Q020- 2111 -15 /JMA. The Request for Quotes was uploaded to Demandstar (the City's bid broadcast provider). The request for Quote was due on December 10, 2014 and the City received one response to this solicitation from Community Champions Corporation. The City's previous Request for Quotation for Administrator of Record in November 2011, also produced only one response; that response was from Federal Property Registration Corporation who has been the administrator of record for the City since January 2010. Currently a registration of $200 is charged per applicant of which $100 is remitted to the City. The new agreement allows a charge of $250 per applicant of which $150 will be remitted to the City. The City's portion of the registration fee is due to the City's Finance Department no later than the 15th day of the month during the term of the agreement. The new Agreement period is March 1, 2015 to February 29, 2016, with the option to renew the Agreement under the same Terms and Conditions for three (3) additional one -year periods. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Police /Code Compliance Department has recommended that we again enter into agreement with Community Champions Corporation which allows Code Compliance to manage vacant properties in foreclosure without the need for additional staff. FISCAL IMPACT: Budgeted Income received from the registration of abandoned /foreclosed /vacant properties for the last three fiscal years: Fiscal Year Actual Revenue 2011/2012 $185,000.00 2012/2013 $217,200.00 2013/2014 $227,800.00 If the number of registration remain constant based on the last 2 fiscal years, the City's could expect approximately $275,000 - $300,000 on an annual basis. ALTERNATIVES: The City of Boynton Beach is required to register vacant, foreclosed properties by Ordinance No. 09 -040, Sec. 10 -51.5 "Abandoned personal and real property ". Approve agreement with increase in registration fee to $250 Page 397 of 458 Approve agreement and leave registration at current fee of $250 Not approve the agreement and cease requiring the registration of these properties. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ^0 %k VrM n ^rt% VENDOR NAME: Community Champions Corporation START DATE: 3/1/2015 END DATE: 2/29/2016 CONTRACT VALUE: MINORITY OWNED CONTRACTOR ?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: This Agreement may be renewed for an additional three one -year periods, under the same terms and conditions. ATTACHMENTS: Type D Resolution n Agreement D Other D Other REVIEWERS: Department F inance F inance Legal Reviewer Action Date Howard, Tim Approved 1/26/2015 - 1:42 PI Howard, Tim Approved 1/26/2015 - 1:42 PI Swanson, Lynn Approved 1/28/2015 - 11:34 AIM Page 398 of 458 City Manager LaVerriere, Lori Approved 1/29/2015 - 12:58 PM Page 399 of 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COMMUNITY CHAMPIONS CORPORATION (CCC) F/K/A/ FEDERAL PROPERTY REGISTRATION CORPORATION OF FORT LAUDERDALE, FL FOR THE ADMINISTRATION OF THE CITY'S VACANT PROPERTY REGISTRATION ORDINANCE; AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Procurement Services issued a Request for Quotation for Administrator of Record for Abandoned, Foreclosed, Vacant Properties on November 21, 2014 (Q020- 2111- 15 /JMA) to which only one response was received; and WHEREAS, Federal Property Registration Corporation has been the administrator of record for the City since January, 2010; and WHEREAS, this Agreement period is from March 1, 2015 to February 29, 2016 with the option to renew the Agreement under the same Terms and Conditions for three (3) additional one -year periods; 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 approve the Agreement between the City of Boynton Beach and Community Champions Corporation (CCC) f /k/a Federal Property Registration Corporation for the administration of the City's Vacant Property Registration Ordinance as a result of RFQ 020 - 2111- 15 /JMA; and authorize the City Manager to sign the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. The City Commission does hereby approve the Agreement between 34 the City of Boynton Beach and Community Champions Corporation (CCC) f /k/a Federal 1 Page 400 of 458 I Property Registration Corporation for the administration of the City's Vacant Property 2 Registration Ordinance as a result of RFQ 020 - 2111- 15 /JMA. 3 Section 3. The City Manager is hereby authorized to sign the Agreement, a copy 4 of which is attached hereto as Exhibit "A ". 5 Section 4. This Resolution will become effective immediately upon passage. 6 PASSED AND ADOPTED this day of February, 2015. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 2 Page 401 of 458 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COMMUNITY CHAMPIONS CORPORATION (CCC) This Agreement is made as of this _1st_ day of _March_, 2015 by and between Community Champions Corporation (CCC), and the City of Boynton Beach, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City ") WITNESSETH: WHEREAS, because of an overwhelming number of mortgage foreclosures on residential and commercial properties that are in violation of the City of Boynton Beach Code of Ordinances, the care of neglected lawns and exterior maintenance of structures is becoming a health and welfare issue in the City of Boynton Beach; and, WHEREAS, in order to promptly and efficiently address the issues related to the maintenance of foreclosed residential and commercial properties, the City Commission adopted Ordinance 09 -040, the City's Property Registration Ordinance (the "Ordinance "); and WHEREAS, pursuant to the Ordinance the City desires to enter into this Agreement with Community Champions Corporation in order to provide services authorized pursuant to Ordinance 09 -040, to register vacant, abandoned, and foreclosed properties so that the City can properly address violations of the City's property maintenance codes (hereinafter "foreclosed property "). WHEREAS, Community Champions Corporation will also provide an electronic registration process that is cost -free and revenue - generating for the City. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. COMMUNITY CHAMPIONS CORPORATION RESPONSIBILITIES A. Community Champions Corporation will cite the City's ordinance to mortgagees and proactively contact those that file a public notice of default, lis pendens, foreclosure 1 Page 402 of 458 action, and or take title to real property via foreclosure or other any legal means. Community Champions Corporation will electronically provide for registration of foreclosed properties in violation of applicable City ordinances. B. Community Champions Corporation will pay for all expenses related to registration of all foreclosed property, and all administrative costs and fees related thereto. Community Champions Corporation will investigate, report, or take corrective measures monthly to update property status of all foreclosed property electronically registered and in compliance with the relevant City ordinances. C. Community Champions Corporation will charge a fee of: Two Hundred -Fifty Dollars ($250.00) per applicant to register all mortgagees who comply with Ordinance ( "Registration Fee'). Community Champions Corporation shall remit One Hundred -Fifty Dollars ($150.00) of the Registration Fee to the City in consideration of the services provided. Community Champions Corporation shall forward payment of the City's portion of the registration fee to the City's Finance Department no later than the 15 day of the month during the term of this Agreement. D. Community Champions Corporation agrees to provide a website for the registration of each foreclosed property in order to enable compliance with the City's ordinances. The website will direct registrants to the City's website, and further direct traffic, via a hyperlink, to VacantRegistry(dot)com The website found at VacantRegistry(dot)com will automatically allow lenders and /or responsible parties to comply with the City's Codes. E. Community Champions Corporation will execute the City's website Link agreement and meet all City IT security, and anti -viral requirements. 2. Indemnification: A. Community Champions Corporation shall indemnify and save harmless and defend the City, its trustees, elected and appointed officials, agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of Community Champions Page 403 of 458 Corporation, its agents, servants or employees in the performance of its obligations pursuant to this Agreement, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments, reasonable attorney's fees, paralegal expenses, and court costs at both the trial and appellate levels arising out of or in connection with the operations permitted under this Agreement. B. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by Community Champions Corporation and requires a specific consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Community Champions Corporation. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. Community Champions Corporation will indemnify and hold City harmless for any negligent acts of Community Champions Corporation or for any violation of any intellectual property laws, contracts or statutes. 3. TERM. This Agreement will terminate one (1) year from March 1, 2015. In addition, the parties may agree to renew this Agreement for an additional three (3) one (1) year terms. 4. TERMINATION. This Agreement may be terminated by either Party with or without cause, immediately upon thirty (30) calendar days written notice. Upon termination by City, Community Champions Corporation shall cease all work performed hereunder and forward to City any Registration Fees owed to the City. 5. CONTRACT DOCUMENTS: The following list of documents which are attached hereto as exhibits to this Agreement shall be incorporated into this Agreement, as if fully set forth herein by reference: 3 Page 404 of 458 • Community Champions Corporation Response to the "Request for Quotation for Administrator of Record for Abandoned /Foreclosed/Vacant Properties'; Quote No. Q020- 2111- 151JMA 6. INSURANCE. Community Champions Corporation shall provide and maintain in force at all times during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance as will assure to CITY OF BOYNTON BEACH the protection contained in the foregoing indemnification undertaken by Community Champions Corporation. A. Workers' Compensation Statutory limits with $100,000 Employers Liability. B. Commercial General Liability Insurance with limits of no less than $1,000,000.00. Bodily injury shall include operations and premises liability, products and completed operations, owners, and contractors protective liability and personal injury liability. C. Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non - owned and hired automobiles and employee non - ownership with limits of not less than $1,000,000.00 per occurrence. D. Errors and Omissions Insurance limits of liability provided by such policy shall be no less than $1,000,000.00 to assure City the indemnification specified herein. E. A Certificate of Insurance acceptable to the City shall be provided listing the above coverages and providing 30 days prior written notice to the City in the case of cancellation. The City shall be named as an additional insured and a certificate holder on the Commercial, General, Automobile, and Professional. Liability Policies with a waiver of subrogation on the Workers' Compensation /Employer's Liability Policy. A copy of the certificate shall be mailed to the City's Risk Management Department at the time Community Champions Corporation executes this Agreement. 7. OWNERSHIP AND USE OF DOCUMENTS. All documents, records, applications, files and other materials produced by Community Champions Corporation in connection with the services rendered pursuant to this Agreement shall be the property of the City, and shall be provided to City upon request. Community Champions Corporation shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Community Champions Corporation's endeavors. In the event of termination of this Agreement, any reports, records, documents, forms, and other data and M Page 405 of 458 documents prepared by Community Champions Corporation whether finished or unfinished shall become the property of the City, and shall be delivered by Community Champions Corporation to the City Manager within seven (7) days of termination of this Agreement by either party. Any compensation due to Community Champions Corporation shall be withheld until all documents are received as provided herein. 8. AUDIT AND INSPECTION RIGHTS AND RETENTION OF RECORDS. A. City shall have the right to audit the books, records and accounts of Community Champions Corporation that are related to this Agreement. Community Champions Corporation shall keep such book, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. Community Champions Corporation shall preserve and make available, at reasonable times for examination and audit by the City, all financial records, supporting documents, statistical records, and any other documents pertinent to his Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement, unless Community Champions Corporation is notified in writing by the City of the need to extend the retention period. Such retention of such records and documents shall be at Community Champions Corporation's expense. If an audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by the City to be applicable to Community Champions Corporation's records, Community Champions Corporation shall comply with all requirements thereof; however, no confidentiality or non - disclosure requirement of either federal or state law shall be violated by Community Champions Corporation. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. E Page 406 of 458 B. In addition, Community Champions Corporation shall respond to the reasonable inquiries of any successor companies and allow and successor companies to receive working papers relating to matters of continuing significance. In addition, Community Champions Corporation shall provide a complete copy of all documents papers to the City, prior to any final payment, in accordance with this Agreement. 9. INDEPENDENT CONTRACTOR. This Agreement does not create an employee /employer relationship between the parties. It is the intent of the parties that Community Champions Corporation is an independent contractor under this Agreement and not the City's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. Community Champions Corporation shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Community Champions Corporation's activities and responsibilities hereunder. Community Champions Corporation agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it make its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between Community Champions Corporation and the City and the City will not be liable for any obligation incurred by Community Champions Corporation, including but not limited to unpaid minimum wages and /or overtime premiums. 10. NOTICES. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. Notice shall be deemed to have been given upon receipt. For the C$I Page 407 of 458 present, Community Champions Corporation and the City designate the following as the respective places for giving of notice: CITY: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Attention: Lori LaVerriere, City Manager Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771 -4500 Facsimile No. (954) 771 -4923 CONTRACTOR: Community Champions Corporation 6767 N. Wickham Road, Suite 500 Melbourne, FL 32940 Attention: Thomas R. Darnell, Managing Director Telephone: (321) 421 -6639, ext. 1001 11. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by Community Champions Corporation without the prior written consent of City. For purposes of this Agreement, any change of ownership of Community Champions Corporation shall constitute an assignment which requires City approval. However, this Agreement shall run to the City and its successors and assigns. 12. AMENDMENTS. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13. BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 14. LAWS AND ORDINANCES. Community Champions Corporation shall observe all laws and ordinances of the City, county, state, federal or other public agencies directly relating to the operations being conducted pursuant to this Agreement. 7 Page 408 of 458 15. EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, Community Champions Corporation shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 16. WAIVER. Any failure by City to require strict compliance with any provision of this Agreement shall not be construed as a waiver of such provision, and City may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 17. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 19. ATTORNEY'S FEES AND COSTS. In the event of a dispute arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, paralegal expenses, and costs, including fees and costs incurred at all pretrial, trial and appellate levels. 20. ENTIRE AGREEMENT. This Agreement represents the entire and integrated agreement between the CITY and the Community Champions Corporation and supersedes all prior negotiations, representations or agreements, either written or oral. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day and year first above written. Attest: City Clerk day of , 2015 CITY OF BOYNTON BEACH By: Lori LaVerriere, City Manager Page 409 of 458 APPROVED AS TO FORM By City Attorney Attest: Print Name: Title: STATE OF FLORIDA ) ) SS COUNTY OF 1 By: Community Champions Corporation (CCC) Date: (SEAL) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared of who is personally known to me or has produced as identification, and acknowledged execution of the foregoing Agreement as the proper official of of for the use and purposes mentioned in it and that the instrument is the act and deed of the Corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 1 2015. NOTARY PUBLIC My Commission Expires: I Page 410 of 458 12- 10 -'14 10;56 FROM- Imperial Plaza 321 - 254 -6169 T -679 P0001/0031 F -024 Cotntnuni GRAM NS December 2, 2014 Community Champions Corporation (CCC) Thomas Darnell 6767 N. Wickham Rd. Suite 500 Melbourne, FL 52940 Boynton Beach, Florida Finance /Procurement Services :100 E. Boynton Beach Blvd. P.Q. Box 310 Boynton Beach, FL 33425.0310 RE: Quote Number Q020- 2111 -15 /JMA : Administration of Record far Abandoned /Foreclosed/Vacant Properties To Whom It May Concern: Community Champions Corporation (CCC), would like to announce its interest to manage the project as described in Q020- 2111 -15 JMA: Administration of Record for Abandoned /Foreclosed/Vacant Properties. CCC can meet or exceed all Technical Requirements including but not limited to those specified in Quote Number Q020- 2iii -15 /JMA: Administration of Record for Abandoned/Foreclosed/Vacant Properties. CCC is willing and able to execute a standard agreement with the City of Boynton Beach, FL. Sincerely, Thomas R. Darnell Managing Director 6767 N. Wickham Rd. Suite 500 Melbourne, FL 32940 Page 411 of 458 12- 10 -'14 10;56 FROM- Imperial Plaza 321 -254 -6169 T -679 P0002/0031 F -024 Communi CHAMP NS Table of Contents Section 1: Introduction and Executive Summary Section 2 : Administrative Section Section 3 : Experience and Resumes Section 4 : Project Understanding Section 5: Approach and Implementation 6767 N. Wickham Rd. Suite 500 Melbourne, R 32940 Page 412 of 458 12- 10 -'14 10;57 FROM- Imperial Plaza 321 -254 -6169 T -679 P0003/0031 F -024 Cornmani CRAM NS (a) Company Ownership. CCC is a Chapter S incorporated in the state of Florida. CCC was incorporated April 29, 2009, CCC's Federal Employer's Identification Number (FEIN) is 26. 4760904. (b) The Corporate office is at 6767 N. Wickham Rd. Suite 500, Melbourne, FL. 32940. (c) The office address that will service the City's account is 6767 N. Wickham Rd. Suite 500, Melbourne FL 32940. (d) CCC employs 40 full- -time employees and contracts 9 additional sub- contractors (e) The location from which the employees will be assigned to manage the County's account is 6767 N. Wickham Rd. Suite 500, Melbourne, FL 32940. (f) Thomas R. Darnell, 6767 N. Wickham Rd. Suite 500, Melbourne FL. (321) 421- 6639 ext 1001 (office), or (32150 8-0992 (cellular) is the City's designated point of Contact See attached CCC's has approximately five years experience in the development, implementation, and management of a foreclosed property registry database and on -line collection of fees. CCC is best suited to provide this service because Vacant/Property Registration management is its singular business enterprise. The company has established relationships within the industry and provides a central, convenient, and efficient process for this important government tool. CCC does not work for, or generate any revenue from, the potential property registrants, which helps to avoid any possible conflicts of interest. The company's only source of revenue comes from registrations, requiring our process and service to evolve and continually become more efficient while providing added valve. We have the experience, the relationships, the know -how, and the technology to provide the best service and results to the City of Boynton Beach, Florida. CCC works to continuously develop enhanced tools for applications to better assist your public safety agencies and economic or neighborhood development departments in the future. 6767 N. Wickham Rd. Suite 500 Melbourne, FL 32940 Page 413 of 458 12- 10 -'14 10;57 FROM- Imperial Plaza 321 -254 -6169 T -679 P0004/0031 F -024 Copnnian'Pt��" GHAM NS (a) Over four years since first city contract with the city of Rockledge, 1=L was awarded. (b) Key Personnel Key personnel who will make up the management team, and key program staff: ■ Thomas R. Darnell (Management Team) • David Mulberry (Management Team) • John Binder (Key Program Staff) • Michele Lowell (Key Program Staff) • TBD (Local Staff Employee with Code Enforcement Experience) As demonstrated in the key personnel resumes that follow, CCCs management team possesses over five years exclusive experience in program administration including: (i) Experience operating and maintaining a registry. (ii) Knowledge of tracking foreclosed and vacant real property, and an understanding of the Florida foreclosure process, and; (Ili) Database experience sufficient to properly manage the vacant and foreclosed property registry. Thomas R. Darnell 456 Spring Lake Drive Melbourne, FL 32940 521- 508 -0992 tda IQrfl.r As an experienced senior manager presiding over outside sales manager(s) and sales team(s), I have setup, worked, and managed National Trade Shows across multiple and unique industries. I possess great team building skills and a veteran ability to optimize collaboration between operations staff and sales teams. I am an expert marketing strategist and practiced in creating procedures, and in implementing inbound and outbound logistic and shipping strategies. I have created and managed warehouse and inventory procedures and protocols and am knowledgeable in construction, scheduling, and budgeting. EDUCATION Bachelor of Science in Accounting. Strayer University ACHIEVEMENTS Negotiations - Negotiated 70 0 /6 plus discount on freight for all outbound shipping while working as the Chief Operating Officer for a wholesale furniture distributor. I greatly improved Cost of Goods Sold, turn! ngshipping into a profit center and paying less per container for inbound freight. Client Relations & Business Development - Grew a client base in a new territory from 0 to 35 accounts producing over $6M a month within 120 days while at Bank of America. In my firstyear, I closed over $55M in new business and over $80M in year 2. Grew and developed core accounts while transitioning from Bank Of America to American Broker's Conduit from $80M in annual business to over $130M in annual business in the first 12 months. 6767 N. Wickham Rd. Suite 500 Melbourne, Ft 32940 Page 414 of 458 12- 10 -'14 10;57 FROM- Imperial Plaza 321 - 254 -6169 T -679 P0005/0031 F -024 Cammuni 400 �,. CHAME16NS Marketing Strategist - Marketed clients engaged in internet business and/or licensed outside of immediate market areas to protect book of business when local markets became volatile or storms/hurricanes froze local sales. Identified and hedged risk while developing these clients into core clients, allowing me to grow sales when competitors were losing market share in the same designated area. Training/Presentation Skills - Created and presented to clients on products/processes and policy nuances. Additionally, I provided periodic training to develop marketing campaigns and referral business within the client's target market and sub - markets, Real EState/ProJect Development - As a licensed General Contractor, I built a multi- family dwelling followed by a single - family residence. Additionally, I oversaw business plan development, securing of financing, contractor negotiations, and permitting for a $5M child care/ worship (multi -use) facility as President of the Grace Lutheran Church of Merritt Island. Also, as the building chairman I was in charge of negotiations and relationship management of site developer and the general contractor. PROFESSIONAL EXPERIENCE Community Champions Corporation - Managing Director Vice President 2008 - Pr'esent In addition to being a founding member of Community Champions Corporation, I am in charge of executive and strategic planning, management of all web -based projects, business model evolution, and daily operations. I also collaborate with the IT department and managers to develop and implement all technology solutions and client training initiatives. In April of 2009, CCC was incorporated and began developing and implementing an automated internet -based vacant property registration system. Envisioned to centralize and standardize a growing need to provide a local or specifically designated contact responsible for the security and maintenance of vacant properties in default or properties subject to a foreclosure action regardless of occupancy_ VacantRegistry.Com has become the first stop of over 30 local jurisdictions and it continues to grow. The site is helping code enforcement and other public safety officials identify responsible parties for a quicker remedy process regarding blight and safety issues of properties. Bank of America/Chase Home Finance - Wholesale Account Executive 2008 -2007 While at Bank of America, American Broker's Conduit, and then Chase Home Finance I was in charge of the prospecting, qualifying, approval of new customers, and the development and growth of existing customers. My tools were problem solving, excellent deal structuring ability, business strategy, product knowledge, and overall industry understanding allowing me to transition customers into clients and clients into partners. As a master of expectation management and "over - delivery" of customer service I closed over $500 million in residential business. Commercial Mortgage Acceptance Corporation - Managing Director 2001-2003 While at Commercial Mortgage Acceptance Corporation I was in charge of all operations, underwriting, processing, closing, and sales segments of the business. During my time with the company, I d_ elivered over $100M in closed commercial loan transactions to our correspondent parent. Paragon Financial - Consuitent -Chlef Operating Officer- Susiness Development Manager 1996.2001 Beginning with Paragon Financial in 1996,1 was the business development manager. Brought on to prospect and develop factoring and account receivable business in specific industries. I was able to raise funds during a 6767 N. Wickham Rd. Suite 500 Melbourne, Fl 32940 Page 415 of 458 12- 10 -'14 10;58 FROM- Imperial Plaza 321 - 254 -6169 T -679 P0006/0031 F -024 Comynitfni GHAM NS critical audit to obtain a credit facility, ultimately lowering their overall cost of funds. The funds I raised enabled Paragon underseparate entity to buy -out an extremely volatile and delinquent account. The company became The Paragon Collections and I was asked to run the company as the Chief Operating Officer. As the COO of "TPC" I was in charge of creating and managing warehouse and inventory protocols, while implementing inbound and outbound logistic strategies. Military Police Offloer- SPC E-4 1990 -1992 As a Combat Disabled Veteran of Operation desert Shield and Desert Storm, I served primarily in the southwest theater - of - operations. I conducted personal security details, secured main supply routes, provided physical security and completed other missions and required responsibilities of a combat soldier, I scored 120 on my OSB tests making me eligible for Officer Candidate School, I became Combat Medic Certified. I Fired sharpshooter and Expert on M -16, Expert 45, Expert 9MM, Expert Grenade, Expert LAW, an Expert on the 40MM MOD III Grenade Launcher. Medals Awarded - Upon Request. David Mulberry 8905 Watersedge Ct. Gainesville, Georgia 30506 678- 357.2505 dM ulbera&var , �ntregistrv.n oM EDUCATION Georgia State University, Atlanta, GA: Degree of Bachelor's of Business Administration major in Decision Sciences (1995). Magnu Cum Laude. Key courses Included: Business Statistics, Expert Systems & Neural Networks Decision Support Systems, Analysis of Business Data, Statistical Quality Assurance. End User Programming Community Champions Corporation - Managing Director 2012 - Present Lead the design and development of hosted web -based VPR (Vacant Property Registration) for County /county governments and Responsible Parties. For the VPIR system, I have implemented, troubleshot, and fixed bugs in Web applications and application services. In this capaCounty, I designed a network for providing hosted GIS application services. I have also analyzed the value, feasibility, and ROI for new business initiatives and service offerings. This has all been provided in concert with my operations partner in the day - today management of the firm. SinaryBus, Ltd. - Vice President Technology 1998 - 2012 Lead the design and development of hosted web -based Geographic Information Systems (GIs) for county governments and businesses. For BinaryBus, I designed a network for providing hosted GiS application services and analyzed the company value of the service. I also developed strategies for growing revenue and reducing costs through business process management (BPM) solutions. 6767 N. Wickhom Rd. Suite 500 Melbourne, FL 32940 Page 416 of 458 12- 10 -'14 10;58 FROM- Imperial Plaza 321 - 254 -6169 T -679 P0007/0031 F -024 Comtnun -* 40 CRAM NS IBM - Client Partner 2004 - Present Lead customers in the successful implementation of BPM solutions and provided expert guidance to customers in analyzing business processes and implementing an iterative approach to achieve continuous process improvement (CPI ). Managed client pipeline and staff utilization to maintain a positive P/L balance sheet. Visited clients and worked with executive level staff to identify and capitalize on new opportunities while maintaining the highest satisfaction level. Supported the direct sales team's efforts to close deals by detailing product implementation methodologies and strategies. Developed consulting and management staff in areas of identifying project farming opportunitles, product knowledge, and implementation strategies. Additional Work Experience Interwoven - Regional Consulting Operations Manager: Lead customers in the successful implementation of ECM solutions using Interwoven's content management suite. Developed consulting and management staff in areas of identifying project farming opportunities, product knowledge, and implementation strategies. Managed the acceptance and implementation of Interwoven's software suite at multiple client sites. Clients diversified from Fortune 3.0 to Dot,coms. Assisted in the creation of Solution offerings, packaging the best of frequently requested features into a leverag"ble suite of add on software. SALES TECHNOLOGIES, INC. - Customer Support Manager: Designed an Intranet to facilitate support and information accessibility. Trained the support staff on Intranet design and management. Provided customer support for over 100 different applications to over 10,000 end users. Tested combinations of various software and hardware configurations for usability. Welts Fargo Armored Service Corporation - Consultant: Organized a system for tracking the ordering and processing of over 1,800 fleet vehicles. Created and managed a database containing driver training and accident information. Designed a statistical study to analyze the accident frequency rats of trained drivers versus untrained drivers. Worked with management in the selection of a computer-based system for tracking fleet vehicles. United States Marine Corps - Unk Diary Chief: Responsible for database management, reporting, correspondence, and other various clerical tasks. organized, using a computer, historical and pay related Information for a battalion of aver 7.,000 Marines. Acquired leadership skills while directing the activities of Marines within my supervision. Learned the value of teamwork while preparing for operations such as Desert Storm. JOHN G. BINDER 1097 Bridgemill Avenue Canton, GA 30114 770- 479 -7652 67$-$60.1005 Mobile joi nder2 @comcast.net 6767 N. Wickham Rd. Suite 500 Melbourne, FL 32940 Page 417 of 458 12- 10 -'14 10;59 FROM - Imperial Plaza 321 - 254 -6169 T -679 P0008/0031 F -024 Commttni fyl` CHAM NS EDUCATION & TRAINING Bachelor of Business Administration, University of Georgia, 1971 The Institute of Financial Education, Chicago, Illinois 1979 - School for Executive Development, University of Georgia 1975 - The Leadership Program, University of Houston 1974 - Degree of Distinction for Advanced Studies in Savings Association Operations 1973 - Diploma I, Fundamental Studies in Savings Association Operations KPMG, LLP, Continuing Professional Education (CPE): Internet 10x, Enterprise Infrastructure Assessment, and Wireless 101 General Electric Corporation, Train the Trainer and Six-Sigma HONORS Recipient: 2003 Presidents Choice Award from the Georgia Association of Mortgage Brokers Speaker: 1999 AICPA National Industry Conference - Topics: Software Purchasing Negotiation Skills and Selecting a Solutions Integrator Member: Compaq Executive Enterprise Council CERTIFICATION Six Sigma Green Belt Community Chemplons Corporation - Registration Manager 2010 - Present Work closely with Communities and Mortgagees to insure registration compliance with prevailing Ordinances. Bring resolution to more difficult legal and regulatory issues with Mortgagees. Train and assist CCC staff in daily registration efforts, interpretation of Mortgage documents, public records and Ordinances. Prepare reports for Mortgagees of properties requiring registration. Maintain CCC Communities, the company's source of information used by Mortgagees, Servicers, Asset and Property Managers for compliance requirements. Support Executive Vice President with top three major Registration accounts. Compose and maintain company library of templates used for communications with Communities and organizations that register properties. Financial Operations Consulting - Self - Employed ConsuRant 2009 - 2010 Advise and carry out various financial operations responsibilities for a major national non - profit organization and its Foundation. Uncovered substantial embezzlement activities by previous staff as a result of forensic accounting review. Worked with United States Federal Prosecutor and Secret Service to obtain a conviction of guilty party, resulting in incarceration. Authored and implemented extensive financial and organizational policies and procedures, new bookkeeping system, new Chart of Accounts, method of allocation of expenses, and monthly financial reporting. Consult on a part time basis to reconcile nine bank and brokerage accounts, Prepare monthly allocation of expenses, and financial reports for Board of Directors. WinTric Lift Systems, Inc. - Owner /Manager 2004 -2009 Founded and managed small business manufacturing and installing Chandelier and Garage Storage Lift Systems, Performed all duties of a small business owner - product development, installations, customer service, accounting, sales, and marketing GENERAL ELECTRIC MORTGAGE INSURANCE CORPORATION - Account Manager 2001 - 2004 6757 N. Wickham Rd. Suite 500 Melbourne, FL 32940 Page 418 of 458 12- 10 -'14 10;59 FROM- Imperial Plaza 321 - 254 -6169 T -679 P0009/0031 F -024 Copnniuni � Iwb (.HAM NS Maintained customer relationships and developed growth strategies utilizing GE Value Proposition for key accounts, Through Consultative sales, identified opportunities to implement GE solutions to meet customer operational and marketing needs. Provided leadership and support to two Account Executives. Every year met statewide budget goals and new insurance written increased. Recognized multiple times by the Strategic Council for creative ideas contributing to company growth and profitability. Received financial awards for identifying and recommending an Internet -based image - enabled technology, which initiated GE's Doc Central paperless loan documentation product. KPMG CONSULTING, LLP - ProdUet Services Manager 199$ -2001 Managed subsidiary responsible for relationships with Alliance partners to resell third -party technology products to KPMG clients. Directed services for Product Configurations and Quotes, Purchasing, and Vendor Invoicing, Negotiated reseller /referral fee agreements with major Vendors such as: HP, Compaq, Sun and Oracle, Coordinated all legal matters with designated internal Attorneys. Administered Compliance with Vendors programs and SEC /AICPA regulations. implemented changes to reduce response time for configuration and purchase requests while increasing quality of work product. Increased company participation by marketing benefits of reselling at various internal functions. Worked closely with Engagement teams to structure large transactions satisfying client's requirements. Resource utilized by Vendors to make joint sales Presentations, represent KPMG at outside events and to close sales opportunities. UCSI DISTRIBUTION - Financial 'technology Solutions Division Director 1996.1998 Created and directed the financial services vertical market division for this nationwide computer technology distributor_ Worked closely with Value Added Resellers, Integrators, Independent Software Vendors and Information Technology Departments to utilize the benefits of Windows NT /Citric WinFrame for business critical applications. Designed and implemented strategic solutionsfor client's LANS /WANS, specializing in remote access and thin- client/network computers to increase employee productivity and reduce total cost-of- ownership. Account Manager for largest corporate customer. Organized and participated in national trade shows and seminars. Contributed signifcantly to corporate marketing activities to increase reseller channel loyalty and awareness, SOUTHERN PROFESSIONAL SERVICES, Inc. - Prinelpal 1995 -1996 Performed in an advisory capeCounty and consulting role forseveral privately owned companies, Analyzed and designed solutions in the areas of, business procedures, sales and marketing, office location /ieasing, space planning, financial management, investment strategies, and regulatory Compliance. FIRSTBANCORP MORTGAGE CORPORATION - PnWdenvChlefOperating Offlcer 1990 -1995 Directed management of loan origination (wholesale /retail), secondary marketing, servicing, underwriting, and accounting. Implemented proper policies and procedures to correct quality control problems, retained the company's FNMA Seller / Servicer status, and maintained excellent relationships with other Investors in the Secondary Market. Coordinated the Mortgage loan origination efforts of the Bank throughout the branch system. Servicing included the Bank's residential loan portfolio and commercial real estate loans for outside investors. Administration of foreclosure /bankruptcy proceedings and REO management/disposition. Responsible for all aspects of financial and human resource management. 6757 N. Wickham Rd. Suite 500 Melbourne, FL 37940 Page 419 of 458 12- 10 -'14 10;59 FROM- Imperial Plaza 321 -254 -6169 T -679 P0010/0031 F -024 Coynmuni CRAM NS HOLLYWOOD FEDERAL BANK -Vice President - Residential Lending Manager 1989 -1992 A one and a half billion dollar financial institution with Branches in Froward County, Florida. Directed all residential lending functions within the Bank. The department consisted of origination, processing, secondary marketing, underwriting, construction disbursement, and appraisal. Implemented procedures necessary to change from a portfolio lender to a FNMA/FHLMC compliance lender. Instituted operational changes increasing fee income and decreasing costs. Increased market share from forty -third to eleventh over a six - month period utilizing the outside sales force and the branch system. Devised new products for construction and end -loan financing. Created and implemented new incentive -based compensation programs for loan and branch personnel, Managed real estate and consumer loan collections, foreclosures /seizure, and disposition of acquired assets. Negotiated loan workouts and restructures. Member of Credit Review and Asset Review Committees AMERI FIRST MORTGAGE CORPORATION - Vice President - Regional Manager 1984-1989 A multi -state mortgage - banking subsidiary of a publicly owned four billion dollar financial institution based in Miami, Florida. Managed the South Palm Beach County Regional office. Coordinated the loan solicitation, origination, processing, and underwriting by the reglonol staff, ensuring compliance with company policies and procedures including FNMA and FHLMC, Administered all phases of the construction lending function, including construction disbursement. Exercised supervisory underwriting authority. Region continuously received awards for Loan Quality (documentation and auditing), Profitability and Customer Service Performance. At the request of the company president, chaired and was a member of various committees, including Customer Service and Compensation /Recognition. Worked closely with the parent Hank's commercial lending and retail banking branches to offer their services to the region's customer base. Recognized by the company publication for successful efforts in this area. THE EWO COMPANIES - Vice President- General Manager 1983 -1984 Chief administrator of several companies that represented the South Florida Investments and interests of an International real estate developer located in Munich, West Germany. GLENDALE FEDERAL SAVINGS & LOAN ASSOCIATION, FLORIDA DIVISION - Woe President - Area Operations Manager 1971 -1983 The merger of Glendale Federal in California and First Federal of Broward in Florida created the fourth largest muturift in the nation with over a four billion dollar presence in each state. The entity went public and was listed on t Michele Lowell 235 Jackson Avenue Satellite Beach, FL 32937 321-750-2809 mlowell @vacantregistry.com 6767 N. Wickham Rd- Suite 500 Melbourne, FL 32940 Page 420 of 458 12- 10 -'14 11;00 FROM- Imperial Plaza 321 -254 -6169 T -679 P0011f0031 F -024 Cammuni 0 Iseb CRAM NS Summary of Qualifications Result oriented, high -energy, hands -on professional, with experience in management, sales and technical work environments. Major strengths include excellent communication skills, highly competent, leadership qualities, team player, attention to detail, supervisory skills including hiring, termination, scheduling, training, payroll, and administrative tasks. Hands on experience with implementation of proprietary software and networking. Twenty years in the computer science field with experience in programming, implementation, and support. Work Experience Community Champions Corporation - Offlce Manager 2011 - Present Responsible fords ily office operations, maintaining accurate records, reporting directly to the Vice President. Maintain favorable relationships with clients and vendors. Responsible for Client support and ensuring complete satisfaction for the company's client. Perform duties in regards to candidate assignment, including verification of information and serve as the key contact for employee related matters. Maintain records in compliance with requirements. Master Lowell's MMA Academy - Co-Owner 1999 - 2011 Maintain all aspects of family owned business, including client prospecting and client retention and bookkeeping, including payroll and tax recording. Provide all services for a customer - driven service business, improving customer service, communicating with vendors, purchasing and displaying merchandise, developing low -cost marketing plans, developing, maintaining, and updating website. rirst2Pri nt - Account Representative 2005 - 2009 Qualified and managed leads, developing strong, well qualified customer base. Presented full range of Services offered by the company through multi -media efforts, including trade shows, on site demonstrations, blogs, and newsletters. Kept detailed records on all accounts to facilitate proper operation and communication. Lexmark Inc. -Sales Associate 2001.2003 Demonstrated printing solutions for the company located within Best Buy retail location. Assisted clients in choosing the best solution for their printing needs, both for home and professional use. Successfully and professionally represented the brand, increasing revenue forthe company while maintaining customer satisfaction IEnead Inc. - Sales and Technical Representative, Digital Printing Division 1999-2001 Successfully launched new technology within a niche marketplace using creative and effective marketing strategies. Supported technology both on -site and remotely using resources that were developed for this Specific technology, The team developed this into a lucrative product that was subsequently sold to Kodak, Inc. Info Design, Inc. -Vice President of Operations 1988 -,1999 Brought on as an Executive Assistant, became an integral part of the team that helped this company reach both fiscal and professional notoriety in the Textile and Computer Aided Design industries- Effectively developed and Implemented strategies and procedures that became standards foroperation in use today. Successfully marketed and supported proprietary software throughout the world exhibiting at trade shows, user 6767 N. Wickhom Rd. Suite 500 Melbourne, FL 32940 Page 421 of 458 12- 10 -'14 11;00 FROM- Imperial Plaza 321 -254 -6169 T -679 P0012/0031 F -024 Cornmunf 400 va CHAM NS group meetings, and sales events worldwide. Developed largest client base in the industry through implementation of systems using technology available. Additional Team Members; Rod Breoe- Chairman Rodney Brace retired in 2008 after a successful 35 years in Banking. For the last 7 years, Rodney was Senior Vice President /National Wholesale Residential Manager for JPMorgan Chase. Rod managed in excess of 700 sales and operation staff providing residential lending to the entire country with emphasis on increasing home ownership and superior customer satisfaction, Since graduating from the University of South Carolina in 1973, B.S. in Economics he has served the banking industry in senior executive positions with Amerifirst Bank, Manufacturers Hanover Bank, Chemical Bank, and JPMorgen Chase Bank. Ron Mulberry, MBA - Sales Coordinator Ron has over 35 years of business management experience. He has been responsible for the management of this technology -based service company since its inception in 1998. Previously, Ron was Vice President of Wells Fargo Armored Company, Atlanta, GA (a division of: Borg Warner Security Corporation, Chicago, IL) -a nationwide armored courier and ATM service company employing 6500 employees and operating 1800 vehicles with gross revenues over $250 million. Nicholas F. Tsamolutales- General Counsel County Attorney Emeritus for Palm Say, FL, Nicholas Tsamoutales has considerable experience as special counsel to many cities and specializes in Administrative and Local Government Law. Additional areas of practice include Corporation, Family, and Business Low. Of Nicholas' many distinctions and honors, he has been the immediate past President and the founding member of the Florida Municipal Attorney Association along with being recognized as the founding member of the Florida Association of Police LegalAdvisors. He will be involved in all legal matters pertaining to CCC's daily business activities, business model implementation, and its primary liaison with corresponding legal counsel for the municipalities (c) CCC's Bank of Record is Florida Community Bank located at 2105 N. Courtenay Pkwy, Merritt island, FL 32953. (321) 453 -8500. Catherine L. Kline is the Branch Manager. (d) CCC has had no contract failures or allegations of failure. CCC nor its management team has had any civil or criminal litigation, nor is management aware of any investigations pending, which involves the company, and /or the offerors of this response to proposal. 6767 N, Wickham Rd. Suite 500 Melbourne, f1 32940 Page 422 of 458 12- 10 -'14 11;01 FROM- Imperial Plaza 321 -254 -6169 T -679 P0013/0031 F -024 Comnianl GRAM NS References. Below is a list of references for which similar services have been provided. All of the provided project representatives can be contacted by the City to ask any follow up questions or confirm project parameters and performance. • City of West Palm (Beach, 401 Clematis Street West Palm Beach, FL 33401- Project and service dates 3/5 /2012- current, and currently maintaining a registration database of 3478 registrations. Contact: Doug Wise: developmental Services ;561) 805-6Q50, DWise b.or . • Palm Beach County, 301 North Olive Avenue, FL 33401 Project and services dates 11,/1/201:1- current, and currently maintaining a registration database of 16,644 Contact: Gail Vorpagel: Sr. Code Enforcement Official (561 ) Zaa-5507 or e@ be ov • The City of Jacksonville, 17.7 West Duval Street #425, Jacksonville FL, 32202 - Project and service dates 11,/19/2010- current, and currently maintaining 27,036 registrations, Contact: Tine Beals: Neighborhood Services (904) 255.8208, t Is@aco'.net . Sections 4 and 5 - Understanding' of PrOMCL Annroach, and fmpfementatLon 6767 N. Wickham Rd. Suite 500 Melbourne, FL 32940 Page 423 of 458 12- 10 -'14 11;01 FROM- Imperial Plaza 321 -254 -6169 T -679 P0014/0031 F -024 Corn tn tf n i 4000,�. CHANI NS CCC will provide all the required services necessary to develop and implement the real property registry and fee collection program in accordance with the requirements of the City's adopted Ordinance and shall include, but not limited to, the following: 1. CCC will Identify vacant/abandoned properties, within the City of Boynton Beach, and the mortgagee that holds a mortgage on real property and has declared its mortgage to be in default. 2. Notify mortgage holder of its requirement to register vacant /abandoned properties, within ten (10) days of the date that the mortgagee declares its mortgage to be in default, pursuant to City Ordinance. 3. Provide mortgage holder and /or vacant property owner detailed instructions on how to register the property, identifying information required to complete registry, access to the registry system, select and identify the local property manager and any other information necessary by the mortgage holder to complete the registry of the property. 4. Train and provide support with the responsible person for the lender to electronically register the information. 5. Develop, design and maintain, through the duration of the engagement, a web -based electronic registry system that affords all mortgage holders the opportunity to go on- line and register, modify, update, and request de- listings of foreclosed, vacant/abandoned properties as required by City Ordinance. 6. Provide the City free access to, and training, on the web -based electronic registry system and reporting tools. Also provide any necessary website and reporting tools support to the City of Boynton Beach. 7. Collect the registration fee on behalf of the City and remit to the City the difference between the registration fee and the Vendor's fee pursuant to said registration. 8. Provide the record of vacant/abandoned properties, with mortgage declared to be in default, that have not been registered and the current status of the registration process for each property. 9. Provide the financial accounting of property registrations identifying those that are in compliance with the ordinance as well as those that have not met its financial obligations. Database /Web Application Community Champions Corporation (CCC) in accordance with City of Boynton Beach's Property Registration Ordinance will identify parties responsible for the registration of Vacant /Abandoned properties. Properties will be identified that are subject to a mortgage and involved in a foreclosure action or whereby a mortgagee has taken title to a property through a foreclosure action or deed -in -lieu of foreclosure sale. The combined data records provide potential properties that are or have been subject to the two above- mentioned caveats for registration. This data is proposed to be a tool for code enforcement and all other public safety agencies providing vacancy status while also serving as an alert to 6767 N. Wickham lid. Suite 500 Melbourne, FL 32940 Page 424 of 458 12- 10 -'14 11;01 FROM- Imperial Plaza 321 -254 -6169 T -679 P0015/0031 F -024 Cornniani -jok (k, 1 , 74M :* I _5 CRAM NS Mortgagees and /or other responsible parties of properties that may need to be registered. This information can also be a great tool for identification of target properties for Neighborhood Stabilization Funds and other Grants. CCC's www ochampions.com tool also greatly diminishes inaccurate registration data, by allowing the registrant to choose the property merged from public record instead of manually registering data that may be more likely to diminish data integrity. Additional proprietary features of the website include: • Neighbors and Homeowners of both potential and /or registered properties can take advantage of the citizens request feature (found on the Home Page), that will send automated emails to code enforcement or other designated government officials and agencies while also notifying the mortgagee /responsible party and property manager via email and /or text message. • GIS processed data and stand -alone applications including various mapping capabilities. • Potential add -ons that will allow event tracking; providing transparency to all users regarding violation and resolution events. • Bulk and registration option for multiple properties in several locations offering batch payment options such as Automated Clearing House (ACH). • Automated receipt, confirmation and other notifications. Registration Form When CCC has not been provided accurate data from public records, the mortgagee /responsible party can complete a template registration. The template will require and collect, at a minimum, the following information (if enough information is not provided, CCC will work to extract necessary information from public records): • Case Number • Property Address, lot #, Strap #, Tax Acct# etc. • Local Agent; name, contact, address, telephone, fax, email. • Mortgagee; name, contact, address, telephone, fax, email. • Servicer; name, contact, address, telephone, fax, email • Occupancy Status • Last Inspection Date. • Property Management Company; name, contact, address, telephone, fax, email. • Mailing addresses may not be a Post Office Box, Tracking Registration Data and Status CCC will track data and property status, through continuous collection and combination of records from its public information resources, and will analyze the data through its proprietary data logic and process flow. CCC will also send out automated status requests to 6767 N. Wickham Rd. Suite 500 Melbourne, FL 32.940 Page 425 of 458 12- 10 -'14 11;02 FROM- Imperial Plaza 321 -254 -6169 T -679 P0016/0031 F -024 eompnunf 0 0 0 (Ij 0 10 (.HAM NS responsible parties of registered properties. Status changes and updates can be completed with the template or online. Leveraging CCC Experience and Relationships CCC will communicate the details and requirements of the ordinance to the Real Estate, Banking, and Lending communities, utilizing combined experience of close to 100 years in the Real Estate and Banking Industry. CCC will make contact initially with existing relationships in the various business units and departments of the largest lending institutions including but not limited to: • Default and Foreclosure + Loss Mitigation • RED and Asset Management + Legal • Purchasing CCC will communicate with National Property Preservation companies and other research teams that report to the industry along with the focal Real Estate Associations and Homeowner Associations. CCC will make contact with the state, regional, and local mortgagees and provide ordinance requirements, process and procedural training, and support for registration. CCC will provide local associations and neighbors with web -site tools to also collaborate on preserving value, and increasing safety in impacted neighborhoods where properties are required to be or have already been registered. CCC Operations Cycle ➢ Provide web -based applications and an electronic database for staff use. > Cite the ordinance to responsible parties. > Collect the registrations and registration data. ➢ Audit the registration -data to ensure parcel County accuracy. ➢ Collect the registration fee. ➢ Scrub the data monthly for accuracy, tracking, and status changes. > Regularly report and /or communicate to staff, registrants, and other industry related parties. ➢ Remit registration revenue and additional reporting for audit and accounting. Timing & Timeline Lenders will be able to register properties per the City of Boynton Beach's ordinance online within 7 days of being awarded the contract. The following information Is provided to familiarize the City with CCC's early implementation processes and procedures put in place to facilitate timely implementation of the Vacant /Foreclosure Property Registration program. 6767 N. Wickham Rd. Suite 500 Melbourne, Ft 32940 Page 426 of 458 12- 10 -'14 11;02 FROM- Imperial Plaza 321 -254 -6169 T -679 P0017/0031 F -024 Cornmuni GRAM NS • A mailbox group will be set up for lender and other interested party correspondence. All direct correspondence will be sent to this email address. The email address copies all individuals including all Executive staff, the date team CCC elects, technical support, and the legal department. The mailbox group email address for the City will be ciWfbo • The City will also be set up with a single administrative ID and Password for the website that will allow the administrator to add as many additional users as required. This is an automated process. • The City will receive two emails that will first notify that a relationship manager is going to call the City representative to validate credentials. Once completed, a temporary password will be emailed to the City to proceed with set up. • Within one week of being awarded the contract, CCC will begin collaborating with the applicable local agencies collecting data directly for record merge and matching • of the Cleric Records, Property Appraiser data, and Tax Collector date (this will provide for the most accurate data even before we begin importing lender registration data). • The City will designate a preferred business day to receive the emailed CCC management implementation report and /or a time and day for a re- occurring scheduled conference call. If the City is not able to participate in the scheduled conference call, the report is forwarded via email. • Website training can be easily scheduled at anytime by emailing tra1nftW @Cchamp1ons. com Initial Registration Timeline Once a mortgagee /trustee/ or agent of the mortgagee has been notified of their responsibility to register properties per the City's ordinance the following events take place: • The responsible party forwards the ordinance to their legal counsel for opinion. After their internal legal review and opinion, we insure they have reviewed materials on when and how to register. • The parties elected by the mortgagee to register property are offered the opportunity to participate in additional elective training for a smooth and timely registration process before or during their internal approval process. • They begin to register properties via the bulk template or online at our www.cchampions.com website (this should begin within 30 -45 days of legal department approval) for the larger lenders or within 45 -60 days of initial contact with smaller parties. • After this initial time period registrations become fluid and CCC will continue to notify the responsible parties of new registration requirements when necessary. • CCC will contact registered parties monthly to insure data integrity and any property status changes. Training Process 6767 N. Wickham Rd. Suite 500 Melbourne, FL 32940 Page 427 of 458 12- 10 -'14 11;03 FROM- Imperial Plaza 321 -254 -6169 T -679 P0018/0031 F -024 Cammuni CHAM NS CCC will work with the City to provide training in order for all designated employees to be proficient in the use of the web -based property registry. CCC will conduct several on -site trainings to begin familiarizing the City with the registry processes. After these on -site visits, CCC will make available to the City employees unlimited, customized online training through CCC's website. Every other week, CCC's staff provides online training specifically to Government entities operating sites such as this. Reporting CCC utilizes a system that begins with a 60.90 day initial program implementation; kicking - off with a weekly conference call or providing a detailed email report conducted or sent by CCC executive management. These weekly calls or emailed reports are provided at the discretion and convenience of the government partner's staff. They include reporting on registration status and best practices involving all communications, processes /procedures, and timelines. Detailed and customized reporting of both registered and potential properties (subject to a foreclosure action or the product of a mortgagee owned foreclosure sale) can be created and are available online in ,cvs or .xis format ADDITIONAL CONTACTS Note: The following dedicated email addresses can be used by both City representatives and registrants to ask additional questions. Executive Staff- executive @cchompions,com General Counsel- legal @cchempions.com Technical Support and IT- support @cchampions.com 018 Solution(s) and support- technology@cchampions.com C1. CCC will collect the registration fee and remit the balance of each registration (less 50% COLLECTED not to exceed $100) fee CCC will retain for it's services. There are no startup costs or any additional cost for any of the services CCC renders within the scope of services contained herein. 6767 A Wickham Rd. Suite 500 Melbourne, FL 32940 Page 428 of 458 12- 10 -'14 11;03 FROM- Imperial Plaza 321 -254 -6169 T -679 P0019/0031 F -024 The City of Boynton Beach FINANCE/PROCUREMENT SERVICES 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33415 -0320 561-742.15310 Fax. (562) 742 -6316 REQUEST FOR QUOTATION FOR ADMINISTRATOR OF RECORD FOR ABANDONED/FORECLOSED/VACANT PROPERTIES QUOTE No. 0020- 2111.151JMA QUOTES MUST BE RECEIVED ON OR BEFORE: December 10, 2014 no later than 5;00 P.M. The Quote number listed above must appear on all quotations and related correspondence. This is not an order. This inquiry implies no obligation on our part. The City of Boynton Beach is requesting quotations for an ADMINISTRATOR OF RECORD FOR ABANDONEDIFORECLO §E,DII/ACANT PROPERTIES. Please see attached "Specifications" page and "Schedule of Pricing" page. Snecial „Note; You may email your Response to this solicitation to Julianne Alibrandi, Sr. Buyer, alibrandilAblorkoa or fax to (561) 742 -6316; or mail to the City of Boynton Beach, Finance/Procurement Division, 100 East Boynton Beach Blvd., Boynton Beach, FL 33436. Any questions relative to any item(s) or portion of this request should be directed to Julianne Alibrandi at (561) 742 -6322; Monday through Friday, 8.00 A.M. to 5:00 P.M. Quotes received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. The purpose and intent of this "Request for Quotation” is to seek competitive quotes for an Agent to provide electronic registration for vacant, abandoned, and foreclosed properties so that the City can properly address violations of the City's property maintenance codes. Page 429 of 458 12- 10 -'14 11;03 FROM- Imperial Plaza 321 - 254 -6169 T -679 P0020/0031 F -024 SPECIFICATIONS FOR QUOTE No. Q020-2111.15/JMA The purpose and intent of this "Request for Quotation" is to seek competitive quotes for ADMINISTRATION OF RECORDS F4R_ABANDaNEDIFORECL45EQ VACANT PROPERTIES The awarded consultant shall furnish all labor, materials and equipment necessary to complete all work as specified by the City, Timeliness and quality of service are of primary concern. The term of this Agreement shall be effective for one (1) year after the award date with the option for three (3) additional one year renewal periods. The City of Boynton: Beach is seeking a consultant who can notify the specific person(s) responsible to deal with the issues that adversely affect local government, namely foreclosed, abandoned, vacant property. The Consultant is responsible for determining the name of the lender and the responsible person(s) within the lending institution and /or servicer of the loans. The deliverables are as follows; i Consultant must cite the ordinance to the responsible person and inform that person of the requirement to register; Consultant is required to collect all of the necessary information required to comply with the registration per City Code (Section 10 -51) attached; and to select a responsible Property Manager. • Consultant must train and provide support with the responsible person in order for the lender to electronically register the information • Consultant must collect the registration fee on behalf of the government and pay the government agreed upon rate per proposal attached. Consultant must train and provide support to the government officials on the use of the procedure to attain the necessary information + Consultant must provide the financial accounting for the registrations in compliance with the ordinance. • Consultant must provide the records of lenders not in compliance with the ordinance. Consultant will enter into Agreement with the City after Commission approval. A "Draft Agreement" is attached to this Request for Quote. THIS PAGE TO BE SUBMITTED ALONG WITH QUOTE IN ORDER FOR PROPOSAL TO BE CONSIDERED COMPLETE. Page 430 of 458 12- 10 -'14 11;04 FROM- Imperial Plaza 321 - 254 -6169 T -679 P0021/0031 F -024 CITY OF BOYNTON BEACH REQUEST FOR QUOTATION QUOTE No. Q020 2111- 151JMA SCHEDULE OF PRICING To All Proposers: The undersigned proposes to deliver the service in accordance with the specifications for the sum $ _ u _ TOTAL FEE FOR EACH PROPERTY $ lb 0 TOTAL FEE TO BE PAID TO THE CITY FOR EACH PROPERTY. ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the CONSULTANT will pay the City their portion of the agreed amount within (A calendar days from the date of receipt of fee from the Lenders e all FR wilt toe A do 01' bee's fltc, / ; - 'q DP el"w I" 4 . C OMM 017YJ 1C 1761, ow P ; are - ! p - a?dIe( COMPAN AYl�I ME DATE �1 0�►1�,5 �I1E � R SENTATIV (pl se print) 11 a A k OA \IW ATUR 'E TELEPHONE NO. EMAIL ADDRESS D op TITLE FAX NO. THIS PAGE TO BE SUBMITTED ALONG WITH QUOTE IN ORDER FOR PROPOSAL To BE CONSIDERED COMPLETE. Page 431 of 458 12- 10 -'14 11;04 FROM- Imperial Plaza 321 -254 -6169 T -679 P0022/0031 F -024 NON COLLUSIO AFFIDAVIT OF PRIME BIDDER State of f r' ctra _ ) County of V a y (I � ) being first duly sworn, deposes and says that: 1) She/He is Mn rc rX i f ec -W of ot1k rn'X ' Qna(n ' 6n S , (Titre) J (Name of Corporate n or Firm the bidder that has submitted the attached RFQ. 2) She/He is fully informed respecting the preparation and contents of the attached RFQ and of all pertinent circumstances respecting such RFQ; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said bidder not any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached RFQ or of any other bidder, or to fix any overhead, profit or cost element of the RFQ price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached RFQ are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties In interest, including this affianL (Signed) Subscribed and sworn to before me (Title) This �� day of 'i�_)P Oe fi r , 201 C. E.'t1t Not4fy Public - Stitt: 0. � My commission expires - - 1 CLL-k o t' C � , cam, om �c' : My s5ion Expires •Mav22.201.7. THIS PAGE TO BE SUBMITTED ALONG WITH QUOTE IN ORDER FOR PROPOSAL TO BE CONSIDERED COMPLETE. Page 432 of 458 12- 10 -'14 11;04 FROM- Imperial Plaza 321 - 254 -6169 T -679 P0023/0031 F -024 ANTI - KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH SS I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any me f my firm or by an officer of the corporation. By: NAME — G URE Swom an subscribed before me this , ( —I - +h dayof f)(°C M\I ,er 20 Lzj_ Printed Information: ffill"Irm 1.. 3 NOTARY PUBLIC, tae of Florida at Large �`� C. E. VILES Notary I'ubilc -State of Florida' , , ; �: Carrtmlesion #FF 20age ij •.', ^ �� E� MYCvmmisalanExplres may 22, 2( - Dv? TITLE ie � • . —Itl �1 � " — _ — — "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH QUOTE IN ORDER FOR PROPOSAL TO BE CONSIDERED COMPLETE, Page 433 of 458 12- 10 -'14 11;05 FROM - Imperial Plaza 321 - 254 -6169 T -679 P0024/0031 F -024 DRAFT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND This Agreement is made as of this L day of QaBM 204 by and between CONSULTANT, and the City of Boynton Beach, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 35435 (the "City"). WITNESSETH: WHEREAS, because of an overwhelming number of mortgage foreclosures on residential and commercial properties that are 0 violation of the City of Boynton Beach Code of Ordinances, the care of neglected lawns and exterior maintenance of structures is becoming a health and welfare issue in the City of Boynton Beach; and, WHEREAS, in order to promptly and efficiently address the issues related to the maintenance of foreclosed residential and commercial properties, the City Commission adopted Ordinance 09 -040, the City's Property Registration Ordinance (the "Ordinance "); and WHEREAS, pursuant to the Ordinance the City desires to enter into this Agreement with CONSULTANT in order to provide services authorized pursuant to Ordinance 09 -040, to register vacant, abandoned, and foreclosed properties so that the City can properly address violations of the City's property maintenance codes (hereinafter "foreclosed property"). WHEREAS, CONSULTANT will also provide an electronic registration process that is cost -free and revenue - generating for the City. NOW THE=REFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows; 1. CONSULTANT RESPONSIBILITIES A. CONSULTANT will cite the City's ordinance to mortgagees and proactively contact those that file a public notice of default, •lis pendens, foreclosure action, and or take title to real property via foreclosure or other any legal means. CONSULTANT will electronically provide for registration of foreclosed properties in violation of applicable City ordinances. B. CONSULTANT will pay for all expenses related to registration of all foreclosed property, and all administrative costs and fees related thereto. CONSULTANT will investigate, report, or Page 434 of 458 12- 10 -'14 11;05 FROM- Imperial Plaza 321 - 254 -6169 T -679 P0025/0031 F -024 take corrective measures monthly to update property status of all foreclosed property electronically registered and in compliance with the relevant City ordinances. C. CONSULTANT will charge a fee of. per applicant to register all mortgagees who comply with Ordinance {"Registration Fee'). CONSULTANT shall remit fifty percent (50 %) of the Registration Fee to the City in consideration of the services provided. CONSULTANT shall forward payment of the City's portion of the registration fee to the City's Finance Department no later than the 5th day of the month during the term of this Agreement. D. CONSULTANT agrees to provide a website for the registration of each foreclosed property in order to enable compliance with the City's ordinances. The website will direct registrants to the City's website, and further direct traffic, via a hyperlink, to The website found at will automatically allow lenders and/or responsible parties to comply with the City's Codes. E. CONSULTANT, will execute the City's website Link agreement and meet all City IT security, and anti -viral requirements. 2. INDEMNIFICATION A. CONSULTANT shall indemnify and save harmless and defend the City, its trustees, elected and appointed officials, agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of its obligations pursuant to this Agreement, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments, reasonable attorney's fees, paralegal expenses, and court costs at both the trial and appellate levels arising out of or in connection with the operations permitted under this Agreement. B. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by CONSULTANT and requires a specific consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and 001100 ($90.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by CONSULTANT. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the Page 435 of 458 12- 10 -'14 11;05 FROM- Imperial Plaza 321 - 254 -6169 T -679 P0026/0031 F -024 party's responsibility to indemnify. CONSULTANT will indemnify and hold City harmless for any negligent acts of CONSULTANT or for any violation of any intellectual property laws, contracts or statutes. 3. TERM. This Agreement will terminate one (1) year from the date it is executed by the City. In addition, the parties may agree to renew this Agreement for an additional three one (1) year terms. 4. TERMINATION. This Agreement may be terminated by either Party with or without cause, immediately upon thirty (30) calendar days written notice. Upon termination by City, CONSULTANT shall cease all work performed hereunder and forward to City any Registration Fees owed to the City. 5. CONTRACT DOCUMENTS: The following list of documents which are attached hereto as exhibits to this Agreement shall be incorporated into this Agreement, as if fully set forth herein by reference; 6. INSURANCE, CONSULTANT shall provide and maintain in force at all times during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance as will assure to CITY OF BOYNTON BEACH the protection contained in the foregoing indemnification undertaken by CONSULTANT. A, Workers' Compensation Statutory limits with $100,000 Employers Liability. B. Commercial General Liability Insurance with limits of no less than $1,000,000.00. Bodily injury shall include operations and premises liability, products and completed operations, owners, and contractors protective liability and personal injury liability. C. Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles and employee non - ownership with limits of not less than $1,000,000.00 per occurrence. D. Errors and Omissions Insurance limits of liability provided by such policy shall be no less than $1,000,000,00 to assure City the indemnification specified herein. E. A Certificate of Insurance acceptable to the City shall be provided listing the above coverages and providing 30 days prior written notice to the City in the case of cancellation. The City shall be named as an additional insured and a certificate holder on the Commercial, General, Automobile, and Professional. Liability Policies with a waiver of subrogation on the Workers' Compensation /Employer's Liability Policy. A copy of the certificate shall be mailed to the City's Risk Management Department at the time CONSULTANT executes this Agreement. Page 436 of 458 12- 10 -'14 11;06 FROM- Imperial Plaza 321 - 254 -6169 T -679 P0027/0031 F -024 7. OWNERSHIP AND USE OF DOCUMENT$. All documents, records, applications, files and other materials produced by CONSULTANT in connection with the services rendered pursuant to this Agreement shall be the property of the City, and shall be provided to City upon request. 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. In the event of termination of this Agreement, any reports, records, documents, forms, and other data and documents prepared by CONSULTANT whether finished or unfinished shall become the property of the City, and shall be delivered by CONSULTANT to the City Manager within seven (7) days of termination of this Agreement by either party. Any compensation due to CONSULTANT shall be withheld until all documents are received as provided herein. a. AUDIT AND INSPECTION RIGHTS AND RETENTION OF RECORDS. A. City shall have the right to audit the books, records and accounts of CONSULTANT that are related to this Agreement. CONSULTANT shall keep such book, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. CONSULTANT shall preserve and make available, at reasonable times for examination and audit by the City, all financial records, supporting documents, statistical records, and any other documents pertinent to his Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement, unless CONSULTANT is notified in writing by the City of the need to extend the retention period. Such retention of such records and documents shall be at CONSULTANT's expense. If an audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by the City to be applicable to CONSULTANT's records, CONSULTANT shall comply with all requirements thereof, however, no confidentiality or non - disclosure requirement of either federal or state law shall be violated by CONSULTANT. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry_ Page 437 of 458 12- 10 -'14 11;06 FROM - Imperial Plaza 321 - 254 -6169 T -679 P0028/0031 F -024 B. In addition, CONSULTANT shall respond to the reasonable inquiries of any successor companies and allow and successor companies to receive working papers relating to matters of continuing significance. In addition, CONSULTANT shall provide a complete copy of all documents papers to the City, prior to any final payment, in accordance with this Agreement. 9, INDEPENDENT CONTRACTOR, This Agreement does not create an employee /employer relationship between the parties. It is the intent of the parties that CONSULTANT is an independent contractor under this Agreement and not the City's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. CONSULTANT shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CONSULTANT's activities and responsibilities hereunder. CONSULTANT agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it make its own investment in its business, and that it will utilize a high level of skill necessary to perform the worts. This Agreement shall not be construed as creating any joint employment relationship between CONSULTANT and the City and the City will not be liable for any obligation incurred by CONSULTANT, including but not limited to unpaid minimum wages and /or overtime premiums. 10. NOTICES. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice In compliance with the provisions of this section. Notice shall be deemed to have been given upon receipt. For the present, CONSULTANT and the City designate the following as the respective places for giving of notice: CITY: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Attention: Lori LaVerriere, City Manager Page 438 of 458 12- 10 -'14 11;07 FROM- Imperial Plaza 321- 254 -6169 Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771 -4500 Facsimile No. (954) 771 -4923 CONSULTANT: T -679 P0029/0031 F -024 11. ASSIGNMENT, This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONSULTANT without the prior written consent of City. For purposes of this Agreement, any change of ownership of CONSULTANT shall constitute an assignment which requires City approval. However, this Agreement shall run to the City and its successors and assigns. 12. AMENDMENTS. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13. BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 14. LAWS AND ORDINANCES. CONSULTANT shall observe all laws and ordinances of the City, county, state, federal or other public agencies directly relating to the operations being conducted pursuant to this Agreement. 15. EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement. CONSULTANT shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 16. WAIVER. Any failure by City to require strict compliance with any provision of this Agreement shall not be construed as a waiver of such provision, and City may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 17. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, Page 439 of 458 12- 10 -'14 11;07 FROM- Imperial Plaza 321 - 254 -6169 T -679 P0030/0031 F -024 and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 19. ATTORNEY'S FEES AND COSTS. In the event of a dispute arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, paralegal expenses, and costs, including fees and costs incurred at all pretrial, trial and appellate levels. 20. ENTIRE AGREEMENT, This Agreement represents the entire and Integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day and year first above written. CITY OF BOYNTON BEACH By: Lori LaVerriere, City Manager Attest; City Cleric day of (date) APPROVED AS TO FORM; By City Attorney Page 440 of 458 12- 10 -'14 11;07 FROM- Imperial Plaza OAK Print Name IL v F.1 �7 G Title: L STATE OF FLORIDA ) COUNTY OF C'e_gAr C ` ) ? SS 321 - 254 -6169 T -679 P0031/0031 F -024 Date. /) - �7 " l (SEAL) BEFORE ME, an fficer duly authorized by law to administer oaths and take acknowledgments, personally appeared OMgS Q-_4 C\A,_,04 of who is personally known to me or has produced IA r, eau r, as identification, and acknowledged execution of the foregoing Agreement as the proper official of (nrnm -,QM ['tj for the use and purposes mentioned in it and that the Instrument is the act and deed of the Corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this q day of eCefNr 2015. NOTARY PUBLIC C. �. WILES My Commission Expires: Notary Public • State of Florida C 4 mm ISS I 0C1 #FF2o598 , , My commission kxplres "" °` May 22, 2017 Page 441 of 458 p0q 0()005 (Requestors Name) (Address) (Address) 100258403891 (City /State2ip /Phone #) ❑ PICK -UP ❑ WAIT ❑ MAIL (Business Entity Name) (Document Number) Certified Copies Certificates of Status Special Instructions to Filing Officer: Office Use Only 1 ICI cii h� Page 442 of 458 11 COVER LETTER TO: Amendment Section Division of Corporations NAME OF CORPORATION: FEDERAL PROPERTY REGISTRATION DOCUMENT NUMBER: P09000038286 The enclosed Articles ofAmendment and fee are submitted for filing. Please return all correspondence concerning this matter to the following: THOMAS R. DARNELL, Registered Agent Name of Contact Person Firm/ Company 6767 N. WICKHAM ROAD, SUITE 500 Address MELBOURNE, FL 32940 City/ State and Zip Code E -mail address: (to be used for future annual report notification) For further information concerning this matter, please call: THOMAS R. DARNELL Name of Contact Person at ( 321 ) 421 -6639 Area Code & Daytime Telephone Number Enclosed is a check for the following amount made payable to the Florida Department of State: 131 $35 Filing Fee ❑$43.75 Filing Fee & Certificate of Status Mal_ line, Address Amendment Section Division of Corporations P.O. Box 6327 Tallahassee, FL 32314 CORP. ❑$43.75 Filing Fee & Certified Copy (Additional copy is enclosed) ❑$52.50 Filing Fee Certificate of Status Certified Copy (Additional Copy is enclosed) Street Address Amendment Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, FL 32301 Page 443 of 458 Articles of Amendment t6 r Articles of Incorporation ��, 3 of FEDERAL PROPERTY REGISTRATION CORP. (Name of Corporation as currently filed with the Florida Degt. of State P09000038286 (Document Number of Corporation (if known) Pursuant to the provisions of section 607.1006, Florida Statutes, this Florida Profit Corporation adopts the following amendment(s) to its Articles of Incorporation: A. If amending name, enter the new name of the corporation_ COMMUNITY CHAMPIONS CORPORATION The new name must be distinguishable and contain the word "corporation," "company," or "incorporated" or the abbreviation " •Corp., " ..Inc., " or Co., " or the designation "Corp, - "Inc, " or "Co ". A professional corporation name must contain the word "chartered, " "professional association, " or the abbreviation "P.A. - B. Enter new principal office address if applicable NIA (Principal office address MUST BE A STREET ADDRESS ) C. Enter new mailing address, if applicable: (Mailing address MA Y BE A POST OFFICE BOX) NIA D. if amending the registered agent and/or registered office address in Florida, enter the name of the new registered agent and/or the new registered office address: Name of New RezisteredAeent NIA (Florida street address) New Registered Dice Address , Florida (City) (Zip Code) New Registered Aeent's Sienature, if changing Registered Agent: 1 hereby accept the appointment as registered agent. 1 am familiar with and accept the obligations of the position. Signature of New Registered Agent, if changing Page 1 of 4 Page 444 of 458 If amending the Officers and/or Directors, enter the title and name of each officer/director being removed and title, name, and address of each Officer and /or Director being added: (Allach additional sheets, if necessary) Please note the ofcer /director title by the first letter of the office title: P = President; V= Vice President; T= Treasurer; S= Secretary; D= Director; TR= Trustee; C = Chairman or Clerk; CEO = Chief Executive Officer; CFO = Chief Financial Officer. If an officer /director holds more than one title, list the first letter of each office held. President, Treasurer, Director would be PTD. Changes should be noted in the following manner. Currently John Doe is listed as the PST and Mike Jones is listed as the V. There is a change, Mike Jones leaves the corporation, Sally Smith is named the V and S. These should be noted as John Doe, PT as a Change, Mike Jones, V as Remove, and Sally Smith, S as an .odd. Example: X Change PT John Doe X Remove V Mike Jones X Add SV Sally Smith Tyne of Action Title Name Addres (Check One) 1) a Change a Add 7 Remove 2) a Changc a Add a _ Remove 3 ) EI Change LL Add Q Remove 4) a Change Add 1_..� Remove 5) a Change a Add 7 Remove b) Q Change EL Add EL Remove Page 2 of 4 Page 445 of 458 E. If amendine or adding additional Articles, enter change(s) here (Attach additional sheets, if necessary), (Be specific) NIA F. If an amendment provides for an exchange, reclassification, or cancellation of issued shares, p rovisions for implementina the amendment if not contained in the amendment itself. (if not applicahle, indicate N /A) NIA Page 3 of 4 Page 446 of 458 The date of each amendment(s) adoption: , if other than the date this document was signed. Effective date if applicable (no more than 90 days after amendment file date) Adoption of Amendment(s) ( CHECK ONE D T he amendment(s) was /were adopted by the shareholders. The number of votes cast for the amendment(s) . the shareholders was /were sufficient for approval. F The amendment(s) was/were approved by the shareholders through voting groups. The following statement must be separately provided for each voting group entitled to vote separately on the amendment(s): "The number of votes cast for the amendment(s) was/were sufficient for approval by (voting group) Wk he amendment(s) was /were adopted by the board of directors without shareholder action and shareholder action was not required. O ne amendment(s) was /were adopted by the incorporators without shareholder action and shareholder action was not required. -1 ,DOM Signature THOMAS R. DARNELL (Typed or printed name of person signing) MANAGING DIRECTOR (Title of person signing) Page 4 of 4 (By a dir�iresident br other officer — if directors or officers have not been selected, by an incorporator — if in the hands of a receiver, trustee, or other court appointed fiduciary by that fiduciary) Page 447 of 458 13.C. LEGAL 2/3/2015 REQUESTED ACTION BY COMMISSION: Consider options for future administration and maintenance of the Quantum Park Overlay Dependent District including the following: 1. Continue current operations whereby future administrative actions and vision of the District are overseen by the existing Board of Supervisors and their elected successors. 2. Remove and reappoint the Board of Supervisors thus injecting new leadership and vision. 3. Dissolve the Quantum Park Overlay Dependent District and assume all debt and common ground maintenance. EXPLANATION OF REQUEST: Quantum Park consists of 600 acres of mixed -use development including residential units, retail and office businesses, warehouse and industrial properties, as well as schools and public services. Historically, there were three regulatory entities within Quantum Park, the Quantum Park Overlay Dependent District ( "QPODD "), the Quantum Park Community Development District ( "QPCDD ") and the Quantum Park Property Owners Association ( "QPPOA "). The QPODD and the QPCDD were both created by the City; whereas, the POA is a private association within Quantum Park. In 1991, the City created the QPCDD. The QPCDD constructed and maintained a number of infrastructure improvements in Quantum Park for many years. The original plan of the QPCDD contemplated the development of an industrial /commercial park; however, the land use changed over time, and residential development was permitted in portions of the QPCDD. To address the changes in Quantum, in 2005, the City created the QPODD. The QPODD was created for two reasons. First, it provided a vehicle for all property owners in the Overlay District (both residential, and non - residential) to have a voice on the QPCDD Board. Second, the intent was for the QPCDD to convey all of its assets to the QPODD, and transfer all of its operation and maintenance responsibilities of the public infrastructure in Quantum Park to the QPODD. The transfer of assets was accomplished, and the QPCDD remained in existence until all of its debts were paid off. In 2014, the City Commission dissolved the QPCDD. Olen Properties Corp., a large property owner in Quantum Park has approached the City and requested that the City consider either the dissolution of the QPODD, or the replacement of the QPODD Board Members. The QPODD was created by the City in 2005, as a method to finance, deliver and manage community services within the QPODD, and to operate and maintain the public infrastructure in Quantum Park. Overtime, the QPODD's function has changed, and the QPODD was required to provide fewer services, as Quantum Park is almost built out, and in 2013, the City took over the maintenance of the roads within the QPODD. At the present time, the QPODD's duties primarily relate to lake and waterway management and maintenance. Olen Properties Corp. owns a parcel of land, which has been approved for development by the City. As a condition of development, Olen was required to also obtain permits from the South Florida Water Management District. Olen has advised the City, that although the City approved the project and issued permits, that the South Florida Water Management District has refused to do so based upon a letter of objection provided by the QPODD. The QPODD enacted a policy stating that it would not review drainage permits unless the QPPOA Architectural Review Committee first provided approval. In essence, the QPODD has delegated its authority to grant surface water management permits to the QPPOA's Architectural Review Committee. As the Commission is aware, Olen is currently involved in contentious litigation with the QPPOA. It is Olen's assertion that the QPODD, a governmental entity created by the City, has now delegated it's authority to the QPPOA, a non - governmental entity, which was not the City's intent in creating the QPODD and extends beyond the scope of the QPODD's authority. Page 448 of 458 Olen has requested that the City consider taking over the responsibilities of the QPODD, and dissolving the QPODD. In the event the City chooses not to take over the QPODD's function, Olen has requested that the City Commission consider the replacement of the QPODD Board Members. Currently, the Board is comprised of five members, none of which own property in Quantum Park. Olen is requesting that the Board members be replaced with either members of City staff, or members of the public with professional experience related to the QPODD's duties. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: The Quantum Park Overlay Dependent District is a State authorized district with non ad valorem taxing authority. Non ad- valorem taxes are assessed on all parcels within the District boundaries. Total annual District revenue is $769,215, which includes debt revenue of $387,379 and operation and maintenance tax revenue of $381,566. Operations and maintenance expenses support operation of stormwater detention basins and maintenance of other common grounds to include landscaping, irrigation, foot paths, preserve area, etc. Dissolution of the District would require the City to assume the District's debt and maintenance responsibilities, without the benefit of the non ad- valorem tax received by the District as noted above. Therefore, District dissolution should not be seriously considered from a fiscal perspective. Rather, if the City Commission desires new vision and leadership within the District as has been requested, some variation of new oversight and vision by the Board of Supervisors may be preferable. Any new vision could prompt a revised tax levy and revised public services with potential tax reduction to property owners within the District. Any such action would be the responsibility of the Board of Supervisors. ALTERNATIVES: 1. Dissolve the Quantum Park Overlay Dependent District, which would require the City to undertake the lake maintenance and management obligations, as well as the District's outstanding debt. Dissolution of the District would be done by Ordinance; 2. Replace the Board Members of the Quantum Park Overlay Dependent District. Replacement of the Board Members would be done by a Resolution of the City Commission; or 3. Do nothing, and retain the status quo in the District. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Letter REVIEWERS: Department Reviewer Description Letter from Andre Parke on behalf of Olen Properties Action Date Page 449 of 458 Legal Swanson, Lynn Approved Finance Howard, Tim Approved City IManager LaVerriere, Lori Approved 112112015 - 11:36 AIM iii iwilv��Iffl 112912015 - 1:03 PIM Page 450 of 458 SACHS SAX CAPLAN ATTORNEYS AT LAW SUITE 200 6111 BROKEN SOUND PKWY NW BOCA RATON, FLORIDA 33487 TELEPHONE (561) 994 -4499 DIRECT LINE (561) 237 -6829 FACSIMILE (561) 994 -4985 December 18, 2014 Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 ANDRE S. PARKE, ESQ. aparke @ssclawfirm.com Re: City Commission Hearing/Quantum Park Overlay Development District Dear Ms. LaVerriere: Please accept this correspondence as Olen Properties Corp.'s ( "Olen Properties "') formal request for the City of Boynton Beach to review and make a determination at an upcoming meeting of the City Commission regarding Olen Properties' request for the City to dissolve the Quantum Park Overlay Development District ("Overlay District ") or replace the existing members of the Overlay District Board with City of Boynton Beach professional staff. Olen Properties is submitting this request due to the fact that it has maintained a substantial interest in Quantum Park as both a property owner and developer. The failure of the Overlay District to perform its duties in a professional and ethical fashion directly affects Olen Properties' ability to develop its properties in a manner consistent with development approvals granted by the City. The Overlay District's failure to operate in a professional manner also precludes the City and its residents from obtaining tangible financial benefits derived from the development of the properties in the form of increased tax revenues and the considerable developmental fees to be paid by Olen Properties in association with its developments. As you are aware, Olen Properties and its representative have met with both City Staff and City Commissioners on numerous occasions in order to advise the City of the manner in which the Overlay District is being operated by its existing Board of Directors. The existing Overlay Board has enacted policies that overstep its authority as set forth within City of Boynton Ordinance 05 -061 ("Enabling Ordinance ") which established the Overlay District and created specific authority and duties granted to the District.' The Overlay District Board has also inexplicitly entangled its procedures for granting governmental permits with regulations enacted by the nongovernmental Quantum Park ' Ordinance 05 -061, attached as Exhibit "A ", specifies the expressed authority granted to the Overlay District. A Dependent District may not enact policies which go beyond the scope of its expressed authority. Page 451 of 458 Lori LaVerriere, City Manager City of Boynton Beach December 18, 2014 Page 2 Property Owner's Association ( "POA ") and has explicitly delegated its ability to grant surface water management permits to the POA's Architectural Review Committee by enacting a policy specifying that it will not review drainage permits unless the POA Architectural Review Committee first gives its approval. The intertwining of the Overlay District's expressed duties to review engineering calculations and plans related to surface water drainage into waterbodies within Quantum Park with the dictates of a nongovernmental entity has resulted in damages to Olen Properties estimated in the millions of dollars. Furthermore, the Overlay District's actions have resulted in an absurd policy that requires Quantum Park property owners seeking permits to install underground drainage pipes that drain into abutting waterbodies to first obtain architectural approval from a nongovernmental entity prior to obtaining their drainage permits. This policy is especially egregious in light of the fact that the Overlay District assesses Quantum Park property owners thousands of dollars per year to maintain the very same waterbodies. That the Overlay District's official governmental duties are so entangled r with the interests of the nongovernmental POA should come as no surprise, given the fact that several Overlay District officials are also affiliated with the POA. As an illustration, one of the Overlay District Board Members also works as an accountant and board member of the POA.' Additionally, the Overlay District Engineer, who is responsible for reviewing surface water permits submitted to the Overlay District, is also an employee of the POA, serving as the POA's Engineer. Although the Overlay District officials indicated above have direct financial ties to the POA and its private management, other District officials have ties of friendship with POA management. It is also of significance that none of the Board Members own property within Quantum Park or represent a property owner in Quantum Park. As a result of the property owners' lack of direct or indirect representation on the Overlay District Board, the Overlay District has evolved into little more than a subsidiary or affiliate of the POA. The Overlay District Board is simply not accountable to the Quantum Park property owners because the Board does not represent the interests of Quantum Park property owners. The stated purpose of the Overlay District was to provide the "best alternative available for delivering the community services and facilities to the area that will be served by the District ". It is also stated within the Enabling Ordinance that the District "will constitute a timely, efficient, responsive and economic way to deliver community services ". The Overlay District has clearly failed in its stated purposes due to the failure of z A copy of the minutes of the Overlay District evidencing the adoption of this policy is attached as Exhibit „ 3 The minutes of the Overlay District board meeting establish that Board Member, Desha Pencheff, also employed as the POA accountant, proffered the motion to establish the policy requiring POA Architectural Review approval before the Overlay District would review drainage permits. Ms. Pencheff also voted in favor of the motion. SACHS SAX CAPLAN 6111 BROKEN SOUND PARKWAY NW • SUITE 200 • BOCA RATON, FL 33487 • TELEPHONE (561) 994 -4499 • TELECOPIER (561) 994 -4985 Page 452 of 458 Lori LaVerriere, City Manager City of Boynton Beach December 18, 2014 Page 3 its Board to restrict the scope of its operations to the functions that it was assigned by the City under the Enabling Ordinance. By entangling itself with the politics and dictates of the POA, the Overlay District has ceased to be an effective governmental arm of the City of Boynton Beach and instead resembles a subsidiary of the dysfunctional nongovernmental POA. As a governmental agency, the duty of the Overlay District is to review engineering plans in an efficient and professional manner and not to delegate their duties to nongovernmental entities, specifically where officials of the Overlay District have a financial relationship with the nongovernmental agencies. Such actions are improper and run counter to the established rationale for the creation of the Overlay District and the expressed goals of the Overlay District. Additionally, due to the fact that Quantum Park is almost fully developed, the regulatory functions that the Overlay District Board has been authorized to provide to Quantum Park properties are no longer essential. The City and South Florida Water Management District already provide necessary regulatory review of development and drainage into Quantum Park waterbodies. These governmental agencies provide the necessary developmental services to Quantum Park property owners and provide oversight regarding proposed development or amendments to existing development in Quantum Park. The Overlay District comprises an unnecessary third layer of governmental regulation. Additionally, instead of providing useful regulatory functions, the Overlay District provides only managerial services for common properties (mainly waterbodies) within the Quantum Park area. These managerial services may be undertaken by either the City or through a professional managerial staff. In fact, it is both beneficial and logical that the managerial functions of the Overlay District should be handled by the City of Boynton Beach either through the auspices of the City or through City professional staff acting as Overlay District board members in order to avoid the type of fiduciary conflicts that are existent in the Overlay District Board. Either of these two alternatives would serve the Quantum Park property owners by bringing back a level of professionalism and accountability to the provision of services in Quantum Park that the Overlay District presently lacks. Olen Properties is thus requesting the City Commission to review and take action to either dissolve the Overlay District or to remove the existing members of the District and place professional staff on the Overlay District Board. The Overlay District was created by the City to deliver community services and facilities to the property owners within Quantum Park. The existing Board has failed to provide such services and has violated the spirit and expressed contents of the Enabling Ordinance. Olen Properties is requesting the City to restore professionalism and accountability to the provision of services in Quantum Park through fulfilling this request. SACHS SAX CAPLAN 6111 BROKEN SOUND PARKWAY NW • SUITE 200 • BOCA RATON, FL 33487 • TELEPHONE (561) 994 -4499 • TELECOPIER (561) 994 -4985 Page 453 of 458 Lori LaVerriere, City Manager City of Boynton Beach December 18, 2014 Page 4 Per your request, we have spoken with several property owners within Quantum Park. We have obtained specific letters of non - objection to our request. We have also received support from other large property owners to our attempt to reform the POA (attached hereto as Exhibit "C "). Although Olen Properties is more imminently affected by the policies and attitudes of the Overlay District Board due to the fact that it owns undeveloped parcels in Quantum Park, it benefits all property owners and residents to restore accountability and professionalism to the provision of services in Quantum Park and to remove the Overlay District, a governmental agency, from the politics of the nongovernmental POA. Thank you in advance for your consideration of this request. We look forward to discussing this matter at an upcoming City Commission hearing in the hope that the City will take action to dissolve the Overlay District or take action to restore the accountability and effectiveness of the Overlay District by removing the existing Board Members and replacing them with professional staff. Very truly yours, SACHS SAX CAPLAN Andre S. Parke ASP /cc Attachments cc: Mayor and City Commission City Attorney SACHS SAX CAPLAN 6111 BROKEN SOUND PARKWAY NW • SUITE 200 • BOCA RATON, FL 33487 • TELEPHONE (561) 994 -4499 • TELECOPIER (561) 994 -4985 Page 454 of 458 13.D. LEGAL 2/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM •T•]► ail► hI&1111 Eel ►I►hl=1 =11 Il► Eel .7_rIf►aKlf►�lZV REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, request is made for a private attorney - client session of the City Commission to discuss pending litigation in the following case: Vincenzo Gurrera, Plaintiff vs. Palm Beach County Sheriff's Office; Florida Department of Financial Services, Division of Insurance Fraud; State of Florida Division of Corporations; City of Boynton Beach, et al., Defendants — United States District Court, Southern District of Florida Case No. 14 -cv- 80815 - Cohn /Seltzer EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non - budgeted None 0NI=1:7► Fill IU / *13 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: •34I CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Memo Description Memo requesting a closed door session on Gurrera litigation Reviewer Action Date Oldbury, Julie Approved 1/21/2015 - 8:33 PM Howard, Tim Approved 1/21/2015 - 1:53 PM LaVerriere, Lori Approved 1/29/2015 - 1:01 PM Page 455 of 458 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney Shana Bridgeman, Assistant City Attorney DATE: January 21, 2015 RE: Request for Private Attorney - Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney - client session of the City Commission to discuss pending litigation in the following case: 1. Vincenzo Gurrera, Plaintiff vs. Palm Beach County Sheriff's Office; Florida Department of Financial Services, Division of Insurance Fraud; State of Florida Division of Corporations; City of Boynton Beach, et al., Defendants — United States District Court, Southern District of Florida Case No. 14 -cv- 80815- Cohn /Seltzer I will be in attendance along with Shana Bridgeman, Esquire, Special Counsel Benjamin Bedard and /or Danna Clement and the City Manager Lori LaVerriere. We will need approximately 45 minutes. The time and date of the private attorney - client session will be set at the February 3, 2015 City Commission meeting. JAC /lms C: \Program Files ( X86 ) \Neevia.Com \Docconverterpro\ Temp \NVDC \1F04695F - 9101 - 4917- 99DC- FE8B74C313AC \Boynton Beach.690.1. Request_For_Ex_Session_- 020315_(Gu rrera). Doc Page 456 of 458 14.A. FUTURE AGENDA ITEMS 2/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM • T•]►► il►► il&1111 Eel ►I►►il=1 =k Il► Eel .7_rIf►aKlf►�lZV REQUESTED ACTION BY COMMISSION: Consideration of Purchase Agreement with Palm Beach County for Lake Ida land - 2/17/15 EXPLANATION OF REQUEST: :[•]q►AT ►114M1:11; FM JJx•1IK•3kl'd:J:Z•Ze3:f_1►►i63•]: M=1:1►T / Eel *' r] FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department F inance Finance City Manager Reviewer Action Date Howard, Tim Approved 1/29/2015 - 1:35 PM 6- coward, Tim Approved 1/29/2015 - 1:35 PM LaVerriere, Lori Approved 1/29/2015 - 3:11 PM Page 457 of 458 14.13. FUTURE AGENDA ITEMS 2/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM • T•]►► il►► il&1111 Eel ►I►►il=1 =k Il► Eel .7_rIf►aKlf►�lZV REQUESTED ACTION BY COMMISSION: Consideration and discussion of Financial Advisory Committee's proposed work topics - 2/17/15 EXPLANATION OF REQUEST: :[•]q►AT ►114M1:11; FM JJx•1IK•3kl'd:J:Z•Ze3:f_1► ►i63•]: M=1:1►T / Eel * r] FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department F inance Finance City Manager Reviewer Action Date Howard, Tim Approved 1/29/2015 - 1:38 PM 6- coward, Tim Approved 1/29/2015 - 1:38 PM LaVerriere, Lori Approved 1/29/2015 - 3:11 PM Page 458 of 458