Agenda 03-18-14 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, MARCH 18, 2014
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor – At Large
Woodrow L. Hay
Vice Mayor – District II
David T. Merker
Commissioner – District I
Michael M. Fitzpatrick
Commissioner – District III
Joe Casello
Commissioner – District IV
Lori LaVerriere
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
Visit our Web site
www.boynton–beach.org
Breeze into Boynton Beach –
America’s Gateway to the Gulfstream
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which
determines the order of business conducted at the meeting. The City Commission will
not take action upon any matter, proposal, or item of business, which is not listed upon
the official agenda, unless a majority of the Commission has first consented to the
presentation for consideration and action.
Consent Agenda Items:
These are items which the Commission does not need to
discuss individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually
in the order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item.
This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public
Hearings, Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the
right to impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section
entitled “Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of
the jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on
the agenda after a motion has been made and properly seconded, with the exception of
Consent Agenda Items that have not been pulled for separate vote, reports,
presentations and first reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record,
your name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption
of the public meeting. An order by the presiding officer issued to control the decorum of the
meeting is binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100
East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the
first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda
Schedule – some meetings have been moved due to Holidays/Election Day).
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1. OPENINGS
A. Call to order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick
D. Brand Promise Statement
Certification of Election Results
Swearing in of Commissioner District II
Swearing in of Commissioner District IV
Presentation of Plaque to Woodrow L. Hay, Vice Mayor
Presentation of Plaque to Joe Casello, Commissioner District IV
Selection of Vice Mayor
Swearing in of Vice Mayor
E. 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 the "Mayor's Award" to representatives of the Barrier Free 5K
Run/Walk winning team. The Mayor will also present a plaque to
representatives of the Realtors Association of the Palm Beaches (RAPB) to
express the City's appreciation of their continued support of Barrier Free Park.
Additionally, the RAPB will present a check representing the proceeds
generated from this year's Barrier Free 5K to the Greater Boynton Beach
Foundation.
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)
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5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards. The following openings exist:
Arts Commission: 1 regular and 2 alternates
Building Board of Adjustment and Appeals: 1 regular and 2 alternates
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 student and 1 student N/V
Financial Advisory Committee: 2 regulars and 2 alternates
Golf Course Advisory Committee: 1 alternate
Library Board: 2 alternates
Recreation and Parks Board: 1 alternate
Senior Advisory Board: 1 alternate
Veterans Advisory Commission: 2 alternates
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. Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility
Fund for the four (4) month period ended January 31, 2014.
PROPOSED RESOLUTION NO. R14-023
B. - Approving a Tri-Party Agreement
replacing the trustee for the City of Boynton Beach, Florida Revenue Bonds
(Charter School of Boynton Beach) Series 2012
C. Approve a $5,000 donation to Boy Scouts America, Gulf Stream Council
D. Approve payment of $59,360 to the City of Boca Raton pursuant to an interlocal
agreement between the City of Boca Raton and the City of Boynton Beach for
the purpose of operating a Biology Processing Laboratory to pre-process DNA
samples obtained by the Boynton Beach Police Department pursuant to
criminal investigations.
E. Approve piggyback of the City of Melbourne, Florida Contract No. 10-118-0-
2009 with Insituform Technologies, Inc. to line approximately 5,000 linear feet
of sewer mains and 23 service reconnections at various locations within the
Utilities Department's service area. The estimated expenditure is $52,137.14.
F. 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 March 18, 2013 - "Request for Extensions and/ Piggybacks".
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G. Accept the written report to the Commission for purchases over $10,000 for the
month of February 2014.
H. Approve the list of top ranked qualifiers as determined by the Evaluation
Committee from the submissions received in response to the Request for
Qualifications for Consultant Services to Modify the Greenway and Bikeway
Master Plan; RFQ No. 023-2730-14/JMA; and authorize City Staff to conduct
negotiations for compensation with the recommended qualifiers according to
Florida State Statute 287.55, Consultants' Competitive Negotiation Act (CCNA).
PROPOSED RESOLUTION NO. R14-024
I. - Authorize the City Manager to
enter into a contract between Digital Caddies, Inc and the City of Boynton
Beach Golf Course for the use of 85 GPS tablets to be installed on our new
Yamaha golf carts.
J. Approve the minutes from the Regular City Commission meeting held on March
4, 2014
7. BIDS AND PURCHASES OVER $100,000
PROPOSED RESOLUTION NO. R14-025
A. - Approve an agreement with
Architects Design Group/ADG of Winter Park, FL for "POLICE FACILITY
DESIGN SERVICES" as a result of RFQ #077-2110-13/JMA to be handled on
a task order basis.
Approve Task Order #1 in the amount of $94,060 for existing site evaluation
and detailed spatial needs assessment and authorize the City Manager to sign.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
A. Approve negotiated settlements in case of Brooke Bosler v. City of Boynton
Beach.
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission
.
A. Approve request for new site plan approval to construct a one-story, 6,200
square foot retail/office building and related site improvements, located at 3008
South Congress Avenue, and zoned M1 (Industrial). Applicant: Bradley Miller,
Miller Land Planning, Inc.
10. CITY MANAGER’S REPORT
None
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11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
A. Consider funding request for Sister Cities Committee in the amount of $967.00
for: 1) annual dues to the Sister Cities International ($680); 2) annual dues to
the state association ($25); 3) State filing fee ($62); and the Boynton Beach
Chamber of Commerce membership dues ($200).
13. LEGAL
PROPOSED ORDINANCE NO. 14-002 - SECOND READING - PUBLIC
A.
HEARING
- Approve Ordinance rescinding Ordinance 13-014 which changed
the land use designation for a parcel of land located at 125 East Ocean Avenue
from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX);
restoring Public and Private Governmental /Institutional (PPGI) land use to the
property.
PROPOSED ORDINANCE NO. 14-004 - FIRST READING
B. - Approve
Ordinance rescinding Ordinance 13-001 which established a local/city historic
designation for the Old High School.
C. 1) Accept report/update from City Attorney on Sober Home legislation per the
PROPOSED RESOLUTION
request of Commissioner Casello; and 2) Adopt
NO. R14-026
- supporting legislative changes being considered by the State
Legislature at this time.
D. 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. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF
BOYNTON BEACH, Defendant - Case No. 502013CA011391XXXXMB AH
(Breach of Contract)
2. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF
BOYNTON BEACH, Respondent - Case No. 502013CA011436XXXXMB AY
(Writ of Certiorari)
14. FUTURE AGENDA ITEMS
A. Discuss allowing a Commissioner to run for Mayor immediately following the
Commissioner's term limit. - TBD
15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE
GULFSTREAM"
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16. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR
SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.
286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE
(561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE
CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE
CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
March 18, 2014
COBB
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March 4, 2014
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RACC:
Presentation of the "Mayor's Award" to
EQUESTED CTION BY ITY OMMISSION
representatives of the Barrier Free 5K Run/Walk winning team. The Mayor will also present a
plaque to representatives of the Realtors Association of the Palm Beaches (RAPB) to express
the City's appreciation of their continued support of Barrier Free Park.
Additionally, the RAPB will present a check representing the proceeds generated from this year's
Barrier Free 5K to the Greater Boynton Beach Foundation.
ER:
The RAPB has organized the Barrier Free 5K Run/Walk for
XPLANATION OF EQUEST
the past two years. Proceeds from this event are donated to the Greater Boynton
Beach Foundation and are used to benefit Barrier Free Park.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Do not make presentation.
LTERNATIVES
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5. A
ADMINISTRATIVE
March 18, 2014
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RACC:
Appoint eligible members of the community to
EQUESTED CTION BY ITY OMMISSION
serve in vacant positions on City advisory boards. The following openings exist:
Arts Commission: 1 regular and 2 alternates
Building Board of Adjustment and Appeals: 1 regular and 2 alternates
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 student and 1 student N/V
Financial Advisory Committee: 2 regulars and 2 alternates
Golf Course Advisory Committee: 1 alternate
Library Board: 2 alternates
Recreation and Parks Board: 1 alternate
Senior Advisory Board: 1 alternate
Veterans Advisory Commission: 2 alternates
.
ER:
The attached list contains the names of those who have
XPLANATION OF EQUEST
applied for vacancies on the various Advisory Boards. A list of vacancies is provided
with the designated Commission member having responsibility for the appointment to fill
each vacancy.
H?
Appointments are necessary to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
keep our Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
March 18, 2014
COBB
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March 18, 2014
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RACC:
Accept the FY 2013 -14 Budget Status Report of
EQUESTED CTION BY ITY OMMISSION
the General Fund & Utility Fund for the four (4) month period ended January 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
four (4) month period ended January 31, 2014 (33% 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.
H?
The annual budget is what
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
provides and controls the resources for City programs and services.
FI:
The annual budget and results to date for the General Fund and Utility
ISCAL MPACT
Fund.
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GENERAL FUND
FY 2013-14FY 2012-13FY 2014 vs. 2013
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 71,267$ 39,02555%$ 69,643$ 37,35854%2%4%
Expenditures$ (71,267)$ (31,418)44%$ (69,643)$ (28,789)41%2%9%
Excess (Deficit)$ -$ 7,607$ -$ 8,569
Revenues & Transfers (Exhibit A) – Budgeted Funding Sources:
Property taxes
and other revenues provide funding sources of $54.3 M or 76% of our total $71.2 M
General Fund budget estimate for FY 2013-14. Transfers from other funds (non-
revenues) provide $16.9 M or 24% of the total funding sources to balance our $71.2 M
General Fund budgeted expenditures.
These three major estimated funding sources are summarized as follows:
1. 36% - $ 25.3 M – Property taxes less Tax Increment Financing to the CRA
2. 40% - $ 29.0 M – All other revenues plus General Fund Balance
3._24% - $ 16.9 M – Transfers from other funds
100% - $ 71.2 M – Total funding sources
The property tax rate for FY 2013-14 was increased from 7.6000 mills to 7.9000 mills;
the net property taxes of $29.7 M in FY 2013-14 represent a 10% increase in property
tax revenue or an increase of $2.7 M from FY 2012-13.
To balance the budget in FY 2013-14, it required transfers from other funds of $16.9 M
representing 24% of all funding sources.
Actual Funding Sources Realized:
At the end of the fourth month in FY 2013-14,
revenues and transfers realized are approximately $39 M of the budget estimate
compared to $37.3 M realized to date in FY 2012-13.
Ad Valorem Taxes, net of discounts and TIF taxes to the CRA
, received to date was
$20.9 M as compared to $19 M for FY 2012-13, as noted on Exhibit A.
Other Revenues: The four major revenue sources other than property taxes:
Franchise Fees
1. realized was $1.58 M or 36% actual collected compared to $1.52 M
or 34% in FY 2012-13.
Business Taxes
2. are due at the beginning of the fiscal year. For FY 2013-14, $1.3 M
or 93% has been collected compared to the FY 2012-13 amount of $1.25 M or 92%.
State Shared revenues
3. of $2.2 M or 32% have been collected in FY2013-14 as
compared to $1.7 M or 26% received in FY 2012-13.
Public Safety revenues
4. at this point is ahead of the budgeted amount; $1.7 M or
41% was received compared to $1.4 M or 37% for FY 2012-13.
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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 2.3% from
$69.6 M to $71.2 M. The budget increase was due to the cost of doing business,
providing funding for additional landscaping, wage increases and increases for
insurance costs.
Actual Expenditures –
General Fund expenditures for the four month period ending
January 31 (33% of the fiscal year) are $31.4 M that is 44% of the $71.2 M expenditure
appropriation for FY 2013-14.
The table at the top of Exhibit B displays actual expenditures of $31.4 M or 44% of the
FY 2013-14 budget. At this point in the fiscal year, spending levels are slightly ahead
compared to the $28.7 M or 41% actual spending levels in FY 2012-13 for this same
period.
UTILITY FUND
The FY 2013-14 annual expenditure budget of $39.1 M represents a $1.4 M increase
from the FY 2012-13 budget of $37.7 M. The operational forecast reflects an increase of
an estimated $49K into the fund balance for FY 2013-14.
FY 2013-14FY 2012-13FY 2014 vs. 2013
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 39,167$ 13,84735%$ 37,719$ 12,74434%4%9%
Expenditures$ (39,167)$ (13,749)35%$ (37,719)$ (13,149)35%4%5%
Excess (Deficit)$ -$ 98$ -$ (405)
For the four month period in FY 2013-14,
Revenues realized are $13.8 M (35%) of the annual budget estimate.
Expenditures incurred are $13.7 M (35%) of the annual appropriated budget.
This results in revenue in excess of expenditures yielding a surplus of approximately
$98 K.
The following provides brief comments on revenues and expenditures to date.
Revenues (Exhibit C) -
The $13.8 M in FY 2013-14 actual revenues and fund balance
have increased over the $12.7 M in FY 2012-13, because of two factors:
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Water Sales - $6.4 M equivalent to 36% of the annual estimate, compared to
$6.1 M or 34% at this point in FY 2012-13.
Water Service Charge - $389 K equivalent to 86% of the annual estimate,
compared to $146 K at this point in FY 2012-13, due to a vigorous collection
process.
Sewer Service - $5.7 M equivalent to 34% of the annual estimate, compared to
$5.5 M or 33% at this point in FY 2012-13.
In FY 2013-14, $ 49 K is being recognized as an added increase to fund balance,
compared to an added increase of $ 1.2 M in FY 2012-13.
Expenditures (Exhibit D)
– Utility Fund FY 2013-14 expenditures to date are $13.7 M
or 35% of the annual appropriation compared to expenditures of $13.1 M or 35% for the
prior fiscal year.
A:
Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting.
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6. B
CONSENT AGENDA
March 18, 2014
COBB
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RACC:
PROPOSED RESOLUTION NO. R14-023 -
EQUESTED CTION BY ITY OMMISSION
Approving a Tri-Party Agreement replacing the trustee for the City of Boynton Beach, Florida
Revenue Bonds (Charter School of Boynton Beach) Series 2012
ER:
In 2012 the City Commission approved an Indenture of Trust
XPLANATION OF EQUEST
between the City of Boynton Beach and Regions Bank, as Trustee. The Trustee has resigned and
the City Commission has been requested to approve a Tri-Party Agreement pursuant to which the
Trustee under the Indenture will be changed from Regions Bank to UMB Bank, N.A.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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RESOLUTION R14-023
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A TRI-PARTY
AGREEMENT RELATED TO THE CITY OF BOYNTON BEACH,
FLORIDA REVENUE BONDS (CHARTER SCHOOLS OF
BOYNTON BEACH) SERIES 2012; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach, Florida is a party to an Indenture of Trust (the
"Indenture"), dated June 1, 2012, between the City and Regions Bank, as trustee; and
WHEREAS,
the City Commission has been requested to approve a Tri-Party Agreement
pursuant to which the trustee under the Indenture will be changed from Regions Bank to UMB
Bank, N.A; 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 and residents of the City of Boynton
Beach to approve and authorize the City Manager to sign a Tri-Party Agreement with Regions
Bank and UMB Bank, N.A.
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 Multi-Party Agreement attached hereto as Exhibit A is hereby
approved by the City and the City Manager is authorized and directed to execute the same on
behalf of the City and the City Clerk is authorized and directed to attest to the same.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of March, 2014.
CITY OF BOYNTON BEACH, FLORIDA
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_____________________________
Mayor – Jerry Taylor
_____________________________
Vice Mayor – Woodrow L. Hay
_____________________________
Commissioner – David T. Merker
_____________________________
Commissioner – Michael M. Fitzpatrick
_____________________________
Commissioner – Joe Casello
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. C
CONSENT AGENDA
March 18, 2014
COBB
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March 18, 2014
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RACC:
Approve a $5,000 donation to Boy Scouts America,
EQUESTED CTION BY ITY OMMISSION
Gulf Stream Council
ER:
Florida Statute 932.7055 (5)(c)1 mandates the following:
XPLANATION OF EQUEST
After July 1, 1992, and during every fiscal year thereafter, any local law
enforcement agency that acquires at least $15,000 pursuant to the Florida
Contraband Forfeiture Act within a fiscal year must expend or donate no
less than 15 percent of such proceeds for the support or operation of any
drug treatment, drug abuse education, drug prevention, crime prevention,
safe neighborhood, or school resource officer program(s).
The Boynton Beach Police Department has a longstanding community
partnership with the Boy Scouts of America (BSA), which serves the youth of our
community. In fact, BSA oversees the structure of our local Police Explorer
chapter, which seeks to introduce teens to a future career in law enforcement.
One of the BBPD’s strategic goals for 2014 is to positively impact 2,000 juveniles
within our community through financial assistance, mentorship opportunities, or
empowerment programs. I certify that this donation fulfills both our legal
obligation under §932 and the strategic intent of this departmental goal.
H?
Educational and personal
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
development for youth residing in the Boynton Beach of Boynton Beach community.
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FI:
There are sufficient funds ($77,479.58) in the law enforcement trust
ISCAL MPACT
fund (account number 691-5000-590-04-25) to provide this donation.
A:
There are no alternatives as Florida State Statute mandates this.
LTERNATIVES
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6. D
CONSENT AGENDA
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve payment of $59,360 to the City of Boca
EQUESTED CTION BY ITY OMMISSION
Raton pursuant to an interlocal agreement between the City of Boca Raton and the City of
Boynton Beach for the purpose of operating a Biology Processing Laboratory to pre-process
DNA samples obtained by the Boynton Beach Police Department pursuant to criminal
investigations.
ER:
The City of Boynton Beach entered into a Tri-Party Inter-
XPLANATION OF EQUEST
Local agreement with the cities of Boca Raton and Delray Beach in July 2010
(Resolution R10-092) for the operation of a pre-screening DNA Laboratory. As part of
the agreement the City agreed to pay proportionate amount of the annual cost of the
operational expenditures.
The Boynton Beach Police Department investigates numerous crimes where forensic
evidence in the form of DNA is recovered. The perpetrator of a crime may deposit
bodily fluids or tissue of various types at the scene of a crime by simply touching an
object or surface, or contact with a victim involving sexual assault or battery. The bodily
fluids and tissue often contain DNA which is a chemical identifier unique to every
individual and considered a more accurate identifier than even fingerprints. The police
department has utilized DNA evidence in over 200 successful prosecutions including a
cold case homicide from 1986. Our officers and detectives submit approximately 700
laboratory testing requests to the Palm Beach County Sheriffs Officer (PBSO) each year
in an effort to identify those persons connected with the various crimes committed in our
city. As more and more DNA profiles are collected from individuals pursuant to state
statutes requiring certain persons charged or convicted of major felonies to provide a
DNA sample, identifications become more prevalent. The PBSO crime lab has the
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capability to collect and analyze DNA samples; however, the process is expensive and
labor intensive. Currently, PBSO does not charge us for DNA or any forensic analysis
performed pursuant to a criminal investigation. However, the PBSO crime lab is
overburdened with the number of testing requests from the various law enforcement
agencies in the county resulting in a prioritization of cases with DNA samples and
delays in testing for most cases can last many months or over a year. Delays in
processing of the DNA samples can negate a successful prosecution or allow those
responsible for major crimes to leave the jurisdiction or the county before probable
cause is established in order to make an arrest.
The most labor intensive and time consuming process related to DNA testing is
determining if a suitable sample is present and if so, extracting the sample and
converting it to its testable form. The Chiefs of Police for Boynton Beach, Boca Raton,
and Delray Beach considered the problems with the PBSO Crime Lab backlog of cases
and determined that a pre-screening laboratory would facilitate a timely resolution to our
case submissions while providing relief to the PBSO lab. The city of Boca Raton
proposed the establishment of a pre-screening lab at their facility with the cities of
Delray Beach, Boynton Beach and eventually others, paying a proportion of the
operational costs. The City of Boynton Beach’s share of the cost for the current year is
$59,360.00
H?
Since activation of the Boca Raton
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
pre-screening lab, turn-around time on our major case DNA submissions has been
reduced by approximately 50%.
FI:
Funds in the amount of $59,360.00 would be taken from the Federal
ISCAL MPACT
Law Enforcement Trust Fund account (691-5000-590-04-25) which currently shows a
balance of $77,479.58. The LETF funds may be expended for law enforcement
purposes upon request of the chief of police to the governing body of the municipality.
A:
Payment required by interlocal agreement.
LTERNATIVES
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6. E
CONSENT AGENDA
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve piggyback of the City of Melbourne,
EQUESTED CTION BY ITY OMMISSION
Florida Contract No. 10-118-0-2009 with Insituform Technologies, Inc. to line approximately
5,000 linear feet of sewer mains and 23 service reconnections at various locations within the
Utilities Department's service area. The estimated expenditure is $52,137.14.
BIDTERM:A
1,2013THROUGHM31,2015
PRIL ARCH
ER:
Piggyback the City of Melbourne Contract No. 10-118-0-2009 with
XPLANATION OF EQUEST
Insituform Technologies, Inc. with the same terms, conditions, specifications and pricing to line
approximately 5,000 linear feet of sewer mains and 23 service reconnections at multiple locations
within the City of Boynton Beach Utilities’ service area for an estimated dollar value of
$52,137.14. The contract was awarded to Insituform Technologies, Inc. following a
competitive bid process and the City of Melbourne has chosen to extend it for two more
years until March 31, 2015. The Utilities Department has used Insituform Technologies, Inc.
in the past for the same type of services and it has performed satisfactorily. The City of
Melbourne complied with Public Contract Bid requirements equal to the City of Boynton Beach
requirements.
H?
The City of Boynton Beach has
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
over 160 sewer stations which are connected to a network of sewer pipes used to
convey sewage water collected from homes and businesses within the City’s service
area to the South Central Regional Wastewater Plant for processing and treatment. As
part of our routine maintenance program, we have televised several sewer lines within
our service area which require our immediate attention. These sewer lines have cracks
that if ignored will cause the formation of sinkholes as is already the case in some
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areas. In addition, these cracks introduce both infiltration and sand into the piping
network, which cause the pumps to run longer hours (more power consumption) and the
impellers to wear out prematurely (higher replacement rate). Some of the sewer lines
are in easements, but some are under roadways such as Secreast Boulevard and other
roads inside the Leisureville Community. Staff has been using shellrock to backfill these
sinkholes.
To prevent further deterioration and to permanently fix these problem areas, we
propose the piggybacking of the contract that City of Melbourne has with Insituform
Technologies, LLC. We believe this approach to be most beneficial to the City of
Boynton Beach both in terms of cost and quality of work.
FI:
Funds are budgeted in account 401-2815-536-46-42. These repairs
ISCAL MPACT
were budgeted for and were approved for the current fiscal year. It will slow the
deterioration of our equipment, extend their life time, reduce replacement and power
consumption costs.
A:
The City of Boynton Beach could issue its own bid for this service, but
LTERNATIVES
the City benefits from bid pricing secured by a governmental agency offering a larger
scope of work.
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6. F
CONSENT AGENDA
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the one-year extension for RFPs/Bids
EQUESTED CTION BY ITY OMMISSION
and/ or piggy-backs for the procurement of services and/or commodities as described in the
written report for March 18, 2013 - "Request for Extensions and/ Piggybacks".
ER:
XPLANATION OF EQUEST
As required, the Finance/Procurement Department submits requests for award to the
Commission; requests for approval to enter into contracts and agreements as the result
of bid solicitations; and to piggy-back governmental contracts. Options to extend or
renew are noted in the “Agenda Request Item” presented to Commission as part of the
initial approval process. Procurement seeks to provide an accurate and efficient
method to keep the Commission informed of pending renewals and the anticipated
expenditure by reducing the paperwork of processing each renewal and/or extension
individually and summarizing the information in a monthly report (as required).
VENDOR CONTRACT BID RENEWAL TERM
The Gehring Group Benefits Consultant April 1, 2014 to March 31, 2015.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
This renewal report will be used for those bids, contracts/agreements and piggy-backs
that are renewed/extended with the same terms and conditions and pricing as the initial
award.
FI:
Funds have been budgeted under line items as noted on the attached
ISCAL MPACT
report.
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A:
Not approve renewals and require new bids to be issued.
LTERNATIVES
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6. G
CONSENT AGENDA
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the written report to the Commission for
EQUESTED CTION BY ITY OMMISSION
purchases over $10,000 for the month of February 2014.
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1
XPLANATION OF EQUEST
Exceptions to competitive bidding, Paragraph b, which states: “Further, the City
Manager, or in the City Manager’s absence, the Acting City Manager is authorized to
execute a purchase order on behalf of the City for such purchases under the $25,000
bid threshold for personal property, commodities, and services, or $75,000 for
construction. The City Manager shall file a written report with the City Commission at
the second Commission meeting of each month listing the purchase orders approved by
the City Manager, or Acting City Manager. Below is a list of the purchases for February
2014:
Purchase Order Vendor Amount
140745 Hudson Pump & Equipment $ 16,379.00
140746 Fl. Bearings, Inc. $ 19,996.00
140747 Mathews Consulting, Inc. $ 21,516.00
140748 Waco $ 10,035.00
140776 LMK Pipe Renewal LLC $ 19,250.00
140801 Xylem Water Solutions USA $ 12,811.00
140802 Xylem Water Solutions USA $ 11,811.35
H?
Ordinance No.01-66, Chapter 2,
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Section 2-56.1 assists departments in timely procurement of commodities, services, and
personal property. Administrative controls are in place with the development of a
special processing form titled “Request for Purchases over $10,000” and each purchase
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request is reviewed and approved by the Department Director, Finance Department,
and City Manager.
FI:
This Ordinance provides the impact of reducing paperwork by
ISCAL MPACT
streamlining processes within the organization. This allows administration to maintain
internal controls for these purchases, reduce the administrative overhead of processing
for approval, and allow for making more timely purchases.
A:
None
LTERNATIVES
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6. H
CONSENT AGENDA
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the list of top ranked qualifiers as
EQUESTED CTION BY ITY OMMISSION
determined by the Evaluation Committee from the submissions received in response to the
Request for Qualifications for Consultant Services to Modify the Greenway and Bikeway Master
Plan; RFQ No. 023-2730-14/JMA; and authorize City Staff to conduct negotiations for
compensation with the recommended qualifiers according to Florida State Statute 287.55,
Consultants' Competitive Negotiation Act (CCNA).
ER:
XPLANATION OF EQUEST
The City issued a Request for Qualifications on November 22, 2013 seeking the design
services of an architectural, planning, and/or engineering firm capable of providing
urban design, community planning, and multimodal transportation design services to
update and modify the City’s existing Greenway and Bikeway Master Plan. On January
23, 2014, the City received three responses to this Request for Qualifications. The
responses were reviewed and evaluated by the Evaluation Committee and a Public
Meeting was held on March 5, 2014 to reveal the scores from each Committee Member.
The summary results are as follow:
FIRM SCORE (Maximum – 400) RANKING
Kimley-Horn 390 1
Street Plans Collaborative 340 2
Chen Moore 293 3
City staff decided not to request oral interviews from the three highest ranked firms, but
if desired, City Commission may request oral presentations.
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Based on the ranking, staff is requesting authorization to negotiate a contract with
established hourly rates with Kimley-Horn and Associates of Delray Beach, Florida. If a
contract cannot be successfully negotiated between Kimley-Horn and the City of
Boynton Beach, the City will commence negotiations with the second-ranked firm; and if
necessary, the third ranked firm. After successfully negotiating a contract for the
services as outlined in the RFQ, approval of the contract will be requested of the City
Commission.
The RFQ Scope of Services outlines a list of specific services to be performed by the
awarded consultant with a list of deliverables that will include a final report.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
By providing staff with the ability to negotiate a contract for an updated Master Plan that
will increase non-motorized transportation, connect urban and natural areas, and
increase recreation and conservation activities in the City.
FI:
ISCAL MPACT
There is no fiscal impact as a result of this approval; a contract between the City and
the selected firm will be submitted to Commission for approval.
A:
LTERNATIVES
City Commission may request oral presentations from the qualifiers and after oral
presentations may agree with the Evaluation Committee or change the rankings. Or,
not approve the rankings as provided by the Evaluation Committee and request that a
new RFQ be advertised.
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6. I
CONSENT AGENDA
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-024 -
EQUESTED CTION BY ITY OMMISSION
Authorize the City Manager to enter into a contract between Digital Caddies, Inc and the City of
Boynton Beach Golf Course for the use of 85 GPS tablets to be installed on our new Yamaha
golf carts.
ER:
XPLANATION OF EQUEST
The 85 GPS tablets are the latest technology to be put on golf carts to help all golfers
navigate where they are going around the golf course and how far it is from their
location on the course to the green they are playing. The GPS units we used on our old
carts are outdated and The Links at Boynton Beach Golf Course does not want to put
old technology on our new golf carts. To stay competitive with other courses and the
golfing customers’ needs, we need to stay current with new technology.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Installing the latest GPS tablets on our golf carts will enhance the customers’ overall
golfing experience along with helping to speed up our pace of play. The GPS tablet is
also a promotion tool that will bring golfers in to play our much improved golf course.
FI:
ISCAL MPACT
The old-style units cost the golf course $6000 a year. There is no cost to the City for the
new GPS tablets because the vendor generates revenue through advertising placed on
the tablet.
A:
Do not approve contract and purchase GPS tablets for the golf carts.
LTERNATIVES
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To not have the latest GPS tablets on our golf carts would be a possible financial loss to
our revenue source, as most golf courses and golfers these days expect them to be on
the golf carts. We would not be keeping up with our local area competitors.
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RESOLUTION NO. R14-024
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO A SERVICES AGREEMENT WITH DIGITAL
CADDIES, INC., FOR THE USE OF 85 GPS TABLETS TO
BE INSTALLED ON THE NEW YAMAHA GOLF CARTS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
GPS tablets are the latest technology to be put on golf carts to help all
golfers navigate where they are going around the golf course and how far it is from their location
on the course to the green they are playing; and
WHEREAS
, to stay competitive with other courses and the golfing customers’ needs we
need to stay current with new technology; and
WHEREAS,
installing the latest GPS tablets on our golf carts will enhance the
customers’ overall golfing experience along with helping to speed up our pace of play; 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 a Service Agreement with Digital
Caddies, Inc., for the use of 85 GPS tablets to be installed on our new Yamaha golf carts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
approve a Service Agreement with Digital Caddies, Inc., for the use of 85 GPS tablets to be
installed on the City’s new Yamaha golf carts; and authorize the City Manager to execute the
Agreement, a copy of which is attached hereto as Exhibit “A”.
Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED
this _____ day of March, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
_________________________
Janet M. Prainito, MMC,
City Clerk
(Corporate Seal)
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DIGITAL CADDIES, INC.
SERVICES AGREEMENT
This agreement is made at (time) _______________________________
BETWEEN (Partner):
Company Name
Represented By/Position
Company Address
Golf Course Name(s) SEE EXHIBIT A
Golf Course Address(s) SEE EXHIBIT A
AND: Digital Caddies US Inc., corporation legally incorporated under the terms of the Nevada laws, having
its main office at 15210, North Scottsdale Rd. Suite 280, Scottsdale, AZ 85254, USA represented by
Michael Loustalot, President, duly authorized as they declare; (hereafter called « DCI»)
WHEREAS the purpose of the agreement is to outline the terms of the installation of a wirelessly connect
tablet based network developed by DCI for use on the golf course operated by Partner (hereinafter to be
referred to as the “System”, the individual components of which shall hereinafter be referred to as the
“Products”).
AND WHEREAS the Partner and DCI desire that DCI install the System for use on the Partner’s golf course
under the terms and conditions in this Agreement.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration for the mutual covenants and
agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, DCI and the Partner hereby agree as follows:
TITLE Title to the System and all information developed or collected in connection with the use of the
System is and shall remain in DCI. DCI may remove the System or any Product at any time after the
termination of the Term. All Products are moveable personal property and not real or immovable, even
though affixed to real property or placed on a permanent foundation. The Partner shall not change or
remove any insignia, lettering or other mark placed on the Products by DCI.
TERM This Agreement shall continue for 36 months after the system is installed at Partner’s golf course
and will renew upon the mutual written agreement of both DCI and the Partner.
INSTALLATION DCI or their affiliates shall install and configure the System at the Partner’s golf course at a
date to be mutually agreed upon.
ACCEPTANCE Upon installation of the System, the Partner shall execute and return a Delivery and
Acceptance Certificate outlining the Products installed at the golf course.
HOUSE ADS DCI agrees to provide free of charge to Partner up to 10% of ad impressions generated on the
Partner’s golf courses. The Partner can use this impression inventory for their own use to promote their
goods and services to their customers or can choose to sell these impressions to advertisers for their own
income. Partner/advertiser must provide all creative needed at their own expense (DCI can provide
discounted creative through 3rd party) DCI must approve all advertisements.
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RESTRICTION LIST It is understood that that DCI’s primary source of revenue to cover all costs related to
providing the Players Network for FREE is derived by advertising revenue generated by DCI. Partner has the
right to submit a reasonable “restriction list” outlining advertisers they consider competitive or deem to be
morally offensive. Upon installation of the Players Network on the Partner’s golf Course, Partner agrees to
allow all advertisers not on the restriction list to advertise on the Players Network.
SITE PREPARATION AND ONGOING MAINTENANCE It is understood that Partner will take an active role with
the installation and operation of the System. Please refer to Exhibit B for Partner Responsibilities.
FEES By executing this agreement prior to ______________, all fees will be waived. There will be no
required payment from the Partner.
Installation Fee $50.00/per cart: _____N/A_____
Installations Reservation Cancellation Fee $2,500: _____N/A_____
Penalties and Interest. _____N/A_____
REPRESENTATIONS AND WARRANTIES Each party represents and warrants to the other party that: (a) it has
the full right and authority to enter into and perform this Agreement; (b) the person signing this Agreement
on behalf of that party has been duly authorized to do so; (c) entry into and performance of this Agreement
does not require any consents or approvals not obtained, nor does it violate any agreements to which such
party is a party; and (d) this Agreement constitutes a valid, binding and enforceable obligation of such party.
ADDITIONAL OBLIGATIONS
Duty of Care. The Partner (a) shall exercise reasonable care with respect to its possession and use of
the System and all Products; (b) shall not alter the System or any Product; and (c) shall use its best
efforts to avoid damaging any and all Product.
Loss or Damage. On an annual basis DCI shall insure damage to the Products, other than that arising
from ordinary wear and tear, in an amount no more than 10% of the Products outlined in Exhibit A. If
the Products, as described on Exhibit A, are lost or damaged other than as arises from ordinary wear
and tear, and in excess of the aforementioned insurance, then the Partner shall purchase replacement
Products from DCI at a cost as per Exhibit A.
MAINTENANCE DCI shall maintain and repair the System as needed. DCI will train Partner staff and leave
spare replacement parts to ensure a quick turnaround time for repairs to be completed. Should staff not be
able to repair the system, DCI will provide support via telephone/email or web. If required, DCI will dispatch
personnel to the site.
DEFAULTS The occurrence of any one or more of the following events shall constitute a material default
and breach of this Agreement by the Partner (“Event of Default”).
Misuse. The Partner fails to use reasonable care with respect to the System or any Product and such
failure continues for THIRTY (30) or more calendar days after DCI gives written notice to the Partner of
such.
DCI’s REMEDIES In addition to any other legal or equitable remedy permitted by law, upon an Event of
Default, DCI shall have the right to terminate this Agreement and to retrieve all products and/or payment
for replacement value of the products as outlined in Exhibit A.
PARTNERS REMEDIES If DCI fails to perform its obligations under this Agreement, the Partner shall give
written notice to DCI setting forth in reasonable detail the nature of the breach (the “Notice”). If DCI does
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not cure the breach within THIRTY (30) calendar days following receipt of the Notice, the Partner shall have
the right to terminate this Agreement; provided, however, that if DCI is unable, acting reasonably, to remedy
the breach within THIRTY (30) calendar days, a THIRTY (30) day period shall be extended for as long as DCI
diligently pursues such corrective action in a prompt and reasonable manner.
NO REMOVAL During the term of the Agreement Partner shall not remove or attempt to remove any Product
from its golf course without the prior written consent of DCI.
ASSIGNMENT DCI may assign any or all of its rights, and obligations hereunder after written notice to the
Partner. The Partner is given the right to cancel the Agreement in the event of Assignment. The Partner shall
not assign or transfer, whether voluntarily or involuntarily, its interest under this Agreement without first
obtaining DCI’s prior written consent in each instance, which consent will not be unreasonably withheld.
Any attempted transfer without DCI’s prior written consent shall be null and void.
SEVERABILITY If any provision of this Agreement is deemed invalid or unenforceable to any extent by a
court of competent jurisdiction then the remainder of this Agreement and the affected provision, to the
extent it is not held invalid, shall be valid and enforceable to the fullest extent permitted by law.
GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida.
RELATIONSHIP OF THE PARTIES Nothing contained in this Agreement shall be construed as creating a
relationship of employment, agency or partnership between DCI and the Partner.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed:
DCI: Partner:
By: By:
Name: Michael Loustalot Name:
Title: President Title:
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Exhibit A
Course Information:
Number of Holes
Number of Golf Carts
Make/Model of Golf Carts
Gas or Electric
Cart Lease End Date
Annual Rounds on Carts
Other specifics
Equipment required (subject to change)
# Equipment Replacement Cost
Tablets Required $299
Cart Mounts and related equipment $99
Detailed Contact Information:
Administrative Contact Name Course ‘Champion’ Contact Name:
Position: Position:
Email: Email:
Phone : Phone :
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Mobile Phone: Mobile Phone:
Notes Notes
EXHIBIT B
Roles and Responsibilities for golf course and course Champion.
Digital Caddies requires the golf course to provide a member of their staff to take on the role of course
“Champion”.
Champion’s Role & Definition
The golf course Champion is a golf course compensated individual who is available to assist DCI with pre-
installation, installation and post-installation support of DCI products. They are responsible for various steps
involving the golf carts and DCI product care. They will be required to participate in the stages of installation
as well as any follow up support that may be needed.
The Champion’s responsibilities are the following:
1.Pre-installation day duties:
a.Receive DCI inventory for installation.
b.Count and secure inventory for installation day.
c.Have golf course GM initial DCI inventory count – Scan and send back to DCI.
d.To install the “U” bolt assembly on golf cart fleet (instruction video included). Tools
needed: wireless drill and 7/16” socket bit.
Note: IF this is not completed prior to the installation day a “U” bolt installation fee of $600 per 80 cart fleet
will be charge to the golf course.
2.Installation day duties: The Champion will be available to assist installers exclusively while
installers are on the golf course property. These specific tasks are required:
a.Golf cart relocation (in and out of cart barn)
b.Placing DCI inventory (tablet, converter wires, zip ties, 3.5” mounting arm, etc.) on each
golf cart, as golf carts are in position for installation.
c.Tablet programming-club code and golf cart #
d.Watching and learning the installation process
e.Trash removal
3.Post-Installation day duties:
a.Care and any maintenance necessary
b.Client Feedback
c.Tablet service parts exchange.
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6. J
CONSENT AGENDA
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the minutes from the Regular City
EQUESTED CTION BY ITY OMMISSION
Commission meeting held on March 4, 2014
The City Commission met on March 4, 2014 and minutes were prepared from the notes
taken at the meetings. The Florida Statutes provide that minutes of all Commission
meetings be prepared, approved and maintained in the records of the City of Boynton
Beach.
H?
A record of the actions taken by
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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7. A
BIDS AND PURCHASES OVER $100,000
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-025 -
EQUESTED CTION BY ITY OMMISSION
Approve an agreement with Architects Design Group/ADG of Winter Park, FL for "POLICE
FACILITY DESIGN SERVICES" as a result of RFQ #077-2110-13/JMA to be handled on a task
order basis.
Approve Task Order #1 in the amount of $94,060 for existing site evaluation and detailed spatial
needs assessment and authorize the City Manager to sign.
TA:O(1),
ERM OF GREEMENT NE YEAR FROM EXECUTION OF AGREEMENT ANNUAL RENEWAL
,.
BASED ON CITY COMMISSION APPROVAL UNDER THE SAME TERMS AND CONDITIONS
ER:
On November 19, 2013 the City Commission approved the
XPLANATION OF EQUEST
list of top ranking qualifiers identified by the Evaluation Committee from the responses
received from RFQ #077-2110-13/JMA for Police Facility Design Services and
authorized staff to negotiate with Architects Design Group/ADG, the top ranked qualifier.
The RFQ was advertised and submittals opened on September 12, 2013 The City
received and reviewed seven (7) submittals and submitted the top three (3) ranked
qualifiers to the City commission on November 19, 2013 for their approval and
authorization to move forward with negotiations for compensation of services with
Architects Design Group/ADG, according to Florida State Statute 287-55, Consultants’
Competitive Negotiations Act.
ADG will provide services of a qualified Architectural/Engineering firm capable of
providing professional services for the design and construction of a new Police Facility
at the southeast corner of Gateway Boulevard and High Ridge Road.
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Desired services shall include, but may not necessarily be limited to, conceptual design
and space planning, cost estimates, preparation of bidding documents including all
specifications and special/general provisions, technical oversight during construction to
include submittal reviews and site inspection, and preparation of record drawings.
Individual task orders will be generated as specific actions are realized. There may be
other related tasks not mentioned that will be required during the course of the
agreement. The scope of services is provided as Attachment “A” and the negotiated
Fee schedule is provided as Attachment “B” to the agreement.
A task order will be issued for individual tasks, determined by city staff, and consultant
will prepare a cost estimate for the specific task order in accordance with the hourly
rates included in the executed agreement or by fixed-fee amount.
Task orders in excess of $25,000 will be brought back to the City Commission for
approval.
H?
This agreement will provide for the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
issuance of task orders in connection with projects included under the scope of
services. Individual task orders in excess of $25,000 will be brought back to City
Commission for approval.
FI:
The costs of the individual task orders will be paid from approved CIP
ISCAL MPACT
projects or budgets within the City’s Adopted Budget.
A:
Not approve the contract and re-issue RFQ’s.
LTERNATIVES
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RESOLUTION NO. R14-025
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT WITH
ARCHITECTS DESIGN GROUP/ADG OF WINTER PARK, FL FOR
“POLICE FACILITY DESIGN SERVICES” AS A RESULT OF THE RFQ
#077-2110-13/JMA TO BE HANDLED ON A TASK ORDER BASIS;
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE AGREEMENT FOR POLICE FACILITY DESIGN
SERVICES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, on November 19, 2013 the City Commission approved the list of top
ranking qualifiers identified by the evaluation Committee from the responses received to
RFQ #077-2110-13/JMA for Police Facility Design Services and authorized staff to negotiate
with Architects Design Group/ADG, the top ranked qualifier; 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 the Agreement for Police Facility Design Services with Architects
Design Group/ADG of Winter Park, FL as a result of RFQ #077-2110-13/JMA to be handled
on a task order basis; and authorizes the City Manager and City Clerk to sign the Agreement.
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.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the Agreement for Police Facility Design Services with Architects Design
Group/ADG of Winter Park, FL as a result of RFQ #077-2110-13/JMA to be handled on as
task order basis.
Section 3. The City Commission authorizes the City Manager and City Clerk to
execute the Agreement for Police Facility Design Services with Architects Design
Group/ADG of Winter Park, FL, a copy of which is attached hereto as Exhibit “A.”
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Section 4. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS 18th day of March, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST: _______________________________
Commissioner – Joe Casello
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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AGREEMENT FOR POLICE FACILITY DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
ARCHITECTS DESIGN GROUP/ADG, INC. OF WINTER PARK, FL
as “CITY”, and _____,
hereinafter referred to as “CONSULTANT”, in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of
Boynton Beach solicited proposals for a Contract to perform professional services with
an engineering firm for required services, and
WHEREAS, THE CITY issued a Request for Qualifications for Police Facility Design
Services, RFQ No. 077-2110-13/JMA and
WHEREAS, RFQ No. 077-2110-13/JMA defined Scope of Services and described in
Attachment “A”, with hourly rates.
WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to
perform the scope of services set forth in the Request for Qualifications; and
WHEREAS, the CITY Commission on _NOVEMBER 19__, 2013, determined that
CONSULTANT was qualified for appointment to perform the scope of services set forth in the
Request for Qualifications; 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.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
ARTICLE 1 - SERVICES
CONSULTANT agrees to perform Police Facility architectural/engineering services by
way of individual task orders, at the request of the CITY during the term of this Agreement,
including the provision of all labor, materials, equipment and supplies.
The CITY’s Project Manager during the performance of this Contract shall be__Jeff
Livergood, Director of Public Works____ telephone (561) 742-_6201__.
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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 - TIME OF PERFORMANCE
Work under this Contract shall commence upon the giving of written notice by the CITY
to the CONSULTANT by way of an executed task order. CONSULTANT shall perform all
services and provide all work product required pursuant to this Agreement and the specific task
order, unless an extension of time is granted in writing by the CITY.
ARTICLE 4 - PAYMENT
The CONSULTANT shall be paid by the CITY for completed work and for services
rendered under this agreement as follows:
a. 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.
b. 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.
c. 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.
ARTICLE 5 - 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 6 - 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 in the annual budget for each
fiscal year of this Agreement, and is subject to termination based on lack of funding.
ARTICLE 7 - WARRANTIES AND REPRESENTATIONS
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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 at the sole and absolute
discretion of the CITY.
ARTICLE 8 - COMPLIANCE WITH LAWS
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 9 - INDEMNIFICATION
CONSULTANT shall indemnify, defend and hold harmless the CITY, its officers, 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 10 - INSURANCE
10.1 During the performance of the services under this Contract, CONSULTANT shall
maintain the following insurance policies, and provide originals or certified copies
of all policies, and shall be written by an insurance company authorized to do
business in Florida.
10.1.1 Worker’s Compensation Insurance: The CONSULTANT shall procure
and maintain for the life of this Contract, Worker’s Compensation
Insurance covering all employees with limits meeting all applicable state
and federal laws. This coverage shall include Employer’s Liability with
limits meeting all applicable state and federal laws. This coverage must
extend to any sub-Consultant that does not have their own Worker’s
Compensation and Employer’s Liability Insurance. The policy must
contain a waiver of subrogation in favor of the CITY of Boynton Beach,
executed by the insurance company.
10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and
maintain for the life of this Contract, Comprehensive General Liability
Insurance. This coverage shall be on an “Occurrence” basis. Coverage
shall include Premises and Operations; Independent Contractors,
Products Completed Operations and Contractual Liability with specific
reference of Article 7, “Indemnification” of this Agreement. This policy
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shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
CONSULTANT shall maintain 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. The general liability
insurance shall include the CITY as an additional insured and shall
include a provision prohibiting cancellation of the policy upon thirty (30)
days prior written notice to the CITY.
10.1.3 Business Automobile Liability: The CONSULTANT shall procure and
maintain, for the life of this Contract, Business Automobile Liability
Insurance. The CONSULTANT shall maintain a minimum amount of
$300,000 combined single limit for bodily injury and property damage
liability to protect the CONSULTANT from claims for damage for bodily
and personal injury, including death, as well as from claims for property
damage, which may arise from the ownership, use of maintenance of
owned and non-owned automobile, included rented automobiles, whether
such operations be by the CONSULTANT or by anyone directly or
indirectly employed by the CONSULTANT.
10.1.4 Professional Liability (Errors and Omissions) Insurance: The
CONSULTANT shall procure and maintain for the life of this Contract in
the minimum amount of $1,000,000 per occurrence.
10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-
contractors comply with the same insurance requirements referenced above.
10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the
CONSULTANT of additional liability insurance coverage or coverage which is
different in kind, the CITY reserves the right to require the provision by
CONSULTANT of an amount of coverage different from the amounts or kind
previously required and shall afford written notice of such change in requirements
thirty (30) days prior to the date on which the requirements shall take effect.
Should the CONSULTANT fail or refuse to satisfy the requirement of changed
coverage within the thirty (30) days following the CITY’s written notice, the CITY,
at its sole option, may terminate the Contract upon written notice to the
CONSULTANT, said termination taking effect on the date that the required
change in policy coverage would otherwise take effect.
10.4 CONSULTANT shall, for a period of two (2) years following the termination of the
Agreement, maintain a “tail coverage” in an amount equal to that described
above for Comprehensive Liability Insurance on a claims-made policy only
ARTICLE 11 - INDEPENDENT CONTRACTOR
11.1 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
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industrial insurance program, otherwise assuming the duties of an employer with
respect to CONSULTANT, or any employee of CONSULTANT.
11.2 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
as discussed in Article 23.
ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that he has not employed or retained any company or
person, other than a bonafide employee working solely for the CONSULTANT, to solicit or
secure this Agreement, and that he has not paid or agreed to pay any company or person, other
than a bonafide employee working solely for the CONSULTANT, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from
the award or making of this 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.
ARTICLE 13 – TRUTH-IN-NEGOTIATION CERTIFICATE
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 14 - 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.
ARTICLE 15 - 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 16 - NON-WAIVER
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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.
ARTICLE 17 – TERMINATION
17.1 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.
17.2 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 18 - DISPUTES
Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated
within the courts of Florida. Further, this Agreement shall be construed under Florida Law.
ARTICLE 19 – UNCONTROLLABLE FORCES
19.1 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.
19.2 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
describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
ARTICLE 20 - NOTICES
Notices to the CITY of Boynton Beach shall be sent to the following address:
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City of Boynton Beach
Attn: Jeff Livergood
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425
Notices to CONSULTANT shall be sent to the following address:
Architects Design Group/ADG,Inc
ATTN: Ian Reeves
333 North Knowles Avenue
Winter Park, FL 32289
ARTICLE 21 - INTEGRATED AGREEMENT
This Agreement, together with the RFQ #077-2110-13/JMA 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.
ARTICLE 22 - SOVEREIGN IMMUNITY
22.1 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.
22.2 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.
1. 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.
2. The parties agree that any action arising out of this Agreement shall take
place in Palm Beach County, Florida.
ARTICLE 23 – PUBLIC RECORDS
The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The
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contractor shall comply with Florida’s Public Records Law. Effective July 1, 2013, Section
119.071, Fla. Stat., the contractor shall:
1. Keep and maintain public records that ordinarily and necessarily would be required by
the City in order to perform the service;
2. Provide the public with access to such public records on the same terms and conditions
that the City would provide the records and at a cost that does not exceed that provided in
chapter 119, Fla. Stat., or as otherwise provided by law;
3. Ensure that public records that are exempt or that are confidential and exempt from
public record requirements are not disclosed except as authorized by law; and
4. Meet all requirements for retaining public records and transfer to the City, at no cost, all
public records in possession of the contractor upon termination of the contract and destroy
any duplicate public records that are exempt or confidential and exempt. All records stored
electronically must be provided to the City in a format that is compatible with the information
technology of the agency.
Failure of the contractor to comply with the provisions set forth in this General Condition
shall constitute a Default and Breach of the Agreement with the City.
IN WITNESS WHEREOF
, the parties hereto have executed this Contract in multiple copies,
each of which shall be considered an original on the following dates:
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DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH
_________________________________ _________________________
City Manager CONSULTANT
Attest/Authenticated:
__________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
________________________________ _______________________________
Office of the City Attorney Secretary
ATTACHMENT “A”
POLICE FACILITY DESIGN SERVICES
RFQ No.: 077-2110-13/JMA
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SCOPE OF SERVICES AND
PROJECT INFORMATION
1.1BACKGROUND:
The City of Boynton Beach, Florida provides critical Police public safety services for its
population of approximately 68,000 residents. The Police Department currently operates
its services at a facility in the City Hall Complex, 100 East Boynton Beach Boulevard.
The current Police facility is slightly less than 20,000 square feet and is woefully
undersized. Its current design is not congruent with modern Police facilities.
Beginning in 2003, the City has conducted several space needs analyses to determine
the appropriate size for a new facility and to allow preparation of future capital plans.
Prior studies have suggested that a new facility could range in size from 60,000 square
feet to 80,000 square feet depending upon final design that considers appropriate
adjacencies and shared space.
In 2004, the City acquired 9.4 acres of land on the southeast corner of Gateway
Boulevard and High Ridge Road for the purpose of constructing a new Fire Station and
Fire Administration Building, and a new Police Facility. The intention was to create a City
of Boynton Beach public safety complex. In 2009, Boynton Beach Fire Rescue
relocated to their new facility. There now remains approximately 5.5 acres on which to
construct a new Police Facility and thereby complete the vision for a new public safety
complex on these parcels.
1.2GOAL:
The City is seeking an Architectural/Engineering Firm with the requisite skills to
complete space programming, conceptual design and cost estimate, preparation of
bidding documents including all specifications and special/general provisions, technical
oversight during construction to include submittal reviews and site inspection, and
preparation of record drawings.
1.3 SCOPE OF SERVICES TO BE PERFORMED:
The City of Boynton Beach (City) is issuing this Request for Qualifications
(RFQ) for submissions from firms with qualified experience as noted
herein. Upon selection of the most qualified firm by the Boynton Beach
City Commission, a task order, or professional services contract will be
negotiated for subsequent approval by the City Commission. The task
order contract(s) will comply, at minimum, with the following requirements
and services. The City will reserve the right to eliminate any or all of the
remaining tasks at any time upon the completion of an awarded task order
by the Consultant.
TENTATIVE TASKS:
a. Consultant shall prepare a new space needs assessment. The
assessment shall include review of prior space evaluations and
interviews with key staff.
b. Preparation of a concept design sufficient to illustrate a proposed floor
plan, building elevations and overall site plan compatible with the
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existing Fire Station. The concept design shall also include a
preliminary cost estimate for design, construction and furnishing that is
sufficient to provide guidance for City funding via bond issuance.
c. Preparation of a final design. This specific task shall also include, but
not be limited to, final design and preparation of bidding documents
including all specifications and special/general provisions, technical
oversight during construction to include submittal reviews and site
inspection, and preparation of record drawings.
The project is targeting the U.S. Green Building Council’s Leadership in
Energy and Environmental Design (LEED) for New Construction and Major
Renovation to achieve at least a LEED certified level of certification
through the process of the Green Building Certification Institute (GBCI) and
meet the requirements of the City of Boynton Beach Green Building
Program (International Green Construction Code).
1.4 TASK ASSIGNMENT:
The City will designate a Project Manager for this project. The Project Manager will prepare a
scope of services for each task assignment that will be submitted to the awarded consultant to
provide the cost for the specific Task Order in accordance with the hourly rates to be
established for this Contract. Task Orders will be sent to City Commission for approval.
ARCHITECTS DESIGN GROUP, INC.
ADDITIONAL SERVICES HOURLY RATES
Effective 01/14 through 01/15
Per hour rates of the Architects, Interior Designers and other personnel are established as follows:
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Principals........................................................................................................................... 205.00/hr.
Studio Department Principals/Project Architects ............................................................. 182.00/hr.
Associates ......................................................................................................................... 152.00/hr.
Project Managers .............................................................................................................. 145.00/hr.
Designers............................................................................................................................. 87.00/hr.
Computer Draftsperson I..................................................................................................... 65.00/hr.
Computer Draftsperson II ................................................................................................... 65.00/hr.
Computer Supervisor .......................................................................................................... 95.00/hr.
Threshold Inspector (Certified) ........................................................................................... 83.00/hr.
Construction Administrators ............................................................................................. 102.00/hr.
Specification Writer ............................................................................................................ 98.00/hr.
Senior Draftsperson ............................................................................................................ 87.00/hr.
Draftsperson I...................................................................................................................... 73.00/hr.
Draftsperson II .................................................................................................................... 65.00/hr.
Accounting Services ........................................................................................................... 83.00/hr.
Staff (Word Processor I) ..................................................................................................... 50.00/hr.
Graphic Designer ................................................................................................................
72.00/hr.
Interior Design Principal ................................................................................................... 105.00/hr.
Interior Design Designer ..................................................................................................... 77.00/hr.
Interior Design Specification Writer ................................................................................... 76.00/hr.
Interior Design Draftsperson I ............................................................................................ 66.00/hr.
Note: Any changes in the above noted hourly rates, after January 2014 shall be provided to the Owner
thirty (30) days prior to said date and cannot exceed the noted rates by an amount greater than fifteen
(15%) percent.
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8. A
CODE COMPLIANCE & LEGAL SETTLEMENTS
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
03/18/2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve negotiated settlements in case of Brooke
EQUESTED CTION BY ITY OMMISSION
Bosler v. City of Boynton Beach.
ER:
XPLANATION OF EQUEST
Defense Counsel: N/A
Plaintiff Counsel: Lee Cohen, Esq.
Incident:
On October 17, 2013 while stopped behind a city vehicle at a stop sign, employee
began to back up and struck third party in the front causing substantial damage to the
vehicle and the airbags to deploy. The deployment of the airbags caused the driver to
sustain injuries to her right wrist and knee. The vehicle was totaled. There are two
separate settlements which the City’s adjuster was able to negotiate. The first is for
Bodily Injury in the amount of $15,000. (Executed release attached.) The second is for
damages to the vehicle in the amount of $11,215.86, which will be paid directly to
GEICO.
H?
Recommendations for settlements
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
of claims of the nature are part of the ongoing responsibilities of the Human Resources
and Risk Management Department.
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FI:
Settlements will be charged to the Risk Management Budget line item
ISCAL MPACT
522-1710-519-49.20 - Self Insured Losses for first and third party claims.
A:
Failure to approve settlement will result in discovery, litigation, and trial
LTERNATIVES
costs. Costs are estimated to be between $50,000 - $80,000.
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The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Lori LaVerierre
City Manager
THRU:
Julie Oldbury
HR/Risk Director
FROM:
Pam Webb, Risk Administrator
DATE:
February 26, 2014
SUBJECT: Brooke Bosler v. City of Boynton Beach
Date of Loss:
October 17, 2013
X Settlement __ Judgement
Risk Management recommends the City Commission ratify the:
in the above stated manner.
RESERVES
: Indemnity: $ 100,000 Expenses: $ 50,000
Demand
: Original: $ 100,000 Final: $ 50,000
Offer
: Original: $ 10,000 Final: $ 15,000
SETTLEMENT Bodily Injury Vehicle Damages
: $ 15,000$11,215.86
X
NOTE:
This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in
any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment FeesCurrent Legal Fees:
: $ -0- $ -0-
IF NOT SETTLED
Projected Legal FeesProjected Jury Verdict
: $ 60,000 : $ 25,000+
JUDGEMENT$ -
:
__
Current Adjustment Fees:Current Legal Fees:
$ - $ -
CASE NARRATIVE
: On October 17, 2013 while stopped behind a city vehicle at a stop sign,
employee began to back up and struck third party in the front causing substantial damage to the
vehicle and the airbags to deploy. The deployment of the airbags caused the driver to sustain
injuries to her right wrist and knee. The vehicle was totaled. These settlements include both
bodily injury and damages to her vehicle with an executed release (attached).
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9. A
PUBLIC HEARING
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve request for new site plan approval to
EQUESTED CTION BY ITY OMMISSION
construct a one-story, 6,200 square foot retail/office building and related site improvements,
located at 3008 South Congress Avenue, and zoned M1 (Industrial). Applicant: Bradley Miller,
Miller Land Planning, Inc.
ER:
Storage Quest Boynton Beach LLLP is requesting site plan
XPLANATION OF EQUEST
approval to construct a one-story, 6,200 square foot retail/office building and related site
improvements on a 1.01-acre parcel. The subject site is vacant and is located on the
th
east side of Congress Avenue, approximately 500 feet north of SW 30 Avenue. The
property is owned by the new owners of the storage facility located directly east of the
parcel (Mega Mini), and they desire to connect the two properties through an
ingress/egress point from Congress Avenue for purposes of improved access and
greater visibility. As part of the project, the property owner proposes to move their
business office into the new building. The remainder of the building has been designed
to accommodate up to four (4) additional tenants.
The Planning & Development Board reviewed this request at their February 25, 2014
meeting and recommended approval of the site plan request.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Annual revenues are anticipated to be $12,700 from ad valorem taxes,
ISCAL MPACT
fire assessment, business tax, water, sewer and stormwater fees, and fire inspection
fees. Additionally, one-time building permit fees will be collected for the construction of
the project.
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A?
None recommended
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-004
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DATE: February 10, 2014
PROJECT NAME/NO: iStorage Center / NWSP 14-001
REQUEST: New Site Plan
PROJECT DESCRIPTION
Property Owner:
Storage Quest Boynton Beach LLLP
Applicant:
Bradley Miller, Miller Land Planning, Inc.
Location:
3008 South Congress (see Exhibit “A” – Location
Map)
Existing Land Use:
Industrial (I)
Existing Zoning:
Industrial (M1)
Proposed Land Use:
No change proposed
Proposed Zoning:
No change proposed
Proposed Use:
Request new site plan approval to construct a one-story,
6,200 square foot retail/office building and related site
improvements.
Acreage:
1.01-acre (43,996 square feet)
Adjacent Uses:
North:
Right-of-way for L.W.D.D. L-28 Canal, and farther north
are a single-family residence, a vacant residential lot and multi-family
condominium units (Villas of Golf View Harbour), each with a High
Density Residential (HDR) future land use classification, and zoned Multi-
Family Residential (R-3);
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South:
Developed property consisting of an automated carwash, self-
storage facility and contractor’s office and yard, with an Industrial (I)
future land use classification, and zoned Light Industrial (M1);
East:
Developed property consisting of a self-storage facility,
with an Industrial (I) future land use classification, and zoned Light
Industrial (M1); and
West:
Right-of-way for Congress Avenue, and farther west is a
developed property consisting of a physical therapy rehabilitation facility
(Manor Care), with a Local Retail Commercial (LRC) future land use
classification, and zoned Community Commercial (C-3).
Site Details:
The subject site is vacant and is located on the east side of Congress
th
Avenue, approximately 500 feet north of SW 30 Avenue. The property is
owned by the same company that owns the storage facility directly east of
the parcel, and they desire to connect the two properties through an
ingress/egress point from Congress Avenue for purposes of improved
access and greater visibility. As part of the project, the property owner
proposes to move their business office into the new building for greater
exposure and ease of access.
BACKGROUND
Proposal:
Bradley Miller, of Miller Land Planning, Inc., representing Storage
Quest Boynton Beach LLLP, is requesting site plan approval to construct
a one-story, 6,200 square foot retail/office building and related site
improvements. Certain retail and office uses are permitted by right on
parcels zoned M1 (Industrial), provided they are 1) located in a multi-
tenant building situated on a parcel fronting an arterial or collector
roadway (such as Congress Avenue); 2) individual tenant space does not
exceed 5,000 square feet in size; 3) the use excludes a drive-through
component; and lastly, the use must be able to comply with the off-street
parking requirements. These regulations were adopted as a result of the
M1 Corridor Study, in an effort to create a more attractive streetscape
along our larger thoroughfares, as opposed to industrial operations with
outside storage and open overhead bay doors. Additionally, the revised
regulations make provisions for convenience type office and retail uses
on the fringe of employment and residential areas to reduce the amount
of traffic and length of vehicular trips.
th
This parcel is the last of the vacant land between SW 30 Avenue and
the L.W.D.D. L-28 canal to be developed. The parcels immediately south
of this site were developed as part of a phased project, beginning with the
approval of a three (3) story limited-access self-storage building at the
south end of the parcel in 2003. Phase II, a carwash facility situated
between the storage facility and the applicant’s parcel, was approved in
2006. The carwash was approved as a Conditional Use, after preparing a
sound study and providing additional landscape buffering to ensure
compliance with the City’s noise ordinance. Finally, in 2008, the third
phase, a contractors office with storage (not fronting on Congress
Avenue) was approved immediately west of the carwash parcel.
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ANALYSIS
Concurrency:
Traffic:
A traffic statement for the proposed project was sent to the Palm
Beach County Traffic Division for concurrency review in order to ensure
an adequate level of service. A traffic concurrency approval letter was
received from Palm Beach County indicating that two (2) AM peak hour
trips and 32 PM peak hour trips would be generated as a result of this
project and that no permits are to be issued after the build-out date of
2016.
School:
School concurrency is not required for this type of project.
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.
Sufficient sanitary sewer and wastewater treatment capacity is also
currently available to serve the project, subject to the applicant
making a firm reservation of capacity, following site plan approval.
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. Lake Worth Drainage
District (L.W.D.D.) has also reviewed the plans and requested the
applicant provide a five (5) foot easement immediately abutting their canal
right-of-way. The applicant has depicted the proposed five (5) foot
easement on the site plan per L.W.D.D. request. Prior to issuance of a
L.W.D.D. permit, the applicant will be required to record the easement in
County records.
Vehicular Access:
The site plan (Sheet SP-1) shows that two (2) primary points of
ingress/egress are proposed for the new building. The first, a right-
in/right-out driveway opening from Congress Avenue, would occur at the
southwest corner of the parcel within a 25 foot wide ingress/egress
easement located between this parcel and the carwash to the south. This
easement was required at the time of approval of the carwash project. A
second point of ingress/egress is an existing full driveway opening along
th
SW 30 Avenue, south of the parcel. This access was required during the
approval of the three (3) story limited-access self-storage building to the
south and extended to this site during approval of the carwash property. A
point of inter-parcel access is proposed between the existing single story
self-storage facility to the east and the subject site, both under same
ownership, as part of a Minor Site Plan Modification subsequent to
approval of this proposed site plan. Prior to the construction of the
proposed bridge and culvert within the drainage easement, the property
owner will be required to record a hold harmless agreement in the County
records, once approved by the City Attorney (see Exhibit “C” – Conditions
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of Approval). The requirements for a dumpster and truck loading zone
have been reviewed and approved by the Engineering Division with the
submittal of truck turning radius diagrams by the applicant.
Circulation:
Vehicular circulation from each driveway would include two-way
circulation that continues throughout the parking lot. Pedestrian
connectivity would be provided on site via a walkway that would extend
from the east and south sides of the building, where tenant entries would
be, and connect with the sidewalk along South Congress Avenue. A
covered bike rack is proposed on the south side of the building, between
tenant entrances.
Parking:
The site plan (Sheet SP-1) proposes a 6,200 square foot office/retail
building, which would require 31 parking spaces maximum if the entire
6,200 square feet was devoted to retail. The required number of parking
spaces is based upon the standard of one (1) parking space per 200
square feet of building, as opposed to one (1) space per 300 square feet
for office use. The site plan depicts 31 parking spaces, including two (2)
designated for handicap use. 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
to clearly delineate areas on site and direction of circulation.
Landscaping:
The landscape plan (Sheet L-1) indicates compliance with the required
minimum buffers around the perimeter of the site. A seven (7)-foot wide
buffer is proposed adjacent to South Congress Avenue and a five (5)-foot
wide buffer along the south and east property lines. Along the north
property line, adjacent to the L.W.D.D. canal and residential development
farther north, the landscape plan indicates a 12-foot wide buffer that
includes a six (6)-foot high buffer wall. The wall will have decorative
columns, cap, and offsets to comply with the monotony restrictions, as
well as a Marlberry hedge at 36” in height and Jamaican Caper shrubs
48” in height planted in the offsets along the exterior of the wall. On the
interior of the wall, the north buffer will consist of Live Oak, Green
Buttonwood, and Sabal Palm trees. These canopy trees would be planted
at 16 feet in height and the Sabal palms would be 20 feet in height, in an
effort to provide a substantial screen as part of the required Type II
Buffer. The landscaping scheme provides the aforementioned canopy
and palm trees, as well as Silver Buttonwood, East Palatka Holly and
Alexander Palm trees. Typical shrubs would include Horizontal and Red
Tip Cocoplum, Copperleaf, Florida Privet, Podocarpus, and Firebush.
The pervious area would total 44% of the entire site and
consists of landscaped and open space areas. The landscape code
requires that 50% or more of the plant material be native species or low to
medium water demand varieties. The plant list (Sheet L-1) indicates that
75% of the trees would be native species. Also, the landscape plan
indicates that a total of 99% of shrubs would be categorized as low to
medium water demand. The code also 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. The applicant has reduced the amount of sodded areas
from the original submittal, limiting placement to the canal banks and the
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sloped area between the building and the Congress Avenue sidewalk. As
the landscape area between the building and the sidewalk along
Congress Avenue does not fit one of these categories, staff is
recommending a condition of approval to replace the proposed sod with a
hearty groundcover or variety of shrub material (see Exhibit “C” –
Conditions of Approval).
Building and Site:
The proposed building is designed as a one (1)-story structure with
parapet walls at two (2) varying heights to provide architectural character
to the structure. The proposed building placement complies with the
minimum setbacks of the M1 zoning district, which are 15 feet for the front
and sides and 20 feet for the rear yard setback. The proposed building
would be setback 37 feet from the north property line, with the additional
80 foot wide L.W.D.D. canal right-of-way further separating it from
residentially zoned property. There is also a six (6) foot tall wall with
landscaping on both sides providing further buffering. As noted
previously, the applicant proposes to bridge the drainage easement to the
east and provide a driveway connection to their existing storage property.
The floor plan (Sheet A2.01) indicates the proposed
building is designed to be utilized by up to five (5) tenants, with tenant
spaces proposed between approximately 1,000 and 1,400 square feet.
One of the tenants proposed for the space includes the business office for
the single story self-storage facility to the east (iStorage), since a
connection is proposed between the two (2) properties. The floor plan, as
designed, would allow for the combination of proposed tenant spaces,
thereby reducing the total number of tenants.
Building Height:
The building elevations (Sheet A3.01) indicate the highest point of the
structure would be 24 feet – 8 inches in height, with the typical parapet
wall at 20 feet – 8 inches, and the roof deck at a height of 16 feet – 8
inches, well below the maximum of 45 feet allowed in the M1 zoning
district, and below the maximum 45 feet allowable height of the residential
district to the north, across the canal.
Design:
The proposed building utilizes many similar design features as
other area retail/office buildings, including neutral colors. According to
the “Materials Schedule” shown on Sheet A3.01, the main body paint
colors of the building would be a light cream and light tan “Modest White”
– SW 6084 and “Sand Dollar” – SW 6099 respectively. The base color for
the building is proposed as a medium tan “Dapper Tan” – SW 6144. The
accent color of the cornice and trim above would be white “Extra White” –
SW 7006. The elevations show that the parapet roof would vary in height
to give architectural character to the building and help define tenant
spaces. Storefront glass is proposed on the east, south and north sides of
the building, with glass doors and sidelights on most of the west building
façade. All facades depict red standing seam metal canopies over the
windows and doors.
Public Art:
The applicant has indicated they have not selected the proposed
artwork or artist at this time. The proposed development of the site is
anticipated to cost $700,000, which places the value of any artwork for
the site at approximately $4,900. Ultimate review and approval of the
artist and artwork would be under the purview of the Arts Commission.
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Site Lighting:
The photometric plan (Sheet PP-1) proposes a total of six (6)
freestanding lights in the parking lot. The freestanding lights would be
fiberglass pole light fixtures painted black and 15 feet in height.
Additional exterior lighting would be building mounted at a height not to
exceed 15 feet. Per Chapter 4, Article VII., Section 3.C. of the Land
Development Regulations, all proposed lighting shall be shielded to direct
light down and away from adjacent properties and rights-of-way. The
height of the pole and wall fixtures was chosen to mitigate any light
trespass onto the residential properties over 100 feet away, and in
conjunction with the landscape buffer on the north property line, there
should be no adverse impacts.
Signage:
Wall signage would consist of non-internally illuminated aluminum
sign faces with 3M vinyl graphics. iStorage signage would be red and
black background with white letters. All other tenants would have the
same type and material sign, with red background and white letters, each
utilizing the Arial font. The signs will be externally illuminated by a light
bar installed beneath the sign panel. Staff recommends the light bar
proposed to be placed underneath the tenant signs for external
illumination be designed in such a manner as to obscure the light source
from view from off the premises (see Exhibit “C” – Conditions of
Approval). Tenant sign square footage will be calculated based upon
one (1) square foot of sign per one (1) lineal foot of tenant frontage. There
is no monument sign planned for the site at this time.
RECOMMENDATION
The Development Application Review Team (DART) has reviewed this request for new
site plan approval and recommends approval contingent upon satisfying all comments
indicated in Exhibit “C” – Conditions of Approval. Any additional conditions
recommended by the Board or City Commission shall be documented accordingly in the
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\iStorage Center\NWSP 14-001\Staff Report.doc
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EXHIBIT “C”
CONDITIONS OF APPROVAL
Project Name: iStorage Center
File number: NWSP 14-001
ND
Reference: 2 review plans identified as a New Site Plan with a January 14, 2014
Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments: None, previous comments addressed.
FIRE
Comments: None
POLICE
Comments: None, previous comments addressed.
BUILDING DIVISION
Comments:
1. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
X
(Development Application Review Team) process does not ensure
that additional comments may not be generated by the commission
and at permit review.
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DEPARTMENTS
INCLUDE REJECT
2. Identify within the Site Data the finished floor elevation (lowest floor
elevation) that is proposed for the building. Verify that the proposed
elevation is in compliance with regulations of the code by adding
specifications to the Site Data that address the following issues:
A. The design professional-of-record for the project shall add the
following text to the Site Data: “The proposed finish floor
elevation___.__ NGVD is above the highest 100-year base flood
elevation applicable to the building site, as determined by the
X
SFWMD’s surface water management construction development
regulations.
B. From the FIRM map, identify in the Site Data the title of the flood
zone that the building is located within. Where applicable,
specify the base flood elevation. If there is no base flood
elevation, indicate that on the plans.
C. Identify the floor elevation that the design professional has
established for the building within the footprint of the building
that is shown on the drawings titled Site Plan, Floor Plan and
Civil Plan.
3. At time of permit review, submit signed and sealed working
X
drawings of the proposed construction.
4.
CBBCPP 3.C.3.4 requires the conservation of potable water. City water
may not, therefore, be used for landscape irrigation where other sources
X
are readily available.
A water-use permit from SFWMD is required for an irrigation
5.
system that utilizes water from a well or body of water as its
X
source. A copy of the permit shall be submitted at the time of
permit application, F.S. 373.216.
At time of permit review, submit separate surveys of each lot,
6.
X
parcel, or tract.
7. Pursuant to approval by the City Commission and all other
outside agencies, the plans for this project must be submitted
to the Building Division for review at the time of permit
X
application submittal. The plans must incorporate all the
conditions of approval as listed in the development order and
approved by the City Commission.
8. The full address of the project shall be submitted with the
construction documents at the time of permit application
submittal. The addressing plan shall be approved by the United
States Post Office, the City of Boynton Beach Fire Department,
the City’s GIS Division, and the Palm Beach County Emergency
X
911.
a. Palm Beach County Planning, Zoning & Building Division,
2300 N. Jog Road, West Palm Beach, Florida 33411-
2741(Sean McDonald – 561-233-5016)
b. United States Post Office, Boynton Beach (Michelle Bullard –
561-734-0872)
310 of 330
DEPARTMENTS
INCLUDE REJECT
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
9. It is the applicant’s responsibility to ensure that the application request is
publicly advertised in accordance with Ordinance 04-007 and Ordinance
X
05-004 and an affidavit provided to the City Clerk.
10. The construction of the proposed bridge and culvert within the
drainage easement will require the recording of a hold harmless and
maintenance agreement, approved by the City Attorney, in the X
County records prior to the work commencing.
11. Signage depicted on the building facades are for reference only.
Compliance with Sign Program and Sign Code regulations will be
X
determined at time of permitting.
12. The light bar proposed to be placed underneath the tenant signs for external
illumination shall be designed in such a manner as to obscure the light
X
source from view from off the premises.
13. The landscape code requires elimination of any small sod areas to reduce
irrigation demand. The applicant shall eliminate the sodded area
X
proposed along Congress Avenue and replace it with a hearty
groundcover or a variety of shrub material.
14. Please revise the site plan, landscape plan and all other appropriate
plans to depict location of required public art. It is recommended you
coordinate this effort with Debby Coles-Dobay, Public Arts X
Administrator (561-742-6026).
COMMUNITY REDEVELOPMENT AGENCY
Comments: N/A
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\iStorage Center\ NWSP 14-001\COA post P&D.doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: iStorage Center (NWSP 14-001)
APPLICANT: Bradley Miller, Miller Land Planning
APPLICANT’S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18, 2014
APPROVAL SOUGHT: New site plan approval to construct a one-story, 6,200
square foot retail/office building and related site
improvements, located at 3008 South Congress Avenue,
and zoned M1 (Light Industrial).
LOCATION OF PROPERTY: 3008 South Congress Avenue, on the east side approximately 500 feet
th
north of SW 30 Avenue.
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
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12. A
NEW BUSINESS
March 18, 2014
COBB
ITY F OYNTON EACH
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GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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ONSENT GENDAEGAL
BP$100,000 FAI
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CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Consider funding request for Sister Cities
EQUESTED CTION BY ITY OMMISSION
Committee in the amount of $967.00 for: 1) annual dues to the Sister Cities International ($680);
2) annual dues to the state association ($25); 3) State filing fee ($62); and the Boynton Beach
Chamber of Commerce membership dues ($200).
ER:
Attached please find an email communication from Ms.
XPLANATION OF EQUEST
Jeanne Heavilin regarding funding assistance for the Sister Cities Committee’s dues to
the International Association ($680), the State Association ($25), the State Filing
Fee($62) and the Boynton Chamber dues.
H?
The City has recently restored
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
funding in the budget to support these expenses for the Sister Cities Committee.
FI:
$967.00 – Funding provided in account 001-1211-512-81-01.
ISCAL MPACT
A:
Not provide funding assistance.
LTERNATIVES
314 of 330
315 of 330
13. A
LEGAL
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-002 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve Ordinance rescinding Ordinance 13-014
which changed the land use designation for a parcel of land located at 125 East Ocean Avenue
from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX); restoring Public
and Private Governmental /Institutional (PPGI) land use to the property.
ER:
The City Commission adopted Ordinance No. 13-014 which
XPLANATION OF EQUEST
reclassified the land use of the property from Public and Private Governmental/Institutional
(PPGI) to Mixed Use (MX). The adoption of Ordinance No. 13-014 contemplated a
public/private partnership and transfer of real property that did not occur. Rescission of
Ordinance No. 13-014 to restore the previous Public and Private Governmental/Institutional
(PPGI) land use designation will allow planning for further use of the property as part of a City
Town Square Area project within which the land is located.
On January 21, 2014, the City Commission approved this ordinance on first reading.
Subsequently, the Planning & Development Board reviewed it at the February 25, 2014 meeting
and recommends its approval to the City Commission .
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
Not rescind Ordinance 13-014 which limits the use of the property.
LTERNATIVES
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ORDINANCE NO. 14-004
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RESCINDING ORDINANCE 13-014 WHICH CHANGED
THE LAND USE DESIGNATION FOR A PARCEL OF
LAND LOCATED AT 125 EAST OCEAN AVENUE
FROM PUBLIC AND PRIVATE
GOVERNMENTAL/INSTITUTIONAL (PPGI) TO
MIXED USE (MX); RESTORING PUBLIC AND
PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI)
LAND USE TO THE PROPERTY; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida adopted
Ordinance No. 13-014 which reclassified the land use of the property from Public and Private
Governmental/Institutional (PPGI) to Mixed Use (MX); and
WHEREAS,
the adoption of Ordinance No. 13-014 contemplated a public/private
partnership and transfer of real property that did not occur; and
WHEREAS,
staff supports rescission of Ordinance No. 13-014 to restore the previous
Public and Private Governmental/Institutional (PPGI) land use designation which would allow
planning for further use of the property as part of a City Town Square Area project within which
the land is located.
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
herein by this reference.
Section 2. Ordinance No. 13-014 is hereby rescinded. The land use on the property
will revert to Public and Private Governmental/Institutional (PPGI).
Section 3. That the Land use Map of the City is amended to reflect this rescission.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
317 of 330
Section 5. Should any section or provision of this Ordinance or any portion thereof be declared
by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of
this Ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
st
FIRST READING this 21 day of January, 2014.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
______________________________
Commissioner – Joe Casello
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
318 of 330
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-002
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU:Michael Rumpf
Planning and Zoning Director
Hanna Matras, Senior P
FROM:lanner
DATE:January 21, 2014
PROJECT: The Boynton Old School Commercial Center
Revocation of Mixed Use (MX) Future Land Use classification
REQUEST: Approve the Boynton Old School Commercial Center (LUAR 14-001)
reclassifying subject property from Mixed Use (MX) to Public and Private
Governmental/ Institutional (PPGI)
________________
PROJECT DESCRIPTION
Property Owner: The City of Boynton Beach
Applicant: City-initiated
Location: 125 East Ocean Avenue (see Exhibit “A”)
Existing Land Use/Zoning: Mixed Use (MX)/ Public Usage (PU)
Proposed Land Use/Zoning: Public and Private Governmental/Institutional (PPGI)/Public
Usage (PU)
Proposed Use: N/A
Acreage: 1.939 acres
Adjacent Uses:
st
North: The right-of-way for the NE 1 Avenue; farther north, the City Hall
Complex, classified Public and Private Governmental/Institutional
(PPGI) and designated Public Usage (PU);
South: The Boynton Beach City Library and Civic Center, classified
Public and Private Governmental/Institutional (PPGI) and
designated Recreation (REC);
319 of 330
East: Schoolhouse Children’s Museum and Learning Center, and Kids
Kingdom park, classified Public and Private Governmental/
Institutional (PPGI) and zoned Public Usage (PU);
West: Right-of-way for Seacrest Boulevard; and farther west First United
Methodist Church, classified Low Density Residential (LDR) and
High Density Residential (HDR) and zoned R-3 (Multi-Family
Residential) and R-1A (Single-Family Residential).
BACKGROUND AND RECOMMENDATION
On June 18, 2013 the City Commission adopted Ordinance No. 13-014, which
reclassified the land use of the property from Public and Private
Governmental/Institutional (PPGI) to Mixed Use (MX). However, the City Commission
did not approve the city-initiated request for rezoning of the property from Public Usage
(PU) to Mixed Use Low Intensity 1 zoning district or the applicant’s request for a Major
Site Plan Modification.
The adoption of subject ordinance contemplated a public/private partnership and
transfer of real property that did not occur. Therefore, staff supports rescinding of
Ordinance No. 13-014 to revert the site to the original Public and Private
Governmental/Institutional future land use classification.
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13. B
LEGAL
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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ONSENT GENDAEGAL
BP$100,000 FAI
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CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-004 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve Ordinance rescinding Ordinance 13-001 which established a local/city
historic designation for the Old High School.
ER:
The City Commission adopted Ordinance No. 13-001 which
XPLANATION OF EQUEST
designated the Old High School property as a Historic Designation Site. The adoption of
Ordinance No. 13-001 contemplated a public/private partnership and transfer of real property
that did not occur. Rescission of Ordinance No. 13-001 to remove the designation of Historic
Designation Site will allow planning for further use of the property as part of a City Town
Square Area project within which the land is located.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
Not rescind Ordinance 13-001 which limits the use of the property.
LTERNATIVES
321 of 330
ORDINANCE NO. 14-004
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RESCINDING ORDINANCE 13-001 DESIGNATING
THE PROPERTY KNOWN AS THE BOYNTON HIGH
SCHOOL LOCATED AT 125 EAST OCEAN AVENUE
AS A LOCAL HISTORIC SITE; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida adopted
Ordinance No. 13-001 which designated the property known as the Boynton High School located
at 125 East Ocean Avenue as a historic site; and
WHEREAS,
the adoption of Ordinance No. 13-001 contemplated a public/private
partnership and transfer of real property that did not occur; and
WHEREAS,
staff supports rescission of Ordinance No. 13-001 to rescind the
designation of a historic site which would allow planning for further use of the property as part
of a City Town Square Area project within which the land is located.
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
herein by this reference.
Section 2. Ordinance No. 13-001 is hereby rescinded. The designation of Boynton
High School Historic Site is removed from the property.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. Should any section or provision of this Ordinance or any portion thereof be declared
by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of
this Ordinance.
Section 5. This ordinance shall become effective immediately upon passage.
322 of 330
FIRST READING this 18th day of March, 2014.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
______________________________
Commissioner – Joe Casello
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
323 of 330
13. C
LEGAL
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
1) Accept report/update from City Attorney on
EQUESTED CTION BY ITY OMMISSION
Sober Home legislation per the request of Commissioner Casello; and 2) Adopt PROPOSED
RESOLUTION NO. R14-026 - supporting legislative changes being considered by the State
Legislature at this time.
ER:
At the March 4, 2014 Commission meeting Commissioner
XPLANATION OF EQUEST
Casello requested that staff provide an update on the topic of Sober Homes. Attached
is a memorandum prepared by our City Attorney. Also attached is a Resolution for the
Commission to consider in support of the current legislative changes that are being
considered in Tallahassee during this legislative session.
H?
tbd
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
n/a
ISCAL MPACT
A:
Not adopt resolution.
LTERNATIVES
324 of 330
325 of 330
326 of 330
RESOLUTION NO. R14-026
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA URGING THE FLORIDA
LEGISLATURE TO ADOPT AND GOVERNOR RICK SCOTT TO
SUPPORT LEGISLATIVE CHANGES PROVIDING FOR THE
REGULATION OF RECOVERY RESIDENCES OR “SOBER
HOUSES” IN THE FORM OF STATEWIDE LICENSING AND
REGISTRATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS,
recovery residences, also known as “sober houses,” are not required to be
licensed under state law; and
WHEREAS
, sober houses impact residential neighborhoods and when unlicensed and
unregulated, create safety and welfare hazards for both their residents and surrounding
neighbors; and
WHEREAS
, the City Commission of the City of Boynton Beach urges the Florida
Legislature to adopt and Governor Rick Scott to support regulations and licensing requirements
for sober houses in order to:
1.Create a consistent standard of operation to provide uniform and safe operation
throughout the state;
2.Provide for accountability for the owners/operators of these homes;
3.Help end abuses that are occurring in some homes;
4.Require background checks for owners/operators of these homes similar to those
required for owners/operators of substance abuse treatment providers, assisted living
facilities, adult family-care homes and adult day care centers, and community
residential homes; and
5.Ensure that certain life safety standards similar to those already in place for the homes
and facilities referenced above are followed in order to keep residents safe; and
WHEREAS,
the community housing component of licensed day or night treatment
facilities is already licensed pursuant to Chapter 397, Florida Statutes, and such housing
performs the same as a sober house; and
WHEREAS
, uniform regulation of sober houses will provide safety to a disadvantaged
group and protect both the residents and their surrounding communities; and
WHEREAS
, the City Commission determines that the regulation of sober houses would
be in the best interests of and protect the health, safety and welfare of its residents, both
temporary and permanent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
327 of 330
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 urges the
Florida Legislature and the Governor to support the regulation and licensing of recovery
residences (sober houses) located throughout the State of Florida.
Section 3.
The City Clerk is hereby directed to provide copies of this Resolution to
the Governor, the Speaker of the House, the President of the Senate, the Palm Beach County
Legislative Delegation, the Florida League of Cities and the Palm Beach League of Cities.
Section 4.
This Resolution shall become effective immediately upon passage.
th
PASSED AND ADOPTED
by the City of Boynton Beach, this 18 day of March, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor – Woodrow L. Hay
_______________________________
Commissioner – David T. Merker
________________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
328 of 330
13. D
LEGAL
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
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ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Pursuant to Section 286.011(8), Florida Statutes, I
EQUESTED CTION BY ITY OMMISSION
am requesting a private attorney-client session of the City Commission to discuss pending
litigation in the following case:
1. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF BOYNTON BEACH,
Defendant - Case No. 502013CA011391XXXXMB AH (Breach of Contract)
2. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF BOYNTON
BEACH, Respondent - Case No. 502013CA011436XXXXMB AY (Writ of Certiorari)
ER:
In attendance will be Mayor Jerry Taylor, Vice Mayor Woodrow
XPLANATION OF EQUEST
Hay, Commissioners David Merker, Michael Fitzpatrick and Joe Casello, City Attorney James
Cherof, Assistant City Attorney Michael D. Cirullo, Jr., Special Litigation Counsel Lyman
Reynolds, and City Manager Lori LaVerriere. Ninety minutes is requested.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The Court Reporter fee.
ISCAL MPACT
A:
N/A
LTERNATIVES
329 of 330
14. A
FUTURE AGENDA ITEMS
March 18, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 18, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Discuss allowing a Commissioner to run for Mayor
EQUESTED CTION BY ITY OMMISSION
immediately following the Commissioner's term limit. - TBD
ER:
Vice Mayor Hay requested at the March 4, 2014 City
XPLANATION OF EQUEST
Commission Meeting that discussion be added to Future Agenda Items
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
330 of 330